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IFB # 12-5013-26 – Server Room Split Unit AC System 1 of 134 Date Updated 4/30/12 (5/23/2012) KANSAS CITY AREA TRANSPORTATION AUTHORITY Procurement Department 1350 East 17 th Street Kansas City, Missouri 64108 INVITATION FOR BID BID # 12-5013-26 Server Room Split Unit AC System Date: May 23, 2012 Contact: Will Hobart, Procurement Supervisor Telephone Number: 816-346-0248 FAX Number: 816-346-0336 E-Mail: [email protected]

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Page 1: KANSAS CITY AREA TRANSPORTATION AUTHORITY · IFB # 12-5013-26 – Server Room Split Unit AC System 1 of 134 Date Updated 4/30/12 (5/23/2012) KANSAS CITY AREA TRANSPORTATION AUTHORITY

IFB # 12-5013-26 – Server Room Split Unit AC System 1 of 134

Date Updated 4/30/12 (5/23/2012)

KANSAS CITY AREA TRANSPORTATION AUTHORITY

Procurement Department

1350 East 17th Street

Kansas City, Missouri 64108

INVITATION FOR BID

BID # 12-5013-26

Server Room Split Unit AC System

Date: May 23, 2012

Contact: Will Hobart, Procurement Supervisor

Telephone Number: 816-346-0248

FAX Number: 816-346-0336

E-Mail: [email protected]

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IFB # 12-5013-26 – Server Room Split Unit AC System

2 of 134

Date Updated 4/30/12 (5/23/2012)

Date: May 23, 2012

Subject: Bid # 12-5013-26

Bid Name: Server Room Split Unit AC System

The Kansas City Area Transportation Authority (KCATA) requires the services of a qualified contractor to

furnish and install a new split unit AC system in it Security Server Room located at 1200 E. 17th Street,

Kansas City, MO 64108. The contractor shall be responsible for all necessary labor, materials,

equipment, supplies, tools and supervision to accomplish the work.

If you have any questions, technical, contractual, or administrative, please e-mail them to Will Hobart,

Procurement Supervisor. Questions will be received until 4:00 pm on June 13, 2012. Your bid must be

received with all required submittals as stated in the IFB no later than 2:00 pm on June 21, 2012 at:

Kansas City Area Transportation Authority

Attn: Will Hobart

Procurement Department

1350 East 17th Street

Kansas City, Missouri 64108

_________________________

Etta J. Jackson

Director of Procurement

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TABLE OF CONTENTS

SECTION 1. PROJECTED BIDDING SCHEDULE .......................................................................... 7

SECTION 2. GENERAL PROVISIONS/TECHNICAL SPECIFICATIONS............................................ 8

SECTION 3. BIDDING INFORMATION .................................................................................... 55

A. Bid Instructions ........................................................................................................... 55

1. Bid ............................................................................................................................................ 55

2. Submittal .................................................................................................................................. 55

3. Communications ...................................................................................................................... 55

4. Approved Equals ..................................................................................................................... 55

5. Protests .................................................................................................................................... 55

6. Bid Pricing ............................................................................................................................... 56

7. Omissions and Form of Contract ............................................................................................. 57

8. Authorization to Bid .................................................................................................................. 57

9. Submittal Deadline .................................................................................................................. 57

10. Incomplete Bid ......................................................................................................................... 57

11. Withdrawal of Bids ................................................................................................................... 58

12. Disclosure of Proprietary Information ..................................................................................... 58

13. Disadvantaged Business Enterprise (DBE) Requirements ...................................................... 58

B. Bid Evaluation, Acceptance, and Award .......................................................................... 59

1. Bid Evaluation .......................................................................................................................... 59

2. Bid Acceptance ........................................................................................................................ 59

3. Unbalanced Bid........................................................................................................................ 59

4. Bid Award ................................................................................................................................ 59

5. Bidder’s Responsibilities ......................................................................................................... 59

6. Reservations ............................................................................................................................ 60

7. Debarment ............................................................................................................................... 60

8. Employee Eligibility Verification ............................................................................................ 60

9. Licenses and Permits ............................................................................................................... 60

10. Lobbying.................................................................................................................................. 60

C. Required Documentation .............................................................................................. 61

1. References ............................................................................................................................... 61

2. Bid Response Forms ................................................................................................................ 61

3. Vendor Registration Form ....................................................................................................... 61

4. Employee Eligibility Verification ............................................................................................ 61

5. Certification of Debarment ...................................................................................................... 61

6. Certification of Lobbying ......................................................................................................... 62

7. Buy America Certification ........................................................................................................ 62

8. Disadvantaged Business Enterprise (DBE) .............................................................................. 62

9. Affirmative Action Compliance ............................................................................................... 62

10. Receipt of Addenda ................................................................................................................. 62

11. Other Documents ..................................................................................................................... 63

SECTION 4. CONTRACT TERMS & CONDITIONS ..................................................................... 64

1. Acceptance of Materials – No Release .................................................................................................. 64

2. Agreement in Entirety .......................................................................................................................... 64

3. Assignment ........................................................................................................................................... 64

4. Bankruptcy ............................................................................................................................................ 64

5. Bonding Requirements ......................................................................................................................... 64

6. Breach of Contract; Remedies .............................................................................................................. 65

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7. Changes ................................................................................................................................................ 65

8. Changes to Federal Requirements ....................................................................................................... 65

9. Civil Rights ............................................................................................................................................ 65

10. Conflicts of Interest (Organizational) .................................................................................................... 66

11. Continuity of Services ........................................................................................................................... 66

12. Contractor’s Personnel ......................................................................................................................... 67

13. Contractor’s Responsibility .................................................................................................................. 67

14. Debarment and Suspension Certification ............................................................................................. 67

15. Delivery ................................................................................................................................................ 67

16. Disadvantaged Business Enterprise (DBE) ........................................................................................... 67

17. Disclaimer of Federal Government Obligations or Liability ................................................................ 69

18. Dispute Resolution ................................................................................................................................ 69

19. Employee Eligibility Verification ......................................................................................................... 69

20. Construction Employee Protections ..................................................................................................... 69

21. Employee Protections ........................................................................................................................... 71

22. Environmental Regulations ................................................................................................................... 72

23. Fraud and False or Fraudulent Statements or Related Acts .................................................................. 72

24. Governing Law ..................................................................................................................................... 72

25. Headings ............................................................................................................................................... 72

26. Incorporation of Federal Transit Administration Terms ....................................................................... 72

27. Independent Contractor ....................................................................................................................... 73

28. Inspection of Services ........................................................................................................................... 73

29. Insurance .............................................................................................................................................. 73

30. Laws and Regulations ........................................................................................................................... 75

31. Liability and Indemnification ................................................................................................................ 76

32. Lobbying Restrictions ........................................................................................................................... 77

33. National Intelligent Transportation Systems Architecture and Standards ............................................ 77

34. Notification and Communication .......................................................................................................... 77

35. Ownership, Identification and Confidentiality of Work ........................................................................ 77

36. Patents and Rights in Data and Copyrights ........................................................................................... 78

37. Pre-Award and Post-Delivery Requirements ........................................................................................ 78

38. Privacy Act Requirements..................................................................................................................... 78

39. Prohibited Interests .............................................................................................................................. 78

40. Prohibited Weapons and Materials ...................................................................................................... 79

41. Qualification Requirements .................................................................................................................. 79

42. Record Retention and Access ............................................................................................................... 79

43. Requests for Payment ........................................................................................................................... 80

44. Right to Offset........................................................................................................................................ 80

45. Seat Belt Use Policy ............................................................................................................................... 81

46. Seismic Safety ....................................................................................................................................... 81

47. Service Manual and Wiring Schematic ................................................................................................. 81

48. Severability ........................................................................................................................................... 81

49. Subcontractors ...................................................................................................................................... 81

50. Suspension of Work .............................................................................................................................. 82

51. Termination ........................................................................................................................................... 82

52. Texting While Driving and Distracted Driving ..................................................................................... 83

53. Unavoidable Delays .............................................................................................................................. 83

54. U.S. Product and Service Preference .................................................................................................... 83

55. Warranty; Warranty of Title .................................................................................................................. 84

SECTION 5. DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS ........................... 85

1. Non-discrimination ............................................................................................................................... 85

2. DBE Certification .................................................................................................................................. 85

3. DBE Participation Credit ....................................................................................................................... 85

4. Documents Due With Bid Closing......................................................................................................... 85

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5. Documents Due After Award ................................................................................................................ 86

6. Letter of Intent to Subcontract ............................................................................................................... 89

7. Contractor Utilization Plan/Request for Waiver .................................................................................... 90

8. Request for Modification, Replacement or Termination of DBE Project Participation .......................... 92

9. Subcontractor Monthly Utilization Report ............................................................................................. 94

ATTACHMENTS ..................................................................................................................... 95

Attachment A Bid Checklist Form .................................................................................................................. 95

Attachment B References Form ...................................................................................................................... 96

Attachment C-1 Bid Response Form .................................................................................................................. 97

Attachment C-2 Bid Response Form .................................................................................................................. 98

Attachment D Schedule of Participation by Contractor & Subcontractors ..................................................... 99

Attachment E Vendor Registration Application ........................................................................................... 100

Attachment F-1 Guidelines for Workforce Analysis ....................................................................................... 104

Attachment F-2 Workforce Analysis Report .................................................................................................... 105

Attachment G-1 Affidavit of Primary Participants Regarding Employee Eligibility Verification ..................... 106

Attachment G-2 Affidavit of Lower-Tier Participants Regarding Employee Eligibility Verification ................ 107

Attachment H-1 Certification of Primary Participants Regarding Restrictions on Debarment ........................ 108

Attachment H-2 Certification of Lower-Tier Regarding Restrictions on Debarment ....................................... 109

Attachment I Missouri Annual Wage Order No. 18 ..................................................................................... 110

Attachment J Federal Wage Decision ......................................................................................................... 126

Attachment K Drawings ................................................................................................................................ 131

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NO BID REPLY FORM

BID # 12-5013-26

FOR SSERVER ROOM SPLIT UNIT AC SYSTEM

To assist KCATA in obtaining good competition on its Invitation for Bid, we ask that if you received an invitation

but do not wish to bid, please state the reason(s) below and return this form to Will Hobart, Procurement

Department, KCATA, 1350 East 17th Street, Kansas City, MO 64108, fax (816) 346-0336.

This information will not preclude receipt of future invitations unless you request removal from the Bidder’s List

by so indicating below.

Unfortunately, we must offer a “No Bid” at this time because:

____ 1. We do not wish to participate in the bidding process.

____ 2. We do not wish to bid under the terms and conditions of the Invitation for Bid document. Our objections

are:

____ 3. We do not feel we can be competitive.

____ 4. We do not provide the services on which Bids are requested.

____ 5. Other:

____ We wish to remain on the Bidder’s list for these services.

____ We wish to be removed from the Bidder’s list for these services.

FIRM NAME SIGNATURE DATE

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Bid # 12-5013-26

SERVER ROOM SPLIT UNIT AC SYSTEM

SECTION 1

PROJECTED BIDDING SCHEDULE

Bid Advertisement May 23, 2012

Bid Issue May 23, 2012

Pre-Bid Conference June 6, 2012

A. Location Training Bldg

Conference Room

1350 E. 18th Street

Kansas City, MO

B. Date & Time June 6, 2012

10:00 am

Deadline for Bidder Questions, Requests for Clarifications, and Approved Equals June 13, 2012

4:00 pm

KCATA Responds to Bidders Questions, Requests for Clarification, and Approved Equals June 15, 2012

Bid Closing June 21, 2012

2:00 pm

Bid Opening June 21, 2012

A. Location Training Bldg

Conference Room

1350 E. 18th Street

Kansas City, MO

B. Date & Time June 21, 2012

2:10 pm

Contract Award (Tentative) June, 2012

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SECTION 2

GENERAL PROVISIONS/TECHNICAL SPECIFICATIONS

INTRODUCTION

The Kansas City Area Transportation Authority (KCATA or Authority) was formed in 1965 by the signing of a bi-

state compact between the States of Missouri and Kansas. The compact gives the KCATA responsibility for

planning, constructing, owning and operating transportation systems and facilities within the seven-county

metropolitan area.

The counties are Cass, Clay, Jackson, and Platte in Missouri; and Johnson, Leavenworth, and Wyandotte in

Kansas. The Authority’s Metro Division operates a fleet of 300 buses on 70 routes, logging nearly 52,000

passenger trips every weekday. Service is provided from 4 a.m. to 1 a.m. seven days a week and includes

MAX, the Metro Area Express; Metro Local and Express service; and MetroFlex, which is demand-response

bus service.

In addition, KCATA also operates the very popular Trolley Track Trail, 35 park-and-rides and MetroCenters,

Share-A-Fare paratransit service, and the AdVANtage Vanpool Program.

A. GENERAL PROVISIONS

KCATA is requesting bids from qualified firms to furnish and install a new split unit AC system to the Security

Server Room. The term of the contract will be for one hundred eighty (180) days from notice to proceed.

This project consists of installation of a new split unit AC system to the Security Server Room, which is currently

supplied by the existing building-system. The work will include but is not limited to: a new fan coil unit, air

cooled condenser, refrigerant and condensate piping, pipe installation, refrigerant, electrical power and controls

and all other necessary items for a fully operational system. The successful bidder shall furnish all necessary

labor, materials, equipment, supplies, tool and supervision to accomplish the work called for in the contract in

accordance with the specifications and documents herein. All applicable permits are the responsibility of the

Contractor. During the progress of the work and upon completion, the site shall be kept clean and in good

order by the successful bidder. Removal and disposal of resulting debris and other waste material shall be the

responsibility of the contractor as bid at no additional cost to KCATA. Contractor must abide by disposal rules

and regulations of Federal, State and Local Authorities.

Missouri Annual Wage Order Number 18 is applicable to this bid. The project is located in Jackson County,

Missouri. Successful bidder shall pay prevailing hourly rate as outlined in the AWO and/or Federal Wage

Determination. In the event that there is a conflict with the State or Federal rate of pay, the higher rate shall

prevail.

The project shall be accomplished under a single Unit Price Contract. It is the intent of the drawings and

specifications that the resulting improvements be fully completed and functional ready for operation.

KCATA reserves the right to add to or reduce the scope of work if it determines it is in the best interest of the

KCATA. Scope change may be accomplished by addition/reduction of quantities or otherwise

addition/elimination of work items in their entirety. Contractor shall obtain written approval from the KCATA

prior to ordering of equipment and materials.

The site is available for inspection on June 6, 2012 at 10:00 am. Interested parties should report to the Training

Building Conference Room located at 1350 E. 17th Street, Kansas City, MO 64108.

The Kansas City Area Transportation Authority is exempt from federal excise, federal transportation and state

sales tax and such taxes shall not be included in price quotations. All discounts should be reflected in each unit

price quote unless otherwise specified.

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B. TECHNICAL SPECIFICATIONS

SECTION 010000 - GENERAL REQUIREMENTS

1.1 GENERAL INTENTION

A. Contractor shall completely prepare site for building operations, including demolition and removal of

existing structures, and furnish labor and materials and perform work for the installation of new Server

Room HVAC as required by drawings and specifications.

B. Offices of BWR, as Architect-Engineers, will render certain technical services during construction. Such

services shall be considered as advisory and shall not be construed as expressing or implying a

contractual act without affirmations by KCATA.

C. All employees of general contractor and subcontractors shall comply with KCATA security

management program and obtain permission of KCATA, be identified by project and employer, and

restricted from unauthorized access.

1.2 STATEMENT OF BID ITEM(S)

A. Base Bid: Work includes general, mechanical and electrical work necessary for installation of Server

Room HVAC in Building 3 at Central Complex.

1.3 SPECIFICATIONS AND DRAWINGS FOR CONTRACTOR

A. AFTER AWARD OF CONTRACT, 5 sets of specifications and drawings will be furnished. These drawings

and specifications will consist of those returned by prospective bidders.

B. Additional sets of drawings may be made by the Contractor, at Contractor's expense.

1.4 CONSTRUCTION SECURITY REQUIREMENTS

A. Security Plan:

1. The security plan defines both physical and administrative security procedures that will remain

effective for the entire duration of the project.

2. The General Contractor is responsible for assuring that all sub-contractors working on the

project and their employees also comply with these regulations.

B. Security Procedures:

1. General Contractor’s employees shall not enter the project site without appropriate badge.

They may also be subject to inspection of their personal effects when entering or leaving the

project site.

2. For working outside the “regular hours” as defined in the contract, The General Contractor

shall give 3 days notice to KCATA so that security escort arrangements can be provided for the

employees. This notice is separate from any notices required for utility shutdown described

later in this section.

3. No photography of KCATA premises is allowed without written permission of KCATA.

4. KCATA reserves the right to close down or shut down the project site and order General

Contractor’s employees off the premises in the event of a national emergency. The General

Contractor may return to the site only with the written approval of KCATA.

C. Motor Vehicle Restrictions

1. Vehicle authorization request shall be required for any vehicle entering the site and such

request shall be submitted 24 hours before the date and time of access. Access shall be

restricted to picking up and dropping off materials and supplies.

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1.5 FIRE SAFETY

A. Applicable Publications: Publications listed below form part of this Article to extent referenced.

Publications are referenced in text by basic designations only.

1. American Society for Testing and Materials (ASTM):

E84-2008 .........................................Surface Burning Characteristics of Building Materials

2. National Fire Protection Association (NFPA):

10-2006 ...........................................Standard for Portable Fire Extinguishers

30-2007 ...........................................Flammable and Combustible Liquids Code

51B-2003 .........................................Standard for Fire Prevention During Welding, Cutting and Other Hot

Work

70-2007 ...........................................National Electrical Code

241-2004 ........................................... Standard for Safeguarding Construction, Alteration, and Demolition

Operations

3. Occupational Safety and Health Administration (OSHA):

29 CFR 1926 ....................................Safety and Health Regulations for Construction

B. Site and Building Access: Maintain free and unobstructed access to facility emergency services and for

fire, police and other emergency response forces in accordance with NFPA 241.

C. Separate temporary facilities, such as trailers, storage sheds, and dumpsters, from existing buildings

and new construction by distances in accordance with NFPA 241. For small facilities with less than 6 m

(20 feet) exposing overall length, separate by 3m (10 feet).

D. Means of Egress: Do not block exiting for occupied buildings, including paths from exits to roads.

Minimize disruptions and coordinate with KCATA.

E. Egress Routes for Construction Workers: Maintain free and unobstructed egress. Inspect daily.

F. Fire Extinguishers: Provide and maintain extinguishers in construction areas and temporary storage

areas in accordance with 29 CFR 1926, NFPA 241 and NFPA 10.

G. Existing Fire Protection: Do not impair automatic sprinklers, smoke and heat detection, and fire alarm

systems, except for portions immediately under construction, and temporarily for connections.

H. Smoking: Smoking is prohibited in and adjacent to construction areas inside existing buildings and

additions under construction. In separate and detached buildings under construction, smoking is

prohibited except in designated smoking rest areas.

I. Dispose of waste and debris in accordance with NFPA 241. Remove from buildings daily.

1.6 OPERATIONS AND STORAGE AREAS

A. The Contractor shall confine all operations (including storage of materials) on KCATA premises to

areas authorized or approved by KCATA. The Contractor shall hold and save KCATA, its officers and

agents, free and harmless from liability of any nature occasioned by the Contractor's performance.

B. The Contractor shall, under regulations prescribed by KCATA, use only established roadways. When it

is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The

Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

C. Working space and space available for storing materials shall be as determined by KCATA.

D. Workmen are subject to rules of KCATA applicable to their conduct.

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E. Execute work so as to interfere as little as possible with normal functioning of KCATA as a whole,

including operations of utility services, fire protection systems and any existing equipment, and with

work being done by others. Use of equipment and tools that transmit vibrations and noises through the

building structure, are not permitted in buildings that are occupied, during construction.

1. Do not store materials and equipment in other than assigned areas.

F. Phasing: To insure such executions, Contractor shall furnish KCATA with a schedule of approximate

dates on which the Contractor intends to accomplish work in each specific area of site, building or

portion thereof. In addition, Contractor shall notify KCATA two weeks in advance of the proposed date

of starting work in each specific area of site, building or portion thereof.

G. Utilities Services: Maintain existing utility services for KCATA at all times. Provide temporary facilities,

labor, materials, equipment, connections, and utilities to assure uninterrupted services. Where

necessary to cut existing water, steam, gases, sewer or air pipes, or conduits, wires, cables, etc. of

utility services or of fire protection systems and communications systems (including telephone), they

shall be cut and capped at suitable places where shown; or, in absence of such indication, where

directed by KCATA.

1. No utility service such as water, gas, steam, sewers or electricity, or fire protection systems and

communications systems may be interrupted without prior approval of KCATA. Electrical work

shall be accomplished with all affected circuits or equipment de-energized. When an electrical

outage cannot be accomplished, work on any energized circuits or equipment shall not

commence without KCATA prior knowledge and written approval.

2. Contractor shall submit a request to interrupt any such services to KCATA, in writing, 48 hours

in advance of proposed interruption. Request shall state reason, date, exact time of, and

approximate duration of such interruption.

3. Major interruptions of any system must be requested, in writing, at least 15 calendar days prior

to the desired time

H. Abandoned Lines: All service lines such as wires, cables, conduits, ducts, pipes and the like, and their

hangers or supports, which are to be abandoned but are not required to be entirely removed, shall be

sealed, capped or plugged. The lines shall not be capped in finished areas, but shall be removed and

sealed, capped or plugged in ceilings, within furred spaces, in unfinished areas, or within walls or

partitions; so that they are completely behind the finished surfaces.

I. To minimize interference of construction activities with flow of KCATA traffic, comply with the

following:

1. Keep roads, walks and entrances to grounds, to parking and to occupied areas of buildings

clear of construction materials, debris and standing construction equipment and vehicles

1.7 ALTERATIONS

A. Survey: Before any work is started, the Contractor shall make a thorough survey with KCATA

representative of areas of buildings in which alterations occur and areas which are anticipated routes

of access, and furnish a report, signed by all, to KCATA. This report shall list by rooms and spaces:

1. Existing condition and types of resilient flooring, doors, windows, walls and other surfaces not

required to be altered throughout affected areas of building.

2. Existence and conditions of items such as plumbing fixtures and accessories, electrical fixtures,

equipment, etc., required by drawings to be either reused or relocated, or both.

3. Shall note any discrepancies between drawings and existing conditions at site.

4. Shall designate areas for working space, materials storage and routes of access to areas within

buildings where alterations occur and which have been agreed upon by Contractor and

KCATA.

B. Protection: Provide the following protective measures:

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1. Protection of interior of existing structures at all times, from damage, dust and weather

inclemency. Wherever work is performed, floor surfaces that are to remain in place shall be

adequately protected prior to starting work, and this protection shall be maintained intact until

all work in the area is completed.

1.8 DISPOSAL AND RETENTION

A. Materials and equipment accruing from work removed and from demolition of buildings or structures,

or parts thereof, shall be disposed of as follows:

1. Reserved items which are to remain property of KCATA are identified by attached tags or

noted on drawings or in specifications as items to be stored. Items that remain property of

KCATA shall be removed or dislodged from present locations in such a manner as to prevent

damage which would be detrimental to re-installation and reuse. Store such items where

directed by KCATA.

2. Items not reserved shall become property of the Contractor and be removed by Contractor

from KCATA.

3. Items of portable equipment and furnishings located in rooms and spaces in which work is to

be done under this contract shall remain the property of KCATA.

1.9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS

A. The Contractor shall protect from damage all existing improvements and utilities at or near the work

site and on adjacent property of a third party, the locations of which are made known to or should be

known by the Contractor. The Contractor shall repair any damage to those facilities, including those

that are the property of a third party, resulting from failure to comply with the requirements of this

contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses

to repair the damage promptly, KCATA may have the necessary work performed and charge the cost

to the Contractor.

1.10 RESTORATION

A. Remove, cut, alter, replace, patch and repair existing work as necessary to install new work. Except as

otherwise shown or specified, do not cut, alter or remove any structural work, and do not disturb any

ducts, plumbing, steam, gas, or electric work without approval of KCATA. Existing work to be altered

or extended and that is found to be defective in any way, shall be reported to KCATA before it is

disturbed. Materials and workmanship used in restoring work, shall conform in type and quality to that

of original existing construction, except as otherwise shown or specified.

B. Upon completion of contract, deliver work complete and undamaged. Existing work (walls, ceilings,

partitions, floors, mechanical and electrical work, lawns, paving, roads, walks, etc.) disturbed or

removed as a result of performing required new work, shall be patched, repaired, reinstalled, or

replaced with new work, and refinished and left in as good condition as existed before commencing

work.

C. At Contractor's own expense, Contractor shall immediately restore to service and repair any damage

caused by Contractor's workmen to existing piping and conduits, wires, cables, etc., of utility services

or of fire protection systems and communications systems (including telephone) which are indicated on

drawings and which are not scheduled for discontinuance or abandonment.

1.11 AS-BUILT DRAWINGS

A. The contractor shall maintain two full size sets of as-built drawings which will be kept current during

construction of the project, to include all contract changes, modifications and clarifications.

B. All variations shall be shown in the same general detail as used in the contract drawings. To insure

compliance, as-built drawings shall be made available for KCATA's review, as often as requested.

C. Contractor shall deliver two approved completed sets of as-built drawings to KCATA within 15

calendar days after each completed phase and after the acceptance of the project by KCATA.

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D. Paragraphs A, B, & C shall also apply to all shop drawings.

1.12 USE OF ROADWAYS

A. For hauling, use only established public roads and roads on KCATA property.

1.13 TEMPORARY USE OF EXISTING ELEVATORS

A. Use of existing elevator for handling building materials and Contractor's personnel will be permitted

subject to following provisions:

1. Contractor makes all arrangements with KCATA for use of elevators. The KCATA will ascertain

that elevators are in proper condition.

2. Contractor covers and provides maximum protection of following elevator components:

a. Entrance jambs, heads soffits and threshold plates.

b. Entrance columns, canopy, return panels and inside surfaces of car enclosure walls.

c. Finish flooring.

3. Place elevator in condition equal, less normal wear, to that existing at time it was placed in

service of Contractor.

1.14 AVAILABILITY AND USE OF UTILITY SERVICES

A. The Contractor, at Contractor's expense and in a workmanlike manner satisfactory to KCATA, shall

install and maintain all necessary temporary connections and distribution lines.

B. Electricity (for Construction and Testing): Furnish all temporary electric services.

1. Obtain electricity by connecting to the KCATA electrical distribution system. The Contractor

shall meter and pay for electricity required for electric cranes and hoisting devices, electrical

welding devices and any electrical heating devices providing temporary heat. Electricity for all

other uses is available at no cost to the Contractor.

C. Water (for Construction and Testing): Furnish temporary water service.

1. Obtain water by connecting to the KCATA water distribution system. Water is available at no

cost to the Contractor.

1.15 TESTS

A. Pre-test mechanical and electrical equipment and systems and make corrections required for proper

operation of such systems before requesting final tests. Final test will not be conducted unless

pre-tested.

B. Conduct final tests required in various sections of specifications in presence of an authorized

representative of KCATA. Contractor shall furnish all labor, materials, equipment, instruments, and

forms, to conduct and record such tests.

C. Mechanical and electrical systems shall be balanced, controlled and coordinated. A system is defined

as the entire complex which must be coordinated to work together during normal operation to produce

results for which the system is designed. For example, air conditioning supply air is only one part of

entire system which provides comfort conditions for a building. Other related components are return

air, exhaust air, steam, chilled water, refrigerant, hot water, controls and electricity, etc.

D. All related components as defined above shall be functioning when any system component is tested.

Tests shall be completed within a reasonably short period of time during which operating and

environmental conditions remain reasonably constant.

E. Individual test result of any component, where required, will only be accepted when submitted with

the test results of related components and of the entire system.

