mercier center hvac renovation - lhma.org
TRANSCRIPT
TITLE SHEET 00.01.01 1 OF 1
PROJECT MANUAL
MODERNIZATION OF HUD AIDED PUBLIC HOUSING
MERCIER CENTER
HVAC RENOVATION
U.S. HUD-AIDED DEVELOPMENT: AMP 1 Mercier Center LOWELL, MASSACHUSETTS
LOWELL HOUSING AUTHORITY
350 Moody Street Lowell, MA 01854 (978) 937-3500 FAX: (978) 937-5758 (All bids to be delivered, opened and read at this address.)
PROJECT ADDRESS: Mercier Center 21 Salem Street Lowell, MA 01854
Philip L. Shea, Chairperson Robert McMahon, Vice Chairperson Vanna Howard, Commissioner
Matthew Marr, Commissioner Joanie Bernes, Commissioner Dr. Gary K. Wallace, Executive Director
Procurement Director Rita V. Brousseau Chief Procurement Officer T: (978) 364-5341 F: (888) 364-8835 [email protected] (Note: all communication for this IFB must be by and through the Procurement Department.)
Architect CES, Inc. Jared Merry, Sr. Project Engineer One Merchants Plaza, Suite 701 Bangor, ME 04401 T: 207.989.4824
IFB RELEASE DATE: November 18, 2020 PRE-BID SITE VISIT DATE: November 30, 2020 @ 10:00 AM QUESTION DUE DATE: December 1, 2020 @ 4PM
GENERAL BIDS DUE: December 9, 2020 at 11:00 AM
All documents may be downloaded from: www.lhma.org/bids
LOWELL HOUSING
AUTHORITY IFB #2020-15
MERCIER CENTER EXTERIOR HVAC RENOVATION IFB 2020-15
TABLE OF CONTENTS
PROCUREMENT DOCUMENTS
TITLE SHEET FOR PROJECT MANUAL ........................................................................ 1
TABLE OF CONTENTS .......................................................................................... 2
ADVERTISEMENT ............................................................................................... 1
INSTRUCTIONS TO BIDDERS CONTRACTS, HUD-5369 ................................................... 5
REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS, HUD-5369-A .... 4
PREVIOUS PARTICIPATION CERTIFICATION, FORM HUD-2530 ........................................ 4
FORM OF GENERAL BID ...................................................................................... 2
NON-COLLUSIVE AFFIDAVIT OF GENERAL BIDDER ....................................................... 1
CERTIFICATE OF TAX COMPLIANCE .......................................................................... 1
FORM W9 ....................................................................................................... 6
CONTRACT REQUIREMENTS
FORM OF CONTRACT ........................................................................................... 3
CERTIFICATE OF VOTE AUTHORIZATION ................................................................... 1
PERFORMANCE BOND .......................................................................................... 1
LABOR AND MATERIALS PAYMENT BOND .................................................................... 1
GENERAL CONDITIONS
GENERAL CONTRACT CONDITIONS FOR SMALL CONSTRUCTION, HUD-5370 ...................... 19
SUPPLEMENTARY CONDITIONS OF THE CONTRACT FOR CONSTRUCTION, HUD-92554M ......... 11
CONTRACTOR’S AFFIRMATIVE ACTION REQUIREMENTS, HUD-98198 ................................ 9
EEO CERTIFICATION, HUD-92010 ........................................................................ 2
EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS ..................................................... 3
FORM OF CONTRACTOR’S EQUAL EMPLOYMENT CERTIFICATIONS ....................................... 1
CONTRACTOR’S WEEKLY MANPOWER REPORT ............................................................. 1
SUPPLIER DIVERSITY PROGRAM, EXECUTIVE ORDER 524 ............................................... 4
SDO CERTIFIED MBE/WBE PARTICIPATION SCHEDULE ................................................ 1
SDO LETTER OF INTENT ..................................................................................... 1
CONTRACTOR’S AFFIDAVIT OF PAYMENT TO SDO ........................................................ 1
SECTION 3 PACKAGE ......................................................................................... 6
PREVAILING WAGES AND LABOR REGULATIONS
EMPLOYEE RIGHTS ............................................................................................ 1
HUD FEDERAL LABOR STANDARDS COMPLAINT INTAKE FORM, HUD-4731 ......................... 2
CERTIFIED PAYROLL FORM ................................................................................... 2
PROJECT WAGE RATE SHEET, HUD-4720 ................................................................ 1
PREVAILING WAGE AND LABOR REGULATIONS ............................................................ 1
FEDERAL LABOR STANDARDS PROVISIONS, HUD-4010 ................................................ 5
DAVIS BACON WAGE RATES, MA20200001 9/25/2020 ........................................... 15
TECHNICAL SPECIFICATIONS
SECTION 23 HVAC WORK
SECTION 23 05 00 COMMON WORK RESULTS FOR HVAC ............................................ 8
SECTION 23 05 29 HANGERS AND SUPPORTS FOR HVAC PIPING AND EQUIPMENT ............... 7
SECTION 23 05 48 VIBRATION AND SEISMIC CONTROLS FOR HVAC PIPING AND EQUIP ........ 8
SECTION 23 05 93 TESTING, ADJUSTING AND BALANCING ......................................... 14
SECTION 23 07 00 HVAC INSULATION ............................................................... 17
SECTION 23 23 00 REFRIGERANT PIPING ............................................................... 8
SECTION 23 31 13 METAL DUCTS ....................................................................... 8
MERCIER CENTER EXTERIOR HVAC RENOVATION IFB 2020-15
SECTION 23 33 00 DUCT ACCESSORIES ................................................................ 9
SECTION 23 37 13 DIFFUSERS, REGISTERS AND GRILLES ........................................... 2
SECTION 26 ELECTRICAL WORK
SECTION 26 05 11 REQUIREMENTS FOR ELECTRICAL INSTALLATIONS .............................. 4
SECTION 26 05 19 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES .............. 5
SECTION 26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS ........................ 4
SECTION 26 05 29 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS .......................... 4
SECTION 26 05 33 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS .............................. 8
SECTION 26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS ..................................... 6
SECTION 26 29 21 ENCLOSED SWITCHES AND CIRCUIT BREAKERS ................................. 3
DRAWINGS ................................................................................................... 8
ADVERTISEMENT
ADVERTISEMENT FOR BIDS IFB # 2020-15
The Lowell Housing Authority and the Board of Commissioners, the Awarding Authority, invite sealed bids
from General Contractors for the Mercier Center HVAC Renovation for the Lowell Housing Authority in
Lowell, Massachusetts, in accordance with the documents prepared by CES, Inc. for the Lowell Housing
Authority.
The Project consists of: installing piping, HVAC equipment, painting, concrete bases and electrical related
work.
The work is estimated to cost $58,500.00.
Bids are subject to M.G.L. c.149 and to minimum wage rates as required by M.G.L. c.149 §§26 to
27H inclusive, Davis Bacon Wage Determination for Building Construction, MA4, 40 U.S.C. 276, 29
C.F.R. 1.
A pre-bid site visit shall take place on Monday, November 30, 2020 at 10:00 a.m. Interested bidders
shall meet at the front of the Mercier Center Building located at 21 Salem Street, Lowell, MA 01854
General Bids will be received until 11:00 AM, December 9, 2020 and publicly opened, forthwith.
All Bids should be clearly labeled and delivered to: Lowell Housing Authority, 350 Moody St., Lowell, MA
01854 Attn: Dept. of Finance & Procurement, and received no later than the date and time specified
above.
General bids shall be accompanied by a bid deposit that is not less than five (5%) of the greatest possible
bid amount (considering all alternates) and made payable to the Lowell Housing Authority.
Bid Forms and Contract Documents will be available electronically only at www.lhma.org/bids, as of
November 18, 2020.
General bidders must agree to contract with minority and women business enterprises as certified by the
Supplier Diversity Office (SDO), formerly known as SOMWBA. The combined goal reserved for such
enterprises shall not be less than 10.4% of the final contract price including accepted alternates. See
Contractor’s Affirmative Action Requirements for additional information.
The LHA reserves the right to cancel the IFB, reject any or all bids and waive informalities.
END OF SECTION
Previous edition is obsolete form HUD-5369 (10/2002)
Instructions to Bidders for ContractsPublic and Indian Housing Programs
U.S. Department of Housing andUrban DevelopmentOffice of Public and Indian Housing
Previous edition is obsolete form HUD-5369 (10/2002)
Instructions to Bidders for ContractsPublic and Indian Housing Programs
Table of ContentsClause Page
1. Bid Preparation and Submission 1
2. Explanations and Interpretations to Prospective Bidders 1
3. Amendments to Invitations for Bids 1
4. Responsibility of Prospective Contractor 1
5. Late Submissions, Modifications, and Withdrawal of Bids 1
6. Bid Opening 2
7. Service of Protest 2
8. Contract Award 2
9. Bid Guarantee 3
10. Assurance of Completion 3
11. Preconstruction Conference 3
12. Indian Preference Requirements 3
1. Bid Preparation and Submission(a) Bidders are expected to examine the specifications, drawings,all instructions, and, if applicable, the construction site (see also thecontract clause entitled Site Investigation and Conditions Affect-ing the Work of the General Conditions of the Contract for Construc-tion). Failure to do so will be at the bidders’ risk.
(b) All bids must be submitted on the forms provided by the PublicHousing Agency/Indian Housing Authority (PHA/IHA). Bidders shallfurnish all the information required by the solicitation. Bids must besigned and the bidder’s name typed or printed on the bid sheet andeach continuation sheet which requires the entry of information bythe bidder. Erasures or other changes must be initialed by the personsigning the bid. Bids signed by an agent shall be accompanied byevidence of that agent’s authority. (Bidders should retain a copy oftheir bid for their records.)
(c) Bidders must submit as part of their bid a completed form HUD-5369-A, “Representations, Certifications, and Other Statements ofBidders.”
(d) All bid documents shall be sealed in an envelope which shall beclearly marked with the words “Bid Documents,” the Invitation forBids (IFB) number, any project or other identifying number, thebidder’s name, and the date and time for receipt of bids.
(e) If this solicitation requires bidding on all items, failure to do so willdisqualify the bid. If bidding on all items is not required, biddersshould insert the words “No Bid” in the space provided for any itemon which no price is submitted.
(f) Unless expressly authorized elsewhere in this solicitation, alter-nate bids will not be considered.
(g) Unless expressly authorized elsewhere in this solicitation, bidssubmitted by telegraph or facsimile (fax) machines will not beconsidered.
(h) If the proposed contract is for a Mutual Help project (as de-scribed in 24 CFR Part 905, Subpart E) that involves Mutual Helpcontributions of work, material, or equipment, supplemental informa-tion regarding the bid advertisement is provided as an attachment tothis solicitation.
2. Explanations and Interpretations to ProspectiveBidders
(a) Any prospective bidder desiring an explanation or interpretationof the solicitation, specifications, drawings, etc., must request it atleast 7 days before the scheduled time for bid opening. Requestsmay be oral or written. Oral requests must be confirmed in writing.The only oral clarifications that will be provided will be those clearlyrelated to solicitation procedures, i.e., not substantive technicalinformation. No other oral explanation or interpretation will beprovided. Any information given a prospective bidder concerningthis solicitation will be furnished promptly to all other prospectivebidders as a written amendment to the solicitation, if that informationis necessary in submitting bids, or if the lack of it would be prejudicialto other prospective bidders.
(b) Any information obtained by, or provided to, a bidder other thanby formal amendment to the solicitation shall not constitute a changeto the solicitation.
3. Amendments to Invitations for Bids(a) If this solicitation is amended, then all terms and conditionswhich are not modified remain unchanged.
(b) Bidders shall acknowledge receipt of any amendment to thissolicitation (1) by signing and returning the amendment, (2) byidentifying the amendment number and date on the bid form, or (3)by letter, telegram, or facsimile, if those methods are authorized inthe solicitation. The PHA/IHA must receive acknowledgement by thetime and at the place specified for receipt of bids. Bids which fail toacknowledge the bidder’s receipt of any amendment will result in therejection of the bid if the amendment(s) contained information whichsubstantively changed the PHA’s/IHA’s requirements.
(c) Amendments will be on file in the offices of the PHA/IHA and theArchitect at least 7 days before bid opening.
4. Responsibility of Prospective Contractor(a) The PHA/IHA will award contracts only to responsible prospec-tive contractors who have the ability to perform successfully underthe terms and conditions of the proposed contract. In determiningthe responsibility of a bidder, the PHA/IHA will consider such mattersas the bidder’s:
(1) Integrity;
(2) Compliance with public policy;
(3) Record of past performance; and
(4) Financial and technical resources (including constructionand technical equipment).
(b) Before a bid is considered for award, the bidder may be re-quested by the PHA/IHA to submit a statement or other documenta-tion regarding any of the items in paragraph (a) above. Failure by thebidder to provide such additional information shall render the biddernonresponsible and ineligible for award.
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Previous edition is obsolete form HUD-5369 (10/2002)
5. Late Submissions, Modifications, and Withdrawal of Bids(a) Any bid received at the place designated in the solicitation afterthe exact time specified for receipt will not be considered unless it isreceived before award is made and it:
(1) Was sent by registered or certified mail not later than thefifth calendar day before the date specified for receipt of offers (e.g.,an offer submitted in response to a solicitation requiring receipt ofoffers by the 20th of the month must have been mailed by the 15th);
(2) Was sent by mail, or if authorized by the solicitation, wassent by telegram or via facsimile, and it is determined by the PHA/IHAthat the late receipt was due solely to mishandling by the PHA/IHAafter receipt at the PHA/IHA; or
(3) Was sent by U.S. Postal Service Express Mail Next DayService - Post Office to Addressee, not later than 5:00 p.m. at theplace of mailing two working days prior to the date specified forreceipt of proposals. The term “working days” excludes weekendsand observed holidays.
(b) Any modification or withdrawal of a bid is subject to the sameconditions as in paragraph (a) of this provision.
(c) The only acceptable evidence to establish the date of mailing ofa late bid, modification, or withdrawal sent either by registered orcertified mail is the U.S. or Canadian Postal Service postmark bothon the envelope or wrapper and on the original receipt from the U.S.or Canadian Postal Service. Both postmarks must show a legibledate or the bid, modification, or withdrawal shall be processed as ifmailed late. “Postmark” means a printed, stamped, or otherwiseplaced impression (exclusive of a postage meter machine impres-sion) that is readily identifiable without further action as having beensupplied and affixed by employees of the U.S. or Canadian PostalService on the date of mailing. Therefore, bidders should request thepostal clerk to place a hand cancellation bull’s-eye postmark on boththe receipt and the envelope or wrapper.
(d) The only acceptable evidence to establish the time of receipt at thePHA/IHA is the time/date stamp of PHA/IHA on the proposal wrapper orother documentary evidence of receipt maintained by the PHA/IHA.
(e) The only acceptable evidence to establish the date of mailing ofa late bid, modification, or withdrawal sent by Express Mail Next DayService-Post Office to Addressee is the date entered by the postoffice receiving clerk on the “Express Mail Next Day Service-PostOffice to Addressee” label and the postmark on both the envelope orwrapper and on the original receipt from the U.S. Postal Service.“Postmark” has the same meaning as defined in paragraph (c) of thisprovision, excluding postmarks of the Canadian Postal Service.Therefore, bidders should request the postal clerk to place a legiblehand cancellation bull’s eye postmark on both the receipt and Failureby a bidder to acknowledge receipt of the envelope or wrapper.
(f) Notwithstanding paragraph (a) of this provision, a late modifica-tion of an otherwise successful bid that makes its terms morefavorable to the PHA/IHA will be considered at any time it is receivedand may be accepted.
(g) Bids may be withdrawn by written notice, or if authorized by thissolicitation, by telegram (including mailgram) or facsimile machinetransmission received at any time before the exact time set foropening of bids; provided that written confirmation of telegraphic orfacsimile withdrawals over the signature of the bidder is mailed andpostmarked prior to the specified bid opening time. A bid may bewithdrawn in person by a bidder or its authorized representative if,before the exact time set for opening of bids, the identity of the personrequesting withdrawal is established and the person signs a receiptfor the bid.
6. Bid OpeningAll bids received by the date and time of receipt specified in thesolicitation will be publicly opened and read. The time and place ofopening will be as specified in the solicitation. Bidders and otherinterested persons may be present.
7. Service of Protest(a) Definitions. As used in this provision:
“Interested party” means an actual or prospective bidder whosedirect economic interest would be affected by the award of thecontract.
“Protest” means a written objection by an interested party to thissolicitation or to a proposed or actual award of a contract pursuantto this solicitation.
(b) Protests shall be served on the Contracting Officer by obtainingwritten and dated acknowledgement from —
[Contracting Officer designate the official or location where a protestmay be served on the Contracting Officer]
(c) All protests shall be resolved in accordance with the PHA’s/IHA’s protest policy and procedures, copies of which are maintainedat the PHA/IHA.
8. Contract Award(a) The PHA/IHA will evaluate bids in response to this solicitationwithout discussions and will award a contract to the responsiblebidder whose bid, conforming to the solicitation, will be most advan-tageous to the PHA/IHA considering only price and any price-relatedfactors specified in the solicitation.
(b) If the apparent low bid received in response to this solicitationexceeds the PHA’s/IHA’s available funding for the proposed contractwork, the PHA/IHA may either accept separately priced items (see8(e) below) or use the following procedure to determine contractaward. The PHA/IHA shall apply in turn to each bid (proceeding inorder from the apparent low bid to the high bid) each of the separatelypriced bid deductible items, if any, in their priority order set forth inthis solicitation. If upon the application of the first deductible item toall initial bids, a new low bid is within the PHA’s/IHA’s availablefunding, then award shall be made to that bidder. If no bid is withinthe available funding amount, then the PHA/IHA shall apply thesecond deductible item. The PHA/IHA shall continue this processuntil an evaluated low bid, if any, is within the PHA’s/IHA’s availablefunding. If upon the application of all deductibles, no bid is within thePHA’s/IHA’s available funding, or if the solicitation does not requestseparately priced deductibles, the PHA/IHA shall follow its writtenpolicy and procedures in making any award under this solicitation.
(c) In the case of tie low bids, award shall be made in accordancewith the PHA’s/IHA’s written policy and procedures.
(d) The PHA/IHA may reject any and all bids, accept other than thelowest bid (e.g., the apparent low bid is unreasonably low), and waiveinformalities or minor irregularities in bids received, in accordancewith the PHA’s/IHA’s written policy and procedures.
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Previous edition is obsolete form HUD-5369 (10/2002)
(e) Unless precluded elsewhere in the solicitation, the PHA/IHAmay accept any item or combination of items bid.
(f) The PHA/IHA may reject any bid as nonresponsive if it ismaterially unbalanced as to the prices for the various items of workto be performed. A bid is materially unbalanced when it is based onprices significantly less than cost for some work and prices which aresignificantly overstated for other work.
(g) A written award shall be furnished to the successful bidder withinthe period for acceptance specified in the bid and shall result in abinding contract without further action by either party.
9. Bid Guarantee (applicable to construction and equip-ment contracts exceeding $25,000)
All bids must be accompanied by a negotiable bid guarantee which shall not be less than five percent (5%) of the amount of the bid. The bid guarantee may be a certified check, bank draft, U.S. Government Bonds at par value, or a bid bond secured by a surety company acceptable to the U.S. Government and authorized to do business in the state where the work is to be performed. In the case where the work under the contract will be performed on an Indian reservation area, the bid guarantee may also be an irrevocable Letter of Credit (see provision 10, Assurance of Completion, below). Certified checks and bank drafts must be made payable to the order of the PHA/IHA. The bid guarantee shall insure the execution of the contract and the furnishing of a method of assurance of completion by the successful bidder as required by the solicitation. Failure to submit a bid guarantee with the bid shall result in the rejection of the bid. Bid guarantees submitted by unsuccessful bidders will be returned as soon as practicable after bid opening.
10. Assurance of Completion(a) Unless otherwise provided in State law, the successful bidder shall furnish an assurance of completion prior to the execution of any contract under this solicitation. This assurance may be [Contracting Officer check applicable items] —
[X] (1) a performance and payment bond in a penal sum of 100 percent of the contract price; or, as may be required or permitted by State law;
[ ] (2) separate performance and payment bonds, each for 50 percent or more of the contract price;
[ ] (3) a 20 percent cash escrow;
[ ] (4) a 25 percent irrevocable letter of credit; or,
[ ] (5) an irrevocable letter of credit for 10 percent of the total contract price with a monitoring and disbursements agreement with the IHA (applicable only to contracts awarded by an IHA under the Indian Housing Program).
(b) Bonds must be obtained from guarantee or surety companies acceptable to the U.S. Government and authorized to do business in the state where the work is to be performed. Individual sureties will not be considered. U.S. Treasury Circular Number 570, published annually in the Federal Register, lists companies approved to act as sureties on bonds securing Government contracts, the maximum underwriting limits on each contract bonded, and the States in which the company is licensed to do business. Use of companies listed in this circular is mandatory. Copies of the circular may be downloaded on the U.S. Department of Treasury website http://www.fms.treas.gov/c570/index.html, or ordered for a minimum fee by contacting the Government Printing Office at (202) 512-2168.
(c) Each bond shall clearly state the rate of premium and the totalamount of premium charged. The current power of attorney for theperson who signs for the surety company must be attached to thebond. The effective date of the power of attorney shall not precedethe date of the bond. The effective date of the bond shall be on or afterthe execution date of the contract.
(d) Failure by the successful bidder to obtain the required assur-ance of completion within the time specified, or within such extendedperiod as the PHA/IHA may grant based upon reasons determinedadequate by the PHA/IHA, shall render the bidder ineligible foraward. The PHA/IHA may then either award the contract to the nextlowest responsible bidder or solicit new bids. The PHA/IHA mayretain the ineligible bidder’s bid guarantee.
11. Preconstruction Conference (applicable to constructioncontracts)
After award of a contract under this solicitation and prior to the startof work, the successful bidder will be required to attend apreconstruction conference with representatives of the PHA/IHA andits architect/engineer, and other interested parties convened by thePHA/IHA. The conference will serve to acquaint the participants withthe general plan of the construction operation and all other require-ments of the contract (e.g., Equal Employment Opportunity, LaborStandards). The PHA/IHA will provide the successful bidder with thedate, time, and place of the conference.
12. Indian Preference Requirements (applicable only ifthis solicitation is for a contract to be performed on aproject for an Indian Housing Authority)
(a) HUD has determined that the contract awarded under thissolicitation is subject to the requirements of section 7(b) of the IndianSelf-Determination and Education Assistance Act (25 U.S.C. 450e(b)).Section 7(b) requires that any contract or subcontract entered into forthe benefit of Indians shall require that, to the greatest extent feasible
(1) Preferences and opportunities for training and employment(other than core crew positions; see paragraph (h) below) in connec-tion with the administration of such contracts or subcontracts begiven to qualified “Indians.” The Act defines “Indians” to meanpersons who are members of an Indian tribe and defines “Indiantribe” to mean any Indian tribe, band, nation, or other organizedgroup or community, including any Alaska Native village or regionalor village corporation as defined in or established pursuant to theAlaska Native Claims Settlement Act, which is recognized as eligiblefor the special programs and services provided by the United Statesto Indians because of their status as Indians; and,
(2) Preference in the award of contracts or subcontracts inconnection with the administration of contracts be given to Indianorganizations and to Indian-owned economic enterprises, as de-fined in section 3 of the Indian Financing Act of 1974 (25 U.S.C.1452). That Act defines “economic enterprise” to mean any Indian-owned commercial, industrial, or business activity established ororganized for the purpose of profit, except that the Indian ownershipmust constitute not less than 51 percent of the enterprise; “Indianorganization” to mean the governing body of any Indian tribe or entityestablished or recognized by such governing body; “Indian” to meanany person who is a member of any tribe, band, group, pueblo, orcommunity which is recognized by the Federal Government aseligible for services from the Bureau of Indian Affairs and any“Native” as defined in the Alaska Native Claims Settlement Act; andIndian “tribe” to mean any Indian tribe, band, group, pueblo, orcommunity including Native villages and Native groups (including
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Previous edition is obsolete form HUD-5369 (10/2002)
corporations organized by Kenai, Juneau, Sitka, and Kodiak) asdefined in the Alaska Native Claims Settlement Act, which is recog-nized by the Federal Government as eligible for services from theBureau of Indian Affairs.
(b) (1) The successful Contractor under this solicitation shall com-ply with the requirements of this provision in awarding all subcon-tracts under the contract and in providing training and employmentopportunities.
(2) A finding by the IHA that the contractor, either (i) awardeda subcontract without using the procedure required by the IHA, (ii)falsely represented that subcontracts would be awarded to Indianenterprises or organizations; or, (iii) failed to comply with thecontractor’s employment and training preference bid statement shallbe grounds for termination of the contract or for the assessment ofpenalties or other remedies.
(c) If specified elsewhere in this solicitation, the IHA may restrict thesolicitation to qualified Indian-owned enterprises and Indian organi-zations. If two or more (or a greater number as specified elsewherein the solicitation) qualified Indian-owned enterprises or organiza-tions submit responsive bids, award shall be made to the qualifiedenterprise or organization with the lowest responsive bid. If fewerthan the minimum required number of qualified Indian-owned enter-prises or organizations submit responsive bids, the IHA shall rejectall bids and readvertise the solicitation in accordance with paragraph(d) below.
(d) If the IHA prefers not to restrict the solicitation as described inparagraph (c) above, or if after having restricted a solicitation aninsufficient number of qualified Indian enterprises or organizationssubmit bids, the IHA may advertise for bids from non-Indian as wellas Indian-owned enterprises and Indian organizations. Award shallbe made to the qualified Indian enterprise or organization with thelowest responsive bid if that bid is -
(1) Within the maximum HUD-approved budget amount estab-lished for the specific project or activity for which bids are beingsolicited; and
(2) No more than the percentage specified in 24 CFR 905.175(c)higher than the total bid price of the lowest responsive bid from anyqualified bidder. If no responsive bid by a qualified Indian-ownedeconomic enterprise or organization is within the stated range of thetotal bid price of the lowest responsive bid from any qualifiedenterprise, award shall be made to the bidder with the lowest bid.
(e) Bidders seeking to qualify for preference in contracting orsubcontracting shall submit proof of Indian ownership with their bids.Proof of Indian ownership shall include but not be limited to:
(1) Certification by a tribe or other evidence that the bidder isan Indian. The IHA shall accept the certification of a tribe that anindividual is a member.
(2) Evidence such as stock ownership, structure, manage-ment, control, financing and salary or profit sharing arrangements ofthe enterprise.
(f) (1) All bidders must submit with their bids a statement describ-ing how they will provide Indian preference in the award of subcon-tracts. The specific requirements of that statement and the factorsto used by the IHA in determining the statement’s adequacy areincluded as an attachment to this solicitation. Any bid that fails toinclude the required statement shall be rejected as nonresponsive.The IHA may require that comparable statements be provided bysubcontractors to the successful Contractor, and may require theContractor to reject any bid or proposal by a subcontractor that failsto include the statement.
(2) Bidders and prospective subcontractors shall submit acertification (supported by credible evidence) to the IHA in anyinstance where the bidder or subcontractor believes it is infeasible toprovide Indian preference in subcontracting. The acceptance orrejection by the IHA of the certification shall be final. Rejection shalldisqualify the bid from further consideration.
(g) All bidders must submit with their bids a statement detailing theiremployment and training opportunities and their plans to providepreference to Indians in implementing the contract; and the numberor percentage of Indians anticipated to be employed and trained.Comparable statements from all proposed subcontractors must besubmitted. The criteria to be used by the IHA in determining thestatement(s)’s adequacy are included as an attachment to thissolicitation. Any bid that fails to include the required statement(s), orthat includes a statement that does not meet minimum standardsrequired by the IHA shall be rejected as nonresponsive.
(h) Core crew employees. A core crew employee is an individualwho is a bona fide employee of the contractor at the time the bid issubmitted; or an individual who was not employed by the bidder at thetime the bid was submitted, but who is regularly employed by thebidder in a supervisory or other key skilled position when work isavailable. Bidders shall submit with their bids a list of all core crewemployees.
(i) Preference in contracting, subcontracting, employment, andtraining shall apply not only on-site, on the reservation, or within theIHA’s jurisdiction, but also to contracts with firms that operate outsidethese areas (e.g., employment in modular or manufactured housingconstruction facilities).
(j) Bidders should contact the IHA to determine if any additionallocal preference requirements are applicable to this solicitation.
(k) The IHA [ ] does [ ] does not [Contracting Officer checkapplicable box] maintain lists of Indian-owned economic enterprisesand Indian organizations by specialty (e.g., plumbing, electrical,foundations), which are available to bidders to assist them in meetingtheir responsibility to provide preference in connection with theadministration of contracts and subcontracts.
Page 4 of 4
form HUD-5369-A (11/92)Previous edition is obsolete
Representations, Certifications,and Other Statements of Bidders
Public and Indian Housing Programs
U.S. Department of Housingand Urban DevelopmentOffice of Public and Indian Housing
form HUD-5369-A (11/92)Previous edition is obsolete
Representations, Certifications,and Other Statements of BiddersPublic and Indian Housing Programs
Table of Contents
Clause Page
1. Certificate of Independent Price Determination 1
2. Contingent Fee Representation and Agreement 1
3. Certification and Disclosure Regarding Paymentsto Influence Certain Federal Transactions 1
4. Organizational Conflicts of Interest Certification 2
5. Bidder's Certification of Eligibility 2
6. Minimum Bid Acceptance Period 2
7. Small, Minority, Women-Owned Business ConcernRepresentation 2
8. Indian-Owned Economic Enterprise and IndianOrganization Representation 2
9. Certification of Eligibility Under the Davis-Bacon Act 3
10. Certification of Nonsegregated Facilities 3
11. Clean Air and Water Certification 3
12. Previous Participation Certificate 3
13. Bidder's Signature 3
1. Certificate of Independent Price Determination(a) The bidder certifies that--
(1) The prices in this bid have been arrived at independently,without, for the purpose of restricting competition, any consultation,communication, or agreement with any other bidder or competitorrelating to (i) those prices, (ii) the intention to submit a bid, or (iii) themethods or factors used to calculate the prices offered;
(2) The prices in this bid have not been and will not beknowingly disclosed by the bidder, directly or indirectly, to any otherbidder or competitor before bid opening (in the case of a sealed bidsolicitation) or contract award (in the case of a competitive proposalsolicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the bidder toinduce any other concern to submit or not to submit a bid for thepurpose of restricting competition.
(b) Each signature on the bid is considered to be a certification bythe signatory that the signatory--
(1) Is the person in the bidder's organization responsible fordetermining the prices being offered in this bid or proposal, and thatthe signatory has not participated and will not participate in anyaction contrary to subparagraphs (a)(l) through (a)(3) above; or
(2) (i) Has been authorized, in writing, to act as agent for thefollowing principals in certifying that those principals have notparticipated, and will not participate in any action contrary tosubparagraphs (a)(l) through (a)(3) above.
_______________________________________________ [insertfull name of person(s) in the bidder's organization responsible fordetermining the prices offered in this bid or proposal, and the title ofhis or her position in the bidder's organization];
(ii) As an authorized agent, does certify that the principalsnamed in subdivision (b)(2)(i) above have not participated, and willnot participate, in any action contrary to subparagraphs (a)(1)through (a)(3) above; and
(iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above.
(c) If the bidder deletes or modifies subparagraph (a)2 above, the bidder must furnish with its bid a signed statement setting forth in detail the circumstances of the disclosure.
[X] [Contracting Officer check if following paragraph is applicable]
(d) Non-collusive affidavit. (applicable to contracts for constructionand equipment exceeding $50,000)
(1) Each bidder shall execute, in the form provided by the PHA/IHA, an affidavit to the effect that he/she has not colluded with anyother person, firm or corporation in regard to any bid submitted inresponse to this solicitation. If the successful bidder did not submitthe affidavit with his/her bid, he/she must submit it within three (3)working days of bid opening. Failure to submit the affidavit by thatdate may render the bid nonresponsive. No contract award will bemade without a properly executed affidavit.
(2) A fully executed "Non-collusive Affidavit" [ ] is, [ ] is notincluded with the bid.
2. Contingent Fee Representation and Agreement(a) Definitions. As used in this provision:
"Bona fide employee" means a person, employed by a bidderand subject to the bidder's supervision and control as to time, place,and manner of performance, who neither exerts, nor proposes toexert improper influence to solicit or obtain contracts nor holds outas being able to obtain any contract(s) through improper influence.
"Improper influence" means any influence that induces or tendsto induce a PHA/IHA employee or officer to give consideration or toact regarding a PHA/IHA contract on any basis other than the meritsof the matter.
(b) The bidder represents and certifies as part of its bid that, exceptfor full-time bona fide employees working solely for the bidder, thebidder:
(1) [ ] has, [ ] has not employed or retained any person orcompany to solicit or obtain this contract; and
(2) [ ] has, [ ] has not paid or agreed to pay to any person orcompany employed or retained to solicit or obtain this contract anycommission, percentage, brokerage, or other fee contingent upon orresulting from the award of this contract.
(c) If the answer to either (a)(1) or (a)(2) above is affirmative, thebidder shall make an immediate and full written disclosure to thePHA/IHA Contracting Officer.
(d) Any misrepresentation by the bidder shall give the PHA/IHA theright to (1) terminate the contract; (2) at its discretion, deduct fromcontract payments the amount of any commission, percentage,brokerage, or other contingent fee; or (3) take other remedypursuant to the contract.
3. Certification and Disclosure Regarding Payments toInfluence Certain Federal Transactions (applicable tocontracts exceeding $100,000)
(a) The definitions and prohibitions contained in Section 1352 oftitle 31, United States Code, are hereby incorporated by referencein paragraph (b) of this certification.
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form HUD-5369-A (11/92)Previous edition is obsolete
6. Minimum Bid Acceptance Period(a) "Acceptance period," as used in this provision, means the number of calendar days available to the PHA/IHA for awarding a contract from the date specified in this solicitation for receipt of bids.
(b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.
(c) The PHA/IHA requires a minimum acceptance period of [30] calendar days or per statute.
(d) In the space provided immediately below, bidders may specify a longer acceptance period than the PHA's/IHA's minimum require-ment. The bidder allows the following acceptance period: calendar days.
(e) A bid allowing less than the PHA's/IHA's minimum acceptance period will be rejected.
(f) The bidder agrees to execute all that it has undertaken to do, in compliance with its bid, if that bid is accepted in writing within (1) the acceptance period stated in paragraph (c) above or (2) any longer acceptance period stated in paragraph (d) above.
7. Small, Minority, Women-Owned Business ConcernRepresentation
The bidder represents and certifies as part of its bid/ offer that it --
(a) [ ] is, [ ] is not a small business concern. "Small businessconcern," as used in this provision, means a concern, including itsaffiliates, that is independently owned and operated, not dominantin the field of operation in which it is bidding, and qualified as a smallbusiness under the criteria and size standards in 13 CFR 121.
(b) [ ] is, [ ] is not a women-owned business enterprise. "Women-owned business enterprise," as used in this provision, means abusiness that is at least 51 percent owned by a woman or womenwho are U.S. citizens and who also control and operate the business.
(c) [ ] is, [ ] is not a minority business enterprise. "Minoritybusiness enterprise," as used in this provision, means a businesswhich is at least 51 percent owned or controlled by one or moreminority group members or, in the case of a publicly owned business,at least 51 percent of its voting stock is owned by one or moreminority group members, and whose management and daily opera-tions are controlled by one or more such individuals. For the purposeof this definition, minority group members are:
(Check the block applicable to you)
[ ] Black Americans [ ] Asian Pacific Americans
[ ] Hispanic Americans [ ] Asian Indian Americans
[ ] Native Americans [ ] Hasidic Jewish Americans
8. Indian-Owned Economic Enterprise and IndianOrganization Representation (applicable only if thissolicitation is for a contract to be performed on a project for anIndian Housing Authority)
The bidder represents and certifies that it:
(a) [ ] is, [ ] is not an Indian-owned economic enterprise."Economic enterprise," as used in this provision, means any com-mercial, industrial, or business activity established or organized forthe purpose of profit, which is at least 51 percent Indian owned."Indian," as used in this provision, means any person who is amember of any tribe, band, group, pueblo, or community which isrecognized by the Federal Government as eligible for services fromthe Bureau of Indian Affairs and any "Native" as defined in the AlaskaNative Claims Settlement Act.
(b) [ ] is, [ ] is not an Indian organization. "Indian organization,"as used in this provision, means the governing body of any Indiantribe or entity established or recognized by such governing body.Indian "tribe" means any Indian tribe, band, group, pueblo, or
(b) The bidder, by signing its bid, hereby certifies to the best of hisor her knowledge and belief as of December 23, 1989 that:
(1) No Federal appropriated funds have been paid or will bepaid to any person for influencing or attempting to influence anofficer or employee of any agency, a Member of Congress, an officeror employee of Congress, or an employee of a Member of Congresson his or her behalf in connection with the awarding of a contractresulting from this solicitation;
(2) If any funds other than Federal appropriated funds (includ-ing profit or fee received under a covered Federal transaction) havebeen paid, or will be paid, to any person for influencing or attemptingto influence an officer or employee of any agency, a Member ofCongress, an officer or employee of Congress, or an employee of aMember of Congress on his or her behalf in connection with thissolicitation, the bidder shall complete and submit, with its bid, OMBstandard form LLL, "Disclosure of Lobbying Activities;" and
(3) He or she will include the language of this certification in allsubcontracts at any tier and require that all recipients of subcontractawards in excess of $100,000 shall certify and disclose accordingly.
(c) Submission of this certification and disclosure is a prerequisitefor making or entering into this contract imposed by section 1352,title 31, United States Code. Any person who makes an expenditureprohibited under this provision or who fails to file or amend thedisclosure form to be filed or amended by this provision, shall besubject to a civil penalty of not less than $10,000, and not more than$100,000, for each such failure.
(d) Indian tribes (except those chartered by States) and Indianorganizations as defined in section 4 of the Indian Self-Determina-tion and Education Assistance Act (25 U.S.C. 450B) are exemptfrom the requirements of this provision.
4. Organizational Conflicts of Interest CertificationThe bidder certifies that to the best of its knowledge and belief andexcept as otherwise disclosed, he or she does not have anyorganizational conflict of interest which is defined as a situation inwhich the nature of work to be performed under this proposedcontract and the bidder's organizational, financial, contractual, orother interests may, without some restriction on future activities:
(a) Result in an unfair competitive advantage to the bidder; or,
(b) Impair the bidder's objectivity in performing the contract work.
[ ] In the absence of any actual or apparent conflict, I hereby certifythat to the best of my knowledge and belief, no actual or apparentconflict of interest exists with regard to my possible performance ofthis procurement.
5. Bidder's Certification of Eligibility(a) By the submission of this bid, the bidder certifies that to the bestof its knowledge and belief, neither it, nor any person or firm whichhas an interest in the bidder's firm, nor any of the bidder's subcon-tractors, is ineligible to:
(1) Be awarded contracts by any agency of the United StatesGovernment, HUD, or the State in which this contract is to beperformed; or,
(2) Participate in HUD programs pursuant to 24 CFR Part 24.
(b) The certification in paragraph (a) above is a material represen-tation of fact upon which reliance was placed when making award.If it is later determined that the bidder knowingly rendered anerroneous certification, the contract may be terminated for default,and the bidder may be debarred or suspended from participation inHUD programs and other Federal contract programs.
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form HUD-5369-A (11/92)Previous edition is obsolete
community including Native villages and Native groups (includingcorporations organized by Kenai, Juneau, Sitka, and Kodiak) asdefined in the Alaska Native Claims Settlement Act, which isrecognized by the Federal Government as eligible for services fromthe Bureau of Indian Affairs.
9. Certification of Eligibility Under the Davis-BaconAct (applicable to construction contracts exceeding $2,000)
(a) By the submission of this bid, the bidder certifies that neither itnor any person or firm who has an interest in the bidder's firm is aperson or firm ineligible to be awarded contracts by the United StatesGovernment by virtue of section 3(a) of the Davis-Bacon Act or 29CFR 5.12(a)(1).
(b) No part of the contract resulting from this solicitation shall besubcontracted to any person or firm ineligible to be awardedcontracts by the United States Government by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
10. Certification of Nonsegregated Facilities (applicableto contracts exceeding $10,000)
(a) The bidder's attention is called to the clause entitled EqualEmployment Opportunity of the General Conditions of the Con-tract for Construction.
(b) "Segregated facilities," as used in this provision, means anywaiting rooms, work areas, rest rooms and wash rooms, restaurantsand other eating areas, time clocks, locker rooms and other storageor dressing areas, parking lots, drinking fountains, recreation orentertainment areas, transportation, and housing facilities providedfor employees, that are segregated by explicit directive or are in factsegregated on the basis of race, color, religion, or national originbecause of habit, local custom, or otherwise.
(c) By the submission of this bid, the bidder certifies that it does notand will not maintain or provide for its employees any segregatedfacilities at any of its establishments, and that it does not and will notpermit its employees to perform their services at any location underits control where segregated facilities are maintained. The bidderagrees that a breach of this certification is a violation of the EqualEmployment Opportunity clause in the contract.
(d) The bidder further agrees that (except where it has obtainedidentical certifications from proposed subcontractors for specifictime periods) prior to entering into subcontracts which exceed$10,000 and are not exempt from the requirements of the EqualEmployment Opportunity clause, it will:
(1) Obtain identical certifications from the proposed subcon-tractors;
(2) Retain the certifications in its files; and
(3) Forward the following notice to the proposed subcontrac-tors (except if the proposed subcontractors have submitted identicalcertifications for specific time periods):
Notice to Prospective Subcontractors of Requirement forCertifications of Nonsegregated FacilitiesA Certification of Nonsegregated Facilities must be submitted beforethe award of a subcontract exceeding $10,000 which is not exemptfrom the provisions of the Equal Employment Opportunity clause ofthe prime contract. The certification may be submitted either foreach subcontract or for all subcontracts during a period (i.e.,quarterly, semiannually, or annually).
Note: The penalty for making false statements in bids is prescribedin 18 U.S.C. 1001.
11. Clean Air and Water Certification (applicable to con-tracts exceeding $100,000)
The bidder certifies that:
(a) Any facility to be used in the performance of this contract [ ]is, [ ] is not listed on the Environmental Protection Agency List ofViolating Facilities:
(b) The bidder will immediately notify the PHA/IHA ContractingOfficer, before award, of the receipt of any communication from theAdministrator, or a designee, of the Environmental ProtectionAgency, indicating that any facility that the bidder proposes to usefor the performance of the contract is under consideration to belisted on the EPA List of Violating Facilities; and,
(c) The bidder will include a certification substantially the same asthis certification, including this paragraph (c), in every nonexemptsubcontract.
12. Previous Participation Certificate (applicable toconstruction and equipment contracts exceeding $50,000)
(a) The bidder shall complete and submit with his/her bid the FormHUD-2530, "Previous Participation Certificate." If the successfulbidder does not submit the certificate with his/her bid, he/she mustsubmit it within three (3) working days of bid opening. Failure tosubmit the certificate by that date may render the bid nonresponsive.No contract award will be made without a properly executed certifi-cate.
(b) A fully executed "Previous Participation Certificate"
[ ] is, [ ] is not included with the bid.
13. Bidder's SignatureThe bidder hereby certifies that the information contained in thesecertifications and representations is accurate, complete, andcurrent.
__________________________________________________________________(Signature and Date)
__________________________________________________________________(Typed or Printed Name)
__________________________________________________________________(Title)
__________________________________________________________________(Company Name)
(Company Address)
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Previous Participation Certification OMB Approval No. 2502-0118
(Exp. 05/31/2019)
Previous editions are obsolete ref Handbook 4065.1 Form HUD-2530 (2/2013) Page 1 of 2
US Department of Housing and Urban Development US Department of Agriculture Office of Housing/Federal Housing Commissioner Farmers Home Administration
Part I to be completed by Principals of Multifamily Projects (See instructions)
Reason for submission:
For HUD HQ/FmHA use only
1. Agency name and City where the application is filed
2. Project Name, Project Number, City and Zip Code
3. Loan or Contract amount $ 4. Number of Units or Beds
5. Section of Act 6. Type of Project (check one) Existing Rehabilitation Proposed (New)
7. List all proposed Principals and attach organization chart for all organizations Name and address of Principals and Affiliates (Name: Last, First, Middle Initial) proposing to participate 8 Role of Each Principal in Project 9. SSN or IRS Employer
Number
Certifications: The principal(s) listed above hereby apply to HUD or USDA FmHA, as the case maybe, for approval to participate as principal(s) in the role(s) and project listed above. The principal(s) each certify that all the statements made on this form are true, complete and correct to the best of their knowledge and belief and are made in good faith, including any Exhibits attached to this form. Warning: HUD will prosecute false claims and
statements. Conviction may result in criminal and/or civil penalties. The principal(s) further certify that to the best of their knowledge and belief:
1. Schedule A contains a listing, for the last ten years, of every project assisted or insured by HUD, USDA FmHA and/or State and local government housing finance agencies in which the principal(s) have participated or are now participating.
2. For the period beginning 10 years prior to the date of this certification, and except as shown on the certification:
a. No mortgage on a project listed has ever been in default, assigned to the Government or foreclosed, nor has it received mortgage relief from the mortgagee;
b. The principals have no defaults or noncompliance under any Conventional Contract or Turnkey Contract of Sale in connection with a public housing project;
c. There are no known unresolved findings as a result of HUD audits, management reviews or other Governmental investigations concerning the principals or their projects; d. There has not been a suspension or termination of payments under any HUD assistance contract due to the principal’s fault or negligence;
e. The principals have not been convicted of a felony and are not presently the subject of a complaint or indictment charging a felony. (A felony is defined as any offense punishable by imprisonment for a term exceeding one
year, but does not include any offense classified as a misdemeanor under the laws of a State and punishable by imprisonment of two years or less); f. The principals have not been suspended, debarred or otherwise restricted by any Department or Agency of the Federal Government or of a State Government from doing business with such Department or Agency;
g. The principals have not defaulted on an obligation covered by a surety or performance bond and have not been the subject of a claim under an employee fidelity bond; 3. All the names of the principals who propose to participate in this project are listed above.
4. None of the principals is a HUD/FmHA employee or a member of a HUD/FmHA employee's immediate household as defined in Standards of Ethical Conduct for Employees of the Executive Branch in 5 C.F.R. Part 2635
(57 FR 35006) and HUD's Standard of Conduct in 24 C.F.R. Part 0 and USDA's Standard of Conduct in 7 C.F.R. Part 0 Subpart B. 5. None of the principals is a participant in an assisted or insured project as of this date on which construction has stopped for a period in excess of 20 days or which has been substantially completed for more than 90 days and
documents for closing, including final cost certification, have not been filed with HUD or FmHA.
6.None of the principals have been found by HUD or FmHA to be in noncompliance with any applicable fair housing and civil rights requirements in 24 CFR 5.105(a). (If any principals or affiliates have been found to be in noncompliance with any requirements, attach a signed statement explaining the relevant facts, circumstances, and resolution, if any).
7. None of the principals is a Member of Congress or a Resident Commissioner nor otherwise prohibited or limited by law from contracting with the Government of the United States of America.
8.Statements above (if any) to which the principal(s) cannot certify have been deleted by striking through the words with a pen, and the relevant principal(s) have initialed each deletion (if any) and have attached a true and accurate signed statement (if applicable) to explain the facts and circumstances.
Name of Principal Signature of Principal Certification Date(mm/dd/yyyy Area Code and Tel. No.
This form prepared by (print name) Area Code and Tel. No.
Previous Participation Certification OMB Approval No. 2502-0118
(Exp. 05/31/2019)
Previous editions are obsolete ref Handbook 4065.1 Form HUD-2530 (2/2013) Page 2 of 2
Schedule A: List of Previous Projects and Section 8 Contracts. Below is a complete list of the principals’ previous participation projects and participation history in multifamily
Housing programs of HUD/FmHA, State and local Housing Finance Agencies. Note: Read and follow the instruction sheet carefully. Make full disclosure. Add extra sheets if you
need more space. Double check for accuracy. If no previous projects, write by your name, “No previous participation, First Experience”. 1. Principals Name (Last, First) 2. List of previous projects (Project name,
project ID and, Govt. agency involved )
3.List Principals’ Role(s)
(indicate dates participated, and if
fee or identity of interest participant)
4. Status of loan
(current, defaulted,
assigned, foreclosed)
5.Was the Project ever
in default during your
participation
Yes No If yes, explain
6. Last MOR rating and
Physical Insp. Score and
date
Part II- For HUD Internal Processing Only Received and checked by me for accuracy and completeness; recommend approval or refer to Headquarters after checking appropriate box.
Date (mm/dd/yyyy)
Tel No. and area code A. No adverse information; form HUD-2530 approval C. Disclosure or Certification problem
recommended.
B. Name match in system D. Other (attach memorandum)
Staff Processing and Control
Supervisor Director of Housing/Director, Multifamily Division Approved
Yes No
Date (mm/dd/yyyy)
Page 1 of 2
Instructions for Completing the Previous Participation Certificate, form HUD-2530 Carefully read these instructions and the applicable
regulations. A copy of those regulations published at
24 C.F.R. 200.210 to 200.245 can be obtained from the
Multifamily Housing Representative at any HUD
Office. Type or print neatly in ink when filling out this
form. Mark answers in all blocks of the form. If the
form is not filled completely, it will delay approval of
your application. Attach extra sheets as you need them. Be sure to
indicate "Continued on Attachments" wherever
appropriate. Sign each additional page that you attach
if it refers to you or your record.
Carefully read the certification before you sign it.
Any questions regarding the form or how to complete
it can be answered by your HUD Office Multifamily
Housing Representative. Purpose: This form provides HUD with a certified
report of all previous participation in HUD multifamily
housing projects by those parties making application.
The information requested in this form is used by HUD
to determine if you meet the standards established to
ensure that all principal participants in HUD projects
will honor their legal, financial and contractual
obligations and are acceptable risks from the
underwriting standpoint of an insurer, lender or
governmental agency. HUD requires that you certify
your record of previous participation in HUD/USDA-
FmHA, State and Local Housing Finance Agency
projects by completing and signing this form, before
your project application or participation can be
approved.
HUD approval of your certification is a necessary
precondition for your participation in the project and in
the capacity that you propose. If you do not file this
certification, do not furnish the information requested
accurately, or do not meet established standards, HUD
will not approve your certification. Note that approval of your certification does not obligate HUD to approve your project application, and it does not satisfy all other HUD program requirements relative to your qualifications.
Who Must Sign and File Form HUD-2530: Form HUD-2530 must be completed and signed by all
principals applying to participate in HUD multifamily
housing projects, including those who have no
previous participation. The form must be signed and
filed by all principals and their affiliates who propose
participating in the HUD project. Use a separate form
for each role in the project unless there is an identity of
interest. Principals include all individuals, joint ventures,
partnerships, corporations, trusts, non-profit
organizations, any other public or private entity that
will participate in the proposed project as a sponsor,
owner, prime contractor, turnkey developer, managing
agent, nursing home administrator or operator,
packager, or consultant. Architects and attorneys who
have any interest in the project other than an arm’s
length fee arrangement for professional services are
also considered principals by HUD. In the case of partnerships, all general partners
regardless of their percentage interest and limited
partners having a 25 percent or more interest in the
partnership are considered principals. In the case of
public or private corporations or governmental entities,
principals include the president, vice president,
secretary, treasurer and all other executive officers who
are directly responsible to the board of directors, or any
equivalent governing body, as well as all directors and
each stockholder having a 10 percent or more interest
in the corporation.
Affiliates are defined as any person or business concern that directly or indirectly controls the policy of a principal or has the power to do so. A holding or parent corporation would be an example of an affiliate if one of its subsidiaries is a principal. Exception for Corporations – All principals and
affiliates must personally sign the certificate except in
the following situation. When a corporation is a
principal, all of its officers, directors, trustees and
stockholders with 10 percent or more of the common
(voting) stock need not sign personally if they all have
the same record to report. The officer who is authorized
to sign for the corporation or agency will list the names
and title of those who elect not to sign. However, any
person who has a record of participation in HUD
projects that is separate from that of his or her
organization must report that activity on this form and
sign his or her name. The objective is full disclosure.
Exemptions – The names of the following parties do
not need to be listed on form HUD-2530: Public
Housing Agencies, tenants, owners of less than five
condominium or cooperative units and all others whose
interests were acquired by inheritance or court order. Where and When Form HUD-2530 Must Be Filed: The original of this form must be submitted to the HUD Office where your project application will be processed at the same time you file your initial project application. This form must be filed with applications for projects, or when otherwise required in the situations listed below: • Projects to be financed with mortgages insured under
the National Housing Act (FHA). • Projects to be financed according to Section
202 of the Housing Act of 1959 (Elderly and
Handicapped). • Projects in which 20 percent or more of the units are
to receive a subsidy as described in
24 C.F.R. 200.213. • Purchase of a project subject to a mortgage insured
or held by the Secretary of HUD. • Purchase of a Secretary-owned project. • Proposed substitution or addition of a principal or
principal participation in a different capacity from that previously approved for the same project.
• Proposed acquisition by an existing limited partner of an additional interest in a project resulting in a total interest of 25 percent or more or proposed acquisition by a corporate stockholder of an additional interest in a project resulting in a total interest of 10 percent or more.
Projects with U.S.D.A., Farmers Home Ad- ministration, or with state or local government housing finance agencies that include rental assistance under Section 8 of the Housing Act of 1937. For projects of this type, form HUD-2530 should be filed with the appropriate applications directly to those agencies.
Review of Adverse Determination: If approval of
your participation in a HUD project is denied,
withheld, or conditionally granted on the basis of your
record of previous participation, you will be notified by
the HUD Office. You may request reconsideration by
the HUD Review Committee. Alternatively, you may
request a hearing before a Hearing Officer. Either
request must be made in writing within 30 days from
your receipt of the notice of determination.
If you do request reconsideration by the Review
Committee and the reconsideration results in an
adverse determination, you may then request a hearing
before a Hearing Officer. The Hearing Officer will
issue a report to the Review Committee. You will be
notified of the final ruling by certified mail. Specific Line Instructions: Reason for submitting this Certification: e.g., refinance, change in ownership, change in management agent, transfer of physical assets, etc. Block 1: Fill in the name of the agency to which you
are applying. For example: HUD Office, Farmers
Home Administration District office, or the name of a
State or local housing finance agency. Below that, fill
in the name of the city where the office is located. Block 2: Fill in the name of the project, such as
"Greenwood Apts." If the name has not yet been
selected, write "Name unknown." Below that, enter the
HUD contract or project identification number, the
Farmers Home Administration project number, or the
State or local housing finance agency project or
contract number. Include all project or contract
identification numbers that are relevant to the project.
Also enter the name of the city in which the project is
located, and the ZIP Code.
Block 3: Fill in the dollar amount requested in the proposed mortgage, or the annual amount of rental assistance requested. Block 4: Fill in the number of apartment units
proposed, such as "40 units." For hospital projects or
nursing homes, fill in the number of beds proposed,
such as "100 beds." Block 5: Fill in the section of the Housing Act under which the application is filed. Block 7: Definitions of all those who are considered principals and affiliates are given above in the section titled "Who Must Sign and File...." Block 8: Beside the name of each principal, fill in the
appropriate role. The following are examples of
possible roles that the principals may assume:
Owner/Mortgagor, Managing Agent, Sponsor,
Developer, General Con-tractor, Packager, Consultant,
Nursing Home Administrator etc.
Block 9 : Fill in the Social Security Number or IRS employer number of every principal listed, including affiliates.
Instructions for Completing Schedule A: Be sure that Schedule A is filled-in completely,
accurately and the certification i s properly dated
and signed, because it will serve as a legal record of
your previous experience. All Multifamily Housing
projects involving HUD/ FmHA, and State and local
Housing Finance Agencies in which you have
previously participated must be listed. Applicants
a r e reminded that previous participation pertains to
the individual principal within an entity as well as
the entity itself. A newly formed company may not
have previous participation, but the principals
within the company may have had extensive
participation and disclosure of that activity is required.
Column 2. All previous projects must be listed or your
certification cannot be processed. Include the name of all
projects, project number, city where it is located and the
governmental agency (HUD, USDA-FmHA or state or local
housing finance agency) that was involved.
Column 3. List the role(s) as a principal, dates participated
and if fee or identity of interest (IOI) with owners.
Page 2 of 2
Column 4. Indicate the current status of the loan. Except for
current loan, the date associated with the status is required.
Loans under a workout arrangement are considered assigned.
For all noncurrent loans, an explanation of the status is
required.
Column 5. Explain any project defaults during your
participation.
Column 6. Provide the latest Management Review (MOR)
rating and Physical Inspection score.
Certification: After you have completed all other parts of
form HUD-2530, including schedule A, read the Certification
carefully. In the box below the statement of the certification,
fill in the names of all principals and affiliates as listed in block
7. Each principal should sign the certification with the
exception in some cases of individuals associated with a
corporation (see “Exception for Corporations” in the section
of the instructions titled “Who Must Sign and File Form
HUD-2530). Principal who is signing on behalf of the entity
should attach signature authority document. Each principal
who signs the form should fill in the date of the signature and
a telephone number. By providing a telephone number, HUD
can reach you in the event of any questions.
If you cannot certify and sign the certification as it is printed
because some statements do not correctly describe your
record, use a pen to strike through those parts that differ with
your record, and then sign and certify.
Attach a signed statement of explanation of the items you
have struck out on the certification. Item 2e. relates to felony
convictions within the past 10 years. If you are convicted of
a felony within the past 10 years, strike out 2e. and attach
statement of explanation. A felony conviction will not
necessarily cause your participation to be disapproved unless
there is a criminal record or other evidence that your previous
conduct or method of doing business has been such that your
participation in the project would make it an unacceptable risk
from the underwriting stand point of an insurer, lender or
governmental agency.
The Department of Housing and Urban Development (HUD) is authorized to collect this information by law (42 U.S.C. 3535(d) and 24 C.F.R. 200.217) and by regulation at 24 CFR 200.210. This information is needed so that principals applying to participate in multifamily programs can become HUD-approved participants. The information you provide will enable HUD to evaluate your record with respect to established standards of performance, responsibility and eligibility. Without prior approval, a principal may not participate in a proposed or existing multifamily project. HUD uses this information to evaluate whether or not principals pose an unsatisfactory underwriting risk. The information is used to evaluate the potential principals and approve only individuals and organizations that will honor their legal, financial and contractual obligations.
Privacy Act Statement: The Housing and Community Development Act of 1987, 42 U.S.C. 3543 requires persons applying for a Federally-insured or guaranteed loan to furnish his/her Social Security Number (SSN). HUD must have your SSN for identification of your records. HUD may use your SSN for automated processing of your records and to make requests for information about you and your previous records with other public agencies and private sector sources. HUD may disclose certain information to Federal, State and local agencies when relevant to civil, criminal, or regulatory investigations and prosecutions. It will not be otherwise disclosed or released outside of HUD, except as required and permitted by law. You must provide all of the information requested in this application, including your SSN.
Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number.
A response is mandatory. Failure to provide any of the information will result in your disapproval of participation in this HUD program.
FORM OF GENERAL BID 00 41 00
FORM FOR GENERAL BID
TO THE AWARDING AUTHORITY:
A. The undersigned proposes to furnish all labor and materials required for ( ) for the Lowell Housing Authority in Lowell Massachusetts in accordance with the Contract Documents prepared by . For the contract price specified below, subject additions and deductions according to the terms of the specifications and shall be complete within _ consecutive calendar days.
B. This bid includes addenda numbered _____________________
C. The proposed contract price is:
______________________________________________ Dollars $__________________________ Bid Amount in Words Bid Amount in Numbers
For Alternate No. Add $ Subtract $__________
For Alternate No. Add $ Subtract $__________
For Alternate No. Add $ Subtract $__________
Each Alternate shall be listed separately. D. The subdivision of the proposed contract price is as follows:
ITEM 1. The work of the general contractor, being all work other than that covered by ITEM 2. TOTAL OF ITEM 1 ……………………………………… $ ITEM 2. Sub-bids as follows: Sub-trade Name of Filed Sub-
bidder Sub-bid
Amount Bond Required
Yes No
TOTAL OF ITEM 2 .................................$
The undersigned agrees that each of the above named sub-bidders will be used for the work indicated at the amount stated unless a substitution is made. The undersigned further agrees to pay the premiums for the performance and payment bonds furnished by sub-bidders as requested herein and that all of the cost of all such premiums is included in the amount set forth in Item 1 of this bid. The undersigned agrees that if selected as general contractor, they will promptly confer with the awarding authority on the question of sub-bidders; and that the awarding authority may substitute for any sub-bid listed above a sub-bid listed above a sub-bid filed with the awarding authority by another sub-bidder for the sub-trade against whose standing and ability the undersigned makes no
FORM OF GENERAL BID 00 41 00
objection; and that the undersigned will use all such finally selected sub-bidders at the amounts named in their respective sub-bids and be in every way as responsible for them and their work as if they had been originally named in this general bid, total contract price being adjusted to conform thereto.
E. The undersigned agrees that, if selected as general contractor, he will within five days, Saturdays, Sundays, and legal holidays excluded, after presentation thereof by the awarding authority, execute a contract in accordance with the terms of this bid and furnish a performance bond and also a labor and materials or payment bond, each of a surety company qualified to do business under the laws of the Commonwealth and satisfactory to the awarding authority and each in the sum of the contract price, the premiums for which are to be paid by the general contractor and are included in the contract price, provided, however, that if there is more than 1 surety company, the surety companies shall be jointly and severally liable. The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work; that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and that he will comply fully with all laws and regulations applicable to awards made subject to section 44A. The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word "person" shall mean natural person, joint venture, partnership, corporation or other business or legal entity. The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated there under. The undersigned further certifies under pain and penalties of perjury that it is not presently debarred by the federal government from doing public work under any applicable federal law.
Date: Name of General Bidder (Business Name)
BY: Signature
Printed/typed name & title of bid signatory
Business Address
City, State and ZIP Code
Telephone
Note: If the bidder is a corporation, indicate state of incorporation under signature, and affix corporate seal; if a partnership, give full names and residential addresses of partners if different from business addresses.
NON-COLLUSIVE AFFIDAVIT OF GENERAL BIDDER
State of __________________________________
SS. County of ________________________________ _________________________________________________ being first duly sworn, deposes and says that:
1. Affiant is _______________________________ (an officer) of _________________________ The bidder that has submitted the attached bid.
2. Affiant is fully informed respecting the preparation and contents of the attached bid and of
all pertinent circumstances respecting such bid.
3. Such bid is genuine and is not a collusive or sham bid.
4. Neither the said bidder nor any of its officers, partners, owners, agents, representative, employees or parties in interest, including this affiant has in any way colluded conspired, connived, or agreed, directly or indirectly, with any other Bidder Firm or Person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication to conference with any other Bidder, Firm, or Person to fix the price or prices in the attached bid or of any other Bidder, or to fix an overhead profit, or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage the Lowell Housing Authority or any person or any person interested in the proposed Contract.
5. The price quoted in the attached bid is fair and proper and is not tainted by any collusion,
conspiracy, connivance, or unlawful agreement on the part of the Bidders or any of its agents, representative or employees, owners or parties in interest including this affiant.
By: ______________________________
Title: _____________________________
Subscribed and sworn to before me this _____ day of___________, 201 . _________________________________________________________________________________
(Name) (Title)
My commission expires ____________________________________________
CERTIFICATE OF TAX COMPLIANCE
Pursuant to M.G.L. c. 62C, §49A, I certify under the penalties of perjury that, to the
best of my knowledge and belief that I, or the company for which I am completing this bid,
is in compliance with all laws of the Commonwealth relating to taxes, reporting of employees
and contractors, and withholding and remitting child support.
_________________________ _________________________________
Federal Identification Number or Signature of Individual or Corporate Name
SS #
__________________________________
Corporate Officer Signature
Form W-9(Rev. October 2018)Department of the Treasury Internal Revenue Service
Request for Taxpayer Identification Number and Certification
▶ Go to www.irs.gov/FormW9 for instructions and the latest information.
Give Form to the requester. Do not send to the IRS.
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1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
2 Business name/disregarded entity name, if different from above
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.
Individual/sole proprietor or single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶
Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.
Other (see instructions) ▶
4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3):
Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions.
6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.
Social security number
– –
orEmployer identification number
–
Part II CertificationUnder penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign Here
Signature of U.S. person ▶ Date ▶
General InstructionsSection references are to the Internal Revenue Code unless otherwise noted.
Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.
Purpose of FormAn individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.
Cat. No. 10231X Form W-9 (Rev. 10-2018)
Form W-9 (Rev. 10-2018) Page 2
By signing the filled-out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information.
Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien;
• A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States;
• An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income.
In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States.
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity;
• In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust.
Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).
Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.
1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.3. The article number (or location) in the tax treaty that contains the
saving clause and its exceptions.4. The type and amount of income that qualifies for the exemption
from tax.5. Sufficient facts to justify the exemption from tax under the terms of
the treaty article.
Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.
If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.
Backup WithholdingWhat is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.
You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.
Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see the instructions for Part II for details),
3. The IRS tells the requester that you furnished an incorrect TIN,
4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or
5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).
Certain payees and payments are exempt from backup withholding. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information.
Also see Special rules for partnerships, earlier.
What is FATCA Reporting?The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information.
Updating Your InformationYou must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies.
PenaltiesFailure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.
Form W-9 (Rev. 10-2018) Page 3
Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.
Specific InstructionsLine 1You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.
If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9.
a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.
Note: ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application.
b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or “doing business as” (DBA) name on line 2.
c. Partnership, LLC that is not a single-member LLC, C corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2.
d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a “disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, “Business name/disregarded entity name.” If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.
Line 2If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2.
Line 3Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3.
IF the entity/person on line 1 is a(n) . . .
THEN check the box for . . .
• Corporation Corporation
• Individual • Sole proprietorship, or • Single-member limited liability company (LLC) owned by an individual and disregarded for U.S. federal tax purposes.
Individual/sole proprietor or single-member LLC
• LLC treated as a partnership for U.S. federal tax purposes, • LLC that has filed Form 8832 or 2553 to be taxed as a corporation, or • LLC that is disregarded as an entity separate from its owner but the owner is another LLC that is not disregarded for U.S. federal tax purposes.
Limited liability company and enter the appropriate tax classification. (P= Partnership; C= C corporation; or S= S corporation)
• Partnership Partnership
• Trust/estate Trust/estate
Line 4, ExemptionsIf you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you.
Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from backup withholding.
• Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends.
• Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions.
• Corporations are not exempt from backup withholding with respect to attorneys’ fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.
The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4.
1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2)
2—The United States or any of its agencies or instrumentalities
3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities
4—A foreign government or any of its political subdivisions, agencies, or instrumentalities
5—A corporation
6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession
7—A futures commission merchant registered with the Commodity Futures Trading Commission
8—A real estate investment trust
9—An entity registered at all times during the tax year under the Investment Company Act of 1940
10—A common trust fund operated by a bank under section 584(a)
11—A financial institution
12—A middleman known in the investment community as a nominee or custodian
13—A trust exempt from tax under section 664 or described in section 4947
Form W-9 (Rev. 10-2018) Page 4
The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.
IF the payment is for . . . THEN the payment is exempt for . . .
Interest and dividend payments All exempt payees except for 7
Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012.
