HomeMy WebLinkAboutPK1990-0146 - Original - Mayer Construction Company, Inc. - Special Populations Resource Center - Kitchen Renovation - 02/14/1990 PREPARED BY:
THE ORB ORGANIZATION, INC.
ARCEIITECTS-PIANNERS-ENGINEERS
510 EVERGREEN BUILDING
15 SOUTH GRADY WAY
RENTON, WASHINGION 98055-4407
DATE:
APRIL 28, 1989
1989 - THE ORB ORGANIZATION, INC.
ARCFIITEGTS-PLANNERS-ENGINEERS
ALL RIGHTS RESERVED
CONTRACT DOCUMENTS
AND
TECHNICAL SPECIFICAT ONS
GENERAL CONSTRUCTION CONTRACT
FOR THE
KITCHEN' RENOVATION
SPECIAL POPULATIONS RESOURCE CENTER
CITY OF KENT, WASHING ON
i
I
THE OWNER'S
PF4=CT TEAM
THE OWNER
THE CITY OF I=
Acting through THE DEPARrI= OF
PARKS AND RECREATION
OWNER REPRESENTATIVE
DEPARZVT OF
PARKS AND RECREATION
Project Director Barney Wilson
Director
Department of
Parks and Recreation
Project Manager Helen Wickstrom
Superintendent of
Parks Administration
Owner's "On-Site"
Construction
Observer Cheryl Fraser
Facility
Manager Cheryl Fraser
DESIGN AND CONSTWCTION
MUNISTRATION TEAM
DESIGN TEAM
I. ARCf-IITECT'S/PLANNERS'
THE ORB ORGANIZATION, INC.
Architects-Planners-Engineers
510 Evergreen Building
15 South Grady Way
Renton, WA 98055-4407
Tel. : (206) 226-3522
0 Project Manager/Architect . . . LeRoy D. Charf, Registered Architect
II. MECHANICAL ENGINEERS:
Plumbing/Mechanical
THE ORB ORGANIZATION, INC.
Architects-Planners-Engineers
Tel. : (206) 226-3522
0 Project Engineer . . . . . . . . . . . . . Rob Craig, P.E.
III. ELECTRICAL ENGINEERS:
BITTERLING AND ASSOCIATES
6010 - 20th Street East, Bldg. C-2
Tacoma, WA 98424
Tel. : (206) 922-0446
0 Project Engineer . . . . . . . . . . . . . Mike Bitterling, P.E.
TABLE OF CONrII TS FOR
CON'IRACr DOCUMENTS
AND
TECHNICAL SPECIFICATIONS
FOR THE
KETCHEN RENOVATION
SPECIAL POPULATIONS RESOURCE CENTER
CITY OF KENT
PARKS AND RECREATION DEPARI1=
KENT, WASHI4=N
DESCRIPTION PAGES
Frontispiece (Cover) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
TitleSheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
The Owner's Project Team . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Design and Construction Administration Team . . . . . . . . . . . . . . . . . . . . . . . . . 2
TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
BIDDING REQUIRE"fENTS
Advertisementfor Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Instructions to Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Bidder's Checklist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
PROPOSAL FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PROPOSAL SIGNATURE PAGE (Last page of Proposal Form) . . . . . . . . . . . . . . . . 1
Contractor's Compliance Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Noncollusion Affidavit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
BidBond Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
GENERAL
Contract (City of Kent Form) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Performance Bond - Bond to City of Kent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Labor and Material Payment Bond (AIA Document 311) . . . . . . . . . . . . . . . . . . 2
Prevailing Wage Affidavit Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Copeland Anti-Kickback Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Certification of Equal Employment Opportunity . . . . . . . . . . . . . . . . . . . . . . . 1
Certification of Non-Segregated Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Minority Business Enterprise Certification . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Certification of Lawful Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ORB 8929 Page 1
bdl 4/28/89-2
MSR092685 TABLE OF CONTENT'S
King County Planning and C nmunity Development Division Requirements:
1) Federal Register, Vol. 45, No. 194.
Friday, October 3, 1980/lines and Regulations
(41 CFR Part 60-4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
41 CFR Part 60-1 — Obligations of Contractors . . . . . . . . . . . . . . 1
41 CFR Part 60-2 — Affirmative Action Programs . . . . . . . . . . . . . 1
2) Employment Opportunities for Business and Low Income Persons
in Connection with Assisted Projects:
(90:1551 HDR RF-89; pages 57-64) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3) E.E.O. Executive Order 11246 as amTended by Executive Order
11375 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4) Federal Labor Standards Provisions — H.U.D. . . . . . . . . . . . . . . . . 2
5) Davis-Bacon Wage Determination for King County . . . . . . . . . . . . . . 2
General Conditions of the Contract (ALA A201) (Title Page Only) . . . . . 1
Supplementary Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
SpecialConditions I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Special Conditions II - Public Projects (Washington State) . . . . . . . . . . 6
Indexof Drawings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
TECHNICAL SPECIFICATIONS PAGES
DIVISION 1 - GENERAL
Section 01010 Summary of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
o Taxes
o Permits and Fees
o Contractor Use of Premise
o Partial Owner Occupancy
Section 01020 Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 01080 Applicable Codes and Standards . . . . . . . . . . . . . . . . . . . . . . 3
Section 01100 BASE BID AND ALTERNATE BIDS . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 01300 Submittals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Application and Certificate for Payment, ORB Form 201 1
Section 01430 Quality Assurances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 01500 Temporary Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 01560 Special Controls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 01600 Material, Equipment and Job Conditions . . . . . . . . . . . . . . 3
Section 01640 Substitution and Product Option . . . . . . . . . . . . . . . . . . . . . 3
Section 01700 Project Administration and Closeout . . . . . . . . . . . . . . . . . 6
o Pre-Construction Procedure:
- Pre-Construction Documents
- Pre-Construction Conference
o Substantial Completion Procedure
o Final Completion Procedure
ORB 8929 Page 2
blt 5/1/89-3
MSR09 2 68 5 TABLE OF CONTENTS
DIVISION 2 - SITE WORK
Section 02110 Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
DIVISION 3 - CONCRETE
(No Work in this Division)
DIVISION 4 - MASONRY
(No Work in this Division)
DIVISION 5 - METALS
(No Work in this Division)
DIVISION 6 - WOOD AND PLASTIC
Section 06105 Carpentry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
DIVISION 7 - T=ML AND MOISTURE PROTECTION
Section 07600 Flashing and Sheet Metal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 07900 Sealants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
DIVISION 8 - DOORS AND WINDOWS
Section 08200 Wood Doors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 08300 Special Doors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 08700 Finish Hardware . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
DIVISION 9 - FINISHES
Section 09250 Gypsum Wallboard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 09650 Resilient Flooring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 09900 Painting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
DIVISION 10 - SPECIALTIES
Section 10800 Toilet and Bath Accessories . . . . . . . . . . . . . . . . . . . . . . . . . 3
DIVISION 11 - EOUIFM=
Section 11400 Kitchen Appliances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 11900 Cabinets/Residential Kitchen . . . . . . . . . . . . . . . . . . . . . . . . 7
DIVISION 12 - FURNISHINGS
(No Work in this Division)
ORB 8929 Page 3
bd1 4/28/89-2
MSR092685 TABLE OF CONTENT'S
DIVISION 13 - SPECIAL CONSTRUCTION
(No Work in this Division)
DIVISION 14 - CONVEYING SYST=
(No Work in this Division)
DIVISION 15 - MECHANICAL
Section 15010 General Mechanical Provisions . . . . . . . . . . . . . . . . . . . . . . . 8
Section 15023 Codes, Fees and Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 15060 Pipe and Pipe Fittings 5
Section 15100 Valves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 15120 Piping Specialties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 15140 Supports and Anchors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 15250 Mechanical Insulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 15400 Plumbing Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 15440 Plumbing Fixtures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
DIVISION 16 - ELECTRICAL
Section 16050 Electrical, General Conditions . . . . . . . . . . . . . . . . . . . . . . 10
Section 16110 Raceway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 16120 Wires and Cables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 16130 Outlet and Pull Boxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 16160 Panel Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 16140 Switches and Receptacles . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 16180 Fuses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 16450 Grounding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 16500 Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
END OF TABLE OF CONI'II=
ORB 8929 Page 4
bdl 5/16/39-4
ADVERTISEMENT FOR BIDS
FOR THE
GENERAL CONSTRUCTION CONTRACT
OF THE
KIT= RENOVATION
SPECIAL POPULATION RESOURCE CENTER
City of Kent
Parks and Recreation Department
Notice is hereby given that the City of Kent, Washington, will receive sealed
bids through June 2, 1989, up to 10:00 a.m. PSDT, as shown on the clock in the
lobby of the City Hall. All bids will then be opened and publicly read aloud
at 10:15 a.m. for the work associated with the KITCHEN RENOVATION - SPECIAL
POPULATIONS RESOURCE CENTER, located at 315 East Meeker Street, Kent,
Washington 98031.
Bids shall be clearly marked "BID" with the name of the Project shown
prominently on the outside of the envelope and addressed to the City Clerk,
220 - 4th Avenue South, Kent, Washington 98032.
Each bid shall be in accordance with the Plans, Specifications and other
Contract Documents now on file with, and available for review at the following
locations:
1. KENT PARK AND RECERATION DEPA1rI1,= OFFICE, Kent City Hall, 220 - 4th
Avenue South, Kent, Washington 98032
2. THE ORB ORGANIZATION, INC. , 510 Evergreen Building, 15 South Grady Way,
Renton, Washington 98055
3. SPECIAL POPULATIONS RESOURCE CENTER, 315 East Meeker Street, Kent,
Washington 98032
A cashier's check, postal money order or surety bond in the amount of 5 percent
of the total bid is required.
The City of Kent reserves the right to reject any and all bids, or waive any
informalities in the bidding, or determine which bid or bidder is the lowest
responsible and most satisfactory bidder, and shall be the sole judge thereof.
No plea of mistake in the Bid shall be available to the Bidder for the recovery
of his deposit or as a defense to any action based upon the neglect or refusal
to execute a contract.
Bidders must submit with their initial bid a signed statement as to whether
they have previously performed work subject to the President's Executive Omer
No. 11246.
ORB 8929 page 1
bdl 5/16/89-4
ADV=SEME T FOR BIAS
No bidder may withdraw his bid for a period of thirty (30) days after the day
of bid opening.
Dated this 15th day of May, 1989.
First Publication: May 18, 1989
Kent News Journal
Second Publication: May 25, 1989
Kent News Journal
Marie Jensen, CMC
City Clerk
City of Kent
ORB 8929 page 2
bdl 5/16/89-4
INSTRUCTIONS TO BIDDERS
1. To be entitled to consideration, proposals shall be made in accordance
with the following instructions:
2. EXANDqATION OF SITE AND CONDITIONS
Before submitting a proposal, the bidder shall:
A. Carefully examine all Contract Documents (drawings and
specifications) .
B. Visit the site of the Work.
C. Fully inform himself of all existing conditions, limitations, and
existing site and surrounding improvements including all items to be
removed and protected in the course of executing the Contract.
D. Rely entirely upon his own judgment in preparing his Proposal.
E. Include in his Bid, a sum sufficient to cover all items required by
the Contract.
F. It is mutually agreed that submission of a Proposal shall be
considered prima facie evidence that the bidder has made such
examination and is satisfied as to the conditions to be encountered,
and as to the requirements of the Drawings, Specifications and other
Contract Documents.
G. Failure of the bidder to take the above noted precaution will not
release the successful bidder from entering into contracts nor excuse
him frcmt performing the Work in strict accordance with the terms of
the Contract. No extra payment will be allowed for additional work
due to failure to obtain this information. No statement made by any
officer, agent or employee of the Owner or Architect in relation to
the physical conditions pertaining to the site of the Work will be
binding on the Owner or Architect.
3. INTERPRETATION OF PROPOSED CONTRACT COCiTMFN'1'S
Any person contemplating submitting a Bid for the proposed contract who
is in doubt as to the true meaning of any part of the Plans,
Specifications, or other proposed Contract Documents, shall submit to the
Architect a written request for an interpretation. The person submitting
the request shall be responsible for its prompt delivery. Any
interpretation of the proposed Contract Documents will be made only by
Addendum duly issued and a copy of such Addendum will be mailed or
delivered to the address of "Plan Holders of Record". The Architect or
ORB 8929 page 1
bdl 4/24/89-1
MSR071686 INSTRUCTIONS TO BIDDERS
Owner shall not be responsible for any other explanations or
interpretations of the proposed Contract Documents. All requests for
interpretation shall be received by the Architect not later than 48 hours
prior to the scheduled Bid Opening Time.
Submit questions to: THE ORB ORGANIZATION, INC.
Architects-Planners-Engineers
510 Evergreen Building
15 South Grady Way
Renton, Washington 98055
4. LAWS AND REGULATIONS
The Bidder is assumed to be familiar with all Federal, State and County
laws and regulations, which in any manner affect those engaged or
employed in the work, or the materials and equipment used in the proposed
work or which in any way affect the conduct of the work, and no pleas of
misunderstanding will be considered on account of ignorance thereof.
Should the Bidder discover any provision in the Drawings, Specifications,
or other Contract Documents which is contrary to or inconsistent with any
law or regulation, he shall report any such inconsistency forthwith to
the Architect. Any required amenitnents to the Drawings, Specifications
or other Contract Documents resulting from such a discovery will be
responded to by Addendum, mailed, or delivered to the address of each
"Plan Holder of Record" on the current Plan Holder's List.
5. EVIDENCE OF QUALIFICATION
A Bidder whose Proposal is under consideration shall, upon request,
promptly furnish satisfactory evidence of his financial resources, his
experience, and the organization and equipment he has available for the
performance of the contract. The competency and responsibility of the
Bidder will be considered in making the "Award of Contract." The party
submitting a Proposal shall be registered with the State of Washington as
a general contractor (in accordance with CHAPIER 18.27 RCW) and shall
furnish state registration number and local permits as required by the
Contract Documents.
6. EXECUTION OF PROPOSAL FQR1�S
The PROPOSAL FORM invites bids on definite Plans and Specifications.
Only the amounts and information asked for on the PROPOSAL FIRM furnished
herein will be considered as the BID. Each Bidder shall bid upon the
Work exactly as described by the'Contract Documents, and as provided for
in the PROPOSAL FORM. The Bidder shall bid upon all Alternate Bid and/or
Unit Price items requested on the PROPOSAL FORM as provided herein.
ORB 8929 page 2
bdl 4/24/89-1
MSR071686 INSTRUCTIONS TO BIDDERS
A. FORM OF PROPOSAL:
The Bidder shall submit his PROPOSAL on the forms furnished in the
Specifications (remove and use) . All blank spaces in the PROPOSAL
FORM shall be properly filled in. All FORM OF PROPOSAL bid amounts
shall be stated in "wards" and in "rnmyeral figures."
All Bid Amounts shall be "typed" or "written" in ink.
No oral, telephonic or telegrapahic proposals will be accepted or
considered.
B. PROHIBITION OF ALTERATIONS
Except as otherwise provided herein, Proposals which are incomplete,
which are conditioned in any way, which contain erasures,
alterations, items not called for in the Proposal, or which are not
in conformity to the law, may be rejected as "non-responsive".
C. PROPOSAL SUMS
Any sum of money written in by the Bidder on the PROPOSAL FORM shall
cover all Work and all costs identified by the Bid = DESCRIPTION
as defined by the Bidding and proposed Contract Documents, together
with any Addenda thereto.
All Bid Proposal Sums furnished by the bidder shall include all
"Direct" and "Indirect" costs of labor, material, equipment,
overhead, profit, and any form of compensation sufficient to complete
all of the Work under each particular description.
When bidding an Alternate Bid Item for which there is no change or no
change from the Base Bid Amount, the Bidder shall write in the words
"NO MARGE" or "NO CHANGE" in the space provided.
No Washington State Sales Tax shall be included in the Proposal Sums.
D. TAXES
Any stun of money written in by the Bidder on the Proposal Form, and
any agreed variations thereof, shall include all taxes imposed by
law, excepting only Washington State Sales Tax. Washirxgton .State
Sales Tax will be collected from the Owner and shall be paid to the
State by the Contractor in conformance with the law. Contractor
shall furnish proof of payment of all taxes required by law.
ORB 8929 page 3
bdl 4/24/89-1
MSR071686 INSTRUCTIONS TO BIDDERS
E. SI(NATURES
If the Proposal is made by partnership or co-partnership, it shall be
so stated and it shall contain the names of each partner and shall be
signed in the firm name, followed by the signatures of the partners.
If the proposal is made by a corporation, it shall be signed by the
name of the corporation, followed by the written signature of the
officer signing, and the printed or typewritten designation of the
office he holds in the corporation. The address of the Bidder shall
be typed or printed on the Proposal Form in the space provided.
F. REGISTRATION NUMBER:
Bidder's Washington State Contractor's License Registration mmiber
shall be stated in the space provided.
7. SUFT4ISSION OF PROPOSAL
No oral, telephonic, or telegraphic proposals will be considered. Each
proposal includes:
o Completed PROPOSAL FORM,
o PROPOSAL SIGNA`IURE PAGE,
o CONTRACMR'S STATEI E= OF CCMFLIANCE form (Executive Order
No. 11246) ,
o NONCOLLUSION AFFIDAVIT,
o BID BOND FORM,
o CERTIFIED MEECK OR BANK CASHIER'S MEECK.
and shall be caTpletely sealed in an envelope properly marked as follows:
TO•
. City Clerk
Kent City Hall
220 South Fourth
Kent, Washington 98032
NAME OF BIDDER• (Legal name of firm)
PROPOSAL FOR•
K EMIEN RENOVATION
SPECIAL POPULATIONS RESOURCE CENTER
City of Kent, Washington
ORB 8929 page 4
bdl 4/24/89-1
MSR071686 INSTRUCTIONS TO BIDDERS
TIME DATE, AND LOCATION OF PROPOSAL OPENING:
10:00 a.m. , Wednesday, June 1, 1989
(Proposals to be opened at 10:15 a.m.)
Council Chambers,
Kent City Hall
Kent, Washington
8. BID GUARAN= TO BE FURNISHED BY EACH BIDDER
A. AMOUNT' AND FORM:
A CERTIFIED CHECK, BANK CASHIER'S CHECK, or BID BOND for an amount
equal to at least five percent (5%) of the TOTAL BID, (Sum of all
BASE BIDS plus all ADDITIVE ALTERNATES) , shall accompany each
Proposal as evidence of good faith and as a guarantee that if awarded
the Contract, the Bidder will execute the Contract and give bond and
or assurances as required by the General Conditions. Bid Guarantees
in cash will not be accepted. Bid Bonds shall be issued by a bonding
company licensed to transact business in the locality and shall be
written in pursuance to the applicable chapter of the Revised Code of
Washington.
Make all checks payable to: THE CITY OF KENT
KIT'= RENOVATION
SPECIAL POPULATIONS RFSCURCE CENTER
B. DISPOSITION OF BID GUARANTEE:
The successful Bidder's Check or Bid Bond shall be retained until he
has entered into the Contract and furnished the required performance
and Payment Bonds. The right is reserved to hold the Bid Guarantee
of the two next low bidders until he has done so, or for a period of
30 days, whichever is the shorter time. Bid Guarantees of all other
bidders will be returned as soon as feasible after the bids are
opened-
C. FORFEITURE OF BID GUARAN=
Should a Bidder fail to enter into contract and furnish performance
and payment bonds within fifteen (15) calendar days after his Bid has
been accepted, his Bid Guarantee will be forfeited to the Owner as
Liquidated Damages, but not as a penalty.
9. MODIFICATION AND WITHDRAWAL OF PROPOSAL
At any time prior to scheduled closing time for receipt of proposals,
any Bidder may modify or withdraw his Proposal. All such
modifications or withdrawals must be made in writing on the Bidder's
company letterhead and over the signature of the Bidder.
ORB 8929 page 5
blt 5/5/89-2
MSR071686 INSTRUCTIONS TO BIDDERS
Telegraphic modifications or withdrawal will be accepted only if such
telegraphic modification is received prior to the bid opening time
and same is confirmed in writing on the Bidder's =pany letterhead
and over the signature of the Bidder.
All such letters shall be postmarked by date and time prior to bid
opening time. No oral or telephonic modifications or withdrawals
will be accepted.
After the scheduled closing time for the receipt of proposals, or
before award of the contract, no bidder will be permitted to withdraw
his proposal unless said award is delayed for a period exceeding that
noted in the Proposal Form.
10. SUBSTITUTIONS
Bids shall be based upon the materials and equipment names in the
Contract Documents. Substitutions may be made ONLY under the following
conditions:
Refer to Section 01640 - SUBSTITUTION AND PRODUCT OPTION
11. LIQUIDATED DAMAGES
Refer to the FORM OF PROPOSAL and to Section 01700 - PROTECT
AEM=STRATION AND =EOUr.
Refer to Articles 8.2.3 and 8.2.4.
12. OPENING OF BIDS
Proposals will be received and opened at the time and place stated in the
ADVERI'ISIIME2,Tr FOR BIDS. Every proposal (except those which may have been
properly withdrawn) received prior to the scheduled closing time will be
publicly opened and read aloud, irrespective of any irregularities or
informalities in such proposals.
All proposals received after the scheduled closing time for receipt of
bids shall be returned to the bidder unopened.
13. AC=ANCE OR RETE=ON OF PROPOSAL
The Owner reserves the right to reject any and/or all Proposals. He also
reserves the right to waive any informalities in connection with said
Proposals or Bids. If the proposal includes a supplemental schedule of
predetermined unit prices for labor and material, or other Items for the
purpose of establishing a cost basis on unforeseen contract changes, the
Owner reserves the riot to reject, without impairing the balance of the
proposal, any or all such predetermined unit prices on such supplemental
schedules which the Owner may consider excessive or unreasonable.
ORB 8929 page 6
bdl 4/24/89-1
MSR071686 INSTRUCTIONS TO BIDDERS
IOW BID will be based upon the BASE BID(S) , ALTERNATE BIDS, and UNIT
PRICE Bid Proposal Amounts "accepted" at the time of Contract Award.
14. MECHANICAL ELECTRICAL AND OTHER MAJOR SUBOONTRACT(ORS)
The Bidder shall submit, in the spaces provided on the PROPOSAL FORM, the
Total Amount of each of the "Major Subcontract Amounts" (General,
Mechanical, Electrical, and others as requested) included by the General
Contractor into his BASE BID PROPOSAL. Refer also to Section 01100 -
BASE BID & BIDS.
The amount entered shall include:
a. BASE BID work only.
b. All subcontractor costs for:
- Overhead and profit
- General Conditions, etc.
c. All General Contractor Mark-Ups on the subcontract for:
- Contract Administration
- Overhead and profit
- General Conditions, etc.
END OF SECTION
ORB 8929 page 7
bdl 4/24/89-1
BIDDERS' CHEST
The Bidder's attention is especially called to the following forns which must
be executed in full as required.
I. Documents Accompanyincq Bid Proposal
A. PROPOSAL FORM:
All blank spaces in the PROPOSAL FORM shall be properly filled in.
All BASE BID and ALTERUCE BID amounts shall be stated in "words" and
"numerical figures."
B. PROPOSAL SIGNATURE S'I= (PAGE 10 OF PROPOSAL FORM) :
Shall be filled in and signed by Bidder.
C. NON-COLLUSION AFFIDAVIT:
This form must be notarized by a Notary Public.
D. CONTRACTOR'S COMPLIANCE STATE= (EXECUTIVE ORDER NO. 11246) :
Shall be filled in and signed by the Bidder.
E. BID BOND:
This BID BOND FORM is to be executed by the Bidder and the surety
many unless bid is accompanied by a certified check or bank
cashiers check. The amount of the bond shall be not less than 5
percent of the =AL BID AMOUMr, including BASE BID AND ALL ALTERNATE
BIAS, and may be shown in dollars or as a percentage.
II. Documents and Forms to be Executed after the Contract Award
A. CONTRACT'•
This agreement to be executed by the successful Bidder.
B. PERFORMANCE BOND:
Shall be executed by the successful Bidder and his surety =q any.
C. MIlVIMUM WAGE AFFIDAVIT FORM:
This form must be notarized by a Notary Public.
D. C=FICATE OF LAWFUL EMPLOYMEW:
This form must be notarized by a Notary Public.
END OF SECTION
ORB 8929 page 1
bdl 4/24/89-1
January 26, 1990
Please return to:
Helen Wickstrom
Superintendent of Administration
Kent Parks and Recreation
220 Fourth Avenue South
Kent, Washington 98032
Contractor hereby waives any right to withdraw its bid
offer within a 30 day period as permitted by City
proposal for the general construction contract Kitchen
Renovation, MSR102183 .
Date: / —�c7 _ go
Aut orized Representative
Mayer Construction Co. , Inc.
P.O. Box 98280
Des Moines, WA 98198
MSR102183 PROPOSAL FORM
PROPOSAL FORM
FOR THE
GENERAL CONSTRUCTION CONTRACT
KITCTiEN RENOVATION
SPECIAL POPULATIONS RESOURCE CENTER
PARKS AND RECREATION DEPARTMENT
CITY OF KENT, WASKENGTON
Date JUNE 2, 1989
Legal Name of Bidder:
MAYER CONSTRUCTION CO. , INC.
To: City Clerk
Kent City Hall
220 - 4th Avenue South
Kent, Washington 98032
To Whom it may concern:
Having carefully examined the Contract documents as defined in the General
Conditions of the Contract, including the Drawings and Specifications entitled:
I=CHEN RENOVATION
SPECIAL POPULATIONS RESOURCE CENTER
PARKS AND RECREATION DEPAIZIV=
CITY OF KENT, WASHINGTON
as prepared by THE ORB ORGANIZATION, INC. , as well as the premises and
conditions affecting the Work, the undersigned proposes to furnish all labor
and materials and perform all Work for the various parts of the construction in
accordance with the Contract Documents for the consideration of the following
amount:
A. BASE BID
For the BASE BID as described in the Contract Documents and Section 01100 -
BASE BID AND ALTERNATES of the Specifications a Lump Stun of:
FORTY SEVEN THOUSAND FIVE HUNDRED EIGHT
DOLLARS
(Written Out) ($ 47,508.00 )
NOTE: Do not include Washington State Sales Tax. Contractor
will collect such tax from the Owner and shall thereafter
pay the State.
ORB 8929 page 1
blt 5/5/89-3
MSR102183 PROPOSAL A)RM
This total BASE BID amount includes the following breakdown of the major
subcontractor amounts, complete and installed: (Total of "Breakdown Amounts"
shall equal the BASE BID shown above and shall include the General Contractor's
markup for overhead and profit, etc. , on each of the subcontractor amounts.)
BASE BID
"BPTAI<DCWN"
DESCRIPTION/SCOPE DOLLAR AMOUNTS:
o MECEANICAL
Subcontract
(Division 15) $ 4,000.00
o ELECTRICAL
Subcontract The "TOTAL" of these
(Division 16) $ 2gn nn amounts shall equal
the BASE BID Luutp Sum
o APPLIANCES
Subcontract
(Section 11400) $ 6,222.00
o CABINETS
Subcontract 6 858.o0
(Sections 11900) $ '
o BALANCE of BASE BID 26,228.00
General Contract $
B. ALTEPNATE BIDS
The undersigned agrees to perform the additions, deletions, and
substitutions called for in the following ALTERNATES, as described in
Section 01100 of the Contract Documents for the following "additions to" or
"deductions from" the BASE BID.
NOTE: Do not include Washington State Sales Tax in the following
quotation. Contractor will collect such tax from the
Owner and shall thereafter pay the State.
ORB 8929 page 2
bdl 4/24/89-1
_ MSR102183 PROPOSAL FORM
Al=:U AT'F: NUMBER AND DESCRIPTION:
1. ALTERNATE BID NO. 1
Add - The "EXTERIOR DOOR NO. 311•
Add the Stun of:
ONE THOUSAND ONE HUNDRED FIFTY TWO DOLLARS
(Written Out) ($ 1 , 152.00 )
2. ALTERNATE BID NO. 2
Add - The "ELECTRICAL PANEL REPLACEMENT"'.
Add the Stun of:
FIVE THOUSAND SEVEN HUNDRED DO1 ARS
(Written Out) ($S.700.00 )
3. ALTERNATE BID NO. 3
Substitute - CABINET MANUFACTURER:
Provide a Lump Stun Price for providing the following material
substitution:
NOTE: - Bidder shall identify whether the stun is an "ADD" or
"DEDUCT" by circling the appropriate description below,
and by entering a "MANUFACTURER'S NAME."
Substitute -
(Manufacturer's Name)
for BASE BID Product.
Add or Deduct the Stint of:
"NO BID"
DOLLARS
(Written Out) ($ )
ORB 8929 page 3
blt 5/5/89-3
MSR102183 PROPOSAL FORM
C. UNIT PRICE BID
Not applicable to work on this project -- N.I.C.
D. CONDITIONS OF PROPOSAL
1. Determination of Low Bidder
The Owner reserves the right to award a Contract to the lowest
responsible and most satisfactory bidder based on Proposals for BASE
BID(S) , ALTERNATES, and specifically identified portions of the
Alternates or UNIT PRICES in whatever manner is in his best interest.
2. Overhead and Profit
All of the above Bid Prices shall include overhead and profit.
3. Sales Tax
None of the above Bid Prices shall include Washington State Sales Tax.
E. PERIOD OF BID VALIDITY
The undersigned hereby agrees that this PROPOSAL shall be a valid and firm
offering for a period of thirty (30) calendar days from (after) closing
time for "RECEIPT OF PROPOSALS."
F. EXECUTION OF CONTRACT
If written "Notice of Award of Contract" is mailed, telegraphed, or
delivered to the undersigned within the period of bid validity noted above,
or any time thereafter before this Bid Proposal is withdrawn, the
undersigned will, within ten (10) days after the date of such notification,
execute a Contract substantially in the form of the City of Kent's Standard
"GENERAL CONSTRUCTION CONTRACT" (copy included herein) .
G. BID BOND GUARANTEE
The undersigned further agrees that the BID BOND GUARANTEE accompanying
this Proposal is left in escrow with the Owner, that its amount is the
measure of liquidated damages the Owner will sustain by the failure of the
undersigned to execute said agreement and furnish the prescribed bonds, and
that if the undersigned fails to deliver the said documents within fifteen
(15) calendar days after receipt of written "Notice of Award Of Contract"
to him, then the Bid Bond Guarantee shall become the property of the
Owner. If this Bid is not accepted within the period of bid validity noted
above, or if the undersigned executes said contract and delivers said
bonds, then the Bid Bond Guarantee shall be returned to him.
ORB 8929 page 4
bdl 4/24/89-1
MSR102183 PROPOSAL FORM
H. 'I-.IME FOR COMPLETION
The Work required under this Contract shall commence immediately after the
OWNER/CONTRACTOR AGREEMENT has been signed by all parties.
The undersigned (Contractor) hereby agrees to "SUBSTANTIALLY COMPLETE" all
Work as outlined in the Contract Documents, on or before:
Contractor's on-site closure of the kitchen operations shall be confined to
the period of O'er- to
Additionally, the undersigned (Contractor) agrees to "FINALLY COMPLETE" and
have ready for "FINAL ACCEPTANCE," the work at the PROJECT SITE not more
than 30 days after the later of the above noted dates, and the following
date for all Project Work:
Contractor shall also review the MAJOR MILESTONE SCHEDULE - Section 01350
in the Specifications which lists out other "important" intermediate dates
which are equally significant to the successful completion of this Project.
I. LIQUIDATED DAMAGES
If the Contractor fails to "Substantially Complete" the Work by the
SUBSTANTIAL COMPLETION DATE(S) stated in Paragraph H - TIME FOR COMPLETION
(or such extension of those date(s) which might be granted by the Owner) ,
he agrees to abide by all provisions of the CONTRACT in Section 01700 -
PROJECT AMMSTRATION AND CLOSEOUT, Para. 3.03 (F) , (G) , and (H) .
Liquidated Damages in the amount of ONE HUNDRED DOLLARS ($100.00) PER DAY
will be assessed for each "Calendar Day" that the Contractor exceeds the
"SUBSTANTIAL COMPLETION DATE" for that PROJECT SITE.
Additionally, if the Contractor fails to "FINALLY COMPLETE" the Work within
30 days of the actual SUBSTANTIAL COMPLETION DATE, he agrees to abide by
all provisions in the Contract in Section 01700 - PROJECT AEMINISTRATION
AND CLOSEOUT, Para. 3.04 (E) in addition to Liquidated Damages in the
amount of ONE HUNDRED DOLLARS ($100.00) PER DAY which will be assessed for
each "calendar day" that the Contractor exceeds the "FINAL COMPLETION
DATE."
J. ALLOWANCES
The undersigned hereby agrees that the BASE BID amount of this Proposal
contains all the fixed ALZoVMCE amounts outlined in Section 01200 -
ALLOWANCES.
ORB 8929 page 5
blt 5/5/89-3
MSR102183 PROPOSAL FORM
K. ADDENDUM RECEIPT
Receipt of the following addenda to the CONTRACT DOCUMENTS is acknowledged:
Adde iJum No._m n N F Date
Addendum No. Date
Addendum No. Date
L. EXECUTION OF PROPOSAL
Name of Firm MAYER CONSTRUCTION CO. , INC.
State License No. MA-YE-RC3400R-9
Address P.O. BOX 98280
City DES MOINES,
State WASHINGTON g8198
Area Code 206 Tel 878-4797
The undersigned designates the above as the office to which "Notice of
Contract Award" may be mailed or delivered.
Note: If Bidder is a corporation, write state of incorporation; and if a
partnership, give full names and addresses of all partners below:
WASHINGTON
The undersigned certifies that the above is a firm and valid proposal to
accomplish all Work and comply with all requirements of the Contract
Documents and requirements stated in the Instructions to Bidders.
QAt—e--T0N-r-Z—, -t-4A9
Si
. MAY E R-------)
Title PRESIDENT
END OF SECTION
ORB 8929 page 6
bdl 4/24/89-1
CONTRACTOR'S COMPLIANCE STATEMENT
(President's Executive Order #11246)
Date JUNE 2, 1989
This statement relates to a proposed contract with the City of Kent named
KITCHEN RENOVATION/SPECIAL POPULATIONS RESOURCE CENTER
I am the undersigned bidder or prospective contractor. I 'represent that --
1 . I X have, have not, participated in a previous contract or
subcontract subject to the President' s Executive Order #11246
(regarding equal employment opportunity) or a preceding similar
Executive Order.
MAYER CONSTRUCTIO CO
NAME OF BIDDER
PAUL A. MAYER, PRESIDENT
P. 0. BOX 98280
DES MOINES, WA 98198
625E-41E (5/06/87)
NON-COLLUSION AFFIDAVIT
STATE OF WASHINGTON)
) ss NON-COLLUSION AFFIDAVIT
COUNTY OF KING )
being
first duly sworn, on oath says
that the bid above submitted is a genuine and not a sham or collusive bid, or
made in the interest or on behalf of any person not therein named; and he
further says that the said bidder has not directly or indirectly induced or
solicited any bidder on the above work or supplies to put in a sham bid, or
any other person or corporation to refrain from bidding; and that said bidder
has not in any manner sought by collusion to secure to HIM self an
advantage over any other bidder or bidders.
MAYER CONSTRUCTION CO. , INC.
CON CTOR�PA �AM AYER, PRESIDENT
Subscribed and sworn to before me this 2ND day of JUNE l
Notaty Public in and for the State of
Washington, residing at DES MOINES, WA
OFFICIAL SEAL
MYRTLE M. MAYER
NOTARY PUBLIC-STATE OF WASHINGTON
MY COIN110 10N EXPIRES: 12-29-90
625E-41E (5/06/87)
BID BOND FORM
Herewith find deposit in the form of acertified check, cashiers
mount ischeck,
noticash,
or bid bond in the amount of $ 3 000.00 which
than five percent of the total bid.
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, MAYER CONSTRUCTION CO. INC. as Principal ,
and CONTRACTORS BONDING AND INSURANCE COMPANY
as Surety,
are held and firmly bound unto the CITY OF KENT, as Obligee, in the penal sum
of THREE THOUSAND&00/100***Dollars, for the payment of the which the Principal
an e urety on t emselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, by these presents.
The condition of this obligation- is such that if the Obligee shall make
any award' to the Principal for
KITCHEN RENOVATION - SPECIAL POULATIONS RESOURCE CENTER
according to the terms of the proposal or bid made by the Principal therefor,
and the Principal shall duly make and enter into a contract with the Obligee
in accordance with the terms of said proposal or bid and award and shall give
bond for the faithful performance thereof, with Surety or Sureties appro an
vedd by
the Obligee; or if the Principal shall in case of failure so to do, pay
forfeit to the Obligee the penal amount of the deposit specified in the call
for bids, then this obligation shall be null and void; otherwise it shall be
and remain in full fCeasndenaltyeffect
andand
liquidated Surety
damagesfothewith amouPtyoan�his
forfeit to the Obligee, p
bond.
DUNE 19 89.
SIGNED, SEALED AND DATED THIS 2ND DAY OF
MAYER C NS UCTION CO. , INC.
PRINCIPAL PAUL A. MAYER, PRESIDENT
CONTRACTORS BONDING AND -i'NSURANCE COMPANY
SBG #1000-00537-087-41 4_�
ANET K. LORRAINE, `ATTORNE19
Y-IN-FA ,
Received return of deposit in the sum of
625E-41E (5/06/87)
Limited 1213 Valley Street
CONTRACTORS BONDING Se ttle, 6A 98109
AND INSURANCE COMPANY Power of Attorney
53
KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY,a corporation duly organized and existing under the laws of the State of Washington,and having
its principal office in Seattle.King Count'.Was:ngton,does by these presents make,constitute and appoint JANET K.LORRAINE,of Seattle,Washington,its true and lawful attorney-in-fact,with full power
and authority hereby conferred in its rarne.place and stead.to execute,acknowledge and deliver:it)SBA guaranteed performance and payment bonds not exceeding the penal sum of$1,250,000:(2)bid
bonds for lobs where.it the f Fdel contract F^'we d2 Surety Bonds(including nclud nteed performance
iuoture amendmy the Surety Association of
enpsthe etoayment basJudic al,Contract exceedond(s),Nill hot e cludi g biid bonds)�Miscella Misther bonds cellaneous.License nse and Permit,and f and Federal notexceedi g
American its Rate Manual o ty, ,,g rY
the penal sum of$1,ds not exceeding
bid b°°Sena si m of$500.000.Proovided,howevehe authority r,that JANET K.LORRA clause(3)above INEt s granted power awarded,the
authority to exceed feapplicable nt loc
pennallllimit previously s(s)will not ee orthOfo any
and i all other bonds not exceeding.. p
bond in an amount equal tome amount of any. der of credit,or similar security,received as collateral security by the Company es ed inducement to issue the bond;and to bind the Company thereby to fully
and to the same extent as if such bonds were s c-ted by the President,sealed with the corporate seal of the Company and duly attested by its Secretary;hereby ratifying and confirming all that the said attorney-
and may do in the premi<_es.Said appcintmer,is made under and by authority of the following resolutiors adopted by the Board of Directors of the CONTRACTORS BONDING AND INSURANCE COMPANY
on January 3.1989:
RESOLVED that the President is authorized to point as attorney-in-lact of the Company JANET K.LORRAINE with power and authority to sign on behalf of the Company:(1)SBA guaranteed performance
and payment bonds not dexceec
and c'.1ngsh�by t�e Ei eS1A Association of Americda in Its RatehManual of Fidere,it the elity,(Forgery awarded.
he SBA guaranteed Surety Bonds(including futurece and;or amendmentsnent thereto)as Judicial)will ,Contract(excluding
Iidbons),Mi bonds codedandca — ty 4bidbondsforobswritten ursuanttotheauthoritylnclause(3)abovewhere,ifthecontractisawarded,
bidbondsl,Miscellaneous,LicenseangPermtadd Federal not exceeding the penal sum ofSt,500.000;( ) I P'
the performance and payment bond s i will cc;exceed$1,500,000;and(5)all other bonds not exceeding the penal sum of$500,000.
RESOLVED FURTHER that JANET K.LORRA NE is granted power and authority to exceed the applicable penal limit set form in the preceding resolution for any bond in an amount equal to the amount of
any letter of credit,or similar security,received as collateral security by the Company as an inducement to issue the bond.
RESOLVED FURTHER that tte authory of the Secretary of the Company to certify the authenticity and effectiveness of the foregoing two resolutions in any Limited Power of Attorney is hereby delegated to
he following persons.the signature of any of tke following to bind the Company with respect to the authenticity and effective-Hess of the foregoing resolutions as if signed by the Secretary of the Company:
Donald Sirkin.Susan L.Faalard.Chaves J.F_skow.Michael L.Johnson and Steven A.Gaines.
RESOLVED FURTHER that:he sgna%,es biro jding certification that the Power of Attorney is still in force and effect)of the President,Notary Public and person certifying authenticity and effectiveness,and
the corporate and Notary seat appeanrg on a-v Limited Power of Attorney containing this and the foregoing resolutions may be by facsimile.
RESOLVED FURTHER that a reso'iut.cns ad=.ed prior to today appointing the above named as attorney-in-fact for CONTRACTORS BONDING AND INSURANCE COMPANY are hereby superseded.
IN WITNESS WHEREOF,CCNTRAC-CRS BC'0NG AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 3rd day ,of January,
1989.
CONTRACTORS BONDING AND INSLRANCE COMPANY _SeQNpING d`��rrtt
U G�RP OR qT�sG�9h�zi
Z i
SEAS,
By: --- — i
Steven A.Gaines,President
rt'tigSH I N G��=
STATE OF WASH INGTON--COUNTY CF KIP:G
On this 3rd day of January.1989.persi^.aily ac_eared STEVEN A.GAINES,to me known to be the President of the corporation that executed the foregoing Limited Power of Attorney and acknowledged said
Limited Power of Attorney to to the fee and ve_rtary act and deed of said corporation,for the uses and purposes therein mentioned,and on oath stated that he is authorized to execute the said Limited Power
of Attorney. il_EEIY
IN WITNESS WHEREOF,I have nerecnto set y nand and affixed my official seal the day and year first above writtenitti �P,.�gSIpN '
NOr,q A:m;
mSLIC
�•. 20 1` , a rrt
otary Public in and for the State of Washmc=.resid�atSeae =,wASH1NGxiix
The undersigned,acting under authorry of the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY,hereby certifies,as or in lieu of Certificate of the Secretary of CONTRACTORS
of the Original Power of Attorney issued by said Company,and does hereby further certify that the said
BONDING AND INSURANCE COMPANY.that:re above and foregoing is a full,true and correct copy
Power of Attorney is still In force and a'ect.
GIVEN under my hand at SEATTLE WA ,this 2ND
—day of 11 IN E 19 89
PoaJL01.06-US010389
CONTRACT
THIS AGREEMENT, made and entered into in triplicate, thisl4th day of
February , 1990, by and between the CITY OF KENT, hereinafter called the
Owner, and Mayer Construction Co. , Inc. , hereinafter called the Contractor.
WITNESSETH:
That in consideration of the terms and conditions contained herein and
attached and made a part of this agreement, the parties hereto covenant and
agree as follows:
1 . The Contractor shall do all work and furnish all tools, materials, and
equipment for construction of all work associated with the project entitled:
Kitchen Renovation
Special Populations Resource Center
Parks and Recreation Department
City of Kent, Washington
all in accordance with the drawing(s) of the same title and in accordance with
and as described in the attached specifications and shall perform any
alterations in or additions to the work provided under this contract and every
part thereof. Work shall start within ten (10) days after Notice to Proceed
and be completed within the dates established in "TIME FOR COMPLETION", in the
PROPOSAL FORM. If said work is not completed within the time specified, the
Contractor agrees to pay to the Owner liquidated damages in accordance with
the provisions outlined in "LIQUIDATED DAMAGES", in the PROPOSAL FORM. The
Contractor shall provide and bear all expense of all equipment, work, and
labor of any sort whatsoever that may be required for the transfer of
materials and for constructing and completing the work provided for in this
contract and every part thereof, except such as are mentioned in the
specifications to be furnished by the CITY OF KENT.
2. The CITY OF KENT hereby promises and agrees with Contractor to employ,
and does employ the Contractor to provide the materials and to do and cause to
be done the above described work and to complete and finish the same according
to the attached plans and specifications and the terms and conditions herein
contained and hereby contracts to pay for the same according to the contract
sum and the schedule of unit or itemized prices identified below, at the time
and in the manner and upon the conditions provided for in this contract.
The Owner shall pay the Contractor for the performance of the work,
subject to additions and deductions by change order as provided in the
contract documents, the contract lump sum amount of Fifty Three Thousand Two
Hundred Eight and No/100 ($53,208.00) plus Washington State sales tax.
The contract sum is determined as follows:
Base Bid $47,508.00
Additive Alternate Two (2) 5,700.00
$53,208.00
Payments are subject to retainage and provisions of Chapter 4.02 of
the Kent City Code.
3. The Contractor for himself, and for his heirs, executors,
administrators, successors, and assigns, does hereby agree to the full
performance of all covenants herein contained upon the part of the Contractor.
4. It is further provided that no liability shall attach to the CITY OF
KENT by reason of entering into this contract, except as expressly provided
herein.
