addendum #1 description of changes

Worcester Housing Authority

WHA Job No.: 2019-12

Site & Building Improvements – GBV Phase VI

MA 12-01 Great Brook Valley Gardens

Addendum #1

of 2

ADDENDUM #1 Description of Changes

Date: May 29, 2020

Project: WHA GBV Phase VI – Site & Building Improvements

From: ICON architecture, inc.

101 Summer Street

Boston, MA 02110

(617) 451-3333

To: Prospective Bidders

BIDDERS ARE HEREBY INFORMED THAT THIS ADDENDUM AND ANY ATTACHMENTS SHALL SUPPLEMENT,

AMEND AND BECOME PART OF THE CONTRACT DOCUMENTS OF THIS PROJECT. ALL PROPOSALS AND

THE CONSTRUCTION CONTRACT SHALL BE BASED ON THESE MODIFICATIONS.

THE NUMBER OF THIS ADDENDUM (NO. 1) MUST BE ENTERED IN THE SPACE PROVIDED ON THE

PROPOSAL FORM; FORM FOR GENERAL BID OR FORM FOR SUB-BID.

THIS ADDENDUM CONSISTS OF THE FOLLOWING PARTS:

PART I - Clarifications or Modification of Specifications (11 Items)

PART II - Clarifications or Modification of Construction Drawings (3 Items)

PART III - Attachments to this Addendum (1 Item)

Addendum Numbering System: Three-digit numbers with a prefix are used for convenience [example:

S1.01]. The prefix "S" refers to Specification items, “D” refers to Construction Drawing items, and “A”

refers to Attachment. The first digit refers to the Addendum Number and the second two digits after

the decimal point refer to the specific item Number. Please use this numbering system for all references

to the addendum items.

PART I – Clarification or Modification of Specifications (Changes indicated with bold italicized text)

S1.01 Updated forms: Non-Collusive Affidavit of Sub-Bidder – Changed “General Bidder to Sub-

Bidder”

S1.02 Updated forms: HUD Form 2530 Previous Participation Certification

S1.03 Updated forms: HUD Form 51000 Schedule of Amounts

S1.04 Updated forms: HUD Form 51001 Periodic Estimate for Partial Payment

S1.05 Updated forms: HUD Form 51002 Schedule of Change Orders

S1.06 Updated forms: HUD Form 51003 Schedule of Materials Stored

S1.07 Updated forms: HUD Form 51004 Summary of Materials Stored

S1.08 Table of Contents: Updated dates to HUD forms provided

S1.09 Division 01210.1.02 Unit Prices – Line item added to unit Price Schedule: “Masonry Cleaning”.

S1.10 Section 07 00 01 Dampproofing and Caulking: Omit from Spec Manual.





Addendum #1

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S1.11 Section 07 27 13 Membrane Air Barriers: Omit “(Part of Work of Section 070001 -

DAMPPROOFING AND CAULKING, Filed Sub-Bid Required)”

PART II - Clarification or Modification of Construction Drawings

D1.01 A101 – Site Plan – Damproofing note clarified, Street addresses added to building numbers.

D1.02 A205 – Gym Upgrades – Existing and proposed conditions corrected on Elevations 4 and 9.

D1.03 A303 Details – Damproofing extent clarified via added detail

PART III – Attachments to this Addendum

A1.01 Bid RFI Responses 1-13

End of Addendum No. 1





TABLE OF CONTENTS – Addenda 1

00 01 00 - 1

Section 00 01 10

TABLE OF CONTENTS

DIVISION 00: Procurement and Contracting Requirements

Section 00 00 00 Project Title Page [ICON]

Section 00 01 00 Invitation to Bid [ICON]

Section 00 01 10 Table of Contents [ICON]

Section 00 01 12 Bidder Forms and Instructions

Bidder’s Checklist

Instructions to Bidders for Contracts (HUD Form 5369)

Representations, Certifications, and Other Statements of Bidders (HUD

Form 5369-A)

Form for General Bid

Certificate of Corporation Clerk

Form for Sub-Bid

General Bid Bond

Sub-Bid Bond

Non-Collusive Affidavit of General Bidder

Non-Collusive Affidavit of Sub-Bidder

DCAMM Prime/General Certificate of Contractor Eligibility (Sample)

DCAMM Filed Sub-Bid Certificate of Contractor Eligibility (Sample)

DCAMM Prime/General Contractor Update Statement (03/30/10)

DCAMM Sub-Bidder Update Statement (03/30/10)

Previous Participation Certification HUD Form 2530 (Exp. 5/31/2019)

Instructions for Completing the Previous Participation Certificate, form

(HUD-2530)

Form of Contract

Performance Bond

Labor and Material Payment Bond

Schedule of Amounts for Contract Payments form HUD-51000 (Exp. 03/31/2020)

Instructions for Preparation of form HUD-51000 (01/2014)

Periodic Estimate for Partial Payment form HUD 51001 (Exp. 03/31/2020)

Instructions for Preparation of form HUD-51001 (1/2014)

Contractor Payment Certification

Continuation Sheet

Schedule of Change Orders form HUD-51002 (3/31/2020)

Schedule of Materials Stored form HUD-51003 (Exp. 03/31/2020)

Summary of Materials Stored form HUD-51004 (03/31/2020)

General Conditions for Construction form HUD-5370 (Exp. 03/31/2020)

Modifications to the General Conditions

Bidders/Contractors Section 3 Package

Equal Employment Opportunity

Little Davis-Bacon Preemption Rule Statement

Minimum Wage Rates [WHA]






00 01 00 - 2

COVID-19: Construction Supplemental Guidelines

DIVISION 01: General Requirements

Section 01 00 0 General Requirements

Section 01 01 0 Summary of Work [ICON]

Section 01 05 0 Conduct of the Work

Section 01 21 0 Unit Prices [ICON]

Section 01 23 0 Alternates [ICON]

Section 01 29 0 Payment Procedures [ICON]

Section 01 31 0 Project Meetings [ICON]

Section 01 32 0 Construction Progress Documentation [ICON]

Section 01 33 0 Submittals [ICON]

Section 01 34 0 Quality Control [ICON]

Section 01 35 1 Cutting and Patching [ICON]

Section 01 50 0 Temporary Facilities and Controls [ICON]

Section 01 51 0 Protection

Section 01 57 0 Traffic Regulation [ICON]

Section 01 60 0 Product Requirements [ICON]

Section 01 70 0 Execution of Work [ICON]

Section 01 72 0 Record Drawings

Section 01 77 0 Closeout Procedures [ICON]

Section 07 78 39 Project Record Documents

DIVISION 2: Existing Conditions

Section 02 41 00 Selective Demolition [ICON]

Section 02 41 13 Selective Site Demolition [WDG]

DIVISION 3: Concrete

Section 03 11 00 Formwork for Concrete [WDG]

Section 03 20 00 Steel Reinforcement for Concrete [WDG]

Section 03 20 40 Fibrous Concrete Reinforcement [WDG]

Section 03 30 53 Miscellaneous Cast-in-place concrete [WDG]

DIVISION 4: Masonry

Section 04 00 01 Masonry Work (Filed sub-bid) [ICON]

Section 04 72 00 Maintenance of Masonry (part of 04 00 01 filed sub-bid) [ICON]

DIVISION 5: Metals

Section 05 00 01 Miscellaneous and Ornamental Iron (filed sub-bid) [ICON]

Section 05 05 13 Shop-Applied Coating for Metal (part of 05 00 01 filed sub-bid) [ICON]

Section 05 50 00 Metal Fabrications (part of 05 00 01 filed sub-bid) [ICON]

Section 05 52 13 Pipe and Tube Railings (part of 05 00 01 filed sub-bid) [ICON]

DIVISION 6: Wood, Plastics, and Composites

Section 06 10 00 Rough Carpentry [LIM]






00 01 00 - 3

Section 06 20 00 Finish Carpentry [ICON]

DIVISION 7: Thermal and Moisture Protection

Section 07 00 01 Damproofing and Caulking (filed sub-bid) [ICON]

Section 07 00 02 Roofing and Flashing (filed sub-bid) [ICON]

Section 07 10 13 Damproofing (part of 07 00 01 filed sub-bid) [ICON]

Section 07 27 13 Membrane Air Barriers (part of 07 00 01 filed sub-bid) [ICON]

Section 07 46 46 Fiber Cement Siding [ICON]

Section 07 62 00 Sheet Metal Flashing and Trim (part of 07 00 02 filed sub-bid) [ICON]

Section 07 70 00 Roof Accessories [ICON]

Section 07 92 00 Joint Sealants (part of 07 00 01 filed sub-bid) [ICON]

DIVISION 8: Openings

Section 08 00 01 Metal Windows (filed sub-bid) [ICON]

Section 08 11 10 Exterior doors and frames

Section 08 11 66 Metal Screen Doors and Frames [ICON]

Section 08 41 13 Aluminum-Framed Entrances and Storefronts

Section 08 51 00 Aluminum Windows (Alternate 1 only)

Section 08 71 00 Door Hardware

DIVISION 9: Finishes

Section 09 00 07 Painting (filed sub-bid) [ICON]

Section 09 29 00 Gypsum Board

Section 09 99 00 Painting and Coating (part of 09 00 07 filed sub-bid) [ICON]

DIVISION 12 – Furnishings

Section 12 48 16 Entrance Floor Grilles

DIVISION 26: Electrical

Section 26 00 00 Electrical [ICON]

DIVISION 31: Earthwork

Section 31 00 00 Earthwork [WDG]

DIVISION 32: Exterior Improvements

Section 32 10 00 Paving and Curbing [WDG]

Section 32 30 00 Site Improvements [WDG]

Section 32 92 00 Seeding [WDG]

DIVISION 33: Utilities

Section 33 10 00 Water Utilities {WDG]

Section 33 31 00 Sanitary Sewer System [WDG]

Section 33 40 00 Storm Drainage System [WDG]

Appendices:






00 01 00 - 4

Appendix A: Stormwater Pollution Prevention Plan

Appendix B: Drawings of the 1999 Gym Renovation are available upon request.

END OF TABLE OF CONTENTS

THIS PAGE IS INTENTIONALLY LEFT BLANK

Worcester Housing Authority WHA Job No.: 2019-12

Site & Building Improvements – GBV Phase VI MA 12-01 Great Brook Valley Gardens

Non-Collusive Affidavit of Sub-Bidder Page 1 of 2

Non-Collusive Affidavit of Sub-Bidder

Affiant is (an officer/sole proprietor) of _____________________ noted on the Certificate of Corporation Clerk/Sole Proprietor. The bidder that has submitted the attached bid. Affiant is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid.

Such bid is genuine and is not a collusive or sham bid. Neither the said bidder nor any of its officers, partners, owners, agents, representative, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, Firm or Person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication to conference with any other Bidder, Firm, or Person to fix the price or prices in the attached bid or of any other Bidder, or to fix an overhead, profit, or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the Worcester Housing Authority or any person interested in the proposed Contract. The price quoted in the attached bid is fair and proper and is not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representative or employees, owners or parties in interest, including this affiant.

Signed: __________________________________

By: _____________________________________

Title: ___________________________________

Date: ___________________________________

END OF DOCUMENT

Worcester Housing Authority WHA Job No.: 2019-12

Site & Building Improvements – GBV Phase VI MA 12-01 Great Brook Valley Gardens

Non-Collusive Affidavit of Sub-Bidder Page 2 of 2

THIS PAGE IS INTENTIONALLY LEFT BLANK.

Previous Participation Certification OMB Approval No. 2502-0118 (Exp. 05/31/2019)

Previous editions are obsolete ref Handbook 4065.1 Form HUD-2530 (2/2013)Page 1 of 2

US Department of Housing and Urban Development US Department of AgricultureOffice of Housing/Federal Housing Commissioner Farmers Home Administration

Part I to be completed by Principals of Multifamily Projects (See instructions)

Reason for submission:

For HUD HQ/FmHA use only

1. Agency name and City where the application is filed 2. Project Name, Project Number, City and Zip Code

3. Loan or Contract amount $ 4. Number of Units or Beds 5. Section of Act 6. Type of Project (check one) Existing Rehabilitation Proposed (New)

7. List all proposed Principals and attach organization chart for all organizations Name and address of Principals and Affiliates (Name: Last, First, Middle Initial) proposing to participate 8 Role of Each Principal in Project 9. SSN or IRS Employer

Number

Certifications: The principal(s) listed above hereby apply to HUD or USDA FmHA, as the case maybe, for approval to participate as principal(s) in the role(s) and project listed above. The principal(s) each certify that all the statements made on this form are true, complete and correct to the best of their knowledge and belief and are made in good faith, including any Exhibits attached to this form. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. The principal(s) further certify that to the best of their knowledge and belief: 1. Schedule A contains a listing, for the last ten years, of every project assisted or insured by HUD, USDA FmHA and/or State and local government housing finance agencies in which the principal(s) have participated or are

now participating. 2. For the period beginning 10 years prior to the date of this certification, and except as shown on the certification: a. No mortgage on a project listed has ever been in default, assigned to the Government or foreclosed, nor has it received mortgage relief from the mortgagee; b. The principals have no defaults or noncompliance under any Conventional Contract or Turnkey Contract of Sale in connection with a public housing project; c. There are no known unresolved findings as a result of HUD audits, management reviews or other Governmental investigations concerning the principals or their projects; d. There has not been a suspension or termination of payments under any HUD assistance contract due to the principal’s fault or negligence; e. The principals have not been convicted of a felony and are not presently the subject of a complaint or indictment charging a felony. (A felony is defined as any offense punishable by imprisonment for a term exceeding one

year, but does not include any offense classified as a misdemeanor under the laws of a State and punishable by imprisonment of two years or less); f. The principals have not been suspended, debarred or otherwise restricted by any Department or Agency of the Federal Government or of a State Government from doing business with such Department or Agency; g. The principals have not defaulted on an obligation covered by a surety or performance bond and have not been the subject of a claim under an employee fidelity bond; 3. All the names of the principals who propose to participate in this project are listed above. 4. None of the principals is a HUD/FmHA employee or a member of a HUD/FmHA employee's immediate household as defined in Standards of Ethical Conduct for Employees of the Executive Branch in 5 C.F.R. Part 2635

(57 FR 35006) and HUD's Standard of Conduct in 24 C.F.R. Part 0 and USDA's Standard of Conduct in 7 C.F.R. Part 0 Subpart B. 5. None of the principals is a participant in an assisted or insured project as of this date on which construction has stopped for a period in excess of 20 days or which has been substantially completed for more than 90 days and

documents for closing, including final cost certification, have not been filed with HUD or FmHA. 6.None of the principals have been found by HUD or FmHA to be in noncompliance with any applicable fair housing and civil rights requirements in 24 CFR 5.105(a). (If any principals or affiliates have been found to be in

noncompliance with any requirements, attach a signed statement explaining the relevant facts, circumstances, and resolution, if any). 7. None of the principals is a Member of Congress or a Resident Commissioner nor otherwise prohibited or limited by law from contracting with the Government of the United States of America. 8.Statements above (if any) to which the principal(s) cannot certify have been deleted by striking through the words with a pen, and the relevant principal(s) have initialed each deletion (if any) and have attached a true and

accurate signed statement (if applicable) to explain the facts and circumstances. Name of Principal Signature of Principal Certification Date(mm/dd/yyyy Area Code and Tel. No.

This form prepared by (print name) Area Code and Tel. No.

Previous Participation Certification OMB Approval No. 2502-0118 (Exp. 05/31/2019)

Previous editions are obsolete ref Handbook 4065.1 Form HUD-2530 (2/2013)Page 2 of 2

Schedule A: List of Previous Projects and Section 8 Contracts. Below is a complete list of the principals’ previous participation projects and participation history in multifamily Housing programs of HUD/FmHA, State and local Housing Finance Agencies. Note: Read and follow the instruction sheet carefully. Make full disclosure. Add extra sheets if you need more space. Double check for accuracy. If no previous projects, write by your name, “No previous participation, First Experience”.

1. Principals Name (Last, First) 2. List of previous projects (Project name, project ID and, Govt. agency involved )

3.List Principals’ Role(s) (indicate dates participated, and if fee or identity of interest participant)

4. Status of loan (current, defaulted, assigned, foreclosed)

5.Was the Project ever in default during your participation

Yes No If yes, explain

6. Last MOR rating and Physical Insp. Score and date

Part II- For HUD Internal Processing Only Received and checked by me for accuracy and completeness; recommend approval or refer to Headquarters after checking appropriate box.

Date (mm/dd/yyyy) Tel No. and area code A. No adverse information; form HUD-2530 approval C. Disclosure or Certification problem

recommended.

B. Name match in system D. Other (attach memorandum)

Staff Processing and Control

Supervisor Director of Housing/Director, Multifamily Division Approved

Yes No

Date (mm/dd/yyyy)

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Instructions for Completing the PreviousParticipation Certificate, form HUD-2530

Carefully read these instructions and the applicable regulations. A copy of those regulations published at 24 C.F.R. 200.210 to 200.245 can be obtained from the Multifamily Housing Representative at any HUD Office. Type or print neatly in ink when filling out this form. Mark answers in all blocks of the form. If the form is not filled completely, it will delay approval of your application.

Attach extra sheets as you need them. Be sure to indicate "Continued on Attachments" wherever appropriate. Sign each additional page that you attach if it refers to you or your record. Carefully read the certification before you sign it. Any questions regarding the form or how to complete it can be answered by your HUD Office Multifamily Housing Representative.

Purpose: This form provides HUD with a certified report of all previous participation in HUD multifamily housing projects by those parties making application. The information requested in this form is used by HUD to determine if you meet the standards established to ensure that all principal participants in HUD projects will honor their legal, financial and contractual obligations and are acceptable risks from the underwriting standpoint of an insurer, lender or governmental agency. HUD requires that you certify your record of previous participation in HUD/USDA-FmHA, State and Local Housing Finance Agency projects by completing and signing this form, before your project application or participation can be approved.

HUD approval of your certification is a necessary precondition for your participation in the project and in the capacity that you propose. If you do not file this certification, do not furnish the information requested accurately, or do not meet established standards, HUD will not approve your certification.

Note that approval of your certification does not obligate HUD to approve your project application, and it does not satisfy all other HUD program requirements relative to your qualifications.

Who Must Sign and File Form HUD-2530:Form HUD-2530 must be completed and signed by all principals applying to participate in HUD multifamily housing projects, including those who have no previous participation. The form must be signed and filed by all principals and their affiliates who propose participating in the HUD project. Use a separate form for each role in the project unless there is an identity of interest.

Principals include all individuals, joint ventures,

partnerships, corporations, trusts, non-profit organizations, any other public or private entity that will participate in the proposed project as a sponsor, owner, prime contractor, turnkey developer, managing agent, nursing home administrator or operator, packager, or consultant. Architects and attorneys who have any interest in the project other than an arm’s length fee arrangement for professional services are also considered principals by HUD.

In the case of partnerships, all general partners regardless of their percentage interest and limited partners having a 25 percent or more interest in the partnership are considered principals. In the case of public or private corporations or governmental entities, principals include the president, vice president, secretary, treasurer and all other executive officers who are directly responsible to the board of directors, or any equivalent governing body, as well as all directors and each stockholder having a 10 percent or more interest in the corporation.

Affiliates are defined as any person or business concern that directly or indirectly controls the policy of a principal or has the power to do so. A holding or parent corporation would be an example of an affiliate if one of its subsidiaries is a principal.

Exception for Corporations – All principals and affiliates must personally sign the certificate except in the following situation. When a corporation is a principal, all of its officers, directors, trustees and stockholders with 10 percent or more of the common (voting) stock need not sign personally if they all have the same record to report. The officer who is authorized to sign for the corporation or agency will list the names and title of those who elect not to sign. However, any person who has a record of participation in HUD projects that is separate from that of his or her organization must report that activity on this form and sign his or her name. The objective is full disclosure. Exemptions – The names of the following parties do not need to be listed on form HUD-2530: Public Housing Agencies, tenants, owners of less than five condominium or cooperative units and all others whose interests were acquired by inheritance or court order.

Where and When Form HUD-2530 Must BeFiled: The original of this form must be submitted to the HUD Office where your project application will be processed at the same time you file your initial project application. This form must be filed with applications for projects, or when otherwise required in the situations listed below:

• Projects to be financed with mortgages insured under

the National Housing Act (FHA).

• Projects to be financed according to Section 202 of the Housing Act of 1959 (Elderly and

Handicapped).

• Projects in which 20 percent or more of the units are

to receive a subsidy as described in 24 C.F.R. 200.213.

• Purchase of a project subject to a mortgage insured

or held by the Secretary of HUD.

• Purchase of a Secretary-owned project.

• Proposed substitution or addition of a principal or principal participation in a different capacity from that previously approved for the same project.

• Proposed acquisition by an existing limited partner of an additional interest in a project resulting in a total interest of 25 percent or more or proposed acquisition by a corporate stockholder of an additional interest in a project resulting in a total interest of 10 percent or more.

• Projects with U.S.D.A., Farmers Home Ad- ministration, or with state or local government housing finance agencies that include rental assistance under Section 8 of the Housing Act of 1937. For projects of this type, form HUD-2530 should be filed with the appropriate applications directly to those agencies.

Review of Adverse Determination: If approval of your participation in a HUD project is denied, withheld, or conditionally granted on the basis of your record of previous participation, you will be notified by the HUD Office. You may request reconsideration by the HUD Review Committee. Alternatively, you may request a hearing before a Hearing Officer. Either request must be made in writing within 30 days from your receipt of the notice of determination.

If you do request reconsideration by the Review Committee and the reconsideration results in an adverse determination, you may then request a hearing before a Hearing Officer. The Hearing Officer will issue a report to the Review Committee. You will be notified of the final ruling by certified mail.

Specific Line Instructions:

Reason for submitting this Certification: e.g.,refinance, change in ownership, change in management agent, transfer of physical assets, etc.

Block 1: Fill in the name of the agency to which you are applying. For example: HUD Office, Farmers Home Administration District office, or the name of a State or local housing finance agency. Below that, fill in the name of the city where the office is located.

Block 2: Fill in the name of the project, such as "Greenwood Apts." If the name has not yet been selected, write "Name unknown." Below that, enter the HUD contract or project identification number, the Farmers Home Administration project number, or the State or local housing finance agency project or contract number. Include all project or contract

identification numbers that are relevant to the project. Also enter the name of the city in which the project is located, and the ZIP Code.

Block 3: Fill in the dollar amount requested in the proposed mortgage, or the annual amount of rental assistance requested.

Block 4: Fill in the number of apartment unitsproposed, such as "40 units." For hospital projects or nursing homes, fill in the number of beds proposed, such as "100 beds."

Block 5: Fill in the section of the Housing Act under which the application is filed.

Block 7: Definitions of all those who are considered principals and affiliates are given above in the section titled "Who Must Sign and File...."

Block 8: Beside the name of each principal, fill in the appropriate role. The following are examples of possible roles that the principals may assume: Owner/Mortgagor, Managing Agent, Sponsor, Developer, General Con-tractor, Packager, Consultant, Nursing Home Administrator etc.

Block 9 : Fill in the Social Security Number or IRS employer number of every principal listed, including affiliates.