Barter exchange transactions and patronage dividends
Exempt payees 1 through 4
Payments over $600 required to be reported and direct sales over $5,0001
Generally, exempt payees 1 through 52
Payments made in settlement of payment card or third party network transactions
Exempt payees 1 through 4
1 See Form 1099-MISC, Miscellaneous Income, and its instructions.2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup
withholding: medical and health care payments, attorneys’ fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.
Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) written or printed on the line for a FATCA exemption code.
A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37)
B—The United States or any of its agencies or instrumentalities
C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities
D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i)
E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i)
F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state
G—A real estate investment trust
H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940
I—A common trust fund as defined in section 584(a)
J—A bank as defined in section 581
K—A broker
L—A trust exempt from tax under section 664 or described in section 4947(a)(1)
M—A tax exempt trust under a section 403(b) plan or section 457(g) plan
Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.
Line 5Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records.
Line 6Enter your city, state, and ZIP code.
Part I. Taxpayer Identification Number (TIN)Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.
If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN.
If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN.
Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 business days.
If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester.
Note: Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon.
Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.
Part II. CertificationTo establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise.
For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier.
Signature requirements. Complete the certification as indicated in items 1 through 5 below.
Form W-9 (Rev. 10-2018) Page 5
1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification.
2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.
3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.
4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.
What Name and Number To Give the RequesterFor this type of account: Give name and SSN of:
1. Individual The individual
2. Two or more individuals (joint account) other than an account maintained by an FFI
The actual owner of the account or, if combined funds, the first individual on
the account1
3. Two or more U.S. persons (joint account maintained by an FFI)
Each holder of the account
4. Custodial account of a minor (Uniform Gift to Minors Act)
The minor2
5. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law
The grantor-trustee1
The actual owner1
6. Sole proprietorship or disregarded entity owned by an individual
The owner3
7. Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i)(A))
The grantor*
For this type of account: Give name and EIN of:8. Disregarded entity not owned by an
individualThe owner
9. A valid trust, estate, or pension trust Legal entity4
10. Corporation or LLC electing corporate status on Form 8832 or Form 2553
The corporation
11. Association, club, religious, charitable, educational, or other tax-exempt organization
The organization
12. Partnership or multi-member LLC The partnership
13. A broker or registered nominee The broker or nominee
For this type of account: Give name and EIN of:14. Account with the Department of
Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments
The public entity
15. Grantor trust filing under the Form 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i)(B))
The trust
1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished.2 Circle the minor’s name and furnish the minor’s SSN.3 You must show your individual name and you may also enter your business or DBA name on the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN.4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships, earlier.
*Note: The grantor also must provide a Form W-9 to trustee of trust.
Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.
Secure Your Tax Records From Identity TheftIdentity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.
To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.
If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039.
For more information, see Pub. 5027, Identity Theft Information for Taxpayers.
Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059.
Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.
Form W-9 (Rev. 10-2018) Page 6
The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS, forward this message to [email protected]. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at [email protected] or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338). If you have been the victim of identity theft, see www.IdentityTheft.gov and Pub. 5027.
Visit www.irs.gov/IdentityTheft to learn more about identity theft and how to reduce your risk.
Privacy Act NoticeSection 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.
CONTRACT REQUIREMENTS
P.O. # Click here to enter text. OWNER-CONTRACTOR AGREEMENT LOWELL HOUSING AUTHORITY
This agreement made the day of , 2017 by and between the Lowell Housing Authority hereinafter called the "Owner", and hereinafter called the "Contractor”, witnesseth, that the Owner and the Contractor, for the consideration hereinunder named, agree as follows:
Article 1. Scope of Work: The Contractor shall perform all Work required by the Contract Documents for U.S. HUD-Aided Development MA 1-3 referred to in the Contract Documents prepared by Description of Project Robert Willam Hannon, Architect acting as and referred to as the “Architect".
Article 2. Time of Completion: The Contractor shall commence work under this Contract on the date specified in the written “Notice to Proceed" and shall bring the Work to Substantial Completion within calendar days of said date. Damages for delays in the performance of the Work shall be in accordance with Article 9 of the General Conditions of the Contract.
Article 3. Contract Sum: The Owner shall pay the Contractor, in current funds, for the performance of the Work, subject to additions and deductions by Change Order, of the Contract Sum of:
$ Contract Amount in Words Contract Amount in Dollars
Schedule of Unit Prices: Project Manual Section and the cost to be paid by the Owner or credited by the Contractor per unit specified:
No. 1. N/A No. 2. N/A No. 3. N/A Article 4. The Contract Documents: The following, together with this Agreement, form the Contract and all are
as fully a part of the contract as if attached to this Agreement or repeated herein: The Advertisement, Bidding Documents, Contract Forms, Conditions of the Contract, and Specifications as enumerated in the Table of Contents, the drawings as enumerated in the List of Contract Drawings, HUD forms HUD-5370 or HUD-5370-EZ, HUD-5370-C Sections I and II, HUD-92554M. Forms and all Modifications issued after execution of the Contract. Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. Link: http://bit.ly/HUD-FORMS
Article 5. Alternates: The following Alternates have been accepted and their costs are included in the Contract Sum stated in Article 3 of this Agreement:
Alternate No(s): none through none Article 6. REAP Certification: Pursuant to G.L. c.62(c) §49(a), the individual signing this Contract on behalf of
the Contractor, hereby certifies, under the penalties of perjury, that to the best of their knowledge and belief the Contractor has complied with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support. (St.1983, c.233, Revenue Enforcement and Protection Program (REAP) as amended).
Article 7. Worker Documentation Certification: In accordance with Executive Order 481 the undersigned further certifies under the penalties of perjury that the Contractor shall not knowingly use undocumented workers in connection with the performance of this contract; that pursuant to federal requirements, the Contractor shall verify the immigration status of all workers assigned to such contract without engaging in unlawful discrimination; and that it shall not knowingly or recklessly alter, falsify, or accept altered or falsified documents from any such worker(s). The Contractor understands and agrees that breach of any of these terms during the contract period may be regarded as a material breach, subjecting the Contractor to sanctions, including but not limited to monetary penalties, withholding of payments, contract suspension or termination.
Article 8. Conflict of Interest: The Contractor covenants, that (1) presently, there is no financial interest and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement or which would violate M.G.L. c.268A, as amended; (2) in the performance of this Contract, no person having any such interest shall be employed by the Contractor or engaged as a subcontractor by the contractor; and (3) no partner or employee of the firm is related
P.O. # Click here to enter text. by blood or marriage to any Board Member or employee of the Awarding Authority.
Article 9. Conflicts of Interest, organizational, federal requirements: (a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it
does not have any organizational conflict of interest which is defined as a situation in which the nature of work under this contract and a contractor's organizational, financial, contractual or other interests are such that:
(i) Award of the contract may result in an unfair competitive advantage; or (ii) The Contractor's objectivity in performing the contract work may be impaired.
(b) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract or any task/delivery order under the contract, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The LHA may, however, terminate the contract or task/delivery order for the convenience of the LHA if it would be in the best interest of the LHA.
(c) In the event the Contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the LHA may terminate the contract for default. Article 10. Submittals and Invoicing: Contractor shall comply with all federal and state laws or regulations under which this Contract is issued, including without limitation submission of certified payrolls. Federal Form WH-347 or MA Prev. Wage Forms as applicable may be used for this purpose.
10.1 A unique invoice number; 10.2 Contractor’s name, address and telephone number; 10.3 Date of invoice and/or billing period; 10.4 Applicable contract number; 10.5 Applicable purchase order number; 10.6 Description of goods/services rendered;
10.7 Service time period, total hours billed per-service, per-site, the approved rate and product delivery date(s);
10.8 Work order approved by LHA designee; 10.9 Total U.S. ($) dollar amount billed; and 10.10 A Certified Payrolls for each week, Federal
Form WH-347 or MA Prev. Wage Forms as applicable.
Article 11. Validation: This Contract will not be valid until signed by the Executive Director of the Lowell Housing Authority.
In Witness Whereof, the Parties Hereto Have Caused This Instrument to be Executed Under Seal.
1 CONTRACTOR:
2 AWARDING AUTHORITY:
Lowell Housing Authority PO Box 60, 350 Moody St.
Lowell, MA 01853
By:
By: Gary K. Wallace, Executive Director
Name & Title Name & Title
Witness: Certified as to Fund Availability: Fund/Appropriation Adam J. Garvey, CFO
Attest:
1 If a Corporation, attach a notarized copy of the Corporate Vote authorizing signatory to sign Contract.
2 If signed by someone other than a Housing Authority Board member, attach a copy of Certified Board Vote authorizing the signatory to sign the Contract.
P.O. # Click here to enter text. CERTIFICATE OF VOTE SIGNATORY AUTHORIZATION , 2017 I hereby certify that a meeting of the Board of Directors of the duly
called and held at on the day of , 2017. At which a quorum was
present and acting, it was voted that of be and
hereby is authorized to execute and deliver for and on behalf of the
Corporation a Contract with Lowell Housing Authority, for
work to be done at (HUD) (State –Aided) Housing Project No. in the City of Lowell, MA.;
and to act as principal to execute bids, contracts and bonds in connection therewith, which Bids, Contracts
and/or Bonds were presented to and made part of the records of said meeting.
I further certify that is duly qualified and acting of the Corporation
and that said vote has not been Repealed, Rescinded or Amended.
A true copy of the record,
ATTEST:
(CORPORATE SEAL)
On this day of 2017, before me, the undersigned Notary Public, personally appeared , duly designated by the board of directors and proved to me, through satisfactory evidence of identification, which was , that s/he is the person whose name is signed on the foregoing documents, and acknowledged to me that s/he signed it voluntarily for its stated purpose and that it was her/his free act and deed.
Notary Public
My Commission Expires:
08/20/2015 CERTIFICATE of CORPORATE VOTE of AUTHORIZATION 00.53.00 1 of 1
CERTIFICATE OF CORPORATE VOTE OF AUTHORIZATION Date:__________________ 20____
I hereby certify that a meeting of the Board of Directors of the:
_______________________________________________________________________________________ NAME OF CORPORATION
duly called and held at ___________________________________ on the ___ day of _________ 20____
at which a quorum was present and acting, it was voted that ___________________________________ NAME OF CORPORATE OFFICER
of the ____________________________________, be and hereby is authorized to execute and deliver NAME OF CORPORATION
for and on behalf of the Corporation, a Contract with _______________________Housing Authority, for
work to be done at State-Aided Housing Development No. _____ in the City/Town of _________
And to act as principal to execute bonds in connection therewith, which Contract and Bonds were
presented to and made part of the records of said meeting.
I further certify that ___________________________________ is duly qualified and acting NAME OF CORPORATE OFFICER
___________________________________ of the Corporation and that said vote has not been repealed, TITLE
rescinded or amended.
A true copy of the record,
ATTEST:_______________________________________
(CORPORATE SEAL)
On this ___ day of _________ 20____, before me, the undersigned Notary Public, personally appeared ___________________________________, duly designated by the board of directors and proved to me, through satisfactory evidence of identification, which was __________________________, that s/he is the person whose name is signed on the foregoing documents, and acknowledged to me that s/he signed it voluntarily for its stated purpose and that it was her/his free act and deed.
________________________________ Notary Public My Commission Expires:
DHCD 11/07/2016 PERFORMANCE BOND 00.61.13 1 of 1
BOND NO. __________
PERFORMANCE BOND COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT KNOW ALL MEN BY THESE PRESENTS:
That we,__________________________________________________________________, as Principal, and ______________________________________________________________________________, as Surety, are held and firmly bound unto the _____________________________ HOUSING AUTHORITY, as Obligee, in the sum of _______________________________________________________dollars ($_____________) to be paid to the Obligee, for which payments, well and truly to be made, we bind ourselves, our respective heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal has made a contract with the Obligee, bearing the date of ______ , 20__ for the ___________________________________________________ in ____________, Massachusetts.
PROJECT TITLE
NOW, the condition of this obligation is such that if the Principal and all Subcontractors under said contract shall well and truly keep and perform all the undertakings, covenants, agreement, terms and conditions of said contract on its part to be kept and performed during the original term of said contract and any extensions thereof that may be granted by the Obligee, with or without notice to the Surety, and during the life and any guarantee required under the contract, and shall also well and truly keep and perform all the undertakings, covenants, agreements, terms and conditions of any and all duly authorized modifications, alterations changes or additions to said contract that may hereafter be made, notice to the Surety of such modifications, alterations, changes or additions being hereby waived, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue.
IN THE EVENT, that the contract is abandoned by the Principal, or in the event that the Obligee, under the provisions of Article 19 of the General Conditions of said contract terminates the employment of the Principal or the authority of the Principal to continue the work, said Surety hereby further agrees that said Surety shall, if requested in writing by the Obligee, take such action as is necessary to complete said contract.
IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals this: _______Day of _____________20____
PRINCIPAL _______________________________ SURETY __________________________________ By: _______________________________ By: __________________________________ SEAL ATTORNEY-IN FACT
Attest: _____________________________________ Attest: ______________________________________
The rate for this bond is _____% for the first $_______________ and ____% for the next $ ___________________
The total premium for this bond is $ __________________
08/20/2015 PAYMENT BOND 00.61.16 1 of 1
BOND NO. __________
PAYMENT BOND COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT KNOW ALL MEN BY THESE PRESENTS:
That we,__________________________________________________________________, as Principal, and ______________________________________________________________________________, as Surety, are held and firmly bound unto the _____________________________ HOUSING AUTHORITY, as Obligee, in the sum of _______________________________________________________dollars ($_____________) to be paid to the Obligee, for which payments, well and truly to be made, we bind ourselves, our respective heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal has made a contract with the Obligee, bearing the date of ______ ___, 20__ for the ___________________________________________________ in ____________, Massachusetts. PROJECT TITLE
NOW the conditions of this obligation are such that if the Principal and all subcontractors under said contract shall pay for all labor performed or furnished and for all materials used or employed in said contract and in any and all duly authorized modifications, alterations, extensions of time, changes or additions to said contract that may hereafter be made, notice to the Surety of such modifications, alterations, extensions of time, changes or additions being hereby waived, the foregoing to include any other purposes or items set out in, and to be subject to, provisions of M.G.L. c.30 §39A, and M.G.L. c.149 §29, as amended, then this obligation shall become null and void; otherwise it shall remain in full force and virtue.
IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals this: _______Day of _____________20____ PRINCIPAL _______________________________ SURETY __________________________________ By: _______________________________ By: __________________________________ SEAL ATTORNEY-IN FACT
Attest: _____________________________________ Attest: ______________________________________
The rate for this bond is _____% for the first $_______________ and ____% for the next $ ___________________
The total premium for this bond is $ __________________
DHCD 11/07/2016 Form of Subcontract 00.62.00 c.149 $150K-10M 1 of 1
FORM OF SUBCONTRACT
THIS AGREEMENT MADE THIS DAY OF 20 , by and between a corporation organized and existing under the laws of an individual doing business as hereinafter called the "Contractor" and a corporation organized and existing under the laws of an individual doing business as hereinafter called the "Subcontractor". 1. The Subcontractor agrees to furnish all labor and materials required for the completion of all work specified in Section No. of the specifications for and the plans referred to therein and
(Name of Sub-Trade) Addenda No(s). for the: all as prepared by for the sum of ($ )
(Name of Architect or Engineer) and the Contractor agrees to pay the Subcontractor said sum for said work. This price includes the following alternates (and other items set forth in the sub-bid): Alternates No(s). (a) The Subcontractor agrees to be bound to the Contractor by the terms of the hereinbefore described plans; specifications (including all general conditions stated therein) and Addenda No(s). , and to assume to the Contractor all the obligations and responsibilities that the Contractor by those documents assumes to the _________________________________Housing Authority hereinafter called the "Awarding Authority", except to the extent that provisions contained therein are by their terms or by law applicable only to the Contractor. (b) The Contractor agrees to be bound to the Subcontractor by the terms of the hereinbefore described documents and to assume to the Subcontractor all the obligations and responsibilities that the Awarding Authority by the terms of the hereinbefore described documents assumes to the Contractor, except to the extent that provisions contained therein are by their terms or by law applicable only to the Awarding Authority.
2. The Contractor agrees to begin, prosecute and complete the entire work specified by the Awarding Authority in an orderly manner so that the Subcontractor will be able to begin, prosecute and complete the work described in this subcontract; and, in consideration thereof, upon notice from the Contractor, either oral or in writing, the Subcontractor agrees to begin, prosecute and complete the work described in this Subcontract in an orderly manner and with due consideration to the date or time specified by the Awarding Authority for the completion of the entire work.
3. The Subcontractor agrees to furnish to the Contractor within a reasonable time after the execution of this subcontract, evidence of workmen's compensation insurance as required by law and evidence of public liability and property damage insurance of the type and in limits required to be furnished to the Awarding Authority by the Contractor.
4. The Contractor agrees that no claim for services rendered or materials furnished by the Contractor to the Subcontractor shall be valid unless written notice thereof is given by the Contractor to the Subcontractor during the first ten (10) days of the calendar month following that in which the claim originated.
5. This agreement is contingent upon the execution of a general contract between the Contractor and the Awarding Authority for the complete work. IN WITNESS WHEREOF, the parties hereto have executed this agreement the date and year first above-written.
SEAL ATTEST
Name of Subcontractor
By:
Signature
SEAL ATTEST
Name of Contractor
By: Signature
GENERAL CONDITIONS
General Conditions for Construction Public Housing Programs
U.S. Department of Housing and Urban
Contracts Development
- Office of Public and Indian Housing OMB Approval No. 2577-0157 (exp. 1/31/2017)
Applicability. This form is applicable to any construction/development contract greater than $100,000.
This form includes those clauses required by OMB's common rule on grantee procurement, implemented at HUD in 24 CFR 85.36, and those requirements set forth in Section 3 of the Housing and Urban Development Act of 1968 and its amendment by the Housing and Community Development Act of 1992, implemented by HUD at 24 CFR Part 135. The form is required for construction contracts awarded by Public Housing Agencies (PHAs). The form is used by Housing Authorities in solicitations to provide necessary contract clauses. If the form were not used, HAs would be unable to enforce their contracts. Public reporting burden for this collection of information is estimated to average 1.0 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Responses to the collection of information are required to obtain a benefit or to retain a benefit.
The information requested does not lend itself to confidentiality. HUD may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB number.
Table of Contents
Clause Page Clause Page
1. Definitions 2 Administrative Requirements
Construction Requirements 28. Contract Modifications 10
Previous editions are obsolete Replaces form HUD-5370-A
Page 1 of 19 form HUD-5370 (1/2014)
14. Temporary Buildings and Transportation Materials 6 38. 13
16. 40. 14
18. Clean Air and Water 7 42. 15
2. Contractor’s Responsibility for Work 2 25. Contract Period 9
3. Architect’s Duties, Responsibilities and Authority 2 26. Order of Precedence 9
4. Other Contracts 3 27. Payments 9
5. Preconstruction Conference and Notice to Proceed 3 29. Changes 10
6. Construction Progress Schedule 3 30. Suspension of Work 11
7. Site Investigation and Conditions Affecting the Work 3 31. Disputes 11
8. Differing Site Conditions 4 32. Default 11
9. Specifications and Drawings for Construction 4 33. Liquidated
12
10. As-Built Drawings 5 34. Termination of Convenience 12
11. Material and Workmanship 5 35. Assignment of Contract 12
12. Permits and Codes 5 36. Insurance 12
13. Health, Safety, and Accident Prevention 6 37. Subcontracts 13
Subcontracting with Small and Minority Firms, Women’s Business Enterprise, and Labor Surplus Area Firms
15. Availability and Use of Utility Services 6 39. Equal Employment Opportunity 13
Protection of Existing Vegetation, Structures, Equipment,
Utilities, and Improvements 6 Employment, Training, and Contracting Opportunities
for Low-Income Persons, Section 3 of the Housing and Urban Development Act of 1968
17. Temporary Buildings and Transportation Materials 7 41. Interest of Members of Congress 15
Interest of Members, Officers, or Employees and
Former Members, Officers, or Employees
19. Energy Efficiency 7 43. Limitations on Payments Made to Influence 15
20. Inspection and Acceptance of Construction 7 44. Royalties and Patents 15
21. Use and Possession Prior to Completion 8 45. Examination and Retention of Contractor’s Records 15
22. Warranty of Title 8 46. Labor Standards-Davis-Bacon and Related Acts 15
23. Warranty of Construction 8 47. Non-Federal Prevailing Wage Rates 19
24. Prohibition Against Liens 9 48. Procurement of Recovered Materials 19
1. Definitions (a) The Contractor shall furnish all necessary labor,
(a) “Architect” means the person or other entity engaged by the PHA to perform architectural, engineering, design, and other services related to the work as provided for in the contract. When a PHA uses an engineer to act in this capacity, the terms “architect” and “engineer” shall be synonymous. The Architect shall serve as a technical representative of the Contracting Officer. The Architect’s
materials, tools, equipment, and transportation necessary for performance of the work. The Contractor shall also furnish all necessary water, heat, light, and power not made available to the Contractor by the PHA pursuant to the clause entitled Availability and Use of Utility Services herein.
(b) The Contractor shall perform on the site, and with its own
authority is as set forth elsewhere in this contract.
organization, work equivalent to at least [ ] (12 percent unless otherwise indicated) of the total amount of work to be performed under the order. This percentage may be reduced by a supplemental agreement to this order if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the
(b) “Contract” means the contract entered into between the
PHA and the Contractor. It includes the forms of Bid, the Bid Bond, the Performance and Payment Bond or Bonds or other assurance of completion, the Certifications, Representations, and Other Statements of Bidders (form HUD-5370), these General Conditions of the Contract for Construction (form HUD-5370), the applicable wage rate determinations from the U.S. Department of Labor, any special conditions included elsewhere in the contract, the specifications, and drawings. It includes all formal changes to any of those documents by addendum,
reduction would be to the advantage of the PHA. (c) At all times during performance of this contract and until
the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the work site a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.
change order, or other modification. (d) The Contractor shall be responsible for all damages to
(c) “Contracting Officer” means the person delegated the au- persons or property that occur as a result of the Contractor’s fault or negligence, and shall take proper thority by the PHA to enter into, administer, and/or
terminate this contract and designated as such in writing to the Contractor. The term includes any successor
safety and health precautions to protect the work, the workers, the public, and the property of others. The Contractor shall hold and save the PHA, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor’s performance. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the
Contracting Officer and any duly authorized representative of the Contracting Officer also designated in writing. The Contracting Officer shall be deemed the authorized agent of the PHA in all dealings with the Contractor.
(d) “Contractor” means the person or other entity entering into the contract with the PHA to perform all of the work required under the contract. contract.
(e) “Drawings” means the drawings enumerated in the (e) The Contractor shall lay out the work from base lines and
schedule of drawings contained in the Specifications and as described in the contract clause entitled Specifications
bench marks indicated on the drawings and be responsible for all lines, levels, and measurements of all work executed under the contract. The Contractor shall verify the figures before laying out the work and will be held responsible for any error resulting from its failure to
and Drawings for Construction herein.
(f) “HUD” means the United States of America acting through the Department of Housing and Urban Development including the Secretary, or any other person designated to act on its behalf. HUD has agreed, subject to the provisions of an Annual Contributions Contract (ACC), to provide financial assistance to the PHA, which includes assistance in financing the work to be performed under this contract. As defined elsewhere in these General Conditions or the contract documents, the determination of HUD may be required to authorize changes in the work or for release of funds to the PHA for payment to the Contractor. Notwithstanding HUD’s role, nothing in this contract shall be construed to create any contractual
do so. (f) The Contractor shall confine all operations (including
storage of materials) on PHA premises to areas authorized or approved by the Contracting Officer.
(g) The Contractor shall at all times keep the work area,
relationship between the Contractor and HUD.
including storage areas, free from accumulations of waste materials. After completing the work and before final inspection, the Contractor shall (1) remove from the premises all scaffolding, equipment, tools, and materials (including rejected materials) that are not the property of the PHA and all rubbish caused by its work; (2) leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer; (3) perform all specified tests; and, (4) deliver the installation in
(g) “Project” means the entire project, whether construction or rehabilitation, the work for which is provided for in whole or in part under this contract. complete and operating condition.
(h) “PHA” means the Public Housing Agency organized under applicable state laws which is a party to this
(h) The Contractor’s responsibility will terminate when all
contract.
work has been completed, the final inspection made, and the work accepted by the Contracting Officer. The Contractor will then be released from further obligation except as required by the warranties specified elsewhere in the contract.
(j) “Specifications” means the written description of the technical requirements for construction and includes the criteria and tests for determining whether the requirements are met.
(l) “Work” means materials, workmanship, and manufacture and fabrication of components.
3. Architect’s Duties, Responsibilities, and Authority
2. Contractor’s Responsibility for Work
(a) The Architect for this contract, and any successor, shall be designated in writing by the Contracting Officer.
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(b) The Architect shall serve as the Contracting Officer’s
technical representative with respect to architectural, engineering, and design matters related to the work performed under the contract. The Architect may provide direction on contract performance. Such direction shall be within the scope of the contract and may not be of a nature which: (1) institutes additional work outside the scope of the contract; (2) constitutes a change as defined in the Changes clause herein; (3) causes an increase or decrease in the cost of the contract; (4) alters the Construction Progress Schedule; or (5) changes any of the other express terms or conditions of the contract.
6. Construction Progress Schedule
(a) The Contractor shall, within five days after the work
(c) The Architect’s duties and responsibilities may include but
commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring labor, materials, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments or take other remedies under the contract until the Contractor submits
shall not be limited to: (1) Making periodic visits to the work site, and on the
basis of his/her on-site inspections, issuing written reports to the PHA which shall include all observed deficiencies. The Architect shall file a copy of the report with the Contractor’s designated representative at the site; the required schedule.
(2) Making modifications in drawings and technical (b) The Contractor shall enter the actual progress on the chart as required by the Contracting Officer, and immediately deliver three copies of the annotated schedule to the Contracting Officer. If the Contracting Officer determines, upon the basis of inspection conducted pursuant to the clause entitled Inspection and Acceptance of Construction, herein that the Contractor is not meeting the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the PHA. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of
specifications and assisting the Contracting Officer in the preparation of change orders and other contract modifications for issuance by the Contracting Officer;
(3) Reviewing and making recommendations with respect to - (i) the Contractor’s construction progress schedules; (ii) the Contractor’s shop and detailed drawings; (iii) the machinery, mechanical and other equipment and materials or other articles proposed for use by the Contractor; and, (iv) the Contractor’s
price breakdown and progress payment estimates; and,
(4) Assisting in inspections, signing Certificates of Completion, and making recommendations with respect to acceptance of work completed under the contract.
4. Other Contracts progress will be regained.
The PHA may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with PHA employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by PHA employees
(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the Contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the Default clause of this contract.
7. Site Investigation and Conditions Affecting the Work Construction Requirements
5. Pre-construction Conference and Notice to Proceed (a) The Contractor acknowledges that it has taken steps
reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to, (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads;(3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is
(a) Within ten calendar days of contract execution, and prior to the commencement of work, the Contractor shall attend a preconstruction conference with representatives of the PHA, its Architect, and other interested parties convened by the PHA. The conference will serve to acquaint the participants with the general plan of the construction operation and all other requirements of the contract. The PHA will provide the Contractor with the date, time, and place of the conference.
(b) The contractor shall begin work upon receipt of a written Notice to Proceed from the Contracting Officer or designee. The Contractor shall not begin work prior to receiving such notice.
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reasonably ascertainable from an inspection of the site, including all exploratory work done by the PHA, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully
promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.
perform the work without additional expense to the PHA.
(b) Wherever in the specifications or upon the drawings the words “directed”, “required”, “ordered”, “designated”, “prescribed”, or words of like import are used, it shall be (b) The PHA assumes no responsibility for any conclusions
or interpretations made by the Contractor based on the information made available by the PHA. Nor does the PHA assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.
understood that the “direction”, “requirement”, “order”, “designation”, or “prescription”, of the Contracting Officer is intended and similarly the words “approved”, “acceptable”, “satisfactory”, or words of like import shall
mean “approved by”, or “acceptable to”, or “satisfactory to” the Contracting Officer, unless otherwise expressly stated.
(c) Where “ shown” “ indicated”, “ detailed”, or words
8. Differing Site Conditions
of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word “provided” as used herein shall be understood to mean “provide complete in place” that is “furnished and installed”.
(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or (2) unknown physical conditions at the site(s), of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the
(d) “Shop drawings” means drawings, submitted to the PHA
contract.
by the Contractor, subcontractor, or any lower tier subcontractor, showing in detail (1) the proposed fabrication and assembly of structural elements and (2) the installation (i.e., form, fit, and attachment details) of materials of equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the contract. The PHA may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this
(b) The Contracting Officer shall investigate the site
conditions promptly after receiving the notice. Work shall not proceed at the affected site, except at the Contractor’s risk, until the Contracting Officer has provided written instructions to the Contractor. If the conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, the Contractor shall file a claim in writing to the PHA within ten days after receipt of such instructions and, in any event, before proceeding with the work. An equitable adjustment in the contract price, the delivery schedule, or both shall be made under this clause and
contract. (e) If this contract requires shop drawings, the Contractor
the contract modified in writing accordingly.
shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with other contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor’s approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the PHA’s reasons therefore. Any work done before such approval shall be at the Contractor’s risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f)
(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer.
(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract. below.
9. Specifications and Drawings for Construction
(f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Architect approves any such variation and the Contracting Officer concurs, the
(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be
Contracting Officer shall issue an appropriate modification to the contract, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued.
(g) It shall be the responsibility of the Contractor to make timely requests of the PHA for such large scale and full size drawings, color schemes, and other additional information, not already in his possession, which shall be
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required in the planning and production of the work. Such requests may be submitted as the need arises, but each such request shall be filed in ample time to permit appropriate action to be taken by all parties involved so
machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer’s approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk
as to avoid delay. (h) The Contractor shall submit to the Contracting Officer for
approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the PHA and one set will be returned to the Contractor. As required by the Contracting Officer, the Contractor, upon completing the work under this contract, shall furnish a complete set of all shop drawings as finally approved. These drawings shall show all changes and revisions
of subsequent rejection. (2) When required by the specifications or the
Contracting Officer, the Contractor shall submit appropriately marked samples (and certificates related to them) for approval at the Contractor’s
made up to the time the work is completed and accepted. expense, with all shipping charges prepaid. The Contractor shall label, or otherwise properly mark on the container, the material or product represented, its place of origin, the name of the producer, the Contractor’s name, and the identification of the construction project for which the material or product
(i) This clause shall be included in all subcontracts at any tier. It shall be the responsibility of the Contractor to ensure that all shop drawings prepared by subcontractors are submitted to the Contracting Officer.
10. As-Built Drawings is intended to be used.
(a) “As-built drawings,” as used in this clause, means (3) Certificates shall be submitted in triplicate, describing
each sample submitted for approval and certifying that the material, equipment or accessory complies with contract requirements. The certificates shall include the name and brand of the product, name of manufacturer, and the location where produced.
drawings submitted by the Contractor or subcontractor at any tier to show the construction of a particular structure or work as actually completed under the contract. “As-built drawings” shall be synonymous with “Record drawings.” (4) Approval of a sample shall not constitute a waiver of
(b) As required by the Contracting Officer, the Contractor the PHA right to demand full compliance with contract requirements. Materials, equipment and accessories may be rejected for cause even though samples have
shall provide the Contracting Officer accurate information to be used in the preparation of permanent as-built drawings. For this purpose, the Contractor shall record on one set of contract drawings all changes from the installations originally indicated, and record final locations of underground lines by depth from finish grade and by accurate horizontal offset distances to permanent surface improvements such as buildings, curbs, or edges of
been approved.
walks.
(5) Wherever materials are required to comply with recognized standards or specifications, such specifications shall be accepted as establishing the technical qualities and testing methods, but shall not govern the number of tests required to be made nor modify other contract requirements. The Contracting Officer may require laboratory test reports on items submitted for approval or may approve materials on the basis of data submitted in certificates with samples. Check tests will be made on materials delivered for use only as frequently as the Contracting Officer determines necessary to insure compliance of materials with the specifications. The Contractor will assume all costs of retesting materials which fail to meet contract requirements and/or testing materials offered in substitution for those found deficient.
(c) This clause shall be included in all subcontracts at any tier. It shall be the responsibility of the Contractor to ensure that all as-built drawings prepared by subcontractors are submitted to the Contracting Officer.
11. Material and Workmanship
(a) All equipment, material, and articles furnished under this
contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the contract to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of, and as approved by the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in
(6) After approval, samples will be kept in the Project office until completion of work. They may be built into the work after a substantial quantity of the materials they represent has been built in and accepted.
(c) Requirements concerning lead-based paint. The Contractor shall comply with the requirements concerning lead-based paint contained in the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846) as implemented by 24 CFR Part 35.
this contract. (b) Approval of equipment and materials. 12. Permits and Codes
(1) The Contractor shall obtain the Contracting Officer’s approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the
(a) The Contractor shall give all notices and comply with all applicable laws, ordinances, codes, rules and regulations. Notwithstanding the requirement of the Contractor to comply with the drawings and specifications in the contract, all work installed shall comply with all applicable codes and regulations as amended by any
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waivers. Before installing the work, the Contractor shall examine the drawings and the specifications for compliance with applicable codes and regulations bearing on the work and shall immediately report any discrepancy it may discover to the Contracting Officer.
14. Temporary Heating
Where the requirements of the drawings and
The Contractor shall provide and pay for temporary heating, covering, and enclosures necessary to properly protect all work and materials against damage by dampness and cold, to dry out the work, and to facilitate the completion of the work. Any permanent heating equipment used shall be turned over to the PHA in the condition and at the time required by the specifications.
specifications fail to comply with the applicable code or regulation, the Contracting Officer shall modify the contract by change order pursuant to the clause entitled Changes herein to conform to the code or regulation.
(b) The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution and completion of the work. Where the PHA can arrange for the issuance of all or part of these permits, fees and licenses, without cost to the Contractor, the contract amount shall be reduced accordingly.
15. Availability and Use of Utility Services
(a) The PHA shall make all reasonably required amounts of
13. Health, Safety, and Accident Prevention
utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the PHA or, where the utility is produced by the PHA, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished
(a) In performing this contract, the Contractor shall: (1) Ensure that no laborer or mechanic shall be required
to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and/or safety as determined under construction safety and health standards promulgated
without charge. (b) The Contractor, at its expense and in a manner
by the Secretary of Labor by regulation; satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the PHA, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.
(2) Protect the lives, health, and safety of other persons; (3) Prevent damage to property, materials, supplies, and
equipment; and, (4) Avoid work interruptions.
(b) For these purposes, the Contractor shall: (1) Comply with regulations and standards issued by the
Secretary of Labor at 29 CFR Part 1926. Failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96), 40 U.S.C. 3701 et
16. Protection of Existing Vegetation, Structures,
Equipment, Utilities, and Improvements
seq.; and (a) The Contractor shall preserve and protect all structures, (2) Include the terms of this clause in every subcontract equipment, and vegetation (such as trees, shrubs, and
grass) on or adjacent to the work site, which are not to be removed under this contract, and which do not unreasonably interfere with the work required under this
so that such terms will be binding on each subcontractor.
(c) The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this contract resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies, or equipment, and shall report this data in the manner prescribed by 29 CFR Part
contract. (b) The Contractor shall only remove trees when specifically
1904.
authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during performance of this contract, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as
(d) The Contracting Officer shall notify the Contractor of any noncompliance with these requirements and of the corrective action required. This notice, when delivered to the Contractor or the Contractor’s representative at the site of the work, shall be deemed sufficient notice of the noncompliance and corrective action required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to take corrective action promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not base any claim or request for equitable adjustment for additional time or money on any
directed by the Contracting Officer. (c) The Contractor shall protect from damage all existing
improvements and utilities (1) at or near the work site and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. Prior to disturbing the ground at the construction site, the Contractor shall ensure that all underground utility lines are clearly marked.
(d) The Contractor shall shore up, brace, underpin, secure,
stop order issued under these circumstances.
and protect as necessary all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of the site, which may be affected by the excavations or other operations connected with the (e) The Contractor shall be responsible for its subcontractors’
compliance with the provisions of this clause. The Contractor shall take such action with respect to any subcontract as the PHA, the Secretary of Housing and Urban Development, or the Secretary of Labor shall direct as a means of enforcing such provisions.
construction of the project. (e) Any equipment temporarily removed as a result of work
under this contract shall be protected, cleaned, and replaced in the same condition as at the time of award of this contract.
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(f) New work which connects to existing work shall The contactor shall comply with the Clean Air Act, as amended, 42 USC 7401 et seq., the Federal Water Pollution Control Water Act, as amended, 33 U.S.C. 1251 et seq., and standards issued pursuant thereto in the facilities in which this contract is to be performed.
correspond in all respects with that to which it connects and/or be similar to existing work unless otherwise required by the specifications.
(g) No structural members shall be altered or in any way weakened without the written authorization of the Contracting Officer, unless such work is clearly specified 19. Energy Efficiency in the plans or specifications.
(h) If the removal of the existing work exposes discolored or unfinished surfaces, or work out of alignment, such surfaces shall be refinished, or the material replaced as necessary to make the continuous work uniform and harmonious. This, however, shall not be construed to require the refinishing or reconstruction of dissimilar finishes previously exposed, or finished surfaces in good condition, but in different planes or on different levels when brought together by the removal of intervening work, unless such refinishing or reconstruction is
The Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in which the work under the contract is performed.
20. Inspection and Acceptance of Construction
(a) Definitions. As used in this clause - specified in the plans or specifications. (1) “Acceptance” means the act of an authorized
representative of the PHA by which the PHA approves and assumes ownership of the work performed under this contract. Acceptance may be partial or complete.
(2) “Inspection” means examining and testing the work
(i) The Contractor shall give all required notices to any adjoining or adjacent property owner or other party before the commencement of any work.
(j) The Contractor shall indemnify and save harmless the
PHA from any damages on account of settlement or the loss of lateral support of adjoining property, any damages from changes in topography affecting drainage, and from all loss or expense and all damages for which the PHA may become liable in consequence of such injury or damage to adjoining and adjacent structures and their
performed under the contract (including, when appropriate, raw materials, equipment, components, and intermediate assemblies) to determine whether it conforms to contract requirements.
premises.
(3) “Testing” means that element of inspection that determines the properties or elements, including functional operation of materials, equipment, or their components, by the application of established scientific (k) The Contractor shall repair any damage to vegetation,
structures, equipment, utilities, or improvements, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.
principles and procedures. (b) The Contractor shall maintain an adequate inspection
system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. All work is subject to PHA inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) PHA inspections and tests are for the sole benefit of the 17. Temporary Buildings and Transportation of Materials PHA and do not: (1) relieve the Contractor of
responsibility for providing adequate quality control measures; (2) relieve the Contractor of responsibility for loss or damage of the material before acceptance; (3) constitute or imply acceptance; or, (4) affect the continuing rights of the PHA after acceptance of the
(a) Temporary buildings (e.g., storage sheds, shops, offices, sanitary facilities) and utilities may be erected by the Contractor only with the approval of the Contracting Officer and shall be built with labor and materials furnished by the Contractor without expense to the PHA. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not
completed work under paragraph (j) below. (d) The presence or absence of the PHA inspector does not
relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specifications without the Contracting Officer’s written authorization. All instructions and
be removed. approvals with respect to the work shall be given to the (b) The Contractor shall, as directed by the Contracting Contractor by the Contracting Officer.
Officer, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any federal, state, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.
(e) The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The PHA may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The PHA shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
18. Clean Air and Water
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(f) The PHA may conduct routine inspections of the occupied without proper remuneration therefore. If prior possession or use by the PHA delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be modified in writing accordingly.
construction site on a daily basis.
(g) The Contractor shall, without charge, replace or correct work found by the PHA not to conform to contract requirements, unless the PHA decides that it is in its interest to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from 22. Warranty of Title the premises.
(h) If the Contractor does not promptly replace or correct The Contractor warrants good title to all materials, supplies, and equipment incorporated in the work and agrees to deliver the premises together with all improvements thereon free from any claims, liens or charges, and agrees further that neither it nor any other person, firm or corporation shall have any right to a lien upon the premises or anything appurtenant thereto.
rejected work, the PHA may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor, or (2) terminate for default the Contractor’s
right to proceed. (i) If any work requiring inspection is covered up without ap-
proval of the PHA, it must, if requested by the Contracting Officer, be uncovered at the expense of the Contractor. If at any time before final acceptance of the entire work, the PHA considers it necessary or advisable, to examine work already completed by removing or tearing it out, the Contractor, shall on request, promptly furnish all necessary facilities, labor, and material. If such work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray all the expenses of the examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the contract, the Contracting Officer shall make an equitable adjustment to cover the cost of the examination and reconstruction, including, if completion of the work was thereby delayed, an
23. Warranty of Construction
(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier at any tier. This warranty shall continue for a period of (one year unless otherwise indicated) from the date of final acceptance of the work. If the PHA takes possession of any part of the work before final acceptance, this warranty shall continue for a period of (one year unless otherwise indicated) from the date that the PHA takes
extension of time. possession. (j) The Contractor shall notify the Contracting Officer, in (b) The Contractor shall remedy, at the Contractor’s
writing, as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for inspection. If the Architect determines that the state of preparedness is as represented, the PHA will promptly arrange for the inspection. Unless otherwise specified in the contract, the PHA shall accept, as soon as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA’s right under any warranty or guarantee.
expense, any failure to conform, or any defect. In addition, the Contractor shall remedy, at the Contractor’s expense, any damage to PHA-owned or controlled real or personal property when the damage is the result of— (1) The Contractor’s failure to conform to contract require-
ments; or (2) Any defects of equipment, material, workmanship or
design furnished by the Contractor. (c) The Contractor shall restore any work damaged in
fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or
replaced will run for (one year unless otherwise indicated) from the date of repair or replacement.
(d) The Contracting Officer shall notify the Contractor, in 21. Use and Possession Prior to Completion writing, within a reasonable time after the discovery of
any failure, defect or damage. (a) The PHA shall have the right to take possession of or use
any completed or partially completed part of the work. Before taking possession of or using any work, the Contracting Officer shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the PHA intends to take possession of or use. However, failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The PHA’s possession or use shall not be
(e) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the PHA shall have the right to replace, repair or otherwise remedy the failure, defect, or damage at the Contractor’s expense.
(f) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall: (1) Obtain all warranties that would be given in normal
deemed an acceptance of any work under the contract. commercial practice; (b) While the PHA has such possession or use, the (2) Require all warranties to be executed in writing, for the
Contractor shall be relieved of the responsibility for (1) the loss of or damage to the work resulting from the PHA’s possession or use, notwithstanding the terms of the clause entitled Permits and Codes herein; (2) all maintenance costs on the areas occupied; and, (3) furnishing heat, light, power, and water used in the areas
benefit of the PHA; and, (3) Enforce all warranties for the benefit of the PHA.
(g) In the event the Contractor’s warranty under paragraph (a) of this clause has expired, the PHA may bring suit at its own expense to enforce a subcontractor’s, manufacturer’s or supplier’s warranty.
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(h) Unless a defect is caused by the negligence of the basis for determining progress payments. The breakdown shall be approved by the Contracting Officer and must be acceptable to HUD. If the contract covers more than one
Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defect of material or design furnished by the PHA nor for the repair of any damage that results from any defect in PHA
project, the Contractor shall furnish a separate
furnished material or design. breakdown for each. The values and quantities employed in making up this breakdown are for determining the amount of progress payments and shall not be construed as a basis for additions to or deductions from the contract price. The Contractor shall prorate its overhead and profit
(i) Notwithstanding any provisions herein to the contrary, the establishment of the time periods in paragraphs (a) and (c) above relate only to the specific obligation of the Contractor to correct the work, and have no relationship to the time within which its obligation to comply with the contract may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to its obligation other than specifically to correct the work.
over the construction period of the contract. (d) The Contractor shall submit, on forms provided by the
PHA, periodic estimates showing the value of the work performed during each period based upon the approved breakdown of the contract price. Such estimates shall be submitted not later than days in advance of
(j) This warranty shall not limit the PHA’s rights under the the date set for payment and are subject to correction and revision as required. The estimates must be approved by the Contracting Officer with the concurrence of the Architect prior to payment. If the contract covers more than one project, the Contractor shall furnish a
Inspection and Acceptance of Construction clause of this contract with respect to latent defects, gross mistakes or fraud.
24. Prohibition Against Liens separate progress payment estimate for each.
The Contractor is prohibited from placing a lien on the PHA’s property. This prohibition shall apply to all subcontractors at any tier and all materials suppliers.
(e) Along with each request for progress payments and the required estimates, the Contractor shall furnish the following certification, or payment shall not be made: I hereby certify, to the best of my knowledge and belief, that:
Administrative Requirements (1) The amounts requested are only for performance in accordance with the specifications, terms, and
25. Contract Period conditions of the contract;
The Contractor shall complete all work required on
(2) Payments to subcontractors and suppliers have been made from previous payments received under the contract, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements; and,
this contract within calendar days of the effective date of the contract, or within the time schedule established in the notice to proceed issued by the Contracting Officer. (3) This request for progress payments does not include
26. Order of Provisions
any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract. In the event of a conflict between these General
Conditions and the Specifications, the General
Conditions shall prevail. In the event of a conflict between the contract and any applicable state or local law or regulation, the state or local law or regulation shall prevail; provided that such state or local law or regulation does not conflict with, or is less restrictive than applicable federal law, regulation, or Executive Order. In the event of such a conflict, applicable federal law, regulation, and Executive Order shall prevail.
Name:
Title:
Date:
27. Payments (f) Except as otherwise provided in State law, the PHA shall
(a) The PHA shall pay the Contractor the price as provided in
retain ten (10) percent of the amount of progress payments until completion and acceptance of all work under the contract; except, that if upon completion of 50 percent of the work, the Contracting Officer, after consulting with the Architect, determines that the Contractor’s performance and progress are satisfactory,
this contract. (b) The PHA shall make progress payments approximately
every 30 days as the work proceeds, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer. The PHA may, subject to written determination and approval of the Contracting Officer, make more frequent payments to contractors which are
the PHA may make the remaining payments in full for the work subsequently completed. If the Contracting Officer subsequently determines that the Contractor’s performance and progress are unsatisfactory, the PHA shall reinstate the ten (10) percent (or other percentage as provided in State law) retainage until such time as the Contracting Officer determines that performance and
qualified small businesses.
(c) Before the first progress payment under this contract, the Contractor shall furnish, in such detail as requested by the Contracting Officer, a breakdown of the total contract price showing the amount included therein for each principal category of the work, which shall substantiate the payment amount requested in order to provide a
progress are satisfactory. (g) The Contracting Officer may authorize material delivered
on the site and preparatory work done to be taken into consideration when computing progress payments.
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Material delivered to the Contractor at locations other than the site may also be taken into consideration if the Contractor furnishes satisfactory evidence that (1) it has acquired title to such material; (2) the material is properly stored in a bonded warehouse, storage yard, or similar suitable place as may be approved by the Contracting Officer; (3) the material is insured to cover its full value; and (4) the material will be used to perform this contract. Before any progress payment which includes delivered material is made, the Contractor shall furnish such documentation as the Contracting Officer may require to assure the protection of the PHA’s interest in such materials. The Contractor shall remain responsible for such stored material notwithstanding the transfer of title
responsibilities of the parties (e.g., change in the PHA address). All other contract modifications shall be in the form of supplemental agreements signed by the Contractor and the Contracting Officer.
(c) When a proposed modification requires the approval of HUD prior to its issuance (e.g., a change order that exceeds the PHA’s approved threshold), such modification shall not be effective until the required approval is received by the PHA.
29. Changes
(a) The Contracting Officer may, at any time, without notice
to the PHA. to the sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract including changes: (1) In the specifications (including drawings and designs); (2) In the method or manner of performance of the work;
(h) All material and work covered by progress payments
made shall, at the time of payment become the sole property of the PHA, but this shall not be construed as (1) relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or, (2) waiving the right of the PHA to require the fulfillment of all of the terms of the contract. In the event the work of the Contractor has been damaged by other contractors or persons other than employees of the PHA in the course of their employment, the Contractor shall restore such damaged work without cost to the PHA and to seek redress for its damage only from those who directly
(3) PHA-furnished facilities, equipment, materials, services, or site; or,
(4) Directing the acceleration in the performance of the
caused it.
work.
(b) Any other written order or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating (1) the date, circumstances and source of the order and (2) that the Contractor regards the order as a (i) The PHA shall make the final payment due the Contractor
under this contract after (1) completion and final acceptance of all work; and (2) presentation of release of all claims against the PHA arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. Each such exception shall embrace no more than one claim, the basis and scope of which shall be clearly defined. The amounts for such excepted claims shall not be included in the request for final payment. A release may also be required of the assignee if the Contractor’s claim to amounts payable under this contract
change order. (c) Except as provided in this clause, no order, statement or
conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment.
(d) If any change under this clause causes an increase or
has been assigned.
decrease in the Contractor’s cost of, or the time required for the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for a adjustment based on defective specifications, no proposal for any change under paragraph (b) above shall be allowed for any costs incurred more than 20 days (5 days for oral orders) before the Contractor gives written notice as required. In the case of defective specifications for which the PHA is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with
(j) Prior to making any payment, the Contracting Officer may require the Contractor to furnish receipts or other evidence of payment from all persons performing work and supplying material to the Contractor, if the Contracting Officer determines such evidence is necessary to substantiate claimed costs.
(k) The PHA shall not; (1) determine or adjust any claims for payment or disputes arising there under between the Contractor and its subcontractors or material suppliers; or, (2) withhold any moneys for the protection of the subcontractors or material suppliers. The failure or refusal of the PHA to withhold moneys from the Contractor shall in nowise impair the obligations of any surety or sureties under any bonds furnished under this contract.
the defective specifications. (e) The Contractor must assert its right to an adjustment
28. Contract Modifications
under this clause within 30 days after (1) receipt of a written change order under paragraph (a) of this clause, or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting a written statement describing the general nature and the amount of the proposal. If the facts justify it, the Contracting Officer may extend the period for submission. The proposal may be included in the notice required under paragraph (b) above. No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final (a) Only the Contracting Officer has authority to modify any
term or condition of this contract. Any contract payment under this contract. modification shall be authorized in writing. (f) The Contractor’s written proposal for equitable
adjustment shall be submitted in the form of a lump sum proposal supported with an itemized breakdown of all increases and decreases in the contract in at least the following details:
(b) The Contracting Officer may modify the contract unilaterally (1) pursuant to a specific authorization stated in a contract clause (e.g., Changes); or (2) for administrative matters which do not change the rights or
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(1) Direct Costs. Materials (list individual items, the been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor or for which any equitable adjustment is provided for or excluded under any other provision of this contract.
quantity and unit cost of each, and the aggregate cost); Transportation and delivery costs associated with materials; Labor breakdowns by hours or unit costs (identified with specific work to be performed); Construction equipment exclusively necessary for the change; Costs of preparation and/ or revision to shop drawings resulting from the change; Worker’s Compensation and Public Liability Insurance; Employment taxes under FICA and FUTA; and, Bond Costs when size of change warrants revision.
(2) Indirect Costs. Indirect costs may include overhead, general and administrative expenses, and fringe benefits not normally treated as direct costs.
(3) Profit. The amount of profit shall be negotiated and may vary according to the nature, extent, and
complexity of the work required by the change. The allowability of the direct and indirect costs shall be determined in accordance with the Contract Cost Principles and Procedures for Commercial Firms in Part 31 of the Federal Acquisition Regulation (48 CFR 1-31), as implemented by HUD Handbook 2210.18, in effect on the date of this contract. The Contractor shall not be
(c) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and, (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.
31. Disputes
allowed a profit on the profit received by any
(a) “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. A claim arising under the contract, unlike a claim relating to the contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted to a claim by complying with the requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.
subcontractor. Equitable adjustments for deleted work shall include a credit for profit and may include a credit for indirect costs. On proposals covering both increases and decreases in the amount of the contract, the application of indirect costs and profit shall be on the net-change in direct costs for the Contractor or subcontractor performing the work.
(g) The Contractor shall include in the proposal its request for time extension (if any), and shall include sufficient information and dates to demonstrate whether and to what extent the change will delay the completion of the
(b) Except for disputes arising under the clauses entitled
contract in its entirety.
Labor Standards - Davis Bacon and Related Acts, herein, all disputes arising under or relating to this contract, including any claims for damages for the alleged breach thereof which are not disposed of by agreement, shall be
(h) The Contracting Officer shall act on proposals within 30 days after their receipt, or notify the Contractor of the
resolved under this clause. (c) All claims by the Contractor shall be made in writing and
date when such action will be taken. submitted to the Contracting Officer for a written decision. A claim by the PHA against the Contractor shall be subject to a written decision by the Contracting Officer.
(d) The Contracting Officer shall, within 60 (unless otherwise indicated) days after receipt of the request, decide the claim or notify the Contractor of the date by which the
(i) Failure to reach an agreement on any proposal shall be a dispute under the clause entitled Disputes herein. Nothing in this clause, however, shall excuse the Contractor from proceeding with the contract as changed.
(j) Except in an emergency endangering life or property, no change shall be made by the Contractor without a prior order from the Contracting Officer.
decision will be made. (e) The Contracting Officer’s decision shall be final unless
30. Suspension of Work the Contractor (1) appeals in writing to a higher level in the PHA in accordance with the PHA’s policy and procedures, (2) refers the appeal to an independent mediator or arbitrator, or (3) files suit in a court of competent jurisdiction. Such appeal must be made within (30 unless otherwise indicated) days after receipt of the
(a) The Contracting Officer may order the Contractor in writing to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the Contracting Officer’s decision. convenience of the PHA. (f) The Contractor shall proceed diligently with performance
(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified (or within a reasonable time if not specified) in this contract an adjustment shall be made for any increase in the cost of performance of the contract (excluding profit) necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have
of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer.
32. Default
(a) If the Contractor refuses or fails to prosecute the work, or any separable part thereof, with the diligence that will insure its completion within the time specified in this contract, or any extension thereof, or fails to complete said work within this time, the Contracting Officer may, by written notice to the Contractor, terminate the right to
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proceed with the work (or separable part of the work) that has been delayed. In this event, the PHA may take over the work and complete it, by contract or otherwise, and may take possession of and use any materials, equipment, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the PHA resulting from the Contractor’s refusal or failure to complete the work within
completion of the work together with any increased costs occasioned the PHA in completing the work.
(c) If the PHA does not terminate the Contractor’s right toproceed, the resulting damage will consist of liquidated damages until the work is completed or accepted.
34. Termination for Convenience
the specified time, whether or not the Contractor’s right to proceed with the work is terminated. This liability includes any increased costs incurred by the PHA in completing
(a) The Contracting Officer may terminate this contract inwhole, or in part, whenever the Contracting Officerdetermines that such termination is in the best interest ofthe PHA. Any such termination shall be effected bydelivery to the Contractor of a Notice of Terminationspecifying the extent to which the performance of thework under the contract is terminated, and the date upon
the work. (b) The Contractor’s right to proceed shall not be terminated
or the Contractor charged with damages under thisclause if—(1) The delay in completing the work arises from which such termination becomes effective.
unforeseeable causes beyond the control and withoutthe fault or negligence of the Contractor. Examples ofsuch causes include (i) acts of God, or of the publicenemy, (ii) acts of the PHA or other governmentalentity in either its sovereign or contractual capacity,(iii) acts of another contractor in the performance of acontract with the PHA, (iv) fires, (v) floods, (vi)epidemics, (vii) quarantine restrictions, (viii) strikes,(ix) freight embargoes, (x) unusually severe weather,or (xi) delays of subcontractors or suppliers at any tierarising from unforeseeable causes beyond the controland without the fault or negligence of both theContractor and the subcontractors or suppliers; and
(2) The Contractor, within days (10 days unless otherwiseindicated) from the beginning of such delay (unlessextended by the Contracting Officer) notifies theContracting Officer in writing of the causes of delay.The Contracting Officer shall ascertain the facts andthe extent of the delay. If, in the judgment of theContracting Officer, the findings of fact warrant suchaction, time for completing the work shall be extendedby written modification to the contract. The findings ofthe Contracting Officer shall be reduced to a writtendecision which shall be subject to the provisions of
(b) If the performance of the work is terminated, either in
whole or in part, the PHA shall be liable to the Contractorfor reasonable and proper costs resulting from suchtermination upon the receipt by the PHA of a properlypresented claim setting out in detail: (1) the total cost ofthe work performed to date of termination less the totalamount of contract payments made to the Contractor; (2)the cost (including reasonable profit) of settling andpaying claims under subcontracts and material orders forwork performed and materials and supplies delivered tothe site, payment for which has not been made by thePHA to the Contractor or by the Contractor to thesubcontractor or supplier; (3) the cost of preserving andprotecting the work already performed until the PHA orassignee takes possession thereof or assumesresponsibility therefore; (4) the actual or estimated cost of legal and accounting services reasonably necessary toprepare and present the termination claim to the PHA;and (5) an amount constituting a reasonable profit on thevalue of the work performed by the Contractor.
(c) The Contracting Officer will act on the Contractor’s claimwithin days (60 days unless otherwise indicated) ofreceipt of the Contractor’s claim.
(d) Any disputes with regard to this clause are expresslythe Disputes clause of this contract. made subject to the provisions of the Disputes clause of
this contract.(c) If, after termination of the Contractor’s right to proceed, it is determined that the Contractor was not in default, orthat the delay was excusable, the rights and obligationsof the parties will be the same as if the termination hadbeen for convenience of the PHA.
35. Assignment of Contract
33. Liquidated Damages
The Contractor shall not assign or transfer any interest in this contract; except that claims for monies due or tobecome due from the PHA under the contract may beassigned to a bank, trust company, or other financialinstitution. Such assignments of claims shall only bemade with the written concurrence of the ContractingOfficer. If the Contractor is a partnership, this contractshall inure to the benefit of the surviving or remainingmember(s) of such partnership as approved by theContracting Officer.
(a) If the Contractor fails to complete the work within the timespecified in the contract, or any extension, as specified in the clause entitled Default of this contract, the Contractorshall pay to the PHA as liquidated damages, the sum of
Contracting Officer insert amount] for$ each day of delay. If different completion dates arespecified in the contract for separate parts or stages of the work, the amount of liquidated damages shall beassessed on those parts or stages which are delayed. Tothe extent that the Contractor’s delay or nonperformanceis excused under another clause in this contract,liquidated damages shall not be due the PHA. TheContractor remains liable for damages caused other than
36. Insurance
(a) Before commencing work, the Contractor and eachsubcontractor shall furnish the PHA with certificates ofinsurance showing the following insurance is in force andwill insure all operations under the Contract:
by delay. (1) Workers’ Compensation, in accordance with state or(b) If the PHA terminates the Contractor’s right to proceed, Territorial Workers’ Compensation laws.
the resulting damage will consist of liquidated damages until such reasonable time as may be required for final
(2) Commercial General Liability with a combined single
than $ limit for bodily injury and property damage of not less
[Contracting Officer insert amount]
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1 Million
per occurrence to protect the Contractor and each subcontractor against claims for bodily injury or death and damage to the property of others. This shall cover the use of all equipment, hoists, and vehicles
(2) “Subcontractor” means any supplier, vendor, or firm that furnishes supplies, materials, equipment, orservices to or for the Contractor or anothersubcontractor.
on the site(s) not covered by Automobile Liability (b) The Contractor shall not enter into any subcontract withany subcontractor who has been temporarily deniedparticipation in a HUD program or who has beensuspended or debarred from participating in contracting
under (3) below. If the Contractor has a made” policy, then the following additional requirements apply: the policy must provide a “retroactive date” which must be on or before the programs by any agency of the United Statesexecution date of the Contract; and the extended reporting period may not be less than five years
Government or of the state in which the work under thiscontract is to be performed.
following the completion date of the Contract. (c) The Contractor shall be as fully responsible for the acts or omissions of its subcontractors, and of persons eitherdirectly or indirectly employed by them as for the acts oromissions of persons directly employed by the
(3) Automobile Liability on owned and non -owned motorvehicles used on the site(s) or in connection therewithfor a combined single limit for bodily injury andproperty damage of not less than $ Contractor.[Contracting Officer insert amount] per occurrence. (d) The Contractor shall insert appropriate clauses in all
(b) Before commencing work, the Contractor shall furnish the subcontracts to bind subcontractors to the terms andconditions of this contract insofar as they are applicable PHA with a certificate of insurance evidencing that
Builder’s Risk (fire and extended coverage) Insurance onall work in place and/or materials stored at the buildingsite(s), including foundations and building equipment, isin force. The Builder’s Risk Insurance shall be for thebenefit of the Contractor and the PHA as their interestsmay appear and each shall be named in the policy orpolicies as an insured. The Contractor in installingequipment supplied by the PHA shall carry insurance onsuch equipment from the time the Contractor takespossession thereof until the Contract work is accepted bythe PHA. The Builder’s Risk Insurance need not becarried on excavations, piers, footings, or foundationsuntil such time as work on the superstructure is started. Itneed not be carried on landscape work. Policies shallfurnish coverage at all times for the full cash value of allcompleted construction, as well as materials in placeand/or stored at the site(s), whether or not partialpayment has been made by the PHA. The Contractormay terminate this insurance on buildings as of the datetaken over for occupancy by the PHA. The Contractor isnot required to carry Builder’s Risk Insurance formodernization work which does not involve structuralalterations or additions and where the PHA’s existing fireand extended coverage policy can be endorsed to
to the work of subcontractors. (e) Nothing contained in this contract shall create any
contractual relationship between any subcontractor and the PHA or between the subcontractor and HUD.
38. Subcontracting with Small and Minority Firms,
Women’s Business Enterprise, and Labor Surplus
Area Firms
The Contractor shall take the following steps to ensurethat, whenever possible, subcontracts are awarded tosmall business firms, minority firms, women’s businessenterprises, and labor surplus area firms:
(a) Placing qualified small and minority businesses andwomen’s business enterprises on solicitation lists;
(b) Ensuring that small and minority businesses andwomen’s business enterprises are solicited whenever
they are potential sources;(c) Dividing total requirements, when economically feasible,
into smaller tasks or quantities to permit maximumparticipation by small and minority businesses andwomen’s business enterprises;
(d) Establishing delivery schedules, where the requirements
include such work.of the contract permit, which encourage participation by small and minority businesses and women’s business
(c) All insurance shall be carried with companies which are enterprises; andfinancially responsible and admitted to do business in the State in which the project is located. If any suchinsurance is due to expire during the construction period,the Contractor (including subcontractors, as applicable)shall not permit the coverage to lapse and shall furnishevidence of coverage to the Contracting Officer. Allcertificates of insurance, as evidence of coverage, shallprovide that no coverage may be canceled or non-renewed by the insurance company until at least 30 daysprior written notice has been given to the ContractingOfficer.
(e) Using the services and assistance of the U.S. SmallBusiness Administration, the Minority BusinessDevelopment Agency of the U.S. Department ofCommerce, and State and local governmental smallbusiness agencies.
39. Equal Employment Opportunity
During the performance of this contract, the Contractoragrees as follows:
(a) The Contractor shall not discriminate against anyemployee or applicant for employment because of race,
37. Subcontracts color, religion, sex, national origin, or handicap.(b) The Contractor shall take affirmative action to ensure that
(a) Definitions. As used in this contract - applicants are employed, and that employees are treatedduring employment without regard to their race, color,religion, sex, national origin, or handicap. Such actionshall include, but not be limited to, (1) employment, (2)upgrading, (3) demotion, (4) transfer, (5) recruitment orrecruitment advertising, (6) layoff or termination, (7) ratesof pay or other forms of compensation, and (8) selectionfor training, including apprenticeship.
(1) “Subcontract” means any contract, purchase order, or other purchase agreement, including modificationsand change orders to the foregoing, entered into by asubcontractor to furnish supplies, materials,equipment, and services for the performance of theprime contract or a subcontract.
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1 Million
(c) The Contractor shall post in conspicuous places available (a) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for
to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.
(d) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or handicap.
(e) The Contractor shall send, to each labor union or housing. representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers’ representative of the Contractor’s commitments under this clause, and post copies of the notice in conspicuous places available to
(b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.
employees and applicants for employment. (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the
(f) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.
(g) The Contractor shall furnish all information and reports required by Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. The Contractor shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(h) In the event of a determination that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts, or Federally assisted construction contracts under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor,
anticipated date the work shall begin. (d) The contractor agrees to include this section 3 clause in
every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in
or as otherwise provided by law. violation of the regulations in 24 CFR Part 135. (i) The Contractor shall include the terms and conditions of (e) The contractor will certify that any vacant employment
this clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontract or purchase order as the Secretary of Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into the litigation to protect the
positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135.
(f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
interests of the United States.
(g) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b)agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).
(j) Compliance with the requirements of this clause shall be to the maximum extent consistent with, but not in derogation of, compliance with section 7(b) of the Indian Self-Determination and Education Assistance Act and the Indian Preference clause of this contract.
40. Employment, Training, and Contracting
Opportunities for Low-Income Persons, Section 3 of
the Housing and Urban Development Act of 1968.
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41. Interest of Members of Congress (a) The PHA, HUD, or Comptroller General of the United
No member of or delegate to the Congress of the United States of America shall be admitted to any share or part of this contract or to any benefit that may arise therefrom.
States, or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor’s directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, 42. Interest of Members, Officers, or Employees and
Former Members, Officers, or Employees excerpts, and transcriptions.
No member, officer, or employee of the PHA, no member of the governing body of the locality in which the project is situated, no member of the governing body of the locality in which the PHA was activated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof.
(b) The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same as paragraph (a) above. “Subcontract,” as used in this clause, excludes purchase orders not exceeding $10,000.
43. Limitations on Payments made to Influence Certain
Federal Financial Transactions
(c) The periods of access and examination in paragraphs (a) and (b) above for records relating to (1) appeals under the Disputes clause of this contract, (2) litigation or settlement of claims arising from the performance of this contract, or (3) costs and expenses of this contract to which the PHA, HUD, or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims, or exceptions.
(a) The Contractor agrees to comply with Section 1352 of
Title 31, United States Code which prohibits the use of Federal appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any
46. Labor Standards - Davis-Bacon and Related Acts
If the total amount of this contract exceeds $2,000, the Federal labor standards set forth in the clause below shall apply to the development or construction work to be performed under the contract.
(a) Minimum Wages.
Federal contract, grant, loan, or cooperative agreement.
(1) All laborers and mechanics employed under this contract in the development or construction of the project(s) involved will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the regular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing
(b) The Contractor further agrees to comply with the
requirement of the Act to furnish a disclosure (OMB Standard Form LLL, Disclosure of Lobbying Activities) if any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement.
44. Royalties and Patents
The Contractor shall pay all royalties and license fees. It shall defend all suits or claims for infringement of any patent rights and shall save the PHA harmless from loss on account thereof; except that the PHA shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified and the Contractor has no reason to believe that the specified design, process, or product is an infringement. If, however, the Contractor has reason to believe that any design, process or product specified is an infringement of a patent, the Contractor shall promptly notify the Contracting Officer. Failure to give such notice shall make the Contractor responsible for resultant loss.
work in more than one classification may be
45. Examination and Retention of Contractor’s Records
compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall
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be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the
amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or
workers. (2) (i) Any class of laborers or mechanics, including
helpers, which is not listed in the wage
determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met: (A) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (B) The classification is utilized in the area by the construction industry; and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage
program.
determination.
