toa PROJECT MANUAL apn FOR THE PROJECT TITLED SNAP COMMUNITY CENTER 1224 MARTIN STREET NASHVILLE, TN FOR THE METROPOLITAN HOUSING AND DEVELOPMENT AGENCY August 18, 2010 ARCHITECT Gobbell Hays Partners, Inc. 217 Fifth Avenue North Nashville, Tennessee 37219 Tel. 615-254-8500 Fax 615-256-3439 GHP Project No. 08041.10GHP-08041.10 ‘SNAP Community Center Nashville, Tennessee SNAP COMMUNITY CENTER 1224 MARTIN STREET NASHVILLE, TENNESSEE TABLE OF CONTENTS TABLE OF CONTENTS PAGE 1 DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS |. Index to Specifications Invitation to Bid Instructions and Forms Form of Advertisement for Bids 1. Use of Separate Bid Forms 2. Interpretation of Addendum 3. Inspection of Site 4. Alternative Bids 5. Bids 6 Bid Guaranty 7. Collusive Agreements 8 Statement of Bidder’s Qualification 9. Unit Prices 40. Corrections 11. Time for Receiving Bids 12. Opening of Bids 18. Withdrawal of Bids 14. Award of Contract: Rejection of Bids 15. Execution of Contract: Performance and Payment Bond 16. Wages and Salaries 17. Equal Employment Opportunity 18. Preconstruction Conference 19. Certificate of Nonsegregated Facilities Bid Form and License Certification Form of Non-collusive Affidavit Form of Statement of Bidder's Qualifications Form of Non-collusive Affidavit for Subcontractors PAGES B14 IBS 1B6 18.7 188 18-9 1-10 IBa1 GOBBELL HAYS PARTNERS(GHP-08041.10 ‘SNAP Community Center Nashville, Tennessee Il. Condition of the Contract General Condition, Part | 401 102. 403. 104, 105. 106, 107. 108, 109. 110. 1 112. 113, 114. 116. 116. 117. 118. Definitions ‘Superintendent by Contractor ‘Subcontracts Non-Collusive Affidavit of Sub Mutual Responsibility of Contractors Fitting and Coordination of Work. Progress Schedule Payments to Contractor Changes in the Work Claims for Extra Cost Termination: Delays: Liquidated Damages Assignment or Novation Disputes: ‘Technical Specifications and Drawings Shop Drawings Requests for Supplementary Information Materials and Workmanship Samples, Certificates and Test Permits and Codes |. Care of Work . Accident Prevention . Sanitary Faclities Use of Premises Removal of Debris, Cleaning, etc. Inspection Review by Local Public Agency Final Inspection Deduction of Uncorrected Work Insurance Patents Warranty of Title General Guaranty License Staking Work General Conditions - Federal Requirements Part II 201. 201 203. 204, 208. 206. 207. 208, 209) 210. Applicability Minimum Wage Rates for Laborers/Mechanics Underpayments of Wages or Salaries Anticipated Costs of Fringe Benefits Overtime Compensation Required Employment of Apprentices/Trainees Employment of Certain Persons Prohibited Anti-Kiokback Act Regulations Laborers/Mechanics Wages not Listed Fringe Benefits TABLE OF CONTENTS PAGE 2 oc ec Gc-3 G4 GCs oc7 6c-9 GC-10 GC ec-12 Gc-13 Gc-14 GCs ec168 Gc7 oes Gc4t9 6¢e-20 Go.21 ec-22 GOBBELL HAYS PARTNERSGHP-08041.10 TABLE OF CONTENTS. SNAP Community Center PAGE 3 Nashville, Tennessee 211. Posting Wage Determination Decisions 6c-23 212. Complaints, Proceedings, Testimony 243. Claims Pertaining to Wage Rages 214. Questions Concerning Federal Statutes 215. Payrolls/Records of Contractors/Subs Gc-24 246. Specific Coverage Certain Work Types 217. Ineligible Subcontractors 218. Certain Subcontract Conditions 6c-25 219. Breach of Federal Labor Standards Federal Labor Standards Provisions (4810) GC-28/34 ‘Attachment to Federal Labor Standards Provi 6c-35/41 Equal Employment Opportunity Clause Gc-42/43 Cettiication of Nonsegregated Facilities cc44 Environment Protection 6c-45/48 Section 3 Clause — Housing and Urban Development Act of 1968 Gc-49 Wage Decision and WH-1321 5 pages Construction Agreement (Contract) & Certification 4 pages Directions for Performance and Payment Bond 1 page Form of Performance and Payment Bond 2 pages Agency Section 3 Program Agency Diversity Business Enterprise (DBE) Program Forms 2001, 2002, 2003, 2004, 2005, 2006 Special Conditions 301 302, 303. 304, 305. 306. 307. 308. 309, 310. 31 cDsc-4 Time for Commencement of Work Liquidated Damages Responsibilities of Contractor ‘Communications Project Sign Partial Use of the Site cosc-2 Location of Existing Underground Facilities Public Utilities and Public Property to be Changed Disposal of Excess Excavated Material GOBBELL HAYS PARTNERSGHP.08041.10 TABLE OF CONTENTS ‘SNAP Community Center Nashville, Tennessee 312. Excavation in Public Streets 313. Contract Documents and Drawings 314. Construction Stakes 315. Material Testing 316. Removal of Concrete Items 317. Maintaining Operations of the Facility 318. Water Service Work 319. Special Insurance Requirements 320. Traffic Control Signs 321. Superintendent by Contractor 322. Work Adjacent to Trunk Water Lines 323. Safety and Health Regulations 324. Clean Air Act and Federal Water Pollution Control Act 325. Section 3 Clause 326. Termination in the Best Interest of Local Public Agency 327. Title IV DIVISION 1 - GENERAL REQUIREMENTS Section 01 11 10— Summary of Work Section 01 25 00 ~ Substitutions ‘Section 01 25 10 Substitutions Request Form ‘Section 01 26 20 — Weather Delays ‘Section 01 29 00 ~ Payment Procedures ‘Section 01 31 13 Project Coordination Section 01 31 19 — Project Mootings Section 01 33 00 - Submittals Section 01 42 00 - Reference Standards ‘Section 01 52 00 — Temporary Facilities Section 01 66 00 - Materials, Delivery, Storage and Handling Section 01 73 29 Cutting and Patching Section 01 74 00 - Cleaning Section 01 77 00 — Closeout Procedures Section 01 78 36 ~ Guarantees and Warranties DIVISION 2 - EXISTING CONDITIONS Section 02 10 00 - Site Clearing Section 02 22 50 - Earthwork for Structures and Pipelines Section 02 41 19 - Selective Demolition Section 02 52 20 - Cement Concrete Sidewalks, Driveways and Median Pavement Section 02 52 30 - Detectable Warning Strips Section 02 72 00 - Storm Sewers and Drain Systems Section 02 93 30 - Seeding PAGE 4 cDsc-3 cosc-4 cpsc-5 NANORLONAANGON GOBBELL HAYS PARTNERSGHP-08041.10 SNAP Community Center Nashville, Tennessee DIVISION 3 - CONCRETE Section 03 35 19 - Chemical Stain Floor Coating DIVISION 4 - MASONRY NOT APPLICABLE. DIVISION 5 - METALS Section 05 21 00 - Stee! Joist Framing Section 05 31 00 - Steel Decking Section 05 40 00 - Cold Formed Metal Framing Section 05 50 00 - Metal Fabrications Section 05 51 00 - Metal Stairs Section 05 52 13 - Steel Railings DIVISION 6 - WOOD, PLASTICS, AND COMPOSITES Section 06 10 00 - Rough Carpentry Section 06 22 00 - Millwork DIVISION 7 - THERMAL AND MOISTURE PROTECTION Section 07 21 16 - Blanket Insulation Section 07 22 16 - Roof Deck Insulation Section 07 27 19 - Weather Barrier Section 07 41 43 - Metal Roof Panels Section 07 42 13 - Metal Wall Panels Section 07 53 23 - Elastomeric Sheet Roofing (EPDM) Section 07 62 00 - Sheet Metal Flashing Section 07 65 13 - Laminated Sheet Flashing ‘Section 07 84 43 - Penetration Firestopping Section 07 92 00 - Sealants DIVISION 8 - OPENINGS Section 08 11 13 - Hollow Metal Section 08 14 16 - Wood Doors Section 08 36 13 - Overhead Sectional Doors Section 08 41 13 - Aluminum Entrances and Storefront Section 08 71 00 - Finish Hardware Section 08 80 00 - Glazing TABLE OF CONTENTS ROVone onowne PAGE 5 GOBBELL HAYS PARTNERSGHP-08041.10 SNAP Community Center Nashville, Tennessee DIVISION 9 - FINISHES. Section 09 29 00 - Gypsum Wallboard Section 09 65 19 - Resilient Tile Flooring Section 09 91 00 - Paint Section 09 96 56 - Epoxy Wall Coating DIVISION 10 - SPECIALTIES Section 10 28 13 - Toilet Accessories Section 10 73 16 - Prefabricated Canopy ~ END OF TABLE OF CONTENTS - TABLE OF CONTENTS Rone PAGE 6 GOBBELL HAYS PARTNERSINVITATION FOR BIDS The Metropolitan Development and Housing Agency (MDHA) will receive sealed bids at 712 South Sixth Street, Nashville, Tennessee 37206, for the Renovation of the SNAP Community Center in Nashville, TN. Bids will be opened September 22. 2010 at 2:00 p.m. in the MDHA Construction Department Conference Room, 712 South Sixth Street, Nashville, TN 37206. Plans and Specifications are on file at the offices of F.W. Dodge Corporation, Builders Exchange of Tennessee, Nashville Contractors Association, Nashville Minority Business Center, and Middle Tennessee Diversity Contractors Association all in Nashville, Tennessee. Copies of bid documents may be obtained at Imaging Technologies, 636 Division Street, Nashville, TN 37203 (615) 256-6356. Bid documents will require a $100.00 refundable deposit payable to MDHA. A pre-bid conference will be held at the MDHA Construction Department, 712 South Sixth Street, Nashville, TN 37206 on September 2, 2010 at 9:00 a.m. For additional information, call (615) 252- 8498, IB-5INSTRUCTIONS TO BIDDERS USE OF SEPARATE BID FORMS ‘These Contract Documents include a complete set of bidding and contract forms and may be detached from the Contract Documents. INTERPRETATIONS OR ADDENDUM. ‘No oral interpretation will be made to any bidder as to the meaning of the Specifications and Drawings. Every request for an interpretation shall be made in writing and any inquiry received prior to the date fixed for opening bids will be given consideration. Interpretations will be in the form of addendum, which will be on file in the office of the Local Authority before bids are opened. Every interpretation made to a bidder will be given in the form of an Addendum. In addition, all Addendums will be sent to each person holding the Specifications and Drawings, but it shall be the bidder's responsibility to make inquiry as to addendum issued. All such addendum shall become a part of the contract and all bidders shall be bound by such addendum. INSPECTION OF SITE Each bidder should visit the site of the proposed work and be fully acquainted with the existing conditions relating to construction and labor. ‘The bidder should be fully informed to the facilities involved, the difficulties and restrictions attending the performance of the Contract. ‘The bidder should thoroughly examine and be familiar with the Drawings and Specifications. The bidder by execution of the Contract, shall in no way be relieved of any obligation under it due to failure to receive or examine any form or legal instrument, or to visit the site and be acquainted with the conditions there existing. The Local Public Agency will be justified in rejecting any claim based on facts regarding which he should have been on notice as a result thereof. ALTERNATIVE BIDS Not applicable. BIDS A. All bids must be submitted on forms supplied by the Metropolitan Development and Housing Agency and shall be subject to all requirements of the Specifications, including these INSTRUCTIONS TO BIDDERS. Alll Bids must be regular in every respect and no interlineations, excision, omissions, or special conditions shall be made or included in the Bid Form by the Bidder. B. Bid Documents, including the Bid, the Affidavit of Non-Collusion and the Statement of Bidder’s Qualifications shall be enclosed in an envelope, which shall be sealed and clearly labeled with the words “Bid Documents”, Name of Bidder, 1B-6and date and time of opening in order to guard against premature opening of the Bid. C. The Metropolitan Development and Housing Agency may consider as irregular any Bid on which there is an alteration of or departure from the Bid Form hereto attached and at its option may reject same. D. The Contract will be awarded by the Metropolitan Development and Housing Agency to a responsible Bidder on the basis of the lowest responsive and responsible Base Bid. The Contract will require the completion of the work according to the Contract Documents and Working Drawings, together with all ‘Addendums thereto, Totals read at the opening of Bid are not guaranteed to be correct and the final award of contract will not be made until all Bids and extensions have been evaluated, E. Each bidder shalll include in his bid the following information: Principals: Names Social Security Numbers Home Address (including City, State, and Zip Code) Firm: Name Treasury Number Address (City, State and Zip Code) On each envelope containing a bid, the Bidder shall show name of Project, his applicable State License number, expiration date, and that part of classification applying to the Bid; otherwise, the Bid will not be opened. If work is required for plumbing HVAC, or Electrical, list on the face of the bid envelope subcontractor(s) that will perform the work and their license number, the expiration date, and license classification. If there is not work in a category, write “non-required” in the space. If the Bidder will perform that work with the Bidders own forces, so indicate. BID GUARANTY The bid must be accompanied by a bid guaranty which shall not be less than five percent (5%) of the amount of the bid, and at the option of the bidder, may be a certified check, bank draft, U.S. Government Bonds at par value, or a bid bond secured by a surety company licensed by the State of Tennessee to perform business in said state. In addition, name of surety must appear in most current U.S. Department of the Treasury Circular 570, “Surety Companies Acceptable on Federal Bonds”. Certified check or bank draft must be made payable to the order of the Metropolitan Development and Housing Agency. The bid guaranty shall insure the execution of the contract and the furnishing of performance and payment bond or bonds by the successful bidder, all as required by the Specifications. 1B-710. COLLUSIVE AGREEMENTS A. Each person submitting a bid for any portion of the work contemplated by the bidding documents shall execute the affidavit, in the form provided by MDHA, to the effect that he has not colluded with any other person, firm or corporation in regard to any bid submitted. Such affidavit shall be attached to the bid. B. The successful Bidder shall submit for each proposed subcontractor an affidavit in the form provided in Sections 103 & 104, SUBCONTRACTS under GENERAL CONDITIONS, PART I. STATEMENT OF BIDDER'S QUALIFICATIONS Each bid must be accompanied by a statement on the form furnished for that purpose, a copy of which is included in the Contract Documents, a statement of the Bidder's qualifications, his experience record in constructing the type of improvements embraced in the Contract Documents, and his organization and equipment available for the work contemplated; and, when specifically requested by the Metropolitan Development and Housing Agency, a detailed financial statement. The Agency shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform his obligations under the Contract and the Bidder shall furnish the Agency all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Agency that the Bidder is qualified to carry out properly the terms of the Contract. UNIT PRICES The unit prices for each of the items in the Proposal of each Bidder shall include its pro- rata part of overhead and be such that the whole of the unit prices will represent a balanced Bid. Any Bid not conforming to this requirement may be rejected as informal and/or irregular, The special attention of all Bidders is called to this provision, for should conditions make it necessary to revise the quantities, no limit will be fixed for such increased or decreased quantities, nor extra compensation allowed, provided the net monetary value of all such additive and subtractive changes in quantities of such items of work (ic, difference in cost) shall not increase or decrease the original contract price by ‘more than twenty-five percent (25%) except the work not covered in the Working Drawings and Technical Specifications as provided for in Section 109 - CHANGES IN THE WORK under GENERAL CONDITIONS, PART I. CORRECTIONS Erasure or other changes in the Bids must be explained or noted over the signature of the Bidder.M. 2. 13. 14. TIME FOR RECEIVING BIDS A. Bids received prior to the time of opening will be securely kept, unopened. ‘The office whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before award is made, and it is shown to the satisfaction of the officer authorized to make the award that the non-artival on time was due solely to delay in the mails for which the bidder was not responsible, such bid will be received and considered. No responsibility will attach to an officer for the premature opening of a bid not properly addressed and identified. Unless specifically authorized, telegraphic bids will not be considered, but modification by telegraph of bids already submitted will be considered if received prior to the hour set for opening and written confirmation of such ‘modification over the signature of the bidder is placed in the mail and postmarked prior to the time set for bid opening. B. Bidders are cautioned that, while telegraphic modification of bids may be received as provided above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall make the bid so modified or amended subject to rejection. OPENING OF BIDS At the time and place fixed for the opening of bids, every bid received within the time fixed for receiving bids will be opened and publicly read aloud, irrespective of any irregularities therein. Bidders and other persons properly interested may be present, in person or by representative. WITHDRAWAL OF BIDS Bids may be withdrawn on written or telegraphic request dispatched by the bidder in time for delivery in the normal course of business prior to the time fixed for opening, provided that written confirmation of any telegraphic withdrawal over the signature of the bidder is placed in the mail and postmarked prior to the time set for bid opening. The Bid Guaranty of any Bidder withdrawing his Bid in accordance with the foregoing conditions will be retumed promptly. AWARD OF CONTRACT: REJECTION OF BIDS A. The contract will be awarded to the responsive and responsible bidder submitting the lowest bid complying with the conditions of the Invitation for Bids, provided his bid is reasonable and it is the interest of MDHA to accept it. ‘The bidder to whom the award is made will be notified at the earliest practicable date. MDHA, however, reserves the right to reject any and all bids and to waive any informality in bids received whenever such rejection or waiver is in the interest of MDHA. B-9MDHA is prohibited from making any awards to contractors or accepting as subcontractors any individuals or firms which are on the lists of contractors ineligible to receive awards from the United States, as furnished by HUD. MDHA also reserves the right to reject the bid of any bidder who has previously failed to perform properly, or to complete on time, contracts of a similar nature; who is not in a position to perform the contract, or who has habitually and without just cause neglected the payment of bills or otherwise disregarded his obligations to subcontractors, material, men or employees. The ability to obtain a performance bond shall not be regarded as the sole test of such bidder's competency or responsibility. 15. EXECUTION OF AGREEMENT: PERFORMANCE AND PAYMENT BOND. A. Subsequent to the award and within ten days after the prescribed forms are presented for signature, the successful bidder shall be furnished, for execution, a contract in the form prepared in such number of counterparts as the Local Authority may require. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified above, furnish bond(s) in a penal sum of at least the full amount of the contract as awarded, in the form included in the specifications, which secured the faithful performance of the contract, and for the payment of all persons, firms or corporations to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services, of any nature, employed or used by him in performing the work. Such bond(s) shall bear the same date as, or a date subsequent to, the date of the contract, On each bond, the rate of premium shall be stated, together with the total amount of the premium charged. ‘The current power of attorney for the person who signs for any surety company shall be attached to such bond. Names of sureties must appear in most current U.S. Department of the Treasury Circular 570, “Surety Companies Acceptable on Federal Bonds”, and must be licensed to do business in the State of Tennessee, The failure of the successful bidder to execute such contract and to supply the required bonds within ten days after the prescribed forms are presented for signature, or within such extended period as MDHA may grant, based upon reasons determined adequate by MDHA, shall constitute a default; and MDHA may either award the contract to the next responsible bidder or readvertise the bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable Bid is received by readvertising, the defaulting Bidder shall have no claim against the Agency for a refund,16. 17. 18. 19, WAGE AND SALARIES A. Attention of Bidders is particularly called to the requirements concerning the payment of not less than the prevailing wage and salary rates specified in the Contract Documents and the conditions of employment with respect to certain categories and classifications of employees. See GENERAL CONDITIONS, PART IL. B. The rates of pay set forth under GENERAL CONDITIONS, PART II, are the minimum to be paid during the life of the Contract. It is therefore the responsibility of Bidders to inform themselves as to local labor conditions, such as the length of work day and work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments of rates, EQUAL EMPLOYMENT OPPORTUNITY Attention of Bidders is particularly called to the requirements for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin. (See General Conditions, Part II, Equal Employment Opportunity Clause) PRECONSTRUCTION CONFERENCE Attention to Bidders is particularly called to the preconstruction conference that will be held with the successful Bidder prior to the issuance of a Notice to Proceed. This conference will cover contract provisions pertaining to Labor Standards and Related Requirements, Equal Employment Opportunity Obligations, and any other item related to the Contract. CERTIFICATE OF NONSEGREGATED FACILITIES Notice to Bidders A. A Certification of Nonsegregated Facilities must be submitted along with every bid on a federally assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. B. Contractors receiving federally assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity clause. (See General Conditions, Part II, GC-44) Notice of Prospective Subcontractors of Requirements for Certification of Nonsegregated Facilities 1B-11A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause, Contractors receiving subcontract award exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity clause.BID FORM PROPOSAL OF: (Name of Bidder) (Address of Bidder) _ organized and existing under the laws of the State of and doing business as a (insert “a corporation”, “a partnership” or “an individual” or otherwise as applicable. TOTHE: METROPOLITAN DEVELOPMENT AND HOUSING AGENCY 712 South Sixth Street Nashville, Tennessee 37206 In compliance with your Advertisement for Bids, Bidder hereby proposes to furnish all necessary labor, machinery, tools, apparatus, materials, equipment, services and other necessary supplies, in strict accordance with the terms and conditions of plans, specifications and Contract Documents within the number of consecutive calendar days and the prices set forth below for: Renovation to SNAP Community Center By submitting this Bid, Bidder certifies that this Bid has been arrived independently, without consultation, communication or agreement as to any matter relating to this Bid with any other Bidder or with any other competitor. The Bidder agrees, upon receipt of the Notice of Award accompanies by the Contract and Agreement (C & A) and all required attachments, to cause same to be properly executed and return to the MDHA within five (5) days thereafter. Bidder further agrees, upon receipt of the Notice To Proceed, to commence work on the project immediately thereafter and to complete the project within 120 consecutive calendar days after receipt of said Notice To Proceed. The Bidder Agrees to furnish and construct all work shown on the Contract Documents for a base bid of (show amount in both words and figures): /100 Dollar, 1. In submitting this bid, it is understood that the right is reserved by the Metropolitan Development and Housing Agency to reject any and all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within sixty (60) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver a contract in the prescribed form and B-8furnish the required bond within five (5) days after the contract is presented to him for signature. Security in the sum of five percent ($ _ _, in the form of is submitted herewith in accordance with the Specifications. By signing and submitting this bid, the Contractor recognizes the requirement for 5% retainage of payment and (par. 7b, General Conditions, HUD 5370, a component part of the contract documents) and provisions of the statute T.C.A. 66-11-14, of the State of Tennessee. Attached hereto is an affidavit in proof that the undersigned has not entered into any collusion with any person in respect to this proposal or any other proposal ot the subi of proposals for the Contract for which this proposal is submitted. The bidder represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the equal opportunity clause prescribed by Executive Orders 10925, 1114 or 11246, or the Secretary of Labor that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indicating submission of required compliance reports signed by proposed subcontractor, will be obtained, prior to subcontract awards. (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause). The Bidder acknowledges that they have received the following Addendum. The modifications to the Bid Documents noted therein have been considered and all costs thereto are included in the Base Bid. ‘A. Addendum Number. dated B. Addendum Number. dated. C. Addendum Number_ dated. NOTE: The penalty for making false statement in offers is prescribed in 18 U.S.C. 1001. DATE: (NAME OF BIDDER) OFFICIAL ADDRESS: BY: TITLE: BoFORM OF PRIME CONTRACTOR NON-COLLUSIVE AFFIDAVIT AFFIDAVIT State of | ) County of _ ) , being first duly sworn, disposes and says: That he is » (a partner or Officer of the firm of, etc.) the party making the foregoing proposal or bid, that such proposal or bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price of affidavit or of any other bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against the Metropolitan Development and Housing Agency or any person interested in the proposed contract; and that all statement is said proposal or bid are true. Signature of: Bidder, if the bidder is an individual; Partner, if bidder is a partnership; Officer, if bidder is a corporation. Subscribed and sworn to before me this day of »2010 ‘My commission expires: 2010 B-10FORM OF BID BOND KNOWN BY ALL MEN BY THESE PRESENTS, That we the undersigned, (Wame of Principal) as PRINCIPAL, and as SURETY are held and firmly bound unto METROPOLITAN DEVELOPMENT AND HOUSING AGENCY, hereinafter called the Metropolitan Development and Housing Agency, in the penal sum of, Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated __,2010 for NOW, THEREFORE, if the Principal shall not withdraw said bid within the period specified thereafter the opening of the same, or, if no period be specified, within sixty (60) days after the said opening, and shall within the period therefrom, or if no period be specified within five (5) days after the prescribed forms are presented to him for signature, enter into a written contract with the Metropolitan Development and Housing Agency the difference between the amount specified in the said bid and the amount for which the Metropolitan Development and Housing Agency may procure the required work or supplies or both, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue, IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this day of | _,2010 the name and corporate seal of corporate party being affixed and those presents duly signed by its undersigned representative, Pursuant to authority of its governing body. In presence of: (SEAL) (Individual Principal) (Business Address) (Individual Principal)ATTEST: (Corporate Principal) (Business Address) BY: Affix Corporate SEAL ATTEST: (Corporate Surety) BY: ‘Affix Corporate SEAL (Power-of-Attomey for person signing for SURETY COMPANY must be attached to bond). CERTIFICATE AS TO CORPORATE PRINCIPAL » certify that Iam the of the corporation named as Principal in the within bond, that who signed the bond on behalf of the Principal was then : of said corporations; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said corporation by authority of its governing body. L B-l2FORM OF STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE (GENERAL CONTRACTOR) All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, add separate sheets of items marked (*), Name of Bidder Permanent main office address When organized Where incorporated How many years have you been engaged in the contracting business under your present firm name? * Contracts on hand: (Schedule these, showing gross amount of each contract and the appropriate dates of completion), * General character of work performed by your company. Have you ever failed to complete any work awarded to you? Have you ever defaulted on a contract? * List the more important structures recently constructed by your company, stating approximate cost for each, and the month and year completed. * List your major equipment available for this contract. Credit Available $ Banking Reference _ * Experience in construction work similar in importance to this project. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Metropolitan Development and Housing Agency? The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Metropolitan Development and Housing Agency in verification of the recitals comprising this Statement of Bidder’s Experience, Dated at this day of 2010(Name of Bidder) BY: TITLE: State of ) ) County of, ) ___., being duly swom disposes and says that he is (Name of Organization) and that the answers to the foregoing questions and alll statements therein are true and correct, Swom to before me this __ day of +2010 My commission expires: (Bidder may submit additional information if desired.) B-14|ON-COLLUSIVE AFFIDAVIT OF SUBC State of. ) ) ss: County of _ ) 7 , being first duly sworn, disposes and says: That he/she is (@ partner or officer of the firm of, etc.) the party hereinafter referred to as the “subcontractor”; that he/she is fully informed respecting the preparation and contents of the subcontractor’s Proposal submitted by the subcontractor to the contractor for certain work in connection with the That such proposal or bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price of affidavit or of any other bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against the Metropolitan Development and Housing Agency ‘or any person interested in the proposed contract; and that all statements in said proposal or bid are true, and that the price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employers, or parties in interest, including this affidavit. Signature of Subcontractor: Bidder, if an individual; Partner, if a partnership; Officer, if'a corporation, Subscribed and swom to before me this day of 2010 ‘My commission expires: _2010 BASGENERAL CONDITIONS PARTI. 101. DEFINITIONS Wherever used in any of the Contract Documents, the following meanings shall be given to the terms herein defined: a The term “Contract” means the Contract executed by the Local Public Agency and the Contractor, of which these General Conditions, Parts I and I, form a part. ‘The documents comprise the Contract as set forth in the Agreement. The terms “Local Public Agency”, “Authority”, and “The Nashville Housing Authority” mean the Metropolitan Development and Housing Agency which is authorized to undertake this project. The term “Contractor” means the person, firm, or corporation iG ) entering into the Contract with the Local Public Agency to construct and install the improvements embraced in this Construction and/or Rehabilitation Contract. The term “Project Area” means the site project area named in Special Conditions, paragraph 1. The term “Architect” means, the Architect in charge, serving the Local Public Agency with architectural or engineering services, his successor, or any other person or persons employed by said Local Public Agency for the purpose of directing or having in charge the work of Construction embraced in this Contract, the said Architect acting directly or indirectly through any Assistant Architect having general charge of the work or through any assistant having immediate charge of a portion thereof limited by the particular duties entrusted to him. The term “Local Goverment” means the Metropolitan Government of Nashville, and Davidson County, Tennessee, a municipal Corporation, within which the Project Area is situated. ‘The term “Contract Documents” means the volume which includes and the terms shall include all documents upon which bidding is based, as follows: Advertisement for Bids; Instructions to Bidders; executed copy of Bid; signed copy of Non-collusive Affidavit; copy of Agreement; Addendum; General Conditions, Parts I and II; Special Conditions; Schedule of Drawings; the Technical Specifications and the Drawings. ‘The terms “Drawings” means the drawings enumerated in the Schedule of Drawings. GC102. 103. 104, 108. i. Specifications: ‘The directions, provisions and requirements contained herein pertaining to the method and manner of performing the work or to the quantities or qualities of materials to be furnished under the contract, j. Special Provisions: The special clauses setting forth conditions or requirements peculiar to the specific project involved, supplementing the Standard Specifications with which they are in conflict. Kk. The term “Addendum(a)” means any changes, revisions or clarifications of the Contract Documents which have been duly issued by the Local Public Agency to prospective Bidders prior to the time of receiving Bids. SUPERINTENDENT BY CONTRACTOR a. Except where the Contractor is an individual and gives his personal superintendent to the work, the Contractor shall provide a competent superintendent, satisfactory to the Local Public Agency and the Architect on the work at all times during work hours with full authority to act for himvher. The Contractor shall also provide an adequate staff for the proper coordination and expediting of his/her work. b. The Contractor shall lay out his/her own work and he/she shall be responsible for all work executed by him/her under the Contract which shall be constructed as shown on the drawings. He/she shall verify all figures before proceeding with the work and will be held responsible for any error resulting from failure to do so. SUBCONTRACTS ‘The Contractor's request to the Local Public Agency for the prior approval of any subcontractor as otherwise required herein shall be accompanied with a written statement containing such information as the Local Public Agency may require concerning the experience, ability and responsibility of the proposed subcontractor and the scope of the subcontract, together with the proposed subcontractor’s non-collusion affidavit in substantially the following form: ‘Non-Collusive Affidavit of Subcontractor - See page B-15 MUTUAL RESPONSIBILITY OF CONTRACTORS. If, through acts or neglect on the part of the Contractor, or any other Contractor or any subcontractor shall suffer loss or damage on the work, the Contractor shall settle with such other Contractor or subcontractor by agreement or arbitration, if such other Contractor or subcontract will so settle. If such other Contractor or subcontractor shall assert any claim against the Local Public Agency on account of any damage alleged to have been so sustained, the Local Public Agency will notify the Contractor, who shall defend at his own expense any suit based upon claim, and, if any judgment or claims against the Local Public Agency shall be allowed, the Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith. Gc2106. 107, 108. FITTING AND COORDINATION OF THE WORK ‘The Contractor shall be responsible for the proper fitting of all work and for the operations of all trades, subcontractors, or material men engaged upon this Contract. He shall be prepared to guarantee to each of his subcontractors the locations and ‘measurements which they may require for the fitting of their work to all surrounding work. PROGRESS SCHEDULE, ‘The Contractor shall submit for approval ten (10) days after execution of the agreement, a carefully prepared Progress Schedule, showing the proposed dates of starting and completing each of the various sections of the work, the anticipated monthly payments to become due the Contractor, and the accumulated percent of progress cach month, PAYMENTS TO THE CONTRACTOR, a. Asa basis for making payment under this Contract, the Contractor shall on or about the last day of each month, prepare an approximate estimate of the value of all material on the site of the work not yet incorporated in the Improvements and total quantities of the several items of work completed to the date of said estimate by the Contractor at the unit prices stipulated in the Bid. This estimate shall be submitted on prescribed forms to the Engineer for his approval, along with a’ duplicate of each invoice for all materials on hand which are to be included in the estimate. Prior to the time of preparation of the next estimate, the Contractor shall file with the Engineer receipts from (1) all material dealers having supplied ‘materials and (2) all subcontractors having performed work, included in previous estimate showing payment of not less than ninety percent (90%) accounts. Until such receipts are filed, the value of no additional materials will be included in monthly estimates. In final form, all monthly estimates must bear the certificate of the engineer as to correctness and the approval of the Local Public Agency. The amount of such monthly estimate paid to the Contractor shall be the total sum of completed work and materials on hand, less (a) five percent (5%) of the total sum to be retained until final estimate and (b) total of previous payments; subject to submission by the Contractor of the written certifications required of him and his subcontractors by the Section CONTRACTORS CERTIFICATES under GENERAL CONDITIONS, PART IL. b. Monthly or partial payments made by the Local Public Agency to the Contractor are moneys advanced for the purpose of assisting the Contractor to expedite the work of construction. All materials and completed work covered by such monthly or partial payments shall remain the property of the Contractor and he shall be responsible for the care and protection of all materials and work upon which payments have been made. Such payments shall not constitute a waiver of the right of the Local Public Agency to require the fulfillment of all terms of the Contract complete and satisfactory to the Local Public Agency in all details. c. The final estimate giving the total value of all work required under this Contract, based upon the measured quantity of each item the Contractor by the Local Public GC-3Agency with a release in a satisfactory form of all claims against the Local Public Agency arising under and by virtue of this Contract other than such claims, if any, as may be specifically excepted by the Contractor from the operation of the release; provided, each such exception embraces no more than one claim, the basis and scope of which is clearly defined and the amount stated; and provided further, the amounts paid to the Contractor by the Local Public Agency after he shall have furnished the Local Public Agency with a release in a satisfactory form of all claims against the Agency with a release in a satisfactory form of all claims against the Local Public Agency arising under and by virtue of this Contract other than such claims, if any, as may be specifically excepted by the Contractor from the operation of the release; provided, each such exception embraces no more than one claim, the basis and scope of which is clearly defined and the amount stated; and provided further, the amounts of such excepted claims are not included in the voucher for final payment. The Local Public Agency, before paying the final estimate, may require the Contractor to furnish releases or receipts from all subcontractors having performed any work and all persons having supplied materials, equipment (installed on the Project) and services to the Contractor, if the Local Public Agency deems the same necessary in order to protect its interest The Local Public Agency, however, may if it deems such action advisable, make Payment in part or in full to the Contractor without requiring the furnishing of such releases or receipts and any payments so made shall in no way impair the obligations of any surety or sureties furnished under this Contract. The Local Public Agency may withhold from any payment otherwise due the Contractor so much as may be necessary to protect the Local Public Agency and if it so elects may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material furnished by them, The foregoing provisions shall be construed solely for the benefit of the Local Public Agency and will not require the Local Public Agency to determine or adjust any claims or disputes between the Contractor and his subcontractors or material dealers, or to withhold any monies for their protection unless the Local Public Agency elects to do so. The failure or refusal of the Local Public Agency to withhold any monies from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract, Withholding of any amount due to Local Public Agency under Paragraph 304 “Liquidated Damages” under Special Conditions, shall be deducted from the final payment to the Contractor. 