Instructions for Completing Schedule A:Be sure that Schedule A is filled-in completely, accurately and the certification i s properly dated and signed, because it will serve as a legal record of your previous experience. All Multifamily Housingprojects involving HUD/ FmHA, and State and local Housing Finance Agencies in which you havepreviously participated must be listed. Applicants a r e reminded that previous participation pertains to the individual principal within an entity as well as the entity itself. A newly formed company may nothave previous participation, but the principals within the company may have had extensive participation and disclosure of that activity is required. Column 2. All previous projects must be listed or your certification cannot be processed. Include the name of all projects, project number, city where it is located and the governmental agency (HUD, USDA-FmHA or state or local housing finance agency) that was involved. Column 3. List the role(s) as a principal, dates participated and if fee or identity of interest (IOI) with owners.

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Column 4. Indicate the current status of the loan. Except for current loan, the date associated with the status is required. Loans under a workout arrangement are considered assigned. For all noncurrent loans, an explanation of the status is required. Column 5. Explain any project defaults during your participation. Column 6. Provide the latest Management Review (MOR) rating and Physical Inspection score. Certification: After you have completed all other parts of

form HUD-2530, including schedule A, read the Certification carefully. In the box below the statement of the certification, fill in the names of all principals and affiliates as listed in block 7. Each principal should sign the certification with the exception in some cases of individuals associated with a corporation (see “Exception for Corporations” in the section of the instructions titled “Who Must Sign and File Form HUD-2530). Principal who is signing on behalf of the entity should attach signature authority document. Each principal who signs the form should fill in the date of the signature and

a telephone number. By providing a telephone number, HUD can reach you in the event of any questions.

If you cannot certify and sign the certification as it is printed because some statements do not correctly describe your record, use a pen to strike through those parts that differ with your record, and then sign and certify. Attach a signed statement of explanation of the items you have struck out on the certification. Item 2e. relates to felony convictions within the past 10 years. If you are convicted of

a felony within the past 10 years, strike out 2e. and attach statement of explanation. A felony conviction will not necessarily cause your participation to be disapproved unless there is a criminal record or other evidence that your previous conduct or method of doing business has been such that your participation in the project would make it an unacceptable risk from the underwriting stand point of an insurer, lender or governmental agency.

The Department of Housing and Urban Development (HUD) is authorized to collect this information by law (42 U.S.C. 3535(d) and 24 C.F.R. 200.217) and by regulation at 24 CFR 200.210. This information is needed so that principals applying to participate in multifamily programs can become HUD-approved participants. The information you provide will enable HUD to evaluate your record with respect to established standards of performance, responsibility and eligibility. Without prior approval, a principal may not participate in a proposed or existing multifamily project. HUD uses this information to evaluate whether or not principals pose an unsatisfactory underwriting risk. The information is used to evaluate the potential principals and approve only individuals and organizations that will honor their legal, financial and contractual obligations.

Privacy Act Statement: The Housing and Community Development Act of 1987, 42 U.S.C. 3543 requires persons applying for a Federally-insured or guaranteed loan to furnish his/her Social Security Number (SSN). HUD must have your SSN for identification of your records. HUD may use your SSN for automated processing of your records and to make requests for information about you and your previous records with other public agencies and private sector sources. HUD may disclose certain information to Federal, State and local agencies when relevant to civil, criminal, or regulatory investigations and prosecutions. It will not be otherwise disclosed or released outside of HUD, except as required and permitted by law. You must provide all of the information requested in this application, including your SSN.

Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number.

A response is mandatory. Failure to provide any of the information will result in your disapproval of participation in this HUD program.

Schedule of Amounts for Contract Payments

U.S. Department of Housing OMB Approval No. 2577-0157 (Exp. 3/31/2020)and Urban Development

Office of Public and Indian Housing

No progress payments shall be made to the contractor unless a schedule of amounts for contract payments in accordance with the construction contract is received.

Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collecton displays a valid OMB control number. Construction practices and HUD administrative requirements establish the need that HAs maintain certain records or submit certain documents in conjunction with the oversight of the award of construction contracts for the construction of new low-income housing developments or modernization of existing developments. These forms are used by HAs to provide information on the construction progress schedule and schedule of amounts for contract payments. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality.

Project Name and Location Project Number

Name, Address, and Zip Code of Contractor

Nature of Contract Contract Number

Item No. Description of Item Quantity

Unit of Measure

Unit Price in Place

Amount ofSub-Item

Amount ofPrincipal Item

(7) (1) (2) (3) (4) (5) (6)

Total Amount of Contract or Carried Forward $

To the best of my knowledge, all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning:

HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)

Signature of authorized represenative Date signed (mm/dd/yyyy)

Previous editions are obsolete Page 1 of form HUD-51000 (1/2014

Approved for Contractor by Title Date (mm/dd/yyyy)

Approved for Architect by Title Date (mm/dd/yyyy)

Approved for Owner by Title Date (mm/dd/yyyy)

Instructions for Preparation of form HUD-51000

d. Column 4. Enter the appropriate unit of measure for each sub- 1. A separate breakdown is required for each project and prime contract instructions for preparation are given below.

item of work opposite the quantities described in column 3, such as “sq. ft.,” “ cu. yd.,” “tons,” “lb.,” “lumber per M/BM,” “brickwork

a. Heading. Enter all identifying information required for both per M,” etc., applicable to the particular sub-item. Items shown on “lump sum” or equivalent basis will be paid for only on completion of the whole item and not on a percentage of completion basis.

forms. b. Columns 1 and 2. In column 1, enter the item numbers starting

with No. 1, and in column 2 enter each principal division of work incorporated in the contract work. e. Column 5. Enter the unit price, in place, of each sub-item of (1) Master List. The Master list contains the basic items into work.

which any construction contract may be subdivided for the purpose of preparing the Construction Progress Schedule and the Periodical Estimates for Partial Payments. Only those items shall be selected which apply to the particular contract. To ensure uniformity, no change shall be made in the item numbers. Generally, about 25 to 40 major items appear in a contract.

f. Column 6. Enter the amount of each sub-item obtained by multiplying the quantities in column 3 by the corresponding unit prices in column 5.

g. Column 7. Enter the amount of principal item only, obtained by adding the amounts of all sub-items of each principal division of work listed in column 6. Continue with the breakdown on form HUD-51000.

(2) Items Subdivided. In the Contractor's breakdown, against h. The “Schedule of Amounts for Contract Payments” shall be which all periodical estimates will be checked prior to pay-ment, each major item must be subdivided into sub-items pertinent to the project involved and in agreement with the Contractor's intended basis for requesting monthly pay-ments.

signed and dated in the space provided at the bottom of each sheet of the form by the individual who prepared the breakdown for the Contractor.

c. Column 3. Enter the total quantity for each sub-item of each principal division of work listed in the breakdown.

2. The minimum number of copies required for each submission for approval is an original and two copies. When approved, one fully approved copy will be returned to the Contractor.

Master List of Items

Item No. Division of Work Item No. Division of Work Item No. Division of Work

231 Bond 20 Rough Carpentry Site Improvements General Conditions \1 21 Metal Bucks 44 Retaining Walls Demolition & Clearing 22 Caulking 45 Storm Sewers

23 Weatherstripping 46 Sanitary Sewers Structures 24 Lath & Plastering-Drywall 47 Water Distribution System

Gas Distribution System Electrical Distribution System Street & Yard Lighting Fire & Police Alarm System Fire Protection System Street Work Yard Work (Other) (Other)

1111111111

General Excavation 25 Stucco 48 Footing Excavation 26 Finish Carpentry 49 Backfill 27 Finish Hardware 50 Foundation Piles & Caissons Concrete Foundations Concrete Superstructures

28 Glass & Glazing 51 29 Metal Doors 52 30 Metal Base & Trim 53

2301

Reinforcing Steel 31 Toilet Partitions 54 Waterproofing & Dampproofing Spandrel Waterproofing Structural Steel Masonry

32 Floors 55 33 Painting & Decorating 56 34 Screens 35 Plumbing Equipment

Stonework 36 Heating 57 Shades & Drapery Rods Miscellaneous & Ornamental Metal 37 Ventilating System 58 Ranges Metal Windows 38 Electrical 59 Refrigerators Roofing 39 Elevators 60 Kitchen Cabinets & Work Tables

Laundry Equipment (Other)

Sheet Metal 40 Elevator Enclosures—Metal Incinerators—Masonry & Parts (Other) (Other)

61 41 62 42 43 63 Punch List \2

64 Lawns & Planting

1 General Conditions should be 3% to 5% of contract amount. 2 Punch List should be approximately 1/2 of 1% or $30 per dwelling unit, whichever is greater.

Previous editions are obsolete form HUD-51000 (1/2014

Periodic Estimate for Partial Payment

U.S. Department of Housing OMB Approval No. 2577-0157 (exp. 3/31/2020)and Urban Development


Submit original and one copy to the Public Housing Agency. Complete instructions are on the back of this form. Public reporting burden for this collection of information is estimated to average 3.5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collecton displays a valid OMB control number. This information is collected under the authority of Section 6(c) of the U.S Housing Act of l937 and HUD regulations. HAs are responsible for contract administration to ensure that the work for project development is done in accordance with State laws and HUD requirements. The contractor/subcontractor reports provide details and summaries on payments, change orders, and schedule of materials stored for the project The information will be used to ensure that the total development costs, identified in the ACC, are kept as low as possible and consistent with HUD construction requirements. Responses to the collection are necessary to obtain a benefit. The information requested does not lend itself to confidentiality. Name of Public Housing Agency Periodic Estimate Number Period

From (mm/dd/yyyy) To (mm/dd/yyyy)

Item Number (1)

Description of Item (2)

Completed to Date (3)

$

Value of Contract Work Completed to Date (Transfer this total to line 5 on back of this sheet) $

Previous editions are obsolete ref. Handbooks 7417.1 & 7450.1 form HUD-51001 (1/2014)

Location of Project Project Number

Name of Contractor Contract Number

Instructions

Headings. Enter all identifying data required. Periodic estimates must be numbered in sequence beginning with the number 1.

Certifications. The certification of the contractor includes the analysis of amounts used to determine the net balance due. In the first paragraph, enter the name of the Public Housing Agency, the contractor, and the date of the contract. Enter the calculations used in arriving at the "Balance Due This Payment" on lines 1 through 16.

Columns 1 and 2. The"Item Number"and "Description of Item" must correspond to the number and descriptive title assigned to each principal division of work in the "Schedule of Amounts for Contract Payments", form HUD-51000. Enter the contractor's name and signature in the certification following line 16.

Column 3. Enter the accumulated value of each principal division of work completed as of the closing date of the periodic estimate. Enter the total in the space provided.

The latter portion of this certification relating to payment of legal rates of wages, is required by the contract before any payment may be made. However, if the contractor does not choose to certify on behalf of his/her subcontractors to wage payments made by them, he/she may modify the language to cover only himself /herself and attach a list of all subcontractors who employed labor on the site during the period covered by the Periodic Estimate, together with the individual certifications of each.

Certification of the Contractor or Duly Authorized Representative

According to the best of my knowledge and belief, I certify that all items and amounts shown on the other side of this form are correct; that all work has been performed and material supplied in full accordance with the items and conditions of the contract between the (name of owner)

and (contractor) dated (mm/dd/yyyy) , and duly authorized deviations, substitutions, alterations, and additions; that the following is a true and correct statement of the Contract Account up to and including the last day of the period covered by this estimate, and that no part of the "Balance Due This Payment" has been received.

1. Original Contract Amount $Approved Change Orders:

2. Additions (Total from Col. 3, form HUD-51002) $3. Deductions (Total from Col. 5, form HUD-51002) $ (net) $ 4. Current Adjusted Contract Amount (line 1 plus or minus net) $

Computation of Balance Due this Payment

5. Value of Original Contract work completed to date (from other side of this form) $Completed Under Approved Change Orders

6. Additions (from Col. 4, form HUD-51002) 7. Deductions (from Col.5, form HUD-51002)

$$ (net) $

8. Total Value of Work in Place (line 5 plus or minus net line 7) $9. Less: Retainage, % $10. Net amount earned to date (line 8 less line 9) 11. Less: Previously earned (line 10, last Periodic Estimate)

$$

12. Net amount due, work in place (line 10 less line 11) $Value of Materials Properly Stored

13. At close of this period (from form HUD-51004) $14. Less: Allowed last period $15. Increase (decrease) from amount allowed last period 16. Balance Due This Payment

$$

I further certify that all just and lawful bills against the undersigned and his/her subcontractors for labor, material, and equipment employed in the performance of this contract have been paid in full in accordance with the terms and conditions of this contract, and that the undersigned and his/her subcontractors have complied with, or that there is an honest dispute with respect to, the labor provisions of this contract.

Name of Contractor Signature of Authorized Representative Title Date (mm/dd/yyyy)

Certificate of Authorized Project Representative and of Contracting Officer

Each of us certifies that he/she has checked and verified this Periodic Estimate No. ; that to the best of his/her knowledge and belief it is a true statement of the value of work performed and material supplied by the contractor; that all work and material included in this estimate has been inspected by him/her or by his/her authorized assistants; and that such work has been performed or supplied in full accordance with the drawings and specifications, the terms and conditions of the contract, and duly authorized deviations, substitutions, alterations, and additions, all of which have been duly approved. We, therefore, approve as the "Balance Due this Payment" the amount of $ Authorized Project Representative Date (mm/dd/yyyy) Contracting Officer Date (mm/dd/yyyy)

Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)

Previous editions are obsolete ref. Handbooks 7417.1 & 7450.1 form HUD-51001 (1/2014)

Schedule of Change Orders

U.S. Department of Housing OMB Approval No. 2577-0157 (exp. 3/31/2020)and Urban Development


Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collecton displays a valid OMB control number. This information is collected under the authority of Section 6(c) of the U.S Housing Act of l937 and HUD regulations. HAs are responsible for contract administration to ensure that the work for project development is done in accordance with State laws and HUD requirements. The contractor/subcontractor reports provide details and summaries on payments, change orders, and schedule of materials stored for the project The information will be used to ensure that the total development costs, identified in the ACC, are kept as low as possible and consistent with HUD construction requirements. Responses to the collection are necessary to obtain a benefit. The information requested does not lend itself to confidentiality. Instructions: Contractors use this form for reporting the details of approved Change Orders. Attach an original (or a opy) to each copy of the Periodic Estimate for Partial Payment (form HUD-51001) submission, and send to the Public Housing Agency. Complete all entries. Only Change Orders which bear the signatures required by the contract are to be recorded.Name of Public Housing Agency Supporting Periodic Estimate

for Partial Payment Number Period From (mm/dd/yyyy) to (mm/dd/yyyy)

Approved Change Orders Additions Deductions

Change Order Number

Dated (mm/dd/yyyy)

Total Amount of Change Order

Value of Work Completed to Date

Total Amount of Change Order

(1) (2) (3) (4) (5) $ $ $

Totals $ $ $

Authorized Project Representative Date (mm/dd/yyyy)


Previous editions are obsolete. form HUD-51002 (1/2014)


Name of Contractor Contract Number

Schedule of Materials Stored U.S. Department of Housing OMB Approval No. 2577-0157 (exp. 3/31/2020)and Urban Development


Public reporting burden for this collection of information is estimated to average 1.5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collecton displays a valid OMB control number. This information is collected under the authority of Section 6(c) of the U.S Housing Act of l937 and HUD regulations. HAs are responsible for contract administration to ensure that the work for project development is done in accordance with State laws and HUD requirements. The contractor/subcontractor reports provide details and summaries on payments, change orders, and schedule of materials stored for the project The information will be used to ensure that the total development costs, identified in the ACC, are kept as low as possible and consistent with HUD construction requirements. Responses to the collection are necessary to obtain a benefit. The information requested does not lend itself to confidentiality. Instructions: This form is to be used to support the Periodic Estimate for Partial Payment (form HUD-51001). The contractor must prepare a separate schedule for his/her materials and for those of his/her subcontractors. Attach an original (or a copy ) to each copy of the Summary of Materials Stored (form HUD-51004). Enter all identifying data and list materials stored. The listing of materials stored must correspond to the arrangement established on the Schedule of Contract Payments (form HUD-51000) and each item will be keyed by corresponding item number. This form must be signed as noted.Name of Public Housing Agency Supporting Periodic Estimate

for Partial Payment Number Period From (mm/dd/yyyy) To (mm/dd/yyyy)

Item Number* Description and Quality Quantity Unit of Measure Unit Price at Site Total Price

Amount Carried Forward $

Total Amount or Amount Carried Forward $

Prepared by (Contractor's Representative) Date (mm/dd/yyyy) Checked by (Owner's Representative) Date (mm/dd/yyyy)


As identified in Schedule of Amounts for Contract Payments, form HUD-51000. form HUD-51003 (1/2014)

Name and Location of Project Project Number

Name of General Contractor Contract Number

Name of Subcontractor Subcontract Number

Summary of Materials Stored U.S. Department of Housingand Urban Development Office of Public and Indian Housing

OMB Approval No. 2577-0157(exp. 3/31/2020)

form HUD-51004 (01/201))Previous editions are obsolete

Public reporting burden for this collection of information is estimated to average 2.5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collecton displays a valid OMB control number. This information is collected under the authority of Section 6(c) of the U.S Housing Act of l937 and HUD regulations. HAs are responsible for contract administration to ensure that the work for project development is done in accordance with State laws and HUD requirements. The contractor/subcontractor reports provide details and summaries on payments, change orders, and schedule of materials stored for the project The information will be used to ensure that the total development costs, identified in the ACC, are kept as low as possible and consistent with HUD construction requirements. Responses to the collection are necessary to obtain a benefit. The information requested does not lend itself to confidentiality. Instructions: This form is for the Contractor to summarize the value of materials stored at the site (as shown on the schedule, form HUD-51003). Use a separate line for the contractor and each of his/her subcontractors. Prepare an original and one copy, attach form HUD-51003, and send to the Public Housing Agency with the Periodic Estimate for Partial Payment, form HUD-51001. Payment Value. No more than 90 percent of the estimated value of the stored materials will be allowed, and only the net amount will be carried to line 13 on the back of the Periodic Estimate for Partial Payment, form HUD-51001. Signatures. This form must be signed by those employees of the contractor and of the Public Housing Agency who prepare and check the Schedule of Materials Stored, form HUD-51003.Name of Public Housing Agency Supporting Periodic Estimate

for Partial Payment Number Period From (mm/dd/yyyy) To (mm/dd/yyyy)


Name of General Contractor Contract Number

Name of General Contractor or Subcontractor Amounts General Contractor $

Subcontractors $

Total $

Less 10% $

Net $

Prepared by Date (mm/dd/yyyy) Checked by Date (mm/dd/yyyy)

I certify that I or my authorized representatives have examined and checked in detail the invoices representing the cost of materials set forth in appended "Schedule of Materials Stored", form HUD-51003, dated (mm/dd/yyyy) __ --------------------------------------------------------------- submitted by __ --------------------------------------------------------------------------- _____ consisting of _________ sheets with an indicated cost of $ ______________________ , and find that the net unit prices set forth in the schedule are the same or less than the invoices examined, and that such materials were suitably stored at the site of the development as of (date)(mm/dd/yyyy) _____________________ . Name of Owner By (Authorized Representative) Title Date

(mm/dd/yyyy)


General Conditions for Construction Public Housing Programs

U.S. Department of Housing and Urban

ContractsDevelopment

- Office of Public and Indian Housing OMB Approval No. 2577-0157 (exp. 3/31/2020)

Applicability. This form is applicable to anyconstruction/development contract greater than $150,000.

This form includes those clauses required by OMB's common rule on grantee procurement, implemented at HUD in 2 CFR 200, and those requirements set forth in Section 3 of the Housing and Urban Development Act of 1968 and its amendment by the Housing and Community Development Act of 1992, implemented by HUD at 24 CFR Part 135. The form is required for construction contracts awarded by Public Housing Agencies (PHAs). The form is used by Housing Authorities in solicitations to provide necessary contract clauses. If the form were not used, HAs would be unable to enforce their contracts. Public reporting burden for this collection of information is estimated to average 1.0 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. HUD may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB number.

Table of ContentsClause Page Clause Page

1. Definitions 2 Administrative Requirements

Construction Requirements 28. Contract Modifications 10

Previous editions are obsolete Replaces form HUD-5370-A

Page 1 of 19 form HUD-5370 (1/2014)

14. Temporary Buildings and Transportation Materials 6 38. 13

16. 40. 14

18. Clean Air and Water 7 42. 15

2. Contractor’s Responsibility for Work 2 25. Contract Period 93. Architect’s Duties, Responsibilities and Authority 2 26. Order of Precedence 9 4. Other Contracts 3 27. Payments 9

5. Preconstruction Conference and Notice to Proceed 3 29. Changes 106. Construction Progress Schedule 3 30. Suspension of Work 117. Site Investigation and Conditions Affecting the Work 3 31. Disputes 11 8. Differing Site Conditions 4 32. Default 11 9. Specifications and Drawings for Construction 4 33. Liquidated 12 10. As-Built Drawings 5 34. Termination of Convenience 12 11. Material and Workmanship 5 35. Assignment of Contract 1212. Permits and Codes 5 36. Insurance 12 13. Health, Safety, and Accident Prevention 6 37. Subcontracts 13

Subcontracting with Small and Minority Firms, Women’s Business Enterprise, and Labor Surplus Area Firms

15. Availability and Use of Utility Services 6 39. Equal Employment Opportunity 13Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements 6

Employment, Training, and Contracting Opportunities for Low-Income Persons, Section 3 of the Housing and Urban Development Act of 1968

17. Temporary Buildings and Transportation Materials 7 41. Interest of Members of Congress 15Interest of Members, Officers, or Employees and Former Members, Officers, or Employees

19. Energy Efficiency 7 43. Limitations on Payments Made to Influence 1520. Inspection and Acceptance of Construction 7 44. Royalties and Patents 1521. Use and Possession Prior to 8 45. Examination and Retention of Contractor’s Records 15 22. Warranty of Title 8 46. Labor Standards-Davis-Bacon and Related Acts 15 23. Warranty of 8 47. Non-Federal Prevailing Wage Rates 19 24. Prohibition Against

Liens9 48. Procurement of Recovered

Materials19

1. Definitions (a) The Contractor shall furnish all necessary labor,

(a) “Architect” means the person or other entity engaged by the PHA to perform architectural, engineering, design, and other services related to the work as provided for in the contract. When a PHA uses an engineer to act in this capacity, the terms “architect” and “engineer” shall be synonymous. The Architect shall serve as a technical representative of the Contracting Officer. The Architect’s

materials, tools, equipment, and transportation necessary for performance of the work. The Contractor shall also furnish all necessary water, heat, light, and power not made available to the Contractor by the PHA pursuant to the clause entitled Availability and Use of Utility Services herein.

