guam economic developmentauthority … 15-003.pdf · · 2015-12-15for the construction of...

GUAM ECONOMIC DEVELOPMENT AUTHORITY INVITATION FOR BIDS NO. 15‐003

FOR THE CONSTRUCTION OF CROSSWALKS AT THE DFS GALLERIA INTERSECTION, TUMON AND THE CHAMORRO VILLAGE, HAGATNAIFB Issue Date: December 16, 2015

Bid Due Date and Time: January 20, 2016

2:00 p.m., Chamorro Standard Time (ChST)

ISSUING AGENCY

Guam Economic Development Authority Mana Silva Taijeron Acting Administrator ITC Building, Suite 511

590 South Marine Corps Drive Tamuning, Guam 96913 Phone: (671) 647‐4332 Fax: (671) 649‐4146

Website: http://www.investguam.com

Single Point of Contact: Gloria Molo

Guam Economic Development Authority ITC Building, Suite 511

590 South Marine Corps Drive Tamuning, Guam 96913

Email: [email protected] Phone: (671) 647‐4332

INSTRUCTIONS TO BIDDERS

Submit Bid to: Mana Silva Taijeron

Guam Economic Development Authority ITC Building, Suite 511

590 South Marine Corps Drive Tamuning, Guam 96913

Mark Face of Envelope/Package: IFB Number: 15‐003 IFB Title: CONSTRUCTION OF CROSSWALKS AT THE DFS GALLERIA INTERSECTION, TUMON AND THE CHAMORRO VILLAGE, HAGATNA Bid Due Date: January 20, 2016, 2:00 p.m.(ChST)

BIDDERS MUST COMPLETE THE FOLLOWING

Bidder Name/Point of Contact/Address: Authorized Bidder Signatory:

(Please print name and sign in ink)

Bidder Phone Number: Bidder FAX Number:

Bidder Federal I.D. Number: Bidder E‐mail Address:

BIDDERS MUST RETURN THIS COVER SHEETWITH THEIR BID

GEDA IFB 15‐003Construction of Crosswalks at the DFS Galleria Intersection, Tumon and the Chamorro Village, Hagatna

TABLE OF CONTENTS SECTION 1: SCHEDULE OF EVENTS .................................................................................................. 4

SECTION 2: PROJECT OVERVIEW & INVITATION FOR BID .................................................................. 5

SECTION 3: INSTRUCTIONS TO BIDDERS & GENERAL INFORMATION ................................................. 7

SECTION 4: PROJECT SCOPE .......................................................................................................... 18

ATTACHMENT A: BID FORM ................................................................................................................... 22

ATTACHMENT B: BID BOND ................................................................................................................... 29

ATTACHMENT C: BIDDER QUALIFICATION STATEMENT .......................................................................... 32

ATTACHMENT D: BIDDER FINANCIAL STATEMENT.................................................................................. 41

ATTACHMENT E: DESIGNATION OF SUBCONTRACTORS ......................................................................... 42

ATTACHMENT F‐1: MAJOR SHAREHOLDERS DISCLOSURE AFFIDAVIT ........................................................ 45

ATTACHMENT F‐2: NON‐COLLUSION AFFIDAVIT ....................................................................................... 46

ATTACHMENT F‐3: NON‐GRATUITY AFFIDAVIT ......................................................................................... 47

ATTACHMENT F‐4: AFFIDAVIT REGARDING CONTINGENT FEES ...................................................... 48

ATTACHMENT F‐5: ETHICAL STANDARDS AFFIDAVIT ................................................................................. 49

ATTACHMENT F‐6: DECLARATION REGARDING COMPLIANCE WITH WAGES ............................................. 50

ATTACHMENT G: FORM CONTRACT ....................................................................................................... 62

ATTACHMENT H: PERFORMANCE BOND ................................................................................................ 95

ATTACHMENT I: LABOR AND MATERIAL PAYMENT BOND .............................................................................. 97

ATTACHMENT J: ACKNOWLEDGEMENT OF RECEIPT FORM ............................................................... 99

ATTACHMENT K: TECHNICAL DRAWING LIST .......................................................................................... 100

ATTACHMENT L: DRAWINGS, PLANS AND SPECIFICATION ..................................................................... 101

ATTACHMENT M: PROJECT GENERAL CONDITIONS ................................................................................. 102


BIDDER’S CHECKLIST

This checklist is provided for assistance only and should not be submitted with Bidder’s bid.

Things to Keep in Mind When Responding to this IFB

1. Read all the IFB documents. Such documents include, but are not limited to the

invitation for bid, instructions to bidders, Technical Documents, and required affidavits. Note critical items such as: mandatory requirements; services required; Schedule of Events; bid form; contract requirements (i.e., performance and payment bonds, insurance requirements, and reporting requirements, etc.).

2. Note the procurement officer’s name, address, phone numbers and e‐mail address.

This is the only person you are allowed to communicate with regarding the IFB and is an excellent source of information for any questions you may have.

3. Attend the pre‐bid conference/teleconference if one is offered. Conferences provide an

opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify GEDA of any ambiguities, inconsistencies, or errors in the IFB.

4. Take advantage of the “question and answer” period. Submit your questions to the

procurement officer by the due date listed in the Schedule of Events and review the answers given, which will be in the form of an addendum to the IFB.

5. Use the forms provided, i.e., cover page, bid form, required affidavits, etc. 6. Check GEDA’s website for IFB amendments/addenda. Before submitting your bid,

check GEDA’s website at http://www.investguam.com to see whether any amendments or addenda were issued for the IFB. If so, you must submit a signed acknowledgment of receipt for each amendment/addendum and you must acknowledge receipt of all amendments/addenda in your bid.

7. Submit your bid on time. Note all the dates and times listed in the Schedule of Events

and within the IFB documents, and be sure to submit all required items on time. Late bids are never accepted.

8. Include all required documents. Bidders are reminded to read the entire IFB package

and include all required documentation.


SECTION 1: SCHEDULE OF EVENTS

EVENT DATE LOCATION

IFB Issue Date December 16, 2015 GEDA Office and Website

Pre‐bid Conference January 6, 2016 9:00 a.m. (ChST)

GEDA Conference Room

Deadline for Receipt of Written Questions

January 8, 2016 5:00 p.m. (ChST)

GEDA Office

Issuance of Answers to Written Questions

January 13, 2016

GEDA Office and Website

Bid Submission Deadline January 20, 2016 2:00 p.m. (ChST)

GEDA Receptionist Desk

Bid Opening Janaury 20, 20162:15 p.m. (ChST) on the Bid Submission Deadline date

GEDA Conference Room


SECTION 2: PROJECT OVERVIEW & INVITATION FOR BID

2.0 PROJECT OVERVIEW The Guam Economic Development Authority (“GEDA”), on behalf of the Government of Guam, is soliciting sealed bids for the construction of improvements to the pedestrian crosswalks at the DFS Galleria Intersection in Tumon and the Chamorro Village in Hagatna. Details are provided in the project drawings. Construction of the Project is part of the Capital Improvement Program established by Public Law 30‐228, which utilizes proceeds from the Hotel Occupancy Revenue (“HOT”) Bonds, Series 2011A to fund various projects enumerated in the law.

2.1 INVITATION FOR BID

This IFB is issued in accordance with 5 G.C.A. § 5211 and 2 Guam Administrative Rules and Regulations (“GARR”) § 3109. Sealed bids will be received until the Bid Submission Deadline set forth in the Schedule of Events at the receptionist desk at GEDA located at the ITC Building, Suite 511, 590 South Marine Corps Drive, Tamuning, Guam. On the same day as specified in the Schedule of Events, all bids will be publicly opened and read aloud at the GEDA conference room located at the ITC Building, Suite 511, 590 South Marine Corps Drive, Tamuning, Guam. Bids submitted after the bid submission deadline set forth in the Schedule of Events will not be considered. All bids must be accompanied by a bid security in the amount of 15% of the total bid price. Bid security may be in the form of a bid bond, certified check or cashier’s check made payable to GEDA.

This Invitation for Bid package consists of the following documents:

Bid Invitation Documents

a. Schedule of Events b. Project Overview & Invitation for Bid c. Instructions to Bidders & General Information d. Project Scope e. Acknowledgment of Receipt Form f. IFB Addenda, if any

Bid Submittal Documents

a. Bid Form b. Bid Security c. Affidavit Disclosing Ownership and Commissions d. Affidavit Regarding Non‐Collusion e. Affidavit Regarding No Gratuities or Kickbacks f. Affidavit Regarding Contingent Fees g. Affidavit Regarding Ethical Standards h. Declaration Regarding Compliance with U.S. DOL Wage Determination i. Designation of Subcontractors


j. Bidder Qualification Statement k. Bidder Financial Statement l. Statement regarding Bidder’s Safety Program m. Statement regarding Bidder’s Quality Control Program n. Bidder Project Schedule

Contract Documents

a. Form Contract b. General Project Scope c. Performance Bond d. Labor and Material Payment Bond e. Prevailing Wage Rates for Guam

Plans, drawings and specifications prepared by Lyon Associates, Inc. & Parsons Brinckerhoff, Inc. as follows:

a. Drawings titled CROSSWALKS AT THE DFS GALLERIA INTERSECTION, TUMON prepared by Lyon

Associates, Inc., 137 Murray Blvd, Suite 203, Hagåtña, Guam and dated October 29, 2015. b. Drawings titled CROSSWALKS AT THE CHAMORRO VILLAGE, HAGATNA prepared by Parsons

Brinckerhoff, Inc., 590 South Marine Corps Drive, Suite 421, Tamuning, Guam and dated November 20, 2015.


SECTION 3: INSTRUCTIONS TO BIDDERS & GENERAL INFORMATION

3.0 AUTHORITY This IFB is issued under the authority of the Guam Procurement Act and the Guam Procurement Regulations.

3.1 OFFEROR COMPETITION

GEDA encourages free and open competition among bidders. Whenever possible, GEDA will design specifications to accomplish this objective, consistent with the necessity to satisfy GEDA’s need to procure technically sound, cost‐effective services and supplies.

3.2 SINGLE POINT OF CONTACT From the date this IFB is issued until final award, offerors shall not communicate with any GEDA staff, Board Members or officials regarding this procurement, except at the direction of Gloria Molo, the single point of contact for this procurement. Any unauthorized contact may disqualify the offeror from further consideration. Contact information for the single point of contact is as follows:

Gloria Molo Guam Economic Development Authority ITC Building, Suite 511 590 South Marine Corps Drive Tamuning, Guam 96913 Phone Number: (671) 647‐4332 Fax Number: (671) 649‐4146 Email: [email protected]

All questions regarding this IFB shall be sent to the Single Point of Contact with a copy to Larry Toves at [email protected].

3.3 AVAILABILITY

This IFB is available for public inspection and review at GEDA’s office located at the ITC Building, Suite 511, 590 South Marine Corps Drive, Tamuning, Guam, Monday through Friday, excluding holidays, between 8:00 a.m. and 5:00 p.m. Prospective bidders may obtain a copy of the IFB and all attachments, which will be made available in .pdf format on CD, at GEDA’s office. A copy of the IFB is also available for download from GEDA’s website at www.investguam.com.

Upon obtaining this IFB, prospective bidders must complete the Acknowledgement of Receipt Form set forth as an Attachment to this IFB and return the completed form to GEDA in order to receive any addenda or other notices related to this IFB. Failure by prospective bidders to submit the Acknowledgement of Receipt Form to GEDA and to acknowledge receipt of all amendments/addenda in their bids may result in the prospective bidder not receiving notices from GEDA regarding this IFB, including addenda, or their bids may be deemed non‐ responsive.


3.4 AMENDMENTS TO THE IFB GEDA reserves all rights to revise or amend this IFB prior to the date set for opening. Such revisions and amendments, if any, will be announced by an amendment or addendum to this IFB and shall be identified as such. The amendment shall refer to the portions of the IFB it amends. Amendments and addenda shall be sent to all prospective bidders who have submitted the Acknowledgement of Receipt Form to GEDA. All bidders must acknowledge receipt of all amendments or addenda issued in their bid submission.

3.5 PREPARATION AND SUBMISSION OF BIDS Bidders must submit their bids on the forms furnished as part of this IFB. All blank spaces on the bid form must be correctly filled in, and bidders must state the total lump sum or other specified cost for each bid item.

Bidders are required to bid on all items in the Bid Schedule(s), including all Bid Options. Failure to bid on all items in the Bid Schedule(s) (Base and Options) may result in rejection of the Bid as non‐responsive.

The bid form must be completed entirely in ink and any numerical statements must be written in words and numerals. In case of conflict between words and numerals, the words, unless obviously incorrect, will govern. Erasures or other changes in a bid must be explained or noted over the signature of the bidder. Bids containing any conditions, omissions, unexplained erasures or alterations or items not called for in the bid form or irregularities may be rejected by GEDA. Bidders must supply all information required by the bid form and Bid Schedule(s).

The bidder shall sign its bid in the blank space provided therein. Each bid must give the full business address of the bidder and be signed by the bidder with its usual signature. If the bid is made by a partnership, it must be acknowledged by one of the partners; if made by a corporation, it must be acknowledged by one of the authorized officers thereof. Bids by partnerships must furnish the full names of all partners and must be signed in the name of the partnership by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the State of Incorporation and by the signature and designation of the officer, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word “president”, “agent” or other designation without disclosing his principal, may be held to be the bid of the individual signing. When requested by GEDA, satisfactory evidence of the authority of the officer signing in behalf of the corporation shall be furnished.

Bids shall be enclosed in a sealed envelope which shall be marked and addressed as set forth in the section titled “Receipt and Opening of Bids.”


3.6 BID SECURITY At the time of submission of the sealed bid, bidders shall submit a bid security in the amount of fifteen percent (15%) of the total Base Bid amount. The bid security may be made by bid bond (form attached), cash, cashier’s or certified check payable to the Guam Economic Development Authority or other form satisfactory to GEDA. Such bid security shall be submitted with the understanding and agreement that it shall guarantee that the bidder shall not withdraw its bid for a period of ninety (90) days after the scheduled deadline for the submission of bids; that if the bidder’s bid is accepted by GEDA the bidder will enter into a formal contract with GEDA in accordance with the form contract included as part of this IFB and provide the required payment and performance bonds. In the event of the withdrawal of said bid within said ninety (90) day period or, in the event of the failure to enter into said contract and provide the required performance and payment bonds within fifteen (15) calendar days of acceptance of said bid, or such further time as may be allowed in writing by the Administrator of GEDA, the bidder shall be liable to GEDA for the full amount of the bid security as representing the damage to GEDA for the delay and additional work and costs caused thereby in obtaining another bidder, said amount being beforehand determined as reasonable and containing no penalties.

The bid security, if submitted in the form of a bid bond, shall be submitted on the form provided, signed by the bidder, two major officers of the Surety and the Resident General Agent, and shall be accompanied by a copy of a current Certificate of Authority for the Surety to do business in Guam issued by the Department of Revenue and Taxation, Power of Attorney issued by the Surety to the Resident General Agent, and Power of Attorney issued by two major officers of the Surety to whoever is signing on its behalf.

Bid guarantees, other than bid bonds, will be returned to:

a) unsuccessful bidders, as soon as practicable after the opening of bids, except for the second and third

lowest bidders.

b) the second and third lowest bidders, as soon as practicable after the successful bidder has executed

the required contract documents.

c) the successful bidder, upon satisfactory execution of such further contract documents, and satisfactory

and timely submission of the required performance and payment bonds.

3.7 PRE‐BID QUESTIONS AND CONFERENCE/TELECONFERENCE

3.7.1 Pre‐Bid Questions. Prospective bidders who have questions or require clarification or interpretation of any section of this IFB must address their questions in writing or via e‐mail to the single point of contact identified above, with a copy to Larry Toves at [email protected]. All questions must be received on or before the deadline set forth in the Schedule of Events. Each question must provide clear reference to the section, page, and item of this IFB in question. Questions received after the deadline may not be considered.

3.7.2 GEDA’s Answers. GEDA will provide an official written answer by the date set forth in the

Schedule of Events to all questions received by the stated due date. GEDA’s response will be by written addendum. No oral explanation regarding any aspect of this IFB will be made and no oral instructions will be


given before the award of the contract. Any other form of interpretation, correction, or change to this IFB will not be binding upon the GEDA. Any written addendum will be forwarded to all entities or individuals who have picked‐up an IFB and submitted an Acknowledgement of Receipt Form by the close of business on the date of issuance of GEDA’s answers. Prospective bidders must include the signed acknowledgment of receipt of all addenda with their bid submission.

3.7.3 Pre‐Bid Conference. A pre‐bid conference will be conducted on the date set forth in the Schedule

of Events to explain the requirements of this procurement prior to the submission of sealed bids or as otherwise permitted by the Guam Procurement Law and Regulations. Notice of any additional pre‐bid conference(s) will be provided to all entities or individuals who have received this IFB and submitted an Acknowledgement of Receipt Form. GEDA will notify all prospective bidders in writing via an addendum to this IFB of any substantive clarification provided in response to any inquiry raised during the pre‐bid conference.

3.8 MISTAKES IN BIDS

Mistakes in bids may be corrected or withdrawn in accordance with 2 GARR § 3109(m).

3.9 PRE‐OPENING MODIFICATION OR WITHDRAWAL OF BIDS

Bids may be modified or withdrawn by written notice received at the receptionist desk at GEDA prior to the time and date set for bid opening.

3.10 RECEIPT AND OPENING OF BIDS

Sealed bids in duplicate will be received at the receptionist desk of GEDA located at ITC Building, Suite 511, 590 South Marine Corps Drive, Tamuning, Guam until the Bid Submission Deadline set forth in the Schedule of Events. As specified in the Schedule of Events, all timely bids and modifications will be publicly opened and read aloud at the GEDA Conference Room located at ITC Building, Suite 511, 590 South Marine Corps Drive, Tamuning, Guam. Bids received after the Bid Submission Deadline will be returned to the bidder unopened.

Bids must be submitted on the forms furnished by GEDA and shall be enclosed in a sealed envelope addressed to the Single Point of Contact and marked on the outside with the name and address of the bidder, the number and name of the IFB, and the time, date, and place of bid opening.

Attention is called to the fact that bidders not only offer to assume the obligations and liabilities imposed upon the Contractor in the Contract, but bidders shall expressly make certain of the representations and warranties made therein. No effort is made to emphasize any particular provision of the contract, but bidders must familiarize themselves with every provision and its effect.

3.11 ADDITIONAL BIDDER RESPONSIBILITIES Bidders shall be responsible for having thoroughly ascertained pertinent conditions such as location, accessibility, availability of utilities, and general character of the site, the character and extent of existing work within or adjacent to the site, and any other work being performed.


3.12 RESPONSIBILITY AND COMPETENCY OF BIDDERS GEDA will determine whether a bidder has met the standards of responsibility. Bidders shall present satisfactory evidence that they have sufficient experience and are fully prepared with necessary capital, material, machinery, and skilled workmen and supervision staff to carry out the contract satisfactorily. Proof of certification and licensure, as required herein, shall also be presented for verification. Each bidder must also submit with its bid, a detailed project schedule that incorporates the milestones set forth in Section 4.II, and is therefore illustrative of how it intends to meet construction deadlines.

Accordingly, bidders must submit for review the information contained in the attached Bidder Qualification Statement (Attachment C). The Confidential Bidder Financial Statement (Attachment D) can be submitted in a sealed envelope within the sealed bid package if the bidder desires to keep the financial information confidential. GEDA reserves the right to investigate the information submitted, to secure and inspect the place of business, as is deemed necessary, and to obtain from bidders any information required to determine whether or not they are responsible, before a contract is awarded. GEDA reserves the right to disqualify any bidder if deemed in the best interest of GEDA and/or the Government. If a bidder is found non‐responsible, the determination must be in writing, made a part of the procurement file and mailed to the affected bidder.

3.13 GEDA NOT RESPONSIBLE FOR PREPARATION COSTS The costs for developing and delivering a bid in response to this IFB shall be at the sole cost and expense of the bidder. GEDA is not liable for any expense incurred by the bidder in the preparation, delivery, and/or presentation of its sealed bid or any other costs incurred by the offeror.

3.14 ALL TIMELY SUBMITTED MATERIALS BECOME GEDA PROPERTY All materials submitted in response to this IFB become the property of GEDA and may be appended to any formal documentation, which would further define or expand any contractual relationship between GEDA and bidder resulting from this IFB process.

3.15 REJECTION OF BIDS Any bid submitted in response to this IFB may be rejected in whole or in part when it is in the best interests of GEDA or the government of Guam in accordance with Guam Procurement Regulations § 3115(e).

3.16 NO LATE BIDS Bids must be received at the receptionist’s desk of GEDA by the Bid Submission Deadline set forth in the Schedule of Events. Email or facsimile bids will not be accepted. Regardless of cause, late bids will automatically be disqualified from further consideration. It shall be the bidder’s sole risk to assure delivery at the receptionist’s desk at the designated office by the designated time. Late bids will not be opened and may be returned to the bidder at the expense of the bidder or destroyed if requested.


3.17 METHOD OF AWARD

Bidding procedure involves Base Bid and Bid Options. The low bidder for purposes of award is the responsible bidder offering the lowest price for the Base Bid. If the total of the Base Bid items is within the amount of funds available to finance the project, the responsible bidder providing the lowest responsive Base Bid will be the successful bidder for purposes of the award. If GEDA wishes to exercise any of the Bid Options, GEDA will give the bidder submitting the lowest responsive and responsible Base Bid written notice of its intent within thirty (30) days after the Notice of Intent to Award.

3.18 CONTRACT

A fixed‐fee contract will be entered into between GEDA and the responsible bidder with the lowest responsive Base Bid as provided in this IFB. The proposed contract between GEDA and the Bidder is included as an attachment to this IFB. Any proposed changes to the contract should be submitted for consideration during the question and answer period; otherwise the successful bidder is expected to agree to all terms and conditions set forth in the proposed contract.

The Contractor shall commence work on the date specified in the Notice to Proceed, which is anticipated to be issued in the first quarter of 2016, and shall complete the work required under the contract. The work must be coordinated with DPW to arrange access to streets and coordinate construction schedules.

The bidder awarded a contract under this solicitation shall comply with the applicable standards, provisions, and stipulations of all pertinent Federal and/or local laws, rules, and regulations relative to the performance of the contract.

3.19 PERFORMANCE AND PAYMENT BONDS The successful offeror must deliver to GEDA the following bonds or security, within fifteen (15) days upon receipt of the Notice of Intent to Award, which shall become binding on the parties upon the execution of the contract: (1) a performance bond satisfactory to GEDA, executed by a surety company authorized to do business in Guam or otherwise secured in a manner satisfactory to GEDA, in an amount equal to one hundred percent (100%) of the price specified in the contract; and (2) a payment bond satisfactory to GEDA, executed by a surety company authorized to do business in Guam or otherwise secured in a manner satisfactory to GEDA, for the protection of all persons supplying labor and material to the Contractor or its subcontractors for the performance of the work provided for in the contract. The payment bond shall be in an amount equal to one hundred percent (100%) of the price specified in the contract. The performance and payment bonds shall be in the form required by the Procurement Law and Regulations.

3.20 LICENSING

Bidders must be licensed to do business on Guam at the time of bid submission. Bidders shall submit a copy of its and/or its subcontractors’ current Guam licenses authorizing it and/or its subcontractors to conduct business on Guam and provide the services solicited under this IFB, including, but not limited to, any required license(s) issued by the Guam Contractor’s License Board. Failure to submit all required licenses and certifications at the time of bid submission shall result in the bid being classified non‐responsive whereby the bidder will be disqualified.


3.21 REQUIRED AFFIDAVITS AND ASSURANCES Each offeror is required to submit the affidavits and assurances attached as Attachments F‐1 through F‐6. Failure to include said affidavits and assurances shall render a bid non‐responsive.

Disclosure of major shareholders per 5 G.C.A. § 5233 (Attachment F‐1). As a condition of this IFB, any partnership, sole proprietorship or corporation doing business with the government of Guam shall submit an affidavit executed under oath that lists the name and address of any person who has held more than ten percent (10%) of the outstanding interest or shares in said partnership, sole proprietorship or corporation at any time during the twelve (12) month period immediately preceding submission of a proposal. The affidavit shall contain the number of shares or the percentage of all assets of such partnership, sole proprietorship or corporation which have been held by each such person during the twelve (12) month period. In addition, the affidavit shall contain the name and address of any person who has received or is entitled to receive a commission, gratuity or other compensation for procuring or assisting in obtaining business related to this IFB for the offeror and shall also contain the amounts of any such commission, gratuity or other compensation. The affidavit shall be open and available to the public for inspection and copying.

Certification of Independent Price Determination per 2 GAR § 3126 (Attachment F‐2). By submitting

an offer, the offeror certifies that the price submitted was independently arrived at without collusion.

Representation Regarding Gratuities and Kickbacks per 5 G.C.A. § 5630 (Attachment F‐3). Gratuities. It shall be a breach of ethical standards for any person to offer, give or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract; or to any solicitation or proposal therefor. Kickbacks. It shall be a breach of ethical standards for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.

Prohibition against Contingent Fees per 2 GAR § 11108 (Attachment F‐4). It shall be a breach of ethical standards for a person to be retained, or to retain a person, to solicit or secure a government contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business.


Representation regarding Ethical Standards per 2 GAR § 11103 (Attachment F‐5). The bidder, offeror, or contractor represents that it has not knowingly influenced and promises that it will not knowingly influence a government employee to breach any of the ethical standards set forth in 5 GCA Chapter 5 Article 11 (Ethics in Public Contracting) of the Guam Procurement Act and in Chapter 11 of the Guam Procurement Regulations.

Wage Determination per 5 G.C.A. § 5801 (Attachment F‐6). In such cases where the government of

Guam enters into contractual arrangements with a sole proprietorship, a partnership or a corporation (‘contractor’) for the provision of a service to the government of Guam, and in such cases where the contractor employs a person(s) whose purpose, in whole or in part, is the direct delivery of service contracted by the government of Guam, then the contractor shall pay such employee(s) in accordance with the Wage Determination for Guam and the Northern Mariana Islands issued and promulgated by the U.S. Department of Labor for such labor as is employed in the direct delivery of contract deliverables to the government of Guam. The Wage Determination most recently issued by the U.S. Department of Labor at the time a contract is awarded to a contractor by the government of Guam shall be used to determine wages, which shall be paid to employees pursuant to this Article. Should any contract contain a renewal clause, then at the time of renewal adjustments, there shall be made stipulations contained in that contract for applying the Wage Determination, as required by this Article, so that the Wage Determination promulgated by the U.S. Department of Labor on a date most recent to the renewal date shall apply.

Benefits Determination per 5 G.C.A. § 5802 (Attachment F‐6). In addition to the Wage Determination

detailed in 5 G.C.A. Chapter 5, Article 13, any contract to which 5 G.C.A. Chapter 5, Article 13 applies shall also contain provisions mandating health and similar benefits for employees covered by 5 G.C.A. Chapter 5, Article 13, such benefits having a minimum value as detailed in the Wage Determination issued and promulgated by the U.S. Department of Labor, and shall contain provisions guaranteeing a minimum of ten (10) paid holidays per annum per employee.

3.22 PROHIBITION AGAINST EMPLOYMENT OF SEX OFFENDERS

Pursuant to 5 G.C.A. § 5253, (a) No person convicted of a sex offense under the provisions of Chapter 25 of Title 9 Guam Code Annotated, or an offense as defined in Article 2 of Chapter 28, Title 9 GCA in Guam, or an offense in any jurisdiction which includes, at a minimum, all of the elements of said offenses, or who is listed on the Sex Offender Registry, and who is employed by a business contracted to perform services for an agency or instrumentality of the government of Guam, shall work for his employer on the property of the government of Guam other than a public highway.


(b) All contracts for services to agencies listed herein shall include the following provisions: (1) warranties that no person providing services on behalf of the contractor has been convicted of a sex offense under the provisions of Chapter 25 of Title 9 GCA or an offense as defined in Article 2 of Chapter 28, Title 9 GCA, or an offense in another jurisdiction with, at a minimum, the same elements as such offenses, or who is listed on the Sex Offender Registry; and (2) that if any person providing services on behalf of the contractor is convicted of a sex offense under the provisions of Chapter 25 of Title 9 GCA or an offense as defined in Article 2 of Chapter 28, Title 9 GCA or an offense in another jurisdiction with, at a minimum, the same elements as such offenses, or who is listed on the Sex Offender Registry, that such person will be immediately removed from working at said agency and that the administrator of said agency be informed of such within twenty‐four (24) hours of such conviction.

3.23 APPRENTICE TRAINING PROGRAM

Pursuant to Executive Order No. 2012‐04, the Contractor shall employ at least one (1) apprentice for every ten (10) workers for the duration of the project, and not less than one (1) apprentice for the project. This requirement may be waived only if GEDA certifies that no apprentice is available.

Apprentices employed by the Contractor shall meet the eligibility requirements of Executive Order No. 2012‐ 04.

In lieu of persons enrolled in a formal apprenticeship program, GEDA may authorize the Contractor to employ individuals who will be supervised and engaged in on‐the‐job (OTJ) training. The number of OTJ apprentices employed in lieu of a single formal apprentice shall be determined by GEDA depending on the nature and size of the particular project.

3.24 BID SAMPLES AND DESCRIPTIVE LITERATURE Bid samples or descriptive literature should not be submitted unless expressly requested herein. Regardless of any attempt by a bidder to condition the bid, unsolicited bid samples or descriptive literature that are submitted at the bidder’s risk will not be examined or tested and will not be deemed to vary any of the provisions of this IFB.

3.25 MINIMUM WAGES

All persons employed on this project shall be paid not less than the minimum wage applicable to the corresponding skill or craft as determined by the Department of Labor, Government of Guam.


3.26 SUBCONTRACTORS

All subcontractors are subject to the approval of GEDA. All subcontractors must be listed in the attached Designation of Subcontractor form. The bidder awarded the contract under this IFB shall be responsible to GEDA for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly or indirectly by the winning bidder. Copies of all subcontractor contracts must be submitted to GEDA within fifteen (15) calendar days from contract signing. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this IFB shall create any contractual relationships between any subcontractor and GEDA.

3.27 TAXES Bidders are cautioned that they are subject to Guam Business Privilege Taxes and Guam Income Taxes. Specific information regarding taxes may be obtained from the Department of Revenue and Taxation.

3.28 INSURANCE

The Bidder shall secure Insurance for the entire project. The Bidder shall secure all insurance required by Guam law and such insurance as is set forth in the form contract. The Contractor shall not allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Approval of the insurance by GEDA shall not relieve or decrease the liability of the Contractor.

3.29 CLASSIFICATION OF BIDS AS RESPONSIVE OR NON‐RESPONSIVE All bids will initially be classified as either “responsive” or “non‐responsive”. If a proposal is found to be non‐ responsive, it will not be considered further.

3.30 FAILURE TO COMPLY WITH INSTRUCTIONS GEDA may deem non‐responsive and/or may disqualify from further consideration any bids that do not follow the IFB instructions, are difficult to understand, are difficult to read, or are missing any requested information. 3.31 GEDA’S RIGHTS RESERVED While GEDA has every intention to award a contract as a result of this IFB, issuance of the IFB in no way constitutes a commitment by GEDA to award and execute a contract. Upon a determination such actions would be in its best interest of GEDA or the best interest of the Government, GEDA, in its sole discretion, reserves the right to:

Cancel or terminate this IFB in accordance with law and regulation;

Reject any or all bids received in response to this IFB in the best interests of GEDA and Guam;

Waive any undesirable, inconsequential, or inconsistent provisions of this IFB which would not have significant impact on any proposal;


Waive any minor informalities in the bids received, or have them corrected by the bidder in accordance with applicable regulations;

Not award if it is in the best interest of GEDA and/or the Government not to proceed with contract execution; or

If awarded, terminate any contract if GEDA determines adequate funds are not available.

3.32 NONDISCLOSURE OF DATA In accordance with Guam Procurement Regulations § 3109(l)(3), bidders may identify trade secrets and other proprietary data contained in their bids. GEDA shall examine the bids to determine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. If the parties do not agree as to the disclosure of data, GEDA shall inform the bidder in writing what portion of the bid will be disclosed and that, unless the bidder withdraws the proposal or protests under 5 G.C.A. Chapter 5 Article 9 the bid will be so disclosed.

3.33 DEBARMENT The offeror certifies, by submitting its bid, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. If a bidder cannot certify this statement, include a written explanation for review by GEDA.


SECTION 4: PROJECT SCOPE

I. OVERVIEW

The bidder awarded the contract under this IFB (“Contractor”) shall complete the construction of improvements to the pedestrian crosswalks at the DFS Galleria Intersection in Tumon. Details are provided in the project drawings.

The Project Scope is detailed in the Technical Documents included as part of this IFB. The Technical Documents are comprised of the following items:

a. Drawings titled CROSSWALKS AT THE DFS GALLERIA INTERSECTION, TUMON prepared by Lyon

Associates, Inc., 137 Murray Blvd, Suite 203, Hagåtña, Guam and dated October 29, 2015.

b. Drawings titled CROSSWALKS AT THE CHAMORRO VILLAGE, HAGATNA prepared by Parsons Brinckerhoff, Inc., 590 South Marine Corps Drive, Suite 421, Tamuning, Guam and dated November 20, 2015.

c. Technical Specifications for CROSSWALKS AT THE DFS GALLERIA INTERSECTION, TUMON prepared by Lyon Associates, Inc., 137 Murray Blvd, Suite 203, Hagåtña, Guam and dated December 7, 2015.

II. PROJECT SCHEDULE

Maintaining the schedule for the successful completion of the Project is critical. Bidders shall include in their bid submission a detailed project schedule that incorporates the following milestones and is therefore illustrative of how they intend to meet construction deadlines. It is anticipated that the Notice to Proceed will be issued in the first quarter of 2016. NOTE: The following is subject to change.

MILESTONE: DEADLINE:

Project Start Upon NTP

Submission of Contractor’s Schedule and Submittals as required by Project Documents NTP + 7 Calendar Days

Permits Obtained NTP + 30 Calendar Days

Construction Start NTP + 35 Calendar Days

Completion of Chamorro Village Crosswalk Work NTP + 60 Calendar Days

Substantial Completion Crosswalks at DFS Galleria Intersection, Tumon

NTP + 110 Calendar Days

Approved Inspection by Permitting Authorities NTP + 115 Calendar Days

Punch List Completion NTP + 120 Calendar Days

Close‐Out Documentation Complete Twenty (20) working days after Punch List Completion

The above is a tentative schedule that may be modified by a “final” schedule to be issued by GEDA.

Adjustments based on the “final” schedule may affect the Bidder’s schedule.

III.

Quacomfor

Quaaccincl

IV.

The

CUL

A.

B.

C.

D.

Constru

QUALITY

ality contrommunicationquality cont

Func

Conexceplan

Com

ality contruracy, compude a descr

PERMIT

e Bidder is to

LTURAL RESO

The Contr

provides f

(hereinaft

laws and r

The Contr

Objects an

Prehistoric

and adher

required.

