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SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 2013 STATE LINE LAGOON IMPROVEMENTS STATE LINE, MISSISSIPPI

FONTAINE ENGINEERING, LLC 115 MAIN STREET QUITMAN, MISSISSIPPI 39355 Job No.: 7184 Date: FEBRUARY 2014

TABLE OF CONTENTS 00003-1

SECTION 00003

TABLE OF CONTENTS

INTRODUCTORY INFORMATION

DOCUMENT NUMBER TITLE PAGES

00001 TITLE SHEET 1

00003 TABLE OF CONTENTS 2

00004 LIST OF DRAWINGS 1

BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT

00010 NOTICE TO BIDDERS 1

00100 INSTRUCTIONS TO BIDDERS 5

00300 BID FORM 5

00301 EMPLOYMENT PLAN 1

00302 SECTION 3 PLAN FORMAT 5

00500 AGREEMENT FORM (STIPULATED PRICE) 5

00610 PERFORMANCE BONDS 1

00620 PAYMENT BONDS 1

00650 CERTIFICATES OF INSURANCE 1

00700 GENERAL CONDITIONS 31

00800 SUPPLEMENTARY CONDITIONS 3

00820 EQUAL OPPORTUNITY PROVISIONS 2

00850 CDBG TERMS & CONDITIONS 6

00851 SPECIAL PROVISIONS (HUD AND CDBG) 8

00852 SECTION 3 REQUIREMENTS (HUD) 28

00900 ADDENDA 1

DIVISION 1 - GENERAL REQUIREMENTS

01010 SUMMARY OF WORK 1

01020 WAGE RATES AND LABOR STANDARDS 1

01020-A ATTACHMENT FOR FEDERAL LABOR STANDARDS 16

TABLE OF CONTENTS 00003-2

01021 CASH ALLOWANCES 1

01025 MEASUREMENT & PAYMENT 2

01030 ALTERNATES 1

01036 CHANGE ORDER PROCEDURE 2

01045 CUTTING AND PATCHING 2

01050 FIELD ENGINEERING 1

01210 PRE-CONSTRUCTION CONFERENCE 1

01300 SUBMITTALS 2

01400 QUALITY CONTROL 1

01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 4

01515 CONSTRUCTION WASTE MANAGEMENT 6

01610 DELIVERY, STORAGE AND HANDLING 1

TECHNICAL SPECIFICATIONS

02731 SANITARY SEWER 4

03302 CONCRETE 3

11354 CHEMICAL FEED EQUIPMENT 3

11355 ROTATING BIOLOGICAL CONTACTOR CONTROLS 2

11378 ELECTRIC HORIZONTAL FLOATING BIOFILM NITRIFICATION ROTORS 5

13123 FIBERGLASS SHELTER 1

15420 PLUMBING EQUIPMENT 2

16000 BASIC ELECTRICAL MATERIALS AND METHODS 3

16060 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 6

17000 PROCESS INSTRUMENTATION AND CONTROLS 7

ENGINEERING DRAWINGS

N/A 2013 STATE LINE LAGOON IMPROVEMENTS 8

LIST OF DRAWINGS 00004-1

DOCUMENT 00004 LIST OF DRAWINGS The following is a list of Contract Drawings upon which this contract is to be based. These drawings are entitled 2013 LAGOON IMPROVEMENTS and dated FEBRUARY, 2013 with revision dates (if any), as noted. They will be supplemented by additional shop and dimensional drawings of materials and equipment and other drawings where specified. DRAWING # TITLE REVISION DATE COVER G1.0 GENERAL NOTES C1.0 SITE PLAN P1.0 PIPING PLAN D1.0 DISINFECTION DETAILS D2.0 RBC DETAILS D3.0 CONTACT CHAMBER DETAILS D4.0 CONTROL PANEL DETAILS END OF DOCUMENT

NOTICE TO BIDDERS 00010-1

SECTION 00010 NOTICE TO BIDDERS

Sealed proposals for the construction of the STATE LINE LAGOON IMPROVEMENTS 2013 will be received by the TOWN OF STATE LINE at the Town Hall, 229 MAIN STREET, STATE LINE, Mississippi 39362 until 11:00 am local time on March 10, 2014, and immediately thereafter will be opened and publicly read.

The work to be done consists generally of, but not limited to:

A New Disinfection System, Chlorine Contact Chamber, Flow Monitoring, and Rotating Biological Contactors.

Specifications may be obtained Monday through Thursday between the hours of 8:00 till 4:00 from Fontaine

Engineering at: 115 Main Street Quitman, MS 39355, (601) 776-8910 for a deposit of $250.00 per set non-refundable. A copy of the Specifications may be examined at: The Town Hall in STATE LINE, Mississippi.

Each bid shall be accompanied by a Certified Check on a solvent bank or a Bidder's Bond issued by a Surety Company licensed to operate in the State of Mississippi, in the amount of 5% of the total bid price, as a guarantee that if the bid is accepted, the Bidder will enter into a contract and execute the Performance and Payment Bonds in the form and within the time specified.

The successful Bidder will be required to execute a Performance Bond and a Payment Bond, each in the amount of 100% of the Contract, issued by a Surety Company licensed to operate in the State and shall be named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department.

Each Bidder shall have a Certificate of Responsibility to bid on contracts for public projects in which the bid price exceeds $50,000.00 and for private projects in which the bid price exceeds $100,000.00 as required by the laws of the State of Mississippi. Each Bidder shall show on the outside of the envelope containing his bid: his current certificate of responsibility number and expiration date or if applicable, a statement certifying that the bid enclosed does not exceed $50,000.00 for a public project or $100,000.00 for a private project. Failure to show these items on the outside of the envelope containing the bid will result in the bid being returned to Bidder unopened. Awarding public contracts to non-resident Bidders will be on the same basis as the non-resident Bidder’s state awards contract to Mississippi Contractors bidding under similar circumstances. In order to ensure that Mississippi’s so called Golden Rule is followed, state law requires a non-resident Bidder to attach to his bid a copy of his resident state’s current laws pertaining to such state’s treatment of non-resident contractors.

No Bidder may withdraw his bid for a period of sixty (60) days after date of actual bid opening, without Owner's

consent. The Town of State Line reserves the right to reject any or all proposals received, to waive any informalities in the bids received, and to accept any proposal which is deemed most favorable to the Town of State Line.

Funding for this project is through the Community Development Block Grant Program. All bidders shall conform to the CDBG, HUD, and other federal and state requirements stipulated for this program.

Section 3 Requirements Section 3 of the Housing and Urban Development Act of 1968 requires that the Town and contractors participating in CDBG projects give opportunities for job training and employment to lower income residents of the Section 3 area that is described below:

1. Section 3 also requires that “to the maximum extent feasible: contracts for work in connection with Section 3 covered projects be awarded to business concerns that are located in or owned in substantial part by persons residing in the Section 3 area.

2. The Section 3 area is defined as follows: The Town limits.

BY: Publication Dates: Honorable Terry Simpson, Mayor 06 February 2014 State Line, MISSISSIPPI 13 February 2014

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DOCUMENT 00100 INSTRUCTIONS TO BIDDERS 1. Defined Terms.

1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, the Section 3 Plan Format, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2. Copies of Bidding Documents.

2.1 Complete sets of Bidding Documents for the sum stated in the Advertisement or Invitation to Bid may be obtained from Architect/Engineer. This sum is non-refundable.

2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Architect/Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.3 Owner and Architect/Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. Qualifications of Bidders.

3.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of Owner's request written evidence, such as financial data, previous experience, present commitments and other such data as may be called for. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 4. Examination of Contract Documents and Site.

4.1 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with the local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Architect/Engineer of all conflicts, errors or discrepancies in the Contract Documents.

4.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Architect/Engineer by owners of such Underground Facilities or others, and Owner and Architect/Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.

4.3 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.2 and 4.3 of the General Conditions.

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4.4 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

4.5 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations.

4.6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified on the site plan. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.

4.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. Interpretations and Addenda.

5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Architect/Engineer. Interpretations or clarifications considered necessary by Architect/ Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Architect/Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Architect/Engineer. 6. Bid Security.

6.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum Bid price and in the form of a bank check or a Bid Bond issued by a surety meeting the requirements of Paragraph 5.1 of the General Conditions.

6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the sixty-first day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within ten days after the Bid opening.

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7. Contract Time.

7.1 The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. 8. Liquidated Damages.

8.1 Provisions for liquidated damages are set forth in the Agreement. 9. Substitute or "Or-Equal" Items.

9.1 The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Architect/Engineer, application for such acceptance will not be considered by Architect/Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Architect/Engineer is set forth in Paragraphs 6.4, a through d of the General Conditions and may be supplemented in the General Requirements. 10. Bid Form.

10.1 The Bid Form is included with the Bidding Documents.

10.2 All blanks on the Bid Form must be completed in ink or by typewriter.

10.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

10.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

10.5 All names must be typed or printed below the signature.

10.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

10.7 The address and telephone number for communications regarding the Bid must be shown.

10.8 Bids must include a separate price for each alternate and/or unit price described in the Specifications and as provided for in the Bid Form. The price of the Bid for each alternate will be the amount to be added to or deducted from the price of the base Bid if Owner selects the alternate.

10.9 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances named in the Contract Documents as provided in paragraph 11.6 of the General Conditions.

10.10 All extensions of the unit prices in the Bid Form shall be subject to verification by the Owner. If there is a discrepancy between a unit price and its extension, the unit price shall be considered to be the bid and shall govern. 11. Submission of Bids.

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11.1 Bids shall be submitted at the time and place indicated in the Advertisement or Invitation

to Bid and shall be enclosed in an opaque sealed envelope, with the Bid security and other required documents. The Project title, the Owner's name and address, and name and address of Bidder with license number and expiration date of the Bidder shall be marked on the outside of the envelope. Failure to show these items on the outside of the envelope will result in the Bid being returned to the Bidder unopened.

11.2 Prospective Bidders are furnished one copy of Bidding Documents with two separate unbound copies of the Bid Form. The Bidding Documents are to be retained by the Bidder. One copy of the Bid Form is to be completed and submitted with the Bid security and other required documents. 12. Modification and Withdrawal of Bids.

12.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

12.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 13. Opening of Bids. 13.1 Bids will be opened and unless obviously non-responsive read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 14. Bids to Remain Subject to Acceptance.

14.1 All bids will remain subject to acceptance for sixty days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 15. Award of Contract.

15.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

15.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

15.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

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15.4 Owner may conduct such investigations as Owner deems necessary to assist in the

evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

15.5 If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project.

15.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within sixty days after the day of the Bid opening. 16. Contract Security.

16.1 Paragraph 5.1 of the General Conditions and the Supplementary Conditions describe the Owner's requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds. 17. Signing of Agreement.

17.1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within (15) fifteen days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within (10) ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 18. Pre-bid Conference.

18.1 A pre-bid conference may be held at a time to be announced. Representatives of Owner and Architect/Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Architect/Engineer will transmit to all prospective Bidders of record such Addenda as Architect/Engineer considers necessary in response to questions arising at the conference. 19. Sales and Use Taxes.

19.1 All applicable sales and use taxes are to be included in the Bid. 20. Retainage.

20.1 Provisions concerning retainage and Contractors' rights to deposit securities in lieu of retainage are set forth in the Agreement. END OF DOCUMENT

00300-1

DOCUMENT 00300 BID FORM Project Identification: STATE LINE LAGOON IMPROVEMENTS 2013 This Bid is Submitted to (Name and Address of Owner): THE TOWN OF STATE LINE, MISSISSIPPI 229 MAIN STREET, STATE LINE, MS 39362 This Bid is Submitted from (Contractor): 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with

Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with other terms and conditions of the Contract Documents.

2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions

to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of Owner's Notice of Award.

3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:

a. Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged):

Date Number

b. Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

c. Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of

physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph 4.2 of the General Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely.

d. Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully

studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes.

00300-2

e. Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions.

f. Bidder has correlated the results of all such observations, examinations, investigations,

explorations, tests, reports and studies with the terms and conditions of the Contract Documents.

g. Bidder has given Architect/Engineer written notice to all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Architect/Engineer is acceptable to Bidder.

h. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or

corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid: Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

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4. UNIT PRICE BASE BID

Item Quantity Unit Unit Price Amount

1 1 L

2 1 L

3 1 L

4 2 E

5 1 L

6 1 L

7 1 L

TOTAL BASE BID

Submersible Pumps

Disinfection System (Chlorinator and Sulfinator)

Ultrasonic Flow Measurement, Recorder, and V-Notch Weir

Electrical and Controls

Description

Mobilization

All Piping, Tee, Valves, Boxes, Fittings, and Related Items

Concrete Contact Chamber

S

S

S

A

S

S

S

TOTAL BASE BID PRICE, ITEM NOS. 1 THROUGH 7 INCLUSIVE IN WORDS:

DOLLARS AND

CENTS ($ ) 5. Receipt of the following Addenda is hereby acknowledged: ____________ (Insert number of all addenda received; if no addenda received, insert "None"). 6. Bidder agrees that the Work:

Will be substantially complete within 60 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment within 75 calendar days after the date when the Contract Time commences to run. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time.

7. The following documents are attached to and made a condition of this Bid:

Certified Employment Plan Form For Certain Public Works Projects, Section 3 Plan Format, Proposed Subcontract Breakdown, Estimated Project Workforce Breakdown, Certification of Non-Segregated Facilities, Certification of Bidder Regarding Section 3 and Segregated Facilities, Section 3 Resident Certification, Section 3 Contractor Certification.

8. Communications concerning this Bid shall be addressed to:

9. The terms used in this Bid which are defined in the General Conditions of the Construction

Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions.

Submitted on , 20 .

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If Bidder is: An Individual (Individual's Name) (SEAL) (Individual's Signature) doing business as: Business address: Phone No.: A Partnership (SEAL) (Firm Name) By: (Signature of General Partner) Business address: Phone No.:

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A Corporation (Corporation Name) By: Title: (Signature of person authorized to sign) (Corporate Seal) Attest: (Secretary) (State of incorporation) Business address: Phone No.: A Joint Venture (SEAL) (Joint Venture) By: (Signature of Joint Venturer) (Address) By: (Signature of Joint Venturer) (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT

CERTIFIED EMPLOYMENT PLAN FORM FOR CERTAIN PUBLIC WORKS PROJECTS*

Project No. ______

Bid Date: _______

Project Title: ____

Institution/Agency:

Please provide the information requested below:

1. List the types of jobs that will be involved in this Project:

2. List the skill level of the jobs involved in the Project:

3. List the wages for jobs involved in the Project:

4. List the number of vacant positions that will need to be filled if awarded this Project:

5. Explain how low wage and unemployed individuals will be recruited for job vacancies:

6. Attach proof of registration with MDES for taxation purposes.

I certify that the information provided above is true and accurate to the best of my knowledge.

Contractor Name & Authorized Representative: _______

Signature:_______________________________ Title: Date:

*Note: This form should only be included in your bid if Miss. Code Ann. ,¢ 31-5-37 (Mississippi First Law) applies to the project.

This law requires contractors submitting bids for public works projects utilizing specified funding to submit an employment plan with their bid.

If your bid is accepted, please submit a copy of your employment plan to the Mississippi Department of Employment Security via fax at 601-407-1707, or via e-mail at [email protected].

mailto:[email protected]

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DOCUMENT 00500 AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE

THIS AGREEMENT is entered into as of the day of , 20 between Town of State Line (hereinafter called Owner) and (hereinafter called Contractor).

Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: SECTION 1. WORK

Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

A New Disinfection System, Chlorine Contact Chamber, Flow Monitoring, Rotating Biological Contactor, and Rehabilitation of the Effluent Pump Station.

The Project for which the Work under the Contract Documents may be the whole or only a part is

generally described as follows:

A New Disinfection System, Chlorine Contact Chamber, Flow Monitoring, Rotating Biological Contactor, and Rehabilitation of the Effluent Pump Station.

SECTION 2. Architect/Engineer

Fontaine Engineering, LLC (hereinafter called Architect/Engineer) is to act as Owner's representative, and shall have the duties and responsibilities and the rights and authority assigned to Architect/Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. SECTION 3. CONTRACT TIME

3.1 Completion. The Work will be substantially completed within 60 days from the date when the Contract Time begins to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.8 of the General Conditions within 75 days from the date when the Contract Time begins to run.

3.2 Liquidated Damages. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner three hundred dollars ($300) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if Contractor shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner three

00500-2

hundred dollars ($300) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. SECTION 4. CONTRACT PRICE Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents in current funds as follows:

Contractor's Bid shall be attached as an exhibit. SECTION 5. PAYMENT PROCEDURES

5.1 Applications for Payment. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Architect/Engineer as provided in the General Conditions.

5.2 Progress Payments. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Architect/Engineer on or about the 25th day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the Schedule of Values established in accordance with paragraph 2.8 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Architect/Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.3(d) of the General Conditions.

10% of Work completed. If Work has been 50% completed as determined by Architect/Engineer, and if the character and progress of the Work have been satisfactory to Owner and Architect/Engineer, Owner on recommendation of Architect/Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed.

10% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 14.2 of the General Conditions).

Upon Substantial Completion, payment will be made in an amount sufficient to increase total payments to Contractor to 100% of the Contract Price, less such amounts of Architect/Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.3(d) of the General Conditions.

5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.8 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Architect/Engineer as provided in paragraph 14.8 of the General Conditions. SECTION 6. INTEREST

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All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. SECTION 7. CONTRACTOR'S REPRESENTATIONS

In order to induce Owner to enter into this Agreement Contractor makes the following representations:

7.1 Contractor has familiarized itself with the nature and extent of the Contact Documents, Work, site, locality, and all local conditions and all Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

7.2 Contractor has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph 4.2 of the General Conditions of the extent of the technical data contained in such reports and drawings upon which Contractor is entitled to rely.

7.3 Contractor has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Contractor considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes.

7.4 Contractor has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by Contractor in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions.

7.5 Contractor has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.

7.6 Contractor has given Architect/Engineer written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Architect/Engineer is acceptable to Contractor. SECTION 8. CONTRACT DOCUMENTS

The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the Work consist of the following:

(a) This Agreement.

(b) Performance Bond, Payment Bond and other Bonds.

(c) Notice of Award.

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(d) General Conditions.

(e) Supplementary Conditions.

(f) These Specifications - See Document 00003 - TABLE OF CONTENTS.

(g) Drawings, consisting of a cover sheet and sheets numbered as listed in Document 00004 - LIST OF DRAWINGS of specification.

(h) Addenda numbers to , inclusive.

(i) Contractor's Bid, bound herein.

(j) The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraph 3.4 of the General Conditions. The documents listed in paragraphs (a) through (j) above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Section 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.4 of the General Conditions. SECTION 9. MISCELLANEOUS

9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions.

9.2 No assignments by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from duty or responsibility under the Contract Documents.

9.3 Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreement sand obligations contained in the Contract Documents. SECTION 10. OTHER PROVISIONS

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IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor and Architect/Engineer, and two to Owner. This Agreement will be effective on , 20 . Owner: Town of State Line Contractor: By: By:

[Corporate Seal]

Attest: Attest: Address for giving notice: Address for giving notice: END OF DOCUMENT

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DOCUMENT 00610 PERFORMANCE BONDS Provide a Performance Bond, executed on standard forms and inserted immediately following this page.

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DOCUMENT 00620 PAYMENT BOND Provide a Payment Bond, executed on standard forms and inserted immediately following this page.

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DOCUMENT 00650 CERTIFICATES OF INSURANCE

Insurance Certificates will be provided and inserted behind this document.

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DOCUMENT 00700

GENERAL CONDITIONS ARTICLE 1. DEFINITIONS

Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and the plural thereof.

"Addenda" - written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents.

"Agreement" - the written agreement between the Owner and the Contractor covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein.

"Application for Payment" - the form to be used by the Contractor in requesting progress or final payments and including such supporting documentation as is required by the Contract Documents.

"Architect/Engineer" - the person, firm or corporation named as such in the Agreement.

"Bid" - the offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

"Bonds" - bid, performance and payment bonds and other instruments of security.

"Change Order" - a document signed by the Contractor and the Owner which authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement.

"Contract Documents" - the Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Supplementary Conditions and the Specifications and Drawings as the same are more specifically identified in the Agreement, together with all amendments, modifications and supplements issued pursuant to paragraph 3.4 on or after the Effective Date of the Agreement.

"Contract Price" - the moneys payable by the Owner to the Contractor under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.7 in the case of Unit Price Work).

"Contract Time" - the number of days (computed as provided in paragraph 16.2) or the date stated in the Agreement for the completion of the Work.

"Contractor" - the person, firm or corporation with whom the Owner has entered into the Agreement.

"Defective" - an adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to the Architect/Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by the Owner at Substantial Completion in accordance with paragraph 14.4 or 14.5).

"Drawings" - the drawings which show the character and scope of the Work to be performed and which have been prepared or approved by the Architect/Engineer and are referred to in the Contract Documents.

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"Effective Date of the Agreement" - the date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

"Field Order" - a written order issued by the Architect/Engineer which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Time.

"General Requirements" - sections of Division 1 of the Specifications.

"Laws and Regulations; Laws or Regulations" - laws, rules, regulations, ordinances, codes and/or orders of any governmental authority.

"Notice of Award" - the written notice by the Owner to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, the Owner will sign and deliver the Agreement.

"Notice to Proceed" - a written notice given by the Owner to the Contractor (with a copy to the Architect/Engineer) fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform the Contractor's obligations under the Contract Documents.

"Owner" - the public body or authority, corporation, association, firm or person with whom the Contractor has entered into the Agreement and for whom the Work is to be provided.

"Partial Utilization" - placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work.

"Project" - the total construction of which the Work to be provided under the Contract Documents may be the whole or a part, as indicated elsewhere in the Contract Documents.

"Resident Project Representative" - the authorized representative of the Architect/Engineer who is assigned to the site or any part thereof.

"Shop Drawings" - all drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for the Contractor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by the Contractor to illustrate material or equipment for some portion of the Work.

"Specifications" - those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto.

"Subcontractor" - an individual, firm or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site.

"Substantial Completion" - the Work (or a specified part thereof) has progressed to a point where, in the opinion of the Architect/Engineer as evidenced by the Architect/Engineer's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if there is no such certificate issued, when final payment is due in accordance with paragraph 14.8. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof.

"Supplementary Conditions" - the part of the Contract Documents which amends or supplements these General Conditions.

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"Supplier" - a manufacturer, fabricator, supplier, distributor, material man or vendor.

"Underground Facilities" - all pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities, which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water.

"Unit Price Work" - work to be paid for on the basis of unit prices.

"Work" - the entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents.

"Work Directive Change" - a written directive to the Contractor, issued on or after the Effective Date of the Agreement and signed by the Owner and recommended by the Architect/Engineer, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.13. A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in paragraph 10.1.

"Written Amendment" - a written amendment to the Contract Documents, signed by the Owner and the Contractor on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non-technical rather than strictly Work-related aspects of the Contract Documents.

ARTICLE 2. PRELIMINARY MATTERS

2.1 Copies of Documents. The Owner shall furnish to the Contractor up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction.

2.2 Bonds and Insurance. When the Contractor delivers the executed Agreements to the Owner, the Contractor shall also deliver to the Owner such Bonds as the Contractor may be required to furnish in accordance with paragraph 5.1. Before any Work at the site is started, the Contractor shall deliver to the Owner, with a copy to the Architect/Engineer, certificates (and other evidence of insurance requested by the Owner) evidencing the insurance which the Contractor is required to purchase and maintain in accordance with paragraphs 5.2, 5.3, and 5.5, and the Owner shall deliver to the Contractor certificates (and other evidence of insurance requested by the Contractor) evidencing any insurance which the Owner is required to purchase and maintain in accordance with the Supplementary Conditions.

2.3 Commencement of Contract Time; Notice to Proceed. The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier.

2.4 Starting the Project. The Contractor shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run.

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2.5 Preconstruction Verifications. Before undertaking each part of the Work, the Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The Contractor shall promptly report in writing to the Architect/Engineer any conflict, error or discrepancy which the Contractor may discover and shall obtain a written interpretation or clarification from the Architect/Engineer before proceeding with any Work affected thereby; however, the Contractor shall not be liable to the Owner or the Architect/Engineer for failure to report any conflict, error or discrepancy in the Contract Documents, unless the Contractor had actual knowledge thereof or should reasonably have known thereof.

2.6 Preliminary Schedules. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), the Contractor shall submit to the Architect/Engineer for review: (a) an estimated progress schedule indicating the starting and completion dates of the various stages of the Work; (b) a preliminary schedule of Shop Drawing submissions; and (c) a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by the Contractor at the time of submission.

2.7 Preconstruction Conference. Within twenty days after the Effective Date of the Agreement, but before the Contractor starts the Work at the site, a conference attended by the Contractor, the Architect/Engineer and others as appropriate will be held to discuss the schedules referred to in paragraph 2.6, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work.

2.8 Finalizing Schedules. If requested by the Architect/Engineer at least ten days before submission of the first Application for Payment, a conference attended by the Contractor, the Architect/Engineer and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. The finalized progress schedule must be acceptable to the Architect/Engineer as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance will neither impose on the Architect/Engineer responsibility for the progress or the scheduling of the Work nor relieve the Contractor from full responsibility for such progress and scheduling and for the completion of the Work within the Contract Time. The finalized schedule of Shop Drawing submissions must be acceptable to the Architect/Engineer as providing a workable arrangement for processing the submissions. The finalized schedule of values must be acceptable to the Architect/Engineer as to form and substance. ARTICLE 3. CONTRACT DOCUMENTS

3.1 Intent. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended results will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification manual, code or Laws or Regulations in effect at the time of opening of bids, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the Owner, Contractor or Architect/Engineer, or any of their consultants, agents or employees, from those set forth in the Contract Documents, nor shall it be effective to assign to the Architect/Engineer, or any of the Architect/Engineer's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.9. Clarifications and

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interpretations of the Contract Documents shall be issued by the Architect/Engineer as provided in paragraph 9.4.

3.2 Entire Agreement; Governing Law. The Contract Documents comprise the entire agreement between the Owner and the Contractor concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project.

3.3 Conflicts or Errors. If, during the performance of the Work, the Contractor finds a conflict, error or discrepancy in the Contract Documents, the Contractor shall so report to the Architect/Engineer in writing at once and, before proceeding with the Work affected thereby, shall obtain a written interpretation or clarification from the Architect/Engineer. However, the Contractor shall not be liable to the Owner or the Architect/Engineer for failure to report any conflict, error or discrepancy in the Contract Documents unless the Contractor had actual knowledge thereof or should reasonably have known thereof.

3.4 Amending and Supplementing.

(a) The Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a formal Written Amendment; (ii) a Change Order (pursuant to paragraph 10.1); or (iii) a Work Directive Change (pursuant to paragraph 10.1). As provided in paragraphs 11.2 and 12.1, Contract Price and Contract Time may be changed only by a Change Order or a Written Amendment.

(b) In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: (i) a Field Order (pursuant to paragraph 9.5); (ii) the Architect/Engineer's approval of a Shop Drawing or sample (pursuant to paragraph 6.14); or (iii) the Architect/Engineer's written interpretation or clarification (pursuant to paragraph 9.4).

3.5 Re-use of Documents. Neither the Contractor nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the Owner shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of the Architect/Engineer; and they shall not reuse any of them on extensions of the Project or any other project without written consent of the Owner and the Architect/Engineer and specific written verification or adaptation by the Architect/Engineer. ARTICLE 4. LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS

4.1 Availability of Lands. The Owner shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands as are designated for the use of the Contractor. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the Owner, unless otherwise provided in the Contract Documents. If the Contractor believes that any delay in the Owner's furnishing these lands, rights-of-way or easements entitles the Contractor to any extension of the Contract Time, the Contractor may make a claim therefor as provided in Article 12. The Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

4.2 Physical Conditions.

(a) Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by the Architect/Engineer in preparation of the Contract Documents. The Contractor may rely upon the accuracy of the technical data contained in such reports, but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the Contractor's purposes. Except as indicated in the immediately preceding sentence and in subparagraph (f) of this paragraph, the Contractor shall have full responsibility with respect to subsurface conditions at the site.

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(b) Reference is made to the Supplementary Conditions for identification of those drawings of physical

conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by the Architect/Engineer in preparation of the Contract Documents. The Contractor may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for the Contractor's purposes. Except as indicated in the immediately preceding sentence and in subparagraph (f) of this paragraph, the Contractor shall have full responsibility with respect to physical conditions in or relating to such structures.

(c) If the Contractor believes that (i) any technical data on which the Contractor is entitled to rely as provided in subparagraphs (a) and (b) of this paragraph is inaccurate, or (ii) any physical condition uncovered or revealed at the site differs materially from that indicated, reflected or referred to in the Contract Documents, the Contractor shall, promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.13), notify the Owner and the Architect/Engineer in writing about the inaccuracy or difference.

(d) The Architect/Engineer will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise the Owner in writing (with a copy to the Contractor) of the Architect/Engineer's findings and conclusions.

(e) If the Architect/Engineer concludes that there is a material error in the Contract Documents or that because of newly discovered conditions a change in the Contract Documents is required, a Work Directive Change or Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference.

(f) In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such inaccuracy or difference. If the Owner and the Contractor are unable to agree as to the amount or length thereof a claim may be made therefor as provided in Articles 11 and 12.

4.3 Physical Conditions - Underground Facilities.

(a) The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to the Owner or the Architect/Engineer by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: (i) the Owner and the Architect/Engineer shall not be responsible for the accuracy or completeness of any such information or data; and, (ii) the Contractor shall have full responsibility for reviewing and checking all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.12 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price.

(b) If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which the Contractor could not reasonably have been expected to be aware of, the Contractor shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emergency as permitted by paragraph 6.13), identify the owner of such Underground Facility and give written notice thereof to that owner and to the Owner and the Architect/Engineer. The Architect/Engineer will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, the Contractor shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.12. The Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which the Contractor could not reasonably have been expected to be aware of. If

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the parties are unable to agree as to the amount or length thereof, the Contractor may make a claim therefor as provided in Articles 11 and 12.

4.4 Reference Points. The Owner shall provide engineering surveys to establish reference points for construction which in the Architect/Engineer's judgment are necessary to enable the Contractor to proceed with the Work. The Contractor shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written consent of the Owner. The Contractor shall report to the Architect/Engineer whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. ARTICLE 5. BONDS AND INSURANCE

5.1 Bonds. The Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of the Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation, or by the Contract Documents. The Contractor shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. If the surety on any Bond furnished by the Contractor is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of this paragraph 5.1, the Contractor shall within five days thereafter substitute another Bond and surety, both of which must be acceptable to the Owner.

5.2 Contractor's Liability Insurance. The Contractor shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from the Contractor's performance and furnishing of the Work and the Contractor's other obligations under the Contract Documents, whether it is to be performed or furnished by the Contractor, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable:

(a) Claims under worker's compensation and other similar employee benefit acts;

(b) Claims for damages for bodily injury, occupational sickness or disease, or death of employees of Contractor;

(c) Claims for damages because of bodily injury, sickness or disease or death of any person other than employees of the Contractor;

(d) Claims for damages insured by personal injury liability coverage which are sustained (i) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor or (ii) by any other person for any other reason;

(e) Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom;

(f) Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and

(g) Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle.

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The insurance required by this paragraph 5.2 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to the Owner and the Architect/Engineer by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when the Contractor may be correcting, removing or replacing defective Work in accordance with paragraph 13.6. In addition, the Contractor shall maintain such completed operations insurance for at least two years after final payment and furnish the Owner with evidence of continuation of such insurance at final payment and one year thereafter.

5.3 Contractual Liability Insurance. The comprehensive general liability insurance required by paragraph 5.2 will include contractual liability insurance applicable to the Contractor's obligations under paragraph 6.16.

5.4 Owner's Liability Insurance. The Owner shall be responsible for purchasing and maintaining the Owner's own liability insurance and, at the Owner's option, may purchase and maintain such insurance as will protect the Owner against claims which may arise from operations under the Contract Documents.

5.5 Property Insurance on the Work.

(a) Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of the Owner, the Contractor, the Subcontractors, the Architect/Engineer and the Architect/Engineer's consultants in the Work, all of whom shall be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all risk" insurance or otherwise provided in the Supplementary Conditions the Contractor shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment.

(b) The Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of the Owner, the Contractor, the Subcontractors, the Engineer/ Architect and the Architect/Engineer's consultants in the Work, all of whom shall be listed as insured or additional insured parties.

(c) All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by Owner in accordance with subparagraphs (a) and (b) of this section 5.5 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days' prior written notice has been given to the Contractor and the Architect/Engineer by certified mail and will contain waiver provisions in accordance with paragraph 5.6.

(d) The Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interests of the Contractor, the Architect/Engineer, the Subcontractors, or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount, will be borne by the Contractor, the Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense.

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(e) If the Contractor requests in writing that other special insurance be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the costs thereof will be charged to the Contractor by appropriate Change Order or Written Amendment. Prior to commencement of the work at the site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner.

5.6 Waiver of Rights.

(a) The Owner and the Contractor waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to subparagraphs (a) and (b) of paragraph 5.5 and any other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, the Architect/Engineer, the Architect/Engineer's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.5(c), each subcontract between the Contractor and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of the Owner, the Contractor, the Architect/Engineer, the Architect/Engineer's consultants and all other parties named as insured. None of the above waivers shall extend to rights that any of the insured parties may have to the proceeds of insurance held by the Owner as trustee or otherwise payable under any policy so issued.

(b) The Owner and the Contractor intend that any policies provided in response to subparagraphs (a) and (b) of paragraph 5.5 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds or additional insureds, and if the insurers require separate waiver forms to be signed by the Architect/Engineer or the Architect/Engineer's consultants, the Owner will obtain the same, and if such waiver forms are required of any Subcontractor, the Contractor will obtain the same.

5.7 Receipt and Application of Proceeds.

(a) Any insured loss under the policies of insurance required by subparagraphs (a) and (b) of paragraph 5.5 will be adjusted with the Owner and made payable to the Owner as trustee for the insureds, as their interest may appear, subject to the requirements of any applicable mortgage clause and of subparagraph (b) of this paragraph 5.7. The Owner shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment.

(b) The Owner as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to the Owner's exercise of this power. If such objection be made, the Owner as trustee shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest, the Owner as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of such duties.

5.8 Acceptance of Insurance. If the Owner has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by the Contractor in accordance with paragraphs 5.2, 5.3, and 5.5, on the basis of its not complying with the Contract Documents, the Owner shall notify the Contractor of such objection, in writing, within ten days of the date of delivery of the certificates of insurance to the Owner in accordance with paragraph 2.2. If the Contractor has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by the Owner in accordance with the Supplementary Conditions on the basis of their not complying with the Contract Documents, the Contractor shall notify the Owner of such objection, in writing, within ten days of the date of delivery of the insurance certificates to the Contractor in accordance with paragraph 2.2. The Owner and the Contractor shall each provide to the other such additional information in respect of insurance provided by each as the other may reasonably request.

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Failure by the Owner or the Contractor to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents.

5.9 Partial Utilization-Property Insurance. If the Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.5; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. ARTICLE 6. CONTRACTOR'S RESPONSIBILITY

6.1 Supervision and Responsibility.

(a) The Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction but the Contractor shall not be responsible for the negligence of others in the design or selection of a specific means, method, sequence or procedure of construction which is indicated in and required by the Contract Documents. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. All Work shall be performed in a finished and workmanlike manner and in accordance with the best recognized trade practices. From commencement until completion and final acceptance by the Owner, all Work shall be in the charge and control of the Contractor. The Contractor shall be responsible for the proper care and protection of the Work and all materials and equipment therefor, and all risks in connection with the construction and preservation of the Work and the materials and equipment to be used therein shall be borne by the Contractor.

(b) The Contractor shall keep on the Work at all times during its progress a competent resident superintendent meeting the approval of the Owner and the Architect/Engineer, and who shall not be replaced without written notice to the Owner and the Architect/Engineer, except under extraordinary circumstances. The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. The Owner reserves the right to require the removal from the Project of the superintendent or any other employee of the Contractor if, in the Architect/Engineer's or the Owner's judgment, such removal is necessary to protect the Owner's interest.

6.2 Labor, Materials and Equipment.

(a) The Contractor shall provide adequate numbers of competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. The Contractor shall at all times maintain good discipline and order at the site. Except in connection with the safety and protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all work at the site shall be performed during regular working hours and the Contractor will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without the Owner's written consent given after prior written notice to the Architect/Engineer. The Contractor shall pay at least the minimum wage rates established by law; but the Owner will have no responsibility for any additional compensation to the Contractor by reason of payment by the Contractor of any wage rates in excess of minimum rates or by reason of any wage increases established by law during the performance of the Work.

(b) Except as otherwise specified in the Contract Documents, the Contractor shall furnish and assume full responsibility for all materials, equipment, superintendence, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary construction and facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. Where specifically provided for in the

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Specifications, the inspection and testing of materials and finished articles to be incorporated in the Work at the site shall be made by bureaus, laboratories, or agencies approved by the Architect/Engineer. Unless otherwise expressly stated, the cost of such inspection and testing shall be paid by the Contractor. The Contractor shall furnish evidence satisfactory to the Architect/Engineer that the materials and finished articles have passed the required tests prior to the incorporation of such materials and finished articles in the Work. The Contractor shall promptly segregate and remove rejected materials and rejected finished articles from the site of the Work.

(c) All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by the Architect/Engineer, the Contractor shall furnish satisfactory evidence (including the reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to the Architect/Engineer, or any of the Architect/Engineer's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.9. When equipment is to be installed in equipment rooms or other areas with restricting dimensions, all such equipment shall be installed substantially as indicated, with adequate unobstructed access space around each piece of equipment to facilitate the proper installation, operation and maintenance of the equipment. Minor revisions in the layout may be made subject to the Architect/Engineer's approval, but the Contractor shall not be entitled to changes in the layout to accommodate proposed equipment which differs substantially from the specified equipment in size and arrangement. Before submitting equipment for approval, the Contractor shall determine that it conforms with the requirements of this subparagraph (c). The Architect/Engineer's general approval of proposed equipment shall not relieve the Contractor from the responsibility of complying with the requirements of this subparagraph (c).

(d) Cutting of new construction shall be avoided wherever possible by the proper coordination between the various trades, and by the placing of proper sleeves, inserts, bolts and other items in the construction as the Work progresses. Whenever cutting of new construction or cutting of existing construction is required, it shall be done in a neat, careful and approved manner, without unnecessary or extensive damage to the construction involved, and only to such extent that is reasonably necessary for the installation of the Work. All patching, repairing and altering shall be done only by mechanics skilled in the various trades involved, using materials and workmanship to match those of the original construction in type and quality. All existing construction which is disturbed or damaged in any way by the Contractor's operations shall be restored at least to the conditions which existed before the Work was begun, unless otherwise indicated.