5. Contractor agrees to defend, indemnify and hold the CITY OF KENT, its
elected officials, officers and employees (hereinafter "Owner") harmless from
any and all claims, demands, losses, and liabilities to or by any and all
persons or entities (including without limitation, their respective agents,
2 -
licensees, or representatives) arising from, resulting from, or connected with
work performed or to be performed under this contract by Contractor or
contractor's agents or employees to the fullest extent permitted by law and
subject to the limitations provided below. Contractor's duty to defend and
indemnify Owner shall not apply to liability for damages arising out of bodily
injury to persons or damage to property determined by a trier of fact that it
was caused by or resulted from the sole negligence of Owner or owner's agents
or employees. Contractor's duty to indemnify Owner for liability for damages
arising out of bodily injury to persons or damage to property caused by or
resulting from the concurrent negligence of (a) Owner or owner's agents or
employees, and (b) Contractor or contractor's agents or employees, shall apply
only to the extent of the negligence of Contractor or contractor's agents or
employees. Contractor specifically and expressly waives any immunity that may
be granted it under the Washington State Industrial Insurance Act, Title 51
RCW. Further, the indemnification obligation under this contract shall not be
limited in any way by any limitation on the amount or type of damages,
compensation or benefits payable to or for any third party under worker's
compensation acts, disability benefits acts, or other employee benefit acts.
This promise of indemnity specifically applies in the case of injuries to
Contractor's own employees. Contractor's duty to defend, indemnify, and hold
Owner harmless shall include, as to all claims, demands, losses, and liability
to which it implies, Owner' s personnel related costs, reasonable attorneys'
fees, court costs, and all other claim related expenses, including attorneys'
fees and other costs incurred by Owner to enforce and establish its rights.
6. Contractor agrees to make all books and records available to the City
of Kent for inspection, review, photocopying and audit in the event of a
contract related dispute, claim, modification or other contract related action
at reasonable times and at places designated by the CITY OF KENT.
7. In the event of any conflict between the provision of this Agreement
and incorporated contract documents, including standard conditions,
supplementary conditions, and other terms and conditions, this Agreement shall
control .
- 3 -
8. In providing public liability and property damage insurance, the
Contractor shall provide that the City be named as a co-insured. Such policy
shall provide coverage to the City on an occurrence basis for the duration of
work. The City will not accept any certificate of insurance or accord form
certificate as a substitute for an actual policy of coverage. Any exclusions,
exemptions, exceptions, or other policy coverage limitations of said policy,
including any identifying particular City activities or actions, must first be
reviewed by and written acceptance provided by the City before commencement of
work. A failure to provide insurance coverage and written acceptance of the
tendered policy shall be deemed to constitute non-acceptance of the contract
by the Contractor. The City reserves the right to then award the contract to
the next lowest bidder.
9. Contractor is responsible for locating any underground utilities
affected by the work and is deemed to be an excavator for purposes of RCW
Ch. 19. 122, as amended. Contractor shall be responsible for compliance with
RCW Ch. 19. 122, including utilization of the "one call " locator system before
commencing any excavation activities.
10. The Contract documents consist of this contract, the conditions of the
contract (general , supplementary and special conditions) , the drawings, the
specifications, any issued addendas, and all modifications issued after
execution of this contract. These form the contract, and all are as fully a
part of the contract as if attached to the contract or repeated herein.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be
executed the day and year first hereinabove written.
OWNER
DAN KELLEHER, MAYOR
4 -
ATTEST:
r
o 1
MARI--E -J&45-EN, CITY LERK
fret: '(
APPROVED AS TO LEGALITY:
( SANDRA DRISCOLL, CITY ATTORNEY
CONTRACTOR
ONSTRUCTION CO. , INC.
PAUL A. MAYER, PRESIDENT
WITNESS, IF INDIVIDUAL OR PARTNERSHIP:
2653R-15R
- 5 -
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this 13th day of FEBRUARY � D before me
personally appeared PAUL A. MAYER
and
, to me known to be
and PRESIDENT of the
corporation that executed the within and foregoing instrument, and
acknowledged said instrument to be free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated
that they were authorized to execute said instrument and that the seal affixed
is the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand the day and year first
above written.
p FICIAL SEAL Nota Public in and for e State
,,WTLE M. MAYER of ashington, residing at DES MOINES, WA
;A;;' PUBLIC-STATE OFWAVINGTON
SSiON LXPJf LS; 12.29.90
2653R-15R
- 6 -
TRUCK INSURANCE EXCHANGE
INTER CERTIFICATE AS TO EVIDENCE OF I JRANCE
THIS IS NOT AN INSURANCE POLICY.THIS IS ONLY A VERIFICATION OF INSURANCE. IT DOES NOT IN ANY W AY AMEND,EXTEND OR ALTER THE
COVERAGE PROVIDED BY THE POLICIES LISTED BELOW.
Named
Insured 114ayer Coils t- "i fic
y#-Gen.Liab.
Add,.,, paUl Appc r
As 'T.heir 141tr!rc%f;L�; 1 319
poft
Agent
Ag fLULL4-4-4-'11-
Policy#-Auto Liab.
.0.130--< 9828O PL-s Hloit'les Wa . 9t " -i3al,.y—# CARGO
Ti-,;s 'is to certify that r,.Oj;cies for the above insured are in force as follows: --P0-1..y—# Wo,-k—C.-Ip
This Interim Certiftate As To EvOenae of insurance sha-11 expire sixty days from fell.-!-d—tli M.,
19 2 .A. the named insured.
'M _20 , unless cant prior to such date by writ!ennotice to
44 please issue a Permanent Certificate COMBINED LIMITS OF LIABILITY
- jii'm
c5-;—RAGE
0 -
COi"EKED
'.0
COVERED UAINLITY $ 000 each person
0'vvned Bodily Injury $__,000 each occurrence
Hired
(,ri-Ow m--d Fj operty Damage $__,000 each occurrence
roployer's Non-Ownt-Irs 'P
uabil;ty
k-ontingent
Singe L-roii Lie-ii:,ility foi' checkedX, obo�e $_11 '000 000 each occurrence
GE"frAl 4 1ASILiTY
Bodily Injury $ 000 each person
&C - ()IT $ 000 each occurrence
Cc.,inizact-ors $ '000 annual aggregate
products*4•
Elevators Property Damage $ 000 each occurrence
annual aggregate
P s 'i C,"j/3 r $ 000 products***
s
or--rpleied Opetah,cin
S *Rove $ 1 '000
_-
Single Limit Li for C-�vProgc% (-h cked -- 000 each occurrence
000 annua!aggregate
500
$ products*41•
CARC.0 $ 000 each vehicle
$ 000 each occurrence
WORKERS, S!atulory
L-J M PENSATION
--
w Tnci p,70rdi nonce
Lec7s-e of Premises, Easement e s G— CO
,,)d s o,7-,17,, s—°,N(,,ronty, Wr:tten Agreement,
Agreement, 5idetrcick Agreement, Elevator or Escalator Maintenance Agreement only, unless accompanied by
t pro,��cling additional Controctuol Co,.eroq
-.�Pecific endorser�ien _e- --
D.— P
D '-.— Ian IDENTIFICATION NUMBER
OWNED YEAR, MAKE. iYPF OF BODY, LOAD CAPACITY
AUTO- LAST 3
MOB11 ES DIGITS
iF SHOWN
COVERED
10#000 000 retained limit
60044 98 67 Urnbrel!a Liribility
$ 1 000 r 000 each occurrence
$ aggregate
date, we shall
if this interim Cerfih;,-jte As To Evidence Off Insurance is 'a Ice cancelled prior to .d.e expiration
4 5 (4,ays -i.Dfice in wrlt,,-)g to ,-/hom ,h,s certificate is issue
provide
Certificate -ssui-d !0 parks and Recreatioa Doparirmeat Also naM'Od as
Name additiOnal insured .
And City 01f Kent
Address 220 1tt` Avenu,:� S01 L1,
Kent ova. 80032
Att.1jejen 11viC,,.-StrQ!l C.),jroers,qred
ilcp;
"'e' �oni'ot t]l and or completed open-toons
n -1 e�ris 4�e
to c'A-e's o'clf
5605145-8611501200;ST R, 1NJE0.jjq0SA OFFICE COPY
PUBLICWORKS CONTRACT BOND
STATE OF WASHINGTON
Bond No. 004653
Premium:$1 ,035.00
SBG# 1000-00537-087-41
KNOW ALL MEN BY THESE PRESENTS: That we, MAYER CONSTRUCTION CO INC
,as Principal,
CONTRACTORS BONDING AND INSURANCE COMPANY P.O. BOX 9271 SEATTLE WA. 98109 as Surety, are held
and firmly bound and obligated unto the State of Washington, CITY OF KENT PARKS AND RECREATION DEPARTMENT
in the full and just sum of FIFTY-SEVEN THOUSAND FIVE HUNpgFp SFVFNTFFN Anon 1 I(;HTY—FTVF CFNTS-
--------- ($ 57 517.85
lawful money of the United States, for the payment of which sum well and truly to be made, we do bind ourselves, our and
each of our heirs, executors and administrators, successors and assigns,jointly and severally, firmly by these presents.
This bond is executed in pursuance of Chapter 39.08, Revised Code of Washington.
The CONDITIONS OF THIS OBLIGATION ARE SU CH, That whereas the Principal entered into a certain contract
with CITY OF KENT PARKS AND RECREATION nFPARTMFNT dated the—12 day of EB-
for KITCHEN RENOVATIOWSPFCTAI POPIII ATTOnic pFcniiRrF rFniTFR
315 E. MEEKER ST. , KENT, WA
NOW, THEREFORE, if the Principal shall faithfully perform all the provisions of such contract and pay all laborers,
mechanics and subcontractors and materialmen, and all persons who shall supply such person or persons,
or subcontractors, with provisions and supplies for carrying on of such work, then this obligation is void; otherwise to
remain in full force and effect.
PROVIDED, HOWEVER, that the conditions of this obligation shall not apply to any money loaned or advanced to the
Principal or to any subcontractor or other person in the performance of any such work.
Signed and Sealed this 12TH day of FEB• 1990 .
AYE ONSTRUCTION CO. INC.
PRINCIPAL
PAUL A. MAYER TITLE '01W MFIU
/* it61 s
`
CB �i�' ORPO I�q�•'•�9y�4�i
OJNfRACPOR'S BONDINgSjJ KE COMPAN� %
Approved as to Form:
ATTORNEY IN'��l I97g s
JANET K. LOAI' SH G�Qs
� N
Home Office:
IC Limited 1213 Valley Street
P.O. Box 9271
CONTRACTORS BONDING Power of Attorney Seattle,WA 98109-0271
AND INSURANCE COMPANY (206)622-7053
KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY,a corporation duly organized and existing under the laws of the State of Washington,and having
its principal office in Seattle,King County,Washington.does by these presents make,constitute and appoint JANET K.LORRAINE,of Seattle,Washington,its true and lawful attorney-in-fact,with full power
and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver:(1)SBA guaranteed performance and payment bonds not exceeding the penal sum of$1,250,000,(2)bid
bonds for jobs where,if the contract is awarded,the SBA guaranteed performance and/or payment bond(s)will not exceed$1,250,000:(3)all other bonds coded and classified by the Surety Association of
America in its Rate Manual of Fidelity,Forgery and Surety Bonds(including future amendments thereto)as Judicial,Contract(excluding bid bonds),Miscellaneous,License and Permit,and Federal not exceeding
the penal sum of$2,000,000:(4)bid bonds for jobs written pursuant to the authority in clause(3)above where,if the contract is awarded,the performance and/or payment bond(s)will not exceed$2.000,000;
and(5)all other bonds not exceeding the penal sum of$500,000.Provided,however,that JANET K.LORRAINE is granted power and authority to exceed the applicable penal limit previously set forth for any
bond in an amount equal to the amount of any letter of credit.or similar security,received as collateral security by the Company as an inducement to issue the bond;and to bind the Company thereby as fully
and to the same extent as if such bonds were signed by the President.sealed with the corporate seal of the Company and duly attested by its Secretary;hereby ratifying and confirming all that the said attorney-
in-fact may do in the premises.Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the CONTRACTORS BONDING AND INSURANCE COMPANY
on January 2,1990:
RESOLVED that the President is authorized to appoint as attorney-in-fact of the Company JANET K.LORRAINE with power and authority to sign on behalf of the Company:It)SBA guaranteed
performance and payment bonds not exceeding the penal sum of$1,250,000;(2)bid bonds for jobs where,if the contract is awarded,the SBA guaranteed performance and/or payment bond(s)
will not exceed$1,250,000;(3)all other bonds coded and classified by the Surety Association of America in its Rate Manual of Fidelity,Forgery and Surety Bonds(including future amendments
thereto)as Judicial,Contract(excluding bid bonds),Miscellaneous,License and Permit,and Federal not exceeding the penal sum of$2,000,000;(4)bid bonds for jobs written pursuant to
the authority in clause(3)above where,if the contract is awarded,the performance and/or payment bond(s)will not exceed$2,000,000;and(5)all other bonds not exceeding the penal sum
of$500,000.
RESOLVED FURTHER that JANET K.LORRAINE is granted power and authority to exceed the applicable penal limit set forth in the preceding resolution for any bond in an amount equal
to the amount of any letter of credit,or similar security,received as collateral security by the Company as an inducement to issue the bond.
RESOLVED FURTHER that the authority of the Secretary of the Company to certify the authenticity and effectiveness of the foregoing two resolutions in any Limited Power of Attorney is
hereby delegated to the following persons,'he signature of any of the following to bind the Company with respect to the authenticity and effectiveness of the foregoing resolutions as if signed
by the Secretary of the Company:Donald Sirkin,Marc A.Mrkvicka,Charles J.Falskow,Michael L.Johnson and Steven A.Gaines.
RESOLVED FURTHER that the signatures(including certification that the Power of Attorney is still in force and effect)of the President,Notary Public and person certifying authenticity and
effectiveness,and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions may be by facsimile.
RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as attorney-in-tact for CONTRACTORS BONDING AND INSURANCE COMPANY are hereby
superseded.
IN WITNESS WHEREOF,CONTRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 2nd day of January,
1990.
CONTRACTORS BONDING AND INSURANCE COMPANY
S�pND1NG 8`i+ttr
�POR�'•Aso rh
Yx 2 �
By:
Steven A.Gaines,President
STATE OF WASH INGTON—COUNTY OF KING itrr+gSH I IN GAO
On this 2nd day of January,1990,personally appeared STEVEN A.GAINES,to me known to be the President of the corporation that executed the foregoing Limited Power of Attorney and acknowledged said
Limited Power of Attorney to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and on oath stated that he is authorized to execute the said Limited Power
of Attorney.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year fffeRJe _
�dA�Q.Vss10
ro
r�
otary Public in and for the State of Washington,residing at Sea Me Oz' O: 1°�G�D�r,rP
The undersigned,acting under authority of the Board of Directors of CONTRACTORS BONDING bANY,hereby certifies,as or in lieu of Certificate of the Secretary of CONTRACTORS
BONDING AND INSURANCE COMPANY,that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Company,and does hereby further certify that the said
Power of Attorney is still in force and effect.
GIVEN under my hand at SEATTLE, WA this 12TH day of FEBRUARY 1s 90
PoaJL01.07-US010290
PREVAILING WAGE AFFIDAVIT FORM
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I, the undersigned, having been duly sworn, depose, say and certify that
in connection with the performance of the work outlined in this principal
contract, will pay the prevailing rate of wage for each classification of
laborers, workmen, or mechanics as specified within these contract documents
to all such employed in the performance of this contract. I understand that
this requirement extends to any of my purchase of materials off-site or
manufacture of materials specifically designed for this project. That I have
read the above and foregoing statement and certificate, know the contents
thereof and the substance as set forth therein is true to my knowledge and
belief.
CONSTRUCTION CO. , INC.
CON CTOR PAUL A. MAYER, PRESIDENT
Subscribed and sworn to before me on the 13thday of FEBRUARY 11RO
OFFICIAL SEAL
- �na �
MYRTLE M. MAYER �Nota , u is �d ��e of
-,TARYPUBLIC-STATE OFWASHINGTON a Washington, residing at DES MOINES, WA
,v�1�1 SSION EXPIRES: 12-29.JJ
- 7 -
COPELAND ANTI - KICKBACK ACT
PAGE 1
PART 1 GENERAL
1.01 COPELAND ANTI-KICKBACK ACT
A. All contracts and subcontracts for construction or repair shall include a provision for
compliance with the Copeland "Anti-Kick-Back"Act( 18 USC 874) as suppemented in
Department of Labor regulations (29 CFR, Part 3). This Act provides that each
contractor or subcontractor shall be prohibited from inducing, by any means,any person
employed in the construction,completion,or repair of public work,to give up any part of
the compensation to which he is otherwise entitled. The sponsor shall report all suspected
or reported violations to the Department of Labor.
END OF SECTION
CERT I F I CAT I ON OF EQUAL
EMPLOYMENT OPPORTUNITY
PAGE 1
PART 1 GENERAL
1.01 CERTIFICATION OF EQUAL EMPLOYMENT OPPORTUNITY REPORT
A. The Contractor is hereby advised that by signature of the proposal he is deemed to have
signed the following certificate required for this Project:
B. Certification with regard to the Performance of Previous Contracts or Subcontracts
subject to the Equal Opportunity Clause and the filing of Required Reports.
That the bidder hereby certifies that he has participated in a previous contract or
subcontract subject to the equal opoportunity clause,as required by Executive Orders
10925, 1 1 1 14,or 11246,and that he has filed with the Joint Reporting Committee, the
Director of the office of Federal Contract Compliance,a Federal Government contracting or
administering agency,or the former President's Committee on Equal Opportunity,all
reports due under the applicable filing requirements.
NOTE: The above certification is required by the Equal Employment Opportunity
Regulations of the Secretary of Labor (41 CFR60-1.7 (b) ( I ), and must be submitted by
bidders and proposed subcontractors only in connection with contracts and subcontracts
which are sonlce�ntracis equal
or subcontracts of$10,000 or under nare exempt), 5
(Generally y
Seattle
Telephone: (206) 442-4508
Joint Reporting Commission
P.O. Box 2236
Norfolk,Virginia 23501
Telephone: (804) 625-3734
Currently,Standard Form 100 (EEO-1) is the only report required by the Executive
Orders or their implementing regulations.
END OF SECTION
CERTIFICATION OF NON-SEGREGATED
FACILITIES
PAGE 1
(Applicable to federally
�eanot assisted
exempt td the construction Equal a Opportunity clause)nd related subcontracts exceeding
$10,000 which a
The federally assisted construction contractor certifies that he does not maintain or provide for
his employees any segregated facilities at any of his establishments,and that he does not permit
his employees to perform their services at any location, under his control,where segregated
facilities are maintained The federally assisted construction contractor certifies further that he
will not maintain or provide for his employees any segregated facilities at any of his
establishments,and that he will not permit his employees to perform their services at any
location, under his control, where segregated facilites are maintained. The federally assisted
construciton contractor agrees that a breach of this certification is a violation of the Equal
Opportunity clause in this contract. As used in this certification,the term "segregated facilities:
means any waiting rooms,work area, rest rooms and wash rooms, restaurants and other eating
areas, time clocks, locker rooms and other storage or dressing areas, parking lots,drinking
fountains, recreation or entertainment areas, transportation,and housing facilities provided for
employees which are segregated by explicit directive or are in fact segregated on the basis of race,
creed,color,or national origin, because of habit, local custom,or otherwise. The federally
assisted construction contractor agrees that (except where he has obtained identifical
certifications from proposed contractors for specific time periods) he will obtain identical
certifications from proposed subcontractors prior to the award of subcontracts exceeding
$10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he
will r ch cer"ficaitons in his files.
FEBRUARY 13, 1990
Signature Date
PAUL A. MAYER , PRESIDENT
Name and Title of Signer (Please Type)
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
MINORITY BUSINESS ENTERPRISE
CERTIFICATION
PAGE 1
(Certifies)
Signature of Bidder
That:
A) it (does) (does not) intend to sublet a portion of the contract work and (has) (has not)
.taken affirmative action to seek out and consider minority business enterprises as
potential subcontractors.
B) the contracts made with potential minority business enterprise subcontractors and the
results thereof are listed below: '(if necessary, use additional sheets).
1.
(Name of Firm, Bid Item, Results of Contracts)
2.
3.
4.
5.
Mr. / Mrs. has been designated as the liaison
officer for the administration of the minority business enterprise program for this firm.
CERTIFICATION OF LAWFUL EMPLOYMENT
The Contractor hereby certifies that it has
complied with all provisions of the Immigration and
Nationality Act, now or. as herein after amended, 8
USC Section 1101 et. seq. , and that all employees,
including subcontractor employees, are lawfully
permitted to perform work in the United States as
provided in this agreement with the City of Kent.
-cP�.
Con ractor PAUL A. MAYER, PRESIDENT
Subscribed and Sworn to before me this
13th day of FEBRUARY 1990
No�Public in and for he
State of Washington
OFFICIAL SEAL
MYRTLE N1, MAYER
NOTARY PUBL!C-STATE OF WASH(NGTON
MY CCh1MiSSION EXPIRa: 12•29-90'
KING COUNTY
PIANNING AND
COMMUNITY DEVELOPNE]T
h
. j
Friday
October 3, 198a
Part 1HI1
Department, of Labor
Office of. Federal Contract Compliance
Programs
Construction Contractors, Affirmative
Action Requirements. Construction
Industry, Goals for Minority Participation
65978 Federal Register / Vol. 48. No. 194 / Friday. October 3. 1980 / Rules and Regulations
DEPARTMENT OF LABOR November 6.1979,were analyzed and affirmative action requirements to
considered.but are not included in the tionfederally related construction .
office of Federal Contract Cornpllanoe above count.None of the 154 comments projects is a new requirement-More
Programs dealt with the proposed clarification of specifically, they asserted that
41 CFR 80-4.&and only 34 dealt with paragraph 7q constitutes a substantive
41 CFR Part 60-4 the proposed clarification of paragraph change in the regulations rather than a
Construction Cotnsaeitacit,Attirmattve 7q of 41 CFR 6o-4.3.The overwhelming clarification of existing requirements as
Action Requirements majority of the comments dealt solely stated in the September 7, 1979. Federal
with the proposed nationwide minority Register proposal (43 FR 52Z83).To the
AoEmcr.Office of Federal Contract goals contained in the separate contrary,by its expressed terms. the
Compliance Programs.Labor. September 7.1979. Federal Register proposal did not establish a new
Aerorc Final rule. Notice. requirement.Rather the proposal simply
clarified which goals (that is. the goals
suMscARY.The regulations published Summary of Comments of a specific geographical area) are
today clarify 1,Several contractors and contractor
the existing requirement is applicable to a contractor's workforce
qi CFR 80-4.1 that a nonexempt when the contractor is performing
construction-contractor's total associations objected to coverage of construction work in two or more
construction.workforca is covered under noafederally involved construction locations and each location is subject to
41 CFR Part 60-4 even though some of projects.Contractor's and their different goals (e.g.. two separate
ded that theten
the contractor's employees perform associations con SMSAs)•
work on non-Federal or nonfederally ci8 proposal is in reality a major The relevant regulation is 41 CFR
assisted construction contracts or change in the regulations.They go-4.L which was promulgated as a
subcontracts. and even though such contended further that such.coverage final rule on April 7,1978(43 FR 14888),
is `Mould be inflationary,would place them and which has been effective since May
aotsfederally related work may occur
geographical areas where the contractor in a poor competitive position with' &197&That regulation provides, in
respect companies without Federal pertinent part.as follows:
does not currently have work on Federal
or federally assisted construction contracts.would make campanier
reluctant to bid on.Federal contracts in part applies to all contractor and
projects. e fut subcontractors which hold any Federal or
MTPICTM DATE These regulations shall the
future.and would be as intrusion is federally assisted construction contract in
take effect November I1980. p rector affairs. excess of SIo.on The regtilations in this part
Z.Contractor associations contended are applicable to all of a consttuctl=
POR FURTHER popomm noN COKTACr.. that there will be additional and contractor's or subcontractor's construction
James Cisco.Acting Director.Division of burdensome reporting requirements employees who are engaged in onsite
Program Policy, Office of Federal associated with monitoring activity on construction lnciuding chose construction
Contract Compliance Programs,Room private sector projects. employees who work on a noniedenady
C-3VA.US.Department of Labor.=a 3.Both contractors and individuals funded ornonfederaily assisted construction
Constitution Avenue.NW.Waahingttsn* recognized the indusay's legal site ' ' ' (Emphasis added.)
D.C.20210,Telephone(202)523-942& obligations to take affirmative action. Nothing in the language proposed as
SUPPLEMENTARY INRORMAMOM On but objected to the 510,000 jurisdictional paragraph 7q would alter.by extension
September 7.1979,the Office of Federal amount for goals coverage:some , or otherwise. that basic obligation.
Contract Compliance Programs. suggested instead that the jurisdictional Further, the Department of Labor's
(OFCCP);US.Department of Labor. amount be raised To S50.000 or 5100.000 nationwide goals for female
published for comment is the Federal 4.Contractor associations contended participation in the construction
Register(44 FR 52283) a proposal to that the net result of implementing industry have.since their effective date
clarify 41 CFR Part 60--k regulations for section 7q and nationwide goals will be (May&1978).been applicable to a
the construction industry,pursuant to a decease in the number of minority non-exempt contractor's total onsite
Executive Order 11248.as amended. (30 employees:and in some instances construction workforce throughout the
FR 12319. 32 FR 14303,43 FR 1488&) "reverse disci*ni^ation" as contractors United States—cegerdless of whether
Also published for comment was a attempt to meet specific goals. the total workforce is empioved on a
proposed Notice and Appendix to 5. One comment proposed that the federally related or-non-federally
establish goals for minority employment regulation apply to private sector related project(and regardless of
for each SMSA and EA(44 FR 52348). projects only after a Federal award has whether there were specific goals in
That Notice and Appendix are published been made. i.a. prospectively, and then existence for minorities (43 FR 14899)).
in final form today elsewhere in the only to private projects in areas where a The regulation is consistent with the
Federal Register.Comments were contractor has Federal or federally general approach under Executive Order
received until November a.1m on each assisted construction. =46 regulations that a contractor's
proposal. & Several public interest groups. acceptance of a single covered contract
One hundred fifty-(our written advocacy groups. and Government makes all of that contractor's workforce
comments were submitted by agencies praised the proposal.However, and facilities covered unless otherwise
individuals and groups during die they expressed concern about OFC="s specificallv exempL See. for exampie.41
comment period.The comments were ability to monitor compliance CFR Part 60-2 (Revised Order 4) under
directed either to the proposed adequately on private sector projects. which each nonconstruction contractor
c:arification. the proposed minority and called for the establishment af subject to Revised Order 4 trust cpmpiy
employment gpais or to both proposals. improved employee reporting with the written affirmative action
Each submission has been thoroughiy mechanisms. program requirements at each of its
reviewed.and each criticism and each Discussion establishments.
suggestion has been given careful This same approach has been
consideration.Additional comments Some comments suggested that the applicable to the construction industry
received and postmarked after appiicatioa of Executive Order Since 197,, *he Philadelphia Plan.for
Federal Register / Vol. 45. No. 194 / Friday, October 3, 1980 / Rules and Regulations 65977
example,initially was limited to have been summarized above simply are Gomm a tee„ Goo.b mmmm
federally involved construction projects. not on point Each comment,as TM�� �.a" °r`°°:��own
Contractors at the time of a compliance indicated above.however,has been
review would shift their minority considered.In addition, those comments """s°"1ar '"'9MA W
workers from private sites to federally also have been treated in the Notice and Sam yew. Own
yew
involved projects.This practice was Appendix regarding minority goals
referred to as "bicycling."The which are published elsewhere in the These goals are applicable to all the
Philadelphia Plan was amended in 1971 Federal Register today. Contractor's construction work(whether or
to cover the contractor and therefore It has been determined that this not it is Federal or federally assisted)
covered both federally related and document does act contain a ma or performed in the covered area.If the
private projects. (See Nash,Afffnnotive requiring the preparation of a contractor performs construction work in a
Action Under Executive Order 11246, 46 proposal q p p covered are area located outside l the
� regulatory analysis colder Executive covered area.it shall apply the goals
N.Y.U.L.Rev.2-15.240(1971).) Order 12044(43 FR 1Z881) or under the established for such geographical area where
The proposal then did not propose to Department's guidelines implementing the work is actually performed.With regard
establish new requirements:rather it Executive Order 120". to this second area.the contactor also is
was desismed to eliminate confusion This document was prepared under subject to the goals for both its federally
surrounding the phrase "covered area" the direction and control of Weldon 1. involved and nonfederally involved
as that phrase is used in 41 CFR Part Rougeatt,Director. Oflice of Federal construction.
geographical
a referring to the various Contract Compliance Programs. The Contractor's compliance with the
been established.
ed. where goals have Accordingly,41 CFR Part 60--4 is Executive Order and the r_gulations in 41
been established.Questions ruses g Y• CFR Part eo--E shall be based on its
raised.for example, as to whether a amended as set forth below: implementation of the Equal Opportunity
contractor which is awarded a federally Dated:September 30,198M Clause,specific affirmative action obligations
involved construction contract in SMSA Ray Marshall, required by the specifications set forth in
X should apply the goals established for eecretaryofLabor. 41 CFR 80-4.3(aL and its efforts to meet the
SIv1SA X to its non-Federal work in ecr goals.The hours of minority and female
SMSA Y or the goals established for John N.Gentry. employment and training must be
SMSA Y to that non-Federal work in Under Secretary. substantially uniform throughout the length of
SMSA Y.Paragraph 7q merely was Donald Elisburg, the contract,and in each trade.and the
intended to explain that construction Assistant Secrets contractor shall make a good faith effort to
P ry,£m toymentStoadards p contractors and subcontractors were to Administration. empioy minorities and women evenly as each
of its projects.The transfer of minority or
apply the goals of the SMSA or EA Weldon).Rougesu. female employees or trainees from
where the contract was actually being Director.Offire of Federal Contract Contractor to Contractor or from project to
performed.The proposed amendment to Compliance Proyrams. project for the sole purpose of meeting the
41 CFR Contractor's goals shall be a violation of the
(Secs.201.202,..05.211.301.30..and 303 of
60-4.6 was intended to achieve the same E.O.11248,as amended.30 FR 123:9:32 FR contract the Executive Order and the
purpose.The proposal,as has been 143=:43 FR 48501) regulationa in 41 CFR Part 60-4.Compliance
stated herein,would achieve the with the goals will be measured against the
clarification in part by adding a new 1.41 =60-4.2(d)is amended by total work hours performed.
paragraph q to clause 7 of the Standard revising paragraph 2 of the "Notice of 3.The Contractor shall provide written
Federai Equal Employment Opportunity Requirement for Affurmative Action to notification to the Director of the Office of
Construction Contract specifications. Ensure Equal Employment Opportunity Federal Contract Compliance Programs
Upon reflection,however,paragraph 4 (Executive Order 11246)," to read as within 10 working days of award of any
of the cpecifications appears to be a follows: construction subcontract in excess of SI0.000
more appropriate point to add the at any tier for construction work under the
amendment Accordingly,paragraph 4 of 3 60"'2 -o""citatlona. contract resulting from this solicitation.The
the specifications has been amended notification shall list the name,address and
telephone number of the subcontractor,
rather than to add a paragraph q to A The following notice shall be employer identification number of the
paragraph 7. included in.and shall be a part of,all subcontractor,estimated dollar amount of the
The September 7,1979.Federal solicitations for offars and bids on all subcontracc estimated starting and
Register notice did not propose an Federal and federally assisted completion dates of the subcontract:and the
amendment to 41 CFR 60-4.2.However, construction contracts or subcontracts 9-graPhical area in which the subcontract is
paragraph 2 of the "Notice of in excess of S10.000 to be performed in to be performed.
Requirement for Affirmative Action to geographical areas designated by the 4.As used in this Notice.and in the
Ensure Equal Employment Opportunity Director pursuant to § 60--4.6 of;his part contract resulting from this solicitation, the
(Executive Order 11246)"(which follows (see 41 CFR 60-4.2(a)): "covered area"is(insert description of the
41 CFR 60-4.2(d))also may need geographical areas where the contract is to
clarification on the same point. Notice of Requirement for Aflurnative.Action be performed giving the state.county and
Accordingly,paragraph 2 of the Notice To Ensure Equal Employment Opportunity city,if any).
has been amended to make it clear that (Exe=:ive Order 12246)
a covered construction contractor is I.The Offeror's-or Bidder's attention is Z.41 CFR 60-4.3(a) is amended by
subject to the goals applicable to the called to the"Equal Opportunity Clause"and revising paragraph 4 of the Standard
geographical location where the the"Standard Federal Equal Employment Federal Equal Employment Opportunity
construction work is being performed Specifications"set forth herein. Construction Contract Specifications
and that all its projects.tivnether or not Z.The goals and timetables for minority (Executive Order 11246j to read as
the are all its it and female participation.expressed in follows:
Y y involved,are covered percentage terms for the Contractor's
by the goal requirement. aggregate workforce in each trade on all E
The other comments which were §60-1 3 Equal opportunity clauses.
construction work i n the covered area.are as received on the proposal and which follows: (a)
65973 Federal Register / Vol. 45. No. 194 / Frilav, Oder 3. 19M / Mules and Retrulations
Standard Federal Equal Employment
Opportunity Construction Contract
Specifications(Executive Order 11246)
;.The Contractor shall implement the
specific affirmative action standards
provided in paragraphs 7 a 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.Covered Construction
contractors performing construction work in
geographical areas where they do not have a
Federal or federally assisted constuctioa
contract shall apply the minority and female _
goals established for the geographical area
where the work is being performed.Goals are
sblished periodically in the Federal Register
in notice form.and such notices may be
obtained from any Office of Federal Contract
Cemphance Programs office or from Federal
'rocumment contracting officers.The
Contractor is expected to make substantially
•_-tiform progress in meeting its goals in each
-art during the period specified.
3.41 CFR 60-4.ti is amended to read as
follows:
§60-4.6 Goals and timetabea.
The Director,from time to time.shall
'.ssue goals and timetables for minority
and female utilization which shall be
based on appropriate workforce,
demographic or other relevant data and
which shall cover construction projects
or construction contracts performed in
spec:rc geographical areas.The goals,
which shall be applicable to each
construction trade in a covered
contractor's or subcontractor's entire
workforce which is working in the area
covered by the goals and timetables.
-hall be published as notices in the
Federal Register,and shall be inserted
by the contracting officers and
applicants,as avolicabie.in the Notice
required by 41 CFR 60-4.2.Covered
censtnction contractors performing
construction work in geographical areas
where they do not have a Federal or
federally assisted construction contract
shall apply the minority and female
goals established for the geographical
area where the work is being performed.
[PR rba M-aWn Filed 10-2�646 amt
SUAJNG cooE 4510-27-4
Federal Register / Vol. 45. No. 194 / Friday. October 3. 1980 / Notices 65979
DEPARTMENT OF LABOR affirmative action programs, among Special Bid Conditions, limited to
other things,are required to contain specific construction projects.
Office of Federal Contract Compliance separate goals and timetables for Accordingly,neither type of affirmative
Programs minorities and women.The goals reflect action program provided for a nation-
Goals for Minority Participation in the the difference between such contractors' wide system of defined affirmative
Construction industry rate of utilization of minority and female action goals.We turn now to a brief
emplov�•es and the availability of those description and analysis of each of these
On September 7,1979. the Department groups in the relevant labor area. types of plans.
of Labor published in the Federal Service and supply contractors for a Imposed Plans for the most part were
Register(44 FR 52348) a notice number of vears now have been under implemented in major metropolitan
requesting comments on proposed an obligation to implement the areas where there was substantial
employment goals for minority workers Executive Order's affirmative action Federal or federally assisted
in the construction industry.The requirement in this manner. construction,and applied only to those
proposed notice contemplated a single A different approach was developed projects which were valued in excess of
goal for minority employment,and an with regard to construction contractors. S500,000.These areas included at one
appendix was attached which proposed Unlike service and supply contractors, time or another Philadelphia,
goals for minority utilization in each construction contractors normally have Washington,D.C..San Francisco, St.
standard metropolitan statistical area not been required to develop,on an Louis,Atlanta, Camden,and Chicago.
and ir, each economic area. On October individual basis, written affirmative Imposed plans generally were published
5. 1979. the Equal Employment action programs. Rather, for the in 41 CFR Chapter 60. but the
Opportunity Commission(EEOC) construction industry, written Philadelphia Imposed Plan was never
published,a related document in the affirmative action programs have been codified in the Code of Federal
Federal Register(44 FR 57491) developed by the local construction Regulations.
requesting comments on the question of industry itself, subject to approval by Hometown Plans were tripartite
whether a specific and separate the Department of Labor, or the Office of agreements among the contractors and
percentage goal should be established Federal Contract Compliance Programs the unions in an area and the local
for each minority;coup, would develop the affirmative action minority community.The three croups
This final Notice and the Appendix B- programs for various geographical areas. would develop a plan for compliance
80 attached hereto.supersede Appendix These programs did contain affirmative with the Executive Order and present it
B of the Notice issued on April 7,1978. action goals. Nonexempt construction to the OFCCP for approval.11 the
(43 FR 14899) and corrected on May 5, contractors working in those OFCCP approved the plan, it constituted
1978.(43 FR 19473) and Appendix B-1 of geographical areas would then be the contractors'obligations under the
the Notice issued on March 20.1979. (44 required to comply with the affirmative Executive Order and so long as they
FR 17116) which established goals under action programs.This requirement or complied with the plan they also were in
Executive Order 11246 for minorities obligation was imposed by compliance with the Order. Presently,
working on construction projects located incorporating the written area-wide there are 27 approved Hometown Plans
in certain areas.This Notice is issued affirmative action program into the in operation.
pursuant to 41 CFR 60-4.6 and contractor's contract. Special Bid Conditions were
establishes goals under Executive Order All construction contractors developed to impose affirmative action
11246.as amended(30 FR 12319.32 FR traditionally were required to comply obligations on construction contractors
14303 and 43 FR 46501). for minorities in with the Executive Order's Equal which were working on certain high
the construction industry. Ooportunty clause, published at 41 CFR impact projects which were being
Background 60-1.4(a) and (b), which mandates constructed in an area which was not
Executive Order 11246. as amended, nondiscrimination and affirmative covered. as a general rule. by a
prohibits nonexempt Federal and action. (See Executive Order 11246. Hometown or Imposed Plan.
federally assisted construction § 202 and 301.)Not all construction These three types of affirmative
contractors and subcontrators from contractors were subject to goals and action plans were not implemented
discriminating against any emplo}ee or timetables, however. because these through a regulatory scheme applicable
applicant for empioyment because of area-wide programs were not develo developed to the construction industry on a nation-
race, color,religion,sex, or national for each geographical area where p wide basis.Rather they were included
,in.In addition,such contractors and contntction was taking place. in the solicitations which precede the
subcontractors are required to take This difference in treatment between award of contracts. One of the
affirmative action to ensure that construction industry contractors and shortcomings of these approaches was
applicants are emoloved. and that service and sun p 1 S y contractors resulted that substantial federally involved
emplovees are treated durin construction was being conducted
g because of the limitations of the three outside of the small number of
employment,without regard to their basic types of affirmative action geographical areas which had either an
race. color,religion, sex or national programs which the Office of Federal Imposed or Hometown Plan, and such
origin.Section 201 of the Order provides Contract Compliance Programs (OFCCP) construction therefore took place
that the Secretary of Labor shall adopt desi-ned for the construction industry. without benefit of specific affirmative
rules.regulations and orders as he The three baisc 0%pe of affirmative action requirements. Also, contracting
deems necessary and appropriate to action programs developed for the
achieve the purposes of the Order. officers were confused by the different
construction industry were(1) Imposed types of affirmative action plans and
Serice and supply contractors (i.e.. Plans. (2) Hometown Plans and (3) sometimes did not know which ones
nonconstruction contractors)with at Speciai Bid Conditions. One of the basic covered specific geographical areas or
least 50 employees and a contract of at limitations of these types of olans or projects.In addition,some contracting
ieast S50.000 are reouired to develop and affirmative action programs was that agencies, perhaps because of the
impiement written affirmative action they were limited to a specific confusion, did not adhere to the
programs (see 41 CFR Part GC-2).These geographical area or. in the case of different notices and formats developed
65980 Federal Resister / Vol. 45. No. 194 / Friday. October 3, 1980 / Notices
by OF=.As a consequence. specified obligations were imposed with Federal contractors and subcontractors
construction contracts frequently were which signatories to the plans were except construction contractors have been
awarded which did not contain the required to comply within a certain required to establish goals and timetables for
notice indicating that they were subject period of time in order to continue women.Construction contractors.on the
to the Executive Order even though the OFCCP's approval of the specific other hand.have been required to establish
contracts were subject to the Executive Hometown Plan. See 43 FR 14890. The goals for minority workers.and then.only tt
1 ( ) the construction contract was bring
Order and were to be performed in an Model EEO Bid Conditions,the performed in a geographical area covered by
area which had either an Imposed or procurement device by which the a Hometown Plan or an Imposed Plan or if
Hometown Plan.The Imposed Plans affirmative action obligation under the the contract was awarded subject to Special
presented a special problem because a old system was placed on construction Bid Conditions.• • • Unlike nonconstructton
number of contractors sometimes failed contractors.also were discontinued. contractors,who were and are required to
to sign the certification which appeared In lieu of these procedures.the April develop detailed affirmative action programs
in the appendix in Imposed Plans. 7.1978,regulations developed nt w (Which include goals and timetables for
women and minorities),the only implemented
Failure to sign the certification procedures for Federal agencies and affirmative action obligation imposed on
frequently was unrelated to the procurement contracting officers to construction contractors had been the goals
contractors' commitment to the follow in awarding Federal and and timetables established in the Hometown
affirmative action requirements. federally assisted constriction Plane.Imposed Plans or Special Bid
However, the certification was held to contracts.In a separate action on that Conditions.Nevertheless,all Government
be a material part of the bid and those same day,goals were established for contractors and subcontractors,inciudinR
bids which did not contain a signed women in the construction industry on a construction contractors and subcontractors.
certification were rejected as nationwide basis.Although the Imposed afire to every contract to • take
nonresponsive.A number of these Plans were terminated. the regulations are employed.
action to ensure that applicants
p g are employed.and that employees are treated
rejected bids were low bids,and the continued in effect the goals which had during employment.without regard to their
result was to increase the cost of been developed for minority workers race,color.religion. sex or national
construction to the Government. under the Imposed Plans until new goals origin."(Section 202 cl.1.Executive Order
Another deficiency in the old were adopted for such groups by 11248.as amended.)
programs was that no specific OFCCP.The Imposed Plan goals applied
affirmative action standards were only to minorities:however.a number of A number of methods and procedures for
applicable to women in the construction the plans defined minority to include establishing goals and timetables for the
industry. minority women. construction industry have been considered
Under the old procedures.compliance A key element of that regulation is 41 and the OFCCP has concluded that this
agencies developed Special Bid CFR 60-1.&With-regard to this section Notice form is the most reasonable and efficient way to inform construction
Conditions for high impact projects for of the regulations. the preamble to the contractors of their obligations and to protect
which they had compliance April 7,1978,regulations stated in workers under the Executive Order.First.the
responsibility. OFCCP approved the relevant part as follows (43 FR 14892): Hometown Plan concept contemplates that
Special Bid Conditions,but the Bid This section requires the Director of contractors.unions and the local community
Conditions were applicable only to the OFCCP to issue goals and timetables for voluntarily will agree to an affirmative action
project for which they were approved. minority and female utilization which shall plan.submit it to the OFCCP for approval
Accordingly,if a compliance agency be based on appropriate workforce, and.if approved.compliance with the plan
demographic or other relevant data.The will constitute compliance with the Executive
failed to develop Special Bid Conditions goals shall cover specific construction Order.This process is time consuming and
for a project for which it had compliance projects or construction contracts performed does not always guarantee agreement.
responsibility, the project was not in specific geographical areas. • ' ' It is Indeed.under this process only 62 Hometown
covered by an affirmative action plan anticipated that within the very near future Plans have been developed and approved
(i.e..if the project was not otherwise in OFCCP will propose standards and foals for and only 33 presently exist.These plans
an area covered by a Hometown or an minority utilization pursuant to 41 CFR 50-4.6 cover only a small fraction of the cities in the
Imposed Plan).This would be true even of the regulations published today.Until country and only a small portion of Federal
though another project in the same labor those goais are published in final form, the and federally assisted construction.Similarly
market area may have been covered by goals and timetables applicable under the Imposed Plans require long and drawn-
Special Bid Conditions develo ed b existing OFCCP requirements will continue to out proceedings before they are implemented.