(b) Withholding of funds. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime Contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working in the construction or development of the project, all or part of the wages required by the contract, HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the
(ii) If the Contractor and the laborers and mechanics
to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employee Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary.
respective employees to whom they are due. (c) Payrolls and basic records.
(1) Payrolls and basic records relating thereto shall be (iii) In the event the Contractor, the laborers or maintained by the Contractor during the course of the
work and preserved for a period of three years thereafter for all laborers and mechanics working in the construction or development of the project. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv), that the wages of any laborer or mechanic include the amount of costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary.
(iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (a)(2)(ii) or (iii) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in classification.
(3) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(4) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the
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(2) (i) The Contractor shall submit weekly for each week make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. in which any contract work is performed a copy of
all payrolls to the Contracting Officer for (d) (1) Apprentices. Apprentices will be permitted to work at
transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under subparagraph (c)(1) of this clause. This information may be submitted in any form desired. Optional Form WH-347 (Federal Stock Number 029-005-00014-1) is available for this purpose and may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB
less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship and Training, Employer and Labor Services (OATELS), or with a State Apprenticeship Agency recognized by OATELS, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by OATELS or a State Apprenticeship Agency (where
Control Number 1214-0149.) appropriate) to be eligible for probationary (ii) Each payroll submitted shall be accompanied by a employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in this paragraph, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s
“Statement of Compliance,” signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (A) That the payroll for the payroll period contains
the information required to be maintained under paragraph (c) (1) of this clause and that such information is correct and complete;
(B) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; and hourly rate) specified in the Contractor’s or
(C) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination
subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable
incorporated into the contract. (iii) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirements for submission of the “Statement of Compliance” required by subparagraph (c)(2)(ii) of this clause.
(iv) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.
(3) The Contractor or subcontractor shall make the records required under subparagraph (c)(1) available for inspection, copying, or transcription by authorized representatives of HUD or its designee, the Contracting Officer, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, HUD or
program is approved. (2) Trainees. Except as provided in 29 CFR 5.16,
its designee may, after written notice to the
trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under
Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to
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the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed
(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a United States Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(3) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001.
(j) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards. (1) Overtime requirements. No contractor or
subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions set forth in subparagraph (j)(1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and
until an acceptable program is approved.
subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic (including watchmen and guards) employed in violation of the provisions set forth in subparagraph (j)(1) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in subparagraph (j)(1) of this
(3) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this clause shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
(e) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this contract. clause.
(f) Contract termination; debarment. A breach of this contract clause may be grounds for termination of the contract and for debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12.
(3) Withholding for unpaid wages and liquidated
(g) Compliance with Davis-Bacon and related Act requirements. All rulings and interpretations of the Davis-
damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any Federal contract with the same prime Contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in subparagraph (j)(2) of this clause.
(k) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this clause, and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these provisions.
Bacon and related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.
(h) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this clause shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the PHA, HUD, the U.S. Department of Labor, or the employees or their representatives.
(i) Certification of eligibility.
(1) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
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47. Non-Federal Prevailing Wage Rates
(a) Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under State or tribal law to be prevailing, with respect to any employee in any trade or position employed under the contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever such non-Federal prevailing wage rate exceeds: (1) The applicable wage rate determined by the Secretary
of Labor pursuant to the Davis-Bacon Act (40 U.S.C. 3141 et seq.) to be prevailing in the locality with respect to such trade;
(b) An applicable apprentice wage rate based thereon specified in an apprenticeship program registered with the U.S. Department of Labor (DOL) or a DOL- recognized State Apprenticeship Agency; or
(c) An applicable trainee wage rate based thereon specified in a DOL-certified trainee program.
48. Procurement of Recovered Materials.
(a) In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of recovered materials practicable unless the Contractor determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price.
(b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1) the
Contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract.
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Construction Contract Supp HUD-92554M (06/14)
1
SUPPLEMENTARY CONDITIONSOF THE CONTRACT FORCONSTRUCTION
U.S. Department of Housingand Urban DevelopmentOffice of Housing
OMB Approval No. 2502-0598(Exp. 06/30/2017)
Article 1: Labor Standards
A. Applicability. The Project or program to which the construction workcovered by this Contract pertains is being assisted or insured by the United States ofAmerica, and the following Federal Labor Standards Provisions are included in thisContract or related instrument pursuant to the provisions applicable to such Federalassistance or insurance. Any statute or regulation contained herein shall also includeany subsequent amendment or successor statute or regulation.
B. Minimum Wages. Pursuant to Section 212 of the National Housing Act, asamended, 12 U.S.C. 1715c, the minimum wage provisions contained in this paragraphB do not apply to those projects with Security Instruments insured under Section221(h)(1) designed for less than 9 families and they do not apply to those projects withSecurity Instruments insured under either Section 220 or 233 designed for less than 12families.
1. (i) All laborers and mechanics employed or working upon the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in theconstruction or development of the Project) shall be paid unconditionally and not lessoften than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretaryof Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bonafide fringe benefits (or cash equivalents thereof) due at time of payment computed atrates not less than those contained in the wage determination of the Secretary of Laborwhich is attached hereto and made a part hereof, regardless of any contractualrelationship which may be alleged to exist between the Contractor and such laborersand mechanics. Contributions made or costs reasonably anticipated for bona fide fringebenefits under Section 1 (b)(2) of the Davis-Bacon Act (40 U.S.C. 3141(2)(B)(ii)) onbehalf of laborers or mechanics are considered wages paid to such laborers ormechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributionsmade or costs incurred for more than a weekly period (but not less often than quarterly)under plans, funds, or programs, which cover the particular weekly period, are deemedto be constructively made or incurred during such weekly period. Such laborers andmechanics shall be paid the appropriate wage rate and fringe benefits on the wagedetermination for the classification of work actually performed, without regard to skill,except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work inmore than one classification may be compensated at the rate specified for each
Public Reporting Burden for this collection of information is estimated to average 0.2 hours per response, including the time forreviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewingthe collection of information. Response to this request for information is required in order to receive the benefits to be derived. Thisagency may not collect this information, and you are not required to complete this form unless it displays a currently valid OMBcontrol number. While no assurance of confidentiality is pledged to respondents, HUD generally discloses this data only inresponse to a Freedom of Information Act request.
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classification for the time actually worked therein: Provided, that the employer's payrollrecords accurately set forth the time spent in each classification in which work isperformed. The wage determination (including any additional classification and wagerates conformed under 29 CFR 5.5(a)(1)(ii)) and the Davis-Bacon poster (WH-1321)shall be posted at all times by the Contractor and its subcontractors at the site of thework in a prominent and accessible place where it can be easily seen by the workers.
(ii) (a) Any class of laborers or mechanics that is not listed in the wagedetermination and that is to be employed under this Contract shall be classified inconformance with the wage determination. HUD shall approve an additionalclassification and wage rate and fringe benefits only when the following criteriahave been met:
(1) The work to be performed by the classification requested is not performed bya classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears areasonable relationship to the wage rates contained in the wage determination.
(b) If the Contractor and the laborers and mechanics to be employed in theclassification (if known), or their representatives, and HUD or its designee agree on theclassification and wage rate (including the amount designated for fringe benefits whereappropriate), a report of the action taken shall be sent by HUD or its designee to theAdministrator of the Wage and Hour Division, U.S. Department of Labor, Washington,D.C. 20210 (“Administrator”). The Administrator, or an authorized representative,shall approve, modify, or disapprove every additional classification action within thirty(30) days of receipt and so advise HUD or its designee or shall notify HUD or itsdesignee within the thirty (30) day period that additional time is necessary. (Approvedby the Office of Management and Budget under OMB control number 1215-0140.)
(c) In the event the Contractor, the laborers or mechanics to be employed in theclassification or their representatives and HUD or its designee do not agree on theproposed classification and wage rate (including the amount designated for fringebenefits, where appropriate), HUD or its designee shall refer the questions, includingthe views of all interested parties and the recommendation of HUD or its designee, tothe Administrator for determination. The Administrator, or an authorized representative,shall issue a determination within thirty (30) days of receipt and so advise HUD or itsdesignee or shall notify HUD or its designee within the thirty (30) day period thatadditional time is necessary. (Approved by the Office of Management and Budget underOMB Control Number 1215-0140.)
(d) The wage rate (including fringe benefits where appropriate) determinedpursuant to subparagraphs B.1.(ii)(b) or (c) of this Article, shall be paid to all workers
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performing work in the classification under this Contract from the first day on which workis performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class oflaborers or mechanics includes a fringe benefit that is not expressed as an hourly rate,the Contractor shall either pay the benefit as stated in the wage determination or shallpay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person,the Contractor may consider as part of the wages of any laborer or mechanic theamount of any costs reasonably anticipated in providing bona fide fringe benefits undera plan or program, Provided, That the Secretary of Labor has found, upon the writtenrequest of the Contractor, that the applicable standards of the Davis-Bacon Act havebeen met. The Secretary of Labor may require the Contractor to set aside in a separateaccount assets for the meeting of obligations under the plan or program. (Approved bythe Office of Management and Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or upon writtenrequest of an authorized representative of the Department of Labor withhold or cause tobe withheld from the Contractor under this Contract or any other Federal contract withthe same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, somuch of the accrued payments or advances as may be considered necessary to paylaborers and mechanics, including apprentices, trainees and helpers, employed by theContractor or any subcontractor the full amount of wages required by the Contract. Inthe event of failure to pay any laborer or mechanic, including any apprentice, trainee orhelper, employed or working on the site of the work (or under the United States HousingAct of 1937 or under the Housing Act of 1949 in the construction or development of theProject), 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 asmay be necessary to cause the suspension of any further payment, advance, orguarantee of funds until such violations have ceased. HUD or its designee may, afterwritten notice to the Contractor, disburse such amounts withheld for and on account ofthe Contractor or subcontractor to the respective employees to whom they are due.
3. Payrolls, records, and certifications.(i) Payrolls and basic records relating thereto shall be maintained by the
Contractor during the course of the work and preserved for a period of three yearsthereafter for all laborers and mechanics working at the site of the work (or under theUnited States Housing Act of 1937, or under the Housing Act of 1949, in theconstruction or development of the Project). Such records shall contain the name,address, and social security number of each such worker, his or her correctclassification, hourly rates of wages paid (including rates of contributions or costsanticipated for bona fide fringe benefits or cash equivalents thereof of the typesdescribed in Section 1 (b)(2)(B) of the Davis-Bacon Act (40 U.S.C. 3141(2)(B)(ii))), dailyand weekly number of hours worked, deductions made and actual wages paid.
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Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wagesof any laborer or mechanic include the amount of any costs reasonably anticipated inproviding benefits under a plan or program described in Section 1 (b)(2)(B) of the Davis-Bacon Act (40 U.S.C. 3141(2)(B)(ii)), the Contractor shall maintain records which showthat the commitment to provide such benefits is enforceable, that the plan or program isfinancially responsible, and that the plan or program has been communicated in writingto the laborers or mechanics affected, and records which show the costs anticipated orthe actual cost incurred in providing such benefits. Contractors employing apprenticesor trainees under approved programs shall maintain written evidence of the registrationof apprenticeship programs and certification of trainee programs, the registration of theapprentices and trainees, and the ratios and wage rates prescribed in the applicableprograms. (Approved by the Office of Management and Budget under OMB ControlNumbers 1215-0140 and 1215-0017.)
(ii)(a) The Contractor shall submit weekly for each week in which any contractwork is performed a copy of all payrolls to HUD or its designee if the agency is a partyto the Contract, but if the agency is not such a party, the Contractor shall submit thepayrolls to the applicant, sponsor, or Owner, as the case may be, for transmission toHUD or its designee. The payrolls submitted shall set out accurately and completely allof the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that fullsocial security numbers and home addresses shall not be included on weeklytransmittals. Instead the payrolls shall only need to include an individuallyidentifying number for each employee (e.g., the last four digits of theemployee’s social security number). The required weekly payroll informationmay be submitted in any form desired. Optional Form WH-347 is available forthis purpose from the Wage and Hour Division Web site athttp://www.dol.gov/whd/forms/wh347.pdf or its successor site. The primecontractor is responsible for the submission of copies of payrolls by allsubcontractors. Contractors and subcontractors shall maintain the full socialsecurity number and current address of each covered worker, and shallprovide them upon request to HUD or its designee if the agency is a party tothe Contract, but if the agency is not such a party, the Contractor will submitthe payrolls to the applicant sponsor, or Owner, as the case may be, fortransmission to HUD or its designee, the Contractor, or the Wage and HourDivision of the Department of Labor for purposes of an investigation or auditof compliance with prevailing wage requirements. It is not a violation of thissubparagraph for a prime contractor to require a subcontractor to provideaddresses and social security numbers to the prime contractor for its ownrecords, without weekly submission to HUD or its designee.(Approved by theOffice of Management and Budget under OMB Control Number 1215-0149.)
(b) Each payroll submitted shall be accompanied by a "Statement ofCompliance," signed by the Contractor or subcontractor or his or her agent who pays orsupervises the payment of the persons employed under the Contract and shall certifythe following:
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(1) That the payroll for the payroll period contains the information requiredto be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information isbeing maintained under 29 CFR 5.5(a)(3)(i), and that such information iscorrect and complete.(2) That each laborer or mechanic (including each helper, apprentice, andtrainee) employed on the Contract during the payroll period has been paidthe full weekly wages earned, without rebate, either directly or indirectly,and that no deductions have been made either directly or indirectly fromthe full wages earned, other than permissible deductions as set forth in29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than theapplicable wage rates and fringe benefits or cash equivalents for theclassification of work performed, as specified in the applicable wagedetermination incorporated into the Contract.
(c) The weekly submission of a properly executed certification set forth on thereverse side of Optional Form WH-347 shall satisfy the requirement for submission ofthe "Statement of Compliance" required by subparagraph B.3.(ii)(b) of this Article.
(d) The falsification of any of the above certifications may subject theContractor or subcontractor to civil or criminal prosecution under Section 1001 of Title18 and Sections 3801 et seq of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required undersubparagraph B.3.(i) of this Article available for inspection, copying, or transcription byauthorized representatives of HUD or its designee or the Department of Labor, and shallpermit such representatives to interview employees during working hours on the job. Ifthe Contractor or subcontractor fails to submit the required records or to make themavailable, 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 suspension ofany further payment, advance, or guarantee of funds. Furthermore, failure to submit therequired records upon request or to make such records available may be grounds fordebarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.(i) Apprentices. Apprentices shall be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant toand individually registered in a bona fide apprenticeship program registered with theU.S. Department of Labor, Employment and Training Administration, Office ofApprenticeship, or with a State Apprenticeship Agency recognized by such Office, or if aperson is employed in his or her first ninety (90) days of probationary employment as anapprentice in such an apprenticeship program, who is not individually registered in theprogram, but who has been certified by the Office of Apprenticeship, or a StateApprenticeship Agency (where appropriate) to be eligible for probationary employmentas an apprentice. The allowable ratio of apprentices to journeymen on the job site in
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any craft classification shall not be greater than the ratio permitted to the Contractor asto the entire work force under the registered program. Any worker listed on a payroll atan apprentice wage rate, who is not registered or otherwise employed as stated above,shall be paid not less than the applicable wage rate on the wage determination for theclassification of work actually performed. In addition, any apprentice performing workon the job site in excess of the ratio permitted under the registered program shall bepaid not less than the applicable wage rate on the wage determination for the workactually performed. Where the Contractor is performing construction on a project in alocality other than that in which its program is registered, the ratios and wage rates(expressed in percentages of the journeyman's hourly rate) specified in the Contractor'sor subcontractor's registered program shall be observed. Every apprentice must bepaid at not less than the rate specified in the registered program for the apprentice'slevel of progress, expressed as a percentage of the journeymen hourly rate specified inthe applicable wage determination. Apprentices shall be paid fringe benefits inaccordance with the provisions of the apprenticeship program. If the apprenticeshipprogram does not specify fringe benefits, apprentices must be paid the full amount offringe benefits listed on the wage determination for the applicable classification. If theAdministrator determines that a different practice prevails for the applicable apprenticeclassification, fringes shall be paid in accordance with that determination. In the eventthe Office of Apprenticeship, or a State Apprenticeship Agency recognized by suchOffice, withdraws approval of an apprenticeship program, the Contractor shall no longerbe permitted to utilize apprentices at less than the applicable predetermined rate for thework performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees shall not be permittedto work at less than the predetermined rate for the work performed unless they areemployed pursuant to and individually registered in a program which has received priorapproval, evidenced by formal certification by the U.S. Department of Labor,Employment and Training Administration. The ratio of trainees to journeymen on thejob site shall not be greater than permitted under the plan approved by the Employmentand Training Administration. Every trainee must be paid at not less than the ratespecified in the approved program for the trainee's level of progress, expressed as apercentage of the journeyman's hourly rate specified in the applicable wagedetermination. Trainees shall be paid fringe benefits in accordance with the provisionsof the trainee program. If the trainee program does not mention fringe benefits, traineesshall be paid the full amount of fringe benefits listed on the wage determination unlessthe Administrator of the Wage and Hour Division determines that there is anapprenticeship program associated with the corresponding journeyman wage rate onthe wage determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee rate who is not registered andparticipating in a training plan approved by the Employment and Training Administrationshall be paid not less than the applicable wage rate on the wage determination for theclassification of work actually performed. In addition, any trainee performing work onthe job site in excess of the ratio permitted under the registered program shall be paidnot less than the applicable wage rate on the wage determination for the work actuallyperformed. In the event the Employment and Training Administration withdraws
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approval of a training program, the Contractor shall no longer be permitted to utilizetrainees at less than the applicable predetermined rate for the work performed until anacceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees andjourneymen under 29 CFR Part 5 shall be in conformity with the equal employmentopportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements. The Contractor shallcomply with the requirements of 29 CFR Part 3, which are incorporated by reference inthis Contract.
6. Subcontracts. The Contractor or subcontractor shall insert in anysubcontracts the clauses set forth in subparagraphs 1 through 10 of this paragraph Band such other clauses as HUD or its designee may by appropriate instructions require,and a copy of the applicable prevailing wage determination, and also a clause requiringthe subcontractors to include these clauses in any lower tier subcontracts. The primecontractor shall be responsible for the compliance by any subcontractor or lower tiersubcontractor with all Contract clauses referenced in this subparagraph.
7. Contract termination and debarment. A breach of the Contract clauses in29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as acontractor or a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements. All rulingsand interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1,3, and 5 are herein incorporated by reference in this Contract.
9. Disputes concerning labor standards. Disputes arising out of the laborstandards provisions of this Contract shall not be subject to the general disputes clauseof this Contract. Such disputes shall be resolved in accordance with the procedures ofthe Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within themeaning of this clause include disputes between the Contractor (or any of itssubcontractors) and HUD or its designee, the U.S. Department of Labor, or theemployees or their representatives.
10. Certification of Eligibility.(i) By entering into this Contract, the Contractor certifies that neither it (nor he or
she) nor any person or firm who has an interest in the Contractor's firm is a person orfirm ineligible to be awarded Government contracts by virtue of Section 3(a) of theDavis-Bacon Act (40 U.S.C. 3144(b)(2)) or 29 CFR 5.12(a)(1) or to be awarded HUDcontracts or participate in HUD programs pursuant to 24 CFR Part 24.
(ii) No part of this Contract shall be subcontracted to any person or firm ineligiblefor award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act (40
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U.S.C. 3144(b)(2)) or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participatein HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed in the U.S. CriminalCode, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C.,“Federal Housing Administration transactions”, provides in part: “Whoever, for thepurpose of . . . influencing in any way the action of such Department . . . makes, passes,utters or publishes any statement, knowing the same to be false . . . shall be fined underthis title or imprisoned not more than two years, or both.”
C. Contract Work Hours and Safety Standards Act.
1. Applicability and Definitions. This paragraph C of Article 1 is applicableonly if a direct form of federal assistance is involved, such as Section 8, Section202/811 Capital Advance, grants etc., and is applicable only where the prime contract isin an amount greater than $100,000. As used in this paragraph C, the terms "laborers"and "mechanics" include watchmen and guards.
2. Overtime requirements. No contractor or subcontractor contracting for anypart of the Contract work that may require or involve the employment of laborers ormechanics shall require or permit any such laborer or mechanic in any workweek inwhich he or she is employed on such work to work in excess of forty (40) hours in suchworkweek unless such laborer or mechanic receives compensation at a rate not lessthan one and one-half times the basic rate of pay for all hours worked in excess of forty(40) hours in such workweek.
3. Violation; liability for unpaid wages; liquidated damages. In the event ofany violation of the immediately preceding subparagraph C.2, the Contractor and anysubcontractor responsible therefore shall be liable for the unpaid wages. In addition,the Contractor and subcontractor shall be liable to the United States (in the case of workdone under contract for the District of Columbia or a territory, to such District or to suchterritory) for liquidated damages. Such liquidated damages shall be computed withrespect to each individual laborer or mechanic, including watchmen and guards,employed in violation of such subparagraph, in the sum of $10 for each calendar day onwhich such individual was required or permitted to work in excess of the standardworkweek of forty (40) hours without payment of the overtime wages required by theclause set forth in such subparagraph.
4. Withholding for unpaid wages and liquidated damages. HUD or itsdesignee shall, upon its own action or upon written request of an authorizedrepresentative of the Department of Labor, withhold or cause to be withheld from anymoneys payable on account of work performed by the Contractor or subcontractorunder any such contract, or under any other Federal contract with the same primecontractor, or under any other Federally-assisted contract subject to the Contract WorkHours and Safety Standards Act which is held by the same prime contractor such sumsas may be determined to be necessary to satisfy any liabilities of such Contractor or
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subcontractor for unpaid wages and liquidated damages as provided in the clause setforth in subparagraph 3 of this paragraph C.
5. Subcontracts. The Contractor or subcontractor shall insert in anysubcontracts the clauses set forth in subparagraphs 1 through 5 of this paragraph C andalso a clause requiring the subcontractors to include these clauses in any lower tiersubcontracts. The prime contractor shall be responsible for compliance by anysubcontractor or lower tier subcontractor with the clauses set forth in suchsubparagraphs 1 through 5.
D. Certification.
For projects with Security Instruments insured under the National Housing Act,as amended, that are subject to paragraph B of this Article 1, the Contractor is requiredto execute the Contractor's Prevailing Wage Certificate within HUD-92448 as acondition precedent to insurance by HUD of the Loan, or an advance thereof, made orto be made by the Lender in connection with the construction of the Project.
Article 2: Equal Employment Opportunity
A. Applicability. This Article 2 applies to any contract for construction work, ormodification thereof, as defined in the regulations of the Secretary of Labor at 41 CFRChapter 60, which is paid for in whole or in part with funds obtained from the FederalGovernment or borrowed on the credit of the Federal Government pursuant to a grant,contract, loan insurance, or guarantee, or undertaken pursuant to any Federal programinvolving such grant, contract, loan, insurance, or guarantee.
B. The Contractor shall not discriminate against any employee or applicant foremployment because of race, color, religion, sex, disability, or national origin. TheContractor shall take affirmative action to ensure that applicants are employed, and thatemployees are treated during employment without regard to their race, color, religion,sex, disability or national origin. Such action shall include, but not be limited to thefollowing: employment, upgrading, demotion, or transfer; recruitment or recruitmentadvertising; layoff or termination; rates of pay or other forms of compensation; andselection for training including apprenticeship. The Contractor agrees to post inconspicuous places available to employees and applicants for employment notices tobe provided setting forth the provisions of this nondiscrimination clause.
C. The Contractor shall, in all solicitations or advertisements for employeesplaced by or on behalf of the Contractor state that all qualified applicants shall receiveconsideration for employment without regard to race, color, religion, sex, disability, ornational origin.
D. The Contractor shall send to each labor union or representative of workerswith which it has a collective bargaining agreement or other contract or understanding anotice to be provided advising the said labor union or workers representatives of theContractor's commitments hereunder, and shall post copies of the notice in conspicuousplaces available to employees and applicants for employment.
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E. The Contractor shall comply with all provisions of Executive Order 11246 ofSeptember 24, 1965 and of the rules, regulations, and relevant orders of the Secretaryof Labor.
F. The Contractor shall furnish all information and reports required by ExecutiveOrder 11246 of September 24, 1965, and by rules, regulations, and orders of theSecretary of Labor, or pursuant thereto, and shall permit access to its books, records,and accounts by the Secretary of Labor for purposes of investigation to ascertaincompliance with such rules, regulations, and orders.
G. In the event of the Contractor's noncompliance with the nondiscriminationclauses of this Contract or with any of the said rules, regulations, or orders, thisContract may be canceled, terminated, or suspended in whole or in part and Contractormay be declared ineligible for further government contracts or federally assistedconstruction contracts in accordance with procedures authorized in Executive Order11246 of September 24, 1965, and such other sanctions may be imposed and remediesinvoked as provided in Executive Order 11246 of September 24, 1965, or by rule,regulations or order of the Secretary of Labor, or as otherwise provided by law.
H. The Contractor shall include the provisions of paragraphs A through H of thisArticle 2 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 Order11246 of September 24, 1965, so that such provisions shall be binding upon eachsubcontractor or vendor. The Contractor shall take such action with respect to anysubcontract or purchase order as HUD or the Secretary of Labor may direct as a meansof enforcing such provisions, including sanctions for noncompliance. Provided, however,that in the event the Contractor becomes involved in, or is threatened with, litigation witha subcontractor or vendor as a result of such direction by HUD or the Secretary ofLabor, the Contractor may request the United States to enter into such litigation toprotect the interests of the United States.
Article 3: Equal Opportunity for Businesses and Lower Income PersonsLocated Within the Project Area
A. This Article 3 is applicable to projects covered by Section 3, as defined in24 CFR Part 135.
B. The work to be performed under this Contract is on a project assisted under aprogram providing direct Federal financial assistance from HUD and is subject to therequirements of Section 3 of the Housing and Urban Development Act of 1968, asamended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasibleopportunities for training and employment be given to lower income residents of the unitof local government or the metropolitan area (or non-metropolitan county) asdetermined by HUD in which the Project is located and contracts for work in connectionwith the Project be awarded to business concerns which are located in, or owned insubstantial part by persons residing in the same metropolitan area (or non-metropolitancounty) as the Project.
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Article 4: Health and Safety
A. This Article 4 is applicable only where the prime contract is in an amountgreater than $100,000.
B. No laborer or mechanic shall be required to work in surroundings or underworking conditions which are unsanitary, hazardous, or dangerous to his or her healthand safety as determined under construction safety and health standards promulgatedby the Secretary of Labor by regulation.
C. The Contractor shall comply with all regulations issued by the Secretary ofLabor pursuant to 29 CFR Part 1926, and failure to comply may result in imposition ofsanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701et seq.
D. The Contractor shall include the provisions of this Article 4 in everysubcontract so that such provisions shall be binding on each subcontractor. TheContractor shall take such action with respect to any subcontract as HUDor the Secretary of Labor shall direct as a means of enforcing such provisions.
Equal Employment Opportunity
CONTRACTOR’S AFFIRMATIVE ACTION REQUIREMENTS HUD-98198 (9-79)
A. Attachment A is the Goals and Timetables for Minority and Female Utilization under this contract. They are expressed as percentages of the aggregate workforce in each trade. The goal for minority participation is 4.0%, trade by trade, of the workforce. The goal for the participation of women is 6.9%, trade by trade, of the workforce. These goals must be included in all non-exempt subcontracts also.
B. Attachment B is called the “Equal Employment Opportunity (EEO) Clause.” This must be included in all contracts, subcontracts and/or purchase orders which exceed $10,000. The EEO Clause consists of paragraphs 1-7.
C. Attachment C covers the Equal Opportunity Standards (EOS). This part details the obligations of
prime and non-exempt subcontractors working under the contract.
1. It defines the applicable minority groups;
2. It defines the Affirmative Action (AA) requirements in paragraphs 7a - 7p;
3. It spells out your obligations in dealing with craft unions;
4. It defines the sanctions and penalties for non-compliance on the part of subcontractors,
5. Requires you to identify a responsible company official who will monitor, report and evaluate you AA efforts
ATTACHMENT A NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246)
1. The Offeror’s or Bidder's attention is called to the "Equal Employment Opportunity (EEO) Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as follows:
Goals for minority participation for each trade: 4.0 Goals for female participation for each trade: 6.9
These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is Lowell, Massachusetts.
3. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4.
shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60.4.3 (a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and females employment and training must substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees to trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.
4. The Contractor shall provide written notification to the Director of the Office of Federal Contract
Compliance Programs within 10 working days of award of any construction contract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the following information for the General Contractor and each Subcontractor: name, address and telephone number; employer identification number; estimated dollar amount of each contract; estimated starting and completion dates of each contract; and the geographical area in which the contract is to be performed. The address is as follows:
Office of Federal Contract Compliance U.S. Department of Labor JFK Federal Building - Room E235 Boston, MA 02203
ATTACHMENT B EQUAL EMPLOYMENT OPPORTUNITY (EEO) CLAUSE The applicant agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such a grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The contractor 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 Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
3. The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractors' commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Contractor 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 Contractor 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 his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of ascertain compliance with such rules, regulations, and orders.
6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction 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 Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) 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 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 Contractor becomes involved in, or is threatened with litigation with a Subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided that if the applicant so participating is a State or local government the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and Subcontractors with the equal opportunity clause and the rules, regulations, and relevant order of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibilities for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Contractors and Subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee): refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
ATTACHMENT C STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION SPECIFICATIONS (EXECUTIVE ORDER 11246)
1. As used in these specifications:
a) "Covered area" means the geographical area described in the solicitation from which this contract resulted:
b) "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority.
c) "Employer identification number" means the Federal Social Security Number used on the Employers Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
d) "Minority" includes:
i. Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
ii. Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race);
iii. Asian and Pacific Island (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
iv. American Indian or Alaskan Native; (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which the contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to make good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in Paragraph 7a through p of these specifications. The goals set forth in the solicitation from which this contract
resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
a) Ensure and maintain a working environment free of harassment, intimidation, and
coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents and other on-site supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.
b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses.
c) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each such individuals. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken.
d) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations.
e) Develop on-the-job training opportunity and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under 7b. above.
f) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc. by specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these terms with on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractor and Subcontractors with whom the Contractor does or anticipates doing business.
i) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.
j) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractors work force.
k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.
l) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.
m) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out.
n) Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers including circulation of solicitations to minority and female contractor associations.
p) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or
more of their affirmative action obligations (7a through p). The efforts of the contractor association, joint contractor union, contractor-community, or other similar group of which the contractor is a member and a participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractors, and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The
Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may also be in violation of the Executive Order if a specific minority group of women ins underutilized.)
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate
against any person because of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of
the Equal Opportunity Claude, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulating, by the Office of Federal Contract Compliance Programs. Any Contractor who
fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications shall implement specific
affirmative action steps, at least as extensive as those standards prescribed in Paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.3.
14. The Contractor shall designate a responsible official to monitor all employment related activity to
ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records shall as least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g. mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which
established different standards of compliance or upon the application of requirements for the hiring of local or other residents (e.g. those under the Public Work Employment Act of 1977 and the Community Development Block Grant Program).
END OF SECTION
form HUD-92010 (3/2006) VA form 26-421
U.S. Department of Housingand Urban Development Office of Housing OMB Control No. 2502-0029Federal Housing Commissioner (exp. 9/30/2016)
Equal EmploymentOpportunity CertificationExcerpt From 41 CFR §60-1.4(b)
The applicant hereby agrees that it will incorporate or cause to beincorporated into any contract for construction work, or modifi-cation thereof, as defined in the regulations of the Secretary ofLabor at 41 CFR Chapter 60, which is paid for in whole or in partwith funds obtained from the Federal Government or borrowedon the credit of the Federal Government pursuant to a grant,contract, loan insurance, or guarantee, or undertaken pursuant toany Federal program involving such grant, contract, loan, insur-ance, or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees asfollows:
(1) The contractor will not discriminate against any employee orapplicant for employment because of race, color, religion,sex, or national origin. The contractor will take affirmativeaction to ensure that applicants are employed, and that em-ployees are treated during employment without regard totheir race, color, religion, sex, or national origin, such actionshall include, but not be limited to the following: Employ-ment, upgrading, demotion, or transfer; recruitment or re-cruitment advertising; layoff or termination; rates of pay orother forms of compensation; and selection for training,including apprenticeship. The contractor agrees to post inconspicuous places, available to employees and applicantsfor employment, notices to be provided setting forth theprovisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements foremployees placed by or on behalf of the contractor, state thatall qualified applicants will receive considerations for em-ployment without regard to race, color, religion, sex, ornational origin.
(3) The contractor will send to each labor union or representativeof workers with which it has a collective bargaining agree-ment or other contract or understanding, a notice to beprovided advising the said labor union or workers' represen-tatives of the contractor's commitments under this section,and shall post copies of the notice in conspicuous placesavailable to employees and applicants for employment.
(4) The contractor will comply with all provisions of ExecutiveOrder 11246 of September 24, 1965, and of the rules, regu-lations and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports re-quired by Executive Order 11246 of September 24, 1965, andby rules, regulations, and orders of the Secretary of Labor, orpursuant thereto, and will permit access to its books, records,and accounts by the administering agency and the Secretaryof Labor for purposes of investigation to ascertain compli-ance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with thenondiscrimination clauses of this contract or with any of thesaid rules, regulations, or orders, this contract may be can-celed, terminated, or suspended in whole or in part and thecontractor may be declared ineligible for further Govern-ment contracts or federally assisted construction contracts inaccordance with procedures authorized in Executive Order11246 of September 24, 1965, and such other sanctions maybe imposed and remedies invoked as provided in ExecutiveOrder 11246 of September 24, 1965, or by rule, regulation, ororder of the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence imme-diately preceding paragraph (1) and the provisions of para-graphs (1) through (7) in every subcontract or purchase orderunless exempted by rules, regulations, or orders of the Sec-retary of Labor issued pursuant to section 204 of ExecutiveOrder 11246 of September 24, 1965, so that such provisionswill be binding upon each subcontractor or vendor. Thecontractor will take such action with respect to any subcon-tract or purchase order as the administering agency maydirect as a means of enforcing such provisions, includingsanctions for noncompliance: Provided, however, That inthe event a contractor becomes involved in, or is threatenedwith, litigation with a subcontractor or vendor as a result ofsuch direction by the administering agency the contractormay request the United States to enter into such litigation toprotect the interests of the United States.
The applicant further agrees that it will be bound by the above equalopportunity clause with respect to its own employment practiceswhen it participates in federally assisted construction work:
Provided, That if the applicant so participating is a State or localgovernment, the above equal opportunity clause is not applicableto any agency, instrumentality or subdivision of such governmentwhich does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively withthe administering agency and the Secretary of Labor in obtainingthe compliance of contractors and subcontractors with the equalopportunity clause and the rules, regulations, and relevant ordersof the Secretary of Labor, that it will furnish the administeringagency and the Secretary of Labor such information as they mayrequire for the supervision of such compliance, and that it willotherwise assist the administering agency in the discharge of theagency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering intoany contract or contract modification subject to Executive Order11246 of September 24, 1965, with a contractor debarred from, orwho has not demonstrated eligibility for, Government contractsand Federally-assisted construction contracts pursuant to theExecutive order and will carry out such sanctions and penaltiesfor violation of the equal opportunity clause as may be imposed
Firm Name and Address By
Title
Department of Veterans Affairs
form HUD-92010 (3/06)VA form 26-421
upon contractors and subcontractors by the administering agencyor the Secretary of Labor pursuant to Part II, Subpart D of theExecutive order. In addition, the applicant agrees that if it fails orrefuses to comply with these undertakings, the administeringagency may take any or all of the following actions: Cancel,terminate, or suspend in whole or in part this grant (contract, loan,insurance, guarantee); refrain from extending any further assis-tance to the applicant under the program with respect to which thefailure or refund occurred until satisfactory assurance of futurecompliance has been received from such applicant; and refer the caseto the Department of Justice for appropriate legal proceedings.
Excerpt from HUD Regulations
200.410Definition of term “applicant”.
(a) In multifamily housing transactions where controls over themortgagor are exercised by the Commissioner either throughthe ownership of corporate stock or under the provisions ofa regulatory agreement, the term “applicant” as used in thissubpart shall mean the mortgagor.
(b) In transactions other than those specified in paragraph(a) ofthis section, the term “applicant” as used in this subpart shallmean the builder, dealer or contractor performing the con-struction, repair or rehabilitation work for the mortgagor orother borrower.
200.420Equal Opportunity Clause to be included in contracts andsubcontracts.
(a) The following equal opportunity clause shall be included ineach contract and subcontract which is not exempt:During the performance of this contract, the contractor agreesas follows:
(1) The contractor will not discriminate against any em-ployee or applicant for employment because of race, creed,color, or national origin. The contractor will take affirmativeaction to ensured that applicants are employed, and thatemployees are treated during employment without regard totheir race, creed, color, or national origin. Such action shallinclude, but not be limited to the following: employment,upgrading, demotion or transfer; recruitment or recruitmentadvertising; layoff or termination; rates of pay or other formsof compensation; and selection for training, including ap-prenticeship. The contractor agrees to post in conspicuousplaces, available to employees and applicants for employ-ment, notices to be provided setting forth the provisions ofthe nondiscrimination clause.
(2)The contractor will in all solicitations or advertisements foremployees placed by or on behalf of the contractor, state that allqualified applicants will receive consideration for employmentwithout regard race, creed, color, or national origin.
(3) The contractor will send to each labor union or repre-sentative of workers with which he has a collective bargain-ing agreement or other contract or understanding, a notice, tobe provided, advising the said labor union or workers’ repre-sentative of the contractor’s commitments under this section,and shall post copies of the notices in conspicuous placesavailable to employees and applicants for employment.(4) The contractor will comply with all provisions of Ex-ecutive Order 10925 of March 6 1961, as amended, and of theregulations, and relevant orders of the President’s Commit-tee on Equal Employment Opportunity created thereby.
(5) The contractor will furnish all information and reportsrequired by Executive Order 10925 of March 6, 1961, asamended, and by the regulations, and orders of the saidCommittee , or pursuant thereto, and will permit access to hisbooks, records, and accounts by HUD and the Committee forpurposes of investigation to ascertain compliance with suchregulations, and orders.
(6) In the event of the contractor’s non-compliance withthe nondiscrimination clause of this contract or with any ofthe said regulations, or orders, this contract may be can-celled, terminated or suspended in whole or in part and thecontractor may be declared ineligible for further Govern-ment contracts or Federally-assisted construction contractsin accordance with procedures authorized in Executive Order10925 of March 6, 1961, as amende, and such other sanctionsmay be imposed and remedies invoke s provided in the saidExecutive Order or by regulations, or order of the President’sCommittee on Equal Employment Opportunity, or as other-wise provided by law.
(7) The contractor will include the provisions of Para-graphs(1) through (7) in every subcontract or purchase orderunless exempted by regulations, or orders of the President’sCommittee on Equal Employment Opportunity issued pursu-ant to Section 303 of Executive Order 10925 of March 6,1961, as amended, so that such provisions will be bindingupon each subcontractor or vender. The contractor will takesuch action with respect to any subcontract or purchaseorders as HUD may direct as a means of enforcing suchprovisions, including sanctions for noncompliance: Provided,however, that in the event the contractor becomes involvedin, or is threatened with, litigation with a subcontractor orvender as a result of such direction by HUD, the contractormay request the United States to enter into such litigation toprotect the interests of the United States.
(b) Except in subcontracts for the performance of constructionwork at the site of construction, the clause is not required tobe inserted in subcontracts below the second tier. Subcontractsmay incorporate by referenced to the equal opportunity clause.
200.425Modification in and exemptions from the regulations inthis subpart.
(a) The following transactions and contracts are exempt from theregulations in this subpart:(1) Loans, mortgages, contracts and subcontracts not ex-ceeding $10,000.
(2) Contract and subcontracts not exceeding $100,000 forstandard commercial supplies or raw material;
(3)Contracts and subcontracts under which work is to be or hasbeen performed outside the United States and where no recruit-ment of workers within the United States in involved. To theextent that work pursuant to such contracts is done within theUntied States, the equal opportunity clause shall be applicable;(4) Contracts for the sale of Government property whereno appreciable amount of work is involved; and
(5) Contracts and subcontracts for an indefinite quantitywhich are not to extend for ore than one year if the purchaserdetermines that the amounts to be ordered under any suchcontract or subcontract are not reasonably expected to exceed$100,000 in the case of contracts or subcontracts for standardcommercial supplies and raw materials, or $10,000 in thecase of all other contracts and subcontracts.
DHCD 11/07/2016 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS 00.73.36 1 of 3
SECTION 00.73.36 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS
1. DEFINITIONS
For purposes of this Section 00.73.36, the following additional definitions shall apply:
A. "Minority" means a person who meets one or more of the following definitions:
(1.) American Indian or Native American means: all persons having origins in any of the original peoples of North America and who are recognized as an Indian by a tribe or tribal organization.
(2.) Asian means: All persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian sub-continent, or the Pacific Islands, including, but Not limited to China, Japan, Korea, Samoa, India, and the Philippine Islands.
(3.) Black means: All persons having origins in any of the Black racial groups of Africa, including, but not limited to, African-Americans, and all persons having origins in any of the original peoples of the Cape Verdean Islands.
(4.) Eskimo or Aleut means: All persons having origins in any of the peoples of Northern Canada, Greenland, Alaska, and Eastern Siberia.
(5.) Hispanic means: All persons having their origins in any of the Spanish-speaking peoples of Mexico, Puerto Rico, Cuba, Central or South America, or the Caribbean Islands.
B. "Commission" or "MCAD" means the Massachusetts Commission Against Discrimination.
C. "E.E.O. Officer" or Equal Employment Opportunity Officer means those persons designated by the Contractor, the Owner, or any other agency or party having jurisdiction under this contract, that serve in a capacity to implement this Section.
2. CONDITIONS
A. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religious creed, national origin, age, handicap, or sex. The aforesaid provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment advertising; recruitment layoff; termination; rates of pay or other forms of compensation; conditions or privileges of employment; and selection for apprenticeship.
B. The Contractor shall post notices provided by the Commission, in conspicuous places, setting forth the provisions of the Fair Employment Practices Law of the Commonwealth.
C. The Contractor shall undertake in good faith affirmative action measures designed to eliminate any discriminatory barriers in the terms and conditions of employment on the grounds of race, color, religious creed, national origin, age, handicap, or sex, and to eliminate and remedy any effects of such discrimination in the past. Such affirmative action shall entail positive and aggressive measures to ensure equal opportunity in the areas of hiring, upgrading, demotion or transfer, recruitment, layoff or termination, rate of compensation, and in-service or apprenticeship training programs. This affirmative action shall include all action required to guarantee equal employment opportunity for all persons, regardless of race, color, religious creed, national origin, age or sex.
D. The Contractor shall not discriminate on grounds of race, color, religious creed, national origin, age, or sex in employment practices, in the selection or retention of Subcontractors, or in the procurement of materials and rentals of equipment.
E. The Commission and a designee of the Owner shall have access to the construction site and all applicable records of the Contractor and Subcontractors.
F. The Contractor's EEO Certificate must be signed by the low general and all filed sub-bidders as a condition of Contract validation by the Department.
DHCD 11/07/2016 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS 00.73.36 2 of 3
3. MINORITY GOAL MINIMUM MINORITY PERCENTAGES
A. Pursuant to his/her obligations under the preceding section, the Contractor shall strive to achieve on this project the labor participation goals contained herein
The participation goals for this project shall be 15.3% for minorities and 6.9% for women.
B. The participation goals, as set forth herein, shall not be construed as quotas or set-asides; rather, such participation goals will be used to measure the progress of the Commonwealth's equal opportunity, non-discrimination and affirmative action program. Additionally, the participation goals contained herein should not be seen or treated as a floor or as a ceiling for the employment of particular individuals or group of individuals.
C. Such job categories shall include but not be limited to those "Classes of Work" enumerated in M.G.L. c.149 §44F and for trades covered by Item 1 of the Contractor's bid.
D. These percentages shall apply to the Contractor and to all Subcontractors, regardless of tier, for all on-site Work.
4. REFERRALS
A. In the hiring of minority journeymen, apprentices, trainees and advanced trainees, the Contractor shall rely on referrals from a multi-employer affirmative action program approved by the Department or the Commission; and traditional referral methods utilized by the construction industry, where such referrals are needed to meet minority hiring requirements. The Contractor shall keep accurate records of such requests for referrals.
B. Records of employment referral orders, prepared by the Contractor, shall be made available to the Owner and to the Department upon request.
5. EEO WORK FORCE REPORTING PROCEDURES
A. The Contractor shall provide the following information to the Owner on copies of the forms found at the end of this Section.
(1.) Weekly Manpower Reports 00.73.36.04: The Contractor shall prepare a report after each week of activity, reflecting the actual working hours of all personnel identified as minority or non-minority. (a) This report shall be received by the Owner no later than the Friday following the week reported. (b) Failure to provide information shall result in sanctions as provided in this section.
6. COMPLIANCE - REPORTS AND INFORMATION
A. The Contractor shall provide all information and reports required by the Owner or the Department and will permit access to its facilities and to any books, records, accounts and other sources of information which may be determined by the Owner or the Department to affect the employment of personnel. Where information required is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Owner or the Department as appropriate and shall set forth what efforts have been made to obtain the information.
DHCD 11/07/2016 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS 00.73.36 3 of 3
7. COMPLIANCE - INVESTIGATIONS
A. Whenever the Owner's EEO Officer, the MCAD, or the Department believes the Contractor may not be operating in compliance with the terms of these requirements, the Department shall conduct an investigation, and may confer with the parties, to verify such allegations. The Department shall not initiate an investigation without prior notice to the Contractor.
B. If the Department finds the Contractor in non-compliance, it shall make a preliminary report, and notify the Contractor in writing of the steps necessary to bring such Contractor into compliance. A copy of this report shall be sent to the Department's Affirmative Action Officer.
8. COMPLIANCE - DEPARTMENT - AFFIRMATIVE ACTION INVESTIGATION
A. If the Contractor fails or refuses to fully perform the steps necessary to achieve compliance, the Department shall make a report of non-compliance to the Department's Affirmative Action Officer, who will then conduct an investigation.
B. Should the Department's Affirmative Action Officer find the Contractor in non-compliance a final report recommending the imposition of one or more of the sanctions listed below shall be issued.
C. Within fifteen (15) days of said report the Department shall, after due notice and giving the Contractor an opportunity to respond, move to impose one or more of the following sanctions to attain compliance.
D. If the Department's Affirmative Action Office believes the Contractor has taken or is taking every possible measure to achieve compliance, a report shall show the Contractor is in compliance.
9. SANCTIONS
A. For each week that the Contractor fails or refuses to comply, the Department may recover from the Contractor, 1/100 of 1% of the original Contract Sum or $1000 whichever sum is greater, in the nature of liquidated damages.
B. If a Subcontractor is in non-compliance, the Department may recover from the Contractor, 1/10 of 1% of the Subcontract Sum, or $400 whichever sum is greater, in the nature of liquidated damages, to be assessed by the Contractor as a back charge against the Subcontractor for each week that Subcontractor fails or refuses to comply.
C. The Owner may suspend part or all of any payment due under the contract until such time as the Contractor or any Subcontractor is able to demonstrate compliance with the terms of the Contract;
D. The Owner may terminate, or cancel part or all of the Contract, in accordance with the provisions of Article 19 of the General Conditions, unless the Contractor or any Subcontractor is able to demonstrate, within a specified time, compliance with the terms of the Contract.
E. The Contractor may request the Department and Owner to suspend the sanctions conditionally. Whereupon the Department shall investigate corrective measures taken by the Contractor and shall either lift or re-impose the sanctions.
10. SEVERABILITY
A. The provisions of this section are severable, and if any of these provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions of the Contract.
END OF EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS
00.73.36
EEO Certificate 00.73.36.01 1 of 1
FORM OF CONTRACTOR'S EQUAL EMPLOYMENT CERTIFICATION
This form must be completed and submitted by the Contractor prior to the signing of the Owner-Contractor Agreement.
This certifies that:
Contractor
Street Address
City/State/Zip Code
1. Intends to use the following listed construction trades in the work under this contract:
2. Will comply with the minority manpower ratio and specific affirmative action steps contained in
Section 00.73.36 of this Contract; and
3. Will obtain similar certifications from each of its subcontractors and submit to the Owner prior to the
award of any subcontract under this contract the subcontractor’s certification.
SIGNATURE OF AUTHORIZED REPRESENTATIVE OF CONTRACTOR
NAME AND TITLE
DATE
EEO Certificate 00.73.36.02 1 of 1
FORM OF SUBCONTRACTOR'S EQUAL EMPLOYMENT CERTIFICATION
This form must be completed and submitted by the Contractor prior to the signing of the Owner-Contractor Agreement.
This certifies that:
Name of Filed Subcontractor
Street Address
City/State/Zip Code
1. Intends to use the following listed construction trades in the work under this contract:
2. Will comply with the minority manpower ratio and specific affirmative action steps contained in
Section 00.73.36 of this Contract; and
3. Will obtain similar certifications from each of its subcontractors and submit to the Owner prior to the
award of any subcontract under this contract the subcontractor’s certification.
SIGNATURE OF AUTHORIZED REPRESENTATIVE OF SUBCONTRACTOR
NAME AND TITLE
DATE
form HUD-2516 (8/98)Previous editions are obsolete.
Contract and Subcontract Activity OMB Approval No.: 2535-0117 (exp. 1/31/2013)
U.S. Department of Housing and Urban Development
1. Grantee/Project Owner/Developer/Sponsor/Builder/Agency Check if: 2. Location (City, State, ZIP Code)
PHAIHA
3a. Name of Contact Person 3b. Phone Number (Including Area Code) 4. Reporting Period 5. Program Code (Not applicable for CPD programs.) 6. Date Submitted to Field Office
Oct. 1 - Sept. 30 (Annual-FY) See explanation of codes at bottom of page.
Use a separate sheet for each program code.
Contractor orGrant/Project Number or Amount of Type of Subcontractor Woman Prime Contractor Sec. Subcontractor Sec. Contractor/Subcontractor Name and Address
HUD Case Number or Contract Trade Business Owned Identification (ID) 3 Identification (ID) 3 7j.other identification of property, or Subcontract Code Racial/Ethnic Business Number Numbersubdivision, dwelling unit, etc. (See Code (Yes or
below) (See below) No) Name Street City State Zip Code7a. 7b. 7c. 7d. 7e. 7f. 7g. 7h. 7i.
7c: Type of Trade Codes:
CPD: Housing/Public Housing:1 = New Construction 1 = New Construction 6 = Professional2 = Education/Training 2 = Substantial Rehab. 7 = Tenant Services3 = Other 3 = Repair 8 = Education/Training
4 = Service 9 = Arch./Engrg. Appraisal5 = Project Mangt. 0 = Other
7d: Racial/Ethnic Codes:
1 = White Americans2 = Black Americans3 = Native Americans4 = Hispanic Americans5 = Asian/Pacific Americans6 = Hasidic Jews
5: Program Codes (Complete for Housing and Public and Indian Housing programs only):
1 = All insured, including Section 8 5 = Section 2022 = Flexible Subsidy 6 = HUD-Held (Management)3 = Section 8 Noninsured, Non-HFDA 7 = Public/Indian Housing4 = Insured (Management
Public Reporting Burden for this collection of information is estimated to average .50 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing thecollection of information. This information is voluntary. HUD may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB Control Number.
Executive Order 12421 dated July 14, 1983, directs the Minority Business Development Plans shall be developed by each Federal Agency and that these annual plans shall establish minority business development objectives. The information is used by HUD to monitorand evaluate MBE activities against the total program activity and the designated minority business enterprise (MBE) goals. The Department requires the information to provide guidance and oversight for programs for the development of minority business enterpriseconcerning Minority Business Development. If the information is not collected HUD would not be able to establish meaningful MBE goals nor evaluate MBE performance against these goals.While no assurances of confidentiality is pledged to respondents, HUD generally discloses this data only in response to a Freedom of Information request.
Privacy Act Notice - The United States Department of Housing and Urban Development, Federal Housing Administration, is authorized to solicit the information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and regulationspromulgated thereunder at Title 12, Code of Federal Regulations. It will not be disclosed or released outside the United States Department of Housing and Urban Development without your consent, except as required or permitted by law.
form HUD-2516 (8/98)Previous editions are obsolete.
This report is to be completed by grantees, developers, sponsors, builders, agencies,and/or project owners for reporting contract and subcontract activities of $10,000 ormore under the following programs: Community Development Block Grants (entitle-ment and small cities); Urban Development Action Grants; Housing DevelopmentGrants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities;and contracts entered into by recipients of CDBG rehabilitation assistance.
Contracts/subcontracts of less than $10,000 need be reported only if such contractsrepresent a significant portion of your total contracting activity. Include only contractsexecuted during this reporting period.
This form has been modified to capture Section 3 contract data in columns 7g and 7i.Section 3 requires that the employment and other economic opportunities generatedby HUD financial assistance for housing and community development programs shall,to the greatest extent feasible, be directed toward low- and very low-income persons,particularly those who are recipients of government assistance for housing. Recipientsusing this form to report Section 3 contract data must also use Part I of form HUD-60002 to report employment and training opportunities data. Form HUD-2516 is to be
may establish income ceilings higher or lower than 80 per centum of the median for thearea on the basis of the Secretary’s findings that such variations are necessarybecause of prevailing levels of construction costs or unusually high or low-incomefamilies. Very low-income persons means low-income families (including singlepersons) whose incomes do not exceed 50 per centum of the median family incomefor the area, as determined by the Secretary with adjustments for smaller and largerfamilies, except that the Secretary may establish income ceilings higher or lower than50 per centum of the median for the area on the basis of the Secretary’s findings thatsuch variations are necessary because of unusually high or low family incomes.
Submit two (2) copies of this report to your local HUD Office within ten (10) days afterthe end of the reporting period you checked in item 4 on the front.
Complete item 7h. only once for each contractor/subcontractor on each semi-annualreport.
Enter the prime contractor's ID in item 7f. for all contracts and subcontracts. Includeonly contracts executed during this reporting period. PHAs/IHAs are to report allcontracts/subcontracts.
firm receiving contract/subcontract activity only one time on each report for each firm.
Multifamily Housing Programs
1. Grantee/Project Owner: Enter the name of the unit of government, agency ormortgagor entity submitting this report.
3. Contact Person: Same as item 3 under CPD Programs.
4. Reporting Period: Check only one period.
5. Program Code: Enter the appropriate program code.
7a. Grant/Project Number: Enter the HUD Project Number or Housing Develop-ment Grant or number assigned.
7b. Amount of Contract/Subcontract: Same as item 7b. under CPD Programs.
7c. Type of Trade: Same as item 7c. under CPD Programs.
7d. Business Racial/Ethnic/Gender Code: Same as item 7d. under CPD Pro-grams.
7e. Woman Owned Business: Enter Yes or No.
7f. Contractor Identification (ID) Number: Same as item 7f. under CPD Programs.
7g. Section 3 Contractor: Enter Yes or No.
7h. Subcontractor Identification (ID) Number: Same as item 7h. under CPDPrograms.
7i. Section 3 Contractor: Enter Yes or No.
7j. Contractor/Subcontractor Name and Address: Same as item 7j. under CPDPrograms.
Public Housing and Indian Housing Programs
PHAs/IHAs are to report all contracts/subcontracts. Include only contracts executedduring this reporting period.
1. Project Owner: Enter the name of the unit of government, agency or mortgagorentity submitting this report. Check box as appropriate.
3. Contact Person: Same as item 3 under CPD Programs.
4. Reporting Period: Check only one period.
5. Program Code: Enter the appropriate program code.
7a. Grant/Project Number: Enter the HUD Project Number or Housing Develop-ment Grant or number assigned.
7b. Amount of Contract/Subcontract: Same as item 7b. under CPD Programs.
7c. Type of Trade: Same as item 7c. under CPD Programs.
7d. Business Racial/Ethnic/Gender Code: Same as item 7d. under CPD Pro-grams.
7e. Woman Owned Business: Enter Yes or No.
7f. Contractor Identification (ID) Number: Same as item 7f. under CPD Programs.
7g. Section 3 Contractor: Enter Yes or No.
7h. Subcontractor Identification (ID) Number: Same as item 7h. under CPDPrograms.
7i. Section 3 Contractor: Enter Yes or No.
7j. Contractor/Subcontractor Name and Address: Same as item 7j. under CPDPrograms.
completed for public and Indian housing and most community development programs.Form HUD-60002 is to be completed by all other HUD programs including Stateadministered community development programs covered under Section 3.
A Section 3 contractor/subcontractor is a business concern that provides economicopportunities to low- and very low-income residents of the metropolitan area (ornonmetropolitan county), including a business concern that is 51 percent or moreowned by low- or very low-income residents; employs a substantial number of low- orvery low-income residents; or provides subcontracting or business developmentopportunities to businesses owned by low- or very low-income residents. Low- andvery low-income residents include participants in Youthbuild programs establishedunder Subtitle D of Title IV of the Cranston-Gonzalez National Affordable Housing Act.
The terms “low-income persons” and “very low-income persons” have the samemeanings given the terms in section 3(b)(2) of the United States Housing Act of 1937.Low-income persons mean families (including single persons) whose incomes do notexceed 80 per centum of the median income for the area, as determined by theSecretary, with adjustments for smaller and larger families, except that the Secretary
Community Development Programs
1. Grantee: Enter the name of the unit of government submitting this report.
3. Contact Person: Enter name and phone of person responsible for maintainingand submitting contract/subcontract data.
7a. Grant Number: Enter the HUD Community Development Block Grant Identifica-tion Number (with dashes). For example: B-32-MC-25-0034. For EntitlementPrograms and Small City multi-year comprehensive programs, enter the latestapproved grant number.
7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to thenearest dollar. If subcontractor ID number is provided in 7f, the dollar figure would befor the subcontract only and not for the prime contract.
7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f., the type of tradecode would be for the subcontractor only and not for the prime contractor. The "other"category includes supply, professional services and all other activities except con-struction and education/training activities.
7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicatesthe racial/ethnic /gender character of the owner(s) and controller(s) of 51% of thebusiness. When 51% or more is not owned and controlled by any single racial/ethnic/gender category, enter the code which seems most appropriate. If the subcontractorID number is provided, the code would apply to the subcontractor and not to the primecontractor.
7e. Woman Owned Business: Enter Yes or No.
7f. Contractor Identification (ID) Number: Enter the Employer (IRS) Number of thePrime Contractor as the unique identifier for prime recipient of HUD funds. Note thatthe Employer (IRS) Number must be provided for each contract/subcontract awarded.
7g. Section 3 Contractor: Enter Yes or No.
7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Numberof the subcontractor as the unique identifier for each subcontract awarded from HUDfunds. When the subcontractor ID Number is provided, the respective PrimeContractor ID Number must also be provided.
7i. Section 3 Contractor: Enter Yes or No.
7j. Contractor/Subcontractor Name and Address: Enter this information for each
DHCD 11/07/2016 ALL PROJECTS EEO CONTRACTOR’S WEEKLY MANPOWER REPORT 00.73.36.04
Massachusetts Department of
Housing and Community Development
EEO CONTRACTOR'S WEEKLY MANPOWER REPORT
Housing Authority Development No. Contract Amount $
General Contractor: Minority Participation Goal 15.3%
Women Participation Goal 6.9%
Name of Contractor Filing Report: Trade(s):
Week Ending: Report No.: Check Here if you are a non-filed Subcontractor
Check Here if this is a Final Report Date Work Began: Date Work Completed
Job Category # of Employees
Weekly Total
Manhours
Total Manhours
to Date
# of Minorities
Weekly Total
Minority Manhours
Weekly % Minority
Manhours
# of Women
Weekly Total
Women Manhours
Weekly % Women
Manhours
Total Manhours
to Date
Total Minority
Manhours to Date
% of Minority
Manhours to Date
Total Women
Manhours to Date
% of Women
Manhours to Date
Mail Reports to: Awarding Authority Prepared by:
Title: Date: 20
DHCD 11/07/2016 SUPPLIER DIVERSITY PROGRAM- EXECUTIVE ORDER 524 MBE/WBE 00.73.39 c.149 & c.30 §39M $100K+ 1 of 4
00.73.39 SUPPLIER DIVERSITY PROGRAM - EXECUTIVE ORDER 524
MINORITY AND WOMEN BUSINESS ENTERPRISES 1. PROJECT REQUIREMENTS
General bidders must agree to contract with minority and women-owned businesses as certified by the Supplier Diversity Office (SDO) formerly known as SOMWBA. The amount of participation which shall be reserved for such enterprises shall not be less than the percentages stated in document 00.11.00 Advertisement found elsewhere in these contract documents.
2. DEFINITIONS:
For purposes of this Section 00.73.39.00 the following definitions shall apply:
A. "Minority business enterprise'' or "MBE'', means a business enterprise that is owned and controlled by one or more socially or economically disadvantaged persons. Such disadvantage may arise from cultural, racial, chronic economic circumstances or background or other similar cause. Such persons include, but are not limited to, African Americans, Cape Verdeans, Western Hemisphere Hispanics, Asians, American Indians, Eskimos, and Aleuts. For purposes of section 61 and of section 40N of chapter 7, the term "minority owned business'' shall have the same meaning as "minority business enterprise''.
B. "SDO” means the Supplier Diversity Office. ,
C. "Minority Business Enterprise" (MBE) means a business organization which is owned and controlled fifty-one percent (51%) or more by one or more minority group members and certified as such by SDO.
D. "Women Business Enterprise" (WBE) means a business organization which is owned and controlled fifty-one percent (51%) or more by one or more women and certified as such by SDO.
E. "MBE/WBE Manufacturer" means a person or firm certified by SDO and engaged in the process of making, fabricating, constructing, forming or assembling a product(s) from raw, unfinished, semi-finished, or finished materials through a direct contract with a contractor, subcontractor, or supplier.
F. "MBE/WBE Subcontractor" means a person or firm certified as such by SDO and contractually engaged by the contractor to perform a portion (a) of the contracted Work, including labor, materials and supplies, or (b) labor, materials and supplies, or any combination thereof.
G. "MBE/WBE Supplier" means a person or firm certified as such by SDO and engaged in selling of materials and supplies to contractors, subcontractors, and/or manufacturers for the purpose of constructing, repairing, remodeling, adding to or subtracting from, or improving any building, structure or property through a direct contract with a contractor or subcontractor. Said MBE/WBE must sustain substantial financial risk in the process of performing/supplying the work for this contract.
H. "Amount of Participation" means the percentage stated on the advertisement of the final contract amount which is to be contracted to MBE/WBEs for work to be performed on this contract in accordance with this Section 00.73.39.
3. JOINT VENTURES
A. A Joint Venture shall mean a business arrangement between MBE/WBEs and a non-SDO certified General Contractor, in which the MBE or WBE has at least a twenty-five percent (25%) interest in the Contract, and in which the other has at least the required minimum percentage of participation
DHCD 11/07/2016 SUPPLIER DIVERSITY PROGRAM- EXECUTIVE ORDER 524 MBE/WBE 00.73.39 c.149 & c.30 §39M $100K+ 2 of 4
in the Contract. It is expected that the M/WBE having the minimum 25% interest will participate in the management and decision making aspects of the project proportionate to its percentage of ownership and interest in the Contract.
B. An M/WBE Joint Venture shall mean a business arrangement wherein a SDO certified MBE or WBE serves as a General Contractor and engages the services of another SDO certified MBE or WBE (whichever is required) in an amount not less than twenty-five percent (25%) of the Contract amount, and in which the management and decision making aspects of the project are shared to the degree of participation and ownership in the Contract.
4. CONDITIONS
A. Once the Contractor agrees to comply with these provisions, and within 5 working days after receipt of bids, unless an extension of time or waiver for compliance is granted in accordance with Article 3 of the Instructions to Bidders, the apparent low bidder must submit a completed Participation Schedule and Letters of Intent covering each SDO certified MBE and WBE used to satisfy the requirements of this Section 00.73.39. These letters shall include the contract items the MBEs and/or WBEs are proposing to perform and the prices that the MBEs and/or WBEs propose to charge for the work.
B. MBE and WBEs listed on the Participation Schedule may be any combination of MBE/WBE
Subcontractors, MBE/WBE Manufactures, or MBE/WBE Suppliers as defined in Paragraph 2.G.
C. Letters of Intent are not required from filed sub-bidders who are SDO Certified MBEs or WBEs.
D. The amount of participation of MBE/WBEs listed in The Participation Schedule must total at least the percentage set forth in the Advertisement. The amounts indicated in the Letter of Intent shall not be less than the amount shown on the Participation Schedule. The SDO Certified MBEs and/or WBEs for whom Letters of Intent are submitted must be identical to the ones listed on the Participation Schedule. No substitutions shall be made without the written approval of the Owner.
E. The Contractor may include MBEs and/or WBEs utilized by non-certified subcontractors to satisfy the requirements of this article.
F. MBE/WBE Certification from any other agency/municipality shall not be considered applicable for this Contract.
G. If a filed sub-bidder listed as a MBE and/or WBE is rejected for failure to obtain a performance and payment bond from a surety qualified to do business in the Commonwealth when requested by the general bidder to do so at the time of bid, said failure shall not entitle the general bidder to avoid the requirements of this Section 00.73.39.
H. The Contractor shall not change the MBEs and/or WBEs listed in the Participation Schedule or make any other such MBE/WBE substitutions after the Contract has been executed or during construction without the written approval of the Owner.
5. COMPLIANCE
A. The Contractor must provide information as is necessary, in the judgment of the Owner to ascertain compliance with the terms of this Section 00.73.39.
B. The Contractor shall provide an executed Contractor's Affidavit of Payment to Minority Business Enterprises Form 00.73.39.05 as found in this Section.
C. If the Contractor desires to comply with this Section 00.73.39, but for reasons beyond its control cannot do so in accordance with the Participation Schedule, the Contractor must submit to the Owner the reason for its inability to comply and proposed revisions to the Participation Schedule stating how conditions of this Section 0073.39 are to be met.
DHCD 11/07/2016 SUPPLIER DIVERSITY PROGRAM- EXECUTIVE ORDER 524 MBE/WBE 00.73.39 c.149 & c.30 §39M $100K+ 3 of 4
6. MBE/WBE REPORTING PROCEDURES
A. The Contractor shall provide, an executed Contractor’s Affidavit of Payment to Minority Business Enterprises 00.73.39.05 on a copy of the form found at the end of this Section.
(1.) The Owner may request copies of canceled checks to confirm compliance. (2.) This affidavit shall be submitted by the Contractor as payments are made to MBE/WBEs for
Work completed on this project. (3.) Affidavits shall be sent to:
Department of Housing and Community Development 100 Cambridge Street – 3rd Floor Boston, MA 02114 ATT: Construction Contract Specialist
(4.) Failure to submit by these reports could result in sanctions described in Paragraph 7.
7. SANCTIONS
A. If at any time during the life of this Contract, the Contractor is found to be out of compliance with this Section 00.73.39, sanctions may be imposed within fifteen (15) working days after notification to the Contractor of said violation. If within those fifteen (15) days the Contractor remedies the non-compliance to the satisfaction of the Owner or provides compelling documentation as outlined in Paragraph 8.B said sanctions may be postponed or waived. If the Contractor requires more than fifteen (15) days to remedy non-compliance, it shall make a written request to the Owner for a time extension. This request shall be made within the original fifteen (15) day period.