6.3 Adjusting Schedule. The Contractor shall submit to the Architect/Engineer for approval any adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. No variation in the progress schedule submitted to or approved by the Architect/Engineer pursuant to this paragraph shall operate as an extension of the Contract Time.

6.4 Substitutes or "Or-Equal" Items.

(a) Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by the Architect/Engineer if sufficient information is submitted by the Contractor to allow the Architect/Engineer to determine that the material or equipment proposed is equivalent or equal to that named.

(b) If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, the Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Architect/Engineer, if the Contractor

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submits sufficient information to allow the Architect/Engineer to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents.

(c) Requests for substitutions pursuant to this paragraph 6.4 will not be accepted by the Architect/Engineer from anyone other than the Contractor. All such requests for substitutions shall be made by written application of the Contractor to the Architect/Engineer, certifying that: (i) the proposed substitution will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified; (ii) that the evaluation and acceptance of the proposed substitute will not prejudice the Contractor's achievement of Substantial Completion on time; (iii) whether or not acceptance of the substitute in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with the Owner for work on the Project) to adapt the design to the proposed substitute; and (iv) whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance and repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Architect/Engineer in evaluating the proposed substitute. The Architect/Engineer may require the Contractor to furnish additional data about the proposed substitute, at the Contractor's expense.

(d) The Architect/Engineer will be allowed a reasonable time within which to evaluate each proposed substitute. The Architect/Engineer will be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without the Architect/Engineer's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. The Owner may require the Contractor to furnish at the Contractor's expense a special performance guarantee or other surety with respect to any substitute. If a proposed substitute is rejected in the initial submittal, the Contractor shall provide only the specified items in each case, unless otherwise directed by the Architect/Engineer. If a second submittal is permitted by the Architect/Engineer and if the second submittal is rejected, the Contractor shall provide only the specified items.

6.5 Subcontractors, Suppliers and Others.

(a) The Contractor shall not employ any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom the Owner or the Architect/Engineer may have reasonable objection. The Contractor shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom the Contractor has reasonable objection. Any approval (whether express or by failing to make objection thereto) of any such Subcontractor, Supplier or other person or organization, by the Owner or the Architect/Engineer, may be revoked on the basis of reasonable objection after due investigation. In any such case of revocation of approval, the Contractor shall submit an acceptable substitute, the Contract Price will be increased by the difference in cost, if any, occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance or approval (whether express or by failure to object) by the Owner or the Architect/Engineer of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of Owner or Architect/Engineer to reject, or otherwise exercise remedies with respect to, defective Work.

(b) The Contractor shall be fully responsible to the Owner and the Architect/Engineer for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishings any of the Work under a direct or indirect contract with the Contractor, as fully as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between the Owner or the Architect/Engineer and any such Subcontractor, Supplier or the person or organization, nor shall it create any obligation on the part of the Owner or the Architect/Engineer to pay or to see to the payment of any monies due any such Subcontractor, Supplier or other person or organization, except as and to the extent otherwise required by Laws and Regulations.

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(c) All Work performed for the Contractor by a Subcontractor will be pursuant to an appropriate agreement between the Contractor and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the Owner and the Architect/Engineer and contains waiver provisions as required by paragraph 5.6. The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor on account of losses under policies issued pursuant to paragraph 5.5. The failure of the Contractor to enter into a proper agreement with any Subcontractor or Supplier, or any other person or organization, shall in no way relieve the Contractor of his responsibilities and obligations to the Owner and the Architect/Engineer under the Contract Documents.

(d) The Contractor and all Subcontractors shall cooperate fully with each other to facilitate the progress of the Work and to avoid all interferences between the various parts of the Work. Whenever his work is in progress, each Subcontractor shall have present at the job site a job superintendent, foreman or other duly authorized agent, meeting the approval of the Architect/Engineer and the Owner, with authority to control the Subcontractor's part of the Work. The Owner reserves the authority to remove this superintendent or foreman or any other employees of Subcontractors, if in the Architect/Engineer's or the Owner's judgement, such removal is necessary to protect the Owner's interest.

(e) The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. The Contractor and each Subcontractor shall carefully examine all Contract Drawings and read all specifications. They will be bound by all things therein affecting their special work, no matter under what heading they may appear.

6.6 Patent Fees and Royalties. The Contractor shall pay all license fees and royalties and assume all costs incident to the use and the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. The Contractor shall indemnify and hold harmless the Owner and the Architect/Engineer and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees and court costs) arising out of any infringement of patent rights or copyrights incident to the use and the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights.

6.7 Permits. Unless otherwise provided in the Supplementary Conditions, the Contractor shall obtain and pay for all construction permits and licenses. The Owner shall assist the Contractor, when necessary, in obtaining such permits and licenses. The Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of the Bids, or if there are no Bids, on the Effective Date of the Agreement. The Contractor shall pay all charges of utility owners for connections to the Work, and the Owner shall pay all charges of utility Owners for connections to the Work, and the Owner shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees.

6.8 Laws and Regulations. The Contractor shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither the Owner nor the Architect/Engineer shall be responsible for monitoring the Contractor's compliance with any Laws or Regulations. Compliance with such Laws and Regulations shall be deemed minimum requirements and everything shown or specified in the Contract Documents in excess of those minimum requirements shall be furnished or provided in accordance with the requirements of the Contract Documents. No provisions in the Contract Documents shall be construed as a direction or authorization to violate any Law or Regulation. If the Contractor observes that the Specifications or Drawings are at variance with any Laws or Regulations, the Contractor shall give the Architect/Engineer prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If the Contractor performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations, and without such to the Architect/Engineer, the Contractor shall bear all costs arising therefrom; however, it shall not be the

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Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations.

6.9 Taxes. The Contractor shall pay all applicable federal, state and local taxes in connection with the providing and performing of the Work.

6.10 Use of Premises.

(a) The Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and lands and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights of way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The Contractor shall assume full responsibility for any damage to any such land or area, or to the Owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. The Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold the Owner and Architect/Engineer harmless from and against all claims, damages, losses and expenses (including but not limited to fees of engineers, architects, attorneys and other professionals and court costs) arising directly, indirectly or consequently out of any claim or action, legal or equitable, brought by any such other party against the Owner or the Architect/Engineer to the extent based on a claim arising out of the Contractor's performance of the Work.

(b) During the progress of the Work, the Contractor shall keep the premises free from accumulations of waste materials, unnecessary or discarded tools and equipment, rubbish and other debris resulting from the Work. At the completion of the Work, the Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the site clean and ready for occupancy by the Owner. The Contractor shall restore to original condition all property not designated for alteration by the Contract Documents.

(c) The Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the structure; and the Contractor shall not subject any part of the Work or adjacent property to stresses that will endanger it.

6.11 Record Documents. The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to the Architect/Engineer for reference. Upon completion of the Work, these record documents, samples and Shop Drawings will be delivered to the Architect/Engineer for the Owner.

6.12 Safety and Protection.

(a) The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: (i) all employees on the Work and other persons and organizations who may be affected thereby; (ii) all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and (iii) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable Laws and Regulations for the safety of persons or property or to protect them from damage, injury or loss, and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in clause (ii) or (iii), above, in this paragraph 6.12(a),

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caused, directly or indirectly, in whole or in part, by the Contractor, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the Owner or the Architect/Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor). The Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and the Architect/Engineer has issued a notice to the Owner and the Contractor in accordance with paragraph 14.8 that the Work is acceptable (except as otherwise as expressly provided in connection with Substantial Completion).

(b) The Contractor shall designate a responsible representative 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.

6.13 Emergencies. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Architect/Engineer or Owner, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Architect/Engineer prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Architect/Engineer determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations.

6.14 Shop Drawings and Samples.

(a) After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, the Contractor shall submit to the Architect/Engineer for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.8), or for other appropriate action if so indicated in the Supplementary Conditions, five (5) copies (unless otherwise specified in the General Requirements) of all Shop Drawings, which will bear a stamp or specific written indication that the Contractor has satisfied his responsibilities under the Contact Documents with respect to the review of the submission. All submissions will be identified as the Architect/Engineer may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable the Architect/Engineer to review the information as required.

(b) The Contractor shall also submit to the Architect/Engineer for review and approval, with such promptness as to cause no delay in the Work, all samples required by the Contract Documents. Unless otherwise specified in the General Requirements, all samples shall be submitted in duplicate and shall be of adequate size to show quality, type, color range, finish, texture or other specified features. All samples shall have been checked by the Contractor and shall be accompanied by a specific written indication that the Contractor has satisfied his responsibilities under the Contract Documents with respect to the review of this submission and will be identified clearly as to material, Supplier, pertinent data, such as catalog numbers, and the use for which intended.

(c) Before submission of each Shop Drawing or sample, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. At the time of each submission, the Contractor shall give the Architect/Engineer specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents and, in addition, shall cause a specific notation of each such variation to be made on each Shop Drawing submitted to the Architect/Engineer for review and approval.

(d) The Architect/Engineer will review and approve with reasonable promptness all Shop Drawings and samples submitted, but the Architect/Engineer's review and approval will be only for conformance with the

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design concept of the Project and for compliance with information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. The Contractor shall make corrections required by the Architect/Engineer and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. The Contractor shall direct specific attention in writing to revisions other than the corrections called for by the Architect/Engineer on previous submittals.

(e) The Architect/Engineer's review and approval of Shop Drawings or samples shall not relieve the Contractor from responsibility for any variation from the requirements of the Contract Documents unless the Contractor has in writing called the Architect/Engineer's attention to each such variation at the time of submission, as required by the foregoing provisions of this paragraph, and the Architect/Engineer has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval. No approval by the Architect/Engineer shall relieve the Contractor from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of subparagraph (c) of this paragraph. Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to the Architect/Engineer's review and approval of the pertinent submission will be at the sole expense and responsibility of the Contractor.

6.15 Continuing Work During Disputes. The Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.4, or as the Contractor and Owner may otherwise agree in writing.

6.16 Indemnification.

(a) To the fullest extent permitted by Laws and Regulations, the Contractor shall indemnify and hold harmless the Owner and the Architect/Engineer and their consultants, agents and employees, from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (i) is attributable to bodily injury, sickness, disease or death, or to injury or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (ii) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party.

(b) In any and all claims against the Owner or the Architect/Engineer or any of their consultants, agents or employees by any employee of the Contractor, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph 6.16 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any such Subcontractor or other person or organization under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts.

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ARTICLE 7. OTHER WORK

7.1 Related Work at Site.

(a) The Owner may perform other work related to the Project at the site by the Owner's own forces, have other work performed by utility owners or let other direct contracts for such other work. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to the Contractor prior to starting any such other work; and, if the Contractor believes that such performance will involve additional expense to the Contractor or requires additional time and the parties are unable to agree to the extent thereof, the Contractor may make a claim therefor as provided in Articles 11 and 12.

(b) The Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or the Owner, if the Owner is performing the additional work with the Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall promptly connect and coordinate the Work with theirs. The Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Architect/Engineer and the others whose work will be affected. The duties and responsibilities of the Contractor under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of the Contractor in said direct contracts between the Owner and such utility owners and other contractors.

(c) If any part of the Contractor's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or the Owner), the Contractor shall inspect and promptly report to the Architect/Engineer in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. The Contractor's failure so to report will constitute an acceptance of the other work as fit and proper for integration with the Contractor's Work except for latent or non-apparent defects and deficiencies in the other work.

7.2 Coordination. If the Owner contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither the Owner nor the Architect/Engineer shall have any authority or responsibility in respect to such coordination. ARTICLE 8. OWNER'S RESPONSIBILITIES

8.1 Communications. The Owner shall issue all communications to the Contractor through the Architect/Engineer.

8.2 Replacement of Architect/Engineer. In case of termination of the employment of the Architect/Engineer, the Owner shall appoint an engineer or architect against whom the Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Architect/Engineer.

8.3 Duties and Responsibilities of Owner.

(a) The Owner shall furnish the data required of the Owner under the Contract Documents promptly and shall make payments to the Contractor promptly after they are due as provided in paragraphs 14.3 and 14.8.

(b) The Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to the Owner's

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identifying and making available to the Contractor copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by the Architect/Engineer in preparing the Drawings and Specifications.

(c) The Owner's responsibilities, if any, in respect of purchasing and maintaining insurance are referred to in Article 5 and may be set forth in the Supplementary Conditions.

(d) The Owner is obligated to execute Change Orders as indicated in paragraph 10.2.

(e) The Owner's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.3(b). ARTICLE 9. THE Architect/Engineer

9.1 Owner's Representative. The Architect/Engineer will be the Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of the Architect/Engineer as the Owner's representative are set forth in the Contract Documents and shall not be extended without the written consent of the Owner and the Architect/Engineer.

9.2 Visits to Site. The Architect/Engineer will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the work is proceeding in accordance with the Contract Documents. The Architect/Engineer will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect/Engineer's efforts will be directed toward providing for the Owner a greater degree of confidence that the completed Work will conform to the Contract Documents.

9.3 Project Representation. If the Owner and the Architect/Engineer agree, the Architect/Engineer will furnish a Resident Project Representative to assist the Architect/Engineer in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative will be as provided in the Supplementary Conditions. If the Owner designates another agent to represent the Owner at the site who is not the Architect/Engineer's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions.

9.4 Clarifications and Interpretations. The Architect/Engineer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the Architect/Engineer may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If the Contractor believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, the Contractor may make a claim therefor as provided in Article 11 or 12.

9.5 Minor Variations. The Architect/Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on the Owner, and also on the Contractor, who shall perform the Work involved promptly. If the Contractor believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, the Contractor may make a claim therefor as provided in Article 11 or 12.

9.6 Rejecting Defective Work. The Architect/Engineer will have authority to disapprove or reject Work which the Architect/Engineer believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.4(b), whether or not the Work is fabricated, installed or completed.

9.7 Unit Price Determinations. The Architect/Engineer will determine the actual quantities and classifications of Unit Price Work performed by the Contractor. The Architect/Engineer will review with the

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Contractor the Architect/Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). The Architect/Engineer's written decisions thereon will be final and binding upon the Owner and the Contractor.

9.8 Decisions on Disputes.

(a) The Architect/Engineer will be the interpreter of the requirements of the Contract Documents and the judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to the Architect/Engineer in writing with a request for a formal decision in accordance with this paragraph, which the Architect/Engineer will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to the Architect/Engineer and the other party to the Agreement promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to the Architect/Engineer and the other party within sixty days after such occurrence unless the Architect/Engineer allows an additional period of time to ascertain more accurate data in support of the claim. The written decision of the Architect/Engineer, with respect to any such dispute, claim, interpretation or other matter, shall be final and binding upon the Owner and the Contractor.

(b) When functioning as interpreter and judge under paragraphs 9.7 and 9.8, the Architect/Engineer will not show partiality to the Owner or the Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by the Architect/Engineer pursuant to paragraph 9.7 or 9.8(a) with respect to any such claim, dispute or other matter will be a condition precedent to any right of the Contractor to receive payment with respect to any matter in dispute.

9.9 Limitations on Architect/Engineer's Responsibilities.

(a) Neither the Architect/Engineer's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by the Architect/Engineer in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of the Architect/Engineer to the Contractor, any Subcontractor, any Supplier, or any other person or organization providing or performing any of the Work, or to any surety for any of them.

(b) Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of the Architect/Engineer as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to Architect/Engineer any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of subsection (c) or (d) of this section 9.9.

(c) The Architect/Engineer will not be responsible for the Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and the Architect/Engineer will not be responsible for the Contractor's failure to perform or furnish the Work in accordance with the Contract Documents.

(d) The Architect/Engineer will not be responsible for the acts or omissions of the Contractor or of any Subcontractor, any Supplier or of any other person or organization performing or furnishing any of the Work. ARTICLE 10. CHANGES IN THE WORK

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10.1 General. Without invalidating the Agreement and without notice to any surety the Owner may, at any time or from time to time, order additions, deletions or revisions in the Work. These will be authorized by a Written Amendment, a Change Order or a Work Directive Change. Upon receipt of any such document, the Contractor shall promptly proceed with the work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). If the Owner and Contractor are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim may be made therefor as provided in Article 11 or 12. The Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents (including any authorized amendments, modifications or supplements thereto), except in the case of an emergency as provided in paragraph 6.13 and except in the case of uncovering Work as provided in paragraph 13.4(b).

10.2 Documentation. The Owner and the Contractor shall execute appropriate Change Orders (or Written Amendments) covering (a) changes in the Work which are ordered by the Owner pursuant to paragraph 10.1, are required because of the acceptance of defective Work under paragraph 13.8 or correcting defective Work under paragraph 13.9, or are agreed to by the parties; (b) changes in the Contract Price or Contract Time which are agreed to by the parties; and (c) changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by the Architect/Engineer pursuant to paragraph 9.8(a). If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including but not limited to Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be the Contractor's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11. CHANGES OF CONTRACT PRICE

11.1 General. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to the Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price.

11.2 Claims for Change in Contract Price.. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to the Architect/Engineer promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless the Architect/Engineer allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by the Architect/Engineer in accordance with paragraph 9.8, unless the Owner and the Contractor otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2.

11.3 Method of Determining Value. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways:

(a) Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.7).

(b) By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.5).

(c) On the basis of the Cost of the Work (determined as provided in paragraph 11.4) plus a Contractor's Fee for overhead and profit (determined as provided in paragraph 11.5).

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11.4 Cost of the Work.

(a) The term Cost of the Work means the sum of all costs necessarily incurred and paid by the Contractor in the proper performance of the Work. Except as otherwise may be agreed to in writing by the Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items (and shall not include any of the costs itemized in subparagraph (b) of this paragraph 11.4):

(i) Payroll costs for employees in the direct employ of the Contractor in the performance of the Work under schedules of job classifications agreed upon by the Owner and the Contractor. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits and employment taxes. Such employees shall include superintendents and foremen at the site. The expense of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by the Owner.

(ii) Cost of all materials and equipment furnished and incorporated in the Work, including transportation and storage costs and Suppliers' field services required in connection therewith.

(iii) Payments made by the Contractor to the Subcontractors for Work performed by Subcontractors. If required by the Owner, the Contractor shall obtain competitive bids from Subcontractors acceptable to the Contractor and shall deliver such bids to the Owner who will then determine, with the advice of the Architect/Engineer, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as the Contractor's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable.

(iv) Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work.

(v) Supplemental costs including the proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work; cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and costs less market value of such items used but not consumed which remain the property of the Contractor; rental costs for construction equipment and machinery in accordance with rental agreements approved by the Owner with the advice of the Architect/Engineer, during the period necessary for the Work, and transportation, installation and removal costs; sales, consumer, use or similar taxes related to the Work, and for which the Contractor is liable, imposed by Laws and Regulations; deposits lost for causes other than negligence of the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of the them may be liable and royalty payments and fees for permits and licenses; losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by the Contractor in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.5) provided they have resulted from causes other than the negligence of the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable (provided, no such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining the Contractor's Fee); the cost of utilities, fuel and sanitary facilities at the site; minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work; and the cost of premiums for additional Bonds and insurance required because of changes in the Work.

(b) The term Cost of the Work shall not include any of the following:

(i) Payroll costs and other compensation of the Contractor's officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting

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agents, expediters, time keepers, clerks and other personnel employed by the Contractor whether at the site or in the Contractor's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in subparagraph (a)(i) or (v), all of which are to be considered administrative costs covered by the Contractor's Fee.

(ii) Expenses of Contractor's principal and branch offices other than the Contractor's office at the site.

(iii) Any part of the Contractor's capital expenses, including interest on the Contractor's capital employed for the Work and charges against the Contractor for delinquent payments.

(iv) Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph (a)(v) above).

(v) Costs due to the negligence of the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property.

(vi) Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in subparagraph (a) of this paragraph 11.4.

(c) Whenever the cost of any Work is to be determined pursuant to this paragraph 11.4, the Contractor will submit in form acceptable to the Architect/Engineer an itemized cost breakdown together with supporting data.

11.5 Contractor's Fee. The Contractor's Fee allowed to the Contractor shall be either a mutually acceptable fixed fee, or if none can be agreed upon, a fee based on the following percentages of the various portions of the Cost of the Work:

(a) For costs incurred under subparagraphs (a)(i) and (a)(ii) of section 11.4, the Contractor's Fee shall be 15%;

(b) For costs incurred under subparagraph (a)(iii) of paragraph 11.4, the Contractor's Fee shall be 5%; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to the Contractor on account of overhead and profit of all Subcontractors shall be 15%;

(c) No fee shall be payable on the basis of any costs itemized in subparagraphs (a)(iv), (a)(v) or (b) of paragraph 11.4;

(d) The amount of credit to be allowed by the Contractor to the Owner for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in the Contractor's Fee by an amount equal to 10% of the net decrease; and

(e) When both additions and credits are involved in any one change, the adjustment in the Contractor's Fee shall be computed on the basis of the net change in accordance with clauses (a) through (d), inclusive, of this paragraph 11.5.

11.6 Cash Allowances. It is understood that the Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to the Architect/Engineer. The Contractor agrees that (a) the allowances include the cost to the Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes, and (b) the Contractor's costs for unloading and handling on the site, labor, installation, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on

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account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by the Architect/Engineer to reflect actual amounts due the Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted.

11.7 Unit Price Work.

(a) Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by the Contractor will be made by the Architect/Engineer in accordance with paragraph 9.7.

(b) Each unit price will be deemed to include an amount considered by the Contractor to be adequate to cover the Contractor's overhead and profit for each separately identified item.

(c) Where the quantity of any item of Unit Price Work performed by the Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if the Contractor believes that the Contractor has incurred additional expense as a result thereof, the Contractor may make a claim for an increase in the Contract Price in accordance with this Article 11 if the parties are unable to agree as to the amount of any such increase. ARTICLE 12. CHANGE OF CONTRACT TIME

12.1 General. The Contract Time may be changed only by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time shall be based on written notice delivered by the party making the claim to the other party and to the Architect/Engineer promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless the Architect/Engineer allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe that it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time shall be determined by the Architect/Engineer in accordance with paragraph 9.8, unless the Owner and the Contractor otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph 12.1.

12.2 Delays Beyond Contractor's Control. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the Contractor, if a claim is made therefor as provided in paragraph 12.1, by reason of acts or neglect by the Owner or others performing additional work as contemplated by Article 7, or to fires, floods, labor disputes, epidemics, abnormal weather condition or acts of God.

12.3 Time is of the Essence. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court costs) for delay by either party. ARTICLE 13. WARRANTY; TESTS AND INSPECTIONS; DEFECTIVE WORK

13.1 Warranty. The Contractor warrants and guarantees to the Owner and the Architect/Engineer that all Work will be in accordance with the Contract Documents and will not be defective. Notice of all defects shall be given to the Contractor promptly upon discovery thereof. All defective Work whether or not in place, may be rejected, corrected or accepted as provided in this Article 13.

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13.2 Access to Work. The Architect/Engineer and Architect/Engineer's representatives, other representatives of the Owner, testing agencies and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting and testing. The Contractor shall provide proper and safe conditions for such access.

13.3 Tests and Inspections.

(a) The Contractor shall give the Architect/Engineer timely notice of readiness of the Work for all required inspections, tests or approvals.

(b) If Laws or Regulations require any Work (or part thereof) to specifically be inspected, tested or approved, the Contractor shall assume full responsibility therefor, pay all costs in connection therewith and furnish the Architect/Engineer the required certificates of inspection, testing or approval. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with the Owner's or the Architect/Engineer's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to the Contractor's purchase thereof for incorporation in the Work. The costs of all inspections, tests and approvals in addition to the above which are required by the Contract Documents shall be paid by the Owner (unless otherwise specified).

(c) All inspections, tests or approvals other than those required by Laws or Regulations shall be performed by organizations acceptable to the Owner and the Contractor (or by the Architect/Engineer if so specified).

(d) If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of the Architect/Engineer, it must, if requested by the Architect/Engineer, be uncovered for observation. Such uncovering shall be at the Contractor's expense unless the Contractor has given the Architect/Engineer timely notice of the Contractor's intention to cover the same and the Architect/Engineer has not acted with reasonable promptness in response to such notice.

(e) Neither observations by the Architect/Engineer nor inspections, tests or approvals by others shall relieve the Contractor from the Contractor's obligation to perform the Work in accordance with the Contract Documents.

13.4 Uncovering Work.

(a) If any Work is covered contrary to the written request of the Architect/Engineer, it must, if requested by the Architect/Engineer, be uncovered for the Architect/Engineer's observation and replaced at the Contractor's expense.

(b) If the Architect/Engineer considers it necessary or advisable that covered Work be observed by the Architect/Engineer or inspected or tested by others, the Contractor, at the Architect/Engineer's request shall uncover, expose or otherwise make available for observation, inspection or testing as the Architect/Engineer may require, that portion of the Work in question, furnishing all necessary labor material and equipment. If it is found that such Work is defective, the Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and charges of engineers, architects, attorneys and other professionals), and the Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of any such decrease, the Owner may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, the Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and if the parties are unable to agree as to the amount or extent thereof, the Contractor may make a claim therefor as provided in Articles 11 and 12.

13.5 Owner May Stop Work. If the Work is defective, or the Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the

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completed Work will conform to the Contract Documents, the Owner may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. This right of the Owner to stop the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other party. Neither the existence of this right nor the exercise or the failure of exercise of this right to stop the Work shall preclude the exercise of any other rights or remedies of the Owner or the Architect/Engineer or constitute the waiver of any rights or remedies of the Owner or the Architect/Engineer.

13.6 Correction or Removal of Defective Work. If required by the Architect/Engineer, the Contractor shall promptly, as directed, either correct all defective Work, whether fabricated, installed or completed, or, if the Work has been rejected by the Architect/Engineer, remove it from the site and replace it with non-defective Work. The Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby.

13.7 One Year Correction Period. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee or warranty required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, the Contractor shall promptly, without cost to the Owner and in accordance with the Owner's instructions, either correct such defective Work, or, if it has been rejected by the Owner, remove it from the site and replace it with non-defective Work. If the Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by the Contractor. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment.

13.8 Acceptance of Defective Work. If, instead of requiring correction or removal and replacement of defective Work, the Owner prefers to accept it, he may do so with the concurrence of the Architect/Engineer. The Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept such defective Work (such costs to be approved by the Architect/Engineer as to reasonableness and to include and but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to the Architect/Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of any such decrease, the Owner may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by the Contractor to the Owner.

13.9 Owner May Correct Defective Work. If the Contractor fails within a reasonable time after written notice of the Architect/Engineer to proceed to correct and to complete correction of any defective Work or to remove and replace rejected Work as required by the Architect/Engineer in accordance with paragraph 13.6, or if the Contractor fails to perform the Work in accordance with the Contract Documents, or if the Contractor fails to comply with any other provisions of the Contract Documents, the Owner may, after seven days' written notice to the Contractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, the Owner may exclude the Contractor from all or part of the site, take possession of all or part of the Work, and suspend Contractor's services related thereto, take possession of the Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which the Owner has paid the Contractor but which are stored elsewhere. The Contractor shall allow the Owner and the Owner's representatives, agents and employees such access to the site as may be necessary to enable the Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the Owner in exercising such rights and remedies will be charged against the Contractor in an amount approved as to reasonableness by the Architect/Engineer, and a Change Order will be issued

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incorporating the necessary revisions in the Contract Documents with respect to the Work; and the Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of any such decrease, the Owner may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the Contractor's defective Work. The Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the Owner of the Owner's rights and remedies under this paragraph. ARTICLE 14. PAYMENTS TO CONTRACTOR AND COMPLETION

14.1 Schedule of Values. The Schedule of values established as provided in paragraph 2.8 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to the Architect/Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed.

14.2 Application for Progress Payment.

(a) At least twenty days before each progress payment is scheduled (but not more often than once a month) the Contractor shall submit to the Architect/Engineer for review an Application for Payment filled out and signed by the Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances (which are hereinafter in the General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect the Owner's interest therein, all of which must be satisfactory to the Owner. The amount of retainage with respect to progress payments will be as stipulated in the Agreement.

(b) The Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the Owner no later than the time of payment, free and clear of all Liens.

14.3 Review of Applications.

(a) The Architect/Engineer will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to the Owner, or return the Application to the Contractor indicating in writing the Architect/Engineer's reasons for refusing to recommend payment. In the latter case, the Contractor may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment with the Architect/Engineer's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.3(d)) become due and when due will be paid by the Owner to the Contractor.

(b) The Architect/Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by the Architect/Engineer to the Owner, based on the Architect/Engineer's on-site observations of the Work in progress as an experienced and qualified design professional and on the Architect/Engineer's review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that to the best of the Architect/Engineer's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.7, and to any other qualifications stated in the recommendation); and that the Contractor is entitled to payment of the amount recommended. However, by recommending any such payment, the Architect/Engineer will not thereby be deemed to have

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represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to the Architect/Engineer in the Contract Documents or that there may not be other matters or issues between the parties that might entitle the Contractor to be paid additionally by the Owner or the Owner to withhold payment to the Contractor.

(c) The Architect/Engineer's recommendation of final payment will constitute an additional representation by the Architect/Engineer to the Owner that the conditions precedent to the Contractor's being entitled to final payment as set forth in paragraph 14.8 have been fulfilled.

(d) The Architect/Engineer may refuse to recommend the whole or any part of any payment if, in the Architect/Engineer's opinion, it would be incorrect to make such representations to the Owner. The Architect/Engineer may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the result of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in the Architect/Engineer's opinion to protect the Owner from loss because: (i) the Work is defective, or completed Work has been damaged requiring correction or replacement; (ii) the Contract Price has been reduced by Written Amendment or Change Order; (iii) the Owner has been required to correct defective Work or complete Work in accordance with paragraph 13.9; or (iv) of the Architect/Engineer's actual knowledge of the occurrence of any of the events enumerated in paragraph 15.2. The Owner may refuse to make payment of the full amount recommended by the Architect/Engineer because claims have been made against the Owner on account of the Contractor's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling the Owner to a set-off against the amount recommended, but the Owner must give the Contractor immediate written notice (with a copy to the Architect/Engineer) stating the reasons for such action.

14.4 Substantial Completion.

(a) When the Contractor considers the entire Work ready for its intended use, the Contractor shall notify the Owner and the Architect/Engineer in writing that the entire Work is substantially complete (except for items specifically listed by the Contractor as incomplete) and request that the Architect/Engineer issue a certificate of Substantial Completion. Within a reasonable time thereafter, the Owner, the Contractor and the Architect/Engineer shall make an inspection of the Work to determine the status of completion. If the Architect/Engineer does not consider the Work substantially complete, the Architect/Engineer will notify the Contractor in writing giving the reasons therefor. If the Architect/Engineer considers the Work substantially complete, the Architect/Engineer will prepare and deliver to the Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. The Owner shall have seven days after receipt of the tentative certificate during which to make written objection to the Architect/Engineer as to any provisions of the certificate or attached list. If, after considering such objections, the Architect/Engineer concludes that the Work is not substantially complete, the Architect/Engineer will within fourteen days after submission of the tentative certificate to the Owner, notify the Contractor in writing, stating the reasons therefor. If, after consideration of the Owner's objections, the Architect/Engineer considers the Work substantially complete, the Architect/Engineer will within said fourteen days execute and deliver to the Owner and the Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as the Architect/Engineer believes justified after consideration of any objections from the Owner.

(b) Except to the extent otherwise provided in subparagraphs (c) and (d) of this paragraph 14.4, pending final payment to the Contractor he shall not be relieved of any responsibility with respect to security, operation, safety, maintenance, heat, utilities, insurance or warranties, except to the extent specifically agreed to in writing signed by the Owner and the Contractor.

(c) At the time of delivery of the tentative certificate of Substantial Completion, the Architect/Engineer may deliver to the Owner and the Contractor a written recommendation as to division of responsibilities pending final payment between the Owner and the Contractor with respect to security, operation, safety,

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maintenance, heat, utilities, insurance and warranties. Unless the Owner and the Contractor agree otherwise in writing and so inform the Architect/Engineer prior to issuance of the definitive certificate of Substantial Completion, the Architect/Engineer's aforesaid recommendation will be binding upon the Owner and the Contractor until final payment.

(d) The Owner shall have the right to exclude the Contractor from the Work after the date of Substantial Completion, but the Owner shall allow the Contractor reasonable access to complete or correct items on the tentative list. If the Owner exercises its right to exclude the Contractor from the Work in accordance with this subparagraph, the Contractor shall be relieved of any responsibilities with respect to security, operation, safety, maintenance, heat and utilities, except to the extent otherwise agreed in writing and signed by the Owner and the Contractor, but the Contractor shall not be relieved of its responsibilities with respect to insurance and warranties, except to the extent specifically agreed to in writing by the Owner.

14.5 Partial Utilization. Use by the Owner of any finished part of the Work, which has been specifically identified in the Contract Documents, or which the Owner, the Architect/Engineer and the Contractor agree constitutes a separately functioning and usable part of the Work that can be used by the Owner without significant interference with the Contractor's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following:

(a) The Owner at any time may request the Contractor in writing to permit the Owner to use any such part of the Work which the Owner believes to be ready for its intended use and substantially complete. If the Contractor agrees, the Contractor will certify to the Owner and the Architect/Engineer that said part of the Work is substantially complete and request the Architect/Engineer to issue a certificate of Substantial Completion for that part of the Work. The Contractor at any time may notify the Owner and the Architect/Engineer in writing that the Contractor considers any such part of the Work ready for its intended use and substantially complete and requests the Architect/Engineer to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, the Owner, the Contractor and the Architect/Engineer shall make an inspection of that part of the Work to determine its status of completion. If the Architect/Engineer does not consider that part of the Work to be substantially complete, the Architect/Engineer will notify the Owner and the Contractor in writing giving the reasons therefor. If the Architect/Engineer considers that part of the Work to be substantially complete, the provisions of paragraph 14.4 shall apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.

(b) The Owner may at any time request the Contractor in writing to permit the Owner to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to the Architect/Engineer and within a reasonable time thereafter the Owner, the Contractor and the Architect/Engineer shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If the Contractor does not object in writing to the Owner and the Architect/Engineer that such part of the Work is not ready for separate operation by the Owner, the Architect/Engineer will finalize the list of items to be completed or corrected and will deliver such list to the Owner and the Contractor together with a written recommendation as to the division of responsibilities pending final payment between the Owner and the Contractor with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon the Owner and the Contractor at the time when the Owner takes over such operation (unless they shall have otherwise agreed in writing and so informed the Architect/Engineer). During such operation and prior to Substantial Completion of such part of the Work, the Owner shall allow the Contractor reasonable access to complete or correct items on said list and to complete other related Work.

(c) No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.9 in respect of property insurance.

14.6 Final Inspection. Upon written notice from the Contractor that the entire Work or an agreed portion thereof is complete, the Architect/Engineer will make a final inspection with the Owner and the Contractor and will notify the Contractor in writing of all particulars in which this inspection reveals that the Work is

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incomplete or defective. The Contractor shall immediately take such measures as are necessary to remedy such deficiencies.

14.7 Final Application for Payment. After the Contractor has completed all such corrections to the satisfaction of the Architect/Engineer and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked-up record documents (as provided in paragraph 6.11) and other documents, all as required by the Contract Documents, and after the Architect/Engineer has indicated that the Work is acceptable (subject to the provisions of paragraph 14.10), the Contractor may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to the Owner) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by the Owner, the Contractor may furnish receipts or releases in full; an affidavit of the Contractor that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which the Owner or the Owner's property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full, the Contractor may furnish a Bond or other collateral satisfactory to the Owner to indemnify the Owner against any Lien.

14.8 Final Payment and Acceptance.

(a) If, on the basis of the Architect/Engineer's observation of the Work during construction and final inspection, and the Architect/Engineer's review of the final Application for Payment and accompanying documentation all as required by the Contract Documents, the Architect/Engineer is satisfied that the Work has been completed and that Contractor's other obligations under the Contract Documents have been fulfilled, the Architect/Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing the Architect/Engineer's recommendation of payment and present the Application to the Owner for payment. Thereupon the Architect/Engineer will give written notice to the Owner and the Contractor that the Work is acceptable subject to the provisions of paragraph 14.10. Otherwise, the Architect/Engineer will return the Application to the Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case the Contractor shall make the necessary corrections and resubmit the Application. Thirty days after presentation to the Owner of the Application and accompanying documentation, in appropriate form and substance, and with the Architect/Engineer's recommendation and notice of acceptability, the amount recommended by the Architect/Engineer will become due and will be paid by the Owner to the Contractor.

(b) If, through no fault of the Contractor, final completion of the Work is significantly delayed and if the Architect/Engineer so confirms, the Owner shall, upon receipt of the Contractor's final Application for Payment and recommendation of the Architect/Engineer, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by the Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of each surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect/Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

14.9 Contractor's Continuing Obligation. The Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by the Architect/Engineer, nor the issuance of a certificate of Substantial Completion, nor any payment by the Owner to the Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by the Owner, nor any act of acceptance by the Owner nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by the Architect/Engineer pursuant to paragraph 14.8, nor any correction of defective Work by the Owner will constitute an acceptance of Work not in accordance with the Contract Documents or a

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release of the Contractor's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.10).

14.10 Waiver of Claims. The making and acceptance of final payment will constitute:

(a) A waiver of all claims by the Owner against the Contractor, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.6 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however it will not constitute a waiver by the Owner of any rights in respect of the Contractor's continuing obligations under the Contract Documents; and

(b) A waiver of all claims by the Contractor against the Owner other than those previously made in writing and still unsettled. ARTICLE 15. SUSPENSION OF WORK AND TERMINATION

15.1 Suspension. The Owner may, at any time and without cause, suspend the Work, or any portion thereof for a period of not more than ninety days by notice in writing to the Contractor and the Architect/Engineer which will fix the date on which Work will be resumed. The Contractor shall resume the work on the date so fixed. The Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if the Contractor makes an approved claim therefor as provided in Articles 11 and 12.

15.2 Termination by Owner. Upon the occurrence of any one or more of the following events:

(a) if the Contractor commences a voluntary case under any Chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if the Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to bankruptcy or insolvency;

(b) if a petition is filed against the Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing or if a petition is filed seeking any such equivalent or similar relief against the Contractor under any other federal or state law in effect at the time relating to bankruptcy or insolvency;

(c) if the Contractor makes a general assignment for the benefit of creditors;

(d) if a trustee, receiver, custodian or agent of the Contractor is appointed under applicable law or under contract, whose appointment or authority to take charge of the property of the Contractor is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of the Contractor's creditors;

(e) if the Contractor admits in writing an inability to pay his debts generally as they become due;

(f) if the Contractor persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.8 as revised from time to time);

(g) if the Contractor disregards applicable Laws or Regulations;

(h) if the Contractor disregards the authority of the Architect/Engineer; or

(i) if the Contractor otherwise violates in any material way any provisions of the Contract Documents; the Owner may, after giving the Contractor (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of the Contractor, exclude the Contractor from the site and take possession of the Work and of all the Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used

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by the Contractor (without liability to the Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the Owner has paid the Contractor but which are stored elsewhere, and finish the Work as the Owner may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court costs) such excess will be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor shall pay the difference to the Owner. Such costs incurred by the Owner will be approved as to reasonableness by the Architect/Engineer and incorporated in a Change Order, but when exercising any rights and remedies under this paragraph, the Owner shall not be required to obtain the lowest price for the Work performed. Where the Contractor's services have been so terminated by the Owner, the termination will not affect any rights or remedies of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due the Contractor by the Owner will not release the Contractor from liability.