109. CHANGES IN THE WORK a The Local Public Agency may make changes in the scope of the work required to be performed by the Contractor by making revisions in Drawings or making additions thereto, or by omitting work therefrom, without invalidating the Contract, and without relieving or releasing the Contractor from any of his obligations under the Contract or any guarantee given by him pursuant to the Gc4Contract Provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise. Except for the purpose of affording protection against any emergency endangering life or property, the Contractor shall make no change in the specified manner for proceeding with the work required for the execution of this Contract, unless in pursuance of a written order from the Authority authorizing the Contractor to proceed with the change, No claim for an adjustment of the Contract Price will be valid unless so ordered. If applicable, unit prices are contained in the Contract Documents (established as a result of either a unit price bid or a Supplemental Schedule of Unit Prices submitted with a lump sum bid) the Agency shall order the Contractor to proceed with desired changes in the work, the value of such changes to be determined by the measured quantities involved and the applicable unit prices; provided, that in case of a unit price contract the net value of all changes does not increase or decrease the original total amount shown in the Contract by more than twenty-five percent (25%). If applicable, unit prices are not contained in the Contract or if the total net changes increase or decrease, the total Contract Price more than twenty-five percent (25%), the Agency shall, before ordering the Contractor to proceed with desired changes, request an itemized proposal from him covering the work involved in the change after which the procedure shall be as follows: (1) If the proposal is acceptable the Agency will prepare the change order in accordance therewith for acceptance by the Contractor, and (2) If the proposal is not acceptable and prompt agreement between the two parties cannot be reached, the Agency may order the Contractor to proceed with the work on a cost-plus limited basis. A cost-plus-limited basis is defined as the net cost of the Contractor's labor, materials and insurance plus fifteen percent (15%) of said net cost to cover overhead and profit, the total cost not to exceed a specified limit. Each change order shall include in its final form (1) a detailed description of the change in the work, (2) the Contractor's proposal, if any, or a conformed copy thereof, (3) a definite statement as to the resulting change in the Contract Price and/or Time, and (4) the statement that all work involved in the change shall be performed in accordance with Contract requirements except as modified by the Change Order. Subject to the provisions of Sections (110) CLAIMS FOR EXTRA COST AND (111) TERMINATION: DELAYS: AND LIQUIDATED DAMAGES under GENERAL CONDITIONS, PART I, justifiable extensions of Contract time because of changes ordered will be granted by the Local Public Agency. GCs110. CLAIMS FOR EXTRA COST If the Contractor claims that any instructions by Drawings, otherwise involve extra costs or extension of time, he shall, within ten days after receipt of such instructions, and in any event before proceeding to execute the work, submit his protest thereto in writing to the Local Public Agency, stating clearly and in detail the basis of his objections. No such claim will be considered unless so made. Claims for additional compensation for extra work, due to alleged errors in ground elevations, contour lines, or bench marks, will not be recognized unless accompanied by certified survey data, made prior to the time the original ground was disturbed, clearly showing that errors exist which resulted, or would result, in handling more material, or performing more work, than would be reasonably estimated from the Drawings. Any discrepancies which may be discovered between actual conditions and those represented by the Drawings shall at once be reported to the Local Public Agency and work shall not proceed except at the Contractor's risk, until written instructions have been received by him from the Local Public Agency. If, on the basis of the available evidence, the Local Public Agency determines that an adjustment of the Contract Price or Time is justifiable, the procedure shall then be as provided in Section 109 CHANGES IN THE WORK under GENERAL CONDITIONS, PART I. Ill. TERMINATION: DELAYS: AND LIQUIDATED DAMAGES a, Termination of Contract. If the Contractor refuses or fails to prosecute the work with such diligence as will insure its completion within the time specified in these Contract Documents, plus any extension thereof as provided in these Contract Documents, the Local Public Agency, by written notice to the Contractor, may terminate the Contractor's right to proceed with the work. Upon such termination, the Local Public Agency may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor and his sureties shall be liable to the Local Public Agency for any additional cost incurred by the Local Public Agency in its completion of the work and they shall also be liable to the Local Public Agency for liquidated damages for any delay in the completion of the work as provided below. If the Contractor's right to proceed is terminated, the Local Public Agency may take possession of and utilize in completing the work such materials, tools, equipment, and plans as may be on the site of the work and necessary therefore. Liquidated Damages for Delays. If the work is not completed within the time stipulated in Section (302) TIME FOR COMPLETION under SPECIAL CONDITIONS, including any extensions of time for excusable delays as herein provided, the Contractor shall pay to the Local Public Agency, as fixed, agreed, and liquidated damages (it being impossible to determine the actual damages caused by the delay), for each calendar day of delay until the work is completed the amount as set forth in Section (304) LIQUIDATED DAMAGES under GC-6112, SPECIAL CONDITIONS and the Contractor and his sureties shall be liable to the Local Public Agency for the amount thereof. c. Excusable Delays. The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any delays in the completion of the work due to: (2) any acts of the Government, including controls or restrictions upon or requisitioning of materials, equipment, tools, or by reason of war, National Defense, or any other national emergency; (2) any act of the Local Public Agency; (3) causes not reasonably foreseeable by the parties to this Contract at the time of the execution of the Contract which are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of another contractor in the performance of some other contract with the Local Public Agency, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and (4) any delay of any subcontractor occasioned by any of the causes specified in subparagraphs (1), (2), and (3) of this paragraph C, provided, however, that the Contractor promptly notifies the Local Public Agency within ten (10) days in writing the cause of the delay. Upon receipt of such notification, the Local Public Agency shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and the terms of this Contract, the delay is properly excusable, the Local Public Agency shall extend the time for completing the work for @ period of time commensurate with the period of excusable delay. ASSIGNMENT OR NOVATION ‘The Contractor shall not assign or transfer, either by an assignment or novation, any of its rights, duties, benefits, obligations, liabilities or responsibilities, under this Contract without the written consent of the Local Public Agency; provided, however, that assignments to banks, trust companies, or other financial institutions may be made without the consent of the Local Public Agency. No assignment or novation of this Contract shall be valid unless the assignment or novation expressly provides that the assignment of any of the Contractor's rights or benefits under the Contract is subject to the prior lien for labor performed, services rendered and materials, tools, and equipment supplied for the performance of the work under this Contract in favor of all persons, firms or corporations rendering such labor or services or supplying such materials, tools, or equipment. GC7113. 114, 11s, DISPUTES All disputes arising under this Contract or its interpretation except those disputes covered by FEDERAL LABOR STANDARDS PROVISIONS under GENERAL CONDITIONS, PART I], whether involving law or fact or both, or extra work, and all claims for alleged breach of Contract shall within ten (10) days of commencement of the dispute be presented by the Contractor to the Local Public Agency for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim, but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, the Contractor shall proceed with the work as directed, Any claim not presented within the time limit specified within this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten days of its commencement, the claim will be considered only for a period commencing ten (10) days prior to the receipt by the Local Public Agency or notice thereof. The Contractor shall submit in detail his claim and his proof thereof, Each decision by the governing body of the Local Public Agency will be in writing and will be mailed to the Contractor by registered mail, retum receipt requested. If the Contractor does not agree with any decision of the Local Public Agency, he shall in no case allow the dispute to delay the work, but shall notify the Local Public Agency promptly that he is proceeding with the work under protest and he may then accept the matter in question from the final release TECHNICAL SPECIFICATIONS AND DRAWINGS Anything mentioned in the Technical Specifications and not shown on the Drawings or shown on the Drawings and not mentioned in the Technical Specifications shall be of like effect as if shown on or mentioned in both. In case of difference between Drawings and Technical Specifications, the Technical Specifications shall govern, In case of any discrepancy in Drawings or Technical Specifications, the matter shall be immediately submitted to the Local Public Agency, without whose decision said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense. SHOP DRAWINGS a Alll required shop drawings, machinery details, layout drawings, etc., shall be submitted to the Engineer in three copies for approval sufficiently in advance of requirements to afford ample time for check, including time for correcting, resubmitting, and rechecking if necessary. The Contractor may proceed only at his own risk with manufacture or installation of any equipment for work covered by said shop drawings, etc., until they are approved, and no claim by the Contractor for extension of the Contract Time will be granted by reason of his failure in this respect. GCs116. 117. b. Any drawings submitted without the Contractor's stamp of approval will not be considered and will be returned to him for proper resubmission. If any drawings show variations from the requirements of the Contract because of standard shop practice or other reason, the Contractor shall make specific mention of such variation in his letter of transmittal in order that, if acceptable, suitable action may be taken for proper adjustment of Contract Price and/or Time; otherwise, Contractor will not be relieved of the responsibility for executing the work in accordance with the Contract, even though the drawings have been approved. Ifa shop drawing is in accord with the Contract or involves only a minor adjustment in the interest of the Local Public Agency not involving a change in Contract Price or Time, the Engineer may approve the drawing. The approval shall be general, shall not relieve the Contractor from his responsibility for adherence to the Contract or for any error in the drawing and shall contain in substance the following: “The modification shown on the attached drawing is approved in the interest of the Local Public Agency to effect an improvement for the Project and is ordered with the understanding that it does not involve any change in the Contract Price or Time; that it is subject generally to all Contract stipulations and covenants; and that it is without prejudice to any and all rights of the Local Public Agency under the Contract and surety bond or bonds.” 4 The approval of shop drawings will be general and shall not relieve the Contractor from the responsibility for adherence to the Contract, nor shall it relieve him of the responsibility for any error which may exist. REQUESTS FOR SUPPLEMENTARY INFORMATION It shall be the responsibility of the Contractor to make timely requests of the Local Public Agency for any additional information not already in his possession which should be furnished by the Local Public Agency under the terms of this Contract, which he will require in the planning and execution of the work. Such requests may be submitted from time to time as the need is approached, but each shall be filed in ample time to permit appropriate action to be taken by all parties involved so as to avoid delay. Each request shall be in writing, and list of various items and the latest date by which each will be required by the Contractor. The first list shall be submitted within two weeks after Contract award and shall be as complete as possible at that time. The Contractor shall, if requested, furnish promptly any assistance and information the Engineer may require in responding to these requests of the Contractor. The Contractor shall be fully responsible for any delay in his work or to others arising from his failure to comply fully with the provisions of this Section. MATERIALS AND WORKMANSHIP a, Unless otherwise specifically provided for in the Technical Specifications, all workmanship, equipment, materials and articles incorporated in the work shall be new and the best grade of the respective kinds for the purpose. Where equipment materials, articles or workmanship are referred to in the Technical Specifications Gc-9118. as “equal to” any particular standard, the Engineer shall decide the question of equality. The Contractor shall furnish to the Local Public Agency for approval the manufacturer's detailed specifications for all machinery, mechanical and other special equipment which he contemplates installing, together with full information as to type, performance characteristics, and all other pertinent information as required, and shall likewise submit for approval as required full information conceming all other materials or articles which he proposes to incorporate in the work, (See Section (118) SAMPLES, CERTIFICATES AND. TEST under GENERAL CONDITIONS, PART I.) Machinery, mechanical and other equipment, materials or articles installed ot used without such prior approval shall be at the risk of subsequent rejection. Materials specified by reference to the number or symbol of a specified standard, such as an A.S.T.M. Standard, a Federal Specification, or other similar standard shall comply with requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of the Advertisement for Bids, except as limited to type, class or grade, or modified in the Technical Specifications shall have full force and effect as though printed therein. The Local Public Agency may require the Contractor to dismiss from the work such employee as the Local Public Agency or the Engineer may deem incompetent, or careless, or insubordinate. SAMPLES, CERTIFICATES AND TEST a. The Contractor shall submit all material or equipment samples, certificates, affidavits, ctc., as called for in the Contract documents or required by the Engineer, promptly after award of the Contract and acceptance of the Contractor's bond. No such material or equipment shall be manufactured or delivered to the site, except at the Contractor's own risk, until the required samples or certificates have been approved in writing by the Engineer. Any delay in the work caused by late or improper submission of samples or certificates for approval shall not be considered just cause for an extension of the Contract Time. Each sample submitted by the Contractor shall carry a label giving the name of the Contractor, the project for which it is intended, and the name of the producer. The accompanying certificate or letter from the Contractor shall state that the sample complies with Contract requirements, shall give the name and brand of the product, its place or origin, the name and address of the producer and all specifications or other detailed information which will assist the i passing upon the acceptability of the sample promptly. It shall also include the statement that all materials or equipment furnished for use in the project will comply with the samples and/or certified statements. Approval of any materials shall be general only and shall not constitute a waiver of the Local Public Agency's right to demand full compliance with Contract GC-10requirements. After actual deliveries, the Engineer will have such check tests made as he deems necessary in each instance and may reject materials and equipment and accessories for cause, even though such materials and articles have been given general approval. If materials, equipment or accessories which fail to meet check tests have been incorporated in the work, the Engineer will have the right to cause their removal and replacement by proper materials or to demand and secure such compensation by the Contractor as is equitable. Except as otherwise specifically stated in the Contract, the costs of sampling and testing will be divided as follows: (1) The Contractor shall furnish without extra delivery charges, all samples required for tes samples taken on the project by the Engineer; st, including packing and purposes, except those (2) The Contractor shall assume all costs of re-testing materials which fail to meet Contract requirements; (3) The Contractor shall assume all costs of testing materials offered in substitution for those found deficient; and (4) The Local Public Agency will pay all other expenses. 119. PERMITS AND CODES a, The Contractor shall give all notices required by and comply with all applicable laws, ordinances, and codes of Local Government. All construction work and/or utility installations shall comply with all applicable ordinances and codes or as such may be amended by waivers, Before installing any work, the Contractor shall examine the Drawings and Technical Specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancy to the Local Public Agency. Where the requirements of the Drawings and Technical Specifications fail to comply with such applicable ordinances or codes, the Local Public Agency will adjust the Contract by Change Order to conform to such ordinances of codes (unless waivers in writing covering the difference have been granted by the Local Government or department) and shall make appropriate adjustment in the Contract Price or stipulated unit prices, Should the Contractor fail to observe the foregoing provisions and construct work and/or install any utility at variance with any applicable ordinance or code, or with such as amended by waivers (notwithstanding the fact that such installation is in compliance with the Drawings and Technical Specifications), the Contractor shall remove such work without cost to the Local Public Agency, but a Change Order will be issued to cover only the excess cost the Contractor would have been entitled to receive if the change had been made before the Contractor commenced work on the items involved. ‘The Contractor shall at his own expense secure and pay to the appropriate department of the Local Government the fees or charges for all permits, for street GCLpavements, sidewalks, sheds, removal of abandoned water taps, sealing of house connection drains, pavement cuts, building, electrical, plumbing, water, gas, and sewer permits required by the local regulatory body or any of its agencies. The Contractor shall comply with applicable local laws and ordinances governing the disposal of surplus excavation, materials, debris, and rubbish on or off the Project Area and commit no trespass on any public or private property in any operation due to or connected with the improvements embraced in this Contract, 120. CARE OF WORK a. The Contractor shall be responsible for all damages to person of property that occur as a result of his fault or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance, whether or not the same has been covered in whole or in part by payments made by the Local Public Agency. In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorization from the Local Public Agency, is authorized to act at his discretion to prevent such threatened loss or injury, and he shall so act. He shall likewise act if instructed to do so by the Local Public Agency. Any compensation claimed by contractor on account of such emergency work will be determined by the Local Public Agency as provided in the Section (109) CHANGES IN THE WORK under GENERAL. CONDITIONS, PART I. The Contractor shall avoid damage as a result of his operations to existing sidewalks, street, curbs, pavements, utilities (except those which are to be replaced or removed under this Contract), adjoining property, etc., and he shall at his own expense completely repair any damage thereto caused by his operation. The Contractor shall shore up, brace, underpin, secure and protect as may be necessary all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of the site which may be in any way affected by the excavations of other operations connected with the construction of the improvements embraced in this Contract, The Contractor shall be responsible for giving of any and all required notices to any adjoining or adjacent property owner or other party before the commencement of any work. The Contractor shall indemnify and save harmless the Local Public Agency from any damages on account of settlements or the loss of lateral support of adjoining property and from all loss or expense and all damages for which the Local Public Agency may become liable in consequence of such injury or damage to adjoining and adjacent structures and premises. 121, ACCIDENT PREVENTION a, ‘The Contractor shall exercise proper precaution at all times for the protection of persons and property. The safety provisions of applicable laws and building GC-12122, 123. 124, construction codes shall be observed, and the Contractor shall take or cause to be taken such additional safety and health measures as the Local Public Agency may determine to be reasonably necessary. Machinery, equipment, and all hazards shall be guarded and all trenches braced and sheeted in accordance with the safety provisions of the “Manual of Accident Prevention in Construction” published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with the applicable Federal, state, and local laws. b. The Contractor shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work arising out of an in the course of employment on work under the Contract. The Contractor shall promptly furnish the Local Public Agency with reports concerning these matters. ¢. The Contractor shall indemnify and save harmless the Local Public Agency from any claims for damages resulting from personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this Contract. SANITARY FACILITIES The Contractor shall furnish, install, and maintain ample sanitary facilities for the workmen. As the need arises, a sufficient number of enclosed temporary toilets shall be placed as required by sanitary codes of the State and Local Government. Drinking water shall be provided from an approved source, so piped or transported as to keep it safe and fresh, and served from single service containers or satisfactory types of drinking stands or fountains, All such facilities and services shall be furnished in strict accordance with existing and governing health regulations. USE OF PREMISES a. The Contractor shall confine his equipment, storage of materials, and construction operations to dedicated public ways or easements within the contract Limits as shown on the Drawings and as prescribed by ordnance’s or permits or as may be directed by the Local Public Agency, and shall not unreasonably encumber the site or public rights of the way his materials and construction equipment, provided, however, that the Contractor will be permitted and encouraged to rent private land for these purposes if such land does not violate municipal zoning ordinances. b. The Contractor shall comply with all reasonable instructions of the Local Public Agency and the ordinances and codes of the Local Government, regarding signs, advertising, traffic, fires, explosives, danger signals, and barricades. REMOVAL OF DEBRIS, CLEANING, ETC. ‘The Contractor shall, periodically or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the Project ‘Area and public rights-of-way reasonably clear. Upon completion of the work, he shall GC-13125. remove all temporary construction facilities, debris and unused materials provided for the work, and put the whole site of the work and public rights-of-way in a neat and clean condition. Trash burning on the site of the work will be subject to prior approval of the Local Public Agency and existing State and Local regulations. With the consent of the Local Public Agency, the Contractor may use suitable debris for specified fill. Perishable materials must not become a part of any fill placed or left on the site. INSPECTION a. All materials and workmanship shall be subject to inspection, examination, of test. by the Local Public Agency and the Engineer at any and all times. during manufacture of construction and at any and all places where such manufacture ot construction is carried on. The Local Public Agency shall have the right to reject defective material and workmanship or require its correction. Unacceptable workmanship shall be satisfactorily corrected at the Contractor's entire expense. Rejected material shall be promptly segregated and removed from the Project Area and replaced with material of specified quality without charge therefore. If the Contractor fails to proceed at once with the correction of rejected workmanship or defective material, the Local Public Agency may by contract or otherwise have the defects remedied or rejected materials removed from the Project Area and charge the cost of the same against any moneys which may be due the Contractor, without prejudice to any other rights or remedies of the Local Public Agency. b. The Contractor shall furnish promptly all materials reasonably necessary for any tests which may be required. (See Section (118) SAMPLES, CERTIFICATES AND TESTS, under the GENERAL CONDITIONS, PART I). All tests by the Local Public Agency will be performed in such manner as not to delay the work unnecessarily and shall be made as described in the Technical Specifications, c. The Contractor shall notify the Local Public Agency sufficiently in advance of back filling or concealing any facilities to permit proper inspection. If any facilities are concealed without approval or consent of the Local Public Agency, the Contractor shall uncover for inspection and recover such facilities at his own expense when so requested by the Local Public Agency. Should it be considered necessary or advisable by the Local Public Agency at any time before final acceptance of the entire work to make an examination of work already completed, by uncovering the same, the Contractor shall on request promptly furnish all necessary facilities, labor, and material, If such work is found to be defective in any important or essential respect, he shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement, plus 15 percent (15%) of such costs to cover superintendence, general expenses and profit, shall be allowed the Contractor and he shall, in addition, if completion of GC-14126, 127. 128, the work of the entire Contract has been delayed thereby, be granted a suitable extension of time on account of the additional work involved. Inspection of materials and appurtenances to be incorporated in the Improvements embraced in this Contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the Contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the Project Site. Neither inspection, testing, approval nor acceptance of the work, in whole or in part, by the Local Public Agency or its agents shall relieve the Contractor or his sureties of full responsibility for materials furnished or work performed not in strict accordance with the Contract, REVIEW BY LOCAL PUBLIC AGENCY The Local Public Agency, its authorized representatives and agents and the DHUD-Representatives for the Secretary (as defined under GENERAL CONDITIONS, PART II) - shall, at all times, have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract provided, however, that all instructions and approval with respect to the work will be given to the Contractor only by the Local Public Agency through its authorized representatives or agents. FINAL INSPECTION When the Improvements embraced in this Contract are substantially completed, the Contractor shall notify the Local Public Agency in writing that the work will be ready for final inspection on a definite date which shall be stated in the notice. The notice will be given at least ten (10) days prior to the date stated for final inspection, and bear the signed concurrence of the representative of the Local Public Agency having charge of inspection. If the Local Public Agency determines that the status of the Improvements is as represented, it will make the arrangements necessary to have final inspection commenced on the date stated in the notice, or as nearly thereafter as is practicable. The inspection party will also include the DHUD Representative and representatives of each department of the Local Government having in charge Improvements of like character when such Improvements are later to be accepted by the Local Government. DEDUCTION FOR UNCORRECTED WORK If the Local Public Agency deems it not expedient to require the Contractor to correct work not done in accordance with the Contract Documents, and equitable deduction from GC-15129. the Contract Price will be made by agreement between the Contractor and the Local Public Agency and subject to settlement, in case of dispute, as herein provided. INSURANCE Before commencing work, the Contractor and each subcontractor shall furnish the MDHA with certificates of insurance showing the following insurance is in force and will insure all operations under the Contract: a. The Contractor shall cary or require that there be carried Workinen's Compensation Insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with the Workmen's Compensation Laws of the State of Tennessee. b, The Contractor shall carry or require that there be carried Manufacturers’ and Contractor's Public Liability Insurance with limits of $1,000,000 to protect the Contractor and his subcontractors against claims for injury to or death of one or more than one person because of accidents which may occur or result from operations under the Contract; such insurance shall cover the use of all equipment, including, but not limited to, excavating machinery, trenching machines, cranes, hoists, rollers, concrete mixers, motor vehicles, etc., in the construction of the Improvements embraced in this Contract. c. The Contractor shall carry, during the life of the Contract, Property Damage Insurance in an amount of not less than $50,000 to protect him and his subcontractors from claims for property damage which might arise from operations under the Contract. 4 All such insurance shall hold harmless the Authority against all suits and claims arising from or as the result of the operations of the Contractor or his subcontractors. e. Before commencing work, the Contractor shall furnish the MDHA with a certificate of insurance evidencing that Builder’s Risk (fire and extended coverage) insurance on all work in place and/or materials stored at the building site, including foundations and building equipment, is in force. The Builder's Risk Insurance shall be for the benefit of the Contractor and the MDHA as their interests may appear and each shall be named in the policy or policies as an insured. The Contractor in installing equipment supplied by the MDHA shall carry insurance on such equipment from the time the Contractor takes possession. thereof until the Contract work is accepted by the MDHA, The Builders Risk Insurance need not be carried on excavations, piers, footings, or foundations until such time as work on the superstructure is started. It need not be carried on Landscape Work. Policies shall furnish coverage at all times for the full cash value of all completed construction, as well as materials in place and/or stored at the site(s), whether or not partial payment has been made by the MDHA. The Contractor may terminate this insurance on buildings as of the date taken over for occupaney by the MDHA. GC-16130. 131. 132. f All insurance shall be carried with companies which are financially responsible and admitted to do business in the State of Tennessee. If any such insurance is due to expire during the construction period, the Contractor (including subcontractors, as applicable) shall not permit the coverage to lapse and shall furnish evidence of coverage to the Contracting Officer. All certificates of insurance, as evidence of coverage, shall provide that no coverage may be canceled or non-renewed by the insurance company until at least 30 days prior to written notice has been given to the Contracting Officer. Contractor and all subcontractors will list MDHA as the Certificate Holder and as additional insured on all insurance certificates. PATENTS The Contractor shall hold and save the Local Public Agency, its officers, and employees harmless from liability of any nature or kind, including costs and expenses, for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the Contract, including its use by the Local Public Agency, unless otherwise specifically stipulated in the Technical Specifications. WARRANTY OF TITLE. ‘No materials, supplies, or equipment for the work shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller of supplier. The Contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed thereon by him to the Local Public Agency free from any claims, liens, or charges. Neither the Contractor nor any persons, firm or corporation furnishing any material or labor for any work covered by this Contract shall have any right to a lien upon any improvements or appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the Contractor for their protection or any rights under any law permitting such persons to look to funds due the Contractor in the hands of the Local Public Agency. ‘The provisions of this paragraph shall be inserted in all subcontracts «nd material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. GENERAL GUARANTY Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of the Improvements embraced in this Contract by the Local Public Agency or the public shall constitute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the work and pay for any damage to other work resulting therefrom which shall appear within a period of one (1) year from the date of final acceptance of the work. The Local Public Agency will give notice of defective materials, and work with reasonable promptness. GC-17133. 134, LICENSE It will be necessary for each bidder, whether a resident or non-resident of the State of Tennessee, to show evidence of a General Contractor's license before submitting a bid, in accordance with the provisions of Chapter 135 of the Public Acts of the General Assembly of the State of Tennessee for the year 1945, same being Sections 7182.23 to 7182.40, inclusive, of the 1950 Supplement to the Code of Tennessee. STAKING WORK It shall be the responsibility of the Contractor to construct all work in strict conformity with the plans and specifications and to the required lines and grades. No deviation shall be made from the above planned requirements without written authority from the Engineer. The Engineer will provide only the baseline or centerline points and control datum for ‘general layout of the project. The Contractor shall set all necessary construction stakes which will be subject to random checking by the Engineer. The Engineer will make a detailed check of the Contractor's actual layout or staking or individual items when specifically requested to do so in writing. GC-18THE METROPOLITAN DEVELOPMENT AND HOUSING AGENCY GENERAL CONDITIONS PART IL FEDERAL REQUIREMENTS FOR THE U.S. DEPT. OF HOUSING AND URBAN DEVELOPMENT. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Applicable regulations of the following requirements take precedence over conflicting requirements found elsewhere in these specifications. 201. 202. 203. APPLICABILITY The Project or Program to which the work covered by this Contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. MINIMUM WAGE RATES FOR LABORERS AND MECHANICS All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti-Kickback Act hereinafter identified), the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is attached and herein incorporated by reference), regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides and secures satisfactory facilities approved by the Local Public Agency or Public body for the cashing of the same without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section | (b) (2) of the Davis-Bacon Act on behalf of laborers or mechanics, subject to the provisions on behalf of laborers or mechanics, subject to the provisions of Section 5.5 (a) (1) (iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. UNDERPAYMENTS OF WAGES OR SALARIES In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by the Contractor or subcontractor upon the work covered by this, Contract, the Local Public Agency or Public Body in addition to such other rights as may be afforded to it under this Contract shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the Local Public Agency or Public GC-19204. 208. Body may consider necessary to pay such laborers or mechanics the full amount of wage required by this Contract. This amount so withheld may be disbursed by the Local Public Agency or Public Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. ANTICIPATED COSTS OF FRINGE BENEFITS If the Contractor does not make payments to the trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract: Provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency or Public Body with the first payroll filed by the Contractor subsequent to receipt of the findings OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (76 Stat. 357-360: Title 40 U.S.C., Sections 327-332) a. Qvertime requirements: No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any work week in which he is employed on such work to work in excess of forty (40) hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of forty (40) hours in such work week, as the case may be. b. Violation: Liability for unpaid wages liquidated damages. In the event of any Violation of the clause set forth in paragraph (a), the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violations of the clause set forth in paragraph (a), in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (a). c. Withholding for liquidated damages. The Local Public Agency or Public Body shall withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Gc-20Contractor or subcontractor for liquidated damages as provided in the clause set, forth in paragraph (b). Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in paragraph (a), (b), and (c) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 206. EMPLOYMENT OF APPRENTICES/TRAINEES a Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first ninety (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. The allowable ratio of apprentices to joumeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision (b) of this subparagraph or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The Contractor or subcontractor will be required to furnish to the contracting officer or a representative of the Wage-Hour Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the joumeyman hourly rates), for the area of construction prior to using any apprentices on the contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the joumneymen's rate contained in the applicable wage determination, Trainees. Except as provided in 29 CFR 5.15 trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll as a trainee who is not registered and participating in a training plan approved by the Bureau of Apprenticeship and ‘Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The Contractor or Gc-21207. 