P y be effective. These proceedings include public hearin¢s in
another compliance agency.The Special each area where the plan is imposed and
B:d Conditions did apply,however, to a Section 201 of Executive Order 11246,as subsequent publication in the Federal
covered contractor's entire workforce amended,mandates the Secretary of Labor to• Register and codification in the Code of
working in the labor market area where 'adopt such rules and regulations and issue Federal Regulations.Moreover..the hearing
the covered project was located such orders as he deems necessary and process did not always produce reliable data
although some employees may not have appropriate to achieve the purposes ' • • of upon which reasonable goals could be based
worked an the project. the Executive Order.Section 2o2 of the thereby making it necessary for the OFCCP to
To correct the deficiencies and Executive Order requires every nonexempt develop the goals using Census Bureau
Federal contractor or.subcontractor, prepared data.Through this process,seven
limitations of the different types of
including Federal and federally assisted plans have been imposed.
affirmative action programs for construction contractors and subcontractors In order to cover some of the major Federal
construction contractors, the (see 1 301 of the Order),to take affirmative and federally assisted construction contracts
Department of Labor on April 7,197& action. being performed outside of Hometown and
published a regulation(presently "The Department of Labor's experience Imposed Plan areas,Special Bid Conditions
codified at 41 CFR Part 60-4)governing with affirmative action has demonstrated were designed.Under this concept the
the employment practices of contractors that goals and timetables are the most compliance agencies establish goals and
which had construction contracts in concrete and effective system for timetables for construction contracts for
excess a wrist. c addition. the implementing the affirmative action which they have compliance responsibility
obligation contained in the Executive Order. and submit the Special Bid Conditions to the
Imposed Plans were terminated. Since-oals and timetables were implemented OFCCP for approval prior to the time the bids
Hometown Plans were retained but as an affirmative action requirement,all or offers were solicited.Special Bid
Federal Register / Vol. 45. No. 194 / Fridav, October 3: 1980 / Notices
65981
n that
Conditions unlike Hometown and lmoosed foccE wou d hawith a ve a percent
minortty goal of inority ZOr current l calroups supported
d tothe,
be utilized. that
Plans.however,arc limited to the projects for 1980 data,when available.be used to
which they were designed.Accordingiv.two percent for each craft and trade set minority goals. they cited different
projects being in close proximity would employed by the contractor in the
require separate Bid Conditions if the S%1SA.and would be required to take reasons for their conclusions.Some
projects involved were assigned to different every good faith step to ensure that 20 comments also asserted that the 1970
agencies for compliance purposes.or no Bid percent of its work hours were Census data undercounted minorities.
Conditions at all if the compliance agency did erformed by minoriiv workers. and that the resultant goals should.
not act prior to the soiicitation P
The three affirmative action methods One hundred fifty four written therefore.be
higher than those propose
previously used do not aliow for an efficient comments were received by the by3.Government officials and advocat Y
system which provides a fair degree of- Department of Labor during the also expressed concern for wha
protection for construction empiovees.The comment period.The comments were groups
notice system.on the other hand allows for directed both to the proposed notice they perceived to be a lessen.Thheseing of
the use of the best data available.which was regarding minority goals and to the employment opportunities for ere tie t
not always forthcoming in hearings,and an proposed clarification of 41 CFR Part 60- in the construction industry
efficient and prompt implementation of the 4, published for comment on the same comments identified specific major
cities where the proposed goals would
goais which result from that data, date(44 FR 5Z283).Each of the
• comments has been thoroughly be lower than existing Hometown Plan
It was against this background that legislated goals or the
reviewed and considered including goals or locally le
the Department of Labor published a comments which were received after the OFCCP's interim minority goals
notice in the Federal Register(44 FR closing date.In addition, the have published at 43 FR 14888. Some
52348) on September 7,1979.proposing analyzed and given careful comments suggested. and in some
to establish numerical goals for minority consideration to comments received by instances advocated, adoption of a
utilization in the construction industry the Equal Employment Opportunity three-goal concept(central city goal.
pursuant to Section ZOZ of Executive Commission (EEOC) pursuant to its SMSA goal. and EA goal). Other
Order 11246 and 41 CFR 60-4.6.In October 5,1979(44 FR 57491). request comments suggested that some form of
proposing the goals. the Department of for public comment on whether the "targeting" of critical areas would be
Labor had several concerns.First, there proposed minority goals should be preferable in order to maintain or
was concern that standards, aggregated or disaggregated by increase minority gains in urban areas.
methodologies and procedures should individual minority subgroup.The 4.Other comments,primarily from
be established which are not confusing comments received after the dosing contractors,objected to the use of the
to contracting agencies and procurement date and by EZ-OC are in addition to the ..single goal for all crafts" concept.They
contracting officers at both the Federal 154 comments mentioned above. contended that a single goal is
and State and local government levels unrealistic and ignores variations in skill
(in the case of federally assisted Summary of Comments levels and the actual availability of
construction).In this connection.it was 1.A number of the contractor skilled workers.
important that once such standards and associations objected to the Economic As indicated above, on October 5.
methodologies are developed that they Area (EA) and Standard,tetropoiitan 1979, the Equal Employment
conveniently lend themselves to Statistical Area (SINISA) as the basic Opportunity Commission(EEOC) also
utilization by procurement contracting geographical emits on which goals are to published a proposal requesting
officers. be established.The associations comments on whether OFCCP's minority
Second.it also was important that all expressed the view that their contractor- goals should be disaggregated.That is.
covered construction be subject to the members'respective EAs bore neither whether there should be separate goals
numerical goal requirements.In this geographical nor economic relationships for each minority group.Also, as
connection, the Department of Labor to 0 ISAs.Further.a significant number indicated above. the Department of
was concerned that a system as uniform of associations contended that the Labor has analyzed those comments as
as possible be established so that all commuting patterns in their members' well.
covered contractors are treated equally localities were inverse to the models The comments received by EEOC
and that one does not enjoy advantages determined by the Bureau of the Census, supporting aggregation may be
over others in competing for federally i.e..the associations asserted that summarized as follows:
involved construction contracts. workers travel from EAs to SMSAs for 1.Because the construction industty's
Finally, the Department was employment opportunities,not from workforce is not stable due to the fact
concerned that numerical goals be SMSAs (cities) to EAs (rural areas); and that"most of the workers are employed
based on a rational,reliable, valid and that minorities resist traveling to work for a short duration: and only in
uniform information base.Accordingly, sites in the large geographical units specialized skills." separate goals would
the Department of Laborproposed to covered by the EAs from urban centers increase the administrative burdens
use Census Bureau prepared data and where they reside.As such. they argued involved in monitoring and reporting
selected the Standard Metropolitan that minority availability will not be minority hiring and would raise
Statistical Area (SMSA) as the standard sufficient to meet the proposed goals. construction costs. Some comments
geographical unit for establishing goals. 2.A number of comments objected to suggested that the paperwork involved
Where there was no SMSA.the the use of 1970 Census data to determine would have its greatest impact on small
Economic Area (EA) was selected as the goal levels. Contractors and contractor contractors to whom it may be
standard geographical unit The associations stressed the need for data prohibitively expensive.
ual numerical goal itself was the minority that are localized and based on requisite group2. Whore total o aredivid very allnority
percentage in the experienced civilian skills of workers.State.Federal and ould be difficult to meet percentage
labor force of the SNISA or the EA. local government officials
whichever is applicable in a given area. ("Government") and minority advocate goals.Furthermore,where the total
Thus, a contractor performing a groups contended that 1970 Census data onsite construction workforce is small.
nonexempt construction contract in an are outmoded.Although these latter goals of less than one percent would be
. 65982 Federal Register / Val. 45, No. 194 / Friday. October 3. 1980 / Notices
impossible to comply with:nevertheless. In the discussion section below, we of negative characteristics.SMSAs. for
contractors would be cited for will take up the issues raised in these example.have been conceptually
underutilization.In such instances,goals comments. developed and defined by the Office of
of less than one percent should be set Discussion Management and Budget.These
for all minorities or for particular statistical areas (or geographical units)
minorities. 1.Some contractor associations represent a reasoned judgment as to
3.Individual minority group goals objected to the use of SMSAs and EAs how metropolitan areas may be defined
would require contractors to overlook as the basic geographical units for statistically in a uniform manner. using
establishing goals.As indicated above. data items that are:(1) widely
qualified members of one minority group
to hire members from another minority the Executive Order mandates that the recognized as indicative of metropolitan
group in order to meetanother
goals. Department of Labor promulgate character(population.urban character.
One comment to medescr bed specific hypothetical regulations to implement the affirmative non-agricultural employment, population
action requirement of the Order. density, commuting ties): and (2)
newspaper advertisement seeking
ck jobs:"Note. blacks Numerical employment goals have available from a body of Federal
members for spe
need not apply, c: have met our goals." proven to be an effective method of statistics which has been uniformly and
achieving equal employment simultaneously collected in all parts of
Another comment noted "Substantial
expense,wasted effort. and loss in opportunity.Previous affirmative action the country,and processed and
productivity results from having to pass requirements adopted by OFCCP for the tabulated according to consistent
over presently available minorities purpose of placing employment goals on standards.Thus,if a project is located
possessing requisite skills simply to construction contractors left most within an SMSA.it can be concluded
satisfy the goal for another minority construction work uncovered because that a reasonable commuting area exists
the plans did not lend themselves to within that SMSA. and that goals based
group." widespread use(see discussion of this on SMSA statistics are accurate.
4. Contractors would have to incur the point above).Moreover. the public Furthermore, the majority of the United
additional expense of recruiting and hearings and other procedures utilized States'population lives in the counties
training members of specific minority for the purpose of giving the public an contained in the SMSAs. (For a more
groups in order to meet individual opportunity to provide input did not complete discussion of the underly ing
minority group goals. always produce reliable data on whih concepts and derviations of SMSAs. see
5.Separate minority group goals goals could be based.Consequently. "Standard Metropolitan Statistical
would lead to divisiveness among L4e additional research was required to Areas." Office of Management and
various minority groups..i.e.. to the produce the data on which such goals Budget.1975.)
extent that a particular group believed could be based. The"Economic Areas" concept was
its goal to be too low, any increases The Department.in attempting to developed and defined by the Bureau of
would be perceived as coming at the improve equal employment opportunity Economic Analysis in the U.S.
expense of another group in order that in the construction industry through Department of Commerce.Economic
the overall minority goal remain equal to employment goals.has used a number of Areas are viewed as centers of
the minority percentage of the different geographical units as the base commerce and generally cover areas
experienced civilian labor force.In this on which the goals were established. which include the places of work and
regard,some comments stated that only These units have included cities, residence for most workers.There are
some minority groups would gain, combinations of cities and counties. 183 such areas, defined along county
leatring others at a significant SMSAs and an entire state.In addition. lines. covering the entire country.
disadvantage. and as stated in the Federal Register Counties were assigned to these
The comments received by ErOC notice when the goals were proposed (44 economic in accordance with commuting
opposing aggregation may be FR 52348-S2349): patterns based primarily on data
summarized as follows: The Department also examined the gathered by the Bureau of the Census.
1.Reporting minority hiring on an possibility of using other geographical (For a fully explanation of the cerivation
aggregate basis can give the appearance divisions as;pal setting areas.Principally. of EAs. see"The BEA Economic Areas:
of full minority utilization when in fact the Department examined the Federal gage Structural Changes and Growth 195a-
Survey Areas as a possible geographical base
some minority groups are being totally for setting goals.These are contiguous areas 73."Survey of Current Business.
excluded or seriously underutilized.As which cover the entire country and are based November IS.1975.)
a result.a particular minority group upon the commuting patterns of Federal Those comments which contend !hat
might have a disproportionately greater employees.However.construction trades are the proposed minority employment ,oals
share of job opportunities relative to not part of the survey and the areas reflect for SMSAs and EAs are to high because
other minority groups, and the problems the commuting patterns of Federal employees construction workers tend to travel from
of smaller minority groups might be who usually work at fixed locations. EAs and ShfSAs to central cities and
masked by a full utilization figure.In However, when all objectives are that minority workers will not travel to
contrast.disaggregation would yield a considered(e.g..consistent. uniform and rural and suburban areas are not
more accurate data base for the equal treatment of contractors which persuasive.Numerous studies have
identification of underutilization. constantly compete against each other demonstrated that minorities tend to be
2.Contractors could freely engage in for contracts, uniform and broad concentrated in the central cities. Like
discriminatory practices targeted protection'of employees and applicants other workers,minorities will travel to
against particular minority groups and for employment, a uniform and reliable the areas where the jobs are generated
thereby favor or exclude members of a data base.and standards and and. according to data obtained from the
particular minority group and still meet methodologies which can be Bureau of the Census, the construction
the single minority goal. Disaggregation administered on a coherent basis). the jobs will be,for the most part. in the
of goals would effectively reduce SMSAs and EAs are the geographical S.MSAs and the suburban communities.
contractor opportunities to exercise uniis which possess the most positive That data. which reported the dollar
discriminatory preferences. characteristics and the smallest number value of building construction permits
Federal Register / Vol. 45. No. 194 / Friday, October 3. 1980 / Notices 65983
let by political jurisdictions across the long-standing exclusion of minorities nonexempt construction will be subject
country, reveal that over 72 percent of from the skilled construction crafts, to the relevant minority numerical goal
total dollar amount for projects minorities would be represented in these whereas such requirements now ere
the
thetolocated outside of the central or core crafts at least to the extent of their limited to a relatively small number of
city.Based on me assumption. irat tie representation is the total labor force LZ major metropolitan areas.
he.goals pubiished todav for
greater the dollar value of the a given geographical area.(See. United min5.orTity utilization are based upon both
construction. the greater the mjrtber of Steelworgers of America v. �'veber,443 mate and female minority representation
jobs to be created.it is reasonable to U.S.193.) in the labor force.In addition.a single
assume that,with few exceptions.the 3.The Department is sensitive to oal oraggregated goal for all minority
number of jobs for minorities will be those comments which state that 1970 grou s isado led.ivinay useful
greater in these fringe areas.and the Census data are outmoded.The Census comments were submitted a response
proposed goals should reflect this.In data.of coarse.are collected to EEOC's request for public comments
addition,it is a well-known fact that decennially.Nevertheless.the on whether an aggregated minority goal
construction workers follow the work. advantages of the Census data far or whether disaggregated minority goals
even if it means traveling long distances. outweigh the advantages of data which should be adopted by OFCCP for
There is no evidence that this traveling may have been collected more recently. construction contractors.The
factors is different for minorities than it The latest nationwide labor force data. Department and EEOC also have had
is for nonminorities.Indeed. there have for example.are contained in the 1970 productive discussions on this issue.
been instances where minorities have Census of Population.At the request of As a consequence. the Department of
moved to locations in order that they the Department of Labor, the Bureau of Labor and EEOC have agreed that
avail themselves of construction Census has made a tabulation of the disaggregated minority goals—for each
employment opportunities. 1970 Census data which provides counts race and national origian group, by
Z Contractors contended that the of minority and other persons in the l sex—will be-instituted as soon as
minonty goals should be by individual experienced civilian labor force. detailed tabulated 198o Census data are
trade/craft rather than a single goal for Moreover,the method adopted here for available.The 1980 Census data are
.111 crafts because to do otherwise establishing goais lends itself to easy expected to include precise data on a
ignores the unavailability of minority amendment and it is expected that toe widespread basis for various minority
ronstrvction workers.both skilled and goals will be adjusted when the 1960 spb;roups.
unskilled,and makes it virtuaiiy Census data have been tabulated. EEOC and the Department of Labor
impossible for contractors to meet the 4.Some groups objected that the will propose appropriate minority sub-
;0al.After ving consideration to the SNISA and EA goals in some instances 'roux participation rates below which
use of individual craft/trade goals.the were lower than presently existing goals aggregation will occur in order to ensure
Department concluded that the"single in Hometown Plans or goals retained meaningful minority subgroup goals for
goal for all crafts"concept reflects the from the old Imposed Plans. Protection individual contractor workforces.
relevant pool from which minority of.plcvees and applicants for it4inority Goals for a
New York C
workers can be drawr_ and offers a em levment will not t be lessened by .he
greater opportunity for minorities to new goals estabiished in the attached Minority hiring goals as proposed on
work in all construction trades at this Appendix.First. they are affirmative September 7.1979.for the five counties
time. action goals.and contractors are comprising the City of New York will
Further, the Department of Labor has required to use every good faith effort to not be adapted at this time.The
reviewed the data available on which meet them.They do not preclude proposed goals will be held in abeyance
individual trade/craft goals might be OFCCP from requiring either higher Fending resolution of whether or not the
based and finds that they are seriously goals or stranger corrective action of proposed coals conform to the terms of a
limited.T.•te 1j70 Census has some data individual contractors in specific cases court order entered in Percy V.Brennan,
on minority participation in the to remedy the effects of past i34 F.Sapp.800(1975).Ur.til such time
individual trades:ho:�ever.it rail:cts discriminatory practices.Needless to as that issue nas been resolved. the
re-1g70 employment rractices of the say,hdministrative La�v jLdges and goals to existarce for those counties
construction industry which excluded courts would riot be bound i�follow now will remain effective. and those bv-
minorities from working in many trades these affirmative action goals when trade goals have been published in the
regardless of their skill. individual craft additional relief is necessary to correct Appendix.
data at the county level are unreliable disrrimiratory practices.Second. the Conclusions
because of the small population samples Hometown Plan Foals are not ,Elected
and the even smaller rumber of by the goals adopted today. Signatories Based on all those considerations. the
minorities emp!oved in the trades.Such to current Hometown Plans will Departmert of Labor hereby adopts the
data. therefore. cannot provide an continue to follow the Hometown Plan SMSA as the basic geographical unit for
accurate basis for setting appropriate goals(tee 41 CFR 60-4.5).Third. establishing goals and the Economic
individual craft/trade goal levels. Imposed Plans primarily covered and Area as the geographical unit for those
Searing in mind that the intent of the :were confined tp major metropolitan areas located outside of the S�tSA's.
goals is an initial measure of the areas where minority concentrations The goal established for minority
contractors'good faith efforts to tend to be high.The percentage goals for utilization for each of these geographical
increase the employment opportunities minorities in the plans accordingly units is the minority civilian labor force
for minorities and women. and that tended to be high.However,by percentage for each such geographical
many trades have minimal entry expanding the geographical area (i.e.. unit.
education and skill requirements. the from city to SMSA or to EA), the total The latest available nationwide labor
single goal approach is appropriate and number of minorities protected by the force data are contained in the 1970
reasonable.Moreover, the single goal goals adopted today increases.although Census of Population.To prepare the
concept is predicated upon the there may be some decrease in the proposed goals. the Bureau of Census
proposition that had it not been for the percentage level of the goals.Fourth,all has prepared for OFCCP a tabulation of
S�9g� Federal Register / Vol. 45. No. 194 / Fridav, October 3. 198o / Notices
Economic Areas-Continued
the 1970 Census data that provides Each and eachcontractor is
counts of minority and other persons in applicant. Goal
required to include the appropriate goal stale
the experienced civilian labor force.
A single minority goal is established set forth below in all invitations for bids
for each S%ISA and EA without a or other solicitations for Federal or ME Fran.l,n: ME Kennebec: ME Knox: ME
timetable.Timetables for the federally assisted construction contracts oln: ME oxlort ME son+enet ME
Yom
achievement of minority goals are not of subcontracts in excess of S10.000. Vef .rre
provided because it is assumed that Accordingly,Appendix B of the Notice 003 Sul*-CIO rt.VT'n. - 0e
SMSA C.o,e,eae
after 10 years of Executive Order and issued on April 7.1978, (43 FR 14899) NoNm Cm; NN Gralton: NH Suwon; err An-
other equal employment opportunity and corrected on hfay 5,1978. (43 FR a,.M VT clIkKk r L VT Cnlnenoen: VT
efforts to increase the minority 19473) and Appendix B-1 of the notice Es.a.. VT F,anaan: Yr Grata! i.a: VT
Lamwle:VT Omngac VT Onsana;VT Ruun
participation in the labor force. these issued on March 20.1979. (44 FR 17115) and:VT wasnngton:VT wuwsor.
levels should be at least at the 1970 which established goals for minority Maas"K
utilization in the construction industry 00 Bostw> MA:
minority force figures.The minorityt'Y SMSA Co„'u«:
utilization goals adopted today were are hereby superseded. 11za aoston.La-ea-8mcklon-Laa+w'ee
.H.,, fta.MA-NH.__ i 0
calculated using the 1970 Census A new Appendix 13-80 is hereby MA Esaac MA M,odNM'C MA NonoK: MA
tabulation mentioned above. and are set issued as set forth below which shall Plymoam MA Suflom:NH RocKm"M
a763 Mar"7, W44awuw NH. 0.7
at the 1970 minority representation in become effective on November 3,1980. NH H.IISDWougrt
the experienced civilian labor force. pared:September�o.trod. sa03 Fa"Rner-New Beolord.MA
Separate goals are established for MA Bnstdl
Ray Nlarshall. 9243 worc,.slar FndtDurg leorrr�alw.
each of the S`:SA's and for each of the Y MA..._ 1.6
ZA's.When a covered construction Secretary o/Labor. MA wore*alw.
No"MSA Cdunu.a _ 3.6
contract or subcontract is for a project John N.Gentry, MA Batnstaow.. MA 0-011: MA NaMi -lrt:
located in an S`iSA. the goals for that Under Secretary. NH 8~4v:NH C.amw.NM Mw..r m NH
SMSA apply.When a covered Donald E,Elisbwr_ s.'—
Rnooe Islar,ri
construction contract or subcontract is Assistant secretary.Employment Standards dos Pro.,oe+,ae.Wu^*-Pa'vt met Rt
for a project located in an area outside SMSA co."'"ll
ldministration. 6,93 wo,,,oenoa-wanks•Pa.n„uet w_ 0.0
of an SMSA, the EA goals for that area Weldon Aovgeau, RI Bristol;RI Kent:RI Pre*owtce•,Rl Warr*
Gpp TThee minority (male and female)goals Director.OFffce o/Federal Contract ND„s y.nc,,,,aaa >_1
apply to Federal and f Compliance Programs. IR No.00 t
federally assisted cenneemul IMa.a,:
construction contractors and Appendix B-aO _ 0% mNrord n,..raxw'.Sor+r gnerd.Cr-MA:
SMSA COunnes
subcontractors which have covered Until further notice. the following goals for 3253 Hart/on!•Nwr Brtlan•Bm1M,CT_.-_- 6.9
contracts.The coals are expressed as a minority utilization in each construction trait CT Har11a'S CT M,aawsac CT Tvwa &
percentage of the total hours worked by and trade shall be included in all Federal or sae3 9 a
Nee HaxR'•Kele,oury Mw sett CT-
m Nee,H.VM.such a covered contractor's or federally assisted construction contracts and 55z3 N—Landon.Nm—= .s
subcontractor's entire Onsite subcontracts in excess of S10.000 to be CT N,-Lo"ow,_ s
63M Nrtst,wd.MA
construction workforce which is performed in the respective geographical MA Bomstr�
working on any construction site within areas.The goals are applicable to each som Sore gt,eW•CNCopee•Ho"*. MA-
A
a relevant area.The goal applies to each nonexempt contractor's total onsite µA_Hampdan;MA Mace pries
constriction C'aIt and trade in the construction workforce.regardless of Non.SMSA Counter .- 5.9
contractor's entire workforce in the whether or not part of that workforce is CT
ui.- I,.,,; CT wMo ; MA FranKen:NH
relevant area including those employees performing work on a Federal.federally r�tevwe .VT Wmanam.
assisted or nonfederally related project. Nee.tort
working on private nonfederally Cal Albany-s�,enectacy-Troy,NY:
involved projects. contract or subcontract. S'..SA Caunner
Construction contractors which are 01 so Aloany.Scrwe ctaay.Troy.NY.,___ 32
The applicable goals for the NY Aldan. NY Mon:gomerY NY Renus
participating in an approved Hometown Plan ,ate NY Saraloga:NY SCnenectaay.
contractor or subcontractors are the (see 41 CFR 60-4.51 are required to comply rDn sn•sA C,,,,.._• __-.r.__- z.5
ecais for the geographical area where with the goals of the Hometown Plan with NY Cl,nlon: Nr cow-ow NY Essex: NY
the contract is being performed, and all regard to construction work they perform in Futon:NY Greene:NY Ham,uon:NY SC110-
Wane;NY Wear';NV Wesnx+gler' VT Bever
the work of a Federal or federally the area covered by the Hometown Plan. ,,,q,om
assisted construction contractor or With regard to all their other covered doe Syracuse.Utica,NY:
subcontractor is covered re;ardless of construction,York.such conc:acton are SMSA Countiee:
816a Syracuse.NY.—_ 3.6
r:hether the work is being performed on required to compiv with the applicable ShiSA NY Maosa4% NY Onondaga: NY Os.e90
a covered contract.Therefore.a or EA goal contained in this appendix B-80. e680 Wca-Roma.NY
NY Her
contractor with a covered contract in Ored<
Economic Areas -
Non•SMSA Cao..ies�— zs
SMSA X would apply tl:e goals for NY cayu" NY Ca+'ar1a: NY Fra—III NY
SNISA X for that contract.The same Coal Jeemsl y"Y t e.+,s:NY st t..renpe.
Scala o09 Rocr'esar.NY:
contractor,however.would apply the low. SMSA co,.nl,.M
S;.:SAY pals to all its construction 6aaO Ra.-neslar.NY........_..................._..._........ 5.3
toy Lx,4310n:NY Monroe:NY Ontano;NY
work in SMSA Y even though that Ma.nq Oneans.NY wayne.
contractors -acts in SMSA Y were 001 aamor.ME Non.SM 59
SA COumWl....-_...._.._ ._.._.—_ —...
o.s NV Genesee:NY SenexL NY Yates
neither Federal nor federally assisted. rlon-SMSA Gounlles.-•__ _
ME Amostooc ME HanODCK: ME Penooswt 010 Bunalo.NY:
Finaily, this notice and Appendix 13--80 ME P,scataqus ME woad ME warring- SMSA Co mr=
do not affect contractors which are tor. 12s0 Bulialo.NY..__...�___ 7.7
OC2 Pomam-Le—stom ME: NY Erie:NY wegWa.
participating under Hometown Plants SMSA Counl,e:; Non.SMSA 63
approved by CFCCP with respect to A243 0.5 NY Axeganr. NY Can■rsumm: NY Cnaun
contracts being performed in the tAE Ameoscoggx oua NY wvom.,W.. PA MCKean:PA Porter.
64C3 Pomona.ME..-.....—_....___.. 0.6 011 B,ngrvmton.Elrwa.NY:
geographical area covered by the ME c r'tt enana:o./E Sagaaanoc. SMSA Counnes
Hometown Plan. talon-SMSA Counties.-� - 0.5 0960 Bx'gnemtort.NY-PA 1.1
Federal Register / Vol. l5. No. 194 / Friday. October 3. 1980 / Notices 6�991
Eaanornlc Areas--Continued
EeononNe Ar�aa--�Coni:nued I Et o�+oe 4 Arem&-ContwwApd
C0a1
CoA1 Su.• la to- w.
law- t�0
Suave kpw. a C.,A
C"m
WA C ` WA G/M MMOW. WA HAW-M CA
A2 � 27.0 wA J•rAKeprC WA Ktlaa WA L.w WA s162 AnataeOA AK
KIa..SMSA GO.rr•a_.. - MAn0rc WA P&M&C WA 5u. .Kurt WA
AZCavwso"
AZ Cira2rlt AZ Cwee..e.0 AZ skA WA T?ra WA Wnelaaw caso A.C"W.a•.AK .- --- 9.7
SArW Ceti.
162 Pr C40 AZ: aI 2 PMwd OR yt � Wt 15.1
$MSA C01rtw,l•c ISB SMSA Ca.M AK Atru.w.W-S Or.esc AK Aroacl r>-
62AZ PhOLarwxA.AZ yap F n w,i OR-WA ___ J.5 w.erc AK 6r.e•�-"• S+Op.'D�n.orc AK
AZ MrCzt. 19.6 OR Cjewr,lac OR pt vw,.S c CA weft•
KAor.-SALSA�� B.1.wW OKr..K1rc AK Bns.A.Bev 6001,0 t R
AZ A..aW AZ C 0W-r%: AZ CJe AZ .K1m WA 0ark `� amas a"D.•.aM AK Coreo�,.Ale .full
PAV.2JIO AZ Masao:AZ PK.rt AZ Y...pAC 7060 SA•r,w OR.. ompWK AK FAre.r..A 0"1w,01:AK 1a 11
AZ vu w OR Mrtwe on P01L 0..... AK Jur..r1 O� AK 1w1A.•
1tA+AaAe
Ma.SMSt Co✓ - 3.9 CODA..n D.-wM AX K.1a C
163.. W v.oas.NV: CA8A.1vc C* C2•.Ape CR CO►K.ac AO KAeA C....ec AK KSA.a 0-
SAASA C4tK1 CrooA:CA D tga. OR Mood A. ...OR Kt.tlto.w... 0--l": AK Maunau.•-•S.i
A 120 L32 V•GAL Mr - 13.9 JAnweaC QR L►.osc OR Li OR S-� - YT O,-"AX r.an.D.nworc AK V,w
Nv CLM. MW% CJ1 rm.mmc oR vraA : OR TA,+ KAlat.wAn 0w AK P. "01 WN.C.
No.SAASA C.OW.e - »�...._ 12.6 Mr. wA Cow%= WA KAryLC WA Sit WW. AK SdMWC D•nsoc AK Sls C
sa r K
Av Ew-M My Lff MV P V% : UT --,WA Wa/tiM-V Wort AK D...A•af AK
9.•.er UT G.M•ta UT vac UT Kr.a UT 1r3 Evowr.OR: SoAr." Pwzo .S D1.e. : A' Dow
Watll.ngom SMSA Cd.r.eee 2{ YVaa. CKveorc AK v..o.t•1:1r•VTrae,
164 Rem.Nv: 2400 EuV.•1�3a•19••'d- . GTA.wc AK IV W M7,.telarl CK,I AK
SAASA C Ur OR L.- NYr1p.A?•..,a0tre A V-A
6720 Rw%x Nv - 5.2 Mw•oSWSA Cr,•.e a 2.{ Karw.N.,0w 0w
Nv Wsrog,. Ca Coot OR C.nY.CW om"" OR Jam- /wrn•.M0
Na.•SMSA C.ou"" 9 2 sac C�7 Va.W rave;()a KW-MM OR LAKL 163 Mo,1O.Ktt.M'1C
Nv C2rKaw: My cv auc My Ewa My Caoft . SMSA C WWr
My "URMo.pc MV Lanow: My 17 3320 0-0-0-1" 69.1
1.10 c Nv.A.�t MV P.- - NV Storer. 1,q,�y�� -••- 6.9 tK Mtsnow.A .
Nv W.,"F...:My CAnan GY• CA Laaewc G Maaoc Gt Prre.c U Hb SAASA Cotnoea_ - ._._.--- 70.4
uL1[ SAaaL G$a,""U TeI 1e MAwwt r. Kmut MI Ma.. an0 A•owaa
165 SAR Late OW-0genl UT: 175 EveaL CA:
SALSA Corneae Ma.SMsA Ca. 6•
ri520 pm o(k.M UT 2•4 G Cur Mawr.CA t•Ar1m.dC U Tr -
UT UtsrL 176 San •bw•CA.' IFR rv_Yo..1a.M F.I..d 1D-i.xr t.t Amy
'tCd SAa Lit•G.v-00pwt U7 8.0 L 9LL.1JtvG COOS 641o.2-a
StLS.Got.*a.++: ZILS
UT D1..e UT S::t ars l!T Tool.: UT 71 Sar.uS.LSDrAaa.uer.�,
wooer. CA AAanr.,.r.
No.SMSA Car.O•e 5.1 25.6
:0 a-,,,LAKr•to Lnmw 10 On..ac UT Bo. 77C San F,Anaero 0aldA,1L U
Eb•r.UT C-a ;UT C.rpae UT C:a0q.= G A+Sa. G C`i'°• .-M Gt Lars
U Wg Frer.pfm:U 5...Mw.a 19.6
UT DtAyt.err: UT Emwr. UT J.ua: UT TA00 S.wt.�oAr.U
,%rC UT Magrc UT F1u1r UT RKrc UT U SAMa CLIL
Sane UT S-+-UT S.nowc UT U..erc 7 C SArKA Gus G 14.9
UT Wamu:m UT W ..WY LPcplrc wY Gt S•MA Cnu.
Stow":WY S.e• wr.WY UMLL 1500 SA to Ro.L CA - 9.1
10wta Gt Soroml
16e garca fe0•loAno Faai 10: a.0 5720 va.ro+r+•b•reKo�L CA 17.1
Na.SALSA Ca'r"'ee CA Max U•S-WI&
�0 a.aply Lo B•Vr m to B.~ to so- - 23-2
r..lrwr:D a a.;10 CAM K to Camtc 10 NMSMSA Coruna.►
Caawe IO CL IL to C-� to Fre,1.aS 10 CA LAtc Gt .•A.100ww. Gt S.n 1,1-M .
C.Mmn 10 Jenwsac 10 JA. . t0 1'7 Saoar.0w .U:
1.6-1m 10 LstoorC to IAaosac to M.-O.-C SSW Ca1a1..e 16.1
to Pawn, t0 Tatac b T..n Fat= WY E920 r.1.•1,d.U
Te-am CA PWGc .G S.aa, .U Yot 143
167 Es CAY.a Ma.SMSA Carlos- -
SALSA CoJrgw Gt Bv:1r. Ct Cok a U O DoWw U
1060 Boe•GM.to 2.2 G+.•v.: CA N--= G S.wra: Gt Sucw;
to AaL G YLZ&
Ntv.SMSA Cannel__..-. A It 173 s,,,A:M uo UL U• .
t0 Aorr.tc c Sall:10 C+Wo to Evm":10 S.USA CotrK..r
Cr,c to C� o P.Ten•:to V-4y.10 5170 ,Jvp.wW.U. ---- 12.3
%,ai'w.,Cit Mttn...GR MA.w.v. A Su Wtmuf;
.aw..q� 1120 aio�_.10,t.CA..-. __. 24.3 1
The Scot .WA: CA Sd JOzuK
SALSA Cart- 2.D 1 wa.aMSA CaK.ws.___-.-._..__..__._ 19.6
76A0 S00Kan•.WA U AK►Ae: U Amaoor U C.1wrAS
WA Soo.arw. M&-awL'G AAwcor CA Tu0•r.rr.
rwt-SMSA CawtK.a--.__•-_.__._._ 3.0 1T F.•sr.o-2uwr+r4 CA:
10 Bo-tirt 10 50M 10 Baw-arr. K3 SMSA Cost'
b• W.to talc.0 KoX~..0 LAtrr C?W eaKr+•e1d.U. 19.1
A Lp. ;o Nor P.M 10 SMe!ta..:WA CA Ke
Aaamm 'NA Aeowe WA Cl1K/.tMC WA 26Aa F-VwW.C 25.1
FewN WA Garhme WA L� wA P114 Gt F+.rv1o.
C-..e WA SWw .WA WM.IU.L No:-PASA CC.Yn'ew__ 23.6
169 PZ-"".nL WA: CA Kivu Gt Madwc G Ttw•.
SUSA Corm•.: 160 Los Anp.w L Gl
e74p F6xrto•K0rWW.M WA 5.4 SMSA Co...h.e
WA B•rKorc WA Frarw.n. 0360 A.,u•mrK.Sams Ar1A�G.1<pMt Grove.CA_ 11.9
Nat-jM -.SA C: 1k 3.6 CA onr.1L
CA amK OR CA*- OR Crw.0 OR "W Lel Ano.W.•Ln'9 eemm.CA 23.3
Moran. 0:7 L/M.toa: OR Wear OR CA Las*--
•Amhowx OR wrwr. WA v:au waaL 6000 OaltrdyM vA1t..-vA.nKaL CA_ 21.5
170 Ye. a WA: CA vaVmrL
$AASA Cwrless 6750 R.••M.o.-SAn B.,ww10.O,1taro.CA- 19.0
0250 Ya.KnL WA 9.7
U R-w:U San 80.Mfa..0.
wA A
Ma.SMSA Cartaa.s ULO ._-- 7.2 7a60 SAr.0 B�SAMA W-Ig-Larrooc.
12.7
WA Ch. . VIA 00W % WA CWK WA CA S
K.M1Ac wA O.anoq r GSA C BaAA,L 2,14
171 S. .WA: Ma..SMSA(;p.1I1 OMM -CL
SKSA Caurw.a: U v..a U Mona U 5+1 Lw CA.Aoo.
.6W SaatO.Eos•R WA 7.2 161 son Cg m.CA:
WA X'm WA Sr.a.at'e!l G{SA C:O.K..
6200 Tacoma,WA 62 7320 Sort O..=G 15.9
WA P.M. CA son D-W.
Ma.SAASA COunew 6/ t O -,IJSA CO.....e 19.2
§60-1 1 41 CFR Ch. 60 (7-1-87 Edition)
PART 60-1-OBLIGATIONS OF CON- Subpart A-Preliminary Matters;
TRACTORS AND SUBCONTRAC- Equal Opportunity Clause; Compli-
TORS once Reports
Subpart A-Preliminary Matters; Equal § 60-1.1 Purpose and application.
Opportunity Clause; Compliance Reports The purpose of the regulations in
Sec. this part is to achieve the aims of
60-1.1 Purpose and application. parts II, III, and IV of Executive
60-1.2 Administrative responsibility. Order 11246 for the promotion and in-
60-1.3 Definitions. Suring of equal opportunity for all per-
60-1.4 Equal opportunity clause. sons, without regard to race, color, re
60-1.5 Exemptions. ligion, sex, or national origin, em-
60-1.6 [Reserved)
60-1.7 Reports and other required informa- ployed or seeking employment with 1
tion. Government contractors or with con-
60-1.8 Segregated facilities. tractors performing under federally
60-1.9 Compliance by labor unions and by assisted construction contracts. The
recruiting and training agencies: regulations in this part apply to all
60-1.10 Foreign government practices.
60-1.11 Payment or reimbursement of contracting agencies of the Govern-
membership fees and other expenses to meet and to contractors and subCOn-
private clubs. tractors who perform under Govern-
ment contracts, to the extent set forth
Subpart B-General Enforcement; Compliance in this part. The regulations in this
Review and Complaint Procedure part also apply to all agencies of the
60-1.20 Compliance reviews. Government administering programs -
60-1.21 Filing complaints. involving Federal financial assistance
60-1.22 Where to file. which may include a construction con-
60-1.23 Contents of complaint. tract, and to all contractors and sub-
60-1.24 Processing of matters. contractors performing under con-
60-1.25 Assumption of jurisdiction by or
referrals to the Director. struction contracts which are related
60-1.26 Enforcement proceedings. to any such programs. The procedures
60-1.27 Sanctions and penalties. set forth in the regulations in this
60-1.28 Show cause notices. part govern all .disputes relative to a
60-1.29 Preaward notices. contractor's compliance with his obli-
60-1.30 Contract ineligibility list.
60-1.31 Reinstatement of ineligible prime gations under the equal opportunity
contractors and subcontractors. clause regardless of whether or not his
60-1.32 Intimidation and interference. contract contains a "Disputes" clause.
60-1.33 Conciliation agreements. Failure of a contractor or applicant to
60-1.34 Violation of a conciliation agree- comply with any provision of the regu- `+
ment or letter of commitment. lations in this part shall be grounds
Subpart C-Ancillary Matters for the imposition of any or all of the
sanctions authorized by the order. The
60-1.40 Affirmative action compliance pro- regulations in this part do not apply to ;.
grams. any action taken to effect compliance
60-1.41 Solicitations or advertisements for with respect to employment practices
60-1.42 Notices to be posted. subject to title VI of the Civil Rights
60-1.43 Access to records and site of em- Act of 1964. The rights and remedies
employees.
ployment. of the Government hereunder are not
60-1.44 Rulings and interpretations. exclusive and do not affect rights and
60-1.45 Existing contracts and subcon- remedies provided elsewhere by law,
tracts. regulation, or contract; neither do the
60-1.46 Delegation of authority by the Di-
rector. regulations limit the exercise by the
60-1.47 Effective date. Secretary or Government agencies of
AUTHORITY: Sec. 201, E.O. 11246 (30 FR powers not herein specifically set
12319), as amended by E.O. 12086. forth, but granted to them by the
SOURCE: 43 FR 49240, Oct. 20, 1978, unless order.
otherwise noted.
96
Office of Federal Contract Compliance Programs § 60-1.3
60-1.2 Administrative responsibility. any wholly owned Government corpo-
The Director has been delegated au- ration, which enters into contracts.
thority and assigned responsibility for '.Contractor" means, unless other-
carrying out the responsibilities as. wise indicated, a prime contractor or
signed to the Secretary under the Ex- subcontractor.
ecutive order. All correspondence re- "Director" means the Director,
garding the order should be directed Office of Federal Contract Compliance
to the Director, Office of Federal Con- Programs (OFCCP), U.S. Department
tract Compliance Programs, Employ- of Labor or any person to whom he
ment Standards Administration, U.S. delegates authority under the regula-
Department of Labor, 200 Constitu- tions in this chapter.
Lion Avenue NW., Washington, DC "Equal opportunity clause" means
20210. the contract provisions set forth in
§ 60-1.4 (a) or (b), as appropriate.
§ 60-1.3 Definitions. "Federally assisted construction con-
"Administering agency" means any tract" means any agreement or modifi-
department, agency and establishment cation thereof between any applicant
in the executive.branch of the Govern- and a person for construction work
ment, including any wholly owned which is paid for in whole or in part
Government corporation, which ad- with funds obtained from the Govern-
ministers a program involving federal. ment or borrowed on the credit of the
ly assisted construction contracts. Government pursuant to any Federal
"Administrative law judge" means program involving a grant, contract.
an administrative law judge appointed loan, insurance, or guarantee, or un-
as provided in 5 U.S.C. 3105 and Sub- dertaken pursuant to any Federal pro-
part B of Part 930 of Title 5 of the gram involving such grant, contract, ,
Code of Federal Regulations (see 37 loan, insurance, or guarantee, or any
FR 16787) and qualified to preside at application or modification thereof ap-
hearings under 5 U.S.C. 557. proved by the Government for a
Agency" means any contracting or grant, contract, loan, insurance, or
any administering agency of the Gov- guarantee under which the applicant
ern ment. itself participates in the construction
"Applicant" means an applicant for work.
Federal assistance involving a con. "Government" means the govern-
struction contract, or other partici- ment of the United States of America.
pant in a program involving a con- "Government contract" means any
struction contract as determined by agreement or modification thereof be-
regulation of an administering agency. tween any contracting agency and any
The term also includes such persons person for the furnishing of supplies
+ after they become recipients of such or services or for the use of real or
Federal assistance. personal property, including lease ar-
"Construction work" means the con- rangements. The term "services", as
struction, rehabilitation, alteration, used in this section includes, but is not
• conversion, extension, demolition or limited to the following services: Utili-
repair of buildings, highways, or other ty, construction, transportation, re-
changes or improvements to real prop- search, insurance, and fund deposito-
erty, including facilities providing util- ry. The term "Government contract"
ity services. The term also includes the does not include (1) agreements in
supervision, inspection, and other which the parties stand in the rela-
onsite functions incidental to the tionship of employer and employee,
actual construction, and (2) federally assisted construction
"Contract" means any Government contracts.
contract or any federally assisted con- "Minority group" as used herein
struction contract. shall include, where appropriate,
"Contracting agency" means any de- female employees and perspective
partment, agency, establishment, or female employees.
instrumentality in the executive "Modification" means any alteration
branch of the Government, including in the terms and conditions of a con-
97
§ 60-1.4 41 CFR Ch. 60 (7-1-87 Edition)
tract, including supplemental agree- (2) Under which any portion of the
ments, amendments, and extensions. contractor's obligation under any one
"Order," "Executive order," or "Ex- or more contracts is performed, under-
ecutive Order 11246" means parts II, taken, or assumed.