(b) The Contractor shall perform on the site, and with its own

authority is as set forth elsewhere in this contract. organization, work equivalent to at least [ ] (12 percentunless otherwise indicated) of the total amount of work to be performed under the order. This percentage may be reduced by a supplemental agreement to this order if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the

(b) “Contract” means the contract entered into between the PHA and the Contractor. It includes the forms of Bid, the Bid Bond, the Performance and Payment Bond or Bonds or other assurance of completion, the Certifications, Representations, and Other Statements of Bidders (form HUD-5370), these General Conditions of the Contract for Construction (form HUD-5370), the applicable wage rate determinations from the U.S. Department of Labor, any special conditions included elsewhere in the contract, the specifications, and drawings. It includes all formal changes to any of those documents by addendum,

reduction would be to the advantage of the PHA. (c) At all times during performance of this contract and until

the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the work site a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

change order, or other modification. (d) The Contractor shall be responsible for all damages to (c) “Contracting Officer” means the person delegated the au- persons or property that occur as a result of the

Contractor’s fault or negligence, and shall take properthority by the PHA to enter into, administer, and/or terminate this contract and designated as such in writing to the Contractor. The term includes any successor

safety and health precautions to protect the work, the workers, the public, and the property of others. The Contractor shall hold and save the PHA, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor’s performance. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the

Contracting Officer and any duly authorized representative of the Contracting Officer also designated in writing. The Contracting Officer shall be deemed the authorized agent of the PHA in all dealings with the Contractor.

(d) “Contractor” means the person or other entity entering into the contract with the PHA to perform all of the work required under the contract. contract.

(e) “Drawings” means the drawings enumerated in the (e) The Contractor shall lay out the work from base lines and schedule of drawings contained in the Specifications and as described in the contract clause entitled Specifications

bench marks indicated on the drawings and be responsible for all lines, levels, and measurements of all work executed under the contract. The Contractor shall verify the figures before laying out the work and will be held responsible for any error resulting from its failure to

and Drawings for Construction herein. (f) “HUD” means the United States of America acting through

the Department of Housing and Urban Development including the Secretary, or any other person designated to act on its behalf. HUD has agreed, subject to the provisions of an Annual Contributions Contract (ACC), to provide financial assistance to the PHA, which includes assistance in financing the work to be performed under this contract. As defined elsewhere in these General Conditions or the contract documents, the determination of HUD may be required to authorize changes in the work or for release of funds to the PHA for payment to the Contractor. Notwithstanding HUD’s role, nothing in this contract shall be construed to create any contractual

do so. (f) The Contractor shall confine all operations (including

storage of materials) on PHA premises to areas authorized or approved by the Contracting Officer.

(g) The Contractor shall at all times keep the work area,

relationship between the Contractor and HUD.

including storage areas, free from accumulations of waste materials. After completing the work and before final inspection, the Contractor shall (1) remove from the premises all scaffolding, equipment, tools, and materials (including rejected materials) that are not the property of the PHA and all rubbish caused by its work; (2) leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer; (3) perform all specified tests; and, (4) deliver the installation in

(g) “Project” means the entire project, whether construction or rehabilitation, the work for which is provided for in whole or in part under this contract. complete and operating condition.

(h) “PHA” means the Public Housing Agency organized under applicable state laws which is a party to this

(h) The Contractor’s responsibility will terminate when all

contract. work has been completed, the final inspection made, and the work accepted by the Contracting Officer. The Contractor will then be released from further obligation except as required by the warranties specified elsewhere in the contract.

(j) “Specifications” means the written description of the technical requirements for construction and includes the criteria and tests for determining whether the requirements are met.

(l) “Work” means materials, workmanship, and manufacture and fabrication of components.

3. Architect’s Duties, Responsibilities, and Authority

2. Contractor’s Responsibility for Work

(a) The Architect for this contract, and any successor, shall be designated in writing by the Contracting Officer.


Page 2 of 19 form HUD-5370 (1/2014)

(b) The Architect shall serve as the Contracting Officer’s technical representative with respect to architectural, engineering, and design matters related to the work performed under the contract. The Architect may provide direction on contract performance. Such direction shall be within the scope of the contract and may not be of a nature which: (1) institutes additional work outside the scope of the contract; (2) constitutes a change as defined in the Changes clause herein; (3) causes an increase or decrease in the cost of the contract; (4) alters the Construction Progress Schedule; or (5) changes any of the other express terms or conditions of the contract.

6. Construction Progress Schedule

(a) The Contractor shall, within five days after the work

(c) The Architect’s duties and responsibilities may include but

commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring labor, materials, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments or take other remedies under the contract until the Contractor submits

shall not be limited to: (1) Making periodic visits to the work site, and on the

basis of his/her on-site inspections, issuing written reports to the PHA which shall include all observed deficiencies. The Architect shall file a copy of the report with the Contractor’s designated representativeat the site; the required schedule.

(2) Making modifications in drawings and technical (b) The Contractor shall enter the actual progress on the chart as required by the Contracting Officer, and immediately deliver three copies of the annotated schedule to the Contracting Officer. If the Contracting Officer determines, upon the basis of inspection conducted pursuant to the clause entitled Inspection and Acceptance of Construction, herein that the Contractor is not meeting the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the PHA. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of

specifications and assisting the Contracting Officer in the preparation of change orders and other contract modifications for issuance by the Contracting Officer;

(3) Reviewing and making recommendations with respect to - (i) the Contractor’s construction progress schedules; (ii) the Contractor’s shop and detailed drawings; (iii) the machinery, mechanical and other equipment and materials or other articles proposed for use by the Contractor; and, (iv) the Contractor’s price breakdown and progress payment estimates; and,

(4) Assisting in inspections, signing Certificates of Completion, and making recommendations with respect to acceptance of work completed under the contract.

4. Other Contracts progress will be regained.

The PHA may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with PHA employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by PHA employees

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the Contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the Default clause of this contract.

7. Site Investigation and Conditions Affecting the Work Construction Requirements

5. Pre-construction Conference and Notice to Proceed (a) The Contractor acknowledges that it has taken steps

reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to, (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads;(3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is

(a) Within ten calendar days of contract execution, and prior to the commencement of work, the Contractor shall attend a preconstruction conference with representatives of the PHA, its Architect, and other interested parties convened by the PHA. The conference will serve to acquaint the participants with the general plan of the construction operation and all other requirements of the contract. The PHA will provide the Contractor with the date, time, and place of the conference.

(b) The contractor shall begin work upon receipt of a written Notice to Proceed from the Contracting Officer or designee. The Contractor shall not begin work prior to receiving such notice.


Page 3 of 19 form HUD-5370 (1/2014)

reasonably ascertainable from an inspection of the site, including all exploratory work done by the PHA, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully

promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.

perform the work without additional expense to the PHA. (b) Wherever in the specifications or upon the drawings the

words “directed”, “required”, “ordered”, “designated”, “prescribed”, or words of like import are used, it shall be(b) The PHA assumes no responsibility for any conclusions

or interpretations made by the Contractor based on the information made available by the PHA. Nor does the PHA assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

understood that the “direction”, “requirement”, “order”, “designation”, or “prescription”, of the Contracting Officer is intended and similarly the words “approved”, “acceptable”, “satisfactory”, or words of like import shallmean “approved by”, or “acceptable to”, or “satisfactory to” the Contracting Officer, unless otherwise expressly stated.

(c) Where “as shown” “as indicated”, “as detailed”, or words

8. Differing Site Conditions of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word “provided” as used herein shall be understood to mean “provide complete in place” that is “furnished and installed”.

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or (2) unknown physical conditions at the site(s), of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the

(d) “Shop drawings” means drawings, submitted to the PHA

contract.

by the Contractor, subcontractor, or any lower tier subcontractor, showing in detail (1) the proposed fabrication and assembly of structural elements and (2) the installation (i.e., form, fit, and attachment details) of materials of equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the contract. The PHA may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. Work shall not proceed at the affected site, except at the Contractor’s risk, until the Contracting Officer has provided written instructions to the Contractor. If the conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, the Contractor shall file a claim in writing to the PHA within ten days after receipt of such instructions and, in any event, before proceeding with the work. An equitable adjustment in the contract price, the delivery schedule, or both shall be made under this clause and

contract. (e) If this contract requires shop drawings, the Contractor

the contract modified in writing accordingly.

shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with other contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor’s approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the PHA’s reasons therefore. Any work done before such approval shall be at the Contractor’s risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f)

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the ContractingOfficer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract. below.

9. Specifications and Drawings for Construction (f) If shop drawings show variations from the contract

requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Architect approves any such variation and the Contracting Officer concurs, the

(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be

Contracting Officer shall issue an appropriate modification to the contract, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued.

(g) It shall be the responsibility of the Contractor to maketimely requests of the PHA for such large scale and full size drawings, color schemes, and other additional information, not already in his possession, which shall be


Page 4 of 19 form HUD-5370 (1/2014)

required in the planning and production of the work. Such requests may be submitted as the need arises, but each such request shall be filed in ample time to permit appropriate action to be taken by all parties involved so

machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer’s approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk

as to avoid delay. (h) The Contractor shall submit to the Contracting Officer for

approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the PHA and one set will be returned to the Contractor. As required by the Contracting Officer, the Contractor, upon completing the work under this contract, shall furnish a complete set of all shop drawings as finally approved. These drawings shall show all changes and revisions

of subsequent rejection. (2) When required by the specifications or the

Contracting Officer, the Contractor shall submit appropriately marked samples (and certificates related to them) for approval at the Contractor’s

made up to the time the work is completed and accepted. expense, with all shipping charges prepaid. The Contractor shall label, or otherwise properly mark on the container, the material or product represented, its place of origin, the name of the producer, the Contractor’s name, and the identification of the construction project for which the material or product

(i) This clause shall be included in all subcontracts at any tier. It shall be the responsibility of the Contractor to ensure that all shop drawings prepared by subcontractors are submitted to the Contracting Officer.

10. As-Built Drawings is intended to be used.

(a) “As-built drawings,” as used in this clause, means (3) Certificates shall be submitted in triplicate, describing

each sample submitted for approval and certifying that the material, equipment or accessory complies with contract requirements. The certificates shall include the name and brand of the product, name of manufacturer, and the location where produced.

drawings submitted by the Contractor or subcontractor at any tier to show the construction of a particular structure or work as actually completed under the contract. “As-built drawings” shall be synonymous with “Record drawings.” (4) Approval of a sample shall not constitute a waiver of

(b) As required by the Contracting Officer, the Contractor the PHA right to demand full compliance with contract requirements. Materials, equipment and accessories may be rejected for cause even though samples have

shall provide the Contracting Officer accurate information to be used in the preparation of permanent as-built drawings. For this purpose, the Contractor shall record on one set of contract drawings all changes from the installations originally indicated, and record final locations of underground lines by depth from finish grade and by accurate horizontal offset distances to permanent surface improvements such as buildings, curbs, or edges of

been approved.

walks.

(5) Wherever materials are required to comply with recognized standards or specifications, such specifications shall be accepted as establishing the technical qualities and testing methods, but shall not govern the number of tests required to be made nor modify other contract requirements. The Contracting Officer may require laboratory test reports on items submitted for approval or may approve materials on the basis of data submitted in certificates with samples. Check tests will be made on materials delivered for use only as frequently as the Contracting Officer determines necessary to insure compliance of materials with the specifications. The Contractor will assume all costs of retesting materials which fail to meet contract requirements and/or testing materials offered in substitution for those found deficient.

(c) This clause shall be included in all subcontracts at any tier. It shall be the responsibility of the Contractor to ensure that all as-built drawings prepared by subcontractors are submitted to the Contracting Officer.

11. Material and Workmanship

(a) All equipment, material, and articles furnished under this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the contract to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of, and as approved by the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in

(6) After approval, samples will be kept in the Project office until completion of work. They may be built into the work after a substantial quantity of the materials they represent has been built in and accepted.

(c) Requirements concerning lead-based paint. The Contractor shall comply with the requirements concerning lead-based paint contained in the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846) as implemented by 24 CFR Part 35.

this contract. (b) Approval of equipment and materials. 12. Permits and Codes

(1) The Contractor shall obtain the Contracting Officer’s approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the

(a) The Contractor shall give all notices and comply with all applicable laws, ordinances, codes, rules and regulations. Notwithstanding the requirement of the Contractor to comply with the drawings and specifications in the contract, all work installed shall comply with all applicable codes and regulations as amended by any


Page 5 of 19 form HUD-5370 (1/2014)

waivers. Before installing the work, the Contractor shall examine the drawings and the specifications for compliance with applicable codes and regulations bearing on the work and shall immediately report any discrepancy it may discover to the Contracting Officer.

14. Temporary Heating

Where the requirements of the drawings and

The Contractor shall provide and pay for temporary heating, covering, and enclosures necessary to properly protect all work and materials against damage by dampness and cold, to dry out the work, and to facilitate the completion of the work. Any permanent heating equipment used shall be turned over to the PHA in the condition and at the time required by the specifications.

specifications fail to comply with the applicable code or regulation, the Contracting Officer shall modify the contract by change order pursuant to the clause entitled Changes herein to conform to the code or regulation.

(b) The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution and completion of the work. Where the PHA can arrange for the issuance of all or part of these permits, fees and licenses, without cost to the Contractor, the contract amount shall be reduced accordingly.

15. Availability and Use of Utility Services

(a) The PHA shall make all reasonably required amounts of

13. Health, Safety, and Accident Prevention

utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the PHA or, where the utility is produced by the PHA, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished

(a) In performing this contract, the Contractor shall: (1) Ensure that 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

without charge.(b) The Contractor, at its expense and in a manner

by the Secretary of Labor by regulation; satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the PHA, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

(2) Protect the lives, health, and safety of other persons; (3) Prevent damage to property, materials, supplies, and

equipment; and, (4) Avoid work interruptions.

(b) For these purposes, the Contractor shall: (1) 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 Act (Public Law 91-54, 83 Stat. 96), 40 U.S.C. 3701 et

16. Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

seq.; and (a) The Contractor shall preserve and protect all structures, (2) Include the terms of this clause in every subcontract equipment, and vegetation (such as trees, shrubs, and

grass) on or adjacent to the work site, which are not to be removed under this contract, and which do not unreasonably interfere with the work required under this

so that such terms will be binding on each subcontractor.

(c) The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this contract resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies, or equipment, and shall report this data in the manner prescribed by 29 CFR Part

contract. (b) The Contractor shall only remove trees when specifically

1904.

authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during performance of this contract, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as

(d) The Contracting Officer shall notify the Contractor of any noncompliance with these requirements and of the corrective action required. This notice, when delivered to the Contractor or the Contractor’s representative at the site of the work, shall be deemed sufficient notice of the noncompliance and corrective action required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to take corrective action promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not base any claim or request for equitable adjustment for additional time or money on any

directed by the Contracting Officer. (c) The Contractor shall protect from damage all existing

improvements and utilities (1) at or near the work site and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. Prior to disturbing the ground at the construction site, the Contractor shall ensure that all underground utility lines are clearly marked.

(d) The Contractor shall shore up, brace, underpin, secure,

stop order issued under these circumstances.

and protect as necessary all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of the site, which may be affected by the excavations or other operations connected with the (e) The Contractor shall be responsible for its subcontractors’

compliance with the provisions of this clause. The Contractor shall take such action with respect to any subcontract as the PHA, the Secretary of Housing and Urban Development, or the Secretary of Labor shall direct as a means of enforcing such provisions.

construction of the project. (e) Any equipment temporarily removed as a result of work

under this contract shall be protected, cleaned, and replaced in the same condition as at the time of award of this contract.


Page 6 of 19 form HUD-5370 (1/2014)

(f) New work which connects to existing work shall The contactor shall comply with the Clean Air Act, as amended, 42 USC 7401 et seq., the Federal Water Pollution Control Water Act, as amended, 33 U.S.C. 1251 et seq., and standards issued pursuant thereto in the facilities in which this contract is to be performed.

correspond in all respects with that to which it connects and/or be similar to existing work unless otherwise required by the specifications.

(g) No structural members shall be altered or in any way weakened without the written authorization of the Contracting Officer, unless such work is clearly specified 19. Energy Efficiency in the plans or specifications.

(h) If the removal of the existing work exposes discolored or unfinished surfaces, or work out of alignment, such surfaces shall be refinished, or the material replaced as necessary to make the continuous work uniform and harmonious. This, however, shall not be construed to require the refinishing or reconstruction of dissimilar finishes previously exposed, or finished surfaces in good condition, but in different planes or on different levels when brought together by the removal of intervening work, unless such refinishing or reconstruction is

The Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in which the work under the contract is performed.

20. Inspection and Acceptance of Construction

(a) Definitions. As used in this clause - specified in the plans or specifications. (1) “Acceptance” means the act of an authorized

representative of the PHA by which the PHA approves and assumes ownership of the work performed under this contract. Acceptance may be partial or complete.

(2) “Inspection” means examining and testing the work

(i) The Contractor shall give all required notices to any adjoining or adjacent property owner or other party before the commencement of any work.

(j) The Contractor shall indemnify and save harmless the PHA from any damages on account of settlement or the loss of lateral support of adjoining property, any damages from changes in topography affecting drainage, and from all loss or expense and all damages for which the PHA may become liable in consequence of such injury or damage to adjoining and adjacent structures and their

performed under the contract (including, when appropriate, raw materials, equipment, components, and intermediate assemblies) to determine whether it conforms to contract requirements.

premises.

(3) “Testing” means that element of inspection that determines the properties or elements, including functional operation of materials, equipment, or their components, by the application of established scientific (k) The Contractor shall repair any damage to vegetation,

structures, equipment, utilities, or improvements, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

principles and procedures. (b) The Contractor shall maintain an adequate inspection

system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. All work is subject to PHA inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance withthe terms of the contract.

(c) PHA inspections and tests are for the sole benefit of the 17. Temporary Buildings and Transportation of Materials PHA and do not: (1) relieve the Contractor of

responsibility for providing adequate quality control measures; (2) relieve the Contractor of responsibility for loss or damage of the material before acceptance; (3) constitute or imply acceptance; or, (4) affect the continuing rights of the PHA after acceptance of the

(a) Temporary buildings (e.g., storage sheds, shops, offices, sanitary facilities) and utilities may be erected by the Contractor only with the approval of the Contracting Officer and shall be built with labor and materials furnished by the Contractor without expense to the PHA. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not

completed work under paragraph (j) below. (d) The presence or absence of the PHA inspector does not

relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specifications without the Contracting Officer’s written authorization. All instructions and

be removed. approvals with respect to the work shall be given to the (b) The Contractor shall, as directed by the Contracting Contractor by the Contracting Officer.

Officer, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any federal, state, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

(e) The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The PHA may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The PHA shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

18. Clean Air and Water


Page 7 of 19 form HUD-5370 (1/2014)

(f) The PHA may conduct routine inspections of the occupied without proper remuneration therefore. If prior possession or use by the PHA delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be modified in writing accordingly.

construction site on a daily basis. (g) The Contractor shall, without charge, replace or correct

work found by the PHA not to conform to contract requirements, unless the PHA decides that it is in its interest to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from 22. Warranty of Title the premises.

(h) If the Contractor does not promptly replace or correct The Contractor warrants good title to all materials, supplies, and equipment incorporated in the work and agrees to deliver the premises together with all improvements thereon free from any claims, liens or charges, and agrees further that neither it nor any other person, firm or corporation shall have any right to a lien upon the premises or anything appurtenant thereto.

rejected work, the PHA may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor, or (2) terminate for default the Contractor’s right to proceed.

(i) If any work requiring inspection is covered up without approval of the PHA, it must, if requested by the Contracting Officer, be uncovered at the expense of the Contractor. If at any time before final acceptance of the entire work, the PHA considers it necessary or advisable, to examine work already completed by removing or tearing it out, the Contractor, shall on request, promptly furnish all necessary facilities, labor, and material. If such work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray all the expenses of the examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the contract, the Contracting Officer shall make an equitable adjustment to cover the cost of the examination and reconstruction, including, if completion of the work was thereby delayed, an

23. Warranty of Construction

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or workmanship performedby the Contractor or any subcontractor or supplier at any tier. This warranty shall continue for a period of (one year unless otherwise indicated) from the date of final acceptance of the work. If the PHA takes possession of any part of the work before final acceptance, this warranty shall continue for a period of (one year unless otherwise indicated) from the date that the PHA takes

extension of time. possession. (j) The Contractor shall notify the Contracting Officer, in (b) The Contractor shall remedy, at the Contractor’s

writing, as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for inspection. If the Architect determines that the state of preparedness is as represented, the PHA will promptly arrange for the inspection. Unless otherwise specified in the contract, the PHA shall accept, as soon as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA’s right under any warranty or guarantee.

expense, any failure to conform, or any defect. In addition, the Contractor shall remedy, at the Contractor’s expense, any damage to PHA-owned or controlled real or personal property when the damage is the result of— (1) The Contractor’s failure to conform to contract require-

ments; or (2) Any defects of equipment, material, workmanship or

design furnished by the Contractor. (c) The Contractor shall restore any work damaged in

fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for (one year unless otherwise indicated) from the date of repair or replacement.

(d) The Contracting Officer shall notify the Contractor, in 21. Use and Possession Prior to Completion writing, within a reasonable time after the discovery of

any failure, defect or damage. (a) The PHA shall have the right to take possession of or use

any completed or partially completed part of the work. Before taking possession of or using any work, the Contracting Officer shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the PHA intends to take possession of or use. However, failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The PHA’s possession or use shall not be

(e) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the PHA shall have the right to replace, repair or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(f) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract,the Contractor shall: (1) Obtain all warranties that would be given in normal

deemed an acceptance of any work under the contract. commercial practice; (b) While the PHA has such possession or use, the (2) Require all warranties to be executed in writing, for the

Contractor shall be relieved of the responsibility for (1) the loss of or damage to the work resulting from the PHA’s possession or use, notwithstanding the terms of the clause entitled Permits and Codes herein; (2) all maintenance costs on the areas occupied; and, (3) furnishing heat, light, power, and water used in the areas

benefit of the PHA; and, (3) Enforce all warranties for the benefit of the PHA.

(g) In the event the Contractor’s warranty under paragraph(a) of this clause has expired, the PHA may bring suit at its own expense to enforce a subcontractor’s, manufacturer’s or supplier’s warranty.


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(h) Unless a defect is caused by the negligence of the basis for determining progress payments. The breakdown shall be approved by the Contracting Officer and must be acceptable to HUD. If the contract covers more than one

Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defect of material or design furnished by the PHA nor for the repair of any damage that results from any defect in PHA

project, the Contractor shall furnish a separate

furnished material or design. breakdown for each. The values and quantities employed in making up this breakdown are for determining the amount of progress payments and shall not be construed as a basis for additions to or deductions from the contract price. The Contractor shall prorate its overhead and profit

(i) Notwithstanding any provisions herein to the contrary, the establishment of the time periods in paragraphs (a) and (c) above relate only to the specific obligation of the Contractor to correct the work, and have no relationship to the time within which its obligation to comply with the contract may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to its obligation other than specifically to correct the work.

over the construction period of the contract. (d) The Contractor shall submit, on forms provided by the

PHA, periodic estimates showing the value of the work performed during each period based upon the approved

submitted not later than days in advance of (j) This warranty shall not limit the PHA’s rights under the the date set for payment and are subject to correction and

revision as required. The estimates must be approved by the Contracting Officer with the concurrence of the Architect prior to payment. If the contract covers more than one project, the Contractor shall furnish a

Inspection and Acceptance of Construction clause of this contract with respect to latent defects, gross mistakes or fraud.

24. Prohibition Against Liens separate progress payment estimate for each.

The Contractor is prohibited from placing a lien on the PHA’s property. This prohibition shall apply to all subcontractors at any tier and all materials suppliers.

