Project Manual

for

Pleasantville Housing Authority

CURTAINWALL SEALANT REPLACEMENT –

140 N. Main Street,

Pleasantville, NJ 08232

Architect

Cristina Buendicho Architect, LLC 6601 Ventnor Ave, Suite 15

Ventnor City, NJ 08406 (609) 487-8801 FAX: (609) 487-8867

cristina@cb-architects.com

Cristina Buendicho, AIA, LEED AP NJ License 12978

December, 2017

Pleasantville Housing Authority Curtainwall Sealant Replacement 140 N Main Street Pleasantville, NJ

CBA #17.31 Index - 1

INDEX

PART A – CONSTRUCTION AND BID DOCUMENTS No of Pages A0 Bid Submission List 1 A-0.1 Project Summary 2 A1 Notice To Bidders 2 A2 Instruction to Bidders HUD-5369 (10-2002) 4 A3 Supplementary Instruction for Bidders 2 A4 General Conditions HUD-5370 (1/2014) 19 A5 Special Conditions 4 A6 Wages Rates per Davis Bacon 11 A7 Bid Proposal Form 4 A8 Affirmative Action 5 A9 Insurance Requirements 5 A10 Statement of Ownership (Ownership Disclosure certification) 4 A11 Qualification Statement 3 A12 Bidders Affidavit 1 A13 Completed Contracts 2 A14 Status of Current Contracts 2 A15 Contract Form 2 A16 Bid Bond Form, & Preparation of Performance and Payment Bond 7 A17 Business Registration Certificate 1 A18 Section 3 and HUD 60002 (11/2010) 5 A19 List of Proposed Subcontractors 2 A-20 Contractor’s Request for Acceptance of Subcontractors 2 A-21 Buy American Requirement 1 A22 Drug Free Work Place Affidavit 2 A23 Public Works Contractor Registration Certification 1 A24 Certificate of Contracts 1 PART B – CONTRACT ADMINISTRATION B1 Schedule of Amounts for Contract Payments HUD 51000 (1/2014) 2 B2 Periodic Estimate of Partial Payment HUD- 51001 (1/2014) 2 B3 Schedule of Change Orders HUD –51002 (1/2014) 1 B4 Schedule of Materials Stored HUD- 51003 (1/2014) 1 B5 Summary of Materials Stored HUD- 51004 (1/2014) 1 B6 Contractors Affidavit of Release of Claims 1 B7 Contractors Certificate of Release of Liens 2 B8 Subcontractors and Supplier’s Release of Liens 1 B9 Certificate of Completion 2 B10 Certificate of Warranty 2 B11 Initial Project Manning Report Form AA-201 1 B12 Consent of Surety for Final Payment 1 B13 Record of Subcontractors and Suppliers 2 B14 Maintenance Bond 2

Pleasantville Housing Authority Curtainwall Sealant Replacement 140 N Main Street Pleasantville, NJ

CBA #17.31 Index - 2

PART C –TECHNICAL SPECIFICATIONS DIVISION 1 Section 01010 Summary of Work Section 01026 Unit Prices Section 01027 Application for Payment Section 01035 Modification Procedures Section 01040 Project Coordination Section 01095 Reference Standards and Definitions Section 01200 Project Meetings Section 01300 Submittals Section 01400 Quality Control Section 01600 Materials and Equipment Section 01631 Product Substitution Section 01700 Contract Closeout Section 01740 Warranties and Bonds Section 01800 Construction Schedules and Milestones DIVISION 2 thru 6 — NOT USED DIVISION 7 Section 07900 Joint Sealers End of Index

DRAWING INDEX

A-1 Elevations, and Notes. A-2 Elevation details. A-3 Details End of Drawings

BID DOCUMENT SUBMISSION CHECKLIST

____________________ Name of Project

_____________________ Name of Bidder

_____________________ Address of Bidder

A. Failure to submit the following documents may be a cause for the bid to be rejected. ** Required with submission of bid Initial each item (Bidder/Owner’s checkmarks) (Bidder’s Initials) ** Proposal Bid Form -Section A7 ** Bid Documents Submission Checklist – Section A0 ** Completed Contracts- Section A13 ** Status of Current Contracts -Section A14 ** Ownership Disclosure Certification -Section A10 ** Bidder’s Affidavit- Section A12 (this form must be notarized) ** Qualifications Questionnaire including Financial Statement prepared within the

last six months – Section A11 (this form must be notarized)

** List of proposed sub-contractors, Section A19 ** Contract request for acceptance of subcontractor’s- Section A20 ** Drug Free workplace affidavit- Section A22 ** Certification of Contracts- Section A24 ** Affidavit for Affirmative Action Plan and Questionnaire - Section A8.1 (this form

must be notarized), -Section A8.2

** Section 3 Business Breakdown - Section A18-1 ** Section 3 - Project Workforce Breakdown- Section A18-2 ** Bid Bond ** Consent of Surety as to a Performance Bond **

Consent of Surety as to a Maintenance Bond as required by N.J.S.A. 40A-11-16b, 10% of project cost for 1 year after final acceptance. Maintenance Bond will be required if Project is awarded. See B14

** Public Works Contractor Registration Certificate for the contractor and any subcontractor s pursuant to the Public Works Contractor Registration Act as required by N.S.A.34:11-56.48, et seq)

Business Registration Certificate with New Jersey Department of Treasury - Mandatory if project is awarded

B. Signature: The undersigned hereby acknowledges and has submitted the above requirements

Signature: _____________________ Date _____ Print Name & Title

A0

A-0-1

PROJECT SUMMARY

Contractor to review and conform to all portions of the Contract Documents.

1. OWNER’S INFORMATION

a.. NAME: Pleasantville Housing Authority

b. ADDRESS: 168 North Main Street, Pleasantville, NJ 08232

c. PHONE: 609-646-3210

d. FAX: 609-272-1405

2. PROJECT NAME and DESCRIPTION:

The Project consists of the Replacement of the sealant joints as indicated on the drawings and the project manual in the following locations:

A. Sealant replacement for the joints between the curtainwall framing and the masonry veneer or the roof concrete beam. B. Sealant replacement for the joints between the curtainwall framing and the insulated panels.

C. Sealant replacement for the joints between the curtainwall framing and the windows in the common areas of this building, since these windows have Not been replaced: a. Elevator lobbies on the front of the building facing Main Ave from 2nd to 9th floor- See elevation 1 on sheet A-1, and detail 5 on sheet A-3. b. End of common corridors on the two sides of the building from 2nd to 9th floor- See elevations 2 on sheet A-1 and A-2, detail 8 on sheet A-3.

D. Sealant replacement for the joints between the curtainwall framing and the louvers on the ground floor facing Main Ave- See elevation 1 on sheet A-1

E. Additional joints as indicated on the drawings, such as around equipment in the insulated panels of the ground floor. See elevation 1 on sheet A-1

F. Proprietary Specification Requirements: The Specifications indicate only a single product and manufacturer for the sealant. THE SEALANT FOR THIS PROJECT IS PROPRIETORY and NO SUBSTITUTIONS WILL BE PERMITTED: since the sealant for this project needs to match the sealant installed in the recent window replacement projects in this building.

3. ARCHITECT’S INFORMATION

a. NAME: Cristina Buendicho Architect, LLC (CBArchitect)

b. ADDRESS: 6601 Ventnor Avenue, Suite 15, Ventnor, NJ 08405

c. PHONE: 609-487-8801

d. FAX: 609-487-8867

e. cristina@cb-architects.com

A-0-2

4. CONTRACTOR DOCUMENTS FEE: $ 75 non-refundable

5. SITE INSPECTION: Required. Bidders shall visit the site by contacting the Maintenance Supervisor Jose Andrade at 609-204-3454.

7. QUESTIONS DURING BIDDING DUE: not later than January 3th at 4PM, and shall be directed to the Architect at Ph: 609-487-8801, FAX 609-487-8867. See #3 for complete information. RESPONSES DUE: not later than January 4th at 4PM, will be sent via fax.

8. BID DUE DATE: January 10th at 11AM. Location 168 N Main Street, Pleasantville, NJ

9. ACCEPTANCE PERIOD: Sixty (60) calendar days from the Bid Opening Date.

10. BID GUARANTEE: Each Bid shall be accompanied by a Bid Guarantee in the form of a Certified Check or Bid Bond. The amount of the Bid Guarantee shall be: not less than ten (10) percent of the Bid, for Bids which are less than $200,000.00; or $20,000.00 for Bids from $200,001.00 to $400,000.00; or, five (5) per cent of the Bid for Bids greater than $400,000.00. Bidders are hereby advised that the amount of the Bid Guarantee shall Not be more than $20,000.00 for Bids which are in excess of $400,000.00. Certified Checks, when used as the Bid Guarantee, shall be made payable to the Authority. Bids Bonds, when used as the Bid Guarantee, shall be issued by a Surety Company admitted to do business in the State of New Jersey and listed in United States Treasury Circular No. 570. The form of the Bid Bond shall be that found in the Project Manual.

11. CONSENT OF SURETY: Bidders are required to provide a “Consent of Surety to Provide Performance and Payment Bonds” with their Proposal. The form of the Consent of Surety shall be that found in the Project Manual.

12. PERFORMANCE AND PAYMENT BOND: The amount of the Performance and Payment Bond shall be one hundred (100) percent of the total Contract amount.

13. CONTRACT PERIOD: The contractor shall complete the work on the site as stipulated in the Notice to Proceed, within NINETY (90) CALENDAR DAYS after the receipt of the Notice to Proceed. This time shall include preparation, submission and approval of required documents.

14. LIQUIDATED DAMAGES: FIVE HUNDRED DOLLARS ($500.00) per CALENDAR DAY.

15 MAINTENANCE BOND: Bidders are required to provide a “Maintenance Bonds” if awarded the project. The form for the Maintenance Bond shall be found in the Project Manual.

16 GUARANTEE PERIOD: ONE (1) YEAR from the date of Final Acceptance of materials unless a longer period is specified. Refer to window, glazing, and joint sealant specifications for additional warranties.

END OF SECTION – PROJECT SUMMARY

Pleasantville Housing Authority

Project:

CURTAINWALL SEALANT REPLACEMENT

140 North Main Street

Pleasantville, NJ. 08232

ADVERTISEMENT FOR BIDS

The Pleasantville Housing Authority, 168 North Main Street, Pleasantville, New Jersey 08232, shall receive bids for the Curtainwall Sealant Replacement of 140 North Main Street Building, Pleasantville, NJ.

Bids shall be delivered not later than January 24, 2018, until 11AM to the Administrative Offices of the Housing Authority located in 168 N Main Street, Pleasantville, New Jersey. Bidders shall submit three (3) copies of their bid, on the Form of Proposal provided, in a sealed envelope bearing the name of the Bidder clearly marked, “Sealant Replacement”. The proposals shall be opened and evaluated by The Pleasantville Housing Authority at their convenience. Proposals shall not be withdrawn for a period of 60 days subsequent to the bid opening date.

The Contract Documents for this project, together with any Addenda that may be issued, will be posted in the Pleasantville Housing Authority website (www.pleasantvilleha.org). The bidders shall be responsible to obtain any and all Addenda prior to submitting their bids.

Bidders shall visit the site by contacting the Maintenance Supervisor, Jose Andrade at 609-204-3454.

Bid must be accompanied with a bid Bond, Certified Check, or Cashier’s Check for not less than (10%) of the bid, but not in excess of $20,000.

In the event the Bidder is a corporation or a partnership, a statement must be submitted setting forth the names and addresses of all stockholders in the corporation or partnership who owns ten percent (10%) or greater interest therein as the case may be. Bidders shall be required to comply with Affirmative Action per N.J.S.A 10:5-31-38, and comply with Chapter 33 of the Public Laws of 1977 and with the requirements of the Public Laws of 1975, Chapter 127.

The successful Bidder will be required to furnish and pay for Performance/Payments Bonds in the amount equal to one hundred percent (100%) of the contract price.

Bidders are required to submit their Business Registration Certification by the Department of Treasury, Division of Revenue of the State of New Jersey.

Bidders are required to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 with regards to the employment of low-income tenants and subcontractors in compliance with HUD’s regulations in 24 CFR Part 135.

The Pleasantville Housing Authority is an Equal Opportunity Employer and encourages Minority and Women Owned Businesses to submit bids.

The Authority does not obligate itself to accept the lowest bid and reserves the right to waive any informalities in the bidding or to accept or reject any or all bids if deemed in the best interest of the Authority.

Vernon Lawrence, Executive Director Pleasantville Housing Authority

Previous edition is obsolete form HUD-5369 (10/2002)

Instructions to Bidders for ContractsPublic and Indian Housing Programs

Table of ContentsClause Page

1. Bid Preparation and Submission 1

2. Explanations and Interpretations to Prospective Bidders 1

3. Amendments to Invitations for Bids 1

4. Responsibility of Prospective Contractor 1

5. Late Submissions, Modifications, and Withdrawal of Bids 1

6. Bid Opening 2

7. Service of Protest 2

8. Contract Award 2

9. Bid Guarantee 3

10. Assurance of Completion 3

11. Preconstruction Conference 3

12. Indian Preference Requirements 3

1. Bid Preparation and Submission(a) Bidders are expected to examine the specifications, drawings,all instructions, and, if applicable, the construction site (see also thecontract clause entitled Site Investigation and Conditions Affect-ing the Work of the General Conditions of the Contract for Construc-tion). Failure to do so will be at the bidders’ risk.

(b) All bids must be submitted on the forms provided by the PublicHousing Agency/Indian Housing Authority (PHA/IHA). Bidders shallfurnish all the information required by the solicitation. Bids must besigned and the bidder’s name typed or printed on the bid sheet andeach continuation sheet which requires the entry of information bythe bidder. Erasures or other changes must be initialed by the personsigning the bid. Bids signed by an agent shall be accompanied byevidence of that agent’s authority. (Bidders should retain a copy oftheir bid for their records.)

(c) Bidders must submit as part of their bid a completed form HUD-5369-A, “Representations, Certifications, and Other Statements ofBidders.”

(d) All bid documents shall be sealed in an envelope which shall beclearly marked with the words “Bid Documents,” the Invitation forBids (IFB) number, any project or other identifying number, thebidder’s name, and the date and time for receipt of bids.

(e) If this solicitation requires bidding on all items, failure to do so willdisqualify the bid. If bidding on all items is not required, biddersshould insert the words “No Bid” in the space provided for any itemon which no price is submitted.

(f) Unless expressly authorized elsewhere in this solicitation, alter-nate bids will not be considered.

(g) Unless expressly authorized elsewhere in this solicitation, bidssubmitted by telegraph or facsimile (fax) machines will not beconsidered.

(h) If the proposed contract is for a Mutual Help project (as de-scribed in 24 CFR Part 905, Subpart E) that involves Mutual Helpcontributions of work, material, or equipment, supplemental informa-tion regarding the bid advertisement is provided as an attachment tothis solicitation.

2. Explanations and Interpretations to ProspectiveBidders

(a) Any prospective bidder desiring an explanation or interpretationof the solicitation, specifications, drawings, etc., must request it atleast 7 days before the scheduled time for bid opening. Requestsmay be oral or written. Oral requests must be confirmed in writing.The only oral clarifications that will be provided will be those clearlyrelated to solicitation procedures, i.e., not substantive technicalinformation. No other oral explanation or interpretation will beprovided. Any information given a prospective bidder concerningthis solicitation will be furnished promptly to all other prospectivebidders as a written amendment to the solicitation, if that informationis necessary in submitting bids, or if the lack of it would be prejudicialto other prospective bidders.

(b) Any information obtained by, or provided to, a bidder other thanby formal amendment to the solicitation shall not constitute a changeto the solicitation.

3. Amendments to Invitations for Bids(a) If this solicitation is amended, then all terms and conditionswhich are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any amendment to thissolicitation (1) by signing and returning the amendment, (2) byidentifying the amendment number and date on the bid form, or (3)by letter, telegram, or facsimile, if those methods are authorized inthe solicitation. The PHA/IHA must receive acknowledgement by thetime and at the place specified for receipt of bids. Bids which fail toacknowledge the bidder’s receipt of any amendment will result in therejection of the bid if the amendment(s) contained information whichsubstantively changed the PHA’s/IHA’s requirements.

(c) Amendments will be on file in the offices of the PHA/IHA and theArchitect at least 7 days before bid opening.

4. Responsibility of Prospective Contractor(a) The PHA/IHA will award contracts only to responsible prospec-tive contractors who have the ability to perform successfully underthe terms and conditions of the proposed contract. In determiningthe responsibility of a bidder, the PHA/IHA will consider such mattersas the bidder’s:

(1) Integrity;

(2) Compliance with public policy;

(3) Record of past performance; and

(4) Financial and technical resources (including constructionand technical equipment).

(b) Before a bid is considered for award, the bidder may be re-quested by the PHA/IHA to submit a statement or other documenta-tion regarding any of the items in paragraph (a) above. Failure by thebidder to provide such additional information shall render the biddernonresponsible and ineligible for award.

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Previous edition is obsolete form HUD-5369 (10/2002)

5. Late Submissions, Modifications, and Withdrawal of Bids(a) Any bid received at the place designated in the solicitation afterthe exact time specified for receipt will not be considered unless it isreceived before award is made and it:

(1) Was sent by registered or certified mail not later than thefifth calendar day before the date specified for receipt of offers (e.g.,an offer submitted in response to a solicitation requiring receipt ofoffers by the 20th of the month must have been mailed by the 15th);

(2) Was sent by mail, or if authorized by the solicitation, wassent by telegram or via facsimile, and it is determined by the PHA/IHAthat the late receipt was due solely to mishandling by the PHA/IHAafter receipt at the PHA/IHA; or

(3) Was sent by U.S. Postal Service Express Mail Next DayService - Post Office to Addressee, not later than 5:00 p.m. at theplace of mailing two working days prior to the date specified forreceipt of proposals. The term “working days” excludes weekendsand observed holidays.

(b) Any modification or withdrawal of a bid is subject to the sameconditions as in paragraph (a) of this provision.

(c) The only acceptable evidence to establish the date of mailing ofa late bid, modification, or withdrawal sent either by registered orcertified mail is the U.S. or Canadian Postal Service postmark bothon the envelope or wrapper and on the original receipt from the U.S.or Canadian Postal Service. Both postmarks must show a legibledate or the bid, modification, or withdrawal shall be processed as ifmailed late. “Postmark” means a printed, stamped, or otherwiseplaced impression (exclusive of a postage meter machine impres-sion) that is readily identifiable without further action as having beensupplied and affixed by employees of the U.S. or Canadian PostalService on the date of mailing. Therefore, bidders should request thepostal clerk to place a hand cancellation bull’s-eye postmark on boththe receipt and the envelope or wrapper.

(d) The only acceptable evidence to establish the time of receipt at thePHA/IHA is the time/date stamp of PHA/IHA on the proposal wrapper orother documentary evidence of receipt maintained by the PHA/IHA.

(e) The only acceptable evidence to establish the date of mailing ofa late bid, modification, or withdrawal sent by Express Mail Next DayService-Post Office to Addressee is the date entered by the postoffice receiving clerk on the “Express Mail Next Day Service-PostOffice to Addressee” label and the postmark on both the envelope orwrapper and on the original receipt from the U.S. Postal Service.“Postmark” has the same meaning as defined in paragraph (c) of thisprovision, excluding postmarks of the Canadian Postal Service.Therefore, bidders should request the postal clerk to place a legiblehand cancellation bull’s eye postmark on both the receipt and Failureby a bidder to acknowledge receipt of the envelope or wrapper.

(f) Notwithstanding paragraph (a) of this provision, a late modifica-tion of an otherwise successful bid that makes its terms morefavorable to the PHA/IHA will be considered at any time it is receivedand may be accepted.

(g) Bids may be withdrawn by written notice, or if authorized by thissolicitation, by telegram (including mailgram) or facsimile machinetransmission received at any time before the exact time set foropening of bids; provided that written confirmation of telegraphic orfacsimile withdrawals over the signature of the bidder is mailed andpostmarked prior to the specified bid opening time. A bid may bewithdrawn in person by a bidder or its authorized representative if,before the exact time set for opening of bids, the identity of the personrequesting withdrawal is established and the person signs a receiptfor the bid.

6. Bid OpeningAll bids received by the date and time of receipt specified in thesolicitation will be publicly opened and read. The time and place ofopening will be as specified in the solicitation. Bidders and otherinterested persons may be present.

7. Service of Protest(a) Definitions. As used in this provision:

“Interested party” means an actual or prospective bidder whosedirect economic interest would be affected by the award of thecontract.

“Protest” means a written objection by an interested party to thissolicitation or to a proposed or actual award of a contract pursuantto this solicitation.

(b) Protests shall be served on the Contracting Officer by obtainingwritten and dated acknowledgement from —

[Contracting Officer designate the official or location where a protestmay be served on the Contracting Officer]

(c) All protests shall be resolved in accordance with the PHA’s/IHA’s protest policy and procedures, copies of which are maintainedat the PHA/IHA.

8. Contract Award(a) The PHA/IHA will evaluate bids in response to this solicitationwithout discussions and will award a contract to the responsiblebidder whose bid, conforming to the solicitation, will be most advan-tageous to the PHA/IHA considering only price and any price-relatedfactors specified in the solicitation.

(b) If the apparent low bid received in response to this solicitationexceeds the PHA’s/IHA’s available funding for the proposed contractwork, the PHA/IHA may either accept separately priced items (see8(e) below) or use the following procedure to determine contractaward. The PHA/IHA shall apply in turn to each bid (proceeding inorder from the apparent low bid to the high bid) each of the separatelypriced bid deductible items, if any, in their priority order set forth inthis solicitation. If upon the application of the first deductible item toall initial bids, a new low bid is within the PHA’s/IHA’s availablefunding, then award shall be made to that bidder. If no bid is withinthe available funding amount, then the PHA/IHA shall apply thesecond deductible item. The PHA/IHA shall continue this processuntil an evaluated low bid, if any, is within the PHA’s/IHA’s availablefunding. If upon the application of all deductibles, no bid is within thePHA’s/IHA’s available funding, or if the solicitation does not requestseparately priced deductibles, the PHA/IHA shall follow its writtenpolicy and procedures in making any award under this solicitation.

(c) In the case of tie low bids, award shall be made in accordancewith the PHA’s/IHA’s written policy and procedures.