The Contr

authorized

GEDA prio

Monitorin

Preservati

with Guam

The Contr

potential c

following

uction of Cro

Y CONTROL

ol is the rens between trol that mu

ctionality – o

struction – eellent detailins and specif

mpliance with

rol is achpleteness, ciption of the

TTING AND C

o process, ob

OURCES

ractor’s atte

for the pres

er called “c

regulations r

ractor shall c

nd Sites. Spe

c and Histor

rence to ap

ractor shall

d in Guam.

or to the s

g, Discovery

ion Office r

m law.

ractor is dir

cultural reso

procedures

osswalks at t

sponsibility GEDA, the st be addres

operational

ensuring comng. The Confications.

h the Techni

hieved thronsistency eir quality co

LEARANCES

btain and pa

ntion is dire

servation of

cultural reso

required by t

conform to

ecific attenti

ric Remains

pplicable law

provide al

The Contrac

start of con

y and Data R

equirement

rected to c

ources are d

shall be inst

he DFS Galle

of the BidPMO, the Cssed by the B

efficiency an

mpleteness otractor shall

ical Docume

ough a wand timelinontrol progra

ay for all per

ected to 21G

potential h

ources”). Exp

this contract

the applicab

ion is directe

or Objects o

ws of Guam

l necessary

ctor shall co

nstruction o

Recovery Pla

s; and perfo

onsult with

discovered d

tituted:

eria Intersec

dder. QuaConstruction Bidder are:

nd maintaina

of the constrl construct t

ents and app

well‐definedess of all iam with the

mits and cle

GCA Real Pro

historical arc

penses asso

t will be bor

ble requirem

ed to Sectio

on Governm

as they rel

archaeolog

onsult with t

n this proje

an (AMDDRP

orm monito

the Archeo

uring subsu

ction, Tumon

ality controlManager, a

ability of the

ruction, apphe Project in

plicable build

d quality nformation,ir bid.

arances, as

operty, CH. 7

chitectural,

ociated with

rne by the Co

ments of 21

ns 76112 an

ent Land an

ate to the

gical service

the Guam S

ect; comply

P) prepared

oring during

ologist prio

rface excava

n and the Ch

is a teamand the Bidd

e facility/site

propriately un accordance

ding codes.

control p, data and

applicable.

76 Historica

archaeologi

h compliance

ontractor.

GCA Real Pr

nd 76203. Ex

nd Private La

preservation

es through

tate Historic

y with the

by GEDA pe

g constructio

r to excava

ations at the

GEDhamorro Villa

m effort reqder. The pr

e.

used materiae with the d

process thdetails. B

al Objects an

cal, or cultu

e with cultu

roperty, CH

xcavation an

ands may be

n of cultura

an archaeo

c Preservati

approved A

r the Guam

on to ensur

ation work.

e site of con

DA IFB 15‐003age, Hagatna

quiring clearimary areas

als and esign,

at ensuresBidders mus

nd Sites whic

ural resourc

ural resourc

. 76 Historic

nd Removal

e encountere

al resources

ologist that

on Office an

Archaeologic

State Histor

re complian

In the eve

nstruction, th

3a9

r s

s t

ch

es

es

cal

of

ed

is

is

nd

cal

ric

ce

nt

he

E.

V. Thecomby G VI.

All s

VII.

Theto tobt All GuaTra

VIII

Thegensubwo

Constru

1. The C

resou

repre

2. The C

and m

3. The C

result

Route 1 a

significant

Chamorro

in this are

AS‐BUIL

e Bidder shmplete set oGEDA.

SUBCON

sub‐contract

CODES,

e Bidder willthe work. Altained by the

materials anam Departmnsmission &

. SAFETY

e Bidder shneral descripbcontractorsork.

uction of Cro

Contractor s

rces find

sentative.

Contractor’s

make recomm

Contractor s

ting from the

adjacent to

t historical o

o Village in a

a.

LT DOCUMEN

all be respof record dra

NTRACTORS

tors/sub‐con

STANDARDS

l abide by all permits, ve Bidder at it

nd work perment of Pub& Distribution

PROGRAM

hall provide ption of thes must be t

osswalks at t

shall cease

and notify

archaeologis

mendations

hall comply

e discovery o

the Chamo

objects are l

ccordance w

NTATION

onsible for awings with

nsultants mu

S, AND GOVE

all building, isas, certificts own cost.

rformed on lic Works (Dn Poles Spec

a safety pe safety protrained in t

he DFS Galle

all construc

the Guam

st shall asse

to the Guam

with the re

of cultural re

rro Village,

likely to occ

with the app

maintainingall field chan

ust be listed

ERNMENTAL

electrical acations and a

Route 1 in DPW) Standcifications.

program appgram mustthe requirem

eria Intersec

ction operat

m Economi

ss the value

m State Histo

equirements

esources at t

in Hagåtña

cur. The Co

proved AMD

g as‐built dnges recorde

in the Desig

L REGULATIO

nd safety coauthorizatio

the vicinity ard Drawing

propriate fobe providedments of th

ction, Tumon

tions at the

c Developm

of these po

oric Preserva

s of the Gua

the construc

has been d

ntractor sha

DRP. See th

rawings. Thed and inco

gnation of Su

ONS

odes and aons required

of Chamorrgs, and GPA

or the Projed with the bhe safety pr

n and the Ch

e location o

ment Autho

otential cultu

ation Office.

am State His

ction site.

determined

all perform

he Plans for

he bidder srporated in

ubcontracto

ll applicabled for executi

ro Village shA standard s

ect prior tobid. The Birogram prio

GEDhamorro Villa

of such pote

ority or it

ural resource

.

storic Prese

to be a sit

all work in t

other work

hall deliver a CAD form

ors form.

e legislationion of the w

hall be in acspecification

o work comidder, its emor to comm

DA IFB 15‐003age, Hagatna

ential cultur

s designate

es and consu

rvation Offi

e area whe

the vicinity

requiremen

to GEDA amat approved

with regardwork shall be

ccordance ton No. E‐035

mmencing. mployees anmencement o

3a0

ral

ed

ult

ce

re

of

nts

a d

d e

o :

A nd of


IX. COORDINATION OF THE WORK

The Bidder shall designate a single point of contact to act as a liaison with GEDA and the PMO. The Bidder shall review the Technical Documents for the Project. Project tracking is to be accomplished utilizing scheduling software acceptable to GEDA. Weekly status meetings shall be conducted with the Construction Manager and GEDA to update project status, discuss open issues and review potential change orders. Participation in these meetings by the Bidder is mandatory.

X. RESERVED XI. JOBSITE CRITERIA AND REQUIREMENTS a. The Bidder shall provide dimensioned layout drawings for the purpose of precisely locating all work to be performed. b. The Bidder’s employees, including any subcontractor personnel, shall have completed all specified jobsite safety training prescribed herein, with verification by the Construction Manager, prior to being granted access to the project site and facility.


ATTACHMENT A: BID FORM

Instructions

1. This bid price proposal in duplicate shall be submitted to the Guam Economic Development Authority located at:

ITC Building Suite 511 590 South Marine Corps Drive Tamuning, Guam

During normal business hours and no later than the Bid Submission Deadline set forth in the Schedule of Events. Bids will be publicly opened on the Bid Opening date.

2. This bid price proposal shall be submitted in a sealed envelope marked with the bidder's name, IFB

number and name, and the time, date and place of bid opening.

3. Bidders are required to bid on all items in the Bid Schedules. Failure to bid on all items in the Bid

Schedules may result in rejection of the Bid as non‐responsive.

4. Included in the bid price proposal envelope shall be the bid security as referenced and required in this IFB.

5. If the bids are for the same total amount, the Guam Economic Development Authority Administrator has

the authority to award the bid to any one of the bidders by drawing lots in public.

6. Bidders are reminded that the bid form must be completed entirely in ink and to include both written and

numeric bid price which must be identical. In the event that there is a difference, the written bid price will control over the numeric bid price.


GUAM ECONOMIC DEVELOPMENT AUTHORITY INVITATION FOR BID NO. 15‐003

FOR THE CONSTRUCTION OF CROSSWALKS AT THE DFS GALLERIA INTERSECTION, TUMON AND THE

CHAMORRO VILLAGE, HAGATNA

BID

To: Administrator Guam Economic Development Authority

Dear Sir:

The undersigned (hereinafter called the “Bidder” or “the undersigned”) hereby proposes and agrees to furnish all necessary labor, materials, supervision, facilities, equipment, tools, services, cost and expenses required for the FOR THE CONSTRUCTION OF CROSSWALKS AT THE DFS GALLERIA INTERSECTION, TUMON AND THE CHAMORRO VILLAGE, HAGATNA, as called for in Guam Economic Development Authority’s (“GEDA”) Invitation For Bid No. 15‐003 (the “IFB”), all in accordance with the technical documents prepared for GEDA by Lyon Associates, Inc., and Par sons Br inckerhof f , Inc . , and other contract documents for the total firm fixed (lump sum) bid price of:

TOTAL BASE BID AMOUNT

United States Dollars (Base Bid Amount in words)

($ ),

plus any and all sums to be added and/or deducted resulting from all extra and/or omitted work in accordance with the firm fixed (lump sum) prices stated in the Bid Options that follow.


BID SCHEDULE

Bidder will complete the work for the following price(s):

BASE BID

The Base Bid shall include all work for the DFS Galleria Intersection, Tumon and the Chamorro Village, Hagatna in accordance with the Technical Specifications and Drawings T‐01, C‐01, C‐02, C‐03, C‐04, C‐05, C‐06, C‐07, C‐08, E‐01, E‐02, E‐03 and P‐01.

Bid Item Description Bid Amount

01 General Conditions – Crosswalks at DFS Galleria Intersections, Tumon

$

02 General Construction ‐ Crosswalks at DFS Galleria Intersections, Tumon

$

03 Electrical Construction – Crosswalks at DFS Galleria Intersections, Tumon

$

04 General Conditions – Chamorro Village Crosswalk, Hagatna

$

05 Construction ‐ Chamorro Village, Hagatna

$

TOTAL BASE BID AMOUNT: $

(Write Total Base Bid Amount in Words)

OPTION NO. 1

The OPTION NO. 1 Bid shall include all work for the DFS Galleria Intersection, Tumon in accordance with the Technical Specifications and Drawings, including the work “By Others” on Drawing C‐02, @ Location 3.

Bid Item Description Bid Amount

06 Demolish and Remove Existing Wall by others

$


07 Demolish & Remove Existing Curb Ramp with Railings and Provide New Planters by others

$

TOTAL OPTION NO. 1 BID AMOUNT: $

(Write Total Base Bid Amount in Words)


Bid Price(s) above shall include gross receipt taxes.

The Bid Security, enclosed, without endorsement, in the sum of not less than fifteen percent (15%) of the total Base Bid Amount, is furnished to GEDA as a guarantee that the bidder shall not withdraw its bid for a period of ninety (90) calendar days after the scheduled deadline for the submission of bids; that if the bidder’s bid is accepted by GEDA, the bidder will enter into a formal contract with GEDA in accordance with the form contract included as part of the IFB and provide the required payment and performance bonds. In the event of the withdrawal of said bid within said ninety (90) day period or, in the event of the failure to enter into said contract and provide the required performance and payment bonds within fifteen (15) calendar days of receipt of notice of acceptance of said bid, or such further time as may be allowed in writing by the Administrator of GEDA, the bidder shall be liable to GEDA for the full amount of the bid security as representing the damage to GEDA for the delay and additional work and costs caused thereby in obtaining another bidder, said amount being beforehand determined as reasonable and containing no penalties.

The undersigned declares that it has carefully and thoroughly examined the location of and conditions at the site of the proposed work, the drawings, specifications and other contract documents and is familiar with the nature and extent of the work that is to be performed.

If written notice of the acceptance of this bid or a Notice of Intent to Award is mailed, telegraphed or delivered to the undersigned within ninety (90) calendar days after the scheduled deadline for the submission of bids, the undersigned agrees to execute the form of agreement (formal contract), and to furnish a performance bond and a payment bond each in an amount equal to one hundred percent (100%) of the contract amount within fifteen (15) calendar days after receipt of such notice, or such further time as may be allowed in writing by the Administrator of GEDA.

If awarded the contract, the undersigned agrees to complete specific items of work at dates as stated in the contract and the entire work within the specified calendar days of the commencement of the contract time as defined in the contract documents.

The undersigned understands that GEDA reserves the right to reject any or all bids or to waive any informality or technicality in any bid in the interest of GEDA and/or the government of Guam.

The undersigned hereby acknowledges receipt of the following addenda (insert number and date of each):

ADDENDUM NO. DATE

The undersigned certifies, by submission of this bid or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily


excluded from participation in this transaction by any local or federal department or agency. It further agrees by submitting this bid that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts, if any. If the undersigned or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this bid.

By signing this bid, the undersigned represents that it has not violated, is not violating, and promises that it will not violate the prohibition against gratuities and kickbacks set forth in 5 G.C.A. § 5630 (Gratuities and Kickbacks) of the Guam Procurement Law.

By signing this bid, the undersigned represents that it has not knowingly influenced, and promises that it will not knowingly influence, a government employee to breach any of the ethical standards set forth in Article 11 (Ethics in Public Contracting) of the Guam Procurement Law and in Chapter 11 of Division 4 of Title 2 of Guam Administrative Rules and Regulations.

The undersigned warrants that it has not employed any person to solicit or secure this contract upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give GEDA the right to terminate the contract or, as consideration, deduct the amount of such commission, percentage brokerage or contingent fee from the contract price. This warranty shall not apply to commissions payable by contractors upon or sales secured or made through bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business.

The undersigned certifies that the price in the bid was derived at without collusion, and acknowledges that collusion and anti‐competitive practices are prohibited by law. Violations will be subject to the provisions of the Guam Procurement Law and Regulations. Other existing civil, criminal or administrative remedies are not impaired and may be in addition to the remedies in the Government Procurement Law and Regulations.

The undersigned shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The undersigned will take affirmative action to ensure that employees are treated equally during employment without regards to their race, color, religion, sex, or national origin.

RESPECTFULLY SUBMITTED: (type & sign in ink)

Date:

Name of Bidder:

By:

Name:

Title:

NOTE: If bidder is a CORPORATION OR LIMITED LIABILITY COMPANY, the legal name of the corporation or LLC shall be set forth above, together with the signature(s) of the officer(s) authorized to sign contracts on behalf of the corporation/LLC. Please attach to this page evidence of the authority of the officer(s) to sign on behalf


of the corporation/LLC. If Bidder is PARTNERSHIP, the true name of the firm shall be set forth above, together with the signature(s) of the partner(s) authorized to sign on behalf of the partnership. If bidder is an INDIVIDUAL, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation/LLC or member of a partnership, a POWER OF ATTORNEY must be on file with GEDA prior to the opening of the bid or submitted with the bid; otherwise, the bid may be rejected as irregular and unauthorized.

Business Address:

Physical Address:

Business Telephone:

If your firm receives a contract as a result of this Solicitation, please designate a person whom we may contact for prompt administration.

Name:

Title:

Address:

Telephone:

Email:

Facsimile:


ATTACHMENT B: BID BOND

Notice to all bidders

1. If bidder elects to provide its bid security in the form of a bid bond, the form on the following page

must be executed and returned in the sealed envelope containing the price bid.

2. A bid bond, submitted as bid security, without signatures and supporting documents is invalid and the

accompanying price bid will be rejected.

Notice to all Insurance and Bonding Institutions

1. This Bid Bond requires the signatures of the bidder, two (2) major officers of the Surety, and Resident

General Agent.

2. When the form is submitted it should be accompanied with copies of all of the following:

a. Current Certificate of Authority to do business on Guam issued by the Department of Revenue

and Taxation;

b. Power of Attorney issued by the Surety to the Resident General Agent; and

c. Power of Attorney issued by two (2) major officers of the Surety to whoever is signing on their

behalf.

Bid Bond form follows


BID BOND

KNOW ALL MEN BY THESE PRESENTS that , as Principal

(bidder), hereinafter called “Principal,” and , as Surety

(Bonding Company), duly authorized to transact business on Guam, hereinafter called “Surety,” are held firmly

bound unto the Guam Economic Development Authority for the sum of

Dollars (US $ ), for the

payment of which sum will and truly be made, we, the said Principal and Surety, bind ourselves, our heirs,

executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has submitted a price bid for GUAM ECONOMIC DEVELOPMENT AUTHORITY’S (“GEDA”) INVITATION FOR BID NO. 15‐003 FOR THE CONSTRUCTION OF CROSSWALKS AT THE DFS GALLERIA INTERSECTION, TUMON AND THE CHAMORRO VILLAGE, HAGATNA (the “IFB”).

NOW, THEREFORE, if GEDA shall accept the bid of Principal, and Principal shall not withdraw said bid within

ninety (90) calendar days after the scheduled deadline for the submission of bids and, Principal shall, within

fifteen (15) calendar days of receipt of notice of acceptance of said bid, or such further time as may be allowed

in writing by the Administrator of GEDA, enter into a contract with GEDA and/or the Government of Guam in

accordance with the terms of such bid and the form contract included as part of the IFB, and give such bond or

bonds as may be specified in the IFB or contract documents with good and sufficient surety for the faithful

performance of such contract and for the prompt payment of labor and materials furnished in the prosecution

thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the

Principal shall pay to GEDA the difference not to exceed the penalty hereof between the amounts specified in

said bid and such larger amount for which GEDA may in good faith contract with another party to perform

work covered by said bid or an appropriate liquidated amount as specified in the IFB then this obligation shall

be null and void, otherwise to remain in full force and effect.

[Rest of this page left intentionally blank. Signatures follow.]


Signed and sealed this day of , 2015.

PRINCIPAL: Witness:

By:

Name: Name: Title: Title:

MAJOR OFFICER OF SURETY

By:

Witness: MAJOR OFFICER OF SURETY


RESIDENTIAL GENERAL AGENT By:

Name:

Title:

[Signature Page for Bid Bond]


ATTACHMENT C: BIDDER QUALIFICATION STATEMENT

Bidders must submit this Bidder Qualification Statement with their sealed bids. Failure to do so will result in the bidder being determined non‐responsive whereby the bidder will be disqualified. 1. Bidder Information

Name of Bidder: Address:

Point of Contact: Name:

Address: Email:

Phone No: Fax No:

2. Company Overview

Type of firm: State whether offeror is a corporation, partnership, sole proprietorship, joint venture, etc. Provide a certificate of good standing from the state or territory of formation. Year firm established: Indicate the number of years bidder has been in business under its present business name:

Other firm names. Indicate all other names by which offeror has been known and the length of time known by each name:

Participating branch offices. If applicable, state the branch offices that will participate in the conduct of any services provided (office name and address). If not applicable, please so


indicate:

Number of Employees. Indicate the number of full‐ time personnel employed by the bidder in the last twelve (12) months:

3. Qualifications of Offeror

Client list and work. Bidders must provide the following information regarding representative work for other clients. . Information provided on representative work should reflect completed projects of similar size and scope to this IFB. Bidders may provide no more than five (5) supporting images (each labeled per Project ID for appropriate identification) for each of the current projects in progress and/or projects completed within the last three to five years.

Project ID 01 Name of Project

Owner

Project Commencement Date

Project Completion Date

Location

Project Scope

Your Role (Prime or Subcontractor)

Value of Your Contract Amount



Owner



Location

Project Scope




Owner



Location

Project Scope





Owner



Location

Project Scope




Owner



Location

Project Scope



Project Manager. The Project Manager will be the primary point of contact for the services provided under the contract. The Project Manager shall possess the following qualifications: hands‐on management skills, strong leadership skills, great interpersonal skills, demonstrated full‐time experience as a project manager on projects of similar size and scope; demonstrated technical competency on construction techniques; superb aptitude for teamwork; ability to manage and work with multi‐disciplinary teams; outstanding communication skills, oral and written; excellent organization skills; excellent record keeping ability; demonstrated ability to adhere to project budget; demonstrated ability to adhere to project schedule.

a. Identify the proposed Project Manager:

i. Provide his/her resume with the sealed bid

GEDA IFB 15‐003Construction of Crosswalks at the DDFS Galleria Intersection, Tumon and the Chamorro Village, HagatnaPage

36

ii. Explain why this person has been selected as Project Manager. Information provided should substantiate the required qualifications delineated above.

b. Identify the Site Superintendent: i. Provide his/her resume with the sealed bid

c. Identify the Safety Officer for this project:

i. Provide his/her resume with the sealed bid

Key Personnel. Provide the name(s), resumes, and the role of each key personnel assigned to perform the services under this IFB. Present an organizational chart identifying the relationships and duties of both the corporate staff and all proposed management and staff to be assigned to assist with the services under this IFB.

Name Role


37

Name Role

4. References

Bidder shall provide a minimum of three (3) references, to include references to which offeror has provided services similar to those solicited in this IFB. The references may include government agencies to whom the offeror, preferably within the last 5 years, has provided services. These references may be contacted to verify offeror’s ability to perform the contract. GEDA reserves the right to use any information or additional references deemed necessary to establish the ability of the offeror to perform the conditions of the contract. Negative references may result in the bidder being determined non‐responsible whereby the bidder will be disqualified.

Reference Name Contact Person Name,

phone number, email address

Description of services provided/date servicesprovided/statement whether project was completed within budget and on schedule/total value of the contract/percentage of change orders


38

Reference Name Contact Person Name,phone number, email address

Description of services provided/date servicesprovided/statement whether project was completed within budget and on schedule/total value of the contract/percentage of change orders


39

5. Qualification to do Business

Bidders must be licensed to do business on Guam at the time of bid submission. Bidders shall submit a copy of its and/or its subcontractors’ current Guam licenses authorizing it and/or its subcontractors to conduct business on Guam and provide the services solicited under this IFB, including, but not limited to, any required license(s) issued by the Guam Contractor’s License Board. Failure to submit all required licenses and certifications at the time of bid submission shall result in the bid being classified non‐responsive whereby the bidder will be disqualified.

Types of Licenses. Indicate the types of Guam Contractor’s licenses held by bidder:

[ ] A [ ] B [ ] C [ ] Other (please specify)

Types of Licenses. Indicate the types of PEALS Certificate of Authorizations (COAs) held by bidder:

[ ] Architectural [ ] Electrical [ ] Structural [ ] Civil [ ] Geotechnical [ ] Other (please specify)

6. Other matters

Affirmative Action. Have you (bidder) established and implemented an Affirmative Action Plan for equal employment opportunities?

[ ] Yes [ ] No

Conflicts of Interest. Do you have any current or historical engagement or relationships with any public or private party that could potentially create a conflict of interest with GEDA, the Government of Guam or any of its agencies or instrumentalities?

[ ] Yes [ ] No

If yes, please provide further explanation on a separate sheet.

Contracts. Have you at any time failed to complete a contract?

[ ] Yes [ ] No



40

Lawsuits. Are there any judgments, claims, or suits pending or outstanding against you?

[ ] Yes [ ] No


Bidder is submitting the information requested with the understanding that it is for GEDA’s use only to assist in determining whether the bidder is a responsible bidder and qualified to perform the type and magnitude of the work solicited. All references named herein, or any other person, firm, or corporation with whom bidder has done business, or who has extended credit to bidder, is hereby authorized to furnish to GEDA any information GEDA may request concerning bidder, including, but not limited to, information concerning performance on previous work or credit standing. Bidder hereby releases any and all such parties from any legal responsibility of having furnished such information to GEDA.

I declare under penalty of perjury that the foregoing information is true and correct to the best of my knowledge and belief.

Bidder Name:

By:

Name: Title:

Date:


41

ATTACHMENT D: BIDDER FINANCIAL STATEMENT

Bidders must submit this Financial Statement covering their most recently completed full fiscal year with their sealed bids. Failure to do so will result in the bidder being determined non‐responsive whereby the bidder will be disqualified. Bidders may designate this statement as confidential.

Name of Bidder:

Current Assets $ Fixed Assets (Depreciated) $Other Assets $

TOTAL ASSETS $

Current Liabilities $ Long Term Liabilities $

TOTAL LIABILITIES $

NET WORTH $

Prepared by (Name and Title): I declare under penalty of perjury that the foregoing is true and correct to the best of my information and belief.

Bidder Name: By: Name: Title: Date:


42

ATTACHMENT E: DESIGNATION OF SUBCONTRACTORS

The following are the names of each subcontractor who will perform work or labor or render service to the bidder under this IFB.

Name Address/Phone No. Project Work to be

Performed Guam License Type

and No. Value of

Subcontracted Work

7. Qualifications of Subcontractors

Client list and work. Bidders must provide the following information for their subcontractors’ representative work. Information provided on subcontractors’ representative work should reflect projects completed that are of similar size and scope to this IFB. Bidders may provide no more than five (5) supporting images (each labeled per Project ID for appropriate identification) for each of the current projects in progress and/or projects completed within the last three to five years.

Project ID and Subcontractor Name

Sub‐01

Name of Project

Owner



Location

Project Scope

Subcontractors’ Role


43

on this project (Prime or Subcontractor)


Project ID Sub‐02

Name of Project

Owner



Location

Project Scope

Subcontractors’ Role on this project (Prime or Subcontractor)


Project ID Sub‐03 Name of Project

Owner



Location

Project Scope




44


Owner



Location

Project Scope




Owner



Location

Project Scope




45

ATTACHMENT F‐1: MAJOR SHAREHOLDERS DISCLOSURE AFFIDAVIT

CITY OF ) ) ss.

) [state]

A. I, the undersigned, being first duly sworn, depose and say that I am an authorized representative of the offeror and that [please check only one]:

[ ] The offeror is an individual or sole proprietor and owns the entire (100%) interest in the offering business.

[ ] The offeror is a corporation, partnership, joint venture, or association known as [please state

name of offeror company], and the persons, companies, partners, or joint venturers who have

held more than 10% of the shares or interest in the offering business during the 365 days

immediately preceding the submission date of the proposal are as follows [if none, please so

state]:

Name Address % of Interest

B. Further, I say that the persons who have received or are entitled to receive a commission, gratuity or other compensation for procuring or assisting in obtaining business related to the bid or proposal for which this affidavit is submitted are as follows [if none, please so state]:

Name Address Compensation

C. If the ownership of the offering business should change between the time this affidavit is made and the time an award is made or a contract is entered into, then I promise personally to update the disclosure required by 5 GCA §5233 by delivering another affidavit to the government.

Subscribed and sworn to before me this day of , 2015

Signature of one of the following: Offeror, if the offeror is an individual: Partner, if the offeror is a partnership; Officer, if the offeror is a corporation.

NOTARY PUBLIC My commission expires:


46

ATTACHMENT F‐2: NON‐COLLUSION AFFIDAVIT

CITY OF ) ) ss.

) [state]

[state name of affiant signing below], being first duly sworn,

deposes and says that:

1. The name of the offering company or individual is [state name of company]

.

2. The proposal for the solicitation identified above is genuine and not collusive or a sham. The

offeror has not colluded, conspired, connived or agreed, directly or indirectly, with any other offeror or person, to put in a sham proposal or to refrain from making an offer. The offeror has not in any manner, directly or indirectly, sought by an agreement or collusion, or communication or conference, with any person to fix the proposal price of offeror or of any other offeror, or to fix any overhead, profit or cost element of said proposal price, or of that of any other offeror, or to secure any advantage against the government of Guam or any other offeror, or to secure any advantage against the government of Guam or any person interested in the proposed contract. All statements in this affidavit and in the proposal are true to the best of the knowledge of the undersigned. This statement is made pursuant to 2 GAR Division 4 § 3126(b).

3. I make this statement on behalf of myself as a representative of the offeror, and on behalf of

the offeror’s officers, representatives, agents, subcontractors, and employees.

Signature of one of the following:

Offeror, if the offeror is an individual Partner, if the offeror is a partnership: Officer, if the offeror is a corporation.




47

ATTACHMENT F‐3: NON‐GRATUITY AFFIDAVIT

CITY OF ) ) ss.

) [state]

1. The name of the offering firm or individual is [state name of offeror]

. Affiant is [state one of the following: the offeror, a partner of the offeror, an officer of the offeror] making the foregoing identified bid or proposal.

2. To the best of affiant’s knowledge, neither affiant, nor any of the offeror’s officers,

representatives, agents, subcontractors, or employees have violated, are violating the prohibition against gratuities and kickbacks set forth in 2 GAR Division 4 § 11107(e). Further, affiant promises, on behalf of offeror, not to violate the prohibition against gratuities and kickbacks as set forth in 2 GAR Division 4 § 11107(e).

3. To the best of affiant’s knowledge, neither affiant, nor any of the offeror’s officers,

representatives, agents, subcontractors, or employees have offered, given or agreed to give, any government of Guam employee or former government employee, any payment, gift, kickback, gratuity or offer of employment in connection with the offerors proposal.

4. I make these statements on behalf of myself as a representative of the offeror, and on behalf of

the offeror’s officers, representatives, agents, subcontractors, and employees.


Offeror, if the offeror is an individual: Partner, if the offeror is a partnership; Officer, if the offeror is a corporation.




48

ATTACHMENT F‐4: AFFIDAVIT REGARDING CONTINGENT FEES

CITY OF ) ) ss.

ISLAND OF GUAM ) [state]



1. The name of the offering company or individual is [state name of company]

.

2. As a part of the offering company’s bid or proposal, to the best of my knowledge, the

offering company has not retained any person or agency on a percentage, commission, or other contingent arrangement to secure this contract. This statement is made pursuant to 2 GAR Division 4 111 08(f).

3. As a part of the offering company’s bid or proposal, to the best of my knowledge, the

offering company has not retained a person to solicit or secure a contract with the government of Guam upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business. This statement is made pursuant to 2 GAR Division 4 111 08(h).

4. I make these statements on behalf of myself as a representative of the offeror, and on

behalf of the offeror’s officers, representatives, agents, subcontractors, and employees.


Offeror, if the offeror is an individual; Partner, if the offeror is a partnership; Officer, if the offeror is a corporation.




49

ATTACHMENT F‐5: ETHICAL STANDARDS AFFIDAVIT

CITY OF ) ) ss.

) [state]



The affiant is [state one of the following: the offeror, a partner of

the offeror, an officer of the offeror] making the foregoing identified bid or proposal. To the best of affiant’s knowledge, neither affiant nor any officers, representatives, agents, subcontractors or employees of offeror have knowingly influenced any government of Guam employee to breach any of the ethical standards set forth in 5 GCA Chapter 5, Article II. Further, affiant promises that neither he or she, nor any officer, representative, agent, subcontractor, or employee of offeror will knowingly influence any government of Guam employee to breach any ethical standards set forth in 5 GCA Chapters, Article 11. These statements are

made pursuant to 2 GAR Division 4 § 11103 (b).


Offeror, if the offeror is an individual Partner, if the offeror is a partnership Officer, if the offeror is a corporation.




50

ATTACMENT F‐6: DECLARATION REGARDING COMPLIANCE WITH U.S. DOL WAGE and BENEFITS DETERMINATION and

U.S. DOL WAGE DETERMINATION NO. 2005‐2147 (Revised 06/19/2013) and COMMON CONSTRUCTION PREVAILING WAGE RATES FOR GUAM (10/06/08)

Procurement No.: Name of Offeror Company:

I, hereby certify under penalty of perjury:

(1) That I am [please select one: the offeror, a partner of the offeror, an officer of the offeror] making the bid or proposal in the foregoing identified procurement;

(2) That I have read and understand the provisions of 5 GCA § 5801 and § 5802 which read:

§ 5801. Wage Determination Established. In such cases where the government of Guam enters into contractual arrangements with a sole proprietorship, a partnership or a corporation (“contractor”) for the provision of a service to the government of Guam, and in such cases where the contractor employs a person(s) whose purpose, in whole or in part, is the direct delivery of service contracted by the government of Guam, then the contractor shall pay such employee(s) in accordance with the Wage Determination for Guam and the Northern Mariana Islands issued and promulgated by the U.S. Department of Labor for such labor as is employed in the direct delivery of contract deliverables to the government of Guam.

The Wage Determination most recently issued by the U.S. Department of Labor at the time a contract is awarded to a contractor by the government of Guam shall be used to determine wages, which shall be paid to employees pursuant to this Article. Should any contract contain a renewal clause, then at the time of renewal adjustments, there shall be made stipulations contained in that contract for applying the Wage Determination, as required by this Article, so that the Wage Determination promulgated by the U.S. Department of Labor on a date most recent to the renewal date shall apply.

§ 5802. Benefits. In addition to the Wage Determination detailed in this Article, any contract to which this Article applies shall also contain provisions mandating health and similar benefits for employees covered by this Article, such benefits having a minimum value as detailed in the Wage Determination issued and promulgated by the U.S. Department of Labor, and shall contain provisions guaranteeing a minimum often (10) paid holidays per annum per employee.

(3) That the offeror is in full compliance with 5 GCA § 5801 and § 5802, as may be applicable to the

procurement referenced herein; (4) That I have attached the most recent wage determination applicable to Guam issued by the

U.S. Department of Labor. [INSTRUCTIONS ‐ Please attach the most recent wage determination applicable to Guam to this executed declaration when submitting as part of bid.]

Signature


51

WD 05-2147 (Rev.-15) was first posted on www.wdol.gov on 06/25/2013 ************************************************************************************ REGISTER OF WAGE DETERMINATIONS UNDER

THE SERVICE CONTRACT ACT By direction of the Secretary of Labor

U.S. DEFARTMENT OF LABOR EMFLOYMENT STANDARDS ADMINISTRATION

WAGE AND HOUR DIVISION WASHINGTON D.C. 20210

Diane C. Koplewski Division of Director Wage Determinations!