III, and 7V of the Executive Order "Subcontractor" means any person
11246 dated September 24, 1965 (30 holding a subcontract and, for the pur-
FR 12319), any Executive order poses of Subpart B of this part, any
amending such order, and any other person who has held a subcontract
Executive order superseding such subject to the order. The term "First-
order. tier subcontractor" refers to a subcon-
"Person" means any natural person, tractor holding a subcontract with a
corporation, partnership, unincorpo- prime contractor.
rated association, State or local gov- "United States" as used herein shall
ernment, and any agency, instrumen- include the several States, the District
tality, or subdivision of such a govern- of Columbia, the Commonwealth of
ment. Puerto Rico, the Panama Canal Zone,
"Prime contractor" means any and the possessions of the United
person holding a contract and, for the States.
purposes of Subpart B of this part, § 60-1.4 Equal opportunity clause.
any person who has held a contract
subject to the order. (a) Government contracts. Except as
"Recruiting and training agency" otherwise provided, each contracting
means any person who refers workers agency shall include the following
to any contractor or subcontractor or equal opportunity clause contained in
who provides for employment by any section 202 of the order in each of its
contractor or subcontractor. Government contracts (and modifica-
"Rules, regulations, and relevant tions thereof if not included in the
orders of the Secretary of Labor" used original contract):
in paragraph (4) of the equal opportu- During the performance of this contract.
nity clause means rules, regulations, the contractor agrees as follows:
and relevant orders of the Secretary of (1) The contractor will not discriminate
Labor or his designee issued pursuant against any employee or applicant for em-
to the order. ployment because of race, color, religion,
sex, or national origin. The contractor will
"Secretary" means the Secretary of take affirmative action to ensure that appii-
Labor, U.S. Department of Labor. cants are employed, and that employees are
"Site of construction" means the treated during employment, without regard
general physical location of any build- to their race, color, religion, sex, or national
ing, highway, or other change or im- origin. Such action shall include, but not be
provement to real property which is limited to the following: Employment, up-
undergoing construction, rehabilita- grading, demotion, or transfer, recruitment
or recruitment advertising; layoff or termi-
tion, alteration, conversion, extension, nation: rates of pay or other forms of com-
demolition, or repair and any tempo- pensation: and selection for training, includ-
rary location or facility at which a ing apprenticeship. The contractor agrees to
- contractor, subcontractor, or other post in conspicuous places, available to em-
participating party meets a demand or ployees and applicants for employment, no-
performs a function relating to the tices to be provided by the contracting offi-
contract or subcontract. cer setting forth the provisions of this non-
"Subcontract" means any agreement discrimination clause.
or arrangement between a contractor (2) The contractor will, in all solicitations
or advertisements for employees placed by
and any person (in which the parties or on behalf of the contractor, state that all
do not stand in the relationship of an qualified applicants will receive consider-
employer and an employee): ation for employment without regard to
(1) For the furnishing of supplies or race, color, religion, sex, or national origin.
services or for the use of real Or per- (3) The contractor will send to each labor
sonal property, including lease ar- union representative of workers with
,.� w
n hich hea has a collective bargaining agree-
rangements, which, in whole Or iment or other contract or understanding, a
s part, is necessary to the performance notice to be provided by the agency con-
of any one or more contracts; or tracting officer, advising the labor union or
98
s
I -
Office of Federal Contract Compliance Programs § 60-1.4
workers' representative of the contractor's quirements of the equal opportunity
commitments under section 202 of Execu- clause:
tive Order 11246 of September 24. 1965, and
shall post copies of the notice in conspicu- The applicant hereby agrees that it will
ous places available to employees and appli- incorporate or cause to be incorporated into
cants for employment. any contract for construction work, or modi-
(4) The contractor will comply with all fication thereof, as defined in the regula-
provisions of Executive Order 11246 of Sep- tions of the Secretary of Labor at 41 CFR
tember 24, 1965, and of the rules, regula- Chapter 60, which is paid for in whole or in
tions. and relevant orders of the Secretary Part with funds obtained from the Federal
• of Labor. Government or borrowed on the credit of
(5) The contractor will furnish all infor- the Federal Government pursuant to a
mation and reports required by Executive grant, contract, loan insurance, or guaran-
Order 11246 of September 24, 1965. and by tee. or undertaken pursuant to any Federal
the rules. regulations, and orders of the Sec. program Involving such grant, contract,
retary of Labor, or pursuant thereto, and loan, insurance, or guarantee, the following
will permit access to his books, records, and equal opportunity clause:
accounts by the contracting agency and the During the performance of this contract,
Secretary of Labor for purposes of investi- the contractor agrees as follows:
gation to ascertain compliance with such (1) The contractor will not discriminate
rules, regulations, and orders. against any employee or applicant for em-
(6) In the event of the contractor's non- ployment because of race, color, religion,
compliance with the nondiscrimination sex, or national origin. The contractor will
clauses of this contract or with any of such Lake affirmative action to ensure that appli-
rules, regulations, or orders, this contract cants are employed, and that employees are
may be canceled, terminated or suspended treated during employment without regard
in-whole or in part and the contractor may to their race, color, religion, sex, or national
be declared ineligible for further Govern- origin. such action shall include, but not be
ment contracts in accordance with proce. limited to the following: Employment, up-
grading,authorized in Executive Order 11246 gradng• demotion, or transfer, recruitment
of September 24, 1965, and such other sanc- or recruitment advertising. layoff or terms-
tions may be imposed and remedies invoked nation: rates of pay or other forms of com-
as provided in Executive Order 11246 of Pensation: and selection for training. irclud-
September 24, 1965, or by rule, regulation, uzg apprenticeship. The contractor agrees to
or order of the Secretary of Labor, or as post in conspicuous places, available to em-
otherwise provided by law. ployees and applicants for employment, no-
(7) the contractor will include the� tices to be provided setting forth the provi-
sions sions of this nondiscrimination clause.sions of paragraphs (1> through (7) in every
subcontract or purchase order unless ex- (2) The contractor will, in all solicitations
empted by rules, regulations, or orders of or advertisements for employees placed by
the Secretary of Labor issued pursuant to or on behalf of the contractor, state that all
section 204 of Executive Order 11246 of Sep. qualified applicants will receive consider-
_ tember 24, 1965, so that such provisions will ations for employment without regard to
be binding upon each subcontractor or race, color, religion, sex, or national origin.
• vendor. The contractor will take such action (3) The contractor will send to each labor
with respect to any subcontract or purchase union or representative of workers with
order as may be directed by the Secretary of which he has a collective bargaining agree-
Labor as a means of enforcing such provi- ment or other contract or understanding, a
sions including sanctions for noncompii. notice to be provided advising the said labor
ante: Provided, however, that in the event union or workers' representatives of the
the contractor becomes involved in, or is contractor's commitments under this sec-
threatened with, litigation with a subcon. tion, and shall post copies of the notice in
tractor or vendor as a result of such direc- conspicuous places available to employees
tion, the contractor may request the United and applicants for employment.
States to enter into such litigation to pro- (4) The contrator will comply with all pro-
tect the interests of the United States. visions of Executive Order 11246 of Septem-
(b) FederalZy assisted construction and ber2 relevant. 1965, and o de s tof therulesSecr tlary of
contracts. (1) Except as otherwise pro- Labor.
vided, each administering agency shall (5) The contractor will furnish all infor-
require the inclusion of the following mation and reports required by Executive
language as a condition of any grant, Order 11246 of September 24, 1965, and by
contract, loan., insurance, or guarantee rules, regulations, and orders of the Secre-
permit access to his books, recor and ac.
involving federally assisted ConstruC- Lary of Labor, or pursuant thereto, and will
tion which is not exempt from the re- counts by the administering agency and the
i
§ 60-1.4 41 CFR Ch. 60 (7-1-87 Edition)
Secretary of Labor for purposes of investi- The applicant further agrees that it will
gation to ascertain compliance with such refrain from entering into any contract or
rules, regulations, and orders. contract modification subject to Executive
(6) In the event of the contractor's non- Order 11246 of September 24, 1965, with a
compliance with the nondiscrimination contractor debarred from, or who has not
clauses of this contract or with any of the demonstrated eligibility for. Government
said rules, regulations, or orders, this con- contracts and federally assisted construc-
tract may be canceled, terminated, or sus- Lion contracts pursuant to the Executive
pended in whole or in part and the contrac- order and will carry out such sanctions and
for may be declared ineligible for further penalties for violation of the equal opportu-
Government contracts or federally assisted nity clause as may be imposed upon contrac- ,
construction contracts in accordance with tors and subcontractors by the administer-
procedures authorized in Executive Order ing agency or the Secretary of Labor pursu-
11246 of September 24, 1965. and such other ant to Part II, Subpart D of the Executive
sanctions may be imposed and remedies in- order. In addition, the applicant agrees that
yoked as provided in Executive Order 11246 if it fails or refuses to comply with these un-
of September 24, 1965, or by rule, regula- dertakings, the administering agency may
Lion, or order of the Secretary of Labor, or take any or all of the following actions:
as otherwise provided by law. Cancel, terminate, or suspend in whole or in
(7) The contractor will include the portion part this grant (contract, loan, insurance,
of the sentence immediately preceding para- guarantee): refrain from extending any fur-
graph (1) and the provisions of paragraphs ther assistance to the applicant under the
(1) through (7) in every subcontract or pur- program with respect to which the failure
chase order unless exempted by rules, regu- or refund occurred until satisfactory assur-
lations, or orders of the Secretary of Labor ante of future compliance has been received
issued pursuant to section 204 of Executive from such applicant; and refer the case to
Order 11246 of September 24, 1965, so that the Department of Justice for appropriate
such provisions will be binding upon each legal proceedings.
subcontractor or vendor. The contractor will
take such action with respect to any subcon- (c) Subcontracts. Each nonexempt
tract or purchase order as the a ministering prime contractor or subcontractor
agency may direct as a means of enforcing shall include the equal opportunity
such provisions, including sanctions for non- clause in each of its nonexempt sub-
compliance: Provided, however, That in the contracts.
event a contractor becomes involved in, or is
threatened with, litigation with a subcon- (d) Incorporation by reference The
tractor or vendor as a result of such direc- equal opportunity clause may be incor-
tion by the administering agency the con- porated by reference in all Govern-
tractor may request the United States to ment contracts and subcontracts, in-
enter into such litigation to protect the in- cluding Government bills of lading,
terests of the United States. transportation requests, contracts for
The applicant further agrees that it will deposit of Government funds, and con-
be bound by the above equal opportunity tracts for issuing and paying U.S. sav-
clause with respect to its own employment ings bonds and notes, and such other
practices when it participates in federally
assisted construction work: Provided, That contracts and subcontracts as the Di-
if the applicant so participating is a State or rector may designate.
local government, the above equal opportu- (e) Incorporation by operation of the
nity clause is not applicable to any agency, order. By operation of the order, the
instrumentality or subdivision of such gov- equal opportunity clause shall be con-
=. ernment which does not participate in work sidered to be a part of every contract
on or under the contract.
and subcontract required by the order
The applicant agrees that it will assist and and the regulations in this part to in-
cooperate actively with the administering elude such a clause whether or not it
2 agency and the Secretary c Labor in ob- is physically incorporated in such con-
taining the compliance of contractors and
subcontractors with the equal opportunity tracts and whether or not the contract
clause and the rules, regulations, and rele- between the agency and the contrac-
vant orders of the Secretary of Labor, that for is written.
it will furnish-the administering agency and (f) Adaptation of language. Such
the Secretary of Labor such information as necessary changes in language may be
they may require for the supervision of made in the equal opportunity clause
such compliance, and that it will otherwise
assist the administering agency in the dis- as shall be appropriate to identify
charge of the agency's primary responsibil. properly the parties and their under-
ity for securing compliance. takings.
100
Office of Federal Contract Compliance Programs § 60-1.5
§ 60-1.5 Exemptions. for its duration, regardless of the
(a) General—(1) Transactions of amounts ordered, or reasonably ex-
S10,000 or under. Contracts and sub- pected to be ordered in any year.
contracts not exceeding $10,000, other (3) Work outside the United States.
than Government bills of lading, and Contracts and subcontracts are
other than contracts and subcontracts exempt from the requirements of the
with depositories of Federal funds in equal opportunity clause with regard
any amount and with financial institu- to work performed outside the United
tions which are issuing and paying States by employees who were not re-
agents for U.S. savings bonds and sav- cruited within the United States.
ings notes, are exempt from the re- (4) Contracts with State or local gov-
quirements of the equal opportunity ernments. The requirements of the
clause. In determining the applicabil- equal opportunity clause in any con-
ity of this exemption to any federally tract or subcontract with a State or
assisted construction contract, or sub- local government (or any agency, in-
contract thereunder, the amount of strumentality or subdivision thereof)
such contract or subcontract rather shall not be applicable to any agency,
than the amount of the Federal finan- instrumentality or subdivision of such
cial assistance shall govern. No agency, government which does not partici-
contractor, or subcontractor shall pro- pate in work on or under the contract
cure supplies or services in a manner or subcontract. In addition, any
so as to avoid applicability of the agency, instrumentality or subdivision
equal opportunity clause: Provided, of such government, except for educa-
that where a contractor has contracts tional institutions and medical facili-
or subcontracts with the Government ties, are exempt from the require-
in any 12-month period which have an ments of filing the annual compliance
aggregate total value (or can reason- report provided for by § 60-1.7(a)(1)
ably be expected to have an aggregate and maintaining a written affirmative
total value) exceeding $10,000, the action compliance program prescribed
510,000 or under exemption does not by § 60-1.40 and Part 60-2 of this
apply, and the contracts are subject to chapter.
the order and the regulations issued (5) Contracts with certain educa-
pursuant thereto regardless of wheth- tional institutions. It shall not be a
er any single contract exceeds $10,000. violation of the equal opportunity
$ (2) Contracts and subcontracts for clause for a school, college, university,
k indefinite quantities. With respect to or other educational institution or in-
contracts and subcontracts for indefi- stitution of learning to hire and
nite quantities (including, but not lim- employ employees of a particular reli-
ited to, open end contracts, require- gion if such school, college, university,
ment-type contracts, Federal Supply or other educational institution or in-
Schedule contracts, "call-type" con- stitution of learning is, in whole or in
tracts, and purchase notice agree- substantial part, owned, supported,
ments), the equal opportunity clause controlled, or managed by a particular
shall be included unless the purchaser religion or by a particular religious
' has reason to believe that the amount corporation, association, or society, or
to be ordered in any year under such if the curriculum of such school, col-
contract will not exceed $10,000. The lege, university, or other educational
applicability of the equal opportunity institution or institution of learning is
€ clause shall be determined by the pur- directed toward the propagation of a
i chaser at the time of award for the particular religion. The primary
I first year, and annually thereafter for thrust of this provision is directed at
{ succeeding years, if any. Notwith- religiously oriented church-related col-
standing the above, the equal opportu- leges and universities and should be so
nity clause shall be applied to such interpreted.
contract whenever the amount of a (6) Work on or near Indian reserva-
single order exceeds $10,000. Once the tions. It shall not be a violation of the
equal opportunity clause is determined equal opportunity clause for a con-
to be applicable, the contract shall struution or nonconstruction contrac-
! continue to be subject to such clause for to extend a publicly announced
= 101
§ 60-1.7 41 CFR Ch. 60 (7-1-87 Edition)
preference in employment to Indians (d) Withdrawal of exemption. When
living on or near an Indian reservation any contract or subcontract is of a
in connection with employment oppor- class exempted under this section, the
tunities on or near an Indian reserva- Director may withdraw the exemption
tion. The use of the word "near" for a specific contract or subcontract
would include all that area where a or group of contracts or subcontracts
person seeking employment could rea- when in his judgment such action is
sonably be expected to commute to necessary or appropriate to achieve
and from in the course of a work day. the purposes of the order. Such with-
Contractors or subcontractors extend- drawai shall not apply to contracts or
ing such a preference shall not, howev- subcontracts awarded prior to the
er, discriminate among Indians on the withdrawal, except that in procure-
basis of religion, sex, or tribal affili- ments entered into by formal advertis-
ation, and the use of such a preference ing, or the various forms of restricted
shall not excuse a contractor from formal advertising, such withdrawal
complying with the other require-
menu contained in this chapter. shall not apply unless the withdrawal(b) Specific contracts and facilities— is made more than 10 calendar days
(1) Specific contracts. The Director before the date set for the opening of may exempt an agency or any person the bids.
from requiring the inclusion of any or (43 FR 49240, Oct. 20, 1978; 43 FR 51400,
all of the equal opportunity clause in Nov. 3, 19781
any specific contract or subcontract
when he deems that special circum- § 60-1.6 [Reserved]
stances in the national interest so re-
quire. The Director may also exempt §60-1.7 Reports and other required infor- -.
groups or categories of contracts or mation.
subcontracts of the same type where (a) Requirements for prime contrac-
he finds it impracticable to act upon tors and subcontractors. (1) Each
each request individually or where prime contractor and subcontractor
group exemptions will contribute to shall file annually, on or before the
the order.
convenience in the administration of 31st day of March, complete and accu-
rate reports on Standard Form 100
(2) Facilities not connected with (
contracts. The Director may exempt (EEO-1) promulgated jointly by the
from the requirements of the equal Office of Federal Contract Compliance
opportunity clause any of a prime con- Programs, the Equal Employment Op-
7. or subcontractor's facilities portunity Commission and Plans for
which he finds to be in all respects Progress or such form as may hereaf-
separate and distinct from activities of ter be promulgated in its place if such
the prime contractor or subcontractor prime contractor or subcontractor (i)
` related to the performance of the con- is not exempt from the provisions of
S tract or subcontract, provided that he these regulations in accordance with
also finds that such an exemption will § 60-1.5; (ii) has 50 or more employees;
not interfere with or impede the effec- (iii) is a prime contractor or first tier
tuation of the order. subcontractor; and (iv) has a contract,
(c) National security. Any require- subcontract or purchase order
ment set forth in these regulations in amounting to $50,000 or more or
this part shall not apply to any con- serves as a depository of Government
tract or subcontract whenever the funds in any amount, or is a financial
head of an agency determines that institution which is an issuing and
such contract or subcontract is essen. paying agent for U.S. savings bonds
tial to the national security and that and savings notes: Provided, That any
its award without complying with such subcontractor below the first tier
requirement is necessary to the na- which performs construction work at
tional security. Upon making such a the site of construction shall be re-
determination, the head of the agency quired to file such a report if it meets
will notify the Director in writing requirements of paragraphs (a)(1) (i),
within 30 days. (ii), and (iv) of this section.
102
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t
i
t
Office of Federal Contract Compliance Programs § 60-1.8
(2) Each person required by § 60- determination has been made to award
1.7(a)(1) to submit reports shall file the contract or subcontract to a specif-
such a report with the contracting or is contractor, such contractor shall be
administering agency within 30 days required, prior to award, or after the
after the award to him of a contract or award, or both, to furnish such other
subcontract, unless such person has information as the applicant or the Di-
submitted such a report within 12 rector requests.
months preceding the date of the (c) Use of reports. Reports filed pur-
award. Subsequent reports shall be suant to this section shall be used only
submitted annually in accordance with in connection with the administration
§ 60-1.7(a)(1), or at such other inter- of the order, the Civil Rights Act of
vials as the Director may require. The 1964, or in furtherance of the purposes
Director may extend the time for of the order and said Act.
filing any report.
(3) The Director or the applicant, on § 60-1.8 Segregated facilities.
their own motions. may require a con- (a) General. In order to comply with
tractor to keep employment or other his obligations under the equal oppor-
records and to furnish, in the form re- tunity clause, a prime contractor or
quested, within reasonable limits, such subcontractor must insure that facili-
information as the Director or the ap- ties provided for employees are provid-
plicant deems necessary for the ad- ed in such a manner that segregation
ministration of the order. on the basis of race, color, religion, or
(4) Failure to file timely, complete national origin cannot result. He may
and accurate reports as required con- neither require such segregated use by
stitutes noncompliance with the prime
contractor's or subcontractor's obliga- written or oral policies nor tolerate
opportunity such use by employee custom. His obli-
lions under the equal oppoclause and is ground for the rtunitimpos y- gation extends further to insuring
clan by the Director, an applicant, that his employees are not assigned to
prime contractor or subcontractor, of Perform their services at any location,
t he under his control, where the facilities
any sanctions as authorized by
are segregated. This obligation ex-
order and the regulations in this part.
(b) Requirements for bidders or pro- tends to all contracts containing the
spective contractors—(1) Certification equal opportunity clause regardless of
s a
of compliance with Part 60-2.Affirma- the amount a the contract. The term
'tire Action Programs. Each agency "facilities'° s used in this section
means waiting rooms, work areas, res-
shall require each bidder or prospec-
� taurants and other eating areas, time
live prime contractor and proposed
subcontractor, where appropriate, to clocks, restrooms, washrooms, locker
state in the bid or in writing at the rooms, and other storage or dressing
outset of negotiations for the contract: areas, parking lots, drinking fountains,
(i) Whether it has developed and has recreation or entertainment areas,
on file at each establishment affirms- transportation, and housing facilities
tive action programs pursuant to Part Provided for employees.
60-2 of this chapter; (ii) whether it (b) Certification by Prime contrac-
has participated in any previous con- tors and subcontractors. Prior to the
tract or subcontract subject to the award or any nonexempt Government
equal opportunity clause; (iii) whether contract of subcontract or federally as-
it has filed with the Joint Reporting sisted construction contract or subcon-
Committee, the Director or the Equal tract, each agency or applicant shall
t Employment Opportunity Commission require the prospective prime contrac-
t all reports due under the applicable for and each prime contractor and
filing requirements. subcontractor shall require each sub-
(2) Additional information. A bidder contractor to submit a certification, in
or prospective prime contractor or pro- the form approved by the Director,
posed subcontractor shall be required that the prospective prime contractor
to submit such information as the Di- or subcontractor does not and will not
rector requests prior to the award of maintain any facilities he provides for
the contract or subcontract. When a his employees in a segregated manner,
103
r
t
§ 60-1.9 41 CFR Ch. 60 (7-1-87 Edition)
or permit his employees to perform Rights Act of 1964 or other provisions
their services at any location, under of Federal law.
his control, where segregated facilities
are maintained; and that he will §60-1.10 Foreign government practices.
obtain a similar certification in the Contractors shall not discriminate
form approved by the Director, prior on the basis of race, color, religion,
to the award of any nonexempt sub- sex, or national origin when hiring or
contract. making employee assignments for
(43 FR 49240, Oct. 20, 1978: 43 FR 51400, work to be performed in the United
Nov. 3. 19781 States or abroad. Contractors are ex-
empted from this obligation only
§ 60-1.9 Compliance by labor unions and when hiring persons outside the
by recruiting and training agencies. United States for work to be per-
(a) Whenever compliance with the formed outside the United States (see
equal opportunity clause may necessi- 41 CPR 60-1.5(a)(3)). Therefore, a con-
tate a revision of a collective bargain- tractor hiring workers in the United
ing agreement the labor union or States for either Federal or nonfeder-
unions which are parties to such an ally connected work shall be in viola-
agreement shall be given an adequate tion of Executive Order 11246, as
opportunity to present their views to amended, by refusing. to employ or
the director. assign any person because of race,
(b) The Director shall use his best color, religion, sex, or national origin
efforts, directly and through agencies, regardless of the policies of the coun-
contractors, subcontractors, appli- try where the work is to be performed
cants, State and local officials, public or for whom the work will be per-
and private agencies, and all other formed. Should any contractor be
available instrumentalities, to cause unable to acquire a visa of entry for
any labor union, recruiting and train- any employee or potential employee to
ing agency or other representative of a country in which or with which it is
workers who are or may be engaged in doing business, and which refusal it
work under contracts and subcontracts believes is due to the race, color, reli-
to cooperate with, and to comply in gion, sex, or national origin of the em-
the implementation of, the purposes ployee or potential employee, the con-
of the order. tractor must immediately notify the
•(c) In order to effectuate the pur- Department of State and the Director
poses of paragraph (a) of this section, of such refusal.
the Director may hold hearings, public
or private, with respect to the prat- §60-1.11 Payment or reimbursement of
tices and policies of any such labor membership fees and other expenses to
union or recruiting and training private clubs.
agency. (a)(1) A contractor which maintains
(d) The Director may notify any a policy or practice of paying member-
Federal, State, or local agency of his ship fees or other expenses for em-
conclusions and recommendations ployee participation in private clubs or
with respect to any such labor organi- organizations shall ensure that the
zation or recruiting and training policy or practice is administered with-
agency which in his judgment has out regard to the race, color, religion,
R failed to cooperate with himself, agen- sex, or national origin of employees.
ties, prime contractors, subcontrac- (2) Payment or reimbursement by
tors, or applicants in carrying out the contractors of membership fees and
purposes of the order. The Director other expenses for participation by
also may notify the Equal Employ- their employees in a private club or or-
ment Opportunity Commission, the ganization which bars, restricts or
Department of Justice, or other appro- limits its membership on the basis of
priate Federal agencies whenever he race, color, sex, religion, or national
has reason to believe that the prat- origin constitutes a violation of Execu-
tices of any such labor organization or tive Order 11246 except where the
agency violates title VII of the Civil contractor can provide evidence that
104
i
Office of Federal Contract Compliance Programs § 60-1.21
such restrictions or limitations do not commitment must include the precise
abridge the promotional opportunities, action to be taken and dates for com-
status, compensation or other terms pletion. The time period allotted shall
and conditions of employment of be no longer than the minimum period
those of its employees barred from necessary to effect such changes.
membership because of their race, Upon approval of the commitment,
color, religion, sex, or national origin. the contractor may be considered in
OFCCP shall provide the contractor compliance, on condition that the
with the opportunity to present evi- commitments are faithfully kept. The
deuce in defense of its actions. contractor shall be notified that
(b) The contractor has the responsi- making such commitments does not
bility of determining whether the club preclude future determinations of
or organization restricts membership noncompliance based on a finding that
on the basis of race, color, religion, the commitments are not sufficient to
sex, or national origin. The contractor
achieve compliance.
may make separate determinations for (c) [Reserved]
different chapters of an organization, (d) Each agency shall include in the
and where it does so, may limit any invitation for bids for each formally
necessary corrective action to the par- advertised nonconstruction contract or
titular chapters which observe dis-
criminatory membership policies and state at the outset of negotiations for
practices. each negotiated contract, that if the
award, when let, should exceed the
(46 FR 3896,Jan. 16, 19811 amount of $1 million or more, the pro-
EFF-Ec-IVE DATE NOSE: At 46 FR 3896, Jan. spective contractor and his known
16, 1981. 16o-1.11 was added. At 46 FR first-tier subcontractors with subcon-
18951, Mar. 27, 1981, the effective date was tracts of sl million or more will be
deferred until further notice. subject to a compliance review before
Subpart S--General Enforcement; the award of the contract. No such
Compliance Review and Complaint contract shall be awarded unless a
preaward compliance review of the
Procedure prospective contractor and his known
§ 60-1.20 Compliance reviews. first-tier $1 million subcontractors has
been conducted within 12 months
(a) The purpose of a compliance prior to the award. The awarding
review is to determine if the prime agency will notify OFCCP and request
contractor or subcontractor maintains appropriate action and findings in ac-
nondiscriminatory hiring and employ- cordance with this subsection. OFCCP
ment practices and is taking affirma- will provide awarding agencies with
tive action to insure that applicants written reports of compliance within
are employed and that employees are 30 days following the request. In order
placed, trained, upgraded, promoted, to qualify for the award of a contract,
and otherwise treated during employ- a contractor and such first-tier sub-
ment without regard to race, color, re- contractors must be found to be in
ligion, sex, or national origin. It shall compliance pursuant to paragraph (b)
consist of a comprehensive analysis and evaluation of each aspect of the of this section, and with Part 60-2 of
aforementioned practices, policies, and these regulations.
conditions resulting therefrom. Where [43 FR 49240, Oct. 20, 1978: 43 FR 51400,
necessary, recommendations for ap- Nov. 3, 19781
propriate sanctions shall be made.
(b) Where deficiencies are found to §60-1.21 Filing complaints.
exist, reasonable efforts shall be made Complaints shall be filed within 180
to secure compliance through concilia- days of the alleged violation unless the
Lion and persuasion. Before the con- time for filing is extended by the Di-
tractor can be found to be in compli- rector for good cause shown.
ante with the order, it must make a
specific commitment, in writing, to (43 FR 49240, Oct. 20, 1978; 43 FR 51400.
correct any such deficiencies. The Nov. 3. 19781
105
i
§ 60-1.22 41 CFR Ch. 60 (7-1-87 Edition)
§60-1.22 Where to file. exhibits and other evidence which
Complaints may be filed with the relate to the alleged violations.
OFCCP, 200 Constitution Avenue, (c)(1) [Reserved]
NW., Washington, DC 20210, or with (2) If any complaint investigation or
any OFCCP regional or area office. compliance review indicates a violation
of the equal opportunity clause, the
§60-1.23 Contents of complaint. matter should be resolved by informal
(a) The complaint shall include the means whenever possible. Such infor-
name, address, and telephone number mal means may include the holding of
of the complainant, the name and ad- a compliance conference. -
dress of the contractor or subcontrac- (3) Where any complaint investiga
tor committing the alleged discrimina- tion or compliance review indicates a
tion, a description of the acts consid- violation of the equal opportunity
ered to be discriminatory, and any clause and the matter has not been re
other pertinent information which will solved by informal means, the Direc- t
assist in the investigation and resolu- for shall proceed in accordance with
tion of the complaint. The complaint § 60-1.26.
shall be signed by the complainant or (4) When a prime contractor or sub-
his/her authorized representative. contractor, without a hearing, shall
Complaints alleging class-type viola- have complied with the recommenda-
tions which do not identify the alleged tions or orders of the Director and be-
discriminatee or discriminatees will be lieves such recommendations or orders
accepted, provided the other require- to be erroneous, he shall, upon filing a
menus of this paragraph are met. request therefor within ten days of
(b) If a complaint contains incom- such compliance, be afforded an op-
plete information, OFCCP shall seek portunity for a hearing and review of
the needed information from the com- the alleged erroneous action.
plainant. In the event such informa- (5) For reasonable cause shown. the
lion is not furnished to the Director Director may reconsider or cause to be
within 60 days of the date of such re- reconsidered any matter on his/her
quest, the case may be closed. own motion or pursuant to a request.
§ 60-1.24 Processing of matters. (d) Reports to the Director. (1) With
(a) Complaints. OFCCP may refer the exception of complaints which
appropriate complaints to the Equal have been referred to EEOC, within 60
days from receipt of a complaint or
Employment Opportunity Commission
(EEOC) for processing under Title VII within such additional time e
of the Civil Rights Act of 1964, as allowed by the Director for may good cause
amended, rather than processing shown, the complaint shall be proc-
under E.O. 11246 and the regulations eased and the case record developed
$ in this chapter. Upon referring com- containing the following information:
plaints to the EEOC, OFCCP shall (i) Name and address of the com-
promptly notify complainant(s) and plainant;
' the contractor of such referral. (ii) Brief summary of findings, in-
(b) Complaint investigations. In cluding a statement regarding the con-
conducting complaint investigations, tractor's compliance or noncompliance
OFCCP shall, as a minimum, conduct with the requirements of the equal op-
a thorough evaluation of the allega- portunity clause;
tions of the complaint and shall be re- (iii) A statement of the disposition of
sponsible for developing a complete the case, including any corrective
case record. The case record should action taken and any sanctions or pen-
contain the name, address, and tele- alties imposed or, whenever appropri-
phone number of each person inter- ate, the recommended corrective
r viewed, the interview statements, action and sanctions or penalties.
copies, transcripts, or summaries (2) A written report of every
(where appropriate) of pertinent docu- preaward compliance review required
' menns, a reference to at least one cov- by this regulation or otherwise re-
ered contract, and a narrative report quired by the Director, shall be devel-
of the investigation with references to oped and maintained.
f 106
.1
I
Office of Federal Contract Compliance Programs § 60-1.26
(3) A written report of every other and its implementing regulations; (iv)
compliance review or any other matter a contractor's refusal to submit an af-
processed involving an apparent viola- firmative action program: (v) a con-
tion of the equal opportunity clause tractor's refusal to allow an on-site
shall be made. Such report shall con- compliance review to be conducted;
tain a brief summary of the findings, (vi) a contractor's refusal to supply
including a statement of conclusions records or other information as re-
regarding the contractor's compliance quired by these regulations or applica-
or noncompliance with the require- ble construction industry require-
ments of the order, and a statement of ments; or (vii) any substantial or mate-
the disposition of the case, including rial violation or the threat of a sub-
any corrective action taken or recom- stantial or material violation of the
mended and any sanctions or penalties contractual provisions of the order, or
imposed or recommended. of the rules or regulations issued pur-
suant thereto.
§ 60-1.25 Assumption jurisdiction by or (2) If the investigation of a com-
plaint, or a compliance review, results
The Director may inquire into the in a determination that the order,
status of any matter pending before equal opportunity clause or regula-
an agency. Where he considers it nec- tions issued pursuant thereto, have
essary or appropriate to the achieve- been violated, and the violations have
ment of the purposes of the order, he not been corrected in accordance with
may assume jurisdiction over the the conciliation procedures in this
matter and proceed as provided chapter, OFCCP may institute an ad-
herein. Whenever the Director as- ministrative enforcement proceeding
sumes jurisdiction over any matter, or to enjoin the violations, to seek appro-
an agency refers any matter he may priate relief (which may include of
conduct, or have conducted, such in- fected class and back pay relief), and
vestigations, hold such hearings, make to impose appropriate sanctions, or
such findings, issue such recommenda- any of the above. However, if the con-
tions and directives, order such sanc- tractor refuses to submit an affirma-
tions and penalties, and take such tive action program, or refuses to
other action as may be necessary or supply records or other requested in-
appropriate to achieve the purposes of formation, or refuses to allow the com-
the order. The Director shall promptly pliance agency access to its premises
notify the agency of any corrective for an on-site review; and if concilia-
action to be taken or any sanctions to tion efforts under this chapter are un-
be taken or any sanction to be imposed successful, OFCCP, notwithstanding
by the agency. The agency shall take the requirements of this chapter, may
such action, and report the results go directly to administrative enforce-
thereof to the Director within the ment proceedings to enjoin the viola-
time specified. tions, to seek appropriate relief, and to
impose appropriate sanctions, or any
' § 60-1.26 Enforcement proceedings. of the above. Whenever the Director
2, (a) General. (1) Violations of the has reason to believe that there is sub-
° order, equal opportunity clause, the stantial or material violation or the
regulations in this chapter, or of appli- threat of substantial or material viola-
cable construction industry equal em- tion of the contractual provisions of
ployment opportunity requirements, the order or of the rules, regulations
may result in the institution of admin- or orders issued pursuant thereto, he/
istrative or judicial enforcement pro- she may refer the matter to the Solici-
t ceedings to enforce the order and to for of Labor to institute administra-
seek appropriate relief. Violations may tive enforcement proceedings as set
be found based upon, inter alia, any of forth in this section or refer the
the following (i) The results of a com- matter to the Department of Justice
i plaint investigation. (ii) analysis of an to enforce the contractual provisions
s` affirmative action program; (iii) the of the order, to seek injunctive relief
results of an on-site review of the con- (including relief against noncontrac-
tractor's compliance with the order tors, including labor unions, who seek
Y,
101
f
§ 60-1.26 41 CFR Ch. 60 (7-1-87 Edition)
to thwart implementation of the order appropriate to ensure the full enjoy-
and regulations) and to seek such ad- ment of the rights secured by the
ditional relief, including back pay, as order, or any of the above.
may be appropriate. There are no pro- (2) The Attorney General is author-
cedural prerequisites to a referral to ized to conduct such investigation of
the Department of Justice by the Di- the facts as he may deem necessary or
rector, and such referrals may be ac- appropriate to carry out his responsi-
complished without proceeding bilities under these regulations.
through the conciliation procedures in (3) Prior to the institution of any ju-
this chapter, and a referral may be dicial proceedings, the Attorney Gen-
made at any stage in the procedures eral, on behalf of the Director, is au-
under this chapter: Provided, That no thorized to make reasonable efforts to
order for debarment from further con- secure compliance with the contract
tracts or subcontracts pursuant to sec- provisions of the order. He may do so
tion 209(a)(6) of the order shall be by providing the contractor and any
made without affording the contractor other respondent with reasonable
an opportunity for a hearing, either notice of his findings, his intent to file
administrative or judicial. suit, and the actions he believes neces-
(b) [Reserved] sary to obtain compliance with the
(c) Administrative enforcement pro- contract provisions of the order with-
ceedings. Administrative enforcement out contested litigation, and by offer-
proceedings shall be conducted under ing the contractor and any other re-
the control and supervision of the So- spondent a reasonable opportunity for
licitor of Labor and under the Rules of conference and conciliation, in an
Practice for Administrative Proceed- effcrt to obtain such compliance with-
ings to Enforce Equal Opportunity out contested litigation.
Under Executive Order 11246 con- (4) As defined in these regulations,
tained in Part 60-30 of this chapter. the Attorney General shall mean the
(d) Decision following administra- Attorney General, the Assistant Attor-
tive proceeding. If it is determined ney General for Civil Rights, or any
after a hearing (or after the contrac- other person authorized by regula-
tor waives a hearing) that the contrac- tions or practice to act for the Attor-
tor is violating the order or the regula- ney General with respect to the en-
tions issued thereunder, the Secretary forcement of equal employment op-
(in accordance with 41 CFR 60- portunity laws, orders and regulations
30.30(a)) shall issue an Administrative generally, or in a particular matter or
order enjoining the violations and re- case.
quiring the contractor to provide (5) The Director or his/her designee,
whatever remedies are appropriate, and representatives of the Attorney
and imposing whatever sanctions are General may consult from time to
appropriate, or any of the above. In time to determine what investigations
any event, failure to comply with the should be conducted to determine
Administrative order shall result in whether contractors or groups of con-
the imposition of the sanctions con- tractors or other persons may be en-
tained in section 209 (a)(5) or (a)(6) of gaged in patterns or practices in viola-
the Executive order. tion of the Executive order or these
�. (e) Referrals to the Department of regulations, or of resistance to or in-
Justice. (1) Whenever a matter has terference with the full enjoyment of
_ been referred to the Department of any of the rights secured by them,
Justice for consideration of judicial warranting judicial proceedings.
proceedings pursuant to § 60-1.26(a)(2) (f) Initiation of lawsuits by the At-
of these regulations, the Attorney torney General without referral from
General may bring a civil action in the the Director. In addition to initiating
appropriate district court of the lawsuits upon referral under 41 CFR
United States requesting a temporary 60-1.26, the Attorney General may,
restraining order, preliminary or per- subject to approval by the Director,
manent injunction, and an order for initiate independent investigations of =
such additional equitable relief, in- contractors which he/she has reason
cluding back pay, deemed necessary or to believe may be in violation of the
108
- i
1
i
Office of Federal Contract Compliance Programs § 60-1.31
order or the rules and regulations tice or to the Equal Employment Op-
issued pursuant thereto. If, upon com- portunity Commission shall be made
pletion of such an investigation, the by the Director.
Attorney General determines that the §60-1.28 Show cause notices.
contractor has in fact violated the
order or the rules and regulations When the director has reasonable
issued thereunder, he shall make rea- cause to believe that a contractor has
sonable efforts to secure compliance violated the equal opportunity clause
with the contract provisions of the he may issue a notice requiring the
order. He may do so by providing the contractor to show cause, within 30
contractor and any other respondent days, why monitoring, enforcement
with reasonable notice of the Depart- proceedings or other appropriate
ment's findings, its intent to file suit, action to ensure compliance should
and the actions that the Attorney not be instituted.
General believes are necessary to
` obtain compliance with the contract § 60-1.29 Preaward notices.
provisions of the order without con- (a) P7ca.ward compliance reviews.
tested litigation, and by offering the Upon the request of the Director,
contractor and any other respondent a agencies shall not enter into contracts
reasonable opportunity for conference or approve the entry into contracts or
and conciliation in an effort to obtain subcontracts with any bidder, prospec-
such compliance without contested tive prime contractor, or proposed sub-
litigation. If these efforts are unsuc- contractor named by the Director
cessful, the Attorney General may, until a preaward compliance review
upon approval by the Director, bring a has been conducted and the Director
civil action in the appropriate district or his designee has approved a deter-
court of the United States requesting mination that the bidder, prospective
a temporary restraining order, prelimi-
nary or permanent injunction, and an tractor will be able to comply with the
order for such additional equitable provisions of the equal opportunity
relief, including back pay, deemed nec- clause.
essary or appropriate to ensure the (b) Other special preaward proce-
full enjoyment of the rights secured dares. Upon the request of the Direc-
tor, agencies shall not enter into con-
(g) To the extent applicable, this tracts or approve the entry into sub-
section and Part 60-30 of this chapter contracts with any bidder; prospective
shall govern proceedings resulting prime contractor or proposed subcon-
from the Director's determination tractor specified by the Director until
under t 60-2.2(b) that there are sub- the agency has complied with the di-
stantial issues of law or fact as to the rections contained in the request.
contractor/bidder's responsibility.
(E.O. 11246 (30 FR 12319) as amended by § 60-1.30 Contract ineligibility list.
E.O. 11375 and 12086; sec. 503. Pub. L. 93- The Director shall distribute periodi-
112, 87 Stat. 393 (29 U.S.C. 793). as amended tally a list to all executive depart-
by sec. 111, Pub. L. 93-516, 88 Stat. 1619 (29 ments and agencies giving the names
U.S.C. 70, and O. 8; sec. 503(a), Pub. of prime contractors and subcontrac-
L. 92-540 86 Statat. 1097 97 (38 U.S.C. 2012), as
amended by sec. 402, Pub. L. 93-508, 88 Stat. tors who have been declared ineligible
1593 (38 U.S.C. 2012)) under the regulations in this part and
(43 FR 49240, Oct. 20, 1978, as amended at the order.
45 FR 9272, Feb. 12, 19801
§60-1.31 Reinstatement of ineligible
§60-1.27 Sanctions and penalties. prime contractors and subcontractors.
`r The sanctions described in subset- Any prime contractor or subcontrac
f tions (1). (5), and (6) of section 209(a) for declared ineligible for further con-
of the order may be exercised only by tracts or subcontracts under the order
i or with the approval of the Director. may request reinstatement in a letter
Referral of any matter arising under directed to the Director. In connection
f the order to the Department of Jus- with the reinstatement proceedings,
109
§ 60-1.32 41 CFR Ch. 60 (7-1-87 Edition)
the prime contractor or subcontractor § 60-1.34 Violation of a conciliation
shall be required to show that it has agreement or letter of commitment.
established and will carry out employ- (a) When a conciliation agreement
ment policies and practices in compli- has been violated, the following proce-
ance with the equal opportunity dures are applicable:
clause. (1) A written notice shall be sent to
the contractor setting forth the viola-
§ 60-1.32 Intimidation and'interference. tions alleged and summarizing the
The sanctions and penalties con- supporting evidence. The contractor
tained in Subpart D of the order may shall have 15 days from receipt of the
be exercised by the Director against notice to respond, except in those
any prime contractor, subcontractor or cases in which such a delay would
applicant who fails to take all neces- result in irreparable injury to the em-
sary steps to ensure that no person in- ployment rights of affected employees
timidates, threatens, coerces, or dis- or applicants.
criminates against any individual for (2) During the 15-day period the
the purpose of interfering with the contractor may demonstrate in writing
filing of a complaint, furnishing infor- that it has not violated its commit-
mation, or assisting or participating in ments.
any manner in an investigation, com- (3) If the contractor is unable to
pliance review, hearing, or any other demonstrate that it has not violatedits commitments, or if the complaint
activity related to the administration alleges irreparable injury, enforce-
of the order or any other Federal, meet proceedings may be intitiated
State, or local laws requiring equal em- immediately without issuing a show
ployment opportunity. cause notice or proceeding through
§60-1.33 Conciliation agreements. any other requirement contained in
this chapter.
(a) If a compliance review, complaint (b) If the contractor has violated a
investigation or other review by letter of commitment, the matter shall
OFCCP or its representative indicates be handled, where appropriate, pursu-
a material violation of the equal op- ant to 41 CFR 60-2.2(c) or 60-4.8. The
portunity clause, and (1) if the con- violation may be corrected through a
tractor, subcontractor or bidder is will- conciliation agreement, or an enforce-
ing to correct the violations and/or de- ment proceeding may be initiated.
ficiencies, and (2) if OFCCP or its rep- (E.O. 11246 (30 FR 12319) as amended by
resentative determines that settlement EO 11375 and 12086)
(rather than referral for consideration (44 FR 77002, Dec. 28, 19791
of formal enforcement) is appropriate,
a written agreement shall be required. Subpart C—Ancillary Matters
The agreement shall provide for such
remedial action as may be necessary to
y § 60-1.40 Affirmative action compliance
correct the violations and/or deficien- programs.
cies noted, including, where appropri-
_� ate (but not necessarily limited to), (a) Requirement-3 of programs. Each
.� contractor who has 50 or more em-
remedies such as back pay and retro-
active seniority. ployees and (1) has a contract of
(b) The term "conciliation agree- $50,000 or more; or (2) has Govern-
' ment" does not include "letters of ment bills of lading which in any 12-
month period, total or can reasonably
commitment" which are appropriate be expected to total $50,000 or more;
for resolving minor technical deficien- or (3) serves as a depository of Gov-
F cies.
ernment funds in any amount; or (4) is
(E.O. 11246 (30 FR 12319) as amended by a financial institution which is an issu-
E.O. 11375 and 12086) ing and paying agent for U.S. savings
144 FR 77002, Dec. 28, 19791 bonds and savings notes in any
amount, shall develop a written affir-
mitive action compliance program for
110
1
1
1
Office of Federal Contract Compliance Programs § 60-1.41
each of its establishments. Each con- (c) Maintenance of programs.
tractor and subcontractor shall re- Within 120 days from the commence-
quire each subcontractor who has 50 ment of the contract, each contractor
or more employees and W has a sub- shall maintain a copy of separate af-
contract of $50,000 or more; or (ii) has firmative action compliance programs
Government bills of lading which in for each establishment, including eval-
any 12-month period, total or can rea- uations of utilization of minority
sonably be expected to total $50,000 or group personnel and the job classifica-
more; or (iii) serves as a depository of tion tables, at each local office respon-
Government funds in any amount; or sible for the personnel matters of such
(iv) is a financial institution which is establishment. An affirmative action
an issuing and paying agent for U.S. compliance program shall be part of
savings bonds and savings notes in any the manpower and training plans for
amount, to develop a written affirma- each new establishment and shall be
tive action compliance program for developed and made available prior to
` each of its establishments. A necessary the staffing of such establishment. A
prerequisite to the development of a report of the results of such program
satisfactory affirmative action pro- shall be compiled annually and the
gram is the identification and analysis program shall be updated at that time.
of problem areas inherent in minority This information shall be made avail-
employment and an evaluation of op- able to representatives of the Director
portunities for utilization of minority upon request and the contractor's af-
group personnel. The contractor's pro- firmative action program and the
gram shall provide in detail for specif- result it produces shall be evaluated as
is steps to guarantee equal employ- part of compliance review activities.
ment opportunity keyed to the prob- [43 F'R 49240, Oct- 20, 1978; 43 FR 51400,
lems and needs of members of minori- Nov. 3, 19781
ty groups, including, when there are
deficiencies, the development of spe- §60-1.41 Solicitations or advertisements
cific goals and time tables for the for employees.
prompt achievement of full and equal In solicitations or advertisements for
employment opportunity. Each con- employees placed by or on behalf of a
tractor shall include in its affirmative
action compliance program a table of Prime contractor or subcontractor, the
job classifications. This table should requirements of paragraph (2) of the
include but need not be limited to job equal opportunity clause shall be satis-
titles, principal duties (and auxiliary fied whenever the prime contractor or
duties, if any), rates of pay, and where subcontractor complies with any of
more than one rate of pay applied (be- the following:
cause of length of time in the job or (a) States expressly in the solicita-
other factors), the applicable rates. tions or advertising that all qualified
The affirmative action compliance applicants will receive consideration
program shall be signed by an execu- for employment without regard to
five official of the contractor. race, color, religion, sex, or national
t (b) Utilization evaluation.. The eval- origin,
uation of utilization of minority group (b) Uses display or other advertising,
k personnel shall include the following: and the advertising includes an appro-
(1) An analysis of minority group priate insignia prescribed by the Di-
representation in all job categories. rector. The use of the insignia is con-
(2) An analysis of hiring practices sidered subject to the provisions of 18
for the past year, including recruit- U.S.C. 701;
k went sources and testing, to determine (c) Uses a single advertisement, and
whether equal employment opportuni- the advertisement is grouped with
z ty is being afforded in all job catego- other advertisements under a caption
ries. which clearly states that all employers
+ (3) An .analysis of .upgrading, trans- in the group assure all qualified appli-
fer and promotion for the past year to cants equal consideration for employ-
determine whether equal employment ment without regard to race, color, re-
opportunity is being afforded. ligion, sex, or national origin;
a
t
e
§ 60-1.42 41 CFR Ch. 60 (7-1-87 Edition)
(d) Uses a single advertisement in Construction Contract, regardless of the
which appears in clearly distinguish- number of employees in either case.
able type the phrase "an equal oppor-
tunity employer."