(d) The PHA/IHA may reject any and all bids, accept other than thelowest bid (e.g., the apparent low bid is unreasonably low), and waiveinformalities or minor irregularities in bids received, in accordancewith the PHA’s/IHA’s written policy and procedures.

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Previous edition is obsolete form HUD-5369 (10/2002)

(e) Unless precluded elsewhere in the solicitation, the PHA/IHAmay accept any item or combination of items bid.

(f) The PHA/IHA may reject any bid as nonresponsive if it ismaterially unbalanced as to the prices for the various items of workto be performed. A bid is materially unbalanced when it is based onprices significantly less than cost for some work and prices which aresignificantly overstated for other work.

(g) A written award shall be furnished to the successful bidder withinthe period for acceptance specified in the bid and shall result in abinding contract without further action by either party.

9. Bid Guarantee (applicable to construction and equip-ment contracts exceeding $25,000)

All bids must be accompanied by a negotiable bid guarantee whichshall not be less than five percent (5%) of the amount of the bid. Thebid guarantee may be a certified check, bank draft, U.S. GovernmentBonds at par value, or a bid bond secured by a surety companyacceptable to the U.S. Government and authorized to do business inthe state where the work is to be performed. In the case where thework under the contract will be performed on an Indian reservationarea, the bid guarantee may also be an irrevocable Letter of Credit(see provision 10, Assurance of Completion, below). Certifiedchecks and bank drafts must be made payable to the order of thePHA/IHA. The bid guarantee shall insure the execution of thecontract and the furnishing of a method of assurance of completionby the successful bidder as required by the solicitation. Failure tosubmit a bid guarantee with the bid shall result in the rejection of thebid. Bid guarantees submitted by unsuccessful bidders will bereturned as soon as practicable after bid opening.

10. Assurance of Completion(a) Unless otherwise provided in State law, the successful biddershall furnish an assurance of completion prior to the execution of anycontract under this solicitation. This assurance may be [ContractingOfficer check applicable items] —

[ ] (1) a performance and payment bond in a penal sum of 100percent of the contract price; or, as may be required or permitted byState law;

[ ] (2) separate performance and payment bonds, each for 50percent or more of the contract price;

[ ] (3) a 20 percent cash escrow;

[ ] (4) a 25 percent irrevocable letter of credit; or,

[ ] (5) an irrevocable letter of credit for 10 percent of the totalcontract price with a monitoring and disbursements agreement withthe IHA (applicable only to contracts awarded by an IHA under theIndian Housing Program).

(b) Bonds must be obtained from guarantee or surety companiesacceptable to the U.S. Government and authorized to do business inthe state where the work is to be performed. Individual sureties willnot be considered. U.S. Treasury Circular Number 570, publishedannually in the Federal Register, lists companies approved to act assureties on bonds securing Government contracts, the maximumunderwriting limits on each contract bonded, and the States in whichthe company is licensed to do business. Use of companies listed inthis circular is mandatory. Copies of the circular may be downloadedon the U.S. Department of Treasury website http://www.fms.treas.gov/c570/index.html, or ordered for a minimum feeby contacting the Government Printing Office at (202) 512-2168.

(c) Each bond shall clearly state the rate of premium and the totalamount of premium charged. The current power of attorney for theperson who signs for the surety company must be attached to thebond. The effective date of the power of attorney shall not precedethe date of the bond. The effective date of the bond shall be on or afterthe execution date of the contract.

(d) Failure by the successful bidder to obtain the required assur-ance of completion within the time specified, or within such extendedperiod as the PHA/IHA may grant based upon reasons determinedadequate by the PHA/IHA, shall render the bidder ineligible foraward. The PHA/IHA may then either award the contract to the nextlowest responsible bidder or solicit new bids. The PHA/IHA mayretain the ineligible bidder’s bid guarantee.

11. Preconstruction Conference (applicable to constructioncontracts)

After award of a contract under this solicitation and prior to the startof work, the successful bidder will be required to attend apreconstruction conference with representatives of the PHA/IHA andits architect/engineer, and other interested parties convened by thePHA/IHA. The conference will serve to acquaint the participants withthe general plan of the construction operation and all other require-ments of the contract (e.g., Equal Employment Opportunity, LaborStandards). The PHA/IHA will provide the successful bidder with thedate, time, and place of the conference.

12. Indian Preference Requirements (applicable only ifthis solicitation is for a contract to be performed on aproject for an Indian Housing Authority)

(a) HUD has determined that the contract awarded under thissolicitation is subject to the requirements of section 7(b) of the IndianSelf-Determination and Education Assistance Act (25 U.S.C. 450e(b)).Section 7(b) requires that any contract or subcontract entered into forthe benefit of Indians shall require that, to the greatest extent feasible

(1) Preferences and opportunities for training and employment(other than core crew positions; see paragraph (h) below) in connec-tion with the administration of such contracts or subcontracts begiven to qualified “Indians.” The Act defines “Indians” to meanpersons who are members of an Indian tribe and defines “Indiantribe” to mean any Indian tribe, band, nation, or other organizedgroup or community, including any Alaska Native village or regionalor village corporation as defined in or established pursuant to theAlaska Native Claims Settlement Act, which is recognized as eligiblefor the special programs and services provided by the United Statesto Indians because of their status as Indians; and,

(2) Preference in the award of contracts or subcontracts inconnection with the administration of contracts be given to Indianorganizations and to Indian-owned economic enterprises, as de-fined in section 3 of the Indian Financing Act of 1974 (25 U.S.C.1452). That Act defines “economic enterprise” to mean any Indian-owned commercial, industrial, or business activity established ororganized for the purpose of profit, except that the Indian ownershipmust constitute not less than 51 percent of the enterprise; “Indianorganization” to mean the governing body of any Indian tribe or entityestablished or recognized by such governing body; “Indian” to meanany person who is a member of any tribe, band, group, pueblo, orcommunity which is recognized by the Federal Government aseligible for services from the Bureau of Indian Affairs and any“Native” as defined in the Alaska Native Claims Settlement Act; andIndian “tribe” to mean any Indian tribe, band, group, pueblo, orcommunity including Native villages and Native groups (including

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Previous edition is obsolete form HUD-5369 (10/2002)

corporations organized by Kenai, Juneau, Sitka, and Kodiak) asdefined in the Alaska Native Claims Settlement Act, which is recog-nized by the Federal Government as eligible for services from theBureau of Indian Affairs.

(b) (1) The successful Contractor under this solicitation shall com-ply with the requirements of this provision in awarding all subcon-tracts under the contract and in providing training and employmentopportunities.

(2) A finding by the IHA that the contractor, either (i) awardeda subcontract without using the procedure required by the IHA, (ii)falsely represented that subcontracts would be awarded to Indianenterprises or organizations; or, (iii) failed to comply with thecontractor’s employment and training preference bid statement shallbe grounds for termination of the contract or for the assessment ofpenalties or other remedies.

(c) If specified elsewhere in this solicitation, the IHA may restrict thesolicitation to qualified Indian-owned enterprises and Indian organi-zations. If two or more (or a greater number as specified elsewherein the solicitation) qualified Indian-owned enterprises or organiza-tions submit responsive bids, award shall be made to the qualifiedenterprise or organization with the lowest responsive bid. If fewerthan the minimum required number of qualified Indian-owned enter-prises or organizations submit responsive bids, the IHA shall rejectall bids and readvertise the solicitation in accordance with paragraph(d) below.

(d) If the IHA prefers not to restrict the solicitation as described inparagraph (c) above, or if after having restricted a solicitation aninsufficient number of qualified Indian enterprises or organizationssubmit bids, the IHA may advertise for bids from non-Indian as wellas Indian-owned enterprises and Indian organizations. Award shallbe made to the qualified Indian enterprise or organization with thelowest responsive bid if that bid is -

(1) Within the maximum HUD-approved budget amount estab-lished for the specific project or activity for which bids are beingsolicited; and

(2) No more than the percentage specified in 24 CFR 905.175(c)higher than the total bid price of the lowest responsive bid from anyqualified bidder. If no responsive bid by a qualified Indian-ownedeconomic enterprise or organization is within the stated range of thetotal bid price of the lowest responsive bid from any qualifiedenterprise, award shall be made to the bidder with the lowest bid.

(e) Bidders seeking to qualify for preference in contracting orsubcontracting shall submit proof of Indian ownership with their bids.Proof of Indian ownership shall include but not be limited to:

(1) Certification by a tribe or other evidence that the bidder isan Indian. The IHA shall accept the certification of a tribe that anindividual is a member.

(2) Evidence such as stock ownership, structure, manage-ment, control, financing and salary or profit sharing arrangements ofthe enterprise.

(f) (1) All bidders must submit with their bids a statement describ-ing how they will provide Indian preference in the award of subcon-tracts. The specific requirements of that statement and the factorsto used by the IHA in determining the statement’s adequacy areincluded as an attachment to this solicitation. Any bid that fails toinclude the required statement shall be rejected as nonresponsive.The IHA may require that comparable statements be provided bysubcontractors to the successful Contractor, and may require theContractor to reject any bid or proposal by a subcontractor that failsto include the statement.

(2) Bidders and prospective subcontractors shall submit acertification (supported by credible evidence) to the IHA in anyinstance where the bidder or subcontractor believes it is infeasible toprovide Indian preference in subcontracting. The acceptance orrejection by the IHA of the certification shall be final. Rejection shalldisqualify the bid from further consideration.

(g) All bidders must submit with their bids a statement detailing theiremployment and training opportunities and their plans to providepreference to Indians in implementing the contract; and the numberor percentage of Indians anticipated to be employed and trained.Comparable statements from all proposed subcontractors must besubmitted. The criteria to be used by the IHA in determining thestatement(s)’s adequacy are included as an attachment to thissolicitation. Any bid that fails to include the required statement(s), orthat includes a statement that does not meet minimum standardsrequired by the IHA shall be rejected as nonresponsive.

(h) Core crew employees. A core crew employee is an individualwho is a bona fide employee of the contractor at the time the bid issubmitted; or an individual who was not employed by the bidder at thetime the bid was submitted, but who is regularly employed by thebidder in a supervisory or other key skilled position when work isavailable. Bidders shall submit with their bids a list of all core crewemployees.

(i) Preference in contracting, subcontracting, employment, andtraining shall apply not only on-site, on the reservation, or within theIHA’s jurisdiction, but also to contracts with firms that operate outsidethese areas (e.g., employment in modular or manufactured housingconstruction facilities).

(j) Bidders should contact the IHA to determine if any additionallocal preference requirements are applicable to this solicitation.

(k) The IHA [ ] does [ ] does not [Contracting Officer checkapplicable box] maintain lists of Indian-owned economic enterprisesand Indian organizations by specialty (e.g., plumbing, electrical,foundations), which are available to bidders to assist them in meetingtheir responsibility to provide preference in connection with theadministration of contracts and subcontracts.

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SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

The following supplements modify the Instruction for Bidders H.U.D – 5369 (10/2002) in Section A2. The “Public Housing Agency/Indian Housing Authority (PHA) shall mean The Pleasantville Housing Authority. A. Questions during bidding process shall be submitted via fax or mail to Cristina

Buendicho Architect, 6601 Ventnor Ave, Suite 15, Ventnor, NJ 08406, phone 609-487-8801, fax: 609-487-8867, no later than JANUARY 10, 2018 at 4PM. Responses in the form of Addenda or Clarifications will be posted in the Pleasantville Housing Authority website (www.pleasantvilleha.org). The bidders shall be responsible to obtain any and all Addenda prior to submitting their bids.

B. After bid is awarded all project related communications, correspondence, shop drawings, payment requests, etc. shall be directed to the office of the Architect for distribution.

C. Bidders shall be registered with the Department of Treasure of the State of New Jersey, Division of Revenue per N.J.S.A 52:32-44, Chapter 57 of the Public Laws of 2004, and submit proof of their business registration and submit proof of business registration for all named subcontractors if the bid is awarded.

D. The Authority does not obligate itself to accept the lowest bid and reserves the right to waive any informalities in the bidding or to accept or reject any or all bids if deemed in the best interest of the Authority.

E. Contractor is responsible to obtain all required permits as well as pay for all fees.

F. Upon completion of the project, the Contractor shall furnish to the Authority certification that all Federal, State and Local requirements and regulations have been complied with in this installation.

G. Any work to be performed during other than normal working hours of 8:00 AM to 5:00 PM, Monday through Friday, except Federal Holidays, shall be approved by the Authority forty-eight (48) hours in advance.

H. Any work or tests that involve or could cause interruption or partial interruption of utility services shall be scheduled by the Contractor with the Authority at least seven (7) days in advance.

I. The Contractor shall furnish the Authority with the name, address and telephone number of a qualified mechanic to call in case of an emergency or equipment failure during off-hours.

J. Housekeeping:

1. Protect all Residents and Authority personnel in occupied areas from hazards of dust, noise, construction debris or other material related to the work.

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2. Keep work areas clear, clean and free of loose debris and materials which could create a safety hazard or interfere with the Residents or Authority personnel.

3. Take precautions to prevent soil and debris from entering storm drains and catch basins.

4. Make every effort to keep dust and noise to a minimum at all times. Take special precautions to protect adjacent surfaces from damage, including excessive dust.

5. Maintain at all times access to mechanical and electrical devices and equipment to insure access to existing systems in case of an emergency.

6. Clean areas free of all construction debris.

7. The General Contractor may locate a dumpster and a trailer storage in the rear parking lot of 140 N Main.

8. The General Contractor shall take photographs of all the areas in the scope of work, and submit to the Housing Authority as a record.

9. Following award of contract, the Contractor shall obtain and complete the State of New Jersey “Initial Project Manning Report (AA201)”. The completed form must be received by the State Agency within three (3) calendar days after signing the Contract.

K. Bidder shall submit a written safety program prior to signing the Contract.

L. Each bidder for this project shall waive any claim it has or may have against the Pleasantville Housing Authority, Cristina Buendicho Architect, and their respective principals, employees, subcontractors, personnel arising out of or in connection with the evaluation or recommendation of any bid proposal.

END OF SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

General Conditions for Construction Public Housing Programs

U.S. Department of Housing and Urban

Contracts Development

- Office of Public and Indian Housing OMB Approval No. 2577-0157 (exp. 1/31/2017)

Applicability. This form is applicable to any construction/development contract greater than $100,000.

This form includes those clauses required by OMB's common rule on grantee procurement, implemented at HUD in 24 CFR 85.36, 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 currentlyvalid OMB number.

Table of ContentsClause Page Clause Page

1. Definitions 2 Administrative Requirements

Construction Requirements 28. Contract Modifications 10

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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 13

Protection 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 15

Interest 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 Completion 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 Construction 8 47. Non-Federal Prevailing Wage Rates 1924. Prohibition Against Liens 9 48. Procurement of Recovered Materials 19

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 andas 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 thecriteria 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.

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(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 inthe 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 WorkConstruction 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.

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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 “ shown” “ indicated”, “ 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 Contracting Officer.

(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

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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 submitappropriately marked samples (and certificatesrelated 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 intothe 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

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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.

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(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 connectsand/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, andintermediate 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

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(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 ap- proval 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. TheContractor’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 breakdownshall be approved by the Contracting Officer and must beacceptable 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 employedin making up this breakdown are for determining theamount of progress payments and shall not be construedas a basis for additions to or deductions from the contractprice. 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 workperformed during each period based upon the approvedbreakdown of the contract price. Such estimates shall be 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 thiscontract with respect to latent defects, gross mistakes orfraud.

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;

The Contractor shall complete all work required on(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.

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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

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(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 priororder 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

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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 liquidateddamages until the work is completed or accepted.

34. Termination for Convenience

the specified time, whether or not the Contractor’s right toproceed with the work is terminated. This liability includesany 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 inthe 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 damagesuntil 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]

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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 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 extendedreporting 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 andthe PHA or between the subcontractor and HUD.

38. Subcontracting with Small and Minority Firms, Women’s Business Enterprise, and Labor SurplusArea 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 bysmall 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.

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(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 noticesto 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 unlessexempted 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 contractfor 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 ofthe Housing and Urban Development Act of 1968.

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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 UnitedStates of America shall be admitted to any share or part ofthis 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

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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 aspart of the wages of any laborer or mechanic the

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(2) (i) The Contractor shall submit weekly for each week make such records available may be grounds fordebarment 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 ofCompliance” 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

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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 StatesGovernment contract by virtue of section 3(a) of theDavis-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 CFRPart 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).

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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 withthe 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.

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SPECIAL CONDITIONS

1. SCOPE OF WORK 1.1. The work covered by these Specifications shall include the furnishing of all labor, materials,

equipment, appliances and the performing of all operations in strict accordance with these Specifications.

2. VISIT TO SITE 2.1. Each bidder is encouraged to visit the site of the proposed work and fully acquaint

him/herself with conditions as the exist so that he/she may fully understand the facilities, difficulties and restrictions related to the execution of the work under this contract. Bidders shall also thoroughly examine and be familiar with the requirements of the detailed Specifications and Drawings. The failure or omission of any bidder to receive or examine any form, instrument or documents, or to visit the site and acquaint him/herself with the existing conditions shall not relieve the bidder from any obligation with respect to the bid.

2.2. Before commencing any work, the Contractor shall meet with Architect and Authority Representatives and agree on a sequence of procedures, means of access to the building and space for temporary storage on materials and equipment.

3. TIME AND MANNER 3.1. Time is an essential consideration of the contract and work shall complete the project within

Ninety (90) CALENDAR days after issuance of the Notice to Proceed. 3.2. All work shall be performed as expeditiously as possible and in a manner not to interfere

with the operations of the building. The Contractor shall conduct his work in a manner so as not to obstruct the passage of Residents or Authority personnel to or from any part of the building or site.

3.3. The Contractor shall exercise extreme care at all times to maintain cleanliness in his operations, avoid fire and accident hazards and remove debris promptly at the end of each day’s work. It shall be the Contractor’s responsibility to keep the premises clean of construction dirt, dust, debris and maintain conditions acceptable to the Authority at all times. This requirement shall be rigidly enforced and if the Authority’s personnel are required to clean the work areas, the Contractor shall reimburse the Authority for labor costs. Upon completion of the work specified, equipment and unused materials provided for the work shall be removed from the site and the areas cleaned to the satisfaction of the Authority.

3.4. The Architect may order or direct the Contractor as a result of observation of work in progress, to accelerate the work by increasing his forces, working overtime and/or Saturdays as may be required to complete the work in accordance with the time schedule. The cost of such acceleration efforts shall be borne entirely by the Contractor, and shall not be billed to the Authority.

4. CONTRACT DOCUMENTS 4.1. The Specifications consist of three (3) parts:

Part A Construction and Bid Documents Part B Contract Administration Part C Technical Specifications

4.2. Contract Drawings

5. CORRESPONDENCE 5.1. The Contractor shall send all correspondence concerning any matter of a contractual or

technical nature to the attention of the Authority’s Architectural Consultant.

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6. SCHEDULE AND CONTRACTOR OPERATIONS 6.1. Adequate notice must be given to the Architect and the Authority prior to commencing work.

Scheduling of contract work shall be the responsibility of the Contractor. 6.2. The Contractor’s scheduling of operations shall be coordinated with the Architect prior to

start of work. 6.3. Operations affecting other work at the site shall be conducted with care not to damage such

work or equipment. Any surfaces, equipment or appliances damaged by the work of this Contractor shall be repaired or replaced promptly without expense to the Authority. The Contractor shall provide adequate protection to all parts of the site, parking lots, building and building contents wherever work under this contract is performed.

6.4. Unless otherwise required by the Specifications, new work adjacent to existing work shall match in all respects to that to which it abuts, or to similar existing work in the general area.

6.5. Existing work shall be cut, drilled, altered, removed or temporarily removed and replaced as necessary for the performance of the Contract work. However, unless otherwise provided by the Specifications, no structural member shall be cut, removed or altered without prior authorization by the Architect.

7. TIME FOR COMPLETION 7.1. The contractor acknowledges work shall be completed as stipulated in the Notice to

Proceed, within NINETY (90) CALENDAR DAYS after the receipt of the Notice to Proceed. This time shall include preparation, submission and approval of required documents

8. LIQUIDATED DAMAGES 8.1. As actual damages for any delay in completion are difficult to determine, the Contractor and

his Surety shall be liable for, and shall pay to the Authority the sum hereinafter stipulated as fixed and agreed as liquidated damages for each calendar day of delay until the work is complete and/or accepted. FIVE HUNDRED DOLLARS ($500.00) PER CALENDAR DAY The liquidated damage provision contained in this Specification shall not be the exclusive damage remedy available to the Authority for breach or default hereof; and the parties hereto agree that the Authority shall, at its discretion, additionally have the right to assert and claim any real or actual damages which may be sustained. In addition to liquidated damages, be advised that in the event of late performance of this Contract, the Authority reserves the right to consider any unjustified delay beyond the specified contract completion date, as a bearing on the Contractor’s responsibility to perform future contracts for the Authority. The Contractor shall not be penalized or charged with liquidated damages for any delays in the completion of the contract due to unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or the public enemy, acts of the Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, blackouts and trade disputes. Weather related delays will be considered if the Contractor can furnish proof of such delay. Documentation of any delay claim shall be furnished by the Contractor to the Architect and the Authority for evaluation and consideration.

9. BID PRICE 9.1. Prices are net for items furnished and installed in place and shall include all costs for labor,

material, equipment, insurance, overhead and profit. The Authority is a tax-exempt entity.

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10. TENANT EMPLOYMENT (HUD SECTION 3 REQUIREMENTS) 10.1. The Contractor shall be required to undertake an affirmative and aggressive employment

policy to afford a preferential hiring procedure to tenant in all jobs and training opportunities generated by the Contract. If collective bargaining agreements with labor organizations exist, the Contractor must submit evidence that the said labor organizations are aware of and approve of the hiring procedures stated above.

10.2. Any tenant employed as laborers, trainees, apprentices and mechanics by the Contractor shall be paid wages at rates not less than those prevailing on similar construction in this locality, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act as amended (40-U.S. 276a-276a5).

11. PRE-BID CONFERENCE 11.1. A pre-bid conference will not be held.

12. GENERAL GUARANTY

12.1. Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire use of the apartments and/or buildings by the Authority shall constitute acceptance of work not performed in accordance with the Contract Documents or relieve the Contractor of liability with respect to any express warranties of responsibility for faulty materials or workmanship. The Contractor shall remedy and defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of final acceptance of the work unless a longer period is specified. The Authority shall give notice of observed defects within a reasonable time.