Wage Determination No.: 2005-2147 Revision No.: 15

Date Of Revision: 06/19/2013

States: Guam, Northern Marianas, Wake Island

Area: Guam Statewide Northern Marianas Statewide Wake Island Statewide

**Fringe Benefits Required Follow the Occupational Listing** OCCUFATION CODE - TITLE 01000 - Administrative Support And Clerical Occupations

FOOTNOTE RATE

01011 - Accounting Clerk I 12.5001012 - Accounting Clerk II 13.5301013 - Accounting Clerk III 15.5901020 - Administrative Assistant 17.6701040 - Court Reporter 15.3801051 - Data Entry Operator I 10.4801052 - Data Entry Operator II 11.9901060 - Dispatcher, Motor Vehicle 13.0601070 - Document Preparation Clerk 12.2501090 - Duplicating Machine Operator 12.2501111 - General Clerk I 10.2901112 - General Clerk II 11.2801113 - General Clerk III 12.3201120 - Housing Referral Assistant 17.1501141 - Messenger Courier 10.1201191 - Order Clerk I 11.2301192 - Order Clerk II 12.2501261 - Personnel Assistant (Employment) I 14.3301262 - Personnel Assistant (Employment) II 14.9001263 - Personnel Assistant (Employment) I I I 16.4801270 - Production Control Clerk 18.3401280 - Receptionist 9.6701290 - Rental Clerk 11.1001300 - Scheduler, Maintenance 13.7501311 - Secretary I 13.7501312 - Secretary II 15.3801313 – Secretary I I I 17.1501320 - Service Order Dispatcher 11.5701410 - Supply Technician 17.6701420 - Survey Worker 15.2601531 - Travel Clerk I 11.6101532 - Travel Clerk II 12.5701533 - Travel Clerk III 13.4401611 - Word Processor I 12.25


52

1CV15113

01612 - Word Processor II 01613 - Word Processor III

13.75 15.38

05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 13.3405010 - Automotive Electrician 13.0605040 - Automotive Glass Installer 12.1005070 - Automotive Worker 12.1005110 - Mobile Equipment Servicer 8.5905130 - Motor Equipment Metal Mechanic 13.0605160 - Motor Equipment Metal worker 12.1005190 - Motor Vehicle Mechanic 13.0605220 - Motor Vehicle Mechanic Helper 10.1205250 - Motor Vehicle Upholstery Worker 12.1005280 - Motor Vehicle Wrecker 12.1005310 - Painter, Automotive 12.3705340 - Radiator Repair Specialist 12.1005370 - Tire Repairer 7.8105400 - Transmission Repair Specialist 12.10

07000 - Food Preparation And Service Occupations 07010 - Baker 10.4707041 - Cook I 9.5407042 - Cook II 11.7807070 - Dishwasher 7.2507130 - Food Service Worker 7.7807210 - Meat Cutter 11.8607260 - Waiter/Waitress 7.59

09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 14.3809040 - Furniture Handler 8.8509080 - Furniture Refinisher 14.3809090 - Furniture Refinisher Helper 10.6609110 - Furniture Repairer, Minor 12.5109130 - Upholsterer 14.38

11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 11060 - Elevator Operator 11090 - Gardener 11122 - Housekeeping Aide 11150 - Janitor 11210 - Laborer, Grounds Maintenance 11240 - Maid or Houseman 11260 - Pruner 11270 - Tractor Operator 11330 - Trail Maintenance Worker 11360 - Window Cleaner 12000 - Health Occupations 12010 - Ambulance Driver 12011 - Breath Alcohol Technician 12012 - Certified Occupational Therapist Assistant

8.23 8.23 10.99 8.33 8.23 9.14 7.25 8.23 10.33 9.14 9.14

15.81 15.81 21.70

12015 - Certified Physical Therapist Assistant 21.7012020 - Dental Assistant 13.2012025 - Dental Hygienist 29.8512030 - EKG Technician 23.9612035 - Electroneurodiagnostic Technologist 23.9612040 - Emergency Medical Technician 15.8112071 - Licensed Practical Nurse I 14.1412072 - Licensed Practical Nurse II 15.81


53

12073 - Licensed Practical Nurse III 12100 - Medical Assistant 12130 - Medical Laboratory Technician 12160 - Medical Record Clerk 12190 - Medical Record Technician 12195 - Medical Transcriptionist 12210 - Nuclear Medicine Technologist 12221 - Nursing Assistant I 12222 - Nursing Assistant II 12223 - Nursing Assistant III 12224 - Nursing Assistant IV

17.63 11.54 14.14 11.82 13.59 14.14 34.75 10.03 11.30 12.31 13.84

12235 - Optical Dispenser 15.8112236 - Optical Technician 14.1412250 - Pharmacy Technician 13.4112280 - Phlebotomist 13.8412305 - Radiologic Technologist 22.6412311 - Registered Nurse I 12312 - Registered Nurse II 12313 - Registered Nurse II, Specialist 12314 - Registered Nurse III 12315 - Registered Nurse III, Anesthetist 12316 - Registered Nurse IV 12317 - Scheduler (Drug and Alcohol Testing)

13000 - Information And Arts Occupations

20.70 25.32 25.32 30.64 30.64 36.72 19.59

13011 - Exhibits Specialist I 15.06 13012 - Exhibits Specialist II 18.66 13013 - Exhibits Specialist III 22.83 13041 - Illustrator I 15.06 13042 - Illustrator II 18.66 13043 - Illustrator III 22.83 13047 - Librarian 20.66 13050 - Library Aide/Clerk 12.00 13054 - Library Information Technology Systems 18.66 Administrator 13058 - Library Technician 15.06 13061 - Media Specialist I 13.46 13062 - Media Specialist II 15.06 13063 - Media Specialist III 16.80 13071 - Photographer I 12.82 13072 - Photographer II 14.32 13073 - Photographer III 17.75 13074 - Photographer IV 21.73 13075 - Photographer V 26.30 13110 - Video Teleconference Technician 12.91

14000 - Information Technology Occupations 14041 - Computer Operator I 13.65 14042 - Computer Operator II 15.76 14043 - Computer Operator III 17.56 14044 - Computer Operator IV 19.5014045 - Computer Operator v 21.81 14071 - Computer Programmer I (see 1) 15.73 14072 - Computer Programmer II (see 1) 19.50 14073 - Computer Programmer III (see 1) 23.84 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 24.23 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1)


54

14150 - Peripheral Equipment Operator 14160 - Personal Computer Support Technician

15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 15020 - Aircrew Training Devices Instructor (Rated) 15030 - Air Crew Training Devices Instructor (Pilot) 15050 - Computer Based Training Specialist I Instructor 15060 - Educational Technologist 15070 - Flight Instructor (Pilot) 15080 - Graphic Artist 15090 - Technical Instructor

13.65 19.50 24.23 29.32 33.30 24.23 22.82 33.30 20.47 17.65

15095 - Technical Instructor/Course Developer 21.5815110 - Test Proctor 13.8715120 - Tutor 13.87

16000 - Laundry, Dry-Cleaning, Pressing And Related16010 - Assembler

Occupations 8.08

16030 - Counter Attendant 8.0816040 - Dry Cleaner 9.3416070 - Finisher, Flatwork, Machine 8.0816090 - Presser, Hand 8.0816110 - Presser, Machine, Drycleaning 8.0816130 - Presser, Machine, Shirts 8.0816160 - Presser, Machine, Wearing Apparel, Laundry 8.0816190 - Sewing Machine Operator 9 .8616220 - Tailor 10.3316250 - Washer, Machine 8.46

19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room)

14.49

19040 - Tool And Die Maker 21000 - Materials Handling And Packing Occupations

18.20

21020 - Forklift Operator 12.4921030 - Material Coordinator 18.3421040 - Material Expediter 18.3421050 - Material Handling Laborer 10.6521071 - Order Filler 9.6621080 - Production Line Worker (Food Processing) 12.4921110 - Shipping Packer 13.3321130 - Shipping/Receiving Clerk 13.3321140 - Store Worker I 13.2321150 - Stock Clerk 18.5821210 - Tools And Parts Attendant 12.4921410 - Warehouse Specialist

23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder

12.49

20.6923021 - Aircraft Mechanic I 19.7023022 - Aircraft Mechanic II 20.6923023 - Aircraft Mechanic III 21.7423040 - Aircraft Mechanic Helper 13.7023050 - Aircraft, Fainter 18.5023060 - Aircraft Servicer 16.0923080 - Aircraft Worker 17.3823110 - Appliance Mechanic 14.4923120 - Bicycle Repairer 9.7423125 - Cable Splicer 15.4323130 - Carpenter, Maintenance 13.0023140 - Carpet Layer 13.5523160 - Electrician, Maintenance 14.99


55

23181 - Electronics Technician Maintenance I 23182 - Electronics Technician Maintenance II 23183 - Electronics Technician Maintenance III

14.72 15.05 18.31

23260 - Fabric Worker 12.6023290 - Fire Alarm System Mechanic 15.4323310 - Fire Extinguisher Repairer 11.6723311 - Fuel Distribution System Mechanic 15.4323312 - Fuel Distribution System Operator 13.0123370 - General Maintenance Worker 11.9523380 - Ground Support Equipment Mechanic 19.7023381 - Ground Support Equipment Servicer 16.0923382 - Ground Support Equipment Worker 17.3823391 - Gunsmith I 11.6723392 - Gunsmith II 13.5523393 - Gunsmith III 15.4323410 - Heating, Ventilation And Air-Conditioning 15.76Mechanic 23411 - Heating, Ventilation And Air Conditioning 16.55Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 15.1523440 - Heavy Equipment Operator 13.7323460 - Instrument Mechanic 15.4323465 - Laboratory/Shelter Mechanic 14.4923470 - Laborer 10.6523510 - Locksmith 14.4923530 - Machinery Maintenance Mechanic 17.3823550 - Machinist, Maintenance 15.4323580 - Maintenance Trades Helper 9.9223591 - Metrology Technician I 15.4323592 - Metrology Technician II 16.4123593 - Metrology Technician III 17.3723640 - Millwright 15.4323710 - Office Appliance Repairer 14.3823760 - Painter, Maintenance 13.5523790 - Pipefitter, Maintenance 15.3223810 - Plumber, Maintenance 14.3823820 - Pneudraulic Systems Mechanic 15.4323850 - Rigger 15.4323870 - Scale Mechanic 13.5523890 - Sheet-Metal Worker, Maintenance 15.2123910 - Small Engine Mechanic 13.5523931 - Telecommunications Mechanic I 19.0123932 - Telecommunications Mechanic II 19.7623950 - Telephone Lineman 18.2423960 - Welder, Combination, Maintenance 14.6623965 - Well Driller 15.4323970 - Woodcraft Worker 15.4323980 - Woodworker 11.67

24000 - Personal Needs Occupations 24570 - Child Care Attendant 24580 - Child Care Center Clerk 24610 - Chore Aide 24620 - Family Readiness And Support Services Coordinator 24630 - Homemaker

25000 - Plant And System Operations Occupations 25010 - Boiler Tender

10.09 12.58 12.43 12.44 16.12 15.43


56

25040 - Sewage Plant Operator

14.4925070 - Stationary Engineer 15.4325190 - Ventilation Equipment Tender 10.7325210 - Water Treatment Plant Operator 14.49

27000 - Protective Service Occupations 27004 - Alarm Monitor 10.9027007 - Baggage Inspector 7.3527008 - Corrections Officer 12.0527010 - Court Security Officer 12.0527030 - Detection Dog Handler 10.927040 - Detention Officer 12.0527070 - Firefighter 12.0527101 - Guard I 7.3727102 - Guard II 10.9027131 - Police Officer I 12.0527132 - Police Officer II 13.40

28000 - Recreation Occupations 28041 - Carnival Equipment Operator 9.5328042 - Carnival Equipment Repairer 10.0828043 - Carnival Equpment Worker 7.7828210 - Gate Attendant/Gate Tender 13.1828310 - Lifeguard 11.0128350 - Park Attendant (Aide) 14.7428510 - Recreation Aide/Health Facility Attendant 10.7628515 - Recreation Specialist 18.2628630 - Sports Official 11.7428690 - Swimming Pool Operator 17.71

29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 15.2029020 - Hatch Tender 15.2029030 - Line Handler 15.2029041 - Stevedore I 14.2229042 - Stevedore II 16.25

30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) 30011 - Air Traffic Control Specialist, Station (HFO)

(see 2) (see 2)

35.77 24.66

30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 27.16 30021 - Archeological Technician I 17.4930022 - Archeological Technician II 19.5630023 - Archeological Technician III 24.2130030 - Cartographic Technician 23.1830040 - Civil Engineering Technician 21.9330061 - Drafter/CAD Operator I 17.4930062 - Drafter/CAD Operator II 19.5630063 - Drafter/CAD Operator III 20.7430064 - Drafter/CAD Operator IV 24.2130081 - Engineering Technician I 30082 - Engineering Technician II 30083 - Engineering Technician III

30084 - Engineering Technician IV 30085 - Engineering Technician v 30086 - Engineering Technician VI 30090 - Environmental Technician 30210 - Laboratory Technician 30240 - Mathematical Technician 30361 - Paralegal/Legal Assistant I 30362 - Paralegal/Legal Assistant III

14.62 16.41 18.36 22.34 27.83 33.66 21.10 20.74 23.34 19.06 21.53


57

30363 - Paralegal/Legal Assistant III 26.3530364 - Paralegal/Legal Assistant IV 30.8030390 - Photo-Optics Technician 21.9330461 - Technical Writer I 22.1730462 - Technical Writer II 27.1030463 - Technical Writer III 32.7930491 - Unexploded Ordnance (UXO) Technician I 30492 - Unexploded Ordnance (UXO) Technician II 30493 - Unexploded Ordnance (UXO) Technician III 30494 - Unexploded (UXO) Safety Escort 30495 - Unexploded (UXO) Sweep Personnel 30620 - Weather Observer, Combined Upper Air Or (see 2) Surface Programs 30621 - Weather Observer, Senior (see 2)

31000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 31030 - Bus Driver 31043 - Driver Courier 31260 - Parking and Lot Attendant 31290 - Shuttle Bus Driver 31310 - Taxi Driver 31361 - Truckdriver, Light 31362 - Truckdriver, Medium 31363 - Truckdriver, Heavy 31364 - Truckdriver, Tractor-Trailer

99000 - Miscellaneous Occupations

22.74 27.51 32.97 22.74 22.74 20.74

23.00

8.15 9.69 8.97 7.25 9.99 8.21 8.97 11.61 12.48 12.48

99030 - Cashier 7.4699050 - Desk Clerk 9.7099095 - Embalmer 22.7499251 - Laboratory Animal Caretaker I 16.2499252 - Laboratory Animal Caretaker II 17.0499310 - Mortician 22.7499410 - Pest Controller 13.2899510 - Photofinishing Worker 11.9599710 - Recycling Laborer 10.7699711 - Recycling Specialist 16.2799730 - Refuse Collector 10.2499810 - Sales Clerk 8.9599820 - School Crossing Guard 15.0399830 - Survey Party Chief 20.3099831 - Surveying Aide 11.5499832 - Surveying Technician 15.0099840 - Vending Machine Attendant 20.1999841 - Vending Machine Repairer 23.5799842 - Vending Machine Repairer Helper 20.19

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS;

HEALTH & WELFARE: $3.81 per hour or $152.40 per week or $660.40 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; and 4 weeks after 3 years. Length of service includes the whole span of


58

continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174)

THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:

1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541. 400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination.

Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of:

(1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;

(2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;

(3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or

(4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400).

2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and Gam. If you are a full-time employed (40 hours a week) and Sunday is part of your

regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work).

HAZARDOUS PAY DIFFERENTIAL: An B percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder


59

and photoflash powder. All dry-house activities involving propellants or explosives.

Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges.

A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay.

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHO horne page at http://www.dol. gov/esa/whd/ or through the Wage Determinations On-Line (WOOL) Web site at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)}


60

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)l When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.


61

'·'

P.O.Box 2950 Hagatna, Guam 96932 TEL: (67J) 472-8931• FAX: (671) 477-4826 •EMAIL:[email protected]

FELIX PEREZ CAMACHO

Governor

MICHAEL W. CRUZ, MD Lieutenant Governor

AMENDED COMMON CONSTRUCTION PREVAILING

WAGE RATES FOR GUAM

Pursuant to 8 CFR 214.2(h)(b)(ii)(v)(F)(2) prevailing wage rates for common construction occupations in Guam must be approved by the U.S. Citizenship & Immigration Service (USCIS) Commissioner of Immigration prior to implementation. These Prevailing Wage Rates apply only to H-28 workers and similarly employed U.S. workers in Guam. USCIS has reviewed and reconsidered the Government of Guam's proposed rates and has approved new rates effective September 29, 2008 as follows:

OCCUPATION BRICKLAYER

HOURLY WAGE RATES $14.02

CARPENTER $13.56CEMENT MASON $12.87CONSTRUCTION EQUIPMENT MECHANIC $14.14COOK, CAMP $11.85ELECTRICIAN $15.45HEATING, AIR CONDITIONING & REFRIGERATION MECHANIC OPERATING ENGINEER (Heavy Equip. Operator) PAINTER PIPEFITTER PLASTERER PLUMBER REit- FORCIT"'G v1ETAL VVORKER SHEET-METAL WORKER STRUCTURAL STEEL WORKER SURVEYOR HELPER WELDER

$15.73 $13.77 $14.60 $16.80 $10.98 $14.96 $12.56 $15.17 $13.22 $15.98 $16.09

These prevailing wage rates are effective for both new and extension temporary labor certifications. The prevailing wage rate on Temporary Labor Certifications approved prior to the implementation of these new rates shall remain in effect for the duration of the existing labor certifications.

Governor of Guam OCT 0 6 2008


62

ATTACHMENT G: FORM CONTRACT

See Attached.


63

CONTRACT

By and Between

[NAME OF COMPANY]

and

GUAM ECONOMIC DEVELOPMENT AUTHORITY Contract for: CONSTRUCTION OF CROSSWALKS AT THE DFS GALLERIA INTERSECTION, TUMON AND THE

CHAMORRO VILLAGE, HAGATNA

IFB No.: 15‐003

Amount: $XXXXXXX

Location: Hagåtña and Tumon, Guam


64

TABLE OF CONTENTS

ARTICLE 1. DEFINITIONS ............................................................................................. 1

ARTICLE 2. PERFORMANCE BY CONTRACTOR ............................................................................ 2

ARTICLE 3. CONTRACT DOCUMENTS ........................................................................................ 3

ARTICLE 4. OWNERSHIP RIGHTS AND COPYRIGHT .................................................................... 4

ARTICLE 5. TIME FOR PERFORMANC .......................................................................................... 5

ARTICLE 6. COMPENSATION AND PAYMENT .............................................................................. 6

ARTICLE 7. REPRESENTATIONS ........................................................................................... 8

ARTICLE 8. PAYMENT AND PERFORMANCE BONDS .................................................................. 9

ARTICLE 9. SUSPENSION OF WORK ........................................................................................................ 9

ARTICLE 10. DIFFERING SITE CONDITIONS ................................................................................ 10

ARTICLE 11. PRICE ADJUSTMENT ............................................................................................... 10

ARTICLE 12. CLAIMS BASED ON GOVERNMENT ACTS OR OMISSIONS ...................................... 11

ARTICLE 13. TERMINATION ........................................................................................................ 12

ARTICLE 14. LIQUIDATED DAMAGES .......................................................................................... 15

ARTICLE 15. INDEMNITY, INSURANCE AND SAFETY ................................................................... 16

ARTICLE 16. CHANGE ORDERS ................................................................................................... 19

ARTICLE 17. WARRANTIES ............................................................................................ 20

ARTICLE 18. EMPLOYMENT OF APPRENTICES (Executive Order 2012‐04) ............................... 21

ARTICLE 19. INDEPENDENT CONTRACTOR ............................................................................ 22

ARTICLE 20. WAGE DETERMINATION (5 G.C.A. Article 13) ....................................................... 22

ARTICLE 21. MISCELLANEOUS PROVISIONS .............................................................................. 23

EXHIBIT A. GENERAL PROJECT SCOPE ..................................................................................... 28

EXHIBIT B. PROJECT SCHEDULE ............................................................................................... 29

EXHIBIT C. PAYMENT SCHEDULE ............................................................................................. 30


65

THIS CONTRACT is made and entered by and between the GUAM ECONOMIC DEVELOPMENT AUTHORITY (hereinafter called “GEDA”), a public corporation, on behalf of the Government of Guam, and [NAME OF COMPANY] (hereinafter called “CONTRACTOR”), a Guam Corporation duly authorized to do business on Guam.

RECITALS

WHEREAS, GEDA, on behalf of the Government of Guam, desires to engage construction services of

Contractor to carry out the FOR THE CONSTRUCTION OF CROSSWALKS AT THE CHAMORRO VILLAGE, HAGÅTÑA AND THE DFS GALLERIA INTERSECTION, TUMON (“Project”), in accordance with this Contract and the Contract Documents.

WHEREAS, the Project is part of the Capital Improvement Program established by Public Law 30‐228,

as amended, which utilizes proceeds from the Hotel Occupancy Revenue Bonds, Series 2011A to fund various projects enumerated in said Public Law.

WHEREAS, GEDA, after engaging in a competitive bidding process in accordance with the Guam

Procurement Law (Title 5, Guam Code Annotated, Chapter 5) and Regulations (Volume 2, Guam Administrative Regulations, Division 4), is prepared to award this Contract to CONTRACTOR as the lowest, most responsive, responsible bidder.

WHEREAS, the award of this Contract to CONTRACTOR has been approved by the GEDA Board of

Directors.

NOW THEREFORE, in consideration of the foregoing recitals and of the mutual terms, covenants,

conditions set forth below, GEDA and CONTRACTOR agree as follows:

ARTICLE 1. DEFINITIONS

1.1. The language in all parts of this Contract shall in all cases be simply construed according to its fair meaning and not strictly for or against GEDA or CONTRACTOR. Unless otherwise provided in this Contract, or unless the context otherwise requires, the following definitions shall apply to this Contract:

1.1.1. “Administrator” means the Administrator of GEDA or the Administrator’s designee.

1.1.2. Reserved.

1.1.3. “Claim” A demand or assertion by GEDA or CONTRACTOR that seeks an adjustment of the

Contract Price or Contract Time, or both, or other relief as to the terms of the Contract. The responsibility to substantiate a claim shall rest with the party making the claim. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event.

1.1.4. Reserved.


66

1.1.5. “Contract Price” shall mean [INSERT AMOUNT NO/100 DOLLARS ($XXXXXXXX).

1.1.6. “Contract Time” means that time within which CONTRACTOR shall commence and complete the

Project as provided in Article 5 (Time for Performance) plus any approved extensions.

1.1.7. “Contracting Officer” shall mean the Administrator or the Administrator’s designee.

1.1.8. “Excusable Event” shall have that meaning set forth in Section 13.1.4.

1.1.9. Reserved.

1.1.10. “Head of a Purchasing Agency” means the Administrator of GEDA or the Administrator’s

designee.

1.1.11. Reserved.

1.1.12. “Project” means the construction of crosswalks at the DFS Galleria Intersection, Tumon.

1.1.13. “Procurement Officer” means the Administrator of GEDA or the Administrator’s designee.

1.1.14. “Services” means those services set forth in Article 2 (Performance by CONTRACTOR).

1.1.15. “Work” shall mean the design and construction services and other services necessary to be

provided by CONTRACTOR for completion of the Project.

1.1.16. “Work Product” shall mean all drawings and specifications, CAD discs, drawings prepared

utilizing computer aided design, any other drawings, images, computations, sketches, test data, survey results, photographs, renderings, models, and other materials related to the Project prepared by CONTRACTOR and/or its Subcontractors alone or in combination with others, on any and all media, in whole or in part, whether created before, during, or after the term of this Contract.

ARTICLE 2. PERFORMANCE BY CONTRACTOR

2.1. Services. CONTRACTOR agrees to furnish all the necessary labor, materials, equipment,

tools, and services necessary to perform and complete in a workmanlike manner all the work required for the construction of the Project, in strict compliance with the Contract Documents hereinafter defined, which are hereby made a part of this Contract. The General Project Scope (“Services”) to be provided by CONTRACTOR is set forth in Exhibit “A” attached hereto and incorporated as if fully set forth herein. The Services shall be provided in accordance with the Project Schedule.


67

2.2. Subcontractors. The Services shall be provided by CONTRATOR directly or through its subcontractors. “Subcontractors” means a person or entity having a contract with CONTRACTOR to provide any part of the Services as CONTRACTOR’s independent professional associate or consultant with respect to the Project and includes without limitation all sub‐contractors. The CONTRACTOR shall be responsible to GEDA for its negligent acts or omissions, contractual breaches and intentional wrongful acts, and those of its Subcontractors, and their respective agents, employees and other persons or entities providing any of the Services.

2.2.1. GEDA shall have no obligation to the CONTRACTOR’s Subcontractors under a

contract, third party beneficiary or any other theory and, other than payments due the CONTRACTOR as provided in this Contract, GEDA shall not be liable for or obligated to pay any fees, costs and expenses of such Subcontractors, as such fees, costs and expenses are the obligations of the CONTRACTOR. The CONTRACTOR shall, however, provide in all agreements with its Subcontractors that:

2.2.1.1. Each Subcontractor, as to the services provided by it, shall assume

toward the CONTRACTOR all obligations and responsibilities that the CONTRACTOR, by the terms of this Contract, has assumed towards GEDA; and

2.2.1.2. Each Subcontractor shall be directly liable and the CONTRACTOR shall be

jointly and severally liable to GEDA, for performance of the Services provided by such Subcontractor and for any negligent errors and omissions, breaches of contract or intentional wrongful acts in the performance of such Services.

ARTICLE 3. CONTRACT DOCUMENTS

It is hereby mutually agreed that the following list of documents shall constitute the Contract Documents, all of which are made a part hereof, and collectively evidence and constitute the contract between the parties hereto, and they are as fully a part of this Contract as if they were set out verbatim and in full, and are designated as follows:

a) IFB No. 15‐003 b) [insert all Addenda] c) CONTRACTOR’s Bid d) Performance Bond e) Payment Bond f) Notice of Award g) Notice to Proceed h) Most recent applicable Wage Determination promulgated by the U.S. Department of Labor i) Vol. 1 ‐ Project General Conditions dated XXX j) Vol. 2 – Technical Documents: Drawings and specifications prepared by XXX

k) Bid Bond l) Affidavit Disclosing Ownership and Commissions m) Affidavit Regarding Non‐Collusion n) Affidavit Regarding No Gratuities or Kickbacks o) Affidavit Regarding Contingent Fees


68

p) Affidavit Regarding Ethical Standards q) Declaration Regarding Compliance with U.S. DOL Wage Determination r) Designation of Subcontractors s) Bidder Qualification Statement t) CONTRACTOR safety program included as part of CONTRACTOR Bid Submission u) CONTRACTOR’s quality control program included as part of CONTRACTOR’s Bid Submission v) CONTRACTOR’s project schedule included as part of CONTRACTOR’s Bid Submission

In the event of an ambiguity or actual conflict or inconsistency between the terms contained in this Contract and those enumerated in the Vol. 1 Project General Conditions, the provisions in this Contract shall govern the parties’ rights and obligations. However, to the extent that the provisions of these documents can be read together, that is the preferred interpretation of the parties’ rights and obligations. An ambiguity, actual conflict or inconsistency shall occur when the rights or obligations contained in this Contract cannot be performed without violating a provision of the Vol. 1 Project General Conditions or vice versa. An ambiguity may also occur where the Vol. 1 Project General Conditions are confusing, unclear or make references to nonexistent provisions in the Contract or Contract Documents.

ARTICLE 4. OWNERSHIP RIGHTS AND COPYRIGHT

4.1. Property of GEDA. All Work Product are the property of GEDA and for its exclusive use, re‐use,

modification and/or revision at any time without further compensation and without any restrictions. As used herein, “Work Product” also includes all works based upon, derived from or incorporating the same. CONTRACTOR shall have no right to use or re‐use the Work Product on any other project.

4.2. Modifications by Others. The CONTRACTOR shall not be liable for modifications to the Work

Product made by others without the written authorization of the CONTRACTOR.

4.3. No Infringement. CONTRACTOR hereby represents and warrants that all Work Product is

original and does not infringe the patent, trademark, trade secret, copyright, architectural work, or other proprietary right of any third party. CONTRACTOR also represents and warrants that it and/or its Subcontractors are the sole owners of the Work Product. CONTRACTOR further represents and warrants that it has written agreements with all Consultants used in performance of this Contract as provided in this Article. CONTRACTOR hereby assigns to GEDA all right, title and interest in and to the Work Product, including, but not limited to, all engineering works, copyrights, copyright registrations, copyright applications, renewals, extensions and all other proprietary or ownership rights.

4.4. GEDA’s Right to Revise. In the event of termination, suspension, abandonment or completion

of this Contract or upon request by GEDA, CONTRACTOR shall deliver to GEDA within seven (7) days after full payment all Work Product not previously delivered to GEDA during the term of this Contract. Without limiting GEDA’s rights in the Work Product, it is expressly agreed and understood that GEDA, as the holder of all rights, title and interest in and to the Work Product, as provided above, shall have the exclusive right to use or reuse any and all Work Product, at GEDA’s sole discretion and at no additional cost to GEDA. All copyrightable works of the Work Product shall be deemed a “work made for hire” as defined under the Copyright Laws of the United States. If, for some reason, such copyrightable work is excluded from the definition of a “work made for hire”, as stated above, CONTRACTOR hereby assigns all right, title, and interest


69

in and to such copyrightable work to GEDA. CONTRACTOR shall cooperate with GEDA or its designees and execute documents of assignment, declarations and other documents which may be prepared by GEDA and take other necessary actions as reasonably directed by GEDA, to effect the foregoing and/or to perfect or enforce any proprietary rights resulting from or related to this Contract. Such cooperation and execution shall be performed without additional compensation to the CONTRACTOR; provided, however, GEDA shall reimburse CONTRACTOR for reasonable out‐of‐pocket expenses incurred at the specific request of GEDA. CONTRACTOR shall cause each of its employees charged with performance under this Contract or granted access to confidential information to execute an agreement recognizing GEDA’s ownership rights and concurring with the obligations of CONTRACTOR as set forth herein.

4.5. Language in Subcontractors’ Agreements. CONTRACTOR agrees that written agreements

with any and all of its Subcontractors used by CONTRACTOR to fulfill its obligations hereunder, shall contain language substantially similar to that of this Article to assign to GEDA all Work Product by the Subcontractor, to require agreements with the Subcontractor’s employees, and to require cooperation with CONTRACTOR on the same terms and conditions as set forth herein. CONTRACTOR shall provide GEDA with copies of all such agreements so that GEDA can verify the inclusion of such provisions, such rights are for GEDA’s sole benefit and failure to verify shall in no way relieve CONTRACTOR of its obligation to obtain such commitments from its Subcontractors.

4.6. Survival. The provisions of this Article shall survive the expiration, suspension, abandonment,

termination, or completion of this Contract.

4.7. Loss or Damage. During the performance of CONTRACTOR’s Services, CONTRACTOR shall be

responsible for any loss or damage to all Work Product while they are in its possession and any such loss or damage thereto shall be restored at the CONTRACTOR’s expense. GEDA shall be allowed unrestricted access during normal business hours to the Work Product during the term of this Contract and, at the sole discretion of GEDA, upon reasonable notice other individuals, entities or governmental agencies having an appropriate need may have access to such Work Product for such purposes. All Work Product prepared by the CONTRACTOR pursuant to this Contract shall be in reproducible form. All Work Product shall be covered under the Insurance required under this Contract.

ARTICLE 5. TIME FOR PERFORMANCE

5.1. Term. The parties agree that time is of the essence in the performance of the obligations under

this Contract and, therefore, CONTRACTOR agrees to commence work under this Contract upon, and in accordance with the written Notice to Proceed.

5.2. Compliance with Project Schedule. CONTRACTOR shall perform all services to complete the

Project within the times specified in the Project Schedule unless an Excusable Event causes delay and CONTRACTOR gives written notice of such Excusable Event within forty‐eight (48) hours of the event and requests a time extension as provided in Section 13.1.4 (Time Extension).

5.3. Project Schedule. The Project Schedule is attached hereto as Exhibit “B”.

5.4. Reserved.


70

5.5. Additional Manpower. Should the progress of the work at any time fall behind schedule for any reason other than because of an Excusable Event, GEDA may order CONTRACTOR to increase its efficiency or to acquire additional manpower or other resources. A recovery schedule which is resource loaded shall be provided by CONTRACTOR showing how the schedule will be improved to meet the contractual completion date. CONTRACTOR at its own expense shall comply with such order and apply such additional manpower and resources as necessary to bring progress of the work back on schedule and consistent with the standard of professional skill and care required by this Contract. The failure of GEDA to demand such increases of efficiency or additional manpower or resources shall not relieve CONTRACTOR from the obligations to secure such quality of work and said rate of progress and the completion of the work as required herein.

ARTICLE 6. COMPENSATION AND PAYMENT

6.1. Funding. CONTRACTOR understands and agrees that the Contract Price is funded by the

2011 Hotel Occupancy Tax Bonds.

6.2. Contract Price. As compensation for services rendered under this Contract, and in full

satisfaction for all work, labor, equipment, materials and other requirements and specifications under the Contract, CONTRACTOR shall be paid the sum of XXXXXXXXXXXXXXXXXXXXXXXXXXX AND XX/100 Dollars ($XXXXXXX), in monthly progress payments as provided for in Exhibit “C”. This amount shall be in full satisfaction of all work, labor, fees, gross receipt taxes, costs and expenses incurred by CONTRACTOR. Other sums may be added and/or deducted as a result of extra and/or omitted work and/or executed change orders, as the case may be, as approved by GEDA pursuant to this Contract.

6.3. Retainage. In making any payment hereunder, there shall be retained ten percent (10%) (the

“Retainer”) of the payment amount until final completion and acceptance of all work covered by this Contract. This Retainer shall be held as security for the full and proper performance of the Contract by CONTRACTOR and shall be returned to CONTRACTOR only on the following conditions, provided, however, that if the Contracting Officer, any time after fifty percent (50%) of the Work has been completed, finds that satisfactory progress is being made, the Contracting Officer may authorize payment in full of each progress payment for work performed beyond the fifty percent (50%) stage of completion. Also, whenever the work is substantially complete, the Contracting Officer, if the Contracting Officer considers the amount retained to be in excess of the amount adequate for the protection of GEDA or the Government, at his discretion, may release to the CONTRACTOR all or part of the Retainer.

6.3.1. CONTRACTOR has delivered a certification to the Administrator that all employees of

CONTRACTOR and Subcontractor have been paid; that all Subcontractors have been paid; that all suppliers

of materials, supplies, equipment and services have been paid; that no companies, parties or persons shall have any right to claim a lien on Project or Project site as a result of CONTRACTOR’s work; and that CONTRACTOR shall indemnify and hold harmless GEDA and the Government of Guam from and against all claims, damages and expenses as a result of a claim or lien filed. This shall be documented on a lien release form approved by GEDA and shall be submitted with each pay application made by the CONTRACTOR.

6.3.2. After CONTRACTOR Has Completed All Punch List Items. GEDA shall also have the right

to deduct the cost of completion of any punch list item from the Retainer if CONTRACTOR fails to correct or complete the item in a proper, satisfactory and timely manner at the discretion of GEDA.


71

6.3.3. CONTRACTOR is not in default in its performance of this Contract. GEDA shall have the right to deduct any liquidated damages due to GEDA, and to deduct any other amounts, damages, expenses, attorneys’ fees, etc. owed by CONTRACTOR to GEDA pursuant to the terms and conditions of this Contract.

6.3.4. CONTRACTOR shall execute and deliver a release of all claims against GEDA and the

Government of Guam for any monies due under the Contract or as a result of any act of the Owner.

6.4. Final Payment. Final payment will be made when all work required under this Contract have

been completed to the reasonable satisfaction of GEDA including, without limitation, CONTRACTOR’s transmittal to GEDA, and GEDA’s acceptance, of all deliverables required by this Contract. Prior to final payment and as a condition precedent thereto, CONTRACTOR shall execute and deliver to GEDA a Final Waiver and Release, in a form approved by GEDA, of all claims against GEDA and the Government arising under and by virtue of this Contract.

6.5. Interest, Late Charges and Penalties. Title 5 G.C.A. § 22503 shall apply as applicable.

6.6. Disputes. If any amount claimed in a progress payment application is disputed by GEDA, then

subject to other provisions of this Contract, GEDA shall pay the undisputed portion of the progress payment application. GEDA will make payment of the disputed amount upon GEDA’s receipt of any requested documentation and verification that establishes to GEDA's satisfaction, the claimed amount is due. GEDA shall advise CONTRACTOR, in writing, within thirty (30) days of receipt of a progress payment application of any disputed amounts therein.

6.7. Payments by CONTRACTOR. The CONTRACTOR shall pay:

6.7.1. For all transportation and utility services not later than the 20th day of the calendar

month following that in which such services are rendered, subject to such extensions as may be allowed by GEDA in writing;

6.7.2. For all materials, tools, and other expendable equipment to the extent of ninety (90)

percent of the cost thereof, not later than the 20th day of the calendar month following that in which such materials, tools and equipment are delivered at the site of the project, and the balance of the cost thereof not later than thirty (30) days following completion of that part of the work in or on which such materials, tools, and equipment are incorporated or used, subject to such extensions as may be allowed by GEDA in writing;

6.7.3. Its Subcontractors, not later than the 5th day following each payment to the

CONTRACTOR the respective amounts allowed CONTRACTOR on account of the work performed by its Subcontractors, to the extent of each Subcontractor’s interest therein. Any delay or postponement of payment by CONTRACTOR to any of its Subcontractors may occur only for good cause with written approval by GEDA. All requests for payment CONTRACTOR that include compensation to Subcontractor(s) shall be accompanied by a properly executed billing from the Subcontractor(s). CONTRACTOR shall also submit to GEDA a Certificate of Payment to Subcontractor(s) and Release, in a form previously approved by GEDA, properly acknowledged by the Subcontractor(s), on the next month following GEDA’s payment to CONTRACTOR that includes any compensation to the Subcontractor(s). Failure to submit such a Certificate of Payment to Subcontractor(s) and Release will result in the deduction of the amount due to Subcontractor(s) in


72

future payments to CONTRACTOR.

ARTICLE 7. REPRESENTATIONS

CONTRACTOR hereby makes the following representations:

7.1. Ethical Standards. CONTRACTOR has not knowingly influenced, and will not knowingly influence

a government employee to breach any of the ethical standards set forth in 5 G.C.A. Chapter 5, Article 11 and Chapter 11 of the Guam Procurement Regulations.