B. If the Contractor fails to comply with the terms of these conditions, the Owner may impose the following sanctions: (.1) require the Contractor to provide equivalent substitute participation with SDO Certified
MBEs and/or WBEs acceptable to the Owner and at no additional cost to the Owner; or (.2) suspend any payment for the Work that should have been but was not performed by a MBE
and/or WBE pursuant to the Participation Schedule.
C. To the extent that the Contractor has not complied with the terms of these conditions, the Owner may withhold from any Certificate for Payment moneys equivalent to the product of the percentage of completion times the MBE and/or WBE dollar amount, minus the amount already paid to MBEs and/or WBEs for Work performed under the contract, minus any amounts withheld for previous non-compliance.
8. RECOURSE
A. The Owner has the option not to impose sanctions if the Contractor demonstrates, to the satisfaction of the Department, that the Contractor has taken every possible measure to comply with Section 00.73.39. This may constitute a reason for waiving this Section in whole or in part.
B. To demonstrate every possible measure, the Contractor shall furnish: (.1) the name of each firm solicited for quotations on each Subcontract, the price quoted by
each, and whether or not the firm solicited was a minority or woman-owned business; (.2) the reason for not subcontracting with a minority or woman-owned business enterprise
when applicable; (.3) evidence showing efforts by the Contractor to supplement its own and SDO lists of minority
and woman-owned business sources by contacting the Small Business Administration, trade organizations, the General Services Administration (U.S. Government), minority contractors' organizations, community organizations and other likely sources of names of additional minority or woman-owned business firms capable of performing the Work; and
(.4) evidence showing other efforts to comply with this Section 00.73.39.
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9. WAIVERS
The Owner has the discretion to determine that compliance with the participation goals is not feasible and may be reduced or waive these goals. To reduce or waive the MBE/WBE participation goals the apparent low general bidder must make this request in writing to the Owner no later than five (5) working days after the general bid opening. See Article 3.3 - Instructions to Bidders.
10. SEVERABILITY
The provisions of this section are severable, and if any of these provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions of the Contract.
End of 00.73.39
SUPPLIER DIVERSITY PROGRAM - EXECUTIVE ORDER 524 MINORTY AND WOMEN OWNED BUSINESS ENTERPRISES
11/07/2016 SDO CERTIFIED MBE/WBE PARTICIPATION SCHEDULE 00.73.39.01 1 of 1
SDO CERTIFIED MBE/WBE PARTICIPATION SCHEDULE This form must be submitted by the apparent low general bidder within five working days of receipt of bids. Letters of Intent from all MBEs or WBEs listed must be submitted with this Participation Schedule.
Project Name of Project
The undersigned intends to subcontract with the following firms for the listed work and dollar amounts:
Name of Company Description of Work MBE
or WBE Supplier or Subcontractor Value of
Participation
1
$
2 $
3 $
4 $
5 $
6 $
7 $
8 $
Dollar Value of MBE Commitment: $
Dollar Value of WBE Commitment: $
Total Dollar Value Commitment: $
BIDDER CERTIFICATION The undersigned certifies under the penalties of perjury that (1) it intends to subcontract with the above listed firms for the identified work and dollar amounts unless a waiver or partial waiver has been granted by the Owner and (2) certifies that he/she has read Section 00.73.39 conditions contained in the contract documents with regards to MBE/WBE participation and is authorized to bind the contractor to the commitment set forth above.
Name of General Contractor
Date Authorized Signature
Address
City, State & Zip Code
11/07/2016 SDO CERTIFIED MBE/WBE LETTER of INTENT 00.73.39.02 1 of 1
SDO CERTIFIED MBE/WBE LETTER OF INTENT
This form is provided for SDOA Certified MBEs and WBEs being utilized as on this contract. This form must be completed by each SDO Certified MBE or WBE and submitted by the general bidder. General bidders or filed sub-bidders that are SDO Certified MBEs and WBEs may omit this form.
TO: General Bidder FROM SDO Certified MBE or WBE
Name: Name: Street Address: Street Address: City/Town City/Town Phone: Phone: Fax: Fax: Email: Email:
RE: Project: Name of Project
1. My company intends to perform work in connection with the above project as:
an individual a corporation a partnership
a joint venture with other
(explain)
2. My company is certified by SDO as a MBE WBE in the following categories:
3. My company has not changed its ownership, control, or management in any ways that affect certification since obtaining SDO certification
4. My company understands that if your company is awarded the contract, your company intends to enter into an agreement to perform the work described below for the price indicated. My company also understands that your company will make substitutions only as allowed by Section 00.73.39 of the above project
5. My company intends to Brief Description of work
This Work
includes: Labor & Materials Labor Only Materials only
for a total amount of Dollars $
Date
Authorized Signature of SCE
Name and Title
Please advise the Owner immediately if either party attempts to renegotiate this agreement
11/07/2016 Affidavit of Payment to MBE/WBE 00.73.39.05 1 of 1
Date: _____________
TO: Department of Housing & Community Development FROM: Dean Harris, SDP Coordinator _________________________________ 100 Cambridge Street, Suite 300 Name of Contractor Boston, MA 02202 _________________________________ Phone: (617) 573-1177 Address Fax: (617) 573-1285 _________________________________ City, State, Zip RE: Contract: ________ Housing Authority Project No.__________ Original Contract Amount $
Record Period Ending _______
KNOW ALL MEN BY THESE PRESENTS: The undersigned certifies that they have met the Minority Business Enterprise (MBE) and Women Owned Business Enterprises (WBE) requirements for the above named contract which states in part that the General Contractor:
1. Shall submit this form quarterly or at any time requested by DHCD, completing the information below;
2. Have subcontracted with the following M/WBEs in the dollar amounts enumerated in the Participation Schedule and Letters of Intent in effect at the time of contract execution; and
3. Have made the following payments to each of the W/MBEs for work performed on this project. MBE/WBE Work Performed Subcontractor Total Payments Payments this Performed Amount to Date Quarter
_______________________ __________________ __________________ ________________ __________________
_______________________ __________________ __________________ ________________ __________________
_______________________ __________________ __________________ ________________ __________________
_______________________ __________________ __________________ ________________ __________________
_______________________ __________________ __________________ ________________ __________________
_______________________ __________________ __________________ ________________ __________________
In WITNESS WHEREOF, the undersigned has signed and sealed this instrument under the pain and penalty of perjury. This __________________ Day of ___________________ 20 ___
________________________________ Name of General Contractor
________________________________ Signed and Sealed
On this _____ day of ____________ 20___, before me, the undersigned Notary Public, personally appeared _________________, duly designated by the board of directors and proved to me, through satisfactory evidence of identification, which was _________________, that s/he is the person whose name is signed on the foregoing documents, and acknowledged to me that s/he signed it voluntarily for its stated purpose and that it was her/his free act and deed.
________________________________ Notary Public My Commission Expires:
LOWELL HOUSING AUTHORITY Page 1
CERTIFICATION FOR BUSINESS CONCERNS SEEKING SECTION 3 BUSINESS PREFERENCE IN CONTRACTING AND DEMONSTRATION OF CAPABILITY
NAME OF BUSINESS:
ADDRESS OF BUSINESS: TYPE OF BUSINESS: Corporation Partnership Sole Proprietorship Joint Venture
Attached is the following documentation as evidence of status: For business claiming status as a Section 3 resident-owned Enterprise:
Copy of resident lease Other evidence Copy of evidence of participation in a public assistance program For the business entity as applicable:
Copy of Articles of Incorporation Certificate of Good Standing
Assumed Business Name Certificate Partnership Agreement
List of owners/stockholder and % of each Corporation Annual Report
Latest Board minutes appointing officers Additional documentation
Organization chart with names and titles and brief functional statement For business claiming Section 3 status by subcontracting 25% of the dollar awarded to qualified Section 3 business:
List of subcontracted Section 3 business and subcontract amount
For business claiming Section 3 status, claiming at least 30% of their workforce are currently Section 3 residents or were Section 3 eligible residents within 3 years of date of first employment with the business:
List of all current full time employees List of all employees claiming Section 3 status
PHA Residential lease (less than 3 years Other evidence of Section 3 status (less than3 years from date of employment) from date of employment)
Evidence of ability to perform successfully under the terms and conditions of the proposed contract:
Current financial statement List of owned equipment
Statement of ability to comply List of all contracts for the past 2 years with public policy
Corporate Seal
Authorizing Name and Signature Notary
My term expires: Title _____________________________________________________________________________________ Signature Date Printed Name
LOWELL HOUSING AUTHORITY Page 2
SUGGESTED AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF PROJECT AREA BUSINESSES
Number Of All Contracts Proposed:
Name Of Company:
Dollar Value Of All Contracts Proposed:
Project:
To The Greatest Extent Feasible, Contracts Will Be Awarded Through Negotiation Or Bid To Qualified Project Area Businesses.
Goal Of These Contracts For Project Area Businesses:
PROPOSED TYPE OF CONTRACT APPROX. COST PROPOSED TYPE OF CONTRACT APPROX. COST
Outline The Program To Achieve These Goals For Economically And Socially Disadvantaged:
NOTE: To Complete The Affirmative Action Plan, Follow Steps Outlines In Attached Exhibit. (INSERT THIS DOCUMENT IN BID DOCUMENTS AND WITH BID) DATE:
_____________________________________________________________________________________ Signature Date Printed Name
LOWELL HOUSING AUTHORITY Page 3
SUGGESTED AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF PROJECT AREA BUSINESSES
(con'd) SUGGESTED SECTION 3 PRELIMINARY WORKFORCE STATEMENT UTILIZATION OF LOWER INCOME PROJECT AREA RESIDENTS AS REGULAR, PERMANENT EMPLOYEES, TRAINEES, APPRENTICES.
COMPANY NAME:
ADDRESS:
PROJECT:
PRESENT PERMANENT EMPLOYEES
(At Time of Contract Signing)
SECTION 3 WORKFORCE PROJECTION (Residents)
TOTAL PROJECTED WORKFORCE
INCREASE
TRAINEES
APPRENTICES
JOURNEYPERSONS
LABORERS
SUPERVISORY
SUPERINTENDENT
PROFESSIONAL
CLERICAL
NOTE: RESIDENTS ARE THOSE LOWER INCOME PROJECT AREA RESIDENTS WHO HAVE BEEN QUALIFIED AS ELIGIBLE.
_____________________________________________________________________________________ Signature Date Printed Name
LOWELL HOUSING AUTHORITY Page 4
This contract is subject to the following conditions under Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). 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 or 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 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.
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 (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 Enterprise. 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).
SECTION 3 BUSINESS PREFERENCE CLAUSE
LOWELL HOUSING AUTHORITY Page 5
PREFERENCE FOR SECTION 3 BUSINESS CONCERNS IN CONTRACTING OPPORTUNITIES The HA has established the following priority for preference when providing contracting opportunities to Section 3 Businesses: Priority I
Category 1a Business 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.
Priority II Category 1b Business Business concerns whose workforce includes 30 percent of residents of the housing development for which the Section 3-covered assistance is expended, or within three (3) years of the date of first employment with the business concern, were residents of the Section 3-covered housing development.
Priority III Category 2a Business Business concerns that are 51 percent or more owned by residents of any other housing development or developments.
Priority IV Category 2b Business Business concerns whose workforce includes 30 percent of residents of any other public housing development or developments, or within three (3) years of the date of first employment with the business concern, were “Section 3” residents of any other public housing development.
Priority V Category 3 Business Business concerns participating in HUD Youth-build programs being carried out in the metropolitan area in which the Section 3-covered assistance is expended.
Priority VI Category 4a Business Business concerns that are 51 percent or more owned by Section 3 residents in the metropolitan area, or whose permanent, full-time workforce includes no less than 30 percent of Section 3 residents in the metropolitan area, or within three (3) years of the date of employment with the business concern, were Section 3 residents in the metropolitan area.
Priority VII Category 4b Business Business concerns that subcontract in excess of 25 percent of the total amount of subcontracts to Section 3 business concerns.
Eligibility for Preference A business concern seeking to qualify for a Section 3 contracting preference shall certify or submit evidence that the business concern is a Section business concern.
LOWELL HOUSING AUTHORITY Page 6
HUD directs within 24 CFR 135 that the HA may make award to qualified Section 3 business concern with the highest priority ranking and with the lowest responsive bid if that bid is:
(a) within the maximum total contract price established by the HA; or
(b) not more than “X” higher than the total bid price of the lowest responsive bid from any
responsible bidder. “X” is determined as follows:
“X” = LESSOR OF: When the lowest responsive bid is less than $100,000
10% of that bid, or $9,000.00
When the lowest responsive bid is at least: $100,000.00, but less than $200,000.00 9% of that bid, or $16,000.00 $200,000.00, but less than $300,000.00 8% of that bid, or $21,000.00 $300,000.00, but less than $400,000.00 7% of that bid, or $24,000.00 $400,000.00, but less than $500,000.00 6% of that bid, or $25,000.00 $500,000.00, but less than $1,000,000.00 5% of that bid, or $40,000.00 $1,000,000.00, but less than $2,000,000.00 4% of that bid, or $60,000.00 $2,000,000.00, but less than $4,000,000.00 3% of that bid, or $80,000.00 $4,000,000.00, but less than $7,000,000.00 2% of that bid, or $105,000.00 $7,000,000.00, or more 1.5% of the lowest responsive and
responsible bid with no dollar limit
PREVAILING WAGES AND LABOR REGULATIONS
EMPLOYEE RIGHTS UNDER THE DAVIS-BACON ACT
FOR LABORERS AND MECHANICS EMPLOYED ON FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION PROJECTS
THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION
PREVAILING WAGES
OVERTIME
ENFORCEMENT
APPRENTICES
PROPER PAY
You must be paid not less than the wage rate listed in the Davis-Bacon Wage Decision posted with this Notice for the work you perform.
You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week. There are few exceptions.
Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment.
Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs.
If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below:
or contact the U.S. Department of Labor’s Wage and Hour Division.
1-866-4-USWAGE(1-866-487-9243) TTY: 1-877-889-5627
WWW.WAGEHOUR.DOL.GOVU.S. Department of Labor Employment Standards Administration Wage and Hour Division
WH 1321(Revised April 2009)
For additional information:
Rita V. BrousseauChief Procurement Officer Lowell Housing Authority350 Moody Street, Lowell, MA 01854 (978) 364-5341 [email protected]
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Labor Relations
FEDERAL LABOR STANDARDS COMPLAINT INTAKE FORM
HUD FORM 4731 OMB Approval No. 2501-0018
(Exp. 08/31/2010)
PREVIOUS EDITION IS OBSOLETE form HUD-4731 (6/2004)
Name of complainant
Social Security Number
Current address of complainant (Street/City/State/Zip Code)
Permanent address, if different from current address
Telephone (including area code) (Home/Cell/Other)
E-Mail address
Project name, location and contract/project number
Prime contractor company name
Employer (company) name
Employer: name of owner/responsible party
Employer address
Employer: contact information (Telephone/Cell/Other)
Check one: Current employee
Former employee
Other (specify)
Period employed on the project
From:
To:
Occupation/job title:
Duties performed (be specific)
Tools used and/or equipment operated
Wage Rate: $ per Hour Day Week Piece Other (specify):
Hours usually worked on the project
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Usual start and stop times Start work time: End work time:
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Labor Relations
FEDERAL LABOR STANDARDS COMPLAINT INTAKE FORM
HUD FORM 4731 OMB Approval No. 2501-0018
(Exp. 08/31/2010)
PREVIOUS EDITION IS OBSOLETE form HUD-4731 (6/2004)
Name of complainant
Social Security Number
Yes No Yes No
Were meal breaks taken?
If yes, how long were the breaks?
_____________________________
Did the employer keep time records?
Paid Overtime (time and ½) after 40 hours? Did the complainant keep time records?
Paid for all hours worked? Does complainant have other personal records (pay stubs, log books, etc.) he/she can provide?
Was/is the complainant an Apprentice? Were fringe benefits paid?
If fringe benefits were paid, check all that apply:
Cash in lieu of fringe benefits Life insurance Pension
Health insurance Dental insurance Holiday/Sick/Vacation
Identify other fringe benefits paid
Names of others affected by the alleged violation(s)
Names of others who can verify/attest to the complainant’s allegations
Continuation sheets attached
Complainant’s personal interview attached
Complaint taken by:
Name (print clearly)
Phone number (including area code) and E-mail address
Title
Agency, office
Signature
Date
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining data needed, and completing and reviewing the collection of information. The information is considered sensitive and will not be released without your approval. Provision of this information is voluntary. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid Office of Management and Budget (OMB) control number. HUD and local agencies administering HUD-assisted programs must enforce Federal wage and reporting requirements on covered HUD-assisted construction and maintenance work. Enforcement activities include collecting information from laborers and mechanics and other interested parities regarding information about their employment on covered projects.
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: 02/28/2018
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)
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 Stat. 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 benefits 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.
Project Wage Rate Sheet U.S. Department of Housing and Urban Development Office of Labor Relations
form HUD-4720 (03/2004)
PROJECT NAME:
WAGE DECISION NUMBER/MODIFICATION NUMBER:
PROJECT NUMBER:
PROJECT COUNTY:
WORK CLASSIFICATION
BASIC HOURLY RATE (BHR)
FRINGE BENEFITS
TOTAL HOURLY WAGE RATE
LABORERS FRINGE BENEFITS:
$
Bricklayers
$
GROUP #
BHR
TOTAL WAGE
Carpenters
$
$
Cement Masons
$
$
Drywall Hangers
$
$
Electricians
$
$
Iron Workers
$
$
Painters
$
OPERATORS FRINGE BENEFITS:
$
Plumbers
$
GROUP # BHR TOTAL WAGE
Roofers
$
$
Sheet Metal Workers
$
$
Soft Floor Layers
$
$
Tapers
$
$
Tile Setters
$
TRUCK DRIVERS FRINGE BENEFITS:
$
OTHER CLASSIFICATIONS
GROUP # BHR TOTAL WAGE
$
$
$
$
$
$
ADDITIONAL CLASSIFICATIONS (HUD Form 4230-A) WORK CLASSIFICATION
BASIC HOURLY
RATE
FRINGE
BENEFITS
TOTAL HOURLY
WAGE RATE
DATE OF HUD SUBMISSION TO
DOL
DATE OF DOL
APPROVAL
$
$
$
$
DHCD 11/07/2016 PREVAILING WAGE AND LABOR REGULATIONS 00.73.43 1 of 1
SECTION 00.73.43 PREVAILING WAGES and LABOR REGULATIONS
1. PREVAILING WAGE RATES
A. The rate per hour to be paid to mechanics, apprentices, teamsters, chauffeurs, and laborers employed on the Work shall not be less than the rate of wages in the attached "Minimum Wage Rates" as determined by the Commissioner of the Massachusetts Department of Labor Division of Occupational Safety. This schedule shall continue to be the minimum rate of wages for said employees during the life of this Contract. Any questions relative to the applicability of any wage rate shall be directed to the Division of Occupational Safety.
B. Keep a legible copy of said schedule posted on the site at all times. Provide the Owner, on a weekly basis, and keep an on-site file of the wage rates and classifications of labor employed on this Work in order that they may be available for inspection by the Owner, Department, Architect, or any agency having jurisdiction.
C. Pay reserve police officers employed on the Work the prevailing rate of wages paid to regular police officers as required by MGL c149 § 34B, as amended. Such police officers shall be covered by Worker's Compensation Insurance and Employers Liability Insurance provided by the Contractor.
2. WAGE RATE REPORTING
A. The Contractor and all subcontractors shall provide certified payroll affidavits verifying compliance with MGL c.149 §§26 - 27H.
B. The Contractor and all subcontractors shall provide a Statement of Compliance within 15 days of the completion of its portion of the work. This statement shall be submitted to the Owner on the form found elsewhere in this section.
C. Weekly Payroll Form www.mass.gov/lwd/docs/dos/prevaling-wage/pw-payroll.pdf
D. Statement of Compliance www.mass.gov/lwd/docs/dos/prevaling-wage/pw-compliance.pdf
3. APPRENTICE REQUIREMENTS
Apprentices employed pursuant to this determination of wage rates must be registered and approved by the State Apprenticeship Council wherever rates for journeymen or apprentices are not listed.
4. EMPLOYEE OSHA SAFETY TRAINING
A. All employees who work on this construction site must have no less than 10 hours of OSHA-approved safety and health training. See Chapter 306 of the Acts of 2004.
B. The Contractor and all Subcontractors shall furnish to the Owner, with the certified payroll reports, documentation indicating that each employee has successfully completed 10 hours of a course in construction safety and health. This course must be approved by the United States Occupational Health and Safety Administration (OSHA).
INSERT WAGE RATES OBTAINED FROM Department of Labor, Division of Occupational Safety
END OF PREVAILING WAGE AND LABOR REGULATIONS
00.73.43
Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations
Previous editions are obsolete
Page 1 of 5
form HUD-4010 (06/2009) ref. Handbook 1344.1
Applicabil ity
The Project or Program to which the construct ion work covered by this contract pertains is being assisted by the United States of America and the fol lowing Federal Labor Standards Provisions are included in this Contract pursuant to the provisions appl icable to such Federal assistance.
A. 1. (i ) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, wi l l be paid uncondit ional ly and not less often than once a week, and without subsequent deduct ion or rebate on any account (except such payrol l deduct ions as are permit ted by regulat ions issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the fu l l amount of wages and bona f ide fr inge benefi ts (or cash equivalents thereof) due at t ime of payment computed at rates not less than those contained in the wage determinat ion of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relat ionship which may be al leged to exist between the contractor and such laborers and mechanics. Contribut ions made or costs reasonably ant ic ipated for bona f ide fr inge benef i ts under Sect ion l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contribut ions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the part icular weekly period, are deemed to be construct ively made or incurred during such weekly period.
Such laborers and mechanics shal l be paid the appropriate wage rate and fr inge benefi ts on the wage determinat ion for the classif icat ion of work actual ly performed, without regard to ski l l , except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classif icat ion may be compensated at the rate specif ied for each classif icat ion for the t ime actual ly worked therein: Provided, That the employer’s payrol l records accurately set forth the t ime spent in each classif icat ion in which work is performed. The wage determinat ion (including any addit ional c lassif icat ion and wage rates conformed under 29 CFR 5.5(a)(1)(i i ) and the Davis-Bacon poster (WH-1321) shal l be posted at al l t imes by the contractor and i ts subcontractors at the site of the work in a prominent and accessible, place where i t can be easi ly seen by the workers.
(i i ) (a) Any class of laborers or mechanics which is not l isted in the wage determinat ion and which is to be employed under the contract shal l be classif ied in conformance with the wage determinat ion. HUD shal l approve an addit ional c lassif icat ion and wage rate and fr inge benefi ts therefor only when the fol lowing cri ter ia have been met:
(1) The work to be performed by the classif icat ion requested is not performed by a classif icat ion in the wage determinat ion; and
(2) The classif icat ion is ut i l ized in the area by the construct ion industry; and
(3) The proposed wage rate, including any bona f ide fr inge benefi ts, bears a reasonable relat ionship to the wage rates contained in the wage determinat ion.
(b) I f the contractor and the laborers and mechanics to be employed in the classif icat ion (i f known), or their representat ives, and HUD or i ts designee agree on the classif icat ion and wage rate (including the amount designated for fr inge benefi ts where appropriate), a report of the act ion taken shal l be sent by HUD or i ts designee to the Administrator of the Wage and Hour Divis ion, Employment Standards Administrat ion, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representat ive, wi l l approve, modify, or disapprove every addit ional c lassif icat ion act ion within 30 days of receipt and so advise HUD or i ts designee or wi l l not i fy HUD or i ts designee within the 30-day period that addit ional t ime is necessary. (Approved by the Off ice of Management and Budget under OMB control number 1215-0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classif icat ion or their representat ives, and HUD or i ts designee do not agree on the proposed classif icat ion and wage rate (including the amount designated for f r inge benefi ts, where appropriate), HUD or i ts designee shal l refer the quest ions, including the views of al l interested part ies and the recommendation of HUD or i ts designee, to the Administrator for determinat ion. The Administrator, or an authorized representat ive, wi l l issue a determinat ion within 30 days of receipt and so advise HUD or i ts designee or wi l l not i fy HUD or i ts designee within the 30-day period that addit ional t ime is necessary. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0140.)
(d) The wage rate (including fr inge benefi ts where appropriate) determined pursuant to subparagraphs (1)(i i ) (b) or (c) of this paragraph, shal l be paid to al l workers performing work in the classif icat ion under th is contract from the f irst day on which work is performed in the classif icat ion.
(i i i ) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fr inge benefi t which is not expressed as an hourly rate, the contractor shal l ei ther pay the benefi t as stated in the wage determinat ion or shal l pay another bona f ide fr inge benefi t or an hourly cash equivalent thereof.
(iv) I f the contractor does not make payments to a trustee or other third person, the contractor may consider as part
Previous editions are obsolete Page 2 of 5
form HUD-4010 (06/2009) ref. Handbook 1344.1
of the wages of any laborer or mechanic the amount of any costs reasonably ant ic ipated in providing bona f ide fr inge benefi ts under a plan or program, Provided, That the Secretary of Labor has found, upon the writ ten request of the contractor, that the appl icable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obl igat ions under the plan or program. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD or i ts designee shal l upon i ts own act ion or upon writ ten request of an authorized representat ive of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federal ly-assisted contract subject to Davis-Bacon prevai l ing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprent ices, trainees and helpers, employed by the contractor or any subcontractor the ful l amount of wages required by the contract In the event of fai lure to pay any laborer or mechanic, including any apprent ice, trainee or helper, employed or working on the site of the work, al l or part of the wages required by the contract, HUD or i ts designee may, after wr i t ten not ice to the contractor, sponsor, appl icant, or owner, take such act ion as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds unt i l such violat ions have ceased. HUD or i ts designee may, after wri t ten not ice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respect ive employees to whom they are due. The Comptrol ler General shal l make such disbursements in the case of direct Davis-Bacon Act contracts.
3. (i) Payrolls and basic records. Payrol ls and basic records relat ing thereto shal l be maintained by the contractor during the course of the work preserved for a period of three years thereafter for al l laborers and mechanics working at the si te of the work. Such records shal l contain the name, address, and social secur i ty number of each such worker, his or her correct c lassif icat ion, hourly rates of wages paid (including rates of contribut ions or costs ant ic ipated for bona f ide fr inge benefi ts or cash equivalents thereof of the types described in Sect ion l (b)(2)(B) of the Davis-bacon Act), dai ly and weekly number of hours worked, deduct ions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably ant ic ipated in providing benefi ts under a plan or program described in Sect ion l(b)(2)(B) of the Davis-Bacon Act, the contractor shal l maintain records which show that the commitment to provide such benefi ts is enforceable, that the plan or program is f inancial ly responsible, and that the plan or program has been
communicated in writ ing to the laborers or mechanics affected, and records which show the costs ant ic ipated or the actual cost incurred in providing such benefi ts. Contractors employing apprent ices or trainees under approved programs shal l maintain wr it ten evidence of the registrat ion of apprent iceship programs and cert i f icat ion of trainee programs, the registrat ion of the apprent ices and trainees, and the rat ios and wage rates prescribed in the appl icable programs. (Approved by the Off ice of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.)
(i i ) (a) The contractor shal l submit weekly for each week in which any contract work is performed a copy of al l payrol ls to HUD or i ts designee i f the agency is a party to the contract, but i f the agency is not such a party, the contractor wi l l submit the payrol ls to the appl icant sponsor, or owner, as the case may be, for transmission to HUD or i ts designee. The payrol ls submitted shal l set out accurately and completely al l of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that ful l social securi ty numbers and home addresses shal l not be included on weekly transmittals. Instead the payrol ls shal l only need to include an individual ly ident i fying number for each employee (e.g., the last four digits of the employee’s social securi ty number). The required weekly payrol l information may be submitted in any form desired. Optional Form WH-347 is avai lable for th is purpose from the Wage and Hour Divis ion Web site at http:/ /www.dol.gov/esa/whd/forms/wh347instr.htm or i ts successor site. The prime contractor is responsible for the submission of copies of payrol ls by al l subcontractors. Contractors and subcontractors shal l maintain the ful l social securi ty number and current address of each covered worker, and shal l provide them upon request to HUD or i ts designee i f the agency is a party to the contract, but i f the agency is not such a party, the contractor wi l l submit the payrol ls to the appl icant sponsor, or owner, as the case may be, for transmission to HUD or i ts designee, the contractor, or the Wage and Hour Divis ion of the Department of Labor for purposes of an invest igat ion or audit of compliance with prevai l ing wage requirements. I t is not a violat ion of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social securi ty numbers to the prime contractor for i ts own records, without weekly submission to HUD or i ts designee. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0149.)
(b) Each payrol l submitted shal l be accompanied by a “Statement of Compliance,” s igned by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shal l cert i fy the fol lowing:
(1) That the payrol l for the payrol l period contains the information required to be provided under 29 CFR 5.5 (a)(3)(i i ), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete;
Previous editions are obsolete Page 3 of 5
form HUD-4010 (06/2009) ref. Handbook 1344.1
(2) That each laborer or mechanic (including each helper, apprent ice, and trainee) employed on the contract during the payrol l period has been paid the ful l weekly wages earned, without rebate, either di rect ly or indi rect ly, and that no deduct ions have been made either di rect ly or indirect ly from the ful l wages earned, other than permissible deduct ions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the appl icable wage rates and fr inge benefi ts or cash equivalents for the classif icat ion of work performed, as specif ied in the appl icable wage determinat ion incorporated into the contract.
(c) The weekly submission of a properly executed cert i f icat ion set forth on the reverse side of Optional Form WH-347 shal l sat isfy the requirement for submission of the “Statement of Compliance” required by subparagraph A.3.(i i )(b).
(d) The fals i f icat ion of any of the above cert i f icat ions may subject the contractor or subcontractor to civi l or c riminal prosecut ion under Sect ion 1001 of Tit le 18 and Sect ion 231 of Tit le 31 of the United States Code.
(i i i ) The contractor or subcontractor shal l make the records required under subparagraph A.3.(i) avai lable for inspect ion, copying, or transcript ion by authorized representat ives of HUD or i ts designee or the Department of Labor, and shal l permit such representat ives to interview employees during working hours on the job. I f the contractor or subcontractor fai ls to submit the required records or to make them avai lable, HUD or i ts designee may, after wri t ten not ice to the contractor, sponsor, appl icant or owner, take such act ion as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, fai lure to submit the required records upon request or to make such records avai lable may be grounds for debarment act ion pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i ) Apprentices. Apprent ices wil l be permit ted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individual ly registered in a bona f ide apprent iceship program registered with the U.S. Department of Labor, Employment and Training Administrat ion, Off ice of Apprent iceship Training, Employer and Labor Services, or with a State Apprent iceship Agency recognized by the Off ice, or i f a person is employed in his or her f i rst 90 days of probat ionary employment as an apprent ice in such an apprent iceship program, who is not individual ly registered in the program, but who has been cert i f ied by the Off ice of Apprent iceship Training, Employer and Labor Services or a State Apprent iceship Agency (where appropriate) to be el igible for probat ionary employment as an apprent ice. The al lowable rat io of apprent ices to journeymen on the job site in any craft c lassif icat ion shal l not be greater than the rat io permit ted to the contractor as to the ent ire work force under the registered program. Any worker l isted on a payrol l at an apprent ice wage rate, who
is not registered or otherwise employed as stated above, shal l be paid not less than the appl icable wage rate on the wage determinat ion for the classif icat ion of work actual ly performed. In addit ion, any apprent ice performing work on the job site in excess of the rat io permit ted under the registered program shal l be paid not less than the appl icable wage rate on the wage determinat ion for the work actual ly performed. Where a contractor is performing construct ion on a project in a local i ty other than that in which i ts program is registered, the rat ios and wage rates (expressed in percentages of the journeyman’s hourly rate) specif ied in the contractor’s or subcontractor’s registered program shal l be observed. Every apprent ice must be paid at not less than the rate specif ied in the registered program for the apprent ice’s level of progress, expressed as a percentage of the journeymen hourly rate specif ied in the appl icable wage determinat ion. Apprent ices shal l be paid fr inge benefi ts in accordance with the provisions of the apprent iceship program. I f the apprent iceship program does not specify fr inge benefi ts, apprent ices must be paid the ful l amount of f r inge benefi ts l isted on the wage determinat ion for the appl icable classif icat ion. I f the Administrator determines that a dif ferent pract ice prevai ls for the appl icable apprent ice classif icat ion, fr inges shal l be paid in accordance with that determinat ion. In the event the Off ice of Apprent iceship Training, Employer and Labor Services, or a State Apprent iceship Agency recognized by the Off ice, withdraws approval of an apprent iceship program, the contractor wi l l no longer be permit ted to ut i l ize apprent ices at less than the appl icable predetermined rate for the work performed unt i l an acceptable program is approved.
(i i ) Trainees. Except as provided in 29 CFR 5.16, trainees wil l not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ‘ , to and individual ly registered in a program which has received prior approval, evidenced by formal cert i f icat ion by the U.S. Department of Labor, Employment and Training Administrat ion. The rat io of t rainees to journeymen on the job site shal l not be greater than permit ted under the plan approved by the Employment and Training Administrat ion. Every trainee must be paid at not less than the rate specif ied in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specif ied in the appl icable wage determinat ion. Trainees shal l be paid fr inge benefi ts in accordance with the provisions of the trainee program. I f the trainee program does not mention fr inge benefi ts, t rainees shal l be paid the ful l amount of f r inge benefi ts l isted on the wage determinat ion unless the Administrator of the Wage and Hour Divis ion determines that there is an apprent iceship program associated with the corresponding journeyman wage rate on the wage determinat ion which provides for less than ful l f r inge benefi ts for apprent ices. Any employee l isted on the payrol l at a trainee rate who is not registered and part ic ipat ing in a training plan approved by
Previous editions are obsolete Page 4 of 5
form HUD-4010 (06/2009) ref. Handbook 1344.1
the Employment and Training Administrat ion shal l be paid not less than the appl icable wage rate on the wage determinat ion for the work actual ly performed. In addit ion, any trainee performing work on the job site in excess of the rat io permit ted under the registered program shal l be paid not less than the appl icable wage rate on the wage determinat ion for the work actual ly performed. In the event the Employment and Training Administrat ion withdraws approval of a tra ining program, the contractor wi l l no longer be permit ted to ut i l ize trainees at less than the appl icable predetermined rate for the work performed unt i l an acceptable program is approved.
(i i i ) Equal employment opportunity. The ut i l izat ion of apprent ices, trainees and journeymen under 29 CFR Part 5 shal l be in conformity with the equal employment opportunity requirements of Execut ive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The contractor shal l comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor wi l l insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in th is paragraph A and such other clauses as HUD or i ts designee may by appropr iate instruct ions require, and a copy of the appl icable prevai l ing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower t ier subcontracts. The prime contractor shal l be responsible for the compliance by any subcontractor or lower t ier subcontractor with al l the contract c lauses in this paragraph.
7. Contract termination; debarment. A breach of the contract c lauses in 29 CFR 5.5 may be grounds for terminat ion of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rul ings and interpretat ions of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract
9. Disputes concerning labor standards. Disputes aris ing out of the labor standards provisions of this contract shal l not be subject to the general disputes clause of this contract. Such disputes shal l be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this c lause include disputes between the contractor (or any of i ts subcontractors) and HUD or i ts designee, the U.S. Department of Labor, or the employees or their representat ives.
10. (i) Certification of Eligibil ity. By entering into th is contract the contractor cert i f ies that neither i t (nor he or she) nor any person or f i rm who has an interest in the contractor’s f i rm is a person or f i rm inel igible to be awarded Government contracts by virtue of Sect ion 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or part ic ipate in HUD programs pursuant to 24 CFR Part 24.
(i i ) No part of this contract shal l be subcontracted to any person or f i rm inel igible for award of a Government contract by virtue of Sect ion 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or part ic ipate in HUD programs pursuant to 24 CFR Part 24.
(i i i ) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Addit ional ly, U.S. Criminal Code, Sect ion 1 01 0, Tit le 18, U.S.C., “Federal Housing Administrat ion transact ions”, provides in part : “Whoever, for the purpose of . . . inf luencing in any way the act ion of such Administrat ion.. . . . makes, utters or publ ishes any statement knowing the same to be false. . . . . shal l be f ined not more than $5,000 or imprisoned not more than two years, or both.”
11. Complaints, Proceedings, or Testimony by
Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are appl icable shal l be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has f i led any complaint or inst i tuted or caused to be inst i tuted any proceeding or has test i f ied or is about to test i fy in any proceeding under or relat ing to the labor standards appl icable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.
(2) Violation; l iabil ity for unpaid wages; l iquidated
damages. In the event of any violat ion of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shal l be l iable for the unpaid wages. In addit ion, such contractor and subcontractor shal l be l iable to the United States (in the case of work done under contract for the District of Columbia or a terri tory, to such District or to such terri tory), for l iquidated damages. Such l iquidated damages shal l be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violat ion of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph.
Previous editions are obsolete Page 5 of 5
form HUD-4010 (06/2009) ref. Handbook 1344.1
(3) Withholding for unpaid wages and l iquidated
damages. HUD or i ts designee shal l upon i ts own act ion or upon writ ten request of an authorized representat ive of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federal ly-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to sat isfy any l iabi l i t ies of such contractor or subcontractor for unpaid wages and l iquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shal l insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower t ier subcontracts. The prime contractor shal l be responsible for compliance by any subcontractor or lower t ier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.
C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shal l be required to work in surroundings or under working condit ions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construct ion safety and heal th standards promulgated by the Secretary of Labor by regulat ion.
(2) The Contractor shal l comply with al l regulat ions issued by the Secretary of Labor pursuant to Tit le 29 Part 1926 and fa i lure to comply may result in imposit ion of sanct ions pursuant to the Contract Work Hours and Safety Standards Act, (Publ ic Law 91-54, 83 Stat 96). 40 USC 3701 et seq.
(3) The contractor shal l include the provisions of this paragraph in every subcontract so that such provisions wi l l be binding on each subcontractor. The contractor shal l take such act ion with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shal l di rect as a means of enforcing such provisions.
"General Decision Number: MA20200001 09/25/2020
Superseded General Decision Number: MA20190001
State: Massachusetts
Construction Type: Building
Counties: Barnstable, Bristol, Dukes, Essex, Middlesex, Nantucket, Norfolk and Suffolk Counties in Massachusetts.
BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to and including 4 stories)
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date 0 01/03/2020 1 02/14/2020 2 02/21/2020 3 03/13/2020 4 08/07/2020 5 08/28/2020 6 09/18/2020 7 09/25/2020
ASBE0006-001 09/01/2019
Rates Fringes
Insulator/asbestos worker Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems (ZONE A)...................$ 48.44 29.90 (ZONE B)...................$ 48.44 29.90
ZONES:
ZONE A BARNSTABLE COUNTY (Brewster, Chatham, Dennis, Eastham, Harwich, Orleans, Provincetown, Truro, Wellfleet, Yarmouth) BRISTOL COUNTY (Easton), MIDDLESEX COUNTY, and NORFOLK COUNTY (Avon, Braintree, Brookline, Canton, Cohasset, Dedham, Dover, Foxborough, Holbrook, Medfield, Medway, Millis, Milton, Needham, Norfolk, Norwood, Quincy, Randolph, Sharon, Stoughton, Walpole, Wellesley, Westwood, Weymouth)
ZONE B BARNSTABLE COUNTY (Barnstable, Bourne, Falmouth, Mashpee, Sandwich), BRISTOL COUNTY (All cities except Easton),and NORFOLK COUNTY (Bellingham, Franklin, Plainville)
---------------------------------------------------------------- ASBE0006-002 12/01/2019
BARNSTABLE (Brewster, Chatham, Dennis, Eastham, Harwich, Orleans, Provincetown, Truro, Wellfleet and Yarmouth); BRISTOL (Easton); ESSEX; MIDDLESEX; NORFOLK (Avon, Braintree, Brookline, Canton, Cohasset, Dedham, Dover, Foxboro, Holbrook, Hull, Medfield, Medway, Millis, Milton, Needham, Norfolk, Norwood, Quincy, Randolph, Sharon Stoughton, Walpole, Wellesley, Westwood, and Weymouth) AND SUFFOLK COUNTIES
Rates Fringes
HAZARDOUS MATERIAL HANDLER (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems whether they contain asbestos or not)....$ 36.60 22.25 ---------------------------------------------------------------- ASBE0006-010 09/01/2019
BARNSTABLE (Barnstable, Bourne, Falmouth, Mashpee and Sandwich); BRISTOL (Acushnet, Attleboro city, Berkeley, Dartmouth, Dighton, Fairhaven, Fall river City, Freetown, Marion, Mansfield, New Bedford City, North Attleboro, Norton, Raynham, Rehoboth, Seekonk, Somerset, Swansea, Taunton City and Westport); DUKES; NANTUCKET; NORFOLK (Bellingham, Franklin, Plainville, and Wrentham); PLYMOUTH (Lakeville, Mattapoisett, Middleboro, Rochester and Wareham)
Rates Fringes
Insulator/asbestos worker (Includes the application of all insulating materials, protective coverings, coatings and finishes to all types of mechanical systems.)....$ 48.44 29.90 ---------------------------------------------------------------- BOIL0029-001 01/01/2017
Rates Fringes
BOILERMAKER......................$ 42.42 24.92 ---------------------------------------------------------------- BRMA0001-008 02/01/2019
FOXBORO CHAPTER BRISTOL (Attleboro, Berkley, Dighton, Mansfield, North Attleboro, Norton, Raynham, Rehoboth, Seekonk, Taunton) AND NORFOLK (Bellingham, Canton, Dedham, Foxboro, Franklin, Norfolk, Norwood, Plainville, Sharon, Walpole, Westrwood, Wrentham) COUNTIES
Rates Fringes
Bricklayer, Cement Mason, Plasterer........................$ 51.41 31.09 ---------------------------------------------------------------- BRMA0001-009 02/01/2020
LOWELL CHAPTER MIDDLESEX (Acton, Asby, Ayer, Bedford, Billerica, Boxboro, Carlisle, Chemsford, Dracut, Dunstble, Ft. Denvens, Groton, Littleton, Lowell, North Acton, Pepperell, Shirley, South Acton, Tewksbury, Townsend, Tyngsboro, West Acton, Westford, Wilmington)
Rates Fringes
Bricklayer and plasterer.........$ 52.26 34.26 ---------------------------------------------------------------- BRMA0001-010 02/01/2020
LOWELL CHAPTER MIDDLESEX (Ashland, Framingham, Holliston, Hopkinton, Hudson, Maynard, Natick, Sherbvorn, Stow); and NORFOLK (Medfield, Medway,Millis)
Rates Fringes
BRICKLAYER.......................$ 52.26 34.26 ---------------------------------------------------------------- BRMA0003-001 02/01/2020
Rates Fringes
Marble & Tile Finisher...........$ 41.49 32.82 Marble, Tile & Terrazzo Workers..........................$ 53.34 34.80 TERRAZZO FINISHER................$ 54.42 34.98 ---------------------------------------------------------------- BRMA0003-003 02/01/2020
BOSTON CHAPTER MIDDLESEX (Arlington, Cambridge, Everett, Malden, Medford, Melrose, Somerville); NORFOLK (Brookline, Milton); and SUFFOLK
Rates Fringes
BRICKLAYER.......................$ 54.40 35.01 ---------------------------------------------------------------- BRMA0003-006 02/01/2020
LYNN CHAPTER ESSEX (Amesbury, Andover, Beverly, Boxford, Danvers, Essex, Georgetown, Gloucester, Groveland, Hamilton, Haverhill, Ipsewich, Lawrence, Lynn, Lynnfield, Manchester, Marblehead, Merrimac, Methuen, Middleton, Nahant, Newbury, Newburyport, North Andover, Peabody, Rockport, Rowley, Salisbury, Salem, Saugus, Swampscott, Topsfield Wakefield, Wenham, West Newbury); and MIDDLESEX (Reading, North Reading, Wakefield)
Rates Fringes
Bricklayer, cement mason and plasterer........................$ 54.40 35.01 ---------------------------------------------------------------- BRMA0003-007 02/01/2020
WALTHAM CHAPTER MIDDLESEX (Belmont, Burlington, Concord, Lexington, Lincoln, Stoneham, Sudbury, Waltham, Watertown, Wayland, Weston, Winchester, Woburn)
Rates Fringes
Bricklayer and plasterer.........$ 54.40 35.01 ---------------------------------------------------------------- BRMA0003-008 02/01/2020
NEWTON CHAPTER MIDDLESEX (Newton) and NORFOLK (Dover, Needham, Wellesley)
Rates Fringes
Bricklayer, cement mason and plasterer........................$ 54.40 35.01 ---------------------------------------------------------------- BRMA0003-009 02/01/2020
NEW BEDFORD BARNSTABLE; BRISTOL (Acushnet, Darmouth, Farhaven, Fall River, Freetown, New Bedford, Somerset, Swansea, Westport); DUKES; and NANTUCKET COUNTIES
Rates Fringes
Bricklayer, cement mason and plasterer........................$ 54.40 35.01 ---------------------------------------------------------------- BRMA0003-010 02/01/2020
QUINCY CHAPTER NORFOLK COUNTY (Avon, Braintree, Cohasset, Holbrook, Quincy, Randolph, Soughton, Weymouth)
Rates Fringes
Bricklayer, cement mason and plasterer........................$ 54.40 35.01 ---------------------------------------------------------------- CARP0056-011 08/01/2020
SUFFOLK (All of County); and those areas of BARNSTABLE, BRISTOL, ESSEX, MIDDLESEX & NORFOLK COUNTIES situated inside Boston Beltway (I-495) and North of Cape Cod Canal. ALL of DUKES AND NANTUCKET COUNTIES
Rates Fringes
PILEDRIVERMAN....................$ 49.07 35.57 ---------------------------------------------------------------- CARP0056-012 08/01/2020
The areas of BARNSTABLE, BRISTOL, and NORFOLK COUNTIES situated OUTSIDE Boston Beltway (I-495) and South of Cape Cod Canal
Rates Fringes
PILEDRIVERMAN....................$ 49.07 35.57 ---------------------------------------------------------------- CARP0056-013 08/01/2020
Those areas of ESSEX and MIDDLESEX COUNTIES situated OUTSIDE Boston Beltway (I-495)
Rates Fringes
PILEDRIVERMAN....................$ 49.07 35.57 ---------------------------------------------------------------- CARP0327-001 09/01/2019
MIDDLESEX (Belmont, Cambridge, Everett, Malden, Medford, Somerville); NORFOLK (Brookline, Dedham, Milton); and SUFFOLK
Rates Fringes
CARPENTER........................$ 49.79 29.30 ---------------------------------------------------------------- CARP0339-001 09/01/2019
BRISTOL (Attleborough, North Attleborough); ESSEX; MIDDLESEX (Except Belmont, Cambridge, Everett, Malden, Medford, Somerville); AND NORFOLK (Bellingham, Canton, Foxboro, Franklin, Medfield, Medway, Millis, Needham, Norfolk, Norwood, Plainville, Sharon, Walpole, Wellesley, Westwood, Wrentham)
Rates Fringes
CARPENTER........................$ 41.90 29.00 ---------------------------------------------------------------- CARP0346-003 09/01/2019
NORFOLK COUNTY (Braintree, Cohassett, Scituate, Weymouth, Quincy)
Rates Fringes
CARPENTER........................$ 41.90 29.00 ---------------------------------------------------------------- CARP0624-005 09/01/2017
DUKES; NANTUCKET
Rates Fringes
CARPENTER........................$ 46.43 28.35 ---------------------------------------------------------------- CARP0624-007 09/01/2017
BARNSTABLE; BRISTOL (Except Attleboro & North Attleboro); AND NORFOLK (Avon, Holbrook, Randolph, Stoughton) COUNTIES
Rates Fringes
CARPENTER........................$ 39.28 27.90 ---------------------------------------------------------------- CARP1121-001 01/06/2020
SUFFOLK COUNTY
Rates Fringes
MILLWRIGHT.......................$ 42.32 31.15 ---------------------------------------------------------------- CARP1121-003 01/06/2020
BARNSTABLE, BRISTOL, DUKES, ESSEX, MIDDLESEX, NANTUCKET and NORFOLK COUNTIES
Rates Fringes
MILLWRIGHT.......................$ 38.47 31.15 ---------------------------------------------------------------- CARP2168-001 09/01/2019
MIDDLESEX (Belmont, Cambridge, Everett, Malden, Medford, Somerville); NORFOLK (Brookline, Dedham, Milton); and SUFFOLK
Rates Fringes
FLOOR LAYER: Carpet.............$ 46.25 29.45 ---------------------------------------------------------------- CARP2168-004 09/01/2019
BRISTOL; ESSEX; MIDDLESEX (Except Belmont, Cambridge, Everett, Malden, Medford, Somerville); Remainder of Norfolk County
Rates Fringes
FLOOR LAYER: Carpet.............$ 46.25 29.45 ---------------------------------------------------------------- CARP2168-005 09/01/2019
BARNSTABALE; DUKES; AND NANTUCKET
Rates Fringes
FLOOR LAYER: Carpet.............$ 46.25 29.45 ---------------------------------------------------------------- ELEC0096-001 07/01/2019
MIDDLESEX (Ashby, Ashland, Ayer, Ft. Devens, Groton, Hopkinton, Hudson, Marlboro, Pepperell, Shirley, Stow, Townsend)
Rates Fringes
ELECTRICIAN......................$ 44.07 11%+22.53 Teledata System Installer........$ 30.10 25.32 ---------------------------------------------------------------- ELEC0099-001 06/01/2020
BRISTOL (Attleboro, North Attleboro, Seekonk)
Rates Fringes
ELECTRICIAN......................$ 41.61 60.24% Teledata System Installer........$ 31.21 13.1%+14.93 ---------------------------------------------------------------- * ELEC0103-001 03/01/2020
ESSEX; MIDDLESEX (Excluding Ashby, Ashland, Ayer, Ft. Devens, Groton, Hopkinton, Hudson, Marlboro, Pepperell, Shirley, Stow, Townsend); NORFOLK (Excluding Avon, Holbrook, Plainville, Randolph, Stoughton) SUFFOLK
Rates Fringes
Teledata System Installer........$ 40.13 30.72 ---------------------------------------------------------------- ELEC0103-002 03/01/2020
ESSEX (Amesbury, Andover, Boxford, Georgetown, Groveland, Haverhill, Lawrence, Merrimac, Methuen, Newbury, Newburyport, North Andover, Rowley, Salisbury, West Newbury); MIDDLESEX (Bedford, Billerica, Boxboro, Burlington, Carlisle, Chelmsford, Dracut, Dunstable littleton, Lowell, North Reading, Tewksbury, Tyngsboro, Westford, Wilmington)
Rates Fringes
ELECTRICIAN......................$ 53.50 38.00 ---------------------------------------------------------------- ELEC0103-004 03/01/2020
ESSEX (Beverly, Danvers, Essex, Gloucester, Hamilton, Ipswich, Manchester, Marblehead, Middleton, Peabody, Rockport, Salem, Topsfield, Wenham)
Rates Fringes
ELECTRICIAN......................$ 53.50 38.00 ---------------------------------------------------------------- ELEC0103-005 03/01/2020
ESSEX (Lynn, Lynnfield, Nahant, Saugus, Swampscott); MIDDLESEX (Acton, Arlington, Belmont, Cambridge, Concord, Everett, Framingham, Holliston, Lexington, Lincoln, Malden, Maynard, Medford, Melrose, Natick, Newton, Reading, Sherborn, Somerville, Stoneham, Sudbury, Wakefield, Waltham, Watertown, Wayland, Weston, Winchester, Woburn); NORFOLK (Bellingham, Braintree, Brookline, Canton, Cohasset, Dedham, Dover, Foxboro, Frankloin, Medfield, Medway, Millis, Milton, Needham, Norfolk, Norwood, Quincy, Sharon, Walpole, Wellesley, Westwood, Weymouth, Wrentham); PLYMOUTH (Hingham and Hull);SUFFOLK
Rates Fringes
ELECTRICIAN......................$ 53.50 38.00 ---------------------------------------------------------------- ELEC0104-001 09/03/2017
Rates Fringes
Line Construction: Cableman....................$ 38.45 18.42+A Equipment Operator..........$ 38.45 22.50+A Groundman...................$ 24.88 10.24+A Lineman.....................$ 45.23 25.71+A
A. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day and Columbus Day, provided the employee has been employed 5 working days prior to any one of the listed holidays.
---------------------------------------------------------------- * ELEC0223-005 09/01/2020
BARNSTABLE; BRISTOL (Except Attleboro, North Attleboro, Seekonk); DUKES; NANTUCKET AND NORFOLK (Avon, Halbrook, Plainville, Randolph, Stoughton)
Rates Fringes
ELECTRICIAN......................$ 43.66 31.18%+13.15 ---------------------------------------------------------------- * ELEC0223-006 09/01/2020
BARNSTABLE; BRISTOL (Except Attleboro, North Attleboro, Seekonk); DUKES; NANTUCKET AND NORFOLK (Avon, Halbrook, Plainville, Randolph, Stoughton)
Rates Fringes
Teledata System Installer........$ 36.86 31.09%+12.90 ---------------------------------------------------------------- ELEV0004-001 01/01/2020
Rates Fringes
ELEVATOR MECHANIC................$ 61.42 34.765
FOOTNOTE FOR ELEVATOR MECHANICS:
a.Vacation: 6%/under 5 years based on regular hourly rate for all hours worked. 8%/over 5 years based on regular hourly rate for all hours worked. b. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Veterans' Day; Thanksgiving Day; the Friday after Thanksgiving Day; and Christmas Day.
---------------------------------------------------------------- ENGI0004-001 06/01/2020
Rates Fringes
Power equipment operators: Group 1.....................$ 49.33 29.75 Group 2.....................$ 48.81 29.75 Group 3.....................$ 32.72 29.75 Group 4.....................$ 40.30 29.75 Group 5.....................$ 23.13 29.75 Group 6.....................$ 27.79 29.75
FOOTNOTE FOR POWER EQUIPMENT OPERATORS: A. PAID HOLIDAYS: New Year's Day, Washington's Birthday, Labor Day, Memorial Day, Independence Day, Patriot's Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day
HOURLY PREMIUM FOR BOOM LENGTHS (Including Jib): Over 150 ft. +2.18 Over 185 ft. +3.84 Over 210 ft. +5.39 Over 250 ft. +8.16 Over 295 ft. +11.29 Over 350 ft. +13.14
POWER EQUIPMENT OPERATORS CLASSIFICATIONS Group 1: Crane; shovel; truck crane; cherry picker; dragline; trench hoe; backhoe; three drum machine; derrick; pile driver; elevator tower; hoist; gradall; shovel dozer; front end loader; fork lift; suger; boring machine; rotaryu drill; post hole hammer; post hole digger; pumpcrete machine; asphalt plant (on site); concrete batching and/or mixing plant (on site); crusher plant (on site); paving concrete mixer; timber jack Group 2: Sonic or vibratory hammer; grader; scraper; tandem scraper; concrete pump; bulldozer; tractor; york rake; mulching machine; portable steam boiler; portable steam generator; roller; spreader; tamper (self propelled or tractor drawn); asphalt paver; mechanic - maintenance; paving screed machine; stationary steam boiler; paving concrete finishing machine; cal truck; ballast regulator; switch tamper; rail anchor machine; tire truck Group 3: Pumps (1-3 grouped); compressor; welding machine (1-3 grouped); generator; concrete vibrator; heater (power driven 1- 5); well point system (operating); syphon-pulsometer; concrete mixer; valves controlling permanent plant air or steam; conveyor; Jackson type tamper; single diaphragm pump; lighting plant Group 4: Assistant engineer (fireman) Group 5: Oiler (other than truck cranes and gradalls) Group 6: Oiler (on truck cranes and gradalls) stant engineer (on truck crane and gradall)
---------------------------------------------------------------- IRON0007-006 03/16/2020
AREA 1: BRISTOL (Easton); ESSEX (Beverly, Gloucester, Lynn,Lynnfield, Manchester, Marblehead, Nahant, Rockport, Salem, Saugus, Swampscott); MIDDLESEX (Arlington, Bedford, Belmont, Burlington, Cambridge, Carlisle, Concord, Dunstable, Everett, Framingham, Lexington, Lincoln, Malden, Maynard, Medford, Melrose, Natick, Newton, Reading, Sherborn, Somerville, Stoneham, Sudbury, Wakefield, Waltham, Watertown, Wayland, Weston, Winchester, Woburn); NORFOLK (Except Medway); SUFFOLK
AREA 2: ESSEX (Amesbury, Andover, Boxford, Danvers, Essex, Georgetown, Hamilton, Haverhill, Ipswich, Lawrence, Merrimac, Methuen, Newbury, Newburyport, North Andover, Rowley, Salisbury, Topsfield, Wenham, West Newbury); MIDDLESEX (Action, Billericia, Chelmsford, Dracut, Groton, Groveland, Littleton,
Lowell, Middleton, North Reading, Pepperell, Tewksbury, Tyngsboro, Westford, Wilmington)
Rates Fringes
Ironworkers: AREA 1......................$ 48.02 33.43 AREA 2......................$ 43.61 33.43 ---------------------------------------------------------------- IRON0007-010 03/16/2020
MIDDLESEX (Ashby, Ashland, Ayer, Boxboro, Holliston, Hopkinton, Hudson, Marlboro, Shirley, Stow, Townsend); NORFOLK (Medway)
Rates Fringes
IRONWORKER.......................$ 47.72 33.43 ---------------------------------------------------------------- IRON0037-005 09/16/2019
BARNSTABLE; BRISTOL (Acushnet, Attleboro, Berkley, Dartmouth, Dighton, Fairhaven, Fall River, Freetown, Mansfield, New Bedford, North Attleboro, Norton, Raynham, Rehoboth, Seekonk, Somerset, Swansea, Taunton, Westport); DUKES; NANTUCKET; NORFOLK (Billingham, Franklin, Plainville, Wrentham)
Rates Fringes
IRONWORKER.......................$ 36.27 28.98 ---------------------------------------------------------------- LABO0014-001 06/01/2018
Rates Fringes
Plasterer tender BARNSTABLE, BRISTOL, DUKES, ESSEX, NANTUCKET, MIDDLESEX (with the exception of Arlington, Belmont, Burlington, Cambridge, Everett, Malden, Medford, Melrose, Reading, Somerville, Stoneham, Wakefield, Winchester, Winthrop and Woburn); NORFOLK (with the exception of Brookline Dedham and Milton) COUNTIES.$ 33.25 22.92 SUFFOLK COUNTY (Boston, Chelsea, Revere, Winthrop, Deer Island, Nut Island); MIDDLESEX COUNTY (Arlington, Belmont, Burlington, Cambridge, Everett, Malden, Medford, Melrose, Reading, Somerville, Stoneham, Wakefield, Winchester, Winthrop and Woburn only); NORFOLK COUNTY (Brookline, Dedham, and Milton only)....$ 38.00 24.10 ---------------------------------------------------------------- LABO0022-009 06/01/2020
SUFFOLK COUNTY (Boston, Chelsea, Revere, Winthrop, Deer & Nut Islands); MIDDLESEX COUNTY (Arlington, Belmont, Burlington, Cambridge, Everett, Malden, Medford, Melrose, Reading, Somerville, Stoneham, Wakefield, Winchester, Winthrop, and Woburn only); NORFOLK COUNTY (Brookline, Dedham, and Milton only)
Rates Fringes
Laborers: Group 1.....................$ 38.00 24.10 GROUP 1.....................$ 39.15 27.04 Group 2.....................$ 38.25 24.10 GROUP 2.....................$ 39.40 27.04 Group 3.....................$ 38.75 24.10 GROUP 3.....................$ 39.90 27.04
Group 4.....................$ 39.00 24.10 GROUP 4.....................$ 40.15 27.04 Group 5.....................$ 38.75 24.10 GROUP 5.....................$ 39.90 27.04 Group 6.....................$ 39.00 24.10 Group 7.....................$ 21.50 24.10
LABORERS CLASSIFICATIONS
GROUP 1: Laborers; Carpenter Tenders
GROUP 2: Jackhammer operator; pavement breaker; asphalt raker carbide core drilling machine; chain saw operator; pipelayer; barco type jumping tampers; laser beam; concrete pump; mason tender; motorized mortar mixer; ride-on motorized buggy; fence and beam rail erector
GROUP 3: Air track, block paver; rammer; curb setter, hydraulic and similar self-powered drills
GROUP 4: Blaster; powderman
GROUP 5: Pre-cast floor and roof plank erector
GROUP 6: Asbestos removal laborers/haz-mat laborers
GROUP 7: Flaggers
---------------------------------------------------------------- LABO0022-010 06/01/2020
Counties of BARNSTABLE; BRISTOL; DUKES; ESSEX; NANTUCKET; MIDDLESEX (with the exception of Arlington, Belmont, Burlington, Cambridge, Everett, Malden, Medford, Melrose, Reading, Somerville, Stoneham, Wakfield, Winchester, Winthrop and Woburn); NORFOLK (with the exception of Brookline, Dedham and Milton)
Rates Fringes
Laborers: Group 1.....................$ 33.25 22.92 GROUP 1.....................$ 34.06 25.72 Group 2.....................$ 33.50 22.92 GROUP 2.....................$ 34.31 25.72 Group 3.....................$ 34.00 22.92 GROUP 3.....................$ 34.81 25.72 Group 4.....................$ 34.25 22.92 GROUP 4.....................$ 35.06 25.72 Group 5.....................$ 34.00 22.92 GROUP 5.....................$ 39.90 25.72 Group 6.....................$ 34.25 22.92
LABORERS CLASSIFICATIONS
GROUP 1: Laborers; Carpenter Tenders
GROUP 2: Jackhammer operator; pavement breaker; asphalt raker carbide core drilling machine; chain saw operator; pipelayer; barco type jumping tampers; laser beam; concrete pump; mason tender; motorized mortar mixer; ride-on motorized buggy; fence and beam rail erector
GROUP 3: Air track, block paver; hammer; curb setter, hydraulic and similar self-powered drills
GROUP 4: Blaster; powderman
GROUP 5: Pre-cast floor and roof plank erector
GROUP 6: Asbestos removal laborers/haz-mat laborers
---------------------------------------------------------------- LABO1421-004 06/01/2018
BARNSTABLE, BRISTOL, DUKES, ESSEX, MIDDLESEX, NANTUCKET NORFOLK AND SUFFOLK COUNTIES
Rates Fringes
Laborers: (Wrecking) Group 1.....................$ 38.15 24.10
Group 2.....................$ 38.90 24.10 Group 3.....................$ 39.15 24.10 Group 4.....................$ 34.15 24.10 Group 5.....................$ 37.25 24.10 Group 6.....................$ 38.15 24.10
Group 1: Adzeman, Wrecking Laborer. Group 2: Burners, Jackhammers. Group 3: Small Backhoes, Loaders on tracks, Bobcat Type Loaders, Hydraulic ""Brock"" Type Hammer Operators, Concrete Cutting Saws. Group 4: Yardman (Salvage Yard Only). Group 5: Yardman, Burners, Sawyers. Group 6: Asbestos, Lead Paint, Toxic and Hazardous Waste.
---------------------------------------------------------------- PAIN0011-007 06/01/2020
BARNSTABLE, BRISTOL, DUKES, AND NANTUCKET COUNTIES
Rates Fringes
GLAZIER..........................$ 39.18 22.55+A
FOOTNOTE: A. PAID HOLIDAY: LABOR DAY (provided employee has worked any part of the week prior to Labor Day and any part of the week after Labor Day)
---------------------------------------------------------------- PAIN0035-004 01/01/2019
BARNSTABLE; BRISTOL; ESSEX; NANTUCKET; DUKES; COUNTIES; REMAINDER OF NORFOLK; MIDDLESEX AND SUFFOLK COUNTIES
Rates Fringes
PAINTER NEW CONSTRUCTION: Brush, Taper...............$ 39.86 30.25 Spray, Sandblast...........$ 41.26 30.25 REPAINT: Brush, Taper...............$ 37.92 30.25 Spray, Sandblast...........$ 39.32 30.25 ---------------------------------------------------------------- PAIN0035-013 01/01/2019
MIDDLESEX (Cambridge, Everett, Malden, Medford, Somerville) SUFFOLK COUNTY (Boston, Chelsea) NORFOLK COUNTY (Brookline)
Rates Fringes
PAINTER NEW CONSTRUCTION: Brush, Taper...............$ 45.65 30.25 Spray, Sandblast...........$ 47.05 30.25 REPAINT: Brush, Taper...............$ 43.71 30.25 Spray, Sandblast...........$ 45.11 30.25 ---------------------------------------------------------------- PAIN0035-020 01/01/2019
ESSEX; MIDDLESEX; NORFOLK; SUFFOLK
Rates Fringes
GLAZIER..........................$ 39.86 30.25 ---------------------------------------------------------------- PLAS0534-001 01/01/2020
ESSEX; MIDDLESEX; NORFOLK AND SUFFOLK COUNTY
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 43.00 37.66 ---------------------------------------------------------------- PLAS0534-004 01/01/2020
MIDDLESEX; NORFOLK AND SUFFOLK COUNTIES
Rates Fringes
PLASTERER........................$ 43.00 37.66 ---------------------------------------------------------------- * PLUM0004-001 09/01/2020
MIDDLESEX (Ashby, Ayer-West of Greenville branch of Boston and Maine Railroad, Ft. Devens, Groton, Shirley, Townsend)
Rates Fringes
Plumbers and Pipefitters.........$ 46.91 26.86 ---------------------------------------------------------------- PLUM0012-005 09/02/2019
ESSEX (Ames, Andover, Beverly, Boxford, Byfield, Danvers, Essex, Georgetown, Gloucester, Groveland, Hamilton, Haverhill, Ipswich, Lawrence, Manchester, Marblehead, Merrimac, Methuem, Middleton, Newbury, Newburyport, North Andover, Peabody, Rockport, Rowley, Salem, Salisbury, Topsfield, Wenham, West Newbury)
Rates Fringes
PLUMBER..........................$ 53.61 30.43 ---------------------------------------------------------------- PLUM0012-007 09/02/2019
ESSEX (Lynn, Lynnfield, Nahant, Saugus, and Swampscott); MIDDLESEX (Acton, Arlington, Ashford, Ayer-except west of Greenville Branch of Boston & Maine Rail Road, Bedford, Belmont, Billerica, Boxboro, Burlington, Cambridge, Carlise, Chelmsford, Concord, Dracut, Dunstable, Everett, Framingham, Hudson, Holliiston, Hopkinton, Lexington, Lincoln, Littleton, Lowell, Malden, Marlboro, Maynard, Medford, Melrose, Natick, Newton, North Reading, Pepperell, Reading, Sherborn, Somerville, Stoneham, Stow, Sudbury, Tewksbury, Tyngsboro, Wakefield, Watham, Watertown, Wayland, Westford, Wilmington, Winchester and Woburn), NORFOLK (Bellingham, Braintree, Brookline, Canton, Cohasset, Dedham, Dover, Foxboro, Franklin, Medford, Medway, Millis, Milton, Needham, Norfolk, Norwood, Plainville, Quincy, Sharon, Walpole, Wellesley, Westwood, Weymouth and Wrentham); PLYMOUTH (Hingham, Hull, Scituate); SUFFOLK; WORCESTER (Hopedale and Southboro)
Rates Fringes
PLUMBER..........................$ 57.59 30.43 ---------------------------------------------------------------- PLUM0051-004 09/01/2018
BARNSTABLE; BRISTOL; DUKES; NANTUCKET; AND NORFOLK (Avon, Holbrook, Randolph, Stoughton) COUNTIES
Rates Fringes
Plumbers and Pipefitters.........$ 42.04 29.91 ---------------------------------------------------------------- PLUM0537-005 03/01/2020
ESSEX (Ames, Andover, Beverly, Boxford, Byfield, Danvers, Essex, Georgetown, Gloucester, Groveland, Hamilton, Haverhill, Ipswich, Lawrence, Lynn, Lynnfield, Manchester, Marblehead, Merrimac, Methuem, Middleton, Nahant, Newbury, Newburyport, North Andover, Peabody, Rockport, Rowley, Salem, Salisbury, Saugus, Swampscott,Topsfield, Wenham, West Newbury); MIDDLESEX (Acton, Arlington, Ashford, Ayer-except west of Greenville Branch of Boston & Maine Rail Road, Bedford, Belmont, Billerica, Boxboro, Burlington, Cambridge, Carlise, Chelmsford, Concord, Dracut, Dunstable, Everett, Framingham, Hudson, Holliiston, Hopkinton, Lexington, Lincoln, Littleton, Lowell, Malden, Marlboro, Maynard, Medford, Melrose, Natick, Newton, North Reading, Pepperell, Reading, Sherborn, Somerville, Stoneham, Stow, Sudbury, Tewksbury, Tyngsboro, Wakefield, Watham, Watertown, Wayland, Westford, Wilmington, Winchester and Woburn), NORFOLK (Bellingham, Braintree, Brookline, Canton, Cohasset, Dedham, Dover, Foxboro, Franklin, Medford, Medway, Millis, Milton, Needham, Norfolk, Norwood, Plainville, Quincy, Sharon, Walpole, Wellesley, Westwood, Weymouth and Wrentham); PLYMOUTH (Hingham, Hull, Scituate); SUFFOLK; WORCHESTER (Hopedale and Southboro)
Rates Fringes
PIPEFITTER.......................$ 54.94 34.21 ---------------------------------------------------------------- ROOF0033-001 08/01/2020
Rates Fringes
Roofers: All Tear-off and/or removal of any types of roofing and all spudding, sweeping, vacuuming and/or cleanup of any and all areas of any type where a roof is to be relaid........$ 46.60 28.75 ---------------------------------------------------------------- SFMA0550-001 01/01/2020
BRISTOL (Portion within 35 mile radius from Boston City Hall; ESSEX; MIDDLESEX (Except Ashby, Townsend, and portions of Pepperell and Shirley beyond 35 mile radius from Boston City Hall); NORFOLK; PLYMOUTH (Portion within 35 mile radius of Boston City Hall); SUFFOLK
Rates Fringes
SPRINKLER FITTER.................$ 60.07 30.29+a
a. PAID HOLIDAYS: Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day, provided the employee has been in the employment of a contractor 20 working days prior to any such paid holiday.