15.3 Abandonment by Owner. Upon seven days' written notice to the Contractor and the Architect/Engineer, the Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, the Contractor shall be paid for all Work executed and any expense sustained plus reasonable termination expenses which will include, but not be limited to, direct, indirect and consequential costs (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court costs).

15.4 Contractor Remedies. If, through no act or fault of the Contractor, the Work is suspended for a period of more than ninety days by the Owner or under an order of court or other public authority, or the Architect/Engineer fails to act on any Application for Payment within thirty days after it is submitted, or the Owner fails for thirty days to pay the Contractor any sum finally determined to be due, then the Contractor may, upon seven days' written notice to the Owner and the Architect/Engineer, terminate the Agreement and recover from the Owner payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if the Architect/Engineer has failed to act on an Application for Payment or the Owner has failed to make any payment as aforesaid, the Contractor may upon seven days' written notice to the Owner and the Architect/Engineer, stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve the Contractor of the obligation under paragraph 6.15 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with the Owner. ARTICLE 16. MISCELLANEOUS

16.1 Notices. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. In lieu of the foregoing, the Supplementary Conditions may specify other requirements with respect to the giving of notices pursuant to the Contract Documents.

16.2 Computation of Time. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.

16.3 Duties, Rights and Remedies Not Exclusive. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon the Contractor by paragraphs 6.16, 13.1, 13.7, 13.9, 14.2 and 15.2 and all of the rights and remedies available to the Owner and the Architect/Engineer thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in

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connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. END OF DOCUMENT

00800-1

DOCUMENT 00800 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (the "General Conditions") and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. 1. Defined Terms

The terms used in these Supplementary Conditions which are defined in the General Conditions have the meanings assigned to them in the General Conditions.

2. REVISIONS TO SECTION 00700, GENERAL CONDITIONS:

A. Delete entirely Paragraph 5.4.

B. Paragraph 5.5 (a.), first line, delete "Owner" and substitute "Contractor" therefor.

C. Paragraph 5.5 (b.), first line, delete "Owner" and substitute "Contractor" therefor.

D. Paragraph 5.5 (c.), second line, delete "Owner" and substitute "Contractor" therefor.

E. Delete entirely Paragraph 5.5 (e).

F. Paragraph 5.8, fifth line, delete the sentence that starts "If the Contractor has...." and the remainder of Paragraph 5.8".

3. LIABILITY INSURANCE AND PROPERTY INSURANCE

A. The liability insurance to be provided pursuant to paragraphs 5.2, 5.3 and 5.4 of the General Conditions shall comply with the following as to limits of coverage and certain other special provisions (if any):

B. Contractor shall provide Comprehensive General Liability insurance as follows:

General Liability - Bodily Injury: $1,000,000 each occurrence

$1,000,000 annual aggregate Property Damage: $1,000,000 each occurrence $1,000,000 annual aggregate Personal Injury: $1,000,000 annual aggregate

Comprehensive Auto Liability - Bodily Injury: $ 500,000 each person $ 500,000 each occurrence $1,000,000 annual aggregate

Property Damage: $ 500,000 each occurrence or a combined single limit of $1,000,000.

Worker's Compensation - In accordance with the laws of the State.

C. OWNER'S Protective Public Liability Insurance: This shall be in the same amounts and for the same hazards as described in Paragraph above. THIS INSURANCE SHALL BE IN THE FORM

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OF SEPARATE POLICY WRITTEN IN THE NAME OF THE OWNER, AND FONTAINE ENGINEERING, LLC, SHALL BE NAMED THEREIN AS ADDITIONALLY INSURED.

D. The property insurance following provisions shall apply to the insurance to be provided pursuant

to paragraph 5.5 of the General Conditions.

E. At his own expense, the Contractor shall provide and maintain during the life of this contract "All Risk Installation Floater" insurance in the full amount of the contract price, to cover all work in place and/or materials stored on the project site. This insurance shall include Vandalism and Malicious Mischief coverage.

F. Prior to commencement of any work under this contract the Contractor shall furnish to the

Owner's authorized representative two copies of Certificates showing the effectiveness of the above specified insurance.

G. Contractor's Insurance:

1. General: a. At his own expense, the CONTRACTOR shall obtain and maintain during the life of

this contract insurance of the various types and amounts specified above. The "life of this contract" means the time period from date of issuance by the Architect/Engineer of Authorization To Proceed, through date of issuance by the OWNER of Certificate of Final Completion.

b. Before any work is begun by the CONTRACTOR or any of his Subcontractors, the CONTRACTOR shall furnish to the OWNER'S authorized representative three (3) copies of Certificates of Insurance showing the effectiveness of all required insurance for the CONTRACTOR, for each of his Subcontractors, for the OWNER, and for the Architect/Engineer. No work shall begin under this contract until the OWNER'S authorized representative has given written approval of the insurance certificates.

4. Reports and Drawings-Physical Conditions

(a) The following are identified as those reports of explorations and tests of subsurface conditions at the site that have been utilized by the Architect/Engineer in preparation of the Contract Documents:

(b) The following are identified as those drawings of physical conditions in or relating to existing

surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by the Architect/Engineer in preparation of the Contract Documents.

5. Liability Insurance

The insurance to be provided pursuant to paragraphs 5.2 and 5.3 of the General Conditions shall comply with the following as to limits of coverage and certain other special provisions (if any):

6. Property Insurance

The following provisions shall apply to the insurance to be provided pursuant to paragraph 5.5 of the General Conditions:

7. Salvaged Materials and Equipment

Promptly haul away from the Owner's premises all materials and equipment which are removed from the existing structures and are neither indicated nor required to be reused in the completed project, EXCEPT as otherwise specified below.

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The Owner may select certain removed existing materials and equipment and retain them for his future use. BEFORE removing any existing materials and equipment, determine from the Owner which of these materials and equipment (if any) he desires to retain. Remove all Owner-selected materials and equipment without unnecessary damage thereto, and safely store them at locations designated by the Owner.

8. Insurance Required by Railroad Company For Work Performed On Track Right-Of-Way

(a) Prior to any work being performed on the railroad right-of-way, the Contractor shall obtain insurance covering Comprehensive General Liability, Public Liability and Property Damage, with the limits of coverage and other requirements as required by the railroad company. The cost of this insurance shall be included in the Bid Price. Furnish to the Owner's authorized representative and the railroad company two copies of Certificates showing the effectiveness of this insurance.

(b) OWNER'S Protective Public Liability Insurance: This shall be in the same amounts and for

the same hazards as described in Section 00700, GENERAL CONDITIONS. THIS INSURANCE SHALL BE IN THE FORM OF A SEPARATE POLICY WRITTEN IN THE NAME OF THE OWNER; AND FONTAINE ENGINEERING, LLC SHALL BE NAMED THEREIN AS ADDITIONALLY INSURED.

9. Continuity of Services and Existing Operations

(a) Arrange all work to interfere as little as possible with the normal existing operations. Do not interrupt any existing utility or other service or existing operation at any time without Owner's prior approval. After each interruption has been made, make all necessary connections and alterations, and restore services and avoid interferences with normal existing operations as quickly as possible.

(b) At no additional cost to Owner, provide all necessary temporary connections and temporary

facilities to accomplish the required continuity of services and existing operations. END OF DOCUMENT

00820-1

DOCUMENT 00820 EQUAL OPPORTUNITY PROVISIONS The Bidder represents that:

It has [ ], does not have [ ], 100 or more employees, and if it has, that

It has [ ], has not [ ], furnished the Equal Employment Opportunity - Employers Information Report EEO-1, Standard Form 100, required of employers with 100 or more employees pursuant to Executive Order 11246 and Title VII of the Civil Rights Act of 1964.

The Bidder agrees that it will obtain, prior to the award of any subcontract for more than $10,000 hereunder to a subcontractor with 100 or more employees, a statement, signed by the proposed subcon-tractor, that the proposed subcontractor has filed a current report on Standard Form 100. The Bidder agrees that if it has 100 or more employees and has not submitted a report on Standard Form 100 for the current reporting year and that if this contract will amount to more than $10,000, the Contractor will file such report, as required by law, and notify the Owner in writing of such filing prior to the Owner's acceptance of this Proposal. CERTIFICATION OF NONSEGREGATED FACILITIES. The Bidder certifies that it does not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The Bidder certifies further that it will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it will not permit its employees to perform their services at any location, under its control where segregated facilities are maintained. The Bidder agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that it will retain such certifications in its files. The penalty for making false statements is prescribed in 18. U.S.C. 1001. EQUAL OPPORTUNITY CLAUSE. During the performance of this contract, the Bidder agrees as follows:

(1) The Bidder will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Bidder will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Bidder agrees to post, in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provision of this Equal Opportunity Clause.

(2) The Bidder will, in all solicitations or advertisements for employees placed by or on behalf of the Bidder, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

(3) The Bidder will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Bidder's commitments under this

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section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(4) The Bidder will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(5) The Bidder will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(6) In the event of the Bidder's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Bidder may be declared ineligible for further contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in the said Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in the said Executive Order or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(7) The Bidder will include this Equal Opportunity Clause in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Bidder will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Bidder becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Bidder may request the United States to enter into such litigation to protect the interests of the United States.

END OF DOCUMENT

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SECTION 00850 CDBG TERMS & CONDITIONS 1. Access of Grantee, State of Mississippi, HUD and Others to CDBG Documents, Papers, and

Books. That said Contractor agrees to allow for the grantee, State of Mississippi, HUD, the Comptroller General of the United States and any of their duly authorized representatives, access to any book, documents, papers and records of the Contractor, which are directly pertinent to the CDBG Program for the purpose of making audits, examinations excerpts and transcriptions.

2. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in

timely and proper manner, its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Owner shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Contractor under this Contract shall, at the option of the Owner become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents.

Notwithstanding the above, the Contractor shall not be relieved of liability to the Owner for damages sustained by the Owner by virtue of any breach of the Contract by the Contractor and the Owner may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the Owner from the Contractor is determined.

3. Termination for Convenience of Owner. The Owner may terminate this Contract any time by a

notice in writing from the Owner to the Contractor. If the Contract is terminated by the Contractor as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty percent of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract.

4. Records. All records required to be kept in the project shall be maintained for at least three years

after final payments and all other pending matters under the grant are closed. 5. Health and Safety Standards. All parties participating in this project agree to comply with

Section 107 of the Contract Work Hours and Safety Standards Act. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

6. Environmental Compliance. Contracts, subcontracts, and sub-grants of amounts in excess of

$100,000 shall contain a provision which requires compliance with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h)). Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15), which prohibit the use under non-exempt Federal contracts, grants of loans of facilities included on the EPA List of Violating Facilities. The provision shall require reporting of violations to the grantor agency and to the USEPA Assistant Administrator for Enforcement (EN-329).

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7. Energy Efficiency. All participants in the project shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).

8. Changes. The Owner may, from time to time, request changes in the scope of the services of the

Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractors compensation, which are mutually agreed upon by and between Contractor and Owner, shall be incorporated in written amendments to this Contract.

9. Personnel.

A. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Owner.

B. All the services required hereunder will be performed by the Contractor or under its

supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services.

C. No person who is serving sentence in a penal or correctional institution shall be employed

or work under this contract.

10. Anti-Kickback Rules. Salaries of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the Anti-Kickback Act of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The Contractor shall comply with all applicable Anti-Kickback regulations and shall insert appropriate provisions in all subcontracts covering work under this Contract to insure compliance by subcontractors with such regulations, and shall be responsible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof.

11. Withholding of Salaries. If in the performance of this Contract, there is any underpayment of salaries

by the Contractor or by any subcontractor thereunder, the Owner shall withhold from the Contractor out of payments due to it an amount sufficient to pay to employees underpaid the difference between the salaries required thereby to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed by the Owner for and on account of the Contractor or subcontractor to the respective employees to whom they are due.

12. Claims and Disputes Pertaining to Salary Rates. Claims and disputes pertaining to salary rates or to

classifications of architects, draftsmen, technical engineers, technicians performing work under this Contract shall be promptly reported in writing by the Contractor to the Owner for the latters decision which shall be final with respect thereto.

13. Equal Employment Opportunity. During the performance of this Contract, the Contractor agrees to

comply with Executive Order 11246, and the regulations issued pursuant thereto (24 CFR Part 130 and 41 CFR Chapter 60), which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts. Contractors and subcontractors on federal and federally assisted construction contracts shall take affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation and selection for training and apprenticeship.

14. Anti-Discrimination Clauses. The Contractor will comply with:

A. Title VI of the Civil Rights Act of 1964 (Pub. L. 88352), and the regulations issued pursuant thereto (24 CFR Part 1), which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation

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in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of such property, and transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provisions of similar services or benefits;

B. Title VIII of the Civil Rights Act of 1963 (Pub L. 90284), as amended, administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing; and will take action to affirmatively further fair housing in the sale or rental of housing, the financing of housing, and the provision of brokerage services.

C. Executive Order 11063, as amended by Executive Order 12259, on equal opportunity in housing and nondiscrimination in the sale or rental of housing built with federal assistance.

Section 109 of the Housing and Community Development Act of 1974, as amended, which requires that no person in the United States shall on the grounds of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activities funded in whole or in part with community development funds made available pursuant to the Act. Section 109 further provides that any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. Section 6101 et seq) or with respect to any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. section 794) shall also apply to any such program or activity.

15. Section Three Clause. The Contractor will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u) requiring that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by, persons residing in the area of the project.

16. Discrimination Because of Certain Labor Matters. No person employed on the work covered by this

Contract shall be discharged or in any way discriminated against because he has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating the labor standards applicable hereunder to his employer.

17. Compliance with Local Laws. The Contractor shall comply with all applicable laws, ordinances and

codes of the State and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this Contract.

18. Subcontracting. None of the services covered by this Contract shall be subcontracted without the

prior written consent of the Owner. The Contractor shall be as fully responsible to the Owner for the acts and omission of its subcontractors, and of persons either directly or indirectly employed by it. The Contractor shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Contract.

19. Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any

interest in the same (Whether by assignment or novation) without the prior written approval of the Owner; Provided, however, that claims for money due or to become due the Contractor from the Owner under this Contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Owner.

20. Interest of Members of Local Public Agency and Others. The Contractor agrees to establish

safeguards to prohibit employees form using positions for a purpose that is or gives the appearance of

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being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties.

The Contractor will comply with Sec. 21-39-1, Mississippi Code Annotated (1972), which prohibits municipal officers and employees from having or owning any interest or share, individually or as agent or employee of any persons or corporation, either directly or indirectly, in any contract made or let by the governing authorities of such municipality for the construction or doing of any public work, or for the sale or purchase of any materials, supplies, or property of any description, or for any other purpose whatsoever, or in any subcontract arising therefrom or connected therewith, or to receive, either directly or indirectly any portion or share of any money or other thing paid for the construction or doing of any public work, or for the sale or purchase of any property, or upon any other contract made by the governing authorities of the municipality, or subcontract arising therefrom or connected therewith.

The Contractor will also be aware of and avoid any violation of Section 97-11-19, Mississippi Code Annotated (Supp 1982) which prescribes a criminal penalty for any public officer who has an interest in any contract passed by the board of which he is a member during the term he was a member and for one year thereafter.

21. Interest of Certain Federal Officials. No member of or Delegate to the Congress of the United States,

and no Resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit to arise herefrom.

22. Interest of Contractor. The Contractor covenants that it presently has no interest and shall not acquire

any interest, direct or indirect in the above described Project or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed.

23. Political Activity. The Contractor will comply with the provisions of the Hatch Act (5 U.S.C. 1501 et

seq), which limits the political activity of employees. 24. Davis-Bacon Act Requirement. The Contractor will comply with Section 110 of the Housing and

Community Development Act of 1974, as amended, which required that all laborers and mechanics employed by contractors or subcontractors on construction work assisted under the Act shall be paid at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), and it will comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq). (However, these requirements apply to the rehabilitation of residential property only if such property is designed for residential use of eight or more families.)

25. Uniform Act Requirements. The Contractor will comply with all applicable requirements of Titles II and

III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4630) as specified in regulations issued by the Secretary of the Department of Housing and Urban Development and published in 24 CFR Part 570 Subpart 1.

26. Lead Based Paint Requirements. The Contractor will comply with Title IV of the Lead-Based Paint

Poisoning Prevention Act (42 U.S.C. section 4831) which prohibits the use of lead-based paint in residential structures constructed or rehabilitated with federal assistance in any form.

27. Compliance with Office of Management and Budget. The parties agree to comply with the

regulations, policies, guidelines and requirements of Office of Management and Budget Circulars A-95, A-102, and A-84, as they relate to the use of federal funds under this contract.

28. Flood Insurance Purchase Requirements. Both parties agree to comply with the flood insurance

purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, (P.L. 93-234, 87 Stat. 975) approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the

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receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase, Federal financial assistance includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance.

29. Historic Preservation. Both parties agree to assist the Federal grantor agency in its compliance with

Section 106 of the National Historic Preservation Act of 1966 as amended (16 U.S.C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency and the State grantor agency to avoid or mitigate adverse effects upon such properties.

30. Program Monitoring. Both parties agree to assist and cooperate with the Federal grantor agency and

the State grantor agency or their duly designated representatives in the monitoring of the project or projects to which this grant relates, and to provide in form and manner approved by the State grantor agency such monitoring reports, progress reports, and the like, as may be required and to provide such reports at the times specified.

31. Discrimination Due to Beliefs. No person with responsibilities in operation of the project to which this

grant relates will discriminate with respect to any program participant or any applicant for participation in such program because of political affiliation or beliefs.

32. Findings Confidential. All of the reports, information, data, etc., prepared or assembled by the

Contractor under this Contract are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the Owner.

33. Right to Audit. Each Participating Party receiving grant funds shall keep and maintain books, records

and other documents relating directly to the receipt and disbursement of such grant funds, any duly authorized representative of the Governor’s Office of Federal-State Programs, Department of Community Development, the U.S. Department of Housing and Urban Development (HUD) and/or the Controller General of the United States shall, at all reasonable times, have access to and the right to inspect, copy, audit and examine all such books, records and other documents of such Participating Party until the completion of all close-out procedures respecting this grant and the final settlement and conclusion of all issues arising out of this grant.

34. Access to Project. Each Participating Party agrees that any duly authorized representative of the

Governor’s Office of Federal-State Programs, Department of Community Development, the U.S. Department of Housing and Urban Development (HUD) and/or the Controller General of the United States shall, at all reasonable times, have access to any portion of the Project in which such Participating Party is involved until the completion of all close-out procedures respecting this grant.

35. Certification of Compliance with Air and Water Acts. (Applicable to federally assisted construction

contracts and related subcontracts exceeding $100,000) 36. Compliance with Air and Water Acts. During the performance of this contract, the Contractor and all

subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended.

In addition to the foregoing requirements, all nonexempt Contractors and subcontractors shall furnish to the owner the following:

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(1) A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any nonexempt contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.

(2) Agreement of the Contractor to comply with all the requirements of Section 114 of the Clean

Air Act, as amended, (42 USC 1857 C-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and information as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.

(3) A stipulation that as a condition for the award of the contract, prompt notice will be given of

any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized for the contract, is under consideration to be listed on the EPA list of Violating Facilities.

(4) Agreement by the Contractor that he will include, or cause to be included, the criteria and

requirements in paragraphs (1) through (4) of this section in every non exempt subcontract and requiring that the contractor will take such action as the Government may direct as a means of enforcing such provisions.

END OF SECTION

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SECTION 00851

SPECIAL PROVISIONS AND REGULATIONS

STIPULATED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM For the purpose of clarification, the Contracted Party shall refer to the firm providing professional services to the Grantee as specified in the contract to which this document is attached. 1. ACCESS OF GRANTEE, STATE OF MISSISSIPPI, HUD AND OTHERS TO CDBG DOCUMENTS,

PAPERS, AND BOOKS

The Contracted Party agrees to allow the Grantee, State of Mississippi, HUD, the Comptroller General of the United States, and any of their duly authorized representatives access to any books, documents, papers, and records of the Contracted Party which are directly pertinent to the CDBG Program for the purpose of making audits, examinations, excerpts, and transcriptions.

2. TERMINATION OF CONTRACT FOR CAUSE

If, through any cause, the Contracted Party shall fail to fulfill in timely and proper manner, his obligations under this Contract, or if the Contracted Party shall violate any of the covenants, agreements, or stipulations of this Contract, the Grantee shall thereupon have the right to terminate this Contract by giving written notice to the Contracted Party of such termination and specifying the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Contracted Party shall entitle the Contracted Party's receipt of just and equitable compensation for any satisfactory work completed on such documents.

Notwithstanding the above, the Contracted Party shall not be relieved of liability to the Grantee for damages sustained or the Grantee by virtue of any breach of the Contract by the Contracted Party. The Owner may withhold any payments to the Contracted Party for the purpose of set off until such time as the exact amount of damages due the Grantee from the Contracted Party is determined.

3. TERMINATION FOR CONVENIENCE OF THE GRANTEE

The Grantee may terminate this Contract any time by a notice in writing from the Grantee to the Contracted Party. If the Contract is terminated by the Owner as provided herein, the Contracted Party will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contracted Party covered by this Contract, less payments of compensation previously made provided that if less than sixty percent of the services covered by this Contract have been performed upon the effective date of such termination, the Contracted Party shall be reimbursed (in addition to the above payment) for that portion of actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contracted Party during the Contract period which are directly attributable to the incomplete portion of the services covered by this Contract.

4. RECORDS

All records required to be kept on the project shall be maintained for at least three years after final payments and until all other pending matters under the grant are closed.

5. HEALTH AND SAFETY STANDARDS

All parties participating in this project agree to comply with Section 107 of the Contract Work Hours and Safety Standards Act. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions, which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction,

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safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation.

6. ENVIRONMENTAL COMPLIANCE

Contracts, subcontracts, and subgrants of amounts in excess of $100,000.00 shall contain a provision which requires compliance with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1957 (h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency (EPA) regulations (40 CFR, 15), which prohibit the use under nonexempt Federal contracts, grants, or loans of facilities included on the EPA List of Violating Facilities. The provisions shall require reporting of violations to the grantor agency and the U.S. EPA Assistant Administrator for Enforcement (EN-329).

7. ENERGY EFFICIENCY

All participants in the projects shall recognize mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (PL 94-163).

8. CHANGES

The Grantee may, from time to time, request changes in the scope of the services of the Contracted Party to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contracted Party's compensation which are mutually agreed upon by and between the Grantee and the Contracted Party, shall be incorporated in written amendments to this Contract.

9. PERSONNEL

The Contracted Party represents that it has, or will secure at its own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Grantee.

All the services required hereunder will be performed by the Contracted Party or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services.

No person who is serving sentence in a penal or correctional institution shall be employed on work under this Contract.

10. ANTI-KICKBACK RULES

Salaries of personnel performing work under this Contract shall be paid unconditionally and not less often than once a month without payroll deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti-Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. 874; and Title 40 U.S.C. 276c). The Engineer and contractor shall comply with all applicable "Anti-Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this contract to insure compliance by the subcontractors with such regulations, and shall be responsible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof.

11. WITHHOLDING OF SALARIES

If in the performance of this Contract, there is any underpayment of salaries by the Contracted Party or by any subcontracted thereunder, the Grantee shall withhold from the Contracted Party out of payment due to him an amount sufficient to pay to employees underpaid the difference between the

00851-3

salaries required thereby to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed by the Grantee for and on account of the contracted party or subcontractor to the respective employees to whom they are due.

12. CLAIMS AND DISPUTES PERTAINING TO SALARY RATES

Claims and disputes pertaining to salary rates or to classifications of professional staff or technicians performing work under this Contract shall be promptly reported in writing by the Contracted Party to the Grantee for the latter's decision which shall be final with respect thereto.

13. EQUAL EMPLOYMENT OPPORTUNITY

During the performance of this Contract, the Contracted Party agrees to comply with Executive Order 11246, and the regulations issued pursuant thereto (24 CFR 130 and 41 CFR Chapter 60), which provides that no person shall be discriminated against on the basis of race, color, religion, gender, or national origin in all phases of employment during the performance of Federal or Federally assisted construction contracts, contractors and subcontractors on Federal and Federally assisted construction contracts shall take affirmative action to ensure fair treatment in employments, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates or pay or other forms of compensation and selection for training apprenticeship.

14. ANTI-DISCRIMINATION CLAUSES

The Contracted Party will comply with the following clauses:

1. Title VI of the Civil Rights Act of 1964 (PL 88-352), and the regulations issued pursuant thereto (24 CFR 1), which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits;

2. Title VIII of the Civil Rights Act of 1968 (PL 90-284), as amended, administering all programs

and activities relating to housing and community development in a manner to affirmatively further fair housing, and taking action to affirmatively further fair housing in the sale or rental of housing, the financing of housing, and the provision of brokerage services; and,

3. Executive Order 11063, as amended by Executive Order 12259, on equal opportunity in

housing and nondiscrimination in the sale or rental of housing built with Federal assistance Section 109 of the Housing and Community Development Act of 1974, as amended which requires that no person in the United States shall on the grounds of race, color, national origin, or gender be excluded from participation in, be denied the benefits or be subjected to discrimination under, any program or activities funded in whole or in part with community development funds made available pursuant to the Act. Section 109 further provides that any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 796) shall also apply to any such program or activity.

15. SECTION 3 CLAUSE

The Contracted Party will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 17010) requiring that to the greatest extent feasible, opportunities for training

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and employment be given to lower income residents of the project area and contracts for work in connection with the project area be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the area of the project.

16. DISCRIMINATION BECAUSE OF CERTAIN LABOR MATTERS

No person employed on the work covered by this Contract shall be discharged or in any way discriminated against because he has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer.

17. COMPLIANCE WITH LOCAL LAWS

The Contracted Party shall comply with all applicable laws, ordinances, and codes of the state and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this Contract.

18. SUBCONTRACTING

None of the services covered by this Contract shall be subcontracted without prior written consent of the Grantee. The Contracted Party shall be as fully responsible to the Grantee for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by him. The Contracted Party shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Contract.

19. ASSIGNABILITY

The Contracted Party shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) without prior written approval of the Grantee provided that claims for money due or to become due the Contracted Party from the Grantee under this Contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee.

20. INTEREST OF MEMBERS OF LOCAL PUBLIC AGENCY AND OTHERS

The Contracted Party agrees to establish safeguards to prohibit employees from using positions for a purpose that is or give the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have a family, business, or other tie.

The Contracted Party will comply with Section 25-4-105, Mississippi Code Annotated (1972), which prohibits any public servant from using his official position to obtain pecuniary benefits for himself other than compensation provided for by law or for any relative or business with which he is associated and which further provides that a public servant may not be interested, during the term for which he has been chosen, or within one (1) year thereafter, in any contract made or let by the governing authorities of such municipality for the construction or doing of any public work, or for the sale or purchase of any materials, supplies or property of any description, or for any other purpose whatsoever, or in any subcontract arising therefrom or connected therewith, or to receive, either directly or indirectly, any portion or share of any money or other thing paid for the construction or doing of any public work, or for the sale or purchase of any property, or upon any other contract made by the governing authorities of the municipality, or subcontract arising therefore or connected therewith.

The Contracted Party will also be aware of and avoid any violation of Sections 25-4-117 and 25-4-119, Mississippi Code Annotated (1972), which prescribes a criminal penalty for any public servant convicted of a violation of this Ethics in Government section.

21. INTEREST OF CERTAIN FEDERAL OFFICERS

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No member of or delegate to the Congress of the United States and no Resident Commissioner, shall be admitted any share or part of this Contract or to any benefit to arise therefrom.

22. INTEREST OF CONTRACTOR

The Contracted Party covenants that he presently has no interest and shall not acquire any interest direct or indirect in the above described project or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Contracted Party further covenants that in the performance of this Contract no person having any such interest shall be employed.

23. POLITICAL ACTIVITY

The Contracted Party will comply with the provisions of the Hatch Act (5 U.S.C. 1501 et seq.), which limits the political activity of employees.

24. DAVIS-BACON ACT REQUIREMENTS

The Contracted Party will comply with Section 110 of the Housing and Community Development Act of 1974, as amended, which requires that all laborers and mechanics employed by contractors or subcontractors on construction work assisted under the Act shall be paid at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended 40 U.S.C. 276a-276-a5), and it will comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.). However, these requirements apply to the rehabilitation of residential property only if such property is designed for residential use of eight or more families.

25. UNIFORM ACT REQUIREMENTS

The Contracted Party will comply with all applicable requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4630) as specified in regulations issued by the Secretary of the Department of Housing and Urban Development and published in 24 CFR 570-1.

26. LEAD-BASED PAINT REQUIREMENTS

The Contracted Party will comply with Title IV of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831), which prohibits the use of lead-based paint in residential structures constructed or rehabilitated with Federal assistance in any form.

27. COMPLIANCE WITH OFFICE OF MANAGEMENT AND BUDGET

The parties agree to comply with the regulations, policies, guidelines, and requirements of the Office of Management and Budget, Circulars A-95, A-102, and A-54, as they relate to the use of Federal funds under this contract.

28. FLOOD INSURANCE PURCHASE REQUIREMENTS

Both parties agree to comply with the flood insurance purchase requirements of Section 102(2) of the Flood Disaster Protection Act of 1973, (PL 93-234, 87 Stat. 975) approved December 31, 1976. Section 102 (a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase, "Federal financial assistance," includes any form of loan, grant, guaranty, insurance payment,

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rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance.

29. HISTORIC PRESERVATION

Both parties agree to assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of 1966 (16 USC 469a-I et seq.) by (a) consulting with the State Historic Preservation officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (CFR Part 600.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency and the state grantor agency to avoid or mitigate adverse effects upon such properties.

30. PROGRAM MONITORING

Both parties agree to assist and cooperate with the Federal grantor agency and the state grantor agency or their duly designated representatives in the monitoring of the project or projects to which this grant relates, and to provide in form and manner approved by the state grantor agency such monitoring reports, progress reports, and the like as may be required and to provide such reports at the times specified.

31. DISCRIMINATION DUE TO BELIEFS

No person with responsibilities in operation of the project to which this grant relates will discriminate with respect to any program participant or any applicant for participation in such program because of political affiliation or beliefs.

32. Confidential Findings

All of the reports, information, data, etc., prepared or assembled by the Contracted Party under this Contract are confidential, and the Contracted Party agrees that they shall not be made available to any individual or organization without prior written approval of the Grantee.

33. THIRD-PARTY CONTRACTS

The Grantee shall include in all contracts with Participating Parties receiving grant funds provisions requiring the following:

1. Each such Participating Party keeps and maintains books, records, and other documents

relating directly to the receipt and disbursement of such grant funds; and,

2. Any duly authorized representative of the Mississippi Development Authority, the U.S. Department of Housing and Urban Development, and the Comptroller General of the United States shall, at all reasonable times, have access to and the right to inspect, copy, audit, and examine all such books, records, and other documents of such Participating Party until the completion of all close-out procedures respecting this grant and the final settlement and conclusion of all issues arising out of this grant.

The Grantee shall include in all contracts with Participating Parties a provision that each Participating Party agrees that any duly authorized representative of the Mississippi Development Authority, the U.S. Department of Housing and Urban Development, and the Comptroller General of the United States shall, at all reasonable times, have access to any portion of the Project in which such Participating Party is involved until the completion of all close-out procedures respecting this grant.

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34. EXCESSIVE FORCE The contracted parties will adopt and enforce a policy of prohibiting the use of excessive force by law

enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction.

35. ARCHITECTURAL BARRIERS ACT AND AMERICANS WITH DISABILITIES

The contracted parties will comply with the Architectural Barriers Act and the Americans with Disabilities as described in 24 CFR Sec 487 (e).

36. ENVIRONMENTAL The applicant will:

(1) Comply with Section 104(f) of the Housing and Community Development Act of 1974, as amended, which requires compliance with the policies of the National Environmental Policy Act of 1969 (NEPA) and other provisions of law which further the purposes of the National Environmental Policy Act. Such other provisions of law which further the purposes of the NEPA are specified in regulations issued pursuant to Section 104(f) of the Housing and Community Development Act of 1974, as amended, and are contained in 24 CFR Part 58; and

(2) Assume all of the responsibilities for environmental review, decision making, and

action as specified and required in regulations issued by the Secretary of Housing and Urban Development pursuant to Section 104(f) of the Housing and Community Development Act of 1974, as amended, and published in 24 CFR Part 58.

Its chief executive officer or other officer of applicant:

(1) Consents to assume the status of a responsible federal official under the National Environmental Policy Act of 1969 (NEPA) and other provisions of federal law, as specified in 24 CFR Part 58; and

(2) Is authorized and consents on behalf of the applicant and himself/herself to accept the jurisdiction of the federal courts for the purpose of enforcement of his/her responsibilities as such an official.

It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historic Data Act of 1966 (16 U.S.C. 469 a-1, et seq) by:

(1) Consulting with the State Historic Preservation Officer to identify properties listed in

or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects of the proposed activities; and

(2) Complying with all requirements established by HUD to avoid or mitigate adverse

effects upon such properties. It will comply with Executive Order Number 12898, issued February 11, 1994, by:

(1) Focusing attention on the environment and health conditions in minority and low-income communities; and

(2) Fostering non-discrimination in federal programs that substantially affect human

health and the environment; and

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(3) Providing minority and low-income communities with access to information on, and

opportunities for public participation in, matters relating to human health and the environment.

37. UNIFORM RELOCATION

It will comply with the Uniform Relocation Assistance and Real Property acquisition policies Act of 1970, as amended, and Federal Implementing regulation at 49 CFR Part 24, and the requirements of Section 570.496a (including the requirement to provide a certification that the recipient is following a residential antidisplacement and relocation assistance plan under Section 104(d)) of the Act.

38. CODE OF STANDARDS OF CONDUCT

It will establish a written Code of Standards of Conduct to prohibit any of its officers, employees, and agents from using his/her position in any manner or matter, which would have the purpose or effect of a conflict of interest, real or apparent. In order to properly implement this provision, it will fully comply with the requirements of 24 CFR, Part 85.36.

39. HATCH ACT

It will comply with the provisions of the Hatch Act 5 U.S.C. 1501 et seq), which limits the political activity of employees.

40. LEAD BASED PAINT

It will comply with Title IV of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831), which prohibits the use of lead-based paint in residential structures constructed or rehabilitated with federal assistance in any form.

41. USE OF INFLUENCE

The chief elected official certifies, to the best of his or her knowledge and belief, that:

(1) No federally appropriated funds have been paid or will be paid, by or on behalf of the chief

elected official, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than federally appropriated funds have been paid or will be paid to any

person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the chief elected official shall complete and submit Standard FormLLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

(3) The subgrantee shall require that the language of this certification be included in the award

documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

42. COST OVERRUNS The subgrantee agrees to and understands that the CDBG award is limited to the amount

under this agreement. Any cost overruns will be the sole responsibility of the subgrantee.

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END OF SECTION

DOCUMENT 00853 SECTION 3 REQUIREMENTS (HUD)

PART 135—ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-INCOME PERSONS

Contents Subpart A—General Provisions

§135.1 Purpose. §135.2 Effective date of regulation. §135.3 Applicability. §135.5 Definitions. §135.7 Delegation of authority. §135.9 Requirements applicable to HUD NOFAs for section 3 covered programs. §135.11 Other laws governing training, employment, and contracting. Subpart B—Economic Opportunities for Section 3 Residents and Section 3 Business Concerns

§135.30 Numerical goals for meeting the greatest extent feasible requirement. §135.32 Responsibilities of the recipient. §135.34 Preference for section 3 residents in training and employment opportunities. §135.36 Preference for section 3 business concerns in contracting opportunities. §135.38 Section 3 clause. §135.40 Providing other economic opportunities. Subpart C [Reserved]

Subpart D—Complaint and Compliance Review

§135.70 General. §135.72 Cooperation in achieving compliance. §135.74 Section 3 compliance review procedures. §135.76 Filing and processing complaints. Subpart E—Reporting and Recordkeeping

§135.90 Reporting. §135.92 Recordkeeping and access to records. Appendix to Part 135

Subpart A—General Provisions

§135.1 Purpose.

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(a) Section 3. The purpose of section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (section 3) is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons.

(b) Part 135. The purpose of this part is to establish the standards and procedures to be followed to ensure that the objectives of section 3 are met.

§135.2 Effective date of regulation.

The regulations of this part will remain in effect until the date the final rule adopting the regulations of this part with or without changes is published and becomes effective, at which point the final rule will remain in effect.

[60 FR 28326, May 31, 1995]

§135.3 Applicability.

(a) Section 3 covered assistance. Section 3 applies to the following HUD assistance (section 3 covered assistance):

(1) Public and Indian housing assistance. Section 3 applies to training, employment, contracting and other economic opportunities arising from the expenditure of the following public and Indian housing assistance:

(i) Development assistance provided pursuant to section 5 of the U.S. Housing Act of 1937 (1937 Act);

(ii) Operating assistance provided pursuant to section 9 of the 1937 Act; and

(iii) Modernization assistance provided pursuant to section 14 of the 1937 Act;

(2) Housing and community development assistance. Section 3 applies to training, employment, contracting and other economic opportunities arising in connection with the expenditure of housing assistance (including section 8 assistance, and including other housing assistance not administered by the Assistant Secretary of Housing) and community development assistance that is used for the following projects;

(i) Housing rehabilitation (including reduction and abatement of lead-based paint hazards, but excluding routine maintenance, repair and replacement);

(ii) Housing construction; and

(iii) Other public construction.

(3) Thresholds—(i) No thresholds for section 3 covered public and Indian housing assistance. The requirements of this part apply to section 3 covered assistance provided to

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recipients, notwithstanding the amount of the assistance provided to the recipient. The requirements of this part apply to all contractors and subcontractors performing work in connection with projects and activities funded by public and Indian housing assistance covered by section 3, regardless of the amount of the contract or subcontract.

(ii) Thresholds for section 3 covered housing and community development assistance—(A) Recipient thresholds. The requirements of this part apply to recipients of other housing and community development program assistance for a section 3 covered project(s) for which the amount of the assistance exceeds $200,000.