§ 60-1.42 Notices to be posted. Who believes he or she has beendiscriminated against
(a) Unless alternative notices are SHOULD CONTACT
prescribed by the Director, the notices
which prime contractors and subcon-
tractors are required to post by para- -----------
graphs (1) and (3) of the equal oppor-
tunity clause will contain the follow- COMPLIANCE PROGRAMS
ing language and will be provided by
the contracting or administering agen- U.S. Department of Labor Washington, D.C.
cies: 20210
EQUAL EMPLOYMENT OPPORTUNITY IS THE (b) The requirements of paragraph
LAW—DISCRIMINATION IS PROHIBITED BY (3) of the equal opportunity clause
THE CIVIL RIGHTS ACT OF 1964 ANn BY Ex- will be satisfied whenever the prime
ECUTIVE ORDER NO. 11246 contractor or subcontractor posts
Title VII of the Civil Rights Act of 1964— copies of the notification prescribed
Administered by: by or pursuant to paragraph (a) of
this section in Conspicuous places
THE EQUAL EMPLOYMENT OPPORTUNITY available to employees, applicants for
COMMISSION employment, and representatives of
Prohibits discrimination because of Race, each labor union or other organization
Color, Religion, Sex, or National Origin by representing his employees with which
Employers with 75 or more employees, by he has a collective-bargaining agree-
Labor Organizations with a hiring hall of 75 ment or other contract or understand-
or more members, by Employment Agencies,
and by Joint Labor-Management Commit- mg.
tees for Apprenticeship or Training. After
July 1, 1967;-employers and labor orgazliTa- §60-1.43 Access to records and site of em-
tions with 50 or more employees or mem- pioyment.
bers will be covered; after July 1, 1968, those with 25 or more will be covered Each prime contractor and subcon-
tractor shall permit access during
ANY PERSON normal business hours to its premises
Who believes he or she has been for the purpose of conducting on-site
discriminated against compliance reviews and inspecting and
copying such books, records, accounts,
SHOULD CONTACT and other material as may be relevant
to the matter under investigation and
pertinent to compliance with the
order, and the rules and regulations
THE EQUAL EMPLOYMENT OPPORTUNITY promulgated pursuant thereto by the
COMMISSION agency, or the Director. Information
2401 E Street NW, Washington, D.C. 20506 obtained in this manner shall be used
Executive Order No. 11246—Administered Only u1 connection with the adminis-
by. tration of the order, the administra-
tion of the Civil Rights Act of 1964 (as
THE OFFICE OF FEDERAL CONTRACT amended) and in furtherance of the
COMPLIANCE PROGRAMS purposes of the order and that Act.
Prohibits discrimination because of Race, (See 41 CFR Part 60-60, Contractor
F Color, Religion, Sex, or National Origin, and Evaluation Procedures for Noncon-
requires affirmative action to ensure equals- struction Contractors; 41 CFR Part
ty of opportunity in all aspects of employ- 60-40, Examination and Copying of
ment. OFCCP Documents.)
By all Federal Government Contractors
and Subcontractors, and by Contractors (Sec. 201. E.O. 11246, 30 FR 12319, and E.O.
Performing Work Under a Federal Assisted 11375, 32 FR 14303)
112
if
f
i
I
Office of Federal Contract Compliance Programs § 60-7.47
§ 60-1.44 Rulings and interpretations, mittee on Equal Employment Oppor-
tunity under or interpretations of Cunity which appear at 28 FR 9812,
the order or the regulations contained September 2, 1963, and at 28 FR
in this part shall be made by the Sec- 11305, October 23, 1963, the temporary
retary or his designee. regulations which appear at 30 FR
13441, October 22, 1965, and the orders
§ 60-1.45 Existing contracts and subcon- at 31 FR 6881, May 10, 1966, and 32
tracts. FR 7439, May 19, 1967.
All contracts and subcontracts in
effect prior to October 24. 1965, which PART 60-2—AFFIRMATIVE ACTION
are not subsequently modified shall be PROGRAMS
administered in accordance with the
nondiscrimination provisions of any
prior applicable Executive orders. Any Subpart A—General
• contract or subcontract modified on or Sec.
after October 24. 1965, shall be subject 60-2.1 Title, purpose and scope.
to Executive Order 11246. Complaints 60-2.2 Agency action.
received by and violations coming to
the attention of agencies regarding Subpart 8—Required Contents of Affirmative
contracts and subcontracts which were Action Programs
subject to Executive Orders 10925 and
11114 shall be processed as if they 60-2.10 Purpose of affirmative action pro-
were complaints regarding violations gram.
of this order. 60-2.11 Required utilization analysis.
60-2.12 Establishment of goals and timeta-
§ 60-1.46 Delegation of authority by the bles.
Director. 60-2.13 Additional required ingredients of
The Director is authorized to redele- affirmative action programs.
gate the authority given to him by the so-2.14 Program summary.
regulations in this part. The authority 60-2.15 Compliance status.
redelegated by the Director pursuant Subpart C—Methods of Implementing the
to the regulations in this part sha11 be Requirements of Subpart B
exercised under his general direction
and control. 60-2.20 Development or reaffirmation of
the equal employment opportunity
§ 60-1.47 Effective date. policy.
The regulations contained in this 60-1.21 Dissemination of the policy.
part shall become effective July 1, 60-2.22 Responsibility for implementation.
1968, for all contracts, the solicita. 60-2.23 Identification of problem areas by
tions, invitations for bids, or requests organizational units and job groups.
for proposals which were sent by the 60-2.24 Development and execution of pro-
Government or an applicant on or grams.
after said effective date, and for all ne- 60-2.25 Internal audit and reporting sys-
gotiated contracts which have not Gems.
been executed as of said effective date. 60-2.26 Support of action programs.
Notwithstanding the foregoing, the
regulations in this part shall become Subpart D—Miscellaneous
effective as to all contracts executed 60-2.30 Use of goals.
on and after the 120th day following 60-2.3I Preemption.
said effective date. Subject to any 60-2.32 Supersedure.
1 prior approval of the Secretary, any AUrxoRiry: 5 U.S.C. 553(a)(3)(B): 29 CFR
agency may defer the effective date of 2.7: sec. 201, E.O. 11246, 30 FR 12319, and
the regulations in this part, for such E.O. 11375. 32 FR 14303, as amended by
Period of time as the Secretary finds E.O. 12086.
to be reasonably necessary. Contracts SOURCE: 43 FR 49249, Oct. 20, 1978, unless
executed prior to the effective date of otherwise noted.
the regulations in this part shall be
governed by the regulations promul-
gated by the former President's Com-
113
4
EQUAL OPPORTUNITY AND 61'i'L �,r.Lr.L Llul� �v
- HDR RF-8989
7-18-77
EMPLOYMENT OPPORTUNITIES FOR BUSINESSES AND LOW INCOME
PERSONS IN CONNECTION WITH ASSISTED PROJECTS
PART 135--EMPLOYMENT OPPORTUNI- Subpart A—General responsibilities under section 3 of the
TIES FOR BUSINESSES AND LOWER IN- 6 135.1 Purpose and scope of part. Housing and Urban Development Act of
COME PERSONS IN CONNECTION WITH 1968, as he finds appropriate and may,
ASSISTED PROJECTS (a)(D The regulations set forth in as needed, amplify any regulations Is-
this part contain the procedures estab- sued pursuant to section 3, through
Subpart A--General lished by the Secretary of Housing and guidelines,handbooks,circulars,or other
sea Urban Development for carrying out his means.
ls5.1 Purpose and scope of part. responsibilities under section 3 of the
13 .10 Delegation to Assistant secretary for Housing and Urban Development Act of 135.5 Definition..
squat Opportunity. 1968, 12 U.B.C. 1701u. That section re- As used In this part-
135.15 Determination of the area of a sec- quires that: (a) "Appllrant" means any entity
tloa 3 covered project. (2) In the administration by the Sec- seeking assistance for a project includ-
135.20 Assurance of compliance with regu- retary of Housing and Urban Develop- ing. but not limited to mortgagors.
lotions meat of programs providing direct finan- developers, local public bodies, nonprofit
135.25 Bidding and negotiation require- cial assistance in aid of housing. urban or limited dividend sponsors, builders,or
meats. planning, development, redevelopment, property managers.
135.3o Other applicant and recipient obllsa- or renewal, public or community facill- (b) "Business concerns located within
bons ties, and new community development, the section 3 covered project area"
135.35 Sfectuation of applicant obligations the Secretary shall— means those Individuals or firms located
in direct and indirect relauon- (i) Require. in consultation with the within the relevant section 3 covered
ships. to
Secretary of Labor, that to the (;neatest project area as determined pursuant.
Subpart 1111—Ut1llzatlon of Lower Income Area extent feasible opportunities :or train- 1 135.15, listed on the Department's
Residents as Trainees Ing and employment arising In connec- registry of eligible business concerns,and
ls5.4o General tion with the planning and carrying out which qualify as small under the small
135.45 Satabllshtng number of tralneee. of any project assisted under any such business size standards of the Small
135.60 Good 3aith edort. program be given to lower income per- Business Administration.
Subpart C--uutlzauon of Lower Income Area soils residing in the area of such project: (c) "Business concerns owned In sub-
Residents as Employees and stantial part by persons residing In the
135.55 General. (ii) Require, in consultation with the section 3 covered project area" means
136.60 Good faith effort. Administrator of the Small Business Ad- those business concerns which am 51 per-
ministration, that to the greatest extent cent or more owned by persons residing
Subpart o--utiltzatton of Business Located In« feasible contracts for work to be per- within the relevant section 3 covered
Ow InSubstarrtlal Pact by Persons Residl
In the Area n5 formed in connection with any such project as determined pursuant to
135.65 General. project be awarded to business concerns, 6 135.15, owned by persons considered by
135.70 Development of an omrmative ao- including but not limited to individuals the Small Business Administration to be
tion plan. or firms doing business In the field of socially or economically disadvantaged.
Subpart t'��rtidpatJon A�evw� Pro�r■nr planning, consulting, design, architec- listed on the Department's registry of
Lure, building construction, rehabilita- eligible business concerns, and which
135.75 Participation as evidence of oom- Lion, maintenance, or repair, which are qualify as small under the small business
p)iance with section 3 require- located in or owned in substantial part size standards of the Small Business Ad-
menta. by persons residing in the area of such
Subpart F—Qdwence and Compliance Review
mi(d)
135.80 who may fue grievance. Project tit CContonn
racting Party" means any
<b) In the development of these entity which contracts with a contractor
135.85 Content of grievance 1111nga regulations the Secretary has consulted for the performance of work In connee-
135.90 Form of grievance filings. with the Secretary of Labor and the tion with a section 3 covered project.
135.10 Prate of filing. Administrator of the Small Business Ad-
135.100 Time of filing. (e) "Contractor" means any entity
ga
1s5.lo5 Processing of grievance nrtn . ministration and mutual agreement has which performs work In connection with
135.110 Hearings. been reached with respect to the coordi- a section 3 covered project.
13s.116 Compliance reviews and procedures. nation o1 employment and training (f) "Department" means the Depart-
subpart Cl Iscalleneous efforts and contracts awards under these ment of Housing and Urban Develop-
135.120 Reporting and recordkeeping. regulations by the Department of Hous- ment.
135126 Implementing procedures and in- ing and Urban Development,the Depart- (g) "Lower income resident of the
structions. ment of Labor, and the Small Business area" means any individual who resides
135.130 Labor standards. Administration. within the area of a section 3 covered
135.135 sanctions. (c) The regulations as set forth In this Proj ect and whose family income does not
135.140 =active date, part, particularly Subparts C and D o1 exceed 90 percent of the median income
AvrsoR=T: sec. s of the Housing and this Part, shall serve to define "to the in the Standard Metropolitan Statistical
Urban Development Act of 1968. 12 U.S.C. greatest extent feasible" as that term 13 Area (or the county i1 not within an
1701u, and. see. 7(d), Department of BUD applied In section 3 of the Housing and SM.SA) in which the section 3 covered
Act,42 U.S.C.3535(d). Urban Development Act of 1968. project is located.
Souacs: 38 PR.29221, Oct.28, 1973. unle. (d) The Secretary will Issue such fur- (h) 'Political jurisdiction" means a
otherwise noted. ther regulations in connection with his politically organized community with a
Published by THE BUREAU OF NATIONAL AFFAIRS, INC., WASHINGTON, D.C. 20037 57
90:1552 HOU=G & DEVELOPMENT REPORTER
governing body having general govern- § 135.I5 Determination of the area of urban planning,development,redevelop-
mental powers. a section 3 covered project. went, or renewal, public or community
(t) "Recipient"means any entity who (a) The area of a section 3 covered facilities, and new community develop-
received assistance for a project includ- project shall be determined as follows: ment, entered into by the Department
ing, but not limited to, mortgagors, (1) The boundaries of a section 3 cov- o1 Housing and Urban Development with
developers, local public bodies,nonprofit ered project located: respect to a section 3 covered project
or limited dividend sponsors, builders or (1) Within a geographic area desig- shall contain provisions requiring the ap-
property managers. nated as an urban renewal area pursuant pllcant or recipient to carry out the pro-
Q) "Secretary" means the Secretary to the provisions of title I of the Housing dons of section 3, the regulations set
of Housing and Urban Development. Act of 1949, 42 U.S.C. 1450: or forth In this part, and any applicable
(k) "Section 3" means section 3 of 01) Within a geographic area desig- rules and orders of the Department is-
the Housing and Urban Development Act hated as Model Cities areas or Metropoli- sued thereunder prior to approval of its
of 1968, 12 U.S.C.1701u. tan Development Plan areas pursuant to application for assistance for a section 3
(1) "Section 3 clause"means the con- the provisions of title I o1 the Demon- covered project.
tract provisions set forth in 1 135.20(b). stration Cities and Metropolitan Develop- (b) Every applicant, recipient, con-
(m) "Section 3 covered project"means orient Act of 1966, 42 U.S.C. 3301; or tracting Party. contractor, and subcon-
,any nonexempt project assisted by any (III) Within a geographic area desig- tractor shall incorporate, or cause to be
program administered by the Secretary nated as an Indian reservation (to in- incorporated, In all contracts for work
in which loans,grants,subsidies,or other dude all territory within reservation In connection with a section 3 covered
financial assistance are provided in aid boundaries including fee patented roads, project, the following clause (referred to
of housing,urban planning,development, waters,bridges and lands used for agency as a section 3 clause):
redevelopment, or renewal, public or purposes), A. The work to be performed under
community facilities, and new commu- shall be coextensive with the boundaries this contracct is on a project assisted un-
nity development (except where the II- der a program providing direct Federal
of that geographic area. I ncial assistance from the Depart-
nancial assistance available under such (2) The boundaries of a section 3 ment of Housing and Urban Develop-
program is solely in the form of lnsurance covered project not located within a geo- meat and is subject to the requirements
or guaranty). Projects, contracts, and graphic area designated pursuant to title of section 3 of the Housing and Urban
subcontracts, connected with programs I of the Housing Act of 1940, or title I of Development Act of 1968,as amended, 12
administered by the Secretary under sec- the Demonstration Cities and Metropoll- U.S.C. 1701u. Section 3 requires that to
tion 235 and 236 of the National Hous- tan Development Act of 1966 shall be co- the greatest extent feasible opportunt-
Ing Act, as well as any Public Housing extensive with the boundaries of the ties for training and employment be
program and which do not exceed smallest political jurisdiction In which given lower income residents of the
$500,000 in estimated cost are exempted the project Is located. project area and contracts for work In
from the requirements of this part, as (3) To the extent that goals (estab- connection with the project be awarded
or under
>s any subcontract of $50,000 fished pursuant to Subparts B, C, and to business concerns which are Iocated
on such projects or contracts 0 excess under
D of this part) cannot be met within a In, or owned in substantial part by per-
$500,000. section 3 covered project area as deter- sons residing in the area of the project.
(a) "Subcontractor"means any entity mined pursuant to paragraph (a)(1) of B. The parties to this contract will
this section,the boundaries of the small- comply with the provisions of said sec-
(other than a person who is an employee est political jurisdiction In which the sec- tion 3 and the regulations issued pu:su
of the contractor) which has agreed or tion 3 covered project Is located shall be ant thereto by the Secretary of Housing
arranged with a contractor to undertake designated as the relevant section 3 cov- and Urban Development set forth in 24
a portion of the contractor's obligation or Bred project area The dete.-mination to CFR Part 135, and all applicable rules
the performance of work in connection apply this subparagraph shall be made and orders of the Department issued
with a section 3 covered Project. by the Assistant Secretary for Equal Op- thereunder prior to the execution of this
135.I0 Delegation co Assistant See- nated
or by the same o=cial desig- contract. The parties to this contract
Hated by the Assistant Secretary for certify and agree that they are under
retar' for Equal Opportunity. Equal Opportunity to determine the sec- no contractual or other disability which
Except as otherwise provided in this tion 3 covered project area pursuant to would prevent them from complying
Part, the functions of the Secretary re- paragraph (a)(1) of this section. with these requirements.
ferred to in this part are delegated to (b) The Department's Regional Ad- C. The contractor will send to each la-
the Assistant Secretary for Equal Op- min istrator,Area Office Director.or FHA bor organization or representative of
portunity. The Assistant Secretary is Insuring Office Director, as appropriate, workers with which he has a collective
further authorized to redelegate func- shall determine the boundaries of each bargaining agreement or other contract
bons and responsibilities delegated in section 3 covered project. or understanding,If any, a notice advis-
Ing the said labor organization or work-
this section to employees of the Depart-
§ 135.20 Assurance of compliance with ers' representative o1 his commitments
ment, Provided, however, That the au- regulations. under this section 3 clause and shall post
thority to issue rules and regulations (a) Every contract or agreement for copies of the notice In conspicuous places
under 1 135.1(d) may not be redelegated. a grant, loan, subsidy, or other direct available to employees and applicants for
139 FR 29594,Aug.16,19741 financial assistance In aid of housing. employment or training.
Published by THE BUREAU OR NATIONAL AFFAIRS, INC., WASHINGTON, D.C. 20037 58
EQUAL OPPORTUNITY AND SITE SELECTION 90:1553
HDR RF-89
7-18-77
D. The contractor will include this ments of these regulations as part of the assume the same obligations as a con-
section 3 clause In every subcontract for contract specifications. tractor for work under section 3 of these
work in connection with the project and § 135.30 Other applicant and recipient regulations (including the incorporation
wilL at the direction of the applicant obligations. of the Assurance of Compliance language
for or recipient of Federal financial as- specified in 1 135.20).
sistance, take appropriate action pursu- Every applicant and recipient shall as- (d) Each such purchaser,lessee. or re-
ant to the subcontract upon a finding sist and actively cooperate with the Sec- developer shall be relieved of such obli-
that the subcontractor Is in violation of retary In obtaining the compliance of gations upon satisfactory completion of
regulations issued by the Secretary of their contractors and subcontractors all work to be performed under the terms
Housing and Urban Development, 24 with the requirements of these regula- of the redevelopment contract.
CPR Part 135. The contractor will not tions, including cooperation and assist- Sub art B—Utilization of Lower income
subcontract with any subcontractor once in distributing and collecting forms part
Residents as Trainees
where it has notice or knowledge that and information. and in notifying con-
the latter has been found in violation of trotting parties and contractors of vio- g 135.40 General.
regulations under 24 CFR Part 135 and lations of these regulations,and shall re- Each applicant, recipient, contractor
will not let any subcontract unless the (rain from entering into any contract or subcontractor undertaking work in
subcontractor has first provided it with a with any contractor after notification by connection with a section 3 covered proj-
preliminary statement of ability to com- the Department that the contractor has ect shall fulfill his obligation to utilize
ply with the requirements of these been found In violation of these regula- lower income project area residents as
regulations. Lions pursuant to 1 135.110(j). trainees to the greatest extent feasible
E. Compliance with the provisions of § 135.35 Effectuation of applicant obli- by:
section 3, the regulations set forth In 24 pations in direct and indirect rely- (a) Utilizing the maximum number of
CFR Part 135, and all applicable rules tionships. persons in the various training categories
and orders of the Department issued (a) Where the applicant for assist- in all phases of the work to be performed
thereunder prior to the execution of the ante under a section 3 covered project under the section 3 covered project: and
contract,shall be a condition of the Fed- and the recipient of such assistance are (b) Filling all vacant training posi-
eral financial assistance provided to the not one and the same,the recipient shall tions with lower income project area
project,binding upon the applicant or re- be regarded as the successor in interest residents except for those training posi-
cipient for such assistance,its successors, of the applicant and shall have the same tions which remain unfilled after a good
and assigns. Failure to fulfill these re- obligations as the applicant with respect faith effort has been made to fill them
quirements shall subject the applicant or to compliance with these regulations. with eligible lower income project area
recipient,its contractors and subcontrac- These obligations shall be incorporated, residents.
tors, its successors. and assigns to those specifically or by reference In the loan § 135.45 Eatnbliahing number of
sanctions specified by the grant or loam or grant agreement or other contract or trainees.
agreement or contract through which agreement through which the assistance
Federal assistance is provided, and to provided to the recipient. (a) For the building construction oc-
is
such sanctions as are specified by 24 (b) Where the applicant or recipient cupatlons,the number o1 trainees or ap-
CFR Part 135. itself will perform all or part of the work prentices for each occupation shall be
� § 135.25 Bidding and negotiation ro- In connection with a section 3 covered
that number which can reasonably be
o quirements. project within the meaning of these utilized In each occupation on each phase
(1) Every applicant and recipient regulations, with either permanent or of a section 3 covered project and In no
shall require prospective contractors for temporary staff by force account, it will event shall that number be less than the
work in connection with section 3 cov- provide the Department with all forms number of trainees or apprentices deter-
ered projects to provide, prior to the and assurances required of a contractor mined pursuant td regulations Issued by
signing of the contract, a preliminary or subcontractor by these regulations the Secretary of Labor for each building
statement of work force needs (skilled, prior to the execution of any loan or construction occupation.
semiskilled, unskilled labor and trainees grant agreement or other contract or (b) For nonconstruction occupations
by category) where known: where not agreement through which assistance is or for any building construction occupa-
known, such information shall be sup- provided. tions for which ratios are not deter-
plied prior to the signing of any con- (c) Where the applicant, recipient or mined pursuant to regulation;of the Sec-
tract between contractors and their contractor sells, leases, transfers or retary of Labor, the number of trainees
subcontractors. otherwise conveys land upon which work for each occupation shall be that number
(b). When a bidding procedure is used In connection with a section 3 covered which can reasonably be utilized in each
to let the contract, the invitation or project within the meaning of these reg- occupation on each phase of a section 3
solicitation for bids shall advise prospec- ulations is to be performed (for exam- covered project.The applicant,recipient,
tive contractors of the requirements of pie, under the Urban Renewal or Neigh- contractor, or subcontractor shall ini-
these regulations. When the contract Is borhood Development program),it shall tially determine the maximum number
let pursuant to negotiation or methods other than formal bidding procedures, include in each contract or subcontract of trainees for each occupation and sub-
prospective contractors shall be advised for work on such land a clause requiring mit that determination along wish Its
by the contracting party of the require- the purchaser, lessee, or redeveloper to justification to the Department.
Published by THE BUREAU OF NATIONAL AFFAIRS, INC., WASHrNGTON, D.C. 20037 59
90:1554 HOUSING & DEVELOPMENT REPORTER
§ 135.50 Good faith effort. unskilled labor, needed to perform each 1135.55(d) employment positions in its
(a) Each applicant,recipient,contrac- phase of the section 3 covered project; organization immediately prior to under-
tor,or subcontractor seeking to establish (b) Identifying of the positions identi- taking work pursuant to a section 3 cov-
that a good faith effort as required by fled in paragraph (a) of this section.the ered contract shall set forth evidence
1 135.40 has been made to fill all train- number of positions in the various oc- acceptable to the Secretary that its ac-
ing positions with lower income area rest- cupational categories which are cur- tions were not an attempt to circumvent
dents shall.as a minimum,set forth evi- rently occupied by regular, permanent these regulations.
dence acceptable to the Secretary that employees; (c) When lower Income resident
It has: (c) Identifying, of . the positions workers apply,either on their own initla-
(1) Ascertained from the Department's identified In paragraph (a) of this sec- tive or on referral from any source, the
Regional Administrator, Area Office Di- tion,the number of positions in the vari- recipient, contractor, or subcontractor
rector, or FHA Insuring Office Director Ous Occupational categories which are shall determine the qualifications of such
having jurisdiction over the section 3 not currently occupied by regular, per- persons and shall employ such persons
covered project, the boundaries of the manent employees; If their qualifications are satisfactory
section 3 covered project area; and (d) Establishing. of the positions and the contractor has openings. If the
(2) Attempted to recruit from the ap- identified in paragraph (c) of this see- recipient, contractor, or subcontractor
propriate areas the necessary number of t1on, a goal which Is consistent with the is unable to employ the workers, such
lower income residents through: Local Purpose of this subpart within each oc- persons shall be listed for the first avall-
advertising media, signs placed at the cupational category of the number of able opening.
proposed site for the project, and com- Positions to be filled by lower income 138 FR 29221, Oct. 23. 1973. 38 PR 31968.
munity organizations and public or pri- residents of the section 3 covered project Nov.20.19731
vate Institutions operating within or area; and
p (e) Making a rood faith effort to fill Subpart DorUtilization of a i
serving the project area such as Ser:•ice cased in or Owned In Substantiantiall by Pa Part by
Employment and Redevelopment (SER), all of the positions identified in Para- Persons Residing In the Area
Opportunities Industrialization Center graph (d) of this section with lower in-
(OIC),Urban League,Concentrated Em- come project area residents. § 135.65 General.
ployment Program, or the U.S. Employ- (38 FR 29221, Oct. 23, 1973; 38 FR 31968, Each applicant, recipient, contractor.
went Service. Nov.20,19731 or subcontractor undertaking work on a
(3) Maintained a list of all lower in- § 135.60 Good faith effort. section 3 covered project shall assure
come area residents who have applied (a) Each applicant,recipient,contest- that to the>;reatest extent feasible, con-
either on their own or on referral from tor,or subcontractor seeking to establish e for work to be performed in con-
any source, and employ such persons. If that a good faith effort as required by auctiction with the project are awarded to
otherwise eligible and if a trainee va- paragraph (e) of 1135.55 has been made business concerns located within the sec-
otherwise exists. If the contractor has no to fill all employment positions identified tion 3 covered project area or business
vacancies, the applicant, if otherwise in paragraph (d) of 1135.55 with lower concerns owned In substantial part by
eligible,shall be listed for the first avail- income project area residents shall, as a Persons residing in the section 3 covered
able vacancy. minimum, set forth evidence shall, as a area. The Department, In consultation
(b) Any applicant, recipient, contest- to the Secretary that it has; with
the Small Business Administration
tor, or subcontractor which rills vacant (l) Ascertained from the Department's will establish for the section 3 covered
1 135.45 apprentice or trainee positions Regional Administrator, Area Office Di- project area a registry of definition
con-
in its organization Immediately prior to rector, or FHA Insuring Office Director terns in which meet the d . oa con-
having jurisdiction over the section 3 ��� ¢ 135.5(b) and ((c)finc). Each ap-
unaertaking work pursuant to a section 3 pllcant, recipient, contractor, or sub-
con
covered project shall set forth evidence covered project the boundaries of. the tractor undertaking work Sa connec-
acceptable to the Secretary that its ac- section 3 covered project area;and tionon with a section 3 covered project shall
tions were not an attempt to circumvent (2) Attempted to recruit from the ap- fulfill his obligations to utilize business
these regulations. Propriate areas the necessary number of lower income residents through: Local concerns located within or owned in sub-
stantial part by persons residing in the
Subpart C—Utilization of Lower Income advertising media, signs placed at the section 3 covered project area by develop-
Area Residents as Employees proposed site for the project, and com-
§ 135.55 General. munity organizations and public or pri- ing and implementing an affirmative ac-
vate Institutions operating within or tion plan.
Each applicant, recipient, contractor serving the project area such as Project § 135.70 Development of an affirmative
or subcontractor undertaking work In Area Committees (PAC) in urban re- action plam
connection with a section 3 covered prof-• newal areas,Model Cities citizen advisory In developing an affirmative action
ect shall fulfill his obligation to utilize boards. Service Employment and Rede- plan, each applicant, recipient, con-
Iower income project area residents as velopment (SER), Opportunities Indus- tractor, and subcontractor preparing to
employees to the greatest extent feasible trialization Center (OIC),Urban League, undertake work pursuant to a section 3
by: Concentrated Employment Program, or covered contract shall:
(a) Identifying the number of posi- the U.S.Employment Service. (a) Set forth the approximate number
tions in the various occupational cate- (b) Any applicant, recipient, contrac- and dollar value of all contracts proposed
gories Including skilled, semiskilled, and tor, or subcontractor which fills vacant to be awarded to all businesses within
Published by THE BUREAU OF NATIONAL AFFAIRS, INC., WASHINGTON, D.C. 20037 60
EQUAL OPPORTUNITY AND SITE SELECTION 90:1555
HDR RF-89
7-18-77
each category (type or profession) over utilization goals, and their affirmative under Subparts B. C. and D of this part,
the duration of the section 3 covered pro- action plans for accomplishing their respectively,to utilize lower income proj-
ject in question. goals, and in evaluating each bid, to ect area residents as trainees or em-
(b) Analyze the information set forth determine its responsiveness, carefully ployees on section 3 covered projects, and
in paragraph (a) of this section and the evaluate the bidders' submission to de- to award contracts to business concerns
availability of eligible business concerns termine whether the affirmative action located in, or owned in substantial part
within the project area doing business plan proposed will accomplish the stated by residents oi,section 3 covered project
in professions or occupations identified goals. areas by presenting evidence satisfactory
as needed In paragraph (a) of this sec- (h) Where advantageous, seek the as- to the Secretary that he is a cooperating
tion, and set forth a goal or target num- sistance of local officials of the Depart- participant in a federally assisted or
ber and estimated dollar amount of con- ment in preparing and implementing the other public program approved by the
tracts to be awarded to the eligible buss- affirmative action plan. Department of Housing and Urban De-
nesses and entrepreneurs within each (1) In implementing Its affirmative ac- velopment which provides training, em-
category over the duration of the section Lion plan. each applicant,recipient, con- ployment. and/or business opportunities
3 covered project, tractor, or subcontractor shall make a to lower income persons and business
(c) Outline the anticipated program good faith effort to achieve its goal or concerns which meet the definition In
to be used to achieve the goals for each target number and estimated dollar 1 135.5 (b) and (c). The Secretary shall,
business and/or professional category amount of contracts to be awarded to from time to time, make public a list
Identified. This program should include the eligible businesses and entrepre- of those training, employment, and/or
but not be limited to the following ac- neurs within each category over the business opportunity programs approved
bons: duration of the section 3 covered project. by the Department.
(1) Insertion in the bid documents, if Each applicant, recipient, contractor, or Subpart F---Grievance and Compliance
any,of the affm irative action plan of the subcontractor seeking to establish that Review
applicant, recipient, contractor, or sub- a good faith effort has been made to
contractor letting the contract; and implement its affirmative action plan, as § 135.80 Who mad file grievance.
(2) Identification within the bid docu- required by this paragraph, shall as a Any lower income resident of the proj-
ment, i1 any, of the applicable section 3 minimum, set forth evidence acceptable ect area, for himself or as a representa-
project area.. to the Secretary that it has implemented five of persons similarly situated, seek-
(d) Indicate the anticipated process the steps required by paragraphs (c). Ing employment or training opportuni-
and steps which have been taken and/or (d), (e), (f), (g), and (h) of this section ties with an applicant, recipient, con-
will be taken to secure the cooperation of and has ascertained from the Depart- tractor,or subcontractor,or any business
contractors, subcontractors, and unions ment's Regional Administrator, Area concern located in, or owned in sub-
in meeting the goals and carrying out the Office Director, or FEA Office Director stantial part by persons residing within
affirmative action plan developed pursu- having jurisdiction over the section 3 a project area seeking contract oppor-
ant to this subpart. covered project, the boundaries of the tunities from any applicant, recipient,
Take steps to insure that the ap- section 3 covered project area, if avail- contractor, or subcontractor,for itself or
(e) e business concerns included is able, and attempted to recruit from the as a representative of persons or firms
pr(e)
the Department's registry for the section appropriate areas the necessary eligible similarly situated, may personally or by
3 covered project area are notified of business concerns through: Local ad- an authorized representative file a griev-
ontractual opportunities either vertlaing media.signs placed at the pro- ante alleging noncompliance with sec-
pending c pOded site for the project; and commun- tion 3, these regulations, or obligations
personally
or through locally utilized applicants, recipients, con- ity organizations and public or private undertaken pursuant thereto.
media.
tractors and subcontractors which so Institutions operating was P j serving 135.85 Content of e.ance filings.
notify concerns Included in the Depart- the Project area such as Project Area § gri
moat's registry of available contracts and Committees (PAC) in urban renewal (a) The grievance should include: (1)
of opportunities to submit bids shall sat- areas, Model Cities citizen advisory The name and address of the grievant,
a requirements of this Part for boards, Service Employment and Rede- (2) the name and address of the griev-
Isfy all re isfY al of business concerns located velopment (SER), Opportunities Indus- ant's business, if applicable. (3) the
notwithin the section 3 covered project area trialization Center(OIC),Urban League, name and address o1 the applicant, re-
wit business concerns owned project
sub- Concentrated Employment Program, or cipient, contractor, or subcontractor (in
st d business
ial part by persons residing In the the U.S. Employment Service, as well as this subpart called "respondent"). (4)
stadia 3 covered persons
project area the Chamber of Commerce and any a description of the acts or omissions giv-
<ti Take steps to insure that contracts equivalent organizations in the section ing rise to the grievance, and (5) the
which are typically let e a negotiated 3 covered project area, corrective action sought.
Subpart
In-
rather than a bid basis is areas other Subt E—Participation In Approved (b) Where a grievance contains in-
Programs complete information, the Secretary
than section 3 covered project areas,are shall seek promptly the needed informa-
also let on a negotiated basis, whenever § 135.75 Participation as evidence of tion from the grievant.In the event such
feasible, when let in a section 3 covered compliance with section 3 require• information is not furnished to the Sea-
project area. . menta6 retary within sixty (60) days of the date
(9) Where competitive bids are solic- Any applicant,recipient,contractor,or of such request, the grievance may be
ited. require the bidders to submit their subcontractor may ful1A1 his obligations closed-
Published by THE BUREAU OF NATIONAL AFFAIRS, INC., WASHINGTON, D.C. 20037 C1
90:1556 HOUSING & DEVELOPMENT REPORTER
$ 13S.90 Form of grievance filings. (e) Any party adversely affected by a $ 135.110 Hearings.
Each grievance shall be in writing and determination under paragraph (b) or (a) Whenever a hearing Is requested.
signed. (c) of this section may,within 5 days of reasonable notice shall be given by regis-
o receipt of a notice of determination, re- tered or certified mail, return receipt re-
$ 135.9S Place of filing. quest that the Secretary reconsider his
A grievance may be filed by mailing it action. Such request for reconsideration quested, the parties. This notice shall
to the Assistant Secretary for Equal Op- will be granted only on the basis of addl- advise thea parties the action proposed
tional material evidence not previously to be taken, the specific provision under
Dortunity. Department of Housing and available to the party requesting recon- which the proposed action Is to be tak-
Urban Development, Washington, D.C. en, and the matters of fact or law as-
20410.or by presenting it at any Regional slderation or for other good cause shown.
Office, Area Office, or FHA Insuring Of- (1) If the Secretary decides to resolve sorted a. the basis for this action I
a grievance, he shall endeavor to elimi- addition,it shall either(1) fix a date not
ace of the Department. Any employee less than 20 days after the date of such
of the Department receiving a griev- nate or correct the matters com- notice within which the parties may re-
ance shall forward the same directly plained of In the grievance by informal quest of the Secretary that the matter be
to the Assistant Secretary for Equal methods conference, conciliation. and scheduled for hearing or (2) advise th.
Opportunity. Persuasion.
parties that the matter in question has
(g) In conciliating a grievance, the been set down for hearing at a stated
$ I35.100 Time of filing. Secretary shall attempt to achieve a Just time and place. The time and place so
A grievance must be filed not later resolution of the grievance including (1) fixed shall be subject to change for cause.
than ninety (90) days from the date of specific relief for the grievant, (2) at- The requesting party may waive a hear-
the action (or omission) upon which the firmative actions by the respondent to ing and in lieu thereof submit written
grievance is based, unless the time for relieve the effects of past violation and information and argument for the rec-
flling Is extended by the Secretary upon preclude the occurrence of future viola- ord. The failure of the requesting party
good cause shown. tion, and (3) appropriate reporting re- to appear at a bearing for which a date
$ 135.105 Processing of grievance fil- quirements. Notice of a proposed (III- has been set shall be deemed to be a
ings. position of a grievance and of the terms waiver of the right to a hearing and con-
of a proposed settlement, if any, shall sent to the making of a decision on the
(a) Upon receipt of a grievance a copy be given to the parties, or their repre- basis of such information as is available.
thereof shall be furnished the respond- sentatives, by the Secretary, in writing. (b) Hearings shall be held in or near
ent by certified mail or through personal If satisfactory, the proposed settlement the section 3 covered project area in
sorvice. shall be signed by the grievant and the question, or at such other location as
(b) The Secretary shall conduct an respondent or their representatives and will serve the convenience of parties and
Investigation of each grievance filed,and approved by the Secretary. The Secre- witnesses, at a time fixed by the Secre-
shall give notice in writing to the griev- tary may.from time to time,review com- ry Hearings shall be held before the
ant and the respondent as to whether he Planate with the terms of any settlement Secretary or, at his discretion, before a
intends to resolve it. agreement and may, upon a finding of hearing examiner designated in accord-
(c) Notwithstanding paragraphs (a) noncompliance, reopen the grievance or ante with 5 U.S.C. 3105 and 3344.
and (b) of this section,where the allega- take such enforcement action as is pro- (c) In all proceedings under this sec-
tions of a grievance on their face. or as vided for under the settlement agree-
meat tali,the respondent and grievant,if any,by the statements of the griev- or as map otherwise be appropriate, shall have the right to be represented by
ant, disclose that the grievance Is not (h) Should a respondent fall or re- counsel.
timely filed or otherwise falls to state a fuse to confer with the Secretary or fall (d) The hearing, decision, and any
valid claim for relief under these regale- or refuse to make a good faith effort to administrative review thereof shall be
valid any other authority within the resolve the grievance, or should the Sec- conducted in conformity with 5 U.S.C.
retary find for arty other reason that 554-557, and In accordance with such
Jurisdiction of the Department, the Sec- voluntary agreement Is not likely to re- rules of procedure issued by HUD as are
rotary may dismida the grievance with- sult, the Secretary may terminate his
out further action. To the extent that efforts to conciliate the dispute- In the proper relating to the conduct of the
Executive Order 11246 relating to Equal latter event the parties shall be notified hearing, the issuance of notice except
Opportunity In Employment applies to promptly, In writing, that ouch efforts that provided in paragraph (a) of this
the subject matter of the grievance, the have been unswritinfttL section,the taking of testimony,exhibits,
arguments,and briefs,requests for find-
procedures required by applicable regu- (1) If the Department is unable to ob- ings, and other related matters. HUD,
lations implementing that order shall be tain voluntary compliance, the Secre- the respondent,and the grievant,if any,
followed. tarp shall advise the grievant and the shall be entitled to introduce all relevant
(d) If the Secretary decides not to parties In writing of his proposed redo- evidence on the issues as stated in the
resolve a grievance,or to dismiss it under lution of the grievance. Such resolution notice of hearing or.as determined by
Paragraph (c) of this section. he shall shall become final and binding on the the officer conducting the hearing at the
advise the grievant o1 the disposition of parties, unless within 15 days after the outset of or during the hearing.
his grievance. Respondent shall also be receipt of notification, either party files (a) Technical rules of evidence shall
notified in any case where he has been with the Secretary a written request for not apply to hearings conducted pursu-
served with a copy of the grievance. a hearing on the matter. ant to this paragraph but rules or prin-
Published by THE BUREAU OF NATIONAL AFFAIRS, INC., WASHINGTON, D.C. 20037 62
EQUAL OPPORTUNITY AND SITE SELECTION 90:1557
HDR RF-89
7-18-77
1 ciples designed to assure production o1 given in writing to the respondent, and i 13s.los(g). Compliance reviews may
i the most credible evidence available and to the grievant by certified or registered be conducted prior to award of contracts
to subject testimony to test by cross-ex- mall, return receipt requested. in any case where the Secretary has
amination shall be applied where deemed (h) Whenever a hearing is waived reasonable grounds based on a substan-
reasonably necessary by the officer con- pursuant to paragraph (a) of this sec- tial grievance, the Department's own
ducting the hearing. The hearing officer tion, a decision shall be made by the investigation, or other substantial evi-
may exclude irrelevant, immaterial, or Secretary on the record and a copy of dence, to believe that the applicant, re-
unduly repetitious evidence. Ali docu- such decision shall be given in writing cipient. contractor, or subcontractor will
ments and other evidence offered or taken to the respondent, and to the grievant, be unable or unwilling to comply with
for the record shall be open to exami- by certified or registered mail,return re- section 3 and the provisions of this part.
nation by the Department of Housing ceipt requested. Subpart G--Miscellaneous
and'Urban Development,the respondent, (i) Each decision of a hearing exam-
and the grievant, if any, and opportu- finer or the Secretary shall set forth his § 135.120 Reporting and recurdkeep►ng.
city shall be given to refute facts and ruling on each finding, conclusion, or In order to Insure that the Secretary
arguments advanced on either side of exception presented, and shall identify is kept informed of the progress being
the issues. A transcript shall be made the requirement or requirements of sec- made by the applicant, recipient, con-
of the oral evidence except to the extent tion 3 of the Housing and 'Urban De- tractor, and subcontractor in meeting
the substance thereof is stipulated for velopment Act of 1968 or the regulations their obligations under these regulations,
the record. All decisions shall be based which the respondent has not complied each applicant,recipient,contractor,and
upon the hearing record and written with. subcontractor is required to:
findings shall be made. (j) The final decision may contain (a) Maintain such records and ac-
(f) If the hearing is held by a hear- such terms, conditions, and other provi- counts and furnish such information and
ing examiner, he shall either render an stons as are consistent with, and will reports as are required by the Secretary
Initial decision, if so authorized, or effectuate the purposes of section 3 and under these regulations or pursucuit
certify the entire record, including his these regulations. The decision may also thereto a-rid permit the Secretary access
recommended findings and proposed de- include provisions designed to ample- to books, records, and premises for pur-
cision to the Secretary for a Anal deci- ment, maintain, and enforce sanctions poses of investigation in connection with
sion. A copy of such initial decision or set forth in ; 135.135 until the respond- a grievance or to ascertain compliance
certification shall be mailed to the re- ent corrects its noncompliance and with these regulations or the rules and
spondent and the grievant, or their satisfies the Secretary that it will fully orders of the Department issued there-
representative, by certified or registered comply with section 3 and these regu- under.
mail, return receipt requested. Where lations. (b) Advise the secretary within 15
the initial decision Is made by the hear- (k) The General Counsel shall repre- days of the award of any contract under
Ing examiner,the respondent or grievant sent the Department and shall receive a section 3 covered project of the steps
may within 30 days of the mailing of copies of all notices, decisions and other which have been and will be taken to
such notice of initial decision Ale with documents which are forwarded to the comply with the requirements of Sub-
the Secretary exceptions to the initial parties. parts B,C,and D of this part.
decision, with reasons therefor. In the (1) The applicant or recipient.1f not a
absence of exception, the Secretary may party, shall be invited to participate in § 135.125 Implementing procedures and
an his own motion, within 45 days after the hearing and shall receive copies of instructions.
the initial decision, serve on the re- all notices, decisions, and other docu- All regulations, procedures, and cir-
spondent and grievant, a notice that he ments which are forwarded to the culars previously issued by the Depart-
will review the decision. 'Upon the =9 parties. ment designed or purporting to imple-
of such exceptions or of such notice of § 135.115 Compliance reviews and pro- meat the provisions of section 3 are re-
review, the Secretary shall review the cedurea.
initial decision and issue his own de- yoked and superseded by this part.Hand-
cisioa thereon including the reasons in order to determine whether the re- book MC 3160.1 entitled Model Cities
Re-
therefor. If no exception is taken or sponsibilities imposed upon him by sec- Resident Employment and Training Re-
notice r. review Issued, the initial de- tion 3 and these regulations are being quirements, is superseded to the extent
none shall constitute the final decision properly carried out, the Secretary shall that Handbook MC 3160.1 applies to oc-
ci the Secretary. periodically conduct section 3 compli- cupations related to housing and urban
(g) Whenever a record Is certified to ance reviews of selected applicants, re- development including the field of con-
the Secretary for decision or he reviews cipients,contractors,and subcontractors. struction, design, architecture,mortgage
the decision of a hearing examiner pur- A compliance review shall consist of a banking,rehabilitation,maintenance,re-
suant to paragraph (f) of this section, comprehensive analysis and evaluation pair and housing management.
or whenever the Secretary conducts the of each aspect of the aforementioned § 135.130 Labor standards.
hearing, the respondent and grievant section 3 policies, and conditions result-
shall be given reasonable opportunity to ing therefrom. Where deficiencies are 11 labor standards applicable by stat-
Ale briefs or other written statements found to exist, reasonable efforts shall utc, regulations, or other administrative
of their contentions, and a copy of the be made to secure compliance through issuance shall apply to section 3 covered
Anal decision of the Secretary shall be the conciliation process set forth In projects.