7.2. Gratuities and Kickbacks. CONTRACTOR has not violated, is not violating, and will not violate

the prohibition against gratuities and kickbacks set forth in § 11107 of the Guam Procurement Regulations. CONTRACTOR further agrees to execute and file a Non‐Gratuity Affidavit before final payment under this Contract is made by GEDA.

7.3. Covenant Against Contingent Fees. CONTRACTOR warrants that it has not employed or

retained any person or company, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Contract and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any gifts or other consideration or fee contingent upon the award or making this Contract. Breach of this warranty shall give GEDA the right to terminate this Contract or, as consideration, deduct the amount of such commission, percentage brokerage or contingent fee from the Contract Price. This warranty shall not apply to commissions payable by CONTRACTOR upon contracts or sales secured or made through bona fide established commercial or selling agencies maintained by CONTRACTOR for the purpose of securing business.

7.4. Warranty Against Employment of Sex Offenders (5 G.C.A. § 5253). CONTRACTOR warrants

that no person convicted of a sex offense under the provisions of Chapter 25 of Title 9 G.C.A., or an offense as defined in Article 2 of Chapter 28, Title 9 G.C.A. in Guam, or an offense in any jurisdiction which includes, at a minimum, all of the elements of said offenses, or who is listed on the Sex Offender Registry, and who is employed by CONTRACTOR, shall work for CONTRACTOR on the property of the government of Guam other than a public highway. CONTRACTOR warrants that no person providing services on behalf of CONTRACTOR has been convicted of a sex offense under the provisions of Chapter 25 of Title 9 G.C.A. or an offense as defined in Article 2 of Chapter 28, Title 9 G.C.A., or an offense in another jurisdiction with, at a minimum, the same elements as such offenses, or who is listed on the Sex Offender Registry. If any person providing services on behalf of CONTRACTOR is convicted of a sex offense under the provisions of Chapter 25 of Title 9 G.C.A. or an offense as defined in Article 2 of Chapter 28, Title 9 G.C.A. or an offense in another jurisdiction with, at a minimum, the same elements as such offenses, or who is listed on the Sex Offender Registry, such person will immediately be removed from working on Government property and the Administrator will be informed within twenty‐four (24) hours of such conviction.

7.5. Duly Licensed. CONTRACTOR and all Subcontractors are duly licensed and authorized to

perform the services required under this Contract under the applicable laws of Guam.


73

ARTICLE 8. PAYMENT AND PERFORMANCE BONDS

CONTRACTOR must deliver to GEDA an executed performance bond and an executed payment bond in such form as is acceptable to GEDA in an amount equal to one hundred percent (100%) of the Contract Price as security for the faithful performance of this Contract and as security for the payment of all persons performing labor and furnishing materials in connection with this Contract. The sureties of all bonds shall be such surety company or companies as are approved by GEDA, and as are authorized to transact business in Guam. The bonds must be approved by GEDA prior to execution of this Contract. A notarized true copy of Certificate of Authority of the surety or sureties must also be provided to GEDA.

ARTICLE 9. SUSPENSION OF WORK

9.1. Suspension for Convenience. GEDA may order CONTRACTOR in writing to suspend, delay or

interrupt all or any part of the work for such period of time as GEDA may determine to be appropriate for the convenience of the territory.

9.2. Adjustment of Cost. If the performance of all or any part of the work is, for an unreasonable

period of time, suspended, delayed, or interrupted by an act of GEDA in the administration of this Contract, or by the failure of GEDA to act within the time specified in this Contract (or if no time is specified, within reasonable time), an adjustment shall be made for any increase in the cost of performance of this Contract necessarily caused by such unreasonable suspension, delay or interruption, and this Contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent:

9.2.1. that performance would have been so suspended, delayed, or interrupted by any other

cause, including the fault or negligence of CONTRACTOR; or

9.2.2. for which an adjustment is provided for or excluded under any other provision of this Contract.

9.3. Time Restriction on Claim. No claim under this clause shall be allowed:

9.3.1. for any costs incurred more than twenty (20) days before CONTRACTOR shall have notified GEDA in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

9.3.2. unless the claim is asserted in writing as soon as practicable after the termination of

such suspension, delay, or interruption, but not later than the date of final payment under the Contract.

9.4. Adjustments of Price. Any adjustment in contract price made pursuant to this clause shall be

determined in accordance with the Price Adjustment Clause of this Contract.


74

ARTICLE 10. DIFFERING SITE CONDITIONS

10.1. Notice. CONTRACTOR shall within forty‐eight (48) hours of discovery, and before such

conditions are disturbed, notify the Administrator of:

10.1.1. subsurface or latent physical conditions at the site differing materially from those

indicated in this contract; or

10.1.2. unknown physical conditions at the site, of an unusual nature, differing materially from

those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.

10.2. Adjustments of Price or Time for Performance. After receipt of such notice, the Administrator

shall promptly investigate the site, and if it is found that such conditions do materially so differ and cause an increase in the CONTRACTOR’s cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of such conditions, an adjustment shall be made and this Contract modified in writing accordingly. Any adjustment in Contract Price made pursuant to this clause shall be determined in accordance with the Price Adjustment Clause of this Contract.

10.3. Timeliness of Claim. No claim of CONTRACTOR under this clause shall be allowed unless

CONTRACTOR has given the notice required in this clause; provided, however, that the time prescribed therefor may be extended by the Administrator in writing.

10.4. No Claim After Final Payment. No claim by CONTRACTOR for an adjustment thereunder shall be

allowed if asserted after final payment under this Contract.

10.5. Knowledge. Nothing contained in this clause shall be grounds for an adjustment in compensation if CONTRACTOR had actual knowledge of the existence of such conditions prior to the submission of bids.

ARTICLE 11. PRICE ADJUSTMENT

11.1. Any adjustment in Contract Price pursuant to a section of this Contract shall be made in one or

more of the following ways:

11.1.1. by agreement on a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable;

11.1.2. by unit prices specified in this Contract or subsequently agreed upon;

11.1.3. by the costs attributable to the event or situation covered by the clause, plus

appropriate profit or fee, all as specified in this Contract or subsequently agreed upon; 11.1.4. in such other manner as the parties may mutually agree; or


75

11.1.5. in the absence of agreement between the parties, by a unilateral determination by the Administrator of the costs attributable to the event or situation covered by the clause, plus appropriate profit or fee, all as computed by the Administrator in accordance with generally accepted accounting principles and applicable sections of the regulations promulgated under Chapter 7 (Cost Principles), subject to the provisions of Chapter 9 (Legal and Contractual Remedies) of the Guam Procurement Regulations.

11.2. Submission of Cost or Pricing Data. CONTRACTOR shall provide cost or pricing data for any

price adjustments subject to the provisions of §3118 (Cost or Pricing Data) of the Guam Procurement Regulations.

ARTICLE 12. CLAIMS BASED ON GOVERNMENT ACTS OR OMISSIONS

12.1. Notice of Claim. If any action or omission on the part of the Administrator or his designee

requiring performance changes within the scope of this Contract constitutes the basis for a claim by CONTRACTOR for additional compensation, damages, or an extension of time for completion, CONTRACTOR shall continue with performance of the Contract in compliance with the directions or orders of such officials, but by so doing, CONTRACTOR shall not be deemed to have prejudiced any claim for additional compensation, damages, or an extension of time for completion; provided:

12.1.1. CONTRACTOR shall have given written notice to the Administrator or his designee:

12.1.1.1. prior to the commencement of the work involved, if at that time CONTRACTOR knows of the occurrence of such action or omission;

12.1.1.2. within 30 days after CONTRACTOR knows of the occurrence of such

action or omission, if CONTRACTOR did not have such knowledge prior to the commencement of the work; or 12.1.1.3 within such further time as may be allowed by the Administrator in writing.

This notice shall state that CONTRACTOR regards the act or omission as a reason which may entitle CONTRACTOR to additional compensation, damages, or an extension of time. The Administrator, upon receipt of such notice, may rescind such action, remedy such omission, or take such other steps as may be deemed advisable in the discretion of the Administrator or his designee.

12.1.2. The notice required by Subparagraph 12.1.1. of this Article describes as clearly as

practicable at the time the reasons why CONTRACTOR believes that additional compensation, damages, or an extension of time may be remedies to which CONTRACTOR is entitled; and

12.1.3. CONTRACTOR maintains and, upon request, makes available to the Administrator

within a reasonable time, detailed records to the extent practicable, of the claimed additional costs or basis for an extension of time in connection with such changes.


76

12.2. Limitations of Clause. Nothing herein contained, however, shall excuse CONTRACTOR from compliance with any rules of law precluding any Government officers and any contractors from acting in collusion or bad faith in issuing or performing change orders which are clearly not within the scope of this Contract.

12.3. Adjustments of Price. Any adjustment in the contract price made pursuant to this clause shall

be determined in accordance with the Price Adjustment Clause of this Contract.

ARTICLE 13. TERMINATION

13.1. Termination for Default by Nonperformance or Delay ‐ Damages For Delay ‐Time Extensions

13.1.1. Default. If CONTRACTOR refuses or fails to prosecute the work, or any separable part

thereof, with such diligence as will assure its completion within the time specified in this contract, or any extension thereof fails to complete said work within such time, or commits any other substantial breach of this Contract, and further fails within fourteen (14) days after receipt of written notice from GEDA to commence and continue correction of such refusal or failure with diligence and promptness, GEDA may, by written notice to CONTRACTOR, declare CONTRACTOR in breach and terminate CONTRACTOR’s right to proceed with the work or such part of the work as to which there has been delay. In such event, GEDA or its government equivalent may take over the work and prosecute the same to completion, by contract or otherwise, and may take possession of, and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary there for. Whether or not CONTRACTOR’s right to proceed with the work is terminated, CONTRACTOR and CONTRACTOR’s sureties shall be liable for any damage to GEDA resulting from CONTRACTOR’s refusal or failure to complete the work within the specified time.

13.1.2. Liquidated Damages upon Termination. If fixed and agreed liquidated damages are

provided in the contract, and if GEDA so terminates CONTRACTOR’s right to proceed, the resulting damage will consist of such liquidated damages for such reasonable time as may be required for final completion of the work.

13.1.3. Liquidated Damages in Absence of Termination. If fixed and agreed liquidated damages

are provided in the contract, and if the territory does not terminate CONTRACTOR’s right to proceed, the resulting damage will consist of such liquidated damages until the work is completed or accepted.

13.1.4. Time Extension. CONTRACTOR’s right to proceed shall not be so terminated nor will

CONTRACTOR be charged with resulting damage if: (a) the delay in the completion of the work arises from causes such as (referred to as an “Excusable Event”): acts of God; acts of the public enemy; acts of GEDA, and any other territorial entity in either a sovereign or contractual capacity; acts of another contractor in the performance of a contract with the territory; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; unusually severe weather; delays of subcontractors due to causes similar to those set forth above; or shortage of materials; provided, however, that no extension of time will be granted for a delay caused by a shortage of materials, unless CONTRACTOR furnished to the Administrator proof that CONTRACTOR has diligently made every effort to obtain such materials from all known sources within reasonable reach of the work, and further proof that the inability to obtain such materials when originally


77

planned did in fact cause a delay in final completion of the entire work which could not be compensated for by revising the sequence of CONTRACTOR’s operations; and (b) CONTRACTOR, within ten days from the beginning of any such delay (unless GEDA grants a further period of time before the date of final payment under the contract), notifies GEDA in writing of the causes of delay. GEDA shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in the judgment of GEDA, the findings of fact justify such an extension.

13.1.5. Erroneous Termination for Default. If, after notice of termination of CONTRACTOR’s

right to proceed under the provisions of this clause, it is determined for any reason that CONTRACTOR was not in default under the provisions of this clause, or that the delay was excusable under the provisions of this clause, the rights and obligations of the parties shall, if the contract contains a clause providing for termination for convenience of GEDA, be the same as if the notice of termination had been issued pursuant to such clause. If, in the foregoing circumstance, this Contract does not contain a clause providing for termination for convenience of the territory, the Contract shall be adjusted to compensate for such termination and the Contract modified accordingly.

13.1.6. Additional Rights and Remedies. The rights and remedies of GEDA provided in this

clause are in addition to any other rights and remedies provided by law or under this contract.

13.2. Termination for Convenience.

13.2.1. Termination. GEDA may, when the interests of GEDA or the Government so requires,

terminate this Contract in whole or in part, for the convenience of GEDA or of the Government. GEDA shall give written notice of the termination to CONTRACTOR specifying the part of the Contract terminated and when termination becomes effective.

13.2.2. Contractor’s Obligations. CONTRACTOR shall incur no further obligations in connection

with the terminated performance and on the date of the notice of termination CONTRACTOR will stop performance to the extent specified. CONTRACTOR shall also terminate outstanding orders and subcontracts as they relate to the terminated work. CONTRACTOR shall settle the liabilities and claims arising out of the termination of subcontracts and orders connected with the terminated work. GEDA may direct CONTRACTOR to assign CONTRACTOR’s right, title, and interest under terminated orders or subcontracts to GEDA. CONTRACTOR must still complete the work not terminated by the notice of termination and may incur obligations as necessary to do so.

13.2.3. Right to Construction and Supplies. GEDA may require CONTRACTOR to transfer title

and deliver to GEDA in the manner and to the extent directed by GEDA:

13.2.3.1. Any completed installation; and

13.2.3.2. Such partially completed installation supplies and materials, parts, tools,

dies, jigs, fixtures, plans, drawings, information, and contract rights (hereinafter called “construction material”) as CONTRACTOR has specifically produced or specially acquired for the performance of the terminated part of this Contract.


78

CONTRACTOR shall protect and preserve property in the possession of CONTRACTOR in which GEDA or the Government has an interest. If GEDA does not exercise this right, CONTRACTOR shall use best efforts to sell such construction, supplies, and construction materials in accordance with the standards of 13 GCA §2706 (UCC). This in no way implies that the territory has breached the contract by exercise of the Termination for Convenience Clause.

13.2.4. Compensation.

13.2.4.1. CONTRACTOR shall submit a termination claim specifying the amounts

due because of the termination for convenience together with the cost or pricing data to the extent required by § 3118 (Cost or Pricing Data) of the Guam Procurement Regulations bearing on such claim. If CONTRACTOR fails to file a termination claim within one (1) year from the effective date of termination, GEDA may pay CONTRACTOR, if at all, an amount set under subsection 13.2.4.3

13.2.4.2. GEDA and CONTRACTOR may agree to a settlement provided

CONTRACTOR has filed a termination claim supported by cost or pricing data to the extent required by § 3118 (Cost or Pricing Data) of the Guam Procurement Regulations and that the settlement does not exceed the total Contract Price plus settlement costs reduced by payments previously made by GEDA, the proceeds of any sales of construction, supplies, and construction materials under the “Right to Construction and Supplies,” subsection above and the Contract Price of the work not terminated.

13.2.4.3. Absent complete agreement under subsection 13.2.4.2, above, GEDA

shall pay CONTRACTOR the following amounts, provided payments agreed to under subsection 13.2.4.2, above, shall not duplicate payments under this subsection:

13.2.4.3.1. with respect to all contract work performed prior to the effective

date of the notice of termination, the total (without duplication of any items) of:

13.2.4.3.1.1. the cost of such work plus a fair and reasonable

profit on such portion of the work (such profit shall not include anticipatory profit or consequential damages) less amounts paid or to be paid for completed portions of such work; provided, however, that if it appears that CONTRACTOR would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss;

13.2.4.3.1.2. Cost of settling and paying claims arising out of the

termination of subcontracts or orders pursuant to the “CONTRACTOR’s Obligations” subsection above. These costs must not include costs paid in accordance with subsection 13.2.4.3.1.1, above.

13.2.4.3.1.3. The reasonable settlement costs of

CONTRACTOR, including accounting, legal, clerical, and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the termination portion of the Contract and for the termination of subcontracts under this Contract, together with reasonable storage, transportation, and other costs incurred in connection with the protection or disposition of property allocable to the terminated portion of this Contract. The total sum to be paid CONTRACTOR under this subsection shall


79

not exceed the total Contract Price plus the reasonable settlement costs of CONTRACTOR reduced by the amount of payments otherwise made, the proceeds of any sales of supplies and manufacturing materials under the above subsection “Right to Construction and Supplies,” and the Contract Price of work not terminated.

13.2.4.4. Costs claimed, agreed to, or established under subsections 13.2.4.2 and

13.2.4.3 shall be in accordance with Chapter 7 (Cost Principles) of the Guam Procurement Regulations.

ARTICLE 14. LIQUIDATED DAMAGES

The standard clause in the Guam Procurement Regulations regarding liquidated damages has been replaced with the following:

If CONTRACTOR shall neglect, fail or refuse to complete the work on time in accordance with the contract completion date, CONTRACTOR does hereby agree, as part of the consideration for the awarding of this contract, to pay to GEDA the amount of One Thousand Dollars $1,000.00 per calendar day thereafter, not as a penalty but as liquidated damages. The said amount is fixed and agreed upon by and between CONTRACTOR and GEDA because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages GEDA and the Government of Guam would in such event sustain.

It is further agreed that time is of the essence of each and every portion of this Contract and of

the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that CONTRACTOR shall not be charged with liquidated damages of any excess cost when the delay in completion of the work is due:

a. to any preference, priority or allocation order duly issued by GEDA. b. to Excusable Events; and

c. to any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this Article.

Provided further that CONTRACTOR shall, within seven (7) calendar days from the beginning of

delay give written notice as to the causes of the delay to the Contracting Officer, who will ascertain the facts and extent of the delay and notify CONTRACTOR within reasonable time of his decision in the matter.

CONTRACTOR must note that Guam by nature has frequent rainfall causing suspension of

work. Said suspensions shall NOT qualify for time extensions unless the weather is unusually severe.


80

ARTICLE 15. INDEMNITY, INSURANCE AND SAFETY

15.1. Indemnity.

15.1.1. Responsibility for Claims and Liabilities.

15.1.1.1. CONTRACTOR shall be responsible for all personal injury, wrongful

death or property damage resulting from the contractual breaches or negligent or intentional acts or omissions of CONTRACTOR, or CONTRACTOR’s consultants, subcontractors, agents, employees or other person or entity for whom CONTRACTOR is responsible.

15.1.1.2. To the full extent permitted by law, CONTRACTOR shall indemnify,

defend and hold harmless GEDA, the Government of Guam, and the PMO Consultant(collectively the “Additional Indemnitees”), from all claims, suits, damages, causes of action, costs of defense, including reasonable attorney fees, and judgments to the extent caused by the negligent or intentional acts, errors, mistakes, omissions or contractual breaches of CONTRACTOR, or CONTRACTOR’s consultants, subcontractors, agents, employees, or other persons or entities for whom CONTRACTOR is responsible arising under this Contract. This indemnification obligation shall not be limited by any insurance coverage.

15.1.1.3. The CONTRACTOR shall defend all actions or claims charging

infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by the CONTRACTOR and shall indemnify and hold harmless GEDA and all Additional Indemnitees from loss or damage resulting therefrom, including reasonable attorneys’ fees, unless such infringement claims arise solely out of the negligent acts or omissions of GEDA.

15.1.2. Hazardous Materials. Both parties acknowledge that CONTRACTOR’s services do not

include any services related to the presence of any hazardous or toxic materials. GEDA agrees, notwithstanding any other provision of this Contract, to save and hold harmless CONTRACTOR from any and all claims, demands or costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on, about or adjacent to the Project site.


81

15.2. Insurance. CONTRACTOR shall carry insurance as set forth below and as may be required by law, all in minimum amounts as set forth below by insurance carriers licensed to conduct business on Guam and having a financing rating of at least A‐ (Excellent) by A.M. Best, or Aa3 (Excellent) by Moody’s, or AA‐ (Strong) by Standard & Poors. Except for Workers’ Compensation, all such insurance shall name, by endorsement delivered and reasonably satisfactory to GEDA, as additional named insured, GEDA, the Government of Guam, the PMO Consultant, the Designer, and such other persons as GEDA may reasonably designate. Within ten (10) days of receiving notice of award and no later than thirty (30) days prior to expiration thereafter, CONTRACTOR shall provide GEDA with Certificates of Insurance certifying that all the insurance coverage required pursuant to this Section is in effect and providing that it shall not be cancelable or materially reduced except upon ninety (90) days’ written notice to GEDA of such proposed cancellation or reduction. The certificates of insurance, with respect to CONTRACTOR’s insurance described below, shall state that such coverage is primary and without right of contribution from any insurance carried by GEDA or the Government of Guam, or any other additional insured and that the liability assumed by the CONTRACTOR under this Contract (including, without limitation, the indemnity obligations under this Contract) has been specifically insured under the policies below, but such insurance in no way limits CONTRACTOR’s liability hereunder.

15.2.1. The CONTRACTOR shall maintain the following insurance. Any deductible and/ or self‐insured retention shall not exceed $250,000.

15.2.1.1. Commercial General Liability Insurance, including coverage for blanket

contractual liability broad form property damage, and personal injury, political risk, and products/completed functions. Such coverage shall have a minimum combined single limit of liability of at least One Million Dollars ($1,000,000.00) and a general aggregate limit of Two Million Dollars ($2,000,000.00).

15.2.1.2. Comprehensive Automobile Liability Insurance, including hired and non‐

owned vehicles, covering personal injury, bodily injury, and property damage in the amount of One Million Dollars ($1,000,000.00) combined single limit.

15.2.1.3. Workers’ Compensation Insurance in the amount of Guam statutory

requirement.

15.2.1.4. Professional Liability and Errors and Omissions Insurance written on a

claims made form with at least One Million Dollars ($1,000,000.00) per claim/annual aggregate limits (including contractual liability coverage with all coverages retroactive to the earlier of the date of this Contract or the commencement of the services in relation to the Project), covering personal injury, bodily injury, and property damages, said coverage to be maintained for a period of three (3) years after completion of final inspection by permitting authorities.


82

15.2.1.5 Risk insurance against all risks of physical loss and/or damage (subject to normal policy exclusions) to all Work Product, buildings, structures, materials and real property to be incorporated into and forming part of the Project, whether or not such Work Product, buildings, structures, materials or real property will have been supplied or made available to GEDA by the CONTRACTOR.

15.2.1.5.1. The Builder’s All Risk policy shall be endorsed to add all

Subcontractors, as named insured, as their interests may appear and to waive the carrier’s right of recovery under subrogation against all Subcontractors, whose interests are insured under such policy.

15.2.1.5.2. Claims under the Builder’s All Risk insurance provided shall

be subject to a deductible amount of $50,000 per occurrence. If claim results from any construction activity, the deductible amount herein shall be paid by the CONTRACTOR.

15.2.1.5.3. GEDA shall not be responsible for loss or damage to or

obtaining and/or maintaining in force insurance on temporary structures, construction equipment, tools or personal effects, owned by or rented to or in the care, custody and control of the CONTRACTOR or any Subcontractor.

15.2.1.5.4. The Builder’s All Risk policy shall be endorsed to waive the

carrier’s right of recovery under subrogation against GEDA and all GEDA representatives, whose interests are insured under such policy.

15.2.1.5.5. CONTRACTOR and GEDA waive all rights against each other

for all risk of loss to the extent covered by insurance provided under this Section. CONTRACTOR shall require similar waivers from Subcontractors.

15.2.1.6. Excess Liability Insurance with limits of Two Million Dollars ($2,000,000.00) or higher.

15.3. Safety. GEDA shall not be responsible for the safety, safety requirements and safety programs applicable to CONTRACTOR’s employees, consultants, subcontractors, and other parties with whom CONTRACTOR has contracted to perform the services to complete the Project. The CONTRACTOR shall report to GEDA and the PMO, in writing, any injury or accident at the Project site involving its employees, consultants, subcontractors, or other parties for whom it is responsible, within forty‐eight (48) hours or a shorter period of time if required by law. Oral notification is expected sooner, especially in the event of death or serious bodily injury. The CONTRACTOR shall not be responsible for the safety requirements or


83

programs applicable to other Government of Guam or GEDA contractors. The CONTRACTOR shall, however, promptly notify GEDA and the PMO, in writing, if it observes any construction activity or practice which the CONTRACTOR knows to be in violation of OSHA or other safety standards.

ARTICLE 16. CHANGE ORDERS

16.1. Change Order. The head of a Purchasing Agency, at any time, and without notice to the

sureties, in a signed writing designated or indicated to be a change order, may order:

16.1.1. changes in the work within the scope of this Contract; and 16.1.2. changes in the time for performance of this Contract that do not alter the scope of the

Contract.

16.2. Adjustments of Price or Time for Performance. If any such change order increases or decreases

the CONTRACTOR’s cost of, or the time required for, performance of any part of the work under this Contract, whether or not changed by the order, an adjustment shall be made and this Contract modified in writing accordingly. Any adjustment in contract price made pursuant to this clause shall be determined in accordance with the Price Adjustment Clause of this Contract. Failure of the parties to agree to an adjustment shall not excuse the CONTRACTOR from proceeding with the Contract as changed, provided that GEDA promptly and duly make such provisional adjustments in payments or time for performance as may be reasonable. By proceeding with the work, CONTRACTOR shall not be deemed to have prejudiced any claim for additional compensation, or an extension of time for completion.

16.3. Written Certification. CONTRACTOR shall not perform any change order in excess of $5,000

unless it bears, or CONTRACTOR has separately received, a written certification, signed by the Administrator that funds are available therefor; and, if acting in good faith, CONTRACTOR may rely upon the validity of such certification.

16.4. Time Period for Claim. Within thirty (30) days after receipt of a written change order under

Section 16.1 (Change Order) of this Article, unless such period is extended by the head of the Purchasing Agency in writing, CONTRACTOR shall file notice of intent to assert a claim for an adjustment. Later notification shall not bar CONTRACTOR claim unless the territory is prejudiced by the delay in notification.

16.5. Claim Barred After Final Payment. No claim by CONTRACTOR for an adjustment hereunder shall

be allowed if notice is not given prior to final payment under this Contract.

16.6. Claims Not Barred. In the absence of such a change order, nothing in this clause shall restrict CONTRACTOR’s right to pursue a claim arising under this Contract, if pursued in accordance with the clause entitled “Claims Based on Government Actions or Omissions” or for breach of contract.


84

ARTICLE 17. WARRANTIES

17.1. Scope of Warranty.

17.1.1. CONTRACTOR warrants that the Work, including without limitation, labor, materials,

equipment and its functionality and performance will be free from defects, conform to and meet the requirements of this Contract and the Contract Documents; and

17.1.2. That CONTRACTOR will furnish any separate guarantee or extended warranty for

CONTRACTOR’s Work, or portions thereof, required by this Contract or the Contract Documents.

17.2. CONTRACTOR’s Obligation. CONTRACTOR, at its own expense, in accordance with the

requirements of the Contract Documents and this Contract, shall repair or replace any portion of the Work which proves defective within one (1) year (or such longer period as may be specified in the Contract Documents, provided in any separate guarantee or extended warranty, or required by law) from the date of acceptance of the Work as defined in the Contract Documents and repair any damage to other work caused by the defect or the repair of the defect. If CONTRACTOR fails to begin or complete any repair or replacement within the time directed by GEDA, GEDA may undertake, but shall not be obligated for CONTRACTOR’s benefit to undertake, such repair or replacement at CONTRACTOR’s expense, as described in this Article and CONTRACTOR shall reimburse GEDA within ten (10) days of demand for any costs incurred, including an additional twenty percent (20%) for overhead.

17.3. GEDA May Correct Defective Work.

17.3.1. If CONTRACTOR fails to correct defective Work or to remove and replace rejected

Work, as required by GEDA in accordance with this Article, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, Owner may, ten (10) days after written notice to CONTRACTOR, correct and remedy any such deficiency. In the case of an emergency or other condition endangering life or property due to either defective work done or unsafe working condition established by the CONTRACTOR, GEDA may act immediately and without notice to CONTRACTOR to remedy the condition.

17.3.2. In exercising the rights and remedies under this paragraph, GEDA shall proceed

expeditiously. In connection with such corrective and remedial action, GEDA may exclude CONTRACTOR from all or part of the Project site, take possession of all or part of the Work and suspend CONTRACTOR services related thereto, and incorporate in the Work all materials and equipment stored at the Project site or for which GEDA has paid CONTRACTOR but that are stored elsewhere. CONTRACTOR shall allow GEDA, GEDA’s authorized representatives, agents and employees, GEDA’s other contractors, and the PMO, access to the Project site to enable GEDA to exercise the rights and remedies under this paragraph.

17.4. All claims, costs, losses, and damages including, but not limited to, all fees and charges of

engineers, architects, and other professionals and all attorney fees, disbursements and costs incurred or sustained by GEDA in exercising the rights and remedies under this Article will be charged against CONTRACTOR, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and GEDA shall be entitled to an appropriate decrease in the Contract


85

Price. If the parties are unable to agree as to the amount of the adjustment, GEDA may make an adjustment to the Contract Price as provided in Section 11.1.5. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR’s defective Work.

17.5. CONTRACTOR shall not be allowed an extension of the Contract Time (or milestones)

because of any delay in the performance of the Work attributable to the exercise by GEDA of GEDA’s rights and remedies under this Article.

ARTICLE 18. EMPLOYMENT OF APPRENTICES (Executive Order 2012‐04)

18.1. CONTRACTOR shall employ at least one (1) apprentice for every ten (10) workers for the

duration of the Project, and not less than one (1) apprentice for the Project. This requirement may only be waived if GEDA certifies in writing that no apprentice is available.

18.2. To qualify as an apprentice (“Qualified Apprentice”), the individual(s) must be enrolled in an

apprenticeship program approved or sponsored by the Department of Public Works, including but not limited to any apprenticeship programs registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, or the Guam Community College, or the Guam Contractors Association.

18.3. In lieu of Qualified Apprentices, GEDA may authorize CONTRACTOR to employ individuals

who will be supervised and engaged in on‐the‐job training (“OTJ Apprentice”). The number of OTJ Apprentices employed in lieu of a single Qualified Apprentice shall be determined by GEDA depending on the nature and size of the particular project.

18.4. Within seven (7) working days of CONTRACTOR’s execution of this Contract, CONTRACTOR

shall provide GEDA with the following information, certified as true and correct by an officer of CONTRACTOR. In the event of any change in the information provided, CONTRACTOR must provide GEDA with an updated certification within seven (7) working days of the change and an explanation for such change.

18.4.1. The total number of workers employed for the Project;

18.4.2. The name, position title, and name of approved or sponsored apprenticeship program

for each Qualified Apprentice or name, title and supervisor for each.

18.5. If CONTRACTOR is seeking to hire OTJ Apprentices in lieu of Qualified Apprentices,

CONTRACTOR must submit its request to GEDA within seven (7) working days of CONTRACTOR’s execution of this Contract with an explanation supporting CONTRACTOR’s request. If denied, CONTRACTOR shall employ Qualified Apprentices as required herein. If approved, GEDA shall advise CONTRACTOR of the number of OTJ Apprentices it shall employ in lieu of a single Qualified Apprentice and shall provide GEDA with the following information, certified as true and correct by an officer of CONTRACTOR, within seven (7) working days of CONTRACTOR’s receipt of GEDA’s approval. In the event of any change in the information provided, CONTRACTOR must provide GEDA with an updated certification within seven (7) working days of the change and an explanation for such change.


86

18.5.1. The total number of workers employed for the Project;

18.5.2. The name, position title, and name of approved or sponsored apprenticeship program

for each Qualified Apprentice, if any; and

18.5.3. The name, title and supervisor for each OTJ Apprentice.

18.6. If CONTRACTOR is seeking a waiver of its obligation to hire Qualified Apprentices,

CONTRACTOR must submit its request to GEDA within seven (7) working days of CONTRACTOR’s execution of this Contract with an explanation supporting CONTRACTOR’s request.

ARTICLE 19. INDEPENDENT CONTRACTOR

In the performance of this Contract, it is expressly understood that CONTRACTOR’s status is that of an independent contractor and not as an agent, partner, joint venturer or employee of GEDA or the Government of Guam. CONTRACTOR’s conduct shall be in accordance with that status. If CONTRACTOR is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

CONTRACTOR does not have, nor does it hold itself out as having, any right, power or authority to create any contract or obligation, either express or implied, on behalf of, in the name of, or binding upon GEDA, or to pledge GEDA’s credit, or to extend credit in GEDA’s name. In addition, nothing contained in this Contract shall be deemed or construed by the parties hereto, or by any third party, to create the relationship of principal and agent, or a partnership or a joint venture, or of any association between GEDA and CONTRACTOR.

ARTICLE 20. WAGE DETERMINATION (5 G.C.A. Article 13)

20.1. CONTRACTOR shall pay its employees whose purpose in whole or in part is the direct

delivery of services in accordance with the Wage Determination applicable to this Contract.

20.2. In addition to the subsection above, CONTRACTOR shall pay said employees health and

similar benefits having a minimum value as detailed in the Wage Determination, and shall pay them a minimum of ten (10) paid holidays per year.

20.3. CONTRACTOR is advised that the Guam Department of Labor, or its successor, shall monitor

compliance with the provisions of 5 G.C.A. Article 13, Wage and Benefit Determination. The Director of the Department of Labor, or that person’s successor, shall investigate possible or reported violations of the provisions of the law, and shall forward such findings to GEDA. The Department of Labor, or its successor, shall promulgate rules and regulations, pursuant to the Administrative Adjudication law, as needed to ensure the equitable investigation of violations and the maintenance of due process, as well as the assessment of any monetary penalties in the event of a violation, providing that such monetary penalties shall be limited to assessment of no less than One Hundred Dollars ($100.00) per day, and no more than One Thousand Dollars ($1,000.00) per day, until such time as a violation has been corrected, as well as the payment of all back wages and benefits due.


87

20.4. In the event there is a violation, CONTRACTOR may be placed on probationary status by the Chief Procurement Officer of the General Services Agency, or its successor, for a period of one (1) year. During the probationary status, CONTRACTOR shall not be awarded any contract by any instrumentality of the Government of Guam. In the event CONTRACTOR is placed on probationary status, or has been assessed a monetary penalty pursuant to 5 GCA Article 13, CONTRACTOR may appeal such penalty or probationary status to the Superior Court of Guam.

20.5. CONTRACTOR has submitted a Declaration of Compliance in with Wage Determination laws

with the most recent Wage Determination promulgated by the U.S. Department of Labor attached.

20.6. Upon any renewal of this Contract, GEDA and CONTRACTOR agree that the Wage Determination

promulgated by the U.S. Department of Labor on a date most recent to the renewal shall apply to this Contract.

ARTICLE 21. MISCELLANEOUS PROVISIONS

21.1. Labor and Materials. The CONTRACTOR shall secure, at the CONTRACTOR’s own expense, all

personnel, materials, and equipment required to perform this Contract. The CONTRACTOR shall ensure that the CONTRACTOR’s employees or agents are experienced and fully qualified to engage in the activities and perform the services required under this Contract, and that all applicable licensing and operating requirements imposed or required under the federal or Guam law, and all applicable accreditation and other standards of quality generally accepted in the field of the activities of such employees and agents are complied with and satisfied.

21.2. Defective Work. Any errors that may be discovered before the completion of any phase or

within such time as required by this Contract shall be fixed by the CONTRACTOR to conform to the spirit and the intent of the specifications and contract. The fact that GEDA or its representatives may have overlooked defective work shall not constitute the acceptance of work. NO PAYMENT, WHETHER PARTIAL OR FINAL, SHALL BE CONSTRUED TO BE AN ACCEPTANCE OF DEFECTIVE WORK OR IMPROPER MATERIALS.

21.3. Document Errors. CONTRACTOR is liable for document errors and damages (added costs) to

GEDA and/or the GOVERNMENT as a result of negligent performance and for correcting any errors or omissions in the drawings, specifications, designs, or other services furnished by the CONTRACTOR. Corrections are to be at no cost to GEDA.