(B) Contractor and subcontractor thresholds. The requirements of this part apply to contractors and subcontractors performing work on section 3 covered project(s) for which the amount of the assistance exceeds $200,000; and the contract or subcontract exceeds $100,000.

(C) Threshold met for recipients, but not contractors or subcontractors. If a recipient receives section 3 covered housing or community development assistance in excess of $200,000, but no contract exceeds $100,000, the section 3 preference requirements only apply to the recipient.

(b) Applicability of section 3 to entire project or activity funded with section 3 assistance. The requirements of this part apply to the entire project or activity that is funded with section 3 covered assistance, regardless of whether the section 3 activity is fully or partially funded with section 3 covered assistance.

(c) Applicability to Indian housing authorities and Indian tribes. Indian housing authorities and tribes that receive HUD assistance described in paragraph (a) of this section shall comply with the procedures and requirements of this part 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 (25 U.S.C. 450e(b)). (See 24 CFR part 905.)

(d) Other HUD assistance and other Federal assistance. Recipients, contractors and subcontractors that receive HUD assistance, not listed in paragraph (a) of this section, or other Federal assistance, are encouraged to provide, to the greatest extent feasible, training, employment, and contracting opportunities generated by the expenditure of this assistance to low- and very low-income persons, and business concerns owned by low- and very low-income persons, or which employ low- and very low-income persons.

§135.5 Definitions.

The terms Department, HUD, Indian housing authority (IHA), Public housing agency (PHA), and Secretary are defined in 24 CFR part 5.

Annual Contributions Contract (ACC) means the contract under the U.S. Housing Act of 1937 (1937 Act) between HUD and the PHA, or between HUD and the IHA, that contains the terms and conditions under which HUD assists the PHA or the IHA in providing decent, safe, and sanitary housing for low income families. The ACC must be in a form prescribed by HUD under which HUD agrees to provide assistance in the development, modernization and/or operation of a low income housing project under the 1937 Act, and the PHA or IHA agrees to develop, modernize and operate the project in compliance with all provisions of the ACC and the 1937 Act, and all HUD regulations and implementing requirements and procedures. (The ACC is not a form of procurement contract.)

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Applicant means any entity which makes an application for section 3 covered assistance, and includes, but is not limited to, any State, unit of local government, public housing agency, Indian housing authority, Indian tribe, or other public body, public or private nonprofit organization, private agency or institution, mortgagor, developer, limited dividend sponsor, builder, property manager, community housing development organization (CHDO), resident management corporation, resident council, or cooperative association.

Assistant Secretary means the Assistant Secretary for Fair Housing and Equal Opportunity.

Business concern means a business entity formed in accordance with State law, and which is licensed under State, county or municipal law to engage in the type of business activity for which it was formed.

Business concern that provides economic opportunities for low- and very low-income persons. See definition of “section 3 business concern” in this section.

Contract. See the definition of “section 3 covered contract” in this section.

Contractor means any entity which contracts to perform work generated by the expenditure of section 3 covered assistance, or for work in connection with a section 3 covered project.

Employment opportunities generated by section 3 covered assistance means all employment opportunities generated by the expenditure of section 3 covered public and Indian housing assistance (i.e., operating assistance, development assistance and modernization assistance, as described in §135.3(a)(1)). With respect to section 3 covered housing and community development assistance, this term means all employment opportunities arising in connection with section 3 covered projects (as described in §135.3(a)(2)), including management and administrative jobs connected with the section 3 covered project. Management and administrative jobs include architectural, engineering or related professional services required to prepare plans, drawings, specifications, or work write-ups; and jobs directly related to administrative support of these activities, e.g., construction manager, relocation specialist, payroll clerk, etc.

Housing authority (HA) means, collectively, public housing agency and Indian housing authority.

Housing and community development assistance means any financial assistance provided or otherwise made available through a HUD housing or community development program through any grant, loan, loan guarantee, cooperative agreement, or contract, and includes community development funds in the form of community development block grants, and loans guaranteed under section 108 of the Housing and Community Development Act of 1974, as amended. Housing and community development assistance does not include financial assistance provided through a contract of insurance or guaranty.

Housing development means low-income housing owned, developed, or operated by public housing agencies or Indian housing authorities in accordance with HUD's public and Indian housing program regulations codified in 24 CFR Chapter IX.

HUD Youthbuild programs mean programs that receive assistance under subtitle D of Title IV of the National Affordable Housing Act, as amended by the Housing and Community Development Act of 1992 (42 U.S.C. 12899), and provide disadvantaged youth with opportunities for employment, education, leadership development, and training in the construction or

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rehabilitation of housing for homeless individuals and members of low- and very low-income families.

Indian tribes shall have the meaning given this term in 24 CFR part 571.

JTPA means the Job Training Partnership Act (29 U.S.C. 1579(a)).

Low-income person. See the definition of “section 3 resident” in this section.

Metropolitan area means a metropolitan statistical area (MSA), as established by the Office of Management and Budget.

Neighborhood area means:

(1) For HUD housing programs, a geographical location within the jurisdiction of a unit of general local government (but not the entire jurisdiction) designated in ordinances, or other local documents as a neighborhood, village, or similar geographical designation.

(2) For HUD community development programs, see the definition, if provided, in the regulations for the applicable community development program, or the definition for this term in 24 CFR 570.204(c)(1).

New hires mean full-time employees for permanent, temporary or seasonal employment opportunities.

Nonmetropolitan county means any county outside of a metropolitan area.

Other HUD programs means HUD programs, other than HUD public and Indian housing programs, that provide housing and community development assistance for “section 3 covered projects,” as defined in this section.

Public housing resident has the meaning given this term in 24 CFR part 963.

Recipient means any entity which receives section 3 covered assistance, directly from HUD or from another recipient and includes, but is not limited to, any State, unit of local government, PHA, IHA, Indian tribe, or other public body, public or private nonprofit organization, private agency or institution, mortgagor, developer, limited dividend sponsor, builder, property manager, community housing development organization, resident management corporation, resident council, or cooperative association. Recipient also includes any successor, assignee or transferee of any such entity, but does not include any ultimate beneficiary under the HUD program to which section 3 applies and does not include contractors.

Section 3 means section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u).

Section 3 business concern means a business concern, as defined in this section—

(1) That is 51 percent or more owned by section 3 residents; or

(2) Whose permanent, full-time employees include persons, at least 30 percent of whom are currently section 3 residents, or within three years of the date of first employment with the business concern were section 3 residents; or

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(3) That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications set forth in paragraphs (1) or (2) in this definition of “section 3 business concern.”

Section 3 clause means the contract provisions set forth in §135.38.

Section 3 covered activity means any activity which is funded by section 3 covered assistance public and Indian housing assistance.

Section 3 covered assistance means: (1) Public and Indian housing development assistance provided pursuant to section 5 of the 1937 Act;

(2) Public and Indian housing operating assistance provided pursuant to section 9 of the 1937 Act;

(3) Public and Indian housing modernization assistance provided pursuant to section 14 of the 1937 Act;

(4) Assistance provided under any HUD housing or community development program that is expended for work arising in connection with:

(i) Housing rehabilitation (including reduction and abatement of lead-based paint hazards, but excluding routine maintenance, repair and replacement);

(ii) Housing construction; or

(iii) Other public construction project (which includes other buildings or improvements, regardless of ownership).

Section 3 covered contract means a contract or subcontract (including a professional service contract) awarded by a recipient or contractor for work generated by the expenditure of section 3 covered assistance, or for work arising in connection with a section 3 covered project. “Section 3 covered contracts” do not include contracts awarded under HUD's procurement program, which are governed by the Federal Acquisition Regulation System (see 48 CFR, Chapter 1). “Section 3 covered contracts” also do not include contracts for the purchase of supplies and materials. However, whenever a contract for materials includes the installation of the materials, the contract constitutes a section 3 covered contract. For example, a contract for the purchase and installation of a furnace would be a section 3 covered contract because the contract is for work (i.e., the installation of the furnace) and thus is covered by section 3.

Section 3 covered project means the construction, reconstruction, conversion or rehabilitation of housing (including reduction and abatement of lead-based paint hazards), other public construction which includes buildings or improvements (regardless of ownership) assisted with housing or community development assistance.

Section 3 joint venture. See §135.40. Section 3 resident means: (1) A public housing resident; or

(2) An individual who resides in the metropolitan area or nonmetropolitan county in which the section 3 covered assistance is expended, and who is:

(i) A low-income person, as this term is defined in section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single

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persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families; or

(ii) A very low-income person, as this term is defined in section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum 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.

(3) A person seeking the training and employment preference provided by section 3 bears the responsibility of providing evidence (if requested) that the person is eligible for the preference.

Section 8 assistance means assistance provided under section 8 of the 1937 Act (42 U.S.C. 1437f) pursuant to 24 CFR part 882, subpart G.

Service area means the geographical area in which the persons benefitting from the section 3 covered project reside. The service area shall not extend beyond the unit of general local government in which the section 3 covered assistance is expended. In HUD's Indian housing programs, the service area, for IHAs established by an Indian tribe as a result of the exercise of the tribe's sovereign power, is limited to the area of tribal jurisdiction.

Subcontractor means any entity (other than a person who is an employee of the contractor) which has a contract with a contractor to undertake a portion of the contractor's obligation for the performance of work generated by the expenditure of section 3 covered assistance, or arising in connection with a section 3 covered project.

Very low-income person. See the definition of “section 3 resident” in this section.

Youthbuild programs. See the definition of “HUD Youthbuild programs” in this section.

[59 FR 33880, June 30, 1994, as amended at 61 FR 5206, Feb. 9, 1996]

§135.7 Delegation of authority.

Except as may be otherwise provided in this part, the functions and responsibilities of the Secretary under section 3, and described in this part, are delegated to the Assistant Secretary for Fair Housing and Equal Opportunity. The Assistant Secretary is further authorized to redelegate functions and responsibilities to other employees of HUD; provided however,that the authority to issue rules and regulations under this part, which authority is delegated to the Assistant Secretary, may not be redelegated by the Assistant Secretary.

§135.9 Requirements applicable to HUD NOFAs for section 3 covered programs.

(a) Certification of compliance with part 135. All notices of funding availability (NOFAs) issued by HUD that announce the availability of funding covered by section 3 shall include a provision in the NOFA that notifies applicants that section 3 and the regulations in part 135 are applicable to funding awards made under the NOFA. Additionally the NOFA shall require as an application submission requirement (which may be specified in the NOFA or application kit) a

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certification by the applicant that the applicant will comply with the regulations in part 135. (For PHAs, this requirement will be met where a PHA Resolution in Support of the Application is submitted.) With respect to application evaluation, HUD will accept an applicant's certification unless there is evidence substantially challenging the certification.

(b) Statement of purpose in NOFAs. (1) For competitively awarded assistance in which the grants are for activities administered by an HA, and those activities are anticipated to generate significant training, employment or contracting opportunities, the NOFA must include a statement that one of the purposes of the assistance is to give to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, job training, employment, contracting and other economic opportunities to section 3 residents and section 3 business concerns.

(2) For competitively awarded assistance involving housing rehabilitation, construction or other public construction, where the amount awarded to the applicant may exceed $200,000, the NOFA must include a statement that one of the purposes of the assistance is to give, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, job training, employment, contracting and other economic opportunities to section 3 residents and section 3 business concerns.

(c) Section 3 as NOFA evaluation criteria. Where not otherwise precluded by statute, in the evaluation of applications for the award of assistance, consideration shall be given to the extent to which an applicant has demonstrated that it will train and employ section 3 residents and contract with section 3 business concerns for economic opportunities generated in connection with the assisted project or activity. The evaluation criteria to be utilized, and the rating points to be assigned, will be specified in the NOFA.

§135.11 Other laws governing training, employment, and contracting.

Other laws and requirements that are applicable or may be applicable to the economic opportunities generated from the expenditure of section 3 covered assistance include, but are not necessarily limited to those listed in this section.

(a) Procurement standards for States and local governments (24 CFR 85.36)—(1) General. Nothing in this part 135 prescribes specific methods of procurement. However, neither section 3 nor the requirements of this part 135 supersede the general requirement of 24 CFR 85.36(c) that all procurement transactions be conducted in a competitive manner. Consistent with 24 CFR 85.36(c)(2), section 3 is a Federal statute that expressly encourages, to the maximum extent feasible, a geographic preference in the evaluation of bids or proposals.

(2) Flexible Subsidy Program. Multifamily project mortgagors in the Flexible Subsidy Program are not required to utilize the methods of procurement in 24 CFR 85.36(d), and are not permitted to utilize methods of procurement that would result in their award of a contract to a business concern that submits a bid higher than the lowest responsive bid. A multifamily project mortgagor, however, must ensure that, to the greatest extent feasible, the procurement practices it selects provide preference to section 3 business concerns.

(b) Procurement standards for other recipients (OMB Circular No. A-110). Nothing in this part prescribes specific methods of procurement for grants and other agreements with institutions of higher education, hospitals, and other nonprofit organizations. Consistent with the requirements set forth in OMB Circular No. A-110, section 3 is a Federal statute that expressly encourages a geographic preference in the evaluation of bids or proposals.

(c) Federal labor standards provisions. Certain construction contracts are subject to compliance with the requirement to pay prevailing wages determined under Davis-Bacon Act (40

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U.S.C. 276a—276a-7) and implementing U.S. Department of Labor regulations in 29 CFR part 5. Additionally, certain HUD-assisted rehabilitation and maintenance activities on public and Indian housing developments are subject to compliance with the requirement to pay prevailing wage rates, as determined or adopted by HUD, to laborers and mechanics employed in this work. Apprentices and trainees may be utilized on this work only to the extent permitted under either Department of Labor regulations at 29 CFR part 5 or for work subject to HUD-determined prevailing wage rates, HUD policies and guidelines. These requirements include adherence to the wage rates and ratios of apprentices or trainees to journeymen set out in “approved apprenticeship and training programs,” as described in paragraph (d) of this section.

(d) Approved apprenticeship and trainee programs. Certain apprenticeship and trainee programs have been approved by various Federal agencies. Approved apprenticeship and trainee programs include: an apprenticeship program approved by the Bureau of Apprenticeship and Training of the Department of Labor, or a State Apprenticeship Agency, or an on-the-job training program approved by the Bureau of Apprenticeship and Training, in accordance with the regulations at 29 CFR part 5; or a training program approved by HUD in accordance with HUD policies and guidelines, as applicable. Participation in an approved apprenticeship program does not, in and of itself, demonstrate compliance with the regulations of this part.

(e) Compliance with Executive Order 11246. Certain contractors covered by this part are subject to compliance with Executive Order 11246, as amended by Executive Order 12086, and the Department of Labor regulations issued pursuant thereto (41 CFR chapter 60) which provide that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of Federal or Federally assisted construction contracts.

Subpart B—Economic Opportunities for Section 3 Residents and Section 3 Business Concerns

§135.30 Numerical goals for meeting the greatest extent feasible requirement.

(a) General. (1) Recipients and covered contractors may demonstrate compliance with the “greatest extent feasible” requirement of section 3 by meeting the numerical goals set forth in this section for providing training, employment, and contracting opportunities to section 3 residents and section 3 business concerns.

(2) The goals established in this section apply to the entire amount of section 3 covered assistance awarded to a recipient in any Federal Fiscal Year (FY), commencing with the first FY following the effective date of this rule.

(3) For recipients that do not engage in training, or hiring, but award contracts to contractors that will engage in training, hiring, and subcontracting, recipients must ensure that, to the greatest extent feasible, contractors will provide training, employment, and contracting opportunities to section 3 residents and section 3 business concerns.

(4) The numerical goals established in this section represent minimum numerical targets.

(b) Training and employment. The numerical goals set forth in paragraph (b) of this section apply to new hires. The numerical goals reflect the aggregate hires. Efforts to employ section 3 residents, to the greatest extent feasible, should be made at all job levels.

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(1) Numerical goals for section 3 covered public and Indian housing programs. Recipients of section 3 covered public and Indian housing assistance (as described in §135.5) and their contractors and subcontractors may demonstrate compliance with this part by committing to employ section 3 residents as:

(i) 10 percent of the aggregate number of new hires for the one year period beginning in FY 1995;

(ii) 20 percent of the aggregate number of new hires for the one period beginning in FY 1996;

(iii) 30 percent of the aggregate number of new hires for one year period beginning in FY 1997 and continuing thereafter.

(2) Numerical goals for other HUD programs covered by section 3. (i) Recipients of section 3 covered housing assistance provided under other HUD programs, and their contractors and subcontractors (unless the contract or subcontract awards do not meet the threshold specified in §135.3(a)(3)) may demonstrate compliance with this part by committing to employ section 3 residents as 10 percent of the aggregate number of new hires for each year over the duration of the section 3 project;

(ii) Where a managing general partner or management agent is affiliated, in a given metropolitan area, with recipients of section 3 covered housing assistance, for an aggregate of 500 or more units in any fiscal year, the managing partner or management agent may demonstrate compliance with this part by committing to employ section 3 residents as:

(A) 10 percent of the aggregate number of new hires for the one year period beginning in FY 1995;

(B) 20 percent of the aggregate number of new hires for the one year period beginning in FY 1996;

(C) 30 percent of the aggregate number of new hires for the one year period beginning in FY 1997, and continuing thereafter.

(3) Recipients of section 3 covered community development assistance, and their contractors and subcontractors (unless the contract or subcontract awards do not meet the threshold specified in §135.3(a)(3)) may demonstrate compliance with the requirements of this part by committing to employ section 3 residents as:

(i) 10 percent of the aggregate number of new hires for the one year period beginning in FY 1995;

(ii) 20 percent of the aggregate number of new hires for the one year period beginning in FY 1996; and

(iii) 30 percent of the aggregate number of new hires for the one year period beginning in FY 1997 and continuing thereafter.

(c) Contracts. Numerical goals set forth in paragraph (c) of this section apply to contracts awarded in connection with all section 3 covered projects and section 3 covered activities. Each recipient and contractor and subcontractor (unless the contract or subcontract awards do not

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meet the threshold specified in §135.3(a)(3)) may demonstrate compliance with the requirements of this part by committing to award to section 3 business concerns:

(1) At least 10 percent of the total dollar amount of all section 3 covered contracts for building trades work for maintenance, repair, modernization or development of public or Indian housing, or for building trades work arising in connection with housing rehabilitation, housing construction and other public construction; and

(2) At least three (3) percent of the total dollar amount of all other section 3 covered contracts.

(d) Safe harbor and compliance determinations. (1) In the absence of evidence to the contrary, a recipient that meets the minimum numerical goals set forth in this section will be considered to have complied with the section 3 preference requirements.

(2) In evaluating compliance under subpart D of this part, a recipient that has not met the numerical goals set forth in this section has the burden of demonstrating why it was not feasible to meet the numerical goals set forth in this section. Such justification may include impediments encountered despite actions taken. A recipient or contractor also can indicate other economic opportunities, such as those listed in §135.40, which were provided in its efforts to comply with section 3 and the requirements of this part.

§135.32 Responsibilities of the recipient.

Each recipient has the responsibility to comply with section 3 in its own operations, and ensure compliance in the operations of its contractors and subcontractors. This responsibility includes but may not be necessarily limited to:

(a) Implementing procedures designed to notify section 3 residents about training and employment opportunities generated by section 3 covered assistance and section 3 business concerns about contracting opportunities generated by section 3 covered assistance;

(b) Notifying potential contractors for section 3 covered projects of the requirements of this part, and incorporating the section 3 clause set forth in §135.38 in all solicitations and contracts.

(c) Facilitating the training and employment of section 3 residents and the award of contracts to section 3 business concerns by undertaking activities such as described in the Appendix to this part, as appropriate, to reach the goals set forth in §135.30. Recipients, at their own discretion, may establish reasonable numerical goals for the training and employment of section 3 residents and contract award to section 3 business concerns that exceed those specified in §135.30;

(d) Assisting and actively cooperating with the Assistant Secretary in obtaining the compliance of contractors and subcontractors with the requirements of this part, and refraining from entering into any contract with any contractor where the recipient has notice or knowledge that the contractor has been found in violation of the regulations in 24 CFR part 135.

(e) Documenting actions taken to comply with the requirements of this part, the results of actions taken and impediments, if any.

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(f) A State or county which distributes funds for section 3 covered assistance to units of local governments, to the greatest extent feasible, must attempt to reach the numerical goals set forth in 135.30 regardless of the number of local governments receiving funds from the section 3 covered assistance which meet the thresholds for applicability set forth at 135.3. The State or county must inform units of local government to whom funds are distributed of the requirements of this part; assist local governments and their contractors in meeting the requirements and objectives of this part; and monitor the performance of local governments with respect to the objectives and requirements of this part.

§135.34 Preference for section 3 residents in training and employment opportunities.

(a) Order of providing preference. Recipients, contractors and subcontractors shall direct their efforts to provide, to the greatest extent feasible, training and employment opportunities generated from the expenditure of section 3 covered assistance to section 3 residents in the order of priority provided in paragraph (a) of this section.

(1) Public and Indian housing programs. In public and Indian housing programs, efforts shall be directed to provide training and employment opportunities to section 3 residents in the following order of priority:

(i) Residents of the housing development or developments for which the section 3 covered assistance is expended (category 1 residents);

(ii) Residents of other housing developments managed by the HA that is expending the section 3 covered housing assistance (category 2 residents);

(iii) Participants in HUD Youthbuild programs being carried out in the metropolitan area (or nonmetropolitan county) in which the section 3 covered assistance is expended (category 3 residents);

(iv) Other section 3 residents.

(2) Housing and community development programs. In housing and community development programs, priority consideration shall be given, where feasible, to:

(i) Section 3 residents residing in the service area or neighborhood in which the section 3 covered project is located (collectively, referred to as category 1 residents); and

(ii) Participants in HUD Youthbuild programs (category 2 residents).

(iii) Where the section 3 project is assisted under the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.), homeless persons residing in the service area or neighborhood in which the section 3 covered project is located shall be given the highest priority;

(iv) Other section 3 residents.

(3) Recipients of housing assistance programs administered by the Assistant Secretary for Housing may, at their own discretion, provide preference to residents of the housing development receiving the section 3 covered assistance within the service area or neighborhood where the section 3 covered project is located.

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(4) Recipients of community development programs may, at their own discretion, provide priority to recipients of government assistance for housing, including recipients of certificates or vouchers under the Section 8 housing assistance program, within the service area or neighborhood where the section 3 covered project is located.

(b) Eligibility for preference. A section 3 resident seeking the preference in training and employment provided by this part shall certify, or submit evidence to the recipient contractor or subcontractor, if requested, that the person is a section 3 resident, as defined in §135.5. (An example of evidence of eligibility for the preference is evidence of receipt of public assistance, or evidence of participation in a public assistance program.)

(c) Eligibility for employment. Nothing in this part shall be construed to require the employment of a section 3 resident who does not meet the qualifications of the position to be filled.

§135.36 Preference for section 3 business concerns in contracting opportunities.

(a) Order of providing preference. Recipients, contractors and subcontractors shall direct their efforts to award section 3 covered contracts, to the greatest extent feasible, to section 3 business concerns in the order of priority provided in paragraph (a) of this section.

(1) Public and Indian housing programs. In public and Indian housing programs, efforts shall be directed to award contracts to section 3 business concerns in the following order of priority:

(i) Business concerns that are 51 percent or more owned by residents of the housing development or developments for which the section 3 covered assistance is expended, or whose full-time, permanent workforce includes 30 percent of these persons as employees (category 1 businesses);

(ii) Business concerns that are 51 percent or more owned by residents of other housing developments or developments managed by the HA that is expending the section 3 covered assistance, or whose full-time, permanent workforce includes 30 percent of these persons as employees (category 2 businesses); or

(iii) HUD Youthbuild programs being carried out in the metropolitan area (or nonmetropolitan county) in which the section 3 covered assistance is expended (category 3 businesses).

(iv) Business concerns that are 51 percent or more owned by section 3 residents, or whose permanent, full-time workforce includes no less than 30 percent section 3 residents (category 4 businesses), or that subcontract in excess of 25 percent of the total amount of subcontracts to business concerns identified in paragraphs (a)(1)(i) and (a)(1)(ii) of this section.

(2) Housing and community development programs. In housing and community development programs, priority consideration shall be given, where feasible, to:

(i) Section 3 business concerns that provide economic opportunities for section 3 residents in the service area or neighborhood in which the section 3 covered project is located (category 1 businesses); and

(ii) Applicants (as this term is defined in 42 U.S.C. 12899) selected to carry out HUD Youthbuild programs (category 2 businesses);

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(iii) Other section 3 business concerns.

(b) Eligibility for preference. A business concern seeking to qualify for a section 3 contracting preference shall certify or submit evidence, if requested, that the business concern is a section 3 business concern as defined in §135.5.

(c) Ability to complete contract. A section 3 business concern seeking a contract or a subcontract shall submit evidence to the recipient, contractor, or subcontractor (as applicable), if requested, sufficient to demonstrate to the satisfaction of the party awarding the contract that the business concern is responsible and has the ability to perform successfully under the terms and conditions of the proposed contract. (The ability to perform successfully under the terms and conditions of the proposed contract is required of all contractors and subcontractors subject to the procurement standards of 24 CFR 85.36 (see 24 CFR 85.36(b)(8)).) This regulation requires consideration of, among other factors, the potential contractor's record in complying with public policy requirements. Section 3 compliance is a matter properly considered as part of this determination.

§135.38 Section 3 clause.

All section 3 covered contracts shall include the following clause (referred to as the section 3 clause):

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 housing.

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.

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 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 violation of the regulations in 24 CFR part 135.

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E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.

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

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).

§135.40 Providing other economic opportunities.

(a) General. In accordance with the findings of the Congress, as stated in section 3, that other economic opportunities offer an effective means of empowering low-income persons, a recipient is encouraged to undertake efforts to provide to low-income persons economic opportunities other than training, employment, and contract awards, in connection with section 3 covered assistance.

(b) Other training and employment related opportunities. Other economic opportunities to train and employ section 3 residents include, but need not be limited to, use of “upward mobility”, “bridge” and trainee positions to fill vacancies; hiring section 3 residents in management and maintenance positions within other housing developments; and hiring section 3 residents in part-time positions.

(c) Other business related economic opportunities. (l) A recipient or contractor may provide economic opportunities to establish, stabilize or expand section 3 business concerns, including micro-enterprises. Such opportunities include, but are not limited to the formation of section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, purchase of supplies and materials from housing authority resident-owned businesses, purchase of materials and supplies from PHA resident-owned businesses and use of procedures under 24 CFR part 963 regarding HA contracts to HA resident-owned businesses. A recipient or contractor may employ these methods directly or may provide incentives to non-section 3 businesses to utilize such methods to provide other economic opportunities to low-income persons.

(2) A section 3 joint venture means an association of business concerns, one of which qualifies as a section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources, and skills for joint profit, but not necessarily on a continuing or permanent basis for conducting business generally, and for which the section 3 business concern:

(i) Is responsible for a clearly defined portion of the work to be performed and holds management responsibilities in the joint venture; and

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(ii) Performs at least 25 percent of the work and is contractually entitled to compensation proportionate to its work.

Subpart C [Reserved]

Subpart D—Complaint and Compliance Review

§135.70 General.

(a) Purpose. The purpose of this subpart is to establish the procedures for handling complaints alleging noncompliance with the regulations of this part, and the procedures governing the Assistant Secretary's review of a recipient's or contractor's compliance with the regulations in this part.

(b) Definitions. For purposes of this subpart:

(1) Complaint means an allegation of noncompliance with regulations of this part made in the form described in §135.76(d).

(2) Complainant means the party which files a complaint with the Assistant Secretary alleging that a recipient or contractor has failed or refused to comply with the regulations in this part.

(3) Noncompliance with section 3 means failure by a recipient or contractor to comply with the requirements of this part.

(4) Respondent means the recipient or contractor against which a complaint of noncompliance has been filed. The term “recipient” shall have the meaning set forth in §135.7, which includes PHA and IHA.

§135.72 Cooperation in achieving compliance.

(a) The Assistant Secretary recognizes that the success of ensuring that section 3 residents and section 3 business concerns have the opportunity to apply for jobs and to bid for contracts generated by covered HUD financial assistance depends upon the cooperation and assistance of HUD recipients and their contractors and subcontractors. All recipients shall cooperate fully and promptly with the Assistant Secretary in section 3 compliance reviews, in investigations of allegations of noncompliance made under §135.76, and with the distribution and collection of data and information that the Assistant Secretary may require in connection with achieving the economic objectives of section 3.

(b) The recipient shall refrain from entering into a contract with any contractor after notification to the recipient by HUD that the contractor has been found in violation of the regulations in this part. The provisions of 2 CFR part 2424 apply to the employment, engagement of services, awarding of contracts, or funding of any contractors or subcontractors during any period of debarment, suspension, or otherwise ineligible status.

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[59 FR 33880, June 30, 1994, as amended at 72 FR 73493, Dec. 27, 2007]

§135.74 Section 3 compliance review procedures.

(a) Compliance reviews by Assistant Secretary. The Assistant Secretary shall periodically conduct section 3 compliance reviews of selected recipients and contractors to determine whether these recipients are in compliance with the regulations in this part.

(b) Form of compliance review. A section 3 compliance review shall consist of a comprehensive analysis and evaluation of the recipient's or contractor's compliance with the requirements and obligations imposed by the regulations of this part, including an analysis of the extent to which section 3 residents have been hired and section 3 business concerns have been awarded contracts as a result of the methods undertaken by the recipient to achieve the employment, contracting and other economic objectives of section 3.

(c) Where compliance review reveals noncompliance with section 3 by recipient or contractor. Where the section 3 compliance review reveals that a recipient or contractor has not complied with section 3, the Assistant Secretary shall notify the recipient or contractor of its specific deficiencies in compliance with the regulations of this part, and shall advise the recipient or contractor of the means by which these deficiencies may be corrected. HUD shall conduct a follow-up review with the recipient or contractor to ensure that action is being taken to correct the deficiencies.

(d) Continuing noncompliance by recipient or contractor. A continuing failure or refusal by the recipient or contractor to comply with the regulations in this part may result in the application of sanctions specified in the contract through which HUD assistance is provided, or the application of sanctions specified in the regulations governing the HUD program under which HUD financial assistance is provided. HUD will notify the recipient of any continuing failure or refusal by the contractor to comply with the regulations in this part for possible action under any procurement contract between the recipient and the contractor. Where appropriate, debarment, suspension, and limited denial of participation may be applied to the recipient or the contractor, pursuant to HUD's regulations at 2 CFR part 2424.

(e) Conducting compliance review before the award of assistance. Section 3 compliance reviews may be conducted before the award of contracts, and especially where the Assistant Secretary has reasonable grounds to believe that the recipient or contractor will be unable or unwilling to comply with the regulations in this part.

(f) Consideration of complaints during compliance review. Complaints alleging noncompliance with section 3, as provided in §135.76, may also be considered during any compliance review conducted to determine the recipient's conformance with regulations in this part.

[59 FR 33880, June 30, 1994, as amended at 72 FR 73493, Dec. 27, 2007]

§135.76 Filing and processing complaints.

(a) Who may file a complaint. The following individuals and business concerns may, personally or through an authorized representative, file with the Assistant Secretary a complaint alleging noncompliance with section 3:

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(1) Any section 3 resident on behalf of himself or herself, or as a representative of persons similarly situated, seeking employment, training or other economic opportunities generated from the expenditure of section 3 covered assistance with a recipient or contractor, or by a representative who is not a section 3 resident but who represents one or more section 3 residents;

(2) Any section 3 business concern on behalf of itself, or as a representative of other section 3 business concerns similarly situated, seeking contract opportunities generated from the expenditure of section 3 covered assistance from a recipient or contractor, or by an individual representative of section 3 business concerns.

(b) Where to file a complaint. A complaint must be filed with the Assistant Secretary for Fair Housing and Equal Opportunity, Department of Housing and Urban Development, Washington, DC, 20410.

(c) Time of filing. (1) A complaint must be received not later than 180 days from the date of the action or omission upon which the complaint is based, unless the time for filing is extended by the Assistant Secretary for good cause shown.

(2) Where a complaint alleges noncompliance with section 3 and the regulations of this part that is continuing, as manifested in a number of incidents of noncompliance, the complaint will be timely if filed within 180 days of the last alleged occurrence of noncompliance.

(3) Where a complaint contains incomplete information, the Assistant Secretary shall request the needed information from the complainant. In the event this information is not furnished to the Assistant Secretary within sixty (60) days of the date of the request, the complaint may be closed.

(d) Contents of complaint—(1) Written complaints. Each complaint must be in writing, signed by the complainant, and include:

(i) The complainant's name and address;

(ii) The name and address of the respondent;

(iii) A description of the acts or omissions by the respondent that is sufficient to inform the Assistant Secretary of the nature and date of the alleged noncompliance.

(iv) A complainant may provide information to be contained in a complaint by telephone to HUD or any HUD Field Office, and HUD will reduce the information provided by telephone to writing on the prescribed complaint form and send the form to the complainant for signature.

(2) Amendment of complaint. Complaints may be reasonably and fairly amended at any time. Such amendments may include, but are not limited to, amendments to cure, technical defects or omissions, including failure to sign or affirm a complaint, to clarify or amplify the allegations in a complaint, or to join additional or substitute respondents. Except for the purposes of notifying respondents, amended complaints will be considered as having been made as of the original filing date.

(e) Resolution of complaint by recipient. (1) Within ten (10) days of timely filing of a complaint that contains complete information (in accordance with paragraphs (c) and (d) of this section), the Assistant Secretary shall determine whether the complainant alleges an action or omission by a recipient or the recipient's contractor that if proven qualifies as noncompliance with

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section 3. If a determination is made that there is an allegation of noncompliance with section 3, the complaint shall be sent to the recipient for resolution.

(2) If the recipient believes that the complaint lacks merit, the recipient must notify the Assistant Secretary in writing of this recommendation with supporting reasons, within 30 days of the date of receipt of the complaint. The determination that a complaint lacks merit is reserved to the Assistant Secretary.

(3) If the recipient determines that there is merit to the complaint, the recipient will have sixty (60) days from the date of receipt of the complaint to resolve the matter with the complainant. At the expiration of the 60-day period, the recipient must notify the Assistant Secretary in writing whether a resolution of the complaint has been reached. If resolution has been reached, the notification must be signed by both the recipient and the complainant, and must summarize the terms of the resolution reached between the two parties.

(4) Any request for an extension of the 60-day period by the recipient must be submitted in writing to the Assistant Secretary, and must include a statement explaining the need for the extension.

(5) If the recipient is unable to resolve the complaint within the 60-day period (or more if extended by the Assistant Secretary), the complaint shall be referred to the Assistant Secretary for handling.

(f) Informal resolution of complaint by Assistant Secretary—(1) Dismissal of complaint. Upon receipt of the recipient's written recommendation that there is no merit to the complaint, or upon failure of the recipient and complainant to reach resolution, the Assistant Secretary shall review the complaint to determine whether it presents a valid allegation of noncompliance with section 3. The Assistant Secretary may conduct further investigation if deemed necessary. Where the complaint fails to present a valid allegation of noncompliance with section 3, the Assistant Secretary will dismiss the complaint without further action. The Assistant Secretary shall notify the complainant of the dismissal of the complaint and the reasons for the dismissal.

(2) Informal resolution. Where the allegations in a complaint on their face, or as amplified by the statements of the complainant, present a valid allegation of noncompliance with section 3, the Assistant Secretary will attempt, through informal methods, to obtain a voluntary and just resolution of the complaint. Where attempts to resolve the complaint informally fail, the Assistant Secretary will impose a resolution on the recipient and complainant. Any resolution imposed by the Assistant Secretary will be in accordance with requirements and procedures concerning the imposition of sanctions or resolutions as set forth in the regulations governing the HUD program under which the section 3 covered assistance was provided.

(3) Effective date of informal resolution. The imposed resolution will become effective and binding at the expiration of 15 days following notification to recipient and complainant by certified mail of the imposed resolution, unless either party appeals the resolution before the expiration of the 15 days. Any appeal shall be in writing to the Secretary and shall include the basis for the appeal.

(g) Sanctions. Sanctions that may be imposed on recipients that fail to comply with the regulations of this part include debarment, suspension and limited denial of participation in HUD programs.

(h) Investigation of complaint. The Assistant Secretary reserves the right to investigate a complaint directly when, in the Assistant Secretary's discretion, the investigation would further the purposes of section 3 and this part.

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(i) Intimidatory or retaliatory acts prohibited. No recipient or other person shall intimidate, threaten, coerce, or discriminate against any person or business because the person or business has made a complaint, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under this part. The identity of complainants shall be kept confidential except to the extent necessary to carry out the purposes of this part, including the conduct of any investigation, hearing or judicial proceeding arising thereunder.

(j) Judicial relief. Nothing in this subpart D precludes a section 3 resident or section 3 business concerning from exercising the right, which may otherwise be available, to seek redress directly through judicial procedures.

(Approved by the Office of Management and Budget under control number 2529-0043)

Subpart E—Reporting and Recordkeeping

§135.90 Reporting.

Each recipient which receives directly from HUD financial assistance that is subject to the requirements of this part shall submit to the Assistant Secretary an annual report in such form and with such information as the Assistant Secretary may request, for the purpose of determining the effectiveness of section 3. Where the program providing the section 3 covered assistance requires submission of an annual performance report, the section 3 report will be submitted with that annual performance report. If the program providing the section 3 covered assistance does not require an annual performance report, the section 3 report is to be submitted by January 10 of each year or within 10 days of project completion, whichever is earlier. All reports submitted to HUD in accordance with the requirements of this part will be made available to the public.

(Approved by the Office of Management and Budget under control number 2529-0043)

§135.92 Recordkeeping and access to records.

HUD shall have access to all records, reports, and other documents or items of the recipient that are maintained to demonstrate compliance with the requirements of this part, or that are maintained in accordance with the regulations governing the specific HUD program under which section 3 covered assistance is provided or otherwise made available to the recipient or contractor.

Appendix to Part 135

I. Examples of Efforts To Offer Training and Employment Opportunities to Section 3 Residents

(1) Entering into “first source” hiring agreements with organizations representing Section 3 residents.

(2) Sponsoring a HUD-certified “Step-Up” employment and training program for section 3 residents.

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(3) Establishing training programs, which are consistent with the requirements of the Department of Labor, for public and Indian housing residents and other section 3 residents in the building trades.

(4) Advertising the training and employment positions by distributing flyers (which identify the positions to be filled, the qualifications required, and where to obtain additional information about the application process) to every occupied dwelling unit in the housing development or developments where category 1 or category 2 persons (as these terms are defined in §135.34) reside.