---------------------------------------------------------------- SFMA0550-002 01/01/2020
BRISTOL (Seekonk, Swansea, and Somerset)
Rates Fringes
SPRINKLER FITTER.................$ 54.06 30.29+a
a. PAID HOLIDAYS: Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day, provided the employee has been in the employment of a contractor 20 working days prior to any such paid holiday.
---------------------------------------------------------------- SFMA0669-001 04/01/2020
BARNSTABLE; BRISTOL (Beyond 35 mile radius of Boston City Hall); DUKES; MIDDLESEX (Ashby, Townsend, portions of Pepperell and Shirley beyond 35 mile radius of Boston City Hall); NANTUCKET; PLYMOUTH (Beyond 35 mile radius of Boston City Hall)
Rates Fringes
SPRINKLER FITTER.................$ 41.61 36.86 ---------------------------------------------------------------- SHEE0017-003 08/01/2020
BRISTOL (Attleboro, Berkley, Easton, Mansfield, North Attleboro, Norton, Raynham, Taunton); ESSEX; MIDDLESEX; NORFOLK; PLYMOUTH (except except Marion, Mattapoisett, Rochester, Wareham); SUFFOLK
Rates Fringes
Sheet metal worker...............$ 50.67 41.84 ---------------------------------------------------------------- SHEE0017-007 08/01/2020
BARNSTABLE; BRISTOL (Acushnet, Assonet, Dartmouth, Dighton, Fairhaven, Fall River, Freetown, New Bedford, Rehoboth, Seeekonk, Somerset, Swansea, Westport); DUKES; AND NANTUCKET
Rates Fringes
Sheet metal worker...............$ 50.67 41.84 ---------------------------------------------------------------- TEAM0379-001 08/01/2020
Rates Fringes
Truck drivers: Group 1.....................$ 34.98 26.6325+A+B Group 2.....................$ 35.15 26.6325+A+B Group 3.....................$ 35.22 26.6325+A+B Group 4.....................$ 34.44 26.6325+A+B Group 5.....................$ 35.44 26.6325+A+B Group 6.....................$ 35.73 26.6325+A+B Group 7.....................$ 36.02 26.6325+A+B
POWER TRUCKS $.25 DIFFERENTIAL BY AXLE TUNNEL WORK (UNDERGROUND ONLY) $.40 DIFFERENTIAL BY AXLE HAZARDOUS MATERIALS (IN HOT ZONE ONLY) $2.00 PREMIUM
TRUCK DRIVERS CLASSIFICATIONS
Group 1: Station wagons; panel trucks; and pickup trucks
Group 2: Two axle equipment; & forklift operator
Group 3: Three axle equipment and tireman
Group 4: Four and Five Axle equipment
Group 5: Specialized earth moving equipment under 35 tons other than conventional type trucks; low bed; vachual; mechanics, paving restoration equipment
Group 6: Specialized earth moving equipment over 35 tons
Group 7: Trailers for earth moving equipment (double hookup)
FOOTNOTES:
A. PAID HOLIDAYS: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Patriot's Day, Columbus Day, Veteran's Day, Thanksgiving Day and Christmas Day
B. PAID VACATION: Employees with 4 months to 1 year of service receive 1/2 day's pay per month; 1 week vacation for 1 - 5 years of service; 2 weeks vacation for 5 - 10 years of service; and 3 weeks vacation for more than 10 years of service
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------
The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISION"
Lowell Housing Authority Mercier Center
HVAC Renovation
23 05 00 COMMON WORK RESULTS FOR HVAC
1 of 8
SECTION 23 05 00
COMMON WORK RESULTS FOR HVAC
PART 1 – GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes the following:
1. Piping materials and installation instructions common to most piping systems.
2. Dielectric fittings.
3. Sleeves.
4. Escutcheons.
5. Equipment installation requirements common to equipment sections.
6. Painting and finishing.
7. Concrete bases.
8. Supports and anchorages.
1.3 DEFINITIONS
A. Finished Spaces: Spaces other than mechanical and electrical equipment rooms, furred
spaces, pipe and duct chases, unheated spaces immediately below roof, spaces above
ceilings, unexcavated spaces, crawlspaces, and tunnels.
B. Exposed, Interior Installations: Exposed to view indoors. Examples include finished
occupied spaces and mechanical equipment rooms.
C. Exposed, Exterior Installations: Exposed to view outdoors or subject to outdoor ambient
temperatures and weather conditions. Examples include rooftop locations.
D. Concealed, Interior Installations: Concealed from view and protected from physical contact
by building occupants. Examples include above ceilings and chases.
E Concealed, Exterior Installations: Concealed from view and protected from weather
conditions and physical contact by building occupants but subject to outdoor ambient
temperatures. Examples include installations within unheated shelters.
1.4 SUBMITTALS
A. Product Data: For the following:
1. Transition fittings.
2. Dielectric fittings.
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B. Provide certificate of compliance that materials and equipment comply with the provision
of the Buy American Act. See 007300 "Special Conditions," Par. 14, for additional
requirements.
C. Welding certificates.
1.5 QUALITY ASSURANCE
A. Steel Support Welding: Qualify processes and operators according to AWS D1.1,
"Structural Welding Code--Steel."
B. Steel Pipe Welding: Qualify processes and operators according to ASME Boiler and
Pressure Vessel Code: Section IX, "Welding and Brazing Qualifications."
Certify that each welder has passed AWS qualification tests for welding processes involved
and that certification is current.
C. Electrical Characteristics for HVAC Equipment: Equipment of higher electrical
characteristics may be furnished provided such proposed equipment is approved in writing
and connecting electrical services, circuit breakers, and conduit sizes are appropriately
modified. If minimum energy ratings or efficiencies are specified, equipment shall comply
with requirements.
1.6 DELIVERY, STORAGE, AND HANDLING
A. Deliver pipes and tubes with factory-applied end caps. Maintain end caps through shipping,
storage and handling to prevent pipe end damage and to prevent entrance of dirt, debris,
and moisture.
B. Store plastic pipes protected from direct sunlight. Support to prevent sagging and bending.
1.7 COORDINATION
A. Arrange for pipe spaces, chases, slots, and openings in building structure during progress
of construction, to allow for HVAC installations.
B. Coordinate installation of required supporting devices and set sleeves in poured-in-place
concrete and other structural components as they are constructed.
C. Coordinate requirements for access panels and doors for HVAC items requiring access that
are concealed behind finished surfaces. Access panels and doors are specified in Division
8 Section "Access Doors and Frames."
PART 2 - PRODUCTS
2.1 PIPE, TUBE, AND FITTINGS
A. Refer to individual Division 23 piping Sections for pipe, tube, and fitting materials and
joining methods.
B. Pipe Threads: ASME B1.20.1 for factory-threaded pipe and pipe fittings.
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2.2 JOINING MATERIALS
A. Pipe-Flange Gasket Materials: Suitable for chemical and thermal conditions of piping
system contents.
1. ASME B16.21, nonmetallic, flat, asbestos free, 1/8-inch maximum thickness
unless thickness or specific material is indicated.
a. Full-Face Type: For flat-face, Class 125, cast-iron and cast-bronze
flanges.
B. Flange Bolts and Nuts: ASME B18.2.1, carbon steel, unless otherwise indicated.
C. Solder Filler Metals: ASTM B 32, lead-free alloys. Include water-flushable flux according
to ASTM B 813.
D. Welding Filler Metals: Comply with AWS D10.12/D10.12M for welding materials
appropriate for wall thickness and chemical analysis of steel pipe being welded.
2.3 DIELECTRIC FITTINGS
A. Description: Combination fitting of copper alloy and ferrous materials with threaded,
solder-joint, plain, or weld-neck end connections that match piping system materials.
B. Insulating Material: Suitable for system fluid, pressure, and temperature.
C. Dielectric Unions: Factory-fabricated, union assembly, for 250-psig minimum working
pressure at 180 deg F.
D. Dielectric Flanges: Factory-fabricated, companion-flange assembly, for 150- or 300-
psig minimum working pressure as required to suit system pressures.
E. Dielectric-Flange Kits: Companion-flange assembly for field assembly. Include flanges,
full-face- or ring- type neoprene or phenolic gasket, phenolic or polyethylene bolt sleeves,
phenolic washers, and steel backing washers.
1. Separate companion flanges and steel bolts and nuts shall have 150- or 300-psig
minimum working pressure where required to suit system pressures.
F. Dielectric Couplings: Galvanized-steel coupling with inert and noncorrosive,
thermoplastic lining; threaded ends; and 300-psig minimum working pressure at 225 deg
F.
G. Dielectric Nipples: Electroplated steel nipple with inert and noncorrosive, thermoplastic
lining; plain, threaded, or grooved ends; and 300-psig minimum working pressure at 225
deg F.
2.4 SLEEVES
A. Steel Pipe: ASTM A 53, Type E, Grade B, Schedule 40, galvanized, plain ends.
B. Molded PE: Reusable, PE, tapered-cup shaped, and smooth-outer surface with nailing
flange for attaching to wooden forms.
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2.5 ESCUTCHEONS
A. Description: Manufactured wall and ceiling escutcheons and floor plates, with an ID to
closely fit around pipe, tube, and insulation of insulated piping and an OD that completely
covers opening.
B. One-Piece, Deep-Pattern Type: Deep-drawn, box-shaped brass with polished chrome-
plated finish.
C. One-Piece, Cast-Brass Type: With set screw.
1. Finish: Polished chrome-plated.
D. One-Piece, Stamped-Steel Type: With set screw or spring clips and chrome-plated finish.
E. Split-Plate, Stamped-Steel Type: With hinge, set screw or spring clips, and chrome-plated
finish.
PART 3 - EXECUTION
3.1 PIPING SYSTEMS - COMMON REQUIREMENTS
A. Drawing plans, schematics, and diagrams indicate general location and arrangement of
piping systems. Indicate piping locations and arrangements if such were used to size pipe
and calculate friction loss, expansion, pump sizing, and other design considerations. Install
piping as indicated unless deviations to layout are approved on Coordination Drawings.
B. Install piping in concealed locations, unless otherwise indicated and except in equipment
rooms and service areas.
C. Install piping indicated to be exposed and piping in equipment rooms and service areas at
right angles or parallel to building walls. Diagonal runs are prohibited unless specifically
indicated otherwise.
D. Install piping above accessible ceilings to allow sufficient space for ceiling panel removal.
E. Install piping to permit valve servicing through accessible ceiling.
F. Install piping at indicated slopes.
G. Install piping free of sags and bends.
H. Install fittings for changes in direction and branch connections.
I. Install piping to allow application of insulation.
J. Select system components with pressure rating equal to or greater than system operating
pressure.
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K. Install escutcheons for penetrations of walls, ceilings, and floors according to the
following:
1. New Piping:
a. Piping with Fitting or Sleeve Protruding from Wall: One-piece, deep-
pattern type.
b. Chrome-Plated Piping: One-piece, cast-brass type with polished chrome-
plated finish.
c. Insulated Piping: One-piece, stamped-steel type with spring clips.
d. Bare Piping at Wall and Floor Penetrations in Finished Spaces: One-piece,
cast-brass type with polished chrome-plated finish.
L. Sleeves are not required for core-drilled holes.
M. Install sleeves for pipes passing through concrete and masonry walls and concrete floor
and roof slabs.
N. Install sleeves for pipes passing through concrete and masonry walls, gypsum-board
partitions, and concrete floor and roof slabs.
1. Cut sleeves to length for mounting flush with both surfaces.
a. Exception: Extend sleeves installed in floors of mechanical equipment
areas or other wet areas 2 inches above finished floor level. Extend cast-
iron sleeve fittings below floor slab as required to secure clamping ring if
ring is specified.
2. Install sleeves in new walls and slabs as new walls and slabs are constructed.
3. Install sleeves that are large enough to provide 1/4-inch annular clear space
between sleeve and pipe or pipe insulation. Use the following sleeve materials:
a. Steel Pipe Sleeves: For pipes smaller than NPS 6
4. Seal annular space between sleeve and pipe or pipe insulation, using joint sealants
appropriate for size, depth, and location of joint. Refer to Division 07 Section
"Joint Sealants" for materials and installation.
O. Install groups of pipes parallel to each other, spaced to permit applying insulation and
servicing of valves.
P. Install drains, consisting of a tee fitting, NPS 3/4 ball valve, and short NPS 3/4 threaded
nipple with cap and chain, at low points in piping system mains and elsewhere as required
for system drainage.
Q. Install piping at a uniform grade of 0.2 percent upward in direction of flow.
R. Reduce pipe sizes using eccentric reducer fitting installed with level side up.
S. Install branch connections to mains using tee fittings in main pipe, with the branch
connected to the bottom of the main pipe. For up-feed risers, connect the branch to the top
of the main pipe.
T. Install valves according to Division 23 Section "General-Duty Valves for HVAC Piping."
U. Install unions in piping, NPS 2nd smaller, adjacent to valves, at final connections of
equipment, and elsewhere as indicated.
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V. Install flanges in piping, NPS 2-1/2nd larger, at final connections of equipment and
elsewhere as indicated.
W. Install strainers on inlet side of each control valve, pressure-reducing valve, solenoid valve,
in-line pump, and elsewhere as indicated. Install NPS 3/4 nipple and ball valve in
blowdown connection of strainers NPS 2nd larger. Match size of strainer blowoff
connection for strainers smaller than NPS 2
X. Fire-Barrier Penetrations: Maintain indicated fire rating of walls, partitions, ceilings, and
floors at pipe penetrations. Seal pipe penetrations with firestop materials. Refer to Division
07 Section "Penetration Firestopping" for materials.
Y. Identify piping as specified in Division 23 Section "Identification for HVAC Piping and
Equipment."
3.2 PIPING JOINT CONSTRUCTION
A. Join pipe and fittings according to the following requirements and Division 15 Sections
specifying piping systems.
B. Ream ends of pipes and tubes and remove burrs. Bevel plain ends of steel pipe.
C. Remove scale, slag, dirt, and debris from inside and outside of pipe and fittings before
assembly.
D. Soldered Joints: Apply ASTM B 813, water-flushable flux, unless otherwise indicated, to
tube end. Construct joints according to ASTM B 828 or CDA's "Copper Tube Handbook,"
using lead-free solder alloy complying with ASTM B 32.
E. Threaded Joints: Thread pipe with tapered pipe threads according to ASME B1.20.1. Cut
threads full and clean using sharp dies. Ream threaded pipe ends to remove burrs and
restore full ID. Join pipe fittings and valves as follows:
1. Apply appropriate tape or thread compound to external pipe threads unless dry seal
threading is specified.
2. Damaged Threads: Do not use pipe or pipe fittings with threads that are corroded
or damaged. Do not use pipe sections that have cracked or open welds.
F. Welded Joints: Construct joints according to AWS D10.12/D10.12M, using qualified
processes and welding operators according to Part 1 "Quality Assurance" Article.
G. Flanged Joints: Select appropriate gasket material, size, type, and thickness for service
application. Install gasket concentrically positioned. Use suitable lubricants on bolt
threads.
H. Grooved Joints: Assemble joints with coupling and gasket, lubricant, and bolts. Cut or roll
grooves in ends of pipe based on pipe and coupling manufacturer's written instructions for
pipe wall thickness. Use grooved-end fittings and rigid, grooved-end-pipe couplings.
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3.3 PIPING CONNECTIONS
A. Make connections according to the following, unless otherwise indicated:
1. Install unions, in piping NPS 2 and smaller, adjacent to each valve and at final
connection to each piece of equipment.
2. Install flanges, in piping NPS 2-1/2 and larger, adjacent to flanged valves and at
final connection to each piece of equipment.
3. Dry Piping Systems: Install dielectric unions and flanges to connect piping
materials of dissimilar metals.
4. Wet Piping Systems: Install dielectric coupling and nipple fittings to connect
piping materials of dissimilar metals.
3.4 EQUIPMENT INSTALLATION - COMMON REQUIREMENTS
A. Install equipment to allow maximum possible headroom unless specific mounting heights
are not indicated.
B. Install equipment level and plumb, parallel and perpendicular to other building systems
and components in exposed interior spaces, unless otherwise indicated.
C. Install HVAC equipment to facilitate service, maintenance, and repair or replacement of
components. Connect equipment for ease of disconnecting, with minimum interference to
other installations. Extend grease fittings to accessible locations.
D. Install equipment to allow right of way for piping installed at required slope.
3.5 PAINTING
A. Damage and Touchup: Repair marred and damaged factory-painted finishes with materials
and procedures to match original factory finish.
B. All painting of exposed utilities in finished spaces by others. Refer to Division 9 Painting
Sections. Coordinate with areas as indicated on the Mechanical drawings and Architectural
Reflected Ceiling and Finish Plans.
3.6 CONCRETE BASES
A. Concrete Bases: Housekeeping pads furnished and installed by others. Refer to Division
3 Concrete. Coordinate sizes and locations of housekeeping pads based on approved
equipment shop drawings and submittals.
3.7 ERECTION OF METAL SUPPORTS AND ANCHORAGES
A. Refer to Division 5 Section "Metal Fabrications" for structural steel.
B. Cut, fit, and place miscellaneous metal supports accurately in location, alignment, and
elevation to support and anchor HVAC materials and equipment.
C. Field Welding: Comply with AWS D1.1.
3.8 ERECTION OF WOOD SUPPORTS AND ANCHORAGES
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A. Cut, fit, and place wood grounds, nailers, blocking, and anchorages to support, and anchor
HVAC materials and equipment.
B. Select fastener sizes that will not penetrate members if opposite side will be exposed to
view or will receive finish materials. Tighten connections between members. Install
fasteners without splitting wood members.
C. Attach to substrates as required to support applied loads.
-- End of Section --
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SECTION 23 05 29
HANGERS AND SUPPORTS FOR HVAC PIPING AND EQUIPMENT
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1..2 SUMMARY
A. This Section includes the following hangers and supports for HVAC system piping and
equipment:
1. Steel pipe hangers and supports.
2. Trapeze pipe hangers.
3. Metal framing systems.
4. Thermal-hanger shield inserts.
5. Fastener systems.
6. Pipe stands.
7. Equipment supports.
B. Related Sections include the following:
1. Division 21 Section "Wet-Pipe Fire-Suppression Systems" for pipe hangers for fire-
protection piping.
2. Division 23 Section “Vibration and Seismic Controls for HVAC Piping and Equipment”
for vibration isolation and seismic-restraint requirements.
3. Division 23 Section(s) "Metal Ducts" for duct hangers and supports.
1.3 DEFINITIONS
A. MSS: Manufacturers Standardization Society for The Valve and Fittings Industry Inc.
B. Terminology: As defined in MSS SP-90, "Guidelines on Terminology for Pipe Hangers
and Supports."
1.4 PERFORMANCE REQUIREMENTS
A. Design supports for multiple pipes, including pipe stands, capable of supporting
combined weight of supported systems, system contents, and test water.
B. Design equipment supports capable of supporting combined operating weight of
supported equipment and connected systems and components.
1.5 SUBMITTALS
A. Product Data: For the following:
1. Steel pipe hangers and supports.
2. Thermal-hanger shield inserts.
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3. Equipment supports.
B. Welding certificates.
C. Provide certificate of compliance that materials and equipment comply with the provision
of the Buy American Act. See 007300 "Special Conditions," Par. 14, for additional
requirements.
1.6 QUALITY ASSURANCE
A. Welding: Qualify procedures and personnel according to AWS D1.1, "Structural Welding
Code--Steel."
PART 2 - PRODUCTS
2.1 STEEL PIPE HANGERS AND SUPPORTS
A. Description: MSS SP-58, Types 1 through 58, factory-fabricated components. Refer to
Part 3 "Hanger and Support Applications" Article for where to use specific hanger and
support types.
B. Manufacturers: Subject to compliance with requirements, available manufacturers
offering products that may be incorporated into the Work include, but are not limited to,
the following:
2. 1. B-Line Systems, Inc.; a division of Cooper Industries.
3. Carpenter & Paterson, Inc.
4. Grinnell Corp.
5. National Pipe Hanger Corporation.
5. Piping Technology & Products, Inc.
C. Galvanized, Metallic Coatings: Pre-galvanized or hot dipped.
D. Nonmetallic Coatings: Plastic coating, jacket, or liner.
2.2 TRAPEZE PIPE HANGERS
A. Description: MSS SP-69, Type 59, shop- or field-fabricated pipe-support assembly made
from structural- steel shapes with MSS SP-58 hanger rods, nuts, saddles, and U-bolts.
2.3 METAL FRAMING SYSTEMS
A. Manufacturers: Subject to compliance with requirements, available manufacturers
offering products that may be incorporated into the Work include, but are not limited to,
the following:
1. B-Line Systems, Inc.; a division of Cooper Industries.
2. Thomas & Betts Corporation.
3. Unistrut Corp.; Tyco International, Ltd.
B. Description: MFMA-4, shop- or field-fabricated pipe-support assembly made of steel
channels and other components.
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C. Channels: Continuous slotted steel channel with inturned lips.
D. Channel Nuts: Formed or stamped steel nuts or other devices designed to fit into channel
slot and, when tightened, prevent slipping along channel.
E. Coatings: Manufacturer's standard finish, unless bare metal surfaces are indicated.
F. Nonmetallic Coatings: Plastic coating, jacket, or liner.
2.4 THERMAL-HANGER SHIELD INSERTS
A. Description: 100-psig-minimum, compressive-strength insulation insert encased in sheet
metal shield.
B. Insulation-Insert Material for Cold Piping: Water-repellent treated, ASTM C 533, Type I
calcium silicate or ASTM C 552, Type II cellular glass with vapor barrier.
C. Insulation-Insert Material for Hot Piping: Water-repellent treated, ASTM C 533, Type I
calcium silicate or ASTM C 552, Type II cellular glass.
D. For Trapeze or Clamped Systems: Insert and shield shall cover entire circumference of
pipe.
E. For Clevis or Band Hangers: Insert and shield shall cover lower 180 degrees of pipe.
F. Insert Length: Extend 2 inches beyond sheet metal shield for piping operating below
ambient air temperature.
2.5 FASTENER SYSTEMS
A. Mechanical-Expansion Anchors: Insert-wedge-type zinc-coated steel, for use in hardened
portland cement concrete with pull-out, tension, and shear capacities appropriate for
supported loads and building materials where used.
2.6 PIPE STAND FABRICATION
A. Pipe Stands, General: Shop or field-fabricated assemblies made of manufactured
corrosion-resistant components to support roof-mounted piping.
1. Vertical Members: Two or more protective-coated-steel channels.
2. Horizontal Member: Protective-coated-steel channel.
3. Pipe Supports: Galvanized-steel, clevis-type pipe hangers.
2.7 EQUIPMENT SUPPORTS
A. Description: Welded, shop- or field-fabricated equipment support made from structural-
steel shapes.
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2.8 MISCELLANEOUS MATERIALS
A. Structural Steel: ASTM A 36/A 36M, steel plates, shapes, and bars; black and
galvanized.
B. Grout: ASTM C 1107, factory-mixed and -packaged, dry, hydraulic-cement, non-shrink
and nonmetallic grout; suitable for interior and exterior applications.
1. Properties: Non-staining, noncorrosive, and nongaseous.
2. Design Mix: 5000-psi, 28-day compressive strength.
PART 3 - EXECUTION
3.1 HANGER AND SUPPORT APPLICATIONS
A. Specific hanger and support requirements are specified in Sections specifying piping
systems and equipment.
B. Comply with MSS SP-69 for pipe hanger selections and applications that are not
specified in piping system Sections.
C. Use hangers and supports with galvanized, metallic coatings for piping and equipment
that will not have field-applied finish.
D. Use nonmetallic coatings on attachments for electrolytic protection where attachments
are in direct contact with copper tubing.
E. Horizontal-Piping Hangers and Supports: Unless otherwise indicated and except as
specified in piping system Sections, install the following types:
1. Adjustable, Steel Clevis Hangers (MSS Type 1): For suspension of noninsulated
or insulated stationary pipes, NPS 1/2 to NPS 30
2. Carbon- or Alloy-Steel, Double-Bolt Pipe Clamps (MSS Type 3): For suspension
of pipes, NPS 3/4 to NPS 24 requiring clamp flexibility and up to 4 inches of
insulation.
3. Steel Pipe Clamps (MSS Type 4): For suspension of cold and hot pipes, NPS 1/2
to NPS 24 if little or no insulation is required.
4. Insulated Strut Clamps: For suspension of multiple refrigerant pipes, NPS 1/4 to
NPS 2.
F. Vertical-Piping Clamps: Unless otherwise indicated and except as specified in piping
system Sections, install the following types:
1. Carbon- or Alloy-Steel Riser Clamps (MSS Type 42): For support of pipe risers,
NPS 3/4 to NPS 20 if longer ends are required for riser clamps.
G. Hanger-Rod Attachments: Unless otherwise indicated and except as specified in piping
system Sections, install the following types:
1. Steel Turnbuckles (MSS Type 13): For adjustment up to 6 inches for heavy
loads.
2. Steel Clevises (MSS Type 14): For 120 to 450 deg F piping installations.
3. Malleable-Iron Sockets (MSS Type 16): For attaching hanger rods to various
types of building attachments.
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H. Building Attachments: Unless otherwise indicated and except as specified in piping
system Sections, install the following types:
1. Steel or Malleable Concrete Inserts (MSS Type 18): For upper attachment to
suspend pipe hangers from concrete ceiling.
2. Top-Beam C-Clamps (MSS Type 19): For use under roof installations with bar-
joist construction to attach to top flange of structural shape.
3. C-Clamps (MSS Type 23): For structural shapes.
4. Top-Beam Clamps (MSS Type 25): For top of beams if hanger rod is required
tangent to flange edge.
I. Saddles and Shields: Unless otherwise indicated and except as specified in piping system
Sections, install the following types:
1. Protection Shields (MSS Type 40): Of length recommended in writing by
manufacturer to prevent crushing insulation.
2. Thermal-Hanger Shield Inserts: For supporting insulated pipe.
J. Comply with MSS SP-69 for trapeze pipe hanger selections and applications that are not
specified in piping system Sections.
K. Comply with MFMA-102 for metal framing system selections and applications that are
not specified in piping system Sections.
3.2 HANGER AND SUPPORT INSTALLATION
A. Steel Pipe Hanger Installation: Comply with MSS SP-69 and MSS SP-89. Install hangers,
supports, clamps, and attachments as required to properly support piping from building
structure.
B. Trapeze Pipe Hanger Installation: Comply with MSS SP-69 and MSS SP-89. Arrange for
grouping of parallel runs of horizontal piping and support together on field-fabricated
trapeze pipe hangers.
1. Pipes of Various Sizes: Support together and space trapezes for smallest pipe size
or install intermediate supports for smaller diameter pipes as specified above for
individual pipe hangers.
2. Field fabricate from ASTM A 36/A 36M, steel shapes selected for loads being
supported. Weld steel according to AWS D1.1.
C. Metal Framing System Installation: Arrange for grouping of parallel runs of piping and
support together on field-assembled metal framing systems.
D. Thermal-Hanger Shield Installation: Install in pipe hanger or shield for insulated piping.
E. Fastener System Installation:
1. Install mechanical-expansion anchors in concrete after concrete is placed and
completely cured. Install fasteners according to manufacturer's written
instructions.
F. Pipe Stand Installation:
1. Pipe Stand Types, except Curb-Mounting Type: Assemble components and
mount on smooth floor or roof surface. Do not penetrate roof membrane.
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G. Install hangers and supports complete with necessary inserts, bolts, rods, nuts, washers,
and other accessories.
H. Equipment Support Installation: Fabricate from welded-structural-steel shapes.
I. Install hangers and supports to allow controlled thermal and seismic movement of piping
systems, to permit freedom of movement between pipe anchors, and to facilitate action of
expansion joints, expansion loops, expansion bends, and similar units.
J. Install lateral bracing with pipe hangers and supports to prevent swaying.
K. Install building attachments within concrete slabs or attach to structural steel. Install
additional attachments at concentrated loads, including valves, flanges, and strainers,
NPS 2-1/2 and larger and at changes in direction of piping. Install concrete inserts before
concrete is placed; fasten inserts to forms and install reinforcing bars through openings at
top of inserts.
L. Load Distribution: Install hangers and supports so piping live and dead loads and stresses
from movement will not be transmitted to connected equipment.
M. Pipe Slopes: Install hangers and supports to provide indicated pipe slopes and so
maximum pipe deflections allowed by ASME B31.1 (for power piping) and ASME
B31.9 (for building services piping) are not exceeded.
N. Insulated Piping: Comply with the following:
1. Attach clamps and spacers to piping.
a. Piping Operating above Ambient Air Temperature: Clamp may project
through insulation.
b. Piping Operating below Ambient Air Temperature: Use thermal-hanger
shield insert with clamp sized to match OD of insert.
c. Do not exceed pipe stress limits according to ASME B31.1 for power
piping and ASME B31.9 for building services piping.
2. Install MSS SP-58, Type 39, protection saddles if insulation without vapor
barrier is indicated. Fill interior voids with insulation that matches adjoining
insulation.
a. Option: Thermal-hanger shield inserts may be used. Include steel weight-
distribution plate for pipe NPS 4 and larger if pipe is installed on rollers.
3. Install MSS SP-58, Type 40, protective shields on cold piping with vapor barrier.
Shields shall span an arc of 180 degrees.
a. Option: Thermal-hanger shield inserts may be used. Include steel weight-
distribution plate for pipe NPS 4 and larger if pipe is installed on rollers.
4. Shield Dimensions for Pipe: Not less than the following:
a. NPS 1/4 to NPS 3-1/2: 12 inches long and 0.048 inch thick.
5. Insert Material: Length at least as long as protective shield.
6. Thermal-Hanger Shields: Install with insulation same thickness as piping
insulation.
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3.3 EQUIPMENT SUPPORTS
A. Fabricate structural-steel stands to suspend equipment from structure overhead or to
support equipment above floor.
B. Grouting: Place grout under supports for equipment and make smooth bearing surface.
C. Provide lateral bracing, to prevent swaying, for equipment supports.
3.4 METAL FABRICATIONS
A. Cut, drill, and fit miscellaneous metal fabrications for trapeze pipe hangers and equipment
supports.
B. Fit exposed connections together to form hairline joints. Field weld connections that
cannot be shop welded because of shipping size limitations.
C. Field Welding: Comply with AWS D1.1 procedures for shielded metal arc welding,
appearance and quality of welds, and methods used in correcting welding work, and with
the following:
1. Use materials and methods that minimize distortion and develop strength and
corrosion resistance of base metals.
2. Obtain fusion without undercut or overlap.
3. Remove welding flux immediately.
4. Finish welds at exposed connections so no roughness shows after finishing and
contours of welded surfaces match adjacent contours.
3.5 ADJUSTING
A. Hanger Adjustments: Adjust hangers to distribute loads equally on attachments and to
achieve indicated slope of pipe.
B. Trim excess length of continuous-thread hanger and support rods to 1-1/2 inches
3.6 PAINTING
A. Touch Up: Clean field welds and abraded areas of shop paint. Paint exposed areas
immediately after erecting hangers and supports. Use same materials as used for shop
painting. Comply with SSPC-PA 1 requirements for touching up field-painted surfaces.
1. Apply paint by brush or spray to provide minimum dry film thickness of 2.0 mils.
B. Touch Up: Cleaning and touchup painting of field welds, bolted connections, and abraded
areas of shop paint on miscellaneous metal are specified in Division 09 painting Sections.
C. Galvanized Surfaces: Clean welds, bolted connections, and abraded areas and apply
galvanizing-repair paint to comply with ASTM A 780.
-- End of Section --
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SECTION 23 05 48
VIBRATION AND SEISMIC CONTROLS FOR HVAC PIPING AND EQUIPMENT
PART 1 – GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes the following:
1. Isolation pads.
2. Mounts.
3. Isolators.
4. Spring and elastomeric hangers.
5. Pipe riser resilient supports.
6. Resilient pipe guides.
7. Restraining braces and cables.
8. Mechanical anchor bolts.
9. Adhesive anchor bolts.
B. Related Sections include the following:
1. Section 230529 “Hangers and Supports for HVAC Piping and Equipment” for
general requirements.
1.3 DEFINITIONS
A. ASCE: American Society of Civil Engineers.
B. IBC: International Building Code.
C. ICC-ES: ICC-Evaluation Service.
D. OSHPD: Office of Statewide Health Planning and Development for the State of
California.
1.4 PERFORMANCE REQUIREMENTS
A. Design Criteria:
1. Refer to Structural General Notes Sheet S-001.
2. Building Occupancy Category: III
3. Seismic Importance Factor: 1.25
4. Site Class: C
5. Seismic Design Category: C
6. Component Importance Factor (Mechanical Components): 1.5
a. All gas fired equipment venting.
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7. Component Importance Factor (Mechanical Components): 1.0
a. All other systems.
8. Refer to Chapter 13 of ASCE 7.
1.5 SUBMITTALS
A. Product Data: For the following:
1. Include rated load, rated deflection, and overload capacity for each vibration
isolation device.
2. Illustrate and indicate style, material, strength, fastening provision, and finish for
each type and size of seismic-restraint component used.
B. Welding certificates.
C. Provide certificate of compliance that materials and equipment comply with the provision
of the Buy American Act. See 007300 "Special Conditions," Par. 14, for additional
requirements.
D. Qualification Data: For Professional Engineer.
E. Operation and Maintenance Data: For air-mounting systems to include in operation and
maintenance manuals.
1.6 QUALITY ASSURANCE
A. Testing Agency Qualifications: An independent agency, with the experience and
capability to conduct the testing indicated, that is a nationally recognized testing
laboratory (NRTL) as defined by OSHA in 29 CFR 1910.7, and that is acceptable to
authorities having jurisdiction.
B. Comply with seismic-restraint requirements in the IBC unless requirements in this
Section are more stringent.
C. Welding: Qualify procedures and personnel according to AWS D1.1/D1.1M, "Structural
Welding Code - Steel."
D. Seismic-restraint devices shall have horizontal and vertical load testing and analysis and
shall bear anchorage preapproval OPA number from OSHPD, preapproval by ICC-ES, or
preapproval by another agency acceptable to authorities having jurisdiction, showing
maximum seismic-restraint ratings. Ratings based on independent testing are preferred to
ratings based on calculations. If preapproved ratings are not available, submittals based
on independent testing are preferred. Calculations (including combining shear and tensile
loads) to support seismic-restraint designs must be signed and sealed by a qualified
professional engineer.
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PART 2 - PRODUCTS
2.1 VIBRATION ISOLATORS
A. Manufacturers: Subject to compliance with requirements, available manufacturers
offering products that may be incorporated into the Work include, but are not limited to,
the following:
1. Amber/Booth Company, Inc.
2. Kinetics Noise Control.
3. Mason Industries.
4. Vibro-Acoustics.
B. Pads: Arranged in single or multiple layers of sufficient stiffness for uniform loading
over pad area, molded with a nonslip pattern and galvanized-steel baseplates, and factory
cut to sizes that match requirements of supported equipment.
1. Resilient Material: Oil- and water-resistant neoprene.
C. Mounts: Double-deflection type, with molded, oil-resistant rubber, hermetically sealed
compressed fiberglass, or neoprene isolator elements with factory-drilled, encapsulated
top plate for bolting to equipment and with baseplate for bolting to structure. Color-code
or otherwise identify to indicate capacity range.
1. Materials: Cast-ductile-iron or welded steel housing containing two separate and
opposing, oil- resistant rubber or neoprene elements that prevent central threaded
element and attachment hardware from contacting the housing during normal
operation.
2. Neoprene: Shock-absorbing materials compounded according to the standard for
bridge-bearing neoprene as defined by AASHTO.
D. Restrained Mounts: All-directional mountings with seismic restraint.
1. Materials: Cast-ductile-iron or welded steel housing containing two separate and
opposing, oil- resistant rubber or neoprene elements that prevent central threaded
element and attachment hardware from contacting the housing during normal
operation.
2. Neoprene: Shock-absorbing materials compounded according to the standard for
bridge-bearing neoprene as defined by AASHTO.
E. Restrained Spring Isolators: Freestanding, steel, open-spring isolators with seismic or
limit-stop restraint.
1. Housing: Steel with resilient vertical-limit stops to prevent spring extension due
to weight being removed; factory-drilled baseplate bonded to 1/4-inch-ck,
neoprene or rubber isolator pad attached to baseplate underside; and adjustable
equipment mounting and leveling bolt that acts as blocking during installation.
2. Restraint: Seismic or limit stop as required for equipment and authorities having
jurisdiction.
3. Outside Spring Diameter: Not less than 80 percent of the compressed height of
the spring at rated load.
4. Minimum Additional Travel: 50 percent of the required deflection at rated load.
5. Lateral Stiffness: More than 80 percent of rated vertical stiffness.
6. Overload Capacity: Support 200 percent of rated load, fully compressed, without
deformation or failure.
7. Housing: Ductile-iron or steel housing to provide all-directional seismic restraint.
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8. Base: Factory drilled for bolting to structure.
9. Snubbers: Vertically adjustable to allow a maximum of 1/4-inch travel up or
down before contacting a resilient collar.
F. Spring and Elastomeric Hanger Isolators: Combination Coil-Spring and Elastomeric-
Insert Hanger with Spring and Insert in Compression:
1. Frame: Steel, fabricated for connection to threaded hanger rods and to allow for a
maximum of 30 degrees of angular hanger-rod misalignment without binding or
reducing isolation efficiency.
2. Outside Spring Diameter: Not less than 80 percent of the compressed height of
the spring at rated load.
3. Minimum Additional Travel: 50 percent of the required deflection at rated load.
4. Lateral Stiffness: More than 80 percent of rated vertical stiffness.
5. Overload Capacity: Support 200 percent of rated load, fully compressed, without
deformation or failure.
6. Elastomeric Element: Molded, oil-resistant rubber or neoprene. Steel-washer-
reinforced cup to support spring and bushing projecting through bottom of frame.
7. Adjustable Vertical Stop: Steel washer with neoprene washer "up-stop" on lower
threaded rod.
8. Self-centering hanger-rod cap to ensure concentricity between hanger rod and
support spring coil.
G. Pipe Riser Resilient Support: All-directional, acoustical pipe anchor consisting of 2 steel
tubes separated by a minimum of 1/2-inch-ck neoprene. Include steel and neoprene
vertical-limit stops arranged to prevent vertical travel in both directions. Design support
for a maximum load on the isolation material of 500 psig and for equal resistance in all
directions.
H. Resilient Pipe Guides: Telescopic arrangement of 2 steel tubes or post and sleeve
arrangement separated by a minimum of 1/2-inch-ck neoprene. Where clearances are not
readily visible, a factory- set guide height with a shear pin to allow vertical motion due to
pipe expansion and contraction shall be fitted. Shear pin shall be removable and
reinsertable to allow for selection of pipe movement. Guides shall be capable of motion
to meet location requirements.
2.2 SEISMIC-RESTRAINT DEVICES
A. Manufacturers: Subject to compliance with requirements, available manufacturers
offering products that may be incorporated into the Work include, but are not limited to,
the following:
1. Amber/Booth Company, Inc.
2. Cooper B-Line, Inc.; a division of Cooper Industries.
3. Hilti, Inc.
4. Kinetics Noise Control.
5. Mason Industries.
6. Unistrut; Tyco International, Ltd.
7. Vibro-Acoustics.
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B. General Requirements for Restraint Components: Rated strengths, features, and
applications shall be as defined in reports by an agency acceptable to authorities having
jurisdiction.
1. Structural Safety Factor: Allowable strength in tension, shear, and
pullout force of components shall be at least four times the maximum
seismic forces to which they will be subjected.
C. Snubbers: Factory fabricated using welded structural-steel shapes and plates, anchor
bolts, and replaceable resilient isolation washers and bushings.
1. Anchor bolts for attaching to concrete shall be seismic-rated, drill-in, and stud-
wedge or female- wedge type.
2. Resilient Isolation Washers and Bushings: Oil- and water-resistant neoprene.
3. Maximum 1/4-inch air gap, and minimum 1/4-inch-thick resilient cushion.
D. Channel Support System: MFMA-3, shop- or field-fabricated support assembly made of
slotted steel channels with accessories for attachment to braced component at one end
and to building structure at the other end and other matching components and with
corrosion-resistant coating; and rated in tension, compression, and torsion forces.
E. Restraint Cables: ASTM A 603 galvanized-steel cables with end connections made of
steel assemblies with thimbles, brackets, swivel, and bolts designed for restraining cable
service; and with a minimum of two clamping bolts for cable engagement.
F. Hanger Rod Stiffener: Steel tube or steel slotted-support-system sleeve with internally
bolted connections to hanger rod.
G. Bushings for Floor-Mounted Equipment Anchor Bolts: Neoprene bushings designed for
rigid equipment mountings and matched to type and size of anchor bolts and studs.
H. Bushing Assemblies for Wall-Mounted Equipment Anchorage: Assemblies of neoprene
elements and steel sleeves designed for rigid equipment mountings and matched to type
and size of attachment devices used.
I. Resilient Isolation Washers and Bushings: One-piece, molded, oil- and water-resistant
neoprene, with a flat washer face.
J. Mechanical Anchor Bolts: Drilled-in and stud-wedge or female-wedge type in zinc-
coated steel for interior applications and stainless steel for exterior applications. Select
anchor bolts with strength required for anchor and as tested according to ASTM E 488.
Minimum length of eight times diameter.
K. Adhesive Anchor Bolts: Drilled-in and capsule anchor system containing polyvinyl or
urethane methacrylate-based resin and accelerator, or injected polymer or hybrid mortar
adhesive. Provide anchor bolts and hardware with zinc-coated steel for interior
applications and stainless steel for exterior applications. Select anchor bolts with strength
required for anchor and as tested according to ASTM E 488.
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2.3 FACTORY FINISHES
A. Finish: Manufacturer's standard paint applied to factory-assembled and -tested equipment
before shipping.
1. Powder coating on springs and housings.
2. All hardware shall be galvanized. Hot-dip galvanized metal components for
exterior use.
3. Baked enamel or powder coat for metal components on isolators for interior use.
4. Color-code or otherwise mark vibration isolation and seismic-control devices to
indicate capacity range.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine areas and equipment to receive vibration isolation and seismic-control devices
for compliance with requirements for installation tolerances and other conditions
affecting performance.
B. Examine roughing-in of reinforcement and cast-in-place anchors to verify actual
locations before installation.
C. Proceed with installation only after unsatisfactory conditions have been corrected.
3.2 APPLICATIONS
A. Multiple Pipe Supports: Secure pipes to trapeze member with clamps approved for
application by an agency acceptable to authorities having jurisdiction.
B. Hanger Rod Stiffeners: Install hanger rod stiffeners where indicated or scheduled on
Drawings to receive them and where required to prevent buckling of hanger rods due to
seismic forces.
C. Strength of Support and Seismic-Restraint Assemblies: Where not indicated, select sizes
of components so strength will be adequate to carry present and future static and seismic
loads within specified loading limits.
3.3 HVAC EQUIPMENT AND PIPING VIBRATION ISOLATION AND SEISMIC CONTROL
DEVICE SCHEDULE
A. Equipment Bracing
1. All overhead utilities, equipment, and components weighing 31 pounds or more
(excluding distributed systems such as piping networks that collectively exceed
that weight) shall be mounted (utilizing rigid or flexible systems) in a manner to
resist forces of 0.5 times the equipment weight in any horizontal direction and
1.5 times the equipment weight in the downward direction.
2. Comply with requirements of UFC 4-10-01 B-4.5 Standard 20. (This standard
does not preclude the need to design and provide mountings for forces required
by other criteria such as seismic requirements).
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B. Indoor, exposed, base mounted Air Handling Units
1. Isolators: Isolation pad.
2. Fans: Internally isolated with 2” deflection springs (provided by AHU
manufacturer).
C. Indoor, floor mounted VRF Heat Pump Units
1. Isolators: Restrained neoprene mounts, 0.25” deflection.
D. Indoor, base mounted CHP Units
1. Isolators: Restrained neoprene mounts, 0.25” deflection
E. Refrigerant Piping within 20 ft of VRF Heat Pump Units located in the Mechanical Room
1. Isolators: Spring and Elastomeric Hangers, 1” deflection.
F. Indoor, suspended Evaporator Units
1. Isolators: Spring and Elastomeric Hangers, 1” deflection.
G. Indoor, base mounted Energy Recovery Units
1. Isolators: Isolation pad.
H. Indoor, suspended Inline Exhaust Fans
1. Isolators: Elastomeric Hangers (provided by fan manufacturer).
I. Indoor, exposed suspended Unit Heaters
1. Isolators: Spring and Elastomeric Hangers, 1” deflection.
3.4 ACCOMMODATION OF DIFFERENTIAL SEISMIC MOTION
A. Install flexible connections in piping where they cross seismic joints, where adjacent
sections or branches are supported by different structural elements, and where the
connections terminate with connection to equipment that is anchored to a different
structural element from the one supporting the connections as they approach equipment.
Comply with requirements in Division 23 Section "Hydronic Piping" for piping flexible
connections.
3.5 FIELD QUALITY CONTROL
A. Vibration Isolator Testing: Contractor shall perform the following field quality control
testing:
1. Isolator seismic-restraint clearance.
2. Isolator deflection.
3. Snubber minimum clearances.
3.6 ADJUSTING
A. Adjust isolators after piping system is at operating weight.
B. Adjust limit stops on restrained spring isolators to mount equipment at normal operating
height. After equipment installation is complete, adjust limit stops so they are out of
contact during normal operation.
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C. Adjust active height of spring isolators.
D. Adjust restraints to permit free movement of equipment within normal mode of
operation.
3.7 DEMONSTRATION
A. Engage a factory-authorized service representative to train Owner's maintenance
personnel to adjust, operate, and maintain vibration isolation systems. Refer to Division
01 Section "Demonstration and Training."
-- End of Section --
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SECTION 23 05 93
TESTING, ADJUSTING, AND BALANCING
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes testing, adjusting, and balancing of plumbing and HVAC systems
to produce design objectives, including the following:
1. Balancing airflow and water flow within distribution systems, including
submains, branches, and terminals, to indicated quantities according to specified
tolerances.
2. Adjusting total HVAC systems to provide indicated quantities.
3. Measuring electrical performance of HVAC equipment.
4. Setting quantitative performance of HVAC equipment.
5. Reporting results of the activities and procedures specified in this Section.
B. Related Sections include the following:
1. Testing and adjusting requirements unique to particular systems and equipment
are included in the Sections that specify those systems and equipment.
2. Field quality-control testing to verify that workmanship quality for system and
equipment installation is specified in system and equipment Sections.
3. Division 23 Section “Commissioning of HVAC”
4. Division 23 Section "Niagara AX Platform Requirements for HVAC" for control
equipment and devices and submittal requirements.
5. Division 23 Section "HVAC Sequence of Operations" for controls coordination.
6. Division 26 Section “Electricity Metering” for coordination with Monitoring and
Trend-Logging.
1.3 PREINSTALLATION MEETINGS
A. TAB Conference: Conduct a TAB conference at Project site after approval of the TAB
strategies and procedures plan to develop a mutual understanding of the details. Provide a
minimum of 14 days' advance notice of scheduled meeting time and location.
1. Minimum Agenda Items:
a. The Contract Documents examination report.
b. The TAB plan.
c. Requirements for coordination of trades and subcontractors.
d. Proposed procedures for documentation and communication flow.
1.4 SUBMITTALS
A. Qualification Data: Submit documentation that the TAB specialist and this Project's TAB
team members meet the qualifications specified in "Quality Assurance" Article.
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B. Contract Documents Examination Report: Submit the Contract Documents review report
as specified in Part 3.
C. Strategies and Procedures Plan: Submit TAB strategies and step-by-step procedures as
specified in "Preparation" Article.
D. System Readiness Checklists: Submit system readiness checklists as specified in
"Preparation" Article.
E. Examination Report: Submit a summary report of the examination review required in
"Examination" Article.
F. Sample report forms.
G. Instrument calibration reports, to include the following:
1. Instrument type and make.
2. Serial number.
3. Application.
4. Dates of use.
5. Dates of calibration.
H. Certified TAB reports.
1.5 QUALITY ASSURANCE
A. TAB Firm Qualifications: Engage one of the following TAB firms:
1. Maine Air Balance.
2. Central Air Balance.
3. Yankee Balancing.
4. Tekon-Technical Consultants, Inc.
B. TAB Report Forms: Use standard forms from SMACNA’s “HVAC Systems - Testing,
Adjusting, and Balancing” or TAB firm’s forms approved by Architect/Engineer.
C. Instrumentation Calibration: Calibrate instruments at least every six months or more
frequently if required by instrument manufacturer.
1.6 COORDINATION
A. Coordinate the efforts of factory-authorized service representatives for systems and
equipment, HVAC controls installers, and other mechanics to operate HVAC systems
and equipment to support and assist testing, adjusting, and balancing activities.
B. Notice: Provide minimum 7 days' advance notice for each test. Include scheduled test
dates and times.
C. Perform testing, adjusting, and balancing after leakage and pressure tests on air and water
distribution systems have been satisfactorily completed.
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1.7 FIELD CONDITIONS
A. Partial Owner Occupancy: Owner may occupy completed areas of building before
Substantial Completion. Cooperate with Owner during TAB operations to minimize
conflicts with Owner's operations.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine the Contract Documents to become familiar with Project requirements and to
discover conditions in systems designs that may preclude proper TAB of systems and
equipment.
B. Examine installed systems for balancing devices, such as test ports, gage cocks,
thermometer wells, flow-control devices, balancing valves and fittings, and manual
volume dampers. Verify that locations of these balancing devices are applicable for
intended purpose and are accessible.
C. Examine the approved submittals for HVAC systems and equipment.
D. Examine design data including HVAC system descriptions, statements of design
assumptions for environmental conditions and systems output, and statements of
philosophies and assumptions about HVAC system and equipment controls.
E. Examine equipment performance data including fan and pump curves.
1. Relate performance data to Project conditions and requirements, including
system effects that can create undesired or unpredicted conditions that cause
reduced capacities in all or part of a system.
F. Examine system and equipment installations and verify that field quality-control testing,
cleaning, and adjusting specified in individual Sections have been performed.
G. Examine test reports specified in individual system and equipment Sections.
H. Examine HVAC equipment and verify that bearings are greased, belts are aligned and
tight, filters are clean, and equipment with functioning controls is ready for operation.
I. Examine terminal units and verify that they are accessible, and their controls are
connected and functioning.
J. Examine strainers. Verify that startup screens have been replaced by permanent screens
with indicated perforations.
K. Examine control valves for proper installation for their intended function of throttling,
diverting, or mixing fluid flows.
L. Examine heat-transfer coils for correct piping connections and for clean and straight fins.
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M. Examine system pumps to ensure absence of entrained air in the suction piping.
N. Examine operating safety interlocks and controls on HVAC equipment.
O. Report deficiencies discovered before and during performance of TAB procedures.
Observe and record system reactions to changes in conditions. Record default set points if
different from indicated values.
3.2 GENERAL TESTING AND BALANCING PROCEDURES
A. Perform testing and balancing procedures on each system according to the procedures
contained in SMACNA's "HVAC Systems--Testing, Adjusting, and Balancing" and this
Section.
B. Cut insulation, ducts, pipes, and equipment cabinets for installation of test probes to the
minimum extent necessary to allow adequate performance of procedures. After testing
and balancing, close probe holes and patch insulation with new materials identical to
those removed. Restore vapor barrier and finish according to the insulation Specifications
for this Project.
C. Mark equipment settings with paint or other suitable, permanent identification material,
including damper-control positions, valve indicators, fan-speed-control levers, and
similar controls and devices, to show final settings.
3.3 FUNDAMENTAL AIR SYSTEMS' BALANCING PROCEDURES
A. Prepare test reports for both fans and outlets. Obtain manufacturer's outlet factors and
recommended testing procedures. Crosscheck the summation of required outlet volumes
with required fan volumes.
B. Determine the best locations in main and branch ducts for accurate duct airflow
measurements.
C. Locate start-stop and disconnect switches, electrical interlocks, and motor starters.
D. Verify that motor starters are equipped with properly sized thermal protection.
E. Check dampers for proper position to achieve desired airflow path.
F. Check for airflow blockages.
G. Check for proper sealing of air-handling unit components.
3.4 CONSTANT-VOLUME AIR SYSTEMS' BALANCING PROCEDURES
A. The procedures in this Article apply to constant-volume supply-, return-, and exhaust-air
systems.
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B. Adjust fans to deliver total design airflows within the maximum allowable rpm listed by
the fan manufacturer.
1. Measure fan static pressures to determine actual static pressure as follows:
a. Measure outlet static pressure as far downstream from the fan as
practicable and upstream from restrictions in ducts such as elbows and
transitions.
b. Measure static pressure directly at the fan outlet or through the flexible
connection.
c. Measure inlet static pressure of single-inlet fans in the inlet duct as near
the fan as possible, upstream from flexible connection and downstream
from duct restrictions.
2. Compare design data with installed conditions to determine variations in design
static pressures versus actual static pressures. Compare actual system effect
factors with calculated system effect factors to identify where variations occur.
Recommend corrective action to align design and actual conditions.
3. Adjust fan speed higher or lower than design with the approval of the Architect.
Make required adjustments to pulley sizes, motor sizes, and electrical
connections to accommodate fan-speed changes.
4. Do not make fan-speed adjustments that result in motor overload. Consult
equipment manufacturers about fan-speed safety factors. Modulate dampers and
measure fan-motor amperage to ensure no overload will occur. Measure
amperage in full cooling, full heating, and economizer modes to determine the
maximum required brake horsepower.
C. Adjust volume dampers for main duct, submain ducts, and major branch ducts to design
airflows within specified tolerances.
1. Measure static pressure at a point downstream from the balancing damper and
adjust volume dampers until the proper static pressure is achieved.
2. Remeasure each submain and branch duct after all have been adjusted. Continue
to adjust submains and branch ducts to design airflows within specified
tolerances.
D. Measure terminal outlets and inlets without making adjustments.
1. Measure terminal outlets using a direct-reading hood or the outlet manufacturer's
written instructions and calculating factors.
E. Adjust terminal outlets and inlets for each space to design airflows within specified
tolerances of design values. Make adjustments using volume dampers rather than
extractors and the dampers at the air terminals.
1. Adjust each outlet in the same room or space to within specified tolerances of
design quantities without generating noise levels above the limitations prescribed
by the Contract Documents.
2. Adjust patterns of adjustable outlets for proper distribution without drafts.
3.5 PROCEDURES FOR VARIABLE-AIR-VOLUME SYSTEMS
A. Compensating for Diversity: When the total airflow of all terminal units is more than the
indicated airflow of the fan, place a selected number of terminal units at a minimum set-
point airflow with the remainder at maximum-airflow condition until the total airflow of
the terminal units equals the indicated airflow of the fan. Select the reduced-airflow
terminal units so they are distributed evenly among the branch ducts.
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B. Pressure-Independent, Variable-Air-Volume Systems: After the fan systems have been
adjusted, adjust the variable-air-volume systems as follows:
1. Set outdoor-air dampers at minimum, and set return- and exhaust-air dampers at
a position that simulates full-cooling load.
2. Select the terminal unit that is most critical to the supply-fan airflow and static
pressure. Measure static pressure. Adjust system static pressure so the entering
static pressure for the critical terminal unit is not less than the sum of the
terminal-unit manufacturer's recommended minimum inlet static pressure plus
the static pressure needed to overcome terminal-unit discharge system losses.
3. Measure total system airflow. Adjust to within indicated airflow.
4. Set terminal units at maximum airflow and adjust controller or regulator to
deliver the designed maximum airflow. Use terminal-unit manufacturer's written
instructions to make this adjustment. When total airflow is correct, balance the
air outlets downstream from terminal units the same as described for constant-
volume air systems.
5. Set terminal units at minimum airflow and adjust controller or regulator to
deliver the designed minimum airflow. Check air outlets for a proportional
reduction in airflow the same as described for constant-volume air systems.
a. If air outlets are out of balance at minimum airflow, report the condition
but leave outlets balanced for maximum airflow.
6. Remeasure the return airflow to the fan while operating at maximum return
airflow and minimum outdoor airflow.
a. Adjust the fan and balance the return-air ducts and inlets the same as
described for constant-volume air systems.
7. Measure static pressure at the most critical terminal unit and adjust the static-
pressure controller at the main supply-air sensing station to ensure that adequate
static pressure is maintained at the most critical unit.
8. Record final fan-performance data.
3.6 FUNDAMENTAL PROCEDURES FOR HYDRONIC SYSTEMS
A. Prepare test reports with pertinent design data and number in sequence starting at pump
to end of system. Check the sum of branch-circuit flows against approved pump flow
rate. Correct variations that exceed plus or minus 5 percent.
B. Prepare hydronic systems for testing and balancing according to the following, in
addition to the general preparation procedures specified above:
1. Open all manual valves for maximum flow.
2. Check makeup-water-station pressure gage for adequate pressure for highest
vent.
3. Check flow-control valves for specified sequence of operation and set at design
flow.
4. Set system controls so automatic valves are wide open to heat exchangers.
5. Check pump-motor load. If motor is overloaded, throttle main flow-balancing
device so motor nameplate rating is not exceeded.
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3.7 HYDRONIC SYSTEMS' BALANCING PROCEDURES
A. Determine water flow at pumps. Use the following procedures, except for positive-
displacement pumps:
1. Verify impeller size by operating the pump with the discharge valve closed.
Verify with the pump manufacturer that this will not damage pump. Read
pressure differential across the pump. Convert pressure to head and correct for
differences in gage heights. Note the point on the manufacturer's pump curve at
zero flow and confirm that the pump has the intended impeller size.
2. Check system resistance. With all valves open, read pressure differential across
the pump and mark the pump manufacturer's head-capacity curve. Adjust pump
discharge valve until design water flow is achieved.
3. Verify pump-motor brake horsepower. Calculate the intended brake horsepower
for the system based on the pump manufacturer's performance data. Compare
calculated brake horsepower with nameplate data on the pump motor. Report
conditions where actual amperage exceeds motor nameplate amperage.
4. Report flow rates that are not within plus or minus 5 percent of design.
B. Set calibrated balancing valves, if installed, at calculated presettings.
C. Measure flow at all stations and adjust, where necessary, to obtain first balance.
1. System components that have Cv rating or an accurately cataloged flow-pressure-
drop relationship may be used as a flow-indicating device.
D. Measure flow at main balancing station and set main balancing device on constant
volume systems to achieve flow that is 5 percent greater than design flow.
1. For systems with variable frequency drives, use main balancing device for water
flow measurement only, balance water flow with variable frequency drive
setpoints to 0 to 5 percent greater than indicated flow.
E. Adjust balancing stations to within specified tolerances of design flow rate as follows:
1. Determine the balancing station with the highest percentage over design flow.
2. Adjust each station in turn, beginning with the station with the highest percentage
over design flow and proceeding to the station with the lowest percentage over
design flow.
3. Record settings and mark balancing devices.
F. Measure pump flow rate and make final measurements of pump amperage, voltage, rpm,
pump heads, and systems' pressures and temperatures, including outdoor-air temperature.
G. Measure the differential-pressure control valve settings existing at the conclusions of
balancing.
3.8 PROCEDURES FOR MOTORS
A. Motors, 1/2 HP and Larger: Test at final balanced conditions and record the following
data:
1. Manufacturer, model, and serial numbers.
2. Motor horsepower rating.
3. Motor rpm.
4. Efficiency rating.
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5. Nameplate and measured voltage, each phase.
6. Nameplate and measured amperage, each phase.
7. Starter thermal-protection-element rating.
B. Motors Driven by Variable-Frequency Controllers: Test for proper operation at speeds
varying from minimum to maximum. Test the manual bypass for the controller to prove
proper operation. Record observations, including controller manufacturer, model and
serial numbers, and nameplate data.
3.9 TEMPERATURE-CONTROL VERIFICATION
A. Verify that controllers are calibrated and commissioned.
B. Check transmitter and controller locations and note conditions that would adversely
affect control functions.
C. Record controller settings and note variances between set points and actual
measurements.
D. Check the operation of limiting controllers (i.e., high- and low-temperature controllers).
E. Check free travel and proper operation of control devices such as damper and valve
operators.
F. Check the sequence of operation of control devices
G Check the interaction of electrically operated switch transducers.
H. Check the interaction of interlock and lockout systems.
I. Record voltages of power supply and controller output. Determine whether the system
operates on a grounded or nongrounded power supply.
J. Note operation of electric actuators using spring return for proper fail-safe operations.
3.10 DUCT LEAKAGE TESTS
A. Refer to Division 23 Section “Metal Ducts” for testing requirements for Smoke Control
System exhaust ducts and Kitchen grease exhaust ducts.
B. Witness the duct pressure testing performed by Installer.
C. Verify that proper test methods are used and that leakage rates are within specified
tolerances.
D. Report deficiencies observed.
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3.11 TOLERANCES
A. Set HVAC system airflow and water flow rates within the following tolerances:
1. Supply, Return, and Exhaust Fans: 0 to plus 10 percent.
2. Air Outlets and Inlets: Minus 5 to plus 10 percent.
3. Hot-Water Flow Rate: 0 to plus 10 percent.
3.12 PROGRESS REPORTING
A. Status Reports: Prepare progress reports to describe completed procedures, procedures in
progress, and scheduled procedures. Include a list of deficiencies and problems found in
systems being tested and balanced. Prepare a separate report for each system and each
building floor for systems serving multiple floors.
3.13 FINAL REPORT
A. General: Prepare a certified written report; tabulate and divide the report into separate
sections for tested systems and balanced systems. Refer to Division 1 for electronic
Submittals and project Record Document requirements.
1. Include a certification sheet at the front of the report's binder, signed and sealed
by the certified testing and balancing technician.
2. Include a list of instruments used for procedures, along with proof of calibration.
3. Certify validity and accuracy of field data.
B. Final Report Contents: In addition to the certified field report data, include the following:
1. Manufacturers' test data.
2. Field test reports prepared by system and equipment installers.
3. Other information relative to equipment performance, but do not include
approved Shop Drawings and Product Data.
C. General Report Data: In addition to the form titles and entries, include the following data
in the final report, as applicable:
1. Title page.
2. Name and address of testing, adjusting, and balancing Agent.
3. Project name.
4. Project location.
5. Architect's name and address.
6. Engineer's name and address.
7. Contractor's name and address.
8. Report date.
9. Signature of testing, adjusting, and balancing Agent who certifies the report.
10. Summary of contents, including the following:
a. Design versus final performance.
b. Notable characteristics of systems.
c. Description of system operation sequence if it varies from the Contract
Documents.
11. Nomenclature sheets for each item of equipment.
12. Data for terminal units, including manufacturer, type size, and fittings.
13. Notes to explain why certain final data in the body of reports vary from design
values.
13. Test conditions for fans and pump performance forms, including the following:
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a. Settings for outside-, return-, and exhaust-air dampers.
b. Conditions of filters.
c. Other system operating conditions that affect performance.
D. Pump Test Reports: For pumps, include the following data. Calculate impeller size by
plotting the shutoff head on pump curves.
1. Unit Data: Include the following:
a. Unit identification.
b. Location.
c. Service.
d. Make and size.
e. Model and serial numbers.
f. Water flow rate in gpm
g. Water pressure differential in feet of head or psig
h. Pump rpm.
i. Motor make and frame size.
j. Motor horsepower and rpm.
k. Amperage for each phase.
2. Test Data: Include design and actual values for the following:
a. Static head in feet of head or psig
b. Pump shutoff pressure in feet of head or psig
c. Full-open flow rate in gpm
d. Full-open pressure in feet of head or psig
e. Final discharge pressure in feet of head or psig
f. Final suction pressure in feet of head or psig
g. Final total pressure in feet of head or psig
h. Final water flow rate in gpm
E. CHP Test Reports:
1. Unit Data:
a. Unit identification.
b. Location.
c. Service.
d. Make and type.
e. Model and serial numbers.
f. Fuel type and input in Btuh.
g. Ignition type.
h. Burner-control types.
i. Generator capacity.
j. Voltage at each connection.
h. Amperage for each phase.
2. Test Data (Indicated and Actual Values):
a. Operating pressure in psig.
b. Operating temperature in deg F.
c. Entering-water temperature in deg F.
d. Leaving-water temperature in deg F.
e. Number of safety valves and sizes in NPS.
f. Safety valve settings in psig.
g. High-limit setting in psig.
h. Operating-control setting.
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i. Generator output in KW.
j. Voltage at each connection.
k. Amperage for each phase.
l. Manifold gas pressure in psig.
F. Apparatus-Coil Test Reports:
1. Coil Data:
a. System identification.
b. Location.
c. Coil type.
d. Number of rows.
e. Fin spacing in fins per inch o.c.
f. Make and model number.
g. Face area in sq. ft.
h. Tube size in NPS
i. Tube and fin materials.
j. Circuiting arrangement.