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1.16 INSTRUCTIONS

A. Contractor shall furnish Maintenance and Operating manuals and verbal instructions when required by

the various sections of the specifications and as hereinafter specified.

B. Manuals: One Maintenance and operating manual for each separate piece of equipment shall be

delivered to the BWR for review as well as two copies to KCATA coincidental with the delivery of the

equipment to the job site. Once BWR makes review comments and returns the O&M to Contractor, the

Contractor shall correct all copies and turn over all copies to KCATA. Manuals shall be complete,

detailed guides for the maintenance and operation of equipment. They shall include complete

information necessary for starting, adjusting, maintaining in continuous operation for long periods of

time and dismantling and reassembling of the complete units and sub-assembly components. Manuals

shall include an index covering all component parts clearly cross-referenced to diagrams and

illustrations. Illustrations shall include "exploded" views showing and identifying each separate item.

Emphasis shall be placed on the use of special tools and instruments. The function of each piece of

equipment, component, accessory and control shall be clearly and thoroughly explained. All

necessary precautions for the operation of the equipment and the reason for each precaution shall be

clearly set forth. Manuals must reference the exact model, style and size of the piece of equipment and

system being furnished. Manuals referencing equipment similar to but of a different model, style, and

size than that furnished will not be accepted.

C. Instructions: Contractor shall provide qualified, factory-trained manufacturers' representatives to give

detailed instructions to assigned KCATA personnel in the operation and complete maintenance for

each piece of equipment. All such training will be at the job site. These requirements are more

specifically detailed in the various technical sections. Instructions for different items of equipment that

are component parts of a complete system, shall be given in an integrated, progressive manner. All

instructors for every piece of component equipment in a system shall be available until instructions for

all items included in the system have been completed. This is to assure proper instruction in the

operation of inter-related systems. All instruction periods shall be at such times as scheduled by

KCATA and shall be considered concluded only when KCATA is satisfied in regard to complete and

thorough coverage.

SECTION 013300 - SUBMITTAL PROCEDURES

PART 1 – GENERAL

1.1 SUMMARY

A. Section includes requirements for the submittal schedule and administrative and procedural

requirements for submitting Shop Drawings, Product Data, Samples, and other submittals.

B. Related Requirements:

1. Division 01 Section "Operation and Maintenance Data" for submitting operation and

maintenance manuals.

1.2 ACTION SUBMITTALS

A. Submittal Schedule: Submit a schedule of submittals, arranged in chronological order by dates

required by construction schedule. Include time required for review, ordering, manufacturing,

fabrication, and delivery when establishing dates. Include additional time required for making

corrections or revisions to submittals noted by Architect and additional time for handling and

reviewing submittals required by those corrections.

1.3 SUBMITTAL ADMINISTRATIVE REQUIREMENTS

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

activities.

1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and

related activities that require sequential activity.

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B. Processing Time: Allow time for submittal review, including time for resubmittals, as follows. Time for

review shall commence on Architects receipt of submittal. No extension of the Contract Time will be

authorized because of failure to transmit submittals enough in advance of the Work to permit

processing, including resubmittals.

1. Allow 15 days for initial review of each submittal. Allow additional time if coordination with

subsequent submittals is required

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

D. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators,

installers, authorities having jurisdiction, and others as necessary for performance of construction

activities.

PART 2 – PRODUCTS

2.1 SUBMITTAL PROCEDURES

A. General Submittal Procedure Requirements:

1. Submittals: Architect will keep two copies. Contractor shall submit enough for his use plus 2.

B. Product Data: Collect information into a single submittal for each element of construction and type of

product or equipment.

1. If information must be specially prepared for submittal because standard published data are

not suitable for use, submit as Shop Drawings, not as Product Data.

2. Mark each copy of each submittal to show which products and options are applicable.

3. Include the following information, as applicable:

a. Manufacturer's catalog cuts.

b. Manufacturer's product specifications.

c. Standard color charts.

d. Statement of compliance with specified referenced standards.

e. Testing by recognized testing agency.

f. Application of testing agency labels and seals.

g. Notation of coordination requirements.

h. Availability and delivery time information.

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

a. Wiring diagrams showing factory-installed wiring.

b. Printed performance curves.

c. Operational range diagrams.

d. Clearances required to other construction, if not indicated on accompanying Shop

Drawings.

C. Maintenance Data: Comply with requirements specified in Division 01 Section "Operation and

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Maintenance Data."

D. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm

or person. Include lists of completed projects with project names and addresses, contact information

of architects and owners, and other information specified.

E. Welding Certificates: Prepare written certification that welding procedures and personnel comply

with requirements in the Contract Documents. Submit record of Welding Procedure Specification and

Procedure Qualification Record on AWS forms. Include names of firms and personnel certified.

F. Installer Certificates: Submit written statements on manufacturer's letterhead certifying that Installer

complies with requirements in the Contract Documents and, where required, is authorized by

manufacturer for this specific Project.

G. Manufacturer Certificates: Submit written statements on manufacturer's letterhead certifying that

manufacturer complies with requirements in the Contract Documents. Include evidence of

manufacturing experience where required.

H. Field Test Reports: Submit written reports indicating and interpreting results of field tests performed

either during installation of product or after product is installed in its final location, for compliance with

requirements in the Contract Documents.

PART 3 – EXECUTION

3.1 CONTRACTOR'S REVIEW

A. Action and Informational Submittals: Review each submittal and check for coordination with other

Work of the Contract and for compliance with the Contract Documents. Note corrections and field

dimensions. Mark with approval stamp before submitting to Architect.

B. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and

location, submittal number, Specification Section title and number, name of reviewer, date of

Contractor's approval, and statement certifying that submittal has been reviewed, checked, and

approved for compliance with the Contract Documents.

3.2 ARCHITECT'S ACTION

A. General: Architect will not review submittals that do not bear Contractor's approval stamp and will

return them without action.

B. Action Submittals: Architect will review each submittal, make marks to indicate corrections or

revisions required, and return it. Architect will stamp each submittal with an action stamp and will

mark stamp appropriately to indicate action.

SECTION 017823 - OPERATION AND MAINTENANCE DATA

PART 1 – GENERAL

1.1 SUMMARY

A. Section includes administrative and procedural requirements for preparing operation and maintenance

manuals, including the following:

1. Operation and maintenance documentation directory.

2. Operation manuals for systems, subsystems, and equipment.

3. Product maintenance manuals.

4. Systems and equipment maintenance manuals.

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B. Related Requirements:

1. Divisions 02 through 26 Sections for specific operation and maintenance manual requirements

for the Work in those Sections.

1.2 CLOSEOUT SUBMITTALS

A. Manual Content: Operations and maintenance manual content is specified in individual Specification

Sections to be reviewed at the time of Section submittals. Submit reviewed manual content formatted

and organized as required by this Section.

1. Architect will comment on whether content of operations and maintenance submittals are

acceptable.

2. Where applicable, clarify and update reviewed manual content to correspond to revisions and

field conditions.

PART 2 – PRODUCTS

2.1 REQUIREMENTS FOR OPERATION, AND MAINTENANCE MANUALS

A. Directory: Prepare a single, comprehensive directory of emergency, operation, and maintenance data

and materials, listing items and their location to facilitate ready access to desired information.

B. Organization: Unless otherwise indicated, organize each manual into a separate section for each

system and subsystem, and a separate section for each piece of equipment not part of a system. Each

manual shall contain the following materials, in the order listed:

1. Title page.

2. Table of contents.

3. Manual contents.

4. Title Page: Include the following information:

5. Subject matter included in manual.

6. Name and address of Project.

7. Name and address of Owner.

8. Date of submittal.

9. Name and contact information for Contractor.

10. Name and contact information for Architect.

11. Names and contact information for major consultants to the Architect that designed the systems

contained in the manuals.

12. Cross-reference to related systems in other operation and maintenance manuals.

C. Table of Contents: List each product included in manual, identified by product name, indexed to the

content of the volume, and cross-referenced to Specification Section number in Project Manual.

D. Manual Contents: Organize into sets of manageable size. Arrange contents alphabetically by system,

subsystem, and equipment. If possible, assemble instructions for subsystems, equipment, and

components of one system into a single binder.

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E. Manuals: Submit manuals in the form of hard copy, bound and labeled volumes.

1. Binders: Heavy-duty, three-ring, vinyl-covered, loose-leaf binders, in thickness necessary to

accommodate contents, sized to hold 8-1/2-by-11-inch (215-by-280-mm) paper; with clear

plastic sleeve on spine to hold label describing contents and with pockets inside covers to hold

folded oversize sheets.

a. Identify each binder on front and spine, with printed title "OPERATION AND

MAINTENANCE MANUAL," Project title or name, subject matter of contents, and indicate

Specification Section number on bottom of spine. Indicate volume number for multiple-

volume sets.

2. Dividers: Heavy-paper dividers with plastic-covered tabs for each section of the manual. Mark

each tab to indicate contents. Include typed list of products and major components of

equipment included in the section on each divider, cross-referenced to Specification Section

number and title of Project Manual.

3. Protective Plastic Sleeves: Transparent plastic sleeves designed to enclose diagnostic software

storage media for computerized electronic equipment.

4. Drawings: Attach reinforced, punched binder tabs on drawings and bind with text.

a. If oversize drawings are necessary, fold drawings to same size as text pages and use as

foldouts.

b. If drawings are too large to be used as foldouts, fold and place drawings in labeled

envelopes and bind envelopes in rear of manual. At appropriate locations in manual, insert

typewritten pages indicating drawing titles, descriptions of contents, and drawing

locations.

PART 3 – EXECUTION

3.1 MANUAL PREPARATION

A. Operation and Maintenance Manuals: Assemble a complete set of operation and maintenance data

indicating operation and maintenance of each system, subsystem, and piece of equipment not part of a

system.

B. Manufacturers' Data: Where manuals contain manufacturers' standard printed data, include only sheets

pertinent to product or component installed. Mark each sheet to identify each product or component

incorporated into the Work. If data include more than one item in a tabular format, identify each item

using appropriate references from the Contract Documents. Identify data applicable to the Work and

delete references to information not applicable.

SECTION 230719 - HVAC PIPING INSULATION

PART 1 – GENERAL

1.1 SUMMARY

A. Section includes insulating the following HVAC piping systems:

1. Refrigerant suction and hot-gas piping, indoors and outdoors.

B. Related Sections:

1. Division 23 Section "Computer-Room Air Conditioners."

1.2 SUBMITTALS

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A. Product Data: For each type of product indicated.

1.3 QUALITY ASSURANCE

A. Surface-Burning Characteristics: For insulation and related materials, as determined by testing

identical products according to ASTM E 84, by a testing and inspecting agency acceptable to

authorities having jurisdiction. Factory label insulation and jacket materials and adhesive, mastic,

tapes, and cement material containers, with appropriate markings of applicable testing agency.

1. Insulation Installed Indoors: Flame-spread index of 25 or less, and smoke-developed index of

50 or less.

2. Insulation Installed Outdoors: Flame-spread index of 75 or less, and smoke-developed index of

150 or less.

PART 2 – PRODUCTS

2.1 INSULATION MATERIALS

A. Products shall not contain asbestos, lead, mercury, or mercury compounds.

B. Products that come in contact with stainless steel shall have a leachable chloride content of less than 50

ppm when tested according to ASTM C 871.

C. Foam insulation materials shall not use CFC or HCFC blowing agents in the manufacturing process.

D. Flexible Elastomeric Insulation: Closed-cell, sponge- or expanded-rubber materials. Comply with

ASTM C 534, Type I for tubular materials.

2.2 ADHESIVES

A. Materials shall be compatible with insulation materials, jackets, and substrates and for bonding

insulation to itself and to surfaces to be insulated unless otherwise indicated.

B. Flexible Elastomeric Adhesive: Comply with MIL-A-24179A, Type II, Class I.

PART 3 – EXECUTION

3.1 PREPARATION

A. Surface Preparation: Clean and dry surfaces to receive insulation. Remove materials that will adversely

affect insulation application.

3.2 GENERAL INSTALLATION REQUIREMENTS

A. Install insulation materials, accessories, and finishes with smooth, straight, and even surfaces; free of

voids throughout the length of piping including fittings, valves, and specialties.

B. Install accessories compatible with insulation materials and suitable for the service. Install accessories

that do not corrode, soften, or otherwise attack insulation or jacket in either wet or dry state.

C. Install insulation with longitudinal seams at top and bottom of horizontal runs.

D. Do not weld brackets, clips, or other attachment devices to piping, fittings, and specialties.

E. Keep insulation materials dry during application and finishing.

F. Install insulation with tight longitudinal seams and end joints. Bond seams and joints with adhesive

recommended by insulation material manufacturer.

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G. Install insulation with least number of joints practical.

H. Apply adhesives, mastics, and sealants at manufacturer's recommended coverage rate and wet and dry

film thicknesses.

I. Cut insulation in a manner to avoid compressing insulation more than 75 percent of its nominal

thickness.

J. Finish installation with systems at operating conditions. Repair joint separations and cracking due to

thermal movement.

K. Repair damaged insulation facings by applying same facing material over damaged areas. Extend

patches at least 4 inches (100 mm) beyond damaged areas. Adhere, staple, and seal patches similar to

butt joints.

3.3 PENETRATIONS

A. Insulation Installation at Roof Penetrations: Install insulation continuously through roof penetrations.

1. Seal penetrations with flashing sealant.

2. Extend jacket of outdoor insulation outside roof flashing at least 2 inches (50 mm) below top of

roof flashing.

3. Seal jacket to roof flashing with flashing sealant.

3.4 INDOOR PIPING INSULATION SCHEDULE

A. Refrigerant Suction and Hot-Gas Piping: Flexible elastomeric 1 inch (25 mm) thick.

3.5 OUTDOOR, ABOVEGROUND PIPING INSULATION SCHEDULE

A. Refrigerant Suction and Hot-Gas Piping: Insulation shall be the following:

1. Flexible Elastomeric: 2 inches (50 mm) thick.

SECTION 232300 - REFRIGERANT PIPING

PART 1 – GENERAL

1.1 SUMMARY

A. This Section includes refrigerant piping used for air-conditioning applications.

1.2 PERFORMANCE REQUIREMENTS

A. Line Test Pressure for Refrigerant:

1. Suction Lines for Air-Conditioning Applications: 185 psig (1276 kPa).

2. Hot-Gas and Liquid Lines: 325 psig (2241 kPa).

1.3 SUBMITTALS

A. Product Data: For each type of valve and refrigerant piping specialty indicated. Include pressure drop

based on manufacturer's test data.

B. Field quality-control test reports.

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C. Operation and maintenance data.

1.4 QUALITY ASSURANCE

A. Comply with ASHRAE 15, "Safety Code for Refrigeration Systems."

B. Comply with ASME B31.5, "Refrigeration Piping and Heat Transfer Components."

1.5 PRODUCT STORAGE AND HANDLING

A. Store piping in a clean and protected area with end caps in place to ensure that piping interior and

exterior are clean when installed.

PART 2 – PRODUCTS

2.1 COPPER TUBE AND FITTINGS

A. Copper Tube: ASTM B 280, Type ACR.

B. Wrought-Copper Fittings: ASME B16.22.

C. Wrought-Copper Unions: ASME B16.22.

D. Solder Filler Metals: ASTM B 32. Use 95-5 tin antimony or alloy HB solder to join copper socket fittings

on copper pipe.

E. Brazing Filler Metals: AWS A5.8.

F. Flexible Connectors:

1. Body: Tin-bronze bellows with woven, flexible, tinned-bronze-wire-reinforced protective

jacket.

2. End Connections: Socket ends.

3. Offset Performance: Capable of minimum 3/4-inch (20-mm) misalignment in minimum 7-inch-

(180-mm-) long assembly.

4. Pressure Rating: Factory test at minimum 500 psig (3450 kPa).

5. Maximum Operating Temperature: 250 deg F (121 deg C).

2.2 VALVES AND SPECIALTIES

A. General: Provide valves, site glasses, etc. as part of equipment. If not part of equipment, install as

recommended by Computer AC Manufacturer.

PART 3 – EXECUTION

3.1 PIPING APPLICATIONS

A. Suction Lines NPS 1-1/2 (DN 40) and Smaller: Copper, Type ACR, annealed-temper tubing and

wrought-copper fittings with brazed or soldered joints.

B. Hot-Gas and Liquid Lines: NPS 1-1/2 (DN 40) and Smaller: Copper, Type ACR, drawn-temper tubing

and wrought-copper fittings with brazed or soldered joints.

3.2 PIPING INSTALLATION

A. Drawing plans, schematics, and diagrams indicate general location and arrangement of piping

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systems; indicated locations and arrangements were used to size pipe and calculate friction loss,

expansion, pump sizing, and other design considerations. Install refrigerant piping according to

ASHRAE 15.

B. Install piping in concealed locations unless otherwise indicated and except in equipment rooms and

service areas.

C. Install piping indicated to be exposed and piping in equipment rooms and service areas at right angles

or parallel to building walls. Diagonal runs are prohibited unless specifically indicated otherwise.

D. Install piping above accessible ceilings to allow sufficient space for ceiling panel removal.

E. Install piping adjacent to machines to allow service and maintenance.

F. Install piping free of sags and bends.

G. Install fittings for changes in direction and branch connections.

H. Select system components with pressure rating equal to or greater than system operating pressure.

I. Install piping as short and direct as possible, with a minimum number of joints, elbows, and fittings.

J. Arrange piping to allow inspection and service of refrigeration equipment. Install refrigerant piping in

protective conduit where installed belowground.

K. Install refrigerant piping in rigid or flexible conduit in locations where exposed to mechanical injury.

L. Slope refrigerant piping as follows:

1. Install horizontal suction lines with a uniform slope downward to compressor.

2. Install traps and double risers to entrain oil in vertical runs.

3. Liquid lines may be installed level.

M. When brazing or soldering, remove solenoid-valve coils and sight glasses; also remove valve stems,

seats, and packing, and accessible internal parts of refrigerant specialties. Do not apply heat near

expansion-valve bulb.

N. Install piping with adequate clearance between pipe and adjacent walls and hangers or between pipes

for insulation installation.

3.3 PIPE JOINT CONSTRUCTION

A. Soldered Joints: Construct joints according to ASTM B 828 or CDA's "Copper Tube Handbook."

B. Brazed Joints: Construct joints according to AWS's "Brazing Handbook," Chapter "Pipe and Tube."

1. Use Type BcuP, copper-phosphorus alloy for joining copper socket fittings with copper pipe.

2. Use Type BAg, cadmium-free silver alloy for joining copper with bronze or steel.

3.4 HANGERS AND SUPPORTS

A. Install the following pipe attachments:

1. Adjustable steel clevis hangers for individual horizontal runs less than 20 feet (6 m) long.

2. Copper-clad hangers and supports for hangers and supports in direct contact with copper

pipe.

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B. Install hangers for copper tubing with the following maximum spacing and minimum rod sizes:

1. NPS 1/2 (DN 15): Maximum span, 60 inches (1500 mm); minimum rod size, 1/4 inch (6.4 mm).

2. NPS 5/8 (DN 18): Maximum span, 60 inches (1500 mm); minimum rod size, 1/4 inch (6.4 mm).

3. NPS 1 (DN 25): Maximum span, 72 inches (1800 mm); minimum rod size, 1/4 inch (6.4 mm).

4. NPS 1-1/4 (DN 32): Maximum span, 96 inches (2400 mm); minimum rod size, 3/8 inch (9.5 mm).

5. NPS 1-1/2 (DN 40): Maximum span, 96 inches (2400 mm); minimum rod size, 3/8 inch (9.5 mm).

3.5 FIELD QUALITY CONTROL

A. Perform tests and inspections and prepare test reports.

B. Tests and Inspections:

1. Comply with ASME B31.5, Chapter VI.

2. Test refrigerant piping and specialties. Isolate compressor, condenser, evaporator, and safety

devices from test pressure if they are not rated above the test pressure.

3. Test high- and low-pressure side piping of each system separately at not less than the

pressures indicated in Part 1 "Performance Requirements" Article.

a. Fill system with nitrogen to the required test pressure.

b. System shall maintain test pressure at the manifold gage throughout duration of test.

c. Test joints and fittings with electronic leak detector or by brushing a small amount of soap

and glycerin solution over joints.

d. Remake leaking joints using new materials, and retest until satisfactory results are

achieved.

3.6 SYSTEM CHARGING

A. Charge system using the following procedures:

1. Install core in filter dryers after leak test but before evacuation.

2. Evacuate entire refrigerant system with a vacuum pump to 500 micrometers (67 Pa). If vacuum

holds for 12 hours, system is ready for charging.

3. Break vacuum with refrigerant gas, allowing pressure to build up to 2 psig (14 kPa).

4. Charge system with a new filter-dryer core in charging line.

SECTION 233113 - METAL DUCTS

PART 1 – GENERAL

1.1 SUMMARY

A. Section Includes:

1. Rectangular ducts and fittings.

2. Sheet metal materials.

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3. Sealants and gaskets.

4. Hangers and supports.

PART 2 – PRODUCTS

2.1 RECTANGULAR DUCTS AND FITTINGS

A. General Fabrication Requirements: Comply with SMACNA's "HVAC Duct Construction Standards -

Metal and Flexible" based on indicated static-pressure class unless otherwise indicated.

2.2 SHEET METAL MATERIALS

A. General Material Requirements: Comply with SMACNA's "HVAC Duct Construction Standards - Metal

and Flexible" for acceptable materials, material thicknesses, and duct construction methods unless

otherwise indicated. Sheet metal materials shall be free of pitting, seam marks, roller marks, stains,

discolorations, and other imperfections.

B. Galvanized Sheet Steel: Comply with ASTM A 653/A 653M.

1. Galvanized Coating Designation: G90 (Z275).

2. Finishes for Surfaces Exposed to View: Mill phosphatized.

C. Reinforcement Shapes and Plates: ASTM A 36/A 36M, steel plates, shapes, and bars; black and

galvanized.

1. Where black- and galvanized-steel shapes and plates are used to reinforce aluminum ducts,

isolate the different metals with butyl rubber, neoprene, or EPDM gasket materials.

D. Tie Rods: Galvanized steel, 1/4-inch (6-mm) minimum diameter for lengths 36 inches (900 mm) or less;

3/8-inch (10-mm) minimum diameter for lengths longer than 36 inches (900 mm).

2.3 SEALANT AND GASKETS

A. General Sealant and Gasket Requirements: Surface-burning characteristics for sealants and gaskets

shall be a maximum flame-spread index of 25 and a maximum smoke-developed index of 50 when

tested according to UL 723; certified by an NRTL.

2.4 HANGERS AND SUPPORTS

A. Hanger Rods: Cadmium-plated steel rods and nuts.

B. Strap and Rod Sizes: Comply with SMACNA's "HVAC Duct Construction Standards - Metal and

Flexible," Table 5-1 (Table 5-1M), "Rectangular Duct Hangers Minimum Size," and Table 5-2, "Minimum

Hanger Sizes for Round Duct."

C. Duct Attachments: Sheet metal screws, blind rivets, or self-tapping metal screws; compatible with duct

materials.

PART 3 – EXECUTION

3.1 DUCT INSTALLATION

A. Drawing plans, schematics, and diagrams indicate general location and arrangement of duct system.

Indicated duct locations, configurations, and arrangements were used to size ducts and calculate

friction loss for air-handling equipment sizing and for other design considerations.

B. Install ducts according to SMACNA's "HVAC Duct Construction Standards - Metal and Flexible" unless

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otherwise indicated.

C. Install ducts with fewest possible joints.

D. Install factory- or shop-fabricated fittings for changes in direction, size, and shape and for branch

connections.

E. Unless otherwise indicated, install ducts vertically and horizontally, and parallel and perpendicular to

building lines.

F. Install ducts close to walls, overhead construction, columns, and other structural and permanent

enclosure elements of building.

G. Install ducts with a clearance of 1 inch (25 mm), plus allowance for insulation thickness.

3.2 DUCT SEALING

A. Seal ducts for duct static-pressure, seal classes, and leakage classes specified in "Duct Schedule"

Article according to SMACNA's "HVAC Duct Construction Standards - Metal and Flexible."

3.3 HANGER AND SUPPORT INSTALLATION

A. Comply with SMACNA's "HVAC Duct Construction Standards - Metal and Flexible," Chapter 5,

"Hangers and Supports."

B. Building Attachments: Concrete inserts, powder-actuated fasteners, or structural-steel fasteners

appropriate for construction materials to which hangers are being attached.

1. Install powder-actuated concrete fasteners after concrete is placed and completely cured.

2. Use powder-actuated concrete fasteners for standard-weight aggregate concretes or for slabs

more than 4 inches (100 mm) thick.

2. Do not use powder-actuated concrete fasteners for lightweight-aggregate concretes or for

slabs less than 4 inches (100 mm) thick.

C. Hanger Spacing: Comply with SMACNA's "HVAC Duct Construction Standards - Metal and Flexible,"

Table 5-1 (Table 5-1M), "Rectangular Duct Hangers Minimum Size," and Table 5-2, "Minimum Hanger

Sizes for Round Duct," for maximum hanger spacing; install hangers and supports within 24 inches (610

mm) of each elbow and within 48 inches (1200 mm) of each branch intersection.

D. Support vertical ducts with steel angles or channel secured to the sides of the duct with welds, bolts,

sheet metal screws, or blind rivets; support at each floor and at a maximum intervals of 16 feet (5 m).

E. Install upper attachments to structures. Select and size upper attachments with pull-out, tension, and

shear capacities appropriate for supported loads and building materials where used.

3.4 CONNECTIONS

A. Make connections to equipment with flexible connectors

B. Comply with SMACNA's "HVAC Duct Construction Standards - Metal and Flexible" for branch, outlet

and inlet, and terminal unit connections.

3.5 DUCT SCHEDULE

A. Fabricate ducts with galvanized sheet steel except as otherwise indicated and as follows:

B. Supply Ducts:

1. Ducts Connected to AC Units:

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a. Pressure Class: Positive 1-inch wg (250 Pa).

b. Minimum SMACNA Seal Class: A.

c. SMACNA Leakage Class for Rectangular: 12.

SECTION 238123 - COMPUTER-ROOM AIR-CONDITIONERS

PART 1 – GENERAL

1.1 SUMMARY

A. Section Includes:

1. Ceiling-mounted computer-room air conditioners.

1.2 SUBMITTALS

A. Product Data: For each type of product indicated.

B. Field quality-control reports.

C. Operation and maintenance data.

1.3 QUALITY ASSURANCE

A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a

qualified testing agency, and marked for intended location and application.

B. ASHRAE Compliance:

1. Fabricate and label refrigeration system to comply with ASHRAE 15, "Safety Standard for

Refrigeration Systems."

C. ASHRAE/IESNA Compliance: Applicable requirements in ASHRAE/IESNA 90.1-2004.

1.4 WARRANTY

A. Special Warranty: Manufacturer's standard form in which manufacturer agrees to repair or replace

components of computer-room air conditioners that fail in materials or workmanship within specified

warranty period.

1. Warranty Period for Compressors: Manufacturer's standard, but not less than five years from

date of Substantial Completion.

2. Warranty Period for Humidifiers: Manufacturer's standard, but not less than three years from

date of Substantial Completion.

3. Warranty Period for Control Boards: Manufacturer's standard, but not less than three years

from date of Substantial Completion.

PART 2 – PRODUCTS

2.1 CEILING-MOUNTED UNITS

A. Basis-of-Design Product: Subject to compliance with requirements, provide product equal to that

indicated on Drawings and specified herein:

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B. Description: Self-contained, factory assembled, prewired, and prepiped; consisting of cabinet, fan,

filters, and controls; for horizontal ceiling mounting to fit T-bar ceiling opening of 24 by 48 inches (610

by 1220 mm).