(5) Advertising the training and employment positions by posting flyers (which identify the positions to be filled, the qualifications required, and where to obtain additional information about the application process) in the common areas or other prominent areas of the housing development or developments. For HAs, post such advertising in the housing development or developments where category 1 or category 2 persons reside; for all other recipients, post such advertising in the housing development or developments and transitional housing in the neighborhood or service area of the section 3 covered project.

(6) Contacting resident councils, resident management corporations, or other resident organizations, where they exist, in the housing development or developments where category 1 or category 2 persons reside, and community organizations in HUD-assisted neighborhoods, to request the assistance of these organizations in notifying residents of the training and employment positions to be filled.

(7) Sponsoring (scheduling, advertising, financing or providing in-kind services) a job informational meeting to be conducted by an HA or contractor representative or representatives at a location in the housing development or developments where category 1 or category 2 persons reside or in the neighborhood or service area of the section 3 covered project.

(8) Arranging assistance in conducting job interviews and completing job applications for residents of the housing development or developments where category 1 or category 2 persons reside and in the neighborhood or service area in which a section 3 project is located.

(9) Arranging for a location in the housing development or developments where category 1 persons reside, or the neighborhood or service area of the project, where job applications may be delivered to and collected by a recipient or contractor representative or representatives.

(10) Conducting job interviews at the housing development or developments where category 1 or category 2 persons reside, or at a location within the neighborhood or service area of the section 3 covered project.

(11) Contacting agencies administering HUD Youthbuild programs, and requesting their assistance in recruiting HUD Youthbuild program participants for the HA's or contractor's training and employment positions.

(12) Consulting with State and local agencies administering training programs funded through JTPA or JOBS, probation and parole agencies, unemployment compensation programs, community organizations and other officials or organizations to assist with recruiting Section 3 residents for the HA's or contractor's training and employment positions.

(13) Advertising the jobs to be filled through the local media, such as community television networks, newspapers of general circulation, and radio advertising.

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(14) Employing a job coordinator, or contracting with a business concern that is licensed in the field of job placement (preferably one of the section 3 business concerns identified in part 135), that will undertake, on behalf of the HA, other recipient or contractor, the efforts to match eligible and qualified section 3 residents with the training and employment positions that the HA or contractor intends to fill.

(15) For an HA, employing section 3 residents directly on either a permanent or a temporary basis to perform work generated by section 3 assistance. (This type of employment is referred to as “force account labor” in HUD's Indian housing regulations. See 24 CFR 905.102, and §905.201(a)(6).)

(16) Where there are more qualified section 3 residents than there are positions to be filled, maintaining a file of eligible qualified section 3 residents for future employment positions.

(17) Undertaking job counseling, education and related programs in association with local educational institutions.

(18) Undertaking such continued job training efforts as may be necessary to ensure the continued employment of section 3 residents previously hired for employment opportunities.

(19) After selection of bidders but prior to execution of contracts, incorporating into the contract a negotiated provision for a specific number of public housing or other section 3 residents to be trained or employed on the section 3 covered assistance.

(20) Coordinating plans and implementation of economic development (e.g., job training and preparation, business development assistance for residents) with the planning for housing and community development.

II. Examples of Efforts To Award Contracts to Section 3 Business Concerns

(1) Utilizing procurement procedures for section 3 business concerns similar to those provided in 24 CFR part 905 for business concerns owned by Native Americans (see section III of this Appendix).

(2) In determining the responsibility of potential contractors, consider their record of section 3 compliance as evidenced by past actions and their current plans for the pending contract.

(3) Contacting business assistance agencies, minority contractors associations and community organizations to inform them of contracting opportunities and requesting their assistance in identifying section 3 businesses which may solicit bids or proposals for contracts for work in connection with section 3 covered assistance.

(4) Advertising contracting opportunities by posting notices, which provide general information about the work to be contracted and where to obtain additional information, in the common areas or other prominent areas of the housing development or developments owned and managed by the HA.

(5) For HAs, contacting resident councils, resident management corporations, or other resident organizations, where they exist, and requesting their assistance in identifying category 1 and category 2 business concerns.

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(6) Providing written notice to all known section 3 business concerns of the contracting opportunities. This notice should be in sufficient time to allow the section 3 business concerns to respond to the bid invitations or request for proposals.

(7) Following up with section 3 business concerns that have expressed interest in the contracting opportunities by contacting them to provide additional information on the contracting opportunities.

(8) Coordinating pre-bid meetings at which section 3 business concerns could be informed of upcoming contracting and subcontracting opportunities.

(9) Carrying out workshops on contracting procedures and specific contract opportunities in a timely manner so that section 3 business concerns can take advantage of upcoming contracting opportunities, with such information being made available in languages other than English where appropriate.

(10) Advising section 3 business concerns as to where they may seek assistance to overcome limitations such as inability to obtain bonding, lines of credit, financing, or insurance.

(11) Arranging solicitations, times for the presentation of bids, quantities, specifications, and delivery schedules in ways to facilitate the participation of section 3 business concerns.

(12) Where appropriate, breaking out contract work items into economically feasible units to facilitate participation by section 3 business concerns.

(13) Contacting agencies administering HUD Youthbuild programs, and notifying these agencies of the contracting opportunities.

(14) Advertising the contracting opportunities through trade association papers and newsletters, and through the local media, such as community television networks, newspapers of general circulation, and radio advertising.

(15) Developing a list of eligible section 3 business concerns.

(16) For HAs, participating in the “Contracting with Resident-Owned Businesses” program provided under 24 CFR part 963.

(17) Establishing or sponsoring programs designed to assist residents of public or Indian housing in the creation and development of resident-owned businesses.

(18) Establishing numerical goals (number of awards and dollar amount of contracts) for award of contracts to section 3 business concerns.

(19) Supporting businesses which provide economic opportunities to low income persons by linking them to the support services available through the Small Business Administration (SBA), the Department of Commerce and comparable agencies at the State and local levels.

(20) Encouraging financial institutions, in carrying out their responsibilities under the Community Reinvestment Act, to provide no or low interest loans for providing working capital and other financial business needs.

(21) Actively supporting joint ventures with section 3 business concerns.

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(22) Actively supporting the development or maintenance of business incubators which assist Section 3 business concerns.

III. Examples of Procurement Procedures That Provide for Preference for Section 3 Business Concerns

This Section III provides specific procedures that may be followed by recipients and contractors (collectively, referred to as the “contracting party”) for implementing the section 3 contracting preference for each of the competitive procurement methods authorized in 24 CFR 85.36(d).

(1) Small Purchase Procedures. For section 3 covered contracts aggregating no more than $25,000, the methods set forth in this paragraph (1) or the more formal procedures set forth in paragraphs (2) and (3) of this Section III may be utilized.

(i) Solicitation. (A) Quotations may be solicited by telephone, letter or other informal procedure provided that the manner of solicitation provides for participation by a reasonable number of competitive sources. At the time of solicitation, the parties must be informed of:

—the section 3 covered contract to be awarded with sufficient specificity;

—the time within which quotations must be submitted; and

—the information that must be submitted with each quotation.

(B) If the method described in paragraph (i)(A) is utilized, there must be an attempt to obtain quotations from a minimum of three qualified sources in order to promote competition. Fewer than three quotations are acceptable when the contracting party has attempted, but has been unable, to obtain a sufficient number of competitive quotations. In unusual circumstances, the contracting party may accept the sole quotation received in response to a solicitation provided the price is reasonable. In all cases, the contracting party shall document the circumstances when it has been unable to obtain at least three quotations.

(ii) Award. (A) Where the section 3 covered contract is to be awarded based upon the lowest price, the contract shall be awarded to the qualified section 3 business concern with the lowest responsive quotation, if it is reasonable and no more than 10 percent higher than the quotation of the lowest responsive quotation from any qualified source. If no responsive quotation by a qualified section 3 business concern is within 10 percent of the lowest responsive quotation from any qualified source, the award shall be made to the source with the lowest quotation.

(B) Where the section 3 covered contract is to be awarded based on factors other than price, a request for quotations shall be issued by developing the particulars of the solicitation, including a rating system for the assignment of points to evaluate the merits of each quotation. The solicitation shall identify all factors to be considered, including price or cost. The rating system shall provide for a range of 15 to 25 percent of the total number of available rating points to be set aside for the provision of preference for section 3 business concerns. The purchase order shall be awarded to the responsible firm whose quotation is the most advantageous, considering price and all other factors specified in the rating system.

(2) Procurement by sealed bids (Invitations for Bids). Preference in the award of section 3 covered contracts that are awarded under a sealed bid (IFB) process may be provided as follows:

(i) Bids shall be solicited from all businesses (section 3 business concerns, and non-section 3 business concerns). An award shall be made to the qualified section 3 business concern with the highest priority ranking and with the lowest responsive bid if that bid—

(A) is within the maximum total contract price established in the contracting party's budget for the specific project for which bids are being taken, and

(B) is not more than “X” higher than the total bid price of the lowest responsive bid from any responsible bidder. “X” is determined as follows:

(ii) If no responsive bid by a section 3 business concern meets the requirements of paragraph (2)(i) of this section, the contract shall be awarded to a responsible bidder with the lowest responsive bid.

(3) Procurement under the competitive proposals method of procurement (Request for Proposals (RFP)). (i) For contracts and subcontracts awarded under the competitive proposals method of procurement (24 CFR 85.36(d)(3)), a Request for Proposals (RFP) shall identify all evaluation factors (and their relative importance) to be used to rate proposals.

(ii) One of the evaluation factors shall address both the preference for section 3 business concerns and the acceptability of the strategy for meeting the greatest extent feasible requirement (section 3 strategy), as disclosed in proposals submitted by all business concerns (section 3 and non-section 3 business concerns). This factor shall provide for a range of 15 to 25 percent of the total number of available points to be set aside for the evaluation of these two components.

(iii) The component of this evaluation factor designed to address the preference for section 3 business concerns must establish a preference for these business concerns in the order of priority ranking as described in 24 CFR 135.36.

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(iv) With respect to the second component (the acceptability of the section 3 strategy), the RFP shall require the disclosure of the contractor's section 3 strategy to comply with the section 3 training and employment preference, or contracting preference, or both, if applicable. A determination of the contractor's responsibility will include the submission of an acceptable section 3 strategy. The contract award shall be made to the responsible firm (either section 3 or non-section 3 business concern) whose proposal is determined most advantageous, considering price and all other factors specified in the RFP.

END OF SECTION

00900-1

DOCUMENT 00900 ADDENDA 1. INTERPRETATIONS - ADDENDA

A. See Document 00100 - INSTRUCTIONS TO BIDDERS, Page 2, Article 5. Interpretations and Addenda for questions concerning the meaning or intent of the Contract Documents and response of these through the issuing of Addenda.

B. All Addenda are incorporated, by reference, into the Contract. Failure of any Bidder or sub-

bidder to receive any addenda shall not relieve the Bidder of any obligation with respect to his Bid.

C. All Addenda and modifications to the Contract Documents shall be inserted and indexed

numerically in this location behind this page and coordinated as instructed in each Addenda. END OF DOCUMENT

01010-1

SECTION 01010 SUMMARY OF WORK 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.

B. Work on this project is defined in the contract documents to include the improvements as outlined

in the technical specifications and indicated in the drawings. Work shall conform to the requirements of the Community Development Block Grant Program. All bidders shall conform to the CDBG, HUD, Section 3, and all other federal and state requirements stipulated for this CDBG program.

1.2 WORK COVERED BY CONTRACT DOCUMENTS

A. The Project consists of: Improvements to the existing sewer treatment system.

1. Project Location: State Line, Mississippi 2. Owner: Town of State Line

B. Contract Documents, dated December 2013 were prepared for the Project by Fontaine

Engineering, LLC, Quitman, Mississippi.

Work consists of: A New Disinfection System, Chlorine Contact Chamber, Flow Monitoring, Rotating Biological Contactor, and Rehabilitation of the Effluent Pump Station.

C. The Work will be constructed under a single prime contract. 1.3 WORK SEQUENCE

A. Recommended sequence of work shall be scheduled and approved by the Engineer before construction begins.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

END OF SECTION

01020-1

SECTION 01020

WAGE RATES AND LABOR STANDARDS PART 1 GENERAL 1.01 WAGE RATES (SEE ATTACHED)

2.01 ATTACHMENT FOR FEDERAL LABOR STANDARDS PROVISIONS (SEE ATTACHED) 2.02 CERTIFIED PAYROLL FORM (SEE ATTACHED)

END OF SECTION

ATTACHMENT FOR FEDERAL LABOR STANDARDS PROVISIONS

SO-CALLED “ANTI-KICKBACK ACT” AND REGULATIONS PROMULGATED PURSUANT THERETO BY

THE SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR

Title 18, U.S.C., Section 874

(Replace Section 1 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C., Sec. 276b)

Pursuant to the Act of June 25, 1948, 62 Stat. 862)

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KICKBACKS FROM PUBLIC WORKS EMPLOYEES

Whoever, by force intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both.

SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948, 62 Stat. 862, 63 Stat. 108, 72 Stat. 967, 40 U.S.C., Section 276c)

The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the proceeding week. Section 1001 to Title 18 (United States Code) shall apply to such statements.

*****

Pursuant to the aforesaid Anti-Kickback Act, the Secretary of Labor, United States Department of Labor, has promulgated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, Code of Federal Regulations, Part 3. The term “this party,” as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said regulations are as follows:

TITLE 29 - LABOR

Subtitle A – Office of the Secretary of Labor Part 3 – Contractor and Subcontractors on Public Building or

Public Work Financed in Whole or in Part by Loans or Grants from the United States

Section 3.1 Purpose and scope. This part prescribes “anti-kickback” regulations under Section 2 of the Act of June 13, 1934, as amended (40 U.S.C., 276c), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards and which is for the construction, prosecution, completion, or repair of public buildings or works financed in whole or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with Federally assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g., the college Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction w2ork. The part details the obligation of

contractors and subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work. Section 3.2 Definitions (As used in the regulations in this part)

A. The terms “building” or “work” generally include construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, railways, airports, terminals, docs, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals; dredging shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacturer or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials, articles, supplies, or equipment during the course of the manufacturer or furnishing, or owns the materials from which they are manufactured or furnished) is not a “building” or “work” within the meaning of the regulations in this part.

B. The terms “construction,” “prosecution,” “completion,” or “repair” means all types of work done

on a particular building or work at the site thereof, including without limitation, altering, remodeling, painting and decorating, the transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor, and the manufacturing and furnishing of materials, articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the contractor or subcontractor.

C. The terms “public building” or “public work” include building or work for whose construction,

prosecution, completion, or repair, as defined above, a Federal agency is contracting party, regardless of whether title thereof is in a Federal Agency.

D. The term “building or work financed in whole or in part by loans or grants from the United States”

includes building or work for whose construction, prosecution, completion, or repair, as defined above, payment or part payment is made directly to or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or work for which Federal assistance is limited solely to loan guarantees or insurance.

E. Every person paid by a contractor or subcontractor in any manner for his labor in the construction,

prosecution, completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants from the United States is “employed” and receiving “wages,” regardless of any contractual relationship alleged to exist between him and the real employer.

F. The term “any affiliated person” includes a spouse, child, parent, or other close relative of the

contractor or subcontractor; a partner or officer of the contractor or subcontractor, a corporation closely connected with the contractor or subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation.

G. The term “Federal agency” means the United States, the District of Columbia, and all executive

departments, independent establishments, administrative agencies, and instrumentalities of the United States and the district of Columbia, including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities.

Section 3.3 Weekly Statement with respect to payment of wages.

A. As used in this Section, the term “employee” shall not apply to persons in classifications higher

than that of Laborer or mechanic and those who are the immediate supervisors of such employees. B. Each contractor or subcontractor engaged in the construction, prosecution completion, or repair of

any public building or public work, or building, or work financed in whole or in part by loans or

grants from the United States, shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29 CFR, Parts 3 and 5 during the proceeding weekly payroll period. This statement shall be executed by the contractor or subcontractor or by an authorized officer or employee of the contractor or subcontractor who supervises the payment of wages, and shall be on Form WH 348, “Statement of Compliance,” or on an identical form on the back of WH 347, “Payroll (For Contractors Optional Use)” or on any form with identical wording. Sample copies of WH 347 and WH 348 may be obtained from the Government contracting or sponsoring agency, and copies of these forms may be purchased at the Government Printing Office.

C. The requirements of this Section shall not apply to any contract of $2,000 or less. D. Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide

reasonable limitations, variations, tolerances, and exemptions from the requirements of this Section subject to such conditions as the Secretary of Labor may specify.

(29 F.R. 95, January 4, 1964, as amended at 33 F.R. 10186, July 17, 1968) Section 3.4 Submission of Weekly Statements and the Preservation and Inspection of Weekly Payroll Records

A. Each weekly statement required under Section 3.3 shall be delivered by the Contractor or

subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or state Agency in charge at the site of the building or work, or, if there is no representative of a Federal or State Agency at the site of the building or work, the statement shall be mailed by the contractor or subcontractor, within such time, to a Federal or State agency contracting for or financing the building or work. After such examination and check as may be made, such statement, or a copy thereof, shall be kept available, or shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor.

B. Each contractor or subcontractor shall preserve his weekly payroll records for a period of three

years from date of completion of the contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized representative, and by authorized representatives of the Department of Labor.

Section 3.5 Payroll Deductions Permissible without Application to or Approval of the Secretary of Labor. Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without applications to and approval of the Secretary of Labor:

A. Any deduction made in compliance with the requirements of Federal, State or local law, such as

Federal or state withholding income taxes and Federal social security taxes. B. Any deduction of sums previously paid to the employee as a bonafide prepayment of wages when

such prepayment is made without discount or interest. A “bonafide prepayment of wages” is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds.

C. Any deduction of amounts required by court process to be paid to another, unless the deduction is

a favor of the contractor, subcontractor or any affiliated person, or when collusion or collaboration exists.

D. Any deduction constituting a contribution on behalf of the person employed to funds established

by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness, or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or

similar payments for the benefit of employees, their families and dependents” Provided, however, that the following standards are met” (1) the deduction is not otherwise prohibited by law; (2) it is either: (i) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bonafide collective bargaining agreement between the contractor or subcontractor and representative of its employees; (3) no profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, diffident, or otherwise; and (4) the deductions shall serve the convenience and interest of the employee.

E. Any deduction contributing toward the purchase of United States Defense Stamps and Bonds

when voluntarily authorized by the employee. F. Any deduction required by the employer to enable him to repay loans to or to purchase shares in

credit unions organized an operated in accordance with federal and state credit union statutes. G. Any deduction voluntarily authorized by the employee for the making of contributions to

governmental or quasi-governmental agencies such as the American Red Cross. H. Any deduction voluntarily authorized by the employee for the making of contributions to

Community Chests, United Givers Funds and similar charitable organizations. I. Any deductions to pay regular union initiation fees and membership dues, not including fines or

special assessments: Provided, however, that a collective bargaining agreement between the contractor or subcontractor and representatives of its employees provides for such deduction sand the deductions are not otherwise prohibited by law.

J. Any deduction not more than for the “reasonable cost” of board, lodging, or other facilities

meeting the requirements of Section 3 (m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title. When such a deduction is made the additional records required under Section 51627(a) of this title shall be kept.

Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor. Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not permitted under Section 3.5. The Secretary may grant permission whenever he finds that:

A. The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or

indirectly from the deduction either in the form of a commission, dividend, or otherwise; B. The deduction is not otherwise prohibited by law; C. The deduction is either (1) voluntarily consented to by the employee in writing and in advance of

the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2) provided for in a bonafide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; and

D. The deduction serves the convenience and interest of the employee.

Section 3.7 Applications for the Approval of the Secretary of Labor. Any application for the making of payroll deductions under Section 3.6 shall comply with the requirements prescribed in the following paragraphs of this Section:

A. The application shall be in writing and shall be addressed to the Secretary of Labor. B. The application shall identify the contract or contracts under which the work in question is to be

performed. Permission will be given for deductions only on specific, identified contracts, except upon a showing of exceptional circumstances.

C. The application shall state affirmatively that there is compliance with the standards set forth in the

provisions of Section 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance.

D. The application shall include a description of the proposed deduction, the purpose to be served

thereby, and the classes of laborers or mechanics from whose wages the proposed deductions would be made.

E. The applications shall state the name and business of any third person to whom any funds obtained

from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant.

Section 3.8 Action by the Secretary of Labor upon Applications. The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of Section 3.6; and shall notify the applicant in writing of his decision. Section 3.9 Prohibited Payroll Deductions. Deductions not elsewhere provided for by this part and which are not found to be permissible under Section 3.6 are prohibited. Section 3.10 Methods of Payment of Wages. The payment of wages shall be by cash, negotiable instruments payable on demand, or the additional forms of compensation for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject to the Copeland Act. Section 3.11 Regulations Part of Contract. All contracts made with respect to the construction, prosecution, completion, or repair of any public building or public work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in this part shall expressly bind the contractor or subcontractor to comply with such of the regulations in this part as may be applicable. In this regard, use Section 5.5(a) of this subtitle.

CONTRACTOR

SECTION 3 PLAN FORMAT (Name of Contractor) agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within the City of ___________________. A. To ascertain from the locality’s CDBG program official the exact boundaries of the Section 3 covered

project area and where advantageous, seek the assistance of the local officials in preparing and implementing the affirmative action plan.

B. To attempt to recruit from within the city the necessary number of lower income residents through: Local

advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown Plan, or the U.S. Employment Service.

C. To maintain a list of all lower income area residents who have applied either on their own or on referral

from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. *D. To insert this Section 3 plan in all bid documents, and to require all bidders on subcontracts to submit a

Section 3 affirmative action plan including utilization goals and the specific steps planned to accomplish these goals.

*E. To insure that subcontractors which are typically let on a negotiated rather than a bid basis in areas other

than Section 3 covered project areas, are also let on a negotiated basis, whenever feasible, when let in on a Section 3 covered project area.

F. To formally contact unions, subcontractors and trade associations to secure their cooperation for this

program. G. To insure that all appropriate project area business concerns are notified of pending sub-contractual

opportunities. H. To maintain records, including copies of correspondence, memoranda, etc., which document that all the

above affirmative actions steps have been taken. I. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to

coordinate the implementation of this Section 3 plan. J. To list on Table A, information related to any subcontracts that may be awarded. K. To list on Table B, all projected workforce needs for all phases of this project by occupation, trade, skill

level and number of positions. As officers and representatives of (Name of Contractor) We the undersigned have read and fully agree to this Affirmative Action Plan, and become a party to the full implementation of this program. Signature Title Date Signature Title Date *Loans, grants, contracts and subsidies for less than $100,000 will be exempt.

PROPOSED SUBCONTRACT BREAKDOWN

TABLE A

FOR THE PERIOD COVERING THRU (Duration of the CDBG-Assisted Project)

Column 1 Type of Contract

(Business of Profession)

Column 2 Total

Number of

Contracts

Column 3 Total

Approximate Dollar

Amount

Column 4 Estimated Number of Contracts to Project Area Businesses*

Column 5 Estimated

Dollar Amount to

Project Area Businesses*

Company Project Name Project Number *The Project Area is coextensive with the City of _____________________boundaries.

ESTMATED PROJECT WORKFORCE BREAKDOWN

TABLE B

Column 1

Total

JOB CATEGORY

Column 2 Number of Estimated Positions

Column 3 Number of Positions Currently

Occupied by Permanent Employees

Column 4 Number of Positions

Not Currently Occupied

Column 5

Positions to be

filled with L.I.P.A.R.*

Officers / Supervisors Professionals Technicians Housing Sales / Rental / Mgmt.

Office Clerical Service Workers Others TRADE: Journeymen

Helpers Apprentices Maximum No. of Trainees Others TRADE: Journeymen

Helpers Apprentices Maximum No. of Trainees Others TRADE: Journeymen

Helpers Apprentices Maximum No. of Trainees Others

TOTAL

Company

*Lower Income Project Area Residents. Individuals residing within the City of _____________Whose family income does not exceed 90% of the median income in the SMSA.

CERTIFICATION OF NON-SEGREGATED FACILITIES

*****

By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that s/he does not maintain or provide for his/her employees any segregated facility at any of his/her establishments, and that s/he does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained. S/He certifies further that s/he will not maintain or provide for employees any segregated facilities at any location under his/her control where segregated facilities are maintained. The bidder, offeror, applicant or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause of this contract. As used in this certification, the term “segregated facilities” means any waiting rooms; work areas; rest rooms and wash rooms; restaurants and other eating areas; time clocks; locker rooms; and other storage or dressing areas; parking lots; drinking fountains; recreation or entertainment areas; and transportation and housing facilities provided for employees which are segregated by explicit directives or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. S/He further agrees that (except where s/he has obtained identical certifications from proposed subcontractors for specific time periods) s/he will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause; that s/he will retain such certifications in his/her files; and that s/he will forward the following notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certifications for specific time periods). Signature Date

Name and Title of Signer (Please Type)

CERTIFICATION OF BIDDER REGARDING SECTION 3

AND SEGREGATED FACILITIES Name of Prime Contractor Project Name & Number The undersigned hereby certifies that:

(a) Section 3 provisions are included in the Contract (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings (if bid equals

or exceeds $100,000). (c) No segregated facilities will be maintained.

Name & Title of Signer (Print or Type) Signature Date

form HUD-4010 (07/2003)ref. Handbook 1344.1

Previous edition is obsolete Page 1 of 4

Applicability

The Project or Program to which the construction work coveredby this contract pertains is being assisted by the United States ofAmerica and the following Federal Labor Standards Provisionsare included in this Contract pursuant to the provisions applicableto such Federal assistance.

A. 1. (i) Minimum Wages. All laborers and mechanics em-ployed or working upon the site of the work will be paid uncondi-tionally and not less often than once a week, and without subse-quent deduction or rebate on any account (except such payrolldeductions as are permitted by regulations issued by the Secre-tary of Labor under the Copeland Act (29 CFR Part 3), the fullamount of wages and bona fide fringe benefits (or cash equiva-lents thereof) due at time of payment computed at rates not lessthan those contained in the wage determination of the Secretaryof Labor which is attached hereto and made a part hereof, re-gardless of any contractual relationship which may be alleged toexist between the contractor and such laborers and mechanics.Contributions made or costs reasonably anticipated for bona fidefringe benefits under Section l(b)(2) of the Davis-Bacon Act onbehalf of laborers or mechanics are considered wages paid tosuch laborers or mechanics, subject to the provisions of 29 CFR5.5(a)(1)(iv); also, regular contributions made or costs incurredfor more than a weekly period (but not less often than quarterly)under plans, funds, or programs, which cover the particular weeklyperiod, are deemed to be constructively made or incurred duringsuch weekly period.

Such laborers and mechanics shall be paid the appropriate wagerate and fringe benefits on the wage determination for the classi-fication of work actually performed, without regard to skill, exceptas provided in 29 CFR 5.5(a)(4). Laborers or mechanics per-forming work in more than one classification may be compensatedat the rate specified for each classification for the time actuallyworked therein: Provided, That the employer’s payroll recordsaccurately set forth the time spent in each classification in whichwork is performed. The wage determination (including any addi-tional classification and wage rates conformed under 29 CFR5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be postedat all times by the contractor and its subcontractors at the site ofthe work in a prominent and accessible, place where it can beeasily seen by the workers.

(ii) (a) Any class of laborers or mechanics which is not listed inthe wage determination and which is to be employed under thecontract shall be classified in conformance with the wage deter-mination. HUD shall approve an additional classification and wagerate and fringe benefits therefor only when the following criteriahave been met:

(1) The work to be performed by the classification requested isnot performed by a classification in the wage determination; and

(2) The classification is utilized in the area by the constructionindustry; and

(3) The proposed wage rate, including any bona fide fringe ben-efits, bears a reasonable relationship to the wage rates containedin the wage determination.

(b) If the contractor and the laborers and mechanics to be em-ployed in the classification (if known), or their representatives,and HUD or its designee agree on the classification and wagerate (including the amount designated for fringe benefits where

Federal Labor Standards Provisions U.S. Department of Housingand Urban DevelopmentOffice of Labor Relations

appropriate), a report of the action taken shall be sent by HUD orits designee to the Administrator of the Wage and Hour Division,Employment Standards Administration, U.S. Department of La-bor, Washington, D.C. 20210. The Administrator, or an authorizedrepresentative, will approve, modify, or disapprove every additionalclassification action within 30 days of receipt and so advise HUDor its designee or will notify HUD or its designee within the 30-dayperiod that additional time is necessary. (Approved by the Officeof Management and Budget under OMB control number 1215-0140.)

(c) In the event the contractor, the laborers or mechanics to beemployed in the classification or their representatives, and HUDor its designee do not agree on the proposed classification andwage 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 recommenda-tion of HUD or its designee, to the Administrator for determina-tion. The Administrator, or an authorized representative, will is-sue a determination within 30 days of receipt and so advise HUDor its designee or will notify HUD or its designee within the 30-dayperiod that additional time is necessary. (Approved by the Officeof Management and Budget under OMB Control Number 1215-0140.)

(d) The wage rate (including fringe benefits where appropriate)determined pursuant to subparagraphs (1)(ii)(b) or (c) of this para-graph, shall be paid to all workers performing work in the classifi-cation under this contract from the first day on which work is per-formed in the classification.

(iii) Whenever the minimum wage rate prescribed in the contractfor a class of laborers or mechanics includes a fringe benefit whichis not expressed as an hourly rate, the contractor shall either paythe benefit as stated in the wage determination or shall pay an-other bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the contractor does not make payments to a trustee orother third person, the contractor may consider as part of thewages of any laborer or mechanic the amount of any costs rea-sonably anticipated in providing bona fide fringe benefits under aplan or program, Provided, That the Secretary of Labor has found,upon the written request of the contractor, that the applicable stan-dards of the Davis-Bacon Act have been met. The Secretary ofLabor may require the contractor to set aside in a separate ac-count assets for the meeting of obligations under the plan or pro-gram. (Approved by the Office of Management and Budget underOMB Control Number 1215-0140.)

2. Withholding. HUD or its designee shall upon its own action orupon written request of an authorized representative of the De-partment of Labor withhold or cause to be withheld from the con-tractor under this contract or any other Federal contract with thesame prime contractor, or any other Federally-assisted contractsubject to Davis-Bacon prevailing wage requirements, which isheld by the same prime contractor so much of the accrued pay-ments or advances as may be considered necessary to pay la-borers and mechanics, including apprentices, trainees and help-ers, employed by the contractor or any subcontractor the fullamount of wages required by the contract. In the event of failureto pay any laborer or mechanic, including any apprentice, traineeor helper, employed or working on the site of the work, all or part



of the wages required by the contract, HUD or its designee may,after written notice to the contractor, sponsor, applicant, or owner,take such action as may be necessary to cause the suspensionof any further payment, advance, or guarantee of funds until suchviolations have ceased. HUD or its designee may, after writtennotice to the contractor, disburse such amounts withheld for andon account of the contractor or subcontractor to the respectiveemployees to whom they are due. The Comptroller General shallmake such disbursements in the case of direct Davis-Bacon Actcontracts.

3. (i) Payrolls and basic records. Payrolls and basic recordsrelating thereto shall be maintained by the contractor during thecourse of the work preserved for a period of three years thereaf-ter for all laborers and mechanics working at the site of the work.Such records shall contain the name, address, and social secu-rity number of each such worker, his or her correct classification,hourly rates of wages paid (including rates of contributions or costsanticipated for bona fide fringe benefits or cash equivalents thereofof the types described in Section l(b)(2)(B) of the Davis-baconAct), daily and weekly number of hours worked, deductions madeand actual wages paid. Whenever the Secretary of Labor hasfound under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer ormechanic include the amount of any costs reasonably anticipatedin providing benefits under a plan or program described in Sec-tion l(b)(2)(B) of the Davis-Bacon Act, the contractor shall main-tain records which show that the commitment to provide suchbenefits is enforceable, that the plan or program is financially re-sponsible, and that the plan or program has been communicatedin writing to the laborers or mechanics affected, and records whichshow the costs anticipated or the actual cost incurred in providingsuch benefits. Contractors employing apprentices or traineesunder approved programs shall maintain written evidence of theregistration of apprenticeship programs and certification of traineeprograms, the registration of the apprentices and trainees, andthe ratios and wage rates prescribed in the applicable programs.(Approved by the Office of Management and Budget under OMBControl Numbers 1215-0140 and 1215-0017.)

(ii) (a) The contractor shall submit weekly for each week in whichany contract work is performed a copy of all payrolls to HUD or itsdesignee if the agency is a party to the contract, but if the agencyis not such a party, the contractor will submit the payrolls to theapplicant sponsor, or owner, as the case may be, for transmissionto HUD or its designee. The payrolls submitted shall set out ac-curately and completely all of the information required to be main-tained under 29 CFR 5.5(a)(3)(i). This information may be submit-ted in any form desired. Optional Form WH-347 is available forthis purpose and may be purchased from the Superintendent ofDocuments (Federal Stock Number 029-005-00014-1), U.S. Gov-ernment Printing Office, Washington, DC 20402. The prime con-tractor is responsible for the submission of copies of payrolls byall subcontractors. (Approved by the Office of Management andBudget under OMB Control Number 1215-0149.)

(b) Each payroll submitted shall be accompanied by a “State-ment of Compliance,” signed by the contractor or subcontractor orhis or her agent who pays or supervises the payment of the per-sons employed under the contract and shall certify the following:

(1) That the payroll for the payroll period contains the informationrequired to be maintained under 29 CFR 5.5 (a)(3)(i) and thatsuch information is correct and complete;

(2) That each laborer or mechanic (including each helper, ap-prentice, and trainee) employed on the contract during the payroll

period has been paid the full weekly wages earned, without re-bate, either directly or indirectly, and that no deductions have beenmade either directly or indirectly from the full wages earned, otherthan permissible deductions as set forth in 29 CFR Part 3;

(3) That each laborer or mechanic has been paid not less thanthe applicable wage rates and fringe benefits or cash equivalentsfor the classification of work performed, as specified in the appli-cable wage determination incorporated into the contract.

(c) The weekly submission of a properly executed certificationset forth on the reverse side of Optional Form WH-347 shall sat-isfy the requirement for submission of the “Statement of Compli-ance” required by subparagraph A.3.(ii)(b).

(d) The falsification of any of the above certifications may subjectthe contractor or subcontractor to civil or criminal prosecutionunder Section 1001 of Title 18 and Section 231 of Title 31 of theUnited States Code.

(iii) The contractor or subcontractor shall make the records re-quired under subparagraph A.3.(i) available for inspection, copy-ing, or transcription by authorized representatives of HUD or itsdesignee or the Department of Labor, and shall permit such rep-resentatives to interview employees during working hours on thejob. If the contractor or subcontractor fails to submit the requiredrecords or to make them available, HUD or its designee may, afterwritten notice to the contractor, sponsor, applicant or owner, takesuch action as may be necessary to cause the suspension of anyfurther payment, advance, or guarantee of funds. Furthermore,failure to submit the required records upon request or to makesuch records available may be grounds for debarment action pur-suant to 29 CFR 5.12.

4. Apprentices and Trainees.

(i) Apprentices. Apprentices will be permitted to work at lessthan the predetermined rate for the work they performed whenthey are employed pursuant to and individually registered in abona fide apprenticeship program registered with the U.S. De-partment of Labor, Employment and Training Administration, Of-fice of Apprenticeship Training, Employer and Labor Services, orwith a State Apprenticeship Agency recognized by the Office, or ifa person is employed in his or her first 90 days of probationaryemployment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who hasbeen certified by the Office of Apprenticeship Training, Employerand Labor Services or a State Apprenticeship Agency (whereappropriate) to be eligible for probationary employment as anapprentice. The allowable ratio of apprentices to journeymen onthe job site in any craft classification shall not be greater than theratio permitted to the contractor as to the entire work force underthe registered program. Any worker listed on a payroll at an ap-prentice wage rate, who is not registered or otherwise employedas stated above, shall be paid not less than the applicable wagerate on the wage determination for the classification of work actu-ally performed. In addition, any apprentice performing work onthe job site in excess of the ratio permitted under the registeredprogram shall be paid not less than the applicable wage rate onthe wage determination for the work actually performed. Where acontractor is performing construction on a project in a locality otherthan that in which its program is registered, the ratios and wagerates (expressed in percentages of the journeyman’s hourly rate)specified in the contractor’s or subcontractor’s registered programshall be observed. Every apprentice must be paid at not lessthan the rate specified in the registered program for theapprentice’s level of progress, expressed as a percentage of the



journeymen hourly rate specified in the applicable wage determi-nation. Apprentices shall be paid fringe benefits in accordancewith the provisions of the apprenticeship program. If the appren-ticeship program does not specify fringe benefits, apprentices mustbe paid the full amount of fringe benefits listed on the wage deter-mination for the applicable classification. If the Administrator de-termines that a different practice prevails for the applicable ap-prentice classification, fringes shall be paid in accordance withthat determination. In the event the Office of Apprenticeship Train-ing, Employer and Labor Services, or a State ApprenticeshipAgency recognized by the Office, withdraws approval of an ap-prenticeship program, the contractor will no longer be permittedto utilize apprentices at less than the applicable predeterminedrate for the work performed until an acceptable program is ap-proved.

(ii) Trainees. Except as provided in 29 CFR 5.16, trainees willnot be permitted to work at less than the predetermined rate forthe work performed unless they are employed pursuant to andindividually registered in a program which has received prior ap-proval, evidenced by formal certification by the U.S. Departmentof Labor, Employment and Training Administration. The ratio oftrainees to journeymen on the job site shall not be greater thanpermitted under the plan approved by the Employment and Train-ing Administration. Every trainee must be paid at not less thanthe rate specified in the approved program for the trainee’s levelof progress, expressed as a percentage of the journeyman hourlyrate specified in the applicable wage determination. Trainees shallbe paid fringe benefits in accordance with the provisions of thetrainee program. If the trainee program does not mention fringebenefits, trainees shall be paid the full amount of fringe benefitslisted on the wage determination unless the Administrator of theWage and Hour Division determines that there is an apprentice-ship program associated with the corresponding journeyman wagerate on the wage determination which provides for less than fullfringe benefits for apprentices. Any employee listed on the pay-roll at a trainee rate who is not registered and participating in atraining plan approved by the Employment and Training Adminis-tration shall be paid not less than the applicable wage rate on thewage determination for the work actually performed. In addition,any trainee performing work on the job site in excess of the ratiopermitted under the registered program shall be paid not less thanthe applicable wage rate on the wage determination for the workactually performed. In the event the Employment and TrainingAdministration withdraws approval of a training program, the con-tractor will no longer be permitted to utilize trainees at less thanthe applicable predetermined rate for the work performed until anacceptable program is approved.