2. Test Data (Indicated and Actual Values):
a. Airflow rate in cfm
b. Average face velocity in fpm
c. Air pressure drop in inches wg
d. Outside-air, wet- and dry-bulb temperatures in deg F
e. Return-air, wet- and dry-bulb temperatures in deg F
f. Entering-air, wet- and dry-bulb temperatures in deg F
g. Leaving-air, wet- and dry-bulb temperatures in deg F
h. Water flow rate in gpm
i. Entering-water temperature in deg F
j. Leaving-water temperature in deg F
k. Fan Test Reports: For supply, return, and exhaust fans, include the
following:
3. Fan Data:
a. System identification.
b. Location.
c. Make and type.
d. Model number and size.
e. Manufacturer's serial number.
f. Arrangement and class.
g. Sheave make, size in inches and bore.
h. Sheave dimensions, center-to-center, and amount of adjustments in
inches
4. Motor Data:
a. Make and frame type and size.
b. Horsepower and rpm.
c. Volts, phase, and hertz.
d. Full-load amperage and service factor.
e. Sheave make, size in inches and bore.
f. Sheave dimensions, center-to-center, and amount of adjustments in
inches
g. Number of belts, make, and size.
5. Test Data (Indicated and Actual Values):
a. Total airflow rate in cfm
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b. Total system static pressure in inches wg
c. Fan rpm.
d. Discharge static pressure in inches wg
e. Suction static pressure in inches wg
G. Round and Rectangular Duct Traverse Reports: Include a diagram with a grid
representing the duct cross-section and record the following:
1. Report Data:
a. System and air-handling unit number.
b. Location and zone.
c. Traverse air temperature in deg F
d. Duct static pressure in inches wg
e. Duct size in inches
f. Duct area in sq. ft.
g. Indicated airflow rate in cfm
h. Indicated velocity in fpm
i. Actual airflow rate in cfm
j. Actual average velocity in fpm
k. Barometric pressure in psig
H. Air-to-Air Energy-Recovery Unit Reports:
1. Unit Data:
a. Unit identification.
b. Location.
c. Service.
d. Make and type.
e. Model and serial numbers.
2. Motor Data:
a. Make and frame type and size.
b. Horsepower and rpm.
c. Volts, phase, and hertz.
d. Full load amperage and service factor.
3. If fans are an integral part of the unit, include the following for each fan:
a. Make and type.
b. Arrangement and size.
4. Test Data (Indicated and Actual Values):
a. Total exhaust airflow rate in cfm
b. Outside airflow rate in cfm
c. Total exhaust fan static pressure in inches wg
d. Total outside-air fan static pressure in inches wg
e. Pressure drop on each side of energy recovery device in inches wg
I. Fan Test Reports: For supply and exhaust fans, include the following:
1. Fan Data:
a. System identification.
b. Location.
c. Make and type.
d. Model number and size.
e. Manufacturer's serial number.
f. Arrangement and class.
g. Sheave make, size in inches, and bore.
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h. Sheave dimensions, center-to-center, and amount of adjustments in
inches.
2. Motor Data:
a. Make and frame type and size.
b. Horsepower and rpm.
c. Volts, phase, and hertz.
d. Full-load amperage and service factor.
e. Sheave make, size in inches, and bore.
f. Sheave dimensions, center-to-center, and amount of adjustments in
inches.
g. Number of belts, make, and size.
3. Test Data (Indicated and Actual Values):
a. Total airflow rate in cfm.
b. Total system static pressure in inches wg.
c. Fan rpm.
d. Discharge static pressure in inches wg.
e. Suction static pressure in inches wg.
J. Air-Terminal-Device Reports:
1. Unit Data:
a. System and air-handling unit identification.
b. Location and zone.
c. Test apparatus used.
d. Area served.
e. Air-terminal-device make.
2. Test Data (Indicated and Actual Values):
a. Airflow rate in cfm
b. Air velocity in fpm
c. Preliminary airflow rate as needed in cfm
d. Preliminary velocity as needed in fpm
e. Final airflow rate in cfm
f. Final velocity in fpm
3.14 VERIFICATION OF TAB REPORT
A. The TAB technician shall conduct the inspection in the presence of project Team
including and not limited to; Architect / Engineer, Owner representative, Contractor, and
Commissioning Agent.
B. Team shall randomly select measurements, documented in the final report, to be
rechecked. Rechecking shall be limited to either 10 percent of the total measurements
recorded or the extent of measurements that can be accomplished in a normal 8-hour
business day.
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C. If rechecks yield measurements that differ from the measurements documented in the
final report by more than the tolerances allowed, the measurements shall be noted as
"FAILED."
D. If the number of "FAILED" measurements is greater than 10 percent of the total
measurements checked during the final inspection, the testing and balancing shall be
considered incomplete and shall be rejected.
E. If TAB work fails, proceed as follows:
1. TAB technician shall recheck all measurements and make adjustments. Revise
the final report and balancing device settings to include all changes; resubmit the
final report and request a second final inspection.
2. If the second final inspection also fails, Owner may contract the services of
another TAB technician to complete TAB work according to the Contract
Documents and deduct the cost of the services from the original TAB specialist's
final payment.
3. If the second verification also fails, Owner may contact AABC Headquarters
regarding the AABC National Performance Guaranty.
F. Prepare test and inspection reports.
3.15 ADDITIONAL TESTS
A. Within 90 days of completing testing, adjusting, and balancing, perform additional testing
and balancing to verify that balanced conditions are being maintained throughout and to
correct unusual conditions.
B. Seasonal Periods: If initial TAB procedures were not performed during near-peak
summer and winter conditions, perform additional testing, inspecting, and adjusting
during near-peak summer and winter conditions.
-- End of Section --
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SECTION 23 07 00
HVAC INSULATION
PART 1 – GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section Includes:
1. Insulation Materials:
a. Flexible elastomeric.
b. Mineral fiber.
2. Fire-rated insulation systems.
3. Insulating cements.
4. Adhesives.
5. Lagging adhesives.
6. Sealants.
7. Factory-applied jackets.
8. Field-applied jackets.
9. Tapes.
10. Securements.
B. Related Sections include the following:
1. Division 22 Section "Plumbing Insulation."
1.3 SUBMITTALS
A. Product Data: For each type of product indicated. Include thermal conductivity,
thickness, and jackets.
B. Qualification Data: For qualified Installer.
C. Material Test Reports: From a qualified testing agency acceptable to authorities having
jurisdiction indicating, interpreting, and certifying test results for compliance of
insulation materials, sealers, attachments, cements, and jackets, with requirements
indicated. Include dates of tests and test methods employed.
C. Provide certificate of compliance that materials and equipment comply with the provision
of the Buy American Act. See 007300 "Special Conditions," Par. 14, for additional
requirements.
1.4 QUALITY ASSURANCE
A. Installer Qualifications: Skilled mechanics who have successfully completed an
apprenticeship program or another craft training program.
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B. Fire-Test-Response Characteristics: Insulation and related materials shall have fire-test-
response characteristics indicated, as determined by testing identical products per ASTM
E 84, by a testing and inspecting agency acceptable to authorities having jurisdiction.
Factory label insulation and jacket materials and adhesive, mastic, tapes, and cement
material containers, with appropriate markings of applicable testing and inspecting
agency.
1. Insulation Installed Indoors: Flame-spread index of 25 or less, and smoke-
developed index of 50 or less.
2. Insulation Installed Outdoors: Flame-spread index of 75 or less, and smoke-
developed index of 150 or less.
1.5 DELIVERY, STORAGE, AND HANDLING
A. Packaging: Insulation material containers shall be marked by manufacturer with
appropriate ASTM standard designation, type and grade, and maximum use temperature.
1.6 COORDINATION
A. Coordinate size and location of supports, hangers, and insulation shields specified in
Division 23 Section "Hangers and Supports for HVAC Piping and Equipment."
B. Coordinate clearance requirements with piping Installer for piping insulation application,
duct Installer for duct insulation application, and equipment Installer for equipment
insulation application. Before preparing piping and ductwork Shop Drawings, establish
and maintain clearance requirements for installation of insulation and field-applied
jackets and finishes and for space required for maintenance.
1.7 SCHEDULING
A. Schedule insulation application after pressure testing systems and, where required, after
installing and testing heat tracing. Insulation application may begin on segments that
have satisfactory test results.
B. Complete installation and concealment of plastic materials as rapidly as possible in each
area of construction.
PART 2 - PRODUCTS
2.1 INSULATION MATERIALS
A. Comply with requirements in Part 3 schedule articles for where insulating materials shall
be applied.
B. Products shall not contain asbestos, lead, mercury, or mercury compounds.
C. Flexible Elastomeric: Closed-cell, sponge- or expanded-rubber materials. Comply with
ASTM C 534, Type I for tubular materials and Type II for sheet materials.
1. Products: Subject to compliance with requirements, available products that may
be incorporated into the Work include, but are not limited to, the following:
a. Aeroflex USA Inc.; Aerocel.
b. Armacell LLC; AP Armaflex.
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c. RBX Corporation; Insul-Sheet 1800 and Insul-Tube 180.
D. Mineral-Fiber Blanket Insulation: Mineral or glass fibers bonded with a thermosetting
resin. Comply with ASTM C 553, Type II and ASTM C 1290, Type III with factory-
applied FSK jacket. Factory-applied jacket requirements are specified in "Factory-
Applied Jackets" Article.
1. Products: Subject to compliance with requirements, available products that may
be incorporated into the Work include, but are not limited to, the following:
a. CertainTeed Corp.; Duct Wrap.
b. Johns Manville; Microlite.
c. Knauf Insulation; Duct Wrap.
d. Owens Corning; All-Service Duct Wrap.
E. Mineral-Fiber Board Insulation: Mineral or glass fibers bonded with a thermosetting
resin. Comply with ASTM C 612, Type IA or Type IB. For duct and plenum
applications, provide insulation with factory- applied FSK jacket. For equipment
applications, provide insulation with factory-applied FSK jacket. Factory-applied jacket
requirements are specified in "Factory-Applied Jackets" Article.
1. Products: Subject to compliance with requirements, available products that may
be incorporated into the Work include, but are not limited to, the following:
a. CertainTeed Corp.; Commercial Board.
b. Johns Manville; 800 Series Spin-Glas.
c. Knauf Insulation; Insulation Board.
d. Owens Corning; Fiberglas 700 Series.
F. Mineral-Fiber, Preformed Pipe Insulation:
1. Products: Subject to compliance with requirements, available products that may
be incorporated into the Work include, but are not limited to, the following:
a. Johns Manville; Micro-Lok.
b. Knauf Insulation; 1000 Pipe Insulation.
c. Owens Corning; Fiberglas Pipe Insulation.
2. Type I, 850 deg F Materials: Mineral or glass fibers bonded with a thermosetting
resin. Comply with ASTM C 547, Type I, Grade A, with factory-applied ASJ.
Factory-applied jacket requirements are specified in "Factory-Applied Jackets"
Article.
G. Mineral-Fiber, Pipe and Tank Insulation: Mineral or glass fibers bonded with a
thermosetting resin. Semirigid board material with factory-applied ASJ complying with
ASTM C 1393, Type II or Type IIIA Category 2, or with properties similar to ASTM C
612, Type IB. Nominal density is 2.5 lb/cu. ft. or more. Thermal conductivity (k-value) at
100 deg Fs 0.29 Btu x in./h x sq. ft. x deg Fr less. Factory-applied jacket requirements are
specified in "Factory-Applied Jackets" Article.
1. Products: Subject to compliance with requirements, available products that may
be incorporated into the Work include, but are not limited to, the following:
a. CertainTeed Corp.; CrimpWrap.
b. Johns Manville; MicroFlex.
c. Knauf Insulation; Pipe and Tank Insulation.
d. Owens Corning; Fiberglas Pipe and Tank Insulation.
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2.2 FIRE-RATED INSULATION SYSTEMS
A. Fire-Rated Blanket: High-temperature, flexible, blanket insulation with FSK jacket that is
tested and certified to provide a 2-hour fire rating by a NRTL acceptable to authority
having jurisdiction.
1. Products: Subject to compliance with requirements, available products that may
be incorporated into the Work include, but are not limited to, the following:
a. CertainTeed Corp.; FlameChek.
b. Johns Manville; Firetemp Wrap.
c. Nelson Firestop Products; Nelson FSB Flameshield Blanket.
d. Thermal Ceramics; FireMaster Duct Wrap.
e. 3M; Fire Barrier Wrap Products.
2.3 INSULATING CEMENTS
A. Mineral-Fiber Insulating Cement: Comply with ASTM C 195.
B. Mineral-Fiber, Hydraulic-Setting Insulating and Finishing Cement: Comply with ASTM
C 449/C 449M.
2.4 ADHESIVES
A. Materials shall be compatible with insulation materials, jackets, and substrates and for
bonding
insulation to itself and to surfaces to be insulated, unless otherwise indicated.
B. Flexible Elastomeric Adhesive: Comply with MIL-A-24179A, Type II, Class I.
C. Mineral-Fiber Adhesive: Comply with MIL-A-3316C, Class 2, Grade A.
D. ASJ Adhesive, and FSK Jacket Adhesive: Comply with MIL-A-3316C, Class 2,
Grade A for bonding insulation jacket lap seams and joints.
2.5 LAGGING ADHESIVES
A. Description: Comply with MIL-A-3316C Class I, Grade A and shall be compatible
with insulation materials, jackets, and substrates.
1. Fire-resistant, water-based lagging adhesive and coating for use indoors to adhere
fire-resistant lagging cloths over duct, equipment, and pipe insulation.
2. Service Temperature Range: Minus 50 to plus 180 deg F
3. Color: White.
2.6 SEALANTS
A. Joint Sealants:
1. Materials shall be compatible with insulation materials, jackets, and substrates.
2. Permanently flexible, elastomeric sealant.
3. Service Temperature Range: Minus 100 to plus 300 deg FColor: White or gray.
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B. FSK and Metal Jacket Flashing Sealants:
1. Materials shall be compatible with insulation materials, jackets, and substrates.
2. Fire- and water-resistant, flexible, elastomeric sealant.
3. Service Temperature Range: Minus 40 to plus 250 deg FColor: Aluminum.
C. ASJ Flashing Sealants, and PVC Jacket Flashing Sealants:
1. Materials shall be compatible with insulation materials, jackets, and substrates.
2. Fire- and water-resistant, flexible, elastomeric sealant.
3. Service Temperature Range: Minus 40 to plus 250 deg FColor: White.
2.7 FACTORY-APPLIED JACKETS
A. Insulation system schedules indicate factory-applied jackets on various applications.
When factory- applied jackets are indicated, comply with the following:
B. ASJ: White, kraft-paper, fiberglass-reinforced scrim with aluminum-foil backing;
complying with ASTM C 1136, Type I.
2.8 FIELD-APPLIED JACKETS
A. PVC Jacket: High-impact-resistant, UV-resistant PVC complying with ASTM D
1784, Class 16354-C; thickness as scheduled; roll stock ready for shop or field cutting
and forming.
1. Products: Subject to compliance with requirements, available products that may
be incorporated into the Work include, but are not limited to, the following:
a. Johns Manville; Zeston.
b. Proto PVC Corporation; LoSmoke.
2. Adhesive: As recommended by jacket material manufacturer.
3. Color: White.
4. Factory-fabricated fitting covers to match jacket if available; otherwise, field
fabricate.
B. Aluminum Jacket: Aluminum roll jacketing of 3003 or 3105 alloy per ASTM B-209 with
stucco embossed raw finish.
1. Products: Subject to compliance with requirements, available products that may
be incorporated into the Work include, but are not limited to, the following:
a. PABCO – Childers Metals.
b. RPR Products, Inc.
2. Aluminum Bands.
3. Factory-fabricated fitting covers to match jacket if available; otherwise, field
fabricate.
2.9 TAPES
A. ASJ Tape: White vapor-retarder tape matching factory-applied jacket with acrylic
adhesive, complying with ASTM C 1136.
B. Aluminum-Foil Tape: Vapor-retarder tape with acrylic adhesive.
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2.10 SECUREMENTS
A. Bands:
1. Aluminum: ASTM B 209, Alloy 3003, 3005, 3105, or 5005; Temper H-14, 0.020
inch thick, 1/2 inch wide with wing or closed seal.
B. Insulation Pins and Hangers:
1. Capacitor-Discharge-Weld Pins: Copper- or zinc-coated steel pin, fully annealed
for capacitor- discharge welding, 0.106-inch-meter shank, length to suit depth of
insulation indicated.
2. Insulation-Retaining Washers: Self-locking washers formed from 0.016-inch-ck,
galvanized-steel sheet, with beveled edge sized as required to hold insulation
securely in place but not less than 1-1/2 inches in diameter.
3. Protect ends with capped self-locking washers incorporating a spring steel insert
to ensure permanent retention of cap in exposed locations.
C. Wire: 0.062-inch soft-annealed, galvanized steel.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine substrates and conditions for compliance with requirements for installation and
other conditions affecting performance of insulation application.
1. Verify that systems and equipment to be insulated have been tested and are free
of defects.
2. Verify that surfaces to be insulated are clean and dry.
3. Proceed with installation only after unsatisfactory conditions have been
corrected.
3.2 PREPARATION
A. Surface Preparation: Clean and dry surfaces to receive insulation. Remove materials that
will adversely affect insulation application.
3.3 GENERAL INSTALLATION REQUIREMENTS
A. Install insulation materials, accessories, and finishes with smooth, straight, and even
surfaces; free of voids throughout the length of equipment, ducts and fittings, and piping
including fittings, valves, and specialties.
B. Install insulation materials, forms, vapor barriers or retarders, jackets, and thicknesses
required for each item of equipment, duct system, and pipe system as specified in
insulation system schedules.
C. Install accessories compatible with insulation materials and suitable for the service.
Install accessories that do not corrode, soften, or otherwise attack insulation or jacket in
either wet or dry state.
D. Install insulation with longitudinal seams at top and bottom of horizontal runs.
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E. Install multiple layers of insulation with longitudinal and end seams staggered.
F. Do not weld brackets, clips, or other attachment devices to piping, fittings, and
specialties.
G. Keep insulation materials dry during application and finishing.
H. Install insulation with tight longitudinal seams and end joints. Bond seams and joints with
adhesive recommended by insulation material manufacturer.
I. Install insulation with least number of joints practical.
J. Where vapor barrier is indicated, seal joints, seams, and penetrations in insulation at
hangers, supports, anchors, and other projections with vapor-barrier mastic.
1. Install insulation continuously through hangers and around anchor attachments.
2. For insulation application where vapor barriers are indicated, extend insulation
on anchor legs from point of attachment to supported item to point of attachment
to structure. Taper and seal ends at attachment to structure with vapor-barrier
mastic.
3. Install insert materials and install insulation to tightly join the insert. Seal
insulation to insulation inserts with adhesive or sealing compound recommended
by insulation material manufacturer.
4. Cover inserts with jacket material matching adjacent pipe insulation. Install
shields over jacket, arranged to protect jacket from tear or puncture by hanger,
support, and shield.
K. Apply adhesives and sealants at manufacturer's recommended coverage rate and wet and
dry film thicknesses.
L. Install insulation with factory-applied jackets as follows:
1. Draw jacket tight and smooth.
2. Cover circumferential joints with 3-inch-e strips, of same material as insulation
jacket. Secure strips with adhesive and outward clinching staples along both
edges of strip, spaced 4 inches o.c.
3. Overlap jacket longitudinal seams at least 1-1/2 inches Install insulation with
longitudinal seams at bottom of pipe. Clean and dry surface to receive self-
sealing lap. Staple laps with outward clinching staples along edge at 2 inches o.c.
A. For below ambient services, apply vapor-barrier mastic over staples.
4. Cover joints and seams with tape as recommended by insulation material
manufacturer to maintain vapor seal.
5. Where vapor barriers are indicated, apply vapor-barrier mastic on seams and
joints and at ends adjacent to duct and pipe flanges and fittings.
M. Cut insulation in a manner to avoid compressing insulation more than 75 percent of its
nominal thickness.
N. Finish installation with systems at operating conditions. Repair joint separations and
cracking due to thermal movement.
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O. Repair damaged insulation facings by applying same facing material over damaged areas.
Extend patches at least 4 inches beyond damaged areas. Adhere, staple, and seal patches
similar to butt joints.
P. For above ambient services, do not install insulation to the following:
1. Vibration-control devices.
2. Testing agency labels and stamps.
3. Nameplates and data plates.
4. Manholes.
5. Handholes.
6. Cleanouts.
3.4 PENETRATIONS
A. Insulation Installation at Aboveground Exterior Wall Penetrations: Install
insulation continuously through wall penetrations.
1. Seal penetrations with flashing sealant.
2. For applications requiring only indoor insulation, terminate insulation inside wall
surface and seal with joint sealant. For applications requiring indoor and outdoor
insulation, install insulation for outdoor applications tightly joined to indoor
insulation ends. Seal joint with joint sealant.
3. Extend jacket of outdoor insulation outside wall flashing and overlap wall
flashing at least 2 inches.
4. Seal jacket to wall flashing with flashing sealant.
B. Insulation Installation at Interior Wall and Partition Penetrations (That Are Not Fire
Rated): Install insulation continuously through walls and partitions.
C. Insulation Installation at Fire-Rated Wall and Partition Penetrations: Install insulation
continuously through penetrations of fire-rated walls and partitions. Terminate insulation
at fire damper sleeves for fire-rated wall and partition penetrations. Externally insulate
damper sleeves to match adjacent insulation and overlap duct insulation at least 2 inches.
1. Comply with requirements in Division 07 Section "Penetration Firestopping" for
firestopping and fire-resistive joint sealers.
D. Insulation Installation at Floor Penetrations:
1. Duct: Install insulation continuously through floor penetrations that are not fire
rated. For penetrations through fire-rated assemblies, terminate insulation at fire
damper sleeves and externally insulate damper sleeve beyond floor to match
adjacent duct insulation. Overlap damper sleeve and duct insulation at least 2
inches.
2. Pipe: Install insulation continuously through floor penetrations.
3. Seal penetrations through fire-rated assemblies. Comply with requirements in
Division 07 Section "Penetration Firestopping."
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3.5 EQUIPMENT, TANK, AND VESSEL INSULATION INSTALLATION
A. Mineral Fiber, Pipe and Tank Insulation Installation for Tanks and Vessels: Secure
insulation with adhesive and anchor pins and speed washers.
1. Apply adhesives according to manufacturer's recommended coverage rates per
unit area, for 100 percent coverage of tank and vessel surfaces.
2. Groove and score insulation materials to fit as closely as possible to equipment,
including contours. Bevel insulation edges for cylindrical surfaces for tight joints.
Stagger end joints.
3. Protect exposed corners with secured corner angles.
4. Install adhesively attached or self-sticking insulation hangers and speed washers
on sides of tanks and vessels as follows:
a. Do not weld anchor pins to ASME-labeled pressure vessels.
b. Select insulation hangers and adhesive that are compatible with service
temperature and with substrate.
c. On tanks and vessels, maximum anchor-pin spacing is 3 inches from
insulation end joints, and 16 inches o.c. in both directions.
d. Do not overcompress insulation during installation.
e. Cut and miter insulation segments to fit curved sides and domed heads of
tanks and vessels.
f. Impale insulation over anchor pins and attach speed washers.
g. Cut excess portion of pins extending beyond speed washers or bend
parallel with insulation surface. Cover exposed pins and washers with
tape matching insulation facing.
5. Secure each layer of insulation with stainless-steel or aluminum bands. Select
band material compatible with insulation materials.
6. Where insulation hangers on equipment and vessels are not permitted or practical
and where insulation support rings are not provided, install a girdle network for
securing insulation. Stretch prestressed aircraft cable around the diameter of
vessel and make taut with clamps, turnbuckles, or breather springs. Place one
circumferential girdle around equipment approximately 6 inches from each end.
Install wire or cable between two circumferential girdles 12 inches o.c. Install a
wire ring around each end and around outer periphery of center openings, and
stretch prestressed aircraft cable radially from the wire ring to nearest
circumferential girdle. Install additional circumferential girdles along the body of
equipment or tank at a minimum spacing of 48 inches o.c. Use this network for
securing insulation with tie wire or bands.
7. Stagger joints between insulation layers at least 3 inches.
8. Install insulation in removable segments on equipment access doors, manholes,
handholes, and other elements that require frequent removal for service and
inspection.
9. Bevel and seal insulation ends around manholes, handholes, ASME stamps, and
nameplates.
10. For equipment with surface temperatures below ambient, apply mastic to open
ends, joints, seams, breaks, and punctures in insulation.
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3.6 GENERAL PIPE INSULATION INSTALLATION
A. Requirements in this article generally apply to all insulation materials except where more
specific requirements are specified in various pipe insulation material installation articles.
B. Insulation Installation on Fittings, Valves, Strainers, Flanges, and Unions:
1. Install insulation over fittings, valves, strainers, flanges, unions, and other
specialties with continuous thermal and vapor-retarder integrity, unless otherwise
indicated
2. Insulate pipe elbows using preformed fitting insulation or mitered fittings made
from same material and density as adjacent pipe insulation. Each piece shall be
butted tightly against adjoining piece and bonded with adhesive. Fill joints,
seams, voids, and irregular surfaces with insulating cement finished to a smooth,
hard, and uniform contour that is uniform with adjoining pipe insulation.
3. Insulate tee fittings with preformed fitting insulation or sectional pipe insulation
of same material and thickness as used for adjacent pipe. Cut sectional pipe
insulation to fit. Butt each section closely to the next and hold in place with tie
wire. Bond pieces with adhesive.
4. Insulate valves using preformed fitting insulation or sectional pipe insulation of
same material, density, and thickness as used for adjacent pipe. Overlap
adjoining pipe insulation by not less than two times the thickness of pipe
insulation, or one pipe diameter, whichever is thicker. For valves, insulate up to
and including the bonnets, valve stuffing-box studs, bolts, and nuts. Fill joints,
seams, and irregular surfaces with insulating cement.
5. Insulate strainers using preformed fitting insulation or sectional pipe insulation of
same material, density, and thickness as used for adjacent pipe. Overlap
adjoining pipe insulation by not less than two times the thickness of pipe
insulation, or one pipe diameter, whichever is thicker. Fill joints, seams, and
irregular surfaces with insulating cement. Insulate strainers so strainer basket
flange or plug can be easily removed and replaced without damaging the
insulation and jacket. Provide a removable reusable insulation cover. For below
ambient services, provide a design that maintains vapor barrier.
6. Insulate flanges and unions using a section of oversized preformed pipe
insulation. Overlap adjoining pipe insulation by not less than two times the
thickness of pipe insulation, or one pipe diameter, whichever is thicker.
7. Cover segmented insulated surfaces with a layer of finishing cement and coat
with a mastic. Install vapor-barrier mastic for below ambient services and a
breather mastic for above ambient services. Reinforce the mastic with fabric-
reinforcing mesh. Trowel the mastic to a smooth and well-shaped contour.
8. For services not specified to receive a field-applied jacket except for flexible
elastomeric, install fitted PVC cover over elbows, tees, strainers, valves, flanges,
and unions. Terminate ends with PVC end caps. Tape PVC covers to adjoining
insulation facing using PVC tape.
9. Stencil or label the outside insulation jacket of each union with the word
"UNION." Match size and color of pipe labels.
C. Insulate instrument connections for thermometers, pressure gages, pressure temperature
taps, test connections, flow meters, sensors, switches, and transmitters on insulated pipes,
vessels, and equipment. Shape insulation at these connections by tapering it to and
around the connection with insulating cement and finish with finishing cement, mastic,
and flashing sealant.
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D. Install removable insulation covers at locations indicated. Installation shall conform to
the following:
1. Make removable flange and union insulation from sectional pipe
insulation of same thickness as that on adjoining pipe. Install same insulation
jacket as adjoining pipe insulation.
2. When flange and union covers are made from sectional pipe insulation, extend
insulation from flanges or union long at least two times the insulation thickness
over adjacent pipe insulation on each side of flange or union. Secure flange cover
in place with stainless-steel or aluminum bands. Select band material
compatible with insulation and jacket.
3. Construct removable valve insulation covers in same manner as for flanges
except divide the two-part section on the vertical center line of valve body.
4. When covers are made from block insulation, make two halves, each consisting
of mitered blocks wired to stainless-steel fabric. Secure this wire frame, with its
attached insulation, to flanges with tie wire. Extend insulation at least 2 inches
over adjacent pipe insulation on each side of valve. Fill space between flange or
union cover and pipe insulation with insulating cement. Finish cover assembly
with insulating cement applied in two coats. After first coat is dry, apply and
trowel second coat to a smooth finish.
5. Unless a PVC jacket is indicated in field-applied jacket schedules, finish exposed
surfaces with a metal jacket.
3.7 FLEXIBLE ELASTOMERIC INSULATION INSTALLATION
A. Seal longitudinal seams and end joints with manufacturers recommended adhesive to
eliminate openings in insulation that allow passage of air to surface being insulated.
B. Insulation Installation on Pipe Flanges:
1. Install pipe insulation to outer diameter of pipe flange.
2. Make width of insulation section same as overall width of flange and bolts, plus
twice the thickness of pipe insulation.
3. Fill voids between inner circumference of flange insulation and outer
circumference of adjacent straight pipe segments with cut sections of sheet
insulation of same thickness as pipe insulation.
4. Secure insulation to flanges and seal seams with manufacturers recommended
adhesive to eliminate openings in insulation that allow passage of air to surface
being insulated.
C. Insulation Installation on Pipe Fittings and Elbows:
1. Install mitered sections of pipe insulation.
2. Secure insulation materials and seal seams with manufacturer's recommended
adhesive to eliminate openings in insulation that allow passage of air to surface
being insulated.
D. Insulation Installation on Valves and Pipe Specialties:
1. Install preformed valve covers manufactured of same material as pipe insulation
when available.
2. When preformed valve covers are not available, install cut sections of pipe and
sheet insulation to valve body. Arrange insulation to permit access to packing
and to allow valve operation without disturbing insulation.
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3. Install insulation to flanges as specified for flange insulation application.
4. Secure insulation to valves and specialties and seal seams with manufacturer's
recommended adhesive to eliminate openings in insulation that allow passage of
air to surface being insulated.
3.8 MINERAL-FIBER INSULATION INSTALLATION
A. Insulation Installation on Straight Pipes and Tubes:
1. Secure each layer of preformed pipe insulation to pipe with wire or bands and
tighten bands without deforming insulation materials.
2. Where vapor barriers are indicated, seal longitudinal seams, end joints, and
protrusions with vapor-barrier mastic and joint sealant.
3. For insulation with factory-applied jackets on above ambient surfaces, secure
laps with outward clinched staples at 6 inches o.c.
4. For insulation with factory-applied jackets on below ambient surfaces, do not
staple longitudinal tabs but secure tabs with additional adhesive as recommended
by insulation material manufacturer and seal with vapor-barrier mastic and
flashing sealant.
B. Insulation Installation on Pipe Flanges:
1. Install preformed pipe insulation to outer diameter of pipe flange.
2. Make width of insulation section same as overall width of flange and bolts, plus
twice the thickness of pipe insulation.
3. Fill voids between inner circumference of flange insulation and outer
circumference of adjacent straight pipe segments with mineral-fiber blanket
insulation.
4. Install jacket material with manufacturer's recommended adhesive, overlap seams
at least 1 inch and seal joints with flashing sealant.
C. Insulation Installation on Pipe Fittings and Elbows:
1. Install preformed sections of same material as straight segments of pipe
insulation when available.
2. When preformed insulation elbows and fittings are not available, install mitered
sections of pipe insulation, to a thickness equal to adjoining pipe insulation.
Secure insulation materials with wire or bands.
D. Insulation Installation on Valves and Pipe Specialties:
1. Install preformed sections of same material as straight segments of pipe
insulation when available.
2. When preformed sections are not available, install mitered sections of pipe
insulation to valve body.
3. Arrange insulation to permit access to packing and to allow valve operation
without disturbing insulation.
4. Install insulation to flanges as specified for flange insulation application.
E. Blanket Insulation Installation on Ducts and Plenums: Secure with adhesive and
insulation pins.
1. Apply adhesives according to manufacturer's recommended coverage rates per
unit area, for 100 percent coverage of duct and plenum surfaces.
2. Apply adhesive to entire circumference of ducts and to all surfaces of fittings and
transitions.
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3. Install either capacitor-discharge-weld pins and speed washers or cupped-head,
capacitor- discharge-weld pins on sides and bottom of horizontal ducts and sides
of vertical ducts as follows:
a. On duct sides with dimensions 18 inches and smaller, place pins along
longitudinal centerline of duct. Space 3 inches maximum from insulation
end joints, and 16 inches o.c.
b. On duct sides with dimensions larger than 18 inches place pins 16 inches
o.c. each way, and 3 inches maximum from insulation joints. Install
additional pins to hold insulation tightly against surface at cross bracing.
c. Pins may be omitted from top surface of horizontal, rectangular ducts
and plenums.
d. Do not overcompress insulation during installation.
e. Impale insulation over pins and attach speed washers.
f. Cut excess portion of pins extending beyond speed washers or bend
parallel with insulation surface. Cover exposed pins and washers with
tape matching insulation facing.
4. For ducts and plenums with surface temperatures below ambient, install a
continuous unbroken vapor barrier. Create a facing lap for longitudinal seams
and end joints with insulation by removing 2 inches from 1 edge and 1 end of
insulation segment. Secure laps to adjacent insulation section with 1/2-inch
outward-clinching staples, 1 inch o.c. Install vapor barrier consisting of factory-
or field-applied jacket, adhesive, vapor-barrier mastic, and sealant at joints,
seams, and protrusions.
a. Repair punctures, tears, and penetrations with tape or mastic to maintain
vapor-barrier seal.
b. Install vapor stops for ductwork and plenums operating below 50 deg Ft
18-foot intervals. Vapor stops shall consist of vapor-barrier mastic
applied in a Z-shaped pattern over insulation face, along butt end of
insulation, and over the surface. Cover insulation face and surface to be
insulated a width equal to 2 times the insulation thickness but not less
than 3 inches.
5. Overlap unfaced blankets a minimum of 2 inches on longitudinal seams and end
joints. At end joints, secure with steel bands spaced a maximum of 18 inches o.c.
6. Install insulation on rectangular duct elbows and transitions with a full insulation
section for each surface. Install insulation on round and flat-oval duct elbows
with individually mitered gores cut to fit the elbow.
7. Insulate duct stiffeners, hangers, and flanges that protrude beyond insulation
surface with 6- inch-e strips of same material used to insulate duct. Secure on
alternating sides of stiffener, hanger, and flange with pins spaced 6 inches o.c.
F. Board Insulation Installation on Ducts and Plenums: Secure with adhesive and insulation
pins.
1. Apply adhesives according to manufacturer's recommended coverage rates per
unit area, for 100 percent coverage of duct and plenum surfaces.
2. Apply adhesive to entire circumference of ducts and to all surfaces of fittings and
transitions.
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3. Install either capacitor-discharge-weld pins and speed washers or cupped-head,
capacitor- discharge-weld pins on sides and bottom of horizontal ducts and sides
of vertical ducts as follows:
a. On duct sides with dimensions 18 inches and smaller, place pins along
longitudinal centerline of duct. Space 3 inches maximum from insulation
end joints, and 16 inches o.c.
b. On duct sides with dimensions larger than 18 inches space pins 16 inches
o.c. each way, and 3 inches maximum from insulation joints. Install
additional pins to hold insulation tightly against surface at cross bracing.
c. Pins may be omitted from top surface of horizontal, rectangular ducts
and plenums.
d. Do not overcompress insulation during installation.
e. Cut excess portion of pins extending beyond speed washers or bend
parallel with insulation surface. Cover exposed pins and washers with
tape matching insulation facing.
4. For ducts and plenums with surface temperatures below ambient, install a
continuous unbroken vapor barrier. Create a facing lap for longitudinal seams
and end joints with insulation by removing 2 inches from 1 edge and 1 end of
insulation segment. Secure laps to adjacent insulation section with 1/2-inch
outward-clinching staples, 1 inch o.c. Install vapor barrier consisting of factory-
or field-applied jacket, adhesive, vapor-barrier mastic, and sealant at joints,
seams, and protrusions.
a. Repair punctures, tears, and penetrations with tape or mastic to maintain
vapor-barrier seal.
b. Install vapor stops for ductwork and plenums operating below 50 deg Ft
18-foot intervals. Vapor stops shall consist of vapor-barrier mastic
applied in a Z-shaped pattern over insulation face, along butt end of
insulation, and over the surface. Cover insulation face and surface to be
insulated a width equal to 2 times the insulation thickness but not less
than 3 inches.
5. Install insulation on rectangular duct elbows and transitions with a full insulation
section for each surface. Groove and score insulation to fit as closely as possible
to outside and inside radius of elbows. Install insulation on round and flat-oval
duct elbows with individually mitered gores cut to fit the elbow.
6. Insulate duct stiffeners, hangers, and flanges that protrude beyond insulation
surface with 6- inch-e strips of same material used to insulate duct. Secure on
alternating sides of stiffener, hanger, and flange with pins spaced 6 inches o.c.
3.9 FIELD-APPLIED JACKET INSTALLATION
A. Where jackets are indicated, install as follows:
1. Draw jacket material smooth and tight.
2. Install lap or joint strips with same material as jacket.
3. Secure jacket to insulation with manufacturer's recommended adhesive.
4. Install jacket with 1-1/2-inch laps at longitudinal seams and 3-inch-wide joint
strips at end joints.
5. Seal openings, punctures, and breaks in vapor-retarder jackets and exposed
insulation with vapor-barrier mastic.
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3.10 FIRE-RATED INSULATION SYSTEM INSTALLATION
A. Coordinate fire-rated insulation installation with other trades. Grease ducts must be
tested and accepted prior to concealing or applying insulation.
B. Install fire-rated insulation systems in strict accordance with manufacturers written
installation instructions to maintain integrity of system.
C. Where fire-rated insulation system is indicated, secure system to ducts and duct hangers
and supports to maintain a continuous fire rating.
D. Insulate duct access panels and doors to achieve same fire rating as duct.
E. Install firestopping at penetrations through fire-rated assemblies. Fire-stop systems are
specified in Division 07 Section "Penetration Firestopping."
3.11 FINISHES
A. Duct, Equipment, and Pipe Insulation with ASJ, Glass-Cloth, or Other Paintable Jacket
Material: Paint jacket with paint system as specified in Division 09 painting Sections.
B. Flexible Elastomeric Thermal Insulation: After adhesive has fully cured, apply two coats
of insulation manufacturer's recommended protective coating.
C. Color: Final color as selected by Owner. Vary first and second coats to allow visual
inspection of the completed Work.
D. Do not field paint aluminum or stainless-steel jackets.
3.12 DUCT INSULATION SCHEDULE, GENERAL
A. Plenums and Ducts Requiring Insulation:
1. Indoor, concealed supply ducts.
2. Outdoor-air ducts.
3. Outdoor-air and Exhaust air plenums.
4. General Exhaust and Return ducts between isolation damper and penetration of
building exterior.
5. Indoor, exposed supply ducts in Mechanical Room.
B. Items Not Insulated:
1. Factory-insulated flexible ducts.
2. Factory-insulated plenums and casings.
3. Flexible connectors.
4. Vibration-control devices.
5. Factory-insulated access panels and doors.
6. Indoor, concealed return ducts.
7. Indoor, concealed exhaust ducts.
8. Exposed supply and return ducts within conditioned spaces.
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3.13 INDOOR DUCT AND PLENUM INSULATION SCHEDULE
A. Concealed, supply-air duct insulation shall be the following:
1. Mineral-Fiber Blanket: 1-1/2 inches thick and 0.75-lb/cu. ft. nominal density.
B. Outdoor-air duct insulation shall be the following:
1 Mineral-Fiber Blanket: 2 inches thick and 0.75-lb/cu. ft. nominal density.
C. Outdoor-air and Exhaust-air plenum insulation shall be the following:
1. Mineral-Fiber Board: 2 inches thick and 2-lb/cu. ft. nominal density.
D. Exhaust-air and Return-air duct insulation within 10 ft of penetration of building exterior
shall be the following:
1. Mineral-Fiber Blanket: 1-1/2 inches thick and 0.75-lb/cu. ft. nominal density.
E. Exhaust-air duct between energy recovery unit discharge and building exterior shall be
the following:
1. Mineral-Fiber Blanket: 1-1/2 inches thick and 0.75-lb/cu. ft. nominal density.
F. Indoor, exposed supply ducts in Mechanical Rooms shall be insulated with the following:
1. Mineral-Fiber Blanket: 1-1/2 inches thick and 0.75-lb/cu. ft. nominal density.
G. Kitchen (Grease) Exhaust duct insulation shall be the following:
1. Fire-Rated Blanket: Multiple layers as required by manufacturer for grease duct
application to maintain zero clearance to combustibles.
3.14 EQUIPMENT INSULATION SCHEDULE
A. Insulation materials and thicknesses are identified below. If more than one material is
listed for a type of equipment, selection from materials listed is Contractor's option.
B. Hot Water Loop air-separator insulation shall be the following:
1. Mineral-Fiber Pipe and Tank: 1 inch thick.
3.15 PIPING INSULATION SCHEDULE, GENERAL
A. Acceptable preformed pipe and tubular insulation materials and thicknesses are identified
for each piping system and pipe size range. If more than one material is listed for a piping
system, selection from materials listed is Contractor's option.
B. Items Not Insulated: Unless otherwise indicated, do not install insulation on the
following:
1. Underground piping.
2. Chrome-plated pipes and fittings unless there is a potential for personnel injury.
3.16 INDOOR PIPING INSULATION SCHEDULE
A. Condensate and Equipment Drain Water below 60 Deg F
1. All Pipe Sizes: Insulation shall be one of the following:
a. Flexible Elastomeric: 3/4 inch thick.
b. Mineral-Fiber, Preformed Pipe Insulation, Type I: 1/2 inch thick.
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B. All Refrigerant Piping:
1. All Pipe Sizes: Insulation shall be the following:
a. Flexible Elastomeric: 1-1/2 inches thick.
C. Hot Water Piping below 200 Deg F:
1. All Pipe Sizes: Insulation shall be the following:
a. Mineral-Fiber, Preformed Pipe Insulation, Type I: 1 inch thick.
3.17 FIELD-APPLIED JACKET SCHEDULE
A. Install jacket over insulation material. For insulation with factory-applied jacket, install
the field-applied jacket over the factory-applied jacket.
B. Piping, Exposed:
1. PVC: 20 mils thick
a. All exposed insulated piping in occupied or unoccupied spaces.
-- End of Section --
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SECTION 23 23 00
REFRIGERANT PIPING
PART 1 – GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes refrigerant piping used for air-conditioning applications.
B. Related Sections:
1. Section 019113 "General Commissioning Requirements"
2. Section 230800 “Commissioning of HVAC”
1.3 PERFORMANCE REQUIREMENTS
A. Line Test Pressure for Refrigerant R-410A:
1. Suction Lines for Air-Conditioning Applications: 300 psig
2. Hot-Gas and Liquid Lines: 535 psig
1.4 SUBMITTALS
A. Product Data: For each type of valve and refrigerant piping specialty indicated. Include
pressure drop, based on manufacturer's test data, for the following:
1. Pipe, tube, and fittings.
2. Thermostatic expansion valves.
3. Solenoid valves.
4. Strainers.
5. Pressure-regulating valves.
B. Welding certificates.
C. Provide certificate of compliance that materials and equipment comply with the provision of
the Buy American Act. See 007300 "Special Conditions," Par. 14, for additional
requirements.
D. Field quality-control test reports.
E. Operation and Maintenance Data: For refrigerant valves and piping specialties to
include in maintenance manuals.
F. Coordination Drawings: Piping layout, drawn to scale, on which the following items are
shown and coordinated with each other, using input from installers of the items involved:
1. Suspended ceiling components.
2. Other building services.
3. Structural members.
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1.5 QUALITY ASSURANCE
A. Welding: Qualify procedures and personnel according to ASME Boiler and Pressure Vessel
Code: Section IX, "Welding and Brazing Qualifications."
B. Comply with ASHRAE 15, "Safety Code for Refrigeration Systems."
C. Comply with ASME B31.5, "Refrigeration Piping and Heat Transfer Components."
1.6 PRODUCT STORAGE AND HANDLING
A. Store piping in a clean and protected area with end caps in place to ensure that piping interior
and exterior are clean when installed.
1.7 COORDINATION
A. Coordinate size and location of equipment supports, and wall penetrations.
B. Coordinate with refrigerant piping specified and scheduled to be furnished with equipment.
PART 2 - PRODUCTS
2.1 COPPER TUBE AND FITTINGS
A. Copper Tube: ASTM B 280, Type ACR.
B. Wrought-Copper Fittings: ASME B16.22.
C. Wrought-Copper Unions: ASME B16.22.
D. Brazing Filler Metals: AWS A5.8.
E. Flexible Connectors:
1. Body: Tin-bronze bellows with woven, flexible, tinned-bronze-wire-reinforced
protective jacket.
2. End Connections: Socket ends.
3. Offset Performance: Capable of minimum 3/4-inch misalignment in minimum 7-
inch-wg assembly.
4. Pressure Rating: Factory test at minimum 500 psig.
5. Maximum Operating Temperature: 250 deg F
2.2 VALVES AND SPECIALTIES
A. Service Valves:
1. Body: Forged brass with brass cap including key end to remove core.
2. Core: Removable ball-type check valve with stainless-steel spring.
3. Seat: Polytetrafluoroethylene.
4. End Connections: Copper spring.
5. Working Pressure Rating: 500 psig
B. Safety Relief Valves: Comply with ASME Boiler and Pressure Vessel Code; listed and
labeled by an NRTL.
1. Body and Bonnet: Ductile iron and steel, with neoprene O-ring seal.
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2. Piston, Closing Spring, and Seat Insert: Stainless steel.
3. Seat Disc: Polytetrafluoroethylene.
4. End Connections: Threaded.
5. Working Pressure Rating: 400 psig
6. Maximum Operating Temperature: 240 deg F
C. Thermostatic Expansion Valves: Refer to Section 238126 for valves furnished with VRV
system equipment.
1. Comply with ARI 750.
2. Body, Bonnet, and Seal Cap: Forged brass or steel.
3. Diaphragm, Piston, Closing Spring, and Seat Insert: Stainless steel.
4. Packing and Gaskets: Non-asbestos.
5. Capillary and Bulb: Copper tubing filled with refrigerant charge.
6. Reverse-flow option (for heat-pump applications).
7. End Connections: Socket, flare, or threaded union.
8. Working Pressure Rating: 700 psig.
D. Solenoid Valves: Refer to Section 238126 for valves furnished with VRV system equipment.
1. Comply with ARI 760 and UL 429; listed and labeled by an NRTL.
2. Body and Bonnet: Plated steel.
3. Solenoid Tube, Plunger, Closing Spring, and Seat Orifice: Stainless steel.
4. Seat: Polytetrafluoroethylene.
5. End Connections: Threaded.
6. Electrical: Molded, watertight coil in NEMA 250 enclosure of type required by
location with 1/2- inch conduit adapter, and 24 -V ac coil.
7. Working Pressure Rating: 400 psig.
8. Maximum Operating Temperature: 240 deg F.
E. Angle-Type Strainers:
1. Body: Forged brass or cast bronze.
2. Drain Plug: Brass hex plug.
3. Screen: 100-mesh monel.
4. End Connections: Socket or flare.
5. Working Pressure Rating: 500 psig
6. Maximum Operating Temperature: 275 deg F
F. Moisture/Liquid Indicators: Refer to Section 238126 for accessories furnished with VRV
system equipment.
1. Body: Forged brass.
2. Window: Replaceable, clear, fused glass window with indicating element protected
by filter screen.
3. Indicator: Color coded to show moisture content in ppm.
4. Minimum Moisture Indicator Sensitivity: Indicate moisture above 60 ppm.
5. End Connections: Socket or flare.
6. Working Pressure Rating: 500 psig.
7. Maximum Operating Temperature: 240 deg F.
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G. Replaceable-Core Filter Dryers:
1. Comply with ARI 730.
2. Body and Cover: Painted-steel shell with ductile-iron cover, stainless-steel screws,
and neoprene gaskets.
3. Filter Media: 10 micron, pleated with integral end rings; stainless-steel support.
4. Desiccant Media: Activated charcoal.
5. End Connections: Socket.
6. Access Ports: NPS 1/4 connections at entering and leaving sides for pressure
differential measurement.
7. Maximum Pressure Loss: 2 psig.
8. Working Pressure Rating: 500 psig.
9. Maximum Operating Temperature: 240 deg F.
H. Isolation Valves: Including refrigerant access port.
1. Body: Forged brass or cast bronze.
2. Ball: Full port.
3. Stem: Rupture proof, encapsulated stem seal.
4. Continuous operating temperature: -40 deg F to 300 deg F.
5. Maximum pressure: 775 psig.
6. UL Listed
2.3 REFRIGERANTS
A. ASHRAE 34, R-410A: Pentafluoroethane/Difluoromethane.
PART 3 - EXECUTION
3.1 PIPING APPLICATIONS FOR REFRIGERANT R-410A
A. Hot-Gas and Liquid Lines: Copper, Type ACR, annealed-temper tubing and wrought-copper
fittings with brazed joints.
3.2 VALVE AND SPECIALTY APPLICATIONS
A. Install isolation valves at all inlets and outlets of branch selector boxes. Locate valves in
accessible locations adjacent to branch selector boxes.
B. Install a check valve at the compressor discharge and a liquid accumulator at the compressor
suction connection.
C. Install solenoid valves upstream from each expansion valve and hot-gas bypass valve. Install
solenoid valves in horizontal lines with coil at top.
D. Install thermostatic expansion valves as close as possible to distributors on evaporators.
1. Install valve so diaphragm case is warmer than bulb.
2. Secure bulb to clean, straight, horizontal section of suction line using two bulb
straps. Do not mount bulb in a trap or at bottom of the line.
3. If external equalizer lines are required, make connection where it will reflect suction-
line pressure at bulb location.
E. Install safety relief valves where required by ASME Boiler and Pressure Vessel Code. Pipe
safety-relief- valve discharge line to outside according to ASHRAE 15.
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F. Install moisture/liquid indicators in liquid line at the inlet of the thermostatic expansion valve
or at the inlet of the evaporator coil capillary tube.
G. Install strainers upstream from and adjacent to the following unless they are furnished as an
integral assembly for device being protected:
1. Solenoid valves.
2. Thermostatic expansion valves.
3. Compressor.
H. Install flexible connectors at compressors.
3.3 PIPING INSTALLATION
A. Drawing plans, schematics, and diagrams indicate general location and arrangement of
piping systems; indicated locations and arrangements were used to size pipe and calculate
friction loss, expansion, pump sizing, and other design considerations. Install piping as
indicated unless deviations to layout are approved on Shop Drawings.
B. Install refrigerant piping according to ASHRAE 15 and per equipment manufacturer’s
installation requirements.
C. Install piping in concealed locations unless otherwise indicated and except in equipment
rooms and service areas.
D. Install piping indicated to be exposed and piping in equipment rooms and service areas at
right angles or parallel to building walls. Diagonal runs are prohibited unless specifically
indicated otherwise.
E. Install piping above accessible ceilings to allow sufficient space for ceiling panel removal.
F. Install piping adjacent to machines to allow service and maintenance.
G. Install piping free of sags and bends.
H. Install fittings for changes in direction and branch connections.
I. Select system components with pressure rating equal to or greater than system operating
pressure.
J. Install piping as short and direct as possible, with a minimum number of joints, elbows, and
fittings.
K. Arrange piping to allow inspection and service of refrigeration equipment. Install valves and
specialties in accessible locations to allow for service and inspection. Install access doors or
panels as specified in Division 08 Section "Access Doors and Frames" if valves or equipment
requiring maintenance is concealed behind finished surfaces.
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L. Install refrigerant piping in rigid or flexible conduit in locations where exposed to
mechanical injury.
M. Slope refrigerant piping as follows:
1. Install horizontal hot-gas discharge piping with a uniform slope downward away
from compressor.
2. Install traps and double risers to entrain oil in vertical runs.
3. Liquid lines may be installed level.
N. When brazing or soldering, remove solenoid-valve coils and sight glasses; also remove valve
stems, seats, and packing, and accessible internal parts of refrigerant specialties. Do not
apply heat near expansion-valve bulb.
O. Install pipe sleeves at penetrations in exterior walls and floor assemblies.
P. Seal penetrations through fire and smoke barriers according to Division 07 Section
"Penetration Firestopping."
Q. Install piping with adequate clearance between pipe and adjacent walls and hangers or
between pipes for insulation installation.
R. Install sleeves through floors, walls, or ceilings, sized to permit installation of full-thickness
insulation.
S. Seal pipe penetrations through exterior walls according to Division 07 Section "Joint
Sealants" for materials and methods.
T. Identify refrigerant piping and valves according to Division 23 Section "Identification for
HVAC Piping and Equipment."
3.4 PIPE JOINT CONSTRUCTION
A. Ream ends of pipes and tubes and remove burrs. Bevel plain ends of steel pipe.
B. Remove scale, slag, dirt, and debris from inside and outside of pipe and fittings before
assembly.
C. Fill pipe and fittings with an inert gas (nitrogen or carbon dioxide), during brazing or
welding, to prevent scale formation.
D. Brazed Joints: Construct joints according to AWS's "Brazing Handbook," Chapter "Pipe and
Tube."
1. Use Type BcuP, copper-phosphorus alloy for joining copper socket fittings with
copper pipe.
2. Use Type BAg, cadmium-free silver alloy for joining copper with bronze or steel.
3.5 HANGERS AND SUPPORTS
A. Hanger, support, and anchor products are specified in Division 23 Section "Hangers and
Supports for HVAC Piping and Equipment."
B. Install the following pipe attachments:
1. Adjustable steel clevis hangers.
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2. Copper-clad hangers and supports for hangers and supports in direct contact with
copper pipe.
C. Install hangers for copper tubing with the following maximum spacing and minimum rod
sizes:
1. NPS 3/8: Maximum span 48 inches; minimum rod size, 1/4 inch.
2. NPS 1/2: Maximum span, 48 inches minimum rod size, 1/4 inch
3. NPS 5/8: Maximum span, 60 inches minimum rod size, 1/4 inch
4. NPS 1: Maximum span, 60 inches minimum rod size, 1/4 inch
5. NPS 1-1/4: Maximum span, 72 inches minimum rod size, 3/8 inch
6. NPS 1-1/2: Maximum span, 72 inches minimum rod size, 3/8 inch
7. NPS 2: Maximum span, 96 inches minimum rod size, 3/8 inch
3.6 FIELD QUALITY CONTROL
A. Contractor shall perform tests and inspections and prepare test reports.
B. Tests and Inspections:
1. Comply with ASME B31.5, Chapter VI and equipment manufacturer’s requirements
for testing.
2. Test refrigerant piping, specialties, and receivers. Isolate compressor, condenser,
evaporator, and safety devices from test pressure if they are not rated above the test
pressure.
3. Test high- and low-pressure side piping of each system separately at not less than the
pressures indicated in Part 1 "Performance Requirements" Article.
a. Fill system with nitrogen to the required test pressure.
b. System shall maintain test pressure at the manifold gage throughout duration
of test.
c. Test joints and fittings with electronic leak detector or by brushing a small
amount of soap and glycerin solution over joints.
d. Remake leaking joints using new materials, and retest until satisfactory
results are achieved.
3.7 SYSTEM CHARGING
A. Provide refrigerant to charge all systems per manufacturer’s requirements.
B. Charge system using the following procedures:
1. Install core in filter dryers after leak test but before evacuation.
2. Evacuate entire refrigerant system with a vacuum pump to 500 micrometers. If
vacuum holds for 12 hours, system is ready for charging.
3. Verify with manufacturer’s written instructions that the system is charged with the
correct volume of refrigerant.
4. Break vacuum with refrigerant gas, allowing pressure to build up to 2 psig
5. Charge system with a new filter-dryer core in charging line.
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3.8 ADJUSTING
A. Adjust thermostatic expansion valve to obtain proper evaporator superheat.
B. djust high- and low-pressure switch settings to avoid short cycling in response to fluctuating
suction pressure.
C. Adjust set-point temperature of air-conditioning or chilled-water controllers to the system
design temperature.
D. Perform the following adjustments before operating the refrigeration system, according to
manufacturer's written instructions:
1. Verify that compressor oil level is correct.
2. Open compressor suction and discharge valves.
3. Open refrigerant valves except bypass valves that are used for other purposes.
4. Check open compressor-motor alignment and verify lubrication for motors and
bearings.
E. Replace core of replaceable filter dryer after system has been adjusted and after design flow
rates and pressures are established.
3.9 COMMISSIONING
A. Commissioning Agent shall observe installation and testing as required to verify systems
have been installed and operate per the contract documents.
-- End of Section --
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SECTION 23 31 13
METAL DUCTS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section Includes:
1. Single-wall rectangular ducts and fittings.
2. Single-wall round ducts and fittings.
3. Sheet metal materials.
4. Sealants and gaskets.
5. Hangers and supports.
B. Related Sections include the following:
1. Division 1 Section 019113 "General Commissioning Requirements"
2. Division 23 Section 230800 “Commissioning of HVAC”
3. Division 23 Section "Testing, Adjusting, and Balancing for HVAC" for testing,
adjusting, and balancing requirements for metal ducts.
4. Division 23 Section "Duct Accessories" for dampers, sound-control devices, duct-
mounting access doors and panels, turning vanes, and flexible ducts.
1.3 PERFORMANCE REQUIREMENTS
A. Delegated Duct Design: Duct construction, including sheet metal thicknesses, seam and
joint construction, reinforcements, and hangers and supports, shall comply with SMACNA's
"HVAC Duct Construction Standards - Metal and Flexible" and performance requirements
and design criteria indicated.
1. Static-Pressure Classes:
a. Indoor Air Handlers:
1. Supply, and Return air ducts: 2-inch wg
b. Rooftop Air Handlers:
1. Supply, and Exhaust air ducts: 2-inch wg
c. Energy Recovery Units:
1. Supply, and Exhaust air ducts: 1-inch wg
d. Indoor Evaporator units:
1. Supply and Return: 1-inch wg
e. General Exhaust Ducts (negative pressure): 1-inch wg
f. General Exhaust Ducts (positive pressure): 2-inch wg.
g. Vehicle Exhaust Ducts (negative pressure): 4-inch wg.
2. Kitchen Exhaust Systems:
1. Liquid tight per IMC 2006 and NFPA 96.
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B. Structural Performance: Duct hangers and supports shall withstand the effects of gravity
loads and stresses within limits and under conditions described in SMACNA's "HVAC Duct
Construction Standards - Metal and Flexible"
1.4 SUBMITTALS
A. Product Data: For each type of the following products:
1. Duct materials.
2. Sealants and gaskets.
B. Shop Drawings:
1. Fabrication, assembly, and installation, including plans, elevations, sections,
components, and attachments to other work.
a. Factory- and shop-fabricated ducts and fittings.
b. Fittings.
c. Reinforcement and spacing.
d. Seam and joint construction.
e. Penetrations through fire-rated and other partitions.
f. Equipment installation based on equipment being used on Project.
g. Duct accessories, including dampers, turning vanes, and access doors and
panels.
h. Hangers and supports, including methods for duct and building attachment
and vibration isolation.
C. Field quality-control reports.
1. Kitchen exhaust system leak test reports.
D. Coordination Drawings: Plans, drawn to scale, on which the following items are shown and
coordinated with each other, using input from installers of the items involved:
1. Duct installation in congested spaces, indicating coordination with general
construction, building components, and other building services. Indicate proposed
changes to duct layout.
2. Suspended ceiling components.
3. Structural members to which duct will be attached.
4. Size and location of initial access modules for acoustical tile.
5. Penetrations of smoke barriers and fire-rated construction.
6. Items penetrating finished ceiling including the following:
a. Lighting fixtures.
b. Air outlets and inlets.
c. Speakers.
d. Sprinklers.
e. Access panels.
E. Provide certificate of compliance that materials and equipment comply with the provision
of the Buy American Act. See 007300 "Special Conditions," Par. 14, for additional
requirements.
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PART 2 - PRODUCTS
2.1 SINGLE-WALL RECTANGULAR DUCTS AND FITTINGS
A. General Fabrication Requirements: Comply with SMACNA's "HVAC Duct Construction
Standards - Metal and Flexible" based on indicated static-pressure class unless otherwise
indicated.
B. Transverse Joints: Select joint types and fabricate according to SMACNA's "HVAC Duct
Construction Standards - Metal and Flexible," Figure 1-4, "Transverse (Girth) Joints," for
static-pressure class, applicable sealing requirements, materials involved, duct-support
intervals, and other provisions in SMACNA's "HVAC Duct Construction Standards - Metal
and Flexible."
C. Longitudinal Seams: Select seam types and fabricate according to SMACNA's "HVAC
Duct Construction Standards - Metal and Flexible," Figure 1-5, "Longitudinal Seams -
Rectangular Ducts," for static-pressure class, applicable sealing requirements, materials
involved, duct-support intervals, and other provisions in SMACNA's "HVAC Duct
Construction Standards - Metal and Flexible."
D. Elbows, Transitions, Offsets, Branch Connections, and Other Duct Construction: Select
types and fabricate according to SMACNA's "HVAC Duct Construction Standards - Metal
and Flexible," Chapter 2, "Fittings and Other Construction," for static-pressure class,
applicable sealing requirements, materials involved, duct-support intervals, and other
provisions in SMACNA's "HVAC Duct Construction Standards - Metal and Flexible."
2.2 SINGLE-WALL ROUND DUCTS AND FITTINGS
A. General Fabrication Requirements: Comply with SMACNA's "HVAC Duct Construction
Standards - Metal and Flexible," Chapter 3, "Round, Oval, and Flexible Duct," based on
indicated static-pressure class unless otherwise indicated.
B. Transverse Joints: Select joint types and fabricate according to SMACNA's "HVAC Duct
Construction Standards - Metal and Flexible," Figure 3-2, "Transverse Joints - Round
Duct," for static-pressure class, applicable sealing requirements, materials involved, duct-
support intervals, and other provisions in SMACNA's "HVAC Duct Construction Standards
- Metal and Flexible."
C. Longitudinal Seams: Select seam types and fabricate according to SMACNA's "HVAC
Duct Construction Standards - Metal and Flexible," Figure 3-1, "Seams - Round Duct and
Fittings," for static-pressure class, applicable sealing requirements, materials involved, duct-
support intervals, and other provisions in SMACNA's "HVAC Duct Construction Standards
- Metal and Flexible."
D. Tees and Laterals: Select types and fabricate according to SMACNA's "HVAC Duct
Construction Standards - Metal and Flexible," Figure 3-4, "90 Degree Tees and Laterals,"
and Figure 3-5, "Conical Tees," for static-pressure class, applicable sealing requirements,
materials involved, duct-support intervals, and other provisions in SMACNA's "HVAC
Duct Construction Standards - Metal and Flexible."
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2.3 SHEET METAL MATERIALS
A. General Material Requirements: Comply with SMACNA's "HVAC Duct Construction
Standards - Metal and Flexible" for acceptable materials, material thicknesses, and duct
construction methods unless otherwise indicated. Sheet metal materials shall be free of
pitting, seam marks, roller marks, stains, discolorations, and other imperfections.
B. Galvanized Sheet Steel: Comply with ASTM A 653/A 653M.
1. Galvanized Coating Designation: G90.
2. Finishes for Surfaces Exposed to View for Field painting: Mill phosphatized.
C. Stainless-Steel Sheets: Comply with ASTM A 480/A 480M, Type 304; cold rolled,
annealed, sheet. Surface finish shall be No. 4.
D. Reinforcement Shapes and Plates: ASTM A 36/A 36M, steel plates, shapes, and bars; black
and galvanized.
1. Where black- and galvanized-steel shapes and plates are used to reinforce
aluminum ducts, isolate the different metals with butyl rubber, neoprene, or EPDM
gasket materials.
E. Tie Rods: Galvanized steel, 1/4-inch minimum diameter for lengths 36 inches or less; 3/8-
inch minimum diameter for lengths longer than 36 inches.
2.4 SEALANT AND GASKETS
A. General Sealant and Gasket Requirements: Surface-burning characteristics for sealants and
gaskets shall be a maximum flame-spread index of 25 and a maximum smoke-developed
index of 50 when tested according to UL 723; certified by an NRTL.
B. Water-Based Joint and Seam Sealant:
1. Application Method: Brush on.
2. Solids Content: Minimum 65 percent.
3. Shore A Hardness: Minimum 20.
4. Water resistant.
5. Mold and mildew resistant.
6. VOC: Maximum 75 g/L (less water).
7. Maximum Static-Pressure Class: 10-inch wg, positive and negative.
8. Service: Indoor or outdoor.
9. Substrate: Compatible with galvanized sheet steel, stainless steel, or aluminum
sheets.
C. Flange Gaskets: Butyl rubber, neoprene, or EPDM polymer with polyisobutylene
plasticizer.
2.5 HANGERS AND SUPPORTS
A. Hanger Rods for Noncorrosive Environments: Cadmium-plated steel rods and nuts.
B. Strap and Rod Sizes: Comply with SMACNA's "HVAC Duct Construction Standards -
Metal and Flexible," Table 4-1, "Rectangular Duct Hangers Minimum Size," and Table 4-2,
"Minimum Hanger Sizes for Round Duct."
C. Steel Cables for Galvanized-Steel Ducts: Galvanized steel complying with ASTM A 603.
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D. Steel Cables for Stainless-Steel Ducts: Stainless steel complying with ASTM A 492.
E. Steel Cable End Connections: Cadmium-plated steel assemblies with brackets, swivel,
and bolts designed for duct hanger service; with an automatic-locking and clamping device.
F. Duct Attachments: Sheet metal screws, blind rivets, or self-tapping metal screws;
compatible with duct materials.
G. Trapeze and Riser Supports:
1. Supports for Galvanized-Steel Ducts: Galvanized-steel shapes and plates.
2. Supports for Stainless-Steel Ducts: Stainless-steel shapes and plates.
PART 3 - EXECUTION
3.1 DUCT INSTALLATION
A. Drawing plans, schematics, and diagrams indicate general location and arrangement of duct
system. Indicated duct locations, configurations, and arrangements were used to size ducts
and calculate friction loss for air-handling equipment sizing and for other design
considerations. Install duct systems as indicated unless deviations to layout are approved on
Shop Drawings and Coordination Drawings.
B. Install ducts according to SMACNA's "HVAC Duct Construction Standards - Metal and
Flexible" unless otherwise indicated.
C. Install kitchen exhaust ducts according to NFPA 96.
D. Install round ducts in maximum practical lengths.
E. Install ducts with fewest possible joints.
F. Install factory- or shop-fabricated fittings for changes in direction, size, and shape and for
branch connections.
G. Unless otherwise indicated, install ducts vertically and horizontally, and parallel and
perpendicular to building lines.
H. Install ducts close to walls, overhead construction, columns, and other structural and
permanent enclosure elements of building.
I. Install ducts with a clearance of 1 inch, plus allowance for insulation thickness.
J. Route ducts to avoid passing through transformer vaults and electrical equipment rooms and
enclosures.
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K. Where ducts pass through non-fire-rated interior partitions and exterior walls and are
exposed to view, cover the opening between the partition and duct or duct insulation with
sheet metal flanges of same metal thickness as the duct. Overlap openings on four sides by
at least 1-1/2 inches.