13. AFFIRMATIVE ACTION PLAN (AAP)

13.1. Bound in this Specification is an Affirmative Action Plan required by the Authority and HUD to which all bidders must comply (if bid is greater than $10,000.00). This plan has been approved by the U.S. Department of Housing and Urban Development (HUD). A Contractor may submit an alternate plan, however, this must be approved by HUD before being accepted by the Authority. Any modifications by HUD to an alternate plan must be carried out by the Contractor. Any minority tenant hired under Section 10, TENANT EMPLOYMENT, may be applied to meet the requirements of the Affirmative Action Plan. Any bid over $10,000.00 submitted without an Affirmative Action Plan shall be considered non-responsive and disqualified.

14. JOB OFFICE 14.1. The Contractor may maintain a field office and temporary storage facilities on the site as

may be necessary to the proper conduct of the work. These shall be located with the approval of the Authority so as to cause no interference to the Residents or Authority personnel or vehicles. Upon completion of the work, or as directed by the Authority, the Contractor shall remove all such temporary structures and facilities from the site and restore the area to original condition.

15. MINIMUM RATES OF PAY 15.1. A schedule of the minimum rates of pay applicable to this Contract are bound in the

Specifications.

16. EQUIPMENT FURNISHED BY OTHERS (Not applicable)

17. NOT USED

18. AMENDMENTS TO GENERAL CONDITIONS 18.1. PERMITS AND CODES: The Contractor, prior to submitting a bid, shall inquire as to the

number and costs of permits required for the execution of the Contract. The Contractor shall pay the cost of all permits. Since this project must be filed with the local Building

A5-4

Department, NO WORK SHALL BEGIN UNTIL ALL REQUIRED PERMITS ARE OBTAINED. A copy of the permits shall be filed with the Authority’s or Architect’s office prior to the start of work.

19. WORK DURING AUTHORITY HOLIDAYS 19.1. The Contractor shall not be allowed to work on Authority Holidays unless the following

conditions are met: 19.1.1. Prior approval is granted by the Architect with the concurrence of the Authority. It is

at the sole discretion of the Architect and the Authority whether to allow work to be conducted.

19.1.2. No work is to be covered up. Prior to concealing or otherwise making it impossible to view work performed, the Contractor shall arrange for and inspection by the Architect.

19.1.3. Temporary protection of work which must remain exposed shall be in accordance with the Specifications. In no case shall work be left unprotected which may be a threat to the health or safety of Residents or Authority personnel.

20. WORK WEEK 20.1. The Authority’s regular work week is Monday to Friday. The hours of work are from 8:00 AM

to 5:00 PM. The Contractor shall conform to this schedule unless written permission is given by the Architect and the Authority to deviate from this schedule.

21. MINORITY BUSINESS ENTERPRISE (MBE) REQUIREMENTS 21.1. Executive Order #11246 as amended and NJSA 18A:36-20 requires construction

contractors to make “good-faith efforts” to employ minority and female craft-workers at a percentage level of 17.4 percent and 6.9 percent respectively in each trade on construction in the covered areas.

21.2. A “Minority Business Enterprise” means a business enterprise that if fifty-one percent (51%) or more owned, controlled and actively operated by one or more persons who are classified as part of a socially and economically disadvantaged group. Such groups include, but are not limited to Blacks, Hispanics, Asian or Pacific Islander, American Indians or Alaskan Natives.

21.3. In submitted a bid, the Contractor must certify that he will provide good faith efforts to comply with the above requirements.

21.4. The Authority shall require that the Contractor provide evidence that the “good faith efforts” requirements are being met for the duration of the contract.

21.5. In the event the Authority determines that the Contractor is not in compliance, or that the condition appears to be developing, the Authority shall then take action necessary to correct the situation in order to be in compliance.

21.6. The above referenced MBE requirements are considered to be an integral and substantive component of this contract.

22. BUSINESS REGISTRATION OF PUBLIC CONTRACT UNDER P.L. 2004, C.57 22.1. Contractor shall be registered with the State of New Jersey under P.L. 2004, C.57.

END OF SPECIAL CONDITIONS

A6-1

WAGE RATES

DETERMINED BY THE SECRETARY OF LABOR PURSUANT TO THE DAVIS – BACON ACT

To be prevailing in the locality with respect to such trade

General Decision Number: NJ170025 11/17/2017 NJ25

Superseded General Decision Number: NJ20160025

State: New Jersey

Construction Type: Building

County: Atlantic County in New Jersey.

BUILDING CONSTRUCTION PROJECTS (does not include single familyhomes or apartments up to and including 4 stories).

Note: Under Executive Order (EO) 13658, an hourly minimum wageof $10.20 for calendar year 2017 applies to all contractssubject to the Davis-Bacon Act for which the contract isawarded (and any solicitation was issued) on or after January1, 2015. If this contract is covered by the EO, the contractormust pay all workers in any classification listed on this wagedetermination at least $10.20 (or the applicable wage ratelisted on this wage determination, if it is higher) for allhours spent performing on the contract in calendar year 2017.The EO minimum wage rate will be adjusted annually. Additionalinformation on contractor requirements and worker protectionsunder the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/06/2017 1 02/10/2017 2 04/21/2017 3 05/19/2017 4 05/26/2017 5 06/09/2017 6 07/28/2017 7 09/29/2017 8 10/06/2017 9 11/10/2017 10 11/17/2017

ASBE0089-004 07/01/2016

Rates Fringes

ASBESTOS WORKER/HEAT & FROST INSULATOR ((includes the application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems; also, the application of firestopping material to openings and penetrations in walls, floors, ceilings and curtain walls; also, all lead abatement))......................$ 42.02 31.83

PAID HOLIDAYS: The last day prior to the Christmas and New Year's Day observed holiday: 4 hrs. pay.

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Rates Fringes

Bricklayer.....................$ 40.00 29.29

Work on high stacks: 22% per hour additional.---------------------------------------------------------------- BRNJ0007-012 07/01/2016

Rates Fringes

Marble setter...................$ 57.32 37.08---------------------------------------------------------------- BRNJ0007-013 06/06/2016

Rates Fringes

Terrazzo finisher..............$ 40.17 25.88---------------------------------------------------------------- BRNJ0007-017 11/22/2016

Rates Fringes

Tile finisher..................$ 40.17 25.88 Tile setter....................$ 46.50 31.38

Tile finisher: Work grouting all epoxy: $10.00 additional per day.

---------------------------------------------------------------- CARP0006-009 11/01/2017

Rates Fringes

CARPENTER (Scaffold Builder).....$ 47.92 57%

The first sixty feet at the regular rate, 10% per hour additional for each additional fifty feet thereafter.

---------------------------------------------------------------- CARP0006-010 11/01/2017

Rates Fringes

CARPENTER Including Acoustical Ceiling Installation, Drywall Hanging, Formwork, Batt and Blown Insulation...$ 47.92 57%---------------------------------------------------------------- CARP0029-006 11/01/2017

Rates Fringes

Soft floor layer...............$ 47.92 57%---------------------------------------------------------------- CARP0715-007 11/01/2017

Rates Fringes

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Millwright.....................$ 48.01 58%+0.15

Work of erection and dismantling of elevators and towers, such as concrete conveyors and temporary material elevators, scaffolding or other structures to be used as scaffolding inside or outside of buildings: the first sixty feet at the regular rate, 10% per hour additional for each additional fifty feet thereafter.

---------------------------------------------------------------- ELEC0351-009 10/02/2017

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ELECTRICIAN (Teledata Technicians) 15 Voice Data Lines or Less.$ 34.62 71.13%+.50 15 Voice or Data Lines or more and Fiber Optics.......$ 46.55 77.03%+.65---------------------------------------------------------------- ELEC0351-011 10/02/2017

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Electricians: Cable splicer on lead cable.$ 46.51 72.54% + .65 Electrician and cable splicer.....................$ 46.55 77.03%+.65---------------------------------------------------------------- ELEV0005-004 01/01/2016

Rates Fringes

Elevator mechanic..............$ 52.79 29.985

PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day.

PAID VACATION: Employer contributes 2% of basic hourly rate as vacation pay credit for 6 months to 5 years of service, and 4% for 5 years or more of service.

---------------------------------------------------------------- ENGI0825-017 02/08/2016

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Power equipment operators: GROUP 1.....................$ 47.70 29.80 GROUP 2.....................$ 46.05 29.80 GROUP 3.....................$ 43.91 29.80 GROUP 4.....................$ 42.91 29.80 GROUP 5.....................$ 40.69 29.80

Hazardous waste removal work: Work on a state or federally designated hazardous waste site, where the worker is in direct contact with hazardous material, and when personal protective equipment is

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required for respiratory, skin and eye protection: 20% per hour additional.

PAID HOLIDAYS: New Year's Day, Washington's Birthday observed, Memorial Day, Independence Day, Labor Day, Presidential Election Day, Veteran's Day, Thanksgiving Day and Christmas Day; provided 1) that the worker works three of the preceding five work days before the holiday; or, the work day before the holiday and the work day after the holiday; and, 2) that the worker works the work day before and the work day after the holiday.

DEFINITION OF GROUPS:

GROUP 1: Backhoe, Including Backhoe Track; Boom; Concrete Paving Machine; Crane (all types, including overhead and straddle traveling type); Drill (down-the-hole drill, rotary drill, self-propelled hydraulic drill, self-powered drill); Elevating Grader; Excavator; Front End Loader (5 cu. yd. and over); Piledriver (length of boom, including length of leads, shall determine premium rate applicable); Trencher

GROUP 2: Backhoe Loader Combo; Concrete Pumper; Grader/Blade (Finish); Hoist; Hydraulic Crane, 10 Tons and under; Front End Loader (2 cu. yd. but less than 5 cu. yd.); Scraper; Side Boom

GROUP 3: Asphalt Spreader; Bulldozer;Compressor(2 or 3) (in Battery) (within 100 ft.); Forklift; Front End Loader (1 cu. yd. and over but less than 2 cu. yd.); Lull; Man Lift/Outside Elevator; Mechanic; Paver, Asphalt; Roller, Blacktop; Tractor;

GROUP 4: Bobcat/Skid Loader; Compressor (Single); Farm Tractor; Front End Loader (under 1 cu. yd.); Hydroseeder; Roller, Grade; Pump, Hydraulic

GROUP 5: Oiler

---------------------------------------------------------------- ENGI0825-018 07/01/2017

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Power equipment operators: Steel erection: GROUP 1....................$ 59.09 29.30 GROUP 2....................$ 57.43 29.30

Hazardous waste removal work: Work on a state or federally designated hazardous waste site, where the worker is in direct contact with hazardous material, and when personal protective equipment is required for respiratory, skin and eye protection: 20% per

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hour additional.

PAID HOLIDAYS: New Year's Day, Washington's Birthday observed, Memorial Day, Independence Day, Labor Day, Presidential Election Day, Veteran's Day, Thanksgiving Day and Christmas Day; provided 1) that the worker works three of the preceding five work days before the holiday; or, the work day before the holiday and the work day after the holiday; and, 2) that the worker works the work day before and the work day after the holiday.

DEFINITION OF GROUPS: GROUP 1:All cranes with boom including jib, 140 ft. and over.

GROUP 2:All cranes with boom including jib, less than 140 ft.

---------------------------------------------------------------- IRON0350-006 07/01/2016

Rates Fringes

Ironworkers: Reinforcing.................$ 47.02 37.75 Structural and Ornamental...$ 48.02 37.75---------------------------------------------------------------- LABO0008-001 05/01/2011

Rates Fringes

Asbestos Removal Laborer.........$ 28.37 21.62

The removal, abatement, enclosure and decontamination of personal protective equipment, chemical protective clothing and machinery relating to asbestos and/or toxic and hazardous waste or materials which shall include but not necessarily be limited to: the erection, moving, servicing and dismantling of all enclosures, scaffolding and barricades; the operation of all tools and equipment normally used in the removal or abatement of asbestos and toxic or hazardous waste or materials; the labeling, bagging, cartoning, crating, or other packaging of materials for disposal; the clean-up of the worksite; and all other work incidental to the removal, abatement, encapsulation, enclosure, and decontamination of asbestos and toxic or hazardous waste or materials; and, in addition, all work tasks involved in the maintenance and operation of energy resource recovery plants (co-generation plants)

---------------------------------------------------------------- LABO0222-006 07/01/2012

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LABORER MASON TENDER:

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Brick/Cement/Concrete.......$ 29.85 23.07---------------------------------------------------------------- LABO0222-007 07/01/2012

Rates Fringes

Laborers: Asphalt Raker, Asphalt Shoveler, Asphalt Spreader, Common or General Laborer, Landscape Laborer, Pipelayer, Power Toole Operator and Screedman...................$ 29.35 23.07---------------------------------------------------------------- PAIN0021-035 05/01/2017

Rates Fringes

Glazier........................$ 41.30 31.15

Work at 30 ft. above the working surface, or on a swing stage: $1.00 per hour additional.

---------------------------------------------------------------- PAIN0711-018 05/01/2017

Rates Fringes

DRYWALL FINISHER/TAPER...........$ 39.50 23.20---------------------------------------------------------------- PAIN0711-019 05/01/2017

Rates Fringes

PAINTER (Brush & Roller).........$ 39.25 22.66PAINTER (Spray)..................$ 40.28 19.98---------------------------------------------------------------- PLAS0008-007 05/01/2015

Rates Fringes

Plasterer......................$ 36.87 26.33---------------------------------------------------------------- PLAS0592-036 05/01/2016

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 40.02 31.77---------------------------------------------------------------- PLUM0322-009 05/01/2016

Rates Fringes

PIPEFITTER (Including HVAC Pipe Installation)...............$ 44.42 36.34PLUMBER (Excluding HVAC Pipe Installation)....................$ 44.42 36.34---------------------------------------------------------------- ROOF0030-027 05/01/2017

Rates Fringes

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Roofer SHINGLES....................$ 36.15 29.76 SLATE AND TILE..............$ 36.15 29.76 ALL OTHER WORK..............$ 36.15 29.76

Mopper, and operator of felt-laying machine: $.50 per hour additional.

Work applying roofing material, on any new construction job, on those days on which a felt-laying machine or slag dispensing machine is used: $.50 per hour additional.

PAID HOLIDAY: The last working day before Christmas, to be paid at the rate of four hours pay.

---------------------------------------------------------------- SFNJ0669-006 04/01/2017

Rates Fringes

SPRINKLER FITTER (Fire Sprinklers)......................$ 49.15 23.08---------------------------------------------------------------- SHEE0027-009 06/01/2012

Rates Fringes

SHEET METAL WORKER (Including HVAC Duct Installation)..........$ 43.08 32.52----------------------------------------------------------------* TEAM0331-002 05/01/2017

Rates Fringes

Truck drivers: Dump Truck Drivers..........$ 36.53 19.44 Off the Road Truck..........$ 36.88 19.44

Hazardous waste removal work: Work on a state or federally designated hazardous waste site, where the worker is in direct contact with hazardous material, and when personal protective equipment is required for respiratory, skin and eye protection: $3.00 per hour additional.

Work on a state or federally designated hazardous waste site where the worker is not working in a zone requiring Level A, B or C personal protection: $1.00 per hour additional.

PAID HOLIDAYS: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Presidential Election Day, Veteran's Day, Thanksgiving Day and Christmas Day.

BEREAVEMENT LEAVE: Any worker having a death in his or her immediate family (parent, spouse, child, brother or sister, mother-in-law or

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father-in-law) shall be given three days time off with pay at the time of death upon furnishing proof of said death. This provision shall also apply to grandparents, when living with the worker.

----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performingoperation to which welding is incidental.

================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leavefor Federal Contractors applies to all contracts subject to theDavis-Bacon Act for which the contract is awarded (and anysolicitation was issued) on or after January 1, 2017. If thiscontract is covered by the EO, the contractor must provideemployees with 1 hour of paid sick leave for every 30 hoursthey work, up to 56 hours of paid sick leave each year.Employees must be permitted to use paid sick leave for theirown illness, injury or other health-related needs, includingpreventive care; to assist a family member (or person who islike family to the employee) who is ill, injured, or has otherhealth-related needs, including preventive care; or for reasonsresulting from, or to assist a family member (or person who islike family to the employee) who is a victim of, domesticviolence, sexual assault, or stalking. Additional informationon contractor requirements and worker protections under the EOis available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included withinthe scope of the classifications listed may be added afteraward only as provided in the labor standards contract clauses(29CFR 5.5 (a) (1) (ii)).

----------------------------------------------------------------

The body of each wage determination lists the classificationand wage rates that have been found to be prevailing for thecited type(s) of construction in the area covered by the wagedetermination. The classifications are listed in alphabeticalorder of "identifiers" that indicate whether the particularrate is a union rate (current union negotiated rate for local),a survey rate (weighted average rate) or a union average rate(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosedin dotted lines beginning with characters other than "SU" or"UAVG" denotes that the union classification and rate wereprevailing for that classification in the survey. Example:PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier ofthe union which prevailed in the survey for thisclassification, which in this example would be Plumbers. 0198indicates the local union number or district council numberwhere applicable, i.e., Plumbers Local 0198. The next number,005 in the example, is an internal number used in processingthe wage determination. 07/01/2014 is the effective date of themost current negotiated rate, which in this example is July 1,

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2014.

Union prevailing wage rates are updated to reflect all ratechanges in the collective bargaining agreement (CBA) governingthis classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate thatno one rate prevailed for this classification in the survey andthe published rate is derived by computing a weighted averagerate based on all the rates reported in the survey for thatclassification. As this weighted average rate includes allrates reported in the survey, it may include both union andnon-union rates. Example: SULA2012-007 5/13/2014. SU indicatesthe rates are survey rates based on a weighted averagecalculation of rates and are not majority rates. LA indicatesthe State of Louisiana. 2012 is the year of survey on whichthese classifications and rates are based. The next number, 007in the example, is an internal number used in producing thewage determination. 5/13/2014 indicates the survey completiondate for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until anew survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicatethat no single majority rate prevailed for thoseclassifications; however, 100% of the data reported for theclassifications was union data. EXAMPLE: UAVG-OH-001008/29/2014. UAVG indicates that the rate is a weighted unionaverage rate. OH indicates the state. The next number, 0010 inthe example, is an internal number used in producing the wagedetermination. 08/29/2014 indicates the survey completion datefor the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January ofeach year, to reflect a weighted average of the currentnegotiated/CBA rate of the union locals from which the rate isbased.

----------------------------------------------------------------

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This canbe:

* an existing published wage determination* a survey underlying a wage determination* a Wage and Hour Division letter setting forth a position on a wage determination matter* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requestsfor summaries of surveys, should be with the Wage and HourRegional Office for the area in which the survey was conductedbecause those Regional Offices have responsibility for the

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Davis-Bacon survey program. If the response from this initialcontact is not satisfactory, then the process described in 2.)and 3.) should be followed.

With regard to any other matter not yet ripe for the formalprocess described here, initial contact should be with theBranch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then aninterested party (those affected by the action) can requestreview and reconsideration from the Wage and Hour Administrator(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

The request should be accompanied by a full statement of theinterested party's position and by any information (wagepayment data, project description, area practice material,etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, aninterested party may appeal directly to the AdministrativeReview Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

================================================================

END OF GENERAL DECISION

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BID PROPOSAL FORM

BID PROPOSAL FORM

Pleasantville Housing Authority Curtainwall Sealant Replacement

140 N Main Street, Pleasantville, NJ Date:____________________________

Firm: _________________________________________

We, the undersigned, having examined the Specifications, related documents and the site of the proposed work and being familiar with the existing conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby propose to furnish all labor, materials, equipment and supplies, and within the time set forth therein, and at the price stated. This price shall cover all expenses incurred in the performance of the work required by the Contract Documents, of which this proposal is a component. The Housing Authority reserves the right to award and execute a contract for the performance of any, all or none of the work contained in the contract documents.

SINGLE BID - lump sum for project noted above and as indicated on the contract documents. The authority reserves the right to award any, all or none of the work indicated. Submit bid in words and numbers. In the event of discrepancies, words shall prevail.

The undersigned propose to furnish all labor, materials for the Curtainwall Sealant Replacement located on 140 N Main Street, Pleasantville, NJ, as indicated on bidding documents for:

Proprietary Specification Requirements: The Specifications indicate only a single product and manufacturer for the sealant. THE SEALANT FOR THIS PROJECT IS PROPRIETORY and NO SUBSTITUTIONS WILL BE PERMITTED since the sealant for this project needs to match the sealant installed in the recent window replacement projects in this building.

TOTAL CURTAINWALL SEALANT REPLACEMENTFOR 140 N MAIN __________________________________________________________ _ ($ ) .

BID PROPOSAL FORM

UNIT PRICES (REFER TO SECTION 01026)

UNIT PRICE No 1 – Removal, Joint Preparation, Supply, and Install Sealant Joint type A.

Description: Additional removal, preparation of the joints, supply, and installation of sealant joint type A.

Unit of Measurement: : Per Unit Price including all labor and material to removal, preparation of the joints, supply, and completely install one (1) lineal feet (LF) of sealant joint type A.

____________________________________________( $/per LF)

UNIT PRICE No 2 – Removal, Joint Preparation, Supply, and Install Sealant Joint type B.

Description: Additional removal, preparation of the joints, supply, and installation of sealant joint type B.

Unit of Measurement: : Per Unit Price including all labor and material to removal, preparation of the joints, supply and completely install one (1) lineal feet (LF) of sealant joint type B.

____________________________________________( $/per LF)

Prices to hold good for the length of the contract if awarded within sixty (60) days after receipt of bids.

The Contractor must complete required information on the original and all supplemental pages of this proposal. If the information is not properly completed or is not received on time, the bid proposal shall not be read and / or deemed non-responsive.

Contractor acknowledges work shall commence on the site no later than Thirty (30) CALENDAR days after receipt of a Notice to Proceed.

Bidder acknowledges receipt of the following Addendum: ADDENDUM NUMBER Date of Addendum

In submitting this bid, it is agreed: - the bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for bids, - to comply with the provisions of the Instruction to Bidders, - if awarded, to enter into and execute a Contract on the basis of the Proposal, - to perform the work of the Project in accordance with the Contract Documents and complete the Project in Ninety (90) CALENDAR DAYS.

