contractor ract and Scope of Work 15.1500 ract To: LBA Construction LLC 2733 Ross Clark Circle Dothan, Alabama 36301 contractor: Scope: Mechanical Furnish and install all mechanical equipment as described within the design drawings. All penetrations through fire rated walls shall be caulked by this contractor as per code and the design specifications. Cost for construction is to be segregated into two divisions, the Shell and the Build out. Shell: All cost associated with HVAC units 4, 5 & 6 (13 tons) o Shell costs include conditioned air provided through medium pressure ductwork at a rate of.75 cfm/square foot of ANSI/BOMA Office Area (OASF). o 6,803 OASF x.75 = 5,102 CFMs \ 400 CFM/ton = 13 tons required by shell o o 13 shell tons \ 28 total tons = 46.4% of all equipment and installation cost to the shell Cost to include but not limited to: condensing units, air handling units, refrigerant piping, condensate drain piping, refrigerant controllers, duct, insulation, fire dampers, supply and return grilles, thermostats, filters, test and balance report, startup, training, taxes, permits, etc Remove and dispose of (in owner provided dumpsters) three existing interior and exterior units Whenever possible, reuse existing drain pans, condensate drains, exhaust vents, gas flues, refrigerant piping, gas piping and electrical disconnects. If existing components cannot be reused, contractor shall provide new. All cost associated with exhaust fans CEF 1, 2 & 3 Provide and install duct smoke detectors for units 5 & 6 46.4% of the test and balance cost Build out: All cost associated with HVAC units 2, 3, 7 & 8 (15 tons) o 13 shell tons - 28 total tons = 15 TI tons or 53.6% of all equipment and installation cost o Cost to include but not limited to: condensing units, air handling units, refrigerant piping, condensate drain piping, refrigerant controllers, duct, insulation, fire dampers, supply and return grilles, thermostats, filters, test and balance report, startup, training, taxes, permits, etc Remove and dispose of (in owner provided dumpsters) four existing interior and exterior units Whenever possible, reuse existing drain pans, condensate drains, refrigerant piping, gas piping and electrical disconnects. If existing components cannot be reused, contractor shall provide new. All cost associated with exhaust fans CEF 1, 2 & 3 All cost associated with the unit 1 that service the DCR (computer) room (including concrete pad) 53.6% of the test and balance cost Page 1 of 6
contractor ract and Scope of Work 15.1500 Location of the work: 2454 E. University Dr. 36830 ract: We hereby propose to furnish, as applicable, all necessary supervision, labor, materials, equipment and incidentals required for complete, operable and first class work as herein described. We propose to furnish the required work for the following (in addition to this lump sum proposal, the contractor shall submit a detailed breakdown of bid showing labor and material by work division): Total Shell Price... $ Total Buildout Price... $ Total Price... $ General Requirements: The work shall be in accordance with the plans and specifications (specifications are shown on the design drawings). If a detail or item of work is shown on one sheet, it shall be as if shown on all sheets. Shop drawings and/or submittal data must be submitted and approved by the contractor prior to shipment of material to the jobsite. 1. Davis-Bacon Documentation All contracts are to be supported by submitting forms WH-347 to show compliance with minimum wage standards as defined by the U. S. Department of Labor. 2. Attachments a) Design Drawings Drawing(s) Revision Revision Date Specifications (T1.1-T2.8) N/A N/A A1.2 N/A N/A A1.6 N/A N/A M0.0 N/A N/A M0.1 N/A N/A M0.2 N/A N/A M0.3 N/A N/A M1.1 N/A N/A M2.1 N/A N/A M2.2 N/A N/A M2.3 N/A N/A MP1.1 N/A N/A MP1.2 N/A N/A b) Work Itemization c) Davis-Bacon Certified Payroll forms, with Instructions for Completing Payroll Form, WH-347 d) Project act Sheet 3. All labor, material and equipment required for completion of work shall include all taxes, insurance and other costs required by any and all local, state and federal laws or regulations. Page 2 of 6
contractor ract and Scope of Work 15.1500 4. The contractor shall be required to insurance as follows: Commercial General Liability (CGL) a) Limits of not less than $1,000,000 each occurrence and $2,000,000 Annual Aggregate b) If the CGL coverage contains a General Aggregate Limit, such General Aggregate shall apply separately to each project. c) CGL coverage shall be written on ISO Occurrence form CG0001093 or a substitute form providing equivalent coverage and shall cover liability arising from premises, operations, independent contractors, products completed operations, and personal and advertising injury. d) LBA Construction LLC shall be included as insured on the CGL, using ISO Additional Insured Endorsement CG20101185 or an endorsement providing equivalent coverage to the additional insured. This insurance for the additional insured shall be as broad as the coverage provided for the named insured contractor. It shall apply as Primary Insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured. e) The subcontractor shall maintain CGL coverage for itself and all additional insured for the duration of the project and maintain completed operations coverage for itself and the additional insured for at least one year after completion of the work. f) LBA Construction shall be notified in writing within 30 days of