21.4. Cooperation with Other Government Agencies and Contractors. Formal communication

between CONTRACTOR and personnel of other governmental agencies or other contractors of GEDA shall be conducted through the Administrator. On a case‐by‐case basis, the Administrator may direct the CONTRACTOR in writing to work directly with personnel of other contractors or Government agencies.

21.5. Prohibition Against Liens. CONTRACTOR acknowledges that the Project is to proceed as a no‐

lien project in accordance with the laws of Guam regarding public projects. No party, therefore, shall have the right to assert a mechanics or other lien as against the Project and the CONTRACTOR shall indemnify and hold harmless GEDA for all cost, expenses and attorney fees, should such a lien be asserted on its behalf or by its Consultants or any other entity for whom the CONTRACTOR is responsible.


88

21.6. Venue and Governing Law. CONTRACTOR hereby specifically consents to the exclusive

jurisdiction and forum of the Superior Court of Guam with respect to any and all claims which may arise

hereunder and waives any and all rights it may otherwise have had to contest the same or to proceed in a

different jurisdiction or forum. This Contract shall be governed by and construed in accordance with the laws of

Guam.

21.7. Compliance with Laws. CONTRACTOR shall comply with all applicable Federal, and Guam

laws, statutes and ordinances, and with all legal and applicable regulations or orders of any governmental department, board, bureau or agency having jurisdiction over the subject of this Contract.

21.8. Other Contracts. GEDA or the Government may award other contracts for additional work, and

CONTRACTOR shall fully cooperate with such other contractors and carefully fit the work to that provided under other contracts as may be directed by the Administrator. CONTRACTOR shall not commit or permit any act which will interfere with the performance of work by any other contractor.

21.9. Disputes.

21.9.1. GEDA and CONTRACTOR agree to attempt resolution of all controversies which arise

under, or are by virtue of, this Contract through mutual agreement. If the controversy is not resolved by mutual agreement, then the controversy shall be decided by GEDA in writing within sixty (60) days after CONTRACTOR shall request GEDA in writing to issue a final decision. If GEDA does not issue a written decision within sixty (60) days after written request for a final decision, or within such longer period as may be agreed upon by the parties, then CONTRACTOR may proceed as though GEDA had issued a decision adverse to CONTRACTOR.

21.9.2. GEDA shall immediately furnish a copy of the decision to CONTRACTOR by certified

mail with a return receipt requested, or by any other method that provides evidence of receipt.

21.9.3. GEDA’s decision shall be final and conclusive, unless fraudulent or unless CONTRACTOR appeals the decision as follows:

(i) For disputes involving money owed by or to GEDA under this Contract, CONTRACTOR appeals the decision in accordance with the Government Claims Act by

filing a government claim with GEDA no later than eighteen months after the decision is rendered by GEDA or from the date when a decision should have been rendered.

(ii) For all other disputes arising under this Contract, CONTRACTOR files an

appeal with the Office of the Public Accountability pursuant to 5 G.C.A. §§ 5706(a) and 5427(e) within sixty days of GEDA’s decision or from the date the decision should have been made.

21.9.4. CONTRACTOR shall exhaust all administrative remedies before filing an action in the

Superior Court of Guam in accordance with applicable laws.


89

21.9.5. CONTRACTOR shall comply with GEDA’s decision and proceed diligently with performance of this Contract pending final resolution by the Superior Court of Guam of any controversy arising under, or by virtue of, this Contract, except where CONTRACTOR claims a material breach of this Contract Agreement by GEDA. However, if GEDA determines in writing that continuation of services under this Contract is essential to the public’s health or safety, then CONTRACTOR shall proceed diligently with performance of the Contract notwithstanding any claim of material breach by GEDA.

21.10. Contract Binding Upon Parties, Successors. It is agreed that this Contract and all of the

covenants hereof shall inure to the benefit of, and be binding upon, GEDA and CONTRACTOR and their respective successors and assigns as permitted.

21.11. Notices, Correspondence and Payments. All notices, correspondence, demands, requests,

instructions, approvals, proposals and claims must be in writing. Unless otherwise provided for by law, all notices required to be sent to either party hereunder shall be sent to the parties at the address stated below, either by mail, delivered personally, or by facsimile and confirmed by mail. Service by mail shall be by certified mail, return‐receipt requested, postage pre‐paid and shall be deemed effective ten (10) days after mailing or on the date actually received, whichever is earlier. Service by personal delivery shall be deemed effective on delivery and service by facsimile shall be deemed effective from the date of facsimile.

For GEDA: Administrator

Guam Economic Development Authority ITC Building, Suite 511 590 South Marine Corps Drive Tamuning, Guam 96931 Tel: (671) 647‐4332 Facsimile: (671) 649‐4146

For CONTRACTOR: Attn: [NAME]

[NAME OF COMPANY] [ADDRESS] Tel: Facsimile:

Each party may change its designated address by serving notice, in writing, on the other party as provided above.

21.12. Subcontractors. CONTRACTOR shall not be permitted to subcontract any portion of this

Contract without the prior written consent of GEDA. CONTRACTOR shall file a copy of all subcontracts with GEDA. GEDA’s approval of a subcontract shall not, in any event, relieve CONTRACTOR of its responsibility under this Contract. CONTRACTOR shall not assign any of its interests or obligations hereunder without the prior written consent of GEDA. Any attempted assignment or subcontract without the prior written consent of GEDA shall be void. Where a subcontract is permitted, CONTRACTOR agrees to bind every subcontractor by the terms of this Contract and all Contract Documents. Nothing in this Contract or the Contract


90

Documents shall be construed as creating any contractual relation between any subcontractor and GEDA.

21.13. Severability. If a provision of this Contract, or the application thereof to any person or

circumstances is rendered or declared illegal for any reason or shall be invalid or unenforceable, the remainder of this Contract and the application of such provision to other persons or circumstances shall not be affected thereby but shall be enforced to the greatest extent permitted by applicable law. The parties agree to negotiate in good faith for a proper amendment to this Contract in the event any provision hereof is declared illegal, invalid, or unenforceable.

21.14. Entire Agreement. This Contract and the Contract Documents as identified in Article 3,

constitute the entire agreement between the parties, and no prior or contemporaneous written or oral promises, representations or assurances shall be deemed to alter the provisions hereof.

21.15. Attorneys’ Fees and Costs. If GEDA retains an attorney or attorneys to enforce any of the

provisions of this Contract, or to protect its interest in any matter arising under this Contract, or to recover damages for the breach thereof, or GEDA commences an action for any of the foregoing reasons or to resolve any dispute relating to this Contract, and GEDA prevails, then GEDA shall be entitled to recover from CONTRACTOR, GEDA’s reasonable attorneys’ fees, costs and expenses incurred in connection with any such action. If CONTRACTOR retains an attorney or attorneys regarding this Contract, any recovery of attorneys’ fees, costs or expenses from GEDA by CONTRACTOR is limited by and subject to the Government Claims Act and any other applicable Law.

21.16. Remedies. Any dispute arising under or out of this contract is subject to the provisions of

Chapter 9 (Legal and Contractual Remedies) of the Guam Procurement Regulations.

[SIGNATURES ON FOLLOWING PAGE]


91

IN WITNESS WHEREOF the parties hereto have executed this Contract on the dates written by their respective signatures. GUAM ECONOMIC DEVELOPMENT AUTHORITY

By: MANA SILVA TAIJERON

Acting Administrator Date: CERTIFIED FUNDS AVAILABLE: GUAM ECONOMIC DEVELOPMENT AUTHORITY

[NAME OF COMPANY]

By: Name: Title: Date: BUREAU OF BUDGET AND MANAGEMENT RESEARCH

By:

BERNICE TORRES

Certifying Officer Source: Hotel Occupancy Revenue Bonds,

Series 2011A Acct. No. 5251D129962CT204450

By:

JOSE CALVO Director

Amount: $XXXXXXXX

Acct. No. 5251D129962CT215450

Date:

Amount: $XXXXXXXX

Date:

APPROVED AS TO LEGALITY AND FORM: OFFICE OF THE ATTORNEY GENERAL ELIZABETH BARRETT‐ANDERSON, ATTORNEY GENERAL OF GUAM

By:

ELIZABETH BARRETT‐ANDERSON Attorney General of Guam

Date:

APPROVED: GOVERNOR OF GUAM

EDWARD J.B. CALVO

Date:


92

EXHIBIT A‐ GENERAL PROJECT SCOPE

Provide labor, materials and equipment for the construction of pedestrian crosswalks at the DFS Galleria Intersection crosswalks on Pale San Vitores Road, Tumon. Construction consist of improving pedestrian traffic with new crosswalks and upgrades to existing crosswalks. Installation and improvements include but are not limited to placement of crosswalk striping, installation of bollards, railings and improvement to traffic signalization. Construction period is 120 calendar days, upon receipt of Notice to Proceed. Provide labor, materials and equipment for the construction of two (2) 45’ concrete span‐wire poles alongside Route 1 near the Chamorro Village, Hagåtña. Construction consists of excavations, archeological monitoring and possible data recovery of historical findings coinciding within the two (2) pole excavations, augering for pole foundations, erection of concrete span‐wire poles, and construction of the pole foundations in order to provide supports for a future span‐wire traffic signal pole and pedestrian crosswalk across Route 1.


93

EXHIBIT B – PROJECT SCHEDULE

MILESTONE: DEADLINE:

Project Start Upon NTP

Submission of Contractor’s Schedule and Submittals as required by Project Documents NTP + 7 Calendar Days

Permits Obtained NTP + 30 Calendar Days

Construction Start NTP + 35 Calendar Days

Completion of Chamorro Village Crosswalk Work NTP + 60 Calendar Days

Substantial Completion Crosswalks at DFS Galleria Intersection, Tumon

NTP + 110 Calendar Days

Approved Inspection by Permitting Authorities NTP + 115 Calendar Days

Punch List Completion NTP + 120 Calendar Days

Close‐Out Documentation Complete Twenty (20) working days after Punch List Completion


94

EXHIBIT C ‐ PAYMENT SCHEDULE

[TO BE INSERTED]


95

ATTACHMENT H: PERFORMANCE BOND

PERFORMANCE BOND

BOND NO.

KNOW ALL MEN BY THESE PRESENTS that

(Name of Contractor), a (type of entity) formed under the laws of and authorized to transact business on Guam, whose address is

hereinafter called “Contractor,” as Principal, and

(NAME OF SURETY),a (type

of entity) formed under the laws of the State of , and authorized to transact business on Guam, as Surety, hereinafter called “Surety,” are held and firmly bound unto the GUAM ECONOMIC DEVELOPMENT AUTHORITY AND GOVERNMENT OF GUAM, as Obligee, hereinafter collectively called the “Authority,” in the amount of

Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Contractor has by written agreement dated , 20 , entered into a

Contract with the Authority for

IFB NO.15‐003

FOR THE CONSTRUCTION OF CROSSWALKS AT THE DFS GALLERIA INTERSECTION, TUMON AND THE CHAMORRO VILLAGE, HAGATNA

in accordance with the plans, drawings, and specifications prepared by Lyon Associates, Inc., which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall promptly and faithfully perform the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety hereby waives notice of any alteration or extension provided the same is within the scope of the Contract. Whenever Contractor shall be and is declared by the Authority to be in default under the Contract, the Authority having performed its obligations thereunder, Surety may promptly remedy the default or shall promptly:

1. Complete the Contract in accordance with its terms and conditions; or

2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,

and upon determination by the Authority and Surety, jointly, of the lowest responsive,


96

responsible bidder, arrange for a contract between such bidder and the Authority, and make available as work progresses (even through there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price, but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price,” as used in this paragraph, shall mean the total amount payable by the Authority to Contractor under the Contract and any amendments thereto, less the amount properly paid by the Authority to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Authority or successor of the Authority.

SIGNED AND SEALED this day of , 20 .

IN THE PRESENCE OF: (Note: If the Principal is a partnership, each partner must execute the Bond)

CONTRACTOR: Witness:

By:


By: Witness:

Name: Name: Title: Title: SURETY SURETY By:

Name: Name: Title: Title: RESIDENTIAL GENERAL AGENT By:

Name:

Title:


97

ATTACHMENT I: LABOR AND MATERIAL PAYMENT BOND

LABOR AND MATERIAL PAYMENT BOND BOND NO. KNOW ALL MEN BY THESE PRESENTS that (Name of Contractor), a (type of entity) formed under the laws of and authorized to transact business on Guam, whose address is as Principal, hereinafter called “Principal,” and (NAME OF SURETY), a (type of entity) formed under the laws of the State of , and authorized to transact business on Guam, as Surety, hereinafter called “Surety,” are held and firmly bound unto the Guam Economic Development Authority and Government of Guam, as Obligee, hereinafter collectively called “Authority,” for the use and benefit of claimants as herein below defined, in the amount of Dollars ($ ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has by written agreement dated , 2014, entered into a contract with the Authority for:

IFB NO.15‐003

FOR THE CONSTRUCTION OF CROSSWALKS AT THE DFS GALLERIA INTERSECTION, TUMON AND THE CHAMORRO VILLAGE, HAGATNA

In accordance with technical documents prepared by Lyon Associates, Inc., which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions:

1. A claimant is defined as one having a direct Contract with the Principal or with a subcontractor of the

Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract.

2. Principal and Surety hereby jointly and severally agree with the Authority that every claimant as

hereinafter defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Authority shall not be liable for the payment of any costs or expenses of any such suit.


98

3. No suit or action shall be commenced hereunder by any claimant:

a. Unless claimant, other than one having a direct Contract with the Principal, shall have given

written notice to any two of the following: The Principal, the Authority, or the Surety, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be personally served or served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Authority or Surety, at any place where an office is regularly maintained for the transaction of business.

b. After the expiration of one (1) year following the date on which the last of the labor was performed or material was supplied by the party bringing suit.

c. Other than in a court of competent jurisdiction in Guam. d. The amount of this bond shall be reduced by and to the extent of any payment or payments

made in good faith hereunder, inclusive of the payment by Surety of mechanics’ liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond.

SIGNED AND SEALED this day of , 20 . IN THE PRESENCE OF: (Note: If the Principal is a partnership, each partner must execute the Bond)

PRINCIPAL: Witness:

By:


By: Witness:

Name: Name: Title: Title: SURETY SURETY By:

Name: Name: Title: Title: RESIDENTIAL GENERAL AGENT By:

Name:

Title:


99

ATTACHMENT J: ACKNOWLEDGEMENT OF RECEIPT FORM

GUAM ECONOMIC DEVELOPMENT AUTHORITY

Please acknowledge receipt of

IFB NO.15‐003 FOR THE CONSTRUCTION OF CROSSWALKS AT THE DFS GALLERIA INTERSECTION, TUMON AND THE CHAMORRO VILLAGE, HAGATNA

Name of Prospective Offeror Name of Person Receiving IFB Signature Date

Time Contact Person regarding IFB Company/Firm Title

E‐mail Address Contact Number

Fax Number Address

Alternate Contact Information: Name/Title

E‐mail Address Contact Number

Fax Number


100

ATTACHMENT K: TECHNICAL DRAWING LIST

LIST OF TECHNICAL DRAWINGS SHEET DESCRIPTION DATE

T‐01 TITLE CROSSWALKS AT THE DFS GALLERIA INTERSECTION, TUMON 10/29/2015

C‐01 GENERAL NOTES, LEGEND, & ABBREVIATIONS 10/29/2015

C‐02 SITE LAYOUT PLAN ‐ 1 10/29/2015

C‐03 SITE LAYOUT PLAN ‐ 2 10/29/2015

C‐04 TRAFFIC CONTROL PLAN, PHASE 1 & 2 10/29/2015

C‐05 TRAFFIC CONTROL PLAN, PHASE 3 10/29/2015

C‐06 TRAFFIC CONTROL PLAN, PHASE 4 10/29/2015

C‐07 DETAILS ‐ 1 10/29/2015

C‐08 DETAILS ‐ 2 10/29/2015

E‐01 NOTES, LEGEND AND DETAILS 10/29/2015

E‐02 ELECTRICAL SITE PLAN PARTIAL 10/19/2015

E‐03 SITE B ELECTRICAL SITE PLAN PARTIAL 10/19/2015

P‐01 POLE LOCATION AND FOUNDATION PLAN‐CROSSWALKS AT THE CHAMORRO VILLAGE, HAGATNA

11/23/2015

***End***


101

ATTACHMENT L: DRAWINGS, PLANS AND SPECIFICATIONS

Method of Receipt Found At

Pick‐up or Mail CD labeled: GEDA IFB 15‐003 – CONSTRUCTION OF CROSSWALKS AT THE DFS GALLERIA INTERSECTION, TUMON AND THE CHAMORRO VILLAGE, HAGATNA

Download www.investguam.com


102

ATTACHMENT M: PROJECT GENERAL CONDITIONS

See Attached.

Luisito

New Stamp

Luisito

New Stamp

TECHNICAL SPECIFICATIONS

FOR

CROSSWALKS AT DFS GALLERIA INTERSECTION,TUMON

AND AT CHAMORRO VILLAGE, HAGATNA

PREPARED BY:

LYON ASSOCIATES INC. 137 Murray Blvd., Suite 203

Hagatna, Guam 96910 USA Call: (671) 473-5966

SUPPLEMENTED BY:

Parsons Brinckerhoff, Inc. 590 South Marine Corps Drive, Suite 421

Tamuning, Guam

December 7, 2015

Crosswalks at Chamorro Village, Hagatña 100% PROGRESS and the DFS Galleria Intersection, Tumon September 04, 2015

________________________________________________________________________

SECTION 02 05 00 DEMOLITION AND REMOVAL - PAGE 2 OF 2

TABLE OF CONTENTS

DIV 02 EXISTING CONDITIONS 02 05 00 Demolition and Removal 02 20 00 Clearing and Grubbing of Site 02 30 00 Earthwork 02 74 00 Asphalt Concrete Pavement 02 75 05 Aggregate Base Course 02 75 20 Prime Coat 02 75 30 Tack Coat 02 75 80 Portland Cement Concrete Sidewalk, Curbs, and Gutters 02 80 10 Pavement Markings 02 89 00 Regulatory, Information, and Warning Signs 02 92 00 Lawns and Grasses DIV 03 CONCRETE 03 30 00 Concrete

-- END OF TABLE OF CONTENTS -

Crosswalks at DFS Galleria Intersection, Tumon October 30, 2015


SECTION 02 05 00

DEMOLITION AND REMOVAL 1.0 PART 1 - GENERAL 1.01 WORK INCLUDED

A. Accomplish all demolition, removal, and related work indicated on or required by the drawings, and as specified herein.

B. Work shall include, but not be limited to the following:

1. All demolition works shall be as indicated on the Drawings.

2. Clearing and disposing of all debris, rubbish, junk

and miscellaneous items.

C. Temporary Environmental Controls shall be implemented prior to commencing demolition work.

1.02 GENERAL REQUIREMENTS

A. It shall be the responsibility of the Contractor to examine the project site and determine for himself the existing conditions.

B. Obvious conditions which exist on the site shall be

accepted as part of the work, even though they may not be clearly indicated on the drawings and/or described herein, or may vary there from.

C. All debris of any kind accumulated from the work of this

section shall be disposed of off the site. D. Burning of any debris on site will not be permitted. E. Permits and Notices

1. The Contractor shall apply for and obtain all necessary permits or certificates that may be required in connection with this work. The Contractor shall pay for fees required by other regulatory agencies.

2. The Contractor shall serve proper notice and consult with the Guam Economic Development Authority Representative regarding any temporary disconnections of utility lines in the area which may interfere with the removal work, and all such lines where necessary



shall be properly disconnected before commencing with the work.

3. The Contractor shall complete and submit a

Notification of Demolition to the Guam EPA 10 working days prior to the start of any demolition activities.

F. Protection: Throughout the work, protection shall be

provided for all roads, walks, property, etc., scheduled to remain. Safe working conditions shall be maintained at all times for all personnel, and temporary lights and barricades shall be provided and maintained.

G. Work shall be done in accordance with the Guam EPA

requirements. 2.0 PART 2 - PRODUCTS (Not Used) 3.0 PART 3 – EXECUTION

3.01 DEMOLITION AND REMOVAL A. All work shall be executed in an orderly and careful

manner, with due consideration for all items to remain, and the Contractor shall be strictly responsible for any damage thereto.

B. Water facilities shall be available and in operating

condition at all times. All dust, shall be suppressed by a fog spray or other approved method.

C. Demolish and remove existing asphalt paving, curbs, curb

ramps, sidewalks, driveways, landscape, and other obstructions or encumbrances of any kind or character as indicated on the drawings. Any active sanitary, water, drainage, electrical, etc., lines, vaults, boxes and manholes, shall be preserved and protected.

3.02 PROCEDURES

A. The procedures and the timetable proposed for the demolition work shall be submitted to the Guam Economic Development Authority for approval prior to the start of the work. The procedures shall provide for safe conduct of the work, careful removal and disposition of materials, protection of property which is to remain undisturbed, coordination with other work in progress. The procedures shall include a description of the method and equipment to be used for each operation and the sequence of each operation. Contractor shall be responsible for the restoration of any utility disconnected for this work.



3.03 DUST CONTROL

A. The amount of dust resulting from the demolition of existing asphalt concrete pavement, curb, curb ramp, landscape, sidewalks and driveways, shall be controlled to prevent the spread of dust and to avoid creation of a nuisance in the surrounding area. Use of water will not be permitted when it will result in, or create, a hazardous condition such as flooding, pollution, or contamination of surrounding air or soil.

3.04 LIMITS OF DEMOLITION

A. The Limits of Demolition shall be as directed on the Demolition Plans; however, work outside the Limits of Demolition necessary to complete the project shall be included.

3.05 BARRICADE

A. Erect temporary barricade as required, to prevent people and animals from entering the project area to the extent as approved by the Engineer. Such barricade shall not be less than 5'-0" in height. The extent of barricade may be adjusted as necessary with the approval of the Engineer. Barricade shall be removed upon completion of work, and job site premises left clean and operational.

3.06 MAINTAINING TRAFFIC

A. The Contractor shall conduct operations with minimum interference to streets, driveways, sidewalks, etc.

B. When necessary, the Contractor shall provide, erect and maintain lights, barriers, etc., as required by traffic and safety regulations with special attention to protection of life

3.07 CLEAN UP

A. Debris and rubbish shall be removed from the site daily.

Debris and rubbish shall not be allowed to accumulate on site. Debris shall be removed and transported in a manner that will prevent spillage on streets or adjacent areas.

END OF SECTION


SECTION 02 20 00 CLEARING AND GRUBBING OF SITE - PAGE 1 OF 1

SECTION 02 20 00

CLEARING AND GRUBBING OF SITE 1.0 PART 1 - GENERAL 1.01 SUMMARY

A. This section covers the requirements for clearing and grubbing, within the areas shown on the plan or as directed by the GEDA Representative. The above work shall include the removal and disposal of designated trees outside the clearing limits. Also included is the protection from injury or defacement of trees and other objects designated to remain and treatment or removal of damaged trees.

2.0 PART 2 – PRODUCTS (Not Used) 3.0 PART 3 - EXECUTION

3.01 PRESERVATION OF PROPERTY

The areas to be cleared and grubbed shall be to the dimensions shown on the Drawings. Every precaution shall be taken to prevent injury to such growth as well as adjacent property line of the project site.

3.02 CLEARING

The natural ground within the limits of the property lines shall be cleared of all obstructions interfering with the proposed work.

3.03 GRUBBING

Grubbing shall consist of the removal and disposal of stumps, matted roots, from the designated grubbing areas. Depressions made by grubbing shall be filled with satisfactory or suitable material and compacted to make the surface conform to the original adjacent surface of the ground.

3.04 REMOVAL AND DISPOSAL OF MATERIAL

All materials cleared shall be hauled away from the site

and disposed of by the Contractor. No materials shall be dumped on private or public property without proper authority.

END OF SECTION


SECTION 02 30 00 EARTHWORK - PAGE 1 OF 8

SECTION 02 30 00

EARTHWORK

1.0 PART 1 - GENERAL 1.01 SUMMARY: This section provides for furnishing of all

labor, materials and equipment necessary to perform all earthworks indicated on the drawings and specified herein.

2.0 PART 2 - PRODUCTS

2.01 MATERIALS

A. Material imported or excavated on the property may be utilized in the fill, provided each material conforms to the specifications herein. Roots, tree branches, and other deleterious materials missed during clearing operations shall be removed from the fill. Fill material shall be non-expansive soil with a plasticity index not greater than 20. It shall be free of rocks and soil clumps greater than 3 inches in maximum dimension and free of organic and other deleterious materials. The deeper natural soils with moisture contents considerably above optimum level shall be aerated or other satisfactory methods to achieve optimum water content and adequate compaction levels.

B. Rock fragments less than 3 inches in maximum dimension may be utilized in the fill, provided:

1. They are not nested, i.e., placed in concentrated pockets.

2. There is sufficient fine-grained material to

surround the rocks. 3. The distribution and location of the rocks are

such that they will not adversely affect the future construction.

A. Rocks larger than 3 inches in maximum dimension shall

be taken offsite or placed in the deeper fill areas suitable for rock disposal. In no case, however, shall these rocks be placed within 3 feet of the finish grade or subgrade or have a minimum soil cover less than the diameter of the rock, whichever is greater. The rocks should not be nested in concentrated pockets.



B. Material that is spongy, subject to decay or otherwise considered unsuitable shall not be used in the compacted fill.

C. Representative samples of the materials to be utilized as compacted fill shall be tested in the laboratory by the Soils Engineer to determine their physical properties. Samples of the proposed materials shall be submitted to the Engineer at least seven working days prior to its intended job site delivery.

3.0 PART 3 - EXECUTION

3.01 CONTRACTOR'S AND SOILS ENGINEER'S RESPONSIBILITIES

A. The Soils Engineer when designated is the Engineer’s earthwork representative on the project. For the purpose of these specifications, inspection by the Soils Engineer includes that monitoring and testing performed by any person or persons employed by and responsible to, the licensed Civil Engineer signing the Grading Report.

B. The words "supervision," "inspection" or "control" shall mean periodic observation of the work (and the taking of soil tests as deemed necessary) by the Soils Engineer for substantial compliance with plans, specifications and design concepts.

C. The presence of the field representative will be for the purpose of providing observation and field testing. The service does not include supervision or direction of the actual work of the Contractor, his employees or agents. The Contractor should also be informed that neither the presence of the field representative nor the observation and testing shall excuse him in any way for defects discovered in his work, nor relieve the Contractor from his responsibility for the performance of the Work in strict accordance with the Contract Documents. It is understood that the Soils Engineer will not be responsible for job or site safety on this project. Job and the site safety will be the sole responsibility of the Contractor.

D. All clearing, site preparation or earthwork performed on the project up to the approximate finish grade or



sidewalk and walkway subgrades shall be conducted by the Contractor under the inspection of the Soils Engineer.

E. It is the Contractor's responsibility to prepare the ground surface to receive the fills and to place, spread, mix, moisture condition, and compact the fill in accordance with the specifications herein. The Contractor shall also remove all unsuitable and deleterious materials.

F. It is also the Contractor's responsibility to have suitable and sufficient compaction equipment on the job site to handle the amount of fill being placed. If necessary, excavation equipment shall be shut down to allow completion of compaction. Sufficient watering apparatus will also be provided by the Contractor with due consideration for the fill material, rate of placement, and the time of year.

G. To the extent required by the contract, between the Engineer and Soils Engineer It is the responsibility of the Soils Engineer to promptly notify both the Contractor and the GEDA Representative verbally of any failing compaction tests and the results of such tests to the extent the tests show a lack of compliance with specifications. These items shall also be documented by the Soils Engineer.

3.02 SITE PREPARATION

A. All vegetation and deleterious materials such as rubbish shall be cleared and disposed of offsite. This removal shall be completed prior to excavating and filling.

B. Soil, alluvium or rock materials determined as being unsuitable for placement in compacted fill shall be removed and wasted offsite. Any material incorporated as a part of the compacted fill may be rejected by the Soils Engineer. Organically contaminated topsoil shall be stripped prior to actual grading.

C. After the ground surface to receive fill has been cleared, it shall be scarified, bladed as necessary by the Contractor until it is uniform and free of ruts, hollows, hummocks or other uneven features which may



prevent uniform compaction. Rocks larger than 6 inches in diameter encountered within 6 inches of the final subgrade of finish grade shall be removed and the resulting depression backfilled and compacted with approved material.

D. The scarified ground surface shall then be brought to near optimum moisture content, mixed as required, and compacted as specified. If the scarification exceeds 12 inches in depth, the excess shall be removed and replaced in lifts not exceeding 6 inches compacted thickness. Compaction shall be a minimum of 95 percent relative compaction as determined by ASTM D1557 for all areas unless otherwise specified.

E. Any abandoned underground structures such as pipelines, or others not located prior to grading are to be removed and the resulting depression backfilled and compacted in accordance with these specifications.

F. Where soft or unstable conditions are encountered during these operations, the Soils Engineer shall be notified immediately so that supplemental recommendations can be made prior to the commencing of fill placement.

3.03 COMPACTED FILLS

A. Material used in the construction of the fill embankments shall be evenly spread; moisture conditioned to near the optimum moisture content and compacted in approximately level lifts to obtain a uniformly dense layer. The fill shall be placed and compacted on a horizontal plane with sufficient gradient to prevent ponding of water in the fill. Saturation and subsequent "pumping" of the fill due to inclement weather and lack of drainage shall require scarification and recompaction of the material by the Contractor at the Contractor's expense.

B. Except where the finish grade or subgrade has been

attained, should the selected type of compaction equipment result in a sufficiently polished surface after compaction to prevent proper bonding of subsequently placed fill materials, shallow scarification of this surface shall be completed.

C. If the moisture content or dry density varies from that

specified, the Contractor shall rework the fill until the specified levels of compaction and moisture content



are attained. Additional fill material shall not be placed on any fill layer which has not been properly compacted. Subsequent removal of any unacceptable layer shall be done at the Contractor's expense.

D. Fill material placed within 24 inches of the final

sidewalk and walkway grade or subgrade shall be compacted to 95 percent of the maximum density in maximum compacted lift thickness of 6 inches as determined by ASTM D1557. Fill material placed below a depth of 24 inches from the final grade or subgrade or in areas other than sidewalk and walkway shall be compacted in uniform lifts of no more than 6 inches to 95 percent of the materials' maximum dry density. In any event, the required levels of compaction shall be obtained throughout the full depth and width of each fill layer.

E. The Contractor shall be required to obtain the above specified levels of compaction out to the finish slope face of fill slopes. This may be achieved by both overbuilding the slope and cutting back to the compacted core, or by direct compaction of the slope face with suitable equipment, or by any other procedure which produces the required compaction.

F. If a method other than overbuilding and cutting back to

the compacted core is to be employed, slope tests will be made by the Contractor’s Soils Engineer during construction of the slopes to determine if the required compaction is being achieved.

G. If the method of achieving the required slope

compaction selected by the Contractor fails to produce the necessary results, the Contractor shall rework or rebuild such slopes until the required degree of compaction is obtained, at no additional cost to the GEDA.

H. Fill placed against previously graded cut or fill

slopes shall be properly keyed through topsoil or loose slope material into firm material, and the transition stripped of loose material prior to fill placement. Fill shall be placed and compacted from the low side up

I. All fill slopes should be planted or protected from

erosion. J. Install sub drains if perched water is encountered

during excavation. The sub drain out shall be connected to catch basin or day lighted to drain.

3.04 EXCAVATIONS



A. Excavated onsite materials may be utilized as compacted

fills as specified in SECTION 023000 – EARTHWORK – PART 2 - PRODUCTS.

B. Subgrade materials that are determined to be unsuitable

or unsatisfactory for its intended use shall be over excavated to such depth and width as required by the field conditions.

C. Boulders exceeding 6 inches in diameter shall be removed or broken to a minimum depth of 6 inches below the lot pad or roadway subgrade for the full width of these items.

D. Materials determined to be unsuitable shall be wasted offsite.

E. Over excavated areas, whether due to Contractor's error

or the encountering of unsuitable materials, shall be brought back up to grade with approved fill materials, uniformly compacted to 95 percent relative compaction as determined by ASTM D1557 in maximum compacted lifts of 6 inches.

F. Compaction of the cut subgrade shall be to 95 percent

of the material's maximum dry density for a minimum depth of 6 inches except in roadway areas where the subgrade shall be compacted to 95 percent.

G. Excavation of the slopes shall be finished with all

slopes cut true and straight as shown by the plans and in conformance with the Grading Ordinances of Guam Department of Public Works and Standard Specifications and the recommendations of the Soils Report.

H. No cut slopes shall be excavated higher or steeper than

that allowed by the ordinances of the controlling governmental agencies.

I. Over excavation or overcutting of the slope due to the

Contractor's negligence shall be corrected to the satisfaction of the GEDA Representative at the Contractor's expense.

J. If any conditions not described in the contract

documents such as perched water, seepage, ventricular or confined strata of a potentially adverse nature are encountered during grading, these conditions shall be immediately brought to the attention of the Engineer and the Soils Engineer so that supplementary recommendations can be made to treat these problems.



K. Any excess excavated soil or rocks shall be removed and disposed of outside the project site.

3.05 GRADING CONTROL

A. Observation of the fill placement shall be provided by

the Soils Engineer during the progress of grading. B. In general, density tests shall be made in every lift.

In any event, an adequate number of field density tests, as determined by Soils Engineer, shall be made to verify that the required compaction is being achieved.

C. Density tests shall also be made on the surface

material to receive fill and cut areas as required by the Soils Engineer.

D. Where failing density tests occur, the Contractor and

the GEDA Representative will be verbally notified of such conditions followed by written communication from the Soils Engineer.

3.06 PAVEMENTS: The actual base and sub base thickness

requirements of the road area pavement shall be ascertained by the Soils Engineer once the Contractor has attained the finish subgrade elevation. The materials utilized in the construction of this pavement section, however, shall conform to the Guam Standard Public Works Specifications for these items.

3.07 FINISHING: The complete excavation and fill surface

shall be true to grade and elevation and shall provide a firm base. Tolerances shall be 0.10 feet.

3.08 BENCHMARKS: Protect and maintain benchmarks, monuments,

and other reference points; if disturbed or destroyed, replace to original state.

3.09 UTILITY LINES: Existing utility lines indicated or

locations of which are made known to the Contractor prior to excavation, and that are indicated to be retained, as well as utility lines constructed during excavation operations, shall be protected from damage during excavating and backfilling, and if damaged, shall be repaired at no additional cost to the Guam.

3.10 SPECIAL CONSIDERATIONS

A. Erosion control measures shall be provided by the

Contractor during grading and prior to the completion and construction of permanent drainage controls. The Contractor shall be responsible for providing



protection to graded areas against action of the elements.

B. Upon completion of grading or temporary interruption of grading and the subsequent termination of inspection by the Soils Engineer, no further filling or excavating shall be performed without notifying the Engineer and Soils Engineer in advance and ascertaining their requirements.

C. Care shall be taken by the Contractor during final

grading to preserve any berms, interceptor, swales, drainage terraces or other devices of a permanent nature on or adjacent to the property.

END OF SECTION


SECTION 02 74 00 ASPHALT CONCRETE PAVEMENT - PAGE 1 OF 5

SECTION 02 74 00

ASPHALT CONCRETE PAVEMENT 1.0 PART 1 - GENERAL 1.01 SUMMARY

A. This section covers the requirements for the restoration and for furnishing and mixing mineral aggregate and asphalt binder at a central mixing plant, and hauling, spreading, and compacting the mixture on the approved prepared courses to the established grade and cross section shown on the drawings.

2.0 PART 2 - PRODUCTS 2.01 MATERIALS

A. All materials shall meet the requirements as specified in

Guam Public Works Standard Specifications.