C. Cabinet: Galvanized steel with baked-enamel finish, insulated with 1/2-inch- (13-mm-) thick duct liner.

D. Supply-Air Fan: Forward curved, centrifugal, and directly driven by two-speed motor.

E. Refrigeration System:

1. Compressor: Hermetic, with oil strainer, internal motor overload protection, resilient

suspension system, and crankcase heater.

2. Refrigeration Circuit: Low-pressure switch, manual-reset high-pressure switch, thermal-

expansion valve with external equalizer, sight glass with moisture indicator, service shutoff

valves, charging valves, and charge of refrigerant.

3. Refrigerant: R-407C or R-410A.

4. Refrigerant Evaporator Coil: Direct-expansion coil of seamless copper tubes expanded into

aluminum fins.

5. Remote roof mounted Air-Cooled Refrigerant Condenser: Integral, copper-tube aluminum-fin

coil with propeller fan, direct driven.

6. Split system shall have suction- and liquid-line compatible fittings and refrigerant piping for

field interconnection.

F. Electric-Resistance Heating Coil: Finned-tube electric elements with contactor, dehumidification relay,

and high-temperature-limit switches.

G. Filter: 1-inch- (25-mm-) thick, disposable, glass-fiber media.

H. Atomizing Humidifier: Centrifugal atomizer with stainless-steel pan, demister pad, and solenoid valve.

I. Disconnect Switch: Nonautomatic, molded-case circuit breaker with handle accessible when panel is

closed and capable of preventing access until switched to off position.

J. Control System: Unit-mounted panel with main fan contactor, compressor contactor, compressor start

capacitor, control transformer with circuit breaker, solid-state temperature-and humidity control

modules, humidity contactor], time-delay relay, Heating contactor, and high-temperature thermostat.

Provide solid-state, wall-mounted control panel with start-stop switch, adjustable humidity set point,

and adjustable temperature set point.

PART 3 – EXECUTION

3.1 INSTALLATION

A. Install computer-room air conditioners level and plumb, maintaining manufacturer's recommended

clearances.

B. Comply with unit manufacturers recommendations for support for both interior and roof mounted

equipment.

3.2 CONNECTIONS

A. Refrigerant Piping: Comply with applicable requirements in Division 23 Section "Refrigerant Piping."

Provide shutoff valves and piping.

3.3 FIELD QUALITY CONTROL

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A. Tests and Inspections:

1. Inspect for and remove shipping bolts, blocks, and tie-down straps.

2. After installing computer-room air conditioners and after electrical circuitry has been

energized, test for compliance with requirements.

3. Operational Test: After electrical circuitry has been energized, start units to confirm proper

motor rotation and unit operation.

4. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and

equipment.

B. Computer-room air conditioners will be considered defective if they do not pass tests and inspections.

C. Prepare test and inspection reports.

D. After startup service and performance test, change filters and flush humidifier.

3.4 ADJUSTING

A. Adjust initial temperature and humidity set points.

B. Set field-adjustable switches and circuit-breaker trip ranges as indicated.

SECTION 260519 - LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES

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. 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.

1.3 DEFINITIONS

A. EPDM: Ethylene-propylene-diene terpolymer rubber.

B. NBR: Acrylonitrile-butadiene rubber.

1.4 ACTION SUBMITTALS

A. Product Data: For each type of product indicated.

1.5 INFORMATIONAL SUBMITTALS

A. Qualification Data: For testing agency.

B. Field quality-control test reports.

1.6 QUALITY ASSURANCE

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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.

PART 2 – PRODUCTS

2.1 CONDUCTORS AND CABLES

A. Copper Conductors: Comply with NEMA WC 70.

B. Conductor Insulation: Comply with NEMA WC 70 for Types THHN-THWN.

2.2 CONNECTORS AND SPLICES

A. Description: Factory-fabricated connectors and splices of size, ampacity rating, material, type, and

class for application and service indicated.

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. Exposed Branch Circuits, Including in Crawlspaces: Type THHN-THWN, single conductors in raceway.

F. Branch Circuits Concealed in Ceilings, Walls, and Partitions: Type THHN-THWN, single conductors in

raceway.

G. Branch Circuits Concealed in Concrete, below Slabs-on-Grade, and Underground: Type THHN-THWN,

single conductors in raceway.

H. Class 1 Control Circuits: Type THHN-THWN, in raceway.

I. Class 2 Control Circuits: Type THHN-THWN, in raceway.

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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."

3.5 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.

C. Wiring at Outlets: Install conductor at each outlet, with at least 6 inches (150 mm of slack.

3.6 SLEEVE AND SLEEVE-SEAL INSTALLATION FOR ELECTRICAL PENETRATIONS

A. Install sleeves and sleeve seals at penetrations of exterior floor and wall assemblies. Comply with

requirements in Division 26 Section "Sleeves and Sleeve Seals for Electrical Raceways and Cabling."

3.7 FIRESTOPPING

A. Apply firestopping to electrical penetrations of fire-rated floor and wall assemblies to restore original

fire-resistance rating of assembly.

3.8 FIELD QUALITY CONTROL

A. Perform tests and inspections and prepare test reports.

B. Tests and Inspections:

1. After installing conductors and cables and before electrical circuitry has been energized, test

service entrance and feeder conductors 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.

C. 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.

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D. Remove and replace malfunctioning units and retest as specified above.

SECTION 260526 - GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS

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: Grounding systems and equipment.

1.3 SUBMITTALS

A. Product Data: For each type of product indicated.

B. Qualification Data: For qualified testing agency and testing agency's field supervisor.

C. Field quality-control reports.

D. Operation and Maintenance Data: For grounding to include in emergency, operation, and maintenance

manuals. In addition, include the following:

1. Instructions for periodic testing and inspection of grounding features at grounding connections

for separately derived systems based on NETA MTS.

a. Tests shall determine if ground-resistance or impedance values remain within specified

maximums, and instructions shall recommend corrective action if values do not.

b. Include recommended testing intervals.

1.4 QUALITY ASSURANCE

A. Testing Agency Qualifications: Member company of NETA or an NRTL.

1. Testing Agency's Field Supervisor: Currently certified by NETA to supervise on-site testing.

B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a

qualified testing agency, and marked for intended location and application.

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.

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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.

2.2 CONNECTORS

A. Listed and labeled by an NRTL 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, 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.

D. Bus-bar Connectors: Mechanical type, cast silicon bronze, solderless compression -type wire

terminals, and long-barrel, two-bolt connection to ground bus bar.

2.3 GROUNDING ELECTRODES

A. Ground Rods: Copper-clad steel; 3/4 inch by 10 feet (19 mm by 3 m) 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, No. 2/0 AWG minimum.

1. Bury at least 24 inches (600 mm) below grade.

C. 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 Structural Steel: Welded connectors.

3.2 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.

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3. Receptacle circuits.

4. Single-phase motor and appliance branch circuits.

5. Three-phase motor and appliance branch circuits.

6. Flexible raceway runs.

7. 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.

3.3 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. Ground Rods: Drive rods until tops are 2 inches (50 mm) below finished 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.

C. 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 bonding

so vibration is not transmitted to rigidly mounted equipment.

3. Use exothermic-welded connectors for outdoor locations; if a disconnect-type connection is

required, use a bolted clamp.

D. 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; use a bolted clamp

connector or bolt a lug-type connector to a pipe flange by 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.

E. 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.

F. 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.

3.4 LABELING

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A. Comply with requirements in Division 26 Section "Identification for Electrical Systems" Article for

instruction signs. The label or its text shall be green.

3.5 FIELD QUALITY CONTROL

A. Perform tests and inspections.

1. Manufacturer's Field Service: Engage a factory-authorized service representative to inspect

components, assemblies, and equipment installations, including connections, and to assist in

testing.

B. Tests and Inspections:

1. After installing grounding system but before permanent electrical circuits have been

energized, test for compliance with requirements.

2. Inspect physical and mechanical condition. Verify tightness of accessible, bolted, electrical

connections with a calibrated torque wrench according to manufacturer's written instructions.

3. Test completed grounding system at each location where a maximum ground-resistance level

is specified, at service disconnect enclosure grounding terminal, and at individual ground

rods. Make tests at ground rods before any conductors are connected.

a. Measure ground resistance no fewer 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.

4. Prepare dimensioned Drawings locating each ground rod. 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.

C. Grounding system will be considered defective if it does not pass tests and inspections.

D. Prepare test and inspection reports.

E. Report measured ground resistances that exceed the following values:

1. Power and Lighting Equipment or System with Capacity of 500 kVA and Less: 10 ohms.

F. Excessive Ground Resistance: If resistance to ground exceeds specified values, notify Engineer

promptly and include recommendations to reduce ground resistance.

SECTION 260529 - HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS

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. This Section includes the following:

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1. Hangers and supports for electrical equipment and systems.

2. Construction requirements for concrete bases.

1.3 DEFINITIONS

A. EMT: Electrical metallic tubing.

B. IMC: Intermediate metal conduit.

C. RMC: Rigid metal conduit.

1.4 PERFORMANCE REQUIREMENTS

A. Design supports for multiple raceways capable of supporting combined weight of supported systems

and its contents.

B. Design equipment supports capable of supporting combined operating weight of supported

equipment and connected systems and components.

C. Rated Strength: Adequate in tension, shear, and pullout force to resist maximum loads calculated or

imposed for this Project, with a minimum structural safety factor of five times the applied force.

1.5 SUBMITTALS

A. Product Data: For the following:

1. Steel slotted support systems.

2. Nonmetallic slotted support systems.

B. Shop Drawings: Show fabrication and installation details and include calculations for the following:

1. Trapeze hangers. Include Product Data for components.

2. Steel slotted channel systems. Include Product Data for components.

3. Nonmetallic slotted channel systems. Include Product Data for components.

4. Equipment supports.

C. Welding certificates.

1.6 QUALITY ASSURANCE

A. Welding: Qualify procedures and personnel according to AWS D1.1/D1.1M, "Structural Welding Code

- Steel."

B. Comply with NFPA 70.

1.7 COORDINATION

A. Coordinate size and location of concrete bases. Cast anchor-bolt inserts into bases. Concrete,

reinforcement, and formwork requirements are specified in Division 03.

PART 2 – PRODUCTS

2.1 SUPPORT, ANCHORAGE, AND ATTACHMENT COMPONENTS

A. Steel Slotted Support Systems: Comply with MFMA-4, factory-fabricated components for field

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assembly.

1. Metallic Coatings: Hot-dip galvanized after fabrication and applied according to MFMA-4.

2. Nonmetallic Coatings: Manufacturer's standard PVC, polyurethane, or polyester coating

applied according to MFMA-4.

3. Painted Coatings: Manufacturer's standard painted coating applied according to MFMA-4.

4. Channel Dimensions: Selected for applicable load criteria.

B. Nonmetallic Slotted Support Systems: Structural-grade, factory-formed, glass-fiber-resin channels and

angles with 9/16-inch- (14-mm-) diameter holes at a maximum of 8 inches (200 mm) o.c., in at least 1

surface.

1. Fittings and Accessories: Products of channel and angle manufacturer and designed for use

with those items.

2. Fitting and Accessory Materials: Same as channels and angles, except metal items may be

stainless steel.

3. Rated Strength: Selected to suit applicable load criteria.

C. Raceway and Cable Supports: As described in NECA 1 and NECA 101.

D. Conduit and Cable Support Devices: Steel hangers, clamps, and associated fittings, designed for types

and sizes of raceway or cable to be supported.

E. Support for Conductors in Vertical Conduit: Factory-fabricated assembly consisting of threaded body

and insulating wedging plug or plugs for non-armored electrical conductors or cables in riser conduits.

Plugs shall have number, size, and shape of conductor gripping pieces as required to suit individual

conductors or cables supported. Body shall be malleable iron.

F. Structural Steel for Fabricated Supports and Restraints: ASTM A 36/A 36M, steel plates, shapes, and

bars; black and galvanized.

G. Mounting, Anchoring, and Attachment Components: Items for fastening electrical items or their

supports to building surfaces include the following:

1. Powder-Actuated Fasteners: Threaded-steel stud, for use in hardened portland cement

concrete, steel, or wood, with tension, shear, and pullout capacities appropriate for supported

loads and building materials where used.

2. Mechanical-Expansion Anchors: Insert-wedge-type, zinc-coated steel, for use in hardened

portland cement concrete with tension, shear, and pullout capacities appropriate for supported

loads and building materials in which used.

3. Concrete Inserts: Steel or malleable-iron, slotted support system units similar to MSS Type 18;

complying with MFMA-4 or MSS SP-58.

4. Clamps for Attachment to Steel Structural Elements: MSS SP-58, type suitable for attached

structural element.

5. Through Bolts: Structural type, hex head, and high strength. Comply with ASTM A 325.

6. Toggle Bolts: All-steel springhead type.

7. Hanger Rods: Threaded steel.

2.2 FABRICATED METAL EQUIPMENT SUPPORT ASSEMBLIES

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A. Description: Welded or bolted, structural-steel shapes, shop or field fabricated to fit dimensions of

supported equipment.

PART 3 – EXECUTION

3.1 APPLICATION

A. Comply with NECA 1 and NECA 101 for application of hangers and supports for electrical equipment

and systems except if requirements in this Section are stricter.

B. Maximum Support Spacing and Minimum Hanger Rod Size for Raceway: Space supports for EMT, IMC,

and RMC as scheduled in NECA 1, where its Table 1 lists maximum spacings less than stated in NFPA

70. Minimum rod size shall be 1/4 inch (6 mm) in diameter.

C. Multiple Raceways or Cables: Install trapeze-type supports fabricated with steel slotted or other

support system, sized so capacity can be increased by at least 25percent in future without exceeding

specified design load limits.

1. Secure raceways and cables to these supports with two-bolt conduit clamps.

D. Spring-steel clamps designed for supporting single conduits without bolts may be used for 1-1/2-inch

(38-mm) and smaller raceways serving branch circuits and communication systems above suspended

ceilings and for fastening raceways to trapeze supports.

3.2 SUPPORT INSTALLATION

A. Comply with NECA 1 and NECA 101 for installation requirements except as specified in this Article.

B. Raceway Support Methods: In addition to methods described in NECA 1, EMT, IMC, and RMC may be

supported by openings through structure members, as permitted in NFPA 70.

C. Strength of Support Assemblies: Where not indicated, select sizes of components so strength will be

adequate to carry present and future static loads within specified loading limits. Minimum static design

load used for strength determination shall be weight of supported components plus 200 lb (90 kg).

D. Mounting and Anchorage of Surface-Mounted Equipment and Components: Anchor and fasten

electrical items and their supports to building structural elements by the following methods unless

otherwise indicated by code:

1. To Wood: Fasten with lag screws or through bolts.

2. To New Concrete: Bolt to concrete inserts.

3. To Masonry: Approved toggle-type bolts on hollow masonry units and expansion anchor

fasteners on solid masonry units.

4. To Existing Concrete: Expansion anchor fasteners.

5. To Steel: Welded threaded studs complying with AWS D1.1/D1.1M, with lock washers and nuts.

6. To Light Steel: Sheet metal screws.

7. Items Mounted on Hollow Walls and Nonstructural Building Surfaces: Mount cabinets,

panelboards, disconnect switches, control enclosures, pull and junction boxes, transformers,

and other devices on slotted-channel racks attached to substrate.

E. Drill holes for expansion anchors in concrete at locations and to depths that avoid reinforcing bars.

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3.3 INSTALLATION OF FABRICATED METAL SUPPORTS

A. Cut, fit, and place miscellaneous metal supports accurately in location, alignment, and elevation to

support and anchor electrical materials and equipment.

B. Field Welding: Comply with AWS D1.1/D1.1M.

3.4 CONCRETE BASES

A. Construct concrete bases of dimensions indicated but not less than 4 inches (100 mm) larger in both

directions than supported unit, and so anchors will be a minimum of 10 bolt diameters from edge of the

base.

B. Use 3000-psi (20.7-MPa, 28-day compressive-strength concrete. Concrete materials, reinforcement,

and placement requirements are specified in Division 03 Section "Cast-in-Place Concrete."

C. Anchor equipment to concrete base.

1. Place and secure anchorage devices. Use supported equipment manufacturer's setting

drawings, templates, diagrams, instructions, and directions furnished with items to be

embedded.

2. Install anchor bolts to elevations required for proper attachment to supported equipment.

3. Install anchor bolts according to anchor-bolt manufacturer's written instructions.

3.5 PAINTING

A. Touchup: Clean field welds and abraded areas of shop paint. Paint exposed areas immediately after

erecting hangers and supports. Use same materials as used for shop painting. Comply with SSPC-PA 1

requirements for touching up field-painted surfaces.

1. Apply paint by brush or spray to provide minimum dry film thickness of 2.0 mils (0.05 mm).

B. Galvanized Surfaces: Clean welds, bolted connections, and abraded areas and apply galvanizing-

repair paint to comply with ASTM A 780.

SECTION 260533 - RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS

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. This Section includes raceways, fittings, boxes, enclosures, and cabinets for electrical wiring.

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.

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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. Qualification Data: For professional engineer and testing agency.

C. Source quality-control test reports.

1.5 QUALITY ASSURANCE

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

A. Rigid Steel Conduit: ANSI C80.1.

B. PVC-Coated Steel Conduit: PVC-coated rigid steel conduit.

1. Comply with NEMA RN 1.

2. Coating Thickness: 0.040 inch (1 mm), minimum.

C. EMT: ANSI C80.3.

D. FMC: Zinc-coated steel.

E. LFMC: Flexible steel conduit with PVC jacket.

F. 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, set-screw type.

3. Coating for Fittings for PVC-Coated Conduit: Minimum thickness, 0.040 inch (1 mm), with

overlapping sleeves protecting threaded joints.

G. Joint Compound for Rigid Steel Conduit: 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

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A. ENT: NEMA TC 13.

B. RNC: NEMA TC 2, Type EPC-40-PVC, unless otherwise indicated.

C. LFNC: UL 1660.

D. Fittings for ENT and RNC: NEMA TC 3; match to conduit or tubing type and material.

E. Fittings for LFNC: UL 514B.

2.3 METAL WIREWAYS

A. Description: Sheet metal sized and shaped as indicated, NEMA 250, Type 1 or 3R, as required.

B. 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.

C. Wireway Covers: Hinged type for indoor applicationsFlanged-and-gasketed type for outdoor

applications.

D. Finish: Manufacturer's standard enamel finish.

2.4 SURFACE RACEWAYS

A. Surface Metal Raceways: Galvanized steel with snap-on covers. Manufacturer's standard enamel finish

in color selected by Owner.

B. Surface Nonmetallic Raceways: Two-piece construction, manufactured of rigid PVC with texture and

color selected by Owner from manufacturer's standardcolors.

2.5 BOXES, ENCLOSURES, AND CABINETS

A. Sheet Metal Outlet and Device Boxes: NEMA OS 1.

B. Cast-Metal Outlet and Device Boxes: NEMA FB 1, ferrous alloy, Type FD, with gasketed cover.

C. Small Sheet Metal Pull and Junction Boxes: NEMA OS 1.

D. Cast-Metal Access, Pull, and Junction Boxes: NEMA FB 1, galvanized, cast iron with gasketed cover.

E. 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.

F. 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.

2.6 SLEEVES FOR RACEWAYS

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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 with minimum 0.052- or 0.138-inch (1.3- or

3.5-mm) thickness as indicated and of length to suit application.

2.7 SLEEVE SEALS

A. 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: Carbon 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 RACEWAY APPLICATION

A. Outdoors: Apply raceway products as specified below, unless otherwise indicated:

1. Exposed Conduit: Rigid steel conduit.

2. Concealed Conduit, Aboveground: Rigid steel conduit.

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.

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.

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.

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7. Boxes and Enclosures: NEMA 250, Type 1, except use NEMA 250, Type 4, stainless steel in

damp or wet locations.

C. Minimum Raceway Size: 1/2-inch (16-mm) trade size.

D. Raceway Fittings: Compatible with raceways and suitable for use and location.

1. Rigid 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.

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. 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.

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2. Where otherwise required by NFPA 70.

M. 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 that 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) temperature 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

length of straight run per deg F (0.06 mm per meter of length 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.

N. 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.

O. 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.

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 required for pipe less than 6 inches (150 mm) in nominal diameter.

2. Install backfill as required.

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 required.

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.

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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 inches (300 mm) above direct-buried

conduits, placing them 24 inches (600 mm) o.c. Align planks along the width and along the

centerline of conduit.

3.4 SLEEVE INSTALLATION FOR ELECTRICAL PENETRATIONS

A. 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.

B. Use pipe sleeves unless penetration arrangement requires rectangular sleeved opening.

C. 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), thickness shall be 0.138 inch

(3.5 mm).

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 (50 mm) above finished floor level.

G. Size pipe sleeves to provide 1/4-inch (6.4-mm) annular clear space between sleeve and raceway

unless sleeve seal is to be installed.

H. Seal space outside of sleeves with grout for penetrations of concrete and masonry and with approved

joint compound for gypsum board assemblies.

I. 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.

J. Fire-Rated-Assembly Penetrations: Maintain indicated fire rating of walls, partitions, ceilings, and

floors at raceway penetrations. Install sleeves and seal with firestop materials.

K. Roof-Penetration Sleeves: Seal penetration of individual raceways with flexible, boot-type flashing

units applied in coordination with roofing work.

L. Aboveground, Exterior-Wall Penetrations: Seal penetrations using sleeves and mechanical sleeve

seals. Select sleeve size to allow for 1-inch (25-mm) annular clear space between pipe and sleeve for

installing mechanical sleeve seals.

M. 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.

3.5 SLEEVE-SEAL INSTALLATION

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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.

3.6 FIRESTOPPING

A. Apply firestopping to electrical penetrations of fire-rated floor and wall assemblies to restore original

fire-resistance rating of assembly.

3.7 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.

SECTION 260544 - SLEEVES AND SLEEVE SEALS FOR ELECTRICAL RACEWAYS AND CABLING

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. Sleeves for raceway and cable penetration of non-fire-rated construction walls and floors.

2. Sleeve-seal systems.

3. Sleeve-seal fittings.

4. Grout.

5. Silicone sealants.

1.3 ACTION SUBMITTALS

A. Product Data: For each type of product.

PART 2 – PRODUCTS

2.1 SLEEVES

A. Wall Sleeves:

1. Steel Pipe Sleeves: ASTM A 53/A 53M, Type E, Grade B, Schedule 40, zinc coated, plain ends.

2. Cast-Iron Pipe Sleeves: Cast or fabricated "wall pipe," equivalent to ductile-iron pressure pipe,

with plain ends and integral waterstop unless otherwise indicated.

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B. Sleeves for Conduits Penetrating Non-Fire-Rated Gypsum Board Assemblies: Galvanized-steel sheet;

0.0239-inch (0.6-mm) minimum thickness; round tube closed with welded longitudinal joint, with tabs

for screw-fastening the sleeve to the board.

C. PVC-Pipe Sleeves: ASTM D 1785, Schedule 40.

D. Molded-PVC Sleeves: With nailing flange for attaching to wooden forms.

E. Molded-PE or -PP Sleeves: Removable, tapered-cup shaped, and smooth outer surface with nailing

flange for attaching to wooden forms.

F. Sleeves for Rectangular Openings:

1. Material: Galvanized sheet steel.

2. Minimum Metal Thickness:

a. For sleeve cross-section rectangle perimeter less than 50 inches (1270 mm) and with no

side larger than 16 inches (400 mm), thickness shall be 0.052 inch (1.3 mm).

b. For sleeve cross-section rectangle perimeter 50 inches (1270 mm) or more and one or

more sides larger than 16 inches (400 mm), thickness shall be 0.138 inch (3.5 mm).

2.2 SLEEVE-SEAL SYSTEMS

A. Description: Modular sealing device, designed for field assembly, to fill annular space between sleeve

and raceway or cable.

1. Sealing Elements: EPDM rubber interlocking links shaped to fit surface of pipe. Include type

and number required for pipe material and size of pipe.

2. Pressure Plates: Carbon steel.

3. Connecting Bolts and Nuts: Carbon steel, with corrosion-resistant coating, of length required

to secure pressure plates to sealing elements.

2.3 SLEEVE-SEAL FITTINGS

A. Description: Manufactured plastic, sleeve-type, waterstop assembly made for embedding in concrete

slab or wall. Unit shall have plastic or rubber waterstop collar with center opening to match piping OD.

2.4 GROUT

A. Description: Nonshrink; recommended for interior and exterior sealing openings in non-fire-rated

walls or floors.

B. Standard: ASTM C 1107/C 1107M, Grade B, post-hardening and volume-adjusting, dry, hydraulic-

cement grout.

C. Design Mix: 5000-psi (34.5-MPa), 28-day compressive strength.

D. Packaging: Premixed and factory packaged.

2.5 SILICONE SEALANTS

A. Silicone Sealants: Single-component, silicone-based, neutral-curing elastomeric sealants of grade

indicated below.

1. Grade: Pourable (self-leveling) formulation for openings in floors and other horizontal surfaces

that are not fire rated.

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B. Silicone Foams: Multicomponent, silicone-based liquid elastomers that, when mixed, expand and cure

in place to produce a flexible, nonshrinking foam.

PART 3 – EXECUTION

3.1 SLEEVE INSTALLATION FOR NON-FIRE-RATED ELECTRICAL PENETRATIONS

A. Comply with NECA 1.

B. Comply with NEMA VE 2 for cable tray and cable penetrations.

C. Sleeves for Conduits Penetrating Above-Grade Non-Fire-Rated Concrete and Masonry-Unit Floors and

Walls:

1. Interior Penetrations of Non-Fire-Rated Walls and Floors:

a. Seal annular space between sleeve and raceway or cable, using joint sealant appropriate

for size, depth, and location of joint.

b. Seal space outside of sleeves with mortar or grout. Pack sealing material solidly between

sleeve and wall so no voids remain. Tool exposed surfaces smooth; protect material while

curing.

2. Use pipe sleeves unless penetration arrangement requires rectangular sleeved opening.

3. Size pipe sleeves to provide 1/4-inch (6.4-mm) annular clear space between sleeve and

raceway or cable unless sleeve seal is to be installed.

4. Install sleeves for wall penetrations unless core-drilled holes or formed openings are used.

Install sleeves during erection of walls. Cut sleeves to length for mounting flush with both

surfaces of walls. Deburr after cutting.

5. Install sleeves for floor penetrations. Extend sleeves installed in floors 2 inches (50 mm) above

finished floor level. Install sleeves during erection of floors.

D. Sleeves for Conduits Penetrating Non-Fire-Rated Gypsum Board Assemblies:

1. Use circular metal sleeves unless penetration arrangement requires rectangular sleeved

opening.

2. Seal space outside of sleeves with approved joint compound for gypsum board assemblies.

E. Roof-Penetration Sleeves: Seal penetration of individual raceways and cables with flexible boot-type

flashing units applied in coordination with roofing work.

F. Aboveground, Exterior-Wall Penetrations: Seal penetrations using steel pipe sleeves and mechanical

sleeve seals. Select sleeve size to allow for 1-inch (25-mm) annular clear space between pipe and

sleeve for installing mechanical sleeve seals.

G. Underground, Exterior-Wall and Floor Penetrations: Install cast-iron pipe sleeves. Size sleeves to allow

for 1-inch (25-mm) annular clear space between raceway or cable and sleeve for installing sleeve-seal

system.

3.2 SLEEVE-SEAL-SYSTEM INSTALLATION

A. Install sleeve-seal systems in sleeves in exterior concrete walls and slabs-on-grade at raceway entries

into building.

B. Install type and number of sealing elements recommended by manufacturer for raceway or cable

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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.

3.3 SLEEVE-SEAL-FITTING INSTALLATION

A. Install sleeve-seal fittings in new walls and slabs as they are constructed.

B. Assemble fitting components of length to be flush with both surfaces of concrete slabs and walls.

Position waterstop flange to be centered in concrete slab or wall.