L. Where ducts pass through fire-rated interior partitions and exterior walls, install fire
dampers. Comply with requirements in Division 23 Section "Air Duct Accessories" for fire
and smoke dampers.
M. Protect duct interiors from moisture, construction debris and dust, and other foreign
materials. Comply with SMACNA's "Duct Cleanliness for New Construction Guidelines."
3.2 SEAM AND JOINT SEALING
A. Seal duct seams and joints for duct static-pressure and leakage classes specified in
"Performance Requirements" Article, according to SMACNA's "HVAC Duct Construction
Standards - Metal and Flexible," Table 1-2, "Standard Duct Sealing Requirements," unless
otherwise indicated.
1. For static-pressure classes 1 inch wg, comply with SMACNA's "HVAC Duct
Construction Standards - Metal and Flexible," Seal Class C.
2. For static-pressure classes 2 inch wg, and above comply with SMACNA's "HVAC
Duct Construction Standards - Metal and Flexible," Seal Class A, all traverse joints,
all longitudinal seams, and all duct wall penetrations.
3. For positive pressure exhaust ducts, comply with SMACNA's "HVAC Duct
Construction Standards
4. Metal and Flexible," Seal Class A, all traverse joints, all longitudinal seams, and all
duct wall penetrations.
5. Install sealant materials in strict accordance with manufacturer’s surface
preparation and installation instructions.
6. Exposed un-insulated ducts: Apply sealant NEATLY. Caulking and finish painting
of exposed ductwork is specified in Division 7 and Division 9.
3.3 HANGER AND SUPPORT INSTALLATION
A. Comply with SMACNA's "HVAC Duct Construction Standards - Metal and Flexible,"
Chapter 4, "Hangers and Supports."
B. Building Attachments: Concrete inserts, powder-actuated fasteners, or structural-steel
fasteners appropriate for construction materials to which hangers are being attached.
1. Where practical, install concrete inserts before placing concrete.
2. Install powder-actuated concrete fasteners after concrete is placed and completely
cured.
3. Use powder-actuated concrete fasteners for standard-weight aggregate concretes or
for slabs more than 4 inches thick.
4. Do not use powder-actuated concrete fasteners for lightweight-aggregate concretes
or for slabs less than 4 inches thick.
C. Hanger Spacing: Comply with SMACNA's "HVAC Duct Construction Standards - Metal
and Flexible," Table 4-1, "Rectangular Duct Hangers Minimum Size," and Table 4-2,
"Minimum Hanger Sizes for Round Duct," for maximum hanger spacing; install hangers
and supports within 24 inches of each elbow and within 48 inches of each branch
intersection.
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D. Hangers Exposed to View: Threaded rod and angle or channel supports.
E. Cable systems shall only be utilized for lateral bracing of ductwork.
F. Support vertical ducts with steel angles or channel secured to the sides of the duct with
welds, bolts, sheet metal screws, or blind rivets; support at each floor and at a maximum
intervals of 16 feet.
G. Install upper attachments to structures. Select and size upper attachments with pull-out,
tension, and shear capacities appropriate for supported loads and building materials where
used.
3.4 CONNECTIONS
A. Make connections to equipment with flexible connectors complying with Division 23
Section "Air Duct Accessories."
B. Comply with SMACNA's "HVAC Duct Construction Standards - Metal and Flexible" for
branch, outlet and inlet, and terminal unit connections.
3.5 PAINTING
A. Paint interior of metal ducts that are visible through registers and grilles and that do not
have duct liner. Apply one coat of flat, black, latex paint over a compatible galvanized-steel
primer. Paint materials and application requirements are specified in Division 09 painting
Sections.
3.6 DUCT SCHEDULE
A. Fabricate ducts with galvanized sheet steel except as follows:
1. Kitchen grease hood exhaust ducts; 16 gauge welded carbon steel with continuous
liquid-tight welded joints. Provide gasketed steel welded and/or bolted access
panels at each change in direction.
2. Kitchen heat/condensate or condensate hood exhaust ducts; 16 gauge welded 304
stainless steel with continuous liquid-tight welded joints.
3. Exterior, un-insulated ductwork shall be constructed of stainless steel.
B. Intermediate Reinforcement:
1. Galvanized-Steel Ducts: Galvanized steel.
2. Stainless-Steel Ducts: Stainless steel.
C. Elbow Configuration:
1. Rectangular Duct: Comply with SMACNA's "HVAC Duct Construction Standards
- Metal and Flexible," Figure 2-2, "Rectangular Elbows."
a. Radius Type RE 1 with minimum 1.5 radius-to-diameter ratio.
b. Mitered Type RE 2 with vanes complying with SMACNA's "HVAC Duct
Construction Standards - Metal and Flexible," Figure 2-3, "Vanes and Vane
Runners," and Figure 2-4, "Vane Support in Elbows."
2. Round Duct: Comply with SMACNA's "HVAC Duct Construction Standards -
Metal and Flexible," Figure 3-3, "Round Duct Elbows."
a. Minimum Radius-to-Diameter Ratio and Elbow Segments: Comply with
SMACNA's "HVAC Duct Construction Standards - Metal and Flexible,"
Table 3-1, "Mitered Elbows." Elbows with less than 90-degree change of
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direction have proportionately fewer segments.
1. 1.5 radius-to-diameter ratio and five segments for 90-degree elbow.
D. Branch Configuration:
1. Rectangular Duct: Comply with SMACNA's "HVAC Duct Construction Standards
- Metal and Flexible," Figure 2-6, "Branch Connections."
a. Rectangular Main to Rectangular Branch: 45-degree entry.
b. Rectangular Main to Round Branch: Conical, bellmouth.
2. Round: Comply with SMACNA's "HVAC Duct Construction Standards - Metal
and Flexible," Figure 3-4, "90 Degree Tees and Laterals."
a. 45-degree lateral.
3.7 START UP
A. Air Balance: Comply with requirements in Division 23 Section "Testing, Adjusting, and
Balancing for HVAC."
3.8 FIELD QUALITY CONTROL
A. Perform tests and inspections prior to concealing or placing into service.
B. Leakage Tests:
1. Comply with SMACNA's "HVAC Air Duct Leakage Test Manual.", NFPA 96, and
IMC 2006. Submit a test report for each test.
2. Test the following systems:
a. Kitchen grease exhaust duct systems.
b. Kitchen condensate exhaust duct systems.
c. Vehicle exhaust duct systems.
3. For shop- or field- welded grease and condensate duct, first pass a light through the
completed ductwork to identify any voids in welds. Repair problem areas prior to
performing the SMACNA leakage test.
4. All ductwork shall be tested per the SMACNA leakage test at twice the indicated
pressure, except the vehicle exhaust system ductwork, which shall be tested at
design pressure.
5. Report shall indicate duct size, service, test pressure, cfm required to maintain
pressure and light test pass/fail. Also indicate any repairs or adjustments required.
3.9 COMMISSIONING
A. Commissioning Agent shall observe installation and testing as required to verify systems
have been installed and operate per the contract documents.
-- End of Section --
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SECTION 23 33 00
DUCT ACCESSORIES
PART 1 – GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes the following:
1. Backdraft dampers.
2. Volume dampers.
3. Motorized control dampers.
4. Fire dampers.
5. Turning vanes.
6. Duct-mounting access doors.
7. Flexible connectors.
8. Flexible ducts.
9. Duct accessory hardware.
10. Duct security bars.
11. Vehicle exhaust components.
B. Related Sections include the following:
1. Division 23 Section "Niagara AX Platform Requirements for HVAC" for electric
damper actuators.
1.3 SUBMITTALS
A. Product Data: For the following:
1. Volume dampers.
2. Motorized control dampers.
3. Fire dampers.
4. Duct-mounting access doors.
B. Coordination Drawings: Reflected ceiling plans, drawn to scale, on which ceiling-mounted
access panels and access doors required for access to duct accessories are shown and
coordinated with each other, using input from Installers of the items involved.
C. Provide certificate of compliance that materials and equipment comply with the provision of
the Buy American Act. See 007300 "Special Conditions," Par. 14, for additional
requirements.
1.4 QUALITY ASSURANCE
A. Comply with NFPA 90A, "Installation of Air Conditioning and Ventilating Systems," and
NFPA 90B, "Installation of Warm Air Heating and Air Conditioning Systems."
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PART 2 - PRODUCTS
2.1 MANUFACTURERS
A. In other Part 2 articles where titles below introduce lists, the following requirements apply to
product selection:
B. Manufacturers: Subject to compliance with requirements, available manufacturers offering
products that may be incorporated into the Work include, but are not limited to,
manufacturers specified.
2.2 SHEET METAL MATERIALS
A. Comply with SMACNA's "HVAC Duct Construction Standards--Metal and Flexible" for
acceptable materials, material thicknesses, and duct construction methods, unless otherwise
indicated.
B. Tie Rods: Galvanized steel, 1/4-inch minimum diameter for lengths 36 inches or less; 3/8-
inch minimum diameter for lengths longer than 36 inches.
C. Duct accessory material shall match that of the ductwork it is connected into. Galvanized
accessories in galvanized duct; stainless steel accessories in stainless duct.
2.3 BACKDRAFT DAMPERS
A. Manufacturers:
1. Air Balance Inc.; a division of Mestek, Inc.
2. American Warming and Ventilating; a division of Mestek, Inc.
3. Cesco Products; a division of Mestek, Inc.
4. Nailor Industries Inc.
5. Ruskin Company.
B. Description: Gravity balanced.
C. Maximum Air Velocity: 2000 fpm
D. Maximum System Pressure: 2-inch wg
E. Frame: 0.052-inch-ck, galvanized sheet steel, with welded corners and mounting flange.
F. Blades: Multiple single-piece blades, maximum 6-inch width, 0.025-inch-ck, roll-formed
aluminum with sealed edges.
G. Blade Action: Parallel.
H Blade Seals: Extruded vinyl, mechanically locked.
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I. Blade Axles:
1. Material: Galvanized steel.
2. Diameter: 0.20 inch
3. Tie Bars and Brackets: Galvanized steel.
J. Return Spring: Adjustable tension.
K. Bearings: Synthetic pivot bushings.
L. Accessories:
1. Adjustment device to permit setting for varying differential static pressure.
M. Sleeve: Minimum 20-gage thickness.
2.4 VOLUME DAMPERS
A. Manufacturers:
1. Air Balance, Inc.
2. American Warming and Ventilating.
3. METALAIRE, Inc.
4. Nailor Industries Inc.
5. Penn Ventilation Company, Inc.
6. Ruskin Company.
7. Vent Products Company, Inc.
B. General Description: Factory fabricated, with required hardware and accessories. Stiffen
damper blades for stability. Include locking device to hold single-blade dampers in a fixed
position without vibration. Close duct penetrations for damper components to seal duct
consistent with pressure class.
1. Pressure Classes of 3-Inch wg or Higher: End bearings or other seals for ducts with
axles full length of damper blades and bearings at both ends of operating shaft.
C. Standard Volume Dampers: Multiple- or single-blade, parallel- or opposed-blade design as
indicated, standard leakage rating, with linkage outside airstream, and suitable for horizontal
or vertical applications.
1. Steel Frames: Hat-shaped, galvanized sheet steel channels, minimum of 0.064 inch
thick, with mitered and welded corners; frames with flanges where indicated for
attaching to walls and flangeless frames where indicated for installing in ducts.
2. Roll-Formed Steel Blades: 0.064-inch-ck, galvanized sheet steel.
3. Blade Axles: Galvanized steel.
4. Bearings: Oil-impregnated bronze.
5. Tie Bars and Brackets: Galvanized steel.
D. Jackshaft: 1-inch-meter, galvanized-steel pipe rotating within pipe-bearing assembly
mounted on supports at each mullion and at each end of multiple-damper assemblies.
1. Length and Number of Mountings: Appropriate to connect linkage of each damper in
multiple- damper assembly.
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E. Damper Hardware: Zinc-plated, die-cast core with dial and handle made of 3/32-inch-ck
zinc-plated steel, and a 3/4-inch hexagon locking nut. Include center hole to suit damper
operating-rod size. Include elevated platform for insulated duct mounting.
2.5 MOTORIZED CONTROL DAMPERS
A. Manufacturers:
1. Air Balance, Inc.
2. American Warming and Ventilating.
3. CESCO Products.
4. Duro Dyne Corp.
5. Greenheck.
6. METALAIRE, Inc.
7. Nailor Industries Inc.
8. Penn Ventilation Company, Inc.
9. Ruskin Company.
10. Vent Products Company, Inc.
B. General Description: AMCA-rated, opposed-blade design; minimum of 0.1084-inch-ck,
galvanized-steel frames with holes for duct mounting; minimum of 0.0635-inch-ck,
galvanized-steel damper blades with maximum blade width of 8 inches
1. Secure blades to 1/2-inch-meter, zinc-plated axles using zinc-plated hardware, with
nylon blade bearings, blade-linkage hardware of zinc-plated steel and brass, ends
sealed against spring- stainless-steel blade bearings, and thrust bearings at each end
of every blade.
2. Operating Temperature Range: From minus 40 to plus 200 deg F
3. Provide closed-cell neoprene edging.
2.6 FIRE DAMPERS
A. Manufacturers:
1. Air Balance, Inc.
2. CESCO Products.
3. Greenheck.
4. METALAIRE, Inc.
5. Nailor Industries Inc.
6. Penn Ventilation Company, Inc.
7. Ruskin Company.
8. Vent Products Company, Inc.
B. Fire dampers shall be labeled according to UL 555.
C. Fire Rating: 1-1/2 hours.
D. Frame: Curtain type with blades outside the airstream; fabricated with roll-formed, 0.034-
inch-ck galvanized steel; with mitered and interlocking corners.
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E. Mounting Sleeve: Factory- or field-installed, galvanized sheet steel.
1. Minimum Thickness: 0.052 or 0.138 inch thick as indicated and of length to suit
application.
2. Exceptions: Omit sleeve where damper frame width permits direct attachment of
perimeter mounting angles on each side of wall or floor, and thickness of damper
frame complies with sleeve requirements.
F. Mounting Orientation: Vertical or horizontal as indicated.
G. Blades: Roll-formed, interlocking, 0.034-inch-ck, galvanized sheet steel. In place of
interlocking blades, use full-length, 0.034-inch-ck, galvanized-steel blade connectors.
H. Horizontal Dampers: Include blade lock and stainless-steel closure spring.
I. Fusible Links: Replaceable, 165 deg Fated.
2.7 TURNING VANES
A. Fabricate to comply with SMACNA's "HVAC Duct Construction Standards--Metal and
Flexible" for vanes and vane runners. Vane runners shall automatically align vanes.
B. Manufactured Turning Vanes: Fabricate 1-1/2-inch-wide, single-vane, curved blades of
galvanized sheet steel set 2 inches o.c.; support with bars perpendicular to blades and set into
vane runners suitable for duct mounting. For duct widths 36” and larger utilize 4-inch wide,
single-vane, curved blades set at 4 inches on center.
1. Manufacturers:
a. Ductmate Industries, Inc.
b. Duro Dyne Corp.
c. METALAIRE, Inc.
2.8 DUCT-MOUNTING ACCESS DOORS
A. General Description: Fabricate doors airtight and suitable for duct pressure class.
B. Door: Double wall, duct mounting, and rectangular; fabricated of galvanized sheet metal
with insulation fill and thickness as indicated for duct pressure class. Include vision panel
where indicated. Include 1- by-1-inch butt or piano hinge and cam latches.
1. Manufacturers:
a. American Warming and Ventilating.
b. CESCO Products.
c. Ductmate Industries, Inc.
d. Greenheck.
e. Nailor Industries Inc.
f. Ventfabrics, Inc.
2. Frame: Galvanized sheet steel, with bend-over tabs and foam gaskets.
3. Provide number of hinges and locks as follows:
a. Less Than 12 Inches square: Secure with two sash locks.
b. Up to 18 Inches square: Two hinges and two sash locks.
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c. Up to 24 by 48 Inches Three hinges and two compression latches with
outside and inside handles.
d. Sizes 24 by 48 Inches and Larger: One additional hinge.
C. Seal around frame attachment to duct and door to frame with neoprene or foam rubber.
D. Insulation: 1-inch-ck, fibrous-glass or polystyrene-foam board.
2.9 FLEXIBLE CONNECTORS
A. Manufacturers:
1. Ductmate Industries, Inc.
2. Duro Dyne Corp.
3. Ventfabrics, Inc.
B. General Description: Flame-retardant or noncombustible fabrics, coatings, and adhesives
complying with UL 181, Class 1.
C. Metal-Edged Connectors: Factory fabricated with a fabric strip 3-1/2 inches wide attached to
two strips of 2-3/4-inch-e, 0.028-inch-ck, galvanized sheet steel or 0.032-inch-ck aluminum
sheets. Select metal compatible with ducts.
D. Indoor System, Flexible Connector Fabric: Glass fabric double coated with neoprene.
1. Minimum Weight: 26 oz./sq. yd.
2. Tensile Strength: 480 lbf/inch in the warp and 360 lbf/inch in the filling.
3. Service Temperature: Minus 40 to plus 200 deg F
2.10 FLEXIBLE DUCTS
A. Manufacturers:
1. Flexmaster U.S.A., Inc.
2. Hart & Cooley, Inc.
3. McGill AirFlow Corporation.
B. Insulated-Duct Connectors: UL 181, Class 1, black polymer film supported by helically
wound, spring- steel wire; fibrous-glass insulation; polyethylene vapor barrier film.
1. Pressure Rating: 4-inch wg positive and 0.5-inch wg negative.
2. Maximum Air Velocity: 4000 fpm
3. Temperature Range: Minus 20 to plus 175 deg F
4. Insulation: Minimum insulating R-value of 4.2.
C. Flexible Duct Clamps: Nylon strap, in sizes 3 through 18 inches to suit duct size.
2.11 DUCT SECURITY BARS
A. Manufacturers:
1. Kees, Inc.
2. Price Industries
3. Ruskin, Inc.
B. Description: Factory-fabricated and field-installed duct security bars.
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C. Configuration:
1. Frame: 2 by 1/4 inch flat frame.
2. Sleeve: 0.1345-inch, continuously welded steel frames with 1-by-1-by-3/16-inch
angle frame. To be integrated into concrete pour or welded or bolted to wall. Duct
connections on both sides.
3. Horizontal Bars: 3/8 inch
4. Vertical Bars: 3/8 inch minimum welded to the horizontal bars
5. Bar Spacing: 4 inches
6. Mounting: Bolted or welded with masonry anchors with fasteners inaccessible from
the exterior of the vault or embedded in the structure of the vault.
2.12 VEHICLE EXHAUST EQUIPMENT
A. Basis-of-Design Product: Subject to compliance with requirements, provide Car-Mon or
comparable product by one of the following or approved equal:
1. Airflow Systems, Inc.
2. Monoxivent
3. Nederman
4. Plymovent
B. Wall-Mounted, Exhaust Arm: Factory-fabricated, articulating arm constructed of thick-
walled steel tube sections with factory applied epoxy powder coat finish. Unit shall have
pivots at wall bracket and at approximately 2/3 point of arm. Rigid exhaust duct shall be
affixed to arm with flexible hose at wall bracket and arm pivot.
C. Exhaust Hose: Double-ply hose with inner layer of woven fiberglass coated silicone rubber
and outer layer of woven Nomex coated silicone rubber. A helical wound spring steel wire
located between layers maintains hose shape and strength.
1. Hose must meet military spec MIL PFR 62028 – 72 hour test at 1000 deg F.
2. Rated for intermittent use at 1250 deg F.
3. Typical continuous operating temperature of 80-600 deg F.
D. Nozzles: Fabricated from 20 gauge stainless steel and 600 degree EPDM rubber. Allows
connection of exhaust system to vehicle tailpipe with vise-grip clamp. Nozzles shall be
provided with handles and locking manual air volume dampers.
E. Y-kit: Allows connection of vehicles with dual exhaust to vehicle exhaust system.
F. Equipment list (Based on Car-Mon):
1. (4) model AT 20’ long articulating arms with 20’ of 8” HTC-series hose, LFT
retractable balancer, hose sling, and CTA-8 nozzle as shown on the drawings.
2. (2) 20’ lengths of 8” HTC-series hose, provided loose.
3. (2) RCT-8 nozzles, provided loose.
4. (1) 6” Y-kit, w/ 6” HTC-series hose, (2) RCT-6 nozzles, provided loose.
5. Sufficient hose clamps to utilize additional components, provided loose.
PART 3 - EXECUTION
3.1 APPLICATION AND INSTALLATION
A. Install duct accessories according to applicable details in SMACNA's "HVAC Duct
Construction Standards-Metal and Flexible" for metal ducts and in NAIMA AH116, "Fibrous
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Glass Duct Construction Standards," for fibrous-glass ducts.
B. Provide balancing dampers at points on supply, return, and exhaust systems where branches
lead from larger ducts as required for air balancing. Install at a minimum of two duct widths
from branch takeoff.
C. Set dampers to fully open position before testing, adjusting, and balancing.
D. Install fire dampers, with fusible links, according to manufacturer's UL-approved written
instructions.
E. Install duct security bars. Connect duct security bars to ducts with flexible connections.
Provide hinged access panel with cam lock in duct in each side of sleeve.
F. Install duct access doors to allow for inspecting, adjusting, and maintaining accessories and
terminal units as follows:
1. On both sides of duct coils.
2. Downstream from volume dampers and equipment.
3. Adjacent to fire dampers, providing access to reset or reinstall fusible links.
4. To interior of ducts for cleaning; before and after each change in direction, at
maximum 50-foot spacing.
5. On sides of ducts where adequate clearance is available.
G. Install the following sizes for duct-mounting, rectangular access doors:
1. One-Hand or Inspection Access: 8 by 8 inches
2. Two-Hand Access: 12 by 12 inches
H. Install flexible connectors immediately adjacent to equipment in ducts associated with fans
and motorized equipment supported by vibration isolators.
I. For fans developing static pressures of 5-inch wg and higher, cover flexible connectors with
loaded vinyl sheet held in place with metal straps.
J. Flexible ducts shall be installed over a minimum 3” long rigid duct collar. A minimum of 3
wires shall be pulled onto the duct collar. Connect flexible ducts to metal ducts with adhesive
and draw bands.
K. Do not exceed a minimum bend radius equal to the flexible duct diameter measured to the
centerline of the duct.
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3.2 ADJUSTING
A. Adjust duct accessories for proper settings.
B. Adjust fire dampers for proper action.
C. Final positioning of manual-volume dampers is specified in Division 23 Section "Testing,
Adjusting, and Balancing."
-- End of Section --
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23 37 13 DIFFUSERS, REGISTERS, AND GRILLES
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SECTION 23 37 13
DIFFUSERS, REGISTERS, AND GRILLES
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes ceiling- and wall-mounted diffusers, registers, and grilles.
B. Related Sections include the following:
1. Division 23 Section "HVAC Gravity Ventilators and Wall Louvers" for fixed and
adjustable louvers and wall vents, whether or not they are connected to ducts.
2. Division 23 Section "Duct Accessories" for fire and smoke dampers and volume-
control dampers not integral to diffusers, registers, and grilles.
C. Performance as indicated and scheduled in the Drawings.
1.3 SUBMITTALS
A. Product Data: For each product indicated, include the following:
1. Data Sheet: Indicate materials of construction, finish, and mounting details; and
performance data including throw and drop, static-pressure drop, and noise
ratings.
2. Diffuser, Register, and Grille Schedule: Indicate Drawing designation, room
location, quantity, model number, size, and accessories furnished.
B. Coordination Drawings: Reflected ceiling plans, drawn to scale, on which the following
items are shown and coordinated with each other, using input from Installers of the items
involved:
1. Ceiling suspension assembly members.
2. Method of attaching hangers to building structure.
3. Size and location of initial access modules for acoustical tile.
4. Ceiling-mounted items including lighting fixtures, diffusers, grilles, speakers,
sprinklers, access panels, and special moldings.
5. Duct access panels.
C. Provide certificate of compliance that materials and equipment comply with the provision
of the Buy American Act. See 007300 "Special Conditions," Par. 14, for additional
requirements.
1.4 SOURCE QUALITY CONTROL
A. Verification of Performance: Rate diffusers, registers, and grilles according to ASHRAE
70, "Method of Testing for Rating the Performance of Air Outlets and Inlets."
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PART 2 - PRODUCTS
2.1 DIFFUSERS, GRILLES AND REGISTERS
A. Manufacturers: Subject to compliance with requirements, available manufacturers
offering products that may be incorporated into the Work include, but are not limited to,
the following:
1. Anemostat, a Mestek company.
2. Metalaire, by Metal Industries, Inc.
3. Price Industries
4. Titus
PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine areas where diffusers, registers, and grilles are to be installed for compliance
with requirements for installation tolerances and other conditions affecting performance
of equipment.
B. Proceed with installation only after unsatisfactory conditions have been corrected.
3.2 INSTALLATION
A. Install diffusers, registers, and grilles level and plumb.
B. Ceiling-Mounted Outlets and Inlets: Drawings indicate general arrangement of ducts,
fittings, and accessories. Air outlet and inlet locations have been indicated to achieve
design requirements for air volume, noise criteria, airflow pattern, throw, and pressure
drop. Make final locations where indicated, as much as practicable. For units installed in
lay-in ceiling panels, locate units in the center of panel. Where architectural features or
other items conflict with installation, notify Architect for a determination of final
location.
C. Install diffusers, registers, and grilles with airtight connections to ducts and to allow
service and maintenance of dampers, air extractors, and fire dampers.
3.3 ADJUSTING
A. After installation, adjust diffusers, registers, and grilles to air patterns indicated, or as
directed, before starting air balancing.
-- End of Section --
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JN: 13182.001 26 05 11-1 REQUIREMENTS FOR ELECTRICAL INSTALLATIONS
SECTION 26 05 11
REQUIREMENTS FOR ELECTRICAL INSTALLATIONS
PART 1 - GENERAL
1.1 DESCRIPTION
A. This section applies to all sections of Division 26.
B. Furnish and install electrical systems, materials, equipment, and accessories in
accordance with the specifications and drawings. Capacities and ratings of motors,
transformers, conductors and cable, panelboards, and other items and arrangements for
the specified items are shown on the drawings.
C. Conductor ampacities specified or shown on the drawings are based on copper
conductors, with the conduit and raceways sized per NEC. Aluminum conductors with
equivalent capacities are allowed.
1.2 MINIMUM REQUIREMENTS
A. The International Building Code (IBC), National Electrical Code (NEC), Underwriters
Laboratories, Inc. (UL), and National Fire Protection Association (NFPA) codes and
standards are the minimum requirements for materials and installation.
B. The drawings and specifications shall govern in those instances where requirements are
greater than those stated in the above codes and standards.
1.3 TEST STANDARDS
A. All materials and equipment shall be listed, labeled, or certified by a Nationally
Recognized Testing Laboratory (NRTL) to meet Underwriters Laboratories, Inc. (UL),
standards where test standards have been established. Materials and equipment which are
not covered by UL standards will be accepted, providing that materials and equipment are
listed, labeled, certified, or otherwise determined to meet the safety requirements of a
NRTL. Materials and equipment which no NRTL accepts, certifies, lists, labels, or
determines to be safe, will be considered if inspected or tested in accordance with
national industrial standards, such as ANSI, NEMA, and NETA. Evidence of compliance
shall include certified test reports and definitive shop drawings.
B. Definitions:
1. Listed: Materials and equipment included in a list published by an organization
that is acceptable to the Authority Having Jurisdiction and concerned with
evaluation of products or services, that maintains periodic inspection of
production or listed materials and equipment or periodic evaluation of services,
and whose listing states that the materials and equipment either meets appropriate
designated standards or has been tested and found suitable for a specified
purpose.
2. Labeled: Materials and equipment to which has been attached a label, symbol, or
other identifying mark of an organization that is acceptable to the Authority
Having Jurisdiction and concerned with product evaluation, that maintains
periodic inspection of production of labeled materials and equipment, and by
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JN: 13182.001 26 05 11-2 REQUIREMENTS FOR ELECTRICAL INSTALLATIONS
who’s labeling the manufacturer indicates compliance with appropriate standards
or performance in a specified manner.
3. Certified: Materials and equipment which:
a. Have been tested and found by a NRTL to meet nationally recognized
standards or to be safe for use in a specified manner.
b. Are periodically inspected by a NRTL.
c. Bear a label, tag, or other record of certification.
4. Nationally Recognized Testing Laboratory: Testing laboratory which is
recognized and approved by the Secretary of Labor in accordance with OSHA
regulations.
1.4 QUALIFICATIONS (PRODUCTS AND SERVICES)
A. Manufacturer’s Qualifications: The manufacturer shall regularly and currently produce,
as one of the manufacturer's principal products, the materials and equipment specified for
this project, and shall have manufactured the materials and equipment for at least three
years.
1.5 APPLICABLE PUBLICATIONS
A. Applicable publications listed in all Sections of Division 26 are the latest issue, unless
otherwise noted.
B. Products specified in all sections of Division 26 shall comply with the applicable
publications listed in each section.
1.6 QUALITY ASSURANCE
A. Materials and equipment furnished shall be new and of current production by
manufacturers regularly engaged in the manufacture of such items, and for which
replacement parts shall be available.
B. When more than one unit of the same class or type of materials and equipment is
required, such units shall be the product of a single manufacturer.
C. Equipment Assemblies and Components:
1. Components of an assembled unit need not be products of the same
manufacturer.
2. Manufacturers of equipment assemblies, which include components made by
others, shall assume complete responsibility for the final assembled unit.
3. Components shall be compatible with each other and with the total assembly for
the intended service.
4. Constituent parts which are similar shall be the product of a single manufacturer.
D. Factory wiring and terminals shall be identified on the equipment being furnished and on
all wiring diagrams.
1.7 VARIATIONS FROM CONTRACT REQUIREMENTS
A. Where the Contractor requests variations from the contract requirements, the connecting
work and related components shall include, but not be limited to additions or changes to
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branch circuits, circuit protective devices, conduits, wire, feeders, controls, panels and
installation methods.
1.8 MATERIALS AND EQUIPMENT PROTECTION
A. Materials and equipment shall be protected during shipment and storage against physical
damage, vermin, dirt, corrosive substances, fumes, moisture, cold and rain.
1. Store materials and equipment indoors in clean dry space with uniform
temperature to prevent condensation.
2. During installation, equipment shall be protected against entry of foreign matter,
and be vacuum-cleaned both inside and outside before testing and operating.
Compressed air shall not be used to clean equipment. Remove loose packing and
flammable materials from inside equipment.
3. Damaged equipment shall be repaired or replaced, as determined by the
Engineer.
1.9 WORK PERFORMANCE
A. All electrical work shall comply with the requirements of NFPA 70 (NEC), NFPA 70B,
and NFPA 70E.
B. Job site safety and worker safety is the responsibility of the Contractor.
C. Coordinate location of equipment and conduit with other trades to minimize interference.
1.10 EQUIPMENT INSTALLATION AND REQUIREMENTS
A. Equipment location shall be as close as practical to locations shown on the drawings.
B. Working clearances shall not be less than specified in the NEC.
C. Inaccessible Equipment:
1. Where the Owner/Engineer determines that the Contractor has installed
equipment not readily accessible for operation and maintenance, the equipment
shall be removed and reinstalled as directed at no additional cost to the Owner.
2. "Readily accessible” is defined as being capable of being reached quickly for
operation, maintenance, or inspections without the use of ladders, or without
climbing or crawling under or over obstacles such as, but not limited to, motors,
pumps, belt guards, transformers, piping, ductwork, conduit and raceways.
1.11 EQUIPMENT IDENTIFICATION
A. In addition to the requirements of the NEC, install an identification sign which clearly
indicates information required for use and maintenance of items such as panelboards,
cabinets, fused and non-fused safety switches, separately enclosed circuit breakers,
individual breakers, control devices and other significant equipment.
1.12 SUBMITTALS
A. The Engineer’s approval shall be obtained for all materials and equipment before delivery
to the job site. Delivery, storage or installation of materials and equipment which has not
had prior approval will not be permitted.
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JN: 13182.001 26 05 11-4 REQUIREMENTS FOR ELECTRICAL INSTALLATIONS
B. All submittals shall include six copies of adequate descriptive literature, catalog cuts,
shop drawings, test reports, certifications, samples, and other data necessary for the
Engineer to ascertain that the proposed materials and equipment comply with drawing
and specification requirements. Catalog cuts submitted for approval shall be legible and
clearly identify specific materials and equipment being submitted.
C. Submittals for individual systems and equipment assemblies which consist of more than
one item or component shall be made for the system or assembly as a whole. Partial
submittals will not be considered for approval.
1. Submittals shall be marked to show specification reference including the section
and paragraph numbers.
2. Submit each section separately.
D. The submittals shall include the following:
1. Information that confirms compliance with contract requirements. Include the
manufacturer's name, model or catalog numbers, catalog information, technical
data sheets, shop drawings, manuals, pictures, nameplate data, and test reports as
required.
1.13 SINGULAR NUMBER
A. Where any device or part of equipment is referred to in these specifications in the
singular number (e.g., "the switch"), this reference shall be deemed to apply to as many such
devices as are required to complete the installation as shown on the drawings.
1.14 WARRANTY
A. All work performed, and all equipment and material furnished under this Division shall
be free from defects and shall remain so for a period of one year from the date of
acceptance of the entire installation by the Owner.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
-- End of Section --
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JN:13182.001 26 05 19-1 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES
SECTION 26 05 19
LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES
PART 1 - GENERAL
1.1 DESCRIPTION
A. This section specifies the furnishing, installation, connection, and testing of the electrical
conductors and cables for use in electrical systems rated 600 V and below, indicated as
cable(s), conductor(s), wire, or wiring in this section.
1.2 RELATED WORK
A. Section 26 05 11, Requirements for Electrical Installations: Requirements that apply to
all sections of Division 26.
B. Section 26 05 26, Grounding and Bonding for Electrical Systems: Requirements for
personnel safety and to provide a low impedance path for possible ground fault currents.
C. Section 26 05 33, Raceway and Boxes for Electrical Systems: Conduits for conductors
and cables.
1.3 FACTORY TESTS
A. Conductors and cables shall be thoroughly tested at the factory per NEMA to ensure that
there are no electrical defects. Factory tests shall be certified.
1.4 SUBMITTALS
A. Submit six copies of the following in accordance with Section 26 05 11, Requirements for
Electrical Installations.
1. Shop Drawings:
a. Submit sufficient information to demonstrate compliance with drawings and
specifications.
b. Submit the following data for approval:
1) Electrical ratings, material (copper or aluminum), and insulation type for
each conductor and cable.
2) Splicing materials.
B. See Section 26 05 11, Requirements for Electrical Installations, Article 1.12 Submittals for
further requirements.
C. See Section 26 05 11, Requirements for Electrical Installations, Article 1.6 Quality Assurance
for Further Requirements.
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JN:13182.001 26 05 19-2 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES
1.5 APPLICABLE PUBLICATIONS
A. Publications listed below (including amendments, addenda, revisions, supplements, and
errata) form a part of this specification to the extent referenced. Publications are reference
in the text by designation only.
B. American Society of Testing Material (ASTM):
D2301-10 Standard Specification for Vinyl Chloride Plastic Pressure-Sensitive
Electrical Insulating Tape.
D2304-10 Test Method for Thermal Endurance of Rigid Electrical Insulating
Materials.
D3005-10 Low-Temperature Resistant Vinyl Chloride Plastic Pressure-Sensitive
Electrical Insulating Tape.
C. National Electrical Manufacturers Association (NEMA):
WC 70-09 Power Cables Rated 2000 Volts or Less for the Distribution of Electrical
Energy.
D. National Fire Protection Association (NFPA):
70-11 National Electrical Code (NEC).
E. Underwriters Laboratories, Inc. (UL):
44-10 Thermoset-Insulated Wires and Cables.
83-08 Thermoplastic-Insulated Wires and Cables.
467-07 Grounding and Bonding Equipment.
486A-486B-03 Wire Connectors.
486C-04 Splicing Wire Connectors.
486D-05 Sealed Wire Connector Systems.
486E-09 Equipment Wiring Terminals for Use with Aluminum and/or Copper
Conductors.
493-07 Thermoplastic-Insulated Underground Feeder and Branch Circuit Cables.
514B-04 Conduit, Tubing, and Cable Fittings.
PART 2 - PRODUCTS
2.1 CONDUCTORS AND CABLES
A. Conductors and cables shall be in accordance with NEMA, UL, as specified herein, and
as shown on the drawings.
B. Conductors may be copper.
C. Single Conductor and Cable:
1. No. 12 AWG: Minimum size, except where smaller sizes are specified herein or
shown on the drawings.
2. No. 8 AWG and larger: Stranded.
3. No. 10 AWG and smaller: Solid; except shall be stranded for final connection to
motors, transformers, and vibrating equipment.
4. Insulation: THHN-THWN and XHHW-2. XHHW-2 shall be used for isolated
power systems.
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JN:13182.001 26 05 19-3 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES
D. Color Code:
1. No. 10 AWG and smaller: Solid color insulation or solid color coating.
2. No. 8 AWG and larger: Color-coded using one of the following methods:
a. Solid color insulation or solid color coating.
b. Stripes, bands, or hash marks of color specified.
c. Color using 19 mm (0.75 inches) wide tape.
3. Conductors shall be color-coded per NEC.
4. Lighting circuit “switch legs”, and 3-way and 4-way switch “traveling wires,”
shall have color coding that is unique and distinct (e.g., pink and purple) from the
color coding indicated above. The unique color codes shall be solid and in
accordance with the NEC.
2.2 SPLICES
A. Splices shall be in accordance with NEC and UL.
B. Above Ground Splices for No. 10 AWG and Smaller:
1. Solderless, screw-on, reusable pressure cable type, with integral insulation, approved for
copper and aluminum conductors.
2. The integral insulator shall have a skirt to completely cover the stripped conductors.
3. The number, size, and combination of conductors used with the connector, as listed on the
manufacturer's packaging, shall be strictly followed.
C. Above Ground Splices for No. 8 AWG to No. 4/0 AWG:
1. Compression, hex screw, or bolt clamp-type of high conductivity and corrosion-resistant
material, listed for use with copper and aluminum conductors.
2. Insulate with materials approved for the particular use, location, voltage, and temperature.
Insulation level shall be not less than the insulation level of the conductors being joined.
3. Splice and insulation shall be product of the same manufacturer.
4. All bolts, nuts, and washers used with splices shall be //zinc-plated steel.
D. Plastic electrical insulating tape: Per ASTM D2304, flame-retardant, cold and weather resistant.
2.3 CONNECTORS AND TERMINATIONS
A. Mechanical type of high conductivity and corrosion-resistant material, listed for use with
copper and aluminum conductors.
B. Long barrel compression type of high conductivity and corrosion-resistant material, with
minimum of two compression indents per wire, listed for use with copper and aluminum
conductors.
C. All bolts, nuts, and washers used to connect connections and terminations to bus bars or
other termination points shall be zinc-plated steel.
2.4 CONTROL WIRING
A. Unless otherwise specified elsewhere in these specifications, control wiring shall be as
specified herein, except that the minimum size shall be not less than No. 14 AWG.
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JN:13182.001 26 05 19-4 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES
B. Control wiring shall be sized such that the voltage drop under in-rush conditions does not
adversely affect operation of the controls.
2.5 WIRE LUBRICATING COMPOUND
A. Lubricating compound shall be suitable for the wire insulation and conduit and shall not
harden or become adhesive.
B. Shall not be used on conductors for isolated power systems.
PART 3 - EXECUTION
3.1 GENERAL
A. Install conductors in accordance with the NEC, as specified, and as shown on the
drawings.
B. Install all conductors in raceway systems.
C. Splice conductors only in outlet boxes, junction boxes, pullboxes, manholes, or
handholes.
D. Conductors of different systems (e.g., 120 V and 277 V) shall not be installed in the same
raceway.
E. Install cable supports for all vertical feeders in accordance with the NEC. Provide split
wedge type which firmly clamps each individual cable and tightens due to cable weight.
F. In panelboards, cabinets, wireways, switches, enclosures, and equipment assemblies,
neatly form, train, and tie the conductors with non-metallic ties.
G. For connections to motors, transformers, and vibrating equipment, stranded conductors
shall be used only from the last fixed point of connection to the motors, transformers, or
vibrating equipment.
H. Use expanding foam or non-hardening duct-seal to seal conduits entering a building, after
installation of conductors.
I. Conductor and Cable Pulling:
1. Provide installation equipment that will prevent the cutting or abrasion of
insulation during pulling. Use lubricants approved for the cable.
2. Use nonmetallic pull ropes.
3. All conductors in a single conduit shall be pulled simultaneously.
4. Do not exceed manufacturer’s recommended maximum pulling tensions and
sidewall pressure values.
J. No more than three branch circuits shall be installed in any one conduit.
K. When stripping stranded conductors, use a tool that does not damage the conductor or
remove conductor strands.
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JN:13182.001 26 05 19-5 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES
3.2 SPLICE AND TERMINATION INSTALLATION
A. Splices and terminations shall be mechanically and electrically secure and tightened to
manufacturer’s published torque values using a torque screwdriver or wrench.
B. Where the Engineer determines that unsatisfactory splices or terminations have been
installed, replace the splices or terminations at no additional cost to the Owner.
3.3 CONDUCTOR IDENTIFICATION
A. When using colored tape to identify phase, neutral, and ground conductors larger than
No. 8 AWG, apply tape in half-overlapping turns for a minimum of 75 mm (3 inches)
from terminal points, and in junction boxes, pullboxes, and manholes. Apply the last two
laps of tape with no tension to prevent possible unwinding. Where cable markings are
covered by tape, apply tags to cable, stating size and insulation type.
3.4 CONTROL WIRING INSTALLATION
A. Unless otherwise specified in other sections, install control wiring, and connect to
equipment to perform the required functions as specified or as shown on the drawings.
B. Install a separate power supply circuit for each system, except where otherwise shown on
the drawings.
3.5 CONTROL WIRING IDENTIFICATION
A. Install a permanent wire marker on each wire at each termination.
B. Identifying numbers and letters on the wire markers shall correspond to those on the
wiring diagrams used for installing the systems.
C. Wire markers shall retain their markings after cleaning.
3.6 ACCEPTANCE CHECKS AND TESTS
A. Perform in accordance with the manufacturer's recommendations. In addition, include
the following:
1. Visual Inspection and Tests: Inspect physical condition.
2. Electrical tests:
a. After installation but before connection to utilization devices, such as
fixtures, motors, or appliances, test conductors’ phase-to-phase and
phase-to-ground resistance with an insulation resistance tester.
b. Perform phase rotation test on all three-phase circuits.
-- End of Section --
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JN: 13182.001 26 05 26-1 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS
SECTION 26 05 26
GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS
PART 1 - GENERAL
1.1 DESCRIPTION
A. This section specifies the furnishing, installation, connection, and testing of grounding
and bonding equipment, indicated as grounding equipment in this section.
B. “Grounding electrode system” refers to grounding electrode conductors and all electrodes
required or allowed by NEC.
C. The terms “connect” and “bond” are used interchangeably in this section and have the
same meaning.
1.2 RELATED WORK
A. Section 26 05 11, Requirements for Electrical Installations: Requirements that apply to
all sections of Division 26.
B. Section 26 05 19, Low-Voltage Electrical Power Conductors and Cables: Low-voltage
conductors.
C. Section 26 05 33, Raceway and Boxes for Electrical Systems: Conduit and boxes.
1.3 SUBMITTALS
A. Submit six copies of the following in accordance with Section 26 05 11, Requirements
for Electrical Installations.
1. Shop Drawings:
a. Submit sufficient information to demonstrate compliance with drawings
and specifications.
B. See Section 260511, Requirements for Electrical Installations, Article 1.12 Submittals for
further requirements.
C. See Section 260511, Requirements for Electrical Installations, Article 1.6 quality
assurance for further requirements.
1.4 APPLICABLE PUBLICATIONS
A. 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.
B. 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
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JN: 13182.001 26 05 26-2 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS
B8-11 ............................ Standard Specification for Concentric-Lay-Stranded Copper
Conductors, Hard, Medium-Hard, or Soft
C. Institute of Electrical and Electronics Engineers, Inc. (IEEE):
81-83 ............................. IEEE Guide for Measuring Earth Resistivity, Ground
Impedance, and Earth Surface Potentials of a Ground System
Part 1: Normal Measurements
D. National Fire Protection Association (NFPA):
70-11 ............................. National Electrical Code (NEC)
70E-12 ........................... National Electrical Safety Code
99-12 ............................. Health Care Facilities
E. Underwriters Laboratories, Inc. (UL):
44-10 ............................ Thermoset-Insulated Wires and Cables
83-08 ............................ Thermoplastic-Insulated Wires and Cables
467-07 .......................... Grounding and Bonding Equipment
PART 2 - PRODUCTS
2.1 GROUNDING AND BONDING CONDUCTORS
A. Equipment grounding conductors shall be insulated stranded copper, except that sizes No.
10 AWG and smaller shall be solid copper. Insulation color shall be continuous green for
all equipment grounding conductors, except that wire sizes No. 4 AWG and larger shall
be identified per NEC.
B. Bonding conductors shall be bare stranded copper, except that sizes No. 10 AWG and
smaller shall be bare solid copper. Bonding conductors shall be stranded for final
connection to motors, transformers, and vibrating equipment.
C. Conductor sizes shall not be less than shown on the drawings, or not less than required by
the NEC, whichever is greater.
2.2 CONCRETE ENCASED ELECTRODE
A. Concrete encased electrode shall be No. 4 AWG bare copper wire, installed per NEC.
2.3 GROUND CONNECTIONS
A. Below Grade and Inaccessible Locations: Exothermic-welded type connectors.
B. Above Grade:
1. Bonding Jumpers: Listed for use with aluminum and copper conductors. For
wire sizes No. 8 AWG and larger, use compression-type connectors. For wire
sizes smaller than No. 8 AWG, use mechanical type lugs. Connectors or lugs
shall use zinc-plated steel bolts, nuts, and washers. Bolts shall be torqued to the
values recommended by the manufacturer.
2. Connection to Building Steel: Exothermic-welded type connectors.
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JN: 13182.001 26 05 26-3 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS
3. Connection to Grounding Bus Bars: Listed for use with aluminum and copper
conductors. Use mechanical type lugs, with zinc-plated steel bolts, nuts, and
washers. Bolts shall be torqued to the values recommended by the manufacturer.
2.4 GROUND TERMINAL BLOCKS
A. At any equipment mounting location (e.g., backboards and hinged cover enclosures)
where rack-type ground bars cannot be mounted, provide mechanical type lugs, with
zinc-plated steel bolts, nuts, and washers. Bolts shall be torqued to the values
recommended by the manufacturer.
PART 3 - EXECUTION
3.1 GENERAL
A. Install grounding equipment in accordance with the NEC, as shown on the 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 transformer.
C. Equipment Grounding: Metallic piping, building structural steel, electrical 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
A. Make grounding connections, which are normally buried or otherwise inaccessible, by
exothermic weld.
3.3 SECONDARY VOLTAGE EQUIPMENT AND CIRCUITS
A. Panelboards and other electrical equipment:
1. Connect the equipment grounding conductors to the ground bus.
2. Connect metallic conduits by grounding bushings and equipment grounding
conductor to the equipment ground bus.
3.4 RACEWAY
A. Feeders and Branch Circuits: Install equipment grounding conductors with all feeders,
and power and lighting branch circuits.
B. 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.
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JN: 13182.001 26 05 26-4 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS
C. 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.
D. Ground lighting fixtures to the equipment grounding conductor of the wiring system.
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.
E. Fixed electrical appliances and equipment shall be provided with a ground lug for
termination of the equipment grounding conductor.
3.4 CORROSION INHIBITORS
A. When making grounding and bonding connections, apply a corrosion inhibitor to all
contact surfaces. Use corrosion inhibitor appropriate for protecting a connection between
the metals used.
-- End of Section --
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HVAC Renovations
JN: 13182.001 26 05 29-1 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS
SECTION 26 05 29
HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Division 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS and
applicable parts of Division 01 - GENERAL REQUIREMENTS, as listed in the Table of
Contents, shall be included in and made a part of this Section.
1.2 SUMMARY
A. Section Includes:
1. Hangers and supports for electrical equipment and systems.
2. Construction requirements for concrete bases.
1.3 SUBMITTALS
A. Product Data: For each type of product.
1. Include construction details, material descriptions, dimensions of individual
components and profiles, and finishes for the following:
a. Hangers.
b. Steel slotted support systems.
c. Trapeze hangers.
d. Clamps.
e. Brackets.
2. Include rated capacities and furnished specialties and accessories.
B. Shop Drawings: For fabrication and installation details for electrical hangers and support
systems.
1. Trapeze hangers. Include product data for components.
PART 2 - PRODUCTS
2.1 PERFORMANCE REQUIREMENTS
A. Surface-Burning Characteristics: Comply with ASTM E 84; testing by a qualified testing
agency. Identify products with appropriate markings of applicable testing agency.
1. Flame Rating: Class 1.
2. Self-extinguishing according to ASTM D 635.
2.2 SUPPORT, ANCHORAGE, AND ATTACHMENT COMPONENTS
A. Steel Slotted Support Systems: Comply with MFMA-4 factory-fabricated components for
field assembly.
1. Manufacturers: Subject to compliance with requirements, provide products by
one of the following:
a. Allied Tube & Conduit; a part of Atkore International.
b. B-line, an Eaton business.
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JN: 13182.001 26 05 29-2 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS
c. ERICO International Corporation.
d. Flex-Strut Inc.
e. GS Metals Corp.
f. G-Strut.
g. Haydon Corporation.
h. Metal Ties Innovation.
i. Thomas & Betts Corporation, A Member of the ABB Group.
j. Unistrut; Part of Atkore International.
k. Wesanco, Inc.
2. Material: Galvanized steel.
3. Channel Width: 1-5/8 inches.
4. Metallic Coatings: Hot-dip galvanized after fabrication and applied according to
MFMA-4.
5. Protect finishes on exposed surfaces from damage by applying a strippable,
temporary protective covering before shipping.
6. Channel Dimensions: Selected for applicable load criteria.
B. Conduit and Cable Support Devices: Steel and malleable-iron hangers, clamps, and
associated fittings, designed for types and sizes of raceway or cable to be supported.
C. Support for Conductors in Vertical Conduit: Factory-fabricated assembly consisting of
threaded body and insulating wedging plug or plugs for nonarmored electrical conductors
or cables in riser conduits. Plugs shall have number, size, and shape of conductor
gripping pieces as required to suit individual conductors or cables supported. Body shall
be made of malleable iron.
D. Structural Steel for Fabricated Supports and Restraints: ASTM A 36/A 36M steel plates,
shapes, and bars; black and galvanized.
E. Mounting, Anchoring, and Attachment Components: Items for fastening electrical items
or their supports to building surfaces include the following:
1. Powder-Actuated Fasteners: Threaded-steel stud, for use in hardened portland
cement concrete, steel, or wood, with tension, shear, and pullout capacities
appropriate for supported loads and building materials where used.
a. Manufacturers: Subject to compliance with requirements, provide
products by one of the following:
1) Hilti, Inc.
2) ITW Ramset/Red Head; Illinois Tool Works, Inc.
3) MKT Fastening, LLC.
4) Simpson Strong-Tie Co., Inc.
2. Mechanical-Expansion Anchors: Insert-wedge-type, zinc-coated steel, for use in
hardened portland cement concrete, with tension, shear, and pullout capacities
appropriate for supported loads and building materials where used.
a. Manufacturers: Subject to compliance with requirements, provide
products by one of the following:
1) B-line, an Eaton business.
2) Empire Tool and Manufacturing Co., Inc.
3) Hilti, Inc.
4) ITW Ramset/Red Head; Illinois Tool Works, Inc.
5) MKT Fastening, LLC.
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JN: 13182.001 26 05 29-3 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS
3. Concrete Inserts: Steel or malleable-iron, slotted support system
units are similar to MSS Type 18 units and comply with MFMA-
4 or MSS SP-58.
4. Clamps for Attachment to Steel Structural Elements: MSS SP-58
units are suitable for attached structural element.
5. Through Bolts: Structural type, hex head, and high strength.
Comply with ASTM A 325.
6. Toggle Bolts: All-steel springhead type.
7. Hanger Rods: Threaded steel.
PART 3 - EXECUTION
3.1 APPLICATION
A. Comply with NECA 1 and NECA 101 for application of hangers and supports for
electrical equipment and systems unless requirements in this Section are stricter.
B. Comply with requirements for raceways and boxes specified in Section 26 0533
"Raceways and Boxes for Electrical Systems."
C. Maximum Support Spacing and Minimum Hanger Rod Size for Raceway: Space supports
for EMTs, IMCs, and RMCs as required by NFPA 70. Minimum rod size shall be 1/4
inch in diameter.
D. Multiple Raceways or Cables: Install trapeze-type supports fabricated with steel slotted
or other support system, sized so capacity can be increased by at least 25 percent in future
without exceeding specified design load limits.
1. Secure raceways and cables to these supports with single-bolt conduit clamps or
single-bolt conduit clamps using spring friction action for retention in support
channel.
E. Spring-steel clamps designed for supporting single conduits without bolts may be used
for 1-1/2-inch and smaller raceways serving branch circuits and communication systems
above suspended ceilings and for fastening raceways to trapeze supports.
3.02 SUPPORT INSTALLATION
A. Comply with NECA 1 and NECA 101 for installation requirements except as specified in
this article.
B. Raceway Support Methods: In addition to methods described in NECA 1, EMTs, IMCs,
and RMCs may be supported by openings through structure members, according to
NFPA 70.
C. Strength of Support Assemblies: Where not indicated, select sizes of components so
strength will be adequate to carry present and future static loads within specified loading
limits. Minimum static design load used for strength determination shall be weight of
supported components plus 200 lb.
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D. Mounting and Anchorage of Surface-Mounted Equipment and Components: Anchor and
fasten electrical items and their supports to building structural elements by the following
methods unless otherwise indicated by code:
1. To Wood: Fasten with lag screws or through bolts.
2. To New Concrete: Bolt to concrete inserts.
3. To Masonry: Approved toggle-type bolts on hollow masonry units and expansion
anchor fasteners on solid masonry units.
4. To Existing Concrete: Expansion anchor fasteners.
5. Instead of expansion anchors, powder-actuated driven threaded studs provided
with lock washers and nuts may be used in existing standard-weight concrete 4
inches thick or greater. Do not use for anchorage to lightweight-aggregate
concrete or for slabs less than 4 inches thick.
6. To Steel: Beam clamps (MSS SP-58, Type 19, 21, 23, 25, or 27), complying with
MSS SP-69.
7. To Light Steel: Sheet metal screws.
8. Items Mounted on Hollow Walls and Nonstructural Building Surfaces: Mount
cabinets, panelboards, disconnect switches, control enclosures, pull and junction
boxes, transformers, and other devices on slotted-channel racks attached to
substrate by means that comply with seismic-restraint strength and anchorage
requirements.
E. Drill holes for expansion anchors in concrete at locations and to depths that avoid the
need for reinforcing bars.
3.2 PAINTING
A. Touchup: Clean field welds and abraded areas of shop paint. Paint exposed areas
immediately after erecting hangers and supports. Use same materials as used for shop
painting. Comply with SSPC-PA 1 requirements for touching up field-painted surfaces.
1. Apply paint by brush or spray to provide minimum dry film thickness of 2.0 mils.
B. Galvanized Surfaces: Clean welds, bolted connections, and abraded areas and apply
galvanizing-repair paint to comply with ASTM A 780.
-- End of Section --
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JN: 13182.001 26 05 33-1 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS
SECTION 26 05 33
RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS
PART 1 - GENERAL
1.1 DESCRIPTION
A. This section specifies the furnishing, installation, and connection of conduit, fittings, and
boxes, to form complete, coordinated, grounded raceway systems. Raceways are required
for all wiring unless shown or specified otherwise.
B. Definitions: The term conduit, as used in this specification, shall mean any or all of the
raceway types specified.
1.2 RELATED WORK
A. Section 26 05 11, Requirements for Electrical Installations: General electrical
requirements and items that are common to more than one section of Division 26.
B. Section 26 05 26, Grounding and Bonding for Electrical Systems: Requirements for
personnel safety and to provide a low impedance path for possible ground fault currents.
1.3 QUALITY ASSURANCE
A. Refer to Paragraph, Quality Assurance, in Section 26 05 11, Requirements for Electrical
Installations.
1.4 SUBMITTALS
A. Submit six copies of the following in accordance with Section 26 05 11, Requirements
for Electrical Installations.
1. Shop Drawings:
a. Submit the following data for approval:
1) Raceway types and sizes.
2) Conduit bodies, connectors and fittings.
3) Junction and pull boxes, types and sizes.
B. See Section 260511, Requirements for Electrical Installations, Article 1.12 Submittals for
further requirements.
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HVAC Renovations
JN: 13182.001 26 05 33-2 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS
1.5 APPLICABLE PUBLICATIONS
A. 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.
B. American National Standards Institute (ANSI):
C80.1-05 ....................... Electrical Rigid Steel Conduit
C80.3-05 ....................... Steel Electrical Metal Tubing
C80.6-05 ....................... Electrical Intermediate Metal Conduit
C. National Fire Protection Association (NFPA):
70-11 National Electrical Code (NEC)
D. Underwriters Laboratories, Inc. (UL):
1-05 Flexible Metal Conduit
5-11 Surface Metal Raceway and Fittings
6-07 Electrical Rigid Metal Conduit - Steel
50-95 Enclosures for Electrical Equipment
360-13 Liquid-Tight Flexible Steel Conduit
467-13 Grounding and Bonding Equipment
514A-13 ........................ Metallic Outlet Boxes
514B-12 ........................ Conduit, Tubing, and Cable Fittings
514C-07 ........................ Nonmetallic Outlet Boxes, Flush-Device Boxes and Covers
651-11 ......................... Schedule 40 and 80 Rigid PVC Conduit and Fittings
651A-11 ........................ Type EB and A Rigid PVC Conduit and HDPE Conduit
797-07 Electrical Metallic Tubing
1242-06 ......................... Electrical Intermediate Metal Conduit - Steel
E. National Electrical Manufacturers Association (NEMA):
TC-2-13 ....................... Electrical Polyvinyl Chloride (PVC) Tubing and Conduit
TC-3-13 ....................... PVC Fittings for Use with Rigid PVC Conduit and Tubing
FB1-12......................... Fittings, Cast Metal Boxes and Conduit Bodies for Conduit,
Electrical Metallic Tubing and Cable
FB2.10-13.................... Selection and Installation Guidelines for Fittings for use with
Non-Flexible Conduit or Tubing (Rigid Metal Conduit,
Intermediate Metallic Conduit, and Electrical Metallic Tubing)
FB2.20-12.................... Selection and Installation Guidelines for Fittings for use with
Flexible Electrical Conduit and Cable
F. American Iron and Steel Institute (AISI):
S100-2007 ..................... North American Specification for the Design of Cold-Formed
Steel Structural Members
PART 2 - PRODUCTS
2.1 MATERIAL
A. Conduit Size: In accordance with the NEC, but not less than 0.5-inch unless otherwise
shown. Where permitted by the NEC, 0.5-inch flexible conduit may be used for tap
connections to recessed lighting fixtures.
Lowell Housing Authority Mercier Center
HVAC Renovations
JN: 13182.001 26 05 33-3 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS
B. Conduit:
1. Size: In accordance with the NEC, but not less than 0.5-inch.
2. Rigid Steel Conduit (RMC): Shall conform to UL 6 and ANSI C80.1.
3. Electrical Metallic Tubing (EMT): Shall conform to UL 797 and ANSI C80.3.
Maximum size not to exceed 4 inches and shall be permitted only with cable
rated 600 V or less.
4. Flexible Metal Conduit: Shall conform to UL 1.
5. Liquid-tight Flexible Metal Conduit: Shall conform to UL 360.
C. Conduit Fittings:
1. Rigid Steel and Intermediate Metallic Conduit Fittings:
a. Fittings shall meet the requirements of UL 514B and NEMA FB1.
b. Standard threaded couplings, locknuts, bushings, conduit bodies, and
elbows: Only steel or malleable iron materials are acceptable. Integral
retractable type IMC couplings are also acceptable.
c. Locknuts: Bonding type with sharp edges for digging into the metal wall
of an enclosure.
d. Bushings: Metallic insulating type, consisting of an insulating insert,
molded or locked into the metallic body of the fitting. Bushings made
entirely of metal or nonmetallic material are not permitted.
e. Erickson (Union-Type) and Set Screw Type Couplings: Approved for
use in concrete are permitted for use to complete a conduit run where
conduit is installed in concrete. Use set screws of case-hardened steel
with hex head and cup point to firmly seat in conduit wall for positive
ground. Tightening of set screws with pliers is prohibited.
f. Sealing Fittings: Threaded cast iron type. Use continuous drain-type
sealing fittings to prevent passage of water vapor. In concealed work,
install fittings in flush steel boxes with blank cover plates having the
same finishes as that of other electrical plates in the room.
2. Rigid Aluminum Conduit Fittings:
a. Standard threaded couplings, locknuts, bushings, conduit bodies, and
elbows: Malleable iron, steel or aluminum alloy materials; Zinc or
cadmium plate iron or steel fittings. Aluminum fittings containing more
than 0.4% copper are prohibited.
b. Locknuts and Bushings: As specified for rigid steel and IMC conduit.
c. Set Screw Fittings: Not permitted for use with aluminum conduit.
3. Electrical Metallic Tubing Fittings:
a. Fittings and conduit bodies shall meet the requirements of UL 514B,
ANSI C80.3, and NEMA FB1.
b. Only steel or malleable iron materials are acceptable.
c. Setscrew Couplings and Connectors: Use setscrews of case-hardened
steel with hex head and cup point, to firmly seat in wall of conduit for
positive grounding.
d. Indent-type connectors or couplings are prohibited.
e. Die-cast or pressure-cast zinc-alloy fittings or fittings made of "pot
metal" are prohibited.
4. Flexible Metal Conduit Fittings:
a. Conform to UL 514B. Only steel or malleable iron materials are
acceptable.
b. Clamp-type, with insulated throat.
5. Liquid-tight Flexible Metal Conduit Fittings:
Lowell Housing Authority Mercier Center
HVAC Renovations
JN: 13182.001 26 05 33-4 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS
a. Fittings shall meet the requirements of UL 514B and NEMA FB1.
b. Only steel or malleable iron materials are acceptable.
c. Fittings must incorporate a threaded grounding cone, a steel or plastic
compression ring, and a gland for tightening. Connectors shall have
insulated throats.
6. Expansion and Deflection Couplings:
a. Conform to UL 467 and UL 514B.
b. Accommodate a 0.75-inch deflection, expansion, or contraction in any
direction, and allow 30 degree angular deflections.
c. Include internal flexible metal braid, sized to guarantee conduit ground
continuity and a low-impedance path for fault currents, in accordance
with UL 467 and the NEC tables for equipment grounding conductors.
d. Jacket: Flexible, corrosion-resistant, watertight, moisture and heat-
resistant molded rubber material with stainless steel jacket clamps.
D. Conduit Supports:
1. Parts and Hardware: Zinc-coat or provide equivalent corrosion protection.
2. Individual Conduit Hangers: Designed for the purpose, having a pre-assembled
closure bolt and nut, and provisions for receiving a hanger rod.
3. Multiple Conduit (Trapeze) Hangers: Not less than 1.5 x 1.5 inches, 12-gauge
steel, cold-formed, lipped channels; with not less than 0.375-inch diameter steel
hanger rods.
4. Solid Masonry and Concrete Anchors: Self-drilling expansion shields, or
machine bolt expansion.
E. Outlet, Junction, and Pull Boxes:
1. UL-50 and UL-514A.
2. Rustproof cast metal where required by the NEC or shown on drawings.
3. Sheet Metal Boxes: Galvanized steel, except where shown on drawings.
F. Metal Wireways: Equip with hinged covers, except as shown on drawings. Include
couplings, offsets, elbows, expansion joints, adapters, hold-down straps, end caps, and
other fittings to match and mate with wireways as required for a complete system.
PART 3 - EXECUTION
3.1 PENETRATIONS
A. Cutting or Holes:
1. Cut holes in advance where they should be placed in the structural elements, such
as ribs or beams. Obtain the approval of the General Contractor prior to drilling
through structural elements.
2. Cut holes through concrete and masonry in new and existing structures with a
diamond core drill or concrete saw. Pneumatic hammers, impact electric, hand,
or manual hammer-type drills are not allowed.
B. Firestop: Where conduits, wireways, and other electrical raceways pass through fire
partitions, fire walls, smoke partitions, or floors, install a fire stop that provides an
effective barrier against the spread of fire, smoke and gases with an approved firestop
material.
Lowell Housing Authority Mercier Center
HVAC Renovations
JN: 13182.001 26 05 33-5 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS
C. Waterproofing: At floor, exterior wall, and roof conduit penetrations, completely seal the
gap around conduit to render it watertight.
3.2 INSTALLATION, GENERAL
A. In accordance with UL, NEC, NEMA, as shown on drawings, and as specified herein.
B. Install conduit as follows:
1. In complete mechanically and electrically continuous runs before pulling in
cables or wires.
2. Unless otherwise indicated on the drawings or specified herein, installation of all
conduits shall be concealed within finished walls, floors, and ceilings.
3. Flattened, dented, or deformed conduit is not permitted. Remove and replace the
damaged conduits with new conduits.
4. Assure conduit installation does not encroach into the ceiling height head room,
walkways, or doorways.
5. Cut conduits square, ream, remove burrs, and draw up tight.
6. Independently support conduit at 2.4 M (8 feet) on centers with specified
materials and as shown on drawings.
7. Do not use suspended ceilings, suspended ceiling supporting members, lighting
fixtures, other conduits, cable tray, boxes, piping, or ducts to support conduits
and conduit runs.
8. Support within 300 mm (12 inches) of changes of direction, and within 300 mm
(12 inches) of each enclosure to which connected.
9. Close ends of empty conduits with plugs or caps at the rough-in stage until wires
are pulled in, to prevent entry of debris.
10. Conduit installations under fume and vent hoods are prohibited.
11. Secure conduits to cabinets, junction boxes, pull-boxes, and outlet boxes with
bonding type locknuts. For rigid steel and IMC conduit installations, provide a
locknut on the inside of the enclosure, made up wrench tight. Do not make
conduit connections to junction box covers.
12. Conduit bodies shall only be used for changes in direction and shall not contain
splices.
C. Conduit Bends:
1. Make bends with standard conduit bending machines.
2. Conduit hickey may be used for slight offsets and for straightening stubbed out
conduits.
3. Bending of conduits with a pipe tee or vise is prohibited.
3.3 CONCEALED WORK INSTALLATION
A. Above Furred or Suspended Ceilings and in Walls:
1. Conduit for Conductors 600 V and Below: Rigid steel, IMC, rigid aluminum, or
EMT. Mixing different types of conduits in the same system is prohibited.
2. Align and run conduit parallel or perpendicular to the building lines.
3. Connect recessed lighting fixtures to conduit runs with maximum 1.8 M (6 feet)
of flexible metal conduit extending from a junction box to the fixture.
4. Tightening set screws with pliers is prohibited.
Lowell Housing Authority Mercier Center
HVAC Renovations
JN: 13182.001 26 05 33-6 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS
5. For conduits running through metal studs, limit field cut holes to no more than
70% of web depth. Spacing between holes shall be at least 457 mm (18 inches).