208. 209. 210. subcontractor will be required to furnish the contracting officer or a representative of the Wage-Hour Division of the U.S. Department of Labor written evidence of the certification of his program, the registration of the trainees, and the ratios and. wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal Employment Opportunity. The utilization of apprentices, trainees and joumeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFS Part 30. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen (16) years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. REGULATIONS PURSUANT TO SO-CALLED “ANTI-KICKBACK ACT” The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called “Anti-Kickback Act” of June 13, 1934 (48 Stat. 948: 62 Stat. 862; Title U.S.C. Section 874: and Title 40 U.S.C., Section 276c), and any amendments or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the requirements thereof, EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISION Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract will be classified or reclassified conformably to the wage determination by the Local Public Agency or Public Body, and a report of the action taken shall be submitted by the Local Public Agency or Public Body, through the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the Local Public Agency or Public Body shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for final determination. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES Gc-22211. 212. 213, 214, ‘The Local Public Agency or Public Body shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is obligated to pay cash equivalent of such a fringe benefit, the question, accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for determination. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classification of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from ‘wages actually earned by persons so employed or to be employed in such classifications, shall be posted at appropriate conspicuous points at the site of the work. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. CLAIMS AND DISPUTES PERTAINING TO WAGE RAGES Claims and disputes pertaining to wage rates or to classifications or laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the Local Public Agency or Public Body for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS Al questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti-Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent Federal statute, shall be referred, through the Local Public Agency or Public Body and the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purpose of this Contract. GC-23215. 216. 217. PAYROLL AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit weekly to the Local Public Agency or Public Body one original certified payroll of the Contractor and of the subcontractors, is being ‘understood that the Contractor shall be responsible for the submission of payrolls of all subcontractors. Each such payroll shall contain the “Weekly Statement of Compliance” set forth in Section 3.3 of Title 29, Code of Federal Regulations. ‘The payrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and ‘mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of three (3) years thereafter. Such payrolls and basic payroll records shall contain a name and address of each such employee, his/her correct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1 (b) (2) of the Davis-Bacon Act, daily and weekly number of hour worked, deductions made, and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5 (a) (1) (iv) of Title 29, Code of Federal Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b) (2) (B) of the Davis-Bacon Act, the Contractor or subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. The Contractor and each subcontractor shall make his employment records with respect to persons employed by him upon the work covered by this Contract available for inspection by authorized representatives of the Secretary of Housing and Urban Development, the Local Public Agency or Public Body, and the United States Department of Labor. Such representatives shall be permitted to interview employees of the Contractor or of any subcontractor during work hours on the job. Each employer that is subject to the provisions of this section shall provide to cach employee, with the first payroll check, a written document which includes the name of the contract project, the classification of the employee and the wage rate for such job. Each employer shall maintain a written acknowledgement of the receipt by each employee of such document with its payroll records, SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or any subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or by any subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable. INELIGIBLE SUBCONTRACTORS GC-24218. 219. The Contractor shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted without the Local Public Agency's or Public Body's prior written approval of the subcontractor for work covered by this Contract who is at the time ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, United States Department of Labor or the Secretary of Housing and Urban Development, to receive an award of such subcontract. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS ‘The Contractor shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the subcontractors to include such provisions in any lower tier subcontracts which they may enter into, together with a clause requiring such insertion in any further subcontracts that may in tum be made, BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public Body reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shail breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. GC-25FEDERAL LABOR STANDARDS PROVISIONS US. Dept. of HUD 4810 Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. (2) Minimum Wage. (1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once each 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 CER Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Housing and Urban Development which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and ‘mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers and mechanics are considered ages paid to such laborers and mechanics, subject the provisions of 29 CFR 5.5(a)(1)(iv);_ also regular contributions made or costs incurred for m ore than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively ‘made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers and mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WM-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and ‘wage rate only when all the following criteria have been met: (i(@)(1)_ The work to be performed by the classification required is not performed by a classification in the wage determination, (2) The classification is utilized in the area by the industry; and GC-26() © @ 2. (3) The proposed wage rate bears a reasonable relationship to the wage rates contained in the wage determination. If the Contractor and the laborers and mechanics to be employed in the classification (if known) or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approval by the Office of Management and Budget under OMB Control Number 1215-140). In the event the Contractor, the laborers and mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD ot its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OHB Control Number 1215. 0140). The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification, (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers and mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) Ifthe contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OHB Control Number 1214-0140). Withholding. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be GC-27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 ot 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, HUD or its designee may, after written notice to the Contractor, 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. HUD or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts, (@ Payroll and basic records. (1) Payroll 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 (or, under the United States Housing Act of 1937 or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address and social security number of each worker, his or her correct classification, hourly rates of wages paid (including rates of contributions and costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers and mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits, Contractor employing apprentices or trainees under approved programs shall maintain 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. (Approved by the Office of Management and Budget under OHB Control Numbers 1215-0140 and 1214-0017). w@ The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not GC28() © @ such a party, the Contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CER Part 5.5(a)(3)(i). This information may be submitted in any form desired, Optional Form WH-347 is available for this purpose from the Superintendent of Documents (Federal Stock Number 029-005-00014- 1) US. Government Printing Office, Washington, D. C. 20402. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OHB Control Number 1215-0149). Each payroll submitted shall be accompanied by a “Statement of Compliance”, signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the following persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete; (2) that each laborer or mechanic (including apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages eamed, other than permissible deductions as set forth in 29 CFR Part 3; and (3) that each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirements for submission of the “Statement of Compliance” required by paragraph A.3.(ii)(o) of this section. The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) ‘The Contractor or subcontractor shall make the records required under paragraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or the PHA and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or make them available, HUD or its designee may, after written notice to the Gc-29@ @ Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CER Part 5.12. Apprentices and Trainees. Apprentices will be permitted to work at less than the predetermined rate for the work 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 deen certified by the Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeyman on the job site in any craft classification shall not be greater than permitted under the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in this paragraph, shall bbe paid not less than applicable wage rate for the classification of work actually performed. In addition any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than applicable wage rate for the classification of work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’ hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the joumeyman hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved, GC-30(ii) 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 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 journeyman shall not be greater than permitted under the plan approved by the Bureau of 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. Trainees shall be paid fringe benefits in accordance with the provisions of the apprenticeship program, If the trainee program does not specify fringe benefits, trainees must be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding Journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate for the classification of work he actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor -will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. ii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFS Part 30. Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this contract. Subcontracts. The Contractor or subcontractor will inset in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or designee may be appropriate instructions require, and also a clause requiring that the subcontractors to include these clauses in any lower tier contracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. Contract termination; debarment. A breach of this contract clause may be grounds for termination of the contract and for debarment as a Contractor and a subcontractor as provided in 24 CFR 5.12. GC3110. Compliance with Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. Disputes concerning Labor standards. (1) 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 paragraph ((2) include disputes between the Contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. (Certification of Eligibility. 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 CER 5.12(a)(1) or to be awarded HUD contracts or parti program pursuant to 24 CFR Part 24. (ii) 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) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S. C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., “Federal Housing Administration Transactions”, provides in part “Whoever, for the purpose of ...influencing in any way the action of such Administration..makes, utters or publishes any statement, knowing the same to be false..shall be fined not more than $5,000 or imprisoned not more than two years, or both”. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable, shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or his testimony or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to this employer. Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards, (1) Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers and mechanics shall require or permit any such laborer and mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer and mechanic receives compensation at a rate not less GC-32© Q) 8) @ than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions set forth in subparagraph (g)(1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District o to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the provisions set forth in subparagraph (g)(1) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in subparagraph (g)(1) of this clause. Withholding for unpaid wages and liquidated damages. HUD or its designee 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 any money payable on account of work performed by the Contractor or subcontractor under any such contract or any federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in subparagraph (g)(2) of this clause. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this clause and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the provisions contained in this clause. Health and Safety a) @) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and/or safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation; ‘The Contractor shall comply with regulations and standards issued by the Secretary of Labor at 29 CFR Part 1926. Failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Acts (Public Law 91-54, 83 Stat. 96), 40 U.S.C. 327 et seq; and, GC-33@) The Contractor shall include the terms of this clause in every subcontract so that such terms will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Gc-34ATTACHED TO FEDERAL LABOR STANDARDS SO-CALLED “ANTI -KICKBACK ACT” AND REGULATIONS PROMULGATED PURSUANT THERETO BY THE SECRETARY OF LABOR, UNITED STATES DEPT. OF LABOR TITLE 18, U.S.C. SECTION 874 (Replaces Section I of the Act of June 13, 1984 (48 Stat. 948, 40 U.S.C., sec. 276b) pursuant to the Act of June 25, 1948, 62 Stat. 862) KICKBACKS FROM PUBLIC WORKS EMPLOYEES ‘Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both. SECTION 2 of the Act of June 13, 1934 as amended (48 Stat. 948, 62 Stat. 862, 63 Stat. 108, 72 Stat. 967, 40 U.S.C., sec. 276c) The Secretary of Labor shall make reasonable regulations for Contractors and subcontractors engaged in the constructions, prosecution, completion or repair of public buildings, public works or buildings or work financed in whole or in part by loans or grants from the United States, including a provision that each Contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (U.S. Code) shall apply to such statements. XXX Pursuant to the aforesaid Anti-Kickback Act, the Secretary of Labor, United States Department of Labor, has promulgated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, code of Federal Regulations, Part 3. The term “this part” as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said regulations are as follows: CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES. SECTION 3.1 PURPOSE AND SCOPE This part prescribes “anti-kickback” regulations under section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c) popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards and which is for the construction, GC-35prosecution, completion, or repair of public buildings, public work or buildings or works financed in whole or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with Federally-assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. The part details the obligation of Contractors and subcontractors relative to the weekly submission of statements regarding the ‘wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work; and d the method of payment permissible on such work. SECTION 3.2 DEFINITIONS As used in the regulations in this part: a. The terms “building” or “work” generally include construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping station, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such ‘materials, articles, supplies, or equipment during the course of the manufacture ot furnishing, or owns the materials from which they are manufactured or furnished) is not a “building” ot “work” within the meaning of the regulations in this part. b. The terms “construction”, “prosecution”, “completion”, or “repair” mean all types of work done on a particular building or work at the site thereof, including, without limitation, altering, remodeling, painting and decorating, the transporting of materials and supplies to or from the building or work by the employees of the construction Contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the Contractor or subcontractor. ¢. The terms “public housing” or “public work” include building or work for whose construction, prosecution, completion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a Federal agency. 4. The term “building or work financed in whole or in part by loans or grants from the United States” includes building or work for whose construction, prosecution, completion, or repair, as defined above, payment or partial payment is made directly or indirectly from funds provided by loans or grants by a Federal Agency. GC-36SECTION 3.3 The term does not include building or work for which Federal assistance is limited solely to loan guarantees or insurance. Every person paid by a Contractor or subcontractor in any manner for his labor in the construction, prosecution, completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants from the United States is “employed” and receiving “wages” , regardless of any contractual relationship alleged to exist between him and the real employer. The term “any affiliated person” includes a spouse, child, parent, or other close relative of the Contractor or subcontractor; a partner or officer of the Contractor or subcontractor; a corporation closely connected with the Contractor or subcontractor as parent, subsidiary or otherwise, and an officer or agency of such corporation. The term “Federal Agency” means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies, and instrumentality's of the United States and of the District of Columbia, including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District of Columbia or any of the foregoing departments, establishments, agencies, and instrumentality's. WEEKLY STATEMENT WITH RESPECT TO PAYMENT OF WAGES As used in this section, the term “employee” shall not apply to persons in classifications higher than that of laborer or mechanic and those who are the immediate supervisors of such employees. Each Contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public building or public work, or building or work financed in whole or in part by loans or grants from the United States, shall fumish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29 CFS Parts 3 and 5 during the preceding weekly payroll period. This statement shall be executed by the Contractor or subcontractor or by an authorized officer or employer of the Contractor or subcontractor who supervises the payment of wages, and shall be on WH 348, “Statement of Compliance,” or on an identical form on the back of WH 347, “Payroll (For Contractors Optional Use), or on any form with identical wording, Sample copies of WH 347 and WH 348 may be obtained from the Government contracting or sponsoring agency, and copies of these forms may be purchased at the Government Printing Office. The requirements of this section shall not apply to any contract of $2,000 or less. Upon a written finding by the head of the Federal Agency, the Secretary of Labor may provide reasonable limitations, variations, tolerances, and exemptions from the requirements of this section subject to such conditions as the Secretary of Labor may specify. GC-37(29 FR. 95, Jan, 4, 1964, as amended at 33 F.R. 10166, July 17, 1968) SECTION 3.4 SUBMISSION OF WEEKLY STATEMENTS AND THE b. PRESERVATION AND INSPECTION OF WEEKLY PAYROLL RECORDS, Each weekly statement required under 3.3 shall be delivered by the Contractor ot subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work, or, if there is no representative of a Federal or State Agency at the site of the building or work, the statement shall be mailed by the Contractor ot subcontractor, within such time, to a Federal or State agency contracting for or financing the building or work. After such examination and check as may be made, such statement, or a copy thereof, shall be kept available, or shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor. Each Contractor or subcontractor shall preserve his weekly payroll records for a period of three years from date of completion of the contract. ‘The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made and actual wage paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized representative, and by authorized representatives of the Department of Labor. SECTION 3.5 PAYROLL DEDUCTIONS PERMISSIBLE WITHOUT APPLICATION TO OR APPROVAL OF THE SECRETARY OF LABOR Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor: a Any deduction made in compliance with the requirements of Federal, State, or Local Law, such as Federal or State withholding income taxes and Federal Social Security Taxes. Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment is made without discount or interest. A “bona fide prepayment of wages” is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of the contractor, subcontractor or any affiliated person, or when collusion or collaboration exists. Any deduction constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medical or GC-38hospital care, pensions or annuities on retirement, death benefits, compensation ot injuries, illness, accidents, sickness, or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit of employees, their families and dependents: Provided, however, that the following standards are met: (1) the deduction is not otherwise prohibited by law; (2) itis either: (a) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (b) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representative of its employees; (3) no profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or otherwise; and (4) the deduction shall serve the convenience and interest of the employee. e. Any deduction contributing toward the purchase of United States Defense Stamp and Bonds when voluntarily authorized by the employee. £ Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions organized and operated in accordance with Federal and State credit union statutes, g Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi-governmental agencies, such as the American Red Cross. h. Any deductions voluntarily authorized by the employee for the making of contributions to Community Chests, United Givers Funds, and similar charitable organizations. i, Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments; provided, however, that a collective bargaining agreement between the contractor or subcontractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law. J. Any deduction not more than for the “reasonable cost” of board, lodging, or other facilities meeting the requirements of sections 3 (m) of the Fair Labor Standards Act 1938, as amended, and Part 531 of this title. When such a deduction is made the additional records required under 516.27(a) of this title shall be kept. SECTION 3.6 PAYROLL DEDUCTIONS PERMISSIBLE WITH THE APPROVAL OF THE SECRETARY OF LABOR Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not permitted under 3.5. The Secretary may grant permission whenever he finds that: GC-39The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from the deduction either in the form of a commission, dividend, or otherwise The deduction is not otherwise prohibited by law; The deduction is either (1) voluntarily consented to by the employee or in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; and 4. The deduction serves the convenience and interest of the employee. SECTION 3.7 APPLICATIONS FOR APPROVAL OF THE SECRETARY OF LABOR Any application for the making of payroll deductions under 3.6 shall comply with the requirements prescribed in the following paragraphs of this section: a. SECTION 3.8 ‘The application shall be in writing and shall be addressed to the Secretary of Labor. The application shall identify the contract or contracts under which the work in question is to be performed. Permission will be given for deductions only on specific, identified contracts, except upon a showing of exceptional circumstance. The application shall state affirmatively that there is compliance with the standards set forth in the provisions of 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. ‘The application shall include a description of the proposed deduction, the purpose to be served thereby, and the class of laborers or mechanics from whose wages the proposed deduction would be made. The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant. ACTION BY THE SECRETARY OF LABOR UPON APPLICATIONS The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of 3.6 and shall notify the applicant in writing of his decision. SECTION 3.9 PROHIBITED PAYROLL DEDUCTIONS Deductions not elsewhere provided for by this part and which are not found to be permissible under 3.6 are prohibited. SECTION 3.10 METHODS OF PAYMENT OF WAGES Gc-40The payment of wages shall be by cash, negotiable instruments payable on demand, or the additional forms of compensation for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject to the Copeland Act. SECTION 3.11 REGULATIONS PART OF CONTRACT All contracts made with respect to the construction, prosecution, completion, or repair of any public building or public work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in this part shall expressly bind the contractor or subcontractor to comply with such of the regulations in this part as may be applicable. In this regard, see 5.5 (a) of this subtitle, GCIEQUAL EMPLOYMENT OPPORTUNITY CLAUSE SUBCONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE The contractor shall take the following steps to ensure that, whenever possible, subcontracts are awarded to small business firms, minority firms, women’s business enterprises and labor surplus area firms; (a) Placing qualifies small and minority businesses and women’s business enterprises on solicitation lists; (b) Ensuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources: (©) Dividing total requirements, when economically feasible into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises: (@ Establish delivery schedules, where the requirements of the contract permit, which encourage participation by small and minority businesses and women’s business enterprises and: (©) Using the services and assistance of the U.S. Small Business Administration the Minority Business Development Agency of the U.S. Department of Commerce, and State and local governmental small business agencies: EQUAL EMPLOYMENT OPPORTUNITY During the performance of the contract, the contractor agrees as follows: (@) The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or handicap. (©) The contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their of race, color, religion, sex, national origin, or origin, or handicap. Such action shall include, but not be limited to (1) employment (2) upgrading, (3) demotion, (4) transfer, (5) recruitment or recruitment advertising, (6) layoff or termination, (7) rates of pay or other forms of compensation, and (8) selection for training, including apprenticeship. (©) The contractor shall post in conspicuous places available to employees and applicants the notices to be provided by the Contracting Officer that explains this clause. (@) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex national origin, or handicap. (©) The contractor shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers’ representative of the GC-42Contractor's commitment under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employmen (The contractor shall comply with Executive Order 11246, as amended, and the rules, regulations and orders of the Secretary of Labor. (g) The Contractor shall furnish all information and reports required by Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, as amended, and by the rule, regulations and orders of the secretary of Labor, or pursuant thereto. The Contractor shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance of such rules, regulations, and orders. (h) In the event of a determination that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts, or Federally assisted construction contracts under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or otherwise provided by law. (® The Contractor shall inclide the terms and conditions of this clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontract or purchase order as the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into the litigation to protect the interest of the United States. GC-43CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity Clause.) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term “segregated facilities” ‘means any waiting rooms, work area, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed contractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding, $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he will retain such certifications in his files. SIGNATURE DATE NAME AND TITLE OF SIGNER (please typo) NOTE: The penalty for making false statement in offers is prescribed in 18. U.S.C. 1001. GC-44ENVIRONMENT PROTECTION SCOPE: The work covered by this section consist of furnishing all labor, materials, and equipment, and performing all work required for the prevention of environmental pollution during and as a result of construction operations under this contract except for those measures set forth in other Technical Provisions of these specifications. For the purpose of this specification environmental pollution is defined as a presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to man; or degrade the utility of the environment for aesthetic and recreational purposes. The control of environmental pollution requires consideration of air, water, and land, and involves noise, and solid waste management, as. well as other pollutants. APPLICABLE REGULATIONS: In order to prevent, and to provide for abatement and control of, any environmental pollution arising from the construction activities of the contractor and his subcontractors in the performance of this contract, they shall comply with all applicable Federal, State, and Local laws, and regulations conceming environmental pollution control and abatement. NOTIFICATION: — The Engineer will notify the Contractor in writing of any non- compliance with the foregoing provisions and the corrective action to be taken, The Contractor shall, after receipt of such notice, immediately take corrective action. Such notice, when delivered to the Contractor or his authorized representative at the site of the work, shall be deemed sufficient for the purpose. If the Contractor fails or refuses to comply promptly, the Engineer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time slot due to any such stop orders shall be made subject of a claim for extension of time or for excess costs or damages by the Contractor unless it was later determined that the Contractor was in compliance. SUBCONTRACTORS: Compliance with the provisions of this section by subcontractors will be the responsibility of the Contractor. DUST CONTROL: The Contractor will be required to maintain all excavations, embankments, stockpiles, haul roads, permanent access road, plant sites, waste areas, and all other work areas within or without the project boundaries free from dust, which would cause a hazard or nuisance to others. Approved temporary methods of stabilization consisting of sprinkling, chemical treatment, light bituminous treatment or similar methods will be permitted to control dust. Sprinkling, to be approved, must be repeated at such intervals as to keep all parts of the disturbed area at least damp at all times, and the Contractor must have sufficient competent equipment on the job to accomplish this if sprinkling is used. Dust control shall be performed as the work proceeds and whenever a dust nuisance or hazards occurs, GC-456. PAYMENT: No separate or direct payments will be made for work covered by this section and all costs thereof will be a subsidiary requirement of the Contractor (with the exception of dust control which will be paid for as described in Item XXXVii of these specifications.) CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT Any recipient of funds in connection with this contract shall comply with the provisions of the Clean Air Act, as amended (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.) and the regulations thereunder (40 CFR Part 15). Any Contractor or subcontractor receiving funds pursuant to this contract stipulates that no facility utilized in the performance of this agreement is listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. As a condition for the award of any contract pursuant to this agreement, prompt notice will be given notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA list of Violating Facilities. Any Contractor agrees that he will include or cause to be included the criteria of this section in every nonexempt subcontract and the Contractor will take such action as the Government may direct as a means of enforcing the provisions of this section, In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under section 113 (c) (1) of the Clean Air Act or Section 309 (c) of the Federal Water Pollution Control Act. NATIONAL FLOOD INSURANCE PROGRAM. The provisions of the Flood Disaster Protection Act of 1973 (Pub, L. 93-234) and regulations thereunder (24 CFR Ch. X, Sub-Chapter 3) apply to this contract. No work or activity that is in contravention of that act shall be undertaken in performance of this agreement, and all affirmative actions required by that act herein incorporated by reference. GC-46CONFLICT OF INTEREST Interest of Contractor and Employees - The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with this survey, has any personal financial interest, direct or indirect, in this Contract. The Contractor further covenants that he presently has no interest, and shall acquire no interest direct or indirect, in the Community Development Program or any parcels thereof which would conflict in any manner or degree with the performance of his service thereunder. The contract further covenants that in the performance of this contract no person having any conflicting interest shall be employed. Any interest on the part of the Contractor or his employees must be disclosed to the CD and the City. Provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that ‘maximum opportunity be provided for employment of and participation by residents of the area. INTEREST OF CERTAIN FEDERAL OFFICIALS No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit to arise from the same. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property or services provided directly or indirectly under this contract shall be used in the performance of this contract for any partisan political activity or to further the election or defeat of any candidate for public office, or in any manner contradiction of Chapter 15 or Title 5, United State Code. LOBBYING PROHIBITED None of the funds provided under this Contract shall be used for publicity or propaganda, purposes designed to support or defeat legislation pending before Congress, or any State, or municipal legislative body. GC-47LEAD-BASED PAINT HAZARDS (Title 24 Part 35 of the Code of Federal Regulators) any Contractor, subcontractor, assignee, or delegate receiving funds pursuant to his agreement shall not use or permit the use of lead-base paint in any facility, constructed or rehabilitated in whole or part, in performance of obligations set forth in this agreement. “Lead-based paint” means any paint containing more than 1% in total nonvolatile content, of liquid paints or in the dried film of paint already applied. Alll defective paint conditions shall be assumed to involve lead-based paint, and thus constitute health hazards that must be corrected, unless testing shows that lead is not present in the paint at a level above Img/omz. Unless tested, all surfaces with cracking, scaling, peeling, and loose paint shall be thoroughly washed, sanded, or scraped, or wire brushed so as to remove that condition, and shall at a ‘minimum receive two coats of suitable non-lead-based paint. TERMINATION IN BEST INTEREST OR LOCAL PUBLIC AGENCY For contracts greater than $10,000 the Local Agency may terminate this contract any time at its sole discretion for any reason it feels is in the best interest by a notice in writing from a Local Agency to the Contractor. If the Contractor is terminated by the Local Agency as provided, the Contractor will be paid for the total work performed to date under this contract, less payments of compensation previously made. COST-PLUS-A-PERCENTAGE-OF-COST ‘The Cost-Plus-A-Percentage-Of-Cost method of contracting is unacceptable according to Federal Regulations. Therefore, the Cost-Plus-Percentage Section under the GENERAL PROVISIONS is invalid and shall not be used, GC-48A) @) © @) SECTION 3 CLAUSE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 ‘Amended U.S.C. 17014 ‘The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. ‘The parties to this contract agree to comply with HUDs regulations in 24 CER 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. The Contractor agrees to send to each labor organization or representative of workers with which he/she has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker’s representative of the contractors commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CER part 135. ‘The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractors obligations under 24 CFR part 135. Gc-49General Decision Number: TW100099 03/12/2010 TN99 Superseded General Decision Number: 720080099 State: Tennessee Construction Type: Building County: Davidson County in Tennessee. BUILDING CONSTRUCTION PROJECTS (does not include single family hones of apartments up to and including 4 stories). Modification Number Publication Date ° 03/12/2010 BOTLO453-003 01/01/2009 Rates Fringes BOILERMAKER § 27.63 13.72 BRTNO005-009 05/01/2008 Rates Fringes BRICKLAYER. § 24.27 1.60 CARPO223-002 05/01/2008 Rates Fringes CARPENTER (Cabinet Installation and Scaffold Builder only).. § 20.20 8.36 * BLBCO429-005 02/01/2010 Davidson Rates Fringes § 21.85 10.35 ELECTRICIAN. “ENGT0369-007 05/01/2009 Rates Fringes Forkiift. § 22.97 9.60 IRON0492-008 05/01/2009 Rates Fringes IRONWORKER, Structural and Reinforcing. $ 22.50 9.60PLUMOS72-006 05/01/2009 Rates PIPEFITTER, Including HVAC Pipe Installation. $ 29.07 SHEEO177-004 05/01/2009 Rates SHEET METAL WORKER, Including HVAC Duct and Metal Roof Installation sense 22.85 SUTN2009-082 03/21/2009 Rates CARPENTER, Including Drywall Hanging and Form Work (Bxcluding Cabinet Installation and Scaffold Builder)...... $17.83 CEMENT MASON/CONCRETE FINISHER. ..