BID PROPOSAL FORM

Upon receipt of written notice of the acceptance of this bid, the Bidder shall execute the formal contract within ten (10) calendar days and deliver a performance and payment bond as required in the instructions to Bidders. Submitted by: (Seal) (if bid is by a corporation) By : (Name of Firm)

FEDERAL ID NUMBER (Signature)

(Representative name and Title)

(Business Address

(Telephone Number) (Fax Number)

(email address)

A8-1

AFFIRMATIVE ACTION AFFIDAVIT

(This Affidavit is part of the Proposal)

(Project’s Name)

(Contractor’s Name)

(Contractor’s Address)

(Contract Date)

The Pleasantville Housing Authority is an Equal Employment Opportunity employer pursuant to Federal

and State Regulations in accordance with the Public Laws of 1975, Chapter 127 and all of its latest

amendments.

Contractors providing goods and services to the Corporation must agree to comply with the following:

1- Rules and Regulations of the Affirmative Action Laws of the State of New Jersey, Public Laws

1975, Chapter 127.

2- Requirements stated in N.J.A.C. 17:27 “Affirmative Action Requirements for Public Agencies in

Awarding of Contracts”.

State of New Jersey County of )

Subscriber has Sworn to before me this day of , 201

Notary Public of My Commission Expires

.)

.

A8-2

.

AFFIRMATIVE ACTION QUESTIONNAIRE SUPPLEMENT TO BID SPECIFICATIONS FOR PROCUREMENT AND SERVICE CONTRACTS

1. Our company has a federal Affirmative Action Plan approval.

YES No

A. If yes, a photostatic copy of said approval shall be submitted to the Housing Authority within seven (7) working days of the notice of intent to award the contract or the signing of the contract.

2. Our company has a New Jersey State Certificate of Approval.

YES No

A. If yes, a copy of the New Jersey State Certificate shall be submitted to the Housing Authority within seven (7) working days of the notice of intent to award the contract or the signing of the contract.

3. If you answered NO to both questions above, an Affirmative Action Employee Information Report (AA-302) will be mailed to you. Complete the form and forward it to the Affirmative Action Office, Department of the Treasury, CN209, Trenton, NJ 08625. A copy shall be submitted to the Board of Education within seven (7) days of the notice of the intent to award the contract or the signing of the contract.

I certify that the above information is correct to the best of my knowledge.

NAME:

ADDRESS:

Mandatory Affirmative Action Language

In accordance with the Affirmative Action Regulations adopted pursuant to N.J.S.A. l0:5-3 I et. seq. andN.J.A.C. 17:27,the following is made a part of this Contract:

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

a. The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant foremployment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual

orientation, gender identity or expression, disability, nationalify or sex. Except with respect to affectional orsexual orientation and gender identity or expression, the contractor will ensure that equal employmentopportunity is afforded to such applicants in recruitment and employment, and that employees are treated duringemployment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectionalor sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment

oppornrnity shall include, but not be limited to the following: employment, up-grading, demotion, or transfer;recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and

selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, availableto employees and applicants for employment, notices to be provided by the Public Agency Compliance Officersetting forth provisions of this nondiscrimination clause.

b. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employeesplaced by or on behalfofthe contractor, state that all qualified applicants will receive consideration foremployment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional orsexual orientation, gender identity or expression, disabiliry, nationality or sex.

The contractor or subcontractor will send to each labor union, with which it has a collective bargainingagreement, a notice, to be provided by the agency contracting officer, advising the labor union or workers'representative of the contractor's commitments under this act and shall post copies of the notice in conspicuousplaces available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by theTreasurer, pursuant to N.J.S.A. l0:5-3 I et seq., as amended and supplemented from time to time and theAmericans with Disabilities Act.

When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make

good faith efforts to employ minority and women workers in each construction trade consistent with the

targeted employment goal prescribed by N.J.A.C .17:27 7 .2: provided, however, that the Dept. of LWD,Construction EEO Monitoring Program may, in its discretion, exempt a contractor or subcontractor fromcompliance with the good faith procedures prescribed by the following provisions, A, B and C, as long as the

Dept. of LWD, Construction EEO Monitoring Program is satisfied that the contractor or subcontractor is

employing workers provided by a union which provides evidence, in accordance with standards prescribed bythe Dept. of LWD, Construction EEO Monitoring Program, that its percentage of active "card carrying"members who are minority and women workers is equal to or greater than the targeted employment goal

established in accordance with N.J.A.C .17:27 -7 .2. The contractor or subcontractor agrees that a good faith

effort shall include compliance with the following procedures:

(A) If the contractor or subcontractor has a referral agreement or alrangement with a union for a construction

trade, the contractor or subcontractor shall, within three business days ofthe contract award, seek

assurances from the union that it will cooperate with the contractor or subcontractor as it fulfills its

affirmative action obligations under this contract and in accordance with the rules promulgated by the

Treasurer pursuant to N.J.S.A. l0:5-3 I et. seq., as supplemented and amended from time to time and the

Americans with Disabilities Act. If the contractor or subcontractor is unable to obtain said assurances liomthe construction trade union al least five business days prior to the commencement of construction work,

the contractor or subcontractor agrees to afford equal employment opportunities minority and women

e.

d.

workers directly, consistent with this chapter. If the contractor's or subcontractor's prior experience with a

construction trade union, regardless ofwhether the union has provided said assurances, indicates a

significant possibility that the trade union will not refer sufficient minorify and women workers consistentwith affording equal employment oppornrnities as specified in this chapter, the contractor or subcontractoragrees to be prepared to provide such opportunities to minority and women workers directly, consistentwith this chapter, by complying with the hiring or scheduling procedures prescribed under (B) below; and

the contractor or subcontractor further agrees to take said action immediately if it determines that the unionis not referring minority and women workers consistent with the equal employment opportunity goals set

forth in this chapter.

(B) If good faith efforts to meet targeted employment goals have not or cannot be met for each constructiontrade by adhering to the procedures of(A) above, or ifthe contractor does not have a referral agreement orarrangement with a union for a consffuction trade, the contractor or subcontractor agrees to take thefollowing actions:

(l) To notiff the public agency compliance officer, the Dept. of LWD, Construction EEO MonitoringProgram, and minorify and women referral organizations listed by the Division pursuant to N.J.A.C.17:27-5.3, of its workforce needs, and request referral of minority and women workers;

(2) To notifu any minority and women workers who have been listed with it as awaiting availablevacancies;

(3) Prior to commencement of work, to request that the local construction trade union refer minority and

women workers to fill job openings, provided the contractor or subcontractor has a referral agreement

or arrangement with a union for the construction trade;

(4) To leave standing requests for additional referral to minority and women workers with the local

construction trade union, provided the contractor or subcontractor has a referral agreement or

arrangement with a union for the construction trade, the State Training and Employment Service and

other approved referral sources in the area;

(5) If it is necessary to lay off some of the workers in a given frade on the construction site, layoffs shall be

conducted in compliance with the equal employment opportunity and non-discrimination standards set

forth in this regulation, as well as with applicable Federal and State court decisions;

(6) To adhere to the following procedure when minority and women workers apply or are referred to the

contractor or subcontractor:

(i) The contactor or subcontractor shall interview the referred minority or women worker.

(ii) If said individuals have never previously received any document or certification signi$ing a level

of qualification lower than that required in order to perform the work of the construction trade, the

contractor or subcontractor shall in good faith determine the qualifications ofsuch individuals.

The contractor or subcontractor shall hire or schedule those individuals who satisry appropriate

qualification standards in conformify with the equal employment opportunity and non-

discrimination principles set forth in this chapter. However, a contractor or subcontractor shall

determine that the individual at least possesses the requisite skills, and experience recognized by a

union, apprentice program or a referral agency, provided the referral agency is acceptable to the

Dept. of LWD, Construction EEO Monitoring Program. If necessary, the contractor or

subcontractor shall hire or schedule minority and women workers who qualify as trainees pursuant

to these rules. All of the requirements, however, are limited by the provisions of (C) below.

(iii) The name of any interested women or minority individual shall be maintained on a waiting list,

and shall be considered for employment as described in (i) above, whenever vacancies occur. At

the request of the Dept. of LWD, Construction EEO Monitoring Program, the contractor or

subcontractor shall provide evidence of its good faith efforts to employ women and minoritiesfrom the list to fill vacancies.

(iv) If, for any reason, said contractor or subcontractor determines that a minority individual or awoman is not qualified or if the individual qualifies as an advanced trainee or apprentice, thecontractor or subcontractor shall inform the individual in writing ofthe reasons for thedetermination, maintain a copy of the determination in its files, and send a copy to the publicagency compliance officer and to the Dept. of LWD, Construction EEO Monitoring Program.

(7) To keep a complete and accurate record of all requests made for the referral of workers in any tradecovered by the contract, on forms made available by the Dept. of LWD, Construction EEO MonitoringProgram and submitted promptly to the Dept. of LWD, Construction EEO Monitoring Program uponrequest.

(C) The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the contractor orsubcontractor from complying with the union hiring hall or apprenticeship policies in any applicablecollective bargaining agreement or union hiring hall arrangement, and, where required by custom oragreement, it shall send journeymen and trainees to the union for referral, or to the apprenticeship programfor admission, pursuant to such agreement or alrangement. However, where the practices of a union orapprenticeship program will result in the exclusion of minorities and women or the failure to referminorities and women consistenl with the targeted county employment goal, the contractor or subconffactorshall consider for employment persons referred pursuant to (B) above without regard to such agreement orarrangement; provided further, however, that the contractor or subcontractor shall not be required toemploy women and minority advanced frainees and trainees in numbers which result in the employment ofadvanced trainees and trainees as a percentage ofthe total workforce forthe construction trade, whichpercentage significantly exceeds the apprentice tojourney worker ratio specified in the applicablecollective bargaining agreement, or in the absence of a collective bargaining agreement, exceeds the ratioestablished by practice in the area for said construction trade. Also, the contractor or subcontractor agreesthat, in implementing the procedures of (B) above, it shall, where applicable, employ minority and womenworkers residing within the geographical jurisdiction of the union.

After notification of award, but prior to signing a construction contract, the contractor shall submit to thepublic agency compliance officer and the Dept. of LWD, Construction EEO Monitoring Program an initialproject workforce report (Form AA 201) electronically provided to the public agency by the Dept. of LWD,Construction EEO Monitoring Program, through its website, for distribution to and completion by the

contractor, in accordance with N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the

Monthly Project Workforce Report once a month thereafter for the duration of this contract to the Divisionand to the public agency compliance officer.

The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is

necessary, for on-the-job and/or off-the-job programs for outreach and training of minorities and women.

(D) The contractor and its subcontractors shall furnish such reports or other documents to the Dept. of LWD,Construction EEO Monitoring Program as may be requested by the Dept. of LWD, Construction EEO

Monitoring Program from time to time in order to carry out the purposes of these regulations, and public

agencies shall furnish such information as may be requested by the Dept. of LWD, Construction EEO

Monitoring Program for conducting a compliance investigation pursuant to Subchapter l0 of theAdministrative Code (NJAC 17:27).

At the time the Owner submits a contract for signing to the construction contractor the construction

contractor shall complete and submit an initial Project Workforce Report Form AA 201. Proper

completion and submission of this report shall constitute evidence of the contractor's compliance with the

regulations. Failure to submit this form may result in the contract being terminated. The contractor also

agrees to submit a copy of the Monthly Project Workforce Report Form AA 202 once a month thereafter

for the duration of the contract to the Division and to the public agency compliance officer.

A9-1

MININUM INSURANCE REQUIREMENTS

For

NEW CONSTRUCTION/RENOVATION/MODERNIZATION PROJECTS

Commercial General Liability:

General Aggregate $1,000,000.00 Prod-Comp/Op Aggregate $1,000,000.00 Personal & Adv Injury $1,000,000.00 Each Occurrence $1,000,000.00 Fire Damage (one fire) $ 50,000.00 Medical Expense (one per) $ 5,000.00

Automobile Liability:

Combined Single Limit $1,000,000.00

Excess Liability – Umbrella Form:

Each Occurrence $1,000,000.00

Workers Compensation and Employer’s Liability

Each Accident $ 100,000.00 Disease - Policy Limit $ 500,000.00 Disease – Each Employee $ 100,000.00

The Pleasantville Housing Authority and Cristina Buendicho Architect, LLC (CBArchitect) shall be named additional insurers.

A10-1

STATEMENT OF OWNERSHIP (OWNERSHIP DISCLOSURE CERTIFICATION)

N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)

This Statement Shall Be Included with All Bid and Proposal Submissions

Name of Business:______________________________________________________ Address of Business:____________________________________________________ Name of person completing this form:______________________________________ N.J.S.A. 52:25-24.2:

"No corporation, partnership, or limited liability company shall be awarded any contract nor shall any agreement be entered into for the performance of any work or the furnishing of any materials or supplies, unless prior to the receipt of the bid or proposal, or accompanying the bid or proposal of said corporation, said partnership, or said limited liability company there is submitted a statement setting forth the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. If one or more such stockholder or partner or member is itself a corporation or partnership or limited liability company, the stockholders holding 10 percent or more of that corporation’s stock, or the individual partners owning 10 percent or greater interest in that partnership, or the members owning 10 percent or greater interest in that limited liability company, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member, exceeding the 10 percent ownership criteria established in this act, has been listed. To comply with this section, a bidder with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest."

A10-2

The Attorney General has advised that the provisions of N.J.S.A. 52:25-24.2, which refer to corporations and partnerships apply to limited partnerships, limited liability partnerships, and Subchapter S corporations. This Ownership Disclosure Certification form shall be completed, signed and notarized.

Failure of the bidder/proposer to submit the required information is cause for

automatic rejection of the bid or proposal Part I Check the box that represents the type of business organization:

Sole Proprietorship (skip Parts II and III, sign and notarize at the end)

Non-Profit Corporation (skip Parts II and III, sign and notarize at the end)

Partnership Limited Partnership Limited Liability Partnership

Limited Liability Company

For-profit Corporation (including Subchapters C and S or Professional Corporation)

Other (be specific): ______________________________________________ Part II

I certify that the list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be.

OR

I certify that no one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or that no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be.

Sign and notarize the form below, and, if necessary, complete the list below. (Please attach additional sheets if more space is needed):

A10-3

Name: ______________________________ Name: ______________________________

Address: _______________________ ____________________________________

Address: _______________________ ____________________________________

Name: ______________________________ Name: ______________________________

Address: _______________________ ____________________________________

Address: _______________________ ____________________________________

Name: ______________________________ Name: ______________________________

Address: _______________________ ____________________________________

Address: _______________________ ____________________________________

Name: ______________________________ Name: ______________________________

Address: _______________________ ____________________________________

Address: _______________________ ____________________________________

Name: ______________________________ Name: ______________________________

Address: _______________________ ____________________________________

Address: _______________________ ____________________________________

Name: ______________________________ Name: ______________________________

Address: _______________________ ____________________________________

Address: _______________________ ____________________________________

A10-4

Part III - Any Direct or Indirect Parent Entity Which is Publicly Traded: “To comply with this section, a bidder with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest.”

Pages attached with name and address of each publicly traded entity as well as the name and address of each person that holds a 10 percent or greater beneficial interest.

ORSubmit here the links to the Websites (URLs) containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent. __________________________________________________________ _________________________________________________________ AND

Submit here the relevant page numbers of the filings containing the information on each person holding a 10 percent or greater beneficial interest. _____________________________________________________ _____________________________________________________ Subscribed and sworn before me this ___ day of ___________________________ , 2 ______. (Notary Public) My Commission expires:

________________________________________ (Affiant)

________________________________________ (Print name of affiant and title if applicable) (Corporate Seal if a Corporation)

A11-1

QUALIFICATION STATEMENT

NAME OF THE CONTRACTOR:

ADDRESS:

a. If applicable, what equipment do you own that is available and intended to be used on this project. Provide a description as to the quantity, size, type and capacity of this equipment along with its present condition.

b. If applicable, what equipment do you intend to purchase or lease for use for this service? Provide a description of the quantity, size, type, and capacity of the equipment you intend to lease or purchase.

c. How many years have your organization been in business performing the work for projects with the similar scope and quality?

d. If a corporation, answer the following: LLC Incorporation E.1 - Date of incorporation: E.2 - State of incorporation E.3 - President’s name(s) E.4 - Vice President’s name(s)

e. If individual or partnership answer the following: Sole proprietor F.1 - Date of incorporation

F.2 - Name and Address of all partners (state whether General of Limited Partnership):

f. We normally perform %of the work with our own forces, general character of work performed by our company.

A11-2

g. Have you ever failed to complete any work awarded to you? If so, state circumstances.

h. Has any other officer or partner of your organization even been an officer or a partner of some other organization that failed to complete a contract? If so, state the name of individual, other organization and reason therefore.

i. Has any officer or partner of your organization ever failed to complete a contract handled in own name ? If yes, state name of individual name of owner and reason therefore.

j. Are there any liens, of any character, filed against your company at this time?, _______ if yes, specify the nature and amount of lien.

k. In what manner have you inspected the proposed project? Explain in detail:

l. The work, if awarded to you will have the personal supervision of whom?

m. Do you intend to subcontract any portion of the work? If so, state which portion is to be subcontracted.

A11-3

n. Have you made contracts or received firm offers for all materials within price use in preparing your proposal? Do not give names of dealers or manufacturers:

o. Give bank references:

2. It shall be necessary for the proposer to present a financial statement indicating the condition of his company of not more six months prior to the bid submission.

ASSETS

Cash in Hand

Cash in Bank

Name of said Bank

Account Receivable from Complete Contracts

Real Estate Used for Business

Equipment Owned

Value of Material in Stock

Value of Furniture and Fixtures Owned

Other Assets

LIABILITIES

Notes Payable to Bank

Notes Payable to equipment Obligations

Note Payable to Other Obligations

Account Payable

Other Liabilities

A12-1

BIDDER’S NON-COLLUSION AFFIDAVIT

(This Affidavit is part of the Proposal)

Project:

Name of Bidder:

Address of Bidder:

State of New Jersey

County of

I, (Name)

Being duly sworn, deposes and says that she/he resides at

that she/he is the

who signed the (Give Title) above Proposal or Bid, that he/she was duly authorized to sign and that the Bid is the true offer of the Bidder, that the seal attached is the seal of the Bidder and that all the declarations and statement contained in the Bid are true to the best of his/her knowledge and belief.

And that this Proposal is genuine and not collusive or sham; that the Bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, or person, to put in a sham Proposal or to refrain from Bidding; and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the Proposal price of the affiant or of any other Bidder, or to secure any advantage against the Authority, or any person interested in the proposed Contract; and that the Bidder has not in any way entered into any action in restraint of free, competitive Bidding in connection with this Project.

The Bidder further certifies that he/she has never been convicted or found liable for any act prohibited by State or Federal Law involving conspiracy or collusion with respect to Proposing or Bidding on any Public Contract. Such act or conviction does not automatically disqualify a Bidder, but may be grounds for administrative suspension or ground for consideration by the Authority as to whether the Authority should decline to award a Contract to such a Bidder on the basis of a lack of responsibility.

Signature of Contractor (Seal)

Subscriber has Sworn to before me this day of , 201

Notary Public of My Commission Expires

A13-1

COMPLETED CONTRACTS

Bidder shall sign and complete this form and submit it with your proposal

PROJECT:

NAME OF BIDDER:

ADRESS OF BIDDER:

BIDDER SHALL COMPLETE THESE FORM INDICATING THE SIGNIFICANT PROJECTS WITH THE SIMILAR SCOPE AND QUALITY COMPLETED IN THE LAST FIVE YEARS

PROJECT # 1

OWNER:

LOCATION:

PROJECT DESCRIPTION:

AMOUNT OF BUILDINGS WITH CURTAINWALL SEALANT JOINTS REPLACEMENT FOR THE ENTIRE BUILDING______________________________-

DATE STARTED: ______________ DATE COMPLETED:___________________

CONTRACT AMOUNT:

PROJECT # 2

OWNER:

LOCATION:

PROJECT DESCRIPTION:

AMOUNT OF BUILDINGS WITH CURTAINWALL SEALANT JOINTS REPLACEMENT FOR THE ENTIRE BUILDING______________________________

DATE STARTED: ______________ DATE COMPLETED:___________________

CONTRACT AMOUNT:

A13-2

PROJECT # 3

OWNER:

LOCATION:

PROJECT DESCRIPTION:

AMOUNT OF BUILDINGS WITH CURTAINWALL SEALANT JOINTS REPLACEMENT FOR THE ENTIRE BUILDING______________________________

DATE STARTED: ______________ DATE COMPLETED:___________________

CONTRACT AMOUNT:

PROJECT # 4

OWNER:

LOCATION:

PROJECT DESCRIPTION:

AMOUNT OF BUILDINGS WITH CURTAINWALL SEALANT JOINTS REPLACEMENT FOR THE ENTIRE BUILDING______________________________

DATE STARTED: ______________ DATE COMPLETED:___________________

CONTRACT AMOUNT:

PROJECT # 5

OWNER:

LOCATION:

PROJECT DESCRIPTION:

AMOUNT OF BUILDINGS WITH CURTAINWALL SEALANT JOINTS REPLACEMENT FOR THE ENTIRE BUILDING______________________________

DATE STARTED: ______________ DATE COMPLETED:___________________

CONTRACT AMOUNT:

A14-1

CURRENT CONTRACTS

Bidder shall sign and complete this form and submit it with your proposal

PROJECT:

NAME OF BIDDER:

ADRESS OF BIDDER:

BIDDER SHALL COMPLETE THESE FORM INDICATING THE CURRENT PROJECTS THAT YOUR COMPANY IS IN THE PROCESS OF COMPLETING OR ANY PROJECTS THAT ARE ON HOLD.

PROJECT # 1

OWNER:

LOCATION:

PROJECT DESCRITION:

DATE STARTED: ______________

ESTIMATED DATE TO BECOMPLETED:___________________

CONTRACT AMOUNT:

PROJECT # 2

OWNER:

LOCATION:

PROJECT DESCRITION:

DATE STARTED: ______________

ESTIMATED DATE TO BECOMPLETED:___________________

CONTRACT AMOUNT:

A14-2

PROJECT # 3

OWNER:

LOCATION:

PROJECT DESCRITION:

DATE STARTED: ______________

ESTIMATED DATE TO BECOMPLETED:___________________

CONTRACT AMOUNT:

PROJECT # 4

OWNER:

LOCATION:

PROJECT DESCRITION:

DATE STARTED: ______________

ESTIMATED DATE TO BECOMPLETED:___________________

CONTRACT AMOUNT:

PROJECT # 5

OWNER:

LOCATION:

PROJECT DESCRITION:

DATE STARTED: ______________

ESTIMATED DATE TO BE COMPLETED:___________________

CONTRACT AMOUNT:

CONTRACT FOR CONSTRUCTION A15-1

CONTRACT FOR CONSTRUCTION

Pleasantville Housing Authority

CURTAINWALL SEALANT REPLACEMENT

140 North Main Street, Pleasantville, NJ. 08232

.