(e) Along with each request for progress payments and the required estimates, the Contractor shall furnish the following certification, or payment shall not be made: I hereby certify, to the best of my knowledge and belief, that:

Administrative Requirements (1) The amounts requested are only for performance in accordance with the specifications, terms, and

25. Contract Period conditions of the contract; (2) Payments to subcontractors and suppliers have been

made from previous payments received under the contract, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements; and,

this contract within calendar days of the effective date of the contract, or within the time schedule established in the notice to proceed issued by the Contracting Officer. (3) This request for progress payments does not include

26. Order of Provisions any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract. In the event of a conflict between these General

Conditions and the Specifications, the General Conditions shall prevail. In the event of a conflict between the contract and any applicable state or local law or regulation, the state or local law or regulation shall prevail; provided that such state or local law or regulation does not conflict with, or is less restrictive than applicable federal law, regulation, or Executive Order. In the event of such a conflict, applicable federal law, regulation, and Executive Order shall prevail.

Name:

Title:

Date:

27. Payments (f) Except as otherwise provided in State law, the PHA shall

(a) The PHA shall pay the Contractor the price as provided in retain ten (10) percent of the amount of progress payments until completion and acceptance of all work under the contract; except, that if upon completion of 50 percent of the work, the Contracting Officer, after consulting with the Architect, determines that the Contractor’s performance and progress are satisfactory,

this contract. (b) The PHA shall make progress payments approximately

every 30 days as the work proceeds, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer. The PHA may, subject to written determination and approval of the Contracting Officer, make more frequent payments to contractors which are

the PHA may make the remaining payments in full for the work subsequently completed. If the Contracting Officer subsequently determines that the Contractor’s performance and progress are unsatisfactory, the PHA shall reinstate the ten (10) percent (or other percentage as provided in State law) retainage until such time as the Contracting Officer determines that performance and

qualified small businesses. (c) Before the first progress payment under this contract, the

Contractor shall furnish, in such detail as requested by the Contracting Officer, a breakdown of the total contract price showing the amount included therein for each principal category of the work, which shall substantiate the payment amount requested in order to provide a

progress are satisfactory. (g) The Contracting Officer may authorize material delivered

on the site and preparatory work done to be taken into consideration when computing progress payments.


Page 9 of 19 form HUD-5370 (1/2014)

Material delivered to the Contractor at locations other than the site may also be taken into consideration if the Contractor furnishes satisfactory evidence that (1) it has acquired title to such material; (2) the material is properly stored in a bonded warehouse, storage yard, or similar suitable place as may be approved by the Contracting Officer; (3) the material is insured to cover its full value; and (4) the material will be used to perform this contract. Before any progress payment which includes delivered material is made, the Contractor shall furnish such documentation as the Contracting Officer may require to assure the protection of the PHA’s interest in such materials. The Contractor shall remain responsible for such stored material notwithstanding the transfer of title

responsibilities of the parties (e.g., change in the PHA address). All other contract modifications shall be in the form of supplemental agreements signed by the Contractor and the Contracting Officer.

(c) When a proposed modification requires the approval of HUD prior to its issuance (e.g., a change order that exceeds the PHA’s approved threshold), such modification shall not be effective until the required approval is received by the PHA.

29. Changes

(a) The Contracting Officer may, at any time, without notice

to the PHA. to the sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract including changes: (1) In the specifications (including drawings and designs); (2) In the method or manner of performance of the work;

(h) All material and work covered by progress payments made shall, at the time of payment become the sole property of the PHA, but this shall not be construed as (1) relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or, (2) waiving the right of the PHA to require the fulfillment of all of the terms of the contract. In the event the work of the Contractor has been damaged by other contractors or persons other than employees of the PHA in the course of their employment, the Contractor shall restore such damaged work without cost to the PHA and to seek redress for its damage only from those who directly

(3) PHA-furnished facilities, equipment, materials, services, or site; or,

(4) Directing the acceleration in the performance of the

caused it.

work. (b) Any other written order or oral order (which, as used in

this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating (1) the date, circumstances and source of the order and (2) that the Contractor regards the order as a(i) The PHA shall make the final payment due the Contractor

under this contract after (1) completion and final acceptance of all work; and (2) presentation of release of all claims against the PHA arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. Each such exception shall embrace no more than one claim, the basis and scope of which shall be clearly defined. The amounts for such excepted claims shall not be included in the request for final payment. A release may also be required of the assignee if the Contractor’s claim to amounts payable under this contract

change order. (c) Except as provided in this clause, no order, statement or

conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment.

(d) If any change under this clause causes an increase or

has been assigned.

decrease in the Contractor’s cost of, or the time required for the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for a adjustment based on defective specifications, no proposal for any change under paragraph (b) above shall be allowed for any costs incurred more than 20 days (5 days for oral orders) before the Contractor gives written notice as required. In the case of defective specifications for which the PHA is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with

(j) Prior to making any payment, the Contracting Officer may require the Contractor to furnish receipts or other evidence of payment from all persons performing work and supplying material to the Contractor, if the Contracting Officer determines such evidence is necessary to substantiate claimed costs.

(k) The PHA shall not; (1) determine or adjust any claims for payment or disputes arising there under between the Contractor and its subcontractors or material suppliers; or, (2) withhold any moneys for the protection of the subcontractors or material suppliers. The failure or refusal of the PHA to withhold moneys from the Contractor shall in nowise impair the obligations of any surety or sureties under any bonds furnished under this contract.

the defective specifications. (e) The Contractor must assert its right to an adjustment

28. Contract Modifications

under this clause within 30 days after (1) receipt of a written change order under paragraph (a) of this clause, or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting a written statement describing the general nature and the amount of the proposal. If the facts justify it, the Contracting Officer may extend the period for submission. The proposal may be included in the notice required under paragraph (b) above. No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final (a) Only the Contracting Officer has authority to modify any

term or condition of this contract. Any contract payment under this contract. modification shall be authorized in writing. (f) The Contractor’s written proposal for equitable

adjustment shall be submitted in the form of a lump sum proposal supported with an itemized breakdown of all increases and decreases in the contract in at least the following details:

(b) The Contracting Officer may modify the contract unilaterally (1) pursuant to a specific authorization stated in a contract clause (e.g., Changes); or (2) for administrative matters which do not change the rights or


Page 10 of 19 form HUD-5370 (1/2014)

(1) Direct Costs. Materials (list individual items, the been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor or for which any equitable adjustment is provided for or excluded under any other provision of this contract.

quantity and unit cost of each, and the aggregate cost); Transportation and delivery costs associated with materials; Labor breakdowns by hours or unit costs (identified with specific work to be performed); Construction equipment exclusively necessary for the change; Costs of preparation and/ or revision to shop drawings resulting from the change; Worker’s Compensation and Public Liability Insurance; Employment taxes under FICA and FUTA; and, Bond Costs when size of change warrants revision.

(2) Indirect Costs. Indirect costs may include overhead, general and administrative expenses, and fringe benefits not normally treated as direct costs.

(3) Profit. The amount of profit shall be negotiated and may vary according to the nature, extent, and complexity of the work required by the change. The

allowability of the direct and indirect costs shall be determined in accordance with the Contract Cost Principles and Procedures for Commercial Firms in Part 31 of the Federal Acquisition Regulation (48 CFR 1-31), as implemented by HUD Handbook 2210.18, in effect on the date of this contract. The Contractor shall not be

(c) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and, (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

31. Disputes

allowed a profit on the profit received by any

(a) “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. A claim arising under the contract, unlike a claim relating to the contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted to a claim by complying with the requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

subcontractor. Equitable adjustments for deleted work shall include a credit for profit and may include a credit for indirect costs. On proposals covering both increases and decreases in the amount of the contract, the application of indirect costs and profit shall be on the net-change in direct costs for the Contractor or subcontractor performing the work.

(g) The Contractor shall include in the proposal its request for time extension (if any), and shall include sufficient information and dates to demonstrate whether and to what extent the change will delay the completion of the

(b) Except for disputes arising under the clauses entitled

contract in its entirety.

Labor Standards - Davis Bacon and Related Acts, herein, all disputes arising under or relating to this contract, including any claims for damages for the alleged breach thereof which are not disposed of by agreement, shall be

(h) The Contracting Officer shall act on proposals within 30 days after their receipt, or notify the Contractor of the

resolved under this clause. (c) All claims by the Contractor shall be made in writing and

date when such action will be taken. submitted to the Contracting Officer for a written decision. A claim by the PHA against the Contractor shall be subject to a written decision by the Contracting Officer.

(d) The Contracting Officer shall, within 60 (unless otherwise indicated) days after receipt of the request, decide the claim or notify the Contractor of the date by which the

(i) Failure to reach an agreement on any proposal shall be a dispute under the clause entitled Disputes herein. Nothing in this clause, however, shall excuse the Contractor from proceeding with the contract as changed.

(j) Except in an emergency endangering life or property, no change shall be made by the Contractor without a prior order from the Contracting Officer.

decision will be made. (e) The Contracting Officer’s decision shall be final unless

30. Suspension of Work the Contractor (1) appeals in writing to a higher level in the PHA in accordance with the PHA’s policy and procedures, (2) refers the appeal to an independent mediator or arbitrator, or (3) files suit in a court of competent jurisdiction. Such appeal must be made within (30 unless otherwise indicated) days after receipt of the

(a) The Contracting Officer may order the Contractor in writing to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the Contracting Officer’s decision. convenience of the PHA. (f) The Contractor shall proceed diligently with performance

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified (or within a reasonable time if not specified) in this contract an adjustment shall be made for any increase in the cost of performance of the contract (excluding profit) necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have

of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer.

32. Default

(a) If the Contractor refuses or fails to prosecute the work, or any separable part thereof, with the diligence that will insure its completion within the time specified in this contract, or any extension thereof, or fails to complete said work within this time, the Contracting Officer may, by written notice to the Contractor, terminate the right to


Page 11 of 19 form HUD-5370 (1/2014)

proceed with the work (or separable part of the work) that has been delayed. In this event, the PHA may take over the work and complete it, by contract or otherwise, and may take possession of and use any materials, equipment, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the PHA resulting from the Contractor’s refusal or failure to complete the work within

completion of the work together with any increased costs occasioned the PHA in completing the work.

(c) If the PHA does not terminate the Contractor’s right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted.

34. Termination for Convenience

the specified time, whether or not the Contractor’s right to proceed with the work is terminated. This liability includes any increased costs incurred by the PHA in completing

(a) The Contracting Officer may terminate this contract in whole, or in part, whenever the Contracting Officer determines that such termination is in the best interest of the PHA. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which the performance of the work under the contract is terminated, and the date upon

the work. (b) The Contractor’s right to proceed shall not be terminated

or the Contractor charged with damages under this clause if— (1) The delay in completing the work arises from which such termination becomes effective.

unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (i) acts of God, or of the public enemy, (ii) acts of the PHA or other governmental entity in either its sovereign or contractual capacity, (iii) acts of another contractor in the performance of a contract with the PHA, (iv) fires, (v) floods, (vi) epidemics, (vii) quarantine restrictions, (viii) strikes, (ix) freight embargoes, (x) unusually severe weather, or (xi) delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and the subcontractors or suppliers; and

(2) The Contractor, within days (10 days unless otherwise indicated) from the beginning of such delay (unless extended by the Contracting Officer) notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of the delay. If, in the judgment of the Contracting Officer, the findings of fact warrant such action, time for completing the work shall be extended by written modification to the contract. The findings of the Contracting Officer shall be reduced to a written decision which shall be subject to the provisions of

(b) If the performance of the work is terminated, either in whole or in part, the PHA shall be liable to the Contractor for reasonable and proper costs resulting from such termination upon the receipt by the PHA of a properly presented claim setting out in detail: (1) the total cost of the work performed to date of termination less the total amount of contract payments made to the Contractor; (2) the cost (including reasonable profit) of settling and paying claims under subcontracts and material orders for work performed and materials and supplies delivered to the site, payment for which has not been made by the PHA to the Contractor or by the Contractor to the subcontractor or supplier; (3) the cost of preserving and protecting the work already performed until the PHA or assignee takes possession thereof or assumes responsibility therefore; (4) the actual or estimated cost of legal and accounting services reasonably necessary to prepare and present the termination claim to the PHA; and (5) an amount constituting a reasonable profit on thevalue of the work performed by the Contractor.

(c) The Contracting Officer will act on the Contractor’s claim within days (60 days unless otherwise indicated) of receipt of the Contractor’s claim.

(d) Any disputes with regard to this clause are expressly the Disputes clause of this contract. made subject to the provisions of the Disputes clause of

this contract. (c) If, after termination of the Contractor’s right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been for convenience of the PHA.

35. Assignment of Contract

33. Liquidated Damages

The Contractor shall not assign or transfer any interest in this contract; except that claims for monies due or to become due from the PHA under the contract may be assigned to a bank, trust company, or other financial institution. Such assignments of claims shall only be made with the written concurrence of the Contracting Officer. If the Contractor is a partnership, this contract shall inure to the benefit of the surviving or remaining member(s) of such partnership as approved by the Contracting Officer.

(a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, as specified in the clause entitled Default of this contract, the Contractor shall pay to the PHA as liquidated damages, the sum of

Contracting Officer insert amount] for $each day of delay. If different completion dates are specified in the contract for separate parts or stages of the work, the amount of liquidated damages shall be assessed on those parts or stages which are delayed. To the extent that the Contractor’s delay or nonperformance is excused under another clause in this contract, liquidated damages shall not be due the PHA. The Contractor remains liable for damages caused other than

36. Insurance

(a) Before commencing work, the Contractor and each subcontractor shall furnish the PHA with certificates of insurance showing the following insurance is in force andwill insure all operations under the Contract:

by delay. (1) Workers’ Compensation, in accordance with state or (b) If the PHA terminates the Contractor’s right to proceed, Territorial Workers’ Compensation laws.

the resulting damage will consist of liquidated damages until such reasonable time as may be required for final

(2) Commercial General Liability with a combined single

than $ limit for bodily injury and property damage of not less

[Contracting Officer insert amount]


Page 12 of 19 form HUD-5370 (1/2014)

per occurrence to protect the Contractor and each subcontractor against claims for bodily injury or death and damage to the property of others. This shall cover the use of all equipment, hoists, and vehicles

(2) “Subcontractor” means any supplier, vendor, or firm that furnishes supplies, materials, equipment, or services to or for the Contractor or another subcontractor.

on the site(s) not covered by Automobile Liability (b) The Contractor shall not enter into any subcontract with any subcontractor who has been temporarily denied participation in a HUD program or who has been suspended or debarred from participating in contracting

under (3) below. If the Contractor has a "claims made” policy, then the following additional requirements apply: the policy must provide a “retroactive date” which must be on or before the programs by any agency of the United States execution date of the Contract; and the extended reporting period may not be less than five years

Government or of the state in which the work under this contract is to be performed.

following the completion date of the Contract. (c) The Contractor shall be as fully responsible for the acts or omissions of its subcontractors, and of persons either directly or indirectly employed by them as for the acts or omissions of persons directly employed by the

(3) Automobile Liability on owned and non -owned motor vehicles used on the site(s) or in connection therewithfor a combined single limit for bodily injury and property damage of not less than $ Contractor. [Contracting Officer insert amount] per occurrence. (d) The Contractor shall insert appropriate clauses in all

(b) Before commencing work, the Contractor shall furnish the subcontracts to bind subcontractors to the terms and conditions of this contract insofar as they are applicablePHA 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(s), including foundations and building equipment, is in force. The Builder’s Risk Insurance shall be for the benefit of the Contractor and the PHA 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 PHA shall carry insurance on such equipment from the time the Contractor takes possession thereof until the Contract work is accepted by the PHA. The Builder’s 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 PHA. The Contractor may terminate this insurance on buildings as of the date taken over for occupancy by the PHA. The Contractor is not required to carry Builder’s Risk Insurance for modernization work which does not involve structural alterations or additions and where the PHA’s existing fire and extended coverage policy can be endorsed to

to the work of subcontractors. (e) Nothing contained in this contract shall create any

contractual relationship between any subcontractor and the PHA or between the subcontractor and HUD.

38. Subcontracting with Small and Minority Firms, Women’s Business Enterprise, and Labor Surplus Area Firms

The Contractor shall take the following steps to ensure that, whenever possible, subcontracts are awarded to small business firms, minority firms, women’s businessenterprises, and labor surplus area firms:

(a) Placing qualified 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 wheneverthey are potential sources;

(c) 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;

(d) Establishing delivery schedules, where the requirements

include such work. of the contract permit, which encourage participation by small and minority businesses and women’s business

(c) All insurance shall be carried with companies which are enterprises; and financially responsible and admitted to do business in the State in which the project is located. 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 written notice has been given to the Contracting Officer.

(e) 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.

39. Equal Employment Opportunity

During the performance of this contract, the Contractor agrees as follows:

(a) The Contractor shall not discriminate against any employee or applicant for employment because of race,

37. Subcontracts color, religion, sex, national origin, or handicap. (b) The Contractor shall take affirmative action to ensure that

(a) Definitions. As used in this contract - applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national 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.

(1) “Subcontract” means any contract, purchase order, or other purchase agreement, including modifications and change orders to the foregoing, entered into by a subcontractor to furnish supplies, materials, equipment, and services for the performance of the prime contract or a subcontract.


Page 13 of 19 form HUD-5370 (1/2014)

(c) The Contractor shall post in conspicuous places available (a) 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

to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.

(d) 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.

(e) The Contractor shall send, to each labor union or housing. 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 Contractor’s commitments under this clause, and post copies of the notice in conspicuous places available to

(b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 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.

employees and applicants for employment. (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any, a notice advising the labor organization or workers' representative of the contractor's 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

(f) 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 reportsrequired by Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, as amended, and by rules, 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 with 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,

anticipated date the work shall begin. (d) 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

or as otherwise provided by law. violation of the regulations in 24 CFR Part 135. (i) The Contractor shall include the terms and conditions of (e) The contractor will certify that any vacant employment

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 Housing and Urban Development or 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

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 contractor's obligations under 24 CFR Part 135.

(f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

interests of the United States.

(g) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b)agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

(j) Compliance with the requirements of this clause shall be to the maximum extent consistent with, but not in derogation of, compliance with section 7(b) of the Indian Self-Determination and Education Assistance Act and the Indian Preference clause of this contract.

40. Employment, Training, and Contracting Opportunities for Low-Income Persons, Section 3 of the Housing and Urban Development Act of 1968.


Page 14 of 19 form HUD-5370 (1/2014)

41. Interest of Members of Congress (a) The PHA, HUD, or Comptroller General of the United

No member of or delegate to the Congress of the United States of America shall be admitted to any share or part of this contract or to any benefit that may arise therefrom.

States, or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor’s directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, 42. Interest of Members, Officers, or Employees and

Former Members, Officers, or Employees excerpts, and transcriptions.

No member, officer, or employee of the PHA, no member of the governing body of the locality in which the project is situated, no member of the governing body of the locality in which the PHA was activated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof.

(b) The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same as paragraph (a) above. “Subcontract,” as used in this clause, excludes purchase orders not exceeding $10,000.

43. Limitations on Payments made to Influence Certain Federal Financial Transactions

(c) The periods of access and examination in paragraphs (a) and (b) above for records relating to (1) appeals under the Disputes clause of this contract, (2) litigation or settlement of claims arising from the performance of this contract, or (3) costs and expenses of this contract to which the PHA, HUD, or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims, or exceptions.

(a) The Contractor agrees to comply with Section 1352 of Title 31, United States Code which prohibits the use of Federal appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: 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; or the modification of any

46. Labor Standards - Davis-Bacon and Related Acts

If the total amount of this contract exceeds $2,000, the Federal labor standards set forth in the clause below shall apply to the development or construction work to be performed under the contract.

(a) Minimum Wages.

Federal contract, grant, loan, or cooperative agreement.

(1) All laborers and mechanics employed under this contract in the development or construction of the project(s) involved will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR 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 Labor 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 or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the regular 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 in the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing

(b) The Contractor further agrees to comply with the requirement of the Act to furnish a disclosure (OMB Standard Form LLL, Disclosure of Lobbying Activities) if any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) 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 a Federal contract, grant, loan, or cooperative agreement.

44. Royalties and Patents

The Contractor shall pay all royalties and license fees. It shall defend all suits or claims for infringement of any patent rights and shall save the PHA harmless from loss on account thereof; except that the PHA shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified and the Contractor has no reason to believe that the specified design, process, or product is an infringement. If, however, the Contractor has reason to believe that any design, process or product specified is an infringement of a patent, the Contractor shall promptly notify the Contracting Officer. Failure to give such notice shall make the Contractor responsible for resultant loss.

work in more than one classification may be

45. Examination and Retention of Contractor’s Records

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 work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall


Page 15 of 19 form HUD-5370 (1/2014)

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

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

workers.(2) (i) Any class of laborers or mechanics, including

helpers, 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 and fringe benefits therefor only when all the following criteria have been met: (A) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (B) The classification is utilized in the area by the construction industry; and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage

program.

determination.

(b) Withholding of funds. 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 the Contractor under this contract or any other Federal contract with the same prime Contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working 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

(ii) 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, Employee Standards Administration, U.S. Department of Labor, Washington, DC 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.

respective employees to whom they are due. (c) Payrolls and basic records.

(1) Payrolls and basic records relating thereto shall be (iii) In the event the Contractor, the laborers or 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 in the construction or development of the project. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or 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 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 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. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

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 or its designee, to the Administrator of the Wage and Hour Division 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.

(iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (a)(2)(ii) or (iii) of this clause shall be paid to all workers performing work in the classification under this contract from the first dayon which work is performed in classification.

(3) 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 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.

(4) If the 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


Page 16 of 19 form HUD-5370 (1/2014)

(2) (i) The Contractor shall submit weekly for each week make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. in which any contract work is performed a copy of

all payrolls to the Contracting Officer for (d) (1) Apprentices. Apprentices will be permitted to work at transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under subparagraph (c)(1) of this clause. This information may be submitted in any form desired. Optional Form WH-347 (Federal Stock Number 029-005-00014-1) is available for this purpose and may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB

less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship and Training, Employer andLabor Services (OATELS), or with a State Apprenticeship Agency recognized by OATELS, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by OATELS or a State Apprenticeship Agency (where

Control Number 1214-0149.) appropriate) to be eligible for probationary (ii) Each payroll submitted shall be accompanied by a employment as an apprentice. The allowable ratio of

apprentices to journeymen on the job site in any craft classification shall not be greater than 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 be paid not less than the applicable wage rate on the wage determination 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 the applicable wage rate on the wage determination for the 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’s

“Statement of Compliance,” signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shallcertify the following: (A) That the payroll for the payroll period contains

the information required to be maintained under paragraph (c) (1) of this clause and that such information is correct and complete;

(B) That each laborer or mechanic (including each helper, 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 earned, other than permissible deductions as set forth in 29 CFR Part 3; and hourly rate) specified in the Contractor’s or

(C) 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

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 journeyman 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 OATELS, or a State Apprenticeship Agency recognized by OATELS, 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

incorporated into the contract. (iii) 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 subparagraph (c)(2)(ii) ofthis clause.

(iv) 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 3729 of Title 31 of the United States Code.