B. Grading and Composition Requirements: Materials composing the asphalt concrete shall be combined to meet the requirements set forth in Table 1. The grading composition limits specified are based on materials of uniform specific gravity. Correction of grading limits shall be made to compensate for any variations in specific gravity of the individual sizes.

TABLE 1 – GRADING AND COMPOSITION REQUIREMENTS

SIEVE SIZE COMBINED AGGREGATE

(Total Percentage of Passing by Weight)

1” - 3/4” - 1/2” - 3/8” 80-100 No. 4 55-75 No. 8 35-52 No. 16 22-38 No. 30 14-26 No. 50 8-20 No. 100 6-15 No. 200 4-8 Percentage of weight of Asphaltic Cement to be added

6-8



A. The grading within the above tolerances shall be to the

percentage of aggregate passing the sieves during any day’s run will conform to the following limitations:

1. Passing No. 4 and Larger sieves 7% above or below

2. Passing No. 8 to No. 100 sieves

4% above or below 3. Passing No. 200 sieves 2%

above or below 4. Asphalt Binder 0.4% above or below

3.0 PART 3 - EXECUTION 3.01 DETAILS

A. Mixing: The asphaltic cement shall be heated in a kettle of approved type, and maintained at a temperature between 275 deg F and 300 deg F. The heat must be so applied that there can be no burning of any portion of the asphaltic cement. No live steam shall be injected into the cement. The mineral aggregate shall be heated in an approved appliance to a temperature of not less than 275 deg F or more than 320 deg F.

1. After heating to the required temperature, the required

amount of asphalt cement shall be added to the heated aggregate. This mass shall be introduced into the mixer within 25 deg F of each other’s temperature.

B. Prime Coat: All surfaces on or against which asphalt

concrete is to be placed shall be first be given an asphaltic cement prime coat as specified in SECTION 027520 – PRIME COAT.

1. Before applying the prime coat, the Contractor shall

prepare the existing surfaces by power brooming to remove all loose particles, dust, sand, and other foreign materials.

C. Laying Wearing Surface: In advance of placing asphalt

concrete over an existing base, surfacing, or pavement, and after the base, surfacing, or pavement has been prepared as herein specified, and if ordered by the GEDA Representative or shown on the drawings, provide a smooth base of uniform grade and cross-section in order that the surface course will be of uniform thickness.



1. The wearing surface shall be spread with self-propelled

mechanical spreading and finishing equipment, provided with a screed or strike-off assembly capable of distributing not less than the full width of a traffic lane. The screed shall be adjustable to the required crown and elevation. Screeding includes any cutting, crowding or other action which is effective on the mixture without tearing, shoving, or gouging, and which produces a finished surface of an even texture. The equipment shall be provided with rolling, tamping, or other suitable compacting devices, and shall be operated with a forward speed of not more than 20 feet per minute.

2. If the spreading and finishing equipment leaves ridges,

indentations, or other marks in the surface that cannot be eliminated by rolling or prevented by adjustment in operation, its use shall be discontinued and other acceptable equipment shall be furnished by the Contractor.

3. If more than one course is to be laid in any area, not

more than 24 hours shall elapse between the spreading and finishing of any two successive courses in that area.

4. The self-propelled mechanical spreading and finishing

machine shall be capable of propelling the vehicle being unloaded in uniform manner and, if necessary, the load of the haul vehicle shall be so limited that satisfactory spreading will be obtained. While being unloaded, the vehicle shall be firmly attached to the machine and the brakes on the vehicle shall not be depended upon to obtain contact between the vehicle and the machine.

5. Before placing asphalt concrete wearing surface adjacent

to cold transverse construction joints, such joints shall be trimmed to a vertical face in a neat line. The location of the proposed joint shall be tested with a 10-foot straight-edge and cut back such that when the straight-edge is laid on the finished surface parallel with the center line of the street, the surface shall in no place vary from the lower edge of the straight-edge more than 1/8 inch.

6. Before placing asphalt concrete adjacent to any existing

asphalt concrete, the face of the existing asphalt concrete shall be trimmed to a vertical face in a neat line.

7. Where asphalt concrete wearing surface is placed adjacent

to a Portland cement concrete gutter, the asphalt



concrete wearing surface shall be so laid that its surface, after compaction, will approximately be 1/4 inch above the surface of the adjacent concrete. The edge of the asphalt concrete wearing surface shall then be smoothed and sealed over a width of approximately 3 inches with hot hand-irons having a self-contained heating unit.

8. At locations where the width of asphalt concrete mixture

to be spread is too narrow to permit the use of self-propelled mechanical spreading and finishing equipment, or where the surfacing is to extend to a featheredge and the use of such machine is not practicable, the mixture may be spread by hand-raking. Where hand-raking is permitted, the mixture shall be finely shaped and smoothed by means of a wooden float 8 feet long, one-inch thick and 4 inches wide. The float shall be rigidly ribbed, and to insure a true and flat surface on the underside, adjusting screws shall be placed between the rib and float at not more than 24-inches centers. The float shall be operated by means of a long handle, from the side of the area being paved or surfaced, and parallel with the center line of the pavement or surfacing. High spots and irregularities that are transverse to the path of traffic shall be cut down and the material redistributed over the area. The maximum depth of wearing surface which may be spread and rolled in one course shall not exceed a compacted thickness of 1-1/2 inches unless otherwise specified in these specifications.

9. Wearing surface mixture shall not be spread from hauling

vehicles.

D. Rolling: Immediately after the wearing surface has been laid as specified above, it shall be compressed with power rollers, smooth running, and in first-class mechanical condition. Initial rolling or tamping shall be performed when the temperature of the mixture is between 220 deg F and 245 deg F. 1. After the first pass of the roller, any low or grainy

spots shall be broken up with a hot rake and more material worked in to insure a surface of uniform texture and maximum density. Rolling equipment shall be self-propelled. Initial rolling of asphalt concrete mixtures shall be performed by means of a three-wheeled roller weighing not less than 12 tons and with a compression on the rear wheels of not less than 325 pounds per linear inch of tire width, or in lieu thereof, by means of a three-axle tandem roller weighing not less than 12 tons.



For production not exceeding 150 tons per hour, not less than one of the above specified rollers shall be used for initial rolling. For productions in excess of 150 tons per hour, one additional roller of a type designated by the Engineer will be required for each additional 100 tons or fraction thereof of asphalt concrete mixture placed.

2. Three-axle-tandem type rollers shall be so constructed

that the rolls, when locked in position for all treads to be in one plane, are held with a rigidity which will permit the following test under full load. With the weight of the roller supported on the central roll, the tread of the central roll shall not be more than 1/8-inch above the plane tangent to the treads of the end rolls. With the weight of the roller supported on the end rolls, the tread of the central roll shall not be more than 1/4-inch below the plane tangent to the treads of the end rolls.

3. In general, three-axle tandem roller shall not be used in

rolling over a crown or on warped surfaces when the axle is in locked position.

4. Finishing rolling of asphalt concrete mixtures shall be

performed by means of a tandem roller weighing not less than 10 tons.

5. Rolling shall continue until the compressed pavement or

surfacing has relative specific gravity of not less than 95 percent of the specific gravity of the combined mixture without voids.

E. Smoothness: The finished surface of the pavement shall be

true to grade and cross-section, free from depressions, or grainy spots, and shall show a uniform distribution of aggregate.

1. When a straight-edge, 10 feet long, is laid on the

finished surface parallel to the center line of the pavement, the surface shall in no place vary from the lower edge of the straight-edge more than 3/16 of an inch.

2. No traffic shall be permitted on any course of asphalt

concrete until it has cooled and set, except such traffic as may be necessary for construction purposes.

END OF SECTION


SECTION 02 75 05 AGGREGATE BASE COURSE - PAGE 1 OF 2

SECTION 02 75 05

AGGREGATE BASE COURSE 1.0 PART 1 – GENERAL

1.01 SCOPE

A. GENERAL: Provide all labor, material, equipment, transportation, expertise and services to complete all work as specified herein, indicated and/or shown on the drawings.

B. Related Work in Other Sections:

Section 02 30 00 Earthwork Section 02 74 00 Asphalt Concrete Pavement Section 02 75 20 Prime Coat

1.02 REFERENCES A. Guam Department of Public Works

1. Guam Standard Specifications for Public Works

Construction.

1.03 SUBMITTALS

A. Certificates: Certificates of Compliance for Aggregate Base Course.

1.04 QUALITY ASSURANCE

A. Guam Standard Specifications for material and installation as referred to in this Section.

B. Maintain a copy of each document on site.

1.05 MATERIAL HANDLING

A. Deliver, store and handle products with adequate protection against damage.

2.0 PART 2 – PRODUCTS


SECTION 02 75 05 AGGREGATE BASE COURSE - PAGE 2 OF 2

2.01 MATERIALS

A. Aggregate Base Course

1. Untreated aggregate base course shall conform to the requirements of Guam Standard Specifications for Public Works Construction. It shall have a nominal size of 1.5 inches.

3.0 PART 3 – EXECUTION

3.01 INSTALLATION

A. General: Installation and workmanship shall be in accordance with the Guam Standard Specifications for Public Works Construction.

B. Base Course:

1. Base materials shall be spread on the prepared subbase (or subgrade, where indicated by details shown on the drawings), and to such depth that when thoroughly compacted, they will conform to the grades and dimensions shown.

2. Compaction of all base material shall be to 95 percent of maximum density as required by ASTM D 1557, procedure C.

END OF SECTION


SECTION 02 75 20 PRIME COAT - PAGE 1 OF 2

SECTION 02 75 20

PRIME COAT 1.0 PART 1 - GENERAL

1.01 SUMMARY

A. This section covers the requirements for furnishing and field application of prime coat.

1.02 SUBMITTALS

A. Certificate of Compliance 1. Conforming to the requirements of ASTM M82-75. B. Product Data 1. Conforming to the requirements of ASTM M-82.


2.01 MATERIALS

A. Bituminous Material: Bituminous material for prime coat shall be a medium curing liquid asphalt, Grade MC-30, conforming to the applicable requirements of Guam Department of Public Works Standard Specifications. Medium curing liquid asphalt Grade MC-30 will not be accepted without adequate documentation.

1. The Engineer reserves the right to waive any of

the requirements for the MC-30 provided that its performance is not affected.


3.01 DETAILS

A. Immediately before applying the prime coat, the surface to be treated shall be swept clean of all loose material, dirt, excess dust or other objectionable material.

1. Prime coat shall not be uniformly applied when

the surface to be treated is appreciably damp or when weather conditions are unsuitable.


SECTION 02 75 20 PRIME COAT - PAGE 2 OF 2

B. The material shall be uniformly applied by a

vehicle, mounted, pressure operated, sprayer type distributor at an approximate rate of 0.35 of a gallon per square yard. The exact rate of application shall be determined by the Engineer. After the prime coat has penetrated the surface, deficient areas shall receive additional applications and areas of excess bituminous material shall be blotted with clean sand. Traffic shall be kept off the prime coat until the material has been completely absorbed.

C. Any material sprayed on adjoining improvements shall

be immediately cleaned off.

END OF SECTION


SECTION 02 75 30 TACK COAT - PAGE 1 OF 2

SECTION 02 75 30

TACK COAT

1.0 PART 1 - GENERAL 1.01 SUMMARY

A. This section covers the requirements for furnishing and field application of bituminous tack coat.

2.0 PART 2 – PRODUCTS 2.01 MATERIALS

A. Bituminous material for tack coat shall be slow-setting emulsified asphalt, Type SS-1 or Type SS-1H, conforming to the applicable requirements of the Guam Department of Public Works Standard Specifications.

3.0 PART 3 – EXECUTION 3.01 CONSTRUCTION REQUIREMENTS

A. Weather Limitations: Tack coat shall not be applied on a wet surface or weather conditions otherwise shall prevent proper construction.

B. Equipment: The Contractor shall provide equipment for

heating and applying the bituminous material. This equipment shall meet the requirements of the Guam Department of Public Works

C. Preparation of Surface: Immediately before applying

the tack coat, the surface to be treated shall be swept clean of all loose material, dirt, excess dust or other objectionable matter. A power broom or power blower, supplemented by hand methods if necessary, shall be used.

D. Application of Bituminous Material: The emulsified

asphalt shall be diluted with water at a rate of one part emulsion to one part of water by volume. The quantity, rate of application, temperature, and areas to be treated will be approved prior to application.

1. Tack coat shall be placed only so far in advance

of the surface course placement as is necessary


SECTION 02 75 30 TACK COAT - PAGE 2 OF 2

for it to cure the proper condition for placement of such surface course.

2. Unless otherwise specified, tack coat shall be

applied at the rate of 0.05 – 0.15 gallon per square yard to the edges of the existing asphalt pavement.

END OF SECTION


SECTION 02 75 80 PORTLAND CEMENT CONCRETE SIDEWALK CURBD, AND GUTTERS - PAGE 1 OF 1

SECTION 02 75 80

PORTLAND CEMENT CONCRETE SIDEWALK, CURBS, AND GUTTERS 1.0 PART 1 – GENERAL

1.01 SUMMARY

A. This section includes preparation of subgrades for Portland cement concrete sidewalks, curbs and gutters.


2.01 REFERENCED SPECIFICATIONS AND STANDARDS

A. The following specifications and standards of the issues listed below including the amendments, addenda and errata, form a part of this specification to the extent required by the reference thereto.

1. Guam Department of Public Works Standard Specifications

for Public Works Construction, including any amendments.

2. Guam Department of Public Works Standard Details for

Public Works Construction, including any amendments.

2.02 MATERIALS

A. Materials, construction, and installations for onsite sidewalk, walkway, and curbs and gutter construction shall conform to the applicable sections of the Guam Department of Public Works Standard Specifications for Public Works Construction, including any amendments.

3.0 PART 3– EXECUTION

3.01 INSTALLATION

A. Construction and installations shall conform to the applicable sections of the Guam Department of Public Works Standard Specifications for Public Works Construction, including any amendments.

B. Details shall conform to the Guam Department of Public

Works Standard Details for the Public Works Construction, including any amendments, unless shown otherwise.

END OF SECTION


SECTION 02 80 10 PAVEMENT MARKINGS - PAGE 1 OF 8

SECTION 02 80 10

PAVEMENT MARKINGS 1.0 PART 1 - GENERAL 1.01 SYSTEM DESCRIPTION

A. All machines, tools and equipment used in the performance of the work shall be approved and maintained in satisfactory operating condition. Submit lists of proposed equipment, including descriptive data, and notifications of proposed Contractor actions as specified in this section. List of removal equipment shall include descriptive data indicating area of coverage per pass, pressure adjustment range, tank and flow capacities, and safety precautions required for the equipment operation. Equipment operating on roads shall display low speed traffic markings and traffic warning lights.

1. Paint Application Equipment

a. Hand-operated, Push-Type Machines: All machines,

tools, and equipment used in performance of the work shall be approved and maintained in satisfactory operating condition. Hand-operated push-type machines of a type commonly used for application of paint to pavement surfaces will be acceptable for marking small streets and parking areas. Applicator machine shall be equipped with the necessary paint tanks and spraying nozzles, and shall be capable of applying paint uniformly at coverage specified. Sandblasting equipment shall be provided as required for cleaning surfaces to be painted. Hand-operated spray guns shall be provided for use in areas where push-type machines cannot be used.

2. Thermoplastic Application Equipment

a. Thermoplastic Material: Thermoplastic material

shall be applied to the primed pavement surface by spray techniques or by the extrusion method, wherein one side of the shaping die is the pavement and the other three sides are contained by, or are part of, suitable equipment for heating and controlling the flow of material. By either method, the markings shall be applied with equipment that is capable of providing continuous uniformity in the dimensions of the stripe.

b. Application Equipment



1) Application equipment shall provide continuous

mixing and agitation of the material. Conveying parts of the equipment between the main material reservoir and the extrusion shoe or spray gun shall prevent accumulation and clogging. All parts of the equipment which come into contact with the material shall be easily accessible and exposable for cleaning and maintenance. All mixing and conveying parts up to and including the extrusion shoes and spray guns shall maintain the material at the required temperature with heat-transfer oil or electrical-element-controlled heat.

2) The application equipment shall be constructed to

ensure continuous uniformity in the dimensions of the stripe. The applicator shall provide a means for cleanly cutting off stripe ends squarely and shall provide a method of applying "skiplines". The equipment shall be capable of applying varying widths of traffic markings.

3) The applicator shall be equipped with a drop-on

type bead dispenser capable of uniformly dispensing reflective glass spheres at controlled rates of flow. The bead dispenser shall be automatically operated and shall begin flow prior to the flow of composition to assure that the strip is fully reflectorized.

c. Maneuverable

1) Application equipment shall be maneuverable to the extent that straight lines can be followed and normal curves can be made in a true arc. The equipment used for the placement of thermoplastic pavement markings shall be portable applicator.

a. Portable Application Equipment: The portable

applicator shall be defined as hand-operated equipment, specifically designed for placing special markings such as crosswalks, stop bars, legends, arrows, and short lengths of lane, edge and centerlines. The portable applicator shall be capable of applying thermoplastic pavement markings by the extrusion method. The portable applicator shall be loaded with hot composition from the melting kettles on the mobile. The portable applicator shall be equipped with all the necessary components, including a materials storage reservoir, bead dispenser, extrusion



shoe, and heating accessories, so as to be capable of holding the molten thermoplastic at a temperature of 375 to 425 degrees F, of extruding a line of 3 to 12 inches in width, and in thicknesses of not less than 0.125 inch nor more than 0.190 inch and of generally uniform cross section.

3. Surface Preparation Equipment

a. Sandblasting Equipment

1) Sandblasting equipment shall include an air

compressor, hoses, and nozzles of proper size and capacity as required for cleaning surfaces to be painted. The compressor shall be capable of furnishing not less than 150 cfm of air at a pressure of not less than 90 psi at each nozzle used, and shall be equipped with traps that will maintain the compressed air free of oil and water.

b. Waterblast Equipment

1) The water pressure shall be specified at 2600 psi

at 140 degrees F in order to adequately clean the surfaces to be marked.

4. Marking Removal Equipment

a. Equipment shall be mounted on rubber tires and

shall be capable of removing markings from the pavement without damaging the pavement surface or joint sealant. Waterblasting equipment shall be capable of producing an adjustable, pressurized stream of water. Sandblasting equipment shall include an air compressor, hoses, and nozzles. The compressor shall be equipped with traps to maintain the air free of oil and water.

1) Shotblasting Equipment: Shotblasting equipment

shall be capable of producing an adjustable depth of removal of marking and pavement. Each unit shall be self-cleaning and self-contained, shall be able to confine dust and debris from the operation, and shall be capable of recycling the abrasive for reuse.

2) Chemical Equipment: Chemical equipment shall be

capable of application and removal of chemicals from the pavement surface, and shall leave only non-toxic biodegradable residue.




A. Qualifications

1. Submit documentation certifying that pertinent personnel are qualified for equipment operation and handling of chemicals.

B. Traffic Controls

1. Suitable warning signs shall be placed near the

beginning of the worksite and well ahead of the worksite for alerting approaching traffic from both directions. Small markers shall be placed along newly painted lines or freshly placed raised markers to control traffic and prevent damage to newly painted surfaces or displacement of raised pavement markers. Equipment shall be marked with large warning signs indicating slow-moving painting equipment in operation.

C. Maintenance of Traffic

1. Roads, Streets, and Parking Areas

When traffic must be rerouted or controlled to accomplish the work, the necessary warning signs, flag persons, and related equipment for the safe passage of vehicles shall be provided.

1.04 DELIVERY, STORAGE, AND HANDLING

A. All materials shall be delivered and stored in sealed containers that plainly show the designated name, formula or specification number, batch number, color, date of manufacture, manufacturer's name, and directions, all of which shall be plainly legible at time of use.

1.05 DELIVERY, STORAGE, AND HANDLING

A. Pavement surface shall be free of snow, ice, or slush. Surface temperature shall be at least 70 degrees F and rising at the beginning of operations, except those involving shot or sand blasting. Operation shall cease during thunderstorms. Operation shall cease during rainfall, except for waterblasting and removal of previously applied chemicals. Waterblasting shall cease where surface water accumulation alters the effectiveness of material removal.




2.01 THERMOPLASTIC COMPOUNDS

A. The thermoplastic reflectorized pavement marking compound shall be extruded or sprayed in a molten state onto a primed pavement surface. Following a surface application of glass beads and upon cooling to normal pavement temperatures, the marking shall be an adherent reflectorized strip of the specified thickness and width that is capable of resisting deformation by traffic.

1. Composition Requirements

a. Submit Manufacturer's current printed product

description and Material Safety Data Sheets (MSDS) for each type paint/color proposed for use. The binder component shall be formulated as a hydrocarbon resin. The pigment, beads and filler shall be uniformly dispersed in the binder resin. The thermoplastic composition shall be free from all skins, dirt, and foreign objects and shall comply with the following requirements:

Component

Percent by Weight White Yellow

Binder 17 min 17 min Titanium Dioxide 10 min - Glass beads 20 min 20 min Calcium carbonate and inert fillers

49 max *

Yellow Pigments - * *Amount and type of yellow pigment, calcium carbonate and inert fillers shall be at the option of the manufacturer, providing the other composition requirements of this specification are met.

2. Physical Properties

a. Color: The color shall be as indicated.

b. Drying Time: When installed at 70 degrees F and in thicknesses between 1/8 and 3/16 inch, after curing 15 minutes.

c. Softening Point: The composition shall have a

softening point of not less than 194 degrees F when tested in accordance with ASTM E28.

d. Specific Gravity: The specific gravity of the

composition shall be between 1.9 and 2.2 as determined in accordance with ASTM D792.

3. Asphalt Concrete Primer



a. The primer for asphalt concrete pavements shall be a

thermosetting adhesive with a solid content of pigment reinforced synthetic rubber and synthetic plastic resin dissolved and/or dispersed in a volatile organic compound (VOC). Submit certificate stating that the proposed pavement marking paint meets the VOC regulations of the local Air Pollution Control District having jurisdiction over the geographical area in which the project is located. Solids content shall not be less than 10 percent by weight at 70 degrees F and 60 percent relative humidity. A wet film thickness of 0.10 mm 0.005 inch plus or minus 0.025 mm 0.001 inch shall dry to a tack-free condition in less than 5 minutes.


3.01 SURFACE PREPARATION

A. Thoroughly clean surfaces to be marked before application of the pavement marking material. Dust, dirt, and other granular surface deposits shall be removed by sweeping, blowing with compressed air, rinsing with water or a combination of these methods as required. Rubber deposits, surface laitance, existing paint markings, and other coatings adhering to the pavement shall be completely removed with scrapers, wire brushes, sandblasting, approved chemicals, or mechanical abrasion as directed. Areas of old pavement affected with oil or grease shall be scrubbed with several applications of tri-sodium phosphate solution or other approved detergent or degreaser, and rinsed thoroughly after each application. After cleaning, oil-soaked areas shall be sealed with cut shellac to prevent bleeding through the new paint. Pavement surfaces shall be allowed to dry, when water is used for cleaning, prior to striping or marking. Surfaces shall be recleaned, when work has been stopped due to rain.

1. Cleaning Existing Pavement Markings: In general, markings

shall not be placed over existing pavement marking patterns. Remove existing pavement markings, which are in good condition but interfere or conflict with the newly applied marking patterns. Deteriorated or obscured markings that are not misleading or confusing or interfere with the adhesion of the new marking material do not require removal. New thermoplastic pavement markings shall not be applied over existing preformed or thermoplastic markings. Whenever grinding, scraping, sandblasting or other operations are performed the work must be conducted in such a manner that the finished



pavement surface is not damaged or left in a pattern that is misleading or confusing. When these operations are completed the pavement surface shall be blown off with compressed air to remove residue and debris resulting from the cleaning work.

3.02 APPLICATION

A. All pavement markings and patterns shall be placed as shown

on the plans.

1. Thermoplastic Compounds: Thermoplastic pavement markings shall be placed upon dry pavement; surface dry only will not be considered an acceptable condition. At the time of installation, the pavement surface temperature shall be a minimum of 65 degrees F and rising. Thermoplastics, as placed, shall be free from dirt or tint.

a. Longitudinal Markings: All centerline, skip line, edge

line, and other longitudinal type markings shall be applied with a mobile applicator. All special markings, crosswalks, stop bars, legends, arrows, and similar patterns shall be placed with a portable applicator, using the extrusion method.

b. Primer: After surface preparation has been completed

the asphalt concrete pavement surface shall be primed. The primer shall be applied with spray equipment. Primer materials shall be allowed to "set-up" prior to applying the thermoplastic composition. The asphalt concrete primer shall be allowed to dry to a tack-free condition, usually occurring in less than 10 minutes.

1) Asphalt Concrete Primer: Primer shall be applied to

all asphalt concrete pavements at a wet film thickness of 0.005 inch, plus or minus 0.001 inch 265-400 square feet/gallon.

c. Markings: After the primer has "set-up", the

thermoplastic shall be applied at temperatures no lower than 375 degrees F nor higher than 425 degrees F at the point of deposition. Immediately after installation of the marking, drop-on glass spheres shall be mechanically applied so that the spheres are held by and imbedded in the surface of the molten material.

1) Extruded Markings: All extruded thermoplastic

markings shall be applied at the specified width and at a thickness of not less than0.125 inch nor more than0.190 inch.



2) Sprayed Markings: All sprayed thermoplastic

markings shall be applied at the specified width and the thicknesses designated in the contract plans. If the plans do not specify a thickness, centerline markings shall be applied at a wet thickness of 0.090 inch, plus or minus 0.005 inch, and edge line markings at a wet thickness of 0.060 inch plus or minus 0.005 inch.

3) Reflective Glass Spheres: Immediately following

application, reflective glass spheres shall be dropped onto the molten thermoplastic marking at the rate of1 pound/20 square feet of compound.

3.03 MARKING REMOVAL

A. Pavement marking, including plastic tape, shall be removed in the areas shown on the drawings. Removal of marking shall be as complete as possible without damage to the surface. Aggregate shall not be exposed by the removal process. After the markings are removed, the cleaned pavement surfaces shall exhibit adequate texture for remarking as specified in paragraph SURFACE PREPARATION. Demonstrate removal of pavement marking in an area designated by the Owner. The demonstration area will become the standard for the remainder of the work.

1. Equipment Operation: Equipment shall be controlled and operated to remove markings from the pavement surface, prevent dilution or removal of binder from underlying pavement, and prevent emission of blue smoke from asphalt or tar surfaces.

2. Cleanup and Waste Disposal: The worksite shall be kept clean of debris and waste from the removal operations. Cleanup shall follow removal operations. Debris shall be disposed of at approved sites.

END OF SECTION


SECTION 02 89 00 REGULATORY,INFORMATION AND WARNING SIGNS- PAGE 2 OF 3

SECTION 02 89 00 REGULATORY, INFORMATIONAL, AND WARNING SIGNS

1.0 PART 1 - GENERAL 1.01 SUMMARY

A. This section covers the requirements for furnishing all labor, materials, equipment, transportation, expertise and service required to complete all work as specified herein and as indicated and/or shown on the Drawings.

B. Work includes, but is not limited to:

1. Regulatory signs

2. Warning signs

3. Informational signs

1.02 SUBMITTALS Submit the following to the Owner's Authorized Representative for approval.

A. Shop Drawings

1. Signs a) Show signs at an appropriate scale in relation to

size and importance of sign

B. Product Data

1. Manufacturer's product data.

C. Samples

1. Signs and letters a) Samples of signs and letters if requested by Owner's

Authorized Representative.

D. Manufacturer's Instruction

1. Special procedure and installation instructions. a) Indicate special procedures and installation

instructions.


SECTION 02 89 00 REGULATORY,INFORMATION AND WARNING SIGNS- PAGE 3 OF 3

b) The Contractor shall present samples of the

accessibility signs, for approval, and a layout drawings showing their exact location.


A. Manual or Uniform Traffic Control Devices for Streets and Highways, U.S Department of Transportation, Federal Highway Administration.

B. American Disability Act, 28 Code of Federal Regulations.

C. Maintain a copy of each document on site.

1.04 MATERIAL HANDLING

A. Deliver, store, and handle products with adequate protection against damage.

2.0 PART 2 - PRODUCTS 2.01 REGULATORY, INFORMATIONAL, AND WARNING SIGNS

A. Regulatory, informational and warning signs shall be in accordance with the manual of Uniform Traffic Control Devices for Streets and Highways, U.S Department of Transportation, Federal Highway Administration.

B. All signs background shall be adhesive baked reflective sheeting.

C. Concrete: Concrete anchor for square tube anchor post shall be 2,500 psi.

3.0 PART 3 - EXECUTION 3.01 INSTALLATION

A. Regulatory, informational, and warning signs shall be provided where shown on the drawings and shall conform to the requirements of Manual on Uniform Traffic Control Devices for Streets and Highways, U.S Department of Transportation, Federal Highway Administration. All materials, installation, and workmanship shall be in accordance with the manufacturer's recommendations, best standards of the trade, and local area practices.

END OF SECTION


SECTION 02 92 00 LAWNS AND GRASSES - PAGE 1 OF 6

SECTION 02 92 00

LAWNS AND GRASSES 1.0 PART 1 – GENERAL

1.01 SUMMARY

A. Furnish all labor, materials, equipment and tools for grass planting as specified herein. Grass shall be planted in areas indicated on plans.


2.01 MATERIALS

A. Grass shall be fine Bermuda grass (Cynodon dactylon). At the option of the Contractor, grass planting may be by seeds (plain seeding or by hydro-mulching) or by sprigs.

1. Grass seeds shall be fresh, hulled, and meet the

following requirements:

Rye 20%

Bermuda 80%

Grass seeds shall be delivered to the site in unopened, sealed containers, labeled with the brand name and per cent purity. Labeling shall indicate that the seeds passed a certified germination test no more than 12 months prior to use.

B. Fertilizer shall be pelleted and shall consist of the following percentages by weight of active ingredients:

1. For First Application:

Nitrogen 16% Phosphate 16% Potash 16%

2. For Second Application: Nitrogen 16% Phosphate 16% Potash 16%



C. Mulch Materials

1. Mulch shall be specially-processed fiber containing no growth or germination-inhibiting factors. It shall be such that any addition and agitation in the hydraulic equipment with seed, fertilizer, water and other additives not detrimental to plant growth, the fibers will form a homogeneous slurry. When hydraulically sprayed on the soils, the fibers shall form a blotter-like ground cover which readily absorbs water and allows infiltration to the underlying soil.

2. Stabilizing and water retaining agent for hydro-mulching option only shall be "Verdyol Super", "Ecology Control M-Binder" or approved equal. rate of application of " Verdyol Super" shall be 50 lbs./acre and that for "Ecology Control M-Binder" shall be 60 lbs./acre.

D. Organic Soil Conditioners

1. Organic amendments shall be brown, gray, or black in

color. It shall be free of live seeds, cuttings, fungus, spores and foul odor. It shall also not contain resins, tannin or other materials in quantities that would be determined to plant life.

2.02 CONSTRUCTION REQUIREMENETS

A. Ground Preparation: Prior to planting, the areas to be grassed shall be cleared of all unwanted plants (including their root system), stones 3 inches in diameter, papers, trash and debris and graded to the dimension and elevations shown on the plans or as directed.

B. Soil conditioners shall be one, or a combination of the following:

1. Burnt bagasse mix shall be mixture of sugar cane ash,

aged sugar cane trash and milled forest waste products.

2. Redwood shavings shall be nitrogen-stabilized compost of redwood materials passing through a 1/2" screen.

3. Peat Moss

4. Shredded hapuu shall be finely shredded hauu fern.

5. Macadamia nut husks shall be air classified fine husk, sifted through 1/4" screen and free of shells.



6. Composted green waste shall be stabilized compost of

recycled green waste material passing through 1/2" screen. The material shall not contain any treated or painted woods.

C. Screened soil for repair work shall be a fertile, friable

soil of loamy character, and shall contain organic matter, It shall be obtained from well-drained arable land; be free from weeds, stone and debris; and shall be capable of sustaining healthy plant life. See Paragraph 3.01.D.5 for application.

D. Water shall be potable.

E. Topsoil: Imported, fertile, friable soil of loamy character having normal amounts of natural humus, free from subsoil, clay, refuse, roots, weeds, noxious weeds, nematodes or other deleterious matter, and free from toxic amounts of either acid or alkaline elements and capable of sustaining healthy plant life. Stones and earth lumps shall not be greater than one inch in largest dimension is subject to approval by the GEDA Authorized Representative.

3.0 PART 3 – EXECUTION

3.01 INSTALLATION AND WORKMANSHIP

A. Site Preparation

1. Top soil shall be spread evenly, compacted lightly and raked to a minimum plane at required grades as shown on the drawing. The Contractor shall accept the condition of the site prior to starting work.

2. Before soil conditioning and tilling is started , weeds and other obnoxious vegetation shall be removed by manual or chemical methods.

3. Soil Conditioning and Tilling: The Contractor shall notify the GEDA Representative one day before this work is to be done. A one inch layer of organic soil conditioner shall be placed over all planting areas. The material shall then be roto-tilled a minimum of 2" into the existing soil until the latter is loose and fine textured. All rocks larger than 1" in diameter and all debris such as stumps,



roots, wire, grade stakes and other rubbish that are turned up by tilling shall be removed. Tilling shall be omitted on slopes where watering is likely to wash the soil away.

4. Leveling: Any undulations or irregularities in the surface resulting from tilling or other operations shall be leveled out before planting operations are begun.

B. Planting: The Contractor shall notify the GEDA

Representative one day before planting of grass.

1. Immediately prior to planting operations, all planting areas shall be cleared of weeds, debris, rocks over 1" in diameter and clumps of earth that will not break up.

2. Option by Grass Seeding: If grass seeds are used, the following procedure shall be used;

a. The grass seeds shall be broadcast uniformly by hand

or by sowing equipment at the rate of 100 lbs./acre. Half the seeds shall be sown with the sower moving in one direction and the remainder shall be sown at right angles to the first direction.

b. The surface shall then be raked to a smooth even plane while the seeds are simultaneously work into the soil to a depth of about 1/2".

c. The surface shall then be smoothed and compacted by means of a culti-packer, roller or other similar equipment weighing 60 to 90 pounds per lineal foot of roller.

d. The planted area shall then be watered sufficiently to provide water penetration to a depth of at least 2" and shall then be kept moist until roots are established.

3. Option by Hydro-Mulching of Grass Seed: This work shall consist of furnishing and applying hulled Bermuda see, Fertilizer, mulch, and stabilizing and water retaining agent by hydro-mulching.

a. The seeds shall be applied at the rate of 100

lbs./acre minimum. Mulch shall be applied at rate of 500 lbs./acre minimum (31 lbs. per 900 sq. ft.). In every application, complete and uniform coverage of the soil shall be obtained.



b. First application of fertilizer shall be included with

mulch and seed.

c. The hydro-mulch equipment shall be capable of mixing all the necessary ingredients to a uniform mixture and to apply the slurry to provide uniform coverage. Seed, fertilizer mulch mix and stabilizing water retaining agent shall be applied in one operation by hydraulic equipment made especially for use. The equipment shall have a built-in agitation system with an operating capacity sufficient to keep the mix in uniform distribution until pumped from the tank. Distribution and discharge lines shall be large enough to prevent stoppage and shall be equipped with hydraulic discharge spray nozzles which provide a uniform distribution of the slurry.

d. Areas inaccessible to hydro-mulching application shall be seeded or hand sprigged and fertilized by approved hand methods.

e. Water shall be applied immediately following mulching and the planted area shall be kept moist until roots are established.

C. Application of Fertilizer: The Contractor shall notify the

GEDA Representative one day before application of fertilizer.

1. Fertilizer shall be distributed uniformly over the

planted area.

2. The first application of fertilizer shall be applied at the rate of 300 pounds per acre about 2 weeks after grassing and shall be followed by watering. (First application of fertilizer if using hydro-mulching option shall be mixed with seeded mulch.