This agreement made on _____________________, between (Name of Contractor)_____________________________________________________________

(Address of Contractor)____________________________________________________________

Hereinafter referred to as the “Contractor”, and the Pleasantville Housing Authority, 168 North Main Street, Pleasantville, New Jersey 08232, hereinafter referred to as the “Corporation”.

The Contractor and the Corporation mutually agree as follows:

1. Scope of Work: The Contractor shall furnished all labor, materials, tools and equipment, and shall perform and complete all work, required in the Contract Documents for the Curtainwall Sealant replacement, located on 140 N Main Street, Pleasantville, NJ, in accordance with requirements specified in the Contract Documents.

2. Completion Time: The Contractor shall start work under this Contract on the date specified in the written Notice to Proceed issued by the Corporation, and shall fully complete all work within Ninety (90) Calendar days. If the Contractor fails to complete the work within the specified calendar days specified, the Contractor shall be liable for Liquidated Damages for the amount of Five Hundred Dollars ($500)

3. Contract Price: The Contract Price for this work shall be the ______________________________________________($ )

4. Payment: Payment shall be made is indicated in the Contract Documents.

5. Contract Documents: The Contract Documents shall consist on the following: a. This Agreement, b. The Invitation for Bid, c. The Project Manual for this Work, including all scope of the Work, technical specifications, the drawings, as well as any and all other documents of the Project Manual, d. Any and all Addenda that may have been issued, and e. The Contractor’s Bid as accepted by the Corporation. This Agreement together with the Documents enumerated above as a, b, c, d and e, constitutes the Contract for Construction, and they are fully a part of the Contract as if attached or herein repeated. In the event that any provisions in any of the components parts of the Contract conflicts with any other component parts of the Contract, the provision of the Project Manual for this Work shall govern except as otherwise specifically indicated.

PAGE 2 .

Sealant Replacement 140 N Main Street, Pleasantville, NJ

CONTRACT FOR CONSTRUCTION A15-2

In WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the date and year above written. (Seal) (if bid is by a corporation) By: (Name of Firm)

In the presence of: (Signature)

(Witness signature) (Name of Authorized Person)

(Witness signature) (Title)

(Business Address)

(Telephone Number)

(Email)

(Seal)

Pleasantville Housing Authority In the presence of:

(Witness signature) Vernon Lawrence, PHM, Executive Director

(Business Address)

(Telephone Number)

A16-1

BID BOND (This Form is part of the Proposal) PROJECT: _____________________________________________________________________ NAME of BIDDER/PRINCIPAL:____________________________________________ KNOW ALL MEN BY THESE PRESENTS, that we, ______________________________________________________________________ (hereinafter called the “Principal”), as Principal, and _______________________________________________________________ ____________________________________a _______________________ corporation authorized to transact business in New Jersey and having principal office at _____________________________________________________________________ hereinafter called the Surety, are held and firmly bound unto Pleasantville Housing Authority 168 N Main Street Pleasantville, NJ 08232 (here in after called the Obligee) in the sum of____________________________________________________________________( $ ______________________________________________), Lawful money of the United States of America, for payment of which we bind ourselves, and each of our respective heirs, legal representatives, successors and assigns, jointly and severally, by these present on this ______ day of __________________, 20__. WHEREAS, said principal is herewith submitting to the Obligee a proposal to perform the Contract work for___________________________________________________________________________ for the Pleasantville Housing Authority. Pursuant to Drawings, Specifications and other Contract Documents incorporated into said proposal by reference, and it is a condition of the Obligor’s receipt and consideration of said proposal that the proposal be accompanied by bid security to be held by the Oblige on terms embodied herein.

THEREFORE, the condition of this obligation is that, if said Principal shall furnish a Performance and Payment Bond to the Oblige upon the Obligor’s delivery to the Principal of five (5) days’ notice of intention to accept his proposal and to make a formal award of Contract to him, and shall enter into such Contract and shall furnish insurance certificates in all respects as required by said Contract Documents, within ten (10) days after notice to him of such formal award, then this obligation shall be void; but otherwise, it shall remain in full force, and the Principal and Surety will pay the difference between amount of the Principal’s accepted bid/s and any higher amount for which the Oblige may contract for the required work, plus any advertising, Architects, legal and other expenses incurred by the Oblige by reason of the default; provided, however, that the obligations of the Surety hereunder shall not exceed the amount of this Bond together with interest. IN WITNESS WHEREOF, THE Principal and surety, intending to be legally bound, have executed this Bond the day and year aforementioned.

A16-2

INDIVIDUAL PRINCIPAL ___________________________________________ (Name of Principal) Witness _______________________________________ __________________________________________ (Signature of Individual) Trading and doing business as ____________________________________________________________________ ///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// PARTNERSHIP PRINCIPAL ___________________________________________ (Name of Partnership) Witness ____________________________________ By:___________________________________________ Partner Seal ____________________________________ By:___________________________________________ Partner Seal ____________________________________ By:___________________________________________ Partner Seal /////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////

A16-3

CORPORATION PRINCIPAL _____________________________________________________ (Name of Corporation) Attest _____________________________________ By: __________________________________________ Title (Authorized Representative) Witness _____________________________________ *Attach appropriate proof, dated as of the same date as the Bond, evidencing authority to execute on behalf of the Corporation. ///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// CORPORATION SURETY

_____________________________________________________ (Name of Corporation) Attest _____________________________________ By: __________________________________________ Title Title (Corporate Seal) **Attach an appropriate power of attorney, dated as of the same date as the Bond, evidencing the authority of the Attorney-in –fact to act on behalf of the Corporation.

A16-4

PREPARATION OF PERFORMANCE AND PAYMENT BOND

(1.) Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.

(2.) The name of the Principal shall be shown exactly as it appears in the Contract.

(3.) The penal sum shall be not less than the contract amount.

(4.) If the Principals are partners, or joint venturers, each member shall execute the bond as an individual, with his place of residence shown.

(5.) If the Principal is a corporation, the bond shall be executed under its corporate seal. If the corporation has no corporate seal the fact shall be stated, in which case a scroll or adhesive seal shall be affixed following the corporate name.

(6.) The official character and authority of the persons executing the bond for the Principal, whether individual, partnership or corporation, shall be certified by individual partner or in the case of a corporation, by the secretary or assistant secretary therefore under the corporate seal, or there may be attached copies of so much of the records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the secretary or assistant secretary; under the corporate seal, to be true copies. If a Corporation, President or Vice President should sign for same and Secretary of Corporation should attest to signature of signing officer.

(7.) The current power-of-attorney of the persons signing for the surety company must be attached to the bond.

(8.) The date of bond must not be prior to the date of contract.

(9.) The following information must be placed on the bond by the surety company:

(a.) The rate of premium in dollars per thousand, and (b.) The total dollar amount of premium charged.

(10.) The signature of a witness shall appear in the appropriate place, attesting to the signature of each party to the bond.

(11.) Type or print the name underneath each signature appearing in the bond.

(12.) An executed copy of the bond must be attached to each copy of the Contract (original Counterpart) intended for signing.

(13.) The Performance and Payment Bond is generally of the type that will be required, but it is subject to such modification in form as may be required by the Solicitor of the Local Authority.

A16-5

PERFORMANCE AND PAYMENT BOND

NOW ALL MEN BY THESE PRESENTS. That we, the undersigned,

as PRINCIPAL and

as SURETIES are hereby held and firmly bound unto the Housing Authority of the City of , New Jersey, in the penal sum of dollars, for the payment of which well and truly to executors, administrators, successors and assigns.

Signed this day of 201 .

The condition of the above obligation is such that wereas, the above named principal was awarded, on the day of 201 contract with the Housing Authority of the City of Pleasantville, New Jersey for

Which said contract, consisting of Invitation, Bid and Award, is made a part of this Bond, the same as though set forth herein:

Now, if the said

SHALL WELL AND FAITHFULLY DO AND PERFORM THE THINGS AGREED BY TO BE DONE AND PERFORMED ACCORDING TO THE Terms of Said contract, and shall pay all lawful claims of subcontractors, materialmen, laborers, person, firms or corporations for labor performed or materials, provisions, provender or other supplies or teams, fuels, oils, implements, or machinery furnished, used or consumed in the carrying forward, performing or completing of said contract, we agreeing and assenting that this undertaking shall be for the benefit of any subcontractor, materialmen, laborer, person firm or corporation having a just claim, as well as for the oblige herein; then this obligation shall be void, otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall in no event exceed the penal amount of the obligation as herein stated.

The said surety hereby stipulates and agrees that no modifications, omissions, or additions in or to the terms of said contract or in or to the specifications therefore shall in anywise effect the obligation of said surety on its bond.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument under there several seals the day of 201 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

A16-6

In the presence of:

(SEAL) (Individual Principal)

(Address) (Business Address)

(SEAL) (Individual Principal)

(Address) (Business Address)

(SEAL) (Individual Principal)

(Address) (Business Address)

(SEAL) (Individual Principal)

(Address) (Business Address)

(SEAL) (Individual Principal)

(Address) (Business Address)

(Affix (Corporate Principal) Corporate Seal) (Business Address

by

ATTEST:

(Affix (Corporate Principal) Corporate Seal) (Business Address

The rate of premium in this bond is $ per thousand.

The total amount of premium charges is $ .

(The above is to be filled in by Surety Company).

(Power of Attorney of person signing for Surety Company must be attached to bond.)

A17

Submit copy of your Business Registration Certification

Issued by the Department of Treasury

of the State of New Jersey

CONTRACTOR SECTION 3 UTILIZATION AND AFFIRMATIVE ACTION PLAN

TABLE A

PROPOSED SECTION 3 SUBCONTRACTS: UTILIZATION BREAKDOWN

Type of Contract

(Business or Profession)

Name of Subcontractor

Total No.

Total Approx. Dollar Amt.

Estimated No. of Contracts to

Section 3 Businesses

Est. Dollar Amt. To

Section 3 Businesses

Company

Project Name

Project Number

Person Completing Form

Date

CONTRACTOR SECTION 3 UTILIZATION TABLE B

ESTIMATED PROJECT WORK FORCE UTILIZATION BREAKDOWN

Job Category Total Estimated Positions

needed for Project

No. Positions Occupied by Permanent Employees

Number of Positions Not

Occupied

Number of Positions to be

filled with Section 3 Residents

Officer/Supervisors

Professionals

Technical Hsg. Sales/Rental Mgmt.

Office/Clerical

Service Workers

Others

TRADE:

Journeymen

Helpers

Apprentices

Trainees

Others

TRADE:

Journeymen

Helpers

Apprentices

Trainees

Others

Section 3 Resident Company Individual residing within the Section 3 area Whose family income does not exceed 90% of Project the median income in the Metropolitan Statistical Area or the county if not within a Project Number MSA in which the Section 3 covered projects is Located. Person Completing Form Date

Section 3 Summary Report U.S. Department of Housing OMB Approval No: 2529-0043

Economic Opportunities for and Urban Development (exp. 11/30/2010) Low – and Very Low-Income Persons Office of Fair Housing And Equal Opportunity Section back of page for Public Reporting Burden statement

2. Federal Identification: (grant no.)

3. Total Amount of Award:

4. Contact Person

5. Phone: (Include area code)

1. Recipient Name & Address: (street, city, state, zip)

6. Length of Grant:

7. Reporting Period:

8. Date Report Submitted:

9. Program Code: (Use separate sheet for each program code)

10. Program Name:

Part I: Employment and Training (** Columns B, C and F are mandatory fields. Include New Hires in E &F) A Job Category

B Number of New Hires

C Number of New Hires that are Sec. 3 Residents

D % of Aggregate Number of Staff Hours of New Hires that are Sec. 3 Residents

E % of Total Staff Hours for Section 3 Employees and Trainees

F Number of Section 3 Trainees

Professionals

Technicians

Office/Clerical

Construction by Trade (List) Trade

Trade

Trade

Trade

Trade

Other (List)

Total

* Program Codes 3 = Public/Indian Housing 4 = Homeless Assistance 8 = CDBG State Administered 1 = Flexible Subsidy A = Development, 5 = HOME 9 = Other CD Programs 2 = Section 202/811 B = Operation 6 = HOME State Administered 10 = Other Housing Programs C = Modernization 7 = CDBG Entitlement Page 1 of 2 form HUD 60002 (6/2001) Ref 24 CFR 135

HUD Field Office:

Part II: Contracts Awarded

1. Construction Contracts:

A. Total dollar amount of all contracts awarded on the project $

B. Total dollar amount of contracts awarded to Section 3 businesses $

C. Percentage of the total dollar amount that was awarded to Section 3 businesses %

D. Total number of Section 3 businesses receiving contracts

2. Non-Construction Contracts: A. Total dollar amount all non-construction contracts awarded on the project/activity $

B. Total dollar amount of non-construction contracts awarded to Section 3 businesses $

C. Percentage of the total dollar amount that was awarded to Section 3 businesses %

D. Total number of Section 3 businesses receiving non-construction contracts

Part III: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low-and very low-income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) _____ Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area (or nonmetropolitan county) in which the Section 3 covered program or project is located, or similar methods. _____ Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. _____ Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. _____ Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. _____ Other; describe below.

Public reporting for this collection of information is estimated to average 2 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 collect this information, and you are not required to complete this form, unless it displays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low- and very-low income persons, particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients’ compliance with Section 3, to assess the results of the Department’s efforts to meet the statutory objectives of Section 3, to prepare reports to Congress, and by recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6) of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative; personal identifying information is not included.

Page 2 of 2 form HUD 60002 (11/2010) Ref 24 CFR 135

Form HUD-60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low-Income Persons. Instructions: This form is to be used to report annual accomplishments regarding employment and other economic opportunities provided to low- and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968. The Section 3 regulations apply to any public and Indian housing programs that receive: (1) development assistance pursuant to Section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937; or (3) modernization grants pursuant to Section 14 of the U.S. Housing Act of 1937 and to recipients of housing and community development assistance in excess of $200,000 expended for: (1) housing rehabilitation (including reduction and abatement of lead-based paint hazards); (2) housing construction; or (3) other public construction projects; and to contracts and subcontracts in excess of $100,000 awarded in connection with the Section-3-covered activity. Form HUD-60002 has three parts, which are to be completed for all programs covered by Section 3. Part I relates to employment and training. The recipient has the option to determine numerical employment/training goals either on the basis of the number of hours worked by new hires (columns B, D, E and F). Part II of the form relates to contracting, and Part III summarizes recipients’ efforts to comply with Section 3. Recipients or contractors subject to Section 3 requirements must maintain appropriate documentation to establish that HUD financial assistance for housing and community development programs were directed toward low- and very low-income persons.* A recipient of Section 3 covered assistance shall submit one copy of this report to HUD Headquarters, Office of Fair Housing and Equal Opportunity. Where the program providing assistance requires an annual performance report, this Section 3 report is to be submitted at the same time the program performance report is submitted. Where an annual performance report is not required, this Section 3 report is to be submitted by January 10 and, if the project ends before December 31, within 10 days of project completion. Only Prime Recipients are required to report to HUD. The report must include accomplishments of all recipients and their Section 3 covered contractors and subcontractors. HUD Field Office: Enter the Field Office name . 1. Recipient: Enter the name and address of the recipient

submitting this report. 2. Federal Identification: Enter the number that appears on the

award form (with dashes). The award may be a grant, cooperative agreement or contract.

3. Dollar Amount of Award: Enter the dollar amount, rounded to the nearest dollar, received by the recipient.

4 & 5. Contact Person/Phone: Enter the name and telephone number of the person with knowledge of the award and the recipient’s implementation of Section 3.

6. Reporting Period: Indicate the time period (months and year) this report covers.

7. Date Report Submitted: Enter the appropriate date.

Submit one (1) copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity, at the same time the performance report is submitted to the program office. The Section 3 report is submitted by January 10. Include only contracts executed during the period specified in item 8. PHAs/IHAs are to report all contracts/subcontracts. * The terms “low-income persons” and very low-income persons” have the same meanings given the terms in section 3 (b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that

8. Program Code: Enter the appropriate program code as listed at the bottom of the page.

9. Program Name: Enter the name of HUD Program corresponding with the “Program Code” in number 8.

Part I: Employment and Training Opportunities Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (i.e. supervisors, architects, surveyors, planners, and computer programmers). For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of “Other” includes occupations such as service workers. Column B: (Mandatory Field) Enter the number of new hires for each category of workers identified in Column A in connection with this award. New hire refers to a person who is not on the contractor’s or recipient’s payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: (Mandatory Field) Enter the number of Section 3 new hires for each category of workers identified in Column A in connection with this award. Section 3 new hire refers to a Section 3 resident who is not on the contractor’s or recipient’s payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award. Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award. Include staff hours for part-time and full-time positions. Column F: (Mandatory Field) Enter the number of Section 3 residents that were trained in connection with this award. Part II: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project/program that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Block 2: Non-Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part III: Summary of Efforts – Self -explanatory

The Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary’s findings such that variations are necessary because of prevailing levels of construction costs or unusually high- or low-income families. Very low-income persons mean low-income families (including single persons) whose incomes do not exceed 50 percent of the median family income area, as determined by the Secretary with adjustments or smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of unusually high or low family incomes.

Page i form HUD 60002 (11/2010) Ref 24 CFR 135

A19-1

LIST OF PROPOSED SUBCONTRACTORS

Project:

NAME OF BIDDER:

ADDRESS OF BIDDER:

A. NOTICE 1. Listing of Subcontractors on this form does not infer approval on the part of the Authority.

The successful Bidder, after signing the Contract, will be required to request acceptance of Subcontractors utilizing Section A20 of this Project Manual.

2. Subcontractors are subject to the same requirements as the Bidder relative to insurance, bonds, disbarment, etc. and are required to review completely all of the Contract Documents for this Project, not just the portions which apply to their particular trade or work.

3. The subcontractors shall have at least five (5) years of experience in this work for the similar scope and quality.

B. LIST of SUBCONTRACTORS

SUBCONTRACTOR #1

NAME:

ADDRESS:

PHONE/FAX/EMAIL

TRADE OR WORK TO BE COMPLETED:

ESTIMATED PERCENTAGE OF CONTRACT:

YEARS OF EXPERIENCE WITH THIS TYPE OF WORK

Have you worked with this Subcontractor before? Yes or No (please circle one)

SUBCONTRACTOR #2

NAME:

ADDRESS:

PHONE/FAX/EMAIL

TRADE OR WORK TO BE COMPLETED:

ESTIMATED PERCENTAGE OF CONTRACT:

YEARS OF EXPERIENCE WITH THIS TYPE OF WORK

Have you worked with this Subcontractor before? Yes or No (please circle one)

A19-2

SUBCONTRACTOR #3

NAME:

ADDRESS:

PHONE/FAX/EMAIL

TRADE OR WORK TO BE COMPLETED:

ESTIMATED PERCENTAGE OF CONTRACT:

YEARS OF EXPERIENCE WITH THIS TYPE OF WORK

Have you worked with this Subcontractor before? Yes or No (please circle one)

SUBCONTRACTOR #4

NAME:

ADDRESS:

PHONE/FAX/EMAIL

TRADE OR WORK TO BE COMPLETED:

ESTIMATED PERCENTAGE OF CONTRACT:

YEARS OF EXPERIENCE WITH THIS TYPE OF WORK

Have you worked with this Subcontractor before? Yes or No (please circle one)

End of Section

A20-1

CONTRACTOR’S REQUEST FOR ACCEPTANCE OF SUBCONTRACTORS

NAME OF FIRM:

ADDRESS OF FIRM:

PROJECT:

NOTE: This form is to be completed by the Prime Contractor for each Proposed Subcontractor and/or Supplier.

WE HEREBY REQUEST acceptance of the following proposed subcontractors and/or suppliers to perform work or to supply materials.

For each proposed subcontractor and/or supplier, we list the following information:

Name of Subcontractor or Supplier: Address: City, State, ZIP Phone, FAX Numbers & Email Trade or Work to be completed; Trade License Number(s), if applicable: Percentage of contract: Section 3 Qualified: Yes No (circle one)

WE HEREBY CERTIFY, to the best of our knowledge and belief, that:

(1) The provisions of our contract that are applicable to the work of the subcontract and/or supply contract will be inserted in each subcontractor’s and/or supplier’s contract including, but not necessarily limited to, the Labor Standard Provisions and Insurance Provisions of the HUD “General Conditions of the Contract for Construction” and the “Supplementary General Conditions”.

(2) The proposed subcontractors and/or suppliers are not ineligible to receive an award of contract from the United States as evidenced by the list or lists of such contractors and/or suppliers maintained by HUD, the Comptroller General of the United States, the State of New Jersey or any other agency having jurisdiction over the work.

(3) No part of the subcontractor’s subcontract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to the aforesaid regulatory or statutory provisions.

A20-2

State of (Type name of State)

County of (Type name of County

I, being duly sworn, depose and state that I (Type name of individual signing for the Contractor) am the of (Type title of individual signing for the Contractor)

(Type name of Contractor)

And that all of the foregoing statements are true and correct.

(Signature of individual signing for the Contractor)

Subscriber has Sworn to before me this day of , 201

Notary Public of My Commission Expires

NOTE: Attach copies for each Subcontractor and/or Supplier’s documents as follows:

1. Certificate of Insurance, ACORD Form 25:

2. N.J. Business Registration Certificate (BRC);

3. Trade License(s), if applicable.

NOTE: If the subcontractors and/or suppliers are accepted, there will be no further notification to the Contractor.

A21-1

BUY AMERICAN REQUIREMENT

The Contractor acknowledges to and for the benefit of the Housing Authority (the PHA) and HUD that it understands the goods and services under this Contract are being made available for a project being funded with monies made available by the American Reinvestment and Recovery Act of 2009 (ARRA) and Section 1605 of such law contains provisions commonly known as “Buy American”. The Buy American requirement prohibits the use of ARRA funds on any project for the construction, alteration, maintenance, or repair of a public building or work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States of America (“Buy American Requirement”) including iron, steel, and manufactured goods provided by the Contractor pursuant to this Contract.