(3) The Contractor or subcontractor shall make the records required under subparagraph (c)(1) available for inspection, copying, or transcription by authorized representatives of HUD or its designee, the Contracting Officer, or the Department of Labor 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 to make them available, HUD or

program is approved. (2) Trainees. Except as provided in 29 CFR 5.16,

its designee may, after written notice to the

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 journeymen on the job site shall not be greater than permitted under

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


Page 17 of 19 form HUD-5370 (1/2014)

the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in 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 in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work 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

(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a United States Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(3) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001.

(j) 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 or mechanics, including watchmen and guards, shall require or permit any such laborer or 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 or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions set forth in subparagraph (j)(1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaidwages. In addition, such Contractor and

until an acceptable program is approved.

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 or 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 (j)(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 (j)(1) of this

(3) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this clause shall be in conformity with the equal employment opportunity requirements of ExecutiveOrder 11246, as amended, and 29 CFR Part 30.

(e) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in thiscontract. clause.

(f) 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 29 CFR 5.12.

(3) Withholding for unpaid wages and liquidated

(g) Compliance with Davis-Bacon and related Act requirements. All rulings and interpretations of the Davis-

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 moneys 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 (j)(2) of this clause.

(k) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this clause, and such other clauses as HUD or its designee may by appropriate instructions require, 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 these provisions.

Bacon and related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.

(h) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this clause shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the PHA, HUD, the U.S. Department of Labor, or the employees or their representatives.

(i) Certification of eligibility. (1) 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 contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).


Page 18 of 19 form HUD-5370 (1/2014)

47. Non-Federal Prevailing Wage Rates

(a) Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under State or tribal law to be prevailing, with respect to any employee in any trade or position employed under the contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever such non-Federal prevailing wage rate exceeds: (1) The applicable wage rate determined by the Secretary

of Labor pursuant to the Davis-Bacon Act (40 U.S.C. 3141 et seq.) to be prevailing in the locality with respect to such trade;

(b) An applicable apprentice wage rate based thereon specified in an apprenticeship program registered with the U.S. Department of Labor (DOL) or a DOL- recognized State Apprenticeship Agency; or

(c) An applicable trainee wage rate based thereon specified in a DOL-certified trainee program.

48. Procurement of Recovered Materials.

(a) In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of recovered materials practicable unless the Contractor determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price.

(b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract.


Page 19 of 19 form HUD-5370 (1/2014)





DIVISION ONE – ADDENDA 1

Page 1 of 28

Division One

01000

General Requirements

1.01 RELATED DOCUMENTS

A. All of the Contract Documents, including General and Supplementary Conditions and

Division 0 – Bidding Documents, Contract Forms and Conditions of the Contract apply to

the work of this section.

B. Carefully examine all the contract documents for requirements which affect the work of

this section. The exact scope of this section cannot be determined without a thorough

review of all specification sections and other contract documents.

01010

Summary of Work

1.01 PROJECT IDENTIFICATION

A. The name of the project on the contract documents is (WHA Job No. 2019-12) MA 12-01

Great Brook Valley Gardens at 81 Tacoma Street, Worcester, Massachusetts 01605.

1.02 DESCRIPTION OF WORK

A. In general, the Contractor shall supply all material, labor, equipment, insurance,

temporary protection, tools and appliances necessary for the proper completion of the

work as described in the plans and specifications, in accordance with good construction

practice, and as required by the materials manufacturers.

B. The work includes, but is not limited to Building Improvements at 20, 21, 22, 26 and

Gym:

1. Remove existing gable end finish and install new cement board

finishes with all associated blocking and flashing with operable

hatch for attic access.

2. Replace all storm doors where indicated on the drawings.

3. Replace all light fixtures with new impact resistant fixtures where

indicated on the drawings.

4. Paint the underside of existing awnings.

5. Demolish select awnings where indicated on drawings.

6. Cut and repoint cracked mortar joints.

7. Replace individual bricks.

8. Remove loose mortar and replace mortar to match existing

where brick meets concrete structures, as indicated on the

drawings.

9. Fill holes in brick to match existing.

10. Apply water repellent to all brick exterior walls.

11. Where window sills are missing aluminum wrap, cover sills with new aluminum

wrap.

12. Replace aluminum trim at rakes.

13. Install fiber cement trim as indicated on drawings.

14. Install corner guards on chimney’s, where shown.






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15. Install damproofing and coverboard at Gym in locations identified.

C. Site Improvements at Buildings 20, 21, 22, 26(Youth Center) and Gym:

1. Front dwelling access; railing, landings, steps miscellaneous concrete work

2. Loam & seed disturbed areas.

3. Adjust existing drainage and utility structures to meet finish grade.

4. Add spray pool

5. Repave basketball court

D. All work shall be in accordance with the design approved by the Worcester Housing

Authority. The contract documents were prepared by ICON Architecture, inc, and

include the following:

1. Part A: BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE

CONTRACT

Part B: TECHNICAL SPECIFICATIONS

Part C: DRAWINGS

1.03 INTENT OF THE PROJECT MANUAL

A. Whenever "furnish", "install", or "provide" is used in the contract documents, it shall

mean to erect, install, connect, make operative, and supply all labor and materials,

including miscellaneous fittings, hardware, and accessories necessary to complete the

installation of the specified item.

B. The scope of work is indicated in the contract documents. Areas of required work

indicated on the drawings are for illustration and are not to be interpreted as

representing quantities, exact locations, and/or the extent of work required.

C. In the case of conflicts in the contract documents or unforeseen conditions noticed by

the Contractor, the Authority shall be notified immediately in writing of such errors

and/or omissions. In no case shall the Contractor proceed without written authorization

from the Authority.

D. These contract documents were prepared by ICON Architecture, inc. Any reference to

an “Architect” or “Engineer” shall be synonymous with the ICON Architecture, inc.

1.04 TIME OF COMPLETION

A. The work shall be complete within two hundred and twenty-two (222) consecutive

calendar days. The work shall be commenced and completed within the time stipulated

in the Notice to Proceed (NTP) to the Contractor.

1.05 INDEMNIFICATION

A. The Contractor shall indemnify and hold harmless the Worcester Housing Authority

(WHA) and all of its officers, agents and employees against all suits, claims, or liabilities

of every name, nature and description arising out of or in consequence of the acts of the

Contractor in the performance of the work covered by the contract and/or failure to

comply with the terms and conditions thereof and will at his/her own expense defend

any and all such suits and actions.

1.06 TAX EXEMPTION






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A. To the extent that materials and supplies are used or incorporated in the performance

of the contract, the Contractor is considered an exempt purchaser under the

Massachusetts Sale Act, Chapter 14 of the Acts of 1966. The Contractor shall be

responsible for paying all other taxes and tariffs of any sort related to the work.

1.07 APPROVAL OF SUBCONTRACTORS

A. WHA reserves the right to review and approve all proposed subcontractors and

suppliers prior to award of the contract.

01050

Conduct of the Work

1.01 GENERAL

A. Once the Contractor undertakes the work included under this specification, it shall be

carried through to an early completion on all days, exclusive of Saturdays, Sundays, and

holidays, when weather and surface conditions for the scope of the work are favorable.

B. Coordinate construction operations included in various sections of the specifications to

ensure efficient and orderly installation of each part of the work.

C. The project site is occupied. During the progress of the work, the Contractor shall

conduct his work so that inconvenience is caused as little as possible to the occupants.

At the close of the work each day, the Contractor shall pick up and stow all equipment

and miscellaneous material leaving the site in a neat (broom clean) and safe condition.

D. Normal power is to be restored at the end of each working day. Areas of work shall be

cleaned free of construction dust at the end of each workday. The Contractor is

responsible for moving all furniture in the way of the work and repositioning the

furniture at the end of the workday.

E. No smoking shall be allowed within thirty (30) feet of any building on site.

1.02 HOURS OF OPERATION

A. Regular working hours are between 8:00 a.m. and 4:30 p.m., Monday through Friday,

excluding the following WHA Holidays:

WORCESTER HOUSING AUTHORITY HOLIDAYS

Holiday Day Observed Date

New Year’s Day Friday January 1, 2021

Martin Luther King Day Monday January 18, 2021

President’s Day Monday February 15, 2021

Patriot’s Day Monday April 20, 2020

Memorial Day Monday May 25, 2020

Independence Day Friday July 3, 2020

Labor Day Monday September 7, 2020

Veterans’ Day Wednesday November 11, 2020

Thanksgiving Day Thursday November 26, 2020

Day after Thanksgiving Friday November 27, 2020

Christmas Day Friday December 25, 2020






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If the Contractor wishes to work outside of these hours, the Contractor shall obtain the prior

written approval of WHA.

1.03 TENANT COORDINATION

A. The WHA will use a Tenant Coordinator to provide notices and coordinate all advance

activities with tenants. It is the responsibility of the Contractor to provide one (1) week

notice or other as required to the WHA Project Manager/Tenant Coordinator for the

work.

B. A minimum 48-hour notice to residents is required prior to any work which may disrupt

their daily lives including, but not limited to, disruption of services, entrance into

apartments, work taking place immediately outside apartments, etc.

1.04 PARKING FOR CONTRACTOR’S VEHICLES

A. Parking on-site is limited and shall be approved by WHA.

1.05 WORK UNDER OTHER CONTRACTS

A. Briefly without limitation, the work of this contract includes coordination with other

contractors performing certain construction operations and work under separate

contracts with the Authority. Those operations will be conducted simultaneously with

work under this contract. Cooperate fully with separate contractors so work on those

contracts may be carried out smoothly, without interfering with or delaying work

under this contract.

1.06 CONTRACTOR'S USE OF PREMISES

A. Except as otherwise stipulated, the Contractor’s use of the premises and work in

occupied areas shall be fully scheduled and coordinated with the Authority.

B. Assume full responsibility for the protection and safekeeping of products stored on the

site under this Contract.

C. Move any stored products under the Contractor's control which interfere with

operations of the Authority or any separate contractor.

D. Obtain and pay for the use of additional storage or work areas needed for operations.

01210

Unit Prices

1.01 GENERAL REQUIREMENTS

A. The unit prices for items set forth in the Unit Price Schedule shall be used to determine

adjustments to the contract sum when changes in the work involving said items are

made in accordance with the contract documents.

B. Unit prices are for more or less work than is included in the base contract for the work

items included. Quantities to be included in the base price are listed in the Unit Price

Schedule.

C. Unit prices shall be computed to include net cost plus overhead, profit, bond, and all

other charges required to complete the work item. Net cost includes the cost of all

labor, materials, equipment, disposal, staging, and all other costs required to complete

the work item.






Page 5 of 28

D. Unit costs will not be adjusted.

E. The Contractor shall notify the Architect in sufficient time to permit proper

measurements to be taken on behalf of the Authority. Only quantities which have been

approved and verified by the Architect and Authority in advance of the work will be

considered for payment.

F. The Authority reserves the right to increase or decrease the unit cost quantities without

any adjustment in the unit costs.

1.02 APPLICABILITY OF UNIT PRICES

A. The payment lines shall be determined in the field be the Architect.

B. Unit prices are for more Work or less Work than is included in the base Contract for the

various tasks included. Quantities to be included in the base Contract are listed in the

Unit Price Schedule.

C. Prior to commencing removal or placement of materials set forth in the Schedule of Unit

Prices, the Contractor shall notify the Architect in sufficient time to permit proper

measurements to be taken on behalf of the Owner. Only quantities which have been

approved in writing by the Architect will be considered in the determination of

adjustments to the Contract Sum. Unit costs shall include, but not limited to, the pro-

rata share of all costs associated with doing the Work, including staging, insurance,

overhead and profit, as well.

D. Performance of Work which is not required under the Contract Documents or which is

not authorized by Change Order, whether or not such Work item is set forth hereunder

as a Unit Price item, shall not be considered cause for extra payment. The Contractor

will be held fully responsible for such unauthorized Work, including the performance of

all corrective measures required by the Architect.

E. All repair locations will be determined and marked in the field by the Engineer. Repairs

will be located at small individual locations throughout the entire scope area. Unit Price

Work performed without the approval of the Engineer will not be paid for.

F. The Owner reserves that right to increase or decrease the unit cost quantities without

any adjustment in the unit costs.

G. Unit costs include pro-rata share of Contractor’s general conditions, staging, insurance

bond, overhead and profit, etc.

Unit Price Schedule

No. Description of Work Unit Base Bid Quantity ADD Price DEDUCT Price

1 Masonry Pointing 10

SF

134.3

2 Individual Brick- Replace EA 34

3 Replace loose mortar with

new mortar

LF 0

4 Masonry Cleaning 10

SF

530.7

5 Window Sill Cover – Replace LF 0

6 Soil Removal – Type A CT

7 Soil Removal – Type B CT






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Soil Removal – Type C CT

8 Soil Removal - Hazardous CT

01230

Alternates

1.01 ALTERNATES

A. Bid prices for each alternate shall include overhead, profit, and all other expenses

incidental to the work under each alternate. Consult the individual specification sections

to find detailed requirements of each alternate.

B. List of Alternates:

1. ALTERNATE NO. 1: Youth Center Upgrades

a. Security Screens: Furnish and install security screens at all first floor

windows in building 26 in locations indicated on drawings.

b. Rear Exterior Doors: Remove doors at locations indicated at Building 26.

Infill opening in exterior wall. See drawings.

c. New Storefront System: Remove existing door. Enlarge rough opening to

accommodate new storefront. Refer to drawings for width of new opening,

style, size, etc.

d. Window Replacement. Replace all windows in existing rough openings at

Building 26. Refer to drawings for size, quantity and location.

01290

Payment Procedures

1.01 SCHEDULE OF VALUES

A. The Schedule of Values (SOV) is a statement furnished by Contractor allocating portions

of the contract sum to various portions of the work. The SOV is used as the basis for

reviewing Contractor's Applications for Payment. Submit the SOV to the Architect and

Authority within seven (7) days of the Notice to Proceed.

B. Use HUD Form HUD-51000, “Schedule of Amounts for Contract Payments” with the

“Continuation Sheet” attached with the work itemized as follows:

2. Provide at least one line item for each specification section.

3. Provide a breakdown of the contract sum in enough detail to facilitate continued

evaluation of applications for payment and progress reports in a form approved

by the Authority.

4. Round amounts to nearest whole dollar; the total shall equal the contract sum.

5. Provide a separate line item on the continuation sheet for each part of the work

where applications for payment may include materials or equipment purchased

or fabricated and stored, but not yet installed. Differentiate between items

stored on-site and items stored off-site. Include evidence of insurance or bonded

warehousing if required.

6. Provide a separate line item on the continuation sheet for each unit price. Use

the information indicated in the contract documents to determine quantities.

1.02 APPLICATIONS FOR PAYMENT






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A. Administrative actions and submittals that must precede or coincide with submittal of

first Application for Payment include the following:

1. List of Subcontractors.

Schedule of Values.

Contractor's construction schedule (preliminary if not final).

Copies of building permits.

B. Progress payments shall be made approximately every thirty (30) days as the work

proceeds on estimates of work accomplished which meets the standards of quality

established under the contract, as approved by the Contracting Officer. Periodic

estimates shall include the value of the work completed during each period based upon

the previously approved SOV. Each application for payment shall be consistent with

previous applications and payments as certified by Architect and paid for by the

Authority.

C. Execute each payment application by a person authorized to sign legal documents on

behalf of Contractor. The Architect will return incomplete applications without action.

1. Use HUD Form HUD-51001, “Periodic Estimate for Partial Payment” as form for

Application for Payment. Attach the “Continuation Sheet” that was made part

of the SOV with the approved values for each item. Indicate the work

completed in accordance with the approved SOV.

Include amounts of approved change orders issued before last day of construction

period covered by application.

Attach the completed and signed “Contractor Payment Certification” to each

requisition.

D. Submit five (5) signed original copies of each Application for Payment to the Architect.

01310

Project Meetings

1.01 PRECONSTRUCTION CONFERENCE

A. A preconstruction conference shall be scheduled and conducted by the Architect before

starting construction, at a time convenient to Authority and Architect, no later than

fifteen (15) days after execution of the agreement. The conference will be held at

project site or another convenient location. The Contractor shall participate in the

meeting to review responsibilities and personnel assignments.

1. Authorized representatives of the Authority, Architect, and their consultants;

Contractor and its superintendent; major subcontractors; manufacturers;

suppliers; and other concerned parties shall attend the conference. All

participants at the conference shall be familiar with the project and authorized

to conclude matters relating to the work.

Discuss agenda items of significance that could affect progress, including the

following:

a. Tentative construction schedule.

b. Phasing.

c. Critical work sequencing.

d. Designation of responsible personnel.






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e. Procedures for processing field decisions, RFIs, and Change Orders.

f. Procedures for processing Applications for Payment.

g. Distribution of the Contract Documents.

h. Submittal procedures.

i. Preparation of Record Documents.

j. Use of the premises.

k. Responsibility for temporary facilities and controls.

l. Parking availability.

m. Construction waste management.

n. Office, work, and storage areas.

o. Equipment deliveries and priorities.

p. Security.

q. Progress cleaning.

r. Working hours.

1.02 PROJECT MEETINGS

A. Project meetings will be held at weekly intervals once the on-site work is underway.

B. In addition to representatives of Authority and Architect, each contractor,

subcontractor, supplier, and other entity concerned with current progress or involved in

planning, coordination, or performance of future activities shall be represented at these

meetings. All participants at the conference shall be familiar with the project and

authorized to conclude matters relating to the work.

01320

Construction Progress Documentation

1.01 CONTRACTOR'S CONSTRUCTION SCHEDULE

A. No later than seven (7) days from the Notice to Proceed (NTP), provide a construction

schedule for the project in CPM or other format acceptable to the Authority. Extend the

schedule from date established for commencement of the work to date of final

completion.

B. Include milestones indicated in the contract documents in the schedule, including, but

not limited to, the NTP and final completion for each phase.

C. At monthly intervals, update schedule to reflect actual construction progress and

activities for review at regularly scheduled progress meetings.

1. Revise schedule immediately after each meeting or other activity where

revisions have been recognized or made.

Include a report with updated schedule that indicates every change, including, but not

limited to, changes in logic, duration, actual starts and finishes, and activity

duration.

D. Distribute copies of approved schedule to the Architect, Authority, separate contractors,

testing and inspecting agencies, and other parties identified by Contractor with a need-

to-know schedule responsibility.

1.02 DAILY REPORTS






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A. The Contractor's designated Supervisor for the project is responsible for complete and timely

documentation of the projects daily occurrences.

1. The WHA will supply the daily report template at Pre-Con Meeting.

2. Logs are to be filled out in their entirety

3. Body of the log for notes should include an account of events and happenings on the

site throughout the day.

4. Contractor is responsible to identify submission schedule of logs (Daily, Every-other,

Weekly, Monthly) with the WHA Project Manager.

5. Project Manager can request to review logs at any time.

6. Contractor is responsible for making copies to cover each day of the construction

project.

01330

Submittals

1.01 REQUIRED SUBMITTALS

A. Submittal log: The Contractor shall submit within fourteen (14) working days from the

Notice to Proceed a schedule of all submittals required under this contract, including,

but not limited to, product data, shop drawings, samples, and MSDS sheets. The

schedule shall include the Specification Section, trade, date submitted and re-submitted

(as applicable) to the Architect, date approved and/or not approved by the Architect.

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

construction and type of product or equipment. Mark each copy of each submittal to

show which products and options are applicable. Include the following information, as

applicable:

2. Date submitted.

3. Project Name and WHA Job Number.

4. Contractor/Subcontractor Name.

5. Specification Section.

6. Manufacturer's written recommendations.

7. Manufacturer's product specifications.

8. Manufacturer's installation instructions.

9. Standard color charts.

10. Manufacturer's catalog cuts.

11. Wiring diagrams showing factory-installed wiring.

12. Printed performance curves.

13. Operational range diagrams.

14. Mill reports.

15. Standard product operating and maintenance manuals.

16. Compliance with recognized trade association standards.

17. Compliance with recognized testing agency standards.

18. Application of testing agency labels and seals.

19. Notation of coordination requirements.

C. Shop Drawings: Prepare project-specific information, drawn accurately to scale. Do not

base shop drawings on reproductions of the contract documents or standard printed

data. Include the following information, as applicable:






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20. Date submitted.

21. Project Name and WHA Job Number.

22. Contractor/Subcontractor Name.

23. Specification Section.

24. Dimensions.

25. Identification of products.

26. Roughing-in and setting diagrams.

27. Wiring diagrams showing field-installed wiring, including power, signal, and

control wiring.

28. Templates and patterns.

29. Schedules.

30. Design calculations.

31. Compliance with specified standards.

32. Notation of coordination requirements.

33. Notation of dimensions established by field measurement.

34. Wiring Diagrams: Differentiate between manufacturer-installed and field-installed

wiring.

D. Samples: Prepare physical units of materials or products, including the following:

1. Submit manufacturer's color charts consisting of units or sections of units showing

the full range of colors, textures, and patterns available.

2. Submit full-size units or samples of size indicated, prepared from the same

material to be used for the work, cured and finished in manner specified

physically identical with the product proposed for use, and showing a full range of

color and texture variations expected. Samples include, but are not limited to,

partial sections of manufactured or fabricated components; small cuts or

containers of materials; complete units of repetitively used materials; swatches

showing color, texture, and pattern; color range sets; and components used for

independent testing and inspection.

3. Submit samples for review of kind, color, pattern, and texture for a final check of

these characteristics with other elements and for a comparison of these

characteristics between final submittal and actual component as delivered and

installed.

4. Submit one (1) full set of available choices where color, pattern, texture, or similar

characteristics are required to be selected from the manufacturer's product line.

The Architect will return submittal with options selected.

5. Maintain sets of approved samples at project site, available for quality-control

comparisons throughout the course of construction activity. Sample sets may be

used to determine final acceptance of construction associated with each set.

E. MSDS: 1 electronic Material Safety Data Sheets (MSDS) for each product regulated

under OSHA Hazard Communication Standard 1610.1200.

1.02 PROCESSING TIME

A. All shop drawings and samples shall be submitted to the Architect within fourteen (14)

days from the Notice to Proceed.






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B. The time for review shall commence on Architect's receipt of the submittals. Allow

enough time for submittal review, including time for re-submittals, as follows.

1. Allow fifteen (15) days for review of each submittal. Allow additional time if

processing must be delayed to permit coordination with subsequent

submittals. The Architect will advise Contractor when a submittal being

processed must be delayed for coordination.

2. Where concurrent review of submittals by Architect’s consultants, Authority,

or other parties is required, allow twenty-one (21) days for initial review of

each submittal.

3. If an intermediate submittal is necessary, process it in the same manner as

initial submittal.

4. No extension of the contract time will be authorized because of failure to

transmit submittals enough in advance of the work to permit processing.

1.03 PREPARATION BY THE GENERAL CONTRACTOR

A. Review each submittal from subcontractors and suppliers and verify accuracy of the

contents.

B. Only submittals received from and bearing the stamp of approval of the Contractor will

be considered for review by the Architect. Place a permanent label or title block on each

submittal for identification.

1. Indicate name of firm or entity that prepared each submittal on label or title block.

2. Provide a space approximately 4 by 5 inches (100 by 125 mm) on the label or

beside the title block to record Contractor's review and approval markings and

action taken by Architect.

3. Include the following information on label for processing and recording action

taken:

a. Project name.

b. Date.

c. Specification Section.

d. Name and address of Architect.

e. Name and address of Contractor.

f. Name and address of Subcontractor.

g. Name and address of supplier.

h. Name of manufacturer.

i. Unique identifier, including revision number.

j. Number and title of appropriate specification section.

k. Drawing number and detail references, as appropriate.

l. Other necessary identification.