C. Secure nailing flanges to concrete forms.

D. Using grout, seal the space around outside of sleeve-seal fittings.

SECTION 260553 - IDENTIFICATION FOR ELECTRICAL SYSTEMS

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. Identification for raceways.

2. Identification of power and control cables.

3. Identification for conductors.

4. Underground-line warning tape.

5. Equipment identification labels.

6. Miscellaneous identification products.

1.3 SUBMITTALS

A. Product Data: For each electrical identification product indicated.

B. Samples: For each type of label and sign to illustrate size, colors, lettering style, mounting provisions,

and graphic features of identification products.

C. Identification Schedule: An index of nomenclature of electrical equipment and system components

used in identification signs and labels.

1.4 QUALITY ASSURANCE

A. Comply with ANSI A13.1.

B. Comply with NFPA 70.

C. Comply with 29 CFR 1910.144 and 29 CFR 1910.145.

D. Adhesive-attached labeling materials, including label stocks, laminating adhesives, and inks used by

label printers, shall comply with UL 969.

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1.5 COORDINATION

A. Coordinate identification names, abbreviations, colors, and other features with requirements in other

Sections requiring identification applications, Drawings, Shop Drawings, manufacturer's wiring

diagrams, and the Operation and Maintenance Manual; and with those required by codes, standards,

and 29 CFR 1910.145. Use consistent designations throughout Project.

B. Coordinate installation of identifying devices with completion of covering and painting of surfaces

where devices are to be applied.

C. Coordinate installation of identifying devices with location of access panels and doors.

D. Install identifying devices before installing acoustical ceilings and similar concealment.

PART 2 – PRODUCTS

2.1 POWER RACEWAY IDENTIFICATION MATERIALS

A. Comply with ANSI A13.1 for minimum size of letters for legend and for minimum length of color field

for each raceway size.

B. Colors for Raceways Carrying Circuits at 600 V or Less:

1. Black letters on an orange field.

2. Legend: Indicate voltage and system or service type.

C. Self-Adhesive Vinyl Labels for Raceways Carrying Circuits at 600 V or Less: Preprinted, flexible label

laminated with a clear, weather- and chemical-resistant coating and matching wraparound adhesive

tape for securing ends of legend label.

D. Snap-Around Labels for Raceways Carrying Circuits at 600 V or Less: Slit, pretensioned, flexible,

preprinted, color-coded acrylic sleeve, with diameter sized to suit diameter of raceway or cable it

identifies and to stay in place by gripping action.

E. Snap-Around, Color-Coding Bands for Raceways Carrying Circuits at 600 V or Less: Slit, pretensioned,

flexible, solid-colored acrylic sleeve, 2 inches (50 mm) long, with diameter sized to suit diameter of

raceway or cable it identifies and to stay in place by gripping action.

F. Metal Tags: Brass or aluminum, 2 by 2 by 0.05 inch (50 by 50 by 1.3 mm), with stamped legend,

punched for use with self-locking cable tie fastener.

G. Write-On Tags: Polyester tag, 0.010 inch (0.25 mm thick, with corrosion-resistant grommet and cable

tie for attachment to conductor or cable.

1. Marker for Tags: Machine-printed, permanent, waterproof, black ink marker recommended

by printer manufacturer.

2.2 POWER AND CONTROL CABLE IDENTIFICATION MATERIALS

A. Comply with ANSI A13.1 for minimum size of letters for legend and for minimum length of color field

for each raceway and cable size.

B. Self-Adhesive Vinyl Labels: Preprinted, flexible label laminated with a clear, weather- and chemical-

resistant coating and matching wraparound adhesive tape for securing ends of legend label.

C. Metal Tags: Brass or aluminum, 2 by 2 by 0.05 inch (50 by 50 by 1.3 mm), with stamped legend,

punched for use with self-locking cable tie fastener.

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D. Write-On Tags: Polyester tag, 0.010 inch (0.25 mm thick, with corrosion-resistant grommet and cable

tie for attachment to conductor or cable.

1. Marker for Tags: Machine-printed, permanent, waterproof, black ink marker recommended

by printer manufacturer.

E. Snap-Around Labels: Slit, pretensioned, flexible, preprinted, color-coded acrylic sleeve, with

diameter sized to suit diameter of raceway or cable it identifies and to stay in place by gripping action.

F. Snap-Around, Color-Coding Bands: Slit, pretensioned, flexible, solid-colored acrylic sleeve, 2 inches

(50 mm) long, with diameter sized to suit diameter of raceway or cable it identifies and to stay in place

by gripping action.

2.3 CONDUCTOR IDENTIFICATION MATERIALS

A. Color-Coding Conductor Tape: Colored, self-adhesive vinyl tape not less than 3 mils (0.08 mm) thick

by 1 to 2 inches (25 to 50 mm) wide.

B. Self-Adhesive Vinyl Labels: Preprinted, flexible label laminated with a clear, weather- and chemical-

resistant coating and matching wraparound adhesive tape for securing ends of legend label.

C. Snap-Around Labels: Slit, pretensioned, flexible, preprinted, color-coded acrylic sleeve, with

diameter sized to suit diameter of raceway or cable it identifies and to stay in place by gripping action.

D. Snap-Around, Color-Coding Bands: Slit, pretensioned, flexible, solid-colored acrylic sleeve, 2 inches

(50 mm) long, with diameter sized to suit diameter of raceway or cable it identifies and to stay in place

by gripping action.

E. Marker Tapes: Vinyl or vinyl-cloth, self-adhesive wraparound type, with circuit identification legend

machine printed by thermal transfer or equivalent process.

F. Write-On Tags: Polyester tag, 0.010 inch (0.25 mm) thick, with corrosion-resistant grommet and cable

tie for attachment to conductor or cable.

1. Marker for Tags: Machine-printed, permanent, waterproof, black ink marker recommended

by printer manufacturer.

2.4 FLOOR MARKING TAPE

A. 2-inch- (50-mm-) wide, 5-mil (0.125-mm) pressure-sensitive vinyl tape, with black and white stripes

and clear vinyl overlay.

2.5 UNDERGROUND-LINE WARNING TAPE

A. Tape:

1. Recommended by manufacturer for the method of installation and suitable to identify and

locate underground electrical utility lines.

2. Printing on tape shall be permanent and shall not be damaged by burial operations.

3. Tape material and ink shall be chemically inert, and not subject to degrading when exposed to

acids, alkalis, and other destructive substances commonly found in soils.

B. Color and Printing:

1. Comply with ANSI Z535.1 through ANSI Z535.5.

2. Inscriptions for Red-Colored Tapes: ELECTRIC LINE.

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C. Tag: Type I:

1. Reinforced, detectable three-layer laminate, consisting of a printed pigmented woven scrim, a

solid aluminum-foil core, and a clear protective film that allows inspection of the continuity of

the conductive core, bright-colored, continuous-printed on one side with the inscription of the

utility, compounded for direct-burial service.

2. Overall Thickness: 8 mils (0.2 mm).

3. Foil Core Thickness: 0.35 mil (0.00889 mm).

4. Weight: 34 lb/1000 sq. ft. (16.6 kg/100 sq. m).

5. 3-Inch (75-mm) Tensile According to ASTM D 882: 300 lbf (1334 N), and 12,500 psi (86.1 MPa).

2.6 EQUIPMENT IDENTIFICATION LABELS

A. Engraved, Laminated Acrylic or Melamine Label: Punched or drilled for screw mounting. White

letters on a dark-gray background. Minimum letter height shall be 3/8 inch (10 mm).

2.7 CABLE TIES

A. General-Purpose Cable Ties: Fungus inert, self extinguishing, one piece, self locking, Type 6/6 nylon.

1. Minimum Width: 3/16 inch (5 mm).

2. Tensile Strength at 73 deg F (23 deg C), According to ASTM D 638: 12,000 psi (82.7 MPa).

3. Temperature Range: Minus 40 to plus 185 deg F (Minus 40 to plus 85 deg C).

4. Color: Black except where used for color-coding.

B. UV-Stabilized Cable Ties: Fungus inert, designed for continuous exposure to exterior sunlight, self

extinguishing, one piece, self locking, Type 6/6 nylon.

1. Minimum Width: 3/16 inch (5 mm).

2. Tensile Strength at 73 deg F (23 deg C), According to ASTM D 638: 12,000 psi (82.7 MPa).

3. Temperature Range: Minus 40 to plus 185 deg F (Minus 40 to plus 85 deg C).

4. Color: Black.

C. Plenum-Rated Cable Ties: Self extinguishing, UV stabilized, one piece, self locking.

1. Minimum Width: 3/16 inch (5 mm).

2. Tensile Strength at 73 deg F (23 deg C), According to ASTM D 638: 7000 psi (48.2 MPa).

3. UL 94 Flame Rating: 94V-0.

4. Temperature Range: Minus 50 to plus 284 deg F (Minus 46 to plus 140 deg C).

5. Color: Black.

2.8 MISCELLANEOUS IDENTIFICATION PRODUCTS

A. Paint: Select paint system applicable for surface material and location (exterior or interior).

B. Fasteners for Labels and Signs: Self-tapping, stainless-steel screws or stainless-steel machine screws

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with nuts and flat and lock washers.

PART 3 – EXECUTION

3.1 INSTALLATION

A. Verify identity of each item before installing identification products.

B. Location: Install identification materials and devices at locations for most convenient viewing without

interference with operation and maintenance of equipment.

C. Apply identification devices to surfaces that require finish after completing finish work.

D. Self-Adhesive Identification Products: Clean surfaces before application, using materials and methods

recommended by manufacturer of identification device.

E. Attach signs and plastic labels that are not self-adhesive type with mechanical fasteners appropriate to

the location and substrate.

F. System Identification Color-Coding Bands for Raceways and Cables: Each color-coding band shall

completely encircle cable or conduit. Place adjacent bands of two-color markings in contact, side by

side. Locate bands at changes in direction, at penetrations of walls and floors, at 50-foot (15-m)

maximum intervals in straight runs, and at 25-foot (7.6-m) maximum intervals in congested areas.

G. Aluminum Wraparound Marker Labels and Metal Tags: Secure tight to surface of conductor or cable at

a location with high visibility and accessibility.

H. Cable Ties: For attaching tags. Use general-purpose type, except as listed below:

1. Outdoors: UV-stabilized nylon.

2. In Spaces Handling Environmental Air: Plenum rated.

I. Underground-Line Warning Tape: During backfilling of trenches install continuous underground-line

warning tape directly above line at 6 to 8 inches (150 to 200 mm) below finished grade. Use multiple

tapes where width of multiple lines installed in a common trench exceeds 16 inches (400 mm) overall.

3.2 IDENTIFICATION SCHEDULE

A. Accessible Raceways, 600 V or Less, for Service, Feeder, and Branch Circuits More Than 30 A, and 120

V to ground: Identify with self-adhesive vinyl tape applied in bands. Install labels at 10-foot (3-m)

maximum intervals.

B. Accessible Raceways and Cables within Buildings: Identify the covers of each junction and pull box of

the following systems with self-adhesive vinyl labels with the wiring system legend and system

voltage. System legends shall be as follows:

1. Emergency Power.

2. Power.

3. UPS.

C. Power-Circuit Conductor Identification, 600 V or Less: For conductors in vaults, pull and junction

boxes, manholes, and handholes, use color-coding conductor tape to identify the phase.

1. Color-Coding for Phase and Voltage Level Identification, 600 V or Less: Use colors listed below

for ungrounded service, feeder and branch-circuit conductors.

a. Color shall be factory applied.

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b. Colors for 208/120-V Circuits.

1) Phase A: Black.

2) Phase B: Red.

3) Phase C: Blue.

c. Colors for 480/277-V Circuits:

1) Phase A: Brown.

2) Phase B: Orange.

3) Phase C: Yellow.

d. Field-Applied, Color-Coding Conductor Tape: Apply in half-lapped turns for a minimum

distance of 6 inches (150 mm) from terminal points and in boxes where splices or taps are

made. Apply last two turns of tape with no tension to prevent possible unwinding. Locate

bands to avoid obscuring factory cable markings.

D. Conductors to Be Extended in the Future: Attach write-on tags to conductors and list source.

E. Auxiliary Electrical Systems Conductor Identification: Identify field-installed alarm, control, and signal

connections.

1. Identify conductors, cables, and terminals in enclosures and at junctions, terminals, and pull

points. Identify by system and circuit designation.

2. Use system of marker tape designations that is uniform and consistent with system used by

manufacturer for factory-installed connections.

3. Coordinate identification with Project Drawings, manufacturer's wiring diagrams, and the

Operation and Maintenance Manual.

F. Locations of Underground Lines: Identify with underground-line warning tape for power, lighting,

communication, and control wiring and optical fiber cable.

1. Limit use of underground-line warning tape to direct-buried cables.

2. Install underground-line warning tape for both direct-buried cables and cables in raceway.

G. Workspace Indication: Install floor marking tape to show working clearances in the direction of access

to live parts. Workspace shall be as required by NFPA 70 and 29 CFR 1926.403 unless otherwise

indicated. Do not install at flush-mounted panelboards and similar equipment in finished spaces.

H. Equipment Identification Labels: On each unit of equipment, install unique designation label that is

consistent with wiring diagrams, schedules, and the Operation and Maintenance Manual. Apply labels

to disconnect switches and protection equipment, central or master units, control panels, control

stations, terminal cabinets, and racks of each system. Systems include power, lighting, control,

communication, signal, monitoring, and alarm systems unless equipment is provided with its own

identification.

1. Labeling Instructions:

a. Indoor Equipment: Engraved, laminated acrylic or melamine label. Unless otherwise

indicated, provide a single line of text with 1/2-inch- (13-mm-) high letters on 1-1/2-inch-

(38-mm-) high label; where two lines of text are required, use labels 2 inches (50 mm) high.

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b. Outdoor Equipment: Engraved, laminated acrylic or melamine label.

c. Elevated Components: Increase sizes of labels and letters to those appropriate for viewing

from the floor.

d. Unless provided with self-adhesive means of attachment, fasten labels with appropriate

mechanical fasteners that do not change the NEMA or NRTL rating of the enclosure.

2. Equipment to Be Labeled:

a. Panelboards: Typewritten directory of circuits in the location provided by panelboard

manufacturer. Panelboard identification shall be engraved, laminated acrylic or melamine

label.

b. Enclosures and electrical cabinets.

c. Access doors and panels for concealed electrical items.

d. Transformers: Label that includes tag designation shown on Drawings for the transformer,

feeder, and panelboards or equipment supplied by the secondary.

e. Emergency system boxes and enclosures.

f. Enclosed switches.

g. Enclosed circuit breakers.

h. Power transfer equipment.

i. Battery racks.

j. Power-generating units.

k. Monitoring and control equipment.

l. UPS equipment.

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SECTION 3

BIDDING INFORMATION

A. BID INSTRUCTIONS

1. Bid.

The bid, along with all other accompanying documents and materials submitted by the bidder, will be

deemed to constitute the entire bid. The bidder shall promptly furnish any additional information

requested relative to its bid.

2. Submittal.

a. Bids shall be submitted on the Bid Response Form (Attachment C) provided. Bids submitted on any

other form may be considered non-responsive and therefore rejected. The authorized person

signing the bid shall initial any erasures, corrections or other changes appearing on the Bid

Response Form.

b. The Authority reserves the right to reject bids that alter the Bid Response Form or otherwise take

exception to the bid requirements. Bidders may submit alternative bids along with a complete

description of the proposed alternative; however the decision to accept or reject such alternative is

entirely at the sole discretion of the Authority.

3. Communications.

In cases where communication is required between bidders and the KCATA, such as requests for

information, instruction, clarification of specifications, etc. such communication shall be forwarded

directly to Will Hobart, Procurement Supervisor.

4. Approved Equals.

a. Wherever brand, manufacturer, or product names are used, they are included only for the purpose

of establishing a description of minimum quality of the requested item unless otherwise specified.

This inclusion is not to be considered as advocating or prescribing the use of any particular brand,

item, or product. However, approved equals or better will be accepted only when previously

approved by the KCATA.

b. All requests for approved equals shall be received in writing. Any changes to the specifications

will be made by addendum. Bidders may discuss the specification with the KCATA; however,

requests for changes shall be written and documented.

c. When an approved equal is requested, the bidder shall demonstrate the quality of its product to the

KCATA, and shall furnish sufficient technical data, test results, etc., to enable the KCATA to

determine whether the bidder's product is or is not equal to specifications.

5. Protests.

a. The following protest procedures will be employed for this procurement. For the purposes of

these procedures, “days” shall mean business days of KCATA administrative personnel which are

days other than a Saturday, Sunday or legal holiday observed by KCATA for such administrative

personnel.

b. Pre-Submittal. A pre-submittal protest is received prior to the bid due date. Pre-submittal

protests must be received by the Authority, in writing and addressed to the KCATA Director of

Procurement, no later than five (5) days before the bid closing date.

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c. Post-Submittal/Pre-Award. A post-submittal/pre-award protest is a protest against making an

award and is received after receipt of bids but before award of a contract. Post-submittal protests

must be received by the Authority, in writing and addressed to the KCATA Director of

Procurement, no later than five (5) days after the bid closing date.

d. Post-Award. Post-Award protests must be received by the Authority, in writing and addressed to

the KCATA Director of Procurement, no later than five (5) days after the date of the Notice of Intent

to Award.

e. The KCATA Director of Procurement shall respond in writing within five (5) days from the date of

the written request. If the protester is not satisfied with the response of the KCATA Director of

Procurement, the protester may appeal in writing to the KCATA General Manager within five (5)

days from the date of the KCATA Director of Procurement’s response.

f. The KCATA General Manager will decide if the protest and the appeal (if any) have been given fair

and reasonable consideration, or if additional consideration is warranted. The KCATA General

Manager’s response will be provided within ten (10) days after receipt of the request. The KCATA

General Manager’s decision is final and no further action on the protest shall be taken by the

KCATA.

g. By written notice to all parties, the KCATA Director of Procurement may extend the time provided

for each step of the protest procedures, extend the date of notice of award, or postpone the award

of a contract if deemed appropriate for protest resolution.

h. Protesters shall be aware of the Federal Transit Administration's (FTA) protest procedures with the

FTA Regional Office (ref: FTA Circular 4220.1F) If federal funding is involved, FTA will review

protests from a third party only when: 1) a grantee does not have a written protest procedure or

fails to follow its procedure, or fails to review a complaint or protest; or 2) violations of specific

federal laws or regulations have occurred.

i. An appeal to FTA must be received by FTA’s regional office within five (5) working days of the date

the protester learned or should have learned of KCATA’s decision. Protests shall be addressed to:

Regional Administrator, FTA Region 7, 901 Locust, Room 404, Kansas City, Missouri, 64106.

6. Bid Pricing.

a. Bids shall be firm and final.

b. Bidders shall be responsible for furnishing and delivering new and complete materials and/or

services to include the installation, assembly, accessories, personnel, training, warranty, and

guarantee as specified to make this procurement complete.

c. The bid price shall include, as applicable, all items of labor, materials, tools, equipment,

transportation, and other costs necessary to complete the manufacture, delivery, assembly,

installation and drawings, if required, of the materials or services required in this procurement.

d. The quantities specified for purchase by KCATA are based upon the best available estimates,

taking into consideration the consumption during the past periods, and do not determine the actual

amount the Authority may order during the contract period. The quantities are subject to change.

Payment will be based on actual order quantities based on the unit rates quoted.

e. It is the intention of the specifications to provide complete and accurate descriptions for materials

and/or services required by the KCATA. Any materials or services omitted from the specifications

that are clearly necessary for the completion of this bid, although not directly specified or called

for in the specifications, shall be considered a portion of the bid. Bidder shall indicate the

additional material and services it has determined to be required for this procurement.

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f. Bids shall indicate the unit price, extended to reflect the total bid. Any difference between the unit

price correctly extended and the total price shall be resolved in favor of the unit price, except

where the bidder clearly indicates that the total price is based on consideration of being awarded

all items of the bid.

g. Bid shall be net and shall reflect any available discount. Separate discount for timely payment shall

not be given consideration in evaluating bids, except in the case of bids that end in a tie.

h. The KCATA is exempt from payment of federal, state and local sales taxes, and such taxes shall not

be included in the bid price. Nevertheless, the bidder is not exempt from these taxes when

purchasing materials directly from its supplier.

7. Omissions and Form of Contract.

a. Omissions. The Contractor will be responsible for providing all services, equipment, facilities, and

functions which are necessary for the safe, reliable, efficient, and well-managed operation of the

program, within the general parameters described in this IFB, and consistent with established

industry practices, regardless of whether those services, equipment, facilities, and functions are

specifically mentioned in this IFB or not. The bidder should clearly identify any omissions to the

requirements set forth in the IFB.

b. Form of Contract. A copy of the standard KCATA contract terms and conditions is attached to this

IFB as Section 4. The standard contract terms and conditions outline various legal and

administrative duties and responsibilities assumed by persons or organizations contracting with

KCATA. It contains terms and conditions affecting the successful performance of the procurement.

Bids shall not stipulate any conditions or exceptions to the bid package or addenda. The successful

bidder will be expected to execute a contract containing the applicable standard contract terms

and conditions.

8. Authorization to Bid.

a. Sealed bids (one original and one copiy) shall be signed by an authorized official and submitted to

the Director of Procurement, Attn: Will Hobart, KCATA, 1350 E. 17th Street, Kansas City, Missouri,

64108. The bid number shall be clearly marked on the front of the return envelope.

b. If an individual doing business under a fictitious name makes the bid, the bid shall so state. If the

bid is made by a partnership, the full names and addresses of all members of the partnership shall

be given and one principal member shall sign the bid. If a corporation, limited liability company

or other legal entity makes the bid, an authorized officer shall sign it in the corporate name. If the

bid is made by a joint venture, the full names and addresses of all members of the joint venture

shall be given and one member shall sign the bid authorized thereof.

9. Submittal Deadline.

a. Sealed bids will be received until the date and time specified for bid closing in Section I, “Bid

Schedule”. Bids received before the bid closing time will be kept securely sealed. Bids submitted

by facsimile (fax) machine or electronic mail (e-mail) will not be accepted.

b. At a time specified for bid opening, all bids properly received will be publicly opened and read

aloud. Any bid received after this time will not be considered.

10. Incomplete Bid.

All documents that are required to be submitted with this Bid are listed on the Bid Checklist Form

(Attachment A). The bidder shall read all forms carefully before signing. Incomplete bid documents

may render the bid non-responsive.

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11. Withdrawal of Bids.

a. Bids may be withdrawn upon written request received by the KCATA before the time fixed for

closing. Withdrawal of a bid shall not prejudice the right of the bidder to submit a new bid,

provided it is received in a timely manner as provided above. The bond or certified check of any

bidder withdrawing its bid, in accordance with the foregoing condition, will be returned promptly.

b. No bids may be withdrawn for a period of ninety (90) days after the time set herein for the opening

of bids.

12. Disclosure of Proprietary Information.

a. A bidder may restrict the disclosure of scientific and technological innovations in which it has a

proprietary interest, or other information that is protected from public disclosure by law, which is

contained in the bids by:

(1) marking each page of each such document prominently in at least 16 point font with the words

“Proprietary Information;”

(2) printing each page of each such document on a different color paper than the paper on which

the remainder of the bid is printed; and

(3) segregating each page of each such document in a sealed envelope, which shall prominently

display, on the outside, the words “Proprietary Information” in at least 16 point font, along with

the name and address of the Bidder.

b. After either a contract is executed pursuant to this IFB, or all bids are rejected, the bids will be

considered public records open for inspection. If access to documents marked “Proprietary

Information,” as provided above, is requested under the Missouri Sunshine Law, Section 610 of the

Revised Statutes of Missouri, the KCATA will notify the Bidder of the request and the Bidder shall

have the burden to establish that such documents are exempt from disclosure under the law.

Notwithstanding the foregoing, in response to a formal request for information, the KCATA reserves

the right to release any documents if the KCATA determines that such information is a public

record pursuant to the Missouri Sunshine Law.

13. Disadvantaged Business Enterprise (DBE) Requirements.

a. This Contract is subject to the Requirements of Title 49, Code of Federal Regulations Part 26,

Participation by Disadvantaged Business Enterprises in Department of Transportation Financial

Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. KCATA’s overall goal for DBE participation is 12.5%. A separate contract goal [has

been] [has not been] established for this procurement.

b. Non-discrimination. Bidders shall not discriminate on the basis of race, color, national origin, or

sex in the performance of this project. The Bidder shall carry out applicable requirements of 49

CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Bidder to

carry out these requirements is a material breach of the resulting contract, which may result in the

termination of the contract or such other remedy as KCATA deems appropriate.

c. DBE Certification. DBE firms may participate as prime Contractors, subcontractors or suppliers.

KCATA will only recognize firms that are certified as DBEs under the DOT guidelines found in 49

CFR Part 26. Firms must be certified as a DBE by a member of the Missouri Regional Certification

Committee, which includes KCMO, MoDOT, City of St. Louis, Metro in St. Louis or KCATA. A list of

certified firms may be found at www.modot.mo.gov/ecr/index.htm. MBE and WBE certifications

from other agencies will not be considered.

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d. DBE Requirements. Please see Section 5 for DBE requirements applicable to this IFB and any

resulting contract. Section 5 forms and/or waivers must be completed with great care by each

bidder to ensure that the bid is acceptable.

B. BID EVALUATION, ACCEPTANCE AND AWARD

1. Bid Evaluation.

a. It is the intent of the KCATA to award a contract to the responsive and responsible bidder whose

bid conforming to this IFB, is the lowest in price and, in KCATA’s sole discretion, provides the best

value to the KCATA. Factors such as discounts, transportation costs and life cycle costs will be

considered in determining which bid is lowest in price.

b. A responsible bidder possesses the ability to perform successfully under the terms and conditions

of the proposed contract considering matters including Contractor integrity, record of past

performance, and financial and technical resources.

c. The low bidder will be required to demonstrate its ability to perform services contained in the

solicitation, in a timely manner, to the complete satisfaction of the Authority. Doubt as to technical

ability, productive capability, and financial strength which cannot be resolved affirmatively may

result in a determination of non-responsibility by KCATA.

d. KCATA reserves the right to investigate the qualifications of all bidders under consideration, to

confirm any part of the information furnished by a bidder, and to require other evidence of

managerial, financial or other capabilities which are considered necessary for the successful

performance of the contract.

2. Bid Acceptance.

Each bid is to be submitted with the understanding that the acceptance in writing by the KCATA of the

bid to furnish the materials and services, or any part thereof, described therein shall constitute a

contract between the bidder and the KCATA which shall bind the bidder on its part to furnish and

deliver at the price given and in accordance with the terms and conditions of said accepted bid and

these conditions.

3. Unbalanced Bid.

The Authority may determine that a bid is non-responsive if the prices proposed are materially

unbalanced. A bid is materially unbalanced when it is based on prices significantly less than cost or

prices significantly overstated relative to cost.

4. Bid Award.

a. The KCATA reserves the right to award to other than the low bidder and to award any or all items of

the bid.

b. In the case of multiple line items, the KCATA reserves the right to award the entire bid to one

bidder, or to split the award of the items to multiple bidders.

c. If awarded at all, the bid may be awarded to the bidder whose total price is lowest, whose bid is

responsive to the invitation thereof, and who is determined to be technically and financially

responsible to perform as required. The KCATA reserves the right to accept another bid, if it is in

the best interest of the Authority. Conditional bids and any bid taking exception to these

instructions or conditions, to the contract conditions or specifications, or to other contract

requirements may be considered non-responsive and may be rejected.

5. Bidder’s Responsibilities.

a. By submitting a bid, the bidder represents that bidder has read and understands the IFB and the

bid is made in accordance with the IFB; and

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b. By submitting a bid, the bidder represents that bidder possesses the capabilities, resources, and

personnel necessary to provide efficient and successful service to KCATA.