$ 17.68 LABORER: Asphalt Raker....., 12.85 LABORER: Common or General. 12.41 LABORER: Landscape... 9.60 LABORER: Mason Tender ~ Brick...$ 13.51 TABORER: Roof Tearoff. 9.75 OPERATOR: Backhoe/Excavator/Trackhoe. 16.27 OPERATOR: Bobcat/Skid Loader. 17.68 OPERATOR: Bulldozer. 15.47 OPERATOR: Crane. 19.16 OPERATOR: Machanic.. 18.66 OPERATOR: Pavers... 14.25 OPERATOR: Roller... 12.83 PAINTER: Brush, Roller and Spray...... ‘ 13.15 PLUMBER, Excluding HVAC Pipe Fringes 11.95 Fringes 10.15 Fringes 0.00 0.49 0.00 0.00 3.33 3.35, 3.39 0.00 0.00 0.00Installation... + 20.03 9.00 ROOFER: Built up Roof........66.$ 12.74 0.00 ROOFER: Rubber Roof. .8 16.82 477 ROOFER: Single Ply Roof. --$ 16.50 0.32 TILE FINISHER... «8 10.00 0.74 TRUCK DRIVER: Dump Truck... 12.16 0.00 TRUCK DRIVER: Material Truck....§ 12.16 1.66 TRUCK DRIVER: Pickup Truck. 11.70 3.92 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)). 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. WAGE DETERMINATION APPBALS 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 wage determination matter * a conformance (additional classification and rate) ruling wae on survey related matters, initial contact, including requests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, BC 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 CER Part 7) Write t 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NOTICE TO ALL EMPLOYEES Working on Federal or Federally Financed Construction Projects MINIM You must be paid not less than the wage rate in the schedule oe Posted with this Notice for the kind of work you perform. WAGES OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 a week. There are some exceptions. Apprentice rates apply only to apprentices properly registered under APPRENTICES approved Federal or State apprenticeship programs. If you do not receive proper pay, contact the Contracting tes Cheer ete blow Kow Cheaael> ; bHA Contract! Comp lance (615) 2S2- 9S fax: (ors) BS2- 6733 ‘of you may contact the nearest office of the Wage and Hour Division, U.S. Department of Labor. The Wage and Hour Division has offices in several hundred communities throughout the country. They are listed in the U.S. Government section of most telephone directories under: U.S. Department of Labor Employment Standards Administration U.S. Departmant of Labor WH Publication 1321 Employment Standards, ‘Admicisiation Rovised January 1986 US. Govenamnr PrnmNG OFFICE: ee ao8e08 ‘Wage and Hour DivisionCONTRACT THIS AGREEMENT made this day of in the year between + corporation/PARTNERSHIP/SOLE- PROPRIETOR/Limited Liability Corporation doing business under the laws of the State of Tennessee, hereinafter called the “Contractor” , and the METROPOLITAN DEVELOPMENT AND HOUSING AGENCY, Nashville, Tennessee, a public body and a body corporate and politic, created under the provisions of the “Housing Authorities Law” of the State of Tennessee, hereinafter called the “Metropolitan Development and Housing Agency” or “MDHA”. WITNESSETH, that the Contractor and MDHA for the consideration stated herein mutually agree as follows: ARTICLE 1. STATEMENT OF WORK. The Contractor shall furnish all supervision, labor, materials, equipment and services, including all related accessories and specialties for the all in strict accordance with the Specifications as prepared by the Project Architect, which said Specifications, Drawings, and Addendum(s), if any, are incorporated herein by reference and made a part thereof. ARTICLE 2. THE CONTRACT PRICE. The Metropolitan Development and Housing Agency shall pay the Contractor for the performance of the Contract, in current funds, subject to additions and deductions, the sum of AS ) ARTICLE 3. JURISDICTION AND VENUE. In the event of a Contract dispute or litigation arising out of said Contract, itis understood and agreed that this Contract was executed and performed in Davidson County, and, as such, it is agreed by both parties that venue for said litigation, including an action of Declamatory Judgment, will be in Davidson County. ARTICLE 4. _ ATTORNEY FEES. _ In the event of litigation arising out of said Contract, it is agreed that if _ is held liable for damages, or is found to have breached ‘the Contract, that will pay the MDHA's reasonable attorney's fees and expenses involved in the litigation. ARTICLE 5. — LIQUIDATED DAMAGES. The Contractor shalll pay liquidated damages to the Owner at the rate of ONE Hundred Dollars ($100) per day for each day of each unexcusable delay. ARTICLE 6. RETAINAGE The Contractor recognizes the requirements for 5% retainage of payment (par. 7b, General Conditions, a component part of the Contract Documents) and provisions of the statute T.C.A. 66-11-144, of the State of Tennessee, providing for retention being escrowed with interest.ARTICLE7. | CONTRACT DOCUMENTS The Contract shall consist of the following components parts: a. This instrument b. Special Conditions c. General Conditions d. Technical Conditions This Instrument, together with the other documents enumerated in this Article 7, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, form the Contract. In the event that any provision of any component part of this Contract conflicts with any provision of any other component part, the provision of the component part first enumerated in this Article 7 shall govern, except as otherwise specifically stated. ‘The various provisions in Addendum shall be construed in order of preference of the component part of the Contract which each modifies. IN WITNESS THEREOF, the parties hereto have caused this instrument to be executed in three original counterparts as of the day and year first written above. METROPOLITAN DEVELOPMENT AND HOUSING AGENCY BY: : 712 South Sixth Street Nashville, Tennessee 37206 TITLE: DATE: 7 By: Harold Haynes Contracting Officer DATE:CERTIFICATIONS is certify that I am the of the Company named as Contractor herein; that - , who signed this Contract on behalf of the Contractor, was then of said Company; that said Contract was duly signed for and in behalf of said Company by authority of its governing body, and is within the scope of its Company powers. PRINCIPAL OWNER(S) MAIN OFFICE ADDRESS (if different)CERTIFICATION FOR CONTRACTS, GRANTS LOANS, AND COOPERATIVE AGREEMENTS, ‘The undersigned certifies, to the best of his or her knowledge and belief, that: a Q) @) No Federally appropriate funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency; A Member of Congress; an officer or employee of Congress; or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement, If any funds other than Federally appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency; a Member of Congress; an officer or employee of Congress; or an employee of a Member of Congress; in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL., “Disclosure Form to Report Lobbying”, in accordance with its instructions, The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fuils to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Executed this day of 2010. By (Signature of authorized official) (Title of authorized official) Program Funded:DIRECTIONS FOR PREPARATION OF PERFORMANCE AND PAYMENT BOND Individual sureties are not acceptable, neither are partnerships, or corporations not in the surety business, and not authorized or qualified to act as surety in the State of Tennessee. The name of the Principal shall be shown exactly as it appears in the Contract. The penal sum shall not be less than that required by the Specifications. If the Principals are partners, or joint ventures, each member will execute the bond as an individual, and state his place of residence. If the Principal is a corporation, the bond shall be executed under its corporate seal. If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the secretary or assistant secretary, under the corporate seal, to be true copies. The current power of attomey of the person signing for the surety company must be attached to the bond. The date of the bond must not be prior to the date of the Contract. The following information must be placed on the bond by the surety company: ‘The rate of premium in dollars per thousand; and the dollar amount of premium charge. ‘The signature of a witness shall appear in the appropriate place, attesting to the signature of each party to the bond, Type or print the name underneath each signature appearing on the bond. ‘An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing. Performance and payment bond must be signed or counterpart by a resident agent for the surety company.PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned (NAME OF PRINCIPAL) (NAME OF SURETY) hereinafter called the Surety, are held and firmly bound unto: A public body, politic and corporate, herein referred to as the Metropolitan Development and Housing Agency (MDHA), created by the “Housing Authorities Law” of the State of Tennessee, for use of the MDHA and all persons doing work or furnishing skills, tools, machinery, supplies or materials under or for the purpose of the Contract hereinafter referred to, in the full and just amount of Dollars ($ ), in the lawful money of the United States of America fo be paid to the MDHA, its successors, and assigns to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, suecessors and assigns jointly and severally firmly by these presents. WHEREAS, the Principal has entered into a contract with the Metropolitan Development and Housing Agency dated 2010 for > all in __ strict accordance with the Drawings, Specifications and other documents relating thereto and; WHEREAS, it was one of the conditions of the award by the Metropolitan Development and Housing Agency pursuant to which the Contract herein above referred to was entered into, that these presents shall be executed. NOW, THEREFORE, the conditions of this obligations are such that if the Principal shall in all respects fully comply with the terms and conditions of said Contract and his/her obligations thereunder, including the Specifications and proposals therein referred to and made a part thereof, such alterations as may be made on such Specifications as therein provided for, and shall indemnify and save harmless the Metropolitan Development and Housing Agency against and from all costs, expenses, damages, injury or loss to which the MDHA may be subjected by reason of any wrongdoing, misconduct, lack of care or skill, negligence, or default including patent infringement on the part of the Contractor, his agents or employees in the execution or performance of said Contract, and shall promptly pay all just claims for damage or injury to property and for all work done, or skill tools, or machinery, supplies, labor, and materials furnished and debts incurred by the Contractor in or about the performance of the work contracted for, this obligation is to be void.And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, or alteration or addition to the terms of the Contract or the work to be performed thereunder of the Specifications accompanying the same shall in any effect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration or addition to the terms of the Contract or to the work or the Specifications ‘The Bond shall be for the use of the Metropolitan Development and Housing Agency and all persons doing work or furnishing skills, tools, machinery, or materials under or for the purpose of Contract herein above referred to. ‘The Undersigned Principal and Surety do further hereby consent and yield to the jurisdiction of the State Civil Courts of Tennessee and shall assure all undertakings under said agreement ot Contract and shall assure and protect all laborers and furnishers of materials on said work, both as required by applicable law. ‘The Undersigned Principal and Surety further agree that in every suit brought against the Obligor upon this Bond by the Obligee in which the Obligee shall be successful, there shall be assessed. against the Obligor in favor of the Obligee, reasonable attorney's fees, which the Obligor hereby expressly agrees to pay a part of the cost and expense of such suit. IN TESTIMONY WHEREOF, the Principal and the Surety have caused these presents to be duly swom and sealed on the _ day of, 2010. In presence of: (SEAL) (individual Principal) (Business Address) ATTEST: = (Corporate Principal) ° (Business Address) - BY: _ (Affix Corporate Seal) ATTEST: _ (Corporate Surety) 7 (Business Address) Rate Per Thousand: $ BY: Premium Charge: $_ (Affix Corporate Seal)HUD SECTION 3 BIDDER CERTIFICATION AND COMPLIANCE AGREEMENT The bidder represents and certifies as part ofits bid/ffer the following: { | sa Section 3 Business concern in accordance with HUD Act of 1968 (12 U.S.C.1701u) (Section 3) Part 135. A Section 3 Business concern means a business concern: 1. 2. 3 ‘That is 51% or more owned by Section 3 Residents(s); or ‘Whose permanent, full-time employees include persons, at least 30% of whom are currently Section 3 residents, or within the last three years ofthe date of first employment with the business concern were Section 3 residents; or ‘That provides evidence of a commitment to subcontract in excess of 25% of the dollar value of all subcontracts to be awarded to business concems that meet the qualifications set forth in paragraphs 1 or 2 herein. I [Js Nota Section 3 Business concern but who has and will continue to seek compliance with Section 3 by certifying the following effort to be undertaken: 1 ‘By contacting business assistance agencies, minority contractors associations and community organizations to inform them of the contracting opportunities and requesting their assistance in identifying Section 3 businesses which may solicit bids fora portion ofthe work. 2. By advertising contracting opportunities by posting notices, which provide general information about the work to be contracted and where to obtain additional information, in the common areas of the applicable developments(s) owned and managed by the Housing Authority 3. By providing written notice to all known Section 3 business concer of contracting opportunities. This notice should be in sufficient time to allow the Section 3 business concems to respond to bid invitations, 4, By following up with Section 3 business concems that have expressed interest in the contracting opportunities. 5. By coordinating meetings at which Section 3 business concerns could be informed of specific elements of the work for which subcontract bids are being sought. 6. By conducting workshops on contracting procedures and specific contacting opportunities ina timely manner so that Section 3 concems can take advantage of contracting opportunites. 7. By advising Section 3 business concers as to where they may seek assistance to overcome barriers such as inability to obtain bonding, financing, insurance, etc. 8. Where appropriate by breaking out contract work into economically feasible units to facilitate participation by Section 3 businesses. 9. By developing and utilizing alist of eligible Section 3 business concerns. 10. By actively supporting and undertaking joint ventures with Section 3 businesses. 11, By establishing training programs, which are consistent with the requirements of the Department of Labor, specifically for Section 3 residents in the building trades. 12, By advertising employment and training positions to dwelling units occupied by Category 1 and 2 residents. 13, By contacting resident councils and other resident organizations in the affected housing development to request assistance in notifying residents of the training and employment positions tobe filled. 14, By arranging interviews and conducting interviews on the job ste 15. By undertaking such continued job training efforts as may be necessary to ensure the continued employment of Section 3 residents previously hire for employment opportunities. Signature: Title: = Swom to and subscribed before me on this___day of. __.20, ‘My Commission Expires: Notary Pobic1. MDHA DIVERSITY BUSINESS ENTERPRISE PROGRAM. ‘The Metropolitan Development and Housing Agency (MDITA) has established a Diversity Business Enterprise (DBE) Program to enhance the participation of minority, women and small business enterprise firms in the Agency’s contracting and purchasing activities. The DBE Program is being implemented to increase utilization of minority, women and small businesses and to provide these businesses greater economic opportunity. MDHA's Construction Department is responsible for the Diversity Business Program Administration, In support of this program, we require architectural/engineering firms, contractors and their subcontractors and other lower-tier subcontractors, vendors and suppliers, who do business with Metropolitan Development and Housing Agency to adopt similar policies. Businesses bidding or proposing on procurements are required to comply with the provisions of the DBE Program. MDHA prohibits discrimination against any person, business or organization in pursuit of it’s” procurement opportunities on the basis of race, color, sex, religion, disability or national origin. MDHA will conduct its contracting and purchasing programs so as to prevent any discrimination and to resolve all allegations of discrimination. 2. iversity Business Enterprise Policy It is the policy of MDHA to assist minority, women and small business enterprise firms in their aspirations of viability and growth, which support a more stable economic community, To this extent, we join with community agencies and organizations that support these businesses to create greater opportunities for these entrepreneurs in the attainment of mutually beneficial social and economic objectives. Minority, women and small business enterprise firms will be given the ‘maximum practicable opportunity, consistent with efficient performance, to compete for and participate in contracts, subcontracts, purchase orders and other procurement activities, 3. __ Definitions For Determining Minority, Women And Small-Owned Firms. The guidelines for determining minority, women and small-owned firms are defined as follows: “MINORITY” means a person who is a citizen or lawful permanent resident of the United States and who is: * Black (a person having origins in any of the black racial groups of Africa); * Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race); * Asian American (a person having origins in any of the original peoples of the Far East, Southeast = Asia, the Indian subcontinent, or the Pacific Islands); or = American Indian and Alaskan Native (a person having origins in any of the original peoples of North America). “MINORITY BUSINESS ENTERPRISE” shall mean a minority business: A continuing, independent, for profit business which performs a commercially useful function, and is at least 51 percent owned and controlled by one or more minorityindividuals; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned and controlled by one or more minorities. Whose management and daily business operations are controlled by one or more of minority individuals. “Control” as used in the above clause, means exercising the power to make policy decision. “Operate,” as used in the above clause, means being actively involved in the day-to-day management of the business, “WOMEN BUSINESS ENTERPRISE” shall mean women business: A continuing, independent, for profit business which performs a commercially useful function, and which is at least 51 percent owned and controlled by one or more women: or, in the case of any publicly owned business, at least 51 percent of the stock of which ‘owned and controlled by one or more women. Whose management and daily business operations are controlled by one or more of such individuals. “Control” as used in the above clause, means exercising the power to make policy decision. “Operate," as used in the above clause, means being actively involved in the day-to-day management of the business.SMALL BUSINESS ENTERPRISE AS DEFINED IN SECTION 4.44.010 OF THE, METROPOLITAN CODE OF LAWS; A Small Business satisfies all of the following criteria: (@) A United States business which is independently owned and operated, and which is not dominant in its field of operation or an affiliate or subsidiary of a business dominant in it’s field of operation. () Either has no more than the following number of employees or has no more than the following annual sales volume for the applicable industry; and INDUSTRY ANNUAL SALES | MAXIMUM NUMBER VOLUME OF EMPLOYEES* ‘Agriculture, Forestry, Fishing $500,000 9 Architectural/Design/Engineering $2,000,000 30 Construction $2,000,000 30 Educational $1,000,000 9 Finance, Insurance, Real Estate $1,000,000. 9 Information Systems/Technolo; $2,000,000. 30 | Manufacturing $2,000,000 99 Marketing/Communications/Public $2,000,000 30 Relations Medical/Healthcare $2,000,000) 30 Mining $1,000,000, 49 Retail Trade $750,000 9 Service Industry $500,000 9 Transportation, Commerce and Utilities | $1,000,000 9 Wholesale Trade $1,000,000 19 (©) Meets the following additional criteria: 1, Has demonstrated capability to perform independently a substantial portion of the contract they seek, or a substantial portion or the subcontract for which they are proposed by a bidder or offeror, as specified by the Purchasing Agent; 2. Not share or jointly use office space, production, marketing and sales, business support systems, personnel, or equipment with any business not classified by Metro as a small business (i.e., a large business); 3. Has existed as a legal business entity for a minimum of one year (twelve months of continuous business enterprise), performing independently and satisfactorily and achieving a minimum of $35,000.00 sales income (collected sales dollars not simply booked sales);4. Not to be owned, controlled, or directed by individuals or groups of individuals who own, control or direct a large business involved in the same category of work as the business for which small business status is sought; - 5. Ifa supplier, be an authorized regular distributor with normal wholesale agreements for the Product or products to be supplied; and 6. Ifa construction contractor, be licensed as required by the state to perform the work for which it has submitted a bid or has been proposed by a prime as a subcontractor. *NOTE: Employee means a person (or persons) employed on a full-time (or full-time equivalent), a permanent basis. Full-time equivalent includes employees who work 30 hours per week or more. Full-time equivalent also includes the aggregate of employees ‘who work less than 30 hours a week, where the work hours of such employees add up to at least 40 hour work week. The totality of the circumstances, including factors relevant for tax purposes, will determine whether persons are employees of a concern. Temporary employees, independent contractors or leased employees are not employees for these purposes. The owner(s) are excluded from this classification.6. Minority, women and small-owned firms are required to provide proof of their eligibility in accordance with these guidelines. Utilization of Diversity Business Enterprise Firms In order to provide minority, women and small businesses equal opportunity to Participate in MDHA's procurements, A/E’s and contractors bidding or proposing on Agency procurements are required to solicit the services of minority, women and small business firms. A/E’s, and contractors who are awarded contracts, or purchase orders, along with their subcontractors, and other lower-tier subcontractors must commit to utilize Diversity Business Enterprise firms as part of their contractual obligation. a. Diversity Business Enterprise Program Compliance Forms To be considered a responsive bidder or proposer, Diversity Business Enterprise forms 2001, 2002, and 2003 must be completed in its entirety and submitted with the bid/or proposal MDHA Diversity Business Goal A goal of 20% Diversity Business Participation has been established for this project. Contractors will submit with their bid DBE Form 2001 indicating efforts to utilize DBE contractors, DBE Form 2002 if joint venturing with a DBE business and DBE Form 2003 showing commitment to meet established goal and indicating type of work and dollar amount for each DBE business. Program Questions/Information Questions regarding the DBE Program and requests for information should be directed to: Metropolitan Development and Housing Agency’s Diversity Business Coordinator, Ron Chenault, 712 South Sixth Street, Nashville, Tennessee 37206, (615) 252-8498 or rehenaul@nashville-mdha.org. MDHA DBE Directory To assist Contractors in obtaining the DBE goal for this project, Contractors are encouraged to visit the MDHA Website at www.nashville-mdha.org/dbe.php. Contractors can download the MDHA Vendor Database at this website to make contact with DBE firms. For more information regarding the MDHA DBE program, Contractors are invited to contact Ron Chenault at (615) 252-8498 or by email rchenaul@nashville- mdha.org.2002 ‘L 18qUIOAON *} UoIsIAE aregl (oumeubigyontsowen) eanewesaidey Auedioo| "UOReHOHOS| 43no 0 esuodses s,uuy asucuiaqua sseuisng Alsi@nIC Jo junodoe ena @ axe sjUaWE}E}S enoge ey) FEU) AypHe0 JYLNY eM ‘UOWINOOUd BAoge {249 uo esodoud 10 pid 0} Ayunyioddo ue pareyo pue parae1uCo e1om Suny osudio}Uy ssoUIsG AuSIeAIG BuIMoIIo) aun TELA PeUHED Agave StI 7equiNN ‘oanejeseidey | (esuodsar Tey SuoUT Payonos | SIM SSeIpPVIOWEN ‘xe qjeuoydi ‘Auedwiog ‘ou ‘paysesaquy | ‘se9] *8"1) peyoeIUwOD e10M | (S)eo}UESPHOM | Sseulsng you ‘payseiau! | sessaujsng moH ayeojpuj | — joedAy | yo ad. )) uonenatog 0} esuod: areondnp oq Feu io] Sy PANDA, By 606U [eTONEpE | “SBBVSET WOUTaTOOTA exoge oy) 0} sesuodsaysiou) pue ‘payoequoo sui asudiojug sseulsng (S) ews Pue (u) UeUIOM (W) A4woUIN Jo (sJaureU Bun 351 866i TWSOdOUd YO GIG HLM GALLWENS ONY INO GaTTid A133 1dNOO 38 1SNW WHOS SIHL~ INVIOAI "GSLLINENS WHO S1vd "SWWN LosrOud :BWWN ANWdlNOO| !BNOHdSTaL/Sszuaay| NOMLVOIsILuaD NOILVLIOMOS ALINNI¥OddO TWnOa 3SRIduaLNG SSANISNE ALISUSAIG AONSOV ONISNOH GNV ANSON NVIMOdOULaW booz WuOd2002} JeqUIeAON “| uoIs!AeY "WoReUOTUT juOUTTEd fe pue jWeUIsSIBY SIMVUSA Wor Jo kdos Wene ested W505 OD THOT qweUaTES TaBeyueDIe4 puog] Sse 101 | 'SNOUMBRSINOD W101 sAltiva ABVONOOES ssousng pouno ius [XJ aumnon sutop jo ob equeas0g] ssauisng psumo uewoy| uesuowy ysior oIpIseH| ueouewy a1uedsiy| uelsy| ueoueury eaneny uesuaury uesuy| Peuno Aiuouin| (y90I9 eyeudosdde yoouD) TEMS asudiowUa ssoulsng Aysienig| J9qUINN auo\d UE sseuppy eyoidwoy‘eweN Auedwod| TSUNINGA INIOP JO ALUVd AUVGNODIS “S. WO 1505 OL Wewanbs TatiRUeaIed PUG] Suse OT] SNOUNERSINOD W101 SALVE ANY ssousng pour tews| [EJ ateuog stop 40 ob eyu02i0g ssouisng poum uewon| ueoueury Ysimor aIpIseH| ueoyeury quedsiH uersy| Uueouswly snneN| ueovewry ueoLy| Paumo Awoury| (9019 syeudoidde yoouD) “SMPs estidsewUa esousng AyssAIG| JeqUINN euoUg pue sseuppy aoIdwiog‘eweN Auedwiog| TSUNINSA INIOF 40 ALUva AUVINRe V_ “SRA TTT 8 5 TTAB TAN WN OORT OSA] uiy esudiou sseusng fis19NG © 4m uowDeube aiuan Wey omy siajo J8sodaxaonpIG Uh OWN posal Ave st WO} Ske JO LORAALIDD ‘e)0UBseetg iGaLLUIWENS WAOS 31va| !3WWN LO3rOwd !3NOHd3TaUSsIYGaV 31374WO9| #3INWN ANVaWo9| ‘wsOd0ud HO dle HLIM GSLLIWANS 3a IShW INAWNDOG SIHL- INVLNOdWT ANAWS3NOV SUNLNAA LNIOP WWEDOUd SSRIdUSLNA SS3INISNS ALISWAAIG AONAOV ONISNOH NV INAWdOTSAG NVLMOdOULaW z00z WHOS2002 ‘} 20qWIOAON ‘1 UOISIAeN jeBeweoreqrsie0g 380 OL Me 3] —oBe {69 8 d/S76110G 38S 3 3] rebeyuesied/Sie\100 3aW % | Saviioaaea Wome eK 7ousty | gas 3M GW | SNONASTaUSSSUGOWANWN jaea BurAsni90 | (emeis oreoyour 258014) aaa DOpOaT s] SOETS TEUOHPPE I PAreOIKIN 6a KEW UNO] STU SUNY TEC DAISY BuIMORO] Buh To SSOINIOS BiH Bsn Oy SesOdoud MuBTUCG PaUIeU OAOGE SUL :gaLuNaNs WYOs sLv4I :3WWN 1937 Oa! 2N3@WNN 3NOHd GN ssauGay 31374W09] :JWVN ANVdWO9) "WSOdOud HO Gis SHL HLM GALLIWENS 3a 1SNW INAWNDOG SII - INVINOaMT NV1d NOLVZILLN GaSOdOud (380) 3SdYILNS SSANISNE ALISUAAIG ‘AONAOV ONISNOH ONV LNSINdO TASC NVLITOdOULaW 002 WHOS ! l ( 1 i 1 1Z00Z ‘1 4oqWEAON “ U BLVG ¥ FULL SUNLVNOIS SALVINSSIUGTY Weld ISIUAYIINA SSANISNS ALISUIAIG BLVG ¥ TUL ‘SUNLVNOIS ALLVINISINdIY YOLOVYLNOD Iva NOLS TaWOO ava Bord | Sond wsqNO ROM 40 NOWAOSaa waawnn davis | Lowainoo | asvHound wall “W1LOL JO % VLOWYLNODENS| ‘SU 3aCJ0 wOHeZIN JO wOHEUBLINSOp Se Jayddngpojesjuoogns 3qq PeweU eAoge ey) YIM OU pai9iU9 sjueWIeeJBe yeUOOGNS JO/pUE papieMe siepuo eseypind AUB J0}98,)U09 40 ay "WHOW 8U) YIM yDesIUCD e Bunnoexe Aueduico ey) uodn pouogipuco 4030014 VHW 0} wwugns 4oj02U0D 10 3/y (uoyiddng 40 soeRuOoGns Jac Jo eweN) YM Hom 84 Jo} UEUIE=IBe [eULO§ e OTUL JeyUR |IIM Grayddng 40 soe UOoqng FgG Jo eweN ) {ou yooyp) se yoelaud enoge ey) Uo >1OMm uUo}ed 0} seaube :GALUENS WYO: SVG :INVN 193°OWd #3NOHd313/SSauGaV 3151409] #JINVN ANVaWOO| GYVMV LOVAINOO O1 NORid HAO FONVITdNOD LOVYLNOD O1 GSLLIWGNS GNV GSLs 1aWOO 3a LSNW WHOd SIL. SWUld ASIYAUALNS SSINISNE ALISHIAIG 3ZITLN O LNALNI 4O LNAWALVLS ADNAOV ONISNOH GNW LNSIdOTSASG NVLMOdOULaW y00z WHO4ZO0Z ‘L A8qUIOAON “| UOISIAaa sereal senLeunyeuBg 1049, 3U09| :3OVINSOUAd 8 SUVTION 38d WLOL %e 3 BeWwesIed/SIelIOG FAS] % 3 Tebeyueosed/SsE1100 FEM| % 3 yBejuedI0d/Sz21100 FAN ‘BONVHO % | suvTiod aaa WOM 30 BdAL “SNOHd 8 SSUCAV SWWN 380 4o4Nosvay | 380 (BALLONG3G HO SAILIGAV) SLOVHLNOOSNS 380 LO344¥ TIM HCHO SONVHO ¥ NSHM WHOS SIHL LINGNS :GaLUGNS WYOd 3L.val S3WVN LOarowd #HNOHdaAUSSaNGQV 313d NOO| HINVN ANVdWOO| NVid NOILVZITILN 3SRIdUALNA SSANISNE ALISUSAIG SHI OL SIONVHO AON3OV ONISNOH ANY LNINdOTSAAG NVLITOdOuLaW s00z WHOS t i 1Zovz “s s2quiendN ‘t wo}sinoy "aNOHda7aL Su enyejuesaidoy {ueduiog Jo owen — SIUBUTBTORS 957e} Bujusoou09 SMO] O}wIG 70 fe79peq PUN SuoRDe BUAEHIU] 10] PUE FOeHUCD Jo UOPBUIULIe} 10] SpunOIB eq) wm uonewosesdessw Auy,, “ons 5] ys10} 198 ujesey suope}uesesdos oy) Jo 4280 JeYR Pue }2—1109 6) axoge pepi0as/ uONeULOjUN pue sjuoWis)e}s BusoBex0, ey) Jey} S1eeMs poubjszopun yL| BLVOOL Jawa sawriog aewaascaen “W101 ana suvnog ‘BeW3ESr3EW TWwioL PUAUOD WENT Papremy aoa eras |poreidwoo| eco ped | poued | one, a 7 myo vondyoseq | 2NOHEITAL SSauOQY ‘aMWN Seen Gentes oussneereyoq] @8lea3am | sweroazes | soa san | 0m 0 uondiseeq on :ANOLLWOMdav Avd !aMvn s93rowd| !3NOHAITAL/SSAUGAY 31F14NO9 "NWN ANYaWod| BOIOAN! ATHLNOW HLUM GALUIWENS 36 SAW INWN200 SIHL !LON 3SVITdoee ‘Silla 3SUaUaLNA SSANISN ALISUAAIG O1 SINSWAVd JO GHOOTE 414OdzY NOILVZIIILN ATHLNOW ASIMdNa1Na SSANISNG ALISHAAIG AONSOV ONISNOH LNAWdOTaAad NVLITOdOLaW 9002 WHO4301 302 303 304 305 306 SPECIAL CONDITIONS PROJECT SITE The project site is located at 1224 Martin Street in Nashville, Tennessee. TIME FOR COMPLETION ‘The Contractor shall complete all work required by these Specifications within One Hundred Twenty (120) consecutive calendar days from the date of the Notice to Proceed, TIME FOR COMMENCEMENT OF WORK. Work on this project must begin within seven (7) calendar days after receipt of the Notice to Proceed. LIQUIDATED DAMAGES As actual damages for any delay in completion are impossible of determination, the Contractor and his Sureties shall be liable for and shall pay the Metropolitan Development and Housing Agency the sum of One Hundred Fifty Dollars ($150.00) as fixed, agreed and liquidated damages for each calendar day of delay until the work is completed. RESPONSIBILITIES OF CONTRACTOR Except as otherwise specifically stated in the Contract Documents and Technical Specifications, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, heat, power, transportation, superintendence, temporary construction of every nature, charges, levies, fees or other expenses and all other services and facilities of every nature whatsoever necessary for the performance of the Contract and to deliver all improvements embraced in this Contract in every respect within the specified time. COMMUNICATIONS A. All notices, demands, requests, instructions, approvals, proposals and claims must be in writing, B. Any notice given or demand made by either party to the Contract shall be sufficiently given if delivered at the office of the other party, or deposited in the United States307 308 mail in a sealed, postage-prepaid envelope, or delivered to any telegraph company for transmission with charges prepaid, in each case properly addressed. C. All papers required to be delivered to the Local Public Agency shall, unless otherwise specified in writing to the Contractor, be delivered to the Metropolitan Development and Housing Agency, 712 South Sixth Street, Post Office Box 846, Nashville, ‘Tennessee 37202, and any notice to or demand upon the Local Public Agency or to such other address as the Local Public Agency may subsequently specify in writing to the Contractor for such purpose. PROJECT SIGN: (See Example Format at end of Special Conditions) A. The contractor shall provide at his expense a project sign acknowledging the Mayor and district councilman. Metropolitan Development and Housing Agency shall be identified as the agency in charge. Architect/Engineer and consultants names and installing contractor's name shall appear on the project sign. Provide mock-up and receive approval of mock-up from MDHA and from Architect/Engineer prior to erection. The Owner will provide the decals and logos required for the sign. No other commercial or advertising signs will be allowed on the site of the work or on public property in the vicinity of the work. B. The sign shall be fabricated of laminated waterproof plywood 3/4” thick, and shall be mounted on a rigid, substantial wood timber frame with brass wood screws or with suitable brass bolts and washers. Protect all edges and molded wood casing. Paint the sign in approved colors as selected by the Architect, PARTIAL USE OF THE SITE The Local Public Agency, at its election, may give notice to the Contractor and place in use those sections of the improvements which have been completed, inspected, and can bbe accepted as complying with the Technical Specifications and if, in his opinion, each such section is reasonably safe, fit, and convenient for the use and accommodation for which it was intended, provided: ‘A. The use of such sections of the improvement shall in no way impede the completion of the remainder of work by the Contractor. B. The Contractor shall not be responsible for any damages or maintenance costs due directly to the use of such sectio: C. The use of such sections stipulated in the Section 132 entitled GENERAL. GUARANTY under GENERAL CONDITIONS, PART I, shall not begin to run until309 310 3 312 313 the date of final acceptance of all work which the Contractor is required to construct under this contract. The period of guarantee stipulated in the Section 132 entitled GENERAL GUARANTY under GENERAL CONDITIONS, PART I, shall not begin to run until the date of final acceptance of all work which the Contractor is required to construct under this contract. LOCATION OF EXISTING UNDERGROUND FACILITIES The locations of existing piping and underground utilities such as gas mains, water mains, electric duct line, etc., are not known. The Contractor shall, by whatever means he deems necessary, determine that no such underground utilities will be in any way disturbed or damaged by his work. The Agency shall assume no responsibility for the location of such underground utilities. PUBLIC UTILITIES AND PUBLIC PROPERTY TO BE CHANGED In case itis necessary to change or move the property of any owner of a public utility, such owner will, upon proper application by the Contractor, be notified by the Engineer to change or move such property within a specified time, and the contractor shall not interfere with such property until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the Contractor for the purpose of making such repairs or changes of their property that may be made necessary by performance of the contract. The Metropolitan Government shall have the privilege of entering upon the limits of the Contract for the purpose of repairing or relaying sewer and ‘water lines and appurtenances, repairing culverts or storm drains, and for making other repairs, changes or extensions to any of its property. DISPOSAL OF EXCESS EXCAVATED MATERIAL Excess excavated material shall be disposed of in permitted areas as designated by the Metropolitan Department of Public Works Sold Waste Management. Obtain and pay for all required permits for disposal of excess materials. EXCAVATION IN PUBLIC STREETS CONTRACT DOCUMENTS AND DRAWINGS The Local Public Agency will furnish the Contractor without charge, five (5) copies of the Contract Documents, including General and Special Conditions, Technical Specifications and drawings. Additional copies requested by the Contractor will be furnished at cost314 315 316 317 318 CONSTRUCTION STAKES — See Section 134, STAKING WORK, General Conditions, Part I. MATERIAL TESTING ‘All materials and certain specified equipment incorporated in this Contract shall be subject to inspection and test as follows: All tests, except as noted, will be made by an independent established Testing Laboratory, employed and paid for by the Agency. Samples at the mill or factory will be taken by a representative of the Testing Laboratory. Samples of construction materials from the site of work, such as sand, gravel, concrete cylinders, pipe, ete., for which laboratory tests are required shall be taken, assembled or prepared on the site of the work by representatives of the Testing Laboratory or by a competent employee of the Contractor subject to the approval of the Agency. Any necessary containers, shipping boxes or crates will be supplied by the Contractor. The Contractor shall furnish without additional charge, all material that may reasonably be required for testing purposes. The tests to be made, the number of samples, and acceptance and rejection shall be based on the latest standards and tentative standards of the American Society for Testing Materials unless otherwise noted. Whenever in the following specifications the letters ASTM are used, they shall be interpreted to mean the latest Standard Specifications of the American Society for Testing Materials, Testing requirements are set forth in the various Sections of the Technical Specifications. REMOVAL OF CONCRETE ITEMS MAINTAINING OPERATIONS OF THE FACILITY ‘The work under this Contract shall be scheduled and conducted in such a manner and sequence as to cause the least practicable disruption of operations of the facility, If any disruption of operations of the facility is anticipated by the Contractor, he shall submit a written statement of anticipated disruptions, stating the nature and the estimated duration of the disruption to the Owner. Said work shall not commence until approval is granted by the Owner. The Contractor shall provide sufficient signs (warning and other signs) and barricades to properly safeguard the public, and in the event this is not done after direct instructions from the Owner, the Agency shall have the right to provide the necessary item and deduct the expense of same from payment due to the Contractor. WATER SERVICE LINE WORK320 321 322 323 324 ‘The contractor shall relocate all water valves, water meters, and boxes that fall within the curb, gutter, and sidewalk construction to a more favorable area. All work shall be per the METROPOLITAN NASHVILLE WATER AND SEWER SERVICES SPECIFICATIONS. SPECIAL INSURANCE REQUIREMENTS: None TRAFFIC CONTROL SIGNS SUPERINTENDANCE BY CONTRACTOR The attention of the bidder is directed to Paragraph 102 of the GENERAL CONDITIONS, page GC-2, which requires a full time resident superintendent representing the prime contractor on the job at all times. WORK ADJACENT TO TRUNK WATER LINES SAFETY AND HEALTH REGULATIONS This Contract is subject to the Safety and Health Regulations for Construction of the U.S. Department of Labor. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT The Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the clean Air Act, as amended (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.) ‘Compliance with these acts shall be expanded to include the following requirements from EPA Federal Register, April 16, 1975: A stipulation by the Contractor or subcontractors that any facility to be utilized the performance of any non-exempt Subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20, 2. Agreement by the Contractor to comply with all requirements of Section 114 of the Air and Section 308 of the Water Act relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder.325 3. A stipulation that as a condition for the award of a contract the applicant or contractor shall notify the awarding official of the receipt of any communication from the Director indicating that a facility to be utilized for the contract is under consideration to be listed on the EPA list of Violating Facilities. Prompt notification shall be required prior to Contract award. SECTION 3 CLAUSE (A) The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of ‘Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. (B) The parties to this contract will comply with the provisions of said Section 3 and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. (C) The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers” representative of this commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (D) The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations,326 TERMINATION IN BEST INTEREST OF LOCAL PUBLIC AGENCY. ‘The Local Public Agency may terminate this contract at any time at its sole discretion for any reason it feels is in its best interest by a notice in writing from the Local Public Agency. 