(iii) Equal employment opportunity. The utilization of appren-tices, trainees and journeymen under 29 CFR Part 5 shall be inconformity with the equal employment opportunity requirementsof Executive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act requirements. The contrac-tor shall comply with the requirements of 29 CFR Part 3 which areincorporated by reference in this contract

6. Subcontracts. The contractor or subcontractor will insert inany subcontracts the clauses contained in subparagraphs 1through 11 of this paragraph A and such other clauses as HUD orits designee may by appropriate instructions require, and a copyof the applicable prevailing wage decision, and also a clause re-quiring the subcontractors to include these clauses in any lowertier subcontracts. The prime contractor shall be responsible forthe compliance by any subcontractor or lower tier subcontractorwith all the contract clauses in this paragraph.

7. Contract termination; debarment. A breach of the contractclauses in 29 CFR 5.5 may be grounds for termination of the con-tract and for debarment as a contractor and a subcontractor asprovided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act Requirements.All rulings and interpretations of the Davis-Bacon and RelatedActs contained in 29 CFR Parts 1, 3, and 5 are herein incorpo-rated by reference in this contract

9. Disputes concerning labor standards. Disputes arising outof the labor standards provisions of this contract shall not be sub-ject to the general disputes clause of this contract. Such disputesshall be resolved in accordance with the procedures of the De-partment of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputeswithin the meaning of this clause include disputes between thecontractor (or any of its subcontractors) and HUD or its designee,the U.S. Department of Labor, or the employees or their repre-sentatives.

10. (i) Certification of Eligibility. By entering into this contractthe contractor certifies that neither it (nor he or she) nor any per-son or firm who has an interest in the contractor’s firm is a personor firm ineligible to be awarded Government contracts by virtue ofSection 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to beawarded HUD contracts or participate in HUD programs pursuantto 24 CFR Part 24.

(ii) No part of this contract shall be subcontracted to any personor firm ineligible for award of a Government contract by virtue ofSection 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to beawarded HUD contracts or participate in HUD programs pursuantto 24 CFR Part 24.

(iii) The penalty for making false statements is prescribed in theU.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. CriminalCode, Section 1 01 0, Title 18, U.S.C., “Federal Housing Adminis-tration transactions”, provides in part: “Whoever, for the purposeof . . . influencing in any way the action of such Administration.....makes, utters or publishes any statement knowing the same to befalse..... shall be fined not more than $5,000 or imprisoned notmore than two years, or both.”

11. Complaints, Proceedings, or Testimony by Employees.No laborer or mechanic to whom the wage, salary, or other laborstandards provisions of this Contract are applicable shall be dis-charged or in any other manner discriminated against by the Con-tractor or any subcontractor because such employee has filed anycomplaint or instituted or caused to be instituted any proceedingor has testified or is about to testify in any proceeding under orrelating to the labor standards applicable under this Contract tohis employer.

B. Contract Work Hours and Safety Standards Act. The provi-sions of this paragraph B are applicable only where the amount ofthe prime contract exceeds $100,000. As used in this paragraph, theterms “laborers” and “mechanics” include watchmen and guards.

(1) Overtime requirements. No contractor or subcontractor con-tracting for any part of the contract work which may require or involvethe employment of laborers or mechanics shall require or permit anysuch laborer or mechanic in any workweek in which he or she isemployed on such work to work in excess of 40 hours in such work-week unless such laborer or mechanic receives compensation at arate not less than one and one-half times the basic rate of pay for allhours 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 clause set forth in subpara-



graph (1) of this paragraph, the contractor and any subcontractorresponsible therefor shall be liable for the unpaid wages. In addi-tion, such contractor and subcontractor shall be liable to the UnitedStates (in the case of work done under contract for the District ofColumbia or a territory, to such District or to such territory), forliquidated damages. Such liquidated damages shall be computedwith respect to each individual laborer or mechanic, includingwatchmen and guards, employed in violation of the clause setforth in subparagraph (1) of this paragraph, in the sum of $10 foreach calendar day on which such individual was required or permit-ted to work in excess of the standard workweek of 40 hours withoutpayment of the overtime wages required by the clause set forth insub paragraph (1) of this paragraph.

(3) Withholding for unpaid wages and liquidated damages.HUD or its designee shall upon its own action or upon writtenrequest of an authorized representative of the Department of La-bor withhold or cause to be withheld, from any moneys payableon account of work performed by the contractor or subcontractorunder any such contract or any other Federal contract with thesame prime contract, or any other Federally-assisted contractsubject to the Contract Work Hours and Safety Standards Actwhich is held by the same prime contractor such sums as may bedetermined to be necessary to satisfy any liabilities of such con-tractor or subcontractor for unpaid wages and liquidated damagesas provided in the clause set forth in subparagraph (2) of thisparagraph.

(4) Subcontracts. The contractor or subcontractor shall insertin any subcontracts the clauses set forth in subparagraph (1)through (4) of this paragraph and also a clause requiring the sub-contractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for compliance by anysubcontractor or lower tier subcontractor with the clauses set forthin subparagraphs (1) through (4) of this paragraph.

C. Health and Safety. The provisions of this paragraph C are ap-plicable only where the amount of the prime contract exceeds$100,000.

(1) No laborer or mechanic shall be required to work in surround-ings or under working conditions which are unsanitary, hazard-ous, or dangerous to his health and safety as determined underconstruction safety and health standards promulgated by the Sec-retary of Labor by regulation.

(2) The Contractor shall comply with all regulations issued by theSecretary of Labor pursuant to Title 29 Part 1926 and failure tocomply may result in imposition of sanctions pursuant to the Con-tract Work Hours and Safety Standards Act, 40 USC 3701 et seq.

(3) The Contractor shall include the provisions of this para-graph in every subcontract so that such provisions will bebinding on each subcontractor. The Contractor shall take suchaction with respect to any subcontract as the Secretary ofHousing and Urban Development or the Secretary of Laborshall direct as a means of enforcing such provisions.

U.S. Department of Labor PAYROLL (For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm)Wage and Hour Division

Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

NAME OF CONTRACTOR OR SUBCONTRACTOR ADDRESS OMB No.: 1235-0008 Expires: 01/31/2015

PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO.

(1) (2) (3) (4) DAY AND DATE (5) (6) (7) (9) (8)

DEDUCTIONS

O

O

O

O

O

O

O

O

NAME AND INDIVIDUAL IDENTIFYING NUMBER (e.g., LAST FOUR DIGITS OF SOCIAL SECURITY

NUMBER) OF WORKER NO

. OF

WIT

HH

OLD

iNG

E

XEM

PTI

ON

S

WORK CLASSIFICATION

OT.

OR

ST.

HOURS WORKED EACH DAY TOTAL HOURS

RATE OF PAY

GROSS AMOUNT EARNED FICA

WITH-HOLDING

TAX OTHER TOTAL

DEDUCTIONS

NET WAGES

PAID FOR WEEK

S

S

S

S

S

S

S

S

Rev. Dec. 2008

Rev. Dec. 2008

While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.

Public Burden Statement

We estimate that is will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W. Washington, D.C. 20210

(over)

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Date

I,(Name of Signatory Party) (Title)

do hereby state:

(1) That I pay or supervise the payment of the persons employed by

on the (Contractor or Subcontractor)

; that during the payroll period commencing on the (Building or Work)

day of , , and ending the day of , , all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said

from the full (Contractor or Subcontractor)

weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Start. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below:

(2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classificationsset forth therein for each laborer or mechanic conform with the work he performed.

(3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeshipprogram registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship andTraining, United States Department of Labor, or if no such recognized agency exists in a State, are registeredwith the Bureau of Apprenticeship and Training, United States Department of Labor.

(4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS

− in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe bene fits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below.

(b) WHERE FRINGE BENEFITS ARE PAID IN CASH

− Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below.

(c) EXCEPTIONS

REMARKS:

EXCEPTION (CRAFT)

EXPLANATION

NAME AND TITLE SIGNATURE

THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE.

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01021-1

SECTION 01021 CASH ALLOWANCES 1 GENERAL 1.1 SUMMARY

A. To provide adequate budget and bonding to cover items not precisely determined by the Owner prior to bidding, allow within the proposed Contract Sum the amounts described in this Section.

B. Related work:

1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, of these Specifications.

2. Other provisions concerning Cash Allowances also may be stated in other Sections of these Specifications.

1.2 SPECIFIC CASH ALLOWANCES (INCLUDES DELIVERY AND TAXES) - Any Labor for

installation by Contractor shall be added to prices below for Bid Form Line Item. END OF SECTION

01025-1

SECTION 01025 MEASUREMENT AND PAYMENT PART 1 GENERAL 1.1 SECTION INCLUDES

A. Measurement and payment criteria applicable to the Work performed under a unit price payment method.

B. Defect assessment and non-payment for rejected work.

1.2 AUTHORITY

A. Measurement methods delineated in the individual specification sections are intended to complement the criteria of this section. In the event of conflict, the requirements of the individual specification section shall govern, however, the Units depicted on the Bid Form shall be used as the form of measurement and payment in the event of conflicts.

B. Take all measurements and compute quantities. The Architect\Engineer will verify

measurements and quantities. 1.3 UNIT QUANTITIES SPECIFIED

A. Quantities and measurements indicated in the Bid Form are for bidding and contract purposes only. Quantities and measurements supplied or placed in the Work and verified by the Architect\Engineer shall determine payment.

B. If the actual Work requires more or fewer quantities than those quantities indicated, provide the required quantities at the unit sum/prices contracted.

C. Any units listed on the bid form can be used throughout the project site. This includes work that

the location is not particularly noted on the drawings. Various Units and Unit Prices can be used at locations not depicted on the drawings by Owner and Engineer.

1.4 MEASUREMENT OF QUANTITIES

A. Measurement by Weight: Concrete reinforcing steel, rolled or formed steel or other metal shapes will be measured by handbook weights. Welded assemblies will be measured by handbook or scale weight.

B. Measurement by Volume: Measured by cubic dimension using mean length, width and height or

thickness.

C. Measurement by Area: Measured by square dimension using mean length and width or radius.

D. Linear Measurement: Measured by linear dimension, at the item centerline or mean chord.

E. Stipulated Sum/Price Measurement: Items measured by weight, volume, area, or linear means or combination, as appropriate, as a completed item or unit of the Work.

1.5 PAYMENT

A. Payment Includes: Full compensation for all required labor, Products, tools, equipment, plant, transportation, services and incidentals; erection, application or installation of an item of the Work; overhead and profit.

01025-2

B. Final payment for Work governed by unit prices will be made on the basis of the actual

measurements and quantities accepted by the Architect/Engineer multiplied by the unit sum/price for Work which is incorporated in or made necessary by the Work.

1.6 DEFECT ASSESSMENT

A. Replace the Work, or portions of the Work, not conforming to specified requirements.

B. If, in the opinion of the Architect/Engineer, it is not practical to remove and replace the Work, the Architect\Engineer will direct one of the following remedies: 1. The defective Work may remain, but the unit sum/price will be adjusted to a new sum/price

at the discretion of the Owner. 2. The defective Work will be partially repaired to the instructions of the Architect\Engineer,

and the unit sum price will be adjusted to a new sum\price at the discretion of the Owner.

C. The individual specification sections may modify these options or may identify a specific formula or percentage sum\price reduction.

D. The authority of the Owner to assess the defect and identify payment adjustment, is final.

1.7 NON-PAYMENT FOR REJECTED PRODUCTS

A. Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable. 2. Products determined as unacceptable before or after placement. 3. Products not completely unloaded from the transporting vehicle. 4. Products placed beyond the lines and levels of the required Work. 5. Products remaining on hand after completion of the Work. 6. Loading, hauling and disposing of rejected Products.

1.8 SCHEDULE OF UNIT PRICES

A. Quantities of work and unit prices are indicated in the Bid Form. PART 2 PRODUCTS

Not Used PART 3 EXECUTION

Not Used END OF SECTION

01030-1

SECTION 01030 ALTERNATES PART 1 GENERAL 1.1 SUMMARY

A. This selection includes identification of each Alternate by number, and describes the basic changes to be incorporated into the Work if a particular Alternate is made a part of the work by specific provisions in the Agreement between the Owner and the Contractor.

B. Related work:

1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications.

2. Materials and methods to be used in the Base Bid and in the Alternates also may be described on the Drawings and/or in pertinent other Sections of these Specifications.

3. Method for stating the proposed Contract Sum is shown on the Bid Form. 1.2 SUBMITTALS

A. All Alternates described in this Section are required to be reflected on the Bid Form as submitted by the Bidder.

B. Do not submit Alternates other than as described in this section.

1.3 DELIVERY, STORAGE, AND HANDLING

A. If the Owner elects to proceed on the basis of one or more of the described Alternates, make modifications to the Work required in providing the selected Alternate or Alternates to the approval of the Architect/Engineer and at no additional cost to the Owner except as proposed in the Bid.

1.4 ADVANCE COORDINATION

A. Immediately after award of the Contract, or as soon thereafter as the Owner has made a decision on which if any of the Alternates will be selected, thoroughly and clearly advise necessary personnel and suppliers as to the nature of Alternates selected by the Owner.

PART 2 PRODUCTS 2.1 ALTERNATES

A. All alternates are indicated on the Bid Form. PART 3 EXECUTION (NOT USED) END OF SECTION

01036-1

SECTION 01036 CHANGE ORDER PROCEDURE PART 1 GENERAL 1.1 SUMMARY

A. Make such changes in the Work, in the Contract Price, in the Contract Time, or any combination thereof, as described in written Change Orders signed by the Owner and the Architect/Engineer and issued after execution of the Agreement, in accordance with the provisions of this Section.

B. Related work:


2. Changes in the Work are described further in paragraphs 11.2 and 11.3 of the General Conditions.

3. Architect/Engineer's supplemental instructions: a. From time to time during progress of the Work the Architect/Engineer may issue

supplemental instructions which interpret the Contract Documents or order minor changes in the Work without change in Contract Sum or Contract Time.

b. Should the Contractor consider that a change in Contract Sum or Contract Time is required, he shall submit an itemized proposal to the Architect/Engineer immediately and before proceeding with the Work. If the proposal is found to be satisfactory and in proper order, the supplemental instructions in that event will be superseded by a Change Order.

4. Proposal requests: a. From time to time during progress of the Work the Architect/Engineer may issue a

proposal request for an itemized quotation for changes in the Contract Price and/or Contract Time incidental to proposed modifications to the Contract Documents.

b. This will not be a Change Order, and will not be a direction to proceed with the changes described therein.

1.2 QUALITY ASSURANCE

A. Include within the Contractor's quality assurance program such measures as are needed to assure familiarity of the Contractor's staff and employees with these procedures for processing Change Order data.

1.3 PROCESSING PROPOSAL REQUESTS

A. Make written reply to the Architect/Engineer in response to each proposal request. 1. State proposed change in the Contract Sum, if any. 2. State proposed change in the Contract Time of Completion, if any. 3. Clearly describe other changes in the Work, if any, required by the proposed change or

desirable therewith. 4. Include full backup data such as subcontractor's letter of proposal or similar information. 5. Submit this response in single copy.

B. When cost or credit for the change has been agreed upon by the Owner and the Contractor, or

the Owner has directed that cost or credit be determined in accordance with provisions of the General Conditions, the Architect/Engineer will issue a Change Order to the Contractor.

01036-2

1.4 PROCESSING CHANGE ORDERS

A. Change Orders will be numbered in sequence, and dated. 1. The Change Order will describe the change or changes, will refer to the proposal requests

or supplemental instructions involved, and will be signed by the Owner and the Architect/Engineer.

2. The Architect/Engineer will issue four copies of each Change Order to the Contractor. a. The Contractor promptly shall sign all four copies and return three copies to the

Architect/Engineer. b. The Architect/Engineer will retain one signed copy in his file, and forward two signed

copies to the Owner. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION

01045-1

SECTION 01045 CUTTING AND PATCHING PART 1 GENERAL 1.1 SECTION INCLUDES

A. Requirements and limitations for cutting and patching of Work. 1.2 RELATED SECTIONS

A. Section 01300 - Submittals.

B. Individual Product Specification Sections: 1. Cutting and patching incidental to work of the Section. 2. Advance notification to other Sections of openings required in work of those Sections. 3. Limitations on cutting structural members.

1.3 SUBMITTALS

A. Submit written request in advance of cutting or alteration which affects: 1. Structural integrity of any element of Project. 2. Work of Owner or separate contractor.

B. Include in request:

1. Identification of Project. 2. Location and description of affected work. 3. Necessity for cutting or alteration. 4. Description of proposed work, and products to be used. 5. Alternatives to cutting and patching. 6. Effect on work of Owner or separate contractor. 7. Written permission of affected separate contractor. 8. Date and time work will be executed.

PART 2 PRODUCTS 2.1 MATERIALS

A. Primary Products: Those required for original installation.

B. Product Substitution: For any proposed change in materials, submit request for substitution. PART 3 EXECUTION 3.1 EXAMINATION

A. Inspect existing conditions prior to commencing Work, including elements subject to damage or movement during cutting and patching.

B. After uncovering existing work, inspect conditions affecting performance of work.

C. Beginning of cutting or patching means acceptance of existing conditions.

01045-2

3.2 PREPARATION

A. Provide temporary supports to ensure structural integrity of the Work. Provide devices and methods to protect other portions of Project from damage.

B. Provide protection from elements for areas which may be exposed by uncovering work.

C. Maintain excavations free of water.

3.3 CUTTING AND PATCHING

A. Generally, cutting of new construction shall be avoided wherever possible by the proper coordination between the various trades, and by the placing of proper sleeves, inserts, bolts, and other items in the construction as the work progresses. However, where subsequent cutting of new construction or cutting of existing construction is required, it shall be done in a neat, careful, and approved manner, without unnecessary or extensive damage to the construction involved, and only to such an extent that is reasonably necessary for the installation of the Work.

B. All patching, repairing, and altering shall be done only by mechanics skilled in the various trades

involved, using materials and workmanship to match those of the original construction in type and quality.

C. Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed without prior

approval.

D. Fit work air tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces.

E. All existing construction which is disturbed or damaged in any way by the CONTRACTOR'S operations shall be restored at least to the conditions which existed before work was begun, unless otherwise indicated.

F. Refinish surfaces to match adjacent finish. For continuous surfaces, refinish to nearest

intersection or natural break. For an assembly, refinish entire unit. END OF SECTION

01050-1

SECTION 01050 FIELD ENGINEERING PART 1 GENERAL 1.1 SUMMARY

A. Provide such field engineering services as are required for proper completion of the Work including, but not necessarily limited to: 1. Establishing and maintaining lines and levels; 2. Structural design of shores, forms, and similar items provided by the Contractor as part of

his means and methods of construction.

B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General

Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Additional requirements for field engineering also may be described in other Sections of

these Specifications. 1.2 SUBMITTALS

A. Upon request of the Architect/Engineer, submit: 1. Data demonstrating qualifications of persons proposed to be engaged for field engineering

services. 2. Documentation verifying accuracy of field engineering work. 3. Certification, signed by the Contractor's retained field engineer, certifying that elevations

and locations of improvements are in conformance or nonconformance with requirements of the Contract Documents.


A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section.

1.4 PROCEDURES

A. In addition to procedures directed by the Contractor for proper performance of the Contractor's responsibilities: 1. Locate and protect control points before starting work on the site. 2. Preserve permanent reference points during progress of the Work. 3. Do not change or relocate reference points or items of the Work without specific approval

from the Architect/Engineer. 4. Promptly advise the Architect/Engineer when a reference point is lost or destroyed, or

requires relocation because of other changes in the Work. a. Upon direction of the Architect/Engineer, require the field engineer to replace

reference stakes or markers. b. Locate such replacements according to the original survey control.

END OF SECTION

01210-1

SECTION 01210 PRE-CONSTRUCTION CONFERENCE PART 1 GENERAL 1.1 SUMMARY

A. To help clarify construction contract administration procedures, the Architect/Engineer will conduct a Pre-Construction Conference prior to start of the Work, as described in this Section.

B. Related work:

1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions paragraph 2.7, Supplementary Conditions, and Sections in Division 1 of these Specifications.

1.2 SUBMITTALS

A. To the maximum extent practicable, advise the Architect/Engineer at least 24 hours in advance of the Conference as to items to be added to the agenda.

B. The Architect/Engineer will compile minutes of the Conference, and will furnish copies of the

minutes to the Contractor and required copies to the Owner. The Contractor may make and distribute such other copies as he wishes.


A. For those persons designated by the Contractor, his subcontractors, and suppliers to attend the Pre-Construction Conference, provide required authority to commit the entities they represent to schedules and solutions agreed upon in the Conference.

1.4 PRE-CONSTRUCTION CONFERENCE

A. The Conference will be scheduled to be held within 20 days after the Effective Date of the Agreement, but prior to actual start of the Work. If requested by the Architect/Engineer, an additional conference will be held in accordance with Section 2.8 of the General Conditions.

B. Attendance:

1. Provide attendance by authorized representatives of the Contractor and major Subcontractors.

2. The Architect/Engineer will advise other interested parties, including the Owner, and request their attendance.

C. Minimum agenda: Data will be distributed and discussed on:

1. Organizational arrangement of Contractor's forces and personnel, and those of subcontractors, materials suppliers, and the Architect/Engineer;

2. Channels and procedures for communication; 3. Construction schedule, including sequence of critical work; 4. Contract Documents, including distribution of required copies of Drawings and revisions; 5. Processing of Shop Drawings and other data submitted to the Architect/Engineer for review; 6. Processing of field decisions and Change Orders; 7. Rules and regulations governing performance of the Work; and 8. Procedures for safety and first aid, security, quality control, housekeeping, and related

matters. END OF SECTION

01300-1

SECTION 01300 SUBMITTALS PART 1 GENERAL 1.1 SECTION INCLUDES

A. Submittal procedures.

B. Construction progress schedules.

C. Proposed products list.

D. Shop drawings.

E. Product data.

F. Samples.

G. Manufacturers' instructions.

H. Manufacturers' certificates.

I. Construction photographs. 1.2 RELATED SECTIONS

A. Section 00700 - General Conditions - Article 6.14.

B. Section 01400 - Quality Control: Manufacturers' field services and reports. 1.3 SUBMITTAL PROCEDURES

A. Transmit each submittal with Architect/Engineer accepted form.

B. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate.

C. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products

required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents.

D. Schedule submittals to expedite the Project, and deliver to Architect/Engineer. Coordinate

submission of related items.

E. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work.

F. Provide space for Contractor and Architect/Engineer review stamps.

G. Revise and resubmit submittals as required, identify all changes made since previous submittal.

1. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions.

01300-2

1.4 PROPOSED PRODUCTS LIST

A. Within 15 days after date of Notice to Proceed, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model number of each product.

B. For products specified only by reference standards, give manufacturer, trade name, model or

catalog designation, and reference standards. 1.5 SHOP DRAWINGS

A. Submit the number of opaque reproductions which Contractor requires, plus three copies which will be retained by Architect/Engineer.

1.6 PRODUCT DATA

A. Submit the number of copies which the Contractor requires, plus three copies which will be retained by the Architect/Engineer.

B. Mark each copy to identify applicable products, models, options, and other data. Supplement

manufacturers' standard data to provide information unique to this Project. 1.7 MANUFACTURER'S INSTRUCTIONS

A. When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, adjusting, and finishing, in quantities specified for Product Data.

B. Identify conflicts between manufacturers' instructions and Contract Documents.

1.8 MANUFACTURER'S CERTIFICATES

A. When specified in individual specification Sections, submit manufacturer’s certificate to Architect/Engineer for review, in quantities specified for Product Data.

B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting

reference date, affidavits, and certifications as appropriate.

C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Architect/Engineer.

PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION

01400-1

SECTION 01400 QUALITY CONTROL PART 1 GENERAL 1.1 DESCRIPTION

A. Work Included: 1. Required inspection and testing services are intended to assist in the determination of

compliance of the work with the quality standards specified or indicated.

B. Related Work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General

Conditions, Supplementary Conditions and Division 1 through 16 of these specifications. 1.2 QUALITY OF WORK

A. Perform all work in the most workmanlike manner and according to the best standard practices. All work shall be free from faults and defects in workmanship.

B. Contractor shall be solely responsible for quality control of the work and shall maintain quality

control over suppliers, manufacturers, products, services, site conditions and workmanship, to produce work of specified quality.

C. Required testing and inspection are intended to assist in determination of probable compliance of

the Work with the Contract Documents, but do not relieve Contractor of responsibility for this compliance. Specified testing and inspection are not intended to limit Contractor's quality control program.

END OF SECTION

01500-1

SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 GENERAL 1.1 SUMMARY

A. This Section describes construction facilities and temporary controls required for the Work.

B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General

Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Except that equipment furnished by subcontractors shall comply with requirements of

pertinent safety regulations, such equipment normally furnished by the individual trades in execution of their own portions of the Work are not part of this Section.

3. Permanent installation and hookup of the various utility lines are described in other Sections.

1.2 REQUIREMENTS

A. Provide construction facilities and temporary controls needed for the Work including, but not necessarily limited to: 1. Temporary utilities such as heat, water, electricity, and telephone; 2. Sanitary facilities; 3. Enclosures such as tarpaulins, barricades, and canopies; 4. Temporary fencing of the construction site; 5. Sewer system must continue to operate throughout the project duration.

1.3 DELIVERY, STORAGE, AND HANDLING

A. Maintain temporary facilities and controls in proper and safe condition throughout progress of the Work.

PART 2 PRODUCTS 2.1 UTILITIES

A. Water: 1. Provide necessary temporary piping and water supply and, upon completion of the Work,

remove such temporary facilities. 2. The Owner will provide and pay for water used in construction.

B. Electricity:

1. Provide necessary temporary wiring and, upon completion of the Work, remove such temporary facility.

2. The Owner will provide and pay for electricity used in construction when connected to existing facilities.

2.2 ENCLOSURES

A. Provide and maintain for the duration of construction all scaffolds, tarpaulins, canopies, warning signs, steps, platforms, bridges, and other temporary construction necessary for proper completion of the Work in compliance with pertinent safety and other regulations.

2.3 REMOVING AND REPLACING FENCES, SOD, ETC.

01500-2

A. Where required to install the Work, carefully remove and store all interfering fences, mailboxes,

culverts, etc. After installation of work and backfilling, reinstall these items and restore them to at least the conditions which existed prior to the commencement of work, using materials and workmanship to match those of the original construction and installation.

B. Carefully remove and store all interfering shrubbery, trees, sod, flowers, and other planting,

sufficiently in advance of construction. After installation of work and backfilling, reset and restore these items to at least the conditions that existed prior to the commencement of work.

2.4 EQUIPMENT AND MATERIALS STORAGE AND PROTECTION

A. Equipment Which Will Be Installed Indoors: At all times prior to its installation within permanent plant buildings and structures which are sufficiently enclosed to provide adequate weather protection, store this equipment in dry weather tight warehouses or other shelters which will completely protect this equipment from damage by weather and other causes. Obtain Engineer's/Architect's prior approval of proposed storage facilities; plastic wrapping or covering alone will not be considered adequate protection. 1. This includes but shall not be limited to: pumps; motors; chemical feed equipment;

laboratory furniture and equipment; filter consoles; control consoles and control equipment; electrical switchgear, panelboards, and lighting fixtures; and architectural items.

B. Equipment and Materials Which Will be Installed Outdoors: At all times prior to its installation,

store this equipment and these materials on pallets, skids, runners, platforms, or other suitable supports which will hold all parts of this equipment and these materials at least six inches aboveground; provide watertight coverings for those stored items which may be damaged by rain or snow; all as approved.

C. Payment for Stored Materials and Equipment: No payment will be made for on-site or off-site

stored materials and equipment which is not stored as specified above.

D. At Contractor's expense, provide temporary weather tight storage for materials which may be damaged by storage exposed to weather.

2.5 TRAFFIC CONTROL

A. Schedule and perform all work to interfere as little as possible with vehicular traffic flow. Poor planning and gross inconsideration of traffic flow will be just cause for the Owner to stop the Contractor's work until the unsatisfactory conditions have been remedied.

B. Mark clearly all open ditches, soft backfill, parked equipment, etc., with signs and barricades

during day hours, and in addition, with flares at night. Maintain all flares, signs, and barricades during weekends, holidays, and at other times when work is not in progress.

C. Provide adequate signs and watchmen to comply with the requirements of all authorities having

jurisdiction, and as necessary for the safety and convenience of the general public.

D. Provide safety precautions and warnings in accordance with SECTION 00700, GENERAL CONDITIONS, Paragraph 6.12, Safety and Protection.

2.6 PROJECT SIGN

A. Install 4'x6' CDBG Project Sign as detailed in this Section. All data for the sign will be provided by the Engineer.

B. Sign shall be installed at location directed by the Engineer.

01500-3

PART 3 EXECUTION 3.1 MAINTENANCE AND REMOVAL

A. Maintain temporary facilities and controls as long as needed for safe and proper completion of the Work.

B. Remove such temporary facilities and controls as rapidly as progress of the Work will permit, or

as directed by the Architect/Engineer. END OF SECTION

PROJECT SIGN 4’ X 6’

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROJECT NO. 1130-13-349-PF-01 2013 LAGOON IMPROVEMENTS

STATE LINE, MISSISSIPPI

GOVERNOR PHIL BRYANT STATE OF MISSISSIPPI

MISSISSIPPI DEVELOPMENT AUTHORITY BRENT CHRISTENSEN, EXECUTIVE DIRECTOR

HONORABLE TERRY SIMPSON SR., MAYOR

BOARD MEMBERS: ALDERMAN GEORGE MILLER, JR.

ALDERMAN DON HINTON ALDERMAN TIMMY HILL

ALDERMAN WILLIE MILLER ALDERWOMAN BRENDA SIMS

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

01505-1

SECTION 01505

CONSTRUCTION WASTE MANAGEMENT PART 1 – GENERAL

1.01 SUMMARY

A. Section includes: Administrative and procedural requirements for construction

waste management activities.

1.02 DEFINITIONS

A. Construction, Demolition, and Landclearing (CDL) Waste: Includes all non-

hazardous solid wastes resulting from construction, remodeling, alterations, repair, demolition and landclearing. Includes material that is recycled, reused, salvaged or disposed as garbage.

B. Salvage: Recovery of materials for on-site reuse, or offsite sale or donation to a

third party.

C. Reuse: Making use of a material without altering its form. Materials can be reused on-site or reused on other projects off-site. Examples include, but are not limited to the following: Grinding of concrete for use as subbase material. Chipping of landclearing debris for use as mulch.

D. Recycling: The process of sorting, cleaning, treating, and reconstituting materials for

the purpose of using the material in the manufacture of a new product.

E. Source-Separated CDL Recycling: The process of separating recyclable materials in separate containers as they are generated on the job-site. The separated materials are hauled directly to a recycling facility or transfer station.

F. Co-mingled CDL Recycling: The process of collecting mixed recyclable materials in

one container on-site. The container is taken to a material recovery facility where materials are separated for recycling.

G. Approved Recycling Facility: Any of the following:

1. A facility that can legally accept CDL waste materials for the purpose of processing the materials into an altered form for the manufacture of a new product.

2. Material Recovery Facility: A general term used to describe a waste-sorting

facility. Mechanical, hand-separation, or a combination of both procedures, are used to recover recyclable materials. Co-mingled containers are to be taken to a material recovery facility with at least a 50% co-mingled recycling rate.

1.03 SUBMITTALS

A. Waste Management Plan: Submit plan within seven days of date established for the Notice to Proceed.

B. Waste Management Report: Submit report concurrent with the final

Application for Payment.

01505-2

1.04 PERFORMANCE REQUIREMENTS

A. General: Material from demolition projects shall be recycled or reused whenever

practicable. Divert a minimum of 50% CDL waste, by weight, from the landfill by one, or a combination of the following activities:

1. Salvage 2. Reuse 3. Source-Separated CDL Recycling 4. Co-mingled CDL Recycling

B. CDL waste materials that can be salvaged, reused or recycled include, but are not limited to, the following:

1. Asphalt 2. Asphalt shingles 3. Concrete 4. Metals 5. Window glass 6. Wood 7. Field office waste, including office paper, aluminum cans, glass, plastic, and

office cardboard.

See section 02050 for salvage detail. 1.05 QUALITY ASSURANCE

A. Preconstruction Conference: Review methods and procedures related to waste

management including, but not limited to, the following: a. Review and discuss waste management plan including responsibilities of Waste

Management Coordinator. b. Review requirements for documenting quantities of each type of materials that will

be salvaged, recycled or disposed of as waste. c. Review and finalize procedures for materials separation and verify availability of

containers and bins needed to avoid delays. d. Review procedures for periodic waste collection and transportation to recycling and

disposal facilities. e. Review waste management requirements for each trade.

1.06 WASTE MANAGEMENT PLAN

A. General: Develop plan consisting of waste types, quantity by weight, methods of

disposal, handling and transportation procedures. Include separate sections in plan for demolition and construction waste.

B. Organize the waste management plan in accordance with the sample plan included

at end of Part 3, including the following information: 1. Types and estimated quantities, by weight, of CDL waste expected to be

generated during demolition and construction. 2. Proposed methods for CDL waste salvage, reuse, recycling and disposal

during demolition including, but not limited to, one or more of the following: a. Contracting with a deconstruction specialist to salvage materials

generated, b. Selective salvage as part of demolition contractor’s work, c. Reuse of materials on-site or off-site sale or donation to a third party.

01505-3

3. Proposed methods for salvage, reuse, recycling and disposal during construction including, but not limited to, one or more of the following:

a. Requiring subcontractors to take their CDL waste to a recycling facility,

b. Contracting with a recycling hauler to haul recyclable CDL waste to an approved recycling or material recovery facility,

c. Processing and reusing materials on-site d. Self-hauling to a recycling or material recovery facility.

4. Name of recycling or material recovery facility receiving each of the CDL wastes.

5. Handling and Transportation Procedures: Include method that

will be used for separating recyclable waste including sizes of containers, container labeling, and designated location on Project site where materials separation will be located.

1.07 WASTE MANAGEMENT REPORT

A. Waste Management Report: Submit a cumulative waste management report on the form included at end of Part 3 with the final Application

for Payment with the following attachments: 1. A record of the type and quantity, by weight, of each material salvaged,

reused, recycled or disposed. 2. Total quantity of waste recycled as a percentage of total waste. 3. Disposal Receipts: Copy of receipts issued by a disposal facility for

CDL waste that is disposed in a landfill. 4. Recycling Receipts: Copy of receipts issued by approved recycling facilities

for co-mingled materials. Include weight tickets from the recycling hauler or material recovery facility and verification of the recycling rate for co-mingled loads at the facility.

5. Salvaged Materials Documentation: Types and quantities, by weight, for materials salvaged for reuse on site, sold or donated to a third party.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION

3.01 CONSTRUCTION WASTE MANAGEMENT, GENERAL

A. Provide containers for CDL waste that is to be recycled clearly labeled as such with a list of acceptable and unacceptable materials. The list of acceptable materials must be the same as the materials recycled at the receiving material recovery facility or recycling processor.

B. The collection containers for recyclable CDL waste must contain no more than

10% non-recyclable material, by volume.

C. Provide containers for CDL waste that is disposed in a landfill clearly labeled as such.

D. Use detailed material estimates to reduce risk of unplanned and potentially

wasteful cuts.

E. To the greatest extent possible, include in material purchasing agreements a waste reduction provision requesting that materials and equipment be delivered in packaging made of recyclable material, that they reduce the amount of packaging, that packaging be taken back for reuse or recycling, and to take back all unused product. Insure that subcontractors require the same provisions in their purchase agreements.

01505-4

F. Conduct regular visual inspections of dumpsters and recycling bins to remove contaminants.

3.02 SOURCE SEPARATION

A. General: Separate recyclable materials from CDL waste to the maximum extent possible. Separate recyclable materials by type.

1. Provide containers, clearly labeled, by type of separated materials or provide other storage method for managing recyclable materials until they are removed from Project site.

2. Stockpile processed materials on-site without intermixing with other materials. Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust.

3. Stockpile materials away from demolition area. Do not store within drip line of remaining trees.

4. Store components off the ground and protect from weather.

3.03 CO-MINGLED RECYCLING

A. General: Do not put CDL waste that will be disposed in a landfill into a co-mingled CDL waste recycling container.

3.04 REMOVAL OF CONSTRUCTION WASTE MATERIALS

A. Remove CDL waste materials from project site on a regular basis. Do not allow CDL waste to accumulate on-site.

B. Transport CDL waste materials off Owner's property and legally dispose of

them.

C. Burning of CDL waste is not permitted.

END OF SECTION

01505-5

SECTION 01505 CONSTRUCTION WASTE MANAGEMENT

SAMPLE WASTE MANAGEMENT PLAN

Company: ABC Construction Company Project: 2013 Lagoon Improvements, State Line, MS

Designated Recycling Coordinator: John Doe

Waste Management Goals: D This project will recycle or salvage for reuse xx% [e.g. 75%] by weight of the waste

generated on-site.

Communication Plan:

Waste prevention and recycling activities will be discussed at the beginning of each safety meeting.

As each new subcontractor comes on-site, the recycling coordinator will present him/her with a copy of the Waste Management Plan and provide a tour of the recycling areas.

The subcontractor will be expected to make sure all their crews comply with the Waste Management Plan.

All recycling containers will be clearly labeled.

Lists of acceptable/unacceptable materials will be posted throughout the site.

Expected Project Waste, Disposal, and Handling: The following charts identify waste materials expected on this project, their disposal method, and handling procedures.

Demolition Phase Material Quantity Disposal Method Handling ProcedureAsphalt from parking lot 100 tons Ground on-site, reused as fill Wood Framing 6 tons Recycled - Wood Recycling

Northwest Separate "clean wood" in clean wood bin

Decorative Wood Beams 300 bd. ft. Salvaged - Timber Frame Salvaging Remove by hand, store on-site,load on pallets for pickup

Remaining Materials 8 tons Landfill - Sound Disposal Dispose in "trash" dumpster

01505-6

SECTION 01505 CONSTRUCTION WASTE MANAGEMENT

REPORT FORM

WASTE MANAGEMENT PROGRESS REPORT

DISPOSED IN MUNICIPAL SOLID WASTE LANDFILL

DIVERTED FROM LANDFILL BY RECYCLING, SALVAGE OR REUSE

MATERIAL CATEGORY Recycled Salvaged Reused

1. Asphalt (cu yds)

2. Concrete (cu yds)

3. Porcelain Plumbing Fixtures (lbs)

4. Ferrous Metals (lbs)

5. Non-Ferrous Metals (lbs)

6. Wood (lbs)

7. Glass (lbs)

8. Clay Brick (lbs)

9. Bond Paper (lbs)

10. Newsprint (lbs)

11. Cardboard (lbs)

12. Plastic (lbs)

13. Gypsum (lbs)

14. Paint (gal)

15. Insulation (lbs)

16. Other (insert description)

17. Other (insert description)

Total (In Weight)

(TOTAL OF ALL ABOVE VALUES – IN WEIGHT)

Percentage of WasteDiverted

(TOTAL WASTE DIVIDED BY TOTAL DIVERTED)

01610-1

SECTION 01610 DELIVERY, STORAGE AND HANDLING PART 1 GENERAL 1.1 SUMMARY

A. Protect products scheduled for use in the Work by means including, but not necessarily limited to, those described in this Section.