C. Highlight, encircle, or otherwise identify deviations from the contract documents on

submittals.

D. Submit two (2) hard copies of the approved submittal to the Authority. Unless otherwise

required, submit electronic copies in Acrobat PDF format to the following: Architect,

Authority, Clerk, General Contractor, manufacturers, Subcontractors, suppliers,

fabricators, installers, authorities having jurisdiction, and others as necessary for

performance of construction activities.






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E. The Contractor shall maintain one full set of approved product data, shop drawings, and

samples on site. Use only final submittals with mark indicating action taken by Architect

in connection with construction.

F. Fabrication of any material or performance of any work prior to final approval of

required submittals will be entirely at the risk of the Contractor.

G. All costs for printing, preparing, packaging, submitting, re-submitting, mailing, and

delivery of submittals required by this contract shall be included in the contract price.

1.04 ARCHITECT’S ACTION

A. Architect will stamp each submittal with an action stamp. Stamp indicates one of three

actions to take, as follows:

1. REVIEWED: There are no notations. Items covered by the submittal are in

conformance with requirements of the contract documents and may be

incorporated in the work.

2. REVIEWED AS NOTED: Resubmission is not required. There are minor notations.

Items may be fabricated without corrections of original drawings. Review is

complete, and all notations are deemed obvious without ambiguity. Items covered

by the submittal are in conformance with requirements of the contract documents

and may be incorporated in the work. Make changes noted to the actual item

prior to fabrication and installation.

3. REVISE AND RESUBMIT: Resubmission is required. There are minor notations, but

no items should be fabricated without further corrections of original drawings. The

review is not complete. Details of items noted by checker must be clarified further

before full review can be completed. The submittal is incomplete and/or incorrect

and the submittal requires corrections.

4. REJECTED: The submittal is rejected as not in accord with the contract due to the

number of notations or other justifiable reason. When returning the submittal, the

Architect will state the reasons for rejection. Revise and resubmit. Do not

fabricate. The submittal does not conform to the requirements of the applicable

section or deviates from the requirements of the contract. A conforming submittal

must be submitted and the items covered by the incorporated work.

B. Fabrication or installation of work for which Architect's review is required should not

begin until the submittal is acceptable to the Architect. Fabrication or installation begun

without Architect's acceptance is undertaken at the Contractor's sole risk.

01340

Quality Control

1.01 CERTIFICATES AND CERTIFICATIONS

A. Provide a notarized statement that includes the signature of entity responsible for

preparing certification. Certificates and certifications shall be signed by an officer or

other individual authorized to sign documents on behalf of that entity.

1. Qualification Data: Prepare written information that demonstrates capabilities and

experience of firm or person. Include lists of completed projects with project

names and addresses, names and addresses of Architects and awarding

Authorities, and other information specified.






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Certificates: Prepare written statements on the manufacturer's letterhead certifying

that product, installer, manufacturer, or material complies with requirements.

1.02 TEST REPORTS

A. Prepare reports written by a qualified testing agency, on testing agency's standard form,

indicating and interpreting test results of material for compliance with requirements.

B. The Architect will review each submittal and will not return it, or will reject and return it

if it does not comply with requirements. Architect will forward each submittal to the

appropriate party.

01351

Cutting and Patching

1.01 CUTTING AND PATCHING

A. Definitions:

1. “Cutting” is defined as the removal of existing construction necessary to permit

installation or performance of other work.

2. “Patching” is defined as fitting and repair work required to restore surfaces to

original conditions after installation of other work.

B. Cut and patch materials as follows:

1. Cut and patch construction in a manner that results in no visual evidence of cutting

and patching.

2. Cut and patch construction exposed on the exterior or in occupied spaces in a

manner that would not, in Architect's opinion, reduce the building's aesthetic

qualities.

3. Do not cut and patch structural elements in a manner that could change their load-

carrying capacity or load-deflection ratio.

4. Do not void existing warranties using unsuitable methods and materials for cutting

and patching.

5. Use materials identical to existing materials tin visual characteristics and quality o

the fullest extent possible. If identical materials are unavailable or cannot be used,

use materials that, when installed, will match the visual and functional

performance of existing materials.

6. Patch areas exposed to view after removal of existing construction and intersecting

walls as indicated. Patch construction by filling, repairing, refinishing, closing up,

and similar operations. Patch with durable seams that are as invisible as possible.

7. Patch, repair, and refinish existing work intended for reuse with a suitable

transition to adjacent new items of construction. Cut and remove minimum

materials necessary and avoid damage to adjacent work intended for reuse. Cut

finish surfaces such as masonry, tile, plaster and metals by methods that terminate

surfaces in a straight line at natural points of division.

1.01 CUTTING, PATCHING, EXTENDING, AND MATCHING

A. The Contractor shall cut, move, and remove miscellaneous existing work as necessary to

provide access and to allow alterations and new work to proceed. Also include, but do

not limit, work to:






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1. Repair and removal of hazardous and unsanitary conditions and materials.

2. Removal of abandoned items and items not marked for salvage that serve no

useful purpose, such as abandoned piping, conduit, wiring; unsuitable and

extraneous materials, such as abandoned furnishings and equipment; and debris

such as rotted wood, rusted metals, and deteriorated concrete.

B. The Contractor shall employ skilled workers to perform cutting and patching.

C. Generally, the contract documents do not define products or standards of workmanship

present in existing construction. Determine products and workmanship by inspection

and testing. The Architect will judge workmanship and materials against existing as a

sample of comparison.

D. Examine surfaces to be cut and patched and conditions under which cutting and

patching is to be performed. Before patching, verify compatibility with and suitability of

substrates, including compatibility with existing finishes or primers. Proceed with

installation only after unsafe or unsatisfactory conditions have been corrected.

E. Proceed with cutting and patching at the earliest feasible time, and complete without

delay. Cut existing construction to provide for installation of other components or

performance of other construction and subsequently patch as required to restore

surfaces to their original condition.

F. Provide temporary support of work to be cut.

1.02 DAMAGED SURFACES

A. Patch and replace parts of existing finished surface which is found to be damaged, lifted,

discolored, or otherwise imperfect, with matching materials.

1. Provide adequate support of substrate before patching finish.

2. Refinish patched portions of painted and coated surfaces to produce uniform color

and texture over entire surface.

3. When existing surface finish cannot be matched, refinish entire surface to nearest

intersections.

4. Return surfaces damaged during construction to condition prior to damage or

better.

1.03 TRANSITION FROM EXISTING TO NEW WORK

A. When new work abuts or finishes flush with existing work, make a smooth transition.

Patched work shall match existing adjacent work in texture and appearance so that the

patch or transition is not visible from five (5) ft. away.

B. When finished surfaces are cut so that smooth transition with new work is not possible,

terminate existing surface in a neat manner along straight line at natural line of division.

Provide trim appropriate to finished surface.

01500

Temporary Facilities

1.01 TEMPORARY STRUCTURES AND MATERIAL HANDLING

A. No storage sheds, trailers, or temporary buildings will be permitted on-site without

written authorization from the WHA Project Manager.






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B. The Contractor must obtain the permission of the Authority for the use of any storage

facilities available on site, but the Authority assumes no responsibility for articles stored.

C. The Contractor shall be responsible for providing and maintaining all temporary facilities

until final completion. Removal of all temporary facilities shall be a condition precedent

to completion unless directed otherwise by the Architect or specifically noted in the

specifications. Removal prior to final completion must be with the concurrence of the

Architect. The Contractor bears full responsibility for re-providing any facility removed

prior to completion.

D. Materials shall be handled, stored, installed, cleaned, and protected in accordance with

the best practice in the industry and, except where otherwise specified in the contract

documents, in accordance with manufacturer's specifications and directions.

E. The Contractor must comply with all safety laws and regulations of the Commonwealth

of Massachusetts, the United States Government, and local government agencies

applicable to work under this contract. The Contractor's attention is directed to the

Commonwealth of Massachusetts, Department of Labor and Workforce Development

Regulations.

F. Cargo/Storage Containers/Pods are permitted with WHA approval. 360 degree fencing

required. Contractors responsibility to maintain area and grounds within and around.

1.02 CONTRACTOR'S FIELD OFFICE

A. The General Contractor will not provide an on-site field office.

1.03 CONTRACTOR/SUBCONTRACTOR JOB SIGNS

A. Job signs of the General Contractor or any Subcontractors will not be permitted at the

project site.

1.04 TOILET FACILITIES

A. Existing toilet facilities in the development may not be used by construction personnel.

The General Contractor shall be responsible for providing and maintaining temporary

toilet facilities, including providing required toilet paper and paper towels and providing

cleaning throughout the construction period.

1.05 TEMPORARY ELECTRICITY

A. The Contractor may make use of the electricity available at the site, metered and paid

for by the Authority, provided that the Contractor shall supply proper adapters and

extension cords.

1.06 DISPOSAL OF WASTE

A. Except for items or materials to be salvaged, recycled, or otherwise reused, remove

waste materials from project site and legally dispose of them.

1. Except as otherwise specified, do not allow waste materials that are to be

disposed of accumulate on-site.

2. Provide suitable containers for construction waste located where permitted by

Authority. Empty daily.






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3. Remove and transport debris in a manner that will prevent spillage on adjacent

surfaces and areas.

4. For solid waste disposal facilities located in the Commonwealth of

Massachusetts, dispose of materials only in facilities which currently comply

with applicable regulations, including requirements of MGL Title XVI - Public

Health, Chapter 111, Section 150A Solid Waste Disposal Facilities; Maintenance

and Operation; Applications for Site Assignment and Section 150A 1/2

Standards and Criteria for Siting of Facilities; Rules and Regulations.

5. Do not burn waste materials.

6. Transport waste materials off the property and legally dispose of waste

materials.

B. Existing dumpsters shall not be used to dispose of any construction related materials.

1.07 TEMPORARY STAGING, STAIRS, CHUTES AND LIFTS AS APPLICABLE

A. Except as otherwise specified, the General Contractor shall furnish, install, maintain in

safe condition, and remove all scaffolds, aerial lifts, staging, and planking over 8 ft. in

height, as required for the use of all trades for proper execution of the Work.

B. The General Contractor shall furnish, install, maintain in safe condition, and remove all

temporary ramps, stairs, ladders, and similar items as required for the use of all trades

for the proper execution of the Work.

C. Permanent stairs shall be erected as soon as possible, for which the General Contractor

shall provide temporary protective treads, risers, handrails, and shaft protection.

D. The General Contractor shall furnish, install, maintain, and remove covered chutes from

openings in the exterior walls of upper floors. Such shall be in convenient locations and

permit disposal of rubbish directly into trucks or disposal units.

E. Debris shall not be allowed to fall.

1.08 HOISTING FACILITIES

A. Except as otherwise specified, the General Contractor shall provide, operate, and

remove material hoists, cranes, and other hoisting as required for the performance of

the Work by all trades. All such hoisting service shall be without cost to the

Subcontractors, unless specified elsewhere.

01510

Protection

1.01 PROTECTION OF PROPERTY

A. The Contractor shall:

1. Protect buildings, materials, equipment, furniture, equipment, and other property

owned by the Authority at all times from water and/or any other damage of any

origin in the area of work. Provide required protection as required.

Protect all surfaces to receive work by other trades from any soiling or damage which

will prevent proper execution of subsequent work.

2. Protect private property of the occupants in the area of work.

B. Any areas damaged by the Contractor shall be restored to the original condition or

compensated at the Contractor's expense. The Contractor shall patch, repair and/or






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replace all adjacent materials and surfaces damaged after the installation of new work

at no expense to the Authority. All repair and replacement work shall match the existing

in kind and appearance.

C. After the installation of the work by any Subcontractor is completed, the Contractor

shall be responsible for its protection and for repairing, replacing, or cleaning any such

work which has been damaged by other trades or by any other cause, so that all work is

in first class condition at the time of final acceptance.

D. Any damage to buildings, roads, (public and private), bituminous concrete areas, fences,

lawn areas, trees, shrubbery, poles, underground utilities, etc. shall be made good by

and at the Contractor's own expense, all to the satisfaction of the Authority.

E. Protect existing finishes, equipment, and adjacent work scheduled to remain from

damage from weather and extremes of temperature.

1. Maintain existing interior work above 60o F.

Provide weather protection, waterproofing, heat, and humidity control as necessary to

prevent damage to remaining existing work and to new work.

1.02 ACCESS

A. The Contractor shall, at all times, leave an unobstructed way along walks and

roadways, and shall maintain barriers and lights for the protection of all persons and

property in all locations where materials are stored or work is in progress.

1.03 SAFETY AND SECURITY

A. The Contractor shall be responsible and shall take all necessary precautions to protect

the Contractor's, Residents’, and Authority's interests made necessary as a result of the

work.

B. The Contractor is solely responsible for safety on the job site. Supply all shoring and

protection necessary to protect the occupants, building area, building systems, and

landscape areas. All means and methods are the responsibility of the contractor.

C. Particular attention is called to the fact that the work will take place in a family occupied

development. No tools, equipment, or materials shall be left unattended at any time.

D. Depending on the nature of the contract, the WHA may require the General Contractor

to submit a Site Safety Plan for this contract. This plan shall identify the Contractor's

designated Site Safety Manager/Officer, including name and phone numbers where

he/she may be contacted.

E. Provide to the Authority the OSHA Ten cards for all workers on site.

1.04 NOISE AND DUST CONTROL

A. The Contractor shall take special measures to protect the residents, neighbors, and

general public from noise, dust, and other disturbances by:

1. Keeping common pedestrian and vehicular circulation areas clean and

unobstructed;

2. Insulating work areas from occupied portions to the extent feasible;

and

3. Sealing dust and fumes from contaminating occupied spaces.

B. Specific note shall be taken at the worksite when cutting of concrete slabs to provide






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adequate dust protection and dust collection resulting from saw cutting and from

concrete removal.

1.05 FIRE PROTECTION

A. The Contractor shall take necessary precautions to insure against fire during

construction. The Contractor shall be responsible to insure that the area within contract

limits is kept orderly and clean and that combustible rubbish and construction debris is

promptly removed from the site.

B. Installation of equipment suitable for fire protection shall be done as soon as possible

after commencement of the work. The Contractor's attention is directed to the

requirements of the Commonwealth of Massachusetts, Department of Labor and

Workforce Development Regulation 454 CMR

01570

Traffic Regulation

1.01 POLICE DETAILS

A. Provide qualified police detail when construction operations encroach on City of

Worcester traffic lanes.

B. Pay all costs and fees associated with said police details.

1.02 CONSTRUCTION PARKING CONTROL

A. Control vehicular parking to preclude interference with public traffic or parking, access by

emergency vehicles, Authority's operations, or construction operations.

B. Monitor parking of construction personnel's private vehicles:

1. Maintain free vehicular access to and through parking areas.

2. Prohibit parking on or adjacent to access roads, or in non-designated areas.

1.03 HAUL ROUTES

A. Consult with governing authorities, establish public thoroughfares which will be used as

haul routes and site access.

B. Confine construction traffic to designated haul routes.

C. Provide traffic control at critical areas of haul routes to expedite traffic flow and to

minimize interference with normal public traffic.

D. The Contractor shall not close or obstruct any portion of any street, public or private,

without obtaining permits therefore from the proper authorities. If any street or private

way shall be rendered unsafe by the Contractor's operations, the Contractor shall make

such repairs or provide such temporary ways or guards as shall be acceptable to the

governing authority.

E. The Contractor shall conduct the work at all times so that the abutters shall have access

to their property. When public or private property is isolated by the temporary closure

of a road, the Contractor shall be responsible for providing such safe means of access to a

public way.

01600

Product Requirements






Page 19 of 28

1.01 PRODUCT DELIVERY, STORAGE, AND HANDLING

A. Deliver, store, and handle products using means and methods that will prevent damage,

deterioration, and loss, including theft. Comply with manufacturer's written instructions.

1. Schedule delivery to minimize long-term storage at project site and to prevent

overcrowding of construction spaces.

Coordinate delivery with installation time to ensure minimum holding time for items

that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft,

and other losses.

Deliver products to project site in an undamaged condition in manufacturer's original

sealed container or other packaging system, complete with labels and instructions

for handling, storing, unpacking, protecting, and installing.

Store materials in a manner that will not endanger the project structure.

Store products that are subject to damage by the elements, under cover in a weather

tight enclosure above ground, with ventilation adequate to prevent condensation.

Comply with product manufacturer's written instructions for temperature,

humidity, ventilation, and weather-protection requirements for storage.

Protect stored products from damage.

1.02 PRODUCT WARRANTIES

A. Warranties specified in other sections shall be in addition to, and run concurrent with,

other warranties required by the contract documents. Manufacturer's disclaimers and

limitations on product warranties do not relieve the Contractor of obligations under

requirements of the contract documents.

1.03 PRODUCT OPTIONS

A. Provide products that comply with the contract documents, that are undamaged, and

unless otherwise indicated, that are new at time of installation.

1. Provide products complete with accessories, trim, finish, fasteners, and other

items needed for a complete installation and indicated use and effect.

2. If available, and unless custom products or nonstandard options are specified,

provide standard products of types that have been produced and used successfully

in similar situations on other projects, and as indicated in specific sections of this

project manual.

3. Authority reserves the right to limit selection to products with warranties not in

conflict with requirements of the contract documents.

4. Where products are accompanied by the term "as selected," Architect will make

selection.

5. Where products are accompanied by the term "match sample," sample to be

matched is Architect's sample.

6. Descriptive, performance, and reference standard requirements in the

Specifications establish "salient characteristics" of products.

1.04 SUBSTITUTIONS OF SPECIFIED PRODUCTS AND SYSTEMS

A. Where products are specified by name and accompanied by the term "or equal" or "or

approved equal" or "or approved," comply with provisions in this section.






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B. Substitutions of specified products and systems shall comply with requirements of Chapter

30, Section 39M of General Laws, and additional requirements and procedures specified

herein.

C. The contract documents are intended to produce a building of consistent character and

quality of design. All components of the building including visible items of mechanical and

electrical equipment have been selected to have a coordinated design in relation to the

overall appearance of the building. The Architect will judge the design, functionality, and

appearance of proposed substitutes on the basis of their suitability in relation to the overall

design of the project, as well as for their intrinsic merits. The Architect will not approve, as

equal to materials specified, proposed substitutes which, in the Architect’s opinion, would

be out of character, obtrusive, or otherwise inconsistent with the character or quality of

design of the work. With respect to interior or exterior finishes value or effect, the

Architect may not approve as equal any proposed substitute which, in the Architect’s sole

opinion, would not produce the same artistic or aesthetic value or effect. In order to permit

coordinated design of color and finishes the General Contractor shall, if required by the

Architect, furnish the substituted material in any color, finish, texture, or pattern which

would have been available from the manufacturer originally specified, at no additional cost

to the Authority.

D. Specific reference in the specification to any product, material, or process by name, make,

or catalog number shall be interpreted as establishing a standard of quality. An item will be

considered equal to the item so named or described if (1) it is at least equal in quality,

durability, appearance, strength and design; (2) it will performs at least equally the function

imposed by the general design for the work; and (3) it conforms substantially, even with

deviations to the detailed requirements for the item in the Specification. The Architect shall

be the sole judge of whether and proposed substitute product, material, process, or

method is equal to that specified according to this standard, and his decision shall be final

and binding on the General Contractor and any Subcontractor.

E. If the General Contractor proposes to use a material which, while suitable for the intended

use, deviates in any way from the detailed requirements of the contract documents, the

General Contractor shall inform the Architect in writing of the nature of such deviations at

the time the material is submitted for approval, and shall request written approval of the

deviation from the requirements of the contract documents.

F. In requesting approval of deviations of substitutions, the General Contractor shall provide,

upon request, evidence leading to a reasonable certainty that the proposed substitution or

deviation will provide a quality or result at least equal to that otherwise attainable. If in the

opinion of the Architect, the evidence presented by the General Contractor does not

provide a sufficient basis for such reasonable certainty, the Architect may reject such

substitution or deviation without further investigation.

G. Any additional cost, loss, or damage arising from the substitution of any material or any

method for those originally specified shall be borne by the General Contractor,

notwithstanding approval or acceptance of such substitution by Authority or the Architect,

unless such substitution was made at the written request or direction of Authority or the

Architect.

01700






Page 21 of 28

Execution of Work

1.01 EXISTING CONDITIONS

A. The existence and location of utilities, and other construction indicated as existing are not

guaranteed. Before beginning work, investigate and verify the existence and location of

mechanical and electrical systems and other construction affecting the Work. Before

construction, verify the location and points of connection of utility services.

B. Examine substrates, areas, and conditions for compliance with requirements for

installation tolerances and other conditions affecting performance. Record observations.

Verify compatibility with and suitability of substrates, including compatibility with existing

finishes or primers. Proceed with installation only after unsatisfactory conditions have been

corrected. Proceeding with the work indicates acceptance of surfaces and conditions.

C. Take field measurements as required to fit the work properly. Verify space requirements

and dimensions of items shown diagrammatically on the drawings. Recheck measurements

before installing each product. Where portions of the work are indicated to fit to other

construction, verify dimensions of other construction by field measurements before

fabrication. Before proceeding to lay out the work, verify layout information shown on

drawings. If discrepancies are discovered, notify Architect promptly. Coordinate

fabrication schedule with construction progress to avoid delaying the work.

D. Immediately on discovery of the need for clarification of the contract documents, submit

an RFI to the Architect. Include a detailed description of problem encountered, together

with recommendations for changing the contract documents.

E. If, during the progress of the work, the Contractor or the Awarding Authority discovers that

the actual subsurface or latent physical conditions encountered at the site differ

substantially or materially from those shown on the plans or indicated in the contract

documents, either the Contractor or the contracting Authority may request an equitable

adjustment in the contract price of the contract applying to work affected by the differing

site conditions. A request for such an adjustment shall be in writing and shall be delivered

by the party making such claim to the other party as soon as possible after such conditions

are discovered. Upon receipt of such a claim from a contractor, or upon its own initiative,

the contracting Authority shall make an investigation of such physical conditions, and, if

they differ substantially or materially from those shown on the plans or indicated in the

contract documents, or from those ordinarily encountered and generally recognized as

inherent in work of the character provided for in the plans and contract documents, and

are of such a nature as to cause an increase or decrease in the cost of performance of the

work or a change in the construction methods required for the performance of the work

which results in an increase or decrease in the cost of the work, the contracting Authority

shall make an equitable adjustment in the contract price and the contract shall be modified

in writing accordingly.

1.02 INSTALLATION

A. Locate the work and components of the work accurately, in correct alignment and

elevation, as indicated.

1. Make vertical work plumb and make horizontal work level.

2. Where space is limited, install components to maximize space available for

maintenance and ease of removal for replacement.






Page 22 of 28

B. Comply with manufacturer's written instructions and recommendations for installing

products in applications indicated.

C. Install products at the time and under conditions that will ensure the best possible results.

Maintain conditions required for product performance until final acceptance.

D. Conduct construction operations so no part of the work is subjected to damaging

operations or loading in excess of that expected during normal conditions of occupancy.