327. TITLE VL ‘The Metropolitan Development and Housing Agency (MDHA) prohibits discrimination in all of| its programs and activities on the basis of race, color or national origin. The agency will comply with all statutes and regulations of Title VI of the Civil Rights Act of 1964. No person should be excluded from participation in or be denied the benefit of or be subjected to discrimination under any program or service provided by or affiliated with MDHA on the basis of non-merit reasons. To file a complaint of discrimination write or call: Harold Haynes Contracting Officer 712 South 6" Street Nashville, TN 37206 (615) 252-8494 Fax (615) 252-6733Ng Seanakoeme = ee genie 9 pana hans oem. szsqaioeqoun09) (ourey sojasil aapnaax) * H ("919 auren yoaforg 10 ourey quatudojoaaql se Yong) 0M Jo ouTEN, (Crone sug MON ‘sopenousy{ se Hons) HOM yo wondis98eqGHP-08041.10 SECTION 01 11 00 - PAGE 4 SNAP Community Center SUMMARY OF WORK Nashville, Tennessee SUMMARY OF WORK PART 1- GENERAL 1.01 SCOPE: The Work of this Contract shall include the furnishing of all labor, materials, equipment, tools, construction equipment and machinery, water, heat utlities, transportation, insurance, taxes, superintendence, coordination and miscellaneous services required for the construction and completion of the Work, whether temporary or permanent and whether or not incorporated or to be. Incorporated into the Work. All Work shall be performed in strict accordance with the Contract Documents. In the event of conflict within the Contract Documents or within these Specifications, the provisions of the more stringent, as determined by the Architect, shall govern WORK OF OTHER RELATED SECTIONS: All other Sections and documents contained herein also including the Contract Drawings. CONTRACTOR'S USE OF PREMISE: Contractor shall have complete and exclusive use of the immediate construction premises for execution of the Work, On-site working rules for the Contractor, subcontractors, materials suppliers, and all employees. 1 ‘Sexual harassment will not be tolerated. This shall include, but not be limited to, cat calls, hooting, physical gestures and suggestive wording or graphies on clothing, 2. Proper attire must be worn at all times. Unacceptable clothing shall include, but not be limited to, shorts and tank tops and tee-shirts with unacceptable wording or graphics. 3. Workers shall wear shirts at all times. 4. Unacceptable or foul language is not allowed. 5. Workmen shall not initiate conversation with nor shall they have contact of any kind with any ‘Owner and staff. All conversation shall be directed to the Contractor's superintendent. 6. Smoking is not allowed 7. Alooholic beverages, weapons, and illegal non-prescription drugs are not allowed on the site. Persons caught introducing illegal or banned items onto the construction site will be asked to leave the site immediately and shall become eligible for dismissal. Contine operations at sito to areas permitted by law ordinances, permits and Contract Documents. Do not unreasonably encumber site with materials or equipment. Do not load structure, new or existing, with weight that will endanger structure. SITE INVESTIGATION: ‘The Contractor acknowledges thathe has satisfied himself as to the nature and location of the Work, the general and local conditions, particularly those bearing upon transportation, disposal, handling GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 11 00 - PAGE 2 SNAP Community Center SUMMARY OF WORK Nashville, Tennessee 1.05 1.06 and storage of materials, availabilty of labor, water, electric power, roads and uncertainties of ‘weather, ground water table or similar physical conditions at the site, the conformation and condition of the ground, existing conditions of all structures, improvements, bullding gystems, ete., the character, quality and quantity of surface and subsurface materials to be encountered, the character of equipment and facilities needed prior to and during the prosecution of the Work, the impact and ‘extent of the work on existing structures, equipment and systems, and all other matters which can in any way affect the Work or the cost thereof under this Contract. Any failure by the Contractor to acquaint himself with allthe available information concerning these conditions will notrelieve him from responsibilty for estimating properly the difficulty or cost of successfully performing the Work, HAZARDOUS MATERIALS: Do not incorporate into the Work hazardous materials or products (including, but not limited to, any ‘mineral form of asbestos) as currently defined in the Resource Conservation and Recovery Act of 1976 (RCRA), the Comprehensive Environmental Response, Compensation, and Liability Actof 1980 (CERCLA), or Environmental Protection Agency (EPA) regulations, rules, or requirements, as ‘amended, unless the Contract Documents give no other option than to provide a material or product which contains a hazardous material, component, constituent, waste, or leachate, In studying the Contract Documents and carrying out the Work, report In writing at once to the Architect the discovery of a product or material (whether new or already existing on the Project) which contains hazardous materials, components, constituents, waste, or leachate. Do not incorporate in the Work a product or material which contains concentrations of a constituent, component, or material above the threshold levels which would require adherence to hazardous waste disposal regulations as currently defined, or could cause a release or threat or release of a hazardous substance ata level that would require a remedial response or removal action as currently defined by RCRA, CERCLA, or the EPA. Select materials and products mooting specified requirements which comply with EPA requirements as regards hazardous materials content. In making requests for substitutions, determined that materials and products proposed for substitution comply with RCRA, CERCLA, and EPA requirements, OWNER OCCUPANCY DURING THE WORK: Occupancy: The Owner will be continuously occupying areas of the bullding immediately adjacent to areas of work. Conduct the construction work in manner that will minimize conflict and the need {or disruption of Owner's normal operations. Facilitate the Owner's continued use of the premises, Provide minimum of 72 hours advance notice to Owner of construction activities that will severely impact Owner's normal operations, Cover and protect furniture, equipment and fixtures to remain from soil construction work is performed in adjacent rooms or areas. 1g or damage when Erect and maintain dust-proof partitions and closures as required to prevent spread of dust or fumes to occupied portions of the building 1 Where selective work occurs immediately adjacent to occupied portions of the building, construct dust-proof partitions and fill partion cavity with sound-deadening insulation, 2. Provide weatherproof closures for exterior openings resulting from progress of the work. GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 11 00 - PAGE 3 SNAP Community Center SUMMARY OF WORK Nashville, Tennessee Contractor shall at all times conduct his operations as to insure the least inconvenience and the greatest amount of safely and security for the Owner, his staff, and the general public. PARTIAL OWNER OCCUPANCY PRIOR TO COMPLETION: ‘The Owner reserves the right of partial occupancy or use of facies, services, and utilties, prior to ‘Substantial Completion, without implying completion or acceptance of any part of the Project. Prior to such occupancy or use, procedures as outlined in Section 01 77 00, Closeout Procedures" willbe adhered to. ‘The Contractor shall provide access to the building for the Owner's personnel plus provide the correct operation of the heating, ventilating, and air conditioning, and electrical system Necessary restoration and repair of damage resulting from partial occupancy or use shall not be at the expense of the Contractor. ‘The Contractor shall also permit the Owner to piace and install, or to have other Contractors place and install, as much equipment during the progress of the Work as is possible before the final acceptance of the various parts of the Work, and shall coordinate such placing and installation of the equipment, so that it does not in any way whatever interfere with the progress of the Work or any portion of it, PROTECTION REQUIREMENTS FOR NEW AND EXISTING CONSTRUCTION: Protect the existing building from wind, storms, cold heat, water and dust damage of any sort. Provide all equipment and enclosures to maintain this protection and keep the building interior free ‘of water and dust during the life of the Contract, Provide all shoring and bracing required to maintain the integrity and the safety of the existing structure and for the proper execution of the Work. Exercise the utmost care to protect all existing utility lines from damage during the progress of the Work, Provide and erect before any work begins, and maintain during the progress of the Work, all necessary fences, warning signals, signs and lights. Extent of this work and details of construction shall be in accordance with the requirements of all state and local codes. Any portion of the existing building or existing utlity services not included as part of this Contract or any portion of the Work damaged because of failure to provide the protection required shall be removed and replaced with new materials and construction at the Contractor's expense. This work shall be accomplished subject to the Architect's and Owner's approval. REPLACEMENT AND REPAIR OF ANY STRUCTURES THAT HAVE BEEN DESTROYED IN THE PROGRESS OF THE WORK: Because of the installation of the new items of equipment, fixtures, materials, etc., that are required by this Project, it shall become necessary to remove portions of the existing structure, equipment, GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 11 00 - PAGE 4 SNAP Community Center SUMMARY OF WORK Nashville, Tennessee and/or utilty services. Unless specifically noted otherwise on the Drawings, the Contractor shall be responsible for replacing, in a condition of identical appearance, construction, design, working order, and strength as its previous state, any such portion of the existing structure, equipment, and/or utility services so required to be disturbed. The replaced item shall meet the approval of the Architect before final approval of the Project is given RECORD DOCUMENT SUBMITTALS: General: As work progresses, prepare and maintain record documents as specified herein. Each record shall be certified by the Contractor. Do not use record documents for construction purposes: protect from deterioration and loss in a secure, fire-resistive location accessible to the Architect for reference during normal working hours, Upon completion, turn record documents over to the Architect. Record drawings: Maintain a white-print set (blue-line or black-line) of contract drawings (including amendment and change order drawings) and shop drawings in clean, undamaged condition, with ‘mark-up of actual installations which vary from the work as originally shown. Mark whichever drawing is most capable of showing ‘field’ condition fully and accurately; however a cross-reference at corresponding location on working drawings, Mark with red erasable pencil and, where feasible, use other colors to distinguish between variations in separate categories of work. Mark-up new information which is recognized to be of importance, but was for some reason not shown on either contract drawings or shop drawings. Give particular attention to concealed work, which would be difficult to measure and record at a later date. Note related change order number where applicable. Organize record drawing sheets into manageable sets, bind with durable paper cover sheets, and print sultable titles, dates and other identification on cover of each set. Record specification: Maintain one copy of specifications, including amendments, change orders and similar notifications issued in printed form during construction, and mark-up variations in actual work in comparison with text of specifications and modifications as issued. Give particular attention to substitutions, selection of options, and similar information on work where it is concealed or cannot otherwise be readily discerned at a later date by direct observation. Note related record drawing information and product data, where applicable. Record product data, certifications and laboratory test reports: Maintain one copy of each product data submittal, product certification, and laboratory test report and mark-up significant variations in actual work in comparison with submitted information. Include both variations in product as delivered to site, and variations from manufacturer's instructions and recommendations for installation. Give particular attention to concealed products and portions of the work which cannot otherwise be readily discerned at a later date by direct observation. Note related change orders and mark-up of record drawings and specifications, Record sample submittal: Immediately prior to date(s) of substantial completion, the Architect or his designated representatives will meet with Contractor at the site, and will determine which (if any) of submitted samples maintained by Contractor during progress of the work are to be retained by the Owner. Comply with the Architect's instructions for packaging, identification marking, and delivery, GOBBELL HAYS PARTNERSGHP-08041.10 SNAP Community Center Nashville, Tennessee PART 2- PRODUCTS (NOT APPLICABLE) PART 3 - EXECUTION (NOT APPLICABLE) - END OF SECTION - SECTION 01 11 00 - PAGE 5 ‘SUMMARY OF WORK GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 25 00 - PAGE 1 SNAP Community Center SUBSTITUTIONS Nashville, Tennessee SUBSTITUTIONS PART 1- GENERAL 4.01 SECTION INCLUDES ‘A. Requirements for requesting approval of proposed substitutions 8. The requirements of this section govern the use of “Substitution Request Form - Section 01 26 10" 4.02 LIMITATIONS ON SUBSTITUTIONS A. General substitution requirements: The Contracts based on the materials, equipment, and methods described in the Contract Documents. Substitution or approval of alternative products will be considered after bids are opened only under the following conditions: 1 ‘The Contractor hall place orders for specified materials and equipment promptly upon award of the Contract. No excuse for proposed substitution will be considered for materials and ‘equipment due to unavailability unless proof is submitted that firm orders were placed with and accepted by the manufacturer within 40 days after the Notice to Proceed with the work. of the Project. 2, The reason for the unavailability shall be taken to mean beyond the control of the Contractor. Unavailability will be construed as being due to strikes, bankruptcy, discontinuance of the manufacture of a product, or Acts of God. 3. Requests for such substitution shall be made in writing to the Architect after the award of a contract and within 10 days of the date on which the Contractor ascertains that he cannot, ‘obtain the material or equipment specified. 4. In certain instances, the manufacturer and/or the supplier of materials and services are required to receive the approval of the Architect. In otherinstances, approved manufacturers have been named outright. For either case, the approval by the Architect of a manufacturer or supplier shall not relieve the manufacturer or that supplier from providing a product that, fully meets the requirements of the Contract Documents. B. Availability of specified items: 1. Verify prior to bidding that all specified items will be available in time for installation during orderly and timely progress of the Work. 2, Inthe event specified item or items will not be so available, so notify the Architect prior to receipt of bids, 3, Costs of delays because of non-availability of specified items, when such delays could have been avoided by the Contractor, will be back charged as necessary and shall not be borne by the Owner. ©. *Orequar’ 1 Where the phrase “or an approved equal’, Yor equal as approved by the Architect occurs in the Contract Documents, do not assume that material, equipment or methods will be approved as equal by the Architect unless the item has been specifically approved for this Work by the Architect. 2. The decision of the Architect shall be final D. Substitutions will not be considered unless the "Substitution Request Form - Section 01 25 10" GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 25 00 - PAGE 2 SNAP Community Center Nashville, Tennessee SUBSTITUTIONS 1.03 attached in this Project Manualis used and the requirements of this section and Section 01 25 10 are fully complied with. Other types of forms are not acceptable. Substitutions will not be considered when indicated on shop drawings or product data submittals without separate formal request complying with "submittal procedures" specified in this section, Substitutions will not be considered unless submitted through the Contractor. Additional studies, investigations, submittals, redesign and/or analysis by the Architect caused by the requested substitutions shall be paid by the Contractor at no expense to the Owner. ‘Substitute products shall not be ordered or installed without written acceptance. Only one request for substitution for each product will be considered, When substitution is not accepted by the Architect, provide the specified product, Architect will determine the acceptability of all substitutions. REQUESTS FOR SUBSTITUTIONS Contractor's Representation 1 Request for substitution constitutes a representation that the Contractor has investigated the Proposed product and has determined that it is equal to or superior in all respects to the specified product, 2. Request for substitution constitutes a representation that the Contractor will provide same ‘ype of warranty for substitution as for specified product. Contractor's warranty shall be in writing guaranteeing all substituted products have same or superior performance as the product specified 3. Request for substitution constitutes a representation that the Contractor will coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects. 4, Request for substitution constitutes a representation that the Contractor walves all claims for additional costs related to substitutions which consequently become apparent. 5, Request for substitution constitutes a representation that the cost data is complete and includes all related cost under his Contract, but excludes any approved Architect's design fees required by substitution. 6. Request for substitution constitutes a representation that the Contractor has thoroughly investigated the proposed substitute to determine if license fees and royalties are pending on the proposed substitute Requests for substitutions shall be submitted on “Substitution Request Form - Section 01 25 1 attached in this Project Manual. Legible copies of this form shall be complete with data substantiating compliance of proposed substitution with requirements of Contract Documents including the following Information: 1. Project tile and Architect's project number. 2. Identification of product specified including Specifications Section and Paragraph Number. 3. Identification of proposed substitute complete with manufacturer's name and address, trade ‘ame of product, and model or catalog number. Attach product data as specified in Section 01 33 00. 4, List of fabricator and supplier (with address and phone number) for proposed substitute. GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 25 00 - PAGE 3 SNAP Community Genter SUBSTITUTIONS Nashville, Tennessee 5. The affect of substitution on dimensions, material thicknesses, wiring, piping, duct work, ete. indicated in Contract Documents, The affect of substitution on other trades. The affect of substitution on construction schedule. Differences in quality and performance between specified product and proposed substitute. ‘Comparison of manufacturer's guarantees of specified product and proposed substitute. Availability of maintenance services and replacement materials for proposed substitute. Cost data comparing proposed substitute with specified product, and amount of net change to Contract Sum 12. License fees andlor royalties pending on proposed substitute, PART 2- PRODUCTS NOT USED. PART 3 - EXECUTION NOT USED. END OF SECTION GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 25 10 - PAGE 1 SNAP Community Center SUBSTITUTION REQUEST Nashville, Tennessee FORM SUBSTITUTION REQUEST FORM GENERAL: This form is part of the substitution requirements specified in Section 01 25 10. Submittal to be sent to the Architect for approval. PROJECT TITLE & NO. TO: Gobbell Hays Partners 217 Fifth Avenue North Nashville, Tennessee 37219 Tel. 618-254-8500 Fax 615-256-3439 ATTN: SPECIFIED ITEM Section_____ Paragraph. PROPOSED SUBSTITUTE __ ‘Attach complete description, catalog, spec data, and laboratory tests if applicable. 1. What effect will substitution have on dimensions, gauges, weights, etc. indicated in Contract Documents? 2. What effect will substitution have on wiring, piping, duct work, etc. indicated in Contract Documents? 3. What effect will substitutions have on other trades? GOBBELL HAYS PARTNERS.GHP-08041.10 SECTION 01 25 10 - PAGE 2 SURE Conitnunay Coney SUBSTITUTION REQUEST . FORM 4. What effect will substitution have on construction schedule? 5. What are the differences in quality and performance between proposed substitute and specified product? 6. Manufacturer's guarantees of the specified products and proposed products are: Same Different (Explain) 7. List (on separate shest) the availability of maintenance services and replacement materials for proposed substitute 8, List (on separate sheet) names, addresses and phone numbers of fabricators and suppliers for proposed substitutes. 9. Ifthe substitution request is accepted, it wll result No cost impact Credit (How much) ‘Added cost (How much) 10, There are_areno_ license fees and royalties pending on the proposed substitute. (Explain) 11. The undersigned shall pay for additional studies, investigations, submittals, redesign and/or analysis by the Architec/Engineer caused by the requested substitutions. GOBBELL HAYS PARTNERSGHP-08041.10 SNAP Community Center Nashville, Tennessee SUBMITTED BY: (Contractor) Firm SECTION 01 25 10 - PAGE 3 SUBSTITUTION REQUEST FORM Address Signature Telephone No. Date, ‘Submitted for review by Architect. Date ARCHITECT/ENGINEER'S REVIEW COMMENTS: _Accepted Accepted as Noted (see attached copy) “Rejected due to incomplete form. Resubmit Not Accepted Received Too Late Signature Dato Remarks END OF SECTION GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 26 20 - PAGE 1 SNAP Community Center WEATHER DELAYS Nashville, Tennessee WEATHER DELAYS. PART 1 - GENERAL 101 1.02 1.03 EXTENSIONS OF CONTRACT TIME: If the basis exists for an extension of time, an extension of time on the basis of weather may be {granted only for the number of Weather Delay Days in excess of the number of days listed as the Standard Baseline for that month, STANDARD BASELINE FOR AVERAGE CLIMATIC RANGE: ‘The Owner has reviewed weather data available from the National Oceanic and Atmospheric Administration and determined @ Standard Baseline of average climatic range for the State of Tennessee. Standard Baseline shall be regarded as the normal and anticipatable number of calendar days for each month during which construction activity shall be expected to be prevented and suspended by cause of adverse wether. Suspension of construction activity for the number of days each month as. listed in the Standard Baseline is included in the Work and Is not eligible for extension of Contract Time. Standard Basoline is as follows: Jan Feb Mar Apr May Jun Jul Aug Sep-Oct Nove fe ee ee eae ee " ADVERSE WEATHER AND WEATHER DELAY DAYS: ‘Adverse Weather is defined as the occurrence of one or more of the following conditions which prevents exterior construction activity or access to the site within 24 hours: 1 Precipitation (rain, snow, or ice) in excess of 0.10" liquid measure 2. Temperatures which do not rise above 32 degrees F by 10:00 am. 3. Temperatures which do not rise above that specified for the day's construction activity by 10:00 a.m., it any is specified. 4, Sustained wind in excess of 25 m.p.h. 5. Standing snow in excess 1" ‘Adverse Weather may include, if appropriate, “dry-out” or “mud” days: 1 For rain days above the standard baseline. 2. Only if there is a hindrance to site access or sitework, such as excavation, backfll, and footings. 3, Ata rate no greater than 1 make-up for each day or consecutive days of rain beyond the standard baseline that total 1" or more, liquid measure, unless specifically recommended otherwise by the Architect. ‘A Weather Delay Day may be counted if adverse weather prevents work on the Project for 50% or more of the Contractor's scheduled work day, including a weekend day or holiday if Contractor has scheduled construction activity that day. GOBBELL HAYS PARTNERS:GHP-08041.10 SECTION 01 26 20 - PAGE 2 SNAP Community Center WEATHER DELAYS Nashville, Tennessee 1.04 DOCUMENTATION AND SUBMITTALS: ‘A. Submit daily jobsite work logs showing which and to what extent construction activities have been affected by weather on a monthly basis. 8. Submit actual weather data to support claim for time extension obtained from nearest NOAA wether station or other independently verified source approved by the Architect at beginning of Project. ©. Use Standard Baseline data provided in this Section when documenting actual delays due to wether in excess of the average climatic range. D. Organize claim and documentation to facilitate evaluation on a basis of calendar month periods, and submit in accordance with the procedures for Claims established herein. E. fan extension of Contract Time is appropriate, it shall be affected in accordance with the provisions the General Conditions. - END OF SECTION - GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 29 00 - PAGE 1 SNAP Community Center, PAYMENT PROCEDURES Nashville, Tennessee PAYMENT PROCEDURES PART 1- GENERAL 1.01 1.02 Scop! ‘This Section specifies administrative and proceduralrequirements governing Contractor's Application for Payment, 1 Coordinate the Schedule of Values and applications for Payment with the Constructor's Construction Schedule, List of Subcontracts, and Submittal Schedule. ‘The Contractor's Construction Schedule and submittal Schedule are included in Section "Submittals" SCHEDULE OF VALUES: Coordinate preparation of Schedule of Values with preparation of the Contractor's Construction ‘Schedule. 1 Correlate line items in the Schedule of Values with other required administrative schedules and forms, including a. Contractor's construction schedule. b. Application for Payment form. ©. List of subcontractors. d. List of products. e. List of principal suppliers and fabricators. t ‘Schedule of submittals. 2. Submit the Schedule of Values to the Architect at the earliest feasible date, but in no case later than 7 days before the date scheduled for submittal of the initial Application for Payment, 3. Sub-schedules: Where the Work Is separated into phases that require separately phased Payments, provide sub-schedules showing values correlated with each phase of payment. Format and content: use the Project manual Table of Contents as a guide to establish the format for the Schedule of Values. 1. Identification: Include the following Project identification on the Schedule of Valves. a. Project name and location, b. Name of Architect, ©. Project number d. Contractor's name and address fe. Date of submittal 2. Arrange the Schedule of Values in a tabular form with separate columns to indicate the following for each item listed: Generic name. Related Specification Section Name of subcontractor Name of manufacturer or fabricator. Name of Supplier. Change Orders (numbers) that have affected value, Dollar value Percentage of Contract Sum to the nearest one-hundredth percent, adjusted to total GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 29 00 - PAGE 2 SNAP Community Center PAYMENT PROCEDURES Nashville, Tennessee 1.03 100 percent. 3. Provide a breakdown of the Contract sum in sufficient detailto facilitate continued evaluation of Applications for Payment and progress reports. Break principal subcontract amounts. down into several line items. 4, Round amounts off to the nearest whole dollar; the total shall equal the Contract Sum 5. For each part of the Work where an Application for Payment may include materials or equipment, purchased or fabricated and stored, but not yet installed, provide separate line items on the Schedule of Values for initial cost of the materials, for each subsequent stage of completion, and for total installed value of that part of the Work. 6. Margins of cost: Show line items for indirect costs, and margins on actual costs, only to the extent that such items willbe listed individually in Applications for Payment. Each item in the ‘Schedule of Values and Applications for Payment shall be complete including is total cost and proportionate share of general overhead and profit margin APPLICATIONS FOR PAYMENT: Each Application for Payment shall be consistent with previous applications and payments as certified by the Architect and paid for by the Owner. 1. The intial Application for Paymentat time of Substantial Completion, and the final Application for Payment involve additional requirements, Payment application times: The date for each progress payment is the 15th day of each month unless indicated otherwise in the agreement. The period of construction Work covered by each application for Payment s the period ending days prior to the date for each progress payment and starting the day following the end of the preceding period Payment application forms: Use AIA Document G702 and Continuation Sheets G703 as the form for Application for Payment. Application preparation: Complete every entry on the form, including notarization and execution by Person authorized to sign legal documents on behalf of the Owner. Incomplete applications will be returned without action, 1 Entries shall match data on the Schedule of Values and Contractor's Construction Schedule. Use updated schedules if revision have been made. 2. Include amounts of Change Orders and Construction Change Directives issued prior to the last day of the construction period covered by the application, Transmittal: Submit 3 executed copies of each Application for Payment to the Architect by means ensuring receipt within 24 hours; one copy shall be complete, including waivers of lien and similar attachments, when required 1 Transmit each copy with a transmittal form listing attachments, and recording appropriate information related to the application in a manner acceptable to the Architect. Waivers of Mechanics lien: With each Application for Payment submit waivers of mechanics liens from subcontractors or sub-subcontractors and suppliers for the construction period covered by the previous application. 1 Submit partial waivers on each item for the amount requested, prior to deduction for relainage, on each item. 2. When an application shows completion of an item, submit final or full waivers. 3. The Owner reserves the right to designate which entities involved in the Work must submit GOBBELL HAYS PARTNERSGHP-08041.10 ‘SECTION 01 29 00 - PAGE 3 SNAP Community Center PAYMENT PROCEDURES Nashvil, Tennessee 4, Waiver delays: Submit each Application for Payment with the Contractor's waiver of mechanics lien for the period of construction covered by the application. 5. Submit final Application for Payment with or preceded by final waivers from every entity involved with performance of Work covered by the application who could lawfully be entitled to alien, 6. Waiver forms: Submit waivers of lien on forms, and executed in a manner, acceptable to Owner. G. Initial application for payment: Administrative actions and submittals that must precede or coincide with submittal of the first Application for Payment include the following List of subcontractors. List of principal suppliers and fabricators. Schedule of Values. Contractor's construction schedule (preliminary if not final). Schedule of principal products. ‘Submittal schedule (preliminary if not final). List of Contractor's staff assignments. Copies of building permits. Copies of authorizations and licenses from governing authorities for performance of the Work, 10. Report of pre-construction meeting 11. Certificates of insurance and insurance policies. 12. Performance and payment bonds (if required). 13. Data needed to acquire Owner's insurance. 14, Initia settlement survey and damage report, if required. H. Application for payment at Substantial Completion: Following issuance of the Certificate of Substantial Completion, submit an Application for Payment; this application shall reflect any Certificates of Partial Substantial Completion issued previously for Owner occupancy of designated portions of the Work. ‘Administrative actions and submittals that shall proceed or coincide with this application include: 1 Occupancy permits and similar approvals. 2. Warranties (guarantees) and maintenance agreements. 3. Test/adjust/balance records. 4. Maintenance instructions. 5. Meter readings. 6 Start-up performance reports. 7. Change-over information related to Owner's occupancy, use, operation and maintenance. 8. Final cleaning, 8. Application for reduction of retainage, and consent of surety. 10. Advice on shifting insurance coverages. 44. Final progress photographs where required. 12, List of incomplete Work, recognized as exceptions to Architect's Certificate of Substantial Completion J. Finalpayment application: Administrative actions and submittals which must precede orcoincide with submittal of the final payment Application for Payment include the following: GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 29 00 - PAGE 4 SNAP Community Center PAYMENT PROCEDURES Nashville, Tennessee 1 Completion of Project closeout requirements. 2. Completion of items specified for completion after Substantial Completion. 3. Assurance that unsettled claims will be settled Assurance that Work not complete and accepted will be completed without undue delay. Transmittal of required Project construction records to Owner. Proof that taxes, fees and similar obligations have been paid Removal of temporary facilities and services. Removal of surplus materials, rubbish and similar elements. Change of door locks to Owner's access PART 2 - PRODUCTS NOT APPLICABLE. PART 3- EXECUTION NOT APPLICABLE. -END OF SECTION - GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 31 13 - PAGE 1 SNAP Community Center PROJECT COORDINATION Nashville, Tennessee PROJECT COORDINATION PART 1 - GENERAL 1.01 1.02 SCOPE: Minimum administrative and supervisory requirements necessary for coordination of Work on the Project include, but not limited to: Coordination and meetings. Administrative and supervisory personnel. Surveys and records or reports. Limitations for use of site ‘Special reports. General installation provisions. Cleaning and protection, Conservation and salvage. Work of other contractors outside the scope of this Contract but working in the immediate Vicinity of this Site. COORDINATION AND MEETINGS: Prepare a written memorandum on required coordination activities. Include such items as requited Notices, reports and attendance at meetings. Distribute this memorandum to each entity performing work at the Project site. Prepare similar memorandum for separate contractors where interfacing of their work is required. Coordination drawings: Prepare coordination drawings where work by separate entities requires fabrication off site of products and shall indicate how work shown by separate shop drawings will interface, and shall indicate sequence for installation. Comply with all requirements of the "Submittals" section. Monthly coordination meetings: Hold monthly general Project coordination meetings at regularly scheduled times convenient for all parties involved. These meotings are in addition to specific meetings held for other purposes, such as regular Project meetings and special pre-installation meetings. Request representation at each meeting by every party currently involved in coordination or planning for the Work of the entire Project. Conduct meetings in a manner which will resolve coordination problems. Record results of the meeting and distribute copies to everyone in attendance and to others affected by decisions or actions resulting from each meeting, 1 ‘At Contractor's option, monthly coordination meetings can be held integrally with monthly progress meetings as specified in other sections of this specification. LIMITATIONS ON USE OF THE SITE: Limitations on site usage as well as specific requirements that impact site utilization are indicated on the Drawings and by other Contract Documents. In addition to these limitations and requirements administer allocation of available space equitable among entitles needing both access and space so {8 to produce the best overall efficiency in performance of the total work of the Project, Schedule deliveries so as to minimize space and time requirements for storage of materials and equipment on site, GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 31 13 - PAGE 2 SNAP Community Center PROJECT COORDINATION Nashville, Tennessee 1.04 SPECIAL REPORTS: ‘A. Submit special report directly to the Owner within one day of an occurrence. Submit a copy of the report to the Architect and other entities that are affected by the occurrence. B. Reporting unusual events: When an event of an unusual and significant nature occurs at the site, prepare and submit a special report. List chain of events, persons participating, response by the Contractor's personnel, an evaluation of the results or effects and similar pertinent information Advise the Owner in advance when such events are known or predictable, ©. Reporting accidents: Prepare and submit reports of significant accidents, at site and anywhere else work is in progress. Record and document data and actions. For this purpose, a significant accident is defined to include events where personal injury is sustained, or property loss of substance is sustained, or where the event posed a significant threat of loss or personal injury. PART 2- PRODUCTS. NOT APPLICABLE PART 3 - EXECUTION 3.01 GENERAL INSTALLATION PROVISIONS: ‘A. Pre-installation conferences: In addition to other pre-installation requirements indicated throughout the Contract Documents, hold a pre-installation meeting at the Project site well before installation of each unit of work which requires coordination with other work. Installer and representatives of the manufacturers and fabricators who are involved in or affected by that unit or work, and with its coordination or integration with other work that has preceded or will follow shall attend this meeting Advise the Architect of scheduled meeting dates. 1 ‘Ateach meeting review progress of other work and preparations for the particular work under consideration including specific requirements for the following: Contract Documents. Options. Related change orders. Purchases. Deliveries ‘Shop drawings, project data and quality control samples. Possible conflicts and compatibility problems. Time schedules. Weather limitations. Manufacturer's recommendations. Compatibtity of materials Acceptability of substrates. ‘Temporary facilities. ‘Space and access limitations, parr crsersacge GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 31 13 - PAGE 3 SNAP Community Center PROJECT COORDINATION Nashville, Tennessee 3.02 ©. Governing regulations. Pp. Safety. @. _ Inspection and testing requirements. F. Required performance results. 8 Recording requirements, t Protection. u. Other contractors performing work outside of the scope of this Contract. 2, Record significant discussions of each conference, and record agreements and disagreements, along with the final plan of action. Distribute the record of meeting promptly to everyone concemed, including the Owner and Architect. 3. Do not proceed with the Work if the pre-installation conference cannot be successfully concluded. Initiate whatever actions are necessary to resolve impediments to performance of the Work and reconvene pre-installation conference at the earliest feasible date. Installer’s inspection of conditions: Require the installer of each major unit of work to inspect the substrate to receive work and conditions under which the work is to be performed. The installer shall report all unsatisfactory conditions in writing to the Contractor. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to the installer. Manufacturer's instructions: Where installations include manufactured products, comply with the manufacturer's applicable instructions and recommendations for installation, to the extent that these instructions and recommendations are more explicit or more stringent than requirements indicated in the Contract Documents. Inspect each item of materials or equipment immediately prior to installation. Reject damaged and defective items. Provide attachment and connection devices and methods for securing work. Secure work true to line and level, and within recognized industry tolerances. Allow expansion and bullding movement. Provide uniform joint width in exposed work. Arrange joints in exposed work to obtain the best visual effect. Refer questionable visual-effect choices to the Architect for final decision. Recheck measurements and dimensions of the work, as an integral step of starting each installation. Install each unit-or-work during weather conditions and Project status which will ensure the best possible results in coordination with the entire Work. Isolate each unit of work from incompatible work {as necessary to prevent deterioration. Coordinate enclosure of the Work with required inspections and tests, s0 as to minimize the necessity of uncovering work for that purpose. Mounting heights: Where mounting heights are not indicated, mount individual units of work at industry recognized standard mounting heights for the particular application indicated. Refer questionable mounting height choices to the Architect for final decision. CLEANING AND PROTECTION: During handling and installation of Work at the Project site, clean and protect Work in progress and adjoining work on the basis of continuous maintenance. Apply protective covering on installed work where itis required to ensure freedom from damage or deterioration at time of substantial completion, GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 31 13 - PAGE 4 SNAP Community Center PROJECT COORDINATION Nashville, Tennessee 1 Clean and perform maintenance on installed work as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable camponents to ensure operability without damaging effects, 2. Coordinate with the requirements of Section 01 74 00. B. Limiting exposures of Work: To the extent possible through reasonable control and protection methods, supervise performance of the Work in such a manner and by such means which will ensure that none of the Work, whether completed or in progress, will be subjected to harmful, dangerous, damaging or otherwise deleterious exposure during the progress of the Work. Such exposures include, where applicable, but not by way of limitation the following: 1 Excessive static or dynamic loading, Excessive internal or external pressures. 3. Excessively high or low temperatures. 4. Thermal shock. 5. Excessively high or low humidity. 6. Air contamination or poll 7, 8. 9. Water or ice, Solvents. Chemicals, 10. Light. 11. Puncture. 12. Abrasion. 13. Heavy traffic. 14. Soiling 15. Insect infestation 16. Combustion. 17. Electrical current, 18, High speed operation, improper lubrication, unusual wear of other misuse, 19. Incompatible interface. 20. Destructive testing, 21. Misalignment. 22. Excessive weathering 23. Unprotected storage. 24. Improper shipping or handling, 25. —‘Thett 26. Vandalism 3.03 CONSERVATION AND SALVAGE A. Its a requirement for supervision and administration of the Work that construction operations be carried out with the maximum possible consideration given to conservation of energy, water and materials. In addition maximum consideration shall be given to salvaging materials and equipment involved in performance of the work but not incorporated therein. Refer to other sections for required disposition of salvage materials which are the Owner's property. - END OF SECTION - GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 31 19 - PAGE 1 SNAP Community Center PROJECT MEETINGS Nashville, Tennessee PROJECT MEETINGS PART 1 - GENERAL 1.01 1.02 1.03 SCOPE: This Section specifies administrative and procedural requirements for project meetings including, but not limited to: 1 Pre-construction conference. 2. Coordination meetings. 3. Progress meetings. PRE-CONSTRUCTION CONFERENCE: Schedule a pre-construction conference and organizational meeting at the Project site or other convenient location no later than 15 days after execution of the Agreement and prior to commencement of construction activities. Conduct the meeting to review responsibilities and personnel assignments, Attendees: The Owner, Architect and their consultants, the Contractor and its superintendent, major ‘subcontractors, manufacturers, suppliers and other concerned parties shall each be represented at the conference by persons familiar with and authorized to conclude matters relating to the Work. Agenda: Discuss items of significance that could affect progress including such topics as: 1. Tentative construction schedule. 2. Critical work sequencing, 3. Designation of responsible personne! 4. Procedures for processing field decisions and Change Orders. 5. Procedures for processing Applications for Payment. 6. Distribution of Contract Documents. 7. Submittal of Shop Drawings, Product Data and Samples. 8. Preparation of record documents. 9. Use of the premises. 10. Office, Work and storage areas. 11. Equipment deliveries and priorities. 12. Safety procedures. 13. Firstaid 14. Security. 18. Housekeeping. 16. Working hours. PROGRESS/COORDINATION MEETINGS: Conduct progress meetings at the Project site on a schedule coordinated with Owner and Architect, Notify the Owner and Architect of scheduled meeting dates. Coordinate dates of meetings with reparation of the payment request. Attendees: In addition to representatives of the Owner and Architect, each subcontractor, supplier or other entity concerned with current progress or involved in planning, coordination or performance GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 31 19 - PAGE 2 SNAP Community Center PROJECT MEETINGS Nashville, Tennessee of future activities shall be represented at these meetings by persons familiar with the Project and authorized to conclude matters relating to progress. C. Agenda: Review and correct or approve minutes of the previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to the current status of the Project. 1. Contractor's Construction Schedule: Review progress since the last meeting. Determine where each activity is in relation to the Contractor's Construction Schedule, whether on time. or ahead or behind schodule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time, 2. Review the present and future noods of each entity present, including such items as: Interface requirements. Time. Sequences. Deliveries, Off-site fabrication problems. Access, Site utilization, Temporary facilities and services. Hours of work. Hazards and risks. Housekeeping, Quality and work standards. Change orders. Documentation of information for payment requests. pacer zercaogs D. Reporting: No later than 5 days after each progress meeting date, the Architect will distribute copies of minutes of the meeting to the Contractor and the Owner. Include a brief summary, in narrative form, of progress since the previous meeting and report, 1. Schedule updating: Revise the construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue the revised schedule ‘concurrently with the report of each meeting - END OF SECTION - GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 33 00 - PAGE 1 SNAP Community Center SUBMITTALS Nashville, Tennessee SUBMITTALS PART 1-GENERAL 1.01 A DESCRIPTION: Work included: 1 Wherever possible, throughout the Contract Documents, the minimum acceptable quality of workmanship and materials has been defined elther by manufacturer's name and catalog umber or by reference to recognized industry standards. To ensure that the specified products are furnished and installed in accordance with the design intent, procedures have been established for advance submittal of design data and for its review and approval or rejection by the Architect. PART 2- PRODUCTS 2.01 ‘SHOP DRAWINGS AND PRODUCT DATA: ‘Shop Drawings: 1 Unless otherwise specifically directed by the Architect, make all Shop Drawings accurately. to a scale sufficiently large to show all pertinent features of the item and its method of connection to the Work. ‘Submit 1 print of each item. After the shop drawing has been reviewed and stamped by the Architect, the print willbe fled at the office of the Owner and Architect, and an electronic copy will be returned to the Contractor, from which he shall make as many copies as he feels is needed for the prosecution of the Work. The Architect willnot furnish additional prints to the Contractor, ‘Submit information drawn to scale. Do not base Shop Drawings on reproductions of the Contract Documents or on standard printed data. Do not reproduce drawings or details from the original design documents and submit them for Shop Drawings. Ata minimum, provide the following information a, Dimensions, fabrication and installation dra\ and relationship to adjoining construction. b. Identification of products and materials. c.—— Wiring diagrams showing field-installed witing, d. Notation of coordination requirements. @. _Nolation of dimensions established by field measurement. 8, roughing-i ‘and setting diagrams, Product Data: 1 The Architect will require 1 copy to be submitted of Product Data. After the Product Data has been reviewed and stamped by the Architect, the print willbe filed at the office of the Owner, and Architect, and an electronic copy will be returned to the Contractor, from which he shall make as many copies as he feels is needed for the prosecution of the Work. The Architect, will not furnish additional copies to the Contractor. Information not exclusively pertinent to the Project shall be deleted so that there is no Possible area of confusion as to what product, series, or model is to be examined. The Architect or Owner will not take responsibilty for having examined a product that was not GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 33 00 - PAGE 2 SNAP Community Center SUBMITTALS Nashville, Tennessee intended by the Contractor to be judged. 3. Contractor shall clearly mark each copy to show applicable choices and options to include the following a. Data indicating compliance with specified standards and requirements, b. Notation of coordination requirements. ©. For equipment, rated capacities, dimensions, weights, required clearances and furnished specialties and accessories. 4. Allsubmittals must carry a submittal number, a. Each piece of material will plainly show the the Section number and the paragraph. 2.02 2.03 in the Specifications to which the submittal pertains. For example: All data and samples on sealants will bear the number 07 92 00, Para. 2.01, 2.02, ete, SAMPLES, MOCKUPS, AND COLORS: Unless otherwise specifically directed by the Architect, all Samples and Mockups shall be of the precise article proposed to be furnished. Samples and mockups shall faithfully represent the product or the assembly as itis proposed to be installed. This shall include, but not be limited to, materials, finishes, method of construction or assembly, relationship to adjacent construction, method of attachment to adjacent construction, plus any electrical or mechanical connection that are required for the product or assembly to function. Unless the precise color and pattem is specifically described in the Contract Documents, whenever a choice of color or pattern is available in a specified product submit accurate color charts and pattern charts to the Architect for his review and selection. ‘Samples and color charts shallbe physical specimens of materials or colors proposed to be provided. Selections and approval of samples will be made by the Architect from these submitted samples and color charts, without increase in costs to the Owner or Architects. Should the Contractor desire a sample returned, he shall submita sufficient number in order for the Architect to retain one 1 sample and return the remainder to the Contractor. In order for the Architect to make a color schedule as quickly as possible and to avoid delivery and pricing problems, the Contractor shall be required to submit all items that require a color selection within 40 days of the Notice to Proceed. Delivery and pricing problems that develop because an item was not submitted within the forty (40) day time limit, shall be the sole responsibilty of the Contractor and not that of the Owner. The color selection on any one item will not be made until after samples of all tems that require a color selection have been submitted. MAINTENANCE AND OPERATION MANUALS: Provide information for the Owner's maintenance of each system or operating equipment, including, ut not limited to, lubrication, emergency control, parts replacement, spare paris inventory recommendation, listing of tools and accessories needed for maintenance and similar instructions, TABestreports and other test reports, and including warranty and requirements indicated throughout the Specification. Provide manufacturer's operating instructions for each tem of mechanical equipment and supplement GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 33 00 - PAGE 3 SNAP Community Center SUBMITTALS Nashwille, Tennessee 2.04 with additional instructions where necessary. Prepare and submit specific operating instructions for each mechanical system which involves multiple items of equipment, including instructions for charging, start-up, control or sequencing or operation, phase or seasonal variations, shut-down, safety, and similar operational instructions. Prepare in typewritten form, completely explained and easily understood. Organize each maintenance manual to include an index followed by thumb tab marked sections for system operating instructions; emergency instructions including addresses and telephone numbers for service sources; regular system maintenance procedures including lubrication; spare parts listing and stocking recommendations, inspection, adjusting, re-balancing, cleaning, parts replacement, and similar maintenance instructions and recommendations. Manuals shall also include the proper use of tools and accessories; valve schedules and control diagram for each system; manufacturer's data for each operational item in each system; manufacturer's product warranties, and warranties relating to system and equipment items as part of the Work; shop drawings relating to the system, test reports, and Project Record Documents. Bind each maintenance manual in one or more black vinyl covered, 2" thick, three ring binder, plus pocket folder type binders for folded drawings, and mark the back spine of each binder with system identification and volume number. ADDITIONAL REQUIREMENTS FOR MECHANICAL AND ELECTRICAL: Prior to submitting shop drawings, assure that equipment proposed forse will fit into space available, considering space for coil removal, filter service, maintenance, and other activities required to keep equipment operating in proper manner. Note in “red all deviations in electrical and/or mechanical arrangement from that indicated, including, but not limited to, such items as electrical loads, electrical connections and physical size. It is understood when submittal is received that all items that effect other trades have been coordinated with those trades. Submittal data shall include, but is not limited to the following: 1. Arrangement drawings with complete dimensional data. 2. Performance data listing the following: a. Capacities, CFM, GPM, entering and leaving air and water conditions, pressure losses for air and water side and all component pressure losses. Horse power, KW. and total unit electrical requirements. Fan curves, discharge arrangement, motor locations, sheaves and belt data Power and control witing diagrams, showing interlock requirements. Isolators and isolator location with selection data. Filter data with type, size number required and pressure drop. Auxiliary equipment by other manufacturers: Provide name, capacity, dimensions, wiring diagrams and power requirements, PART 3 - EXECUTION 3.01 A THE CONTRACTOR'S DUTIES: The Contractor shall review, stamp with his approval and submit, with reasonable promptness and in such sequence as to cause no delay in the Work or in the work of the Owner or any separate GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 33 00 - PAGE 4 SNAP Community Center SUBMITTALS Nashville, Tennessee 3.02 3.03 contractor, all submittals required by the Contract Documents. Submittals will not be examined unless itis plainly evident that the Contractor has himself reviewed and approved the material. He shall legibly mark and date each item submitted indicating his approval of the submission, Under no circumstances will material be examined that comes to the Architect directly from a Subcontractor. By approving and submitting submittals, the Contractor represents that he has determined and verified all materials, field measurements, and field construction criteria related thereto, of will do so, and that he has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. ‘The Contractor shall not be relieved of responsibilty for any deviation from the requirements of the Contract Documents by the Architect's approval of submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submission and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved from responsibilty for errors or omissions in the submittals by the Architect's approval thereof. Verbal discussion between the Contractor and the Owner or the Architect of a proposed deviation and any subsequent agreements thereto shall not be considered valid unless confirmed in writing by the ‘Owner or the Architect. ‘The Contractor shall direct specific attention, in writing or on resubmitted submittals, to revisions other than those requested by the Architect on previous submittals. Wherever any productis specified in accordance with the Federal Specifications, an ASTM Standard, a United States Standard Specification, or other association standard, the Contractor shall present an affidavit from the manufacturer certifying that the product complies with the particular standard specification. Where necessary and requested or specified, support test data shall be submitted to substantiate compliance SUBMITTAL LoG: Maintain an accurate submittal log for the duration of the construction period, showing status of all submittals of all types. Make the log available to the Architect for review upon request. COORDINATION OF SUBMITTALS: Prior to submittal for Architect's review, use all means necessary to fully coordinate all material, including, but not limited to, the following procedures: 1 Determine and verity al field dimensions and conditions, catalog numbers, and similar data. 2. Coordinate as required with all Trades and will all public agencies involved 3. Secure all necessary approval from public agencies and others; signify by stamp or other means that all required approvals have been obtained. 4, Clearly indicate, in writing, all deviations from the Contract Document. Mechanical and electrical coordination: 1 Provide coordination of ductwork, waste, vent, pipes and conduit, as necessary to provide celling heights required. Provide necessary information to Architect if relocation of services and/or ceiling height changes will have to be made GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 33 00 - PAGE 5 SNAP Community Center SUBMITTALS Nashville, Tennessee 2. Provide scaled equipment layout of mechanical room showing dimensioned equipment pads; floor drain locations; sleeve locations; and equipment location showing required code or service clearance. 3.04 SUBMITTAL SEQUENCE: ‘A. The right is reserved by the Architect to examine submittals and samples in a proper sequence that reflects the logical sequence of erection, installations, and proper assembly. Submittals of products or materials that are the responsibility of separate Trades yet must be assembled in conjunction one with another, shall be submitted at the same time so that they may be examined all together. Should these not be submitted simultaneously, the Architect reserves the right to hold one set while awe the arrival of other submittals. B. All submittals within the responsibility of one Trade must be submitted at one time together (i.e. Millwork). Numerous submittals of one product or item of construction over a period of time is not acceptable. In the event ofthis occurrence, the Architect will hold the submittal data arriving first until the last of the material has arrived. Then, and only then, will he make his examination, 3.05 TIMING OF SUBMITTALS: ‘A. Make all submittals far enough in advance of scheduled dates for installation to provide all required time for reviews, for securing necessary approvals, for possible revision and re-submittals, and for placing orders and securing delivery. B. Costs of delays occasioned by tardiness of submittals may be back-charged as necessary and shall not be borne by the Owner. 3.06 EXAMINATION OF SUBMITTALS: A. Architect's review shalllbe for general conformance with the design concept and Contract Documents. Markings or comments shall not be construed as relieving the Contractor from compliance with the Drawings and Specifications, nor departures therefrom. The Contractor remains responsible for details and accuracy, for confirming and correlating all quantities and dimensions, for selecting fabrication processes, for techniques of assembly, and for performing his work in a safe manner. B. When the Architect has marked the submittals, "Rejected-Resubmit’, or word of similar import, the Contractor shall cause the corrections to be made to the original and shall then proceed for a new submission ©. The Contractor shall not under any circumstances remove any comments, notes, or drawings made by the Architect on the submittals that have been reviewed and stamped by the Architect. Should a conflict develop, the Contractor shall contact the Architect for instruction. D. Ifthe Contractor finds indicated changes to cause a conflict in conjunction with present construction and/or products to be installed at a later date, he must notify the Architect and ask for verification Should the Contractor not ask for a verification, he shall continue with the construction involving or relating to that product at his own risk GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 33 00 - PAGE 6 SNAP Community Center SUBMITTALS Nashville, Tennessee 3.07 COMPOSITE DRAWINGS: ‘A. Ininstances where submittals affect the Work of more than one Trade and/or when directed by the Architect, the Contractor shalll prepare and submit composite drawings which indicate and define the Work under all affected Trades, and obtain the approval of the Architect. Upon receipt of final approval, the Contractor shall distribute print copies of the approved drawings to all affected Trades, All affected Trades shall cooperate in the preparation of the composite drawings to assure proper coordination, 3.08 DELIVERY OF SUBMITTALS: ‘A. The Contractor shall be responsible for the delivery and pick-up of the submittals to the office of the Architect. -END OF SECTION - GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 42 00 - PAGE 1 SNAP Community Center Nashville, Tennessee REFERENCE STANDARDS REFERENCE STANDARDS PART 1- GENERAL 1.01 1.02 GENERAL APPLICABILITY OF STANDARDS: Where reference is made to specifications, standards, or recommendations of standards producing organizations, the specific document referenced Is the edition in force at the latest date hereof. Materials, methods, assemblies, or practices referenced in this manner require compliance with the requirements contained in the referenced to the same extent as if herein writen out in full. Since these are generally well-known documents, they are not bound herein, In addition, the standards and recommendations listed below shall be recognized as requirements in regard to materials, methods, assemblies and practices throughout these Contract Documents, Copies of each of these documents, whether named in the following list or referenced in the body of the Specifications or on the Drawings, shall be made readily available by the Contractorat the job site. Obtain these copies directly from the publication source. ABBREVIATIONS AND NAMES OF ORGANIZATIONS: The following acronyms or abbreviations as referenced in these Contract Documents are defined to mean the associated names. AAMA Architectural Aluminum Manufacturers Association ‘AASHO ‘American Association of State Highway Officials ACI ‘American Concrete Institute ADA ‘Americans with Disabilities Act AIA ‘American Institute of Architects AIEE American Institute of Electrical Engineers ASC Amorican Institute of Stee! Construction including Code of Standard Practice Alsi ‘American Iron and Stee! Institute ANSI American National Standards Institute APA ‘American Plywood Association ARI ‘American Refrigeration Institute ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers ASME American Society of Mechanical Enginoors ASTM American Society of Testing and Materials AWL Architectural Woodwork Institute AWPA ‘American Wood-Preservers' Association AWPB. ‘American Wood Preservers' Bureau AWS ‘American Welding Society AWWA, American Water Works Association BIA Brick Industry Association BOCA Building Officials and Code Administration International Basic Building Code CDA Copper Development Association cma. Certified Ballasts Manufacturing cs ‘Commercial Standard, U.S. Department of Commerce, DFPA Douglas Fir Plywood Association GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 42 00 - PAGE 2 SNAP Community Center REFERENCE STANDARDS Nashville, Tennessee EIA ETL FS Ica IEEE les. Mss MIA NBS NOMA NEC NEMA Nesc NFPA NPC NRCA NTMA, NwMA, PCA PS RIS SMACNA soi Sul SPIB SBC SSPC THS TCA UL wwea 1.03 CONFLICT BETWEEN STANDARDS AND CONTRACT DOCUMENT! Electrical Industries Association Electrical Testing Lab Federal Specification (of the U.S. Government) International Copper Association Institute of Electrical and Electronic Engineers Muminating Engineering Society Indiana Limestone Institute of America, Inc. - Indiana Limestone Handbook International Masonry Industry All-Weather Council - Recommendations for Setting in Cold Weather Manufacturer's Standardization Society of the Valve and Fitting Industry - Tennessee Boiler and Unfired Pressure Vessel Inspection Code Masonry Institute of America National Bureau of Standards (of the Department of Commerce of the U.S. Government) for Commercial Standards and Simplified Practice Recommendations National Concrete Masonry Association National Electric Code of NBFU (National Bureau of Fire Underwriters) National Electric Manufacturing Association National Electrical Safety Code National Fire Protection Association National Plumbing Code National Roofing Contractor's Association National Terrazzo and Mosaic Association National Woodwork Manufacturer's Association Portland Cement America Product Standard of NBS (U.S. Department of Commerce) Redwood Inspection Service (Grading Rules) Sheet Metal and Air Conditioning Contractors National Association, Inc. Steel Deck Institute Steel Joist Institute Southern Pine Inspection Bureau (Grading Rules) Standard Building Code Steel Structures Painting Council! Tennessee Highway Specifications Tile Council of America Underwriter’s Laboratories Western Wood Products Association (Grading Rules) ‘A. In the event of conflict between standards and the Contract Documents, the provisions of the more stringent, as determined by the Architect, shall govern. PART 2 - PRODUCTS NOT APPLICABLE. GOBBELL HAYS PARTNERSGHP-08041.10 SNAP Community Center Nashville, Tennessee PART 3 - EXECUTION NOT APPLICABLE. - END OF SECTION - SECTION 01 42 00 - PAGE 3 REFERENCE STANDARDS GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 52 00 - PAGE 1 SNAP Community Center TEMPORARY FACILITIES Nashville, Tennessee ‘TEMPORARY FACILITIES PART 1 - GENERAL 1.01 1.02 1.03 1.04 DESCRIPTION OF REQUIREMENT: Specific administrative and procedural minimum actions are specified in this Section, as extensions of provisions in General Conditions and other Contract Documents. These requirements have been included for special purposes as indicated. Nothing in this Section is intended to limit types and amounts of temporary work required, and no omission from this Section will be recognized as an indication by the Architect that such temporary activity is not required for successful completion of the work and compliance with requirements of Contract Documents. QUALITY ASSURANCE: In addition to compliance with governing regulations and rules/recommendations of franchised utility companies, comply with specific requirements indicated and with applicable local industry standards for construction work (published recommendations by local consensus "building councils’ JOB CONDITIONS: Establish and initiate use of each temporary facility at time first reasonably required for proper performance of the Work. Terminate use and remove facilities at earliest reasonable time, when no longer needed or when permanent facilities have, with authorized use, replaced the need. Install, operate, maintain and protect temporary facilities in a manner and at locations which will be safe, non-hazardous, sanitary and protective of persons and property, and free of deleterious effects. ENERGY COSTS: ‘The Owner shall pay all costs for the temporary water, electricity, heat and ventilation used for the Work of the Project. This shall not include the costs of installation and maintenance of temporary equipment, which costs shall be the responsibilty of the Contractor. The Contractor shalll remove all ‘temporary equipment at the end of each work phase, PART 2- PRODUCTS. 201 A TEMPORARY UTILITY SERVICES: ‘The types of services required include, but not by way of limitation, water, gas, electrical power and telephones. Comply with service companies’ recommendations on materials and methods, or engage service companies to install services. Locate and relocate services (as necessary) to minimize Interference with construction operations, ‘GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 52 00 - PAGE 2 SNAP Community Center TEMPORARY FACILITIES Nashville, Tennessee 2.02 A ‘TEMPORARY CONSTRUCTION FACILITIE! The types of tomporary construction facilities required include, but not by way of limitation, water distribution, enciosure of work, heat, ventilation, electrical power distribution, lighting, telephone, hoisting facilities, stairs, ladders, and roads. ‘Provide facilities reasonably required to perform construction operations properly and adequately. Generally, materials may be new or used, but shall be adequate for purposes intended, and shall not create unsate conditions nor violate requirements of applicable codes. Water: 1 Non-potable water shall be acceptable for industrial, cleaning, and firefighting purposes only. 2. Provide water for temporary office. Enclosures: 1. Provide temporary enclosure where indicated and where reasonably required to ensure adequate workmanship and protection from weather and unsatisfactory ambient conditions for the work, including enclosure where temporary heat is used. 2. Furnish, install and maintain for the duration of construction al required scaffolds, tarpaulins, barricades, canopies, warning signs, steps, bridges, platforms, and other temporary construction necessary for proper completion of the Work in compliance with all pertinent safety and other regulations. Heating: 1 Maintain heat to protect Work and products being installed against environmental conditions. that may be detrimental to Work or products. 2, Provide suitable ambient temperatures and humidity levels as recommended by product manufacturers for installation and curing of products. 3. The use of salamanders is prohibited 4, Provide heat for temporary offices and storage. Allow beneficial occupancy of Project or Portion of Project prior to final completion, including air conditioning and heating. Ventilation: 1. Preventhazardous accumulations of dusts, fumes, mists, vapors or gases in areas occupied during construction, 2, Provide adequate ventilation during installation of materials, for dispersal of humidity, and Ventilation of temporary sanitary facilties. 3. Provide ventilation for temporary offices and storage, Electrical power: 1 Provide weatherproof, grounded, power distribution system sufficient to accommodate construction operations requiring power, use of power tools, electrical heating, lighting and. start-up testing of permanent electric-powered equipment prior to its permanent connection to electrical system. 2. Provide appropriate enclosures for the environmentin which used, in compliance with NEMA Standards. Lighting: 1 Provide sufficient temporary lighting to ensure proper workmanship and construction needs, GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 52 00 - PAGE 3 SNAP Community Center TEMPORARY FACILITIES Nashville, Tennessee 2.03 2.04 safe and adequate working conditions, public safety, security lighting and lighting for temporary offices and storage. Access provisions: 1 Provide ramps, stairs, ladders and similar temporary access elements as reasonably required to perform the work and facilitate its inspection during installation. Comply with reasonable requests of governing authorities performing inspections. 2. When permanent stairs are available for access during construction, cover finished surfaces with sufficient protection to ensure freedom from damage and deterioration at time of Substantial Completion. SECURITY/PROTECTION PROVISIONS: The types of temporary security and protection provisions required include, butno by way of limitation: Barricades Personnel security program (theft prevention) Warning signsilights Environmental protection Building lockup TEMPORARY SUPPORT FACILITIES: The types of tomporary support facilities required include, but not by way of limitation: 1 Field offices 2. First aid faciities 3. Storage sheds 4. Telephones 5. Fax machine 6 E-mail capability compatible with that of the Architect and the Owner. 7. Sanitary facilities 8 Thermometer 9. Drinking water 10. Project identifications 11. Clean up facilities 12, Signs 13. Rodentipest control 14. Waste disposal Provide all general services as may be reasonably required for proficient performance of the work and ‘accommodation of personnel at the site including Owner's and Architect's personnel. Discontinue and refnove temporary support facilities, and make incidental similar use of permanent work of the Project, only when and in manner authorized by Architect; and, ifnot otherwise indicated, immediately before time of Substantial Completion. Locate temporary support facilities for convenience of users, and for minimum interference with construction activities. Contractors feld office: 1 Provide adequate office space for field office personnel plus one space work station for incidental use by subcontractors and the Architect's representative. The space shall be suitably finished, furnished, equipped and conditioned. Provide space for meetings (with table and chairs) and an adequate space for storage of approved samples. GOBBELL HAYS PARTNERS.GHP-08041.10 SNAP Community Center TEMPORARY FACILITIES Nashville, Tennessee D. E Sanitary facil 1 Project 1 2, SECTION 01 52 00 - PAGE 4 jes Provide type acceptable to governing authorities and adequate (at all stages of construction) foruse of personnel at Project site. Provide separate facilities for male and female personnel when both sexes are working (in any capacity) at Project site, identification sign: Provide 1 projectidentification sign containing such lettered and graphic data and description relative to the construction as required by the Architect, The sign shall be approximately 4'-0" by 8'-0", and it shall be constructed of laminated, waterproof plywood 3/4” thick, or as otherwise approved by the Architect, and shall be mounted on a rigid, substantial wood timber frame with brass wood screws, or with suitable brass bolts and washers. Provide all edges with malded wood casing. In addition, protect with top edge surface with aluminum cap flashing bent down over edges and secured with aluminum nails. Paint the sign an approved color as selected by the Architect, with contrasting colors for graphic data Maintain all signs in good and neat condition until such time as the Architect authorizes thelr removal PART 3 - EXECUTION 3.01 REMOVAL: Maintain all temporary facilities and controls as long as needed for the safe and proper completion of the Work. Remove all such temporary facilities and controls as rapidly as progress of the Work will permit - END OF SECTION - GOBBELL HAYS PARTNERSGHP-08041.10 SNAP Community Center MATERIALS DELIVERY, SECTION 01 66 00 - PAGE 1 Nashville, Tennessee STORAGE, AND HANDLING MATERIALS DELIVERY, STORAGE, AND HANDLING PART 4 - GENERAL 1.01 1.04 DELIVERY: Deliver materials and products in manufacturer's original unopened packaging with identification labels intact and legible, Replace damaged or contaminated containers and materials. STORAGE: ‘Secure manufacturer's specific recommended storage requirements for products and materials to be stored. ‘The following storage requirements are in addition to suppliers recommended storage requirements: 1 2. 3. 4, 5. 6. Store materials off of ground and concrete floors. Cover and protect materials from damage due to weather and construction operations. Maintain stored materials clean and free of dirt, grease, foreign matter and construction debris. Store sheet materials on end Store roll materials on end Store emulsion and liquid type products in temperatures above 40 deg. F. ‘The Contractor shall be responsible for compliance with storage requirements for his Work. Materials damaged due to improper storage shall be replaced by the Contractor at no cost to the Owner. HANDLING: Handle sheet materials, such as drywall, to avoid undue sagging, Handle rolled goods so as to prevent damage to edges and ends. PROTECTION: Protect as follows: 1 2 3 4 Protect steel materials from corrosion. Protect finished surfaces from damage. Protect insulation from direct sunlight and moisture. Protect edges of sheet material from damage. - END OF SECTION - GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 73 29 - PAGE 1 SNAP Community Center Nashville, Tennessee CUTTING AND PATCHING CUTTING AND PATCHING PART 1 - GENERAL 1.01 DESCRIPTION: A. This Section includes all of the labor, materials, equipment, and services required to perform all of the cutting, fitting, and patching required to complete this Project, which shall include, but not be limited to, the following: 1 Execute cutting (Including excavating), fitting or patching of Work, required to: Make several parts fit properly. Uncover Work to provide for installation of il-timed Work. Remove and replace defective Work Remove and replace Work not conforming to requirements of Contract Documents. Remove samples of installed work as specified for testing, Install specified Work in existing construction. In addition to contract requirements, upon written instructions of Architect: Uncover Work to provide for Architect's observation of covered Work, Remove samples of installed materials for testing ©. Remove Work to provide for alteration of existing Work. 3. Do not damage or endanger any portion of the Work or the work of the Owner or any separate Contractors by cutting, patching or otherwise altering any work, or by excavation. 4. Donot cut or otherwise alter the work of the Owner or any separate Contractor except with the written consent of the Owner any of such separate Contractor. 5. Do not unreasonably withhold from the Owner or any separate Contractor his consent to cutting or otherwise altering the Work. 1.02 SUBMITTALS: ‘A. Priorto cutting which affects structural safety of Project, or work of another Contractor, submit written Notice to the Architect requesting consent to proceed with cutting, including 1 Identification of Project. 2. Description of affected Work. 3. Necessity for cutting. 4. Affect of proposed Work. Designate: a. Scope of cutting and patching. b. Contractor and trades to execute Work. ° Products proposed to be used. d Extent of refinishing e. Alternatives to cutting and patching. f Designation of party responsible for cost of cutting and patching 8. Prior to cutting and patching done on written instruction of Architect, submit cost estimate. ©. Should conditions of Work or schedule indicate change of materials or methods, submit written recommendation to Architect including: 1 Conditions indicating change. 2. Recommendations for alternative materials or methods. 