B. Related Work:


2. Additional procedures also may be prescribed in other Sections of these Specifications. 1.2 QUALITY ASSURANCE

A. Include within the Contractor's quality assurance program such procedures as are required to assure full protection of work and materials.

1.3 MANUFACTURERS' RECOMMENDATIONS

A. Except as otherwise approved by the Architect/Engineer, determine and comply with manufacturers' recommendations on product handling, storage, and protection.

1.4 PACKAGING

A. Deliver products to the job site in their manufacturer's original container, with labels intact and legible. 1. Maintain packaged materials with seals unbroken and labels intact until time of use. 2. Promptly remove damaged material and unsuitable items from the job site, and promptly

replace with material meeting the specified requirements, at no additional cost to the Owner.

B. The Architect/Engineer may reject as non-complying such material and products that do not bear identification satisfactory to the Architect/Engineer as to manufacturer, grade, quality, and other pertinent information.

1.5 REPAIRS AND REPLACEMENTS

A. In event of damage, promptly make replacements and repairs to the approval of the Architect/Engineer and at no additional cost to the Owner.

B. Additional time required to secure replacements and to make repairs will not be considered by

the Architect/Engineer to justify an extension in the Contract Time of Completion. END OF SECTION

02731-1

SECTION 02731

SANITARY SEWER PART 1 GENERAL 1.1 SECTION INCLUDES

A. Provide sanitary sewer pipe. 1.2 RELATED SECTIONS

A. DIVISION 2 - SITEWORK. 1.3 QUALITY ASSURANCE

A. Requirements of Regulatory Agencies: All work shall comply with rules and regulations of local and state agencies having jurisdiction.

1.4 JOB CONDITIONS

A. Existing Conditions: Carefully maintain bench marks, monuments, and survey control references. PART 2 PRODUCTS 2.1 MATERIALS

A. Sanitary Sewer FORCE MAIN: Shall be 4" Ductile Iron pipe. Class 51, conforming to AWWA Specification C151.

B. Sanitary Sewer GRAVITY LINE: Shall be 8" Ductile Iron Piping. Class 50, conforming to AWWA

Specification C151. C. Fittings for Ductile Iron Pipe: These shall be ductile iron short body pattern conforming to

AWWA Specification C110 or C153 as applicable, or full Class 150 or heavier, with AWWA Specification C104 standard thickness bituminous sealed cement mortar lining, bituminous outside coating, and ends as required for the joint types specified or indicated for the various pipe locations and applications.

D. Gate Valves: These shall be iron body, bronze mounted, double disc, parallel seat, non-rising

stem type, for at least 175 psi working pressure, conforming to AWWA Specification C500, of AV&K, Mueller, M & H, or as approved make. Gate valves may also be ductile iron resilient wedge type conforming to AWWA C509 of American Darling or equal make. Each valve shall have "O" ring type stem seal, standard two inch AWWA operating nut, and shall be opened by COUNTER-CLOCKWISE stem rotation. Except where otherwise specified, indicated, or required for the application involved, all gate valve ends shall be AWWA Specification C111 mechanical joint type, with plain rubber gaskets.

PART 3 EXECUTION 3.1 TRENCHING AND EXCAVATING

A. Ductile Iron Force Main: In straight trenches, lay pipe in reasonably straight lines, using appropriate fittings at all sharp breaks in grade. In curved trenches, lay pipe to follow the trench

02731-2

centerline as closely as practicable, using appropriate fittings at all sharp breaks in grade, and using appropriate fittings or bending the pipe in gradual uniform curves as necessary to make the required curves. Do not bend any pipe with a radius of curvature less than that recommended by the pipe manufacturer.

B. Provide bell holes in trench bottoms to facilitate jointing and to prevent pipe hubs and couplings form bearing on ground before backfilling.

C. Contractor shall use a Trench Box on all excavations to prevent cave-ins and to protect personnel

and adjacent structures and roadways.

D. Where pipelines are below footings, the horizontal distance between footings and pipelines shall be as required to provide a slope not steeper than 1:1 ratio between footing bottoms and the trench bottoms at any point.

E. Unsuitable Subsurface Conditions: Where excavation bottoms at required elevations are found to

be unstable, or where rock, cinders, rubbish or other deleterious materials are encountered, extend excavations down to firm earth and at least six inches below deleterious materials. The excavation bottoms shall be brought up to pipe laying elevation by backfilling with suitable material compacted in place. Suitable materials and compaction shall be as specified above. Dispose of excavated unsuitable materials in an approved manner.

3.2 BACKFILLING

A. After each pipeline has been laid, tested, and approved thoroughly hand tamp backfill up to twelve inches above pipe top. Then place remaining backfill in eight inch loose layers maximum and compact each layer with pneumatic or other suitable power tamper to at least the density of the adjacent undisturbed soil. Backfill materials shall be of the following types:

1. Up to twelve inches above pipe tops: selected earth or sand which is free of rocks, stones, bricks, cinders, broken concrete, rubbish, wood, vegetable matter, topsoil, and other unsuitable materials.

2. From twelve inches above pipe tops to finished grade or subgrade: any materials removed for the excavation which are suitable for backfill. Do not use as backfill any pieces of rock, stone, concrete, asphalt paving, or masonry larger than six inches in their greatest dimension.

3.3 INSTALLATION

A. Pipe Bedding: Lay gravity sanitary sewer lines with Class "C" bedding. This shall consist of granular bedding material of crushed rock, crushed stone, or washed gravel passing a 3/4 inch screen and 95 percent retained on a No. 4 sieve or sand may be used. Granular bedding material shall be placed on trench bottom and extend up the sides of the pipe to at least 1/6 pipe outside diameter. Initial backfill from the top of the granular bedding material up to 12 inches above pipe top shall consist of select finely divided earth, hand placed, and compacted before placing the remaining backfill.

B. Gravity Flow Sewer Pipe:

1. General: lay gravity flow sewer lines so that their inverts will conform accurately to the lines, grades, and elevations indicated and/or shown on previously approved cut sheets. Provide mason's lines, batter boards, and supports, and/or other suitable equipment as necessary to insure the installation of the sewer lines to the required lines, grades, and elevations.

2. Handling: provide and use suitable equipment for the safe and convenient handling of piping materials. Unload all piping materials carefully, and lower them carefully into the trenches, piece by piece, in a manner that will prevent damage to the materials and trenches. Do not under any circumstances drop or dump piping materials, either from transportation vehicles, or into trenches. Before laying inspect each length of pipe and

02731-3

each fitting for defects. Promptly remove all defective pipe and defective fittings from the pipe laying area.

3. Laying: begin laying pipe in finished trench at the lowest points, proceeding upgrade without breaks between manholes, with pipe spigots facing down-grade. Lay pipe with the bedding method required to accommodate the conditions encountered, with full length support of the pipe barrel at every point between bell holes, without grooves or bell ends bearing on trench bottom, and with water-tight joints. Dewater trenches during laying and jointing, as specified hereinbefore. Keep trenches water-free and as dry as practicable during bedding, laying, and jointing, and until the work will not be adversely affected by submergence.

C. Jointing: Before jointing, all mating surfaces of each joint and all joint materials shall be clean and

dry. Make up all joints in strict accordance with the pipe and gasket manufacturer's printed direc-tions. Immediately after jointing, secure each previously laid length of pipe in place with tamped backfill on each side of pipe.

1. Joints between different types of pipes: encase each concrete-to-cast iron pipe joint in a concrete collar at least three inches thick at all points and extending at least six inches beyond each side of joint.

3.4 TESTING NEW AND EXISTING FORCE MAIN

A. Pressure and leakage tests: After backfilling new pipeline construction and after all

air release and air and vacuum valves are properly installed, fill the entire force main with water and subject the pipeline to a pressure and leakage test. Plug one end of the force main, then fill the pipeline slowly so the MAXIMUM velocity is less than 1 foot per second and expel all air. After all air has been expelled, apply a hydrostatic pressure of 50 psi measured at the lowest point in the piping. Maintain the test pressure at least two hours, during which time the leakage shall not exceed 0.75 gallons per hour for the entire force main. Repair all apparent leaks. If the measured leakage exceeds the maximum specified leakage, locate and repair the leaks, and repeat the tests until all tests have been approved. Furnish approved testing equipment, consisting of a suitable pump to apply and maintain test pressure, accurate pressure gauges, suitable equipment to measure volume of water pumped, and other necessary equipment, and conduct all tests in the Owner's presence, as approved. Determine leakage by measuring the volume of water pumped to maintain the required test pressure for the duration of the leakage test.

B. Test for Open Pipe: After completing the pressure and leakage test specified

above, send a pipe cleaning device ("pig") through the entire pipeline to insure there are no stoppages in the pipeline. The "pig" may be somewhat collapsible in nature so as to pass through any slightly out-of-round sections in the pipeline, if any exist. Do not use excessive pressure to propel the "pig" that might cause pipe joints to separate or cause excessive changes in velocity and/or surges that could rupture the pipeline. It is SUGGESTED that the pipeline be thoroughly flushed before sending the "pig" through the pipeline and it is SUGGESTED that some type tracer device be incorporated with the "pig" to allow it to be located in the event a stoppage is encountered.

3.5 SEPARATION OF WATER MAINS AND GRAVITY SEWERS

1. Normal conditions:

water mains shall be laid at least 10 feet horizontally and 18 inches vertically from existing sanitary sewers, storm sewers, and sewer manholes; the distance shall be

SANITARY SEWER 02731-4

measured edge-to-edge. The bottom of the water line shall be 18 inches above sewer lines.

2. Crossings: Normal conditions: water mains crossing existing house sewers, storm sewers, or sanitary sewers shall be laid to provide a separation of at least 18 inches between the bottom of the water main and the top of the existing sewer. A full laying length of water pipe shall be centered at the point of crossing, so that the joints will be equidistant and as far as possible from the existing sewer.

3. Manholes:

No water pipe shall pass through or come into contact with any part of any existing manhole The MSDH and MDEQ must give approval to any variance or special circumstances PRIOR to installation.

END OF SECTION

03302-1

SECTION 03302 CONCRETE PART 1 GENERAL 1.1 SECTION INCLUDES

A. Provide and prepare sub-grade to receive concrete.

B. Provide forming as required.

C. Provide concrete complete with reinforcement. 1.2 RELATED SECTIONS

A. DIVISION 2 – SITEWORK. 1.3 QUALITY ASSURANCE

A. Requirements of Regulatory Agencies: All work shall comply with rules and regulations of local and state agencies having jurisdiction.

1.4 JOB CONDITIONS

A. Existing Conditions: Carefully maintain bench marks, monuments, and survey control references. PART 2 PRODUCTS 2.1 MATERIALS

A. Portland Cement: ASTM C150; normal - Type I.

B. Aggregates: ASTM C33. 1. Fine aggregates shall be natural sand, or sand prepared from stone, or other inert materials

having similar characteristics as approved. 2. Coarse shall be crushed, washed limestone or natural gravels.

C. Water: Clean and free from injurious amounts of oil, alkali, organic matter, or other deleterious

material.

D. Air entrainment (for all exterior exposed concrete): ASTM C260 or AASHTO M-154. Air entraining admixtures shall be added to the mixer in the amount necessary to produce the specified air content.

E. Water-reducing, set-controlling admixtures shall meet the requirements of ASTM C494, Type A,

water-reducing or Type D, water-reducing and retarding. Water-reducing admixtures shall be added at the mixer separately from air-entraining admixtures in accordance with the manufacturer's printed instructions.

03302-2

2.2 REINFORCEMENT

A. Reinforcing Wire shall be 60 ksi (414 MPa) 6”x6” W6 x W6 Welded Wire Fabric. The wire fabric shall remain in the center of the slab or wall during pour. If in the opinion of the Engineer, the wire fabric is not in the center of the slab or wall after finishing, the Contractor shall replace all inferior concrete at the Contractor’s expense and will not resume work until an acceptable system is approved by the Engineer.

B. Reinforcing Steel Bars shall be 60 ksi (414 MPa) yield strength; deformed billet steel bars; ASTM

A615; plain finish.

C. Tie Wire: Minimum 16 gauge annealed type, or patented system acceptable to Architect/Engineer.

2.3 CONCRETE MIX

A. Ready-Mix Concrete: All concrete shall be ready-mix concrete.

B. Mix and proportion to produce minimum 4,000 psi concrete unless otherwise noted at 28 days with maximum slump of 4 inches and 5.5 percent air entrainment, ASTM C94 OR AS INDICATED ON DRAWINGS.

C. Use accelerating admixtures in cold weather only when acceptable to Architect/Engineer. Use of

admixtures shall not relax cold weather placement requirements. Do not use calcium chloride.

D. Use set-retarding admixtures during hot weather only when acceptable to Architect/Engineer. PART 3 EXECUTION 3.1 PREPARATION OF SUB-GRADE

A. Insure rough grading has brought sub-grade to required elevation of 2” below bottom of concrete. B. Fill final 2” lift with Clay Gravel.

C. Level and compact sub-grade, to receive concrete to the minimum required dry density

compaction of 95 percent standard Proctor.

D. Sub-grade: Place concrete only on a moist compacted subgrade or base, free from loose material. Do not place concrete on a muddy or frozen sub-grade.

E. Interior fill shall be granular type compacted prior to placing new concrete floor section.

3.2 FORMING

A. All forms shall be free from warp, tight enough to prevent leakage of mortar, and substantial enough to maintain their shape and position, without springing or settlement, when concrete is placed or vibrated. Forms shall be clean and those for surfaces to be exposed shall produce a smooth, even finish without fins or board marks. Set forms for slabs on ground at exact finished grade; check for line and grade and correct as necessary immediately before concreting. Provide uniform bearing for such forms.

3.3 PLACING CONCRETE

A. Concrete shall be deposited so as to require as little rehandling as practicable. Spade concrete thoroughly along forms and expansion joints, and work carefully into corners and around reinforcement. Tamp and screed to a dense mass. Do not mix or place concrete when the air temperature is below freezing. If the temperature may be expected to fall below 40 degrees

03302-3

Fahrenheit within 24 hours after concrete is placed, heat water and aggregate to bring the temperature of concrete mix to at least 50 degrees Fahrenheit. Consolidate concrete by means of a mechanical vibrator unless otherwise approved.

B. Time in Transit: The maximum time elapsed between loading the concrete on the truck and

placing in final position shall be 45 minutes.

C. Retempering: Water shall not be added after the concrete has been placed on the truck unless authorized by the Engineer or his authorized representative.

D. Weather Conditions: In addition to ACI 302, comply with the following:

1. Cold Weather: "Recommended Practice for Cold Weather Concreting" ACI 306. 2. Hot Weather: "Recommended Practice for Hot Weather Concreting" ACI 305.

E. Concrete shall not be placed on frozen subgrade.

F. Protection: Do not remove forms for 24 hours after pouring concrete. Protect concrete from

traffic for a period of 7 days after pouring. 3.4 FINISHING CONCRETE

A. General: The concrete shall be struck-off, consolidated, and finished with mechanical equipment in such a manner that after final finishing, it shall conform to the cross section shown on the Plans. Hand finishing will be permitted in narrow widths, areas of irregular dimensions, and in the event of breakdown of the mechanical equipment, to finish the concrete already deposited on the grade.

B. Final Surface Finish:

1. Concrete shall have a broomed or burlap drag finish providing a uniform, skid-resistant texture.

2. Finish floors as required for the type flooring indicated. 3.5 CURING CONCRETE

A. General: After finishing operations have been completed and immediately after the free water has left the surface, the surface of the slab, the sides of the slab shall be coated and sealed with a uniform layer of membrane curing compound applied as recommended by the manufacturer. When the forms are removed, curing compound shall be applied to the sides of the slab. 1. Areas in which the curing membrane is damaged within a period of three days shall be

resprayed with curing compound. 2. Curing compound may be omitted when the pavement is otherwise protected from

inclement weather for three days.

B. Impervious Membrane: Concrete shall be cured through the application of a transparent, impervious membrane of a type approved by the Engineer. The liquid shall contain a fugitive dye and shall be of such composition as not to react with the concrete nor alter appreciably its natural color. Apply the liquid immediately after free water has disappeared from the finished surface of the concrete; apply in a fine mist and in such manner as to cover the surface with a uniform, flexible film, ample to seal the surface thoroughly, and without marring the concrete finish. Keep workmen, equipment, and materials off the membrane for three days after applying.

C. Cold Weather Protection: Whenever the air temperature may be expected to reach the freezing

point, spread straw or other blanketing material to sufficient depth to keep concrete from freezing, or provide enclosure and heating device capable of maintaining concrete temperature of at least 50 degrees Fahrenheit. Maintain such protection for at least five days. The Contractor shall be responsible for removing and replacing any concrete injured by frost action.

END OF SECTION

11354-1

SECTION 11354 CHEMICAL FEED EQUIPMENT PART 1 GENERAL 1.1 SECTION INCLUDES

A. Chlorination and Sulfur Dioxide Equipment. 1.2 RELATED SECTIONS

A. DIVISION 16 - ELECTRICAL. 1.3 SHOP DRAWINGS

A. Submit shop drawings.

B. Clearly detail shapes, general construction, and installation details. 1.4 SUBMITTALS

A. Submit manufacturer's installation instructions. PART 2 PRODUCTS 2.1 CHLORINATORS AND SULFUR DIOXIDE EQUIPMENT AND ACCESSORIES

A. Type of System: System shall be automatic switchover type, which will provide 100 percent standby, with only one feed system operating at any time, and automatic switchover to the standby system when the chemical supply to the previously operating equipment becomes exhausted. All materials coming in contact with chlorine gas or chlorine solution shall be non-corrosive.

B. Chlorinators (two required for chlorine and two required for sulfur dioxide) shall be

Superior Chlorinator Complete Package CL-15-100 PPD, suitable for start-stop operation. Sulfur Dioxide equipment shall be Superior Sulfonator Complete Package SD-15-100 PPD.

1. Each chlorinator shall be complete with: manual 20:1 range rate adjusting device; rate of

flow indicator; chlorine gas pressure regulating devices; means of shutting off chlorine gas flow when ejector water supply is interrupted; one meter in place; and one spare meter (two meters required for each chlorinator). Exact meter sizes in pounds per day will be determined by Owner after contract is awarded.

C. Automatic Switchover Module (one required for chlorine and one required for sulfur dioxide): This

shall be non-electrical, vacuum operated, with automatic reset feature.

11354-2

D. Ejector (two required): The ejector/check valve assembly shall be of the chlorine water solution feed type and shall create the vacuum necessary to operate the system. The ejector/check valve assembly shall be a spring-opposed, O-ring seal, diaphragm type, and shall be suitable for 100 PPD against a maximum back pressure of 60 psig. The springs shall be tantalum alloy. The ejector shall have a 3/8 inch vacuum connection. The following ejector spare parts shall be provided: 1. One (1) set ejector diaphragms. 2. One (1) set ejector gaskets. 3. One (1) wall mount bracket.

E. Ejector Water Inlet Assemblies: The water inlet assembly shall be manufactured. A pre-assembled 3/4 inch water inlet assembly shall be provided, consisting of: 1. Shut-off valve: 2. Y-strainer. 3. Pressure gauge, stainless steel, liquid filled, 2-1/2 inch dial, 0-100 psig. 4. Fiberglass reinforced plastic (FRP) channel (uni-struct) with stainless steel straps for

mounting piping to wall of fiberglass enclosures.

F. Solenoid Valve : Provide in the water supply line to the ejector a 115 volt normally closed pilot

operated non-slam type solenoid valve, which shall automatically start and stop chlorinators.

G. Chlorine Piping and Chlorine Specialties: Under this section, provide all chlorine gas and chlorine solution piping and related accessories, including pipe, fittings, valves, gauges, pressure regulators, strainers, and other chlorine specialties as indicated and/or recommended by the chlorinator manufacturer for the complete chlorination system. Piping materials and installation requirements shall be: 1. Chlorine gas pipe subject to full chlorine cylinder pressure (except where flexible tubing is

indicated or specified): schedule 80 seamless black steel pipe, with forged steel screwed fittings, ammonia type unions, and pipe joint compound suitable for chlorine gas service.

2. Chlorine cylinder connectors: flexible seamless copper tubing, complete with an auxiliary cylinder valve on cylinder end, a union on other end to mate with chlorinator, and a valve operating wrench.

3. Flexible chlorine gas pipe (tubing): ultra high molecular weight polyethylene tubing conforming to ASTM D2737, rated for 160 psi water pressure at 73 degrees Fahrenheit.

4. All other piping for chlorine gas, chlorine solution, and vents, except as otherwise specified below: Schedule 40 rigid PVC pipe, with molded PVC socket fittings, and solvent welded joints. Provide suitable PVC threaded to solvent weld adapters where required to connect PVC pipe to threaded openings; use Teflon tape type joint compound on all threaded joints.

5. Flexible chlorine solution piping, in conduit and underground: short lengths of flexible fabric reinforced rubber hoses suitable for chlorine service and the pressures involved, clamped to serrated adapters with stainless steel hose clamps. Provide a flexible connection where PVC pipe connects to the injector, solution diffuser, and other items indicated and/or required.

6. Other ejector water supply piping: as specified in herein. 7. Cut-off valves, unions, check valves, and other items coming in contact with chlorine

solution, and cut-off valves, unions, check valves, and other items on outlet side of solenoid valve: PVC or other suitable plastic materials which are positively impervious to corrosion by chlorine. Check valves shall be PVC ball type.

8. Adapters: Provide suitable PVC adapters to connect rigid PVC pipe to items having threaded pipe connection openings, and to interconnect rigid PVC and flexible tubing.

9. Hangers, supports, and piping installation, except as otherwise indicated: hangers and supports on five foot maximum centers for PVC piping and polyethylene tubing, and on eight foot maximum centers for steel pipe.

11354-3

H. Chemical Feed Equipment Shelter 1. See Specification Section 13123 FIBERGLASS SHELTER

2.2 SCALES, CYLINDER, DUAL A. The chlorine and sulfurdioxide cylinder scales shall consist of a dual platform weighing base with a weight indicator. The scales shall be of the hydraulic load cell type. B. Each platform base shall have a gross weight capacity of 0-300 pounds. C. A safety chain shall be supplied to support each cylinder while in operation. D. The scales shall be Force Flow Equipment Model 4D-150-2.

2.3 FLOWMETER, ULTRASONIC A. The flowmeter shall have a totalizer and have a 4-20 mAdc output signal to record effluent discharge. B. The flowmeter shall be housed in a NEMA 4 enclosure. C. The transducer shall be attached to a stainless steel bracket near the contact chamber as shown on plans. PART 3 EXECUTION 3.1 CHEMICAL FEED EQUIPMENT

A. Chemical feed equipment shall be installed as indicated on the drawings and in accordance with the manufacturer’s instructions.

B. Initial feed rate shall be determined by Owner.

END OF SECTION

11355-1

SECTION 11355 ROTATING BIOLOGICAL CONTACTOR CONTROLS 1.01 GENERAL A. The lagoon control panel enclosure shall be Nema 3R painted steel enclosure. B. All power and control wires shall be stranded copper. All wiring shall be in covered plastic wireway. C. All points necessary for external connection in the control panel whether power or control shall be wired to a terminal strip located at the top or bottom of the enclosure as directed by the engineer. The terminal strip shall be permanently marked with the same designation as the wire connected to it. D. All power and control wires shall be marked at both ends using self-adhering wire markers. No two wires having different functions within the control panel shall have the same markings. E. All circuit breakers, starters, and other control devices mounted within the controller panel shall be labeled for identification both within the panel and on the wiring schematic with corresponding designations. F. Control power shall be 120 Volts and shall be protected by the correctly sized circuit breaker. If required, provide a properly sized control power transformer with primary over current protection. G. Each starter shall be provided with overload protection in all three phases and each individual starter shall have phase failure protection. H. All selector switches, indicators, and pilot lights shall be identified with an engraved nameplate. All selector switches, pilot lights, and control devices shall be visible and operable from the Controller exterior door or an interior deadfront panel when required. I. The Controller manufacturer shall provide a written warranty with approval drawings covering all Control materials and parts furnished for a period ending one year after final acceptance of the project. This warranty shall cover all material replacement, all labor, and all travel expense. 1.02 SEWER LAGOON CONTROL PANEL A. ELECTRIC SERVICE: The panel shall be designed for 277/480 volt, three-phase, four-wire power. The Contractor shall coordinate service entrance work with the servicing Power Company. B. MAIN BREAKER: Provide a properly sized Normal Main Breaker required by the servicing power company and for the actual motor horsepower being furnished. In addition, provide a through the door operator mounted on the interior deadfront. C. SERVICE ENTRANCE SURGE PROTECTION DEVICE: Provide a service entrance rated Type 2, AC power distribution Surge Protection Device (SPD), per Component Specifications, designed to protect all types of loads fed from the distribution panels, branch panels and/or individual equipment panels. Units shall be UL listed and shall bear a UL label. Surge Protection Device shall be rated for 160kA per phase and 80kA per mode. Unit shall come complete with a 20 amp, 480 volt circuit breaker for disconnect means.

11355-2

D. Bioflo Units NO.1 THRU NO.2: Provide a variable frequency drive for each unit. 1. Each unit shall be controlled by a Hand -Off-Auto switch. 2. Each unit shall be protected by a 30 amp fuse. 3. Each unit shall be operated by a variable frequency drive. E. DISTRIBUTION TRANSFORMER: Provide a fused control power transformer of proper size.

END OF SECTION

11378-1

SECTION 11378

ELECTRIC HORIZONTAL FLOATING BIOFILM NITRIFICATION ROTORS PART 1 GENERAL 1.1 DESCRIPTION:

There shall be furnished Two (2) 7.5-HP electric floating biofilm nitrification rotor(s) for operation as shown on the plans. Biofilm nitrification rotor(s) shall be the S&N AIROFLO 8000 Series Floating Nitrification Rotor, as manufactured by S&N AIROFLO, Inc., 1011 Sycamore, Greenwood Industrial Park, Greenwood, Mississippi 38930, 1.877.AIROFLO, or Engineer approved equal. Each biofilm nitrification rotor shall consist of an electric motor, variable frequency drive, gear reducer, flotation devices, mainframe, cradle frame, adjusting linkage, anchoring system, and access systems.

1.2 REFERENCES:

A. American Gear Manufacturers Association (AGMA)

B. National Electrical Manufacturers Association (NEMA)

1.1 SUBMMITALS:

A. Shop drawing submittals shall include at least the following:

1. Certified shop drawings showing all important details of construction, dimensions, anchor bolt location, and field connection.

2. Descriptive literature, bulletins, and catalogs of the equipment.

3. Installation, operation, and start-up procedures including lubrication requirements.

4. Complete motor data.

5. Total weight of the equipment including the weight of the single largest item.

6. A complete bill of materials for all equipment within the O&M manual along with

maintenance schedules and procedures. No samples will be required.

7. A list of spare parts that are supplied with the equipment.

B. Submit operations and maintenance manuals for the equipment in compliance with the Contract Documents, 30 day prior to shipment. Manuals shall include: 1. Name, address, and telephone number of the nearest competent service

representative who can furnish parts and technical service.

2. Pictorial illustrations of handling, installing, preventative maintenance, and major component replacement.

8. Operating, maintenance and trouble shooting information.

9. Complete maintenance parts list.

10. Complete connection, interconnecting and assembly diagrams.

11378-2

11. Complete bill of materials.

1.4 QUALITY ASSURANCE:

Consideration will be given only to the aerators of well-established and reliable manufacturers who are regularly engaged in such work and thoroughly experienced in the design and manufacture of floating equipment used in waster water treatment..

1.5 PERFORMANCE REQUIREMENTS:

A. The aeration equipment, as installed, shall comply with the following: 1. Each nitrification rotor shall provide a nitrification capacity of 3900 grams

per 24-hour period of continuous operation at a temperature of 20C.

2. Each nitrification rotor shall provide a minimum ammonia reduction capacity of 4.0 g NH3-N per m2___ per 24-hour period of continuous operation at a temperature of 20C.

3. Each nitrification rotor shall rotate at __3 rpm__ and at a peripheral

speed of 0.2 to 0.28 m/s .

PART 2 PRODUCTS

The 7.5-HP mechanical aerator(s) units shall include (but not be limited to) the following

components: 2.1 MOTORS:

A. Each nitrification rotor shall be driven by single speed, Premium efficiency, minimum

1.15 SF (at full load amps) horizontal shaft electric motor. The electric motor shall be an induction motor ,3-phase, 1800 RPM, 60 Hertz, 230/460 Volt, TEFC, NEMA PREMIUM Efficiency. Motor shall operate at 90% or less of its rated full load during normal operation. The aerator manufacturer shall provide certification that the nameplate data affixed to the aerator’s electric motor is valid, specific data applicable to that particular motor.

2.2 GEAR REDUCERS: A. Each rotor shall have a new constant-duty AGMA class III gear reducer possessing a

minimum 2.0 service factor. The gear reducer shall connect directly to the rotor shaft by a tapered bushing and spanner nut. The gear reducer shall be connected to the electric motor and driven by a banded and cogged ARAMID fiber (non-stretchable) belt via a double-grooved pulley. Thermal ratings shall not exceed a maximum sump temperature of 200 F and an ambient temperature of 100 F.

B. Only Schaeffer 293A Gear Lube shall be used in the gear reducer reservoir. Ester

based synthetic oils shall not be accepted. Other oil besides PAO based synthetic can reduce the life of some seals and o-rings.

C. Each gear reducer shall be equipped with a Vent Breather modified to attach to the gear

reducer to extend the life of the gear oil and reduce maintenance costs. As the

11378-3

thermals change in the cavity of the gear reducer, moisture vapor is trapped in the proprietary media to be released through the bottom of the vent housing. This prevents the accumulation of moisture in the cavity of the gear reducer reservoir. The Modified Vent Breather lowers and stabilizes the relative humidity inside the reservoir leading to a lower dew point. Lower dew point means no condensation, even when the machine is shut down. Neither diaphragm nor desiccant style breathers shall be acceptable. Breathers shall operate at ambient pressure.

D. Each gear reducer shall be fitted by the aerator manufacturer with external seal

guards to provide a labyrinth of protection to the gear reducer seals. Experience has shown that “off the shelf” gear reducers with no additional protection for the seals will lead to accelerated seal failure, thus leading to leaks, contaminated lubricants and eventual gear reducer failure. Experience shows that a leaking seal without the benefit of a breather will allow a gear reducer to pull moisture from the atmosphere into the gear cavity as units are cycled on and off. The seal guards provide an extra layer of protection to each of the three seals in a gear reducer. The seal guards consist of a rubber or Teflon seal plate (depending on the gears design) with and additional barrier of grease over the seal area. Each gear reducer is drilled and tapped to accept a UHMW hold down ring to stabilize the seal plate. Gear reducers with out external seal guards will not be accepted. Simple v-rings or slingers do not constitute the same protection as described above.

2.3 DRIVE ASSEMBLY COVER:

A polyethylene motor and gear reducer cover is required to prevent weather and water contamination. The cover is hinged to provide unlimited access to the drive assembly area for ease of maintenance. The cover shall be hinged in a direction to accommodate the easiest path on & off of the unit via the access walkways. The polyethylene cover shall be constructed from ExxonMobil LL 8460 linear low density hexane copolymer and hinged to allow access for all normal O&M operations. The cover shall be open at the bottom to prevent dirt and debris accumulation.

2.4 HORIZONTAL-ROTOR ASSEMBLY:

A. The Rotor assembly shall consist of an 8-5/8” O.D. flanged torque tube with a 56”

overall diameter. The flanges shall be indexed to fit the stub shaft hub. The rotor stub shafts shall consist of a fabricated hub stress relieved to 1200 degrees Fahrenheit and fitted with a 1045 carbon steel shaft. The shaft to hub fit shall be a heavy shrink-fit, performed as the final step of the fabrication, and will provide the required HP to meet the performance requirements of the aerators called for in this specification.

B. The structural design of the rotor consists of multiple sets of wheel like spoke and rim structures attached by welding to the torque tube hub. The spoke and rim structures divide the rotor into sections for strength and for the purpose of controlling the movement of the plastic media. The ends of the rotor and the sides are covered with expanded metal, welded to the rim of the spoke and rim structures. Each section of the rotor will include an access hatch.

C. Rotor shall be of A 36 carbon steel. The rotor assembly shall be hot-dipped galvanized

after final fabrication and balancing (galvanized to ASTM specification # A123/A). D. The Rotor shall be supported by two (2) external, waste water lubricated, maintenance

free UHMW bearings.

2.5 ROTOR-BEARINGS:

11378-4

A. Each unit shall possess two (2) bearings to support the rotor, an external drive bearing and an external tail bearing. Both the drive shaft of the rotor assembly and the tail shaft shall be fitted with waste-water lubricated bearings, requiring no external water source. Both shafts shall be shrink-fitted with bi-metallic bushings. Bronze shall be used on the outside of the bi-metallic bushing to wear against the ultra-high molecular weight (UHMW) polyethylene. The inside of the bi-metallic bushing is carbon steel and serves as a visual indicator of wear and as additional mass to extend the normal wear process and to protect the stub shaft. The manufacturer shall supply instructions for the replace of the bi-metallic wear bushings. . The bearing shall be constructed of UHMW polyethylene, with a minimum bearing surface width of 4” on the drive end and 4” on the tail end. The block will have a 1-1/2” port in the top for inspections. Mechanical bearings requiring greasing, either manual or automatic, will not be accepted.

2.6 FLOTATION DEVICES:

Each unit shall contain two (2) stainless steel flotation devices capable of floating and stabilizing the unit. Each float shall be fabricated from 304 stainless steel having a minimum thickness of 0.0625 inches. All seams shall be welded for strength. Floatation devices shall be internally reinforced and filled with high-density polyurethane foam and completely sealed from the environment. Flotation stability is mandatory. Prior to assembly, flotation devices shall be sealed and pressure tested at 3.0 psig.

2.7 MAIN FRAME:

The horizontal beams of the main frame shall be constructed from 3” x 3” structural tubing, ASTM A36 steel or better. All frame connections shall be welded for strength. The main frame shall have lift brackets sufficient for handling purposes. Each end of the frame shall have a non-skid platform, welded in place for added structural integrity and to provide convenient platforms for inspections and maintenance. A splash guard shall be welded to the main frame and extend downward into the water to help protect the drive assembly from splash created by the rotor. All frame parts shall be hot-dipped galvanized after fabrication to the minimum thickness per the ASTM specification # A123/A.

2.8 CRADLE FRAME:

A cradle frame shall attach the Flotation devices to the main frame and provide adjustment points to allow adjustments to rotor blade operating depth and respective motor operating amperage. Cradle frames shall be hot-dipped galvanized after welding (galvanized to ASTM specification # A123/A). The frame shall be connected to the anchoring system in a way that the forces resulting from wave action and other movement are not transferred to the Flotation system. Rubber pads shall also be provided for isolation of the floats from the cradles.

2.9 ADJUSTING LINKAGE:

Each unit shall have adjusting linkage attached to each corner of the main frame. Adjusting linkage shall be capable of changing the operating depth of the rotor, the horsepower requirements, and amp draw, and provide leveling of the unit. Adjusting linkage shall be fabricated from 304 stainless steel rods with brass adjusting nuts. Adjusting linkage shall not be connected directly to the anchoring system nor shall it mechanically depend on the anchoring system for it to be effective.

2.10 ANCHORING SYSTEM:

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The anchoring system shall secure the main frame of the aerator in the desired position and limit its lateral movement potential. It shall not restrict the unit’s flotation and shall allow for continuous operation with fluctuations in water surface elevation required by the specific application. The anchoring system shall be supplied in accordance with the engineer’s specifications. The Access System shall include (but not be limited to) the following components.

2.11 Float mounted platforms shall be attached to the floats on the drive end of the unit. These platforms will be constructed of 304 SS and provide a non-skid surface and a hand rail for safe and convenient access for scheduled O&M inspections and light repairs.

PART 3 SERVICE OF MANUFACTURER 3.1 EXECUTION:

A. The floating rotors shall be installed by the Owner in accordance with the manufacturer’s written recommendations. The Manufacturer shall be responsible for assuring proper alignment and tolerances as set forth in the installation instructions.

END OF SECTION

13123-1

SECTION 13123 FIBERGLASS SHELTERS PART 1 GENERAL 1.01 WORK INCLUDED

A. Prefabricated fiberglass reinforced-plastic shelter for chemical feed and control building. 1.02 RELATED SECTIONS

A. DIVISION 3 - CONCRETE.

B. Section 11354 - CHLORINATION SYSTEM.

C. DIVISION 16 - ELECTRICAL. PART 2 PRODUCTS 2.01 FIBERGLASS SHELTER

A. Shelter shall be prefabricated fiberglass reinforced plastic type of the dimensions indicated on the drawings. Shelter shall be factory fabricated with doors and openings as indicated. The unit shall be capable of resisting a 125 mph wind load. Doors shall be hinged and equipped with locks.

PART 3 EXECUTION 3.01 FIBERGLASS SHELTER

A. Shelters shall be 30"x 78" with two separate rooms each. Shelters shall have fiberglass laminated foam throughout (1.2"), full fiberglass floor, stainless steel piano hinge (60"x3"), gasketed doors (72"x30"), stainless steel locking handles for padlocks, upper and lower vents (both compartments), and a permanent chlorine danger sign on the doors. Shelters shall sit on 96"x60"x4" thick concrete slabs with 6x6 wire mesh in the center of the slab. Shelter shall be attached with anchor bolts. All wall penetrations and interior wall shall be sealed to prevent the passage of gas. All electrical and mechanical equipment shall be attached as recommended by the manufacturer of the shelter.

END OF SECTION

SECTION 15420

PLUMBING EQUIPMENT 1. PART 1 - GENERAL

1.1 RELATED DOCUMENTS

1.1.1 Drawings and general provisions of the Contract, including Division 1 Specifications Sections, apply to this section.

1.2 DESCRIPTION OF WORK

1.2.1 Provide labor, material, equipment, permits, and fees required to furnish and install the system shown on drawings and specified.

2. PART 2 - PRODUCTS

2.1 SEWAGE PUMP - DUPLEX (SUBMERSIBLE)

2.1.1 General: Furnish and install Two (2) Goulds WS5032D3 Series 3" submersible sewage pump (or approved equal) in cast-iron housing with cast-iron impeller, mounted on a stainless steel shaft. The pump shall have upper and lower heavy duty ball bearings with dual silicon carbide seals. The pump shall be 5HP, 230 Volt 3 phase, 16.4 amps, 275 GPM at 40' TDH. 2.5" solids handling, and designed for continuous operation.