Published by THE BUREAU OF NATIONAL AFFAIRS, INC., WASHINGTON, D.C. 20037 63
90:1558 HOUSING & DEVELOPMENT REPORTER
§ 13S.135 Sanctions• eral assistance to the project is provided, of Justice for appropriate legal proceed-
Failure or refusal to comply and give shall be applied in accordance with the ings.
satisfactory assurances of future compl- relevant regulations. Any or all of the
ance with the requirements of this part following actions may be taken, as ap- § 135.140 Effective data
shall be proper basis for applying sanc- propriate: cancellation, termination, or This part shall become effective on
dons. Such sanctions as are specified suspension in whole or in part of the November 23, 1973,and shall apply to all
by the grant or loan agreement or con- contract or agreement; a determination applications for assistance filed with
tract through which Federal assistance of ineligibility or debarment from any HUD on or after the effective date of this
is provided, as well as such sanctions as further assistance or contracts under the part.However,nothing In this part shall
are specified by the rules,regulations,or program with respect to which the fail- affect requirements already imposed on
applicable policy of the Department of ure or refusal occurred until satisfactory applicants, recipients and contractors,
Housing and Urban Development gov- assurance of future compliance has been and subcontractors pursuant to section
erning the program under which Fed- received,and referral to the Department 1.
Published by THE BUREAU OF NATIONAL AFFAIRS, INC., WASHINGTON, D.C. 20037 64
Right of reproduction and redistribution reserved
Equal Employment Opportunity �
Executive Order 11246 As Amended
By Executive Order 11375
U.S. Department of Labor
Employment Standards Administration
Office of Federal Contract Compliance Programs
OFCCP-µ
Novemcer !975
Lender and by virtue of the authority vested in me as President of the United
States. it is ordered as follows:
I
PART I—NONDISCRIMINATION IN GOVERNMENT EMPLOYMENVT '
PART II—NONDISCRIMINATION IN EMPLOYMENT BY GOVERNMENT
CONTRACTORS AND SUBCONTRACTORS
Subpart A—Duties of the Secretary of Labor
SEC. 201. The Secretary of Labor shall be responsible for the administration
of parts II and III of this order and shall adopt such rules and regulations and
issue such orders as he deems necessary and appropriate to achieve the
purposes thereof.
Subpart B—Contractors'Agreements
SEC. 202. Except in contracts exempted in accordance with section 204 of
this order, all Government contracting agencies shall include in every Govern-
ment contract hereafter entered into the following provisions:
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
by the contracting officer setting forth the provisions of this nondiscrimination. clause.'
(21 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 `3y the agency contracting officer. advisuig the labor union or
workers' representative of the contractor's commitments under section 202 of Execu-
tive Order No. 1I246 of September 24. 1965, 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 No. 11246 of
September 24. 1965.and of the rules.regulations, and relevant orders of the Secretary
of Labor.
'Sacs 101 througb lo5 of pt.1 of Executive Order 11246 dealing with discrimmation in Federal employment were superseded
b� Esecuts"Order 11476. Executive Order 11476, which is concerned exclusively with Government employment, expanded
ronnderalik the obligation of the Governmeot 1tseU to undertake apual employment opportunity within its own orgenuauon.
U utvve Order 11478 was signed by President Richard Nixon on Aug.6.low.
Se' 202. paragraphs III and 12) and sec. 203, subset. (d) were emended by Executms Order 11375 to eocompesa asx
disc nirmst.on Executive Order 11375 woo signed by President Lyndon B.Johnson on Sept.24.19E5.
'IbiC
1
(5) The contractor will furnish all information and reports required by Executive
Order No. 11246 of September 24. 1965.and by the rules.regulations,and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records.
and accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules.regulations,and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of such 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 in accordance with procedures
authorized in Executive Order No. 11246 of September 24. 1965. and such other
sanctions may be imposed and remedies involved as provided in Executive Order No.
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 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 No. 11246
of September 24. 1965.so that such provisions will be binding upon each subcontractor
or vendor. The contractor will take such action with respect to any subcontract or
purchase order as the contracting agency may direct as a means of enforcing such
provisions including sanctions for noncompliance: Provided, however, That in the
event the contractor becomes involved in, or threatened with, litigation with a
subcontractor or vendor as a result of such direction by the contracting agency, the
contractor may request the United States to enter into such litigation to protect the
interests of the United States.
SEC. 203. (a) Each contractor having a contract containing the provisions
prescribed in section 202 shall file, and shall cause each of his subcontractors
to file, compliance reports with the contracting agency or the Secretary of
Labor as may be directed. Compliance reports shall be filed within such times
and shall contain such information as to the practices, policies, programs, and
employment policies, programs, and employment statistics of the contractor
and each subcontractor, and shall be in such form, as the Secretary of Labor
may prescribe.
(b) Bidders or prospective contractors or subcontractors may be required
to state whether they have participated in any previous contract subject to the
provisions of this order, or any preceding similar executive order, and in that
event to submit, on behalf of themselves and their proposed subcontractors,
compliance reports prior to or as an initial part of their bid or negotiation of a
contract.
(c) Whenever the contractor or subcontractor has a collective bargaining
agreement or other contract or understanding with a labor union or an agency
referring workers or providing or supervising apprenticeship or training for
such workers, the compliance report shall include such information as to such
labor union's or agency's practices and policies affecting compliance as the
Secretary of Labor may prescribe: Provided, That to the extent such informa-
tion is within the exclusive possession of a labor union or an agency referring
workers or providing or supervising apprenticeship or training and such labor
union or agency shall refuse to furnish such information to the contractor, the
contractor shall so certify to the contracting agency as part of its compliance
report and shall set forth what efforts he has made to obtain such information.
(d) The contracting agency or the Secretary of Labor may direct that any
bidder or prospective contractor or subcontractor shall submit, as part of his
compliance report, a statement in writing, signed by an authorized officer or
agent on behalf of any labor union or agency referring workers or providing or
supervising apprenticeship or other training, with which the bidder or prospec-
tive contractor deals, with supporting information, to the effect that the signer's
2
practices and policies do not discriminate on the grounds of race, color,
religion, sex, or national origin, and that the signer either will affirmatively
cooperate in the implementation of the policy and provisions of this order or
that it consents and agrees that recruitment, employment, and the terms and
conditions of employment under the proposed contract shall be in accordance
with the purposes and provisions of the order. In the event that the union, or
the agency, shall refuse to execute such a statement, the compliance report
shall so certify and set forth what efforts have been made to secure such a
statement and such additional factual material as the contracting agency or the
Secretary of Labor may require.'
SEC. 204. The Secretary of Labor may, when he deems that special
circumstances in the national interest so require, exempt a contracting agency
from the requirement of including any or all of the provisions of section 202 of
this order in any specific contract, subcontract, or purchase order. The
Secretary of Labor may, by rule or regulation, also exempt certain classes of
contracts, subcontracts. or purchase orders: (i) whenever work is to be or has
been performed outside the United States and no recruitment of workers within
the limits of the United States is involved; (2) for standard commercial supplies
or raw materials; (3) involving less than specified amounts of money or specified
numbers of workers; or (4) to the extent that they involve subcontracts below a
specified tier. The Secretary of Labor may also provide, by rule, regulation, or
order, for the exemption of facilities of a contractor which are in all respects
separate and distinct from activities of the contractor related to the perform-
ance of the contract: Provided. That such an exemption will not interfere with
or impede the effectuation of the purposes of this order: And provided further,
That in the absence of such an exemption all facilities shall be covered by the
provisions of this order.
Subpart C—Powers and Duties of the Secretary of Labor and the Contracting
Agencies
SEC. 205. Each contracting agency shall be primarily responsible for
obtaining compliance with the rules, regulations, and orders of the Secretary of
Labor with respect to contracts entered into by such agency or its contractors.
All contracting agencies shall comply with the rules of the Secretary of Labor in
discharging their primary responsibility for securing compliance with the
provisions of contracts and otherwise with the terms of this order and of the
rules, regulations, and orders of the Secretary of Labor issued pursuant to this
order. Thev are directed to cooperate with the Secretary of Labor and to
furnish the Secretary of Labor such information and assistance as he may
require in the performance of his functions under this order. Thev are further
directed to appoint or designate, from among the agency's personnel, compl-
ance officers. It shall be the duty of such officers to seek compliance with the
objectives of this order by conference, conciliation, mediation, or persuasion.
SEC. 206. (a) The Secretary of Labor may investigate the employment
practices of any Government contractor or subcontractor, or initiate such
investigation by the appropriate contracting agency, to determine whether or
not the contractural provisions specified in section 202 of this order have been
violated. Such investigation shall be conducted in accordance with the proce-
dures established by the Secretary of Labor and the investigating agency shall
report to the Secretary of Labor any action taken or recommended.
Na. 3
(b) The Secretary of Labor may receive and investigate or cause to be
investigated complaints by employees or prospective employees of a Govern-
ment contractor or subcontractor which allege discrimination contrary to the
contractural provisions specified in section 202 of this order. If this investiga-
tion is conducted for the Secretary of Labor by a contracting agency, that
agency shall report to the Secretary what action has been taken or is
recommended with regard to such complaints.
SEC. 207. The Secretary of Labor shall use his best efforts, directly and
through contracting agencies. other interested Federal, State, and local
agencies, contractors, and all other available instrumentalities to cause any
labor union engaged in work under Government contracts or any agency
referring workers or providing or supervising apprenticeship or training for or
in the course of such work to cooperate in the implementation of the purposes
of this order. The Secretary of Labor shall, in appropriate cases, notify the
Equal Employment Opportunity Commission. the Department of justice, or other
appropriate Federal agencies whenever it has reason to believe that the
practices of any such labor organization or agency violate Titles VI or VII of the
Civil Rights Act of 1964 or other provision of Federal law.
SEC. 208. (a) The Secretary of Labor, or any agency, officer, or employee
in the executive branch of the Government designated by rule, regulation, or
order of the Secretary, may hold such hearings, public or private, as the
Secretary may deem advisable for compliance, enforcement, or educational
purposes.
(b) The Secretary of Labor may hold, or cause to be held, hearings in
accordance with subsection (a) of this section prior to imposing. ordering, or
recommending the imposition of penalties and sanctions under this order. No
order for debarment of any contractor from further Government contracts
under section 209(a)(6) shall be made without affording the contractor an
opportunity for a hearing.
Subpart D—Sanctions and Penalties
SEC. 209. (a) In accordance with such rules, regulations, or orders as the
Secretary of Labor may issue or adopt, the Secretary or the appropriate
contracting agency may:
(1) Publish. or cause to be published. the names of contractors or unions
which it has concluded have complied or have failed to comply with the
provisions of this order or of the rules, regulations, and orders of the Secretary
of Labor. .
(2) Recommend to the Department of Justice that. in cases in which there is
substantial or material violation or the threat of substantial or material
violation of the contractual provisions set forth in section 202 of this order,
appropriate proceedings be brought to enforce those provisions, including the
enjoining, within the limitations of applicable law, of organizations, individ-
uals, or groups who prevent directly or indirectly, or seek to prevent directly or
indirectly, compliance with the provisions of this order.
(3) Recommend to the Equal Employment Opportunity Commission or the
Department of justice that appropriate proceedings be instituted under Title VII
of the Civil Rights Act of 1964.
(4) Recommend to the Department of Justice that criminal proceedings be
brought for the furnishing of false information to any contracting agency or to
4
the Secretary of Labor as the case may be.
(5) Cancel, terminate, suspend, or cause to be cancelled, terminated, or
suspended any contract, or any portion or portions thereof, for failure of the
contractor or subcontractor to comply with the nondiscrimination provisions of
the contract. Contracts may be cancelled, terminated, or suspended absolutely
or continuance of contracts may be conditioned upon a program for future
compliance approved by the contracting agency.
(6) Provide that any contracting agency shall refrain from entering into
further contracts, or extensions or other modifications of existing contracts,
with any noncomplying contractor, until such contractor has satisfied the
Secretary of Labor that such contractor has established and will carry out
personnel and employment policies in compliance with the provisions of this
order.
(b) Under rules and regulations prescribed by the Secretary of Labor, each
contracting agency shall make reasonable efforts within a reasonable time
limitation to secure compliance with the contract provisions of this order by
methods of conference, conciliation, mediation, and persuasion before proceed-
ings shall be instituted under subsection (a)(2) of this section , or before a
contract shall be cancelled or terminated in whole or part under subsection
(a)(5) of this section for failure of a contractor or subcontractor to comply with
the contract provisions of this order.
SEC. 210. Any contracting agency taking any action authorized by this
subpart, whether on its own motion, or as directed by the Secretary of Labor,
or under the rules and regulations of the Secretary, shall promptly notify the
Secretary of such action. Whenever the Secretary of Labor makes a determina-
tion under this section, he shall promptly notify the appropriate contracting
agency of the action recommended. The agency shall take such action and shall
report the results thereof to the Secretary of Labor within such time as the
Secretary shall specify.
SEC. 211. If the Secretary shall so direct, contracting agencies shall not
enter into contracts with any bidder or prospective contractor unless the bidder
or prospective contractor has satisfactorily complied with the provisions of this
order or submits a program for compliance acceptable to the Secretary of
Labor or, if the Secretary so authorizes, to the contracting agency.
SEC. 212. Whenever a contracting agency cancels or terminates a con-
tract, or whenever a contractor has been debarred from further Government
contracts, under section 204(a)(6) because of noncompliance with the contract
provisions with regard to nondiscrimination, the Secretary of Labor, or the
contracting agency involved, shall promptly notify the Comptroller General of
the United States. Any such debarment may be rescinded by the Secretary of
Labor or by the contracting agency which imposed the sanction.
Subpart E—Certificates of Merit
SEC. 213. The Secretary of Labor may provide for issuance of a U.S. Gov-
ernment certificate of merit to employers or labor unions, or other agencies
which are or may hereafter be engaged in work under Government contracts, if
the Secretary is satisfied that the personnel and employment practices of the
employer, or that the personnel, training, apprenticeship, membership, griev-
ance and representation, upgrading, and other practices and policies of the
labor union or other agency conform to the purposes and provisions of this
order.
5
SEC. 214. Any certificate of merit may at any time be suspended or revoked
by the Secretary of Labor if the holder thereof, in the judgment of the Secretary.
has failed to comply with the provisions of this order.
SEC. 215. The Secretary of Labor may provide for the exemption of any
employer, labor union, or other agency from any reporting requirements
imposed under or pursuant to this order if such employer, labor union, or other
agency has been awarded a certificate of merit which has not been suspended
or revoked.
PART III—NONDISCRINUNATION PROVISIONS IN FEDERALLY
ASSISTED CONSTRUCTION CONTRACTS
SEC. 301. Each executive department and agency which administers a pro-
gram involving Federal financial assistance shall require as a condition for the
approval of any grant, contract, loan, insurance, or guarantee thereunder,
which may involve a construction contract, that the applicant for Federal
assistance undertake and agree to incorporate, or cause to be incorporated.
into all construction contracts 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 such grant, contract. loan, insurance, or guarantee,
or undertaken pursuant to any Federal program involving such grant, contract,
loan, insurance, or guarantee, the provisions prescribed for Government
contracts by section 202 of this order or such modification thereof, preserving
in substance the contractor's obligations thereunder, as may be approved by
the Secretary of Labor, together with such additional provisions as the
Secretary deems appropriate to establish and protect the interest of the United
States in the enforcement of those obligations. Each such applicant shall also
undertake and agree: (1) to assist and cooperate actively with the administer-
ing department or agency and the Secretary of Labor in obtaining the
compliance of contractors and subcontractors with those contract provisions
and with the rules, regulations, and relevant orders of the Secretary: (2) to
obtain and to furnish to the administering department or agency and to the
Secretary of Labor such information as they may require for the supervision of
such compliance; (3) to carry out sanctions and penalties for violation of such
obligations imposed upon contractors and subcontractors by the Secretary of
Labor or the administering department or agency pursuant to part H. subpart
D, of this order; and (4) to refrain from entering into any contract subject to this
order, or extension or other modification of such a contract with a contractor
debarred from Government contracts under part H. subpart D. of this order.
SEC. 302. (a) "Construction contract" as used in this order means any
contract for the construction, rehabilitation, alteration, conversion, extension,
or repair of buildings, highways, or other improvements to real property.
(b) The provisions of part II of this order shall apply to such construction
contracts, and for purposes of such application, the administering department
or agency shall be considered the contracting agency referred to therein.
(c) The term "applicant" as used in this order means an applicant for
Federal assistance or, as determined by agency regulation, other program
participant. with respect to whom an application for any grant, contract, loan,
insurance, or guarantee is not finally acted upon prior to the effective date of
this part.and it includes such an applicant after he becomes a recipient of such
Federal assistance.
6
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SEC. 303 (a) Each administering department and agency shall be respon-
sible for obtaining the compliance of such applicants with their undertakings
under this order. Each administering department and agency is directed to
cooperate with the Secretary of Labor, and to furnish the Secretary such
information and assistance as he may require in the performance of his
functions under this order.
(b) In the event an applicant fails and refuses to comply with his under-
takings, the administering department or agency may take any or all of the
following actions: (1) cancel, terminate, or suspend in whole or in part the
agreement, contract, or other arrangement with such applicant with respect to
which the failure and refusal occurred. (2) refrain from extending any further
assistance to the applicant under the program with respect to which the failure
or refusal occurred until satisfactory assurance of future compliance has been
received from such applicant, and (3) refer the case to the Department of
Justice for appropriate legal proceedings.
(c) Any action with respect to an applicant pursuant to subsection (b) shall
be taken in conformity with section 602 of the Civil Rights Act of 1964 (and the
regulations of the administering department or agency issued thereunder), to
the extent applicable. In no case shall action be taken with respect to an
applicant pursuant to clause (1) or (2) of subsection (b) without notice and
opportunity for hearing before the administering department or agency.
SEC. 304. Any executive department or agency which imposes by rule,
regulation, or order requirements of nondiscrimination in employment, other
than requirements imposed pursuant to this order, may delegate to the
Secretary of Labor by agreement such responsibilities with respect to compli-
ance standards, reports, and procedures as would tend to bring the administra-
tion of such requirements into conformity with the administration of require-
ments imposed under this order: Provided, That actions to effect compliance by
recipients of Federal financial assistance with requirements imposed pursuant
to Title VI of the Civil Rights Act of 1964 shall be taken in conformity with the
procedures and limitations prescribed in section 602 thereof and the regula-
tions of the administering department or agency issued thereunder.
PART IV—MISCELLANEOUS
SEC. 401. The Secretary of Labor may delegate to any officer, agency, or
employee in the executive branch of the Government. any function or duty of the
Secretary under parts II and III of this order, except authority to promulgate
rules and regulations of a general nature.
SEC. 402. The Secretary of Labor shall provide administrative support for
the execution of the program known as the "Plans of Progress."
SEC. 403. (a) Executive Orders Nos. 10590 (Jan. 18, 1955), 10722 (Aug. 5,
1957). 10925 (Mar. 6, 1961). 11114 (June 22. 1963). and 11162 (July 28, 1964). are
hereby superseded and the President's Committee on Equal Employment
Opportunity established by Executive Order No. 10925 is hereby abolished. All
records and property in the custody of the committee shall be transferred to the
Civil Service Commission and the Secretary of Labor, as appropriate.
(b) Nothing in this order shall be deemed to relieve any person of any
obligation assumed or imposed under or pursuant to any executive order
superseded by this order. All rules, regulations, orders, instructions, designa-
7
tions, and other directives issued by the President's Committee on Equal
Employment Opportunity and those issued by the heads of various departments
or agencies under or pursuant to any of the executive orders superseded by this
order, shall, to the extent that they are not inconsistent with this order, remain
in full force and effect unless and until revoked or superseded by appropriate
authority. References in such directives to provisions of the superseded orders
shall be deemed to be references to the comparable provisions of this order.
SEC. 404. The General Services Administration shall take appropriate
action to revise the standard Government contract forms to accord with the
provisions of this order and of the rules and regulations of the Secretary of
Labor.
SEC. 405. This order shall become effective 30 days after the date of this
order.
LYNDON B. JOHNSON
THE WHITE HOUSE
September 24, 1965
8
5 :,OtLW.'1C.5�.Pn➢7.AG orncz:1975-261-017/36
MCI
Federal Labor Standards Provisions U.S. Department of Housing t/i\and Urban Development i r
Applicability
The Project or Program to which the construction work covered by this HUD or its designee shall refer the questions,including the views of all
contract pertains is being assisted by the United States of America and the interested parties and the recommendation of HUD or its designee.to the
following Federal Labor Standards Provisions are included in this Contract Administrator for determination.The Administrator,or an authorized repre-
pursuant to the provisions applicable to such Federal assistance. sentative,will issue a determination within 30 days of receipt and so advise
A.1.(7 Minimum Wages.All laborers and mechanics employed or work- HUD or its designee or will notify HUD or its designee within the 30-day
ing upon the site of the work(or under the United States Housing Act of period that additional time is necessary.(Approved by the Office of Man-
1937 or under the Housing Act of 1949 in the construction or development agement and
The Budget under
OMB Control mberr 1215-0140.)
where appropriate)
of the project),will be paid unconditionally and not less often than once a (d) wage r (including 9e benefits
week,and without subsequent deduction or rebate on any account(except determined pursuant to subparagraphs(1)(b)or(c)of this paragraph,shall
such payroll deductions as are permitted by regulations issued by the be paid to all workers performing work in the classification under this con-
Secretary of Labor under the Copeland Act(29 CFR Part 3),the full amount tract from the first day on which work is performed in the classification.
of wages and bona fide fringe benefits(or cash equivalents thereof)due at (iii)Whenever the minimum wage rate prescribed in the contract for a
time of payment computed at rates not less than those contained in the class of laborers or mechanics includes a fringe benefit which is not
wage determination of the Secretary of Labor which is attached hereto and expressed as an hourly rate,the contractor shall either pay the benefit as
made a part hereof,regardless of any contractural relationship which may stated in the wage determination or shall pay another bona fide fringe
be alleged to exist between the contractor and such laborers and benefit or an hourly cash equivalent thereof.
mechanics.Contributions made or costs reasonably anticipated for bona (iv)If the contractor does not make payments to a trustee or other third
fide fringe benefits under Section 1(b)(2)of the Davis-Bacon Act on behalf person,the contractor may consider as part of the::ages of any laborer c.r
of laborers or mechanics are considered wages paid to such laborers or mechanic the amount of any costs reasonably anticipated in providing
mechanics,subject to the provisions of 29 CFR-5.5(a)(1)(iv);also,regular bona fide fringe benefits under a plan or program,Provided,That the
contributions made or costs incurred for more than a weekly period(but Secretary of Labor has found,upon the written request of the contractor,
not less often than quarterly)under plans,funds,or programs,which cover that the applicable standards of the Davis-Bacon Act have been met The
the particular weekly period,are deemed to be constructively made or Secretary of Labor may require the contractor to set aside in a separate
incurred during such weekly period. account assets for the meeting of obligations under the plan or program.
Such laborers and mechanics shall be paid the appropriate wage rate (Approved by the Office of Management and Budget under OMB Control
and fringe benefits on the wage determination for the classification of work Number 1215-0140.)
actually performed,without regard to skill,except as provided in 29 CFR 2.Withholding.HUD or its designee shall upon its own action or upon
Part 5.5(a)(4).Laborers or mechanics performing work in more than one written request of an authorized representative of the Department of Labor
classification may be compensated at the rate specified for each classifica- withhold or cause to be withheld from the contractor under this contract or
tion for the time actually worked therein:Provided,That the employer's pay- any other Federal contract with the same prime contractor,or any other
roll records accurately set forth the time spent in each classification in Federally-assisted contract subject to Davis-Bacon prevailing wage
which work is performed.The wage determination(including any additional requirements,which is held by the same prime contractor so much of the
classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii)and accrued payments or advances as may be considered necessary to pay
the Davis-Bacon poster(WH-1321)shall be posted at all times by the con- laborers and mechanics,including apprentices,trainees and helpers,
tractor and its subcontractors at the site of the work in a prominent and employed by the contractor or any subcontractor the full amount of wages
accessible,place where it can be easily seen by the workers. required by the contract In the event of failure to pay any laborer or
fill (a)Any class of laborers or mechanics which is not listed in the mechanic,including any apprentice,trainee or helper,employed or working
wage determination and which is to be employed under the contract shall on the site of the work(or under the United States Housing Act of 1937 or
be classified in conformance with the wage determination.HUD shall under the Housing Act of 1949 in the construction or development of the
approve an additional classification and wage rate and fringe benefits project),all or part of the wages required by the contract HUD or its desig-
therefore only when the following criteria have been met nee may,after written notice to the contractor,sponsor,applica-it or owner,
(1)The work to be performed by the classification requested is not take such action as may be necessary to cause the suspension of any
performed by a classification in the wage determination;and further payment,advance,or guarantee of funds until such violations have
(2)The classification is utilized in the area by the construction ceased.HUD or its designee may,after written notice to the contractor,dis-
industry,and burse such amounts withheld for and on account of the contractor or sub-
(3)The proposed wage rate,including any bona fide fringe bene- contractor to the respective employees to whom they are due.The Comp-
fits,bears a reasonable relationship to the wage rates contained in the troller General shall make such disbursements in the case of direct
wage determination. Davis-Bacon Act contracts.
(b)If the contractor and the laborers and mechanics to be employed 3.(i)Payrolls and basic records.Payrolls and basic records relating
in the classification(if known),or their representatives,and HUD or its thereto shall be maintained by the contractor during the course of the work
designee agree on the classification and wage rate(including the amount preserved for a period of three years thereafter for all laborers and
designated for fringe benefits where appropriate),a report of the action mechanics working at the site of the work(or under the United States
taken shall be sent by HUD or its designee to the Administrator of the Wage Housing Act of 1937,or under the Housing Act of 1949,in the construction
and Hour Division,Employment Standards Administration,U.S.Department or development of the project).Such records shall contain the name,
of Labor,Washington,D.C.20210.The Administrator,or an authorized address,and social security number of each such worker,his or her cor-
representative,will approve,modify,or disapprove every additional classifi- rect classification,hourly rates of wages paid(including rates of contribu-
cation action within 30 days of receipt and so advise HUD or its designee tions or costs anticipated for bona fide fringe benefits or cash equivalents
or will notify HUD or its designee within the 30-day period that additional thereof of the types described in Section 1(b)(2)(8)of the Davis-b:con Act),
time is necessary.(Approved by the Office of Management and Budget daily and weekly number of hours worked,deductions made and actual
under OMB control number 1215-0140.) wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5
(c)in the event the contractor,the laborers or mechanics to be (a)(1)(iv)that the wages of any laborer or mechanic include the amount of
employed in the classification or their representatives,and HUD or its any costs reasonably anticipated in providing benefits under a plan or pro-
designee do not agree on the proposed classification and wage rate gram described in Section 1(b)(2)(B)of the Davis-Bacon Act the contractor
(including the amount designated for fringe benefits,where appropriate), shall maintain records which show that the commitment to provide such
HUD-4010(2-84)
Previous Edition is Obsolete (HB 1344.1)
benefits is enforceable,that the plan or program is financially responsible, apprentice.The allowable ratio of apprentices to journeymen on the job site
mmunicated in writing rmitted to the
and that the plan or program has been co iting to the in any craft classification shall not be greater than the ratio aram.An
laborers or mechanics affected,and records which show the costs antici- contractor as to the entire work force under the registered program. Y
yro
paled or the actual cost incurred in providing such benefits.ms shalactors worker maintain or o he listed
sel at an apprentice wage r e mployaed as stated above,snail be paid not less than the
ate,who is not ered
employing apprentices or trainees under approved programs we
written evidence of the registration of apprenticeship programs
and trainees, work actually ell age rate on t neaddrtioneany apprentice perfuming work on
cation of trainee Programs,the registration of he apprentices
Y
and the ratios and wage rates prescribed in the applicable programs. the job site in excess of the ratio permitted under the registered program
shall be ate on the wage determi-
(Approved by the Office of Management and Budget under OMB Control nation or the work a applicable aid not less than the
c ually perfo med.Where arcontractor is performing
Numbers 1215-0140 and 1215-0017.)
(ii)(a)The contractor shall submit weekly for each week in which any construction on a project in a locality other than that in which its program is
contract work is performed a copy of all payrolls to HUD or its designee if registered,the ratios and wage rates(expressed in percentages of the jour-
the agency is a party to the contract,but if the agency is not such a party, neyman's hourly rate)specified in the contractor's
or subcontracto be paid r' negis
the contractor will submit the payrolls to the applicant sponsor,or owner, tered program shall be observed.Every app
renctice as the case may be,for transmission to HUD or its designee.The payrolls less than the rate specified in the registered program for the apprentice's
submitted shall set out accurately and completely all of the information level f of
pro
he applicable eewage determi d as a percentage aeon.Approf the ent es shall berneymen t paid
ly te
required to be maintained under 29 CFR Part 5.5(a)(3)(i).This information spec' t the
may be submitted in any form desired.Optional Form WH-347 is available fringe benefits in acorancwith th the am provisions o sn specify fprprgetbenef'its,
for this purpose and may be purchased from the Superintendent of Docu- program.If the apprenticeship P 9
ments(Federal Stock Number 029-005-00014-1),U.S.Government Printing apprentices must be paid the full amount of fringe benefits listed on the
Office,Washington,DC.20402.The prime contractor is responsible for the wage determination for the applicable classification.If the Administrator
submission of copies of payrolls by all subcontractors.(Approved by the class determines that
haringes shall be pad inrevails for accordanceewitth applicable
determination.In
Office of Management and Budget under OMB Control Number
the event the Bureau of Apprenticeship and Trainir;,or a State Appren-
1215-0149.)
(b)Each payroll submitted shall be accompanied by a"Statement of ticeship Agency recognized by the Bureau,withdraws approval o an
Compliance,'signed by the contractor or subcontractor or his or her agent apprenticeship program,the contractor will no longer be permitted to utilize
who pays or supervises the payment of the persons employed under the apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
contract and shalt certify the following:
(1)That the payroll for the payroll period contains the information (ii)Trainees.Except as provided in 29 CFR 5.16,trainees will not be
required to be maintained under 29 CFR Part 5.5(a)(3)()and that such permitted to work at less than the predetermined rate for the work per-
information is correct and complete; formed unless they are employed pursuant to and individually registered in
(2)That each laborer or mechanic(including each helper, a program which has received prior approval,evidenced by formal certifi-
apprentice,and trainee employed on the contract during the payroll period cation by the U.S.Department of Labor,Employment and Training Admink
has been paid the full weekly wages earned,without rebate,either directly stration. ratio of trainees to journeymen on the job site shall not be
The
or indirectly,and that no deductions have been made either directly or indi- greater than permitted under the plan approved by the Employment and
trainee must be paid at not less than the rate
rectty from the full wages earned,other than pemissable deductions as set Training Administration.Every
forth in 29 CFR Part 3; specified in the approved program for the trainee's level of progress,
(3)That each laborer or mechanic has been paid not less than the expressed as a percentage of the journeyman hourly rate specified in the
applicable wage rates and fringe benefits or cash equivalents for the clas- applicable wage determination.Trainees shall be paid fringe benefits in
sication of work performed,as specified in the applicable wage determina- accordance
oes not h thementi provisions
fringe of the
tra pees progshallram.
I paid the tuthe e pro
ll
lion incorporated into the contract gram
(c)The weekly submission of a properly executed certification set amount of fringe benefits listed on the wage determination unless the
forth on the reverse side of Optional Form WH-347 shall satisfy the Administrator of the Wage and Hour Division determines that there is an
requirement for submission of the"Statement of Compliance"required by apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full
paragraph A 3.(ii)(b)of this section.
(d)The falsification of any of the above certifications may subject the fringe benefits for apprentices.Any employee listed on the payroll at a
contractor or subcontractor to civil or criminal prosecution under Section trainee rate who is not registered and participating in a training plan
1001 of Title 18 and Section 231 of Title 31 of the United States Code. approved by the Employment and Training Administration shall be paid not
(ii)The contractor or subcontractor shall make the records required less than the applicable wage ate on the wage determination for the work
under paragraph A.3.(i)of this section available for inspection,copying,or actually performed.In addition,any trainee performing work on the job site
transcription by authorized representatives of HUD or its designee or the in excess of the ratio permitted under the registered program shall be paid
Department of Labor,and shall permit such representatives to interview not less than the applicable wage rate on the wage determination for the
employees during working hours on the job.If the contractor or subcon- work actually performed.In the event the Employment and Training Admin-
tractor fails to submit the required records or to make them available,HUD istation withdraws approval of a training program,the contractor will no
or its designee may,after written notice to the contactor,sponsor,appli- longer be permitted to utilize trainees at less than the applicable predeter-
mined rate for the work performed until an acceptable program is
cant or owner,take such action as may be necessary to cause the sus- approved.
pension of any further payment,advance,or guarantee of funds.Further- to Equal employment opportunity.The utilization of apprentices.
more,failure to submit the required records upon request or to make such trainees and journeymen under this part shall be in conformity with the
records available may be grounds for debarment action pursuant to 29
CFR Part 5.12. equal employment opportunity requirements of Executive Order 11246,as
ended,and 29 CFR Part 30.
4.()Apprentices and Trainees am
Apprentices.Apprentices will per- 5.Compliance with Copeland Act requirements.The contractor shall
miffed to work at less than the predetermined ate for the work theyey per-
formed when they are employed pursuant to and individually registered in a comply with the requirements of 29 CFR Part 3 which are incorporated by
bona fide apprenticeship program registered with the U.S.Department of reference in this contract
Labor,Employment and Training Administration,Bureau of Apprenticeship S.Subcontracts.The contractor or subcontractor will insert in any sub-
and Training,or with a State Apprenticeship Agency recognized by the contracts the clauses contained in 29 CFR 5.5(a)(1)through(10)and such
Bureau,or if a person is employed in his or her first 90 days of probationary other clauses as HUD or its designee may by appropriate instructions
employment as an apprentice in such an apprenticeship program,who is require,and also a clause requiring the subcontractors to include these
not individually registered in the program,but who has been certified by the clauses in any lower tier subcontracts.The prime contractor shall be
Bureau of Apprenticeship and Training or a State Apprenticeship Agency responsible for the compliance by any subcontractor or lower tier subcon-
(where appropriate)to be eligible for probationary employment as an
tractor with all the contract clauses in 29 CFR Part 5.5.
HUD-4010 (2-84)
7.Contracte termination;debarment A breach of the contract clauses in pensation at a rate not less than one and one-half times the basic rate of
29 CFR 5.5 may be grounds for termination of the contract and for debar- pay for all hours worked in excess of eight hours in any calendar day or in
ment as a contractor and a subcontractor as provided in 29 CFR 5.12. excess of forty hours in such workweek,whichever is greater.
8.Compliance with Davis-Bacon and Related Act Requirements.All rul- (2)Violation;liability for unpaid wages;liquidated damages.In the
ings and interpretations of the Davis-Bacon and Related Acts contained in event of any violation of the clause set forth in subparagraph(1)of this
29 CFR Parts 1,3,and 5 are herein incorporated by reference in this paragraph,the contractor and any subcontractor responsible therefor shall
contract be liable for the unpaid wages.In addition,such contractor and subcon-
9.Disputes concerning labor standards.Disputes arising out of the labor tractor shall be liable to the United States(in the case of work done under
standards provisions of this contract shall not be subject to the general contract for the District of Columbia or a territory,to such District or to such
disputes clause of this contract Such disputes shall be resolved in accor- territory),for liquidated damages.Such liquidated damages shall be com-
dance with the procedures of the Department of labor set forth in 29 CFR puted with respect to each individual laborer or mechanic,including
Parts 5,6,and 7.Disputes within the meaning of this clause include dis- watchmen and guards,employed in violation of the clause set forth in sub-
putes between the contractor(or any of its subcontractors)and HUD or its paragraph(1)of this paragraph,in the sum of S10 for each calendar day on
designee,the U.S.Department of Labor,or the employees or their which such individual was required or permitted to work in excess of eight
representatives. hours or in excess of the standard workweek of forty hours without pay-
10.(i)Certification of Eligibility.By entering into this contract the con- ment of the overtime wages required by the clause set forth in subpara-
tractor certifies that neither it(nor he or she)nor any person or firm who graph(1)of this paragraph.
has an interest in the contractor's firm is a person or firm ineligible to be (3)Withholding for unpaid wages and liquidated damages. HUD or its
awarded Government contracts by virtue of Section 3(a)of the Davis- designee shall upon its own action or upon written request of an autho-
Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or partici- rized representative of the Department of Labor withhold or cause to be
withheld,from any moneys payable on account of work performed by the
pate in HUD programs pursuant to 24 CFR Part 24.
(ii)No part of this contract shall be subcontracted to any person or firm contractor or subcontractor under any such contract or any other Federal
ineligible for award of a Government contract by virtue of Section 3(a)of contract with the same primecontract or any other Federally-assisted con-
the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts tract subject to the Contract Work Hours and Safety Standards Act which
or participate in HUD programs pursuant to 24 CFR Part 24. is held by the same prime contractor such sums as may be determined to
(iii)The penalty for making false statements is prescribed in the U.S. be necessary to satisfy any liabilities of such contractor or subcontractor
Criminal Code,18 U.S.C.1001.Additionally,U.S.Crimnal Code,Section for unpaid wages and liquidated damages as provided in the clause set
1010,Title 18,U.S.C.,"Federal Housing Administration transactions",pro- forth in subparagraph(2)of this paragraph.
vides in part"Whoever,for the purpose of. . .influencing in any way the (4)Subcontracts.The contractor or subcontractor shall insert in any
action of such Administration. . . makes,utters or publishes any statement, subcontracts the clauses set forth in subparagraph(1)through(4)of this
knowing the same to be false. . . shall be fined not more than 55,000 or paragraph and also a clause requiring the subcontractors to include these
imprisoned not more than two years,or both." clauses in any lower tier subcontracts.The prime contractor shall be
11.Complaints,Proceedings,or Testimony by Employees.No laborer or responsible for compliance by any subcontractor or lower tier subcontrac-
mechanic to whom the wage,salary,or other labor standards provisions of for with the clauses set forth in subparagraphs(1)through(4)of this
this Contract are applicable shall be discharged or in any other manner paragraph.
discriminated against by the Contractor or any subcontractor because such C.Health and Safety
employee has filed any complaint or instituted or caused to be instituted (1)No laborer or mechanic shall be required to work in surroundings
any proceeding or has testified or is about to testify in any proceeding or under working conditions which are unsanitary,hazardous,or danger-
under or relating to the labor standards applicable under this Contract to ous to his health and safety as determined under construction safety and
health standards promulgated by the Secretary of Labor by regulation.
his employer.
B Contract Work Hours and Safety Standards Act As used in this para- (2)The Contractor shall comply with all regulations issued by the
graph,the terms'laborers'and"mechanics"include watchmen and Secretary of Labor pursuant to Title 29 Part 1926(formerly part 1518)and
guards. failure to comply may result in imposition of sanctions pursuant to the Con-
(1)Overtime requirements.No contractor or subcontractor contracting tract Work Hours and Safety Standards Act(Public Law 91-54,83 Stat 96).
for any part of the contract work which may require or involve the employ- (3)The Contractor shall include the provisions of this Article in every
ment of laborers or mechanics shall require or permit any such laborer or subcontract so that such provisions will be binding on each subcontractor.
mechanic in any workweek in which he or she is employed on such work The Contractor shall take such action with respect to any subcontract as
to work in excess of forty the Secretary of Housing and Urban Development or the Secretary of Labor
hours in such workweek unless such laborer or mechanic receives com- shall direct as a means of enforcing such provisions.
HUD-4010 (2-84)
DAVIS-BACON WAGE DETERMINATION FOR KING COUNTY
General Wage Determination No. WA 89-2. Supercedes Wage Decision No. WA 88-2.
Effective January 9, 1989
Modification No. 1, February 3, 1989
Construction Description: Building Projects
(Does not include single-family homes and
apartments up to and including 4 stories)
Basic
Hourly Fringe
CLASSIFICATION Rates Benefits TOTAL
Asbestos Workers 21.07 3.57 24.51
Boilermakers 19.67 4.50 24.17
Bricklayers: Area 2 19.12 3.17 22.29
Carpenters: Area 1
- Carpenters & Drywall Applicators 18.07 2.96 21.03
- Carpenters on Creosoted Material 18.17 2.96 21.13
- Sawfilers: Stationary Power Saw;
Floorfinisher; Floor Layer;
Shingler; Floor Sander & Other
Stationary Power Woodworking Tools 18.20 2.96 21.16
- Millwright and Machine Erector 18.57 2.96 21.53
- Piledrivers; Bridge; Dock and
Wharf Builders 18.27 2.96 21.23
- Drywall Acoustical Workers 18.01 2.96 20.97
Cement Masons: Area 2
- Cement Masons 18.41 3.45 21.86
- Composition, Color, Mastic, Trowel
Machines, Grinder, Power Tool,
Gunnite Nozzlemen 18.66 3.45 22.11
Electricians: Area 3
- Electricians 19.72 3.635+3% 23.95
- Cable Splicers 21.41 3.685+3% 25.77
Electronic Technician: Area 1 14.01 2.86 16.87
Elevator Mechanics: Area 2 20.08+a 4.77 24.85
Elevator Helpers
(70% of Journeyman Rate plus full fringes)
Probationary Helpers
(50% of Journeyman Rate, no fringes)
Glaziers: Area 2 16.99 2.68 19.67+b
Insulation Applicators 14.22 2.66 16.88
1
Basic
Hourly Fringe
CLASSIFICATION Rates Benefits TOTAL
Ironworkers 18.26 5.81 24.07
Laborers: Area 2
King County Reduced rates (See Footnote -c-)
Group 1 8.46 3.43 11.89
Group 2 10.78 3.43 14.21
Group 3 13.14 3.43 16.57
Group 4 13.55 3.43 16.98
Group 5 13.86 3.43 17.29
All other work not covered by Footnote "c"
8.46 3.43 11.89
Group 1
Group 2 10.78 3.43 14.21
Group 3 15.46 3.43 18.89
Group 4 15.94 3.43 19.37
Group 5 16.30 3.43 19.73
Landscape Construction:
- Laborers 8.46 3.30 11.76
- Plumbers 10.62 2.31 12.93
- Power Equipment Operators 11.18 3.80 14.98
Lathers: Area 1 17.91 3.06 20.97
Linemen 19.21 3.25+3.5% 23.13
Painters:
- General Painters 17.24 2.72 19.96
- Drywall Tapers 18.32 2.72 21.04
- Industrial Painter 17.64 2.72 20.36
Plasterers: Area 2 18.26 3.87 22.13
Plumbers: Area 4 19.25 7.24 26.49
Power Equipment Operators: Area 2
King County (on projects as described in Footnote -d", the rate for each group shall
be 85% of the base rate plus full fringe benefits
Group 1A 16.13 4.16 20.29
Group 1 15.71 4.16 19.87
Group 2 15.33 4.16 19.49
Group 3 15.03 4.16 19.19
Group 4 13.24 4.16 17.40
All other work not covered by Footnote -d"
Group 1A 18.98 4.16 23.14
Group 1 18.48 4.16 22.64
Group 2 18.04 4.16 22.20
Group 3 17.68 4.16 21.84
Group 4 15.58 4.16 19.74
2
Basic
Hourly Fringe
CLASSIFICATION Rates Benefits TOTAL
Roofers: Area 3
- Roofers, Waterproofers 18.85 2.57 21.42
- Slate and Tile Roofers 19.10 2.57 21.67
Sheet Metal Workers: Area 4 21.68 3.07+3% 25.40
Soft Floor Layers: Area 1 17.30 2.83 20.13
Sprinkler Fitters: Area 1 21.69 8.135 29.83
Terrazzo Workers; Tile Setters: Area 2 17.84 3.18 21.02
Tile Marble & Terrazzo Finishers 15.30 2.22 17.52
Truck Drivers:
On projects as described in Footnote "d",
the rate for each group shall be 85% of the
base rate plus full fringe benefits.