policy cancellation Automobile Liability a) Business Auto Liability with limits of at least $1,000,000 each accident. b) Business Auto insurance must include coverage for liability arising out of all owned, leased, hired and non-owned automobiles. c) LBA Construction LLC must be included as insured on the auto policy. Commercial Umbrella a) Umbrella limits must be at least $1,000,000 Workers Compensation a) Employer s liability insurance limits of at least $500,000 each accident for bodily injury by accident and $500,000 each employee for injury by disease. Waiver of rogation a) contractor waives all rights against the owner and engineer and their agents, officers, directors and employees for recovery of damages to the extent these damages are covered by commercial general liability, commercial umbrella liability, business auto liability or workers compensation and employers liability insurance maintained per requirements stated above. Attached to each certificate of insurance shall be a copy of the Additional Insured Endorsement that is part of the contractor s Commercial General Liability Policy. The subcontractor agrees to add LBA Construction LLC as an additional insured on all insurance policies relative to the particular project. 5. The subcontractor shall adhere to all items outlined in the Construction Waste Management Plan found within the specification plan sheets. The subcontractor shall be responsible for job cleanliness at the end of every workday. If the subcontractor does not clean up, LBA Construction LLC will verbally notify subcontractor s superintendent or foreman and they shall be responsible for cleanup within 24 hours. If subcontractor fails to implement remedial action, Cost to the subcontractor will be at a rate of $25.00 per hour, which shall be deducted from the subcontractor s contract. 6. The subcontractor, while performing work within the confines of the building s interior, shall adhere to all Page 3 of 6
contractor ract and Scope of Work 15.1500 items contained within the Indoor Air Quality (IAQ) Plan which can be found within the specification plan sheets. 7. This contract is not to be sub-let nor assigned either wholly or in part without the written consent of LBA Construction, LLC. 8. All work shall be performed as required so as not to interrupt the progress of other work within the subdivision. contractor will coordinate with the project manager to maintain adherence to the project schedule to avoid delays caused due to conflicts with the associated subcontractors on this project. 9. contractor shall respond in a timely manner when contacted by project manager, or other agents of LBA Construction LLC and shall be prepared to initiate the prescribed work as set forth in the contracting documents no later than two (2) days from the execution of the contract. 10. LBA Construction LLC shall consider the contractor to be in default and shall complete the work on behalf of the subcontractor when the following occurs: a) When contractor does not complete work in a timely manner and/or does not begin work within seven (7) days of written notification of such. b) When contractor completes work that does not conform to project specifications and does not correct within seven (7) days of written notification of such. c) When contractor does not conform to schedule milestones for a period of more than five (5) consecutive workdays. LBA Construction LLC shall reserve the right to complete any portion of the work on behalf of the contractor when deemed non-conformant or incomplete. Cost of work performed by LBA Construction LLC on behalf of contractor shall be deducted from monies due or that would otherwise become due to the contractor. If the cost to correct and/or complete work is less than the total remaining monies that would have otherwise been due to the contractor, the difference shall be paid to the contractor upon completion of the project. If the cost to correct and/or complete work is more than the total remaining monies that would have otherwise been due to the contractor, the difference shall be paid to LBA Construction LLC by the deficient/delinquent contractor within 15 days of delivery of invoice to the contractor for the said work. 11. All work shall be completed in accordance with all laws and ordinances from all authorities having jurisdiction. contractor is responsible to obtain all licenses and permits required by federal, state, or local entities having authority to regulate their portion of the work. 12. All mechanics employed by the contractor must be skilled in their crafts and acceptable to the Architect and ractor. contractor shall be solely responsible for obtaining forms I-9 Employment Eligibility Verification for each employee of contractor or anyone who performs work on this job whether employed by this subcontractor or any sub/subcontractor performing work under this subcontract. This subcontractor shall be subject to any civil or criminal penalties if found noncompliant in accordance with the Immigration Reform and rol Act of 1986. 13. The subcontractor and all its subcontractors are responsible for their safety program and its job site management. OSHA standards shall be strictly adhered to by the subcontractor and all the subcontractors employed by the subcontractor throughout the project. If the subcontractor or its subcontractors are found negligent in OSHA and safety procedures LBA Construction LLC shall issue one warning and then any subsequent infraction will result in the subcontractor or sub-contractors being removed from the job site until deficiency is remedied. sequent violations will result in the subcontractor or its sub-contractors being permanently removed from the jobsite. If the subcontractor or Page 4 of 6