The Contractor hereby represents and warrants to and for the benefit of the PHS and HUD that (a) the Contractor has reviewed and understands the Buy American Requirement, (b) all of the iron, steel, and manufactured goods used in the project will be and/or have been produced in the United States in a manner that complies with the Buy American Requirement, unless an exception of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support an exception of the Buy American Requirement, as may be requested by the PHA or HUD.

Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the PHA to recover as damages against the Contractor and loss, expense or cost (including without limitation to attorney’s fees) incurred by the PHA resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part from HUD). Neither this paragraph (nor any provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of HUD.

A22-1

DRUG-FREE WORK PLACE AFFIDAVIT

Project:

Name of Bidder:

Address of Bidder:

THIS IS TO CERTIFY, that I will:

A. Publish a statement notifying my employees who will be working on this Project that, the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the work place. The statement will also specify the actions that will be taken against employees for violations of such prohibition.

B. Establish a Drug-Free awareness program to inform employees about:

1. The dangers of drug abuse in the work place.

2. The Firm’s policy about maintaining a Drug-Free work place.

3. Any available drug counseling, rehabilitation and employee assistance programs.

4. The penalties that may be imposed upon employees for drug related violations occurring in the work place.

C. Require that each employee working on this Contract receive a copy of the statement required by paragraph ‘A’ above.

D. Notify each employee working on this Contract that as a condition of employment they must:

1. Abide by the terms of the statement required by paragraph ‘A’.

2. Notify the firm of any criminal drug statute conviction which they receive, for any drug related violation occurring in the work place, not later than five (5) calendar days after such conviction.

E. Inform the Authority, within ten (10) calendar days, of any notification received relative to paragraph D.2. (above) whether such notice is from a convicted employee or any other substantiated source.

F. Impose one of the following actions, within thirty (30) calendar days of receipt of any notice relative to paragraph D.2., on any employee so convicted:

1. Appropriate personal action against said employee up to and including termination.

2. Require said employee to complete satisfactorily, a drug abuse assistance or rehabilitation program, approved by a Federal, State or Local health, law enforcement or other appropriate agency.

G. Make a good faith effort to maintain a drug-free work place through implementation of the above requirements.

H. Agree to define the work place as that which is referenced in the Contract Documents and which may from time-to-time be further defined by the Authority.

A22-2

I, being duly sworn, depose and state that I (Type name of individual signing Proposal) am the of (Type title of individual signing Proposal)

(Type name of firm submitting the Proposal)

And that I have read, understand and agree with all of the requirements described above.

(Signature of individual signing the Proposal)

State of New Jersey

County of

Subscriber has Sworn to before me this day of , 201

Notary Public of My Commission Expires

A23

Submit copy of your Public Woks Contractor Registration Certification

Pursuant to N.J.S.A. 34:11-56.48, et seq.

for the Contractor and any subcontractors.

Issued by the Department of Labor and Workforce Development

of the State of New Jersey

A24-1

CERTIFICATION FOR CONTRACTS

Project:

Name of Bidder:

Address of Bidder:

THIS IS TO CERTIFY, that:

A. No Federal Funds have been paid, or will be paid, by or on behalf of, the Bidder, to any person for influencing or attempting to influence, an officer of employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Gant, and the extension, continuation, renewal amendment or modification of any Federal contract.

B. If any funds other than Federal funds have been paid, or will be paid, to any person for influencing, or attempting to influence, an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, the Bidder shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying”, following instructions found on the form.

C. The Bidder shall require that the language of this Certification be included in the award documents for all subawards at all tiers (including subcontractors).

D. This Certification is a representation of fact upon which reliance was placed when this transaction was entered into. Submission of this Certification is a prerequisite for entering into this transaction imposed by Section 1352, Title 31, U.S. Code. The Bidder further understands that he may be subject to a Civil Penalty of not less than ten thousand dollars ($10,000.00) nor more than one hundred thousand dollars ($100,000.00) for failure to file the required Certification(s) and that such Penalty is for each failure.

I, being duly sworn, depose and state that I (Type name of individual signing Proposal) am the of (Type title of individual signing Proposal)

(Type name of firm submitting the Proposal)

And that I have read, understand and agree with all of the statements set forth above.

(Signature of individual signing the Proposal)

State of New Jersey

County of

Subscriber has Sworn to before me this day of , 201

Notary Public of My Commission Expires

PART B

CONTRACT ADMINISTRATION

Schedule of Amounts for Contract Payments

U.S. Department of Housing OMB Approval No. 2577-0157 (Exp. 1/31/2017)and Urban Development

Office of Public and Indian Housing

No progress payments shall be made to the contractor unless a schedule of amounts forcontract 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. Theseforms 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 of Sub-Item

Amount of Principal 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, suchas “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 workincorporated 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 thepurpose of preparing the Construction Progress Scheduleand the Periodical Estimates for Partial Payments. Onlythose items shall be selected which apply to the particularcontract. To ensure uniformity, no change shall be made inthe item numbers. Generally, about 25 to 40 major itemsappear in a contract.

f. Column 6. Enter the amount of each sub-item obtained by multiplying the quantities in column 3 by the corresponding unitprices 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 ofwork listed in column 6. Continue with the breakdown on formHUD-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 theContractor's intended basis for requesting monthly pay-ments.

signed and dated in the space provided at the bottom of eachsheet of the form by the individual who prepared the breakdownfor 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. 1/31/2017)and Urban Development

Office of Public and Indian Housing

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 administrationto ensure that the work for project development is done in accordance with State laws and HUD requirements. The contractor/subcontractor reports provide detailsand 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 benumbered in sequence beginning with the number 1.

Certifications. The certification of the contractor includes the analysis ofamounts used to determine the net balance due. In the first paragraph, enterthe name of the Public Housing Agency, the contractor, and the date of thecontract. 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" mustcorrespond to the number and descriptive title assigned to each principaldivision of work in the "Schedule of Amounts for Contract Payments", formHUD-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 workcompleted as of the closing date of the periodic estimate. Enter the total inthe 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 thecontractor 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 siteduring the period covered by the Periodic Estimate, together with the individualcertifications 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. 1/31/2017)and Urban Development

Office of Public and Indian Housing

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 administrationto 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)

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. form HUD-51002 (1/2014)

Location of Project Project Number

Name of Contractor Contract Number

Schedule of Materials Stored U.S. Department of Housing OMB Approval No. 2577-0157 (exp. 1/31/2017)and Urban Development

Office of Public and Indian Housing

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 administrationto 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)

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)

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 Housing OMB Approval No. 2577-0157

and Urban Development (exp. 01/31/2017)

Office of Public and Indian Housing

form HUD-51004 (01/2014) Previous editions are obsolete ref. Handbooks 7417.1 & 7450.1

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 collect ion 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 inform ation 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)

Location of Project Project Number

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 m aterials 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 invoi ces 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)

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)

B6-1

CONTRACTOR’S AFFIDAVIT OF RELEASE OF CLAIMS

(This Affidavit is part of the Contract Closeout)

(Project’s Name)

(Contractor’s Name)

(Contractor’s Address)

(Contract Date)

The undersigned Contractor, pursuant to Clause 27 (i) of the “General Conditions of the Contract for

Construction”, Form HUD-5370, hereby certifies that the Contractor, its subcontractors, hereby releases the

Pleasantville Housing Authority and the Architect including their officers, directors, employees, agents and

servants from any and all claims, actions, civil suits, or other proceedings in law, equity, or arbitration arising

under or by virtue of said contract or any modifications or change thereof in any manner connected with the

Project.

State of New Jersey County of P)

Subscriber has Sworn to before me this day of , 201

Notary Public of My Commission Expires

Signature of Contractor (Seal)

B7

CONTRACTOR’S CERTIFICATE AND RELEASE OF LIENS

(This Affidavit is part of the Contract Closeout)

(Project’s Name)

(Contractor’s Name)

(Contractor’s Address)

(Contract Date)

1. The Undersigned Contractor certifies that there is due and payable under the Contract and duly approved

Change Orders and modifications the undisputed balance of:

_________________________________________________________($ ____________)

2. The Undersigned Contractor further certifies that in addition to the amount set forth in paragraph 1 hereof,

there are, outstanding and unsettled, the following items which he/she claims are just and due owing by the

Housing Authority to the Contractor: (if none, state so)

a. _________________________________________________________($ ____________)

b. _________________________________________________________($ ____________)

3. The Undersigned Contractor further certifies that all work required under this Contract, including work

under Change Order number #________________, has been performed in accordance with the terms of

the Contract, and that there are not any claims of laborers or mechanics for unpaid wages arising out of the

performance of this Contract, and that the wages rates paid by the Contractor and all Subcontractors were

in conformity with the Contract provisions relating to said wages rates.

B7

4. The Undersigned Contractor further certifies that he/she has received from the Housing Authority all

sums of moneys pursuant to the Contract or any change Order or modification, except for the

amounts stated in paragraph 1 and 2 hereof.

5. The Undersigned Contractor further certifies that, in consideration of the payment of the amount

stated in paragraph 1, the Undersigned releases the Corporation and its Architects from any and all

claims arising as a result of this Contract, except the amount listed in paragraph 2. However if for

any reason the Corporation does not pay in full the amount stated in paragraph 1, said deduction shall

not affect the validity of this release, and the amount so deducted shall be automatically included

under paragraph 2, as an amount which the Undersigned Contractor has not released , but will release

upon final payment.

6. The Undersigned Contractor further certifies that, in consideration of the payment of the amount

stated in paragraph 2, the Undersigned releases the Corporation and its Architects from any and all

claims arising as a result of this Contract of any nature whatsoever arising of said Contract or

modification thereof, and will execute such further releases as the Corporation may request.

7. The Undersigned Contractor hereby assigns all guarantees and warranties to the Corporation

effective this day.

State of New Jersey County of )

Subscriber has Sworn to before me this day of , 201

Notary Public of My Commission Expires

Signature of Contractor (Seal)

B8

SUBCONTRACTOR’S AND SUPPLIER’S RELEASE OF LIENS

(This Affidavit is part of the Contract Closeout)

(Project’s Name)

(Subcontractor’s Name)

(Subcontractor’s Address)

($ ) (Amount Received)

(Date)

In consideration of the amounts stated above, receipt of which is hereby acknowledged, we do hereby release

and discharge said Corporation from any and all liabilities arising out of this Contract.

State of New Jersey County of )

Subscriber has Sworn to before me this day of , 2015

Notary Public of My Commission Expires

Signature of Subcontractor or Supplier

B9

CERTIFICATE OF COMPLETION

(This Affidavit is part of the Contract Closeout)

(Project’s Name)

(Contractor’s Name)

(Contractor’s Address)

(Contract Date)

This is to certify that all the work under the above named project including all appurtenances thereto, has been satisfactory completed, and that the Contractor has furnished all labor, materials, and services required for the reference project in accordance with the Contract Documents and the Contract between the Contractor and the Corporation. The Undersigned contractor further certifies:

1. All subcontractors, suppliers, mechanics, and laborers have been paid not less than the minimum wage rates as established by the Contract.

2. No liens or claims of any nature are outstanding by any subcontractors, suppliers and mechanics,

and laborers against the Corporation. 3. No notice of intention to claim liens is outstanding, nor any suits are pending for any reasons on the

project under the Contract.

4. All Worker’s Compensation claims have been settled and no public liability claims are pending.

5. The Contractor will provide the Corporation a Certificate and Release of Liens.

B9

State of New Jersey County of )

Subscriber has Sworn to before me this day of , 201

Notary Public of My Commission Expires

Signature of Contractor (Seal)

B10

CERTIFICATE OF WARRANTY

(This Affidavit is part of the Contract Closeout)

(Project’s Name)

(Contractor’s Name)

(Contractor’s Address)

(Contract Date)

(Completion Final Acceptance Date)

(Warranty Period of One Year)

(Warranty Expiration Date)

This is to certify that the above Contractor agrees to warranty all materials and workmanship for the above project for the specific warranty stipulated in the Contract. The Contractor shall remedy any defects in the work, and pay for any damages to other work resulting there from, which shall appear during the period of time extending from the Completion Date, to the end of the Warranty Period indicated above. The Corporation shall notify the Contractor, in writing, of observed defects or damages within reasonable time. If the Contractor does not remedy such defects or damages within a reasonable time after receipt of notice, then the Corporation shall have the right to repair and remedy the defects and damages at the Contractor’s expenses.

B10

State of New Jersey County of )

Subscriber has Sworn to before me this day of , 201

Notary Public of My Commission Expires

Signature of Contractor (Seal)

Official Use Only

STATE OF NEW JERSEY Assignment

DEPARTMENT OF LABOR & WORKFORCE DEVELOPMENT CONSTRUCTION EEO COMPLIANCE MONITORING PROGRAM Code

FORM AA-201

Revised 11/11 INITIAL PROJECT WORKFORCE REPORT CONSTRUCTION

For instructions on completing the form, go to: http://www.state.nj.us/treasury/contract_compliance/pdf/aa201ins.pdf

1. FID NUMBER 2. CONTRACTOR ID NUMBER 5. NAME AND ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT

3. NAME AND ADDRESS OF PRIME CONTRACTOR

(Name)

CONTRACT NUMBER DATE OF AWARD DOLLAR AMOUNT OF AWARD

(Street Address) 6. NAME AND ADDRESS OF PROJECT 7. PROJECT NUMBER

(City) (State) (Zip Code)

COUNTY

8. IS THIS PROJECT COVERED BY A PROJEC

4. IS THIS COMPANY MINORITY OWNED [ ] OR WOMAN OWNED [ ] LABOR AGREEMENT (PLA)? YES N O

9. TRADE OR CRAFT PROJECTED TOTAL EMPLOYEES PROJECTED MINORITY EMPLOYEES PROJECTED PROJECTED

MALE FEMALE MALE FEMALE PHASE - IN COMPLETION

DATE DATE

1. ASBESTOS WORKER 2. BRICKLAYER OR MASON 3. CARPENTER

4. ELECTRICIAN

5. GLAZIER

6. HVAC MECHANIC 7. IRONWORKER

8. OPERATING ENGINEER 9. PAINTER

10. PLUMBER

11. ROOFER

12. SHEET METAL WORKER 13. SPRINKLER FITTER

14. STEAMFITTER

15. SURVEYOR

16. TILER

17. TRUCK DRIVER

18. LABORER

19. OTHER

20. OTHERI hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements are

willfully

false, I am subject to punishment.

(Signature)

10. (Please Print Your Name) (Title)

(Area Code) (Telephone Number) (Ext.) (Date)

J AP J AP J AP J AP

Name:Address:

Address: Name:

B12-1

CONSENT OF SURETY COMPANY TO FINAL PAYMENT

Project:

Contractor’s Name: (as it appears on the Bond)

Contractor’s Address: (as it appears on the Bond)

Contract Date:

Completion Date (Final Acceptance of the Work):

Guaranty Period:

Guaranty Expiration Date:

In accordance with the provisions of the Contract for the Project referenced above the Surety Company:

(Type Name of Surety Company)

(Type Address of Surety Company)

on the Bond of the above referenced Contractor, hereby approves that Final Payment be made to the Contractor, and agrees that Final Payment to the Contractor shall not relieve the Surety Company of any of its obligations to the Authority, as set forth in the said Surety Company’s Bond.

IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of 201.

(Surety) (Seal)

(Witness signature) (Signing for the Surety) (Title*)

(Type/print name of witness) (Type/Print Name of person Signing for Surety)

*NOTE: Attorneys-in-Fact signing for the Surety Company must attach a certified and effectively dated copy of their Power-of-Attorney.

B13-1

RECORD OF SUBCONTRACTORS AND SUPPLIERS

PROJECT:

NAME OF CONTRACTOR:

ADRESS OF CONTRACTOR:

SUBCONTRACTOR OR SUPPLIER # 1

NAME:

ADDRESS:

PHONE/FAX:

TRADE:

CONTACT PERSON:

WORK DONE OR ITEM(S) SUPPLIED:

SUBCONTRACTOR OR SUPPLIER # 2

NAME:

ADDRESS:

PHONE/FAX:

TRADE:

CONTACT PERSON:

WORK DONE OR ITEM(S) SUPPLIED:

B13-2

SUBCONTRACTOR OR SUPPLIER # 3

NAME:

ADDRESS:

PHONE/FAX:

TRADE:

CONTACT PERSON:

WORK DONE OR ITEM(S) SUPPLIED:

SUBCONTRACTOR OR SUPPLIER # 4

NAME:

ADDRESS:

PHONE/FAX:

TRADE:

CONTACT PERSON:

WORK DONE OR ITEM(S) SUPPLIED:

SUBCONTRACTOR OR SUPPLIER # 5

NAME:

ADDRESS:

PHONE/FAX:

TRADE:

CONTACT PERSON:

WORK DONE OR ITEM(S) SUPPLIED:

B14-1

MAINTENANCE BOND

PROJECT:

CONTRACTOR’S NAME:

CONTRACTOR’S ADDRESS:

COMPLETION DATE (Final Acceptance of the Work):

GUARANTY PERIOD

GUARANTY EXPIRATION DATE:

NOW ALL MEN BY THESE PRESENTS. That we, the undersigned,

(Name of Principal)

as PRINCIPAL and

(Name of Surety)

as SURETY are hereby held and firmly bound unto the Authority referenced above, in the amount of TEN (10) PERCENT of the adjusted Contract Amount at the completion of the Work, which is an amount equal to: , Dollars ($ ) (Type or Print Amount in Words) (Amount in Figures)

lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by theses presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal did, on 2012, enter into a Contract with the Authority for the above referenced Project, which said Contract, consisting of the Contract Documents for the Project, is made a part of this Bond the same as though set for herein.

NOW THEREFOR, if the Principal shall remedy, without cost to the Authority, any defects in the Work performed under the said Contract, which may develop during the above referenced Guaranty Period, provided such defects, in the judgment of the Authority, are caused by defective or inferior materials or workmanship; then this obligation shall be void, otherwise the same shall remain in full force and effect.

The said Surety hereby stipulates and agrees that no modifications, omissions, or additions in or to the terms of said Contract, or in or to the Contract Documents therefore, shall in any way affect the obligation of said Surety on its Bond.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this day of 2012, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

B14-2

In the presence of:

(Principal) (Seal)

(Witness signature) (Signing for the Principal) (Title)

(Type/print name of witness) (Type/Print Name of person Signing for Principal

(Type/Print Address of person Signing above)

(Surety) (Seal)

(Witness Signature) (Signing for the Surety) (Title*)

(Type/print name of witness) (Type/Print Name of person signing for Surety)

NOTE: Attorneys-in-Fact signing for the Surety Company must attach a certified and effectively dated copy of their Power of Attorney.

PART C

TECHNICAL SPECIFICATIONS

Pleasantville Housing Authority Window Replacement PHASE II 140 N Main Street, Pleasantville, NJ

SUMMARY OF WORK 01010-1

SECTION 01010 - SUMMARY OF WORK

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and General Provisions of Contract, including General and Supplementary Conditions and other Division 1 specifications apply to this section.

1.2 PROJECT DESCRIPTION

The Project consists of, but not limited to, the Replacement of the sealant joints as indicated on the drawings and the project manual: The sealant replacement consists on the removal of the sealant, the preparation of the openings as recommended by the sealant manufacturer and as per the required ASTM standards, the installation of sealant primers for the different surfaces as recommended by the sealant manufacturer, and the installation of new sealant as recommended by the sealant manufacturer and as per the required ASTM standards. A. Sealant replacement for the joints between the curtainwall framing and the masonry veneer or the roof concrete beam. B. Sealant replacement for the joints between the curtainwall framing and the insulated panels.

C. Sealant replacement for the joints between the curtainwall framing and the windows in the common areas of this building, since these windows have Not been replaced: a. Elevator lobbies on the front of the building facing Main Ave from 2nd to 9th floor- See elevation 1 on sheet A-1, and detail 5 on sheet A-3. b. End of common corridors on the two sides of the building from 2nd to 9th floor- See elevations 2 on sheet A-1 and A-2, detail 8 on sheet A-3.

D. Sealant replacement for the joints between the curtainwall framing and the louvers on the ground floor facing Main Ave- See elevation 1 on sheet A-1

E. Additional joints as indicated on the drawings, such as around equipment in the insulated panels of the ground floor. See elevation 1 on sheet A-1

F. Proprietary Specification Requirements: The Specifications name only a single product and manufacturer for the sealant. THE SEALANT FOR THIS PROJECT IS PROPRIETORY and NO SUBSTITUTIONS WILL BE PERMITTED: since this project is the last phase of the window replacement in this building. The sealant for this project is to match the sealant installed in the recent window replacement in this building.

2. Contractor is responsible to protect the site, building, parking lot and all areas of the property.

PART 2 – PRODUCTS (Not Applicable)

PART 3 – EXECUTION (Not Applicable)

END OF SECTION 01010

UNIT PRICE 01026-1

SECTION 01026 - UNIT PRICES

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section specifies administrative and procedural requirements for Unit Prices.

1. A unit price is an amount proposed by Bidders and stated on the Bid Form as a price per unit of measurement for materials for services that will be added to or deducted from the Contract Sum by Change Order in the event the estimated quantities of Work required by the Contract Documents are increased or decreased.

2. Unit prices include all necessary material, overhead, profit and applicable taxes.

3. Refer to individual Specification Sections for construction activities requiring the establishment of unit prices. Methods of measurement and payment for unit prices are specified in those Sections.

B. Schedule: A “Unit Price Schedule” is included at the end of this Section. Specification Sections referenced in the Schedule contain requirements for materials and methods described under each unit price.

4. The Owner reserves the right to reject the Contractor’s measurement of work-in-place that involves use of established unit prices, and to have this Work measured by an independent surveyor acceptable to the Contractor at the Owner’s expense.

PART 2 - PRODUCTS

(Not Applicable)

UNIT PRICE 01026-2

PART 3 - EXECUTION

3.1 UNIT PRICE SCHEDULE

A. ADDITIONAL COST ITEMS

UNIT PRICE No 1 – Removal, Joint Preparation, Supply, and Install Sealant Joint type A.

Description: Additional removal, joint preparation, supply, and installation of sealant joint type A.