On all other work, the following rates apply:
Group 1 17.06 3.64 20.70
Group 2 17.11 3.64 20.75
Group 3 17.16 3.64 20.80
Group 4 17.27 3.64 20.91
5 17.33 3.64 20.97
Group
Group 5 17.37 3.64 21.01
Group 7 17.38 3.64 21.02
Group 8 17.44 3.64 21.08
Group 9 17.49 3.64 21.13
Group 10 17.51 3.64 21.15
Group 11 17.54 3.64 21.18
Group 12 17.64 3.64 21.28
Group 13 17.66 3.64 21.30
Group 14 17.70 3.64 21.34
Group 15 17.82 3.64 21.46
Group 16 17.86 3.64 21.50
Group 17 17.98 3.64 21.62
Group 18 18.03 3.64 21.67
Group 19 18.19 3.64 21.83
Group 20 18.35 3.64 2.1.99
Group 21 18.51 3.64 22.15
Group 22 12.00 3.64 15.64
Group 23 15.25 3.64 18.89
Welders receive rate prescribed for craft performing operation to which welding is
incidental.
3
FOOTNOTES:
a. Employer contributes 8% of basic hourly rate for over 5 years service and 6% for 6
months to 5 years service as vacation pay credit. Paid holidays: New Year's Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after
Thanksgiving, Christmas Day.
b. Two weeks vacation with pay after 1 year employment. Paid holidays: New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after
Thanksgiving, Christmas Day.
C. Reduced rates as indicated in the wage decision may be paid on projects which have
a total value of less than $3 million excluding the cost of electrical, mechanical,
and utilities. Utilities include sanitary and storm sewerage and facilities for
the delivery of water, electricity, gas, communications.
d. Reduced rates as indicated in the wage decision may be paid on the following:
1. Projects involving work on structures such as buildings and bridges whose
total value is less than $1.5 million excluding mechanical, electrical, and
utility portions of the contract. Utilities include sanitary and storm
sewerage and facilities for the delivery of water, gas, electricity, and com-
munications.
2. Projects of less than $1 million where no building is involved. Surfacing and
paving included, but utilities excluded.
3. Marine projects (docks, wharfs, etc.) less than $150,000.
GROUP DESCRIPTIONS
LABORERS (AREAS 1 and 2)
Group 1: Fence laborer, window washer, landscape.
Group 2: Batch weighman, crusher feeder, pilot car, toolroom man (at job site),
and flagmen
Group 3: General laborer: air, gas or electric vibrating screed; ballast regulator
machine; carpenter tender: chipping gun; chuck tender; concrete form
stripper: cement finisher tender; curing labor; demolition, wrecking and
moving including charred material, epoxy technician; gabian basket
builders; grinders; pot tender; powderman's tender; stake hopper; topman-
tailman; tugger operator
Group 4: Cement dumper-paving: Clary power spreader; concrete saw operator; faller
and bucker chain saw; grade checker; high scaler; jackhammer; manhole
builder; mortarman and hodcarrier: nozzleman (concrete pump, green cutter
when using combination of high pressure air and water on concrete and
rock, sandblast, gunnite, shotcrete) water blaster, pavement breaker:
pipe layer and caulker; pipe refiner (not insert type): railroad spike
puller (power): raker-asphalt; spreader (concrete); timberman-sewer
(lagger, shorer and cribber): track liner (power); tamper (multiple and
self-propelled); tamper and similar electric, air and gas operated tools;
vibrator: wagon driller and air track operator; well point laborer
Group 5: Caisson worker; miner: powderman: re-timberman
4
POWER EQUIPMENT OPERATORS (AREA 2)
Group 1A: Cranes, 100 tons and over or 200' of boom including jib and over;
loaders, 8 yards and over; shovels and attachments, 6 yards and over.
Group 1: Cableways, cranes, over 45 tons up to 100 tons or over 150' including
jib; rollagon; tower crane; helicopter, winch; remote control operator;
loader, overhead, 6 yards up to 8 yards; shovels, backhoes, over 3 yards
to 6 yards; slipform pavers; scrapers, self-propelled, 45 yards and over;
quad 9, HD 41, D-10
Group 2: Concrete batch plant operator; bump cutter; cranes, 20 tons through 45
tons: hydralifts; chippers; crushers; derrick; drilling machine;
finishing machine: loaders, overhead, under 6 yards; mechanics: mixers,
asphalt plant; motor patrol graders, finishing; pump truck mounted
concrete pump with boom attachment; piledriver operator; screed man; sho-
vels, backhoes, 3 yards and under; subgrader, trimmer; tractors. backhoe,
over 60 HP: scrapers, self-propelled, under 45 yards
Group 3: Brooms; dozers, D-9 and under; paydozers; a-frame crane; cranes up to 20
tons; conveyors; hoists, air tugger; loaders, elevating type; fork lifts;
motor patrol grader, non-finishing: mucking machine; concrete pumps;
roller, plant mix or multi-lift materials; saws, concrete; scrapers,
carryall; spreaders, blaw knox; trenching machines: equipment service-
engineer; oiler driver on truck cranes over 45 tons; tractor, backhoe, 60
HP and under
Group 4: Oiler driver on truck cranes, 34 tons and under; oil distributors,
blower; assistant engineers: pavement breaker; posthole digger, mechani-
cal; power plant; wheel tractors, farmall type; compressor; pumps, water;
rollers, other than plant mix, gradechecker and stakeman
TRUCK DRIVERS
Group 1: Leverman and loaders at bunkers and batch plants; swampers; and checkers
Group 2: Team drivers
Group 3: Bull lifts and similar equipment used in loading and unloading trucks,
transporting materials on job site (warehousing): dumpsters and similar
equipment (including Tournarockers, Tournawagon, Turnatrailer, Cat DW
series, Terra Cobra, LeTourneau, Westinghouse, Athey wagon, euclid, two
and four-wheeled power tractor with trailer and similar top-loaded equip-
ment transporting material: dump trucks, side, end and bottom dump,
including semi-trucks and trains or combinations thereof) - up to and in-
cluding 5 yards: Flatbed, single rea axle; fuel truck; grease truck;
greaser, battery service man and/or tire service man; scissor truck:
spreader, flaherty; tractor (small, rubber-tired); vacuum truck; water
wagon and tank trucks, up to 1,600 gallons: winch truck: single rear
axle; wrecker, tow truck and similar equipment
5
Group 4: Flatbed, dual rear axle
Group 5: Buggymobile; hyster operators: straddle carrier (Ross, Hyster, and similar
equipment); water wagon and tank trucks, 1,600 gallons to 3,000 gallons
Group 6: Transit-mix 0 to and including 4" yards
Group 7: Dumpsters and similar equipment (as listed in Group 3) - over 5
yards to and including 12 yards; explosive truck (field mix) and
similar equipment; lowbed and heavy duty trailer, under 50 tons
gross; road oil distributor driver; slurry truck; sno-go and
similar equipment; winch truck, dual rear axle.
Group 8: Dumpster and similar equipment (as listed in Group 3) - over 12
yards to and including 16 yards
Group 9: Bulk cement tanker; dumpsters and similar equipment (as listed in
Group 3) - over 16 yards to and including 20 yards: water wagon
and tank truck, over 3,000 gallons
Group 10: Bull lifts or similar equipment used in loading or unloading
trucks transporting materials on job site, other than warehousing
Group 11: Transit-mix, over 4 yards to and including 6 yards
Group 12: "A" frame or hydralift trucks or similar equipment
Group 13: Dumpster and similar equipment (as listed in Group 3) - over 20
yards to and including 30 yards: lowbed and heavy duty trailer,
over 50 tons gross to and including 100 tons gross
Group 14: Transit-mix, over 6 yards to and including 8 yards
Group 15: Dumpsters and similar equipment (as listed in Group 3) over 30
yds. to and including 40 yds.; lowbed and heavy duty trailer over
100 tons gross
Group 16: Transit-mix, over 8 yards to and including 10 yards
Group 17: Dumpsters and similar equipment (as listed in Group 3) - over 40
yards to and including 55 yards
Group 18: Transit-mix, over 10 yards to and including 12 yards
Group 19: Transit-mix, over 12 yards to and including 16 yards
Group 20: Transit-mix, over 16 yards to and including 20 yards
Group 21: Transit-mix, over 20 yards
Group 22: Escort or pilot car
Group 23: Flat bed (single rear axle); pickup truck
6
K:WAGE1
7
MSR122983 THE A'v1ERICAN INSTITUTE OF ARCHITECTS
These General Conditions (19 pages) are hereby made a
part of this Contract as though fully set forth herein.
They are available at the Architect' s office for
review. (Title page only has been included in "Bid-copy"
of the proposed Contract Documents.) The "total" Document
shall be incorporated into actual Construction Contract.
AlA Document A201
General Conditions of the Contract
for Construction
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION
WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS MODIFICATION
1976 EDITION
TABLE OF ARTICLES
1. CONTRACT DOCUMENTS 8. TIME
2. ARCHITECT 9. PAYINIENTS AND COMPLETION
10. PROTECTION OF PERSONS AND
3. OWNER PROPERTY
4. CONTRACTOR 11. INSURANCE
5. SUBCONTRACTORS 12. CHANGES IN THE WORK
6. WORK BY OWNER OR BY 13. UNCOVERING AND CORRECTION
SEPARATE CONTRACTORS OF WORK
7. MISCELLANEOUS PROVISIONS 14. TERMINATION OF THE CONTRACT
This document has been approved and endorsed by The .A�.sociated General Contractors of America.
Cutrvright 1911, ,915, 1918, 1915. 1917, 1951, 1958. 1901, 1963, 19on, 1`1'6-. 19:0, D 1.976 ov The \mencan Inslltute Oi 1rch1tects,
1:11 Nv Ynrk C).C. 20006. RCprodtmI „, ,tt :he mart•nal herein or suostanual quutatlon of its pro-
vnu>n, w11i ul pemi—mri „i the :CIA violates the WiAr?9:11 law. (jr :lie Unurd dates ano—il be wblect co!egai prosetuuon.
AlA OOCUM ENr.\201 GENEKAE CUNOI(IUNS OF rHE CONIRAC7 MR Ct)NSTKUCUION - nUKrEENrH EDITION -AUGUST 7976 A201_Z 9%6
AIA'- v t'I-h ML .\ntEKICAN INs"IUrE OF kKCmTECIS. I,IS VEw \()KK AVENUE. .V.W., lYASHINGTON. O.C. :WOb
MSR080685 SUPPLEMENTARY CONDITIONS
GENERAL CONDITIONS:
The "General Conditions of the Contract for Construction," AIA Document A201,
Thirteenth Edition, August 1976, Articles 1 through 14 inclusive, is a part of
this Contract, and is incorporated herein as fully as if here set forth.
SUPPLEMENTS:
The following Supplements modify, change, delete from or add to the "General
Conditions of the Contract for Construction," AIA Document A201, Thirteenth
Edition, August 1976. Where any Article of the General Conditions is modified
or deleted by these Supplements, the unaltered Provisions of that Article,
paragraph, Sub-paragraph or Clause shall remain in effect.
REFERENCE TO DIVISION 1
where provisions of General Conditions relate to project administrative or
work-related requirements of the Contract, those Paragraphs are deleted from
General Conditions, and are specified in Division 1, "General Requirements" of
the Specifications. The deleted Paragraphs are:
3.2.4 7.5 9.1 11.3.3
3.3.1 7.7 9.2 11.3.4
4.4 7.9.1 9.3.1 11.3.5
4.6 7.9.3 9.8.1 11.3.8
4.7 7.9.4 9.8.2 12.1.3
4.10 8.1.3 9.9.1 13.1.1
4.11 8.2.3 9.9.2 13.2.2
4.12 8.2.4 10.2.1 14.1.1
4.13 8.3.1 11.1.1 14.2.1
4.18.1 8.3.2 11.2.1
6.2.5 8.3.4 11.3.1
7.4.1 8.3.5 11.3.2
ARTICLE 3, OWNER
Para. 3.2.4 Change this subparagraph to read:
"Information or services under the Owner's control shall
be furnished by the Owner upon request with reasonable
promptness."
Para. 3.3.1
Strike the word "persistently" in the second line.
ORB 8929 page 1
bdl 4/24/89-1
MSR071686 SUPPLEMENTARY CONDITIONS
ARTICLE 4, COMMC TOR
Para. 4.4, Labor and Materials
Delete Para. No. 4.4, LABOR AND MATERIALS in its
entirety.
Refer to Specification Section 01010, SUMMARY OF WORK,
for provisions on this subject. References to Para. 4.4
elsewhere in the Contract Documents shall read as
referring to the above Section of the Specifications.
Para. 4.6, Taxes
Delete Para. No. 4.6, TAXES, in its entirety.
Refer to Specification Section 01010, SUMMARY OF WORK,
for provisions on this subject. References to Para. 4.6
elsewhere in the Contract Dociunents shall read as
referring to the above Section of the Specifications.
Para. 4.7, Permits, Fees and Notices
Delete Para. No. 4.7, PERMITS, FEES AND NOTICES, in its
entirety.
Refer to Specification Section 01010, SUMMARY OF WORK,
and Section 01080, APPLICABLE CODES, for provisions on
this subject. References to Para. 4.7 elsewhere in the
Contract Documents shall read as referring to the above
Section of the Specifications.
Para. 4.10, Procrress Schedule
Delete Para. No. 4.10, PROGRESS SCHEDULE, in its
entirety.
Refer to Specification Section 01300, SUBMITTALS, for
provisions on this subject. References to Para. 4.10
elsewhere in the Contract shall read as referring to the
above Section of the Specifications.
Para. 4.11, Documents and Samples at the Site
Delete Para. No. 4.11, DOCUMENTS AND SAMPLES AT THE SITE,
in its entirety.
Refer to Specification Section 01300, SUBMITEALS for
provisions on this subject. References to Para. 4.11
elsewhere in the Contract shall read as referring to the
above Section of the Specifications.
Para. 4.12, Shop Draw ncTs Project Data and Samples
Delete Para. No. 4.12, SHOP DRAWINGS, PRODUCT DATA AND
SAMPLES, in its entirety.
Refer to Specification Section 01300, SUBMITTALS, for
provisions on this subject. References to Para. 4.12
elsewhere in the Contract Documents shall read as
referring to the above Section of the Specifications.
ORB 8929 page 2
bdl 4/24/89-1
MSR071686 SUPPLEmENrARY CONDITIONS
Para 4113. Use of Site
Delete Para. No. 4.13, USE OF SITE, in its entirety.
Refer to Specification Section 01010, SUMMARY OF WORK,
for provisions on this subject. References to Para. 4.13
elsewhere in the Contract Documents shall .read as
referring to the above Section of the Specifications.
Para 4.18, Indenmification
Para.4.18.1 Change this subparagraph to refer to the
entire language contained on page 2, paragraph 5 of
Contract (City of Kent Form) contained in the M ERAL
REQUIREMENTS Section of this Specification.
ARTICLE 6 WORK BY OWNER OR BY SEPARATE CONTRACTORS
Para 6 2 Mutual Responsibilities
Para. 6.2.5
Change this subparagraph to read:
"Should the Contractor or any of its subcontractors cause
damage of any kind, including but not limited to delay,
to any separate contractor on the project, the Contractor
shall, upon due notice, promptly attempt to settle with
such separate contractor by agreement or otherwise to
resolve the dispute. The Contractor agrees to submit to
arbitration any unresolved dispute, in any amount, with
any separate contractor. The Owner or Architect shall
not be made party to such an arbitration. If such
separate contractor sues or initiates an arbitration
proceeding against the Owner on account of any damage
alleged to have been caused by the Contractor, the Owner
shall notify the Contractor who shall defend such
proceedings at the Contractor's expense. If any judgment
or award of any kind results against the Owner, whether
or not the Contractor, having been notified, defends the
proceedings, the Contractor shall satisfy it and shall
reimburse the Owner for all expenses, attorneys' fees,
and court or arbitration costs which the Owner incurred,
including actual cost expenditures in defense which may
not be costs allowed in court or arbitration."
ORB 8929 page 3
bdl 4/24/89-1
MSR071686 SUPPLEc=ARY CONDITIONS
ARTICLE 7, MISCELLANEOUS PROVISIONS
Para. 7.4, Claims for Damages
Para. 7.4.1 Add the following sentence."
"This paragraph has no applicability to damages for
delay."
Para. 7.5, Performance Bond and Labor and Materials
Payment Bond
For amplification concerning Public Works Contracts in
the State of Washington, refer to Special Conditions II
Public Projects (Washington State) .
Para. 7.7, Tests
Delete Para. 7.7, TESTS, in its entirety.
Refer to Specification Section 01400, QUALITY CONTROL AND
TESTING LABORATORY SERVICES for provisions on this
subject. References to Para. 7.7 elsewhere in the
Contract Documents shall read as referring to the above
Section of the Specifications.
Para. 7.9, Arbitration
Para. 7.9.1 Change the first sentence to read:
"Claims, disputes, and other matters in question between
the Contractor and the Owner, to the extent described in
subparagraph 7.9.4, arising out of . . . . ."
Para. 7.9.3 Change this subparagraph to read:
"The Contractor shall carry on the work and maintain the
progress schedule during any arbitration or litigation
proceedings, unless otherwise agreed by it and the Owner
in writing."
Para. 7.9.4 Add the following subparagraph:
"The arbitration requirement of subparagraphs 7.9.1 and
7.9.2 shall be mandatory only in the case of disputes
involving a total of less than $5,000, not including
alleged setoffs or counterclaims. No arbitration award
in excess of $5,000 may be made unless all parties
stipulate thereto. The Contractor agrees that the Owner
ORB 8929 page 4
bdl 4/24/89-1
MSR071686 SUPP7 EZU =Y CONDITIONS
may join the Contractor as a party to any arbitration
involving the project in any way. All disputes not
subject to arbitration shall be decided by litigation in
strict accordance with the time limits prescribed in the
Contract. If litigation is pending between the Owner and
the Contractor, the Contractor shall not initiate
arbitration for disputes under $5,000 unless the court in
which the litigation is pending refuses to consider the
Contractor's claim as a part of the litigation.
Arbitration shall also be available to either party for
the purpose of seeking a declaratory judgment regarding
termination before the fact."
ARTICLE 8, TIl"IE
Para. 8.1.2, Time
The signing of the construction contract shall serve as
the Notice to Proceed unless otherwise agreed to. The
time of beginning, rate of progress, and time of
completion are essential conditions of this Contract.
Para. 8.1.3 Change this subparagraph to read:
The date of SUBSTANTIAL COMPLETION of the Work or
designated portion thereof is the date certified by the
Architect and the Owner when the construction is
sufficiently complete, in accordance with the Contract
Documents, so the Owner may occupy the Work or designated
portion thereof for the use for which it is intended
without undue inconvenience. The fact that the Owner may
occupy the Work or designated portion threof does not
indicate that the Work is Substantially Completed, nor
does such occupation toll all or any portion of the
liquidated damages requirement."
Para 8.2.3 Add the following subparagraph:
"The Owner will incur serious and substantial special,
incidental and consequential damages if Substantial
Completion of the Work does not occur within the Contract
Time; however, it would be difficult if not impossible to
determine the exact amount of such damages.
Consequently, the Owner and Contractor agree that
liquidated damages in the amount of $200 per calendar day
is a reasonable approximation of the damages and are not
a penalty or forfeiture. The Owner's right to liquidated
damages is not affected by partial ccnnpletion, occupancy,
or beneficial occupancy."
ORB 8929 page 5
bdl 4/24/89-1
MSR071686 SUPPLEMENTARY CONDITIONS
Para. 8.2.4 Add the following subparagraph:
""The provisions in the Contract for liquidated damages
are intended to be in lieu of the liability of the
Contractor for special, incidental and consequential
damages (such as cost of capital and loss of profits, use
and revenue) sustained by the Owner but shall not relieve
or release the Contractor from liability for any and all
damage or damages suffered by the Owner due to other
breaches of the Contract or suffered by separate
contractors."
Para. 8.3. Delays and Extensions of Time
Para. 8.3.1 Amplify by adding the following:
It is expressly understood and agreed by and between the
Contractor and the Owner that the time for completion of
the work described herein is reasonable and acceptable
taking into account the average yearly climatic
conditions at the site of the work and recognizing that
inclement weather may temporarily stop work. For
purposes of establishing a basis for evaluating the
affect of inclement weather on this project and its
completion date, the Owner and Contractor agree that the
construction period stipulated herein allows for 15 lost
working days during the contract period due to such
inclement weather. For this purpose a lost working day
is defined as a regular 8-hour working day during which
the total work force on the project is reduced to less
than 25 percent of the average of the previous three days
of full force employment when unaffected by weather. For
each such lost working day exceeding the stated and
expected fifteen (15) , one day of time extension may be
added to the "Contract Completion Date." No adjustment
in completion date will be made if lost working days
total less than fifteen (15) .
Para. 8.3.2 Add the following sentence:
"That the owner or Architect may be aware of the
occurrence of the delay through means other than the
Contractor's written notification shall not bear upon the
above waiver."
Para. 8.3.4 Add the following sentence:
"The Contractor is excluded from the recovery of damages
for delay fran the Owner where such delay has not
actually been caused by the Owner. If the delay has been
caused by anyone other than the Owner, the Contractor may
not seek damages from the Owner but rather shall seek
damages directly fran the party responsible for the
delay. The Owner shall not be added as a party to any
such proceeding, whether in arbitration or litigation.
The Owner shall be entitled to recover all costs and fees
including attorney fees associated with the enforcement
of this provision.
ORB 8929 page 6
bdl 4/24/89-1
MSR071686 Y CONDITIONS
The Contract creates a right for the Contractor to
proceed against, or to be proceeded against by, any other
contractor for the purposes of resolving responsibility
and damages for delay."
Para. 8.3.5 Add the following subparagraph:
In the event the Contractor is entitled to damages for
delay, it is agreed that the Contractor's damages shall
in no event be greater than the Owner's daily liquidated
damage rate stated elsewhere in this Contract."
ARTICLE 9, PAYMENTS AND COMPLETION
Para. 9.1, Contract Sinn
9.1.1 Modify to include the following:
Refer also to Specification Section 01010, SUMMARY ARY OF
WORK, CONTRACTOR'S DUTIES, for provisions on this
subject.
Para. 9.2, Schedule of Values
Delete Para. 9.2, SQ- M= OF VALUES, in its entirety.
Refer to Specification Section 01300, SUBMITTALS, for
provisions on this subject. References to Para. 9.2
elsewhere in the Contract Documents shall read as
referring to the above Section of the Specifications.
Para. 9.3, Applications for Payment
9.3.1 Amplify by adding the following:
Provisions for payment to the Contractor shall be as
follows:
1) On or about the last day of each month the
Contractor shall file an APPLICATION FOR PAYMENT
with the Architect for partial payment due on Work
accomplished in the previous time period. Upon
receipt of the APPLICATION FOR PAYMENT by the Owner,
the Owner shall issue payment to the Contractor
within 30 calendar days. This partial payment shall
be governed by conditions of A=CLE 9 of the
GE4ERAL CONDITIONS; however, in addition, the Owner
shall retain a sum equal to five percent (5%) of
Work agreed upon as completed. See Section 01300,
SUBMITTALS, for SCHEDULE OF VALUES.
2) Refer to Special Conditions II for further
conditions concerning Public Works Contracts in the
State of Washington.
ORB 8929 page 7
bdl 4/24/89-1
MSR071686 SUPPLEMERrARY CONDITIONS
Para. 9.3.4 Add the following subparagraph:
"The following procedure shall be followed, in the
"off-site" storage of materials and equipment, in order
for the Contractor to receive payment for such materials
and eq j l mient.It
Para. 9.3.4.1 Add the following subparagraph:
"The Prime Contractor, or any subcontractor,' may at the
Prime Contractor's option, secure "off-site" warehouse
space for storage of his materials for this project,
providing:
a. The Contractor shall furnish to the Architect a
"Bill of Sale" or other such document to establish
the Owner's title to such materials or equipment.
b. The warehouse shall be bonded, acceptable to the
Owner and be structurally sound, dry, lighted and
suitable for the materials to be stored.
c. The warehouse shall be within the city limits of the
City within which the project is located, or within
a ten-mile radius of the project. Other locations
may be utilized, if approved in writing by the
Owner.
d. The warehouse and land upon which it is located
shall not be owned by the Contractor, or presently
used by the Contractor as a place of business.
e. The Contractor shall furnish the Owner a Certificate
of Insurance extending his insurance policy for
damage, fire, and theft to include the full value of
all materials stored, and while in transit.
f. The warehouse (or secure portion thereof) shall be
continuously under lock and key and only the
Contractor's authorized personnel shall have access.
g. The authorized representatives of the Owner and
Architect shall at all times have the right of
access in company of the Contractor, or his
authorized representative.
h. All conditions of the contract shall also apply to
the warehouse building and premises, as the
Contractor and his bonding company accepts total
responsibility.
ORB 8929 page 8
bdl 4/24/89-1
MSR071686 SUPPLEMENTARY CONDITIONS
i. Contractor shall furnish to the Architect,
"Certified Lists" of the materials stored, "Bills of
Lading," "Invoices," and other information as may be
required, and also notice when said materials are
moved from the warehouse to the construction site.
j. The Contractor shall furnish the Architect and Owner
a statement from his bonding company of
acknowledgement and consent to the inclusion of the
"off-site" storage as a part of the contractual and
bonding responsibilities."
Para. 9.3.4.2 Add the following subparagraph:
"Monthly applications for payment shall include a
detailed certificate of payment for materials stored
"off-site" in addition to detailed certificate of
payment for materials stored on job site."
Para. 9.3.4.3 Add the following subparagraph:
"Neither the Owner nor Architect's right of access or
the acceptance by them of certified lists of materials
stored, or payment for materials stored "off-site" shall
relieve the Contractor or his bonding company of any
responsibility under this contract, or shall such
actions imply liability on the part of the Owner or
Architect."
Para. 9.5.1 Delete Para. 9.5.1 in its entirety and
substitute in lieu therefore:
"Unsatisfactory prosecution of the Work by the
contractor, including but not limited to failure to
carry out the Work in accordance with the Contract
Documents.It
Para. 9.6.1.8
Add: "Delay by the Contractor and/or its
Subcontractor."
Para. 9.6.1.9
Add: "Liquidated damages."
Para 9.8 Substantial Completion
Delete Para. 9.8.1 and 9.8.2 in its entirety.
Refer to Specification Section 01700, PROJECT
AEMMSTRATION AND CLOSEOUT, for provisions on this
subject. References to Para. 9.8.1 and 9.8.2 elsewhere
in the Contract Documents shall read as referring to the
above Section of the Specifications.
ORB 8929 page 9
bdl 4/24/89-1
MSR071686 SUPPLEMENTARY CONDITIONS
Para 9 9 Final Completion and Final Payment
Delete Para. 9.9.1 and 9.9.2, in its entirety.
Refer to Specification Section 01700, PROTECT
ALN=STRATION AND CLOSEOUT for provisions on this
subject. References to Para. 9.9.1 and 9.9.2 elsewhere
in the Contract Documents shall read as referring to the
above Section of the Specifications.
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
Para 10 2, Safety of Persons and Prot�erty
10.2.1 Amplify by adding the following:
It shall be the responsibility of the Contractor to
comply with all requirements of the Occupational Safety
and Health Act of 1971 (OSHA) and the Washington
Industrial Safety and Health Act (WISHA) . The methods
of compliance with safety and health precautions are the
responsibility of the Contractor and are not shown on
the Contract Drawings or Specifications.
ARTICLE 11, INSURANCE
Para 11 1 Contractor's Liability Insurance
11.1.1 Amplify by inserting in the first line following
the word "maintain," the following words: . . . "in a
company or companies licensed to do business in the
state in which the Project is located."
Contractor's Liability Insurance Coverage and Limits
A. COMPREHENSIVE GENERAL LIABILITY INCLUDING:
Premises and Operations
Contractual Liability
Independent Contractors
Completed Operations and Products
For a period of one (1) year.
Explosion, collapse and underground property damage.
Yes XXXC No
B. COMPREHENSIVE GENERAL LIABILITY LIlv=:
1. Bodily Ipj
Each Occurrence $1,000,000.00
Aggregate $2,000,000.00
ORB 8929 page 10
bdl 4/24/89-1
MSR071686 SUPPLIIKE[4TARY CONDITIONS
2. Property Damaae
Each Occurrence $1,000,000.00
Aggregate $1,000,000.00
C. Wopj<ERS' OR W0RIg4IIQS' COMPENSATION LIMITS:
1. Workmen' Compensation Statutory
D. ALTIOMOBILE 7'IARILIM LIMS:
(Including Owned and Non-Owned and Hired)
1. Bodily Injury
Each person $1,000,000.00
Each OccurrenCe $1,000,000.00
2. Property Damage
Each Occurrence $1,000,000.00
E. UMBRELLA COVERAGE
Limits divided by (Mininum) $2,000,000.00
F. Contractor shall file three (3) copies of all
policies with Owner prior to connnencement of work.
Para 11 2 Owner's Liability Insurance
Delete Para. 11.2.1 in its entirety.
Para 11 3 Property Insurance
Para. 11.3.1, 11.3.2, 11.3.3, 11.3.4 and 11.3.5 Delete
in their entirety and add in lieu thereof the following:
The Owner assumes no risk or loss by fire or any other
casualty to any portion of the work or equipment
thereof, whether completed, in process of construction
or installation or stored on or at the premises during
the life of any Contract for any portion of the
construction. The making of partial payments to-the
Contractors shall not be construed as creating an
insurable interest by or for the Owner, or as relieving
the various Contractors of their sureties of
responsibility for loss by fire or other casualty
occurring prior to final acceptance of the work. It is
understood that the whole of the work under this
Contract is to be done at the Contractor's risk, and
ORB 8929 page 11
bdl 4/24/89-1
MSR071686 SUpPIEr'lENTARY CONDITIONS
that he has familiarized himself with the conditions,
and other contingencies likely to affect the work, and
has made his bid accordingly, and that he is to assume
the responsibility and risk of any loss or damage to
materials or work which may arise from any cause
whatsoever until same shall be promptly repaired,
replaced, or rebuilt by the Contractor after any loss or
damage and the work finally accepted by the owner.
PROPERTY INSURANCE COVERAGE AND LIMITS
a. Unless otherwise provided the Contractor shall
purchase and maintain All Risk Insurance for public
liability and property damage and physical loss or
damage including, without duplication of coverage,
theft, vandalism, and malicious mischief upon the
building structures, and other features of the site
subject to fire, theft, vandalism and malicious
mischief. This insurance shall provide coverage for
the owner/Developer, the contractor, and all
Subcontractors performing work on projects under
city contract or authorized by city permit, as well
as provide coverage for the city of Kent for the
limits specified.
b. The above property insurance shall be writ4en on the
completed value form.
c. Limits: completed value equal to 115% percent of
cost of replacement at time of contract.
d. The insurance shall include the interests of the
Owner, contractor, Sub-contractors and
Sub-subcontractors as their interests may appear.
Loss shall be adjusted with the Owner and made
payable to the Owner as trustee for the insureds, as
their interest may appear.
e. The coverage so provided shall protect against
claims for personal injuries, including accidental
death, as well as claims for property damages which
may arise from any act or cmi,ssion of the
Owner/Developer, the Contractor, the Subcontractor,
or by anyone directly or indirectly employed by any
of the parties involved.
f. The city of Kent shall be named as an additional
insured on all insurance policies. contractor shall
file three (3) copies of all policies with the Owner
prior to commencement of the work.
page 12
ORB 8929
bdl 4/24/89-1
MSR071686 SUPPLEMEff-CARY CONDITIONS
The insurance shall reference the: 1) project name,
2) project location, and 3) contain "THE CITY OF
MU, ITS ELECTED AND/OR APPODTM OFFICIALS, ITS
EMPLOYEES, AND AGE[J'I'S AS ADDITIONAL INSURED insofar
as the work and obligations performed by City permit
is concerned."
Mail to:
ATIEMON: HELEN WICILSTRCM
PARKS AND RECREATION DEPARTMENT
CITY OF KENT
220 -4TH AVENUE SOUTH
MU, WASHINGTON 98032
Mail two (2) copies to ORB.
If not covered under the All Risk Insurance or otherwise
provided in the Contract Documents, the Contractor shall
effect and maintain similar property insurance on
portions of the work stored off the site or in transit
when such portions of the work are to be included in an
Application for Payment under Sub-Paragraph 9.3.2.
If this insurance is written with stipulated amounts
deductible under the terms of the policy, the Contractor
shall pay the difference attributable to deductions in
any payments made by the insurance carrier on claims
paid by this insurance.
Para. 11.3.8 Delete the following words:
. . . and if such objection be made, arbitrators shall be
chosen as provided in paragraph 7.9. The Owner as
trustee shall, in that case, make settlement with the
insurers in accordance with the directions of such
arbitrators. If distribution of the insurance proceeds
by arbitration is required, the arbitrators will direct
such distribution."
ARTICLE 12, CHANGES IN THE WORK
Para 12 1 CharQe Orders
12.1.3 Amplify by adding the following:
which shall include not more than a 15% overhead and
profit.
ORB 8929 page 13
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MSR071686 SUPPLEMENTARY CONDITIONS
ARTICLE 13 UNCOVERING AND CORRECTION OF WORK
Para. 13.1.1 Change this subparagraph to read:
"If any portion of the Work should be covered contrary
to the request of the Architect or Owner or to
requirements specifically expressed in the Contract
Documents, it must, if required by the Architect or
Owner, be uncovered for inspection and replaced at the
Contractor's expense."
Para. 13.2 Correction of Work
Para. 13.2.2 Delete the words, "Date of Substantial
Completion," in the first sentence of the paragraph and
insert in lieu thereof, "DATE OF FINAL COMPLETION."
ARTICLE 14 TERMIINATION OF CONTRACT
Para 14 1, Termination by the Contractor
Para. 14.1.1 Delete the term, "period of thirty (30)
days" and insert in lieu thereof the term, "period of
ninety (90) days," each place it occurs in this
paragraph. Delete the term, "upon seven additional
days" and insert in lieu thereof the term, "upon fifteen
(15) additional days."
Para. 14.2.1 Strike "persistently or repeatedly" in the
fourth line. Strike "upon certification by the
Architect that sufficient cause exists to justify such
action" in the first sentence. Delete the term "seven
days written notice" and insert in lieu thereof the
term, "fifteen (15) days written notice."
END OF SECTION
ORB 8929 page 14
bdl 4/24/89-1
SPECIAL CONDITIONS - I
A. Wording of These Specifications
These Specifications are written in the abbreviated or "streamlined"
form, and frequently include incomplete sentences. Worlds such as
"shall," and "shall be," and "the Contractor shall," and similar
mandatory phrases shall be supplied by inferences as they are in a
note on the drawings. The Contractor shall provide all items listed
and perform all operations called for, all in accordance with the
General Conditions, as modified by the Supplementary Conditions-
B. Number of Specified Items Required
Wherever in these Specifications an article, device or piece of
equipment is referred to in the singular number, such reference shall
include as many such items as are shown on drawings or required to
complete the installation.
C. Division Section and Paragraph Numbering
Numbering and lettering of Divisions, Sections and Paragraphs in
these Specifications are merely for identification. Sections
included are listed in the "Table of Contents" together with the
number of pages in each Section. The Contractor shall check his
copies of the Specifications with the Table of Contents to be sure
they are complete.
D. Original Drawings
It is hereby expressly agreed by and between the parties involved
that in any matter, dispute, suit, or proceedings arising or in any
way growing out of this contract in which it may be necessary to
introduce into evidence the original of such Standards, Plans, and
Specifications, that a printed copy thereof may be used in lieu
thereof with like force and effect as though the original was
produced-
E. Definition of "Substantial Completion"
The "DATE OF SUBSTANTIAL C'OMP=ON OF THE WORK" or designated
portion thereof is the date agreed to by the Architect when
construction is sufficiently complete, in accordance with the
Contract Documents, so the Owner can occupy or utilize the Work or
designated portion thereof for the use for which it is intended.
Refer also to Specification Section 01700 - PRQTECI' AEV1INISTRATION
AND CLDSEOUT for additional provisions on this subject.
ORB 8929 page 1
bdl 4//24/89-1
MSR041086 SPECIAL CONDITIONS - I
F. Waiver
Any claim of the Contractor for damages, additional payment for any
reason, or extension of time, whether under the Contract or
otherwise, against the Owner, shall be conclusively deemed to have
been waived by the Contractor unless a timely written claim therefore
is made pursuant to and in strict accordance with the applicable
provisions of the Contract, or, if no such provision is applicable,
unless such claim is set forth in detail in writing and filed with
the Owner within fifteen (15) days after the facts upon which such
claim is based become )mown or should have became ]mown to the
Contractor. No act, omission, or knowledge, actual or constructive,
of the owner or the Architect shall in any way be deemed to be a
waiver of the requirements for timely written notice unless the Owner
provides the Contractor with an explicit, unequivocal written waiver
of timely notice.
END OF SECTION
ORB 8929 page 2
bdl 4//24/89-1
SPECIAL CONDITIONS - II
A. Laws and Regulations
The Contractor shall observe and comply with all federal and state
laws and with the county, city and municipal resolutions, ordinances
and regulations that will in any way affect the work; and he shall
indemnify and save harmless the Owner against any claims arising from
the violation of any such laws, resolutions, ordinances or
regulations.
B. Eight Hour Law and Payment for Labor
The Contractor agrees to comply with all requirements of Chapter
49.28 RCW providing that no laborer, workman, or mechanic in the
employ of the Contractor, Sub-contractor, or other person doing or
contracting to do the whole or any part of the work contemplated by
this Contract, shall be permitted or required to work more titan eight
(8) hours in any one calendar day, provided that, in cases of
extraordinary emergency, such as danger to life or property, the
hours of work may be extended, but in such cases the rate of pay for
time employed in excess of eight (8) hours of each calendar day shall
not be less than one and one-half times the rate allowed for this
same amount of time during eight (8) hours' service. Any work
necessary to be performed after regular working hours, or Sunday or
legal holidays shall be performed without additional expense to the
Owner.
Contractor further agrees that said Contract is terminable in case
the Contractor shall violate the provisions of such act.
C. Required Contractor to File Statement of Intent to Pay Prevailir
Wages and Affidavit of Wages Paid
The Contractors agrees to comply with all requirements of Chapter
39.12 RCW. The prevailing rate of wage to be paid to all workmen,
laborers, or mechanics employed in the performance of any part of
this Contract on-site or off-site and shall be in accordance with the
provisions of Chapter 39.12 RCW, as amended, and the rules and
regulations of the Department of Labor and Industries or the State of
Washington. The prevailing wage rates for the locality or localities
where this Contract will be performed shall be determined by the
Industrial Statistician of the Department of Labor and Industries,
and are by reference made a part of this Contract as though fully set
forth herein.
Current prevailing wage data will be furnished by the Industrial
Statistician upon request. Mail requests to the Department of Labor
and Industries, Industrial Relations Division, General Administration
Building, Olympia, Washington 98504. (Telephone 206-753-4019) .
ORB 8929 page 1
bdl 4/24/89-1
MSR081685 SPECIAL CONDITIONS - II
PUBLIC PROTECTS
(WASHINGMN STATE)
The Contractor on or before the date of commencement of work shall
complete and file a statement under oath with the Owner and with the
Director of Labor and Industries certifying the rate of hourly wage
paid and to be paid each classification of laborers, workmen, or
mechanics employed upon the work by the Contractor or Sub-contractor
which shall be not less than the prevailing rate of wage. (State
Form #9882, State of Washington, Department of Labor and Industries,
Statement of Intent to Pay Prevailing Wages on Public Contract) .
Such statement and any subsequent statements shall be filed in
accordance with the practices and procedures required by the
Department of Labor and Industries. Therefore, the Contractor shall
familiarize himself with this form and all its requirements.
It is the responsibility of the Prime Contractor to require all his
sub-contractors to complete forms S.F. No. 9882 and S.F. No. 9843,
submit these documents to the Department of Labor and Industries for
certification and forward certified copies to the Owner as proof that
the prevailing wage requirements of RCW 39.12.040 have been
satisfied. Additional forms may be obtained from the Department of
Labor and Industries, Industrial Relations Division, General
Administration Building, Olympia, Washington 98504 and from all 15
service locations of the Department of Labor and Industries.
The Department of Labor and Industries will charge a $12.50
"Processing Fee" for their work. The Contractor will be required to
submit this "Fee" along with the required documents. This
"Processing Fee" will be reimbursed by the Owner to the Contractor
upon receipt of a proper invoice.
The Contractor, and Sub-contractors shall further certify that:
1. He had not employed or retained any company or person (other than
a full-time bona fide employee working solely for the offeror) to
solicit or receive this Contract; and
2. He has not paid or agreed to pay any company or person (other
than a full-time bona fide employee working solely for the
offeror) any fee, commission, percentage or brokerage fee
contingent upon or resulting from the award of this Contract; and
3. He has not been asked or otherwise coerced, either expressed or
implied, into contributing funds, for any purpose as a condition
to doing business with the Owner, and
4. He agrees to furnish information relating to items 1, 2 and 3 as
requested by the Contracting Officer.
It is further agreed that in case any dispute arises as to what
are the prevailing wages for the work of a similar nature and
such dispute cannot be adjusted by the parties involved, the
matter shall be referred for arbitration to the Director of the
Department of Labor and Industries of the State and his decision
therein shall be final, binding and conclusive on all parties
involved in the dispute.
ORB 8929 page 2
bdl 4/24/89-1
MSR081685 SPECIAL CONDITIONS - II
PUBuc PRCJECI'S
(WASIIZNGTOON STATE)
D. Release for the Protection of Property Owner and General Contractor
- S.F. No. 7887-A.
Upon completion of a Public Works Project, the Contractor shall file
with the owner an "Affidavit of Wages Paid" S.F. No. 7887 A. This
form properly executed by the Prime Contractor, shall be submitted
to: Department of Labor and Industries, Industrial Insurance
Division, Underwriting Section, General Administration Building,
Olympia, Washington 98504. Each Affidavit of Wages paid must be
certified by the Industrial Statistician of the Department of Labor
and Industries before it is submitted to the Owner. A copy of this
statement must be on file with the Owner before the retained
percentage is released.
E. Offshore Items
1. The Contractor agrees to comply with all requirements of Chapter
39.25 RCW. In compliance with Chapter 39.25 RCW, as amended,
Contractors are required at the completion of a contract to
furnish OWNER a certified statement setting forth the nature and
source of Offshore items in excess of $2,500.00 which have been
utilized in the performance of the Contract. and the
2. "Offshore items" are those items procured from sources bey
territorial boundaries of the United States including Alaska and
Hawaii.
3. This certified statement is mandatory and must be received before
final payment on the Contract can be made.
F. (Item Deleted --- Not Applicable)
G. State Licensirxi Law
The Contractor agrees to comply with all requirements of Chapter
18.27 RCW. The Contractor agrees and covenants to furnish unto the
Owner proper evidence that the contractor has fully complied with the
State Licensing Law of the State of Washington, Chapter 18.27 RCW,
and a Contractor's Certificate of Registration shall be in full force
and effect throughout the work project hereinabove enumerated.
H. performance Bond and Labor and Materials Payment Bond
The Contractor agrees to comply with all requirements of Chapter
39.08 RCW. The contractor shall secure and pay for performance and
payment bonds issued by a bonding company, licensed to transact
business in the locality of the project, on a Bond Form executed in
pursuance to Chapter 39.08 Revised Code of Washington. The Bond Form
must comply with all requirements of the Owner's attorney.
The surety bond shall be in the following penal stets:
Performance Bond 100% of agreement stun, plus
Washington State Sales Tax
Labor and Material 100% of agreement sum► plus
Washington State Sales Tax
ORB 8929 page 3
bdl 4/24/89-1
MSR081685 SPECIAL CONDITIONS - II
PUBLIC PRQ7ECI'S
(VMSHING'DON STATE)
Four copies of Bond Certificate required.
The Contract Bond or an equivalent Maintenance Bond shall continue in
force for a period of one (1) year after final acceptance of the work
by the Owner.
The Contractor guarantees the excellence of both workmanship and
material, and the payment of all obligations incurred until the work
is finally accepted and for one (1) year thereafter, and until the
provisions of the Contract Documents are fulfilled.