6. Reservations.

This IFB does not commit KCATA to award a contract, to pay any cost incurred in preparation of a bid,

or to procure a contract for services. The KCATA reserves the right to waive informalities or

irregularities in bids, and to reject any or all bids; to cancel this IFB in part or in its entirety, and to re-

advertise for bid if it is in the best interest of the Authority. KCATA shall be the sole judge of what is in

its best interest with respect to this IFB.

7. Debarment.

a. The bidder shall certify that it is not included in the "U.S. General Services Administration's List of

Parties Excluded from Federal Procurement or Non-procurement Programs".

b. The bidder agrees to refrain from awarding any subcontract of any amount (at any tier) to a

debarred or suspended subcontractor, and to obtain a similar certification from any subcontractor

(at any tier) seeking a contract exceeding $25,000.

c. The bidder agrees to provide the KCATA a copy of each conditioned debarment or suspension

certification provided by a prospective subcontractor at any tier, and to refrain from awarding a

subcontract with any party that has submitted a conditioned debarment or suspension certification

until FTA approval is obtained.

8. Employee Eligibility Verification.

a. The bidder is required by sworn affidavit and provision of documentation, to affirm its enrollment

and participation in a federal work authorization program with respect to employees working in

connection with the contracted services.

b. The bidder shall also affirm that it does not knowingly employ any person in connection with the

contracted services who does not have the legal right or authorization under federal law to work in

the United States as defined in 8 U.S.C. §1324a(h)(3).

c. The bidder is required to obtain the same affirmation from all subcontractors at all tiers.

9. Licenses and Permits.

a. The bidder shall, without additional expense to KCATA, be responsible for obtaining any

necessary licenses and permits, and for complying with all federal, state, and municipal laws,

codes, and regulations applicable to the providing of products, equipment or materials, or the

performance of the work in this procurement.

b. The Contractor shall comply with all applicable and current rules, regulations and ordinances of

any applicable federal, state, county or municipal governmental body or authority, including those

as set forth by the Environmental Protection Agency (EPA), the Missouri Department of Natural

Resources (MDNR), the Kansas Department of Health and Environment (KDHE), the FTA, the

Department of Transportation (DOT), and the City of Kansas City, Missouri.

10. Lobbying.

a. Pursuant to Public Law 104-65, the bidder is required to certify that no federal funds were used to

influence or attempt to influence an officer or employee of any federal department or agency, a

member of Congress or State legislature, an officer or employee of Congress or State legislature,

or an employee of a member of Congress or State legislature regarding the project(s) included in

the KCATA purchase order or the contract.

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b. Bidders who use non-federal funds for lobbying on behalf of specific projects or bids must submit

disclosure documentation when these efforts are intended to influence the decisions of federal

officials. If applicable, Standard Form-LLL, "Disclosure Form to Report Lobbying", is required with

the bidder's first submission initiating the KCATA's consideration for a KCATA purchase order or

the contract. Additionally, disclosure forms are required each calendar quarter following the first

disclosure if there has been a material change in the status of the previous disclosure. A material

change includes: 1) a cumulative increase of $25,000 or more in the amount paid or expected to be

paid for influencing or attempting to influence a covered federal action; 2) a change in the

person(s) or individual(s) influencing or attempting to influence a covered federal action; or 3) a

change in the officer(s) or employee(s) or member(s) contacted to influence or attempt to influence

a covered federal action.

c. The bidder is required to obtain the same certification and disclosure from all subcontractors (at all

tiers) when the federal money involved in the subcontract is $100,000 or more. Any such disclosure

forms received by the bidder must be forwarded to the KCATA.

C. REQUIRED DOCUMENTATION

The Bid Checklist Form (Attachment A) indicates forms and documents required for the submittal of this

bid. The bidder is encouraged to read all forms carefully before signing.

1. References.

Bidders shall complete the References form (Attachment B) indicating up to four (4) firms that

represent work that is similar to this procurement. Include the company name, address, contact

person, telephone number, e-mail address, contract amount, and length of contract (If applicable).

2. Bid Response Forms.

Bidders shall complete the Bid Response Forms (Attachment C) including the “Schedule of

Participation by Contractor and Subcontractors” (Attachment D) listing all subcontractors (including

DBEs) and the value of work committed to them.

3. Vendor Registration Form.

All bidders doing business with the KCATA shall complete a Vendor Registration Form (Form)

(Attachment E). However, bidders that have previously submitted a form within the past two (2) years

need not submit a Vendor Registration Form. It is the vendors’ responsibility to keep a current form on

file with the KCATA Procurement Department.

4. Employee Eligibility Verification.

a. The bidder is required by sworn affidavit and provision of documentation, (Attachment G) to affirm

its enrollment and participation in a federal work authorization program with respect to employees

working in connection with the contracted services.

b. The bidder shall also affirm that it does not knowingly employ any person in connection with the

contracted services who does not have the legal right or authorization under federal law to work in

the United States as defined in 8 U.S.C. §1324a(h)(3).

c. The bidder is required to obtain the same affirmation from all subcontractors at all tiers.

5. Certification of Debarment.

All bidders, and their subcontractors if applicable, shall complete the Certification of Primary

Participant Regarding Debarment Suspension and Other Responsibility Matters Form (Attachment H)

certifying that they are not debarred, etc. from bidding on federal procurements. Reference Part C of

this Section.

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6. Certification of Lobbying.

All bidders, and their subcontractors, if possible, shall complete the Certification of Lobbying Form

(Attachment I) when submitting bids for federal projects. Reference Part C of this Section.

7. Buy America Certification.

All bidders as applicable shall complete the appropriate part of the Buy America Certificate Form

(Attachment J) to certify that steel, iron, and manufactured products used in this project are produced

in the United States, or if rolling stock, that the cost of the components is more than 60 percent of the

total cost with final assembly taking place in the United States.

8. Disadvantaged Business Enterprise (DBE).

a. The KCATA recognizes firms that have been certified as Disadvantaged Business Enterprises

(DBEs) under the criteria established by the U. S. Department of Transportation’s Regulations 49

C.F.R. Part 26. Contractors using DBE firms as subcontractors must submit a current certificate or

letter of DBE certification from a member of the Missouri Regional Certification Committee

(MRCC).

b. Letter of Intent to Subcontract for each DBE subcontractor on the project and signed by both the

Prime and the DBE

c. Contractor Utilization Plan/Request for Waiver. This is a commitment that the Prime understands

the DBE participation required on the project.

9. Affirmative Action Compliance.

a. Contractors and subcontractors agree to comply with Federal Transit Law, specifically 49 U.S.C.

5332 which prohibits discrimination, including discrimination in employment and discrimination in

business opportunity.

b. Firms that have not filed an Affirmative Action compliance certification with the KCATA in the past

two (2) years must submit the following documents:

(1) A copy of your firm’s current Affirmative Action Program and/or Policy statement and a

completed Workforce Analysis Report; Form AA1, Part 2 (Attachment F-2). See Attachment F,

Guidelines for Workforce Analysis Form (Form AA1, Part 1, Form EE0-1 may be substituted).

c. A current Certificate of Affirmative Action compliance from a local government agency may be

submitted in lieu of a program or policy statement.

d. A letter requesting exemption from filing an Affirmative Action Program may be requested if your

firm has twenty-five (25) or fewer employees. To do so, a signed, notarized letter on company

letterhead listing the employees, their race, sex, job title and annual salary must be submitted.

e. For questions on these requirements, or assistance in completing the forms, please contact

KCATA’s Contracting/Supplier Diversity Coordinator at (816) 346-0224.

10. Receipt of Addenda.

In the event that Addenda are issued against this Invitation to Bid, bidders will be issued a Receipt of

Addenda Form to complete and return with the Invitation to Bid, acknowledging receipt of all addenda

issued. This is to safeguard KCATA and the bidder against failure to communicate any important

information and changes to the scope of the procurement.

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11. Other Documents.

Bidders shall submit any other documents necessary to complete this bid. This may include technical

information or product brochures.

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SECTION 4

CONTRACT TERMS AND CONDITIONS

1. ACCEPTANCE OF MATERIALS – NO RELEASE

Acceptance of any portion of the products, equipment or materials prior to final acceptance shall not

release the Contractor from liability for faulty workmanship or materials, or for failure to fully comply

with all of the terms of this Contract. KCATA reserves the right and shall be at liberty to inspect all

products, equipment or materials and workmanship at any time during the contract term, and shall have

the right to reject all materials and workmanship which do not conform with the conditions, Contract

requirements and specifications; provided, however, that KCATA is under no duty to make such

inspection, and Contractor shall (notwithstanding any such inspection) have a continuing obligation to

furnish all products, services, equipment or materials and workmanship in accordance with the

instructions, Contract requirements and specifications. Until delivery and acceptance, and after any

rejections, risk of loss will be on the Contractor unless loss results from negligence of KCATA.

2. AGREEMENT IN ENTIRETY

This Contract represents the entire and integrated agreement between the parties and supersedes all prior

negotiations, representations or agreements, either written or oral. This Contract may be amended only by

written instrument signed by all parties.

3. ASSIGNMENT

The Contractor shall not assign any interest in this Contract and shall not transfer any interest in the same

(whether by assignment or novation), without the prior written consent of KCATA. In the event of KCATA’s

consent to assignment of this Contract, all of the terms, provisions and conditions of the Contract shall be

binding upon and inure to the benefit of the parties and their respective successors, assigns and legal

representative.

4. BANKRUPTCY

In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or

involuntary, the Contractor agrees to furnish, by certified mail, written notification of the bankruptcy to the

KCATA official identified in the “Notification and Communication” section. This notification shall be

furnished within five days of the initiation of the proceedings relating to bankruptcy filing. This notification

shall include the date on which the bankruptcy petition was filed, the identity of the court in which the

bankruptcy petition was filed, and a listing of KCATA Contract numbers against which final payment has not

been made. This obligation remains in effect until final payment under this Contract.

5. BONDING REQUIREMENTS

A. Performance and Payment Bonds

1. Not used.

2. Not used.

3. Not used.

4. Not used.

B. Warranty of Work and Maintenance

1. The Contractor warrants to KCATA, that all products, equipment and materials furnished under

this Contract will be of highest quality and new unless otherwise specified by KCATA, free from

faults and defects in workmanship or materials, merchantable, suitable for its intended purpose

and in conformance with the Contract. All work not so conforming to these standards shall be

considered defective. If required by KCATA, the Contractor shall furnish satisfactory evidence

as to the kind and quality of products, equipment and materials. The work or services

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furnished must be of first quality and the workmanship must be the best obtainable in the

various trades.

2. The work must be of safe, substantial and durable construction in all respects. The Contractor

hereby guarantees the work against defective materials or faulty workmanship for a minimum

period of one (1) year after final payment by KCATA and shall replace or repair any defective

products, equipment or materials or faulty workmanship during the period of the guarantee at

no cost to KCATA.

6. BREACH OF CONTRACT; REMEDIES

A. If the Contractor shall fail, refuse or neglect to comply with the terms of this Contract, such failure shall

be deemed a total breach of Contract and the Contractor shall be subject to legal recourse by KCATA,

plus costs resulting from failure to comply including the KCATA’s reasonable attorney fees, whether or

not suit be commenced.

B. The duties and obligations imposed by this Contract and the rights and remedies available hereunder

shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise

imposed or available by law or equity. No action or failure to act by KCATA shall constitute a waiver of

any right or duty afforded under this Contract, nor shall any such action or failure to act constitute an

approval of or acquiescence in any breach hereunder, except as may be specifically agreed in

writing.

7. CHANGES

KCATA may at any time, by a written order, and without notice to the sureties, make changes within the

general scope of this Contract. No such changes shall be made by the Contractor without prior written

approval by KCATA. If any such change causes an increase or decrease in the Contract sum, or the time

required for performance of this Contract, whether changed or not changed by such order, an equitable

adjustment shall be made by written modification. Any Contractors’ claim for adjustment under this clause

must be asserted within 30 days from the date of receipt by the Contractor of the notification of change.

Nothing in this clause shall excuse the Contractor from proceeding with the Contract as changed.

8. CHANGES TO FEDERAL REQUIREMENTS

Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and

directives, including without limitation, those listed directly or by reference in the Agreement between the

Authority and FTA (FTA MA (18) dated October 1, 2011), as they may be amended or promulgated from

time to time during the term of this Contract. Contractors’ failure to so comply shall constitute a material

breach of this Contract. Contractor agrees to include this clause in all subcontracts at any tier. It is further

agreed that the clause shall not be modified, except to identify the subcontractors who will be subject to its

provisions.

9. CIVIL RIGHTS

A. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d,

section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the

Americans with Disabilities Act of 1990, 42 U.S. C. § 12132, and Federal transit law at 49 U.S.C. § 5332,

the Contractor agrees that it will not discriminate against any employee or applicant for employment

because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees

to comply with applicable Federal implementing regulations and other implementing regulations that

the Federal Transit Administration (FTA) may issue.

B. Equal Employment Opportunity. The following equal employment opportunity requirements apply

to this Contract:

1. Race, Color, Creed, National Origin or Sex. In accordance with Title VII of the Civil Rights Act,

as amended, 42. U.S.C. §2000e, et seq., and Federal transit laws at 49 U.S.C. §5332, the

Contractor agrees to comply with all applicable equal opportunity requirements of the U.S.

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Department of Labor (U.S. DOL) regulations, “Office of Federal Contract Compliance Programs,

Equal Employment Opportunity, Department of Labor” 41 C.F.R. Parts 60 et seq., (which

implement Executive Order No. 11246, “Equal Employment Opportunity,” as amended by

Executive Order No. 11375, “Amending Executive Order 11246 Relating to Equal Employment

Opportunity,” 42 U.S.C. 2000e note), and with any applicable Federal statutes, executive

orders, regulations, and Federal policies that may in the future affect construction activities

undertaken in the course of the Contract.

The Contractor agrees to take affirmative action to ensure that applicants are employed, and

that employees are treated during employment without regard to their race, color, creed,

national origin, sex, or age. Such action shall include, but not be limited to, the following:

employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or

termination; rates of pay or other forms of compensation; and selection for training, including

apprenticeship. In addition, the Contractor agrees to comply with any implementing

requirements FTA may issue.

2. Age. In accordance with Section 4 of the Age Discrimination in Employment Act of 1967, as

amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. §5332, the Contractor agrees to

refrain from discrimination against present and prospective employees for reason of age. In

addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

3. Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended,

42 U.S.C. §12112, the Contractor agrees that it will comply with the requirements of U.S. Equal

Employment Opportunity Commission, “Regulations to Implement the Equal Employment

Provisions of the Americans with Disabilities Act,” 29 C.F.R. Part 1630, pertaining to

employment of persons with disabilities. In addition, the Contractor agrees to comply with any

implementing requirements FTA may issue.

C. ADA Access Requirements. In accordance with section 102 of the Americans with Disabilities Act,

as amended, 42 U.S.C. § 12112 and section 504 of the Rehabilitation Act of 1973, as amended, 29

U.S.C. § 794, the Contractor agrees that it will comply with the requirements of U.S. Department of

Transportation regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR

Part 37; and U.S. Department of Transportation regulations, “Americans with Disabilities

Accessibility Specifications for Transportation Vehicles,” 36 CFR Part 1192 and 49 CFR Part 38,

pertaining to facilities and equipment to be used in public transportation. In addition, the

Contractor agrees to comply with the requirements of 49 U.S.C. § 5301 (d) which expresses the

Federal policy that the elderly and persons with disabilities have the same right as other persons to

use mass transportation services and facilities, and that special efforts shall be made in planning and

designing those services and facilities to implement transportation accessibility rights for elderly

persons and persons with disabilities. Contractor also agrees to comply with any implementing

requirements FTA may issue.

10. CONFLICTS OF INTEREST (ORGANIZATIONAL)

The Contractor certifies that it has no other activities or relationships that would make the Contractor

unable, or potentially unable, to render impartial assistance or advice to KCATA, or that would impair the

Contractor’s objectivity in performing work under this Contract, or that would result in an unfair

competitive advantage to Contractor or to another third party performing the Project work.

11. CONTINUITY OF SERVICES

A. The Contractor recognizes that the services under this Contract are vital to the KCATA and must be

continued without interruption and that, upon contract expiration, a successor, either the KCATA or

another contractor may continue them. The Contractor agrees to (1) furnish phase-in training and (2)

exercise it best efforts and cooperation to effect an orderly and efficient transition to a successor.

B. The Contractor shall, upon the KCATA's written notice, (1) furnish phase-in, phase-out services for up to

90 days after this Contract expires and (2) negotiate in good faith a plan with a successor to determine

the nature and extent of phase-in, phase-out services required. The plan shall specify a training

program and a date for transferring responsibilities for each division of work described in the plan, and

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shall be subject to KCATA's approval. The Contractor shall provide sufficient experienced personnel

during the phase-in, phase-out period to ensure that the services called for by this Contract are

maintained at the required level of proficiency.

12. CONTRACTOR’S PERSONNEL

All of the services required hereunder shall be performed by the Contractor or under its supervision and

all personnel engaged in the services shall be fully qualified and authorized under state and local law to

perform such services. Any change in the key personnel, as described in the contractor’s proposal, shall

be subject to the written approval of KCATA; such approval shall not be unreasonably withheld. The

parties agree that at all times during the entire term of this Contract that the persons listed in Contractor’s

proposal shall serve as the primary staff person(s) of Contractor to undertake, render and oversee all of the

services of this Contract subject to KCATA’s right to remove personnel. KCATA reserves the right to require

the Contractor to remove any personnel and or subcontractors for any cause provided such request for

removal shall be documented in writing to Consultant.

13. CONTRACTOR’S RESPONSIBILITY

No advantage shall be taken by the Contractor or its subcontractor of the omission of any part or detail

which goes to make the equipment complete and operable for use by KCATA. In case of any variance, this

specification shall take precedence over Contractor's or subcontractor's own specifications. The Contractor

shall assume responsibility for all materials and services used whether the same is manufactured by the

Contractor or purchased ready made from a source outside the Contractor's company.

14. DEBARMENT AND SUSPENSION CERTIFICATION

A. The Contractor, its principals and any affiliates, shall certify that it is not included in the “U.S. General

Services Administration’s List of Parties Excluded from Federal Procurement or Non-procurement

Programs,” as defined at 49 CFR Part 29, Subpart C.

B. The Contractor agrees to refrain from awarding any subcontract of any amount (at any tier) to a

debarred or suspended subcontractor, and to obtain a similar certification from any subcontractor (at

any tier) seeking a contract exceeding $25,000.

C. The Contractor agrees to provide KCATA a copy of each conditioned debarment or suspension

certification provided by a prospective subcontractor at any tier, and to refrain from awarding a

subcontract with any party that has submitted a conditioned debarment or suspension certification until

FTA approval is obtained.

15. DELIVERY

Materials and/or equipment shall be delivered to Kansas City Area Transportation Authority, Central

Receiving Facility, Building #1, 1350 East 17th Street, Kansas City, Missouri, 64108. KCATA will assume

custody of property at other locations, if so directed in writing by KCATA. Packing slips shall be furnished

with the delivery of each shipment. KCATA reserves the right to inspect all deliveries or services before

acceptance. All external components shall be wrapped for protection against damage during shipping and

handling. Each specified unit shall be delivered to KCATA in first class condition and the Contractor shall

assume all responsibility and liability for said delivery. KCATA reserves the right to extend delivery or

installation, postpone delivery or installation, or reschedule delivery or installation in case the delivery or

installation of service equipment under this Agreement shall be necessarily delayed because of strike,

injunction, civil disturbance, government controls, or by reason of any cause of circumstance beyond the

control of the Contractor, as detailed in writing by the Contractor. The time of completion of a delivery or

installation shall be extended by a number of days to be determined in each instance by KCATA.

16. DISADVANTAGED BUSINESS ENTERPRISE (DBE)

A. This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,

Participation by Disadvantaged Business Enterprises in Department of Transportation Financial

Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises

(DBE’s) is 10 percent. KCATA’s overall goal for DBE participation is 12.5 percent. A separate

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contract goal [has been] [has not been] established for this procurement.

B. The Contractor shall not discriminate on the basis of race, color national origin, or sex in the

performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR.

Part 26 in the award and administration of this DOT-assisted contract. Failure by the Contractor to

carry out these requirements is a material breach of this Contract, which may result in the

termination of this Contract or such other remedy as KCATA deems appropriate. Each subcontract

the Contractor signs with a subcontractor must include the assurance in this paragraph (see 49

C.F.R. 26.13(b)).

C. The Contractor may not substitute, remove or terminate a DBE subcontractor without KCATA’s prior

written consent. Written consent of termination may only be given if the Contractor has

demonstrated good cause. Before submitting its request to terminate or substitute a DBE

subcontractor, the Prime Contractor must give notice in writing to the DBE subcontractor, with a

copy to KCATA, of its intent to request to terminate and/or substitute, and the reason for the request.

The Contractor must give the DBE five days to respond to the Contractor’s notice and advise KCATA

and the Contractor of the reasons, if any, why it objects to the proposed termination of its

subcontract and why KCATA should not approve the Contractor’s action. If required in a particular

case as a matter of public necessity (e.g., safety), the response period may be shortened.

D. Good Cause. Good cause includes the following circumstances:

1. The listed DBE subcontractor fails or refuses to execute a written contract; or

2. The listed DBE subcontractor fails or refuses to perform the work of its normal industry

standards. Provided, however, that the good cause does not exist if the failure or refusal of the

DBE subcontractor to perform its work on the subcontract results from the bad faith or

discriminatory action of the Prime Contractor; or

3. The listed DBE subcontractor fails or refuses to meet the Prime Contractor’s reasonable,

nondiscriminatory bond requirements; or

4. The listed DBE subcontractor becomes bankrupt, insolvent, or exhibits credit unworthiness; or

5. The listed DBE subcontractor is ineligible to work on public works projects because of

suspension and debarment proceedings pursuant to 2 CFR Parts 180, 215 and 1200 or

applicable state law; or

6. The DBE subcontractor is not a responsible contractor; or

7. The listed DBE subcontractor voluntarily withdraws from the project and provides the Prime

Contractor written notice of its withdrawal;

8. The listed DBE is ineligible to receive DBE credit for the type of work required;

9. A DBE owner dies or becomes disabled with the result that the listed DBE contractor is unable

to complete its work on the contract;

10. Other documented good cause that compels KCATA to terminate the DBE subcontractor.

Provided the good cause does not exist if the Prime contractor seeks to terminate a DBE it

relied upon to obtain the contract so that the Prime Contractor can self-perform the work for

which the DBE contractor was engaged or so that the Prime Contractor can substitute another

DBE or non-DBE contractor.

E. Before submitting its request to terminate or substitute a DBE subcontractor, the Prime Contractor must

give notice in writing to the DBE subcontractor, with a copy to KCATA, of its intent to request to

terminate and/or substitute, and the reason for the request. The Prime Contractor must give the DBE

five days to respond to the Prime Contractor’s notice and advise the KCATA and the Contractor of the

reasons, if any, why it objects to the proposed termination of its subcontract and why KCATA should

not approve the Prime Contractor’s action. If required in a particular case as a matter of public

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necessity (e.g., safety), the response period may be shortened.

17. DISCLAIMER OF FEDERAL GOVERNMENT OBLIGATIONS OR LIABILITY

The Contractor, and any subcontractors acknowledge and agree that, notwithstanding any concurrence by

the Federal Government in or approval of the solicitation or award of this contract, absent the express

written consent by the Federal Government, the Federal Government is not a party to this contract and shall

not be subject to any obligations or liabilities to the Contractor, or any other party (whether or not a party to

this Contract) pertaining to any matter resulting from this Contract. It is further agreed that the clause shall

be included in each subcontract and shall not be modified, except to identify the subcontractor who will be

subject to its provision.

18. DISPUTE RESOLUTION

A. Except as otherwise provided in this Contract, any dispute concerning a question of fact arising under

this Contract which is not disposed of by agreement shall be decided by KCATA's Director of

Procurement, who shall reduce the decision to writing and mail or otherwise furnish a copy to the

Contractor. The decision of the Director of Procurement shall be final and conclusive unless within ten

(10) days from the date of receipt of such copy the Contractor mails or otherwise furnishes a written

appeal addressed to the General Manager, with a copy to the Deputy General Manager and the

Director of Procurement. The determination of such appeal by the General Manager shall be final and

conclusive unless determined by a court of competent jurisdiction to have been fraudulent or

capricious, arbitrary, or not supported by substantial evidence. In connection with any appeal

proceeding under this clause the Contractor shall be afforded an opportunity to be heard and to offer

evidence in support of its appeal. Pending final decision of a dispute hereunder, and unless otherwise

directed in writing by KCATA, the Contractor shall proceed diligently with performance in accordance

with the Director of Procurement’s decision.

B. The duties and obligations imposed by the Contract and the rights and remedies available hereunder

shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise

imposed or available by law. No action or failure to act by the KCATA or Contractor shall constitute a

waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure

to act constitute an approval of or acquiescence in any breach thereunder, except as may be

specifically agreed in writing.

19. EMPLOYEE ELIGIBILITY VERIFICATION

A. To comply with Section 285.500 RSMo, et seq., the Contractor is required by sworn affidavit and

provision of documentation, to affirm its enrollment and participation in a federal work authorization

program with respect to the employees working in connection with the contracted services. The

Contractor shall also affirm that it does not knowingly employ any person in connection with the

contracted services who does not have the legal right or authorization under federal law to work in

the United States as defined in 8 U.S.C. §1324a(h)(3). The Contractor is required to obtain the same

affirmation from all subcontractors at all tiers with contracts exceeding $5,000.

B. A federal work authorization program is any of the electronic verification of work authorization

programs operated by the United States Department of Homeland Security (E-Verify) or an

equivalent federal work authorization program operated by the United States Department of

Homeland Security to verify information of newly hired employees, under the Immigration Reform

and control Act of 1986 (IRCA), P.L.99-603.

20. CONSTRUCTION EMPLOYEE PROTECTIONS

A. Davis-Bacon and Copeland Anti-Kickback Standards Acts

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1. The Contractor agrees to comply and assures compliance with the requirements of 40 U.S.C.

3141, et seq. and 18 U.S.C 874 and implementing U.S. Department of Labor regulations,

“Labor Standards Provisions Applicable to Contracts Governing Federally Financed and

Assisted Construction (also Labor Standards Provisions Applicable to Non-Construction

Contracts Subject to the Contract Work Hours and Safety Standards Act,” 29 C.F.R. Part 5).

2. Contractor shall comply with all rulings and interpretations of the Davis-Bacon and Related Acts

contained in 29 CFR Parts 1, 3, and 5 which are incorporated by reference in this Contract.

3. The Contractor agrees to pay wages to laborers and mechanics performing Contract work at a

rate not less than the minimum wages specified in a wage determination issued by the U.S.

Secretary of Labor and not less often than once a week, and without subsequent deduction or

rebate on any account (except such payroll deductions as are permitted by regulations issued

by the Secretary of Labor under the Copeland Act (29 C.F.R. Part 3)).

The Contractor agrees to place a copy of the current prevailing wage determination issued by

the U.S. DOL in each solicitation for subcontractor work under this project, and agrees to refrain

from awarding any affected contracts until the subcontractor agrees to the required wage

determination.

4. The KCATA shall upon its own action or upon written request of an authorized representative

of the Department of Labor withhold or cause to be withheld from the contractor under this

Contract or any other Federal contract with the same prime contractor, or any other

federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is

held by the same prime contractor, so much of the accrued payments or advances as may be

considered necessary to pay laborers and mechanics, including apprentices, trainees, and

helpers, employed by the contractor or any subcontractor the full amount of wages required

by the contract. In the event of failure to pay any laborer or mechanic, including any

apprentice, trainee, or helper, employed or working on the site of the work (or under the

United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or

development of the project), all or part of the wages required by the contract, the KCATA

may, after written notice to the contractor, sponsor, applicant, or owner, take such action as

may be necessary to cause the suspension of any further payment, advance, or guarantee of

funds until such violations have ceased.