3. Submittals as required for substitutions. GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 73 29 - PAGE 2 SNAP Community Center CUTTING AND PATCHING Nashville, Tennessee D. 1.03 Submit written notice to Architect, designating time Work will be uncovered, to provide for observation. PAYMENT FOR COSTS: - Costs caused by ill-imed or defective Work, or Work not conforming to Contract Documents, including costs for additional services of Architect: Party responsible for ilktimed, rejected or non-conforming Work. Work done on written instructions of Architect other than defective or nonconforming work: Owner. PART 2 - PRODUCTS 2.01 A MATERIALS: For replacement of Work removed: Comply with specifications for type of Work to be done. a PART 3- EXECUTION 3.01 A 3.02 3.03 D. INSPECTION: Inspect existing conditions of Work, including elements subject to movement or damage during: 1 Cutting and patching. 2. Excavating and backfilling After uncovering Work, inspect conditions affecting installation of new products. PREPARATION: - Prior to cutting: 1 Provide shoring, bracing and support as required to maintain structural integrity of Project. . 2, Provide protection for other portions of Project. 3. Provide protection from elements, PERFORMANCE: Execute fitting adjustment of products to provide finished installation to comply with specified tolerances, finishes, Execute cutting and demolition by methods which will prevent damage to other Work, and will provide proper surfaces to receive installation of repairs and new Work. Restore Work which has been cut or removed; install new products to provide completed Work accordance with requirements of the Contract Documents. Refinish entire surfaces as necessary to provide an even finish. GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 73 29 - PAGE 3 SNAP Community Center CUTTING AND PATCHING Nashville, Tennessee 1 Continuous surfaces: To nearest intersections. 2. Assembly: Entire refinishing, - END OF SECTION - GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 74 00 - PAGE 1 SNAP Community Center CLEANING Nashville, Tennessee CLEANING PART 1- GENERAL 1.01 DESCRIPTION: Maintain premises and public properties free from accumulations of waste, and rubbish, caused by operations. ‘At completion of Work, remove waste materials, rubbish, tools, equipment, machinery, and surplus materials, and clean all sight-exposed surfaces; leave Project clean and ready for occupancy. Ifthe Contractor fails to clean up at the completion of the Work, the Owner may do so and the cost thereof shall be charged to the Contractor. Hazards Control 1 Store volatile wastes in covered metal containers, and remove from premises dally, 2. Prevent accumulation of wastes which create hazardous conditions. 3. Provide adequate ventilation during use of volatile or noxious substances. 4. Conduct cleaning and disposal operations to comply with local ordinances and anti-pollution laws. 5. Do not bum or bury rubbish and waste materials on Project sit. 6. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. 7. Do not dispose of wastes into streams or waterways. PART 2- PRODUCTS 2.01 A B. MATERIALS: Use only cleaning materials recommended by manufacturer of surfaces to be cleaned. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3- EXECUTION 3.01 DURING CONSTRUCTION: Execute cleaning to ensure that building, grounds, and public properties are maintained free from accumulations of waste materials and rubbish. Wet down dry materials and rubbish to prevent blowing dust At reasonable intervals during progress of Work, clean site and public properties, and dispose of waste materials, debris and rubbish. GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 74 00 - PAGE 2 SNAP Community Center CLEANING Nashvili, Tennessee D. Provide on-site containers for colection of waste materials, debris and rubbish. E. Dispose of waste materials, debris and rubbish at designated dumping areas. F. Vacuum clean interior building areas when ready to receive finish painting, and continue vacuum cleaning on an as-needed basis until building is ready for Substantial Completion or occupancy. G. Handle materials in a controlled manner with as few handlings as possibl materials from heights. jo not drop or throw H. Schedule cleaning operations so that dust and other contaminants resulting from cleaning process will not fall on wet, newly painted surfaces. 3.02 FINAL CLEANING: A. Provide final cleaning of the Work, consisting of cleaning each surface or unit of work to normal “clean* condition expected for a first-class building cleaning and maintenance program. Comply with manufacturer's instructions for cleaning operations. The following are examples, but not by way of limitation, of cleaning levels required: 1 Remove labels which are not required as permanent labels. 2, Clean transparent materials, including mirrors and window/door glass, to a polished condition, removing substances which are noticeably distracting substances. Except as, otherwise indicated, avoid disturbance of natural weathering of exterior surfaces, Restore reflective surfaces to original reflective condition. 3. Wipe surfaces of mechanical and electrical equipmentclean; remove excess lubrication and other substances. 4, Remove debris and surface dust from limited-access spaces including roofs, plenums, shaffs, trenches, equipment vaults, manholes, attics and similar spaces. 5. Clean concrete floors in non-occupied spaces broom clean. 6. Vacuum clean carpeted surfaces and similar soft surfaces. 7. Clean plumbing fixtures to a sanitary condition, free of stains including those resulting from water exposure. 8. Clean light fixtures and lamps so as to function with full efficiency. 9. Clean Project site (yard and grounds), including landscape development areas, of liter and foreign substances. Sweep paved areas to a broom-clean condition; remove stains, Petrochemical spills and other foreign deposits. Rake grounds which are neither planted nor Paved, to a smooth, even-textured surface. 10. Remove grease, dust, dirt, stains, labels, fingerprints, and other foreign materials, from sight-exposed interior and exterior finished surfaces; polish surfaces so designated to shine finish. 11. Repair, patch and touch up marred surfaces to specified finish, to match adjacent surfaces. 12, Remove snow and ice from access to buliding, 13. Replace air conditioning fiters if units were operated during construction. 14, Clean ducts, blowers and coils, if air conditioning units were operated withou construction, B. Maintain cleaning until Project, or portion thereof, is occupied by Owner. - END OF SECTION - GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 77 00 - PAGE 4 SNAP Community Center CLOSEOUT PROCEDURES Nashville, Tennessee PROJECT CLOSEOUT PART 1- GENERAL 1.01 1.02 SCOPE: Closeout includes general requirements near the end of the Contract Time in preparation for final acceptance, final payment, normal termination of contract, occupancy by Owner and similar actions evidencing completion of the Work. Time of closeout is directly related to "Substantial Completion”, and therefore may be either a single time period for entire work or a series of time periods for individual parts of the Work which have been certified as Substantially Complete at different dates. That time variation (if any) shall be applicable to other provisions of this Section. CONTRACTOR'S REQUEST FOR SUBSTANTIAL COMPLETION: When the Contractor considers the Work (or designated portion thereof) is substantially complete, he shall submit written certification to the Architect that the Project (or designated portions thereof) has reached Substantial Completion. To the written certifcation, attach a list of items to be completed or corrected. Upon receipt of Contractor's request, Architect will either proceed with inspection or advise Contractor of prerequisites not fulfiled. SHOULD THE ARCHITECT CONSIDER THE WORK SUBSTANTIALLY COMPLET! The Architect shall notify the Contractor in writing. ‘The Contractor shall then accomplish the following: 1, Prepare and submit to the Architect a list of items to be completed or corrected, as determined by the Architect's inspection. 2. Prepare and submit statement showing an accounting of changes to the Contract Sum. 3. Advise the Owner regarding pending insurance change-over requirements, 4, Submit releases enabling the Owner's full and unrestricted use of the Project (or designated portions thereof), access to services and utllties, including occupancy permits, operating certificates, and similar releases. 5. Submit specific warranties, workmanship/maintenance bonds, maintenance agreements, final certifications and similar documents. 6. Deliver tool, spare parts, extra stocks of materials, and similar physical items to Owner. 7. Make final change-over of locks and transmit keys to Owner, and advise Owner's personnel of change-over in security provisions. 8. Complete start-up testing of systems, and instructions to Owner's operating/maintenance Personnel. Discontinue (or change-over) and remove from Project site temporary facilities and services, along with construction tools and facilities, mockups, and similar elements. 9. Complete final clean up requirements (see Section 01 74 00), including touch-up painting of marred surfaces. 10. Touch-up and otherwise repair and restore marred exposed finishes, The Architect will prepare and Issue a Certificate of Substantial Completion containing: 1 Date of Substantial Completion. GOBBELL HAYS PARTNERS.GHP-08041.10 SECTION 01 77 00 - PAGE 2 SNAP Community Center CLOSEOUT PROCEDURES Nashville, Tennessee 2. Contractor's list of items to be completed or corrected, verified and amended by Architect. 3. The time within which Contractor shall complete or correct Work of listed items. 4. Time and date Owner will assume possession of Work or designated portion thereof. 5. Responsibilities of Owner and Contractor for: a. Insurance b Utilities. ©. Operation of mechanical, electrical and other systems. 4. Maintenance and cleaning, eSecurity, 6 Signatures of a. Architect. b. Contractor. © Owner. 1.04 OWNER OCCUPANCY OF PROJECT OR DESIGNATED PORTION THEREOF: ‘A. The Contractor shall obtain a certificate of occupancy. B. The Contractor shall perform final cleaning in accordance with Section 01 74 00, C. The Owner will occupy the Project (or designated portions thereof) under the provisions stated in the Certificate of Substantial Completion 1.05 SHOULD THE ARCHITECT CONSIDER THAT THE WORK IS NOT SUBSTANTIALLY COMPLETE: . A. The Architect shall immediately notify the Contractor in writing B. The Contractor shall complete the Work. He shall then submit a second written certification to the Architect that the Project (or designated portions thereof) has reached Substantial Completion. To this second certificate, attach a list of items to be completed or corrected. ©. Upon receiptof Contractor's request, Architect will either proceed with Inspection or advise Contractor of prerequisites not fulfilled. 1.06 CONTRACTOR'S REQUEST FOR FINAL ACCEPTANCE: ‘A. When the Contractor considers the Work (or designated portions thereot) is complete and ready for final inspection, he shall submit written certification that the Project has reached completion and is - ready for final inspection. This certification shall include, but not be limited to, the following: 1 The Contract Documents have been reviewed. 2. Project has been inspected for compliance with the Contract Documents. 3. Equipment and systems have been tested in presence of Owner's representative and are operational B. Upon receipt of Contractor's request, Architect will ether proceed with the final inspection or advise : Contractor of prerequisites not fulfilled GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 77 00 - PAGE 3 tae ee coeee CLOSEOUT PROCEDURES Jashville, Tennessee 1.07 SHOULD THE ARCHITECT CONSIDER THE WORK COMPLETE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS: ‘A. The Architect shall notify the Contractor in writing, and he shall request the Contractor to make closeout submittals. B. Closeout submittals: 1 Contractor's affidavit of payment of debts and claims. 2. Contractor's affidavit of releases of liens with: 2. Consent of surety to final payment. b. Contractor's release or waiver of liens. ©. Separate releases of walvers of liens for subcontractors, suppliers, and others with lien rights against property of Owner, together with list of those parties 3. Final statement of accounting reflecting all adjustments, which shall include, but not be limited to, the following: 2. Previous change orders. b. Deductions for uncorrected work. ©. Deductions for liquidated damages. 4, Final statement shall also show original Contract Sum, total Contract Sum (as adjusted), previous payments, and sum remaining due. 5. Certified copy of Architect's final punchilist of emized work to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, endorsed and dated by Architect. 6. Final meter readings for utlities, measured record of stored fuel, and similar data as of time of Substantial Completion or when Owner took possession of and responsibility for corresponding elements of the Work. 7. Revise and submitevidence of final, continuing insurance coverage complying with insurance requirements. Bonds, guarantees, and warranties. Keys and keying schedule. 10. Operation and maintenance data (as described in Section 01 33 00 and throughout Specifications), 11. Record documents (See Section 01 11 00), 12. Evidence of compliance with the requirements of governing authorities, a. Certificate of Inspection: (1) Mechanical (2) Electrical b. Certificate of Occupancy. 13. General operating/maintenance instructions: Arrange for each installer of work requiring continuing maintenance or operation, to meet with Owner's personnel, at project site, to provide basic instructions needed for proper operation and maintenance of entire work. Include instructions by manufacturer's representatives where installers are not expert in the required procedures. Review maintenance manuals, record documentation, tools, spare parts and materials, lubricants, fuels, identification system, control sequences, hazards, cleaning and similar procedures and faciities. For operational equipment, vibration adjustments, safety, economyletficiency adjustments, energy effectiveness, and similar operations. Review maintenance and operations in relation with applicable warranties, agreements to maintain bonds, and similar continuing commitments. GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 77 00 - PAGE 4 SNAP Community Center CLOSEOUT PROCEDURES Nashville, Tennessee c. 1.08 The Contractor shall submit final application for payment in accordance with requirements of the Contract Documents. The Architect wil issue final certificate in accordance with provisions of the Contract Documents. Should final completion be materially delayed through no fault of the Contractor, the Architect may issue a semifinal certificate for payment in accordance with the provisions of the Contract Documents, SHOULD THE ARCHITECT CONSIDER THAT THE WORK IS NOT READY FOR FINAL ACCEPTANCE: After final inspection, should the Architect consider that the Project is not complete nor ready for final acceptance, he shall notify the Contractor in writing. The Contractor shall complete the Work and remedy all deficiencies. He shall then submita second written certification to the Architect that the Project (or designated portions thereof) is complete and is again ready for final inspection, The Architect will reinspect the Work. After reinspection, the Architect will notify the Contractor as to whether he judges the Work acceptable or not. if so, he will request closeout submittals, PART 2 - PRODUCTS NOT APPLICABLE. PART 3 - EXECUTION NOT APPLICABLE. - END OF SECTION - GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 77 00 - PAGE 1 SNAP Community Center CLOSEOUT PROCEDURES Nashville, Tennessee PROJECT CLOSEOUT PART 1 - GENERAL 1.01 1.02 SCOPE: Closeout includes general requirements near the end of the Contract Time in preparation for final acceptance, final payment, normal termination of contract, occupancy by Owner and similar actions evidencing completion of the Work. Time of closeout is directly related to “Substantial Completio and therefore may be either a single time period for entire work or a series of time periods for individual parts of the Work which have been certified as Substantially Complete at different dates, That time variation (if any) shall be applicable to other provisions of this Section CONTRACTOR'S REQUEST FOR SUBSTANTIAL COMPLETION: When the Contractor considers the Work (or designated portion thereof) is substantially complete, he shall submit written certification to the Architect that the Project (or designated portions thereo!) has reached Substantial Completion. To the written certification, attach a list of items to be completed or corrected. Upon receipt of Contractor's request, Architect will either proceed with inspection or advise Contractor of prerequisites not fulfilled. SHOULD THE ARCHITECT CONSIDER THE WORK SUBSTANTIALLY COMPLETE: The Architect shall notify the Contractor in writing. ‘The Contractor shall then accomplish the following: 1 Prepare and submit to the Architect a list of items to be completed or corrected, as determined by the Architect's inspection, 2. Prepare and submit statement showing an accounting of changes to the Contract Sum. 3. Advise the Owner regarding pending insurance change-over requirements. 4, Submitreleases enabling the Owners full and unrestricted use of the Project (or designated portions thereof), access to services and utlities, including occupancy permits, operating certificates, and similar releases. 5. Submit specific warranties, workmanshipimaintenance bonds, maintenance agreements, final certifications and similar documents. 8. Deliver tool, spare parts, extra stocks of materials, and similar physical items to Owner. 7. Make final change-over of locks and transmit keys to Owner, and advise Owner's personnel of change-over in security provisions. 8. Complete start-up testing of systems, and instructions to Owner's operating/maintenance personnel, Discontinue (or change-over) and remove from Project site temporary facilities and services, along with construction tools and facilities, mockups, and similar elements. 8. Complete final clean up requirements (see Section 01 74 00), including touch-up painting of marred surfaces. 10. Touch-up and otherwise repair and restore marred exposed finishes. The Architect will prepare and issue a Certificate of Substantial Completion cont 1 Date of Substantial Completion. GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 77 00 - PAGE 2 SNAP Community Center CLOSEOUT PROCEDURES Nashville, Tennessee 1.05 1.08 Contractor's list of items to be completed or corrected, verified and amended by Architect. The time within which Contractor shall complete or correct Work of listed items. Time and date Owner will assume possession of Work or designated portion thereof, Responsibilities of Owner and Contractor for: Insurance Utities Operation of mechanical, electrical and other systems. Maintenance and cleaning Security, Signatures of: Architect, Contractor. Owner. pepasaree OWNER OCCUPANCY OF PROJECT OR DESIGNATED PORTION THEREOF: The Contractor shall obtain a certificate of occupancy. The Contractor shall perform final cleaning in accordance with Section 01 74 00. The Owner will occupy the Project (or designated portions thereof) under the provisions stated in the Cerificate of Substantial Completion. SHOULD THE ARCHITECT CONSIDER THAT THE WORK IS NOT SUBSTANTIALLY COMPLETE: The Architect shall immediately notify the Contractor in writing, The Contractor shall complete the Work. He shall then submit a second written certification to the Architect that the Project (or designated portions thereof) has reached Substantial Completion, To this second certificate, attach a list of items to be completed or corrected. Upon receiptof Contractor's request, Architect will either proceed with inspection or advise Contractor of prerequisites not fulfiled. CONTRACTOR'S REQUEST FOR FINAL ACCEPTANCE: When the Contractor considers the Work (or designated portions thereof) is complete and ready for final inspection, he shall submit written certification that the Project has reached completion and is ready for final inspection. This certification shall include, but not be limited to, the following: 1 ‘The Contract Documents have been reviewed. 2. Project has been inspected for compliance with the Contract Documents. 3. Equipment and systems have been tested in presence of Owner's representative and are operational. Upon receipt of Contractor's request, Architect will either proceed with the final Inspection or advise Contractor of prerequisites not futfiled GOBBELL HAYS PARTNERSGHP-08041.10 SECTION 01 77 00 - PAGE 3 SNAP Community Center Nashville, Tennessee CLOSEOUT PROCEDURES 1.07 SHOULD THE ARCHITECT CONSIDER THE WORK COMPLETE IN ACCORDANCE WITH THE CONTRACT DOCUMENT: A. The Architect shall notify the Contractor in writing, and he shall request the Contractor to make closeout submittals 1 2. 1" 12, 13. Closeout submittals: Contractor's affidavit of payment of debts and claims, Contractor's affidavit of releases of liens with: a. Consent of surety to final payment. b. Contractor's release or waiver of liens. c. Separate releases of waivers of liens for subcontractors, suppliers, and others with lien rights against property of Owner, together with list of those parties. Final statement of accounting reflecting all adjustments, which shall include, but not be limited to, the following: a. Previous change orders. b. Deductions for uncorrected work. c _Deductions for liquidated damages Final statement shall also show original Contract Sum, total Contract Sum (as adjusted), previous payments, and sum remaining due. Certified copy of Architect's final punchiist of temized work to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, endorsed and dated by Architect, Final meter readings for utities, measured record of stored fuel, and similar data as of time ‘of Substantial Completion or when Owner took possession of and responsibility for corresponding elements of the Work. Revise and submit evidence of final, continuing insurance coverage complying with insurance requirements, Bonds, guarantees, and warranties. Keys and keying schedule, Operation and maintenance data (as described in Section 01 33 00 and throughout Specifications). Record documents (See Section 01 11 00), Evidence of compliance with the requirements of governing authorities. a. Certificate of Inspection: (1) Mechanical. (2) Electrical b. Certificate of Occupancy. General operating/maintenance instructions: Arrange for each installer of work requiring continuing maintenance or operation, to meet with Owner's personnel, at project site, 10 provide basic instructions needed for proper operation and maintenance of entire work Include instructions by manufacturer's representatives where installers are not expert in the required procedures. Review maintenance manuals, record documentation, tools, spare parts and materials, lubricants, fuels, identification system, control sequences, hazards, cleaning and similar procedures and facilties. For operational equipment, vibration, adjustments, safety, economyletficiency adjustments, energy effectiveness, and similar operations. ‘Review maintenance and operations in relation with applicable warranties, agreements to maintain bonds, and similar continuing commitments. GOBBELL HAYS PARTNERSGHP-08041.10 ‘SECTION 01 77 00 - PAGE 4 SNAP Community Center CLOSEOUT PROCEDURES Nashville, Tennessee c. 1.08 The Contractor shall submit final application for payment in accordance with requirements of the Contract Documents, ‘The Architect will issue final certificate in accordance with provisions of the Contract Documents ‘Should final completion be materially delayed through no fault of the Contractor, the Architect may issue a semifinal certificate for paymentin accordance with the provisions of the Contract Documents. SHOULD THE ARCHITECT CONSIDER THAT THE WORK IS NOT READY FOR FINAL ACCEPTANCE: After final inspection, should the Architect consider that the Project is not complete nor ready for final acceptance, he shall notify the Contractor in writing. The Contractor shall complete the Work and remedy all deficiencies. He shall then submit a second writton certification to the Architect that the Project (or designated portions thereof) is complete and is again ready for final inspection. The Architect will reinspect the Work. After reinspection, the Architect will notily the Contractor as to whether he judges the Work acceptable or not. If so, he will request closeout submittals. PART 2 - PRODUCTS NOT APPLICABLE. PART 3- EXECUTION NOT APPLICABLE. -END OF SECTION - GOBBELL HAYS PARTNERSSECTION 02100-1 ‘SITE CLEARING ‘SECTION 02100 — SITE CLEARING PART 1 - GENERAL 4.4 SECTION INCLUDES A B. Extent of site clearing is shown on drawings. Site clearing includes, but is not limited to: Protection of existing trees, Removal of irees and other vegetation. Topsoil stripping. Clearing and grabbing Removing above-grade improvements Removing below-grade improvements. 1.2 JOB CONDITIONS A ©. ‘Traffic: Conduct site clearing operations to ensure minimum interference with roads, streets, ‘walks, and other adjacent occupied or used facilities. Do not close or obstruct streets, walks or other occupied or used facilities without permission from authorties having jurisdiction, Protection of Existing Improvements: Provide protections necessary to prevent damage to existing improvements indicated to remain in place. 1. Protect improvements on adjoining properties and on Owner's property. 2. Restore damaged improvements to their original condition, as acceptable to parties, having jurisdiction Protect existing utility services from damage. Contractor shall verify location of prior to commencing work. tng utilities PART 2- PRODUCTS 2.1 MATERIALS ‘A. Not applicable to work of this section. PART 3- EXECUTION 31 SITE CLEARING A General: Remove trees, shrubs, grass and other vegetation, improvements, or obstructions interfering with installation of new construction. Remove such items from site or premises as required. Removal includes digging out stumps and roots. Carefully and cleanly cut roots and branches of trees indicated to be left standing, where such roots and branches obstruct new construction. Removal of Improvements: Remove existing above-grade and below-grade improvements necessary to permit construction and other work as indicated. 4. Abandonment or removal of certain underground pipe or conduits may be shown on theSECTION 02100-2 SITE CLEARING drawings, and is included under work of those sections. Removal of abandoned underground piping or conduit interfering with construction is included under this section. Accomplish removal and replacement of existing utility service that will interfere with the work using those who will perform the work of the new ulility service installation. 3.2 DISPOSAL OF WASTE MATERIALS ‘A. Burning is not permitted on Owner's property. END OF SECTIONSECTION 02225-1 EARTHWORK FOR STRUCTURES AND PIPELINES SECTION 02225 EARTHWORK FOR STRUCTURES AND PIPELINES PART 1- GENERAL 44 12 13 14 18 DESCRIPTION OF WORK A. Structure excavation and foundation preparation shall consist of necessary excavating, removal, and satisfactory disposal of all material within the limits hereinafter stipulated and preparing the foundation for the installation or construction of bridges, culverts, underdrains, and other structures not otherwise provided for by TDOT Standard ‘Specifications all in accordance with TDOT Standard Specifications and this Section and in reasonably close conformity with the lines, grades, and typical cross sections shown in the plans or established by the Engineer. B. This Work shall also include the construction and subsequent removal of all bracing, shoring, cribbing, cofferdams, etc.; all pumping and bailing; all backfling; and the disposal of excess or unsuitable material RELATED WORK SPECIFIED ELSEWHERE ‘Section 01050 - Field Engineering Section 01410 - Testing Laboratory Services Section 02125 - Erosion and Sediment Control Section 02100 ~ Site Clearing ‘Section 02276 — Segmental Retaining Wall Systems Section 02500 - Paving and Surfacing Section 02720 - Storm Sewers and Drain Systems ‘Section 03300 - Cast-In-Place Concrete APPLICABLE SPECIFICATIONS. *STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION’, Latest Revision, ‘Tennessee Department of Transportation (TDOT) "SUBDIVISION SPECIFICATIONS FOR STREETS AND ROADS", Latest Revision, Metropolitan Goverment of Nastville and Davidson County APPLICABLE REFERENCES “American Association of State Highway and Transportation Officials" (AASHTO), Latest Revision "Underaround Utility Damage Prevention Act of the State of Tennessee", Latest Revision “Stormwater Management Manual" (SMM), Latest Revision, Metropolitan Government of Nashville and Davidson County “Occupational Safety and Health Act” (OSHA), Latest Revision, State and Federal Governments “American Society of Testing and Materials" (ASTM), Latest Revision CLASSIFICATION Structure excavation and foundation preparation will be classified and paid for under the following designations:SECTION 02225-2 EARTHWORK FOR STRUCTURES AND PIPELINES ‘A. Culvert Excavation (unclassified). Structure excavation and foundation preparation performed within the limits stipulated in ‘TDOT Standard Specifications Subsections 204.08 and 204.10 and paragraphs 4.1 and 4.3 for all box bridges, pipe culverts, sewers, conduits, all other culverts, and all minor structures of any type and description will not be measured and paid for directly but the cost will be incidental in other items unless otherwise noted in the plans. G. Bedding Material for Support for Pipe Culverts, Class A - portland cement concrete Class A. Class B - specially selected granular sol. PART 2- MATERIALS 24 22 23 24 25 FOUNDATION FILL MATERIAL Material for foundation fill material shall consist of suitably graded sand, gravel, slag, or stone as approved by the Engineer. BEDDING MATERIAL ‘A. Material for Class B bedding for pipe culverts shall consist of sand or a natural sandy soil all of which passes a three-eighths (3/8) inch sieve and not more than ten (10) percent passes. no. 200 sieve, or stone, gravel, chert, or slag meeting the grading requirements for either grading C, D, or E in TDOT Standard Specifications Subsection 903.05. B. _In rock cuts or other areas designated by the Engineer where a free drainage bedding or backfill material is required the material shall be crushed stone, crushed slag, or washed gravel meeting the requirements in TDOT Standard Specifications Subsection 903.17 and Section 02720 - Storm Sewers and Drain Systems, CONCRETE Concrete shall conform to the requirements in TOOT Standard Specifications Section 604 and Section 03300 - Cast-In-Place Concrete. Unless otherwise shown in the plans or in the special provisions Class A concrete shall be used for foundation seals and shall meet the requirements in TDOT Standard Specifications Subsection 604.19 and Section 03300 - CastIn-Place Concrete. Conerete for culvert pipe cradles shall be Class A. BACKEILL MATERIAL ‘A. Material for backfill shall be fine compactable soll selected from structure excavation if approved by the Engineer as being suitable. Additional material needed shall be obtained from roadway or borrow excavation as described in TDOT Standard Specifications Section 203 and Section 02200 - Earthwork. B. Granular backfill material for structures shall be Class A aggregate, grading D meeting the requirements in TOOT Standard Specifications Subsection 903.05 FLOWABLE FILL When required by the plans backfil material (lowable fil) will be placed at locations shown in the plans or as directed by the Engineer. Fiowable fil shall be of such consistency and strength as to Not settle and of such consistency and strength that it can be removed with out the use of heavy equipment after final set.SECTION 02225-3 EARTHWORK FOR STRUCTURES AND PIPELINES Materials used in the placement of flowable fil shall meet the following requirements: TDOT Public Works. Material ‘Subsection Section porttand cement, type | 901,01 03300 fine aggregate" 903.01 03300 fly ash (Class C or Class F) ‘AASHTO M 295 (03300 water 918.01 (03300 air entraining admixtures** 918.09 03300 ‘Any clean fine aggregate with one hundred (100) percent passing a three-eighths (3/8) inch mesh sieve and not more than fifteen (15) percent passing a no. 200 sieve may be used. High air generators or forming agents may be used in lieu of conventional air entraining admixtures and may be added at jobsite and mixed in accordance with manufacturers recommendation, Fiowable fill is a mixture of portiand cement, fly ash, fine aggregate, air entraining admixture, and water and contains a low cementitious content for reduced strength development. Submit mix designs to the Engineer for approval. The following are suggested mix guides for excavatable and non-excavatable flowable fil: Excavatable Non-Excavatable Material Per Cubic Yard Per Cubic Ye portiand cement, type ! 75 Ibs. - 100 Ibs. 75 Ibs. - 150 tbs. fly ash (Class C or Class F) none 150 Ibs. - 600 Ibs. water 2 s air 5% - 35% 5% - 15% 28 day compressive strength** 100 psi max. 425 psi min, Unit weight (wet)"™ 90 Ibs - 110 ibs. 100 Ibs. - 125 Ibs, Mix designs shall produce a consistency that will result in a flowable self leveling product at time of placement. The requirements for percent air, compressive strength, and unit weight are for laboratory designs only and are not intended for jobsite acceptance requirements. Fine aggregate shall be proportioned to yield one cubic yard (1 yd"). ‘The above proportions may be adjusted by the Engineer to obtain the consistency required for satisfactory flow. Consistency shall be determined as follows: place an open ended cylinder (pipe) three (3) inches in diameter by six (6) inches in height in an upright position on a smooth level surface. Fill the cylinder with a representative sample of the flowable fil proposed for use. Remove the cylinder by lifting it straight up thus allowing sample to diffuse on the smooth level surface. The flowable fill should diffuse into a circular shape having an approximate diameter of not less than eight (8) inches. Each consistency test shall represent up to one hundred (100) cubic yards of flowable fill at each installation. Use flowable fill manufactured at plants that qualify as approved sources in accordance with the “Standard Operating Procedure for Ready-Mix Concrete”. Revolution counter requirements are waived. Deliver flowable fil using concrete construction equipment. Place flowable fil by chute, Pumping, or other methods approved by the Engineer. Tremie flowable fil through water.SECTION 02225-4 EARTHWORK FOR STRUCTURES AND PIPELINES Use straps, soil anchors, or other approved means of restraint to ensure correct alignment when flowable fil is used as backfill for pipe or where floatation or misalignment may ocour. 1 Protect flowable fill from freezing for a period of thirty-six (36) hours after placement. 2. Place flowable fill to the designated fil ine without vibration or other means of ‘compaction. Do no place flowable fil during inclement weather, e.g. rain or ambient temperature below forty (40) degrees Fahrenheit. 3, Take all necessary precautions to prevent any damages caused by the hydraulic pressure of the fill during placement prior to hardening. Provide the means to cconfine the material within the designated space. Acceptance of flowable fil will be based on a minimum temperature of flowable fill at the Point of delivery of fifty (50) degrees Fahrenheit ‘The Contractor shall furnish certification that all flowable fill delivered to the project contains the relative proportions of solid materials specified above. PART 3 - EQUIPMENT All equipment necessary for the satisfactory performance of this Work shall be on the project and approved before the Work will be permitted to begin, PART 4 - EXECUTION 41 EXCAVATION A Bridges, Box Culverts and Other Major Structures. Before excavation is started the Engineer or Contractor when required will set stakes locating and outlining the structure and cross section for excavation computations. No excavation shall be started prior to that time. 1. All structure excavation shall be cut to the lines and elevations indicated in the plans or as directed by the Engineer. Working variations outside the neat lines will be permitted however only that excavation oulined under TDOT Standard Specifications Subsection 204.12 and paragraph 5.1 below will be measured for payment. 2. No excavated materials shall be deposited or disposed of outside the construction lines unless directed by the Engineer. 3. When solid rock is encountered in roadway cut sections and channel sections Under bridges prespliting operations shall be performed in accordance with the provisions in TDOT Standard Specifications Subsection 203.04, Hole spacing along bridge abutment sites shall not exceed twelve (12) inches. 4, Inclined surfaces of rock used as foundation shall be excavated either level or in steps. When necessary as determined by the Engineer to obtain good bond the ‘surface of rock foundation shall be roughened or suitable anchors installed. 5. Existing concrete foundations, boulders, or ledge streaks of rock projecting into the bottom of the excavation shall be removed to a depth of six (6) inches below foundation elevation and the space backfilled with approved material and‘SECTION 02225-5 EARTHWORK FOR STRUCTURES AND PIPELINES thoroughly compacted. 6. Excavation below bridge foundation elevations as given shall be done only upon direction of the Engineer. All materials moved without such authority shall be replaced by the Contractor without compensation by constructing a sub-footing of the same materials as the footing of the structure unit and six (6) inches wider on every side. Pipe Culverts. In addition to any of the foregoing provisions that are applicable the following procedures will be required: 4. in excavating for pipe culverts the width of the pipe trench shall be sufficient to Permit satisfactory jointing of the pipe and thorough tamping of the bedding material under and around the pipe. 2. when rock, hardpan, or other unyielding material is encountered in the pipe trench it shall be removed below the foundation grade for a depth of six (6) inches or as directed by the Engineer. Ulilization of Excavated Materials. All suitable excavated material shall be utilized as backfill or embankment. Excess or Unsuitable material shall be disposed of in such a manner as not to obstruct the stream or otherwise impair the efficiency or appearance of the structure. No excavated material shall be deposited at any time in such a manner as to endanger a partly finished structure 1. The Contractor shall handle and deposit excavated materials in such a manner as {to furnish proper protection fo materials which willbe incorporated inthe structure. 2. In streams the disposal of material will be subject to the laws of the U.S. Government and requirements set out in the standard permit form of the applicable government agency approving the location and plans and authorizing the Construction of the structure. 42 PROTECTION OF EXCAVATION ‘The Contractor will be held responsible for protecting his excavation and shall take every precaution to maintain the excavation intact. A Cofferdams or cribs used in the preparation and protection of the foundation in general shall be carried well below the bottom of the footings, shall be substantially braced in all directions, and shall be of such construction as will permit them to be pumped and maintained free of water until the construction therein has been completed. Unless otherwise specifically indicated in the plans the interior dimensions of the cofferdam will be such as to give sufficient clearance to provide for the construction and inspection of forms and to provide for the handing and pumping of leakage outside of the footing area, Cofferdams or cribs which tit or move out of position during the process of sinking shall be righted or enlarged in order to provide the necessary clearance Cofferdams or cribs shall be so constructed as to protect the foundation and the construction therein against damage from a rise in the stream, Timber or bracing of a cofferdam or crib may extend into or through the substructure only with the written permission of the Engineer obtained before the construction of the cofferdam or crib has been started. In addition the cofferdams for structure widening shallSECTION 02225-6 EARTHWORK FOR STRUCTURES AND PIPELINES not be braced off of the existing structure, ‘The Contractor shall submit drawings showing details of his proposed cofferdam or crib construction. The type and clearance of cofferdams or cribs insofar as they affect the finished structure or part thereof will be subject to the approval of the Engineer but the