Unit of Measurement: Per Unit Price including all labor and material to removal, preparation of the joints supply, and completely install one (1) lineal feet (LF) of sealant joint type A.

____________________________________________( $/per LF)

UNIT PRICE No 2 – Removal, Joint Preparation, Supply, and Install Sealant Joint type B.

Description: Additional removal, joint preparation, supply, and installation of sealant joint type B.

Unit of Measurement: Per Unit Price including all labor and material to removal, preparation of the joints, supply, and completely install one (1) lineal feet (LF) of sealant joint type B.

____________________________________________( $/per LF)

END OF SECTION 01026

APPLICATIONS FOR PAYMENT 01027-1

SECTION 01027 - APPLICATIONS FOR PAYMENT

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section specifies administrative and procedural requirements governing the Contractor's Applications for Payment.

B. The Contractor’s Construction Schedule and Submittal Schedule are included in Section “Submittal”.

1.3 SCHEDULE OF VALUES

A. Coordinate preparation of the Schedule of Values with preparation of the Contractor’s Construction Schedule.

B. Contractor shall coordinate preparation of its Schedule of Values for its part of the work with preparation of the Contractor’s Construction Schedule.

1. Correlate line items in the Schedule of Values with other required administrative schedules and forms.

2. Submit the Schedule of Values to the Architect at the earliest feasible date, but in no case later than 7 days before the date scheduled for submittal of the initial Application for Payment.

A. Format and Content: Refer to HUD Forms as per PART B – CONTRACT ADMINISTRATION of the Project Manual

1.4 APPLICATIONS FOR PAYMENT

A. Each Application for Payment shall be consistent with previous applications and payments as certified by the Architect and paid for by the Owner.

1. The initial Application for Payment, the Application for Payment at time of Substantial Completion, and the final Application for Payment involve additional requirements.

B. Payment-Application Forms: Use HUD Forms per PART B – CONTRACT ADMINISTRATION of the Project Manual

C. Application Preparation: Complete every entry on the form. Include signature and execution by a person authorized to sign legal documents on behalf of the Owner. Incomplete applications will be returned without action.

1. Entries shall match data on the Schedule of Values and the Contractor’s Construction Schedule. Use updated schedules if revisions have been made.

2. Include amounts of Change Orders and Construction Change Directives issued prior to the last day of the construction period covered by the application.

APPLICATIONS FOR PAYMENT 01027-2

D. Transmittal: Submit 2 signed and sealed, executed copies of each Application for Payment to the Architect by means ensuring receipt within 24 hours; one copy shall be complete, including waivers of lien and similar attachments, when required.

E. Waivers of Mechanics Lien: With each Application for Payment, submit waivers of mechanics lien from every entity who may lawfully be entitled to file a mechanics lien arising out of the Contract, and related to the Work covered by the payment.

F. Initial Application for Payment: Contractor may submit for approval, up to 30% of contract value less contingency. Administrative actions and submittals that must precede or coincide with submittal of the first Application for Payment, include the following:

Schedule of Amounts for Contract Payments HUD 51000 (1/2014) Periodic Estimate of Partial Payment HUD- 51001 (1/2014) Schedule of Change Orders HUD –51002 (1/2014) Schedule of Materials Stored HUD- 51003 (1/2014) Summary of Materials Stored HUD- 51004 (1/2014) Initial Project Manning Report Form AA-201

G. Application for Payment at Substantial Completion: Contractor may request up to 80% of contract value. Following issuance of the Certificate of Substantial Completion, submit an Application for Payment; this application shall reflect any Certificates of Partial Substantial Completion issued previously for Owner occupancy of designated portions of the work.

Schedule of Amounts for Contract Payments HUD 51000 (1/2014) 3 Periodic Estimate of Partial Payment HUD- 51001 (1/2014) 2 Schedule of Change Orders HUD –51002 (1/2014) 1 Schedule of Materials Stored HUD- 51003 (1/2014) 1 Summary of Materials Stored HUD- 51004 (1/2014) 1 Initial Project Manning Report Form AA-201 1

H. Final Payment Application: Administrative actions and submittal which must precede or coincide with submittal of the final payment Application for Payment include the following:

Schedule of Amounts for Contract Payments HUD 51000 (1/2014) Periodic Estimate of Partial Payment HUD- 51001 (1/2014) Schedule of Change Orders HUD –51002 (1/2014) Schedule of Materials Stored HUD- 51003 (1/2014) Summary of Materials Stored HUD- 51004 (1/2014) Contractors Affidavit of Release of Claims Contractors Certificate of Release of Claims Subcontractors and Supplier’s Release of Liens Certificate of Completion Certificate of Warranty Initial Project Manning Report Form AA-201 Consent of Surety for Final Payment Record of Subcontractors and Suppliers Maintenance Bond PART 2 - PRODUCTS

(Not Applicable)

PART 3 - EXECUTION

(Not Applicable)

END OF SECTION 01027

CBA #16.13 MODIFICATION PROCEDURES 01035-1

SECTION 01035 - MODIFICATION PROCEDURES

PART 1- GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This section specifies administrative and procedural requirements for handling and processing Contract modifications.

1.3 MINOR CHANGES IN THE WORK

A. Supplemental instructions authorizing minor changes in the work, not involving an adjustment to the Contract Sum or Contract Time, will be issued by the Architect on AIA Form G710, Architect's Supplemental Instructions.

1.5 CHANGE ORDER PROPOSAL REQUESTS

A. Owner-Initiated Proposal Requests: Proposed changes in the work that will require adjustment to the Contract Sum or Contract Time will be issued by the Architect, with a detailed description of the proposed change and supplemental or revised Drawings and Specifications, if necessary.

1. Proposal requests issued by the Architect are for information only. Do not consider them as an instruction either to stop work in progress or to execute the proposed change.

2. Unless otherwise indicated in the proposal request, within 10 days of receipt of the proposal request, submit to the Architect for the Owner’s review an estimate of cost necessary to execute the proposed change.

a. Include a list of quantities of products required and unit costs, along with the total amount of purchases to be made. Where requested, furnish survey data to substantiate quantities.

b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.

c. Include a statement indicating the effect the proposed change in the work will have on the Contract Time.

d. CONTRACTOR MUST RECEIVE PRIOR WRITTEN APPROVAL FROM THE ARCHITECT PRIOR TO PERFORMING THE WORK. ANY WORK COMPLETED WITHOUT PRIOR APPROVAL WILL NOT BE PAID.

B. Contractor -Initiated Change Order Proposal Requests: When latent or unforeseen conditions require modifications to the Contract, the Contractor may propose changes by submitting a request for a change to the Architect.

1. Include a statement outlining the reasons for the change and the effect of the change on the work. Provide a complete description of the proposed change.

CBA #16.13 MODIFICATION PROCEDURES 01035-2

Indicate the effect of the proposed change on the Contract Sum and Contract Time.

2. CONTRACTOR MUST RECEIVE PRIOR WRITTEN APPROVAL FROM THE ARCHITECT PRIOR TO PERFORMING THE WORK. ANY WORK COMPLETED WITHOUT PRIOR APPROVAL WILL NOT BE PAID.

3. Include a list of quantities of products required and unit costs along with the total amount of purchases to be made. Where requested, furnish survey data to substantiate quantities.

4. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.

5. Comply with requirements in Section "Product Substitutions" if the proposed change in the work requires the substitution of one product or system for a product or system specified.

C. Proposal Request Form: SCHEDULE OF CHANGE ORDERS HUD 51002 (1/2014).

1.6 CONSTRUCTION CHANGE DIRECTIVE

A. Construction Change Directive: When the Owner and the Contractor are not is total agreement on the terms of a Change Order Proposal Request, the Architect may issue a Construction Change Directive instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order.

1. The Construction Change Directive contains a complete description of the change in the work. It also designates the method to be followed to determine change in the Contract Sum or Contract Time.

B. Documentation: Maintain detailed records on a time and material basis of work required by the Construction Change Directive.

1. After completion of the change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract.

1.7 CHANGE ORDER PROCEDURES

A. Upon the Owner's and Architect’s approval of a Change Order Proposal Request, the Architect will issue a Change Order HUD 51002 (1/2014).for signatures of the Owner and the Contractor, as provided in the Conditions of Contract.

PART 2 - PRODUCTS (Not Applicable)

PART 3 - EXECUTION (Not Applicable)

END OF SECTION 01035

CBA #16.13 PROJECT COORDINATION 01040-1

SECTION 01040 - PROJECT COORDINATION

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section specifies administrative and supervisory requirements necessary for Project coordination including, but not necessarily limited to:

1. Coordination.

2. Administrative and supervisory personnel.

3. General installation provisions.

4. Cleaning and protection.

1.3 COORDINATION

A. Coordination: Coordinate construction activities included under various Sections of these Specifications to assure efficient and orderly installation of each part of the work. Coordinate construction operations included under different Sections of the Specifications that are dependent on each other for proper installation, connection, and operation.

B. Where necessary, prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and attendance at meetings.

C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities to avoid conflicts and ensure orderly progress of the work.

D. Conservation: Coordinate construction operations to ensure that operations are carried out with consideration given to conservation of energy, water, and materials.

1. Salvage materials and equipment involved in performance of, but not actually incorporated in, the work. Refer to other sections of disposition of salvage materials that are designated as Owner’s property.

1.4 SUBMITTALS

A. Coordination Drawings: Prepare and submit coordination drawings where close and careful coordination is required for installation of products and materials fabricated off-site by separate entities, and where limited space availability necessitates maximum utilization of space for efficient installation of different components.

1. Show the interrelationship of components shown on separate Shop Drawings.

2. Indicate required installation sequences.

CBA #16.13 PROJECT COORDINATION 01040-2

PART 2 - PRODUCTS

(Not Applicable)

PART 3 - EXECUTION

3.1 GENERAL COORDINATION PROVISIONS

A. Inspection of Conditions: Require the Installer of each major component to inspect both the substrate and conditions under which work is to be performed. Do not proceed until unsatisfactory conditions have been corrected in an acceptable manner.

B. Manufacture’s Instructions: Comply with manufacturer’s installation instructions and recommendations, to the extent that those instructions and recommendations are more explicit or stringent than requirements contained in Contract Documents.

C. Inspection materials or equipment immediately upon delivery and again prior to installation. Reject damaged and defective items.

D. Provide attachment and connection devices and methods necessary for securing work. Secure work true to line and level. Allow for expansion.

E. Visual Effects: Provide uniform joint widths in exposed work. Arrange joints in exposed work to obtain the best visual effect. Refer questionable choices to the Architect for final decision.

F. Recheck measurements and dimensions, before starting each installation.

G. Install each component during weather conditions and Project status that will ensure the best possible results. Isolate each part of the completed construction from incompatible material as necessary to prevent deterioration.

H. Coordinate temporary enclosures with required inspections and tests, to minimize the necessity of uncovering completed construction for that purpose.

I. Mounting Heights: Where mounting heights are not indicated, install individual components at standard mounting heights recognized within the industry for the particular application indicated. Refer questionable mounting height decisions to the Architect for final decision.

3.2 CLEANING AND PROTECTION

A. During handling and installation, clean and protect construction in progress and adjoining materials in place. Apply protective covering where required to assure protection from damage or deterioration at Substantial Completion.

B. Clean and maintain completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to assure operability without damaging effects.

C. Limiting Exposures: Supervise construction activities to ensure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period.

CBA #16.13 PROJECT COORDINATION 01040-3

3.3 PROTECTION OF PERSONS AND PROPERTY

A. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work.

B. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to:

1. All employees on the Work and all other persons who may be affected thereby,

2. all the Work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor of any of his Subcontractors of Sub-subcontractors; and

3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walk, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

C. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying Owners and Users of adjacent utilities.

D. When the use of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care in compliance with State and Local regulations and shall carry on such activities under the supervision of properly qualified personnel.

E. All damage or loss to any property referred to herein caused in whole or in part by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them as be liable, shall be remedied by the Contractor.

F. The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s Superintendent unless otherwise designated in writing by the Contractor to the Owner.

G. The Contractor shall comply in all respects with the state construction safety code and with applicable federal regulations, and shall see that all Subcontractors comply with the codes and regulations wherever and whenever they are applicable.

H. The Contractor is specifically directed to comply with Section 7 of the Construction Safety Code which requires among other things, first aid kits to be available and the name of the nearest physician and ambulance service to be posted.

I. The Contractor shall notify the Owner immediately if any accident of injury occurring on the project.

J. Where electric or gas welding or cutting work is done above or within ten feet of combustible material or above space that may be occupied be persons; interposed shields of incombustible materials shall be used to protect against fire damage or injury due to sparks or hot metal.

CBA #16.13 PROJECT COORDINATION 01040-4

K. Tanks supplying gases for gas welding or cutting shall be placed at no greater distance from the Work than is necessary for safety, securely fastened and maintained in an upright position where practicable. Such tanks, when stored for use, should be removed from any combustible material and free from exposures to the ray of the sun or to high temperatures. Remove all tanks from the building at the end of each day.

L. Suitable fire extinguisher equipment shall be maintained near all welding and cutting operations. When operations cease for the noon hour or at the end of the day, the surroundings adjacent to welding and cutting operations should be thoroughly wet down.

M. A workman equipped with suitable fire extinguishing equipment should be stationed near welding and cutting operations to see that sparks do not lodge in floor cracks, or pass through floor or wall openings or lodge in any combustible material. The workmen shall be kept at the source or work offering special hazards for 30 minutes after the job is completed, to make sure that no smoldering fires have been started.

N. In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss.

END OF SECTION 01040

CBA #16.13 REFERENCE STANDARDS AND DEFINITIONS 01095-1

SECTION 01095 - REFERENCE STANDARDS AND DEFINITIONS

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section.

1.2 DEFINITIONS

A. General: Basic contract definitions are included in the Conditions of the Contract.

B. Indicated: The term indicated refers to graphic representations, notes, or schedules on the Drawings, or other paragraphs or Schedules in the Specifications, and similar requirements in the Contract Documents. Terms such as shown, noted, scheduled, and specified are used to help the reader locate the reference. There is no limitation on location.

C. Directed: Terms such as directed, requested, authorized, selected, approved, required, and permitted mean directed by the Architect, requested by the Architect, and similar phrases.

D. Approved: The term approved, when used in conjunction with the Architect’s action on the Contractor's submittals, applications, and requests, is limited to the Architect's duties and responsibilities as stated in the Conditions of the Contract.

E. Regulations: The term regulations includes laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, as well as rules, conventions, and agreements within the construction industry that control performance of the Work.

F. Furnish: The term furnish means supply and deliver to the Project Site, ready for unloading, unpacking, assembly, installation, and similar operations.

G. Install: The term install describes operations at the Project Site including the actual unloading, unpacking, assembly, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations.

H. Provide: The term provide means to furnish and install, complete and ready for the intended use.

I. Installer: An installer is the Contractor or another entity engaged by the Contractor, either as an employee, Subcontractor, or Contractor of lower tier, to perform a particular construction activity, including installation, erection, application, and similar operations. Installers are required to be experienced in the operations they are engaged to perform.

1. The term experienced, when used with the term installer, means having a minimum of five previous projects similar in size and scope to this Project, being familiar with the special requirements indicated, and having complied with requirements of the authority having jurisdiction.

2. Trades: Using terms such as carpentry is not intended to imply that certain construction activities must be performed by accredited or unionized individuals of a corresponding generic name, such as carpenter. It also does not imply that requirements specified apply exclusively to trades persons of the corresponding generic name.

CBA #16.13 REFERENCE STANDARDS AND DEFINITIONS 01095-2

3. Assigning Specialists: Certain Sections of the Specifications require that specific construction activities shall be performed by specialists who are recognized experts in those operations. The specialists must be engaged for those activities, and their assignments are requirements over which the Contractor has no choice or option. However, the ultimate responsibility for fulfilling contract requirements remains with the Contractor.

a. This requirement shall not be interpreted to conflict with enforcing building codes and similar regulations governing the Work. It is also not intended to interfere with local trade-union jurisdictional settlements and similar conventions.

J. Project Site is the space available to the Contractor for performing construction activities either exclusively or in conjunction, with others performing other work as part of the Project. The extent of the Project Site is shown on the Drawings and may or may not be identical with the description of the land on which the Project is to be built.

K. Testing Agencies: A testing agency is an independent entity engaged to perform specific inspections or tests, either at the Project Site or elsewhere, and to report on and, if required, to interpret results of those inspections or tests.

1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION

A. Specification Format: These Specifications are organized into Divisions and Sections based on Construction Specifications Institute’s 16-Division format and MASTERFORMAT numbering system.

B. Specification Content: This Specification uses certain conventions regarding the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations or circumstances. These conventions are explained as follows:

1. Abbreviated Language: Language used in Specifications and other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words that are implied, but not stated, shall be interpolated as the sense requires. Singular words will be interpreted as plural and plural words interpreted as singular where applicable as the context of the Contract Documents indicates.

2. Imperative and streamlined language is used generally in the Specifications. Requirements expressed in the imperative mood are to be performed by the Contractor and/or Seller. At certain locations in the Text, subjective language is used for clarity to describe responsibilities that must be fulfilled indirectly by the Contractor or by others when so noted.

a. The words shall be are implied where a colon (:) is used within a sentence or phrase.

1.4 INDUSTRY STANDARDS

A. Applicability of Standards: Except where the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference.

B. Publication Dates: Comply with the standards in effect as of the date of the Contract Documents.

CBA #16.13 REFERENCE STANDARDS AND DEFINITIONS 01095-3

C. Conflicting Requirements: Where compliance with two or more standards is specified and where the standards establish different or conflicting requirements for minimum quantities or quality levels, refer requirements that are different but apparently equal and other uncertainties to the Architect for a decision before proceeding.

1. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of the requirements. Refer uncertainties to the Architect for a decision before proceeding.

D. Copies of Standards: Each entity engaged in construction on the Project is required to be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents.

1. Where copies of standards are needed to perform a required construction activity, the Contractor shall obtain copies directly from the publication source.

E. Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. Where such acronyms or abbreviations are used in the Specifications or other Contract Documents, they mean the recognized name of the trade association, standards-generating organization, authorities having jurisdiction, or other entity applicable to the context of the text provision. Refer to the "Encyclopedia of Associations," published by Gale Research Co., available in most libraries.

1.5 GOVERNING REGULATIONS AND AUTHORITIES

A. Copies of Regulations: Obtain copies of the following regulations and retain at the Project Site to be available for reference by parties who have a reasonable need.

1.6 SUBMITTALS

A. Permits, Licenses, and Certificates: For the Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records established in conjunction with compliance with standards and regulations bearing upon performance of the work.

PART 2 - PRODUCTS

(Not Applicable)

PART 3 - EXECUTION

(Not Applicable)

END OF SECTION 01095

CBA #13.16 PROJECT MEETINGS 01200-1

SECTION 01200 - PROJECT MEETINGS

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section specifies administrative and procedural requirements for project meetings, including but not limited to the following:

1. Pre-Construction Conference.

2. Progress Meetings.

1.3 PRE-CONSTRUCTION CONFERENCE

A. Architect shall schedule a pre-construction conference and organizational meeting at the Project site or other convenient location no later than 15 days after execution of the Agreement and prior to commencement of construction activities. Conduct the meeting to review responsibilities and personnel assignments.

B. Attendees: The Owner, Architect, and their consultants; the Contractor and its superintendent; major subcontractors, manufacturers, suppliers and other concerned parties shall each be represented at the conference by persons familiar with and authorized to conclude matters relating to the work.

C. Agenda: Discuss items of significance that could affect progress, including such topics as:

1. Tentative construction schedule.

2. Designation of responsible personnel.

3. Procedures for processing field decisions and Change Orders.

4. Procedures for processing Applications for Payment.

5. Distribution of Contract Documents.

6. Submittal of Shop Drawings, Product Data, and Samples.

7. Preparation of record documents.

8. Use of the premises.

1.4 PROGRESS MEETINGS

A. Conduct periodic progress meetings at the Project site at regularly prescheduled intervals. Notify the Owner and the Architect of scheduled meeting dates. Coordinate dates of meetings with preparation of the payment request.

CBA #13.16 PROJECT MEETINGS 01200-2

B. Attendees: In addition to representatives of the Owner and Architect, each subcontractor, supplier, or other entity concerned with current progress or involved in planning, coordination or performance of future activities shall be represented at these meetings by persons familiar with the Project and authorized to conclude matters relating to progress.

C. Agenda: Review and correct or approve minutes of the previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to the current status of the Project.

D. Reporting: No later than 3 days after each meeting, the Prime Contractor shall distribute minutes of the meeting to each party present and to parties who should have been present. Include a brief summary, in narrative form, of progress since the previous meeting and report.

PART 2 - PRODUCTS

(Not Applicable)

PART 3 - EXECUTION

(Not Applicable)

END OF SECTION 01200

SUBMITTALS 01300-1

SECTION 01300 - SUBMITTALS

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section includes administrative and procedural requirements for submittals required for performance of the work, including:

1. Contractor's construction schedule. 2. Submittal schedule. 3. Daily construction reports. 4. Product Data. 5. Samples.

B. Administrative Submittals: Refer to other Division 1 Sections and other Contract

Documents for requirements for administrative submittals. Such submittals include, but are not limited to:

1. Applications for Payment, including schedule of values. 2. Performance and payment bonds. 3. Insurance certificates. 4. List of Subcontractors.

1.3 SUBMITTAL PROCEDURES

A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. Transmit each submittal sufficiently in advance of performance of related construction activities to avoid delay.

B. Submittal Preparation: Place a permanent label or title block on each submittal for identification. Indicate the name of the entity that prepared each submittal on the label or title block.

C. Submittal Transmittal: Package each submittal appropriately for transmittal and handling. Transmit each submittal from the Contractor to Architect using a transmittal form. Submittals received from sources other than the Contractor will be returned without action.

D Refer to Sections 07900- Sealants for additional information.

1.4 CONSTRUCTION SCHEDULE

A. Bar-Chart Schedule: Prepare a fully developed, horizontal bar-chart-type of Contractor’s construction schedule. Submit with initial application for payment.

B. Distribution: Following response to the initial submittal, print and distribute copies to the Architect, Owner, Subcontractors, and other parties required to comply with scheduled dates.

SUBMITTALS 01300-2

1.5 PRODUCT DATA and SAMPLES

A. Collect Product Data into a single submittal for each element of construction or system. Product Data includes printed information, such as manufacturer's installation instructions, preparation of joint surfaces, sealants, primers, cleaners, etc.. Where Product Data must specially be prepared because standard printed data is not suitable for use, submit as “Shop Drawings.”