5. Payrolls and basic records relating thereto shall be maintained by the contractor during the

course of the work and preserved for a period of three years thereafter for all laborers and

mechanics working at the site of the work. The payrolls submitted shall set out accurately

and completely all of the information required to be maintained under Section 5.5(a)(3)(i) of

the Regulations, 29 C.F.R. Part 5. The prime Contractor is responsible for the submission of

copies of payrolls by all subcontractors.

6. Contractors employing apprentices or trainees under approved programs shall maintain

written evidence of the registration of apprenticeship programs and certification of trainee

programs, the registration of the apprentices and trainees, and the ratios and wage rates

prescribed in the applicable programs.

a. Apprentices. Apprentices will be permitted to work at less than the predetermined rate

for the work they performed when they are employed pursuant to and individually

registered in a bona fide apprenticeship program registered with the U.S. Department

of Labor, Employment and Training Administration, Bureau of Apprenticeship and

Training, or with a state apprenticeship agency recognized by the Bureau, or if a person

is employed in his or her first 90 days of probationary employment as an apprentice in

such an apprenticeship program, who is not individually registered in the program, but

who has been certified by the Bureau of Apprenticeship and Training or a state

apprenticeship agency (where appropriate) to be eligible for probationary employment

as an apprentice.

b. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at

less than the predetermined rate for the work performed unless they are employed

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pursuant to and individually registered in a program which has received prior approval,

evidenced by formal certification by the U.S. Department of Labor, Employment and

Training Administration. The ratio of trainees to journeymen on the job site shall not be

greater than permitted under the plan approved by the Employment and Training

Administration. Every trainee must be paid at not less than the rate specified in the

approved program for the trainee's level of progress, expressed as a percentage of the

journeyman hourly rate specified in the applicable wage determination.

7. The Contractor must submit a copy of all payrolls each week to KCATA’s project manager. The

copy is to be accompanied by a statement signed by the Contractor indicating that the payrolls

are correct and complete, and that the wage rates contained therein are not less than those

determined by the Secretary of Labor.

Upon completion of the Contract, the Contractor is to submit to KCATA’s project manager, a

certificate concerning wages and classifications for laborers and mechanics.

8. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses

contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit

Administration may by appropriate instructions require, and also a clause requiring the

subcontractors to include these clauses in any lower tier subcontracts. The prime

Contractor shall be responsible for the compliance by any subcontractor or lower tier

subcontractor with all the contract clauses in 29 CFR 5.5.

9. Contract Termination: Debarment. A breach of the clauses in 29 CFR 5.5 may be grounds

for termination of the Contract, and for debarment as a contractor and a subcontractor as

provided in 29 CFR 5.12.

10. Disputes concerning labor standards. Disputes arising out of the labor standards provisions

of this Contract shall not be subject to the general disputes clause of this Contract. Such

disputes shall be resolved in accordance with the procedures of the Department of Labor set

forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes

between the Contractor (or any of its subcontractors) and the contracting agency, the U.S.

Department of Labor, or the employees or their representatives.

11. Certification of Eligibility.

a. By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor

any person or firm who has an interest in the Contractor's firm is a person or firm

ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-

Bacon Act or 29 CFR 5.12(a)(1).

b. No part of this Contract shall be subcontracted to any person or firm ineligible for award

of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR

5.12(a)(1).

c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18

U.S.C. 1001.

21. EMPLOYEE PROTECTIONS

B. Contract Work Hours and Safety Standards Act

1. Not used.

2. Not used.

3. Not used.

4. Not used.

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5. Not used.

22. ENVIRONMENTAL REGULATIONS

A. Clean Air.

Not used.

B. Clean Water.

Not used.

C. Energy Conservation. The Contractor agrees to comply with mandatory standards and policies

relating to energy efficiency, which are contained in the state energy conservation plan issued in

compliance with the Energy Policy and Conservation Act. The Contractor agrees to include the

requirements of this clause in all subcontracts under this Contract.

D. Recovered Materials.

Not used.

23. FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS

A. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as

amended, 31 U.S.C. § 3801 et seq. and U.S DOT regulations, “Program Fraud Civil Remedies,” 49 CFR

Part 31, apply to its actions pertaining to the Project. Upon execution of the Contract, the Contractor

certifies and affirms the truthfulness and accuracy of any statement it has made, it makes, or may make

pertaining to the project covered under this Contract. In addition to other penalties that may be

applicable, the Contractor further acknowledges that if it makes a false, fictitious, or fraudulent claim,

statement, submission, or certification, the Federal Government reserves the right to impose the

penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal

Government deems appropriate.

B. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent

claim, statement, submission, or certification to the Federal Government in connection with this

Contract, the Government reserves the right to impose on the Contractor the penalties of 18 U.S.C.

§ 1001 and 49 U.S.C. § 5307(n)(1), to the extent the Federal Government deems appropriate.

C. The Contractor agrees to include these clauses in each subcontract, and it is further agreed that the

clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

24. GOVERNING LAW

This Contract shall be deemed to have been made in, and be construed in accordance with, the laws of the

State of Missouri. Any action of law, suit in equity, or other judicial proceeding to enforce or construe this

Contract, respecting its alleged breach, shall be instituted only in the Circuit Court of Jackson County,

Missouri.

25. HEADINGS

The headings included in this Contract are inserted only as a matter of convenience and for reference, and

in no way define, limit or describe the scope of intent of any provision, and shall not be construed to affect,

in any manner, the terms and provisions hereof of the interpretation or construction thereof.

26. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION TERMS

The provisions in this Contract include certain standard terms and conditions required by the U.S.

Department of Transportation (DOT), whether or not expressly set forth. All contractual provisions required

by DOT, as set forth in FTA Circular 4220.1F or any revision thereto, are hereby incorporated by reference.

Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the

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event of a conflict with other provisions contained in the Contract. Contractor shall not perform any act, fail

to perform any act, or refuse to comply with any KCATA requests that would cause KCATA to be in violation

of the FTA terms and conditions. The Contractor agrees to include this clause in all subcontracts at any tier.

It is further agreed that the clause shall not be modified, except to identify the subcontractors who will be

subject to the provision.

27. INDEPENDENT CONTRACTOR

A. The parties agree that the Contractor is an independent contractor under this Contract. Under no

circumstance shall the Contractor be considered an agent, employee or representative of KCATA and

KCATA shall not be liable for any claims, losses, damages, or liabilities of any kind resulting from any

action taken or failed to be taken by the Contractor.

B. The Contractor shall furnish adequate supervision, labor, materials, supplies, and equipment necessary

to perform all the services contemplated under this Contract in an orderly, timely, and efficient manner.

28. INSPECTION OF SERVICES

A. The Contractor shall provide and maintain an inspection system acceptable to the Authority

covering the services provided in the performance of the Contract. “Services” as used in this clause,

includes services performed, quality of the work, and materials furnished or used in the

performance of services.

B. The Contractor shall provide and maintain an inspection system acceptable to the Authority

covering the project. Complete records of all inspection work performed by the Contractor shall be

maintained and made available to the Authority during contract performance and for as long

afterwards and the Contract requires.

C. The Authority has the right to inspect and test all services called for by this Contract to the extent

practicable at all times and places during the term of the Contract. The Authority shall perform

inspection and tests in a manner that will not unduly delay the work.

D. If any of the services performed do not conform to Contract requirements, the Authority may require

the contractor to perform the services again in conformity with Contract requirements for no

additional fee. When the defects in performance cannot be corrected by re-performance, the

Authority may:

1. Require the Contractor to take necessary action to ensure that future performance conforms

to Contract requirements; or

2. Reduce the Contract Sum accordingly.

E. If the Contractor fails to promptly perform the services again or to take the necessary action to

ensure future performance in conformity with contract requirements, the Authority may:

1. By Contract or otherwise, perform the services and charge to the Contractor any cost

incurred by the Authority that is directly related to the performance of the work; or

2. Terminate the Contract for default.

29. INSURANCE

A. The insurance required in this Contract shall be written for not less than any limits of liability required

by law or by those set forth below, whichever is greater, and shall include blanket contractual liability

insurance as applicable to the Contractor’s obligations under the Liability and Indemnification section

below. All policies, except Professional Liability policies, shall name KCATA, its commissioners,

officers, and employees as additional insureds. Explosion, collapse and underground coverage shall

not be excluded. The insurance should be written with companies acceptable to KCATA and the

companies should have a minimum A.M. Best’s insurance rating of A-(VIII). An exception to the

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minimum A.M. Best rating is granted for Workers Compensation exposures insured through the

Builders’ Association of Self Insurance Fund (BASIF) or Missouri Employers’ Mutual Insurance

Company.

B. The Contractor shall be required to furnish to KCATA copies of required insurance policies and

relevant additional insured endorsements of insurance. If copies of the required insurance policies or

endorsements are not available, the Contractor shall be required to furnish certificates of insurance

prior to execution of the Contract, and thereafter furnish copies of the policies and additional insured

endorsements, from time to time, whenever reasonably requested by KCATA. The certificates (with the

exception of Professional Liability and Workers Compensation coverage) shall specifically state that:

1. Contractual liability coverage is applicable; and

2. The Kansas City Area Transportation Authority, its commissioners, officers and employees

are named as additional insureds on the policies covered by the certificate; using this specific wording: Kansas City Area Transportation Authority, its commissioners, officers,

and employees are named as additional insureds as respects general liability and where

required by written contract. Any coverage afforded the certificate holder as an additional

insured shall apply as primary and not excess or contributing to any insurance or self

insurance in the name of the certificate holder, and shall include a waiver of subrogation.

C. Further, from time to time and whenever reasonably requested by KCATA, the Contractor shall

represent and warrant to KCATA (1) the extent to which the insurance limits identified below have

been, or may be, eroded due to paid or pending claims under the policies; and (2) the identity of other

entities or individuals covered as an additional insured on the policies. Further, the Contractor shall

confirm that the insurers’ obligation to pay defense costs under the policies is in addition to, and not

part of the liability limits stated in the policies.

D. All such insurance, with the exception of Professional Liability coverage, shall contain endorsements

that the policies may not be canceled or amended or allowed to lapse by the insurers with respect to

KCATA its commissioners, officers and employers by the insurance company without thirty (30) days

prior notice by certified mail to KCATA in addition to the Named Insured (s) and that denial of coverage

or voiding of the policy for failure of Contractor to comply with its terms shall not affect the interest of

KCATA, its commissioners, officers and employees thereunder.

E. The requirements for insurance coverage are separate and independent of any other provision

hereunder.

1. Worker’s Compensation:

1. State: Missouri and/or Kansas – Statutory

2. Employer’s Liability: Bodily Injury by Accident -- $500,000 Each Accident

Bodily Injury by Disease -- $500,000 Each Employee

Bodily Injury by Disease -- $500,000 Policy Limit

The Contractor and any subcontractor shall maintain adequate workers’ compensation insurance as

required by law to cover all employees during performance of services, or during delivery, installation,

assembly or related services in conjunction with this Agreement.

2. Commercial General Liability:

Bodily Injury and Property Damage to include Products and Completed Operations:

$1,000,000 Each Occurrence

$2,000,000 General Aggregate (per project)

$1,000,000 Personal and Advertising Injury

$50,000 Fire Damage

$5,000 Medical Expenses

2 Years (Completed Operations)

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Contractor shall procure and maintain at all times during the term of the KCATA purchase order or

the Contract commercial general liability insurance for liability arising out of the operations of the

Contractor and any subcontractors. The policy(ies) shall include coverage for the Contractor’s and

subcontractors’ products and completed operations for at least two (2) years following project

completion, or as otherwise noted. The policy(ies) shall name as an additional insured, in

connection with Contractor's activities, the KCATA, its commissioners, officers, and employees.

Using IS0 Form CG 20 10 11 85 (or OCG20 26 0704 in the case of a Blanket Endorsement), or such

other additional insured forms acceptable to KCATA.

The Insurer(s) shall agree that its policy(ies) is primary insurance and that it shall be liable for the

full amount of any loss up to and including the total limit of liability without right of contribution from

any other insurance or self-insurance KCATA may have.

3. Auto Liability:

Bodily Injury and Property Damage: $1,000,000 Combined Single Limit

The policy(ies) shall include automobile liability coverage for all vehicles, licensed or unlicensed, on or

off the KCATA premises, whether the vehicles are owned, hired or non-owned, covering use by or on

behalf of the Contractor and any subcontractors during the performance of work under this Contract.

4. Professional Liability Insurance

Professional Liability Limit: $1,000,000 Each Occurrence

$1,000,000 Annual Aggregate

Where applicable, the Contractor shall obtain professional liability insurance covering any damages

caused by an error, omission or any negligent acts of the Contractor or its employees with regard to

performance under this Agreement.

5. Pollution Liability

Pollution Liability Limit: $1,000,000 Each Occurrence

$1,000,000 Annual Aggregate

Where applicable, the Contractor shall obtain and keep in effect during the term of the Contract,

Pollution Liability Insurance covering their liability for bodily injury, property damage and

environment damage, including clean up and remediation costs arising out of the work or services to

be performed under this contract. Coverage shall apply to the above for premises and operations,

products and completed operations and automobile liability. Automobile liability coverage may be

satisfied by utilizing ISO Endorsement CA 9948 or equivalent.

6. Umbrella or Excess Liability

Umbrella or Excess Liability Limit: $1,000,000 Each Occurrence

$1,000,000 Aggregate (per project)

Where applicable, the Contractor shall obtain and keep in effect during the term of the contract,

Umbrella or Excess Liability Insurance covering their liability over the limit for primary general

liability, automobile liability, and employer’s liability.

30. LAWS AND REGULATIONS

A. The Contractor shall, without additional expense to KCATA, be responsible for obtaining any necessary

licenses and permits, and for complying with all Federal, State, and municipal laws, codes, and

regulations applicable to the performance of the work in this Contract.

B. The Contractor shall comply with all applicable and current rules, regulations and ordinances as set

forth by the Environmental Protection Agency (EPA), the Missouri Department of Natural Resources

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(MDNR), the Kansas Department of Health and Environmental (KDHE), the FTA, the Department of

Transportation (DOT), and the City of Kansas City, Missouri.

31. LIABILITY AND INDEMNIFICATION

A. Contractor’s Liability. Contractor shall be liable for all damages to persons (including employees of

Contractor) or property of any type that may occur as a result of any act or omission by Contractor, any

subcontractors, or sub-subcontractor, their respective agents or anyone directly employed by any of

them or anyone for whose acts any of them may be liable or arising out of any product provided or

services rendered under this Agreement.

B. Subrogation. Contractor, its agents and any subcontractor hereby waive and relinquish any right of

subrogation or claim against KCATA, its commissioners, directors and employees arising out of the use

of KCATA’s premises (including any equipment) by any party in performance of this Agreement.

C. Indemnification.

1. To the fullest extent permitted by law, Contractor agrees to and shall indemnify, defend and

hold harmless KCATA, its Commissioners, officers and employees from and against any and all

claims, losses, damages, causes of action, suits, liens and liability of every kind, (including all

expenses of litigation, expert witness fees, court costs and attorney’s fees whether or not suit be

commenced) by or to any person or entity (collectively the “Liabilities”) arising out of, caused

by, or resulting from the acts or omissions of Contractor, subcontractors, or sub-subcontractors,

their respective agents or anyone directly or indirectly employed by any of them in performing

work under this Contract, and provided such claim is attributable to bodily injury, sickness,

disease or death of any person, or injury to or destruction of property, including consequential

damages, regardless of whether or not such claim, damage, loss or expense is caused in part

by a party indemnified hereunder, so long as such Liabilities are not caused by the sole

negligence or willful misconduct of a party indemnified hereunder. Such obligation shall not

be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity

which would otherwise exist as to a party or person described in this paragraph.

2. In claims against any person or entity indemnified under this section, by an employee or

Contractor, subcontractor or sub-subcontractor or anyone directly or indirectly employed

by any of them, the indemnification obligation shall not be limited by a limitation on the

amount or type of damages, compensation or benefits payable by or for the Contractor,

subcontractor, or sub-subcontractor under worker’s compensation acts, disability benefit

acts or other employee benefit acts. If any action at law or suit in equity is instituted by any

third party against Contractor arising out of or resulting from the acts of Contractor in

performing work under this Contract, Contractor shall promptly notify KCATA of such suit.

3. If any action at law or suit in equity is instituted by any third party against KCATA or its

commissioners, officers or employees arising out of or resulting from the acts of Contractor,

a subcontractor or sub-subcontractor, their respective agents or anyone directly or

indirectly employed by any of them in providing products, equipment or materials, or in

performing work or services under this Contract, and if Contractor has failed to provide

insurance coverage to KCATA against such action as required herein or otherwise refuses to

defend such action, KCATA shall have the right to conduct and control, through counsel of its

choosing, the defense of any third party claim, action or suit, and may compromise or settle

the same, provided that KCATA shall give the Contractor advance notice of any proposed

compromise or settlement.

4. KCATA shall permit Contractor to participate in the defense of any such action or suit

through counsel chosen by the Contractor, provided that the fees and expenses of such

counsel shall be borne by Contractor. If KCATA permits Contractor to undertake, conduct

and control the conduct and settlement of such action or suit, Contractor shall not consent to

any settlement that does not include as an unconditional term thereof the giving of a

complete release from liability with respect to such action or suit to KCATA. Contractor

shall promptly reimburse KCATA for the full amount of any damages, including fees and

expenses of counsel for KCATA, incurred in connection with any such action.

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32. LOBBYING RESTRICTIONS

A. Not used.

B. Not used.

33. NATIONAL INTELLIGENT TRANSPORTATION SYSTEMS ARCHITECTURE AND STANDARDS

Not used.

34. NOTIFICATION AND COMMUNICATION

A. Communications regarding technical issues and activities of the project shall be exchanged with

KCATA’s (Title).

B. Issues regarding the contract document, changes, amendments, etc. are the responsibility of KCATA’s

Procurement Department. All notices and communications on all matters regarding this Contract may

be given by delivery or mailing the same postage prepaid, addressed to the following:

If to KCATA: Etta J. Jackson, Director of Procurement

Kansas City Area Transportation Authority

1350 East 17th Street

Kansas City, MO 64108

If to Contractor:

C. The Contractor shall notify KCATA immediately when a change in ownership has occurred, or is certain

to occur.

D. The addresses to which notices may be made may be changed from time to time by notice mailed as

described above. Any notice given by mail shall be deemed given on the day after that on which it is

deposited in the United States Mail as provided above.

35. OWNERSHIP, IDENTIFICATION, AND CONFIDENTIALITY OF WORK

A. All reports, programs, documentation, designs, drawings, plans, specifications, schedules and other

materials prepared, or in the process of being prepared, for the services to be performed by

Contractor shall be and are the property of KCATA, and shall be identified in an appropriate manner by

a title containing KCATA's name and address.

B. KCATA shall be entitled access to and copies of these materials during the progress of the work.

C. Any such material remaining in the possession of the Contractor or in the possession of a subcontractor

upon completion or termination of the work, and for which KCATA has reimbursed the contractor, shall

be immediately delivered to KCATA. If any materials are lost, damaged or destroyed before final

delivery to KCATA, the Contractor shall replace them at its own expense, and the Contractor assumes

all risks of loss, damage or destruction of or to such materials.

D. The Contractor may retain a copy of all materials produced under this Contract for its own internal use.

E. Any KCATA materials to which the Contractor has access or materials prepared by the Contractor shall

be held in confidence by the Contractor, who shall exercise all reasonable precautions to prevent the

disclosure of confidential information to anyone except the officers, employees and agents of the

Contractor as necessary to accomplish the work set forth in this agreement.

F. Access to or copies of any reports, information, data, etc., available to or prepared or assembled by the

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Contractor under this Contract shall not be made available to any third party by the Contractor without

the prior written consent of KCATA.

G. Each tangible product resulting from work performed under this Contract shall be labeled with

information stating that the project has been financed with Federal assistance provided by the U.S.

Department of Transportation, Federal Transit Administration.

36. PATENTS AND RIGHTS IN DATA AND COPYRIGHTS

A. Rights in Data

1. Not used.

2. Not used

B. Patent Rights.

Not used.

37. PRE-AWARD AND POST-DELIVERY REQUIREMENTS

The Contractor agrees to comply with 49 U.S.C. § 5323(m) and FTA's implementing regulation at 49 C.F.R.

Part 663 and to submit the following certifications:

A. Buy America Requirements.

Not Used

B. Federal Motor Vehicle Safety Standards (FMVSS).

Not used.

38. PRIVACY ACT REQUIREMENTS

A. The Contractor agrees to comply with, and assures the compliance of its employees and subcontractors

with the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. §

552. Among other things, the Contractor agrees to obtain the express consent of the KCATA and/or the

Federal Government before the Contractor or its employees operate a system of records on behalf of

the KCATA or Federal Government.

B. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal

penalties for violation of that Act, apply to all individuals involved, and that failure to comply with the

terms of the Privacy Act may result in termination of the underlying Agreement.

C. The Contractor agrees that strict privacy will be maintained in the collection, storage, use, transfer,

access to and/or security of personnel information. Contractor agrees to protect such information, and

to limit the use of the information to that required by the contract.

39. PROHIBITED INTERESTS

A. No board member, officer, employee or agent of KCATA or of a local public body who has participated

or will participate in the selection, award, or administration of this Contract, nor any member of his or

her immediate family, business partner or any organization which employs, or intends to employ any of

the above during such period, shall have any interest, direct or indirect, in this Contract or the

proceeds thereof, to any share or part of this Contract, or to any benefit arising there from. This shall

not be construed to prevent any such person from owning stock in a publicly owned corporation.

B. No member of, or delegates to, the Congress of the United States shall be admitted to any share or part

of the Contract, or to any benefit arising there from. This shall not be construed to prevent any such

person from owning stock in a publicly-owned corporation.

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40. PROHIBITED WEAPONS AND MATERIALS

A. Missouri Revised Statutes, Section 571.107 (R.S.Mo. §571.107) allows government units and businesses

to prohibit persons holding a concealed carry endorsement from carrying concealed firearms on its

premises. Accordingly, KCATA has adopted the following rules prohibiting weapons, whether

concealed or not, and whether or not the individual carrying the weapon has an endorsement or permit

to carry.

B. No weapon, including firearms concealed or not, or other instrument intended for use as a weapon, or

any object capable of inflicting serious bodily injury upon another person or property may be carried

in or on any facility or property of KCATA, including vehicles of contractors parked on KCATA property

or leased facilities, or vehicles used in transporting KCATA customers, even if a person has a permit to

carry a concealed weapon, unless authorized in writing to do so by KCATA. For the purposes hereof, a

weapon shall include, but not be limited to, a firearm, knife, sword, or any instrument of any kind

known as blackjack, billy club, club, sandbag and metal knuckles.

C. No explosives, flammable liquids, acids, fireworks, other highly combustible materials, radioactive

materials or biochemical materials may be carried on or in any KCATA property, facility or vehicle,

including vehicles of contractors parked on KCATA property or leased facilities, or vehicles used in

transporting any KCATA customer, except as authorized in writing by KCATA.

D. Any contractor, subcontractor, employee or agent thereof, who has a firearm or other weapon,

including those used for recreational purposes, in his/her possession, including on his/her person, in a

vehicle on an ATA facility, in a vehicle carrying KCATA customers, or accessible such as in first aid kits,

toolboxes, purses, lunch or carrying bags, etc., at any time while performing KCATA contracted

services or on KCATA property, including parking lots, concealed or not, shall be immediately

prohibited from performing any further KCATA work, even if the person has a permit to carry a

concealed weapon.

E. Any KCATA contractor, subcontractor, employee or agent thereof, while performing KCATA contracted

services or on any KCATA property or facilities, who has in his/her possession, carries, transports,

displays, uses, flourishes, or threatens another person with a weapon, radioactive material, biochemical

material or other dangerous weapon, object or material, which has the capability of inflicting bodily

injury, shall be immediately prohibited from performing any further KCATA work.

41. QUALIFICATION REQUIREMENTS

Qualification Requirement, as used in this clause, means a KCATA requirement for testing or other quality

assurance demonstration that must have been completed before award. One or more qualification

requirements apply to the supplies or services covered by this Contract, whether the covered product or

service is an end item under this agreement or simply a component of an end item. The product or service

must be qualified at the time of award of this Contract, whether the Contractor or a subcontractor will

ultimately provide the product or service in question. If, after award, KCATA discovers that an applicable

qualification requirement was not in fact met at the time of award, KCATA may either terminate this Contract

for default or allow performance to continue if adequate consideration is offered and KCATA determines the

action is otherwise in KCATA's best interest.

42. RECORD RETENTION AND ACCESS

A. The Contractor agrees that, during the course of this agreement and any extensions thereof, and for

three years thereafter, it will maintain intact and readily accessible all data, documents, reports,

records, contracts, and supporting materials relating to this Contract. In the event of litigation or

settlement of claims arising from the performance of this Contract, the Contractor agrees to maintain

same until such litigation, appeals, claims or exceptions related thereto have been disposed of.

B. The Contractor shall permit KCATA, the Secretary of Transportation, the Comptroller General of the

United States, and, as applicable, the City of Kansas City, Missouri, to inspect all work, materials,

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construction sites, payrolls, and other data and records, and to audit the books, records, and accounts

of the Contractor relating to its performance under this Contract.

C. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or

to copy excerpts and transcriptions as reasonably needed.

43. REQUESTS FOR PAYMENT

A. Invoices requesting payment shall be submitted directly to KCATA’s Procurement Department. All

invoices shall be numbered, dated and submitted in duplicate, and contain full descriptive information

of materials or services furnished. All invoices and correspondence shall reference KCATA’s Contract

number. Separate invoices shall be submitted for each purchase order or work (task) order.

B. Payment by KCATA will be made within the later of 1) 30 days after receipt of a proper invoice, or 2) 30

days after KCATA’s acceptance of supplies delivered or services performed by the Contractor. On a

final invoice where the payment amount is subject to contract settlement actions, acceptance shall be

deemed to have occurred on the effective date of the contract settlement.

C. All final invoices shall be submitted to KCATA within 90 days of project completion or contract

termination. Invoices submitted more than 90 days after project completion or contract termination will

not be valid and will not be paid.

D. Subcontractor Payments

1. Prompt payment. The contractor shall establish procedures to ensure timely payment of

amounts due pursuant to the terms of its subcontracts. The Contractor shall pay each DBE and

non-DBE subcontractor for satisfactory performance of its contract, or any billable portion

thereof, in accordance with the timing set forth in any applicable laws or no later than 30 days,

whichever is less, from the date of the Contractor’s receipt of payment from the Authority for

work by that subcontractor.

2. Prompt Return of Retainage. If retainage is withheld from subcontractors, the Contractor is

required to return any retainage payment to its DBE and non-DBE subcontractors in accordance

with the timing set forth in any applicable laws or no later than 30 days, whichever is less, from

the date of receipt of the retainage payment from the Authority related to the subcontractors

work. Any delay or postponement of payment from said time frame may occur only for good

cause following written approval from KCATA.

3. The Contractor shall certify on each payment request to the Authority that payment has been or

will be made to all subcontractors. Lien waivers may be required for the Contractor and its

subcontractors. The Contractor shall notify KCATA on or before each payment request, of any

situation in which scheduled subcontractor payments have not been made.

4. If a subcontractor alleges that the Contractor has failed to comply with this provision, the

Contractor agrees to support any Authority investigation, and if deemed appropriate by the

Authority, to consent to remedial measures to ensure that subcontractors are properly paid as

set forth herein.

5. The Contractor agrees that the Authority may provide appropriate information to interested

subcontractors who inquire about the status of Authority payments to the Contractor.