2.1.2 Qualifications: All pump manufacturers must be pre-qualified by the engineer in order to qualify as acceptable manufacturers. Pre-qualification shall be no later than two (2) days prior to bid date for this project. Failure to pre-qualify will be grounds for disqualification after the bid opening date. All decisions of qualification shall reside with the engineer of record at time of bidding.

2.1.3 Pump design: Pump shall have 3 inch ansi discharge flange and shall be capable of handling sewage containing non-abrasive 2.5 inch maximum solids.

2.1.4 Mechanical shaft seals: The motor shall be protected by two independent sets of mechanical shaft seals mounted in tandem on the pump shaft. Pump designs with one or two springs acting between rotating faces shall not be allowed as this design would allow effluent to force the seal faces apart during periods of upset or high discharge pressure. The outer mechanical seal shall be constructed of silicon carbide vs. Silicon carbide sealing faces. The inner mechanical seal shall be constructed of carbon vs ceramic sealing faces. Each set (upper and lower) shall be tensioned by an independent spring system constructed of series 300 stainless steel metal components and buna-n elastomers. The mechanical seals shall be located in a completely isolated seal oil chamber which will provide lubrication for the seal faces while simultaneously acting as an isolation zone for the stator chamber.

15420-1

15420-2

2.1.5 Impeller: The impeller shall be semi-open, two vane non-clog, with ejector (pumpout) vanes on the top of the impeller for protection of the lower mechanical seal and hydraulic balance. Due to design, only single plane spin balancing shall be required for smooth operation. The impeller shall be slip fitted to the shaft and key driven. The impeller shall be held in place with a bolt and washer system that shall secure the impeller against all axial loads imposed by the hydraulic conditions of operation.

2.1.6 Major casting materials: The impeller, casing, bearing/seal housing and motor cover shall be of astm a48 class 30 high quality cast iron for strength and long life.

2.1.7 Motor: The integral motor shall be completely sealed from the environment by use of circular cross section o-rings accurately fitted into machined grooves which shall provide designed compression of metal to metal fits. Designs which require a specific torque on the casing bolts or which require rectangular gaskets or sealing rings shall not be allowed. The motor shall be rated for continuous duty under full nameplate load while at partial submergence in the station. The motor shall be provided at the specified site conditions of 230 volt, 3 phase, 16.4 amps.

2.1.8 Power cable: The power cable shall be sealed at the motor end as it enters the motor casing by a two part barrier to moisture intrusion. The first line of defense shall be the compression of the oil and chemical resistant grommet which shall seal the outer jacket of the power cord. In the event that the outer jacket of the power cord should become damaged, then the second line of defense shall be the epoxy poured isolated conductors within the jacketed cable itself. The insulation shall be removed from the individual conductors and the epoxy shall be allowed to from a leak-proof seal against wicking of the power cable between the outer jacket and the insulation of the individual conductors. The outer jacket of the power cord shall be oil resistant and water resistant. The power cable shall be rated for NEC severe service “s”, type “stow”. The power cable shall be 50' long.

2.1.9 Lifting chain: The pump supplier shall supply stainless steel lifting chain with the pump.

2.1.10 Float switches: See Section 17000.

3. PART 3 - EXECUTION

3.1 Install equipment in accordance with manufacturer's recommendations.

END OF SECTION

16000-1

SECTION 16000

PART 1 - BASIC ELECTRICAL MATERIALS AND METHODS

1 GENERAL

1.1 ELECTRICAL SPECIFICATIONS

The electric supply will be 120/240 volts, three-phase, four-wire, 60 Hertz. The Contractor shall contact the power company prior to bidding and include in his bid the cost of labor and material necessary to supply the plant with electricity, including any cost which may be assessed by the power company for installation of power company furnished material. The Contractor shall coordinate all aspects of the construction concerning the electric service with the power company. The Approval Drawings shall include all details of the power company electric service and all associated equipment (to include all pole types and locations, switches, fuses, wire sizes and types, etc.) anywhere on the plant property.

1.2 TEMPORARY ELECTRIC SERVICE:

The Temporary Electric Service for construction power shall be furnished, installed, and removed by the electrical contractor. Also, Contractor, shall make all necessary arrangements with the power company for metering and billing and provide for these charges and cost in his bid.

1.3 TESTING AND INSPECTIONS:

Contractor shall assist in making periodic inspections or tests as required by the Engineer. When required, Contractor shall provide the assistance of foreman and qualified craftsmen for reasonable duration of each test, etc. Cooperate with other Contractors in preventing premature operation of equipment like water process equipment, etc., which should be first run in presence of personnel responsible for each item.

After wiring is completed, the Contractor shall test for shorts and open circuits, intentional and unintentional grounds. All shorts, open circuits, and unintentional grounds shall be corrected.

1.4 GUARANTEE

Workmanship and materials shall be guaranteed for period of one year from date of official acceptance of contract. Be responsible for any adjustments, replacements and corrections necessary to restore project to first-class condition if deficiency is due to faulty workmanship or materials.

1.5 CONDUIT SYSTEMS

Use galvanized or sheradized steel conduit in damp locations, exterior walls, exposed out of doors or when subject to mechanical damage after installation. Underground runs, use PVC, schedule 80 incased in concrete per NEMA standards and buried at required depth per NEMA standards. Provide electrical line red warning tape buried six (6) inches above conduit run. Protect conduits against entry of debris; keep ends capped during construction; clear or replace obstructed conduits.

Size and install conduits so that conductors may be installed without damage or excessive strain, using NEC as a minimum standard. For rigid conduit use double lock nut and bushings. For conduits larger than 1", use grounding type insulation bushing. Entire conduit system shall provide a dependable path to ground. EMT fittings shall be watertight type, T&B 5100 series. Crimped or set screw types are not acceptable.

16000-2

Ream ends after threading, make bends with an approved bending tool. Replace deformed bends or off-sets. Avoid hot water pipes, stay at least 3" from covering of hot pipes except as crossing, then at least 1".

1.6 PULL BOXES AND JUNCTION BOXES

Pull boxes shall be code gauge and size galvanized steel and shall be installed where accessible and in location shown on the drawings or where required to facilitate the easy pulling of wires. Boxes shall be sized properly for the conduits and wires entering them. In outdoor and process areas use weatherproof and corrosion resistant boxes.

1.7 OUTLET BOXES

On exposed conduit in process areas, use Crouse-Hinds No. FS or FD or other galvanized steel types. All boxes galvanized, or cadmium plated, or better.

1.8 CONDUCTORS AND GENERAL WIRING METHODS

Type THW 600-volt copper wire for general use and types THHN 600-volt copper for High Ambient Temperature; where Contractor sizes conduit based on conductor required, basis is type THW. Approved manufacturers, Triangle, General Cable, Collyer, National Electric Products, or approved equal. Size, type and trade name stamped permanently at regular intervals on all conductors. All wire shall be color coded.

Install wire in conduit after all work which may cause damage is completed. Powdered talc or other approved compound may be used as lubricant where necessary.

Make joints and splices in conductors with approved insulating type compression fittings, T&B, Sta-kon, or Buchanan splice caps. Wire-nuts are not acceptable.

1.9 GROUNDING AND BONDING REQUIREMENTS In order to provide a safe and reliable system, all structures, piping, equipment and electrical

services involved must be properly grounded and bonded to a properly sized and installed grounding electrode system.

All work will comply with every facet of the National Electric Code Article 250, current edition.

Particular attention must be given to sections 250.56 and 250.58. The article 250 requirement for a ground resistance of 25 ohms or less shall be considered as the

minimum and a resistance of 4 ohms or less shall be the goal. This resistance will be measured with equipment using a three point resistance measurement and “fall of potential” system.

Ground and elevated water tanks are a major source of danger and damage due to lightning and

transient voltages. Because of this, these structures will have as a minimum, a ground ring completely around the structure consisting of #2/0 bare copper wire and 10 foot long by ¾” diameter copper clad ground rods. The rods shall be spaced no more than 12 feet apart. There will be at least 4 radials to the tank legs or structure. All connections will be exothermic (Cadweld) performed by qualified personnel. All devices located at these tanks will be bonded to the ring.

All motor control centers and control panels shall have as a minimum, a ground ring near the structure or building consisting of #2/0 bare copper and 10 foot long by ¾” diameter copper clad ground rods. There will be at least three (3) ground rods spaced no more than twelve (12) feet apart to make a grounding “ring”. All connections will be exothermic (Cadweld) performed by qualified personnel. All devices located near the structure or building shall be bonded to the ground ring.

Other structures will have a grounding system appropriate for the location per the National

16000-3

Electric Code article 250. Conduit work, motors, panel boards and electrical equipment are to be effectively and

permanently grounded. Feeder conduits shall provide a good path to system ground. The grounding screw on all grounding type receptacles shall be securely grounded to the outlet

box with lug and screw, or use self-grounding types. Verify electrical continuity of all conduit runs and correct any discrepancies. The Contractor shall be responsible for determining the extent of grounding and bonding

requirements for equipment located at the site(s) covered under the contract(s) as listed herein. The Contractor shall provide for these charges, and cost in his bid.

1.10 EXCAVATION AND BACKFILLING

Excavate trenches for underground conduit or cable to required depth and width. After conduit of cable has been installed, inspected, and approved, backfill trench with earth free of trash, rock, brick and debris, and compact as required. Under slab, follow compaction rules for general work on this project. Underground workmanship applies under slab; depth can be reduced, but provide full and complete encasement. Bond conduit to any membrane passed through.

1.11 CLEANING

As required, clean all equipment or exposed material provided or installed under this section. Protect from any normal use of paint, mortar, etc.

1.12 WORKMANSHIP

All work shall be done in a thorough, substantial, and workmanlike manner by competent workmen. Applicable rules of National Electric Code apply as minimum standard for this contract but do not replace or reduce any specific requirement herein.

1.13 INTERFERENCES

The drawings are generally diagrammatic. Cooperate with other trades so that interferences of conduit, equipment, piping, etc., will be avoided. If interference develops, refer promptly to Engineer for decision.

END OF SECTION

16060-1

SECTION 16060

GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS PART 1 – GENERAL 1.1 DESCRIPTION

A. This section specifies the general grounding and bonding requirements for electrical equipment and operations to provide a low impedance path for possible ground fault currents.

B. “Grounding electrode system” refers to all electrodes required by NEC, as well as made, supplementary, and lightning protection system grounding electrodes. The terms “connect” and “bond” are used interchangeably in this specification and have the same meaning.

1.2 RELATED WORK

A. Section 16000 – Basic Electrical Materials and Methods B. Section 17000 – Process Instrumentation and Control

1.3 SUBMITTALS

A. Shop Drawings: 1. Clearly present enough information to determine compliance with drawings and

specifications. 2. Include the location of system grounding electrode connections and the routing

of aboveground and underground grounding electrode conductors. B. Test Reports: Provide certified test reports of ground resistance. C. Certifications: Two weeks prior to final inspection, submit four copies of the following to

the Project Engineer: 1. Certification that the materials and installation are in accordance with the

drawings and specifications. 2. Certification by the Contractor that the complete installation has been properly

installed and tested.

1.5 APPLICABLE PUBLICATIONS

Publications listed below (including amendments, addenda, revisions, supplements, and errata) form a part of this specification to the extent referenced. Publications are referenced in the text by designation only. A. American Society for Testing and Materials (ASTM):

B1-07……………Standard Specification for Hard-Drawn Copper Wire B3-07……………Standard Specification for Soft or Annealed Copper Wire B8-04……………Standard Specification for Concentric-Lay-Stranded Copper

Conductors, Hard, Medium-Hard, or Soft B. Institute of Electrical and Electronics Engineers, Inc. (IEEE):

81-1983………….IEEE Guide for Measuring Earth Resistivity, Ground Impedance, and Earth Surface Potentials of a Ground System

C2-07……………National Electrical Safety Code C. National Fire Protection Association (NFPA):

70-08…………….National Electrical Code (NEC) 99-2005………….Health Care Facilities

D. Underwriters Laboratories, Inc. (UL):

16060-2

44-05…………….Thermoset-Insulated Wires and Cables 83-08…………….Thermoplastic-Insulated Wires and Cables 467-07…………...Grounding and Bonding Equipment 486A-486B-03…..Wire Connectors

PART 2 – PRODUCTS 2.1 GROUNDING AND BONDING CONDUCTORS

A. Equipment grounding conductors shall be UL 44 or UL 83 insulated stranded copper, except that sizes No. 10 AWG [6 mm²] and smaller shall be solid copper. Insulation color shall be continuous green for all equipment grounding conductors, except that wire sizes No. 4 AWG [25 mm²] and larger shall be identified per NEC.

B. Bonding conductors shall be ASTM B8 bare stranded copper, except that sizes No. 10 AWG [6 mm²] and smaller shall be ASTM B1 solid bare copper wire.

C. Conductor sizes shall not be less than shown on the drawings, or not less than required by the NEC, whichever is greater.

D. Isolated Power Systems (if applicable): Type XHHW-2 insulation with a dielectric constant of 3.5 or less.

2.2 GROUND RODS

A. Steel or copper clad steel, 0.75 in [19 mm] diameter by 10 ft [30 M] long, conforming to UL 467.

B. Quantity of rods shall be as required to obtain the specified ground resistance, as shown on the drawings.

2.3 CONCRETE ENCASED ELECTRODE

Concrete encased electrode shall be No. 4 AWG bare copper wire, installed per NEC.

2.4 GROUND CONNECTIONS

A. Below Grade: Exothermic-welded type connectors. B. Above Grade:

1. Bonding Jumpers: Compression-type connectors, using zinc-plated fasteners and external tooth lockwashers.

2. Connection to Building Steel: Exothermic-welded type connectors. 3. Ground Busbars: Two-hole compression type lugs, using tin-plated copper or

copper alloy bolts and nuts. 4. Rack and Cabinet Ground Bars: One-hole compression-type lugs, using zinc-

plated or copper alloy fasteners.

2.5 EQUIPMENT RACK AND CABINET GROUND BARS

Provide solid copper ground bars designed for mounting on the framework of open or cabinet-enclosed equipment racks with minimum dimensions of 0.375 in [4 mm] thick x 0.75 in [19 mm] wide.

16060-3

2.6 GROUND TERMINAL BLOCKS

At any equipment mounting location (e.g., backboards and hinged cover enclosures) where rack-type ground bars cannot be mounted, provide screw lug-type terminal blocks.

2.7 GROUNDING BUS

Pre-drilled rectangular copper bar with stand-off insulators, minimum 0.25 in [6.3 mm] thick x 4 in [100 mm] high in cross-section, length as shown on drawings, with 0.281 in [7.1 mm] holes spaced 1.125 in [28 mm] apart.

PART 3 – EXECUTION 3.1 GENERAL

A. Ground in accordance with the NEC, as shown on drawings, and as specified herein. B. System Grounding:

1. Secondary service neutrals: Ground at the supply side of the secondary disconnecting means and at the related transformers.

2. Separately derived systems (transformers downstream from the service entrance): Ground the secondary neutral.

C. Equipment Grounding: Metallic structures, including ductwork and building steel, enclosures, raceways, junction boxes, outlet boxes, cabinets, machine frames, and other conductive items in close proximity with electrical circuits, shall be bonded and grounded.

3.2 INACCESSIBLE GROUNDING CONNECTIONS

Make grounding connections, which are normally buried or otherwise inaccessible (except connections for which access for periodic testing is required), by exothermic weld.

3.3 SECONDARY VOLTAGE EQUIPMENT AND CIRCUITS

A. Main Bonding Jumper: Bond the secondary service neutral to the ground bus in the service equipment.

B. Metallic Piping, Building Steel, and Supplemental Electrode(s): 1. Provide a grounding electrode conductor sized per NEC between the service

equipment ground bus and all metallic water pipe systems, building steel, and supplemental or made electrodes. Provide jumper insulating joints in the metallic piping. All connections to electrodes shall be made with fittings that conform to UL 467.

2. Provide a supplemental ground electrode and bond to the grounding electrode system.

C. Service Disconnect (Separate Individual Enclosure): Provide a ground bar bolted to the enclosure with lugs for connecting the various grounding conductors.

D. Switchgear, Switchboards, Panelboards, Motor Control Centers and Panelboards, Engine-Generators, and Automatic Transfer Switches: 1. Connect the various feeder equipment grounding conductors to the ground bus

in the enclosure with suitable pressure connectors. 2. For service entrance equipment, connect the grounding electrode conductor to

the ground bus. 3. Provide ground bars, bolted to the housing, with sufficient lugs to terminate the

equipment grounding conductors.

16060-4

4. Connect metallic conduits that terminate without mechanical connection to the housing, by grounding bushings and grounding conductor to the equipment ground bus.

E. Transformers: 1. Exterior: Exterior transformers supplying interior service equipment shall have

the neutral grounded at the transformer secondary. Provide a grounding electrode at the transformer.

2. Separately derived systems (transformers downstream from service equipment): Ground the secondary neutral at the transformer. Provide a grounding electrode conductor from the transformer to the nearest component of the grounding electrode system or to the ground bar at the service equipment.

3.4 RACEWAY

A. Conduit Systems: 1. Ground all metallic conduit systems. All metallic conduit systems shall contain

an equipment grounding conductor. 2. Non-metallic conduit systems, except non-metallic feeder conduits that carry a

grounded conductor from exterior transformers to interior or building-mounted service entrance equipment, shall contain an equipment grounding conductor.

3. Conduit that only contains a grounding conductor, and is provided for its mechanical protection, shall be bonded to that conductor at the entrance and exit from the conduit.

4. Metallic conduits which terminate without mechanical connection to electrical equipment housing by means of locknut and bushings or adapters, shall be provided with grounding bushings. Connect bushings with a bare grounding conductor to the equipment ground bus.

B. Feeders and Branch Circuits: Install equipment grounding conductors with all feeders and power and lighting branch circuits.

C. Boxes, Cabinets, Enclosures, and Panelboards: 1. Bond the equipment grounding conductor to each pullbox, junction box, outlet

box, device box, cabinets, and other enclosures through which the conductor passes (except for special grounding systems for intensive care units and other critical units shown).

2. Provide lugs in each box and enclosure for equipment grounding conductor termination.

D. Wireway Systems: 1. Bond the metallic structures of wireway to provide 100% electrical continuity

throughout the wireway system, by connecting a No. 6 AWG [16 mm²] bonding jumper at all intermediate metallic enclosures and across all section junctions.

2. Install insulated No. 6 AWG [16 mm²] bonding jumpers between the wireway system, bonded as required above, and the closest building ground at each end and approximately every 50 ft [16 M].

3. Use insulated No. 6 AWG [16 mm²] bonding jumpers to ground or bond metallic wireway at each end for all intermediate metallic enclosures and across all section junctions.

4. Use insulated No. 6 AWG [16 mm²] bonding jumpers to ground cable tray to column-mounted building ground plates (pads) at each end and approximately every 49 ft [15 M].

E. Receptacles shall not be grounded through their mounting screws. Ground receptacles with a jumper from the receptacle green ground terminal to the device box ground screw and a jumper to the branch circuit equipment grounding conductor.

F. Ground lighting fixtures to the equipment grounding conductor of the wiring system when the green ground is provided; otherwise, ground the fixtures through the conduit systems. Fixtures connected with flexible conduit shall have a green ground wire included with the power wires from the fixture through the flexible conduit to the first outlet box.

16060-5

G. Fixed electrical appliances and equipment shall be provided with a ground lug for termination of the equipment grounding conductor.

H. Raised Floors: Provide bonding of all raised floor components (if applicable).

3.5 OUTDOOR METALLIC FENCES AROUND ELECTRICAL EQUIPMENT

Fences shall be grounded with a ground rod at each fixed gate post and at each corner post. Drive ground rods until the top is 12 in [300 mm] below grade. Attach a No. 4 AWG [25 mm²] copper conductor by exothermic weld to the ground rods, and extend underground to the immediate vicinity of fence post. Lace the conductor vertically into 12 in [300 mm] of fence mesh and fasten by two approved bronze compression fittings, one to bond the wire to post and the other to bond the wire to fence. Each gate section shall be bonded to its gatepost by a 0.375 in x 1 in [3 mm x 25 mm] flexible, braided copper strap and ground post clamps. Clamps shall be of the anti-electrolysis type.

3.6 CORROSION INHIBITORS

When making ground and ground bonding connections, apply a corrosion inhibitor to all contact surfaces. Use corrosion inhibitor appropriate for protecting a connection between the metals used.

3.7 CONDUCTIVE PIPING

A. Bond all conductive piping systems, interior and exterior, to the grounding electrode system. Bonding connections shall be made as close as practical to the equipment ground bus.

B. In operating rooms and at intensive care and coronary care type beds, bond the gases and suction piping at the outlets directly to the room or patient ground bus.

3.8 LIGHTNING PROTECTION SYSTEM

Bond the lightning protection system to the electrical grounding electrode system. 3.9 ELECTRICAL ROOM GROUNDING

Building Earth Ground Busbars: Provide ground busbar and mounting hardware at each electrical room and connect to pigtail extensions of the building grounding ring.

3.10 EXTERIOR LIGHT POLES

Provide 20 ft [6.1 M] of No. 4 bare copper coiled at bottom of pole base excavation prior to pour, plus additional unspliced length in and above foundation as required to reach pole ground stud.

3.11 GROUND RESISTANCE

A. Grounding system resistance to ground of 25 ohms or less shall be considered as the minimum and a resistance of 5 ohms or less shall be the goal. Make any modifications or additions to the grounding electrode system necessary for compliance without additional cost to the Customer. Final tests shall ensure that this requirement is met.

16060-6

B. Resistance of the grounding electrode system shall be measured using a four-terminal fall-of-potential method as defined in IEEE 81. Ground resistance measurements shall be made before the electrical distribution system is energized and shall be made in normally dry conditions not fewer than 48 hours after the last rainfall. Resistance measurements of separate grounding electrode systems shall be made before the systems are bonded together below grade. The combined resistance of separate systems may be used to meet the required resistance, but the specified number of electrodes must still be provided.

C. Services at power company interface points shall comply with the power company ground resistance requirements.

D. Below-grade connections shall be visually inspected by the Project Engineer prior to backfilling. The Contractor shall notify the Project Engineer 24 hours before the connections are ready for inspection.

3.12 GROUND ROD INSTALLATION

A. For outdoor installations, drive each rod vertically in the earth, until top of rod is 24 in [609 mm] below final grade.

B. For indoor installations, leave 4 in [100 mm] of rod exposed. C. Where permanently concealed ground connections are required, make the connections

by the exothermic process, to form solid metal joints. Make accessible ground connections with mechanical pressure-type ground connectors.

D. Where rock prevents the driving of vertical ground rods, install angled ground rods or grounding electrodes in horizontal trenches to achieve the specified resistance.

END OF SECTION

17000-1

SECTION 17000

PROCESS INSTRUMENTATION AND CONTROL

PART 1 – GENERAL 1.1 WORK INCLUDED

The work covered under this section of the specifications includes the furnishing and installing of all instrumentation and control hereinafter specified to perform the intended function.

1.2 RELATED WORK

Section 16000 – Electrical PART 2 – PRODUCTS 2.1 SYSTEM SUPPLIER

A. All instrumentation and control systems equipment shall be furnished by a System Supplier. The System Supplier shall provide and be responsible for the proper operation of all Process Instrumentation and Controls and Control Panels. The System Supplier shall perform in house submittal drawings and assembly of products. Subcontracting submittal drawings and equipment assembly will not be permitted.

B. Substitutions of functions or equipment specified will not be acceptable. C. The entire system shall be warranted for one year from date of substantial completion.

D. The Contractor shall assign full responsibility for the function operation of all new

instrumentation and control systems to a System Supplier. This System Supplier shall be responsible for all coordination necessary in order to select, to furnish, to supervise installation and connections, to calibrate, and to place into operation all instrumentation and controls along with all other equipment and accessories as specified herein. The System Supplier shall be a licensed electrical contractor in the state of Mississippi.

E. The System Supplier shall be one of established favorable reputation who has designed

and produced similar systems and components for a period of at least (10) ten years. Guarantee on system function and equipment shall be one (1) year from date of substantial completion.

2.2 SUBMITTAL DRAWINGS

A. Descriptive literature and drawings for equipment and systems being furnished under this section shall be included in two submittals as a maximum. If two submittals are made, the first shall include all primary devices, transmitters, sensors, and field mounted equipment. The second submittal will include the balance of the submittal required. The submittal shall include as a minimum, equipment specifications, dimensional drawings, flow and other calculations, schematic drawings of each and every system within the complete offering, and such other information requested by the Engineer or considered necessary to the proper installation of the equipment. Furnish submittals in a Bound Booklet Form 8.5” X 11”. No sheets shall be larger than 8.5” X 11”. Foldout larger sheets will not be acceptable. This submittal shall include coordinated information and drawings for all items that the Single Source System Supplier is required to furnish under this section of the specifications, all in one integrated and coordinated manual. Each item of a submittal shall carry the appropriate title and be indexed against the appropriate specification item.

17000-2

B. A quantity of eight (8) sets of submittals shall be furnished for the Engineer's approval.

2.3 INSTRUCTION MANUALS

Prior to 65% of the value of job completion, System Supplier shall furnish two (2) copies to the Engineer and one (1) copy to the Owner of all descriptive matter and complete system operation instruction manuals in separate indexed binders coordinated with the equipment that is furnished and installed for approval. System Supplier shall incorporate Engineer's comments and resubmit for approval within thirty (30) days of receipt of Engineer's comments. Once final approval is obtained, System Supplier shall furnish two (2) copies to the Owner and two (2) to the Engineer.

2.4 RELATED SYSTEM COMPONENTS

The attention of the System Supplier is called to sections concerned with electrical work, chemical feeders, valves, piping, etc., and such other devices not specified under this section, but related to it.

PART 3 – EXECUTION 3.1 ENGINEERING SUPERVISION

A. The services of a qualified representative of the selected Single Source System Supplier shall be provided to inspect the completed installation, suggest all adjustments necessary to place the system in proper operation, and instruct operating personnel in the care and operation of the equipment furnished. A minimum of one (1) day and one (1) trip start-up service and training operating personnel shall be included. The services shall be furnished by the Contractor as a part of the work included under this section of the specifications.

B. The System Supplier shall show satisfactory evidence that he maintains, a fully equipped

factory organization capable of furnishing adequate service for the equipment furnished, included replacement parts.

3.2 GENERAL INSTALLATION

A. Installation of instrumentation and controls shall be in strict compliance with the manufacturer's instruction. The locations of these items as shown on the Contract Drawings are approximate only. Exact locations shall be as approved by the Engineer during construction. It is the duty of the Contractor to obtain, in the field, all relevant information required for proper placement of instrumentation and controls. In the case of interference with other work, proceed as instructed by the Engineer and provide all materials and labor required to prevent construction delays.

B. Execution of the installation shall be in full accordance with codes and local rulings. The

Contractor shall be responsible for any expenses that are a result of work performed contrary to said codes and regulations.

C. The System Supplier shall coordinate with the Contractor the installation, the location of

process equipment, and connections of process equipment to related equipment panels, subject to the Engineer's approval. The equipment being furnished with electrical controls or instrumentation must be submitted to the System Supplier for approval and coordination with all other control and instrumentation on this project. This engineer will not approve any equipment submittal until this coordination has been accomplished.

3.3 SPARE PARTS

A one-year supply of manufactures’ recommended spare parts shall be provided. The spare

17000-3

parts shall be packaged for long-term storage and shall be protected against humidity and temperature. A spare parts list shall be furnished listing manufacture, device model number, part number and quantity supplied.

3.4 DELIVERY AND HANDLING

After delivery to the jobsite, the Contractor shall store the control panel off of the ground in a dry location until such time as it is mounted and supplied with electrical service. The contractor shall also insure that the pump power and control cords, as well as control floats, are protected from submergence until they are properly installed and sealed.

3.5 CONTROL PANEL STAND

Each control panel stand shall be fabricated per the detail indicated in the plans. Control panel stand legs shall be cemented into the ground a minimum of three feet (3’) deep. The control panel shall be bolted at all four corners to the control panel stand with stainless steel hardware. Control panels shall be installed following manufacturer’s instructions properly leveled. When installed, the bottom of the control panel shall be approximately four feet (4’) above finished grade elevation.

PART 4 - CONTROL PANEL SPECIFICATIONS 4.1 GENERAL

A. Enclosure shall be constructed of a minimum 14 gauge, type 304 stainless steel. Seams

shall be continuously welded and ground smooth. Provide a seamless form-in-place gasket to assure water tight and dust tight seal. Provide a rolled lip around three sides of door and all sides of enclosure opening to exclude liquids and contaminants. Provide an internal 3-point latch and type 316L stainless steel padlocking powerglide handle to assure security and a water-tight seal while still allowing convenient access. Door shall be removable by pulling a stainless steel continuous hinge pin. Enclosure shall have a #4 brushed finish. The enclosure shall be rated NEMA 4X and be manufactured by Stahlin, Hoffman or approved equal.

B. All power and control wires shall be stranded copper type MTW. All wiring shall be in

covered plastic wireway.

C. All points necessary for external connection in the controller, whether power or control, shall be wired to a terminal strip located at the top or bottom of the enclosure as directed by the engineer. The terminal strip shall be permanently marked with the same designation as the wire connected to it.

D. All power and control wires shall be marked at both ends using self-adhering wire

markers. No two wires having different functions within the control panel shall have the same markings.

E. All circuit breakers, starters, and other control devices mounted within the controller

panel shall be labeled for identification both within the panel and on the wiring schematic with corresponding designations.

F. Control power shall be 120 volts and shall be protected by a correctly sized circuit

breaker. If required, provide a properly sized control power transformer with primary over current protection.

G. Each starter shall be provided with overload protection in all three phases and each

individual starter shall have phase failure protection.

H. All selector switches, pilot lights and control devices shall be visible and operable from

17000-4

the Controller exterior door or an interior deadfront panel when required. The deadfront panel shall be constructed of anodized aluminum and shall have a continuous aluminum hinge. An anodized aluminum deadfront shall be utilized when the Controller environment is not conducive to exposed controls or as specified on drawings.

I. All approval drawings shall be prepared per J.I.C. standards for engineers review prior to

any fabrication of control equipment. The Controller shall be produced by a UL 508 listed shop. Proof of label availability shall be submitted with above drawing.

J. The controller manufacturer shall provide a written warranty with approval drawings

covering all Control materials and parts furnished for a period ending one year after final acceptance of the project. This warranty shall cover all material replacement, all labor, and all travel expenses.

K. The controller manufacturer shall show satisfactory evidence that he maintains a fully

equipped factory organization capable of furnishing adequate service for the equipment furnished, including replacement parts within a 150 mile radius of the job site. Suppliers employing outside organizations for “ON CALL” service shall not be considered.

L. The quality establishing brand for the control panel(s) shall be that as manufactured by

Control Systems, Inc. of Jackson, MS. 4.2 NEW CONTROL PANEL

A. SERVICE ENTRANCE: The control panel shall be designed for 120/240-volt, three-phase, four-wire power. The control panel shall be rated NEMA 4X stainless steel, as indicated on drawing.

B. MAIN BREAKER: Provide a properly sized Main Breaker, as shown on the drawings. In addition, provide a through the door operator mounted on the interior deadfront. The operator shall prevent the deadfront from being opened while the breaker is in the “ON” position.

C. SERIVCE ENTRANCE EQUIPMENT: Provide a service entrance Lightning Arrestor (LA)

and Power Monitor (PM), both per Component Specifications. During voltage monitor failure detection, no three-phase motors shall be allowed to operate.

D. MOTOR CONTROLS, : Provide a combination circuit breaker and NEMA rated motor

starter with Class 10, ambient compensated overload protection and individual phase failure protection for each motor. In addition, provide the following equipment and controls.

1. Each motor shall be controlled by a Simplex Controller with 7-day programmable

time clock option , per Component Specifications. In the automatic mode, the motor shall operate based upon field adjustable time settings (on/off) on the programmable time clock.

2. Each motor shall have an Elapsed Time Meter, per Component Specifications, to indicate total run time.

3. 3 Phase Motors to be controlled by panel include (2) 5 HP Submersible

Sewage Pumps. 4. Note: The Submersible Sewage pumps will be controlled by floats as typical in

wet well installation. One low level float shall be installed as a motor lock-out only.

17000-5

E. BRANCH CIRCUIT BREAKERS: Provide the following 120-volt single-pole circuit

breakers as shown on the drawing.

1. 20 Amp, 1-pole for Control Power 2. 20 Amp, 1-pole for SPARE

F. ADDITIONAL EQUIPMENT: Provide means to automatically open solenoid valve when sewage pumps are started in either Automatic mode or Manual mode.

G. COMMON ALARM LIGHT: Provide an outside alarm light mounted on the side of the

enclosure or as directed by the project engineer. The alarm light shall burn dim and steady during normal conditions to indicate electrical power “ON” and lamp good. During any alarm condition, the alarm light shall flash brightly.

PART 5 – COMPONENT SPECIFICATIONS 5.01 LIGHTNING ARRESTOR

Arrestor shall be Silicon Oxide Varistor type, having current rating of 100,000 Amperes and 3,000 Joules maximum energy per pole. Response time to clamp 100 amps shall be 10 nanoseconds; response time to clamp 50,000 amps shall be 25 nanoseconds. The case material shall be PVC and the arrestor shall be designed for 125-250 Volt, single phase, 2 or 3 wire service.

TAG SERVICE

LA Lightning Arrestor

5.02 PHASE FAILURE/UNBALANCE/UNDER VOLTAGE/REVERSAL RELAY

Phase monitor shall be designed to protect 3-phase motors regardless of size and for use with 200 – 240 or 425 – 485 VAC, 50 to 60 Hz motors to prevent damage. The unit shall constantly monitor the three phase voltages to detect harmful power line conditions, caused by single phasing, low voltage, phase reversal and voltage unbalance. When a harmful condition is detected, an output relay is deactivated after a trip delay. The output relay shall reactivate after power line conditions return to an acceptable level for the specified Restart Delay. The trip delay shall prevent nuisance tripping due to rapidly fluctuating power line conditions. Phase monitor shall have the following features and functions.

A. Under Voltage:

Trip: -15% of setting for 230V (-10% for 480V) Reset: -12% of setting for 230V (-8% for 480V)

B. Over Voltage: Trip: -15% of setting for 230V (-10% for 480V) Reset: -12% of setting for 230V (-8% for 480V)

C. Phase Unbalance: Trip: 7% with 5 second trip delay 15% with 1 second trip delay Reset: 6%

D. Trip Delay: 5 seconds (delay is reduced to 1 second if Phase Unbalance is 15% or greater)

E. Reset Delay: 2 seconds standard (5-60 seconds optional)

F. Voltage Range: 200V to 240V or 425V to 525V G. Output Rating: 10A resistive @ 240VAC 6A resistive @ 240VAC H. Operating Temp: -40ºC to +50ºC, -38ºF to +122ºF

17000-6

I. Storage Temp: -45ºC to +85ºC, -47ºF to +185ºF J. Enclosure: Lexan, surface mount K. UL and cUL listed

TAG SERVICE PM Electrical System Power Monitor 5.03 DUPLEX CONTROLLER

Provide a Duplex Controller including the following features.

A. Manual-Off-Automatic selector switch, green “Running” pilot light, red “Failure” pilot light,

and an amber “Call” pilot light.

B. Control inputs shall be optically isolated and their power limited to 24V DC with a maximum current of 16mA DC for intrinsic safety.

C. Provide Common Alarm controls, which include a dry-contact output and flashing exterior

alarm light output. The controls shall activate the dry-contact output and flash the alarm light output during aerator failure.

D. Provide a failure dry-contact output and flashing alarm indicator. The failure controls

shall energize the dry-contact output, flash the failure alarm indicator and energize the common alarm circuitry if the motor fails to run when called for while in the Automatic mode of operation.

E. The Manual-Off-Automatic switch shall bypass all of the controls and energize the motor

call-for dry-contact output when placed in the Manual position. In the Manual and Off positions the motor failure alarm shall be disabled.

F. The Manual-Off-Automatic switch shall be used to reset a motor failure alarm after the

failure condition has been cleared, by manually switching the motor to the Off position and back to Automatic.

G. Provide a field adjustable time delay to prevent motor failure signal from being activated

until the controller has had time to receive a “Running” signal. The timing range shall be adjustable from 5 seconds to 5.25 minutes. During failure conditions, provide the following controls.

1. Red “Failure” pilot light on face of controller shall flash when activated. 2. Activate the Common Alarm relay and exterior flashing light output. 3. Provide a dry type contact closure for remote alarming that will activate during

“Failure” condition.

H. The Duplex Controller shall be solid state and easily replaceable. Conventional relay and/or timer construction is not acceptable.

DUPLEX PUMP CONTROLLER OPTION SC7DP: Provide an integral seven-day programmable timer, containing the following features:

A. The timer shall be quartz controlled, solid-state, nameplate-mounted unit with a seven

segment, 9 mm liquid crystal display (LCD), manual override switch and battery backup.

B. The display shall indicate the time of day, the day of the week and indicate when the load is “On” or “Off”.

C. Programs shall include six on and six off times along with four block program variations

allowing up to 84 weekly events, or six on and off commands per day.

17000-7

D. The battery shall be a rechargeable type and shall maintain the timer programming for at

least 7 days in case of a power failure. During the power failure time, the programmed switching events shall be carried out even though the load will not be activated.

E. Provide battery-charging controls to automatically recharge the timer battery during

normal power conditions.

F. The manual override switch shall not affect the program settings.

The output of the timer shall be a dry‐contact type to allow for easy adaptability to user needs.

5.04 ELAPSED TIMER METERS: Elapsed time meters shall register up to 99,999.9 hours

and be of the non-reset type. The unit shall have a self-extinguishing plastic case with large white numbers on black background. Units shall be flush mounted type and be U.L. recognized.

5.05 COMMON ALARM LIGHT: Alarm Light shall be RAB catalog number

VBR100/GL100PGR or equal. Alarm light enclosure shall be constructed of die cast aluminum with a sturdy mounting bracket. Alarm light shall be suitable for wet location and comply with UL standard 1598, for hazardous locations where the lamp, socket and wiring require protection from rain, corrosive fumes, non-combustible dusts, moisture, non-explosive vapors and gases. The alarm light shall burn dim and steady during normal conditions to indicate electrical power “ON” and lamp good. During any alarm condition, the alarm light shall flash brightly. Alarm light mounted on the side of the enclosure or as directed by the project engineer.

TAG SERVICE

AL Common Alarm Light

END OF SECTION