3. The second application of fertilizer shall be applied at the rate of 300 pounds per acre about 1 week before the end of the maintenance period and shall be followed by watering.

D. Maintenance:

1. General: The Contractor shall be responsible for the

proper care of the grassed areas. Maintenance shall include watering, weeding, moving, repairing, regressing



and protection , and shall be required until the entire project is accepted, but in any event for a period not less than 45 days after planting grass.

2. Watering: After planting of seeds or grass springs or mulching the ground shall be watered as deemed necessary by the Contractor to established a healthy growth. Watering shall be done in a manner that will prevent erosion due to the application of excessive quantities of water, and to the finished surface.

3. Weeding: Weeds shall be uprooted and removed completely prior to moving and in no case shall they be allowed to grow and propagate more seeds. Large holes caused by weeding shall be filled screened soil and raked level.

4. Mowing: Grass shall be moved to a height of 1" whenever the height of grass becomes 1 1/2". Weeding shall be done prior to mowing.

5. Repairing and Regrassing: When any portion of the surface becomes gullied or otherwise damaged and grass has failed to grow, such areas shall be repaired with screened soil and replanted with grass. Any area of one foot square or more in which grass has failed to grow after 30 days of maintenance shall be regressed.

6. Protection: The grassed areas shall be protected against traffic so that the grass establishes a healthy growth. Grassed areas damaged by traffic shall be replanted.

3.02 ACCEPTANCE OF GRASSING

A. At the time of acceptance, the grass shall have been well-established and shall be given a final weeding and a final mowing to a height of 1 inch. If the maintenance period has expired before acceptance of the entire project, the Contractor shall continue to maintain the grass until acceptance of the entire project. If the maintenance period should extend beyond acceptance of the entire project, the Contractor shall continue to maintain the grass until the end of the specified of time required maintenance.

B. At the end of the maintenance period, should there appear where grass has failed to grow, such areas shall be replanted with grass, refertilized and maintained beyond the maintenance period until a healthy growth is established.

END OF SECTION


SECTION 03 30 00 CONCRETE - PAGE 1 OF 8

SECTION 03 30 00

CONCRETE

1.0 PART 1 - GENERAL

1.01 GENERAL REQUIREMENTS

A. This specification covers the requirements for furnishing, hauling, mixing, placing, and curing of concrete and lean concrete backfill.

1.02 SUBMITTALS

A. The Contractor shall submit concrete mix design for approval.


2.01 MATERIALS

A. Portland cement shall conform to the requirements of ASTM C150, Type I, for all concrete work.

B. Concrete Aggregates

1. Fine aggregates shall be calcareous or basalt sands, or a combination thereof. They shall meet the grading requirements of ASTM C33 unless the concrete producer can provide past data that show that a proposed non-conforming gradation will produce concrete with the required strength and suitable workability.

If manufactured sands are used in the concrete mix,

the Contractor may select and use a water-reducing and/or an air-entraining admixture as specified hereinafter to provide satisfactory workability in the concrete. The cement content of a mix shall be as specified hereinafter, and the use of an admixture shall in no way result in the reduction of the cement factor.

2. Coarse aggregates shall be crushed close-grained, blue

lava rock meeting the grading requirements of sizes 57 or 67 (ASTM D448) or both. The maximum size of aggregate shall not be larger than 1/5 of the narrowest dimensions between sides of the forms of the member for which the concrete is to be used not larger than 3/4 of the minimum clear spacing between



individual reinforcing bars or bundles of bars. 3. Aggregate for Lean Concrete Backfill. Furnish hard,

clean, durable, non-plastic, nonorganic, nonreactive aggregate.

C. Water used in mixing concrete shall be potable. D. Admixture, if used, shall conform to ASTM C494 or ASTM

C260 and shall be mixed in proper amount in accordance with directions of manufacturer.

E. Curing compound shall conform to ASTM C309.

F. Hydraulic Cement. Do not mix cement brands or types.

Furnish cement according to the following: 1. Portland Cement shall conform to AASHTO M 85 type I,

II and V or equivalent ASTM specification. 2. Blended Hydraulic Cement. Conform to AASHTO M 240,

type IS, IP P, I(PM), or I(SM).


3.01 DESIGN OF CONCRETE MIXES

A. Concrete for sidewalks, walkway, and curbs and gutters and other concrete works, shall be either job or plant mixture in an approved type of power operated mixer that will insure uniformity and homogeneity of the concrete produced.

B. Mixing at jobsite shall be done in accordance with ACI

614. C. Ready-mixed and mixed-in-transit concrete shall be mixed

to conform to the provisions of ASTM C94. D. Concrete shall be mixed only in such quantity as is

required for immediate use. No re-tampering will be permitted and concrete that has started to harden shall be discarded and promptly removed from the job.

E. Admixtures conforming to paragraph 2.01D may be used in

the concrete as recommended by the supplier and approved by the Engineer.



F. Concrete mixed shall contain at a minimum number of 94 pounds sacks of cement per cubic yard as specified in Table 1.

G. Composition of Lean Backfill Concrete Mix. Design a well-graded, flowable, self-leveling, mix conforming to Table 2. Verify the mix design with trial batches prepared from the same sources proposed for the mix. Submit the following for approval at least 21 says before production:

a. Type and source(s) of aggregate; b. Type and source of cement; c. Mix proportions; d. Type of cement and fly ash (if used in the mix); e. Commercial certifications for cement, fly ash,

admixtures, and aggregate; f. Target values for water/cement ration and slump;

and g. Compressive strength at 7 and 28 days.

1. Mixing and placing lean concrete backfill. Mix

concrete backfill be pugmill, rotary drum, or other approved mixer to obtain a uniform mix. Place lean concrete backfill in a uniform manner that prevents voids in, or segregation of, the backfill. When backfilling around culverts and other structures, place lean concrete backfill in a manner that does not float or shift the structure. Bring the backfill up evenly on all sides of the structure.

TABLE 1

Portland Cement Concrete Mixes

Classification Minimum Cement Content

Compressive Strength (psi)

Maximum Aggregate

Size

94-Pound Sacks per Cubic Yard

3000 3/4 inch 5.0 3000 1 inch 5.0

* psi = pounds per square inch at 28 days: Minimum strength (f’c). The above data are for normal weight aggregates

without any mixtures.



TABLE 2 Composition of Lean Concrete Backfill

Property Specification

Cement Content 50 pounds per cubic yard min. Slump 6 - 8 inches

Aggregate particle size 1 inch max. Aggregate passing No. 200 sieve 10% max.

7-day compressive strength 220 pounds per square inch

3.02 CONCRETE CLASSES AND USAGE

A. Gallons of water per bag of cement: Maximum allowable.

Concrete

Class

Min. 28 days Compressive

Strength (psi)

Water

Usage

A

3000

6.6

Sidewalk, Walkway, Curbs and Gutters, footings, and other concrete works.

3.03 PLACING CONCRETE

A. No concrete shall be placed in the absence of the Engineer or his representative who shall be given one day advance notice of starting time of concrete pour.

B. Preparation

1. Concrete shall be placed upon clean, damp surfaces with no free water, or upon properly compacted fills but never upon soft mud or dry, porous earth.

2. Before depositing new concrete on or against concrete

which has set, all accumulation or mortar splashed upon reinforcing steel and the surfaces of forms shall be removed and the forms shall be retightened. The surfaces of previously set concrete shall be thoroughly roughened and cleaned of all foreign matter and laitance, saturated with water and slushed with a coat of cement grout. New concrete shall be placed before the grout has attained its initial set.



C. Conveying

1. Concrete shall be conveyed from mixer to forms as rapidly as practicable by methods that will prevent segregation.

2. Concrete shall be deposited as nearly as practicable in

its final position. Extensive spading as a means of transportation shall be avoided and in no case shall vibrators be used to transport concrete inside forms.

3. Open troughs and chutes shall have a slope not to

exceed 1 vertical to 2 horizontal and not less than 1 vertical to 3 horizontal. Chutes more than 20 feet long and chutes not meeting the slope requirements may be used provided they discharge into a hopper before distribution.

4. The concrete shall not be allowed to drop freely more

than six feet except where specifically authorized by the Engineer. When placing operations would involve the dropping of concrete from a height of more than six feet it shall be conveyed through pipes or flexible drop chutes.

5. If any appreciable segregation occurs through the

conveying methods employed, their use shall be ordered discontinued by the Engineer and some other satisfactory method of placing concrete shall be used.

6. All chutes, troughs, pipes and other means of

conveyance shall be kept clean and free from coatings of hardened cement or concrete by thoroughly cleaning with water and chipping after each pour. Water used for flushing shall be discharged away from the vicinity of the concrete or forms already in place.

D. Depositing

1. Unless adequate protection is provided, concrete shall not be placed during rain. Rainwater shall not be allowed to increase the mixing water or to damage the surface finish. Fresh concrete that has been deposited but has not attained its initial set shall be protected in the event of rain.

2. Placing of the concrete shall be started at the far end

of work so that each batch will be dumped against previously placed concrete, not away from it.



E. Compaction

1. All concrete shall be consolidated by vibration so that the concrete is thoroughly worked around the reinforcement, around embedded items, and into corners of forms, eliminating all air or stone pockets which may cause honey-combing, pitting, or planes of weakness. All compaction shall be done by use of high frequency internal vibrators. Where the vibrator cannot be inserted into the concrete, compaction shall be done by spading, rodding, or forking.

2. Frequency of vibrator shall be not less than 7,000

impulses per minute. The Contractor shall provide a sufficient number of vibrators to properly consolidate all concrete immediately after placing. At least one standby vibrator shall be on hand at all times during placement of the concrete.

3.04 REPAIR OF DEFECTS

A. After forms have been removed, any concrete which is not constructed as shown on the plans or is out of alignment or level beyond required tolerances or which shows a defective surface which in the opinion of the Engineer cannot be properly repaired or patched shall be removed.

B. Where concrete which is exposed to view requires repairing

or patching, the texture of the surface of such repair or patch shall closely match that of the surrounding surface.

3.05 CURING AND PROTECTION

A. All concrete shall be cured for a period of not less than seven (7) days by one of the methods listed below. During this curing period, the concrete shall be maintained with minimal moisture loss at a relatively constant temperature. Fresh concrete shall be protected from heavy rains, flowing water, mechanical injury, and injurious action of the sun. Curing method selected must be compatible with the finish to be applied to the concrete. Curing shall immediately follow the finishing operation.

B. Water Curing: If cured with water, concrete shall be

kept wet by mechanical sprinklers, by ponding, or by any other method which will keep the surfaces continuously wet.



C. Saturated Sand Curing: Surfaces cured with sand shall be covered with a minimum of one inch thickness of sand which shall be kept uniformly distributed and continuously saturated during the entire curing period.

D. Curing Compounds: Curing compounds shall not be used on

concrete surfaces that are to receive paint finish, acid stain or resilient flooring, except those that are recommended by the manufacturer to be compatible with the applied finish. The Contractor shall submit to the Guam Veteran’s Cemetery Representative a letter certifying that the curing compound is compatible with the applied finish. Application shall be in accordance with the manufacturer's recommendations. If curing, sealing or other compounds are used which are incompatible with applied finish, such compound shall be thoroughly removed by grinding with a terrazzo grinder.

E. Waterproof Paper: Waterproof paper or opaque

polyethylene film conforming to ASTM C171 may be used. The paper or film shall be anchored securely and all edges sealed or applied in such a manner as to prevent moisture escaping from the concrete.

3.06 SAMPLING AND TESTING

A. Sampling - ASTM C 172: Collect samples of fresh concrete

to perform tests specified. ASTM C 31 for making test specimens.

B. Slump Tests - ASTM C 143: Take concrete samples during

concrete placement. The maximum slump may be increased as specified with the addition of an approved admixture provided that the water-cement ratio is not exceeded. Perform tests at commencement of concrete placement, when test cylinders are made, and for each batch (minimum) or every 20 cubic yards (maximum) of concrete.

C. Compressive Strength Tests - ASTM C 39: Make five test

cylinders for each set of tests in accordance with ASTM C 31 C 31M. Test two cylinders at 7 days, two cylinders at 28 days, and hold one cylinder in reserve. Provide concrete cylinders for compression tests not less than once a day, nor less than once for each 40 cubic yards of concrete, nor less than once for each 1,000 square feet of surface area for sidewalk. For the entire project, take no less than five samples and perform strength tests. Each strength test result must be the average of two cylinders from the same concrete sample tested at 28 days. If the average of any three consecutive strength test results is less than f’c or if any strength test



result falls below f’c by more than 450 psi., take a minimum of three ASTM C 42/C 42M core samples from the in-place work represented by the low test cylinder results and test. Concrete represented by core tests shall be considered structurally adequate if the average of the three cores is equal to at least 85 percent of f'c and if no single core is less than 75 percent of f'c. Retest locations represented by erratic core strengths. Remove concrete not meeting strength criteria and provide new, acceptable concrete at no additional cost to the State. Repair core holes with non-shrink grout. Match color and finish of adjacent concrete.

D. Testing: All sampling and testing shall be performed by

an independent testing agency and all test results submitted to the Guam Veteran’s Cemetery Representative for approval. All cost of sampling and testing shall be borne by the Contractor.

END OF SECTION

Crosswalks at DFS Galleria Intersection, Tumon

Common Work Results for Electrical Systems 260500 - 1

SECTION 260500 - COMMON WORK RESULTS FOR ELECTRICAL

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

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

1.2 SUMMARY

A. Section Includes:

1. Electrical equipment coordination and installation. 2. Sleeves for raceways and cables. 3. Sleeve seals. 4. Grout. 5. Common electrical installation requirements.

1.3 DEFINITIONS

A. EPDM: Ethylene-propylene-diene terpolymer rubber.

B. NBR: Acrylonitrile-butadiene rubber.

1.4 SUBMITTALS

A. Product Data: For sleeve seals.

1.5 COORDINATION

A. Coordinate arrangement, mounting, and support of electrical equipment:

1. To allow maximum possible headroom unless specific mounting heights that reduce headroom are indicated.

2. To provide for ease of disconnecting the equipment with minimum interference to other installations.

3. To allow right of way for piping and conduit installed at required slope.

4. So connecting raceways, cables, wireways, cable trays, and busways will be clear of obstructions and of the working and access space of other equipment.



B. Coordinate installation of required supporting devices and set sleeves in cast-in-place concrete, masonry walls, and other structural components as they are constructed.

C. Coordinate location of access panels and doors for electrical items that are behind finished surfaces or otherwise concealed. Access doors and panels are specified in Division 08 Section "Access Doors and Frames."

D. Coordinate sleeve selection and application with selection and application of firestopping specified in Division 07 Section "Penetration Firestopping."."

PART 2 - PRODUCTS

2.1 SLEEVES FOR RACEWAYS AND CABLES

A. Steel Pipe Sleeves: ASTM A 53/A 53M, Type E, Grade B, Schedule 40, galvanized steel, plain ends.

B. Cast-Iron Pipe Sleeves: Cast or fabricated "wall pipe," equivalent to ductile-iron pressure pipe, with plain ends and integral waterstop, unless otherwise indicated.

C. Sleeves for Rectangular Openings: Galvanized sheet steel.

1. Minimum Metal Thickness:

a. For sleeve cross-section rectangle perimeter less than 50 inches and no side more than 16 inches, thickness shall be 0.052 inch.

b. For sleeve cross-section rectangle perimeter equal to, or more than, 50 inches and 1 or more sides equal to, or more than, 16 inches, thickness shall be 0.138 inch.

2.2 SLEEVE SEALS

A. Description: Modular sealing device, designed for field assembly, to fill annular space between sleeve and raceway or cable.

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following:

a. Advance Products & Systems, Inc. b. Calpico, Inc.



c. Metraflex Co. d. Pipeline Seal and Insulator, Inc.

2. Sealing Elements: EPDM or NBR interlocking links shaped to fit surface of cable or conduit. Include type and number required for material and size of raceway or cable.

3. Pressure Plates: Stainless steel. Include two for each sealing element.

4. Connecting Bolts and Nuts: Stainless steel of length required to secure pressure plates to sealing elements. Include one for each sealing element.

2.3 GROUT

A. Nonmetallic, Shrinkage-Resistant Grout: ASTM C 1107, factory-packaged, nonmetallic aggregate grout, noncorrosive, nonstaining, mixed with water to consistency suitable for application and a 30-minute working time.

PART 3 - EXECUTION

3.1 COMMON REQUIREMENTS FOR ELECTRICAL INSTALLATION

A. Comply with NECA 1.

B. Measure indicated mounting heights to bottom of unit for suspended items and to center of unit for wall-mounting items.

C. Headroom Maintenance: If mounting heights or other location criteria are not indicated, arrange and install components and equipment to provide maximum possible headroom consistent with these requirements.

D. Equipment: Install to facilitate service, maintenance, and repair or replacement of components of both electrical equipment and other nearby installations. Connect in such a way as to facilitate future disconnecting with minimum interference with other items in the vicinity.

E. Right of Way: Give to piping systems installed at a required slope.

3.2 SLEEVE INSTALLATION FOR ELECTRICAL PENETRATIONS

A. Electrical penetrations occur when raceways, cables, wireways, cable trays, or busways penetrate concrete



slabs, concrete or masonry walls, or fire-rated floor and wall assemblies.

B. Concrete Slabs and Walls: Install sleeves for penetrations unless core-drilled holes or formed openings are used. Install sleeves during erection of slabs and walls.

C. Use pipe sleeves unless penetration arrangement requires rectangular sleeved opening.

D. Fire-Rated Assemblies: Install sleeves for penetrations of fire-rated floor and wall assemblies unless openings compatible with firestop system used are fabricated during construction of floor or wall.

E. Cut sleeves to length for mounting flush with both surfaces of walls.

F. Extend sleeves installed in floors 2 inches above finished floor level.

G. Size pipe sleeves to provide 1/4-inch annular clear space between sleeve and raceway or cable, unless indicated otherwise.

H. Seal space outside of sleeves with grout for penetrations of concrete and masonry

1. Promptly pack grout solidly between sleeve and wall so no voids remain. Tool exposed surfaces smooth; protect grout while curing.

I. Interior Penetrations of Non-Fire-Rated Walls and Floors: Seal annular space between sleeve and raceway or cable, using joint sealant appropriate for size, depth, and location of joint. Comply with requirements in Division 07 Section "Joint Sealants.".

J. Fire-Rated-Assembly Penetrations: Maintain indicated fire rating of walls, partitions, ceilings, and floors at raceway and cable penetrations. Install sleeves and seal raceway and cable penetration sleeves with firestop materials. Comply with requirements in Division 07 Section "Penetration Firestopping."

K. Roof-Penetration Sleeves: Seal penetration of individual raceways and cables with flexible boot-type flashing units applied in coordination with roofing work.

L. Aboveground, Exterior-Wall Penetrations: Seal penetrations using steel pipe sleeves and mechanical sleeve seals. Select sleeve size to allow for 1-inch



annular clear space between pipe and sleeve for installing mechanical sleeve seals.

M. Underground, Exterior-Wall Penetrations: Install cast-iron pipe sleeves. Size sleeves to allow for 1-inch annular clear space between raceway or cable and sleeve for installing mechanical sleeve seals.

3.3 SLEEVE-SEAL INSTALLATION

A. Install to seal exterior wall penetrations.

B. Use type and number of sealing elements recommended by manufacturer for raceway or cable material and size. Position raceway or cable in center of sleeve. Assemble mechanical sleeve seals and install in annular space between raceway or cable and sleeve. Tighten bolts against pressure plates that cause sealing elements to expand and make watertight seal.

3.4 FIRESTOPPING

A. Apply firestopping to penetrations of fire-rated floor and wall assemblies for electrical installations to restore original fire-resistance rating of assembly. Firestopping materials and installation requirements are specified in Division 07 Section "Penetration Firestopping."

END OF SECTION 260500


Low Voltage Electrical Power Conductors and Cables Page 260519-1

SECTION 260519 - LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES

PART 1 - GENERAL



1.2 SUMMARY

A. This Section includes the following:

1. Building wires and cables rated 600 V and less. 2. Connectors, splices, and terminations rated 600 V and

less. 3. Sleeves and sleeve seals for cables.

B. Related Sections include the following:

1. Division 26 Section "Medium-Voltage Cables" for single-conductor and multiconductor cables, cable splices, and terminations for electrical distribution systems with 2001 to 35,000 V.

2. Division 26 Section "Undercarpet Electrical Power Cables" for flat cables for undercarpet installations.

3. Division 27 Section "Communications Horizontal Cabling" for cabling used for voice and data circuits.

1.3 DEFINITIONS

A. EPDM: Ethylene-propylene-diene terpolymer rubber.

B. NBR: Acrylonitrile-butadiene rubber.

1.4 SUBMITTALS

A. Product Data: For each type of product indicated.

B. Qualification Data: For testing agency.

C. Field quality-control test reports.




A. Testing Agency Qualifications: An independent agency, with the experience and capability to conduct the testing indicated, that is a member company of the InterNational Electrical Testing Association or is a nationally recognized testing laboratory (NRTL) as defined by OSHA in 29 CFR 1910.7, and that is acceptable to authorities having jurisdiction.

1. Testing Agency's Field Supervisor: Person currently certified by the InterNational Electrical Testing Association or the National Institute for Certification in Engineering Technologies to supervise on-site testing specified in Part 3.

B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use.

C. Comply with NFPA 70.

1.6 COORDINATION

A. Set sleeves in cast-in-place concrete, masonry walls, and other structural components as they are constructed.

PART 2 - PRODUCTS

2.1 CONDUCTORS AND CABLES

A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following:

B. Manufacturers: Subject to compliance with requirements, provide products by one of the following:

1. Alcan Products Corporation; Alcan Cable Division. 2. American Insulated Wire Corp.; a Leviton Company. 3. General Cable Corporation. 4. Senator Wire & Cable Company. 5. Southwire Company.

C. Copper Conductors: Comply with NEMA WC 70.

D. Conductor Insulation: Comply with NEMA WC 70 for Types THHN-THWN.



2.2 CONNECTORS AND SPLICES



1. AFC Cable Systems, Inc. 2. Hubbell Power Systems, Inc. 3. O-Z/Gedney; EGS Electrical Group LLC. 4. 3M; Electrical Products Division. 5. Tyco Electronics Corp.

C. Description: Factory-fabricated connectors and splices of size, ampacity rating, material, type, and class for application and service indicated.

2.3 SLEEVES FOR CABLES



C. Sleeves for Rectangular Openings: Galvanized sheet steel with minimum 0.052- or 0.138-inch (1.3- or 3.5-mm) t hickness as indicated and of length to suit application.

D. Coordinate sleeve selection and application with selection and application of firestopping specified in Division 07 Section "Penetration Firestopping."

2.4 SLEEVE SEALS



C. Basis-of-Design Product: Subject to compliance with requirements, provide the product indicated on Drawings or a comparable product by one of the following:

1. Advance Products & Systems, Inc.



2. Calpico, Inc. 3. Metraflex Co. 4. Pipeline Seal and Insulator, Inc.

D. Description: Modular sealing device, designed for field assembly, to fill annular space between sleeve and cable.

1. Sealing Elements: EPDM interlocking links shaped to fit surface of cable or conduit. Include type and number required for material and size of raceway or cable.

2. Pressure Plates: Stainless steel. Include two for each sealing element.

3. Connecting Bolts and Nuts: Carbon steel with corrosion-resistant coating of length required to secure pressure plates to sealing elements. Include one for each sealing element.

PART 3 - EXECUTION

3.1 CONDUCTOR MATERIAL APPLICATIONS

A. Feeders: Copper. Solid for No. 10 AWG and smaller; stranded for No. 8 AWG and larger.

B. Branch Circuits: Copper. Solid for No. 10 AWG and smaller; stranded for No. 8 AWG and larger.

3.2 CONDUCTOR INSULATION AND MULTICONDUCTOR CABLE APPLICATIONS AND WIRING METHODS

A. Service Entrance: Type THHN-THWN, single conductors in raceway.

B. Exposed Feeders: Type THHN-THWN, single conductors in raceway.

C. Feeders Concealed in Ceilings, Walls, Partitions, and Crawlspaces: Type THHN-THWN, single conductors in raceway.

D. Feeders Concealed in Concrete, below Slabs-on-Grade, and Underground: Type THHN-THWN, single conductors in raceway .

E. Feeders Installed below Raised Flooring: Type THHN-THWN, single conductors in raceway.

F. Exposed Branch Circuits, Including in Crawlspaces: Type THHN-THWN, single conductors in raceway.



G. Branch Circuits Concealed in Ceilings, Walls, and Partitions: Type THHN-THWN, single conductors in raceway Armored cable, Type AC.

H. Branch Circuits Concealed in Concrete, below Slabs-on-Grade, and Underground: Type THHN-THWN, single conductors in raceway.

I. Branch Circuits Installed below Raised Flooring: Type THHN-THWN, single conductors in raceway.

J. Cord Drops and Portable Appliance Connections: Type SO, hard service cord with stainless-steel, wire-mesh, strain relief device at terminations to suit application.

K. Class 1 Control Circuits: Type THHN-THWN, in raceway.

L. Class 2 Control Circuits: Type THHN-THWN, in raceway.

3.3 INSTALLATION OF CONDUCTORS AND CABLES

A. Conceal cables in finished walls, ceilings, and floors, unless otherwise indicated.

B. Use manufacturer-approved pulling compound or lubricant where necessary; compound used must not deteriorate conductor or insulation. Do not exceed manufacturer's recommended maximum pulling tensions and sidewall pressure values.

C. Use pulling means, including fish tape, cable, rope, and basket-weave wire/cable grips, that will not damage cables or raceway.

D. Install exposed cables parallel and perpendicular to surfaces of exposed structural members, and follow surface contours where possible.

E. Support cables according to Division 26 Section "Hangers and Supports for Electrical Systems."

F. Identify and color-code conductors and cables according to Division 26 Section "Identification for Electrical Systems."

3.4 CONNECTIONS

A. Tighten electrical connectors and terminals according to manufacturer's published torque-tightening values. If manufacturer's torque values are not indicated, use those specified in UL 486A and UL 486B.



B. Make splices and taps that are compatible with conductor material and that possess equivalent or better mechanical strength and insulation ratings than unspliced conductors.

1. Use oxide inhibitor in each splice and tap conductor for aluminum conductors.

C. Wiring at Outlets: Install conductor at each outlet, with at least 6 inches (150 mm) of slack.


A. Coordinate sleeve selection and application with selection and application of firestopping specified in Division 07 Section "Penetration Firestopping."



D. Rectangular Sleeve Minimum Metal Thickness:

1. For sleeve rectangle perimeter less than 50 inches ( 1270 mm) and no side greater than 16 inches (400 mm) , t hickness shall be 0.052 inch (1.3 mm) .

2. For sleeve rectangle perimeter equal to, or greater than, 50 inches (1270 mm) and 1 or more sides equal t o, or greater than, 16 inches (400 mm) , thickness shall be 0.138 inch (3.5 mm) .

E. Fire-Rated Assemblies: Install sleeves for penetrations of fire-rated floor and wall assemblies unless openings compatible with firestop system used are fabricated during construction of floor or wall.

F. Cut sleeves to length for mounting flush with both wall surfaces.

G. Extend sleeves installed in floors 2 inches (50 mm) above f inished floor level.

H. Size pipe sleeves to provide 1/4-inch (6.4-mm) annular c lear space between sleeve and cable unless sleeve seal is to be installed or unless seismic criteria require different clearance.

I. Seal space outside of sleeves with grout for penetrations of concrete and masonry and with approved joint compound for gypsum board assemblies.



J. Interior Penetrations of Non-Fire-Rated Walls and Floors: Seal annular space between sleeve and cable, using joint sealant appropriate for size, depth, and location of joint according to Division 07 Section "Joint Sealants."

K. Fire-Rated-Assembly Penetrations: Maintain indicated fire rating of walls, partitions, ceilings, and floors at cable penetrations. Install sleeves and seal with firestop materials according to Division 07 Section "Penetration Firestopping."

L. Roof-Penetration Sleeves: Seal penetration of individual cables with flexible boot-type flashing units applied in coordination with roofing work.

M. Aboveground Exterior-Wall Penetrations: Seal penetrations using sleeves and mechanical sleeve seals. Size sleeves to allow for 1-inch (25-mm) annular clear space between pipe and sleeve for installing mechanical sleeve seals.

N. Underground Exterior-Wall Penetrations: Install cast-iron "wall pipes" for sleeves. Size sleeves to allow for 1-i nch (25-mm) annular clear space between cable and sleeve f or installing mechanical sleeve seals.


A. Install to seal underground exterior-wall penetrations.

B. Use type and number of sealing elements recommended by manufacturer for cable material and size. Position cable in center of sleeve. Assemble mechanical sleeve seals and install in annular space between cable and sleeve. Tighten bolts against pressure plates that cause sealing elements to expand and make watertight seal.

3.7 FIRESTOPPING

A. Apply firestopping to electrical penetrations of fire-rated floor and wall assemblies to restore original fire-resistance rating of assembly according to Division 07 Section "Penetration Firestopping."

3.8 FIELD QUALITY CONTROL

A. Testing Agency: Engage a qualified testing agency to perform tests and inspections and prepare test reports.

B. Perform tests and inspections and prepare test reports.

C. Tests and Inspections:



1. After installing conductors and cables and before electrical circuitry has been energized, test service entrance and feeder conductors, and conductors feeding the following critical equipment and services for compliance with requirements.

2. Perform each visual and mechanical inspection and electrical test stated in NETA Acceptance Testing Specification. Certify compliance with test parameters.

3. Infrared Scanning: After Substantial Completion, but not more than 60 days after Final Acceptance, perform an infrared scan of each splice in cables and conductors No. 3 AWG and larger. Remove box and equipment covers so splices are accessible to portable scanner.

a. Follow-up Infrared Scanning: Perform an additional follow-up infrared scan of each splice 11 months after date of Substantial Completion.

b. Instrument: Use an infrared scanning device designed to measure temperature or to detect significant deviations from normal values. Provide calibration record for device.

c. Record of Infrared Scanning: Prepare a certified report that identifies splices checked and that describes scanning results. Include notation of deficiencies detected, remedial action taken, and observations after remedial action.

D. Test Reports: Prepare a written report to record the following:

1. Test procedures used. 2. Test results that comply with requirements. 3. Test results that do not comply with requirements and

corrective action taken to achieve compliance with requirements.

E. Remove and replace malfunctioning units and retest as specified above.



Grounding and Bonding for Electrical Systems Page 260526-1

SECTION 260526 - GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS

PART 1 - GENERAL



1.2 SUMMARY

A. This Section includes methods and materials for grounding systems and equipment, plus the following special applications:

1. Overhead-lines grounding. 2. Underground distribution grounding. 3. Common ground bonding with lightning protection system.

1.3 SUBMITTALS

A. Product Data: For each type of product indicated.

B. Other Informational Submittals: Plans showing dimensioned as-built locations of grounding features specified in Part 3 "Field Quality Control" Article, including the following:

1. Test wells. 2. Ground rods. 3. Ground rings. 4. Grounding arrangements and connections for separately

derived systems. 5. Grounding for sensitive electronic equipment.

C. Qualification Data: For testing agency and testing agency's field supervisor.

D. Field quality-control test reports.

E. Operation and Maintenance Data: For grounding to include the following in emergency, operation, and maintenance manuals:

1. Instructions for periodic testing and inspection of grounding features at test wells ground rings grounding connections for separately derived systems based on NFPA 70B.



a. Tests shall be to determine if ground resistance or impedance values remain within specified maximums, and instructions shall recommend corrective action if they do not.

b. Include recommended testing intervals.


A. Testing Agency Qualifications: An independent agency, with the experience and capability to conduct the testing indicated, that is a member company of the InterNational Electrical Testing Association or is a nationally recognized testing laboratory (NRTL) as defined by OSHA in 29 CFR 1910.7, and that is acceptable to authorities having jurisdiction.

1. Testing Agency's Field Supervisor: Person currently certified by the InterNational Electrical Testing Association to supervise on-site testing specified in Part 3.

B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use.

C. Comply with UL 467 for grounding and bonding materials and equipment.

PART 2 - PRODUCTS

2.1 CONDUCTORS

A. Insulated Conductors: Copper wire or cable insulated for 600 V unless otherwise required by applicable Code or authorities having jurisdiction.

B. Bare Copper Conductors:

1. Solid Conductors: ASTM B 3. 2. Stranded Conductors: ASTM B 8. 3. Tinned Conductors: ASTM B 33. 4. Bonding Cable: 28 kcmil, 14 strands of No. 17 AWG

conductor, 1/4 inch (6 mm) in diameter. 5. Bonding Conductor: No. 4 or No. 6 AWG, stranded conductor. 6. Bonding Jumper: Copper tape, braided conductors,

terminated with copper ferrules; 1-5/8 inches (41 mm) wide and 1/16 inch (1.6 mm) thick.



7. Tinned Bonding Jumper: Tinned-copper tape, braided conductors, terminated with copper ferrules; 1-5/8 inches ( 41 mm) wide and 1/16 inch (1.6 mm) thick.

C. Bare Grounding Conductor and Conductor Protector for Wood Poles:

1. No. 4 AWG minimum, soft-drawn copper. 2. Conductor Protector: Half-round PVC or wood molding. If

wood, use pressure-treated fir or cypress or cedar.

D. Grounding Bus: Rectangular bars of annealed copper, 1/4 by 2 i nches (6 by 50 mm) in cross section, unless otherwise i ndicated; with insulators.

2.2 CONNECTORS

A. Listed and labeled by a nationally recognized testing laboratory acceptable to authorities having jurisdiction for applications in which used, and for specific types, sizes, and combinations of conductors and other items connected.

B. Bolted Connectors for Conductors and Pipes: Copper or copper alloy, bolted pressure-type, with at least two bolts.

1. Pipe Connectors: Clamp type, sized for pipe.

C. Welded Connectors: Exothermic-welding kits of types recommended by kit manufacturer for materials being joined and installation conditions.

2.3 GROUNDING ELECTRODES

A. Ground Rods: Copper-clad steel; in diameter.

PART 3 - EXECUTION

3.1 APPLICATIONS

A. Conductors: Install solid conductor for No. 8 AWG and smaller, and stranded conductors for No. 6 AWG and larger, unless otherwise indicated.

B. Underground Grounding Conductors: Install bare copper conductor, as indicated AWG minimum.

1. Bury at least 24 inches (600 mm) below grade.



2. Duct-Bank Grounding Conductor: Bury 12 inches (300 mm) above duct bank when indicated as part of duct-bank installation.

C. Isolated Grounding Conductors: Green-colored insulation with continuous yellow stripe. On feeders with isolated ground, identify grounding conductor where visible to normal inspection, with alternating bands of green and yellow tape, with at least three bands of green and two bands of yellow.

D. Grounding Bus: Install in electrical and telephone equipment rooms, in rooms housing service equipment, and elsewhere as indicated.

1. Install bus on insulated spacers 1 inch (25 mm) , minimum, f rom wall 6 inches (150 mm) above finished floor, unless otherwise indicated.

2. Where indicated on both sides of doorways, route bus up to top of door frame, across top of doorway, down to specified height above floor, and connect to horizontal bus.

E. Conductor Terminations and Connections:

1. Pipe and Equipment Grounding Conductor Terminations: Bolted connectors.

2. Underground Connections: Welded connectors, except at test wells and as otherwise indicated.

3. Connections to Ground Rods at Test Wells: Bolted connectors.

4. Connections to Structural Steel: Welded connectors.

3.2 GROUNDING OVERHEAD LINES

A. Comply with IEEE C2 grounding requirements.

B. Install 2 additional ground rods, parallel ground rods if resistance to ground by a single, ground-rod electrode exceeds 25 ohms.