6. Nothing in this provision is intended to create a contractual obligation between the Authority

and any subcontractor or to alter or affect traditional concepts of privity of contract between all

parties.

44. RIGHT TO OFFSET

KCATA, without waiver or limitation of any rights, may deduct from any amounts due Contractor in

connection with this Contract, or any other contract between Contractor and KCATA, any amounts owed

by Contractor to KCATA, including amounts owed by Contractor pursuant to Contractor’s obligation to

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indemnify KCATA against third party claims arising out of Contractor’s performance of work under this

Contract.

45. SEAT BELT USE POLICY

The Contractor agrees to comply with terms of Executive Order No. 13043 “Increasing Seat Belt Use in the

United States” and is encouraged to include those requirements in each subcontract awarded for work

relating to this Contract.

46. SEISMIC SAFETY

Not used.

47. SERVICE MANUAL AND WIRING SCHEMATIC

If specified, the Contractor will provide at least one (1) copy of a service manual and at least one (1) copy of

wiring schematics for individual components and other schematics and drawings as may be applicable.

48. SEVERABILITY

If any clause or provision of this Contract is held to be invalid illegal or otherwise unenforceable by a court

of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect.

49. SUBCONTRACTORS

A. Subcontractor Approval. None of the work or services covered by this Contract shall be

subcontracted without the prior written approval of KCATA. The only subcontractors approved for this

Contract, if any, are listed in an appendix to this Contract. Any substitutions or additions of

subcontractors must have the prior written approval of KCATA as set forth herein.

B. DBE Subcontractor Employment. See Disadvantaged Business Enterprise Provisions.

C. Subcontractor Payments. See Requests for Payment Provisions.

D. Adequate Provision(s) in Subcontract(s). Any subcontracts related to this Contract must contain

adequate provisions to define a sound and complete agreement. In addition, all subcontracts shall

contain contractual provisions or conditions that allow for:

1. Administrative, contractual, or legal remedies in instances where subcontractors violate or

breach contract terms, including sanctions and penalties as may be appropriate.

2. Termination for cause and for convenience including the manner by which it will be effected

and the basis for settlement.

3. The following provisions if included in this Contract:

Buy America

Cargo Preference

Civil Rights

Clean Air

Clean Water

Debarment and Suspension

DBE Requirements

Disclaimer of Federal Government Obligations or Liability

Employee Eligibility Verification

Employee Protections (Contract Work Hours & Safety Standards Act)

Employee Protections (Davis Bacon, Copeland Anti-Kickback Acts)

Energy Conservation

Federal Changes

Fly America

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Fraud and False or Fraudulent Statements or Related Acts

Incorporation of FTA Terms

Lobbying Restrictions

National Intelligent Transportation Systems Architecture & Standards

Ownership, Identification, and Confidentiality of Work

Patents and Rights in Data and Copyrights

Privacy Act Requirements

Prohibited Weapons and Materials

Record Retention and Access

Recovered Materials

Seismic Safety

D. The Contractor will take such action with respect to any subcontractor or procurements as KCATA or

the U.S. Department of Transportation may direct as means of enforcing such provisions.

50. SUSPENSION OF WORK

KCATA may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work

under this agreement for the period of time that KCATA determines appropriate for the convenience of

KCATA.

51. TERMINATION

A. Termination for Convenience. The KCATA may terminate this Contract, in whole or in part, at any

time by written notice to the Contractor when it is in KCATA’s best interest. The Contractor will only be

paid the Contract price for supplies delivered and accepted, or services performed in accordance with

the manner of performance set forth in the Contract.

B. Funding Contingency. If this Contract is subject to financial assistance provided by the U.S.

Department of Transportation, the Contractor agrees that withdrawal or termination of such financial

assistance by the U.S. DOT may require KCATA to terminate the agreement.

C. Termination for Default.

1. If the Contractor does not deliver supplies in accordance with the contract delivery schedule,

or if the Contract is for services, and the Contractor fails to perform in the manner called for in

the Contract, or if the Contractor fails to comply with any other provisions of the Contract,

KCATA may terminate this Contract for default. Termination shall be effected by serving a

notice of termination on the Contractor setting forth the manner in which the Contractor is in

default. The Contractor will only be paid the contract price for supplies delivered and

accepted, or services performed in accordance with the manner of performance set forth in the

Contract.

2. If the termination is for failure of the Contractor to fulfill the contract obligations, KCATA may

complete the work by contract or otherwise and the Contractor shall be liable for any

additional cost incurred by KCATA. If, after termination for failure to fulfill contract obligations,

it is determined that the Contractor was not in default, KCATA, after setting up a new delivery

or performance schedule, may allow the Contractor to continue work, or treat the termination

as a termination for convenience.

D. Opportunity to Cure. KCATA in its sole discretion may, in the case of a termination for breach or

default, allow the Contractor an appropriately short period of time in which to cure the defect. In such

case, the written notice of termination will state the time period in which cure is permitted and other

appropriate conditions. If Contractor fails to remedy to KCATA’s satisfaction the breach or default of

any of the terms, covenants, or conditions of this Contract within the time period permitted, KCATA

shall have the right to terminate the Contract without any further obligation to Contractor. Any such

termination for default shall not in any way operate to preclude KCATA from also pursuing all available

remedies against Contractor and its sureties for said breach or default.

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E. Waiver of Remedies for any Breach. In the event that KCATA elects to waive its remedies for any

breach by Contractor of any covenant, term or condition of this Agreement, such waiver by KCATA

shall not limit KCATA’s remedies for any succeeding breach of that or of any other term, covenant, or

condition of this Agreement.

F. Property of KCATA. Upon termination of the Contract for any reason, and if the Contractor has any

property in its possession belonging to KCATA, the Contractor shall protect and preserve the property,

account for the same, and dispose of it in the manner KCATA directs. Upon termination of the Contract

for any reason, the Contractor shall (1) immediately discontinue all services affected (unless the notice

directs otherwise), and (2) deliver to KCATA’s Project Manager all data, drawings, specifications,

reports, estimates, summaries, and other information and materials accumulated in performing this

Contract, whether completed or in process.

52. TEXTING WHILE DRIVING AND DISTRACTED DRIVING

Consistent with Executive Order No. 13513, “Federal Leadership on Reducing Text Messaging While

Driving,” October 1, 2009, 23 U.S.C. Section 402 note, and DOT Order 3902.10, “Text Messaging While

Driving,” December 30, 2009, the Contractor agrees to promote policies and initiatives for its employees

and other personnel that adopt and promote safety policies to decrease crashes by distracted drivers,

including policies to ban text messaging while driving, and to encourage each subcontractor to do the

same.

53. UNAVOIDABLE DELAYS

A. A delay is unavoidable only if the delay was not reasonably expected to occur in connection with or

during the Contractor’s performance, and was not caused directly or substantially by acts, omissions,

negligence, or mistakes of the Contractor, the Contractor’s suppliers, or their agents, and was

substantial and in fact caused the Contractor to miss delivery or performance dates, and could not

adequately have been guarded against by contractual or legal means.

B. Notification of Delays. The Contractor shall notify the Director of Procurement as soon as the

Contractor has, or should have, knowledge that an event has occurred which will cause an unavoidable

delay. Within five (5) days, the Contractor shall confirm such notice in writing furnishing as much as

detail as is available.

C. Request for Extension. The Contractor agrees to supply, as soon as such data is available, any

reasonable proof that is required by the Director of Procurement to make a decision on any request for

extension. The Director of Procurement shall examine the request and any documents supplied by the

Contractor and shall determine if the Contractor is entitled to an extension and the duration of such

extension. The Director of Procurement shall notify the Contractor of its decision in writing.

D. It is expressly understood and agreed that the Contractor shall not be entitled to damages or

compensation, and shall not be reimbursed for losses on account of delays resulting from any cause

under this provision.

54. U.S. PRODUCT AND SERVICE PREFERENCE

A. Buy America.

1. Not used.

2. Not used.

B. Cargo Preference.

1. Not used.

2. Not used.

3. Not used.

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C. Fly America.

Not used.

55. WARRANTY; WARRANTY OF TITLE

A. The Contractor agrees that equipment, materials or services furnished under this Agreement, shall be

covered by the most favorable warranties the Contractor gives to any customer of such equipment,

materials or services and that the rights and remedies provided herein are in addition to and do not

limit any rights afforded to KCATA by any other clause in this Contract.

B. The Contractor warrants to KCATA, that all products, equipment and materials furnished under this

Contract will be of highest quality and new unless otherwise specified by KCATA, free from faults

and defects and in conformance with the Contract. All work not so conforming to these standards

shall be considered defective. If required by KCATA, the Contractor shall furnish satisfactory

evidence as to the kind and quality of products, equipment and materials. Further, at a minimum, all

such products, equipment or materials must be free of defects in workmanship or materials,

merchantable, comply with all applicable specifications and laws and be suitable for its intended

purposes. The workmanship must be the best obtainable in the various trades.

C. Upon final acceptance by KCATA of all work to be performed by the Contractor, KCATA shall so notify

the Contractor in writing. The date of final acceptance shall commence the warranty period.

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SECTION 5

DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS

This project is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by

Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. Failure by

the Contractor to carry out these requirements is a material breach of the resulting contract, which may result in

the termination of the contract or such other remedy as KCATA deems appropriate.

1. Non-discrimination. This contractor shall not discriminate on the basis of race, color national origin, or

sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR

Part 26 in the award and administration of this DOT-assisted contract. Failure by the Contractor to carry out

these requirements is a material breach of the Contract, which may result in the termination of the Contract

or such other remedy as KCATA deems appropriate. Each subcontract the Contractor signs with a

subcontractor must include the assurance in this paragraph. See 49 CFR 26.13(b).

2. DBE Certification. KCATA will only recognize firms that are certified as DBE’s under the DOT guidelines

found in 49 CFR Part 26. DBE subcontractors must be certified as a DBE by a member of the Missouri

Regional Certification Committee, which includes KCMO, MoDOT, City of St. Louis, Metro in St. Louis or

KCATA. A list of certified firms may be found at www.modot.mo.gov/ecr/index.htm. MBE and WBE

certifications for other agencies will not be considered.

3. DBE Participation Credit. DBE firms may participate as Prime Contractors, Subcontractors or Suppliers.

The following shall be credited towards achieving the goals, except as provided herein:

A. The total contract dollar amount that a qualified DBE Prime Contractor earns for that portion of work on

the contract that is performed by its own workforce, is performed in a category in which the DBE is

currently certified, and is a commercially useful function as defined by the Program.

B. The total contract dollar amount that a Prime Contractor has paid or is obligated to pay to a

subcontractor that is a qualified DBE; and

C. Subcontractor participation with a lower tier DBE subcontractor; and

D. Sixty percent (60%) of the total dollar amount paid or to be paid by a Prime Contractor to obtain

supplies or goods from a supplier who is not a manufacturer and who is a qualified DBE. If the DBE is a

manufacturer of the supplies, then one hundred percent (100%) may be credited, to be determined on

a case-by-case basis.

E. NO CREDIT, however, will be given for the following:

1. Participation in a contract by a DBE that does not perform a commercially useful function as defined

by the Program; and

2. Any portion of the value of the contract that a DBE Subcontractor subcontracts back to the prime

contractor or any other contractor who is not a qualified DBE; and

a. Materials and supplies used on the contract unless the DBE is responsible for negotiating the

price, determining quality and quantity, ordering the materials and installing (where

applicable) and paying for material itself; and

b. Work performed by a DBE in a scope of work other than that in which the DBE is currently

certified.

4. Documents Due With Bid Closing:

A. Letter of Intent to Subcontract. To be completed for each DBE firm on the project and signed by both

the Prime and the DBE.

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B. Contractor Utilization Plan/Request for Waiver. This is a commitment that the Prime understands the

DBE participation required on the project. In the event the Prime is not making a commitment to meet

or exceed the established goal on the project, they must request a waiver and provide documentation

that good faith efforts were expended to try to meet the goal. Good faith efforts are efforts that, given

all relevant circumstances, a Proposer actively and aggressively seeking to meet the goals can

reasonably be expected to make.

Failure to meet the contracted DBE participation commitment without documented evidence of good

faith efforts may result in termination of the contract.

In evaluating good faith efforts, KCATA will consider whether the Proposer has performed the

following, along with any other relevant factors:

1. Advertised opportunities to participate in the contract in general circulation media, trade and

professional association publications, small and minority business media, and publications of minority

and women’s business organizations in sufficient time to allow DBE firms to participate effectively.

2. Provided notice to a reasonable number of minority and women’s business organizations of specific

opportunities to participate in the contract in sufficient time to allow DBE firms to participate

effectively.

3. Sent written notices, by certified mail or facsimile, to qualified DBEs soliciting their participation in the

contract in sufficient time to allow them to participate effectively.

4. Attempted to identify portions of the work for qualified DBE participation in order to increase the

likelihood of meeting the goals, including breaking down contracts into economically feasible units. A

Bidder should send letters by certified mail or facsimile to those DBE contractors identified by the

MRCC listed in those categories, which are in those subcontractors’ scope of work. The portion of

work for which a proposal from a DBE is being solicited shall be as specific as possible. Letters which

are general are not acceptable.

5. Requested assistance in achieving the goals from KCATA’s DBE Officer and acted on KCATA’s

recommendations.

6. Conferred with qualified DBEs and explained the scope and requirements of the work for which their

bids or proposals were solicited.

7. Attempted to negotiate in good faith with qualified DBEs to perform specific subcontracts; not rejecting

them as unqualified without sound reasons based on a thorough investigation of their capabilities.

Documentation of good faith negotiations with DBEs from whom proposals were received in an effort to

reach a mutually acceptable price should include:

a. Names, addresses and telephone numbers of DBEs that were contacted and date of

contact;

b. The information provided to DBEs regarding the plans and specifications for portions of

the work to be performed by them;

c. The reasons no agreement was reached with any DBE, including the basis for any Bid

rejection (i.e., availability, price, qualifications or other);

d. Descriptions of attempts to provide technical assistance to DBEs to obtain necessary

insurance and/or to obtain necessary supplies at the best prices available.

5. Documents Due After Award:

A. KCATA reserves the right to review the Contractor’s written agreement with its subcontractors to

confirm that required federal contract clauses are included. KCATA may perform random audits and

contact minority subcontractors to confirm the reported participation.

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B. Subcontractor Monthly Utilization Report. Contractors will be required to submit this report with each

pay application to KCATA. This report will include payments to ALL subcontractors – DBE and non-

DBE. KCATA may require lien waivers from all subcontractors before reimbursement is made to the

Contractor. KCATA may perform random audits and contact minority subcontractors to confirm the

reported participation. Failure to meet the contracted goal without documented evidence of good faith

effort may result in the termination of the contract.

C. Request for Modification, Replacement or Termination of Disadvantaged Business Enterprise (DBE)

Project Participation. Contractor is responsible for meeting or exceeding the DBE commitment

amounts listed on the Schedule of Participation by Contractor and Subcontractors form submitted as part

of Contractor’s Bid Documents and as amended by any previously approved Request for

Modification/Substitution. Any Change Orders or amendment modifying the amount Contractor is to

be compensated will impact the amount of compensation due to DBEs for purposes of meeting or

exceeding the Bidder/Proposer commitment. Contractor shall consider the effect of a Change Order

or amendment and submit a Request for Modification/Substitution if the DBE commitment changes.

1. Termination Only for Cause. Once the contract has been awarded, Contractor may not terminate

a DBE subcontractor without KCATA’s prior written consent. This includes, but is not limited to,

instances in which a Contractor seeks to perform work originally designated for a DBE

subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm.

2. Good Cause. Good cause includes the following circumstances:

a. The listed DBE subcontractor fails or refuses to execute a written contract; or

b. The listed DBE subcontractor fails or refuses to perform the work of its normal industry

standards. Provided, however, that the good cause does not exist if the failure or refusal of the

DBE subcontractor to perform its work on the subcontract results from the bad faith or

discriminatory action of the Prime Contractor; or

c. The listed DBE subcontractor fails or refuses to meet the Prime Contractor’s reasonable,

nondiscriminatory bond requirements; or

d. The listed DBE subcontractor becomes bankrupt, insolvent, or exhibits credit unworthiness; or

e. The listed DBE subcontractor is ineligible to work on public works projects because of

suspension and debarment proceedings pursuant to 2 CFR Parts 180, 215 and 1200 or

applicable state law; or

f. The DBE subcontractor is not a responsible contractor; or

g. The listed DBE subcontractor voluntarily withdraws from the project and provides the Prime

Contractor written notice of its withdrawal;

h. The listed DBE is ineligible to receive DBE credit for the type of work required;

i. A DBE owner dies or becomes disabled with the result that the listed DBE contractor is unable

to complete its work on the contract;

j. Other documented good cause that compels KCATA to terminate the DBE subcontractor.

Provided the good cause does not exist if the Prime contractor seeks to terminate a DBE it

relied upon to obtain the contract so that the Prime Contractor can self-perform the work for

which the DBE contractor was engaged or so that the Prime Contractor can substitute another

DBE or non-DBE contractor.

3. Before submitting its request to terminate or substitute a DBE subcontractor, the Prime Contractor

must give notice in writing to the DBE subcontractor, with a copy to KCATA, of its intent to request

to terminate and/or substitute, and the reason for the request.

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4. The Prime Contractor must give the DBE five days to respond to the Prime Contractor’s notice and

advise the KCATA and the Contractor of the reasons, if any, why it objects to the proposed

termination of its subcontract and why KCATA should not approve the Prime Contractor’s action.

If required in a particular case as a matter of public necessity (e.g., safety), the response period

may be shortened.

D. DBE Job-Site Review Commercially Useful Function (CUF) Determination. KCATA will be conducting

on-site interviews with all DBE contractors. The number of interviews will be based on the DBE’s

projected scope of work. KCATA staff will work closely with the Prime Contractor on the project

schedule to determine when DBE subcontractors will be on the project.

For questions concerning KCATA’s DBE Program or Vendor Registration/Affirmative Action Requirements please

contact us.

Denise Bradshaw KCATA’s Procurement Department

Contracting/Supplier Diversity Coordinator 1350 East 17th Street

Kansas City, MO 64108 Kansas City, MO 64108

(816) 346-0224 telephone (816) 346-0254 telephone

(816) 346-0336 facsimile (816) 346-0336 facsimile

[email protected] [email protected]

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LETTER OF INTENT TO SUBCONTRACT

(To be Completed for Each DBE Subcontractor on Project)

Project Number

Project Title

______________________________________ (“Prime Contractor”) agrees to enter into a contractual

agreement with ________________________________________ (“DBE Subcontractor”), who will

provide the following goods/services in connection with the above-referenced contract:

(Insert a brief narrative describing the goods/services to be provided. Broad categorizations (e.g.,

“electrical,” “plumbing,” etc.) or the listing of the NAICS Codes in which DBE Subcontractor is certified are

insufficient and may result in this Letter of Intent to Subcontract not being accepted.)

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________,

for an estimated amount of $__________________ or ___________% of the total estimated contract value.

DBE Subcontractor is currently certified with the Missouri Regional Certification Committee (MRCC) to perform

in the capacities indicated herein. Prime Contractor agrees to utilize DBE Subcontractor in the capacities

indicated herein, and DBE Subcontractor agrees to work on the above-referenced contract in the capacities

indicated herein, contingent upon award of the contract to Prime Contractor.

_________________________________________ ________________________________________

Signature: Prime Contractor Signature: DBE Subcontractor

_________________________________________ ________________________________________

Print Name Print Name

_________________________________________ ________________________________________

Title Date Title Date

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CONTRACTOR UTILIZATION PLAN/REQUEST FOR WAIVER

Project Number _________________ Project Title ________________________________________

Prime Contractor ________________________________________________________________________

STATE OF ____________________ )

) SS

COUNTY OF __________________ )

I, _______________________________, of lawful age and upon my oath state as follows:

1. This Affidavit is made for the purpose of complying with the provisions of the Disadvantaged Business Enterprise

(DBE) submittal requirements on the above project and the DBE Program and is given on behalf of the

Bidder/Proposer listed below. It sets out the Bidder/Proposer’s commitment to utilize DBE contractors on the

project.

2. The project goal for DBE Participation is __________ %. Bidder/Proposer assures that it will utilize a minimum

of the following percentages of DBE participation in the above project:

BIDDER/PROPOSER DBE PARTICIPATION COMMITMENT: ________%

3. The following are the DBE subcontractors whose utilization Bidder/Proposer warrants will meet or exceed the

above-listed Bidder/Proposer Participation. Bidder/Proposer warrants that it will utilize the DBE

subcontractors to provide the goods/services described in the applicable Letter(s) of Intent to Subcontract, (copies of which shall collectively be deemed incorporated herein). All firms must currently be certified

with the Missouri Regional Certification Committee (MRCC) under 49 CFR Part 26. List additional DBEs, if

any, on an additional page and attach to this form.

a. Name of DBE Firm __________________________________________ % of Work __________

Address ______________________________________________________________________

Telephone No. _________________________________________________________________

Taxpayer ID No. _______________________________________________________________

b. Name of DBE Firm __________________________________________ % of Work __________

Address ______________________________________________________________________

Telephone No. _________________________________________________________________

Taxpayer ID No. _______________________________________________________________

c. Name of DBE Firm __________________________________________ % of Work __________

Address ______________________________________________________________________

Telephone No. _________________________________________________________________

Taxpayer ID No. _______________________________________________________________

TOTAL DBE $ AMOUNT ON PROJECT: $____________

TOTAL DBE % COMMITTED TO PROJECT: ____________ %

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4. Bidder/Proposer acknowledges that the monetary amount to be paid each listed DBE for their work, and

which is approved herein, is an amount corresponding to the percentage of the total contract amount allocable to each listed DBE as calculated in the Schedule of Participation by Contractor and

Subcontractors form. Bidder/Proposer further acknowledges that this amount may be higher than the

subcontract amount listed therein as change orders and/or amendments changing the total contract amount

may correspondingly increase the amount of compensation due a DBE for purposes of meeting or exceeding

the Bidder/Proposer participation commitment.

5. Bidder/Proposer acknowledges that it is responsible for considering the effect that any change orders and/or

amendments changing the total contract amount may have on its ability to meet or exceed the

Bidder/Proposer participation. Bidder/Proposer further acknowledges that it is responsible for submitting a Request for Modification or Substitution form if it will be unable to meet or exceed the Bidder/Proposer

participation set forth herein.

6. If Bidder/Proposer has not achieved the DBE commitment set for this Project, Bidder/Proposer hereby

requests a waiver of the DBE commitment that Bidder/Proposer has failed to achieve.

7. Bidder/Proposer will present documentation of its good faith efforts, a narrative summary detailing its efforts

and the reasons its efforts were unsuccessful when requested by KCATA.

8. I hereby certify that I am authorized to sign this Affidavit on behalf of the Bidder/Proposer named below and

who shall abide by the terms set forth herein:

Bidder/Proposer Primary Contact: __________________________________________________________

Address: _______________________________________________________________________________

_______________________________________________________________________________

Phone Number: ______________________________ Facsimile number: ____________________________

E-mail Address: ________________________________________________________________________ ___

By __________________________________________

(Signature)

Title _________________________________________

Date _________________________________________

(Attach corporate seal if applicable)

NOTARY:

Subscribed and sworn to before me this ______ day of ___________________, 20__.

My Commission Expires: __________________

_______________________________

Notary Public (Seal)

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REQUEST FOR MODIFICATION, REPLACEMENT OR TERMINATION

OF DISADVANTAGED BUSINESS ENTERPRISE (DBE)

PROJECT PARTICIPATION

This form must be submitted to request substitutions for a DBE listed in the Schedule of Participation By Contractor and

Subcontractors form submitted as part of Contractor’s Bid Documents as amended by any Change Orders or previously

approved Requests for Modification/Substitution. This executed document shall be an amendment to the Contractor’s

DBE utilization plan.

CONTRACTOR ___________________________________________________________________________

ADDRESS _______________________________________________________________________________

PROJECT NUMBER AND NAME ____________________________________________________________

1. As the duly authorized representative of the above Contractor, I am authorized to request this substitution or

modification on behalf of the Contractor and hereby request that the Kansas City Area Transportation Authority

(KCATA) recommend or approve:

______ SUBSTITUTION OF DBE FIRM

Name of Current DBE Firm To Be Removed _______________________________________________

Scope of Work _______________________________________________________________________

Contracted Amount $________________ Amount of Work Completed To Date $_____________

Name of Proposed DBE Firm ___________________________________________________________

Scope of Work _______________________________________________________________________

Amount of Proposed Work $_________________ Date Scheduled To Begin Work _______________

______ MODIFICATION OF THE AMOUNT OF WORK BY DBE FIRM

Name of DBE Firm ___________________________________________________________________

Current % of Contract Commitment __________ Changed % of Contract Commitment __________

2. This Substitution/Modification is necessary because (check all applicable)

_____ The DBE Subcontractor failed or refuses to execute a written contract.

_____ The DBE Subcontractor failed or refuses to perform the work of its normal industry standards without

good cause and that failure or refusal of the DBE is not a result of bad faith or discriminatory action of the

Contractor.

_____ The DBE Subcontractor failed or refuses to comply with reasonable, non-discriminatory bonding

requirements.

_____ The DBE Subcontractor has become bankrupt, insolvent, or exhibits credit unworthiness (supporting

documentation is attached).

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_____ The DBE Subcontractor has committed a material default or breach of its contract.

_____ The DBE Subcontractor has voluntarily withdrawn from the project (DBE’s written notice of withdrawal is

attached).

_____ The DBE owner has died or has become disabled and is unable to complete its work on this Project.

_____ A Change Order and/or Amendment of the Project was issued that modifies the amount Contractor is to

be compensated and correspondingly impacts the amount of compensation due to the DBE

Subcontractor.

3. I affirm that written notice has been given to the DBE Subcontractor of Contractor’s intent to request a substitution

or modification (copy attached) and the DBE Subcontractor has been given five (5) business days to respond to

the notice (a copy of DBE firm’s response is attached).

EXCEPTION: If required in a particular case as a matter of public necessity (e.g., safety) the response period may be

shortened.

4. The following is a narrative summary of Contractor’s good faith efforts (as listed in Part A of the City’s Bid

Documents) exhausted in attempts to substitute the DBE firm named above with other qualified, certified DBE

firms for the listed scope of work or any other scope of work on the project. Supporting documentation is

attached.

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

5. Contractor hereby affirms that it has not intentionally attempted to evade the requirements of the Contract or the

DBE Program and it is in KCATA’s best interest to approve this Request for Substitution or Modification.

Additional documentation will be presented when requested by KCATA in order to make its determination.

Submitted By: Approved By:

________________________________________ ___________________________________________

Contractor’s Authorized Representative KCATA’s Authorized Representative

________________________________________ ___________________________________________

Title Title

________________________________________ ___________________________________________

Date Date

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KANSAS CITY AREA TRANSPORTATION AUTHORITY

SUBCONTRACTOR MONTHLY UTILIZATION REPORT

Report Date: Project Number: Project Name:

Project Address: Contract Award Date:

Contract Start Date: Total Contract Days:

Prime Contractor

Name:

Contact Person/Phone: Email Address:

Prime Contractor

Address:

Total

Contract

Amount:

Project DBE Goal

(%)

Contractor's DBE Commitment On Project (%):

PAYMENTS TO SUBCONTRACTORS (INCLUDE DBE & NON-DBE SUBCONTRACTORS)

Subcontractor Name DBE? Date of

Subcontract

Estimated Subcontract

Amount % of Total Amount Paid Retainage Amt. Total Amount % of Contract

Yes/No Start Date Contract This Period Withheld Paid To Date Paid To Date

TOTALS FOR THIS REPORTING PERIOD:

Comments:

Report Submitted By:

______________________________________________

Dated Submitted: __________________________________________

Report is to be submitted with each pay application REMINDER: Contractor is responsible for meeting or exceeding the DBE commitment amounts listed

on the Schedule of Participation by Contractor and Subcontractors form submitted as part of

Contractor's Bid Documents and as amended by any previously approved Request for

Modification/Substitution. Any Change Orders or amendments modifying the amount Contractor is to be

compensated will have correspondingly impacted the amount of compensation due to DBEs for purposes

of meeting or exceeding the Bidder/Proposer commitment. Contractor shall consider the effect of a

Change Order or amendment and submit a Request for Modification/Substitution form if appropriate.