E. Do not use tools or equipment that produces harmful noise levels.

F. Make joints of uniform width. Where joint locations in exposed work are not indicated,

arrange joints for the best visual effect. Fit exposed connections together to form hairline

joints.

G. Use products and installation materials that are not considered hazardous.

1.03 PROGRESS CLEANING

A. Clean Project site and work areas daily, including common areas.

B. Coordinate progress cleaning where more than one installer has worked. Enforce

requirements strictly. Dispose of materials lawfully.

1. Comply with requirements in NFPA 241 for removal of combustible waste materials

and debris.

2. Remove materials daily.

3. Mark containers appropriately and dispose of legally, according to regulations.

C. Maintain project site free of waste materials and debris.

D. Clean areas where work is in progress to the level of cleanliness necessary for proper

execution of the work. Cleaning shall occur each day in all areas affected by the work.

1. Remove liquid spills promptly.

2. Where dust would impair proper execution of the work, broom-clean, vacuum, or

dust the entire work area, as appropriate.

3. Protect and cover individual work stations to prevent dust from covering desks,

shelves, and any items placed on desks.

E. Keep installed work clean. Clean installed surfaces according to written instructions of

manufacturer or fabricator of product installed, using only cleaning materials specifically

recommended. If specific cleaning materials are not recommended, use cleaning materials

that are not hazardous to health or property and that will not damage exposed surfaces.

F. Remove debris from concealed spaces.

G. Clean exposed surfaces and protect as necessary to ensure freedom from damage and

deterioration at time of final acceptance.

H. Completely remove paint, mortar, oils, putty, and similar materials. Thoroughly clean

piping, conduit, and similar features before applying paint or other finishing materials.

Restore damaged pipe covering to its original condition.

I. During handling and installation, clean and protect construction in progress and adjoining

materials already in place. Apply protective covering where required to ensure protection

from damage or deterioration.

J. Clean and provide maintenance on completed construction as frequently as necessary

through the remainder of the construction period. Adjust and lubricate operable

components to ensure operability without damaging effects.






Page 23 of 28

K. Any cleaning that the WHA Maintenance crews have to undertake due to the negligence of

the contractor, will be billed to the contractor as a credit in a Change Order.

1.04 CORRECTION OF THE WORK

A. Repair or remove and replace defective construction. Restore damaged substrates and

finishes. Remove and replace chipped, scratched, and broken glass or reflective surfaces.

Repairing includes replacing defective parts, refinishing damaged surfaces, touching up

with matching materials, and properly adjusting operating equipment.

B. Restore permanent facilities used during construction to their specified condition.

C. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be

repaired without visible evidence of repair.

D. Repair components that do not operate properly. Remove and replace operating

components that cannot be repaired.

01720

Record Drawings

1.01 RECORD DRAWINGS (AS-BUILTS)

A. Record drawings shall consist of all the contract drawings.

B. From the sets of drawings furnished by the Authority, the Contractor shall reserve one set

for record purpose.

C. The Contractor shall keep a marked up as-built set on the site at all times and note on it in

colored ink or pencil, neatly and accurately, at the end of each working day, the exact

location of their work as actually installed. This shall include the location and dimensions

of underground and concealed work, and any architectural, mechanical, or electrical

variations from the contract drawings. All changes, including those issued by addendum,

change order, or instructions by the Architect shall be recorded. Marked up as-built

drawings shall be prepared for the entire project and include all work.

D. The Architect may periodically inspect the marked up as-built drawings at the site. The

proper and current maintenance of the information required on these drawings shall be a

condition precedent to approval of the monthly applications for payment.

E. At final completion, the Contractor shall submit the complete set of marked up as-built

drawings to the Architect. The Contractor shall check all marked up as-builts prepared by

Subcontractors and certify in writing on the title sheet of the drawings that they are

complete and correct prior to submission to the Architect.

F. The Contractor shall provide one electronic copy of the as-built drawings in .pdf format on

a USB labeled with the job name and number. One USB can be used for all required

submitted documents at Final Acceptance (including, but not limited to, warranties,

guarantees, and maintenance manuals.)

G. The Contractor shall review the marked up as-built drawings and verify by letter to the

Authority that the work is complete. The Architect shall incorporate all changes onto to

original drawings.

H. Submission of accurate marked up as-built drawings and their approval by the Architect

shall be a condition precedent to final payment.

01770






Page 24 of 28

Closeout Procedures

1.01 SUBSTANTIAL COMPLETION

A. Before requesting inspection for determining date of Substantial Completion, complete

the following. List items below that are incomplete in request.

1. On the Application for Payment, show 100% completion for portions of work

claimed as substantially complete. Submit punch list of incomplete items and the

value of incomplete work.

2. Submit occupancy permits and all other permits and certifications required by the

City of Worcester.

3. Prepare a list of items to be completed and corrected (punch list) and the value of

items on the list.

4. Advise the Authority of pending insurance changeover requirements.

5. Submit specific warranties, workmanship, bonds, maintenance service agreements,

maintenance manuals and instructions, final certifications, and similar documents.

6. Obtain and submit releases permitting Authority unrestricted use of the Work and

access to services and utilities. Include occupancy permits, operating certificates,

and similar releases.

7. Prepare and submit project record documents, operation and maintenance

manuals, damage or settlement surveys, property surveys, and similar final record

information.

8. Deliver extra materials, and similar items to location designated by Authority. Label

with manufacturer's name and model number where applicable. Complete final

cleaning requirements, including touch-up painting.

9. Make final changeover of permanent locks and deliver keys to the Authority.

Advise Authority 's personnel of changeover in security

10. Complete startup testing of systems.

11. Submit test/adjust/balance records.

12. Terminate and remove temporary facilities from Project site, along with mockups,

construction tools, and similar elements.

13. Advise Authority of changeover in heat and other utilities.

14. Submit changeover information related to Authority's occupancy, use, operation,

and maintenance.

15. Complete final cleaning requirements, including touch-up painting.

16. Touch up and otherwise repair and restore marred exposed finishes to eliminate

visual defects.

17. Provide consent of surety.

18. Provide notification of shifting insurance coverages.

19. Deliver as-built drawings to the Authority on USB one (1) set of the plans as

Acrobat .pdf files, one (1) set of plans in .dwg format, and one (1) set of hard line

drawing sets to scale. See note 01720; 1.01 RECORD DRAWINGS (AS-BUILTS);

paragraph F.

B. Inspection: Submit a written request for inspection for Substantial Completion. On receipt

of request, Architect will either proceed with inspection or notify Contractor of unfulfilled

requirements. Architect will prepare the Certificate of Substantial Completion after

inspection or will notify Contractor of items, either on Contractor's list or additional items






Page 25 of 28

identified by Architect, that must be completed or corrected before certificate will be

issued.

1. Re-inspection: Request re-inspection when the Work identified in previous

inspections as incomplete is completed or corrected.

2. Results of completed inspection will form the basis of requirements for Final

Completion.

1.02 FINAL COMPLETION

A. Preliminary Procedures: Before requesting final inspection for determining date of Final

Completion, complete the following:

1. Complete incomplete work.

2. Provide assurances that unsettled claims will be settled.

3. Provide lien releases per the contract.

4. Submit the consent of surety.

5. Submit evidence of final, continuing insurance coverage complying with insurance

requirements.

6. Transmit final project records documents to the Authority.

7. Remove all temporary facilities and services.

8. Certify that all taxes, fees, and similar obligations have been paid.

9. Certify that the equipment and systems have been tested in presence of the

Authority’s representative and re operational.

10. Certify that the work has been inspected for compliance and completed in

accordance with the Contract Documents and ready for Final Inspection.

11. Submit a final Application for Payment according to Sect 01290, PAYMENT

PROCEDURES.

12. Submit certified copy of Architect's Substantial Completion inspection list of items

to be completed or corrected (punch list), endorsed and dated by Architect. The

certified copy of the list shall state that each item has been completed or

otherwise resolved for acceptance.

13. Instruct Authority's personnel in operation, adjustment, and maintenance of

products, equipment, and systems.

B. Inspection: Submit a written request for final inspection for acceptance. On receipt of

request, Architect will either proceed with inspection or notify Contractor of unfulfilled

requirements. Architect will prepare a final Certificate for Payment after inspection or will

notify Contractor of construction that must be completed or corrected before certificate will

be issued.

1. Re-inspection: Request re-inspection when the Work identified in previous inspections

as incomplete is completed or corrected.

1.03 LIST OF INCOMPLETE ITEMS (PUNCH LIST)

A Prepare a list of outstanding work items to be completed. Include name and identification

of each space and area affected by construction operations for incomplete items and items

needing correction including, if necessary, areas disturbed by Contractor that are outside

the limits of construction. Organize items applying to each space by major element,

including categories for ceiling, individual walls, floors, equipment, and building systems.






Page 26 of 28

1.04 MAINTENANCE MANUALS AND WARRANTIES

A. Assemble one (1) sets and one .pdf copy on a USB of maintenance data indicating the

maintenance and warranty of each system and product. (See note 01720; 1.01 RECORD

DRAWINGS (AS-BUILTS); paragraph F.) Include maintenance data required in individual

specification sections with the following maintenance data:

2. Manufacturer's information.

Name, address, and telephone number of Installer or supplier.

Maintenance procedures.

B. Organize maintenance manuals into suitable sets of manageable size. Bind and index data in

heavy-duty, 3-ring, vinyl-covered, loose-leaf binders, in thickness necessary to

accommodate contents, with pocket inside the covers to receive folded oversized sheets.

Identify each binder on front and spine with the printed title "MAINTENANCE MANUAL,"

project name, and subject matter of contents.

1. Organize warranty documents into an orderly sequence based on the table of

contents of the project manual.

2. Bind warranties and bonds in heavy-duty, 3-ring, vinyl-covered, loose-leaf binders,

thickness as necessary to accommodate contents, and sized to receive 8-1/2-inch

by-11-inch (115-mm by-280-mm) paper.

3. Provide heavy paper dividers with plastic-covered tabs for each separate warranty.

Mark tab to identify the product or installation. Provide a typed description of the

product or installation, including the name of the product and the name, address,

and telephone number of installer.

4. Prepare written and graphic information, including, but not limited to, performance and design criteria, list of applicable codes and regulations, and calculations. Include list of assumptions and other performance and design criteria and a summary of loads. Include load diagrams if applicable. Provide name and version of software, if any, used for calculations. Include page numbers.

5. Prepare written or published information that documents manufacturer's

recommendations, guidelines, and procedures for installing or operating a product or

equipment. Include name of product and name, address, and telephone number of

manufacturer. Include the following, as applicable:

a) Preparation of substrates.

b) Required substrate tolerances.

c) Sequence of installation or erection.

d) Required installation tolerances.

e) Required adjustments.

f) Recommendations for cleaning and protection

6. Submit written warranties as required by the contract documents for designated

portions of the work where commencement of warranties other than date of final

acceptance is indicated.

7. Submit properly executed warranties within fifteen (15) days of completion of

designated portions of the work that are completed and occupied or used by

Authority during construction period by separate agreement with Contractor.






Page 27 of 28

1.05 DEMONSTRATION AND TRAINING

A. Instruct the Authority's personnel in the maintenance of finishes. Provide instructors

experienced in maintenance procedures. Provide instruction at mutually agreed-on times.

1.06 FINAL CLEANING

A. Provide final cleaning. Conduct cleaning and waste-removal operations to comply with

local laws and ordinances and Federal and local environmental and anti-pollution

regulations.

B. Use cleaning materials and agents recommended by manufacturer or fabricator of the

surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health

or property or that might damage finished surfaces.

C. Employ experienced workers or professional cleaners for final cleaning.

D. Clean each surface or unit to condition expected in an average commercial building

cleaning and maintenance program. Comply with manufacturer's written instructions.

Complete the following cleaning operations before requesting inspection for final

acceptance for entire project or for a portion of project:

1. Clean project site, yard, and grounds, in areas disturbed by construction activities,

including landscape development areas, of rubbish, waste material, litter, and

other foreign substances.

2. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other

foreign deposits.

3. Remove tools, construction equipment, machinery, and surplus material from

project site.

4. Sweep concrete floors broom clean in unoccupied spaces.

5. Vacuum carpet and similar soft surfaces, removing debris and excess nap;

shampoo if visible soil or stains remain.

6. Touch up and otherwise repair and restore marred, exposed finishes and surfaces.

Replace finishes and surfaces that cannot be satisfactorily repaired or restored or

that already show evidence of repair or restoration.

7. Do not paint over "UL" and similar labels, including mechanical and electrical

nameplates.

E. Leave project clean and ready for occupancy

F. Comply with safety standards for cleaning. Do not burn waste materials. Do not bury debris

or excess materials on Authority's property. Do not discharge volatile, harmful, or

dangerous materials into plumbing/drainage systems. Remove waste materials from

Project site and dispose of lawfully.

1.07 FINAL PUNCH LIST INSPECTION

A. Submit a written request for inspection for final completion. On receipt of request, the

Authority will either proceed with inspection or notify Contractor of unfulfilled

requirements. The Authority will prepare the Certificate of Final Completion after

inspection or will notify Contractor of items, either on Contractor's list or additional items

identified by the Authority, that must be completed or corrected before certificate will be

issued.

1. Request re-inspection when the work identified in previous inspections as incomplete






Page 28 of 28

is completed or corrected.

2. Results of completed inspection will form the basis of requirements for final

completion.

1.09 CLOSE-OUT DOCUMENTATION

A. Final Payment Application: Submit final Application for Payment with releases and

supporting documentation not previously submitted and accepted, including, but not

limited, to the following:

1. Evidence of completion of project closeout requirements.

Insurance certificates for products and completed operations where required and proof

that taxes, fees, and similar obligations were paid.

B. Certificate of Completion Consolidated: The Contractor shall certify that all work and

materials have been carefully inspected by duly authorized representative or agents of the

Worcester Housing Authority, and that the Contractor, has furnished all labor, materials,

and services required for the work. The Authority shall prepare the Certificate of

Completion Consolidated and the Contractor shall submit five (5) signed originals to the

Authority.

C. Form of Contractor’s Certificate and Release: The Contractor shall certify that there is due

and payable under the contract and duly approved Change Orders and Modifications the

undisputed balance. The Authority shall prepare the Certificate of Completion

Consolidated. The Contractor shall submit five (5) signed and notarized originals along with

their final Application of Payment to the Authority.

END OF DIVISION ONE





MEMBRANE AIR BARRIERS – ADDENDA 1

072713 - 1

SECTION 07 27 13

MEMBRANE AIR BARRIERS

(Part of Work of Section 070001 - DAMPPROOFING AND CAULKING,

Filed Sub-Bid Required)

PART 1 - GENERAL

1.1 GENERAL PROVISIONS

A. Attention is directed to the CONTRACT AND GENERAL CONDITIONS and all Sections within

DIVISION 01 - GENERAL REQUIREMENTS, which are hereby made a part of this Section of the

Specifications.

1.2 DESCRIPTION OF WORK

A. Work Included: Provide labor, materials and equipment necessary to complete the work of

this Section, including but not limited to the following:

1. Fluid-applied, vapor-permeable membrane air barrier.

B. Alternates: Not Applicable.

C. Items To Be Installed Only: Not Applicable.

D. Items To Be Furnished Only: Not Applicable.

E. Related Work: The following items are not included in this Section and will be performed

under the designated Sections:

1. Section 04 72 00 – MAINTENANCE OF MASONRY

Section 06 10 00 – ROUGH CARPENTRY for sheathing substrate and framing

1.3 DEFINITIONS

A. Air Barrier Assembly: The collection of air barrier materials and auxiliary materials applied to

an opaque wall or soffit, including joints and junctions to abutting construction, to control air

movement through the wall.

1.4 PERFORMANCE REQUIREMENTS

A. General: Air barrier shall be capable of performing as a continuous air barrier and as a liquid-

water drainage plane flashed to discharge to the exterior incidental condensation or water

penetration. Air barrier assemblies shall be capable of accommodating substrate movement

and of sealing substrate expansion and control joints, construction material changes,

penetrations, and transitions at perimeter conditions without deterioration and air leakage

exceeding specified limits.

B. Air Barrier Assembly Air Leakage: Not to exceed 0.03 cfm/sq. ft. of surface area at 1.57 lbf/sq.

ft., ASTM E 2357.

C. Fire Test Performance: Passes NFPA 285, Standard Fire Test Method for Evaluation of Fire

Propagation Characteristics of Exterior Non-Load-Bearing Wall Assemblies Containing

Combustible Components.

1.5 SUBMITTALS

A. Product Data: Include manufacturer's written instructions for evaluating, preparing, and

treating substrate; technical data; and tested physical and performance properties of air

barrier.






072713 - 2

B. Shop Drawings: Show locations and extent of air barrier. Include details for substrate joints

and cracks, counterflashing strip, penetrations, inside and outside corners, terminations, and

tie-ins with adjoining construction.

1. Include details of interfaces with other materials that form part of air barrier.

2. Include details of mockups.

C. Product Certificates: For air barriers, certifying compatibility of air barrier and accessory

materials with Project materials that connect to or that come in contact with air barrier; signed

by product manufacturer.

D. Qualification Data: For Applicator.

E. Product Test Reports: Based on evaluation of comprehensive tests performed by a qualified

testing agency, for air barriers.

F. Air Barrier Certification: Submit manufacturer’s certification that air barrier, as designed in the

assemblies indicated on the Drawings, has been tested to meet the requirements of NFPA 285

and passed for Project exterior wall assemblies.

1.6 QUALITY ASSURANCE

A. Applicator Qualifications: A firm experienced in applying air barrier materials similar in

material, design, and extent to those indicated for this Project, whose work has resulted in

applications with a record of successful in-service performance.

B. Preinstallation Conference: Conduct conference at Project site.

1. Include installers of other construction connecting to air barrier, such as roofing,

waterproofing, architectural precast concrete, masonry, joint sealants, windows, glazed

curtain walls, and door frames.

2. Review air barrier requirements including surface preparation, substrate condition and

pretreatment, minimum substrate curing period, forecasted weather conditions, special

details and sheet flashings, mockups, installation procedures, sequence of installation,

testing and inspecting procedures, and protection and repairs.

1.7 DELIVERY, STORAGE, AND HANDLING

A. Store liquid materials in their original undamaged packages in a clean, dry, protected location

and within temperature range required by air barrier manufacturer.

B. Remove and replace liquid materials that cannot be applied within their stated shelf life. Store

rolls according to manufacturer's written instructions. Protect stored materials from direct

sunlight.

1.8 PROJECT CONDITIONS

A. Environmental Limitations: Apply air barrier within the range of ambient and substrate

temperatures recommended by air barrier manufacturer. Protect substrates from

environmental conditions that affect performance of air barrier. Do not apply air barrier to a

damp or wet substrate or during snow, rain, fog, or mist.

PART 2 - PRODUCTS

2.1 FLUID-APPLIED MEMBRANE AIR BARRIERS, NFPA 285-COMPLIANT

A. Fluid-Applied, Vapor-Permeable Membrane Air Barrier: Elastomeric, modified bituminous, or

synthetic polymer membrane.






072713 - 3

1. Manufacturers: Subject to compliance with requirements, provide products by one of

the following:

a. Carlisle Coatings & Waterproofing; Barritech VP.

b. GCP Applied Technologies (formerly W.R. Grace); Perm-A-Barrier VPL.

c. Henry Co.; Air Bloc 17MR.

d. Tremco; ExoAir 230.

e. W.R. Meadows; Air-Shield LMP.

f. Or equal.

2. Physical and Performance Properties:

a. Membrane Air Permeance: Not to exceed 0.004 cfm/ sq. ft. of surface area at

1.57-lbf/sq. ft. pressure difference; ASTM E 2178.

b. Membrane Vapor Permeance: Not less than 10 perms; ASTM E 96.

c. Fire Test Performance: Passes NFPA 285, Standard Fire Test Method for

Evaluation of Fire Propagation Characteristics of Exterior Non-Load-Bearing Wall

Assemblies Containing Combustible Components.

2.2 AUXILIARY MATERIALS

A. General: Auxiliary materials recommended by air barrier manufacturer for intended use and

compatible with air barrier. Liquid-type auxiliary materials shall comply with VOC limits of

authorities having jurisdiction.

B. Primer: Liquid waterborne or solvent-borne primer recommended for substrate by

manufacturer of air barrier material.

C. Counterflashing Strip: Modified bituminous 40-mil-thick, self-adhering sheet consisting of 32

mils of rubberized asphalt laminated to an 8-mil-thick, crosslaminated polyethylene film with

release liner backing.

D. Butyl Strip at Termination with EPDM or TPO Roofing Membrane: Vapor-retarding, 30- to 40-

mil-thick, self adhering; polyethylene-film-reinforced top surface laminated to layer of butyl

adhesive, with release liner backing.

E. Modified Bituminous Strip To Cover Cracks and Joints and Terminate Air Barrier to Compatible

Roofing Membrane: Vapor-retarding, 40-mil-thick, smooth-surfaced, self-adhering; consisting

of 36 mils of rubberized asphalt laminated to a 4-mil- polyethylene film with release liner

backing.

F. Termination Mastic: Cold fluid-applied elastomeric liquid; trowel grade.

G. Substrate Patching Membrane: Manufacturer's standard trowel-grade substrate filler.

H. Adhesive and Tape: Air barrier manufacturer's standard adhesive and pressure-sensitive

adhesive tape.

I. Stainless-Steel Sheet: ASTM A 240/A 240M, Type 304, 0.0187 inch thick, and Series 300

stainless-steel fasteners.

J. Sprayed Polyurethane Foam Sealant to Fill Gaps at Penetrations and Openings: 1- or 2-

component, foamed-in-place, polyurethane foam sealant, 1.5 to 2.0 lb/cu. ft. density; flame

spread index of 25 or less according to ASTM E 162; with primer and noncorrosive substrate

cleaner recommended by foam sealant manufacturer.

K. Joint Sealant: ASTM C 920, single-component, neutral-curing silicone; Class 100/50 (low-

modulus), Grade NS, Use NT related to exposure, and, as applicable to joint substrates

indicated, Use O. Comply with Section 079200 - JOINT SEALANTS.






072713 - 4

PART 3 - EXECUTION

3.1 EXAMINATION

A. Examine substrates, areas, and conditions, with Installer present, for compliance with

requirements and other conditions affecting performance.

1. Verify that substrates are sound and free of oil, grease, dirt, excess mortar, or other

contaminants.

2. Verify that concrete has cured and aged for minimum time period recommended by air

barrier manufacturer.

3. Verify that concrete is visibly dry and free of moisture. Test for capillary moisture by

plastic sheet method according to ASTM D 4263.

4. Verify that masonry joints are flush and completely filled with mortar.

5. Proceed with installation only after unsatisfactory conditions have been corrected.

3.2 SURFACE PREPARATION

A. Clean, prepare, and treat substrate according to manufacturer's written instructions. Provide

clean, dust-free, and dry substrate for air barrier application.

B. Mask off adjoining surfaces not covered by air barrier to prevent spillage and overspray of

primer affecting other construction.

C. Remove grease, oil, bitumen, form-release agents, paints, curing compounds, and other

penetrating contaminants or film-forming coatings from concrete.

D. Remove fins, ridges, mortar, and other projections and fill honeycomb, aggregate pockets,

holes, and other voids in concrete with substrate-patching membrane.