You might also like

• Her Body and Other Parties: Stories

  

  From Everand

  Her Body and Other Parties: Stories

  Carmen Maria Machado

  Rating: 4 out of 5 stars

  4/5 (821)
• Sing, Unburied, Sing: A Novel

  

  From Everand

  Sing, Unburied, Sing: A Novel

  Jesmyn Ward

  Rating: 4 out of 5 stars

  4/5 (1104)
• The Sympathizer: A Novel (Pulitzer Prize for Fiction)

  

  From Everand

  The Sympathizer: A Novel (Pulitzer Prize for Fiction)

  Viet Thanh Nguyen

  Rating: 4.5 out of 5 stars

  4.5/5 (122)
• • Magazines
  • Podcasts
  • Sheet music
• Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America

  

  From Everand

  Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America

  Gilbert King

  Rating: 4.5 out of 5 stars

  4.5/5 (266)
• John Adams

  

  From Everand

  John Adams

  David McCullough

  Rating: 4.5 out of 5 stars

  4.5/5 (2409)
• The Perks of Being a Wallflower

  

  From Everand

  The Perks of Being a Wallflower

  Stephen Chbosky

  Rating: 4.5 out of 5 stars

  4.5/5 (2104)
• Brooklyn: A Novel

  

  From Everand

  Brooklyn: A Novel

  Colm Tóibín

  Rating: 3.5 out of 5 stars

  3.5/5 (1946)
• The Light Between Oceans: A Novel

  

  From Everand

  The Light Between Oceans: A Novel

  M.L. Stedman

  Rating: 4.5 out of 5 stars

  4.5/5 (789)
• A Tree Grows in Brooklyn

  

  From Everand

  A Tree Grows in Brooklyn

  Betty Smith

  Rating: 4.5 out of 5 stars

  4.5/5 (1929)
• A Man Called Ove: A Novel

  

  From Everand

  A Man Called Ove: A Novel

  Fredrik Backman

  Rating: 4.5 out of 5 stars

  4.5/5 (4610)
• Fear: Trump in the White House

  

  From Everand

  Fear: Trump in the White House

  Bob Woodward

  Rating: 3.5 out of 5 stars

  3.5/5 (738)
• Rise of ISIS: A Threat We Can't Ignore

  

  From Everand

  Rise of ISIS: A Threat We Can't Ignore

  Jay Sekulow

  Rating: 3.5 out of 5 stars

  3.5/5 (137)
• Team of Rivals: The Political Genius of Abraham Lincoln

  

  From Everand

  Team of Rivals: The Political Genius of Abraham Lincoln

  Doris Kearns Goodwin

  Rating: 4.5 out of 5 stars

  4.5/5 (234)
• Design of Seismic Isolated Structures From Theory To Practice

  

  Document296 pages

  Design of Seismic Isolated Structures From Theory To Practice

  Rusalin Corneliu Agape

  100% (3)
• Wolf Hall: A Novel

  

  From Everand

  Wolf Hall: A Novel

  Hilary Mantel

  Rating: 4 out of 5 stars

  4/5 (3811)
• A Heartbreaking Work Of Staggering Genius: A Memoir Based on a True Story

  

  From Everand

  A Heartbreaking Work Of Staggering Genius: A Memoir Based on a True Story

  Dave Eggers

  Rating: 3.5 out of 5 stars

  3.5/5 (231)
• The Woman in Cabin 10

  

  From Everand

  The Woman in Cabin 10

  Ruth Ware

  Rating: 3.5 out of 5 stars

  3.5/5 (2520)
• Little Women

  

  From Everand

  Little Women

  Louisa May Alcott

  Rating: 4 out of 5 stars

  4/5 (104)
• The Art of Racing in the Rain: A Novel

  

  From Everand

  The Art of Racing in the Rain: A Novel

  Garth Stein

  Rating: 4 out of 5 stars

  4/5 (4203)
• Hidden Figures: The American Dream and the Untold Story of the Black Women Mathematicians Who Helped Win the Space Race

  

  From Everand

  Hidden Figures: The American Dream and the Untold Story of the Black Women Mathematicians Who Helped Win the Space Race

  Margot Lee Shetterly

  Rating: 4 out of 5 stars

  4/5 (897)
• FL Hurricane

  

  Document477 pages

  FL Hurricane

  mohammed_fathelbab

  No ratings yet
• The Constant Gardener: A Novel

  

  From Everand

  The Constant Gardener: A Novel

  John Le Carré

  Rating: 3.5 out of 5 stars

  3.5/5 (104)
• The Outsider: A Novel

  

  From Everand

  The Outsider: A Novel

  Stephen King

  Rating: 4 out of 5 stars

  4/5 (1850)
• Viscous Damper

  

  Document0 pages

  Viscous Damper

  mohammed_fathelbab

  No ratings yet
• The Unwinding: An Inner History of the New America

  

  From Everand

  The Unwinding: An Inner History of the New America

  George Packer

  Rating: 4 out of 5 stars

  4/5 (45)
• Angela's Ashes: A Memoir

  

  From Everand

  Angela's Ashes: A Memoir

  Frank McCourt

  Rating: 4.5 out of 5 stars

  4.5/5 (440)
• The Yellow House: A Memoir (2019 National Book Award Winner)

  

  From Everand

  The Yellow House: A Memoir (2019 National Book Award Winner)

  Sarah M. Broom

  Rating: 4 out of 5 stars

  4/5 (98)
• Yes Please

  

  From Everand

  Yes Please

  Amy Poehler

  Rating: 4 out of 5 stars

  4/5 (1898)
• The Emperor of All Maladies: A Biography of Cancer

  

  From Everand

  The Emperor of All Maladies: A Biography of Cancer

  Siddhartha Mukherjee

  Rating: 4.5 out of 5 stars

  4.5/5 (271)
• The World Is Flat 3.0: A Brief History of the Twenty-first Century

  

  From Everand

  The World Is Flat 3.0: A Brief History of the Twenty-first Century

  Thomas L. Friedman

  Rating: 3.5 out of 5 stars

  3.5/5 (2259)
• Manhattan Beach: A Novel

  

  From Everand

  Manhattan Beach: A Novel

  Jennifer Egan

  Rating: 3.5 out of 5 stars

  3.5/5 (792)
• Shoe Dog: A Memoir by the Creator of Nike

  

  From Everand

  Shoe Dog: A Memoir by the Creator of Nike

  Phil Knight

  Rating: 4.5 out of 5 stars

  4.5/5 (537)
• The Little Book of Hygge: Danish Secrets to Happy Living

  

  From Everand

  The Little Book of Hygge: Danish Secrets to Happy Living

  Meik Wiking

  Rating: 3.5 out of 5 stars

  3.5/5 (401)
• The Glass Castle: A Memoir

  

  From Everand

  The Glass Castle: A Memoir

  Jeannette Walls

  Rating: 4.5 out of 5 stars

  4.5/5 (1716)
• Grit: The Power of Passion and Perseverance

  

  From Everand

  Grit: The Power of Passion and Perseverance

  Angela Duckworth

  Rating: 4 out of 5 stars

  4/5 (590)
• Elon Musk: Tesla, SpaceX, and the Quest for a Fantastic Future

  

  From Everand

  Elon Musk: Tesla, SpaceX, and the Quest for a Fantastic Future

  Ashlee Vance

  Rating: 4.5 out of 5 stars

  4.5/5 (474)
• Bad Feminist: Essays

  

  From Everand

  Bad Feminist: Essays

  Roxane Gay

  Rating: 4 out of 5 stars

  4/5 (1016)
• On Fire: The (Burning) Case for a Green New Deal

  

  From Everand

  On Fire: The (Burning) Case for a Green New Deal

  Naomi Klein

  Rating: 4 out of 5 stars

  4/5 (74)
• Fema 426

  

  Document420 pages

  Fema 426

  M Refaat Fath

  No ratings yet
• The Subtle Art of Not Giving a F*ck: A Counterintuitive Approach to Living a Good Life

  

  From Everand

  The Subtle Art of Not Giving a F*ck: A Counterintuitive Approach to Living a Good Life

  Mark Manson

  Rating: 4 out of 5 stars

  4/5 (5807)
• The Hard Thing About Hard Things: Building a Business When There Are No Easy Answers

  

  From Everand

  The Hard Thing About Hard Things: Building a Business When There Are No Easy Answers

  Ben Horowitz

  Rating: 4.5 out of 5 stars

  4.5/5 (345)
• The Gifts of Imperfection: Let Go of Who You Think You're Supposed to Be and Embrace Who You Are

  

  From Everand

  The Gifts of Imperfection: Let Go of Who You Think You're Supposed to Be and Embrace Who You Are

  Brene Brown

  Rating: 4 out of 5 stars

  4/5 (1091)
• Never Split the Difference: Negotiating As If Your Life Depended On It

  

  From Everand

  Never Split the Difference: Negotiating As If Your Life Depended On It

  Chris Voss

  Rating: 4.5 out of 5 stars

  4.5/5 (842)
• Principles: Life and Work

  

  From Everand

  Principles: Life and Work

  Ray Dalio

  Rating: 4 out of 5 stars

  4/5 (599)
• Steve Jobs

  

  From Everand

  Steve Jobs

  Walter Isaacson

  Rating: 4.5 out of 5 stars

  4.5/5 (806)
• Design of Concrete Tanks

  

  Document198 pages

  Design of Concrete Tanks

  suman33

  100% (1)
• Design and Application Guidelines

  

  Document617 pages

  Design and Application Guidelines

  Victor Romeo

  No ratings yet
• 4 - Qualitative Analysis 456

  

  Document67 pages

  4 - Qualitative Analysis 456

  Timothy Luk

  No ratings yet
• 5 - Structural Dynamics - R2 PDF

  

  Document151 pages

  5 - Structural Dynamics - R2 PDF

  Juan Carlos Torres Hernández

  No ratings yet
• Seismic Lessons Learned

  

  Document0 pages

  Seismic Lessons Learned

  mohammed_fathelbab

  No ratings yet
• 5 - Moment-Area Method - R2

  

  Document104 pages

  5 - Moment-Area Method - R2

  Ferry Birink

  No ratings yet
• G T Hi L Geotechnical Considerations

  

  Document0 pages

  G T Hi L Geotechnical Considerations

  mohammed_fathelbab

  No ratings yet