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ATTACHMENT A

BID CHECKLIST FORM

Listed below are all documents that are required to be submitted as part of a response to this Invitation for Bid (IFB).

Contractor’s Reference Form (Attachment B)

Bid Response Forms (Attachment C)

Schedule of Participation by Contractor and Subcontractors (Attachment D)

Vendor Registration Form (Attachment E)

Work Force Analysis Report Form (Attachment F-2; unless already on file with KCATA) Include this Report for

each Subcontractor.

Affidavit of Primary Participants Regarding Employee Eligibility Verification (Primary and Lower-Tier) Form

(Attachment G). Include Attachment G-2 if using Subcontractors.

Certification of Debarment (Primary and Lower-Tier) Form (Attachment H) Include Attachment H-2 if using

Subcontractors

Receipt of Addenda Form (if issued)

Audited Financial Statements for Past Two Years (upon request)

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ATTACHMENT B

REFERENCES FORM

Work accomplished by Contractor which best illustrates current qualifications relevant to this project:

1. Job Description

Contract Amount

Time to Complete Job

Owner and Location

Contact Name and Telephone No.

Email Address __________________________________________________ Contract Date ________ to __________

2. Job Description

Contract Amount

Time to Complete Job

Owner and Location

Contact Name and Telephone No.

Email Address __________________________________________________ Contract Date ________ to __________

3. Job Description

Contract Amount

Time to Complete Job

Owner and Location

Contact Name and Telephone No.

Email Address __________________________________________________ Contract Date ________ to __________

4. Job Description

Contract Amount

Time to Complete Job

Owner and Location

Contact Name and Telephone No.

Email Address __________________________________________________ Contract Date ________ to __________

NOTE: It is important that this sheet be completed and submitted with your bid. Failure to provide the above

information in complete detail may result in your bid being considered non-responsive.

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ATTACHMENT C-1

BID RESPONSE FORM

KANSAS CITY AREA TRANSPORTATION AUTHORITY

Bid Number: Date of Issuance:

For:

KCATA Representative and Tile:

Telephone #: Fax # Email:

***********************************

The undersigned, acting as an authorized agent or officer for the Bidder, does hereby agree to the following:

1. The offer submitted is complete and accurate, including all forms required for submission in accordance with

the terms and conditions listed in this Invitation for Bid and any subsequent Addenda. The bidder shall

immediately notify the KCATA in the event of any change.

2. The pricing submitted shall remain fixed for the duration of this procurement.

3. The quantities specified are based upon the best available estimates and do not determine the actual amount

the Authority shall order during the contract period. The quantities are subject to change. Payments will be

based on actual quantities order based on the unit rates quoted.

4. Vendor will maintain an inventory or have adequate supply channels to provide delivery within thirty (30) days

maximum.

Company Name (Type/Print) Date

Address/City/State/Zip

Authorized Signature Title

Name (Type/Print) Telephone #/Fax #

*********************************

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ATTACHMENT C-2

BID RESPONSE FORM

KANSAS CITY AREA TRANSPORTATION AUTHORITY

BID # 12-5013-26

SERVER ROOM SPLIT UNIT AC SYSTEM

UNIT ITEM # DESCRIPTION QUANTITY UNITS PRICE TOTAL

1

Removal of old, and furnishing and installation of a new split unit AC system (per specifications of this request, and related plans and drawings)

1 JOB $________ $___________

3 TOTAL $________ $___________

BUYER’S NAME: Will Hobart TELEPHONE NUMBER (816) 346-0248

We hereby agree to furnish the items on which prices are listed above and in accordance

with the terms and conditions listed in the KCATA request for bid document and the attached

specifications (if any).

COMPANY NAME (Type or Print) DATE

ADDRESS/CITY/STATE/ZIP

AUTHORIZED SIGNATURE TITLE

NAME (Type or Print) TELEPHONE ( )

NOTE: The Bid Response Form must be signed by an authorized agent or officer or bid

may be considered non-responsive.

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Date Updated 4/26/12 (Insert Date Bid Released)

ATTACHMENT D

SCHEDULE OF PARTICIPATION BY CONTRACTOR & SUBCONTRACTORS

Form must be submitted for each prospective bidder and submitted with bid.

PRIME CONTRACTOR

Name and Address

Telephone

No.

Fax No.

Type of Work

To Be Performed

Value of

Work

DBE %

Participation

$ %

SUBCONTRACTOR(S)

Name and Address

Telephone

No.

Fax No.

Type of Work

To Be Performed

Value of

Work

DBE %

Participation

$ %

$ %

$ %

$ %

$ %

TOTAL VALUE OF WORK $ _____________

TOTAL CONTRACT VALUE OF WORK

(FROM BID FORM – ATTACHMENT D-1) $______________

TOTAL DBE PARTICIPATION $______________

TOTAL PERCENTAGE OF DBE _______________%

THE UNDERSIGNED WILL ENTER INTO A FORMAL AGREEMENT WITH THE SUBCONTRACTOR(S) FOR THE

WORK LISTED ON THIS SCHEDULE.

Prime Contractor (Type/Print) ________________________________________ Date ____________________

Authorized Signature _______________________________________ Title _____________________________

Name (Type/Print) _____________________________ Telephone #/Fax # ______________________________

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Procurement Department

1350 E. 17th Street

Kansas City, MO 64108

(816) 346-0254

Attachment E

Vendor Registration

Application

REVISION INITIAL

PLEASE TYPE OR CLEARLY PRINT ALL INFORMATION

Thank you for your interest in doing business with the Kansas City Area Transportation Authority. To be placed on the KCATA Registered

Vendors List for goods and services, please complete this form in its entirety and return it to the KCATA Procurement Department.

Submittal of this registration form will place your company on the KCATA Registered Vendor List, but does not guarantee a solicitation. The

list will be periodically purged. If you do not receive solicitations, inquire to confirm that your company remains on our list. Current

business opportunities can be found in the “Doing Business with KCATA” section of our website, www.kcata.org.

Legal Entity Name: Phone:

Doing Business As: Toll-free Phone:

Physical Address: Fax:

City: Email:

State: Zip: Website:

Contact Person Name: Title:

Contact Phone: Contact Email:

Mailing Address: Phone:

City: Fax:

State: Zip: Comments:

Business Type: Individual Partnership Corporation

Limited Liability Company Other (Explain)

If Incorporated, in

Which State: Federal Tax ID No:

Years in Business: Years in Business Under Current

Name:

Annual Gross Receipts:

Less than $250,000 $250,000 to$ 500,000 $500,000 to 1 Million

$1 Million to 5 Million $5 Million to 10 Million More than 10 Million

Standard Invoice

Terms:

Due Days Discount Days Percent

Identify the goods or services you are interested in providing to KCATA:

NAICS CODE(S): SIC CODE(S):

NAICS CODE(S): SIC CODE(S):

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Identify number of personnel employed by the company in the following categories:

Administrative Sales Management Construction Manufacturing Consulting Other (Specify)

1. Does your firm have a written Affirmative Action Plan? If YES, submit a copy.

YES NO ENCLOSED

2. Does your firm have a current Certificate of Compliance that has been issued by a

governmental agency? If YES, submit in lieu of an Affirmative Action Plan.

YES NO ENCLOSED

3. Does your firm have twenty-five (25) or fewer employees? If YES, submit a notarized

letter requesting exemption from preparation of a written Affirmative Action Plan and list all

employees by name, race, sex, job position and salary range.

YES NO ENCLOSED

4. Is your firm a Disadvantaged Business Enterprise (DBE) within the meaning of the

following definition?

YES NO

Definition of Disadvantaged Business Enterprise: For-profit small business concern which 1) is at least 51 percent owned by one or

more socially or economically disadvantaged individuals; and 2) whose management and daily business operations are controlled by one

or more of the socially and economically disadvantaged owners. REF: 29 CRF 26

For questions regarding DBE/Affirmative Action, please contact the Contracting/Supplier Diversity Coordinator at

(816) 346-0224 or via email at [email protected].

WORKER ELIGIBILITY AFFIDAVIT: As required by §285.500 RSMo, et seq., any business contracting to perform work in excess of

$5,000 for the KCATA shall provide a sworn affidavit affirming: (1) its enrollment and participation in a federal work authorization program

such as E-Verify, accompanied by corresponding documentation to evidence its enrollment in that program; and (2) that it does not knowingly employ any person who does not have the legal right or authorization under federal law to work in the United States.

CERTIFICATION: I certify that information supplied herein (including all pages attached) is correct and that neither the business entity

nor any person in any connection with the business entity as a principal or officer, so far as known, is now debarred or otherwise declared

ineligible from bidding for furnishing materials, supplies, or services to the Kansas City Area Transportation Authority or declared

ineligible to participate in federally funded projects.

Signature

Date

Printed Name

Title

Return completed Vendor Registration Form to Kansas City Area Transportation Authority,

Procurement Department, 1350 East 17th Street, Kansas City, MO 64108

Fax: (816) 346-0336 or email: [email protected] Doc. 7-27-11

A foreign corporation may not transact business in Missouri until it obtains a Certificate of Authority.

To apply, you must use the forms provided by the Missouri Secretary of State’s office, as required by law.

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KANSAS CITY AREA TRANSPORTATION AUTHORITY

AFFIRMATIVE ACTION CERTIFICATION PROCESS

Dear Prospective Vendor:

Thank you for your interest in doing business with the Kansas City Area Transportation Authority (KCATA). To become a

qualified vendor with the KCATA, your company must comply with all applicable Federal Affirmative Action and Equal

Employment Opportunity requirements.

To receive Affirmative Action compliance certification, which will make your company a qualified vendor, please complete the enclosed Vendor Registration Form, if one has not already been submitted, and include the following documents to the

KCATA's Procurement Office:

1. A written Affirmative Action plan in accordance with the following list of component parts.

Utilization analysis by race, sex and national origin, including workforce analysis (see form AA1 or an EEO-1

report may be substituted), and availability analysis (workforce statistics of your SMSA population area).

This information must be updated annually;

Statement of policy, specific and detailed percentage and numerical goals with timetables and programs of

affirmative action for correcting any underutilization of affected classes of persons or lack of full equal

Employment opportunity;

An assessment of present employment practices regarding recruitment, selection, salaries, promotion,

termination and other conditions of employment by race, sex and national origin in order to further assist in

the identification of problem areas and corrective actions;

Designation of specific personnel and their responsibilities for implementing and maintaining adherence to

the equal employment opportunity program; dissemination of the equal employment opportunity policy as

well as appropriate elements of the equal employment opportunity program to all personnel, applicants and

to the general public; and

An internal monitoring and reporting system for assessing accomplishments of the EEO program,

particularly the goals and timetables of that program, and for revising that program as necessary.

All data submitted must reflect current year figures.

2. In lieu of an Affirmative Action Plan, a current Letter or Certificate of Compliance issued by another governmental

agency that has reviewed and approved your Affirmative Action plan.

3. A current Workforce Analysis Form (enclosed).

4. A formal request for exemption from #1 and #2 above, if your firm has twenty-five (25) or fewer employees. This

request, submitted on company letterhead, must list all employees, their job positions, race, gender, and salary ranges. The document must be notarized.

If you have any questions or would like assistance from our DBE Officer, please contact KCATA’s Contracting/Supplier

Diversity Coordinator at (816) 346-0224 or FAX: (816) 346-0336.

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SAMPLE LETTER OF EXEMPTION FROM AFFIRMATIVE ACTION PLAN SUBMITTAL

Date

Ms. Denise Bradshaw

Contracting/Supplier Diversity Coordinator

Kansas City Area Transportation Authority

1350 East 17th Street

Kansas City, MO 64108

Dear Ms. Bradshaw:

(Company Name) has employees and is hereby requesting exemption from submitting a written Affirmative

Action Plan.

Listed below are the individuals working for (Company Name).

Name Job Title Gender Race Salary Range

Sincerely,

(Company Representative)

(Title)

NOTE: This statement must be submitted on company letterhead and notarized.

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ATTACHMENT F

GUIDELINES FOR WORKFORCE ANALYSIS

Form AA1, Part I

DEFINITIONS:

RACIAL/ETHNIC

1. WHITE (not of Hispanic origin): All persons having origins in any of the original peoples of Europe, North Africa, or

the Middle East.

2. BLACK (not of Hispanic origin): All persons having origins in any of the Black racial groups of Africa.

3. HISPANIC: All persons of Mexican, Puerto Rican, Cuban, Central or South American origin, regardless of race.

4. ASIAN or PACIFIC ISLANDER: All persons having origins in any of the original peoples of the Far East, Southeast

Asia, the Indian Subcontinent, or the Pacific Islands. This area includes, for example, China, Japan, Korea, the

Philippine Islands, and Samoa.

5. AMERICAN INDIAN or ALASKAN NATIVE: All persons having origins in any of the original peoples of North

America, and who maintain cultural identification through tribal affiliation or community recognition.

JOB CATEGORIES

1. OFFICIALS and MANAGERS: Includes chief executive officers, presidents, vice-presidents, directors and kindred

workers.

2. PROFESSIONALS: Includes attorneys, accountants and kindred workers.

3. TECHNICIANS: Includes computer programmers and operators, drafters, surveyors, highway technicians,

inspectors and kindred workers.

4. SALES WORKERS: Includes contract sales representatives, purchasing agents, customer relations representatives

and kindred workers.

5. OFFICE and CLERICAL: Includes secretaries, book-keepers, clerk typists, payroll clerks, accounts payable

clerks, receptionists, switchboard operators and kindred workers.

6. CRAFT WORKERS (skilled): Includes mechanics and repairers, electricians, carpenters, plumbers and kindred

workers.

7. OPERATIVES (semi-skilled): Includes bricklayers, plaster attendants, welders, truck drivers and kindred workers.

8. LABORERS (unskilled): Includes laborers performing lifting, digging, mixing, loading and pulling operations and

kindred workers.

9. SERVICE WORKERS: Includes janitors, elevator operators, watchmen, chauffeurs, attendants and kindred workers.

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ATTACHMENT F-2 WORK FORCE ANALYSIS REPORT

FORM AA1, PART II

Report all permanent, temporary, or part-time employees including apprentices and on-the-job trainees.

Enter the appropriate figures on all lines and in all columns. All blank spaces will be considered zero.

Job

Categories

Number of Employees (Report employees in only one category)

Race/Ethnicity

Hispanic or

Latino

Not Hispanic or Latino

Total

Col

A-N

Male Female

Male Female White

Black or

African

Ameri-

can

Native

Hawaiia

n or

Other

Pacific

Island-

er

Asian

America

n Indian

or

Alaska

Native

Two or

more

races

White

Black or

African

Ameri-

can

Native

Hawaiia

n or

Other

Pacific

Island-

er

Asian

America

n Indian

or

Alaska

Native

Two or

more

races

A B C D E F G H I J K L M N O

Executive/Senior-Level

Officials and Managers First/Mid-Level Officials and

Managers Professionals

Technicians

Sales Workers

Administrative Support

Workers Craft Workers

Operatives

Laborers and Helpers

Service Workers

TOTAL

PREVIOUS YEAR TOTAL

TYPE OF BUSINESS Manufacturing Wholesale Construction Regular Dealer Selling Agent Service Establishment Other

Signature of Certifying Official Company Name

Printed Name and Title Address/City/State/Zip Code

Date Submitted Telephone Number/Fax Number

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ATTACHMENT G-1

AFFIDAVIT OF PRIMARY PARTICIPANTS

COMPLIANCE WITH SECTION 285.500 RSMO, ET SEQ.

REGARDING EMPLOYEE ELIGIBILITY VERIFICATION

STATE OF _________________________

COUNTY OF _______________________

On this ________ day of __________________, 20 _____, before me appeared

_______________________________________, personally known by me or otherwise proven to be the person whose

name is subscribed on this affidavit and who, being duly sworn, stated as follows: I am the

_______________________ (title) of _____________________________ (business entity) and I am duly authorized,

directed or empowered to act with full authority on behalf of the business entity in making this affidavit.

I hereby swear or affirm that the business entity does not knowingly employ any person in connection with

the contracted services who does not have the legal right or authorization under federal law to work in the United

States as defined in 8 U.S.C. §1324a(h)(3).

I hereby additionally swear or affirm that the business entity is enrolled in an electronic verification of work

program operated by the United States Department of Homeland Security (E-Verify) or an equivalent federal work

authorization program operated by the United States Department of Homeland Security to verify information of

newly hired employees, under the Immigration Reform and Control Act of 1986, and that the business entity will

participate in said program with respect to any person hired to perform any work in connection with the contracted

services.

I have attached hereto documentation sufficient to establish the business entity’s enrollment and

participation in the required electronic verification of work program. I shall require that the language of this

affidavit be included in the award documents for all sub-contracts exceeding $5,000.00 at all tiers and that all

subcontractors at all tiers shall affirm and provide documentation accordingly.

_________________________________

Affiant’s signature

Subscribed and sworn to before me this _________ day of _________________, 20____

________________________________________

Notary Public

My Commission expires:

NOTE: An example of acceptable documentation is the E-Verify Memorandum of

Understanding (MOU) – a valid, completed copy of the first page identifying the business

entity and a valid copy of the signature page completed and signed by the business entity,

the Social Security Administration and the Department of Homeland Security.

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ATTACHMENT G-2

AFFIDAVIT OF LOWER-TIER PARTICIPANTS

COMPLIANCE WITH SECTION 285.500 RSMO, ET SEQ.

REGARDING EMPLOYEE ELIGIBILITY VERIFICATION

STATE OF _________________________

COUNTY OF _______________________

On this ________ day of __________________, 20 _____, before me appeared _______________________,

personally known by me or otherwise proven to be the person whose name is subscribed on this affidavit and who,

being duly sworn, stated as follows: I am the

_______________________ (title) of _____________________________ (business entity) and I am duly authorized,

directed or empowered to act with full authority on behalf of the business entity in making this affidavit.

I hereby swear or affirm that the business entity does not knowingly employ any person in connection with

the contracted services who does not have the legal right or authorization under federal law to work in the United

States as defined in 8 U.S.C. §1324a(h)(3).

I hereby additionally swear or affirm that the business entity is enrolled in an electronic verification of work

program operated by the United States Department of Homeland Security (E-Verify) or an equivalent federal work

authorization program operated by the United States Department of Homeland Security to verify information of

newly hired employees, under the Immigration Reform and Control Act of 1986, and that the business entity will

participate in said program with respect to any person hired to perform any work in connection with the contracted

services.

I have attached hereto documentation sufficient to establish the business entity’s enrollment and

participation in the required electronic verification of work program. I shall require that the language of this

affidavit be included in the award documents for all sub-contracts exceeding $5,000.00 at all tiers and that all

subcontractors at all tiers shall affirm and provide documentation accordingly.

_________________________________

Affiant’s signature

Subscribed and sworn to before me this _________ day of _________________, 20____

________________________________________

Notary Public

My Commission expires:

NOTE: An example of acceptable documentation is the E-Verify Memorandum of

Understanding (MOU) – a valid, completed copy of the first page identifying the business

entity and a valid copy of the signature page completed and signed by the business entity,

the Social Security Administration and the Department of Homeland Security.

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ATTACHMENT H-1

CERTIFICATION OF PRIMARY PARTICIPANT

REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MATTERS

The Primary Participant (applicant for an FTA grant or cooperative agreement, or potential Contractor for a major third

party contract), certifies to the best of its knowledge and belief, that it and its

principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from

covered transactions by any Federal department or agency;

2. Have not within a three-year period preceding this bid, been convicted of or had a civil judgment rendered against

them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing

a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State

antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,

making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or

local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and

4. Have not within a three-year period preceding this application/bid had one or more public transactions (Federal,

State or local) terminated for cause or default.

If the primary participant (applicant for FTA grant, or cooperative agreement, or potential third party Contractor) is unable

to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.

THE PRIMARY PARTICIPANT (APPLICANT FOR AN FTA GRANT OR COOPERATIVE AGREEMENT, OR

POTENTIAL CONTRACTOR FOR A MAJOR THIRD PARTY CONTRACT),

CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF

THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE

PROVISIONS OF 31 U.S.C., SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO.

Signature and Title of Authorized Official

Date

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ATTACHMENT H-2

CERTIFICATION OF LOWER-TIER PARTICIPANTS REGARDING

DEBARMENT, SUSPENSION, AND OTHER INELIGIBILITY

AND VOLUNTARY EXCLUSION

The Lower Tier Participant (potential sub-grantee or sub-recipient under an FTA project, potential third party Contractor,

or potential subcontractor under a major third party contract) ,

certifies, by submission of this bid, that neither it nor its principals are presently debarred, suspended, proposed for

debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department

or agency.

If the Lower Tier Participant (potential sub-grantee or sub-recipient under an FTA project, potential third party Contractor,

or potential subcontractor under a major third party contract) is unable to certify to any of the statements in this

certification, such participant shall attach an explanation to this bid.

THE LOWER-TIER PARTICIPANT (POTENTIAL SUB-GRANTEE OR SUB-RECIPIENT UNDER AN FTA PROJECT,

POTENTIAL THIRD PARTY CONTRACTOR, OR POTENTIAL SUBCONTRACTOR UNDER A MAJOR THIRD PARTY

CONTRACT), , CERTIFIES OR AFFIRMS THE

TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS

CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C., SECTIONS 3801 ET SEQ. ARE

APPLICABLE THERETO.

Signature and Title of Authorized Official

Date

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ATTACHMENT I

Missouri Division of Labor Standards

Annual Wage Order No. 18

(15 pages)

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ATTACHMENT J

Davis Bacon Act

Federal Wage Decision Number: MO100105 10/14/2011 MO105

General Decision Number: MO100105 10/14/2011 MO105

State: Missouri

Construction Type: Building

County: Jackson County in Missouri.

BUILDING CONSTRUCTION PROJECTS (does not include single family

homes or apartments up to and including 4 stories).

Modification Number Publication Date

0 08/06/2010

1 08/13/2010

2 10/01/2010

3 11/05/2010

4 01/14/2011

5 01/21/2011

6 02/11/2011

7 04/08/2011

8 04/15/2011

9 05/06/2011

10 07/01/2011

11 07/22/2011

12 10/14/2011

* ASBE0027-004 10/30/2010

Rates Fringes

ASBESTOS WORKER/HEAT & FROST

INSULATOR........................$ 31.62 23.34

----------------------------------------------------------------

BOIL0083-005 01/01/2010

Rates Fringes

BOILERMAKER......................$ 32.31 21.66

----------------------------------------------------------------

BRMO0015-006 04/01/2011

Rates Fringes

BRICKLAYER.......................$ 33.40 15.60

----------------------------------------------------------------

CARP0005-040 04/01/2010

Rates Fringes

CARPENTER (Including

Acoustical Ceiling

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Installation, Drywall

Hanging, Form Work, Metal

Stud Installation, Scaffold

Building & Batt Insulation)......$ 33.70 14.35

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ELEC0124-002 09/01/2010

Rates Fringes

ELECTRICIAN......................$ 33.83 18.63

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ENGI0101-018 04/01/2011

Rates Fringes

OPERATOR: Crane

Boom 150 Feet & Over........$ 37.05 13.71

Boom 225 Feet & Over........$ 38.30 13.71

Boom 300 Feet & Over........$ 39.30 13.71

Boom 350 Feet & Over........$ 40.30 13.71

Boom Less Than 150 Feet.....$ 35.70 13.71

OPERATOR:

Backhoe/Excavator...........$ 34.89 13.71

Bobcat/Skid Loader..........$ 34.89 13.71

Forklift....................$ 33.55 13.71

Grader/Blade................$ 34.89 13.71

Loader......................$ 34.89 13.71

Paver.......................$ 34.89 13.71

Roller......................$ 34.89 13.71

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IRON0010-017 04/01/2011

Rates Fringes

IRONWORKER, ORNAMENTAL,

REINFORCING AND STRUCTURAL.......$ 28.50 24.30

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LABO0264-001 04/01/2011

Rates Fringes

LABORER

Brick & Cement/Concrete

Mason Tender................$ 27.15 12.10

Common or General; Asphalt

Shoveler; Pipelayer.........$ 26.75 12.10

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* PAIN0003-001 04/01/2011

Rates Fringes

PAINTER

Brush & Roller..............$ 28.31 14.04

Drywall Finishing/Taping....$ 28.53 14.04

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* PAIN0558-008 05/01/2011

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Rates Fringes

GLAZIER..........................$ 26.47 19.38

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PLUM0008-001 06/01/2011

Rates Fringes

PLUMBER, Excluding HVAC Pipe

Installation.....................$ 36.80 20.41

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PLUM0533-005 06/01/2011

Rates Fringes

PIPEFITTER, Including HVAC

Pipe Installation................$ 39.58 19.07

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ROOF0020-001 06/01/2010

Rates Fringes

ROOFER...........................$ 32.25 13.24

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SFMO0314-004 07/01/2011

PORTION OF COUNTY WITHIN A 30 MILE RADIUS OF THE INTERSECTION

OF PERSHING & BROADWAY IN KANSAS CITY, MO

Rates Fringes

SPRINKLER FITTER (Fire

Sprinklers)......................$ 33.75 17.60

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SFMO0669-005 04/01/2011

REMAINDER OF COUNTY

Rates Fringes

SPRINKLER FITTER (Fire

Sprinklers)......................$ 30.84 17.00

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SHEE0002-027 07/01/2011

Rates Fringes

SHEETMETAL WORKER: Including

HVAC System Installation

(Excluding HVAC Duct

Installation)....................$ 38.39 17.01

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SUMO2010-044 06/14/2010

Rates Fringes

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CEMENT MASON/CONCRETE FINISHER...$ 22.34 7.23

OPERATOR: Hoist.................$ 26.02 13.01

PAINTER: Spray Only.............$ 17.78 0.00

SHEET METAL WORKER

(Installation of HVAC Duct

Only)............................$ 15.86 2.08

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TEAM0541-007 04/01/2011

Rates Fringes

TRUCK DRIVER: Dump Truck.........$ 30.09 11.71

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WELDERS - Receive rate prescribed for craft performing

operation to which welding is incidental.

========================================================

Unlisted classifications needed for work not included within

the scope of the

classifications listed may be added after award only as

provided in the labor

standards contract clauses (29 CFR 5.5(a)(1)(ii)).

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--

In the listing above, the "SU" designation means that rates

listed under the

identifier do not reflect collectively bargained wage and

fringe benefit

rates. Other designations indicate unions whose rates have

been determined

to be prevailing.

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--

WAGE DETERMINATION APPEALS PROCESS

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

be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on

a wage

determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests

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for summaries

of surveys, should be with the Wage and Hour Regional Office

for the area in

which the survey was conducted because those Regional Offices

have

responsibility for the Davis-Bacon survey program. If the

response from this

initial contact is not satisfactory, then the process described

in 2.) and

3.) should be followed.

With regard to any other matter not yet ripe for the formal

process

described here, initial contact should be with the Branch of

Construction

Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an

interested party

(those affected by the action) can request review and

reconsideration from

the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR

Part 7).

Write to:

Wage and Hour Administrator

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the

interested

party's position and by any information (wage payment data,

project

description, area practice material, etc.) that the requestor

considers

relevant to the issue.

3.) If the decision of the Administrator is not favorable, an

interested

party may appeal directly to the Administrative Review Board

(formerly the

Wage Appeals Board). Write to:

Administrative Review Board

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

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

END OF GENERAL DECISION

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ATTACHMENT K

Drawings

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