B. Refer to Sections 07900- Sealants.

1.6 ARCHITECT'S ACTION

A. Except for submittals for the record, information or similar purposes, where action and return is required or requested, the Architect will review each submittal, mark to indicate action taken, and return promptly.

1. Compliance with specified characteristics is the Contractor’s responsibility.

B. Action Stamp: The Architect will stamp each submittal with a uniform, self-explanatory action stamp.

PART 2 - PRODUCTS

(Not Applicable)

PART 3 - EXECUTION

(Not Applicable) END OF SECTION 01300

CBA #16.13 QUALITY CONTROL 01400-1

SECTION 01400 - QUALITY CONTROL

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section includes administrative and procedural requirements for quality control services.

B. Quality control services include inspections and tests and related actions including reports performed by independent agencies, governing authorities and the Contractor. They do not include Contract enforcement activities performed by the Architect.

C. Inspection and testing services are required to verify compliance with requirements specified or indicated. These services do not relieve the Contractor of responsibility for compliance with Contract Document requirements.

D. Requirements of this Section relate to customized fabrication and installation procedures, not production of standard products.

1.3 RESPONSIBILITIES

A. Contractor’s Responsibilities: The Contractor shall provide inspections, tests and similar quality control services, specified in individual Sections and required by governing authorities, except where they are specifically indicated to be the Owner’s responsibility, or are provided by another identified entity; these services include those specified to be performed by an independent agency and not by the Contractor. Costs for these services shall be included in the Contract Sum.

1. Retesting: The Contractor is responsible for retesting where results of required inspections, tests or similar services prove unsatisfactory and do not indicated compliance with Contract Document requirements, regardless of whether the original test was Contractor's responsibility.

a. Cost of retesting construction revised or replaced by the Contractor is the Contractor’s responsibility, where required tests were performed on original construction.

2. Associated Services: The Contractor shall cooperate with agencies performing required inspections, tests, and similar services and provide reasonable auxiliary services as requested. Notify the agency sufficiently in advance of operations to permit assignment of personnel.

B. Duties of the Testing Agency: The independent agency engaged to perform inspections, sampling, and testing of materials and construction specified in individual Specification Sections shall cooperate with the Architect and the Contractor in performance of its duties, and shall provide qualified personnel to perform required inspections and tests.

C. Coordination: The Contractor and each agency engaged to perform inspections, tests and similar services shall coordinate the sequence of activities to accommodate required

CBA #16.13 QUALITY CONTROL 01400-2

services with a minimum of delay. In addition, the Contractor and each agency shall coordinate activities to avoid the necessity of removing and replacing construction to accommodate inspections and tests.

1.4 SUBMITTALS

A. The independent testing agency shall submit a certified written report of each inspection, test, or similar service to the Architect, in duplicate, unless the Contractor is responsible for the service. If the Contractor is responsible for the service, submit a certified written report of each inspection, test or similar service through the Contractor, in duplicate.

1.5 QUALITY ASSURANCE

A. Qualifications for Service Agencies: Engage inspection and testing service agencies, including independent testing laboratories, that are prequalified as complying with “Recommended Requirements for Independent Laboratory Qualification” by the American Council of Independent Laboratories and which specialize in the types of inspections and tests to be performed.

PART 2 - PRODUCTS

(Not Applicable)

PART 3 - EXECUTION

3.1 REPAIR AND PROTECTION

A. General: Upon completion of inspection, testing, sample taking and similar services, repair damaged construction and restore substrates and finishes to eliminate deficiencies, including deficiencies in visual qualifies of exposed finishes. Comply with Contract Document requirements for "Cutting and Patching."

B. Protect construction exposed by or for quality control service activities, and protect repaired construction.

C. Repair and protection is Contractor's responsibility, regardless of the assignment of responsibility for inspection, testing, or similar services.

END OF SECTION 01400

MATERIALS AND EQUIPMENT 01600-1

SECTION 01600 - MATERIALS AND EQUIPMENT

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section includes administrative and procedural requirements governing the Contractor's selection of products for use in the Project.

1.3 DEFINITIONS

A. Definitions used in this Article are not intended to change the meaning of other terms used in the Contract Documents, such as "specialties," "systems," "structure," "finishes," "accessories," and similar terms. Such terms are self-explanatory and have well-recognized meanings in the construction industry.

1. "Products" are items purchased for incorporation in the work, whether purchased for the Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent.

a. "Named Products" are items identified by the manufacturer's product name, including make or model number or other designation, shown or listed in the manufacturer's published product literature that is current as of the date of the Contract Documents.

b. "Foreign Products," as distinguished from "domestic products," are items substantially manufactured (50 percent or more of value) outside the United States and its possessions. Products produced or supplied by entities substantially owned (more than 50 percent) by persons who are not citizens of, nor living within, the United States and its possessions are also considered to be foreign products.

2. "Materials" are products substantially shaped, cut, worked, mixed, finished, refined or otherwise fabricated, processed, or installed to form a part of the work.

3. "Equipment" is a product with operational parts, whether motorized or manually operated, that requires service connections, such as wiring or piping.

1.4 SUBMITTALS

A. Product List: Prepare a list showing products specified in tabular form acceptable to the Architect. Include generic names of products required. Include the manufacturer's name and proprietary product names for each item listed.

1.5 QUALITY ASSURANCE

A. Source Limitations: To the fullest extent possible, provide products of the same kind from a single source.

MATERIALS AND EQUIPMENT 01600-2

1. When specified products are available only from sources that do not, or cannot, produce a quantity adequate to complete project requirements in a timely manner, consult with the Architect to determine the most important product qualities before proceeding. Qualities may include attributes, such as visual appearance, strength, durability, or compatibility. When a determination has been made, select products from sources producing products that possess these qualities, to the fullest extent possible.

B. Nameplates: Except for required labels and operating data, do not attach or imprint manufacturer's or producer's nameplates or trademarks on exposed surfaces of products that will be exposed to view in occupied spaces or on the exterior.

1. Labels: Locate required product labels and stamps on concealed surfaces or, where required for observation after installation, on accessible surfaces that are not conspicuous.

2. Equipment Nameplates: Provide a permanent nameplate on each item of service-connected or power-operated equipment. Locate on an easily accessible surface that is inconspicuous in occupied spaces. The nameplate shall contain the following information and other essential operating data:

a. Name of product and manufacturer.

b. Model and serial number.

c. Capacity.

d. Speed.

e. Ratings.

1.6 PRODUCT DELIVERY, STORAGE, AND HANDLING

A. Deliver, store, and handle products according to the manufacturer's recommendations, using means and methods that will prevent damage, deterioration, and loss, including theft.

PART 2 - PRODUCTS

2.1 PRODUCT SELECTION

A. General Product Requirements: Provide products that comply with the Contract Documents, that are undamaged and, unless otherwise indicated, new at the time of installation.

1. Provide products complete with accessories, trim, finish, safety guards, and other devices and details needed for a complete installation and the intended use and effect.

B. Product Selection Procedures: The Contract Documents and governing regulations govern product selection. Procedures governing product selection include the following:

MATERIALS AND EQUIPMENT 01600-3

1. Proprietary Specification Requirements: The Specifications indicate only a single product and manufacturer for the sealant. THE SEALANT FOR THIS PROJECT IS PROPRIETORY and NO SUBSTITUTIONS WILL BE PERMITTED since the sealant for this project needs to match the sealant installed in the recent window replacement projects in this building.

PART 3 - EXECUTION

3.1 INSTALLATION OF PRODUCTS

A. Comply with manufacturer's instructions and recommendations for installation of products in the applications indicated. Anchor each product securely in place, accurately located and aligned with other work.

1. Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion.

END OF SECTION 01600

PRODUCT SUBSTITUTIONS 01631-1

SECTION 01631 - PRODUCT SUBSTITUTIONS

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division-1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This project requires a Proprietary Specifications. The Specifications name only a single product and manufacturer. THE SEALANT FOR THIS PROJECT IS PROPRIETORY and NO SUBSTITUTIONS WILL BE PERMITTED FOR THIS PROJECT since the sealant for this project needs to match the sealant installed in the recent window replacement projects in this building. Refer to section 07900- Joint Sealant.

PART 2 - PRODUCTS

PART 3 - EXECUTION

(Not Applicable).

END OF SECTION 01631

CBA #13.58 CONTRACT CLOSEOUT 01700-1

SECTION 01700 - CONTRACT CLOSEOUT

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section specifies administrative and procedural requirements for project closeout, including, but not limited to:

1. Inspection procedures. 2. Project record document submittal. (As-built drawings) 3. Submittal of documents as per PART B – CONSTRUCTION ADMINISTRATION.

of the Project Manual. 4. Final cleaning.

1.3 SUBSTANTIAL COMPLETION

A. Preliminary Procedures: Before requesting inspection for certification of Substantial Completion, complete the following. List exceptions in the request.

1. In the Application for Payment that coincides with, or first follows, the date Substantial Completion is claimed, show 100 percent completion for the portion of the Work claimed as substantially complete. Include supporting documentation for completion as indicated in these Contract Documents and a statement showing an accounting of changes to the Contract Sum.

2. Advise the Owner of pending insurance changeover requirements.

3. Submit specific warranties, workmanship bonds, maintenance agreements, final certifications, and similar documents.

4. Obtain and submit releases enabling the Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases.

5. Submit record drawings, maintenance manuals, final project photographs, damage or settlement survey, property survey, and similar final record information.

6. Deliver tools, spare parts, extra stock, and similar items.

7. Complete startup testing of systems and instruction of the Owner's operating and maintenance personnel. Discontinue or change over and remove temporary facilities from the site, along with construction tools, mockups, and similar elements.

8. Complete final cleanup requirements, including touch up painting. Touch up and otherwise repair and restore marred, exposed finishes.

CBA #13.58 CONTRACT CLOSEOUT 01700-2

B. Inspection Procedures: On receipt of a request for inspection, the Architect will either proceed with inspection or advise the Contractor of unfilled requirements. The Architect will prepare the Certificate of Substantial Completion following inspection, or advise the Contractor of construction that must be completed or corrected before the certificate will be issued.

1.4 FINAL ACCEPTANCE

A. Preliminary Procedures: Before requesting final inspection for certification of final acceptance and final payment, complete the following. List exceptions in the request.

1. Submit the final payment request per HUD Forms

2. Submit an updated final HUD changes to the Contract Sum.

3. Submit consent of surety to final payment and Maintenance bond.

4. Submit a final liquidated damages settlement statement.

5. Submit evidence of final, continuing insurance coverage complying with insurance requirements.

B. Reinspection Procedure: The Architect will reinspect the work upon receipt of notice that the work, including inspection list items from earlier inspections, has been completed, except items whose completion has been delayed under circumstances acceptable to the Architect.

1.5 RECORD DOCUMENT SUBMITTALS

A. General: Do not use record documents for construction purposes; protect from deterioration and loss in a secure, fire-resistant location; provide access to record documents for the Architect’s reference during normal working hours.

B. Record Drawings: Maintain a clean, undamaged set of blue or black line white-prints of Contract Drawings and Shop Drawings. Mark the set to show the actual installation where the installation varies substantially from the Work as originally shown. Mark which drawing is most capable of showing conditions fully and accurately; where Shop Drawings are used, record a cross-reference at the corresponding location on the Contract Drawings. Give particular attention to concealed elements that would be difficult to measure and record at a later date.

1. Mark record sets with red erasable pencil; use other colors to distinguish between variations in separate categories of the work.

2. Mark new information that is important to the Owner, but was not shown on Contract Drawings or Shop Drawings.

3. Note related change order numbers where applicable.

4. Organize record drawing sheets into manageable sets, bind sets with durable paper cover sheets, and print suitable titles, dates and other identification on the cover of each set.

C. Record Product Data: Maintain one copy of each Product Data submittal. Mark these documents to show significant variations in actual Work performed in comparison with

CBA #13.58 CONTRACT CLOSEOUT 01700-3

information submitted. Include variations in products delivered to the site and from the manufacturer's installation instructions and recommendations. Give particular attention to concealed products and portions of the Work that cannot otherwise be readily discerned later by direct observation. Note related Change Orders and mark-up record drawings and Specifications.

D. Miscellaneous Record Submittals: Refer to other Specification Sections for requirements of miscellaneous record keeping and submittals in connection with actual performance of the Work. Immediately prior to the date or dates of Substantial Completion, complete miscellaneous records and place in good order, properly identified and bound or filed, ready for continued use and reference. Submit to the Architect for the Owner's records.

E. Maintenance Manuals: Organize operation and maintenance data into suitable sets of manageable size. Bind properly indexed data in individual, heavy-duty, 2-inch, 3-ring, vinyl-covered binders, with pocket folders for folded sheet information. Mark appropriate identification on front and spine of each binder. Include the following types of information:

1. Emergency instructions. 2. Spare parts list. 3. Copies of warranties. 4. Recommended maintenance procedures. 5. Inspection procedures. 6. Shop Drawings and Product Data.

PART 2 - PRODUCTS

(Not Applicable)

PART 3 - EXECUTION

3.1 CLOSEOUT PROCEDURES

A. Operation and Maintenance Instructions: Arrange for each Installer of equipment that requires regular maintenance to meet with the Owner's personnel to provide instruction in proper operation and maintenance. If installers are not experienced in procedure, provide instruction by manufacturer’s representatives. Include a detailed review of the following items:

1. Maintenance manuals. 2. Record documents. 3. Spare parts and materials. 4. Tools. 5. Control sequences. 6. Cleaning. 7. Warranties and bonds.

3.2 FINAL CLEANING

A. General: General cleaning during construction is required by the General Conditions and is included in Section "Temporary Facilities."

B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to the condition expected in a normal, commercial building cleaning and maintenance program. Comply with manufacturer's instructions.

CBA #13.58 CONTRACT CLOSEOUT 01700-4

C. Removal of Protection: Remove temporary protection and facilities installed for protection of the work during construction.

D. Compliance: Comply with regulations of authorities having jurisdiction and safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials on the Owner's property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove waste materials from the site and dispose of in a lawful manner.

1. Where extra materials of value remaining after completion of associated work, have become the Owner's property, arrange for disposition of these materials as directed.

END OF SECTION 01700

WARRANTIES AND BONDS 01740-1

SECTION 01740 - WARRANTIES AND BONDS

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section includes administrative and procedural requirements for warranties required by the Contract Documents, including manufacturers standard warranties on products and special warranties.

1. Refer to the General Conditions for terms of the Contractor's special warranty of workmanship and materials.

2. General closeout requirements are included in Section “Project Closeout.”

3. Specific requirements for warranties for the work and products and installations that are specified to be warranted, are included in the individual Sections.

4. Certifications and other commitments and agreements for continuing services to Owner are specified elsewhere in the Contract Documents.

B. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product warranties do not relieve the Contractor of the warranty on the work that incorporates the products. Manufacturer's disclaimers and limitations on product warranties do not relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with the Contractor.

1.3 WARRANTY REQUIREMENTS

A. Related Damages and Losses: When correcting warranted work that has failed, remove and replace other work that has been damaged as a result of such failure or must be removed and replaced to provide access for correction of warranted work.

B. Reinstatement of Warranty: When work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation.

C. Replacement Cost: Upon determination that work covered by a warranty has failed, replace or rebuild the work to an acceptable condition complying with requirements of Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding defective work regardless of whether the Owner has benefited from use of the work through a portion of its anticipated useful service life.

D. Owner's Recourse: Expressed warranties made to the Owner are in addition to implied warranties and shall not limit the duties, obligations, rights, and remedies otherwise available under the law, nor shall warranty periods be interpreted as limitations on the time in which the Owner can enforce such other duties, obligations, rights, or remedies.

WARRANTIES AND BONDS 01740-2

1. Rejection of Warranties: The Owner reserves the right to reject warranties and to limit selection to products with warranties not in conflict with requirements of the Contract Documents.

E. The Owner reserves the right to refuse to accept work for the Project where a special warranty, certification, or similar commitment is required on such work or part of the work, until evidence is presented that entities required to countersign such commitments are willing to do so.

1.4 SUBMITTALS

A. Submit written warranties to the Architect prior to the date certified for Substantial Completion. If the Architect's Certificate of Substantial Completion designates a commencement date for warranties other than the date of Substantial Completion for the work, or a designated portion of the work, submit written warranties upon request of the Architect.

B. When a special warranty is required to be executed by the Contractor, or the Contractor and a Subcontractor, supplier or manufacturer, prepare a written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the Owner through the Architect for approval prior to final execution.

PART 2 - PRODUCTS

(Not Applicable)

PART 3 - EXECUTION

(Not Applicable)

END OF SECTION 01740

CBA #17.31 CONSTRUCTION SCHEDULES AND MILESTONES 01800-1

SECTION 01800 - CONSTRUCTION SCHEDULES AND MILESTONES

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the contract, including general and supplementary conditions and other Division 1 specification sections, apply to this section.

1.2 SUMMARY

A. This section specifies the construction schedules and milestones governing the contractor’s work.

B. The prime contractor shall be responsible to coordinate the work and construction activities of his “direct” employees and “sub-contractors” to assure an efficient and timely installation of each phase of the work in accordance with the construction schedule specified herein.

The prime contractor shall furnish all required manpower to meet the construction schedule defined in the PROPOSAL FORM: The contractor shall complete the work as stipulated in the Notice to Proceed, within NINETY (90) CALENDAR DAYS after the receipt of the Notice to Proceed. This time shall include preparation, submission and approval of required documents.

C. Upon notice of award of contract, the Contractor shall perform the following:

1. All material submittals shall be submitted to the Architect within twenty (20) CALENDAR days of award of contract.

END OF SECTION 01800

CBA #17.31 JOINT SEALERS 07900-1

SECTION 07900 - JOINT SEALERS

PART 1 - GENERAL

1.1 RELATED DOCUMENTS:

A. Drawings and General provisions of Contract, including General and Supplementary Conditions and Division 1 Specifications Sections apply to work of this section.

1.2 SUMMARY:

Section include the exterior sealed joints to maintain a waterproofed envelope:

A. Exterior Sealant replacement for the joints between the curtainwall framing and the masonry veneer or the roof concrete beam. B. Sealant replacement for the joints between the curtainwall framing and the insulated panels.

C. Sealant replacement for the joints between the curtainwall framing and the windows.

D. Sealant replacement for the joints between the curtainwall framing and the louvers.

E. Sealant replacement for the joints between equipment and the insulated panels.

F. Sealants for joints In-Between window jambs.

1.3 SYSTEM DESCRIPTION

A. All exterior sealed joints are required to maintain a waterproof envelope.

B. Proprietary Specification Requirements: THE SEALANT FOR THIS PROJECT IS PROPRIETORY and NO SUBSTITUTIONS WILL BE PERMITTED: since the sealant for this project needs to match the sealant installed in the recent window replacement projects in this building.

C.

1.4 SUBMITTALS:

A. Product Data:

1. Submit data for sealant materials, and accessories: cleaners, primers, backer rod, bond breakers, substrate preparation, and installation instructions and recommendations.

B. Samples: Submit two sets of samples, 3 inches long illustrating sealant color as selected.

C. Manufacturer’s Installation Instructions: Submit special procedures, surface preparation, and perimeter conditions requiring special attention.

CBA #17.31 JOINT SEALERS 07900-2

1.5 QUALIFICATIONS

A. Manufacturer: Company specializing in manufacturing products specified in this section with minimum three years documented experience.

B. Applicator: Company specializing in performing Work of this section with minimum three years documented experience.

1.6 ENVIRONMENTAL REQUIREMENTS

A. Maintain temperature and humidity recommended by sealant manufacturer during and after installation.

1.8 WARRANTY

A. Provide five year manufacturer’s warranty for installed sealants and related products, which fail to achieve airtight seal or watertight seal, exhibit loss of adhesion or cohesion, and sealants which do not cure.

PART 2 – PRODUCTS

2.1 JOINT SEALERS: A. Polyurethane Sealant, low modulus, 1-component, non-sag, ASTM C920. Manufacturer: Sika Corporation Product: Sikaflex- 15LM Color: Medium Bronze Location: Exterior glasswall and window joints.

2.2 ACCESSORIES:

A. Primer: Non-staining type, as recommended by sealant manufacturer to suit application to masonry and concrete surfaces, aluminum framing in storefront and windows, etc.

A. Joint Cleaner: Non-corrosive and non-staining type, recommended by sealant manufacturer; compatible with joint forming materials.

B. Joint Backing: Round close cell backer rod compatible with sealant; oversized 30 to 50 percent larger than joint width; as recommended by sealant manufacturer to suit application.

C. Bond Breaker: Pressure sensitive tape recommended by sealant manufacturer to suit application.

PART 3 – EXECUTION

3.1 EXAMINATION

A. Verify substrate surfaces and joint openings to receive work.

B. Verify joint backing are compatible with sealant.

CBA #17.31 JOINT SEALERS 07900-3

3.2 PREPARATION:

1. Remove existing sealant completely in all joints of the scope of work of this project.

2. Remove loose materials and foreign matter which might impair adhesion of sealant.

3. Clean and Prime joints.

5. Perform all preparation in accordance with ASTM C1193, and the sealant manufacturer’s instructions.

6. Protect elements surrounding the Work from damage or disfiguration.

3.3 INSTALLATION:

1. Perform installation in accordance with ASTM C1193 and the sealant manufacturer’s instructions.

2. Measure joint dimensions and size joint backers to achieve width-to-depth ratio, neck dimension, and surface bond area as recommended by manufacturer.

3. Install bond breaker where joint backing is not used.

4. Install sealant free of air pockets, foreign embedded matter, ridges, and sags.

5. Apply sealant within recommended application temperature ranges. Consult manufacturer when sealant cannot be applied within these temperature ranges.

6. Tool joints as recommended for this application.

7. Precompressed Foam Sealant: Do not stretch; avoid joints except at corners, ends, and intersections; install with face 1/8 to ¼ inch below adjoining surface.

8. Compression Gaskets: Avoid joint except at ends, corners, and intersections; seal all joints with adhesive; install with face 1/8 to ¼ inch below adjoining surface.

3.4 CLEANING:

A. Clean adjacent solid surfaces.

3.5 PROTECTION OF INSTALLED CONSTRUCTION:

A. Protect sealants until cured.

SECTION 07900