E. Remove excess mortar from masonry ties, shelf angles, and other obstructions.

F. Prepare, fill, prime, and treat joints and cracks in substrates. Remove dust and dirt from joints

and cracks according to ASTM D 4258.

1. Install modified bituminous strips and center over treated construction and contraction

joints and cracks exceeding a width of 1/16 inch.

G. Bridge and cover isolation joints expansion joints and discontinuous deck-to-wall and deck-to-

deck joints with overlapping modified bituminous strips.

H. At changes in substrate plane, apply sealant or termination mastic beads at sharp corners and

edges to form a smooth transition from one plane to another.

I. Cover gaps in substrate plane and form a smooth transition from one substrate plane to

another with stainless-steel sheet mechanically fastened to structural framing to provide

continuous support for air barrier.

3.3 JOINT TREATMENT IN PREPARATION FOR INSTALLATION OF FLUID-APPLIED MEMBRANE

A. Concrete and Masonry: Prepare, treat, rout, and fill joints and cracks in substrate according to

ASTM C 1193 and air barrier manufacturer's written instructions. Remove dust and dirt from

joints and cracks complying with ASTM D 4258 before coating surfaces.

1. Prime substrate and apply a single thickness of preparation coat strip extending a

minimum of 3 inches along each side of joints and cracks. Apply a double thickness of

air barrier membrane and embed a joint reinforcing strip in preparation coat.

B. Sheathing: Fill joints greater than 1/4 inch with sealant according to ASTM C 1193 and with air

barrier manufacturer's written instructions. Apply first layer of fluid air barrier membrane at






072713 - 5

joints. Tape joints with joint reinforcing strip after first layer is dry. Apply a second layer of

fluid air barrier membrane over joint reinforcing strip.

3.4 TRANSITION STRIP INSTALLATION

A. Install strips, transition strips, and auxiliary materials according to air barrier manufacturer's

written instructions to form a seal with adjacent construction and maintain a continuous air

barrier.

1. Coordinate the installation of air barrier with installation of base flashing to ensure

continuity of air barrier with roofing membrane.

2. Install butyl or modified bituminous strip on roofing membrane or base flashing so that

a minimum of 3 inches of coverage is achieved over both substrates.

B. Apply primer to substrates at required rate and allow to dry. Limit priming to areas that will

be covered by air barrier sheet in same day. Reprime areas exposed for more than 24 hours.

1. Prime sheathing with number of prime coats needed to achieve required bond, with

adequate drying time between coats.

C. Connect and seal exterior wall air barrier membrane continuously to roofing membrane air

barrier, concrete below-grade structures, floor-to floor construction, exterior glazing and

window systems, glazed curtain-wall systems, storefront systems, exterior louvers, exterior

door framing, and other construction used in exterior wall openings, using accessory materials.

D. At end of each working day, seal top edge of strips and transition strips to substrate with

termination mastic.

E. Apply joint sealants forming part of air barrier assembly within manufacturer's recommended

application temperature ranges. Consult manufacturer when sealant cannot be applied within

these temperature ranges.

F. Seal strips and transition strips around masonry reinforcing or ties and penetrations with

termination mastic.

G. Seal top of through-wall flashings to air barrier with an additional 6-inch-wide, modified

bituminous strip.

H. Seal exposed edges of strips at seams, cuts, penetrations, and terminations not concealed by

metal counterflashings or ending in reglets with termination mastic.

I. Repair punctures, voids, and deficient lapped seams in strips and transition strips. Slit and

flatten fishmouths and blisters. Patch with transition strips extending 6 inches beyond

repaired areas in strip direction.

3.5 INSTALLATION OF FLUID-APPLIED MEMBRANE AIR BARRIER

A. Apply air barrier membrane to form a seal with strips and transition strips and to achieve a

continuous air barrier according to air barrier manufacturer's written instructions.

B. Apply air barrier membrane within manufacturer's recommended application temperature

ranges.

C. Apply primer to substrates at required rate and allow to dry. Limit priming to areas that will

be covered by air barrier membrane in same day. Reprime areas exposed for more than 24

hours.

1. Prime sheathing with number of prime coats needed to achieve required bond, with

adequate drying time between coats.






072713 - 6

D. Apply a continuous unbroken air barrier to substrates according to the following minimum

thickness. Apply membrane in full contact around protrusions such as masonry ties.

1. Vapor-Retarding Membrane Air Barrier: 60-mil dry film thickness.

2. Vapor-Permeable Membrane Air Barrier: 120-mil wet film thickness.

E. Apply strip and transition strip a minimum of 1 inch onto cured air membrane or strip and

transition strip over cured air membrane overlapping 3 inches onto each surface according to

air barrier manufacturer's written instructions.

F. Do not cover air barrier until it has been tested and inspected by DCAMM’s testing agency.

G. Correct deficiencies in or remove air barrier that does not comply with requirements; repair

substrates and reapply air barrier components.

3.6 FIELD QUALITY CONTROL

A. Independent Testing Agency: Cooperate with the Independent Testing Agency engaged by

DCAMM for field quality control activities for the Work of this Section.

B. Cooperate with field quality control personnel. Allow inspectors access to scaffolding and

work areas, as needed to perform inspections.

C. Additional inspections and retesting of materials which fail to comply with specified material

and installation requirements shall be performed at Contractor's expense.

D. Inspections: Air barrier materials and installation are subject to inspection for compliance with

requirements. Inspections may include the following:

1. Continuity of air barrier system has been achieved throughout the building envelope

with no gaps or holes.

2. Continuous structural support of air barrier system has been provided.

3. Masonry and concrete surfaces are smooth, clean, and free of cavities, protrusions, and

mortar droppings.

4. Site conditions for application temperature and dryness of substrates have been

maintained.

5. Maximum exposure time of materials to UV deterioration has not been exceeded.

6. Surfaces have been primed.

7. Laps in sheet materials have complied with the minimum requirements and have been

shingled in the correct direction (or mastic applied on exposed edges), with no fish

mouths.

8. Termination mastic has been applied on cut edges.

9. Air barrier has been firmly adhered to substrate.

10. Compatible materials have been used.

11. Transitions at changes in direction and structural support at gaps have been provided.

12. Connections between assemblies (membrane and sealants) have complied with

requirements for cleanliness, preparation, and priming of surfaces, structural support,

integrity, and continuity of seal.

13. All penetrations have been sealed.

E. Tests:

1. Qualitative Testing: Air barrier assemblies will be tested for evidence of air leakage

according to ASTM E 1186.






072713 - 7

2. Quantitative Air Leakage Testing: Testing not to exceed the test pressure differential,

positive and negative, indicated in "Performance Requirements" Article for air barrier

assembly air leakage according to ASTM E 283.

F. Remove and replace deficient air barrier components and retest as specified above.

3.7 CLEANING AND PROTECTION

A. Protect air barrier system from damage during application and remainder of construction

period, according to manufacturer's written instructions.

1. Protect air barrier from exposure to UV light and harmful weather exposure as required

by manufacturer. Remove and replace air barrier exposed to these conditions for more

than 30 days unless manufacturer allows more exposure time.

2. Protect air barrier from contact with creosote, uncured coal-tar products, TPO, EPDM,

flexible PVC membranes, and sealants not approved by air barrier manufacturer.

B. Clean spills, stains, and soiling from adjacent construction that would be exposed in the

completed work using cleaning agents and procedures recommended by manufacturer of

affected construction.

END OF SECTION






072713 - 8

THIS PAGE IS INTENTIONALLY LEFT BLANK

A-2

03

2

A-2

03

1

A-2

02

2

A-2

02

4

A-2

01

1

A-2

01

2

A-2

04

4

A-2

04

2

A-2

01 6

A-2

02 5

A-2

01

5 A-2

03

5

A-2

03

6

A-2

02 6

A-2

04

5

A-2

04

6

A-2056

A-2059

A-2055

A-2058

EXTEND OF DAMPROOFING & COVERBOARD AT GYM FOUNDATION WALL.

REFER TO DETAIL 8/A303 FOR DEPTH OF MATERIAL INSTALL.

INSTALL CORNER GUARDS AT

CHIMNEY, TYP

BUILDING 201-17 FREEDEOM WAY

BUILDING 21239-245 CONSTITUTION AVE

BUILDING 2219-33 FREEDOM WAY

GYMBUILDING 26

[YOUTH CENTER]33-45 FREEDOM WAY

1

1

1

1

1

LEGEND:

BUILDING ENTRY

ARCHITECT

CONSULTANT

STAMP

KEY PLAN

PROJECT NUMBER:

DRAWN BY:

CHECKED BY:

SHEET TITLE

5/2

9/2

020

9:5

8:3

2 A

M

A-101

SITE PLAN

MODERNIZATIONAT GREAT BROOKVALLEY GARDENS

219010.1

69 TACOMA STREET,WORCESTER, MA 01605

WORCESTER HOUSINGAUTHORITY

DC

AT

MARK DATE DESCRIPTION

05-01-2020 BID PACKAGE

1 05-29-2020 ADDENDA 1

LOCUS MAP1/16" = 1'-0"

1SITE PLAN

1

3

5, TYP

REMOVE EXISTING VENT, KEEP SAFE DURING CONSTRUCTION, AND REINSTALL IN EXISTING LOCATION

3

5, TYP

1, TYP

1, TYP

2

ETR LIGHT FIXTURE

REMOVE EXISTING FIRE ALARM EQUIPMENT, KEEP SAFE DURING CONSTRUCTION, AND REINSTALL IN EXISTING LOCATION

ETR LIGHT FIXTURE

G-1SF02

5A-303

6

EXISTING MURALTO REMAIN

7

EXISTING MURAL TO REMAIN

14

7

1

1

1

1

2

EXISTING MURALTO REMAIN

1

1

EXISTING ROOF TO REMAIN

EXISTING MECHANICALS TO

REMAINBRICK [EXISTING - REFER TO SCOPE]

CLAPBOARD SIDING [NEW]

CONCRETE [EXISTING - NO WORK]

EXTERIOR MATERIAL LEGEND:

AREAS OF BRICK REPOINTING

NEW WALK-OFF MAT, EXISTING IS TO BE REMOVED

EXISTING STOREFRONT

TO REMAIN

NEW STOREFRONT

8' - 6" V.I.F.

7' -

1"

V.I

.F.

6

A-302

1

A-302

UP

UTILITY RM

EXISTING CRAWL SPACE ACCESS HATCH

A-205

7

N.I.C.

UP

AREA OF DAMPPROOFING AT EXTERIOR - REFER TO CIVIL

AREA OF SUB GRADE CONNECTION TO PLUMBING & ELECTRICAL - REFER TO CIVIL

GENERAL NOTES:

A. REPLACE ANY MISSING ALUMNIUM SILL WRAPS.B. REPLACE ALL EXPOSED GABLE ENDS WITH NEW LAP

SIDING U.N.O.C. REMOVE ALL LIGHT FIXTURES AT GABLE ENDS, KEEP

SAFE DURING CONSTRUCTION, AND REINSTALL IN EXISTING LOCATIONS.

D. THE EXISTING SEALANT AT THE PERIMETER OF ALL WINDOW OPENINGS IS TO BE REMOVED AND REPLACED WITH NEW SEALANT.

ARCHITECT

CONSULTANT

STAMP

KEY PLAN

PROJECT NUMBER:

DRAWN BY:

CHECKED BY:

SHEET TITLE

5/2

9/2

020

9:5

8:3

6 A

M

A-205

GYM UPGRADES


219010.1



DC

AT



1 05-29-2020 ADDENDA 1

1/8" = 1'-0"5

GYM - ELEVATION A1/8" = 1'-0"6

GYM - ELEVATION B

1/8" = 1'-0"8

GYM - ELEVATION C

1/8" = 1'-0"9

GYM - ELEVATION D

1/8" = 1'-0"1

GYM - ELEVATION A - DEMO1/8" = 1'-0"

2GYM - ELEVATION B - DEMO

1/8" = 1'-0"4

GYM - ELEVATION D - DEMO

KEY NOTES [GYM SCOPE]:

1. REMOVE EXISTING GABLE END FINISHES & REPLACE WITH NEW CEMENTITIOUS CLAPBOARD SIDING, 4" EXPOSURE

2. REMOVE EXISTING MAIN ENTRY DOOR AND SIDE PANELS & REPLACE WITH NEW STOREFRONT IN EXISTING OPENING

3. REMOVE & REPLACE ALUMINUM ROOF FASCIA TRIM AT GABLE ENDS.

4. INSTALL NEW ACCESS HATCH AT GABLE END.5. APPLY WATER REPELLENT TO ALL BRICK MASONRY

SURFACES.6. REFER TO CIVIL FOR SUB-GRADE SCOPE

1/4" = 1'-0"7

GYM VESTIBULE FLOOR PLAN

1/8" = 1'-0"3

GYM FLOOR PLAN

5

9

6

81

EXISTING ASPHALT SHINGLE ROOF SYSTEM TO REMAIN

EXISTING METAL EDGE FLASHING TO REMAIN

INSTALL NEW METAL TRIM TO MATCH EXISTING

INSTALL NEW 1X WOOD BLOCKING, TYPICAL

INSTALL NEW 3/4" EXTERIOR GRADE PLYWOOD, TYPICAL

NEW CONTINUOUS SILICONE SEALANT, TYPICAL

NEW PRE-FINISHED CEMENTITIOUS CLAPBOARD SIDING, TYPICAL. SEAL

ALL BUTT ENDS WITH SILICONE SEALANT, TYPICAL.

NEW AIR BARRIER, TYPICAL

CEMENTITIOUS SHIM, TYPICAL

NEW METAL FLASHING, TYPICAL

NEW 1X6 PRE-FINISHED CEMENTITIOUS TRIM, TYPICAL

HOLD TRIM BACK TO ACCOMODATE FULL OPEN OPERATION OF HATCH

NEW CONTINUOUS STAINLESS STEEL DOOR HINGE, TYPICAL

CONTINUOUS SILICONE SEALANT, TYPICAL

ATTIC ACCESS DOOR: PRE-FINISHED CEMENTITIOUS CLAPBOARD SIDING, AIR

BARRIER ON 3/4" EXTERIOR GRADE PLYWOOD WITH 2X4

WD FRAMING, TYPICAL

NEW METAL HANDLE, TYPICAL

CEMENT SHIM, TYPICAL

NEW CONTINUOUS DOOR SWEEP, TYPICAL

1X6 PRE-FINISHED CEMENTITIOUS TRIM, TYPICAL

2X6 WD BLOCKING FOR DOOR STOP, TYPICAL

METAL FLASHING ATTACHED TO ACCESS DOOR, TURNED UP BEHIND AIR BARRIER, TYPICAL

1/2" BEVEL, TYPICAL

2X WD FRAMING FOR ACCESS DOOR, TYPICAL

METAL FLASHING, TYPICAL

(2) 2X10 WD BLOCKING, TYPICAL

ROOF TRUSS BEYOND, EXISTING TO REMAIN -REFER TO STRUCTURAL







NEW PRE-FINISHED CEMENTITIOUS CLAPBOARD SIDING WITH 4" EXPOSURE,

TYPICAL. SEAL ALL BUTT ENDS WITH SILICONE SEALANT, TYPICAL.



NEW METAL FLASHING, TYPICAL

NEW 1X6 PRE-FINISHED CEMENTITIOUS TRIM, TYPICAL

HOLD TRIM BACK TO ACCOMODATE FULL OPEN OPERATION OF HATCH

NEW CONTINUOUS STAINLESS STEEL DOOR HINGE, TYPICAL

CONTINUOUS SILICONE SEALANT, TYPICAL

ATTIC ACCESS DOOR: PRE-FINISHED CEMENTITIOUS CLAPBOARD SIDING,

AIR BARRIER ON 3/4" EXTERIOR GRADE PLYWOOD WITH 2X4 WD

FRAMING, TYPICAL

NEW METAL HANDLE, TYPICAL

CEMENT SHIM, TYPICAL

NEW CONTINUOUS DOOR SWEEP, TYPICAL

1X6 PRE-FINISHED CEMENTITIOUS TRIM, TYPICAL

2X6 WD BLOCKING FOR DOOR STOP, TYPICAL

METAL FLASHING ATTACHED TO ACCESS DOOR, TURNED UP BEHIND AIR BARRIER, TYPICAL

1/2" BEVEL, TYPICAL

2X WD FRAMING FOR ACCESS DOOR, TYPICAL

METAL FLASHING, TYPICAL

(2) 2X10 WD BLOCKING, TYPICAL

ROOF TRUSS BEYOND, EXISTING TO REMAIN -REFER TO STRUCTURAL







NEW PRE-FINISHED CEMENTITIOUS CLAPBOARD SIDING WITH 4" EXPOSURE,

TYPICAL. SEAL ALL BUTT ENDS WITH SILICONE SEALANT, TYPICAL.



EXISTING TO REMAIN

ROOF TRUSS BEYOND, EXISTING TO REMAIN - REFER TO STRUCTURAL

EXISTING ROOF FLASHING TO REMAIN, TYPICAL

1-1

/4"

MIN

3/4

" M

AX

2"

MIN

VA

RIE

S

3' -

0"

4' - 0"

CL

1' - 0" 1' - 0"

4B1

3

NOTE: REFER TO "KEY NOTES" ON A-201

EXISTING 2X WOOD FRAMING TO REMAIN

METAL FLASHING ATTACHED TO ACCESS DOOR

CONTINUOUS DOOR SWEEP

CONTINUOUS SILICONE SEALANT

PREFINISHED CEMENTITIOUS CLAPBOARD SIDING

CONTINUOUS SEALANT

AIR BARRIER

METAL FLASHING

3/4" EXTERIOR GRADE PLYWOOD

1X6 PREFINISHED CEMENTITIOUS TRIM

ATTIC ACCESS DOOR: PREFINISHED CEMENTITIOUS CLAPBOARD SIDING, AIR BARRIER ON 3/4" EXTERIOR GRADE PLYWOOD WITH 2X4 WD FRAMING

STAINLESS STEEL EMBEDDED SCREW FASTENERS. SEAL HEAD OF FASTENER WITH SILICONE SEALANT AND SPOT PAINT TO MATCH TRIM

1/4" MAX

BOLT AND WASHER, REFER TO STRUCTURAL

WD BLOCKING

4'-0" WIDE 3/4" PLYWOOD PLATFORM

EXISTING ROOF TRUSS

10"

1' - 4 1/4"

ACCESS DOOR - REFER TO DETAIL 4/A-304

(1) 2X6 BRACE, 30" LONG INSTALLED AT MID-POINT OF ACCESS. CUT RADIUS AT TOP CORNER ONLY

CL

CONTINUOUS SEALANT

EXISTING CONCRETE STRUCTURE TO REMAIN


STAINLESS STEEL EMBEDDED SCREW FASTENERS. SEAL HEAD OF FASTENER WITH SILICONE SEALANT AND SPOT PAINT TO MATCH TRIM

3/4" EXTERIOR GRADE PLYWOOD

PREFINISHED CEMENTITIOUS CLAPBOARD SIDING

CONTINUOUS SEALANT


AIR BARRIER

3/4" FURRING

CONTINUOUS TO TOP OF FOOTING

LEVEL 1V.I.F

1/2" PROTECTION BOARD OVER DAMPROOFING EXTEND 6" ABOVE GRADE

REFER TO CIVIL DRAWINGS FOR EXTENT OF EXCAVATION

BASEMENT CRAWLSPACE

ARCHITECT

CONSULTANT

STAMP

KEY PLAN

PROJECT NUMBER:

DRAWN BY:

CHECKED BY:

SHEET TITLE

5/2

9/2

020

9:5

8:3

8 A

M

A-303

DETAILS


219010.1



DC

AT



1 05-29-2020 ADDENDA 1

3" = 1'-0"1

UPPER GABLE END WALL AT TRUSS "A"3" = 1'-0"

2UPPER GABLE END WALL AT TRUSS "B"

3" = 1'-0"3

UPPER GABLE END WALL, NO ACCESSHATCH

1" = 1'-0"6

ACCESS DOOR ELEVATION

6" = 1'-0"4

ACCESS DOOR JAMB DETAIL

1 1/2" = 1'-0"5

ACCESS DOOR PROP OPEN DETAIL6" = 1'-0"

7CEMENTITOUS TRIM AT CORNER - PLAN

3/4" = 1'-0"8

DAMPROOFING AT GYM FOUNDATION

1

B I D D E R R F I R E S P O N S E S

DATE: May 29, 2020

To: All Prospective Bidders

From: Alicia Tyler, AIA, LEED AP BD+C

ICON Architecture

RE: WHA GBV Phase VI – Site & Building Improvements

Below is a compilation of questions received by all bidders and following in bold are the responses provided by the design and

ownership team. The questions/responses are not posted in order of any significance or priority.

1. Can you please confirm if Section 070001, Damproofing & Caulking is a filed sub-bid category?

Damproofing & Caulking is not a filed sub-bid category. Spec section 070001 has be omitted from the

Specification manual.

2. Sub-bidder NCA isn’t included in the packet, however NCA for GC is duplicated in this packet.

Header of duplicate NCA has been updated for sub-bidders and is included in Addenda 1.

3. Can you please provide an expected start date for this project?

Immediately upon award is the expectation unless otherwise stipulated.

4. The way the buildings are labeled on the drawings do not match the way the buildings are labeled on the site. Please

confirm addresses.

Building 20 corresponds with 1-17 Freedom Way

Building 21 corresponds with 239-245 Constitution Avenue

Building 22 corresponds with 19-33 Freedom Way

Building 26 corresponds with Youth Center and 33-45 Freedom Way

Gym is positioned as shown on the plans but does not have a known street number on Freedom Way

5. Which COVID regulations will be required to be followed?

This job will follow protocol as set by MA, not Federal regulations unless specifically noted otherwise. MA

COVID regulations were included in the specification manual provided in the Bid Documents.

6. When are bidder RFI’s due?

Sub-bidder RFI’s are due no later than 2pm on Tuesday June 2.

General bidder RFI’s are due no later than 2pm on Tuesday, June 16.

7. Will parking and laydown space be available to the subcontractors?

These locations will be coordinated by the GC &WHA.

8. Is there a scope of work pertaining to the existing murals?

Murals are to remain untouched at all locations.

9. Are the new Site Luminaires to match existing site luminaires elsewhere on the site?

Yes. All remaining building luminaires within the scope boundary are to be replaced to match existing new

luminaires.

10. Where are conduit runs shown on the drawings?

Refer to C-101 for existing utilities and C-106 and C-107 for proposed work. Refer to details for specific

conditions.

11. Are all buildings to be cleaned and sealed?

All buildings are to be sealed. Refer to drawings for scope of work relating to cleaning. Provide a unit price for

additional cleaning identified in field.

12. The elevation drawings A-201 and A-203 for buildings #20 and #22 show no symbols for replacement of the

entry light fixtures but the key notes mention it. I want to confirm if these have already been replaced.

A-201 and A-203 have a note on the top of the sheet that says light fixtures above the unit entries

have already been replaced.

13. We spoke about removal of existing luminaires at gable ends of buildings so siding can be replaced and re-

install when complete. The only buildings that show this are building 21 (both gable ends) and the gym building

(elevation B only)

There are light fixtures at the gables of:

Building 20 Elevation B

Building 21 Elevations A & C

Building 22 Elevation B

Building 26 Elevation C

Gym Elevations A & B

END OF BID RFI RESPONSES FOR ADDENDUM 1