contractor ract and Scope of Work 15.1500 subcontractor performing work on this project is found to be in violation of an OSHA regulation, and such violation results in a fine being levied against LBA Construction LLC, the cost of the fine and other punitive damages will be deducted from monies due or that would otherwise become due and payable to the subcontractor. Any balance not paid through monies due the subcontractor shall be required to be paid by the subcontractor. 14. The subcontractor shall be responsible for maintaining onsite copies of all MATERIAL SAFETY DATA SHEETS for all hazardous materials being used on the job site on behalf of the ractor. The Project Manager shall be given a copy of these MSDS documents prior to delivery of materials. 15. Payment shall be made monthly to the subcontractor based on the progress of the work. contractor shall complete the Work Itemization (pay request) spreadsheet by assigning values to each attribute shown in the column of Scheduled Value. When submitting an application for payment, an approximate value for that portion of work completed shall be stated in column E, Work Completed, This Period. The amount stated in this column shall be an agreed upon with the superintendent prior to submission. In addition to the Work Itemization, subcontractor shall submit required up-to-date insurance, license and lien waiver documentation to LBA Construction LLC accounting. Pay requests received by the 25th of the month shall be paid by the 10th of the following month provided that the subcontractor adheres to all items herein. Retainage of an amount equal to 10% of the total monies due shall be withheld from the subcontractor s monthly pay requests until substantial completion of the project which shall include acceptance by all governing authorities. An itemized breakdown of all work to be performed by the subcontractor shall be prepared and utilized for each pay application presented to LBA Construction LLC. The form shall be in Excel format if prepared electronically. 16. No changes to the scope of work are to be implemented by the subcontractor without prior written approval from the Project Manager. 17. No drugs or alcoholic beverages are allowed on job site. Anyone on job site found to be using drugs or alcohol shall be required to leave job site. 18. Indemnifications: To the fullest extent permitted by law, the subcontractor shall fully indemnify, defend, and hold harmless the owner, engineer and engineer s consultants and agents, and all employees of any of them, from and against any and all suits, claims, actions, lawsuits by subcontractor s employees, judgments, damages, losses, injuries, death, and expenses (including but not limited o attorney s fees and litigation expenses) arising directly or indirectly out of, or in connection with, the obligations herein undertaken, or resulting out of, or in connection with, operations conducted by ( or in the work area of) the subcontractor, the subcontractor s subcontractors, anyone directly or indirectly employed by them, or anyone of whose acts or omissions they may be liable. All of the subcontractor s indemnity obligations agreed to herein shall be binding on the subcontractor without regard to whether such claim, damage, loss or expense is caused in whole or in part by a party indemnified hereunder. Such obligations shall not negate, abridge or otherwise reduce other rights or obligations of indemnity or agreements to procure insurance which otherwise exist as to a party or person described herein. The subcontractor will purchase the insurance required elsewhere in this contract and name LBA Construction LLC as additional insured to fully insure the indemnity obligations made herein and in any other portion of this contract. 19. Warranty: contractor warrants to LBA Construction LLC and the engineer that all materials and equipment furnished shall be new unless otherwise specified, and that all work under this contract shall be of Page 5 of 6
contractor ract and Scope of Work 15.1500 good quality, free from faults or defects and in conformance with this contract. All work not conforming to these requirements, including substitutions not properly approved and authorized, shall be considered defective. contractor agrees that for each Deliverable, the above warranties will be in effect for a period of one year from its date of substantial completion or acceptance. If Services or Deliverables do not comply with their warranties, contractor agrees to correct the deficiency without charge and in a timely manner. For all critical services, deficiency will be corrected within 24 hours. contractor agrees that ractor may pass contractor s standard warranty for a deliverable through to ractor s customer who may deal directly with the contractor. If there is a conflict between the above warranties and contractor s standard warranty, the more favorable warranty applies. contractor agrees to offer an optional post-warranty maintenance service for Equipment or to cooperate with ractor on arrangements such as service. 20. EXCLUSIONS: None This contract is submitted this day, the day of, 2017. contractor: By Signature Printed Name Title ractor: By Bill Davis Managing Member LBA Construction, LLC Page 6 of 6