C. Drive ground rods until tops are 12 inches (300 mm) below f inished grade in undisturbed earth.

D. Ground-Rod Connections: Install bolted connectors for underground connections and connections to rods.

E. Lightning Arrester Grounding Conductors: Separate from other grounding conductors.

F. Secondary Neutral and Transformer Enclosure: Interconnect and connect to grounding conductor.



G. Protect grounding conductors running on surface of wood poles with molding extended from grade level up to and through communication service and transformer spaces.

3.3 GROUNDING UNDERGROUND DISTRIBUTION SYSTEM COMPONENTS

A. Comply with IEEE C2 grounding requirements.

B. Grounding Manholes and Handholes: Install a driven ground rod through manhole or handhole floor, close to wall, and set rod depth so 4 inches (100 mm) will extend above finished floor. If necessary, install ground rod before manhole is placed and provide No. 1/0 AWG bare, tinned-copper conductor from ground rod into manhole through a waterproof sleeve in manhole wall. Protect ground rods passing through concrete floor with a double wrapping of pressure-sensitive insulating tape or heat-shrunk insulating sleeve from 2 inches (50 mm) above to 6 inches (150 mm) below concrete. Seal floor opening with waterproof , nonshrink grout.

C. Grounding Connections to Manhole Components: Bond exposed-metal parts such as inserts, cable racks, pulling irons, ladders, and cable shields within each manhole or handhole, to ground rod or grounding conductor. Make connections with No. 4 AWG minimum, stranded, hard-drawn copper bonding conductor. Train conductors level or plumb around corners and fasten to manhole walls. Connect to cable armor and cable shields as recommended by manufacturer of splicing and termination kits.

D. Pad-Mounted Transformers and Switches: Install two ground rods and ground ring around the pad. Ground pad-mounted equipment and noncurrent-carrying metal items associated with substations by connecting them to underground cable and grounding electrodes. Install tinned-copper conductor not less than No. 2 AWG for ground ring and for taps to equipment grounding terminals. Bury ground ring not less than 6 inches (150 mm) f rom the foundation.

3.4 EQUIPMENT GROUNDING

A. Install insulated equipment grounding conductors with all feeders and branch circuits.

B. Install insulated equipment grounding conductors with the following items, in addition to those required by NFPA 70:

1. Feeders and branch circuits. 2. Lighting circuits. 3. Receptacle circuits. 4. Single-phase motor and appliance branch circuits.



5. Three-phase motor and appliance branch circuits. 6. Flexible raceway runs. 7. Armored and metal-clad cable runs. 8. Busway Supply Circuits: Install insulated equipment

grounding conductor from grounding bus in the switchgear, switchboard, or distribution panel to equipment grounding bar terminal on busway.

9. Computer and Rack-Mounted Electronic Equipment Circuits: Install insulated equipment grounding conductor in branch-circuit runs from equipment-area power panels and power-distribution units.

10. X-Ray Equipment Circuits: Install insulated equipment grounding conductor in circuits supplying x-ray equipment.

C. Air-Duct Equipment Circuits: Install insulated equipment grounding conductor to duct-mounted electrical devices operating at 120 V and more, including air cleaners, heaters, dampers, humidifiers, and other duct electrical equipment. Bond conductor to each unit and to air duct and connected metallic piping.

D. Water Heater, Heat-Tracing, and Antifrost Heating Cables: Install a separate insulated equipment grounding conductor to each electric water heater and heat-tracing cable. Bond conductor to heater units, piping, connected equipment, and components.

E. Isolated Grounding Receptacle Circuits: Install an insulated equipment grounding conductor connected to the receptacle grounding terminal. Isolate conductor from raceway and from panelboard grounding terminals. Terminate at equipment grounding conductor terminal of the applicable derived system or service, unless otherwise indicated.

F. Isolated Equipment Enclosure Circuits: For designated equipment supplied by a branch circuit or feeder, isolate equipment enclosure from supply circuit raceway with a nonmetallic raceway fitting listed for the purpose. Install fitting where raceway enters enclosure, and install a separate insulated equipment grounding conductor. Isolate conductor from raceway and from panelboard grounding terminals. Terminate at equipment grounding conductor terminal of the applicable derived system or service, unless otherwise indicated.

G. Signal and Communication Equipment: For telephone, alarm, voice and data, and other communication equipment, provide No. 4 AWG minimum insulated grounding conductor in raceway from grounding electrode system to each service location, terminal cabinet, wiring closet, and central equipment location.



1. Service and Central Equipment Locations and Wiring Closets: Terminate grounding conductor on a 1/4-by-2-by-12-inch (6-by-50-by-300-mm) grounding bus.

2. Terminal Cabinets: Terminate grounding conductor on cabinet grounding terminal.

H. Metal Poles Supporting Outdoor Lighting Fixtures: Install grounding electrode and a separate insulated equipment grounding conductor in addition to grounding conductor installed with branch-circuit conductors.

3.5 INSTALLATION

A. Grounding Conductors: Route along shortest and straightest paths possible, unless otherwise indicated or required by Code. Avoid obstructing access or placing conductors where they may be subjected to strain, impact, or damage.

B. Common Ground Bonding with Lightning Protection System: Comply with NFPA 780 and UL 96 when interconnecting with lightning protection system. Bond electrical power system ground directly to lightning protection system grounding conductor at closest point to electrical service grounding electrode. Use bonding conductor sized same as system grounding electrode conductor, and install in conduit.

C. Ground Rods: Drive rods until tops are 2 inches (50 mm) below f inished floor or final grade, unless otherwise indicated.

1. Interconnect ground rods with grounding electrode conductor below grade and as otherwise indicated. Make connections without exposing steel or damaging coating, if any.

2. For grounding electrode system, install at least three rods spaced at least one-rod length from each other and located at least the same distance from other grounding electrodes, and connect to the service grounding electrode conductor.

D. Test Wells: Ground rod driven through drilled hole in bottom of handhole. Handholes are specified in Division 26 Section "Underground Ducts and Raceways for Electrical Systems," and shall be at least 12 inches (300 mm) deep, with cover.

1. Test Wells: Install at least one test well for each service, unless otherwise indicated. Install at the ground rod electrically closest to service entrance. Set top of test well flush with finished grade or floor.

E. Bonding Straps and Jumpers: Install in locations accessible for inspection and maintenance, except where routed through short lengths of conduit.



1. Bonding to Structure: Bond straps directly to basic structure, taking care not to penetrate any adjacent parts.

2. Bonding to Equipment Mounted on Vibration Isolation Hangers and Supports: Install so vibration is not transmitted to rigidly mounted equipment.

3. Use exothermic-welded connectors for outdoor locations, but if a disconnect-type connection is required, use a bolted clamp.

F. Grounding and Bonding for Piping:

1. Metal Water Service Pipe: Install insulated copper grounding conductors, in conduit, from building's main service equipment, or grounding bus, to main metal water service entrances to building. Connect grounding conductors to main metal water service pipes, using a bolted clamp connector or by bolting a lug-type connector to a pipe flange, using one of the lug bolts of the flange. Where a dielectric main water fitting is installed, connect grounding conductor on street side of fitting. Bond metal grounding conductor conduit or sleeve to conductor at each end.

2. Water Meter Piping: Use braided-type bonding jumpers to electrically bypass water meters. Connect to pipe with a bolted connector.

3. Bond each aboveground portion of gas piping system downstream from equipment shutoff valve.

G. Bonding Interior Metal Ducts: Bond metal air ducts to equipment grounding conductors of associated fans, blowers, electric heaters, and air cleaners. Install bonding jumper to bond across flexible duct connections to achieve continuity.

H. Grounding for Steel Building Structure: Install a driven ground rod at base of each corner column and at intermediate exterior columns at distances not more than 60 feet (18 m) apart.

I . Ground Ring: Install a grounding conductor, electrically connected to each building structure ground rod and to each steel column, extending around the perimeter of building.

1. Install tinned-copper conductor not less than No. 2/0 AWG for ground ring and for taps to building steel.

2. Bury ground ring not less than 24 inches (600 mm) from building foundation.

3.6 FIELD QUALITY CONTROL

A. Testing Agency: Owner will engage a qualified testing and inspecting agency to perform field tests and inspections and prepare test reports.



B. Testing Agency: Engage a qualified testing and inspecting agency to perform the following field tests and inspections and prepare test reports:

C. Perform the following tests and inspections and prepare test reports:

1. After installing grounding system but before permanent electrical circuits have been energized, test for compliance with requirements.

2. Test completed grounding system at each location where a maximum ground-resistance level is specified, at service disconnect enclosure grounding terminal, at ground test wells, and at individual ground rods. Make tests at ground rods before any conductors are connected.

a. Measure ground resistance not less than two full days after last trace of precipitation and without soil being moistened by any means other than natural drainage or seepage and without chemical treatment or other artificial means of reducing natural ground resistance.

b. Perform tests by fall-of-potential method according to IEEE 81.

3. Prepare dimensioned drawings locating each test well, ground rod and ground rod assembly, and other grounding electrodes. Identify each by letter in alphabetical order, and key to the record of tests and observations. Include the number of rods driven and their depth at each location, and include observations of weather and other phenomena that may affect test results. Describe measures taken to improve test results.

D. Report measured ground resistances that exceed the following values:

1. Power and Lighting Equipment or System with Capacity 500 kVA and Less: 10 ohms.

2. Power and Lighting Equipment or System with Capacity 500 to 1000 kVA: 5 ohms.

3. Power and Lighting Equipment or System with Capacity More Than 1000 kVA: 3 ohms.

4. Power Distribution Units or Panelboards Serving Electronic Equipment: 3 ohm(s).

5. Substations and Pad-Mounted Equipment: 5 ohms. 6. Manhole Grounds: 10 ohms.

E. Excessive Ground Resistance: If resistance to ground exceeds specified values, notify Architect promptly and include recommendations to reduce ground resistance.


Raceway and Boxes for Electrical Systems 260533 - 1

SECTION 260533 - RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS

PART 1 - GENERAL



1.2 SUMMARY

A. This Section includes raceways, fittings, boxes, enclosures, and cabinets for electrical wiring.

B. Related Sections include the following:

1. Division 26 Section "Underground Ducts and Raceways for Electrical Systems" for exterior ductbanks, manholes, and underground utility construction.

1.3 DEFINITIONS

A. EMT: Electrical metallic tubing.

B. ENT: Electrical nonmetallic tubing.

C. EPDM: Ethylene-propylene-diene terpolymer rubber.

D. FMC: Flexible metal conduit.

E. IMC: Intermediate metal conduit.

F. LFMC: Liquidtight flexible metal conduit.

G. LFNC: Liquidtight flexible nonmetallic conduit.

H. NBR: Acrylonitrile-butadiene rubber.

I. RNC: Rigid nonmetallic conduit.

1.4 SUBMITTALS

A. Product Data: For surface raceways, wireways and fittings, floor boxes, hinged-cover enclosures, and cabinets.



B. Shop Drawings: For the following raceway components. Include plans, elevations, sections, details, and attachments to other work.

1. Custom enclosures and cabinets. 2. For handholes and boxes for underground wiring,

including the following:

a. Duct entry provisions, including locations and duct sizes.

b. Frame and cover design. c. Grounding details. d. Dimensioned locations of cable rack inserts, and

pulling-in and lifting irons. e. Joint details.

C. Samples for Initial Selection: For wireways nonmetallic wireways and surface raceways with factory-applied texture and color finishes.

1. Size: As indicated

D. Samples for Verification: For each type of exposed finish required for wireways nonmetallic wireways and surface raceways, prepared on Samples of size indicated below.

1. Size: As indicated

E. Coordination Drawings: Conduit routing plans, drawn to scale, on which the following items are shown and coordinated with each other, based on input from installers of the items involved:

1. Structural members in the paths of conduit groups with common supports.

2. HVAC and plumbing items and architectural features in the paths of conduit groups with common supports.

F. Manufacturer Seismic Qualification Certification: Submit certification that enclosures and cabinets and their mounting provisions, including those for internal components, will withstand seismic forces defined in Division 26 Section "Vibration and Seismic Controls for Electrical Systems." Include the following:

1. Basis for Certification: Indicate whether withstand certification is based on actual test of assembled components or on calculation.

a. The term "withstand" means "the cabinet or enclosure will remain in place without separation of any parts when subjected to the seismic forces specified and the unit will retain its enclosure



characteristics, including its interior accessibility, after the seismic event."

2. Dimensioned Outline Drawings of Equipment Unit: Identify center of gravity and locate and describe mounting and anchorage provisions.

3. Detailed description of equipment anchorage devices on which the certification is based and their installation requirements.

G. Qualification Data: For professional engineer and testing agency.

H. Source quality-control test reports.


A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use.

B. Comply with NFPA 70.

PART 2 - PRODUCTS

2.1 METAL CONDUIT AND TUBING



1. AFC Cable Systems, Inc. 2. Alflex Inc. 3. Allied Tube & Conduit; a Tyco International Ltd. Co. 4. Anamet Electrical, Inc.; Anaconda Metal Hose. 5. Electri-Flex Co. 6. Manhattan/CDT/Cole-Flex. 7. Maverick Tube Corporation. 8. O-Z Gedney; a unit of General Signal. 9. Wheatland Tube Company.

C. Rigid Steel Conduit: ANSI C80.1.

D. Aluminum Rigid Conduit: ANSI C80.5.



E. IMC: ANSI C80.6.

F. EMT: ANSI C80.3.

G. Fittings for Conduit (Including all Types and Flexible and Liquidtight), EMT, and Cable: NEMA FB 1; listed for type and size raceway with which used, and for application and environment in which installed.

1. Conduit Fittings for Hazardous (Classified) Locations: Comply with UL 886.

2. Fittings for EMT: Steel or die-cast, set-screw or compression type.

3. Coating for Fittings for PVC-Coated Conduit: Minimum thickness, 0.040 inch (1 mm) , with overlapping sleeves protecting threaded joints.

H. Joint Compound for Rigid Steel Conduit or IMC: Listed for use in cable connector assemblies, and compounded for use to lubricate and protect threaded raceway joints from corrosion and enhance their conductivity.

2.2 NONMETALLIC CONDUIT AND TUBING



1. AFC Cable Systems, Inc. 2. Anamet Electrical, Inc.; Anaconda Metal Hose. 3. Arnco Corporation. 4. CANTEX Inc. 5. CertainTeed Corp.; Pipe & Plastics Group. 6. Condux International, Inc. 7. ElecSYS, Inc. 8. Electri-Flex Co. 9. Lamson & Sessions; Carlon Electrical Products. 10. Manhattan/CDT/Cole-Flex. 11. RACO; a Hubbell Company. 12. Thomas & Betts Corporation.

C. ENT: NEMA TC 13.

D. RNC: NEMA TC 2, Type EPC-40-PVC, unless otherwise indicated.

E. LFNC: UL 1660.



F. Fittings for ENT and RNC: NEMA TC 3; match to conduit or tubing type and material.

G. Fittings for LFNC: UL 514B.

2.3 OPTICAL FIBER/COMMUNICATIONS CABLE RACEWAY AND FITTINGS



1. Arnco Corporation. 2. Endot Industries Inc. 3. IPEX Inc. 4. Lamson & Sessions; Carlon Electrical Products.

C. Description: Comply with UL 2024; flexible type, approved for plenum installation.

2.4 METAL WIREWAYS



1. Cooper B-Line, Inc. 2. Hoffman. 3. Square D; Schneider Electric.

C. Description: Sheet metal sized and shaped as indicated, NEMA 250, Type 1, unless otherwise indicated.

D. Fittings and Accessories: Include couplings, offsets, elbows, expansion joints, adapters, hold-down straps, end caps, and other fittings to match and mate with wireways as required for complete system.

E. Wireway Covers: As indicated.

F. Finish: Manufacturer's standard enamel finish.



2.5 NONMETALLIC WIREWAYS



1. Hoffman. 2. Lamson & Sessions; Carlon Electrical Products.

C. Description: Fiberglass polyester, extruded and fabricated to size and shape indicated, with no holes or knockouts. Cover is gasketed with oil-resistant gasket material and fastened with captive screws treated for corrosion resistance. Connections are flanged, with stainless-steel screws and oil-resistant gaskets.

D. Description: PVC plastic, extruded and fabricated to size and shape indicated, with snap-on cover and mechanically coupled connections with plastic fasteners.

E. Fittings and Accessories: Include couplings, offsets, elbows, expansion joints, adapters, hold-down straps, end caps, and other fittings to match and mate with wireways as required for complete system.

2.6 SURFACE RACEWAYS

A. Surface Metal Raceways: Galvanized steel with snap-on covers. Prime coating, ready for field painting.

1. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following:

2. Manufacturers: Subject to compliance with requirements, provide products by one of the following:

a. Thomas & Betts Corporation. b. Walker Systems, Inc.; Wiremold Company (The). c. Wiremold Company (The); Electrical Sales Division.

B. Surface Nonmetallic Raceways: Two-piece construction, manufactured of rigid PVC with texture and color selected by Architect from manufacturer's standard colors.





a. Butler Manufacturing Company; Walker Division. b. Enduro Systems, Inc.; Composite Products Division. c. Hubbell Incorporated; Wiring Device-Kellems

Division. d. Lamson & Sessions; Carlon Electrical Products. e. Panduit Corp. f. Walker Systems, Inc.; Wiremold Company (The). g. Wiremold Company (The); Electrical Sales Division.

2.7 BOXES, ENCLOSURES, AND CABINETS



1. Cooper Crouse-Hinds; Div. of Cooper Industries, Inc. 2. EGS/Appleton Electric. 3. Erickson Electrical Equipment Company. 4. Hoffman. 5. Hubbell Incorporated; Killark Electric Manufacturing

Co. Division. 6. O-Z/Gedney; a unit of General Signal. 7. RACO; a Hubbell Company. 8. Robroy Industries, Inc.; Enclosure Division. 9. Scott Fetzer Co.; Adalet Division. 10. Spring City Electrical Manufacturing Company. 11. Thomas & Betts Corporation. 12. Walker Systems, Inc.; Wiremold Company (The). 13. Woodhead, Daniel Company; Woodhead Industries, Inc.

Subsidiary.

C. Sheet Metal Outlet and Device Boxes: NEMA OS 1.

D. Cast-Metal Outlet and Device Boxes: NEMA FB 1, ferrous alloy, Type FD, with gasketed cover.

E. Nonmetallic Outlet and Device Boxes: NEMA OS 2.

F. Metal Floor Boxes: Cast or sheet metal, fully adjustable, rectangular.



G. Nonmetallic Floor Boxes: Nonadjustable, round.

H. Small Sheet Metal Pull and Junction Boxes: NEMA OS 1.

I. Cast-Metal Access, Pull, and Junction Boxes: NEMA FB 1, galvanized, cast iron with gasketed cover.

J. Hinged-Cover Enclosures: NEMA 250, Type 1, with continuous-hinge cover with flush latch, unless otherwise indicated.

1. Metal Enclosures: Steel, finished inside and out with manufacturer's standard enamel.

2. Nonmetallic Enclosures: Plastic, finished inside with radio-frequency-resistant paint.

K. Cabinets:

1. NEMA 250, Type 1, galvanized-steel box with removable interior panel and removable front, finished inside and out with manufacturer's standard enamel.

2. Hinged door in front cover with flush latch and concealed hinge.

3. Key latch to match panelboards. 4. Metal barriers to separate wiring of different systems

and voltage. 5. Accessory feet where required for freestanding

equipment.

2.8 HANDHOLES AND BOXES FOR EXTERIOR UNDERGROUND WIRING

A. Description: Comply with SCTE 77.

1. Color of Frame and Cover: Gray. 2. Configuration: Units shall be designed for flush

burial and have integral closed bottom, unless otherwise indicated.

3. Cover: Weatherproof, secured by tamper-resistant locking devices and having structural load rating consistent with enclosure.

4. Cover Finish: Nonskid finish shall have a minimum coefficient of friction of 0.50.

5. Cover Legend: Molded lettering, as indicated for each service.

6. Conduit Entrance Provisions: Conduit-terminating fittings shall mate with entering ducts for secure, fixed installation in enclosure wall.

7. Handholes 24 inches wide by 48 inches long and larger shall have inserts for cable racks and pulling-in irons installed before concrete is poured.



B. Polymer-Concrete Handholes and Boxes with Polymer-Concrete Cover: Molded of sand and aggregate, bound together with polymer resin, and reinforced with steel or fiberglass or a combination of the two.



3. Basis-of-Design Product: Subject to compliance with requirements, provide the product indicated on Drawings or a comparable product by one of the following:

a. Armorcast Products Company. b. Carson Industries LLC. c. CDR Systems Corporation. d. NewBasis.

C. Fiberglass Handholes and Boxes with Polymer-Concrete Frame and Cover: Sheet-molded, fiberglass-reinforced, polyester-resin enclosure joined to polymer-concrete top ring or frame.




a. Armorcast Products Company. b. Carson Industries LLC. c. Christy Concrete Products. d. Synertech Moulded Products, Inc.; a division of

Oldcastle Precast.

D. Fiberglass Handholes and Boxes: Molded of fiberglass-reinforced polyester resin, with covers of polymer concrete.

1. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may



be incorporated into the Work include, but are not limited to, the following:



a. Carson Industries LLC. b. Christy Concrete Products. c. Nordic Fiberglass, Inc.

2.9 SLEEVES FOR RACEWAYS



C. Sleeves for Rectangular Openings: Galvanized sheet steel with minimum 0.052- or 0.138-inch (1.3- or 3.5-mm) t hickness as indicated and of length to suit application.

D. Coordinate sleeve selection and application with selection and application of firestopping specified in Division 07 Section "Penetration Firestopping."

2.10 SLEEVE SEALS



C. Basis-of-Design Product: Subject to compliance with requirements, provide the product indicated on Drawings or a comparable product by one of the following:

1. Advance Products & Systems, Inc. 2. Calpico, Inc. 3. Metraflex Co. 4. Pipeline Seal and Insulator, Inc.



2.11 SOURCE QUALITY CONTROL FOR UNDERGROUND ENCLOSURES

A. Handhole and Pull-Box Prototype Test: Test prototypes of handholes and boxes for compliance with SCTE 77. Strength tests shall be for specified tier ratings of products supplied.

1. Tests of materials shall be performed by a independent testing agency.

2. Strength tests of complete boxes and covers shall be by either an independent testing agency or manufacturer. A qualified registered professional engineer shall certify tests by manufacturer.

3. Testing machine pressure gages shall have current calibration certification complying with ISO 9000 and ISO 10012, and traceable to NIST standards.

PART 3 - EXECUTION

3.1 RACEWAY APPLICATION

A. Outdoors: Apply raceway products as specified below, unless otherwise indicated:

1. Exposed Conduit: Rigid steel conduit. 2. Concealed Conduit, Aboveground: EMT. 3. Underground Conduit: RNC, Type EPC-40-PVC, direct

buried. 4. Connection to Vibrating Equipment (Including

Transformers and Hydraulic, Pneumatic, Electric Solenoid, or Motor-Driven Equipment): LFMC.

5. Boxes and Enclosures, Aboveground: NEMA 250, Type 3R. 6. Application of Handholes and Boxes for Underground

Wiring:

a. Handholes and Pull Boxes in Driveway, Parking Lot, and Off-Roadway Locations, Subject to Occasional, Nondeliberate Loading by Heavy Vehicles: Polymer concrete, SCTE 77, Tier 15 structural load rating.

b. Handholes and Pull Boxes in Sidewalk and Similar Applications with a Safety Factor for Nondeliberate Loading by Vehicles: Polymer-concrete units, SCTE 77, Tier 8 structural load rating.

c. Handholes and Pull Boxes Subject to Light-Duty Pedestrian Traffic Only: Fiberglass-reinforced polyester resin, structurally tested according to SCTE 77 with 3000-lbf (13 345-N) vertical loading.

B. Comply with the following indoor applications, unless otherwise indicated:



1. Exposed, Not Subject to Physical Damage: EMT. 2. Exposed, Not Subject to Severe Physical Damage: EMT. 3. Exposed and Subject to Severe Physical Damage: Rigid

steel conduit. Includes raceways in the following locations:

a. Loading dock. b. Corridors used for traffic of mechanized carts,

forklifts, and pallet-handling units. c. Mechanical rooms.

4. Concealed in Ceilings and Interior Walls and Partitions: EMT or RNC, Type EPC-40-PVC.

5. Connection to Vibrating Equipment (Including Transformers and Hydraulic, Pneumatic, Electric Solenoid, or Motor-Driven Equipment): FMC, except use LFMC in damp or wet locations.

6. Damp or Wet Locations: Rigid steel conduit. 7. Raceways for Optical Fiber or Communications Cable in

Spaces Used for Environmental Air: EMT. 8. Raceways for Optical Fiber or Communications Cable

Risers in Vertical Shafts: EMT. 9. Raceways for Concealed General Purpose Distribution of

Optical Fiber or Communications Cable: Plenum-type, optical fiber/communications cable raceway, EMT.

10. Boxes and Enclosures: NEMA 250, Type 1, except use NEMA 250, Type 4, nonmetallic in damp or wet locations.

C. Minimum Raceway Size: 3/4-inch (21-mm) trade size.

D. Raceway Fittings: Compatible with raceways and suitable for use and location.

1. Rigid and Intermediate Steel Conduit: Use threaded rigid steel conduit fittings, unless otherwise indicated.

2. PVC Externally Coated, Rigid Steel Conduits: Use only fittings listed for use with that material. Patch and seal all joints, nicks, and scrapes in PVC coating after installing conduits and fittings. Use sealant recommended by fitting manufacturer.

E. Install nonferrous conduit or tubing for circuits operating above 60 Hz. Where aluminum raceways are installed for such circuits and pass through concrete, install in nonmetallic sleeve.

F. Do not install aluminum conduits in contact with concrete.



3.2 INSTALLATION

A. Comply with NECA 1 for installation requirements applicable to products specified in Part 2 except where requirements on Drawings or in this Article are stricter.

B. Keep raceways at least 6 inches (150 mm) away from parallel runs of flues and steam or hot-water pipes. Install horizontal raceway runs above water and steam piping.

C. Complete raceway installation before starting conductor installation.

D. Support raceways as specified in Division 26 Section "Hangers and Supports for Electrical Systems."

E. Arrange stub-ups so curved portions of bends are not visible above the finished slab.

F. Install no more than the equivalent of three 90-degree bends in any conduit run except for communications conduits, for which fewer bends are allowed.

G. Conceal conduit and EMT within finished walls, ceilings, and floors, unless otherwise indicated.

H. Raceways Embedded in Slabs:

1. Run conduit larger than 1-inch (27-mm) trade size, parallel or at right angles to main reinforcement. Where at right angles to reinforcement, place conduit close to slab support.

2. Arrange raceways to cross building expansion joints at right angles with expansion fittings.

3. Change from ENT to RNC, Type EPC-40-PVC, rigid steel conduit, or IMC before rising above the floor.

I. Threaded Conduit Joints, Exposed to Wet, Damp, Corrosive, or Outdoor Conditions: Apply listed compound to threads of raceway and fittings before making up joints. Follow compound manufacturer's written instructions.

J. Raceway Terminations at Locations Subject to Moisture or Vibration: Use insulating bushings to protect conductors, including conductors smaller than No. 4 AWG.

K. Install pull wires in empty raceways. Use polypropylene or monofilament plastic line with not less than 200-lb ( 90-kg) tensile strength. Leave at least 12 inches (300 mm) of slack at each end of pull wire.



L. Raceways for Optical Fiber and Communications Cable: Install raceways, metallic and nonmetallic, rigid and flexible, as follows:

1. 3/4-Inch (19-mm) Trade Size and Smaller: Install r aceways in maximum lengths of 50 feet (15 m) .

2. 1-Inch (25-mm) Trade Size and Larger: Install r aceways in maximum lengths of 75 feet (23 m) .

3. Install with a maximum of two 90-degree bends or equivalent for each length of raceway unless Drawings show stricter requirements. Separate lengths with pull or junction boxes or terminations at distribution frames or cabinets where necessary to comply with these requirements.

M. Install raceway sealing fittings at suitable, approved, and accessible locations and fill them with listed sealing compound. For concealed raceways, install each fitting in a flush steel box with a blank cover plate having a finish similar to that of adjacent plates or surfaces. Install raceway sealing fittings at the following points:

1. Where conduits pass from warm to cold locations, such as boundaries of refrigerated spaces.

2. Where otherwise required by NFPA 70.

N. Expansion-Joint Fittings for RNC: Install in each run of aboveground conduit that is located where environmental temperature change may exceed 30 deg F (17 deg C) , and t hat has straight-run length that exceeds 25 feet (7.6 m) .

1. Install expansion-joint fittings for each of the following locations, and provide type and quantity of fittings that accommodate temperature change listed for location:

a. Outdoor Locations Not Exposed to Direct Sunlight: 125 deg F (70 deg C) temperature change.

b. Outdoor Locations Exposed to Direct Sunlight: 155 deg F (86 deg C) temperature change.

c. Indoor Spaces: Connected with the Outdoors without Physical Separation: 125 deg F (70 deg C) t emperature change.

d. Attics: 135 deg F (75 deg C) temperature change.

2. Install fitting(s) that provide expansion and contraction for at least 0.00041 inch per foot of l ength of straight run per deg F (0.06 mm per meter of l ength of straight run per deg C) of temperature change.

3. Install each expansion-joint fitting with position, mounting, and piston setting selected according to



manufacturer's written instructions for conditions at specific location at the time of installation.

O. Flexible Conduit Connections: Use maximum of 72 inches ( 1830 mm) of flexible conduit for recessed and semirecessed lighting fixtures, equipment subject to vibration, noise transmission, or movement; and for transformers and motors.

1. Use LFMC in damp or wet locations subject to severe physical damage.

2. Use LFMC or LFNC in damp or wet locations not subject to severe physical damage.

P. Recessed Boxes in Masonry Walls: Saw-cut opening for box in center of cell of masonry block, and install box flush with surface of wall.

Q. Set metal floor boxes level and flush with finished floor surface.

R. Set nonmetallic floor boxes level. Trim after installation to fit flush with finished floor surface.

3.3 INSTALLATION OF UNDERGROUND CONDUIT

A. Direct-Buried Conduit:

1. Excavate trench bottom to provide firm and uniform support for conduit. Prepare trench bottom as specified in Division 31 Section "Earth Moving" for pipe less than 6 inches (150 mm) in nominal diameter.

2. Install backfill as specified in Division 31 Section "Earth Moving."

3. After installing conduit, backfill and compact. Start at tie-in point, and work toward end of conduit run, leaving conduit at end of run free to move with expansion and contraction as temperature changes during this process. Firmly hand tamp backfill around conduit to provide maximum supporting strength. After placing controlled backfill to within 12 inches (300 mm) of finished grade, make final conduit connection at end of run and complete backfilling with normal compaction as specified in Division 31 Section "Earth Moving."

4. Install manufactured duct elbows for stub-ups at poles and equipment and at building entrances through the floor, unless otherwise indicated. Encase elbows for stub-up ducts throughout the length of the elbow.

5. Install manufactured rigid steel conduit elbows for stub-ups at poles and equipment and at building entrances through the floor.



a. Couple steel conduits to ducts with adapters designed for this purpose, and encase coupling with 3 inches (75 mm) of concrete.

b. For stub-ups at equipment mounted on outdoor concrete bases, extend steel conduit horizontally a minimum of 60 inches (1500 mm) from edge of equipment pad or foundation. Install insulated grounding bushings on terminations at equipment.

6. Warning Planks: Bury warning planks approximately 12 i nches (300 mm) above direct-buried conduits, placing t hem 24 inches (600 mm) o.c. Align planks along the width and along the centerline of conduit.

3.4 INSTALLATION OF UNDERGROUND HANDHOLES AND BOXES

A. Install handholes and boxes level and plumb and with orientation and depth coordinated with connecting conduits to minimize bends and deflections required for proper entrances.

B. Unless otherwise indicated, support units on a level bed of crushed stone or gravel, graded from 1/2-inch (12.5-mm) sieve to No. 4 (4.75-mm) sieve and compacted to same density as adjacent undisturbed earth.

C. Elevation: In paved areas, set so cover surface will be flush with finished grade. Set covers of other enclosures 1 inch (25 mm) above finished grade.

D. Install handholes and boxes with bottom below the frost line, below grade.

E. Install removable hardware, including pulling eyes, cable stanchions, cable arms, and insulators, as required for installation and support of cables and conductors and as indicated. Select arm lengths to be long enough to provide spare space for future cables, but short enough to preserve adequate working clearances in the enclosure.

F. Field-cut openings for conduits according to enclosure manufacturer's written instructions. Cut wall of enclosure with a tool designed for material to be cut. Size holes for terminating fittings to be used, and seal around penetrations after fittings are installed.


A. Coordinate sleeve selection and application with selection and application of firestopping specified in Division 07 Section "Penetration Firestopping."





D. Rectangular Sleeve Minimum Metal Thickness:

1. For sleeve cross-section rectangle perimeter less than 50 inches (1270 mm) and no side greater than 16 inches ( 400 mm) , thickness shall be 0.052 inch (1.3 mm) .

2. For sleeve cross-section rectangle perimeter equal to, or greater than, 50 inches (1270 mm) and 1 or more sides equal to, or greater than, 16 inches (400 mm) , t hickness shall be 0.138 inch (3.5 mm) .

E. Fire-Rated Assemblies: Install sleeves for penetrations of fire-rated floor and wall assemblies unless openings compatible with firestop system used are fabricated during construction of floor or wall.

F. Cut sleeves to length for mounting flush with both surfaces of walls.

G. Extend sleeves installed in floors 2 inches (50 mm) above f inished floor level.

H. Size pipe sleeves to provide 1/4-inch (6.4-mm) annular c lear space between sleeve and raceway unless sleeve seal is to be installed[ or unless seismic criteria require different clearance].

I. Seal space outside of sleeves with grout for penetrations of concrete and masonry and with approved joint compound for gypsum board assemblies.

J. Interior Penetrations of Non-Fire-Rated Walls and Floors: Seal annular space between sleeve and raceway, using joint sealant appropriate for size, depth, and location of joint. Refer to Division 07 Section "Joint Sealants" for materials and installation.

K. Fire-Rated-Assembly Penetrations: Maintain indicated fire rating of walls, partitions, ceilings, and floors at raceway penetrations. Install sleeves and seal with firestop materials. Comply with Division 07 Section "Penetration Firestopping."

L. Roof-Penetration Sleeves: Seal penetration of individual raceways with flexible, boot-type flashing units applied in coordination with roofing work.



M. Aboveground, Exterior-Wall Penetrations: Seal penetrations using sleeves and mechanical sleeve seals. Select sleeve size to allow for 1-inch (25-mm) annular c lear space between pipe and sleeve for installing mechanical sleeve seals.

N. Underground, Exterior-Wall Penetrations: Install cast-iron "wall pipes" for sleeves. Size sleeves to allow for 1-inch (25-mm) annular clear space between raceway and sleeve for installing mechanical sleeve seals.


A. Install to seal underground, exterior wall penetrations.

B. Use type and number of sealing elements recommended by manufacturer for raceway material and size. Position raceway in center of sleeve. Assemble mechanical sleeve seals and install in annular space between raceway and sleeve. Tighten bolts against pressure plates that cause sealing elements to expand and make watertight seal.

3.7 FIRESTOPPING

A. Apply firestopping to electrical penetrations of fire-rated floor and wall assemblies to restore original fire-resistance rating of assembly. Firestopping materials and installation requirements are specified in Division 07 Section "Penetration Firestopping."

3.8 PROTECTION

A. Provide final protection and maintain conditions that ensure coatings, finishes, and cabinets are without damage or deterioration at time of Substantial Completion.

1. Repair damage to galvanized finishes with zinc-rich paint recommended by manufacturer.

2. Repair damage to PVC or paint finishes with matching touchup coating recommended by manufacturer.