Cuts or notches in flanges or return lips shall not be permitted.
3.4 EXPOSED WORK INSTALLATION
A. Conduit for Conductors 600 V and Below: Rigid steel, IMC, rigid aluminum, or EMT.
Mixing different types of conduits in the system is prohibited.
B. Align and run conduit parallel or perpendicular to the building lines.
C. Install horizontal runs close to the ceiling or beams and secure with conduit straps.
D. Support horizontal or vertical runs at not over 2.4 M (8 feet) intervals.
E. Surface Metal Raceways: Use only where shown on drawings.
F. Painting:
1. Paint exposed conduit in Main Dining and Bar areas.
3.5 WET OR DAMP LOCATIONS
A. Use rigid steel or IMC conduits unless as shown on drawings.
B. Provide sealing fittings to prevent passage of water vapor where conduits pass from
warm to cold locations, i.e., refrigerated spaces, constant-temperature rooms, air-
conditioned spaces, building exterior walls, roofs, or similar spaces.
C. Use rigid steel or IMC conduit within 5 feet of the exterior and below concrete building
slabs in contact with soil, gravel, or vapor barriers, unless as shown on drawings.
Conduit shall be half-lapped with 10 mil PVC tape before installation. After installation,
completely recoat or retape any damaged areas of coating.
3.6 MOTORS AND VIBRATING EQUIPMENT
A. Use flexible metal conduit for connections to motors and other electrical equipment
subject to movement, vibration, misalignment, cramped quarters, or noise transmission.
B. Use liquid-tight flexible metal conduit for installation in exterior locations, moisture or
humidity laden atmosphere, corrosive atmosphere, water or spray wash-down operations,
inside airstream of HVAC units, and locations subject to seepage or dripping of oil,
grease, or water.
C. Provide a green equipment grounding conductor with flexible and liquid-tight flexible
metal conduit.
3.7 EXPANSION JOINTS
A. Conduits 3 inch and larger that are secured to the building structure on opposite sides of a
building expansion joint require expansion and deflection couplings. Install the
couplings in accordance with the manufacturer's recommendations.
Lowell Housing Authority Mercier Center
HVAC Renovations
JN: 13182.001 26 05 33-7 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS
B. Provide conduits smaller than 3-inch with junction boxes on both sides of the expansion
joint. Connect flexible metal conduits to junction boxes with sufficient slack to produce
a 5-inch vertical drop midway between the ends of the flexible metal conduit. Flexible
metal conduit shall have a green insulated copper bonding jumper installed. In lieu of
this flexible metal conduit, expansion and deflection couplings as specified above are
acceptable.
3.8 CONDUIT SUPPORTS
A. Safe working load shall not exceed one-quarter of proof test load of fastening devices.
B. Use pipe straps or individual conduit hangers for supporting individual conduits.
C. Support multiple conduits run with trapeze hangers. Use trapeze hangers that are
designed to support a load equal to or greater than the sum of the weights of the conduits,
wires, hanger itself, and an additional 200 lbs. Attach each conduit with U-bolts or other
approved fasteners.
D. Support conduit independently of junction boxes, pull-boxes, fixtures, suspended ceiling
T-bars, angle supports, and similar items.
E. Hollow Masonry: Toggle bolts.
F. Bolts supported only by plaster or gypsum wallboard are not acceptable.
G. Metal Structures: Use machine screw fasteners or other devices specifically designed and
approved for the application.
H. Attachment by wood plugs, rawl plug, plastic, lead or soft metal anchors, or wood
blocking and bolts supported only by plaster is prohibited.
I. Chain, wire, or perforated strap shall not be used to support or fasten conduit.
J. Spring steel type supports or fasteners are prohibited for all uses except horizontal and
vertical supports/fasteners within walls.
K. Vertical Supports: Vertical conduit runs shall have riser clamps and supports in
accordance with the NEC and as shown. Provide supports for cable and wire with fittings
that include internal wedges and retaining collars.
Lowell Housing Authority Mercier Center
HVAC Renovations
JN: 13182.001 26 05 33-8 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS
3.9 BOX INSTALLATION
A. Boxes for Concealed Conduits:
1. Flush-mounted.
2. Provide raised covers for boxes to suit the wall or ceiling, construction, and
finish.
B. In addition to boxes shown, install additional boxes where needed to prevent damage to
cables and wires during pulling-in operations or where more than the equivalent of four-
90-degree bends are necessary.
C. Locate pullboxes so that covers are accessible and easily removed. Coordinate locations
with piping and ductwork where installed above ceilings.
D. Remove only knockouts as required. Plug unused openings. Use threaded plugs for cast
metal boxes and snap-in metal covers for sheet metal boxes.
E. Outlet boxes mounted back-to-back in the same wall are prohibited. A minimum 24-inch
center-to-center lateral spacing shall be maintained between boxes.
F. Flush-mounted wall or ceiling boxes shall be installed with raised covers so that the front
face of raised cover is flush with the wall. Surface-mounted wall or ceiling boxes shall be
installed with surface-style flat or raised covers.
F. Ginimum size of outlet boxes for ground fault circuit interrupter (GFCI) receptacles is 4
inches square x 2.125 inches deep, with device covers for the wall material and thickness
involved.
H. On all branch circuit junction box covers, identify the circuits with black marker.
-- End of Section --
Lowell Housing Authority Mercier Center
HVAC Renovations
JN: 13182.001 26 05 53-1 IDENTIFICATION FOR ELECTRICAL SYSTEMS
SECTION 26 0553
IDENTIFICATION FOR ELECTRICAL SYSTEMS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Division 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS and
applicable parts of Division 01 - GENERAL REQUIREMENTS, as listed in the Table of
Contents, shall be included in and made a part of this Section.
1.2 SUMMARY
A. Section Includes:
1. Identification for raceways.
2. Identification of power and control cables.
3. Identification for conductors.
4. Underground-line warning tape.
5. Warning labels and signs.
6. Instruction signs.
7. Equipment identification labels, including arc-flash warning labels.
8. Miscellaneous identification products.
1.3 SUBMITTALS
A. Product Data: For each type of product.
1. Include construction details, material descriptions, dimensions of individual
components and profiles, and finishes for electrical identification products.
B. Samples: For each type of label and sign to illustrate composition, size, colors, lettering
style, mounting provisions, and graphic features of identification products.
C. Identification Schedule: For each piece of electrical equipment and electrical system
components to be an index of nomenclature for electrical equipment and system
components used in identification signs and labels. Use same designations indicated on
Drawings.
D. Delegated-Design Submittal: For arc-flash hazard study.
PART 2 - PRODUCTS
2.1 PERFORMANCE REQUIREMENTS
A. Comply with ASME A13.1 and IEEE C2.
B. Comply with NFPA 70.
C. Comply with 29 CFR 1910.144 and 29 CFR 1910.145.
D. Comply with ANSI Z535.4 for safety signs and labels.
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JN: 13182.001 26 05 53-2 IDENTIFICATION FOR ELECTRICAL SYSTEMS
E. Adhesive-attached labeling materials, including label stocks, laminating adhesives, and
inks used by label printers, shall comply with UL 969.
F. Thermal Movements: Allow for thermal movements from ambient and surface temperature
changes.
1. Temperature Change: 120 deg F, ambient; 180 deg F, material surfaces.
2.2 COLOR AND LEGEND REQUIREMENTS
A. Raceways and Cables Carrying Circuits at 600 V or Less:
1. Provide per legend on the construction drawings.
B. Warning labels and signs shall include, but are not limited to, the following legends:
1. Multiple Power Source Warning: "DANGER - ELECTRICAL SHOCK HAZARD
- EQUIPMENT HAS MULTIPLE POWER SOURCES."
2. Workspace Clearance Warning: "WARNING - OSHA REGULATION - AREA
IN FRONT OF ELECTRICAL EQUIPMENT MUST BE KEPT CLEAR FOR 36
INCHES."
2.3 LABELS
A. Vinyl Labels for Raceways Carrying Circuits at 600 V or Less: Preprinted, flexible labels
laminated with a clear, weather- and chemical-resistant coating and matching wraparound
clear adhesive tape for securing label ends.
B. Self-Adhesive Labels:
1. Preprinted, 3-mil-thick, polyester flexible label with acrylic pressure-sensitive
adhesive.
a. Self-Lamination: Clear; UV-, weather- and chemical-resistant; self-
laminating, protective shield over the legend. Labels sized to fit the cable
and/or raceway diameter, such that the clear shield overlaps the entire
printed legend.
2. Polyester, thermal, transfer-printed, 3-mil-thick, multicolor, weather- and UV-
resistant, pressure-sensitive adhesive labels, configured for display on front cover,
door, or other access to equipment unless otherwise indicated.
a. Nominal Size: 3.5-by-5-inch.
3. Marker for Tags: Permanent, waterproof, black ink marker recommended by tag
manufacturer.
4. Marker for Tags: Machine-printed, permanent, waterproof, black ink
recommended by printer manufacturer.
2.4 TAPES AND STENCILS:
A. Marker Tapes: Vinyl or vinyl-cloth, self-adhesive wraparound type, with circuit
identification legend machine printed by thermal transfer or equivalent process.
B. Self-Adhesive Vinyl Tape: Colored, heavy duty, waterproof, fade resistant; not less than 3
mils thick by 1 to 2 inches wide; compounded for outdoor use.
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JN: 13182.001 26 05 53-3 IDENTIFICATION FOR ELECTRICAL SYSTEMS
C. Tape and Stencil for Raceways Carrying Circuits 600 V or Less: 4-inch-wide black stripes
on 10-inch centers placed diagonally over orange background that extends full length of
raceway or duct and is 12 inches wide. Stop stripes at legends.
D. Floor Marking Tape: 2-inch-wide, 5-mil pressure-sensitive vinyl tape, with yellow and
black stripes and clear vinyl overlay.
E. Stenciled Legend: In nonfading, waterproof, black ink or paint. Minimum letter height shall
be 1 inch.
2.5 CABLE TIES
A. Manufacturers: Subject to compliance with requirements, provide products by one of the
following:
1. Ideal Industries, Inc.
2. Marking Services, Inc.
3. Panduit Corporation.
B. General-Purpose Cable Ties: Fungus inert, self-extinguishing, one piece, self-locking,
Type 6/6 nylon.
1. Minimum Width: 3/16 inch.
2. Tensile Strength at 73 deg F according to ASTM D 638: 12,000 psi.
3. Temperature Range: Minus 40 to plus 185 deg F.
4. Color: Black, except where used for color-coding.
C. UV-Stabilized Cable Ties: Fungus inert, designed for continuous exposure to exterior
sunlight, self-extinguishing, one piece, self-locking, Type 6/6 nylon.
1. Minimum Width: 3/16 inch.
2. Tensile Strength at 73 deg F according to ASTM D 638: 12,000 psi.
3. Temperature Range: Minus 40 to plus 185 deg F.
4. Color: Black.
2.6 MISCELLANEOUS IDENTIFICATION PRODUCTS
A. Paint: Comply with requirements in painting Sections for paint materials and application
requirements. Retain paint system applicable for surface material and location (exterior or
interior).
B. Fasteners for Labels and Signs: Self-tapping, stainless-steel screws or stainless-steel
machine screws with nuts and flat and lock washers.
PART 3 - EXECUTION
3.1 PREPARATION
A. Self-Adhesive Identification Products: Before applying electrical identification products,
clean substrates of substances that could impair bond, using materials and methods
recommended by manufacturer of identification product.
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JN: 13182.001 26 05 53-4 IDENTIFICATION FOR ELECTRICAL SYSTEMS
3.2 INSTALLATION
A. Verify and coordinate identification names, abbreviations, colors, and other features with
requirements in other Sections requiring identification applications, Drawings, Shop
Drawings, manufacturer's wiring diagrams, and operation and maintenance manual. Use
consistent designations throughout Project.
B. Install identifying devices before installing acoustical ceilings and similar concealment.
C. Verify identity of each item before installing identification products.
D. Install identification materials and devices at locations for most convenient viewing
without interference with operation and maintenance of equipment. Install access doors or
panels to provide view of identifying devices.
E. Apply identification devices to surfaces that require finish after completing finish work.
F. Attach signs and plastic labels that are not self-adhesive type with mechanical fasteners
appropriate to the location and substrate.
G. Attach plastic raceway and cable labels that are not self-adhesive type with clear vinyl tape,
with adhesive appropriate to the location and substrate.
H. Cable Ties: For attaching tags. Use general-purpose type, except as listed below:
1. Outdoors: UV-stabilized nylon.
I. Painted Identification: Comply with requirements in painting Sections for surface
preparation and paint application.
J. Aluminum Wraparound Marker Labels and Metal Tags: Secure tight to surface of
conductor or cable at a location with high visibility and accessibility.
K. System Identification Color-Coding Bands for Raceways and Cables: Each color-coding
band shall completely encircle cable or conduit. Place adjacent bands of two-color
markings in contact, side by side. Locate bands at changes in direction, at penetrations of
walls and floors, at 50-foot maximum intervals in straight runs, and at 25-foot maximum
intervals in congested areas.
3.3 IDENTIFICATION SCHEDULE
A. Accessible Raceways, Armored and Metal-Clad Cables, More Than 600 V: Self-adhesive
vinyl labels. Install labels at 30-foot maximum intervals.
B. Accessible Raceways and Metal-Clad Cables, 600 V or Less, for Service, Feeder, and
Branch Circuits, More Than 30 A and 120 V to Ground: Identify with self-adhesive vinyl
tape applied in bands. Install labels at 30-foot maximum intervals.
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HVAC Renovations
JN: 13182.001 26 05 53-5 IDENTIFICATION FOR ELECTRICAL SYSTEMS
C. Power-Circuit Conductor Identification, 600 V or Less: For conductors in vaults, pull and
junction boxes, manholes, and handholes, use color-coding conductor tape to identify the
phase.
1. Color-Coding for Phase- and Voltage-Level Identification, 600 V or Less: Use
colors listed below for ungrounded service, feeder, and branch-circuit conductors.
a. Color shall be factory applied or field applied for sizes larger than No. 8
AWG if authorities having jurisdiction permit.
b. Colors for 208/120-V Circuits:
1) Phase A: Black.
2) Phase B: Red.
3) Phase C: Blue.
c. Field-Applied, Color-Coding Conductor Tape: Apply in half-lapped turns
for a minimum distance of 6 inches from terminal points and in boxes
where splices or taps are made. Apply last two turns of tape with no tension
to prevent possible unwinding. Locate bands to avoid obscuring factory
cable markings.
D. Control-Circuit Conductor Identification: For conductors and cables in pull and junction
boxes, manholes, and handholes, use self-adhesive vinyl labels with the conductor or cable
designation, origin, and destination.
E. Control-Circuit Conductor Termination Identification: For identification at terminations,
provide self-adhesive vinyl labels with the conductor designation.
F. Conductors To Be Extended in the Future: Attach write-on-tags to conductors and list
source.
G. Auxiliary Electrical Systems Conductor Identification: Identify field-installed alarm,
control, and signal connections.
1. Identify conductors, cables, and terminals in enclosures and at junctions, terminals,
and pull points. Identify by system and circuit designation.
2. Use system of marker-tape designations that is uniform and consistent with system
used by manufacturer for factory-installed connections.
3. Coordinate identification with Project Drawings, manufacturer's wiring diagrams,
and operation and maintenance manual.
H. Workspace Indication: Install floor marking tape to show working clearances in the
direction of access to live parts. Workspace shall comply with NFPA 70 and 29 CFR
1926.403 unless otherwise indicated. Do not install at flush-mounted panelboards and
similar equipment in finished spaces.
I. Warning Labels for Indoor Cabinets, Boxes, and Enclosures for Power and Lighting:
Baked-enamel warning signs.
1. Comply with 29 CFR 1910.145.
2. Identify system voltage with black letters on an orange background.
3. Apply to exterior of door, cover, or other access.
4. For equipment with multiple power or control sources, apply to door or cover of
equipment, including, but not limited to, the following:
a. Power-transfer switches.
b. Controls with external control power connections.
Lowell Housing Authority Mercier Center
HVAC Renovations
JN: 13182.001 26 05 53-6 IDENTIFICATION FOR ELECTRICAL SYSTEMS
J. Operating Instruction Signs: Install instruction signs to facilitate proper operation and
maintenance of electrical systems and items to which they connect. Install instruction signs
with approved legend where instructions are needed for system or equipment operation.
K. Equipment Identification Labels: On each unit of equipment, install unique designation
label that is consistent with wiring diagrams, schedules, and operation and maintenance
manual. Apply labels to disconnect switches and protection equipment, central or master
units, control panels, control stations, terminal cabinets, and racks of each system. Systems
include power, lighting, control, communication, signal, monitoring, and alarm unless
equipment is provided with its own identification.
1. Labeling Instructions:
a. Indoor Equipment: Self-adhesive label. Unless otherwise indicated,
provide a single line of text with 1/2-inch-high letters on 1-1/2-inch-high
label; where two lines of text are required, use labels 2 inches high.
b. Outdoor Equipment: Engraved, laminated acrylic or melamine label.
c. Elevated Components: Increase sizes of labels and letters to those
appropriate for viewing from the floor.
d. Unless labels are provided with self-adhesive means of attachment, fasten
them with appropriate mechanical fasteners that do not change the NEMA
or NRTL rating of the enclosure.
2. Equipment To Be Labeled:
a. Panelboards: Typewritten directory of circuits in the location provided by
panelboard manufacturer. Panelboard identification shall be in the form of
a self-adhesive, engraved, laminated acrylic or melamine label.
b. Enclosures and electrical cabinets.
c. Access doors and panels for concealed electrical items.
d. Enclosed switches.
e. Enclosed circuit breakers.
f. Enclosed controllers.
g. Push-button stations.
h. Contactors.
i. Monitoring and control equipment.
-- End of Section --
Lowell Housing Authority Mercier Center
HVAC Renovations
JN:13182.001 26 29 21-1 ENCLOSED SWITCHES AND CIRCUIT BREAKERS
SECTION 26 29 21
ENCLOSED SWITCHES AND CIRCUIT BREAKERS
PART 1 - GENERAL
1.1 DESCRIPTION
A. This section specifies the furnishing, installation, and connection of fused and unfused
disconnect switches (indicated as switches in this section), and separately enclosed circuit
breakers for use in electrical systems rated 600 V and below.
1.2 RELATED WORK
A. Section 26 05 11, Requirements for Electrical Installations: Requirements that apply to
all sections of Division 26.
B. Section 26 05 19, Low-Voltage Electrical Power Conductors and Cables: Low-voltage
conductors.
C. Section 26 05 26, Grounding and Bonding for Electrical Systems: Requirements for
personnel safety and to provide a low impedance path for possible ground faults.
D. Section 26 05 33, Raceway and Boxes for Electrical Systems: Conduits.
1.3 SUBMITTALS
A. Submit six copies of the following in accordance with Section 26 05 11, Requirements
for Electrical Installations.
1. Shop Drawings:
a. Submit sufficient information to demonstrate compliance with drawings
and specifications.
b. Submit the following data for approval:
1) Electrical ratings, dimensions, mounting details, materials,
required clearances, terminations, weight, fuses, circuit breakers,
wiring and connection diagrams, accessories, and device
nameplate data.
2. Manuals:
a. Submit complete maintenance and operating manuals including technical
data sheets, wiring diagrams, and information for ordering fuses, circuit
breakers, and replacement parts.
1) Include schematic diagrams, with all terminals identified,
matching terminal identification in the enclosed switches and
circuit breakers.
2) Include information for testing, repair, troubleshooting,
assembly, and disassembly.
B. See Section 26 05 11, Requirements for Electrical Installations, Article 1.12 Submittals
for further requirements.
Lowell Housing Authority Mercier Center
HVAC Renovations
JN:13182.001 26 29 21-2 ENCLOSED SWITCHES AND CIRCUIT BREAKERS
C. See Section 260511, Requirements for Electrical Installations, Article 1.6 Quality
Assurance for further requirements.
1.4 APPLICABLE PUBLICATIONS
A. 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.
B. International Code Council (ICC):
IBC-12 .......................... International Building Code
C. National Electrical Manufacturers Association (NEMA):
FU l-07 .......................... Low Voltage Cartridge Fuses
KS l-06 .......................... Enclosed and Miscellaneous Distribution Equipment Switches
(600 Volts Maximum)
D. National Fire Protection Association (NFPA):
70-11 ............................. National Electrical Code (NEC)
E. Underwriters Laboratories, Inc. (UL):
98-07 ............................. Enclosed and Dead-Front Switches
248-00 ........................... Low Voltage Fuses
489-09 ........................... Molded Case Circuit Breakers and Circuit Breaker Enclosures
PART 2 - PRODUCTS
2.1 FUSED SWITCHES RATED 600 AMPERES AND LESS
A. Switches shall be in accordance with NEMA, NEC, UL, as specified, and as shown on
the drawings.
B. Shall be NEMA classified General Duty (GD) for 240 V switches, and NEMA classified
Heavy Duty (HD) for 240 V switches.
C. Shall be horsepower (HP) rated.
D. Shall have the following features:
1. Switch mechanism shall be the quick-make, quick-break type.
2. Copper blades, visible in the open position.
3. An arc chute for each pole.
4. External operating handle shall indicate open and closed positions and have
lock-open padlocking provisions.
5. Mechanical interlock shall permit opening of the door only when the switch is in
the open position, defeatable to permit inspection.
6. Fuse holders for the sizes and types of fuses specified.
7. Solid neutral for each switch being installed in a circuit which includes a neutral
conductor.
8. Ground lugs for each ground conductor.
9. Enclosures:
a. Shall be the NEMA types shown on the drawings.
Lowell Housing Authority Mercier Center
HVAC Renovations
JN:13182.001 26 29 21-3 ENCLOSED SWITCHES AND CIRCUIT BREAKERS
b. Where the types of switch enclosures are not shown, they shall be the
NEMA types most suitable for the ambient environmental conditions.
c. Shall be finished with manufacturer’s standard gray baked enamel paint
over pretreated steel.
2.2 UNFUSED SWITCHES RATED 600 AMPERES AND LESS
A. Shall be the same as fused switches, but without provisions for fuses.
2.4 MOTOR RATED TOGGLE SWITCHES
A. Type 1, general purpose for single-phase motors rated up to 1 horsepower.
B. Quick-make, quick-break toggle switch with external reset button and thermal overload
protection matched to nameplate full-load current of actual protected motor.
2.5 SEPARATELY ENCLOSED CIRCUIT BREAKERS
A. Enclosures shall be the NEMA types shown on the drawings. Where the types are not
shown, they shall be the NEMA type most suitable for the ambient environmental
conditions.
PART 3 - EXECUTION
3.1 INSTALLATION
A. Installation shall be in accordance with the manufacturer’s instructions, the NEC, as
shown on the drawings, and as specified.
B. Fused switches shall be furnished complete with fuses. Arrange fuses such that rating
information is readable without removing the fuses.
3.2 ACCEPTANCE CHECKS AND TESTS
A. Perform in accordance with the manufacturer's recommendations. In addition, include
the following:
1. Visual Inspection and Tests:
a. Compare equipment nameplate data with specifications and approved
shop drawings.
b. Inspect physical, electrical, and mechanical condition.
c. Verify tightness of accessible bolted electrical connections by calibrated
torque-wrench method.
d. Vacuum-clean enclosure interior. Clean enclosure exterior.
3.3 SPARE PARTS
A. Two weeks prior to the final inspection, furnish one complete set of spare fuses for each
fused disconnect switch installed on the project. Deliver the spare fuses to the Owner.
-- End of Section --
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2020.11.10
JNB JMM
JMM JMM
13182.001
M001
BALL VALVE WITHPRESSURE TESTPORT
UNITDIRT POCKETMIN. 6"
N.T.S.
GAS PIPING DETAIL
GROUND JOINTUNION
REMOTEPRESSURE
TRANSDUCER
CONSTANTPRESSURE/AIRFLOWCONTROL - INTEGRAL
TRANSDUCER
FACTORYMOUNTED
TRANSFORMER
DUCT MOUNTEDCARBON DIOXIDESENSOR
JADE W7220CONTROLLER WITHDEMAND CONTROL
VENTILATION
N.T.S.
GF-1 CONTROL SCHEMATIC
LEGEND
EA EXHAUST AIRSA SUPPLY AIR
RA RETURN AIR
RETURN RISE/DROP
SUPPLY RISE/DROP
GENERAL MECHANICAL NOTES1) THE WARRANTY PERIOD FOR WORKMANSHIP, SYSTEMS, AND EQUIPMENT PERFORMANCE SHALL COVER
A FULL HEATING SEASON AND A FULL COOLING SEASON. CONTRACTOR SHALL PROVIDE ALL MATERIALAND LABOR TO RECTIFY ANY ISSUES DURING THIS WARRANTY PERIOD AT NO ADDITIONAL COST TO THEOWNER.
2) IT IS THE INTENT OF THESE DRAWINGS TO SHOW COMPLETE AND FUNCTIONAL SYSTEMS THAT ARE INCOMPLIANCE WITH ALL INDUSTRY STANDARDS AND APPLICABLE CODES. ANY DISCREPANCIES SHOULDBE BROUGHT TO THE ENGINEER'S ATTENTION.
3) ALL MECHANICAL SYSTEMS WORK SHALL BE IN ACCORDANCE WITH ALL FEDERAL, STATE AND LOCALAUTHORITIES HAVING JURISDICTION AND ALL APPLICABLE CODES. ALL WORK SHALL CONFORM TOEQUIPMENT MANUFACTURER'S INSTRUCTIONS AND INDUSTRY STANDARDS.
4) ALL WORKMANSHIP SHALL BE OF THE HIGHEST STANDARDS. INSTALL ALL WORK IN A NEAT, SYSTEMATICAND ORDERLY ARRANGEMENT. ALL MATERIAL SHALL BE NEW AND OF THE BEST QUALITY AVAILABLE;FREE FROM DEFECTS. THE CONTRACTOR SHALL GUARANTEE THE MATERIALS AND INSTALLATION FORONE YEAR FROM THE PROJECT ACCEPTANCE DATE AGAINST ANY DEFECTS DUE TO FAULTY MATERIALS,EQUIPMENT, WORKMANSHIP, OR INSTALLATION. UPON NOTICE OF THE DEFECT, THE CONTRACTORSHALL REPLACE OR REPAIR THE DEFECTIVE ITEM AT NO ADDITIONAL COST.
5) THE CONTRACTOR SHALL VISIT THE JOB SITE TO VERIFY ALL EXISTING FIELD CONDITIONS. DIMENSIONSAND OBSTRUCTIONS PRIOR TO BID.
6) ALL PIPING AND DUCTWORK IS SHOWN DIAGRAMMATICALLY. PIPING AND SYSTEMS SHALL FOLLOWARRANGEMENT AS MUCH AS POSSIBLE, HOWEVER, ACTUAL FIELD CONDITIONS SHALL DICTATE.CAREFULLY COORDINATE THE SPACE REQUIREMENTS AND LOCATIONS OF ALL DUCTWORK WITH ALLOTHER TRADES. GIVE PRIORITY TO GRAVITY DRAINAGE PIPING.
7) DO NOT SCALE DRAWINGS.
8) THE CONTRACTOR SHALL COORDINATE ALL WORK WITH THE WORK OF ALL OTHER TRADES. SHOULDANY DISCREPANCIES BE DISCOVERED IN ANY OF THE BID DOCUMENTS, (INCLUDING ALL OTHERDIVISIONS) THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ENGINEER BEFORE PROCEEDING ANYFURTHER WITH THE WORK, OTHERWISE THE CONTRACTOR SHALL BE HELD RESPONSIBLE FOR ALLCOST INVOLVED WITH THE CORRECTION OF THE CONSTRUCTION INSTALLATION.
9) ALL EQUIPMENT, DUCTWORK, PIPING, ETC. SHALL BE SUPPORTED FROM THE BUILDING'S STRUCTURALFRAME AND MEMBERS. ALL DUCT SIZES ARE NET DIMENSIONS AND DO NOT INCLUDE AND INSULATION,SUPPORT OR REINFORCEMENT DIMENSIONS. ALL WORK SHALL BE NEW UNLESS OTHERWISE NOTED ASEXISTING.
10) THE CONTRACTOR SHALL PERFORM TESTS ON ALL MECHANICAL SYSTEMS AS REQUIRED BY FEDERAL,STATE, AND LOCAL CODES AND REGULATIONS. ALL TESTS SHALL BE WITNESSED AND ACCEPTED BYTHE AUTHORITY HAVING JURISDICTION. THE CONTRACTOR SHALL PROVIDE ALL SERVICES ANDMATERIALS REQUIRED BY THE TEST AND CERTIFY IN WRITING THAT ALL WORK HAS PASSED ALLREQUIRED TESTS.
11) NEW AND EXISTING DUCTWORK, GRILLES, AND DIFFUSERS SHALL BE BALANCED AS INDICATED ON THEPLANS. COMPLETE WITH A WRITTEN REPORT BY AN INDEPENDENT AIR BALANCE FIRM WITH A MINIMUMOF 3 YEARS EXPERIENCE.
12) WHERE PIPES AND DUCTS PENETRATE WALLS OR FLOOR, THE SPACE BETWEEN THE STRUCTURE ANDTHE DUCT OR PIPE SHALL BE SEALED AIRTIGHT WITH AN APPROVED MATERIAL. PROVIDE FIRE STOPSAND/OR SEALANT AROUND ALL PENETRATIONS THAT HAVE A FIRE RATING GREATER THAN OR EQUAL TOTHE FIRE RATING OF THE WALL, FLOOR OR ENCLOSURE.
13) PROVIDE ACCESS PANELS FOR ALL VALVES, DAMPERS, CLEANOUTS, ETC. THAT REQUIRE ACCESS.
14) CONTRACTOR SHALL CLEAN INTERIOR OF ALL EXISTING DUCTWORK RELATING TO THE SYSTEM SHOWNON THE PLANS.
15) EQUIPMENT MANUFACTURERS SHOWN ON SCHEDULES ARE BASIS OF DESIGN. EQUIPMENT OF EQUALQUALITY FROM OTHER MANUFACTURERS IS ACCEPTABLE.
P
EF-1 WITHECM MOTOR
SERVICE SWITCH
115V
RELAY R-1
24VAC
GAS FURNACE
ACTUATORLINK
THERMOSTAT
GF-1
ACC
HEAT/COOL/FAN
N.T.S.
EXHAUST FAN , EF-1, CONTROL SCHEMATIC
EXHAUST FAN SCHEDULE
TAG MFG MODEL INSTALLATION DRIVE TYPE VOLUME(CFM)
TOTALEXTERNAL
SP
SONES(INLET) FAN RPM
ELECTRICALNOTES
BHP HP VOLTS / PH FLA
EF-1 GREENHECK SQ-065-VGA INLINE DIRECT 200 0.300 5.5 1,725 0.04 6-Jan 115 / 1 1.1 1,2
NOTES1. BACKDRAFT DAMPER2. VARI-GREEN CONSTANT PRESSURE CONTROLLER WITH REMOTE TRANSDUCER
GRILLE AND DIFFUSER SCHEDULETAG CFM NECK SIZE
(IN) TYPE MOUNTING DIRECTIONOF BLOW DEFLECTION S.P. IN.
W.C. MAX N.C. FINISH/COLOR MFR MODEL NOTES
EG-1 150 10x10 1/2x1/2x1/2 PERFORATED SURFACE N/A 0⁰ 0.02 20 N/A TITUS PAR 1
NOTES: SD - SUPPLY DIFFUSER1. MANUFACTURER, MODEL & COLOR TO MATCH EXISTING GRILLES SG - SUPPLY GRILLE
RG - RETURN GRILLEEG - EXHAUST GRILLETA - TRANSFER GRILLE
SPLIT AIR CONDITIONING SYSTEM SCHEDULEGAS FIRED AIR HANDLING UNIT SCHEDULE COOLING UNIT SCHEDULE CONDENSING UNIT SCHEDULE
TAG MANUFACTURER MODEL NOMINALCFM
SP IN.WG
OUTSIDEAIR RPM
GAS FURNACE ELECTRIC DX COOLINGTAG MFG MODEL
FAN COMPRESSORSNOTES
GAS TYPE STAGES MBH AFUE % MCA MOCP HP PH VOLTS DRIVE MFG MODEL NOM. TONS REFRIG. HP FLA QTY. TYPE VOLTS PHASE RLA LRA MCA MOCPGF-1 TRANE S9X2B060U4PSBA 868-1835 0.5 150 - NAT 2 60 96 10.9 15 0.75 1 120 DIRECT TRANE 4TXCC006DS3CA 4 R-410A ACC-1 TRANE 4TTA3048D3 0.2 1.2 1 SCROLL 208 3 13.6 83 18 30 1
NOTES:1. RUBBER ISOLATION KIT
FA OUTSIDE AIR
MISCELLANEOUS ABBREVIATIONSABBREV. DESIGNATION
HONEYWELLPRESTIGE 200/IAQ
ANCHOR
ACCESS DOOR
ABOVE FINISHED FLOOR
AIR PRESSURE DROP
AVERAGE WATER TEMPERATURE
BAROMETRIC DAMPER
BACKDRAFT DAMPER
BOTTOM OF STEEL
BRITISH THERMAL UNITS
BRICK VENT
COOLING CONDENSATE DRAINAGE
CUBIC FEET PER MINUTE
DRAIN
DRY BULB
ENTERING AIR TEMP.
ECCENTRIC
ELEVATION
ENTERING WATER TEMPERATURE
FRESH AIR
FLEXIBLE CONNECTION
FIRE DAMPER
FULL LOAD AMPS
GALLONS PER MINUTE
HORSEPOWER
HEATING, VENTILATING& AIR CONDITIONING
HOT WATER BASEBOARD
HERTZ
LEAVING AIR TEMP.
LINEAL FEET
LOCKED ROTOR AMPS
LOW WATER CUT-OFF
LEAVING WATER TEMPERATURE
MAXIMUM
THOUSAND BRITISH THERMALUNITS PER HOUR
MANUAL DAMPER
MINIMUM
MOTOR OPERATED DAMPER
MANUAL VENT
NORMALLY CLOSED
OUTSIDE AIR
OIL SAFETY VALVE
PRESSURE DROP
RUN IN COVER
REVOLUTIONS PER MINUTE
STATIC PRESSURE
TOP OF STEEL
TURNING VANES
TYPICAL
UNLESS NOTED OTHERWISE
VENT
VOLUME DAMPER
WITH
WET BULB
ZONE DAMPER
EXISTING TO REMAIN
EXISTING RELOCATED
NEW TO REPLACE EXISTINGIN EXISTING LOCATION
EXISTING TO BE REMOVED
REMOVE & RELOCATE EXISTING
RADIANT ZONE
RADIANT ZONE MANIFOLD
A
AD
AFF
APD
AWT
BD
BDD
BOS
BTU
BV
CD
CFM
D
DB
EAT
ECC
EL
EWT
FA
FC
FD
FLA
GPM
HP
HVAC
HWBB
HZ
LAT
LF
LRA
LWCO
LWT
MAX
MBH
MD
MIN
MOD
MV
N.C.
OA
OSV
PD
RIC
RPM
SP
TOS
TV
TYP.
U.N.O.
V
VD
W/
WB
ZD
E
ER
NR
R
RR
RZ
RZM
NATURAL GASNG
VENT THRU ROOFVTR
CARBON DIOXIDE SENSORC
PRESSURE SENSORP
THERMOSTATT
750S2
DIFFUSER, REGISTER OR GRILLE TAG
CFM AIR FLOW
S SMOKE DETECTOR
EXISTING GAS PIPINGABOVE CEILING
1"Ø
RELAYR-1
OCCUPIED STATUS INPUT
RELAY R-1
N.O.N.O.
C
24VAC IN FROM OCCUPIEDTERMINAL ON T-STAT
C
0-10VACFROM EF-1
CONTROLLER
0-10VAC OUT TOEF-1 MOTOR
24VAC
24VAC TO JADECONTROLLER
OCCUPIED INPUT
FANEF-1
C
RA
SAOA
MIXED AIR SENSOR
SEQUENCE OF OPERATIONS:GF-1 AND EF-1GF-1 SHALL OPERATE FROM ITS OWN THERMOSTAT (2 STAGE HEAT/1 STAGE COOL) WITH HEAT/COOL ANDOCCUPIED/UNOCCUPIED AUTO CHANGEOVER.
DURING OCCUPIED MODE: THERMOSTAT SIGNALS GF-1 FAN TO OPERATE AND SIGNALS JADE CONTROL TO MODULATEOUTSIDE/RETURN AIR DAMPERS BASED ON INPUT OF CO2 SENSOR. ADJUST DAMPER/ACTUATOR FOR 25 CFM WHEN C02IS 0 PPM AND 200 CFM WHEN C02 IS 2000 PPM. THE THERMOSTAT SHALL POWER A NORMALLY OPEN, FIELD INSTALLEDRELAY TO OPERATE EF-1. EF-1 SHALL MODULATE TO MAINTAIN CONSTANT ROOM PRESSURE VIA CONSTANT PRESSURECONTROL/REMOTE PRESSURE SENSOR.
DURING UNOCCUPIED MODE: THERMOSTAT SHALL MAINTAIN HEATING AND COOLING SETPOINTS. EXHAUST FAN EF-1 ISDISABLED, OA DAMPER IS CLOSED.
HEATING: ON A CALL FOR HEATING, THERMOSTAT SHALL SIGNAL GF-1 TO INITIATE 1ST STAGE OF HEATING. IFTEMPERATURE CONTINUES TO DROP WHILE IN 1ST STAGE, THERMOSTAT SHALL SIGNAL GF-1 TO INITIATE 2ND STAGEHEATING.
COOLING: ON A CALL FOR COOLING, THERMOSTAT SHALL SIGNAL GF-1/ACC-1 FOR MECHANICAL COOLING.
FREEZE PROTECTION: WHEN MIXED AIR TEMPERATURE FALLS BELOW THE SETPOINT THE OUTSIDE AIR DAMPER SHALLCLOSE.
SMOKE DETECTION: UPON ACTIVATION, THE EXISTING DUCT MOUNTED SMOKE DETECTOR SHALL SHUT DOWN THE FANAND CLOSE OUTSIDE AIR DAMPER.
RETURN/EXHAUST AIR GRILLE
SUPPLY/OUTSIDE AIR DIFFUSER
OA
SD
DUCT SMOKE DETECTOR
DUCT HEATER SCHEDULETAG MANUFACTURER MODEL INPUT MBH OUTPUT MBH ELECTRICAL REMARKSV A PHDH-1 REZNOR EEDU225 225 180 120 2 1 1
1. CONNECT INTO EXISTING VENT THRU ROOF AND CONTROLS
18x14 SA
14x6
SA
10x6 SA 18x14 SA
14x6
SA
8x6
SA
8x6 SA
18x1
4 SA
22x1
4 SA
24x12 RA
6x6
RA
8x6 SA
18x1
4 SA
WH-1
8x6 SA
10x6 SA
14x1
6 SA
14x16 SA
FD
WH-1
MD1011
1/4" = 1'-0"
HVAC DEMO PLAN
M
24x1
2 R
A
EXISTING LOUVER TO REMAIN
REMOVE EXISTINGREFRIGERATION LINES ANDREPLACE WITH NEW, LINESRUN IN BASEMENTELECTRICAL ROOM BELOW
S
1
2
3
4
5
5
EXISTING CONDENSER TO BEREMOVED AND REPLACEDWITH NEW
EXISTING AHU TO BEREMOVED AND REPLACED
EXISTING EXHAUST FANLOCATED IN ATTIC SPACE
TO OUTDOORS
6
MD1012
EXISTING GAS REGULATOR VENT
EXISTING GAS REGULATOR
MD1013
SD
PORTION OF DUCT TO BE REMOVEDFOR NEW FAN CONNECTION
EXISTING HP-5 TOBE REMOVED
REMOVE PORTION OF RADUCT AS REQUIRED FORCONNECTION TO NEW GF-1
EXISTING ACTUATORTO BE REPLACEDWITH NEW
REMOVE EXISTING CEILINGMOUNTED GRILLE
EXISTING DUCT HEATERTO BE REMOVED
ROOF
CEILING
MD1012
NTS
AHU F-5 ROOM DEMO SECTION
EXISTING EXHAUST FAN TO BEREMOVED AND REPLACE WITH GRILLE
CEILING
8x6 EA
FROM OTHEREXHAUST FAN
REMOVE EXISTING FLEXDUCT FROM FAN IN ATTIC SOFAR AS PRACTICAL FOR NEWCONNECTION LOCATION
REMOVE PORTION OF DUCTFOR NEW IN-LINE FAN
MD1013
NTS
EXHAUST DUCT DEMO SECTION
NUMBERED DEMO NOTESCONTRACTOR SHALL REMOVE EXISTING CEILING ASREQUIRED TO COMPLETE NEW WORK.
CONTRACTOR TO REMOVE THE EXISTING IN-LINE DUCTHEATER AND ALL ASSOCIATED ELECTRICALCOMPONENTS/CABLES BACK TO THE PANEL.
CONTRACTOR SHALL REMOVE THE EXISTING ACTUATORFROM THE FRESH AIR DAMPER TO REPLACE WITH NEW.
CONTRACTOR SHALL REMOVE THE CEILING MOUNTEDGRILLE ABOVE THE RETURN AIR DUCT.
EXISTING EXHAUST FAN TO BE REMOVED AND REPLACEDWITH RETURN GRILLE. REMOVE ALL ASSOCIATEDELECTRICAL COMPONENTS/CABLES BACK TO THE PANEL.
CONTRACTOR SHALL REMOVE EXISTING FLEX DUCT SOFAR AS PRACTICAL AND TEE AS WELL AS A PORTION OFTHE EA DUCT TO INSTALL AN IN-LINE FAN.
1
2
3
4
5
6
GENERAL NOTES:
1. ALL MECHANICAL INFORMATION SHOWN IS FROM EXISTINGDRAWINGS AND FIELD NOTES AND IS TO BE USED AS A GUIDEFOR EQUIPMENT LOCATION. CONTRACTOR SHALL VISIT THESITE TO VERIFY EXISTING CONDITIONS PRIOR TO SUBMISSIONOF BID. NO ADDITIONAL COMPENSATION SHALL BECONSIDERED FOR FAILURE TO OBSERVE THIS REQUIREMENT.
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2020.11.10
JNB JMM
JMM JMM
13182.001
MD101
NTS
KEY PLAN
NUMBERED DEMO NOTESCONTRACTOR TO REMOVE THE EXISTING IN-LINE DUCTHEATER AND REPLACE WITH NEW, CIRCUITING,CONTROLS, NG LINE & VENT TO REMAIN.
CONTRACTOR SHALL CAP END OF RA/OA DUCT OPEN TOATTIC SPACE.
1
2
GENERAL NOTES:
1. ALL MECHANICAL INFORMATION SHOWN IS FROM EXISTINGDRAWINGS AND FIELD NOTES AND IS TO BE USED AS A GUIDEFOR EQUIPMENT LOCATION. CONTRACTOR SHALL VISIT THESITE TO VERIFY EXISTING CONDITIONS PRIOR TO SUBMISSIONOF BID. NO ADDITIONAL COMPENSATION SHALL BECONSIDERED FOR FAILURE TO OBSERVE THIS REQUIREMENT.
20x1
2 R
A
30x1
4 SA
40x1
4 SA
12x12 SA
14"Ø RA30
x14
RA
24x14 SA14x14 SA
14x6
SA
14x6
SA
14x14 SA
48x16" RA DROP
20x16 RA DROPTO GRILLE
20x16 RA DROPTO GRILLE
EXTERIOR WALL OFSHED DORMER
24x14 RA
24x1
4 R
A
32x1
0 O
A
32x10 OA
1
2
MD1022
EXISTING AHUF-4 TO REMAIN
EXISTING VENT THROUGHROOF TO REMAIN
ATTIC
MECH/STOR
SHED DORMER EXTERIOR WALL
ROOF
EXTERIOR WALL
1
2
RA OTHER SIDE OF DUCT
RA
OA
OA INTAKE
SA
RA
RA
MD1022
NTS
AHU F-4 ROOM DEMO SECTION
OPENING THIS SIDE OFDUCT
EXISTING AHU TO REMAIN
EXISTING VENT THROUGHROOF TO REMAIN
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2020.11.10
JNB JMM
JMM JMM
13182.001
MD102
NTS
KEY PLAN
MD1021
1/4" = 1'-0"
PROPOSED HVAC PLAN
RECONNECT DISCONNECTED FLEXDUCT INTO EXISTING DIFFUSER
18x14 SA
14x6
SA
10x6 SA 18x14 SA
14x6
SA
8x6
SA
8x6 SA
18x1
4 SA
22x1
4 SA
24x12 RA
8x6 SA
18x1
4 SA
WH-1
8x6 SA
10x6 SA
14x1
6 SA
14x16 SA
FD
WH-1
M
24x1
2 R
A
EXISTING LOUVER
L/S
L/S
L/S
L/S
L/S
CASED ALUMINUM COILAT FURNACE OUTLET
NEW GAS FIREDFURNACE WITHCOOLING COIL
NEW REFRIGERANT L/S LINES
NEW CONDENSING UNIT
6x6
RA
EXISTING EXHAUST FANLOCATED IN ATTIC SPACE
TO LOUVER
EF-1
M1011
1/4" = 1'-0"
PROPOSED HVAC PLAN
NEW FRESH AIRDAMPER ACTUATOR
320-
225-
695-
360-
180-
180-
130-
235-
235-
225-
160-
160-
M1012
TIE IN EXISTINGATTIC FAN AFTERNEW FAN USINGY-FITTING
GF-1
ACC-1
EXISTING GAS REGULATOR VENT
EXISTING REGULATOR
EXTEND GASREGULATOR VENT 3'-0"
CONCENTRICEXHAUST/INTAKETHROUGH ROOF
M1013
95-
50EG-1
150EG-1
JADE CONTROLLERVARI-GREEN CONTROLLER
1
1
1
T P
REMOTE PRESSURE TRANSDUCER
THERMOSTAT
BDD
BDD
VD
VD
M
NEW CASEDCOOLING COIL
NEW GAS FURNACE
NEW DAMPER ACTUATOR
EXISTING OA LOUVER
EXTEND DUCT TO CEILING ANDTIE INTO RETURN DUCTWORK
NEW REFRIGERATIONL/S LINES TO NEWCONDENSING UNIT
GF-1
CONCENTRIC VENT/INTAKE
ROOF
CEILING
EXISTING RA DUCT TIEDINTO DUCT EXTENSION
NEW MERV 8 FILTER RACK
M1012
NTS
PROPOSED AHU F-5 ROOM SECTION
CONNECT TO EXISTINGGAS ABOVE CEILING,SEE GAS PIPE DETAILSHEET M001
CONDENSATE DRAIN WITHNEUTRALIZER TO EXISTING DRAIN4" HOUSEKEEPING PAD
C CARBON DIOXIDE SENSOR6x10 OA
EXISTING 32x10
12x2
4 R
A
M
COPPER ROOF
20x1
4 SA
CD
CONDENSATE DRAIN TO EXISTING DRAIN
EF-1
FLEX DUCT FROM FAN IN ATTIC,CONNECT INTO DUCT BEYONDNEW INLINE FAN
NEW EXHAUST GRILLE
M1013
NTS
PROPOSED EXHAUST DUCT SECTION
FROM OTHEREXHAUST FAN
CEILING
BDD BDD
NUMBERED NOTES:INSULATE NEW AND EXISTING RA RIGIDDUCTWORK.1
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FOR BID - NOT FORCONSTRUCTION
LHA
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TTS
PRO
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D H
VAC
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N F
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AH
U F
-5
1/4" = 1'-0"
2020.11.10
JNB JMM
JMM JMM
13182.001
M101
NTS
KEY PLAN
OPEN ENDCAPPED IN ATTIC
20x1
2 R
A
30x1
4 SA
40x1
4 SA
12x12 SA
14"Ø RA30
x14
RA
DROP CAPPED IN ATTIC SPACE
24x14 SA14x14 SA
14x6
SA
14x6
SA
14x14 SA
48x16" RA DROP
20x16 RA DROPTO GRILLE
20x16 RA DROPTO GRILLE
EXTERIOR WALL OFSHED DORMER
24x14 RA
24x1
4 R
A
32x1
0 O
A
32x10 OA
DH-1
M1022
EXISTING AHU F-4
NEW IN-LINE DUCT HEATER,USE EXISTING CIRCUITING,CONTROLS AND CONNECTINTO EXISTING NG PIPE,MODIFY DUCT AS REQUIREDFOR NEW WORK, REPLACEINSULATION AS REQUIRED
CONNECT INTO EXISTINGVENT THROUGH ROOF
ATTIC
MECH/STOR
SHED DORMER EXTERIOR WALL
ROOF
EXTERIOR WALL
RA OTHER SIDE OF DUCT
RA
OA
OA INTAKE
SA
RA
RA
M1022
NTS
AHU F-4 ROOM DEMO SECTION
CAPPED OPENING
NEW IN-LINE DUCT HEATER
DH-1
EXISTING AHU
EXISTING VENT THROUGH ROOF
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D H
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AH
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-4
1/4" = 1'-0"
2020.11.10
JNB JMM
JMM JMM
13182.001
M102
NTS
KEY PLAN
M1021
1/4" = 1'-0"
PROPOSED HVAC PLAN
EXISTING FLEX DUCT RECONNECTED INTO DIFFUSER
IG ISOLATED GROUND
TYPICALTYP
VOLTAGE TRANSFORMER
ROOT MEAN SQUARED
LIQUIDTIGHT FLEXIBLE METAL CONDUIT
MANUFACTURES ASSOCIATION
MOTOR CIRCUIT PROTECTORMOTOR CONTROL CENTER
NATIONAL ELECTRIC CODE
MAIN CIRCUIT BREAKER
RIGID METAL CONDUIT
POLYVINYL CHLORIDE
NORMALLY OPEN OR NUMBER
RIGID NON-METALLIC CONDUIT
PROVIDED UNDER OTHER SECTIONS
NATIONAL FIRE PROTECTION ASSOCIATION
NATIONAL ELECTRICAL
THERMAL MAGNETIC CIRCUIT BREAKER
UNDERGROUND OR UNDERGRADEUNDERWRITERS LABORATORIES
COL COLUMN
GALVANIZED RIGID METALLIC CONDUIT
EMERGENCY POWER OFF
HAND, OFF, AUTOMATIC SWITCH
INTERMEDIATE METAL CONDUIT
FLEXIBLE METAL CONDUIT
CONTROL POWER TRANSFORMER
ELECTRONIC ENGINEERS
CVRRENT TRANSFORMER
FULL LOAD AMPERES
ELECTRIC WATER COOLER
ELECTRICAL METALLIC TUBING
THOUSAND CIRCULAR MILS
GROUND OR GROUNDING
INSTITUTE OF ELECTRICAL AND
FLA
GRMCHOA
INTIMC
FMCFT
GND,G
IEEE
KCMIL
INTERLOCK
FEET
EPO
CPTCTCUDWGEFEMEMT
EWC
FAF
FIRE ALARM
EMERGENCY
FUSE
COPPERDRAWINGEXHAUST FAN
XFMRWP
VTWWH
UGULV
WEATHER PROOFTRANSFORMER
WYEPHASE
DELTA
WATER HEATERWIRE
VOLT
RMS
SYM
REQ'DQTYPWR
RMC
RTU
SW
TEL
RNMC
TMCB
SP
SYMMETRICAL
ROOF TOP UNIT
TELEPHONE
SPARESWITCH
REQUIREDQUANITYPOWER
AIR HANDLING UNIT
ABOVE FINISH GRADEABOVE FINISH FLOOR
BELOW FINISH GRADEAMERICAN WIRE GAUGE
CURRENT LIMITING FUSE
AUTHORITY HAVING JURISDICTION
CERTIFIED BALLASTS MANUFACTURERS
AUTOMATIC TEMPERTURE CONTROLAUTOMATIC TRANSFER SWITCH
AMERICAN NATIONAL STANDARDS INSTITUTE
AMPERE INTERRUPTING CAPACITY
AMERICANS WITH DISABILITIES ACT
ARCHATS
AWGATC
CAT
BFGBLDG
CBM
CLFCLCKT
CB
CCATALOG
CIRCUITCENTERLINE
CIRCUIT BREAKER
BUILDINGCONDUIT
ARCHITECT
ADAAFFAFGAHJAHUAICALANSI
A
ALUMINUM
AMPERES
MLO MAIN LUGS ONLY
NECNEMA
PNL
NTS
POSPVC
NFPANO
PBP
NC
PUSHBUTTON
NOT TO SCALE
PANEL
POLE
NORMALLY CLOSED
LFMC
KVAKWLTG
MCC
MISCMCP
MCBMC METAL CLAD CABLE
MISCELLANEOUS
LIGHTINGKILOWATTSKILOVOLT AMPERES
ØG.C. GENERAL CONTRACTORM.C. MECHANICAL CONTRACTORE.C. ELECTRICAL CONTRACTOR
GROUND FAULT CIRCUIT INTERRUPTERGFI
TAMPER PROOFTP
NL INDICATES NIGHT LIGHT FIXTURE TO BECONNECTED TO UNSWITCHED SOURCE,ENERGIZED 24 HOURS A DAY
UON UNLESS OTHERWISE NOTED
GENERAL ABBREVIATIONS
LP2A#1,3,5 HOMERUN TO PANEL "LP2A", CIRCUIT #1,3,5.PROVIDE GROUNDING CONDUCTOR INACCORDANCE WITH SPECIFICATIONS.
CIRCUITRY, RACEWAYS ANDFEEDERS LEGEND
TIMER
TIME CLOCK
EQUIPMENT LEGEND
HEAVY DUTY UNFUSEDDISCONNECT
SURFACED MOUNTED ELAPSED TIME CLOCKWITH FLUSH MOUNTED CONTROLLER MOUNTEDBELOW
LIGHTING CONTACTOR
AUTOMATIC DOOR PUSH BUTTON FURNISHED ANDINSTALLED BY OTHERS, WIRED BY THEELECTRICAL CONTRACTOR. VERIFY EXACTREQUIREMENTS WITH ARCHITECT PRIOR TOROUGHING-IN
PULL BOX - SIZE PER ELECTRIC CODE
CONTROL PANEL
VARIABLE FREQUENCY DRIVE
CONTACTOR
T
TC
CP
C
, JUNCTION BOX - CEILING AND WALL MOUNTEDRESPECTIVELY
JUNCTION BOX WITH CONNECT TO DEVICE
ET
LC
PB
MOTOR - NUMERAL DENOTES HORSEPOWER
30ATNF
10
208 3R
NEMA RATING(NEMA 1 UNLESS OTHERWISENOTED)
SWITCH SIZEVOLTAGE(SEE CIRCUITING FOR# OF POLES)
HEAVY DUTY FUSEDDISCONNECT
30AT20AF208 3R
NEMA RATING(NEMA 1 UNLESS OTHERWISENOTED)
SWITCH SIZE
VOLTAGE(SEE CIRCUITING FOR # OF POLES)
HEAVY DUTY FUSED MOTORSTARTER AND DISCONNECT
30AT20AF208 3R
NEMA RATING
(1)
TIME DELAY FUSE(INDICATES FUSE SIZED PERMANUFACTURERSRECOMMENDATIONS)
VOLTAGETIME DELAY FUSE
JJ
J
PB
IG ISOLATED GROUND
GROUND FAULT CIRCUIT INTERRUPTERGFI
FLUSH POKE-THRU FLOOR WITH DUPLEXRECEPTACLE, TELEPHONE/DATA OUTLETS ANDSERVICE FITTING. AS INDICATED
SPECIAL PURPOSE RECEPTACLE AS INDICATED ONPLANS (REFER TO SPECIAL PURPOSE RECEPTACLESCHEDULE)
SINGLE POLE, 20 AMP, TOGGLE SWITCHCONTROLLING LIGHTS `a'THREE WAY SWITCH (20 AMP)
FOUR WAY SWITCH (20 AMP)DIMMER SWITCHEMERGENCY SHUT-OFF SWITCHMANUAL MOTOR STARTER (THERMAL OVERLOADSWITCH)TOGGLE SWITCH WITH PILOT LIGHT (20 AMP)
KEYED TOGGLE SWITCH (20 AMP)
DUAL TECHNOLOGY WALL MOUNTED OCCUPANCYSENSOR (1) DENOTES SINGLE , (2) DENOTES DOUBLEPOLE. a LOWER CASE LETTER INDICATES SWITCHCONTROLLING
DIMMABLE OCCUPANCY SENSOR
TAMPERPROOF DUPLEX RECEPTACLE
POWER RECEPTACLE AS NOTED ON PLAN
DUPLEX RECEPTACLE 20AMP, 125VOLT CONNECTEDTO CIRCUIT #3, NORMAL POWERDUPLEX RECEPTACLE MOUNTED AT COUNTERHEIGHTQUADRAPLEX RECEPTACLE
3
TP
(1)S
D
a
3
4DE
M
P
K
#
CEILING MTD OCCUPANCY SENSOR
WIRELESS SYSTEM ANTENNA
LOW VOLTAGE SWITCH. ("X" DENOTES THE NUMBER OFZONE CONTROL BUTTONS ON THE SWITCH)L
(X)
a
USB - DUPLEX RECEPTACLE WITH TWO USB CHARGINGPORTSUSB
WIRING DEVICES LEGEND
OC
AUDIO AND VISUAL ALARM DEVICES SHALL BE MOUNTED80" ABOVE
FIRE ALARM CONTROL PANEL
SPRINKLER SYSTEM WATER FLOW SWITCH
SPRINKLER SYSTEM VALVE TAMPER SWITCH
MAGNETIC DOOR HOLDER/CLOSER
FIRE ALARM SYSTEM REMOTE ANNUNCIATOR PANEL
FIRE ALARM SYSTEM DUAL ACTION MANUAL PULLSTATION
FIRE ALARM SYSTEM COMBINATION 135°F FIXEDTEMPERATURE/ RATE OF RISE HEAT DETECTOR. `F'INDICATES 190°F FIXED TEMPERATURE.
FIRE ALARM SYSTEM SMOKE DETECTOR.
FIRE ALARM KEY BOX
FIRE ALARM SYSTEM LEGENDFIRE ALARM SYSTEM COMBINATION HORN/ADAAPPROVED STROBE LIGHT SIGNAL UNIT (75CD UNLESSNOTED OTHERWISE)
FIRE ALARM SYSTEM ADA APPROVED STROBE LIGHTSIGNAL UNIT (75CD UNLESS NOTED OTHERWISE)
DUCT SMOKE DETECTOR
FIRE ALARM SYSTEM BELL
REMOTE TEST INDICATOR
S
H
F
F
F
S
B
FS
TS
DH
ID
FACP
FAA
K
ANT
BRANCH: NORMAL TYPE: SURFACE
PANEL: MP2 MAINS: MCB AMPS: 225
VOLTAGE: 208 Y/120, 3 PHASE, 4 WIRE AIC: ---
DEVICE BRANCH CIRCUIT BRANCH CIRCUIT DEVICE
AMPS
TRIP POLE
S
DESCRIPTIONKILO C C KILO
DESCRIPTION
POLE
S
AMPS
TRIPVOLT K PHASE PHASE PHASE K VOLTAMPS T A B C T AMPS
20 3 F-4
1 2
F2 3 203 4
5 6
20 1 EF-7 7 8
F1 3 20
30 3 CONDENSER
9 10
11 12
13 14 GF-1 CONTROLS 1 1520 1 EF-5,6 15 16 GF-1 1 15
20 2 OVEN17 18 EXHAUST FAN AND CONTROLLER 1 15
19 20
AC-1 3 2020 2 WH-2
21 22
23 24
20 1 WH-1,2 25 26 WH1 (2) 1 20
20 1 EF-7 (2) 27 28 WH1 (3) 1 20
20 2 GARAGE DOOR29 30
HWH-2 2 2031 32
20 3 AC-4
33 34 HWH (TOILET 46) 1 20
35 36 SPARE 1 20
37 38 SPARE 1 20
20 2 AC-639 40 SPARE 1 20
41 42 SPARE 1 20
TOTAL KVA:
TOTAL AMPS:
COMBINATION SMOKE/CARBON DIOXIDE SENSORS CO
NOTES:(1) CONTRACTOR TO CONFIRM CIRCUITS PRIOR TO MODIFICATIONS.
(1)(1)
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LHA
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BO
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ND
SC
HED
ULE
S
NTS
2020.11.10
JNB JMM
JMM JMM
13182.001
E001
WH-1
WH-1
M
J
S
1
2
3
4
5EXISTING CONDENSING UNIT TOBE REMOVED AND REPLACED
EXISTING PANEL MP-1 LOCATED INBASEMENT IN THIS PROXIMITY
EXISTING PANEL MP-2 LOCATED INBASEMENT IN THIS PROXIMITY
(E)
(E)
7
6
NUMBERED DEMO NOTESCONTRACTOR SHALL REMOVE ALL OF THE POWER TOTHE DAMPERS BACK TO THE SOURCE AND MARK THEBREAKER AS SPARE. DAMPER AND DUCT REMOVAL BYTHE MECHANICAL CONTRACTOR.
DUCT HEATER TO BE REMOVED, CONTRACTOR SHALLREMOVE ALL ELECTRICAL CABLE AND EQUIPMENT BACKTO PANEL.
EXISTING J-BOX AND DISCONNECT TO BE REMOVED.CONTRACTOR SHALL REMOVE ALL CABLE BACK TO THEPANEL MP-2. BREAKER SPACE TO BE REUSED, SEEPANEL SCHEDULE.
EXISTING EXHAUST FAN TO BE REMOVED, CONTRACTORSHALL REMOVE ALL EXISTING CABLE BACK TO J-BOX IFCOMBINED WITH OTHER LOADS, OR PANEL IF POWEREDBY ITS OWN CIRCUIT.
EXISTING CONDENSING UNIT DISCONNECT, CIRCUIT &CABLES TO BE REUSED.
CONTRACTOR SHALL REMOVE THE EXISTING SMOKEDETECTOR AND PREPARE THE FIRE ALARM SYSTEM ANDCIRCUIT FOR THE NEW FIRE ALARM DEVICE.
CONTRACTOR SHALL REMOVE AND REINSTALL THELIGHT FIXTURE AS REQUIRED TO COMPLETE NEW WORK.
1
2
3
4
5
6
7
1. WHERE ELECTRICAL ITEMS ARE REMOVED, ALLBRANCH CIRCUIT WIRING SHALL BE REMOVEDBACK TO PANEL SERVING THE EQUIPMENT.WHERE CIRCUITS SERVE ADDITIONAL DEVICES OREQUIPMENT REMAINING, WIRING SHALL BEREMOVED BACK TO THE NEAREST ACTIVEJUNCTION BOX.
2. THE CONTRACTOR SHALL MAINTAIN CONTINUITYOF EXISTING CIRCUITS THAT ARE TO REMAIN INOPERATION.
3. ALL UNUSED CIRCUITS REMAINING AFTERREMOVALS SHALL BECOME SPARE IN PANELS.
4. ALL ELECTRICAL INFORMATION SHOWN IS FROMEXISTING DRAWINGS AND FIELD NOTES AND IS TOBE USED AS GUIDE FOR EQUIPMENT LOCATION.CONTRACTOR SHALL VISIT THE SITE TO VERIFYEXISTING CONDITIONS PRIOR TO SUBMISSION OFBID. NO ADDITIONAL COMPENSATION SHALL BECONSIDERED FOR FAILURE TO OBSERVE THISREQUIREMENT.
5. THE CONTRACTOR SHALL REFER TOARCHITECTURAL DEMOLITION DRAWINGS FORADDITIONAL INFORMATION AND SCOPE OFDEMOLITION.
6. THE CONTRACTOR SHALL DISCONNECT ANDREMOVE ALL ELECTRICAL WIRING ANDEQUIPMENT AS REQUIRED TO COMPLETE NEWWORK WITHIN ALL AREAS TO BE RENOVATED. THISSHALL INCLUDE, BUT NOT BE LIMITED TO,FIXTURES, DEVICES, OUTLETS, SWITCHES,RECEPTACLES, STARTERS, DISCONNECTS,PANELS, FEEDERS, ETC.
7. UNLESS OTHERWISE NOTED, EXISTING DEVICESTO BE REMOVED ARE SHOWN BOLD ONDEMOLITION PLANS.
8. THE CONTRACTOR SHALL REMOVE ALLELECTRICAL DEVICES FROM EXISTING WALLAND/OR CEILING BEING REMOVED AND MODIFIEDUNDER THIS CONTRACT. ALL EXISTING CONDUITAND WIRING FEEDING THESE DEVICES SHALL BEREMOVED, TERMINATED OR REUSED ASDESCRIBED BELOW.
8.1. CONDUIT FEEDING DEVICES FROM SLABSHALL BE CUT OFF BELOW SLAB ANDABANDONED WITH HOLE IN SLAB BEINGPATCHED BACK TO MATCH EXISTING. CONDUITMAY ALSO BE EXTENDED IF NECESSARY, WITHNEW WIRING PULLED THE ENTIRETY OFCIRCUIT.
8.2. CONDUIT FEEDING DEVICES FROM ABOVEDROPPED CEILING SHALL BE DISCONNECTEDAND REMOVED BACK TO THE SOURCE ORRECONNECTED AS DESCRIBED IN NEWCONSTRUCTION NOTES.
8.3. ELECTRICAL CONTRACTOR SHALL MAINTAINTHE INTEGRITY OF ALL EXISTINGFEED-THROUGH CIRCUITS. WHEREELECTRICAL DEVICES HAS BEEN REMOVEDFROM MIDPOINT OF CIRCUIT, NEW WIRE SHALLBE PULLED AS REQUIRED.
9. ALL DEVICES SHOWN ARE BASED ON EXISTINGDRAWINGS AND FIELD NOTES AND SHALL ASSISTCONTRACTOR FOR ESTIMATING PURPOSES ONLY.
DRAWING ED-101 GENERAL NOTES
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LHA
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1/4" = 1'-0"
2020.11.10
JNB JMM
JMM JMM
13182.001
ED101
WH-1
WH-1
M
EF-1
GF-1
ACC-1
T P
(E)
REMOTE PRESSURE TRANSDUCER
THERMOSTAT
EXISTINGCONDENSINGUNIT CIRCUIT
MP-2, #14
MP-2, #16
MP-2, #18
JADE CONTROLLERVARI-GREEN CONTROLLER
SEE CONTROL SCHEMATIC ON SHEET M001
M
M
(E)
(E)
1TC
E
T
MP-2, #14
T
EXISTING PANEL MP-1 LOCATED INBASEMENT IN THIS PROXIMITY
EXISTING PANEL MP-2 LOCATED INBASEMENT IN THIS PROXIMITY
1/4" = 1'-0"
PROPOSED ELECTRICAL PLAN
120V:24VAC TRANSFORMER
120V:24VAC TRANSFORMER
NUMBERED DEMO NOTESCONTRACTOR SHALL PROVIDE A THERMAL CUTOUT ANDAN EMERGENCY SWITCH, LOCATED OUTSIDE OF THEROOM, TO REMOVE POWER FROM THE FUEL BURNINGEQUIPMENT UPON DETECTION OF FIRE OR EXCESSIVEHEAT AS REQUIRED BY CODE..
1
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FOR BID - NOT FORCONSTRUCTION
LHA
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CH
USE
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PRO
POSE
D E
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TRIC
AL
PLA
NS
1/4" = 1'-0"
2020.11.10
JNB JMM
JMM JMM
13182.001
E101