I. Percentage of Contract to be Retained:
1. Further, the percentage retained shall not exceed five percent
(5%) , pursuant to RCW Chapter 60.28 and Chapter 27, laws of 1982
as amended.
2. Thirty days after final acceptance of the completed work, the
balance due will be paid, provided,
a. the work be fully completed,
b. certification has been received by the Owner, from the State
Department of Labor and Industries, as to payment of
prevailing wages, in conformance with laws,
c. certification has been received by the Owner from the State
Tax Commission that all taxes have been paid, no tax lien may
exist, and
d. the Contractor warrants to the Owner all claims by
materials-mien, and workmen, if any, for unpaid charges against
the work have been satisfied, and
e. to hold the Owner harmless from all liens on the completed
work.
In the event these provisions are not met, the Owner may pay a
percentage of the retainage, holding back that quantity of money
for materialsmen and laborer's liens, tax liens, cost and
attorney's fees to defray the cost of foreclosing all of the
liens, costs, and Architect's fees to defray cost of additional
Construction Administration services. Refer to Specifications
Section 01700, PRWECI' AEV1INISTRATION AND CLOSEOUT, for
provisions on this subject.
After the award of a Contract for public improvements or work for
which retained percentages are required to be reserved under the
provisions of Chapter 38, Laws of 1970, Extraordinary Session
(RCW 60.28.010) , the Owner shall require the Contractor to
exercise in writing, one of the options listed below:
a. Retained percentages will be retained in a fund by the public
body until thirty days following the final acceptance of said
improvement or work as completed; or
ORB 8929 page 4
bdl 4/24/89-1
MSR081685 SPECIAL CDNDITIONS - II
PUBLIC PROTECTS
(WASHINGTON STATE)
b. Placed in escrow with a bank or trust company until thirty
days following the final acceptance of said improvement or
work as cmpleted.
Initial election will be accomplished on form provided by the
Owner.
When the Contractor elects to place amounts reserved in
escrow, the Contractor and the Owner shall jointly select a
bank or trust company as the Escrow Agent.
The owner, the Contractor, and the Escrow Agent shall then
execute an Escrow Agreement. A copy of the completed Escrow
Agreement shall be provided the Owner, the Contractor, and
the Escrow Agent.
The Contractor shall pay the costs of all escrow fees.
J. Nondiscrimination
The Contractor agrees to comply with all requirements of Chapter
49.60 RCW Law against discrimination. This law proclaims the right
to be free from discrimination because of race, creed, color,
national origin, sex or the presence of any sensory mental or
physical handicap. Discrimination shall include but not be limited
to the right to obtain and hold employment without discrimination.
K. Aged and Physically Handicapped
The Contractor agrees to comply with all requirements of Chapter
70.92 RCW relating to provisions for the aged and physically
handicapped.
L. Envirotmiental Legislation
In addition to the requirements set forth in General Conditions, the
Contractor shall comply with all local, Washington State, and Federal
statutes and regulations dealing with the prevention of environmental
pollution and the preservation of natural resources in accordance
with RCW 39.04.120 (Ch 62, Sec 1, Laws of 1973, lst ExSess) . A
compilation of state and federal provisions which are relevant to
municipal construction projects and referred to most often, are
contained in Information Bulletin No. 360 entitled, "Federal and
State Regulations Relating to Prevention of Environmental Pollution
and the Preservation of Public Natural Resources" as compiled by the
Association of Washington Cities.
ORB 8929 page 5
bdl 4/24/69-1
MSR081685 SPECIAL CONDITIONS - II
PUBLIC PROJECTS
(WASHINGTON STATE)
Copies of this bulletin are available for reference at:
o Public Libraries
o The ORB Organization Office
510 Evergreen Building
Renton, Washington 98055
o Association of Washington Cities
4719 Brooklyn Avenue N.E.
Seattle, Washington 98105
M. Resident Employees•
Contractor shall comply with all provisions of RCW 39.16, relating to
Resident Employees.
N. Unemployment Contributions by Employers:
Contractor shall comply with all provisions of RCW 50.24, relating to
Unemployment Contributions by Employers.
O. Workmen's compensation:
Contractor shall comply with all provisions of RCW 51.12, relating to
Workmen's Compensation.
END OF SECTION
ORB 8929 page 6
bdl 4/24/89-1
INDEX OF DRAWINGS
Each drawing, dated April 28, 1989 (4/28/89) , and listed below is hereby made
part of the Contact Documents:
A-1 FLOOR LAYOUT PLAN/ELEVATIONS
A-2 EXISTING BUILDING FLOOR PLAN
DEMOLITION PLAN
CEILING PLAN
LIGHTING AND POWER PLAN
E-1 PANEL DIAGRAM &
RISER DIAGRAMS
ORB 8928 page 1
bdl 4/24/89-1
TEMNICAL SPECIFICATIONS
MSR081685
SECTION 01010
SUMMARY OF WORK
PART 1 - GENERAL
1.01 WORK COVERED BY CONTRACT DOCUMENTS
A. Accomplish all work described in the Contract DO=Ents (Plans and
Specifications) for the GENERAL CONSTRUCTION CONTRACT entitled:
K ET'CHETi RENOVATION
SPECIAL POPULATION RESOURCE CENTER
City of Kent
Parks and Recreation Department
The project is located at 315 East Meeker Street, in the City of Kent,
Washington.
B. Related Requirements Specified Elsewhere:
1. Field Engineering by Contractor Section 01030
2. Allowances Section 01020
3. Base Bid and Alternates Section 01100
4. Construction Schedule Section 01300
5. Schedule of Values Section 01300
6. Temporary Facilities Section 01500
7. Special Controls Section 01560
8. Owner's Right to Perform Work
and Mutual Responsibiltiy General Conditions
C. Contractor's Duties:
1. LABOR EQUIPMENT AND MATERIALS:
Except as specifically noted, otherwise provide and pay for:
a. Labor, materials and equipment
b. Tools, construction equipment and machinery
c. Water, heat and utilities required for construction
d. Other facilities and services necessary for proper execution
and completion of work
2. TAXES:
Pay legally required sales, consumer, use and other similar taxes
to proper authority as required by law.
A STATE SALES TAX SHALL BE PAID BY THE OWNER. A PROPORTIONATE
AMOUNT OF SALES TAX WILL BE ADDED TO EACH PAYMENT VOUCHER ISSUED
TO THE CONTRACTOR.
3. PERT= AND FEES:
Obtain and pay for all necessary permits, license fees and
utility hook-up charges necessary or required for the proper
execution and completion of the work and as specifically noted
in the following itemized provisions. The following is for
"information only" and is not warranted to list all permits or
fees which the Contractor may be obligated to pay or obtain.
ORB 8929 page 1
bdl 4/24/89-1
MSR042486 SECTION 01010
SUMMARY OF WORK
a. General Information: Any questions relating to "specific
requirements" and/or "costs" of "PERMITS", "FEES",
"INSURANCE", "BONDS" or other work required by the City of
Kent shall be directed to one (1) or more of the following,
as applicable:
- Building Official: Mr. Jim Chandler; phone: 859-3360
- Planning Director: Mr. Jim Harris; phone: 859-3390
- Plans Examiner (Assistant Building Official) :
Mr. Jack Fingold; phone: 872-3360
- Fire Prevention (Fire Marshal) : Mr. Michael C. Evans;
phone: 859-3360
b. BUILDING PERMIT:
- City of Kent TENANT IMPROVEMENT BUILDING PERMIT is
required.
- Contractor shall file (apply for) and pick up.
- Architect has previously submitted for review.
- Cost of permit shall be paid by Contractor per UBC
Section 303.
c. UTILITY HOOK-UPS:
- Utility hook-ups currently exist and will be reused.
d. PLUMBING PERMIT:
- Architect has submitted.
- Plumbing subcontractor(s) shall apply, pay for,
and obtain.
- This permit is issued in conjunction with the
"BUILDING PERMIT".
- Costs shall be as determined by the city and paid for
by Contractor.
e. ELECTRICAL PERMITS:
- Electrical subcontractor(s) shall apply, pay for, and
obtain from state.
- Required by the State of Washington.
- Architect has submitted.
f. ELECTRICAL PLAN REVIEW FEE(S) •
- Required by the State of Washington
- Owner/Architect have submitted.
- Contractor shall pay at time electrical permit
is obtained.
g. BUILDING DEPARIMENT "CERTIFICATE OF OCCUPANCY":
Contractor shall file (apply for) and obtain.
- Required by DATE OF SUBSTANTIAL COMPLETION.
Contractor shall obtain a "TEMPORARY CERTIFICATE"
if required.
Requires "sign-off" by two (2) primary department heads
of City of Kent as follows:
1) Building Department
2) Fire Department
h. ALL OTHER LICENSES FEES PERMITS AND PUBLIC OR PRIVATE
UTILITY HOOK-UP CHARGES:
- Contractor to file (apply for) and obtain as may
be necessary.
- Contractor shall pay for.
ORB 8929 page 2
bdl 4/27/89-3
MSR042486 SECTION 01010
SUMMARY OF WORK
i . ENVIRONMENTAL ASSESSMENT
- Not applicable to this project.
j. KETCHEN ROOM PLAN CHECK FEE
- Required by Seattle/King County Health Department.
- Owner/Architect have submitted for review.
- Contractor shall obtain and pay for.
- Cost is $90.00.
- Permit issued through City of Kent in conjunction with
Building Permit, however Contractor may be required to
pay this fee directly to Seattle/King County Health
Department-
- Contact Person: John K. McAlerney, R.S. , Senior
Environmental Health Specialist - Plan Review;
phone: 256-4787.
k. Give required notices.
1. Comply with codes, ordinances, rules, regulations, order and
other legal requirements of public authorities which bear on
performance of work.
PART 2 - PRODUCTS
2.01 CONTRACTS
A. Construction under Single Prime Contracts:
The City of Kent intends to award the KITCHEN RENOVATION, SPECIAL
POPULATIONS RESOURCE CEY=, work under a single General Construction
Contract.
B. Construct work under this contract shall be awarded under a single
"Iintp Sum Contract".
2.02 PRODUCTS FURNISHED BY OWNER INSTALLED BY CONTRACTOR
Products furnished by Owner: None.
2.03 FUTURE WORK
A. All "ADDITIVE" Alternate Bid Work not accepted in initial contract
amount.
B. All "DEDUCTIVE" Alternate Bid Work accepted at time of initial
contract.
ORB 8929 page 3
blt 5/5/89-4
MSR042486 SECTION 01010
SUMMARY OF WORK
2.04 CONTRACTOR USE OF PREMISES
Confine operations at site to areas permitted by:
o Law
o Ordinances
o Permits
o Contract Documents
o Work Limits
If no "Work Limits" are indicated, confine all construction operations
within the limits of the site in areas designated by the Owner.
Abide by all laws, ordinances, permits and the Contract Documents.
Do not unreasonably encTber site with materials or equipment.
Do not load structure with weight that will endanger structure.
Assume full responsibility for protection and safekeeping of products
stored on premises.
Move any stored products which interfere with operations of Owner or
other Contractor.
Obtain and pay for use of additional storage or work areas needed for
operations.
2.05 PARTIAL OWNER OCCUPANCY
A. Owner shall occupy all areas of the PR0JECr SITE, except the kitchen,
for the purpose of continuing the full operation of the Special
Populations Resource Center throughout the duration of this
construction contract.
B. Contractor shall provide:
o Access for Owner's personnel.
o Full cooperation on scheduling construction activities
in occupied areas of the facility.
C. occupancy During Construction:
The operation of the existing PROJECT SITE shall continue during
this construction project within the buildings and on the surrounding
site. Specific areas of the surrounding site will be designated
for the Contractor's use for material storage, staging operations,
job shacks, etc. These areas shall be under the general control of
the Contractor throughout the course of the Contract. All other
areas shall be "scheduled for access" in carrying out the required
work on CONSTRUCTION SCHEDM, and as approved by Owner. The Owner
reserves the right to occupy and use the premises in any and all
areas where Owner and Contractor can mutually agree that such use
will not impede construction progress or present any safety problems
through such use.
ORB 8929 page 4
bdl 4/24/89-1
MSR042486 SECTION 01010
SUMMARY OF WORK
D. Staging Areas:
A staging area will be made available for the PROJECT generally east
of the building, subject to final definition of area by the Owner.
E. Contractor shall provide access for Owner's personnel.
F. Buildinct Occupancy'
1. Building Department Requirements:
No portion of the kitchen shall be occupied or used for storage
prior to the issuance of the Certificate of Occupancy issued by
the City of Kent Building Department.
2. Certificate of Substantial Completion:
Prior to any Owner occupancy, a CERTIFICATE OF SUBSTANTIAL
COMPLETION shall be executed for designated areas.
G. Upon occupancy, Owner shall provide:
o heat
o lights
o water
o power
o sewer
o gas
PART 3 - EXECUTION
3.01 GENERAL
The General Contractor shall perform the Work as described in this
Section of the Specifications and in accordance with the Construction
Schedule submitted under Section 01300. He shall coordinate his work
with that of subcontractors, suppliers, manufacturers, government
agencies, Owner's forces, and all others concerned with the Work so as
to meet the Completion Dates established for this Project.
3.02 TOTAL CONTRACT TIME
Refer to Paragraph nHn - TIME FOR CC.INPLETION on the PROPOSAL FORM.
END OF SECTION
ORB 8929 page 5
bdl 4/24/89-1
MSR112983
SECTION 01020
ALLOWANCES
PART 1 - GENERAL
1.01 GENERAL
A. Work Included•
1. Maintenance and Operation Manuals
2. Completion of "Punch List" Work
B. Related Requirements Specified Elsewhere:
1. Construction Schedule Section 01300
2. Schedule of Values Section 01300
3. project Administration and Closeout Section 01700
4. Each specification section listed in
Paragraph 2.01 of this section.
C. Designate in the SCHEDULE OF VALUES an individual allowance (line
item) for each product(s) and service(s) specified under this section
for cost ALLOWANCES.
PART 2 - PRODUCTS
2.01 ALLOWANCES FOR PRODUCT'S AND SERVICES
A. Purchase products and/or provide the service described under each
allowance as directed by Architect.
B. Include following amounts in BASE BID for inclusion in Contract Sum:
1. Section 01700 - PROJECT A1[v=STRATION AND CLOSEOUT:
Allow lump sum of $250.00 to be assigned as an
APPLICATION FOR PAYMENT "line item" and to be
withheld until the completion and acceptance of
all "PUNCH LIST" Work.
2. Section 01300 - SUBNITIALS:
Allow lump sum of $250.00, for preparation of
1902 TIIIANCE AND OPERATION MANUALS.
C. Amount of each Allowance shall include the following as applicable:
1. Net cost of product or service.
2. Delivery and unloading at site.
3. Applicable taxes.
4. Installation.
D. In addition to amounts for Allowances include in the BASE BID for
inclusion in Contract Sum Contractor's costs for:
1. Handling at site, coordination with Architect and subcontractors.
2. Protection from materials damage.
ORB 8929 page 1
bdl 4/26/89-2
MSR112983 SECTION 01020
ALLOWANCES
3. Labor and materials.
4. Other expenses, direct and indirect, required to complete work.
5. Overhead and profit.
PART 3 - EXECUTION
3.01 SELECTION OF PRODUCTS AND SERVICES
A. Architect Duties: Consult with Contractor in consideration of
products and suppliers.
B. Contractor's Duties:
1. Complete all "PUNCH LIST" Work.
2. Complete preparation of NMINTENANCE and OPERATIONS MANUALS.
3.02 DELIVERY
A. Contractor Responsibilitv:
1. Arrange for delivery and handling of all ALLOWANCE items.
2. Promptly inspect products for damage or defects.
3.03 INSTALLATION AND HANDLING
Comply with requirements of referenced specification section.
END OF SECTION
ORB 8929 page 2
bdl 4/26/89-2
MSR032686
SECTION 11080
APPLICABLE CODES AND STANDARDS
PART 1 - GENERAL
1.01 SCOPE
A. GENERAL: wherever possible throughout the Contract DocLunents, the
codes ordinances, regulations and Industry Standards which govern the
work have been noted. The applicable codes, ordinances, regulations
and standards are recapitulated in this Section of the Specification
as a guide to the Contractor. Unless otherwise noted, all editions
are the latest edition current and in force at the time of the date
the Drawings and Specifications.
B. Related work Described Elsewhere:
1. Contractual Requirements General Conditions and
Supplementary Conditions
2. Technical Requirements Divisions 1 through 16 of
the Technical Specifications
PART 2 - PRODUCTS
2.01 CODES ORDINANCES REGULATIONS AND STANDARD
Codes in effect and regulatory agencies for the work include but are not
limited to the following. It shall be the responsibility of the
Contractor to ascertain and comply with any Pertinent regulations or
offices other than those listed.
Local Regulating Agencies for the City of Kent (NOTE: The City of Kent
has adopted all "UNIFORM CODES," 1985 Editions) :
- City Building Department
- City Planning Department
County Health District
Office of the State Fire Marshal
Office of the State Electrical Inspector
Office of the Department of Labor and Industries
Local Building Code
Uniform Building Code (UBC)
Uniform Building Code Standards (UBCS)
Local Zoning Code
National Fire Protection Association Codes (inclusive as applicable)
National Fire Protection Association Code No. 70
National Electrical Code
Uniform Plumbing Code
Uniform Mechanical Code
Occupational Safety and Health Act (OSHA)
ORB 8929 page 1
bdl 4/24/89-1
MSR092385 SECTION 01080
APPLICABLE CODES AND STANDARDS
Washington Industrial Safety and Health Act (WISHA)
Washington State MI ES AND REGULATIONS SETTING
BARRIER-FREE DESIGN STANDARDS (RFBFF)
2.02 ASSOCIATIONS AND STANDARDS
AIA American Institute of Architects
1735 New York Avenue N.W. , Washington, D.C. 20000
AITC American Institute of Timber Construction
1757 "K" St. , N.W. , Washington, D.C.
ANSI American National Standards Institute (Formerly ASA, the USASI)
1430 Broadway, New York, NY 10018
APA American Plywood Association
Tacoma, WA
ASA American Standards Association
10 E. 40th St. , New York, NY
ASME American Society of Mechanical Engineers
29 W. 39th St. , New York, NY
ASTM American Society for Testing and Materials
1916 Race St. , Philadelphia, PA 19103
AWPA American Wood Preservers Association
839 17th St. N.W. , Washington, D.C. 20006
CS Camiercial Standard of US Department of Conmierce
Washington, D.C. 20025
CSI Construction Specifications Institute
DuPont Circle Bldg. , Washington, D.C. 20036
DFPA Douglas Fir Plywood Association (now known as
American Plywood Assoc.)
P.O. Box 1337, Tacoma, WA 98401
NAAMM National Association of Architectural Metal Manufacturers
228 N. LaSalle St. , Chicago, IL 60601
NFPA National Fire Protection Association
470 Atlantic Ave. , Boston, MA 02210
UBC Uniform Building Code of International Conference
of Building Officials
5360 South Workman Mill Road, Whitter, CA 90601
UL Underwriters Laboratories
333 Phingsten Rd. , Northbrook, IL 60062
ORB 8929 page 2
bdl 4/24/89-1
MSR092385 SECTION 01080
APPLICABLE CODES AND STANDARDS
Names and addresses of other organizations appear in the Technical
Section where their products are specified, or are listed in Sweet's
Architectural File.
PART 3 - EXECUTION
3.01 C'ONPPLIANCE
The Contractor shall ascertain and comply with all codes, ordinances,
regulations, and Industry Standards as shown on the Drawings and
specified herein and/or required by the public authorities which govern
the work.
END OF SECTION
ORB 8929 page 3
bdl 4/24/89-1
MSR011184
SECTION 01100
BASE BID AND ALTERNATE BIDS
PART 1 - GENERAL
1.01 SCOPE
A. Work Included: It is the desire of the Owner to award a Contract for
the construction of the Project, complete, as shown on the Drawings
and specified; however, the necessity of obtaining a Bid PROPOSAL,
which will allow construction within a "Fixed Budget," requires the
BIDS described in this Section.
B. Related Work Described Elsewhere:
1. The Drawings and Technical Specifications describe the size,
shape, number, location, material and methods required under the
various Alternatives described below.
2. Each bidder shall state on the PROPOSAL FORM, in the spaces
provided therefore, the following:
a. BASE BID:
Bidder's proposal for performing the Work of the BASE BID, as
defined in Paragraph 2.01, BASE BID.
b. MAJOR DIVISION ON SUBCONTRACT WORK:
(1) His "BASE BID BREAKDOWN" for each of the major
subcontract scopes of work listed on the PROPOSAL FORM.
THE TOTAL SHALL EQUAL THE BASE BID AMOUNT.
(2) His "BASE BID BREAEDOWN" for each of the PROTECT SITES
listed on the PROPOSAL FORM. THE TOTAL SHALL EQUAL THE
BASE BID AMOUNT.
c. ALTERNATIVE BIDS:
Bidder's proposal for performing the Alternative Bids as
defined in Paragraph 2.02 - ALTEPM= BIAS.
d. UNIT PRICE BIDS.
Bidder's proposal for performing the Unit Price Contract Work
as defined in Paragraph 2.03 - UNIT PRICE BIDS.
1.02 SUBSTITUTIONS
Refer to Section 01640 - SUBSTITUTIONS AND PRODUCT OPTION.
1.03 SELECTION OF ALTERNATES
The Owner reserves the right to select any Alternate Bid or Unit Price
Bid as desired. Low bidder shall be determined by any combination of
Alternate Bids and Unit Price Bids in addition to the BASE BID.
ORB 8929 page 1
bdl 4/24/89-1
MSR011184 SECTION 01100
BASE BID AND ALTERNATE BIDS
PART 2 - PRODUCTS
2.01 BASE BID
A. WORK INCIIJDID IN BASE BID•
The BASE BID includes all•Work shown on Drawings or specified
exceptirq only the following:
1. All Work under the ADDITIVE ALTERNATIVES, as defined in Paragraph
2.02 and listed in the "PROPOSAL FORM," is not included in the
BASE BID and shall be "added to" the BASE BID SUM if accepted by
the Owner.
2. Work specifically shown or noted NOT IN CONTRACT (N.I.C.) or
(FUIURE) .
3. That Work to be "added to,, the BASE BID under UNIT PRICE BIDS-
B. DEDUCTIVE ALTERNATIVE BIDS:
All Work under the DEDUCTIVE ALA, as defined in Paragraph
2.02 and listed in the "PROPOSAL FORM, ' is included in the BASE BID
and shall be "deducted from" the BASE BID SUM if accepted by the
Owner.
C. SUBSTTTLFI'IVE ALTERNATIVE BIDS:
All Work under the SUBS==v-E ALTERNATIVES, as defined in Paragraph
2.02 and listed in the "PROPOSAL FORM," relate to a definite Scope of
Work included in the BASE BID and shall be "substituted for" that
Work if accepted by the Owner. These Alternatives Ev either result
in stuns to be "ADDED TO" or "DEDUCTED FROM" the BASE BID SUM as
determined by the Contractor and indicated on the PROPOSAL FORM.
2.02 ALTERNATIVE BIDS
A. General:
Includes all Work under the ALTERNATIVE BIDS as defined below.
For the purpose of clarification, the status of the BASE BID WORK is
stated first, followed by the description of the Work to be "added
to" or "deducted from" the BASE BID or to be "substituted for" Work
included in the BASE BID.
ORB 8929 page 2
LJl A 1� A 10fl_1
MSR011184 SECTION 01100
BASE BID AND AMMIATE BIDS
B. Alternate Bid Number and Description:
1. ALTERNATE BID NO. -1 -
THE "EXTERIOR DOOR NO. 311:
BASE BID••The BASE BID shall not include the installation of the new
Exterior Door No. 3 as described by Drawings and as specified
in Sections 08200 - WOOD DOORS and 08700 - FINISH HARDWARE.
Under the BASE BID the existing Exterior Door No. 3 shall
remain as is, except for repainting.
ALTERNATE NO. 1•
ADDITIVE - ADD the cost of providing and installing the
complete new Exterior Door No. 3 and all
appurtenant development as described on
Drawings and as specified in Sections 08200 -
WOOD DOORS and 08700 - FMSH HARDWARE.
$
2. ALTERNATE BID NO. 2 -
THE "ELECTRICAL PANEL REPLAC Z1ENT":
BASE BID:
The BASE BID shall not include providing or installation of
new Electrical Panel for the building as specified in
Section 16160 - PANEL BOARDS, or as shown on the Drawings.
Under the BASE BID, the Electrical Panels shall remain and be
rewired and recircuited as described by Section 16160 and the
Drawings."
ALTERNATE NO. 2
ADDITIVE - Add the cost of providing and installing new
Electrical Panel for the building as specified
in Section 16160 - PANELS BOARDS, and as shown
on the Drawings.
3. ALTERNATE BID NO. 3 -
CABINET MANUFACIURER:
BASE BID:
The BASE BID shall include a complete system of KITCH N
CABINETS AND TRIM as manufacturered by DEWILS INDUSTRIES,
INC. , as specified in Section 11900 - CABINETS/RESIDENTAIL
KIT'C1iEc1, and as shown on the drawings.
ORB 8929 page 3
blt 5/5/89-3
SECTION 01100
MSR011184 BASE BID AND AL' :ZNATE BIDS
ALTERNATE NO. 3: complete stem of
SUBSTITUTION - In lieu of providing a cow system
Dewils Industries, Inc. , cabinets and trim, as
specified in Section 11900 - CABINET'S/
RESIDENTAL KITCHEN, and as shown on the
drawings; provide a separate "COST DIF��E2ENCE"
for substituting a similar residential line of
kitchen cabinets as defined in Section 11900 -
CABINETS/RESIDENTIAL KnU-1EN. Provide the
proposed alternate manufacturer's name and the
applicable cost difference to the Owner.
SUBSTITUTE -
(Manufacturer's Name)
(Add or Deduct)
PART 3 - EXECUTION
3.01 COORDINATION
Immediately after "Award" of the General Construction Contract,ntn subcontractors,
General Contractor shall advise all necessary personnel,
and suppliers as to the nature and extent of the Contract awarded,
including all "ALTERNATE BIDS" and "UNIT PRICES" accepted by the Owner.
END OF SECTION
ORB 8929 page 4
bdl 4/24/89-1
MSR031686
SECTION 01300
SUBMITTALS
PART 1 - GENERAL
1.01 SCOPE
A. Work Included•
1. Construction Schedules
2. Schedule of Values
3. Shop Drawings, Erection Drawings, Product Data and Samples
4. List of Subcontractors and Suppliers
5. Operation and Maintenance Manuals
6. Spare Parts and Maintenance Material
B. Work Described Elsewhere:
1. Contractual Requirements
For Submittals General and Supplementary
Conditions
2. Individual Submittals Required Pertinent sections of these
Specifications
1.02 SUBMITTAL HANDLING
Make all submittals required in this Section in strict accordance with
provisions of this Section. Make all submittals to the Architect,
attention of the Construction Administrator assigned to the project.
1.03 RESPONSIBILITIES
No portion of the work requiring submission under this Section shall be
c=enced until the submittal has been reviewed by the Architect. All
such work shall be accomplished in accordance with reviewed submittals.
PART 2 - PRODUCTS
2.01 CONSTRUCTION SCHEDULE
A. General: The Contractor shall prepare a "CRITICAL PATH" (C.P.M.)
form of PROJECT SCHEDULE illustrating the Contractor's proposed plan
for meeting the completion dates specified in the Contract.
B. Content:
1. Prepare in a form common to the industry, and acceptable to the
Architect.
2. Indicate Shop Drawing Submittal, material delivery, fabrication
installation and check out dates for each major- activity of work.
ORB 8929 page 1
bdl 4/26/89-2
MSR042486 SECTION 01300
SUEZ=ALS
3. Shaw parallel flow for each major subcontract area (General,
Mechanical, Electrical) separately with a PROTECT CRITICAL-FLOW-
LINE clearly delineated.
4. The Work of each Technical Specification "SECTION" listed in the
Table of Contents from DIVISION 2 through DIVISION 16 shall be
represented.
2.02 PROGRESS REPORT
Not applicable - N.I.C.
2.03 SC HED= OF VALUES
A. General: The Contractor shall prepare a SCHED= OF VALUES which
shall detail the value of each separate part of the work. This
sa== OF VALUES, when approved by the Architect, shall become the
basis. for payment.
B. Content:
1. Prepare an APPLICATION AND CEP TIFIC.ATE OF PAY= similar to AIA
DOCLZ= G702 and G702A (copy attached herein) .
2. Itemize the "DESCRIPTION OF WORK" as detailed on the SCHEDULE OF
VALUES included in this Section of the Specifications and
identified as ORB DOCU= 201, or if a schedule of values is not
included, as a minimum, itemize a separate line item for the work
required by each Section of this Specification.
2.04 SHOP DRAWINGS ERECTION DETAILS, PRODUCT DATA AND SAMPLES
A. General: To insure that specified products are furnished and
installed in accordance with the design intent and to avoid delays
caused by delivery of the nonconforming or unapproved products to
the job site, advance submittal of shop drawings, products data and
samples shall be required of the Contractor.
B. Shop Drawings and Erection Details:
1. Shop drawings and erection details are drawings, diagrams,
schedules and other data prepared by the Contractor or any,
Subcontractor, manufacturer, supplier or distributor to
illustrate some portion of the work.
2. Prepare neatly and legibly. Include a count of all items needed
for the job. Prominently note any deviations from the Plans or
Specifications.
3. Fabrication drawings shall be submitted as reproducible sepia
transparencies.
4. Erection details and proposed sequence of field installation
of all bridge related structural elements shall be submitted
for review.
ORB 8929 page 2
bdl 4/27/89-3
MSR042486 SECTION 01300
SUBMITTALS
C. Product Data:
1. Product data are illustrations, standard schedules, performance
charts, instructions, brochures, diagrams and other information
furnished by the Contractor to illustrate a material, product or
system for some portion of the work.
2. Clearly mark each copy of submittal to identify pertinent
material, products, or models. Indicate required dimensions,
performance characteristics and capacities of significance to
design intent.
D. Samples:
1. Samples are physical examples which illustrate materials,
equipment or workmanship, and to establish standards by which
completed work will be judged.
2. Provide of sufficient size and quantity to clearly illustrate all
characteristics of item to be furnished.
3. Provide at job site in location acceptable to Architect.
2.05 LIST OF SUBCONTRACTORS AND SUPPLIERS
A. General: To ensure that the Owner or the Architect has no reasonable
objection to the Members of the Construction Team, the Contractor
shall furnish to the Architect in writing the names of all persons or
entities (including those who are to furnish materials or equipment
fabricated to a special design) proposed for each major item or
work. See General Conditions for provisions on this subject.
B. Content: Provide the following:
1. Names, address and telephone number.
2. Description of work to be accomplished.
2.06 OPERATION AND MAINTENANCE MANUALS
A. General: To assist the Owner in establishing an operation and
maintenance program for the project, the Contractor shall furnish
maintenance and operations information as required in each Technical
Section of these Specifications. (See SCHEDULE OF SUBMITTALS for
specific Sections of Technical Specifications.)
B. Contents: Where manuals are required to be submitted covering 'items
included in this work, prepare all such manuals in durable hardcover
three-ring binders approximately 8-1/2 by 11 inches in size and with
at least the following:
1. Permanent identification on the front cover stating the Project
Name(s) and general nature of the information contained within
the manual.
2. Neatly typewritten index near the front of the manual, furnishing
immediate information as to location in the manual of all
emergency data regarding the installation.
3. Complete instructions regarding operation and maintenance of all
equipment involved.
ORB 8929 page 3
bdl 4/26/89-2
MSR042486 SECTION 01300
SUBMITTALS
4. Complete nomenclature of all replaceable parts, their part
numbers, and name and address of nearest vendor of parts.
5. Copy of all guarantees and warrantees issued.
6. Copy of the reviewed Shop Drawings with all data concerning
changes made during construction.
C. Extraneous Data: where contents of manuals include manufacturers'
catalog pages, clearly indicate the precise items included in this
installation and delete, or otherwise clearly indicate, all
manufacturers' data with which this installation is not concerned.
2.07 SPARE PARTS AND 19 INTENANCE MA'T ERTAL
A. General: To assist the Owner in establishing his maintenance program
for the project certain spare parts and material are to be furnished
under this Contract. (See SCHEDULE OF SUEMETTALS for specific
Sections of Technical Specifications requiring spare parts and
maintenance material under this Contract.
PART 3 - EXECUTION
3.01 IDENTIFICATION OF SUEMTTALS
Completely identify each submittal and resubmittal by at least the
following information.
1. Name and address of the submitter, plus name and telephone number
of individual who may be contacted for further information.
2. Project title and ORB JOB NUMBER.
3. Drawing, schedule and detail number and Specifications Section
number to which submittal applies.
4. Whether submittal is an original or a resubmittal.
3.02 COORDINATION OF SUBMITTALS
A. Construction Schedule: Review and obtain concurrence of each
affected subcontractor, supplier and/or other prime Contractor before
submittal. Should it become evident that the Contractor will or may
fail to meet the scheduled dates as shown, the Contractor shall, upon
request, promptly submit revised schedules in the same form as
specified herein and will be required, at his own expense, to
increase his work force and/or working hours (second and third
shifts) as required to bring the actual completion dates of the
activities into conformance with the approved schedule. Execution of
the work, according to the approved schedule of construction or
approved modification thereof, shall be an obligation of the
Contract.
ORB 8929 page 4
bdl 4/26/89-2
MSR042486 SECTION 01300
SUEN ITI'ALS
B. Shop Drawing Erection Details Product Data and Samples:
1. Prior to Submittal: Review and approve all shop drawings,
product data and samples prior to submitting. In so doing, the
Contractor represents that he has determined and verified all
materials, field measurements, and field construction criteria
related thereto, and that he has checked and coordinated the
information contained within such submitals with the requirements
of the work and of the Contract Documents-
2. Original Submittal: Note any deviations from the Plans and
g
Specifications. The Contractor shall not be relieved of
responsibility for any deviation from the requirements of the
Contract Docunnents by the Architect's review of Shop Drawings,
Product Data or Samples unless the Contractor has specifically
informed the Architect in writing of such deviation at the time
of submission and the Architect has given written approval to the
specific deviation.
3. Resubmittal: Revise original submittal as required and
resubmit. The Contractor shall direct specific attention, in
writing or on resubmitted Shop Drawings, product Data or Samples,
to revisions other than those requested by the Architect on
previous Submittals.
3.03 REVIEW OF SUB=ALS By ARCHTECT
A. Architect will review all Submittals for general conformance with
design concept and Contract Documents. Markings or comments by the
Architect shall not be construed as relieving the Contractor from
responsibility for compliance with the project Plans and
Specifications nor allow departures therefrom. The Contractor
remains responsible for details and accuracy for confirming all
quantities and dimensions, for selecting fabrication processes, for
techniques of assembly, for performing work in a safe manner, and for
compliance with all governing codes and ordinances.
B. Architect will affix review stamp, date, and initials or signature
noting the review of the Submittal and indicating one or more of the
following: No exceptions taken; note markings; comments attached;
rejected; furnish as submitted; furnish as corrected; return revised
record copy; or resubmit.
3.04 TIMING OF SUBr4ITI'ALS
A. Construction Schedule Schedule of Values and List of Sub-Contractors
and Suppliers: Submit at least 10 days prior to the first
application for payment. Continually monitor the progress of the
work and provide updated Construction Schedule as required.
B. Progress Report: Submit monthly with the Application for Payment.
ORB 8929 page 5
bdl 4/26/89-2
MSR042486 SECTION 01300
SUBMITTALS
C. Shop Drawircls Erection Details Product Data and Samples:
1. Review, approve and submit far enough in advance of the schedule
dates of installation and in such sequence as to provide all
required time for reviews, for securing necessary approvals, for
possible revision and resubmittal, and for placing orders and
securing delivery. Allow at least two full weeks for Architect's
review following his receipt of the Submittal.
2. Color Samples: Submit all color samples for all products
reguirim color selection by the Architect within 60 days of the
award of Contract. All color samples must be submitted before
Architect will prepare "PROTECT COLOR SCBEDU E."
D. Maintenance and Operation Manuals:
1. Preliminary Submittal: Compile and submit for preliminary review
by the Architect at the date of substantial completion.
2. Final Submittal: Correct per Architect's conmients and resubmit
prior to final acceptance of Project.
E. Spare Parts and Maintenance Manual: Deliver to the Owner prior to
the time of substantial completion. Obtain a receipt from Owner and
submit to the Architect per the substantial completion check list.
3.05 NUMBER OF SUBMITTALS REQUIRED
A. General: Unless otherwise directed, provide the following mini.mm
number of copies of each type of Submittal (except as noted below for
"Reproducible Sepia" Shop Drawings) :
Owner --------------------------- 2
Design Team (ORB) ---------------- 1 3 copies to be retained
General Contractor:
- Office Copy -- - 1
- Field Copy -- --- 1 4 copies to be returned
Subcontractor Copy 1 to General Contractor
Supplier: 1
7 copies total
B. Shop Drawings and Erection Details: Provide one (1) set of
"reproducible sepias" and one (1) set of "blueline prints" for Shop
Drawing Submittals. When approved, only the "sepias" will be
returned to the Contractor for his duplication and further
distribution to his subcontractors and suppliers.
C. MAINTENANCE AND OPERATION MANUALS: Provide complete sets of General,
Mechanical and Electrical as follows:
- Owner — - 2
- ORB - -------- 1
3.07 APPLICATION AND CERTIFICATE FOR PAYMENT
Refer to page immediately following for ORB Document 201.
END OF SECTION
ORB 8929 page 6
bdl 4/26/89-2
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MSR111683
SECTION 01430
OUALITY ASSURANCES
PART 1 - GENERAL
1.01 SCOPE
A. Work Included•
1. Qualifications of Workmen
2. Preparations
B. Related Work Described Elsewhere:
1. Applicable Codes and Standards Section 01080
2. Submittal Section 01300
3. Quality Control and Testing
Laboratory Services Section 01400
4. Material, Equipment and Job
Conditions Section 01600
5. Technical Requirements Divisions 1 through 16 of
the Technical Specifications
1.02 OUA= ASSURANCES
A. Workmen: Contractor shall employ only those persons who are fit and
skilled in the performance of the work or tasks to be assigned to
them under the various Technical Specifications.
B. Preparations: Contractor shall provide all necessary supervision,
coordination and direction of the various trades involved with this
work to assure proper sequential and prepatory work is couplete prior
to the installation of the various materials and equipment specified
in the Technical Specifications.
PART 2 - PRODUCIS
2.01 GENERAL
Conform to the highest industry standards for each of the various trades
doing work on this project.
ORB 8929 page 1
bdl 4/24/89-1
MSR111683 SECTION 01430
QUALITY ASSURANCES
PART 3 - EXECUTION
3.01 WORIMEN
Provide at least one person who shall be present at all times during the
execution of the various work and installations of the various materials
and equipment who shall be thoroughly familiar with the materials and
equipment being installed, the referenced standards, and the requirements
of the work and who shall direct all work to be performed under the
various Technical Sections of these Specifications.
3.02 PREPARATION
A. Prior to installation of any material or equipment, carefully inspect
the installed work of all other appurtenant trades and verify that
all such previously installed work is corplete to the point where
subsequent installation may properly commence.
B. Verify that material and equipment may be installed in strict
accordance with the design, the approved Shop Drawings, and the
referenced standards.
3.03 WOPKVT NSHIP
Conform to the highest industry and trade practices for each of the
various trade areas of work specified throughout the Technical
Specifications.
END OF SECTION
ORB 8929 page 2
bdl 4/24/89-1
MSR032686
SECTION 01500
TEMPORARY FACILITIES
PART 1 - GENERAL
1.01 SCOPE
A. Work Included: ties and controls required for this work include, but
are not necessarily limited to:
1. Temporary utilities such as gas, water, electricity, and
telephone
2. Field offices and sheds
3. Sanitary facilities
4. Enclosures such as fences, tarpaulins, barricades, and canopies
5. Storage Areas (on-site)
6. vehicle parking
7. Access to site
B. Related Work Described Elsewhere:
1. Compliance with all safety requirements of pertinent regulations
is described in the GENERAL CONDITIONS of the CONTRACT and
SPECIAL PROVISIONS.
2. Installation and hook-up of the various utility lines are
described in the pertinent Sections of these Specifications.
3. Contractor Use of Premise Section 01010
1.02 PRODUCT HANDLIrIG
A. Protection: Use all meads necessary to maintain temporary facilities
in proper and safe conditions throughout progress of the work.
B. Replacements: In the event of loss or damage, immvediately make all
repairs and replacements as required by the Architect and at no
'additional cost to the Owner.
PART 2 - PRODUCTS
2.01 UTILITIES
A. Temporary Utilities:
1. General: Provide and pay all costs for all gas, water, and
electric energy required for the performance of the work beyond
what is available and normally supplied the site by the Owner.
2. Temporary Water:
a. Furnish and install all necessary temporary Piping and, upon
completion of the work, remove all such temporary piping.
b. Provide drinking water from a proven source for all those
connected with the work.
ORB 8928 page 1
bdl 4/24/89-1
SECTION 01500
MSR032686 TEMPORARY FACILITIES
3. Temporary Electricity:
a. Furnish and install all necessary temporary wiring-
b. Furnish and install area distribution boxes so located that
the individual trades may use their own construction-type
extension cords to obtain adequate power and artificial
lighting at all points where required.
c. Remove all temporary installations upon completion of the
work.
4. LightiM: Provide sufficient temporary lighting as needed to
ensure proper worlananship everywhere. Provide uniform lighting
equivalent to not less than three 100-watt incandescent lamps in
the kitchen work area.
5. Temporary Heat and Ventilation: provide all heating required by
project over and above what is available and normally supplied at
the site by the Owner. If heat is not currently available, heat
with self-contained Lp gas or fuel oil heaters, bearing UL, FM or
other approved labels appropriate for application. Vent
fuel burning heaters, and equip units with individual-space
thermostatic controls. Use electric-resistance space heaters
only where no other, more enemy-efficient type of heater is
available and allowable.
B. Telephone: Existing telephone located at the site may be utilized
by the Contractor with respect to related work. All costs for local
and long distance telephone calls shall be the Contractor's
responsibility during the on-site construction activity.
2.02 FIELD OFFICE AND SHEDS
Utilize a portion of the existing kitchen or furnish and install a field
office building adequate in size and accommodation for Contractor's
office, superintendent's office, supply and tool room; make the field
office available to the Architect throughout the entire construction
period. Lrxation of contractor provided field office(s) and/or
construction sheds shall be coordinated with and approved by the Owner
for each project site.
2.03 SANITARY FACILITIES
Utilize existing facilities on-site. Maintain in a sanitary condition at
all times. Clean all facilities at completion of the work.
2.04 TEMPORARY CONSTRUCTION MEASURES
A. : Furnish, install, and maintain for the duration of
construction all required scaffolds, tarpaulins, fences, barricades,
canopies, warning signs, dust barrier curtains, and other temporary
construction measures necessary for proper completion or security of
the work in compliance with all pertinent safety and other
regulations.
page 2
ORB 8928
bdl 4/24/69-1
MSR032686 SECTION 01500
TEMPORARY FACILITIES
B. Enclosure: Provide temporary enclosure where reasonably required to
ensure adequate workmanship and protection from weather and
unsatisfactory ambient conditions for the work, including enclosure
where temporary heat is used or where dust and debris from the
Contractor's operations must be, or are directed to be controlled,
limited or contained by the Architect.
2.05 PROJECT SIGN
Not applicable - N.I.C.
2.06 TEMPORARY FIRE ACCESS
A. Access for fire fighting equipment shall be provided to the immediate
job site at the start of construction.
B. All temporary fire access shall be maintained until all construction
is completed.
C. Arrangements shall be made to assure firemen and equipment immediate
access to the premises when called.
D. Procedures shall be established for prompt notification of the local
Fire Department in the event of a fire emergency during construction.
2.07 SEC[J=/PROTECTION PROVISIONS
A. General: The types of temporary security and protection provisions
required include, but are not limited to, fire protection,
barricades, warning signs/lights, site enclosure fence (optional) ,
sidewalk bridges, building enclosure/lockup, personnel security
program (theft prevention) , environmental protection, and similar
provisions intended to minimize property losses, personal injuries
and claims for damages at each project site. Contractor is
responsible for his security measures.
B. Buildinct Lockup: Secure kitchen area of building against
unauthorized entrance at all times when contractor personnel are not
working.
C. Stored Materials and Ecruipment: Contractor is responsible for
security of materials in place and in storage, and equipment placed
on site. The Owner shall not be held responsible for losses.
PART 3 - EXECUTION
3.01 REMOVAL
Maintain all temporary facilities as long as needed for the safe and
proper completion of the work; remove all such temporary facilities as
rapidly as progress of the work will permit or as directed by the
Architect.
END OF SECTION
ORB 8928 page 3
bdl 4/27/89-2
MSR091785
SECTION 01560
SPECIAL CONTROLS
PART 1 - GENERAL
1.01 SCOPE
A. Work Included:
Noise Control
Project Security
Dust Control
Land and Rights-of-Way
Hours of Work
Pollution Control
Waste Site for Debris
Protection of Existing Property
B. Related Work Described Elsewhere:
Individual Requirements: Pertinent Sections of these
Specifications
Contractual Requirements: General and Supplementary
Conditions
Subsurface Conditions and
APPENDIX "A" SOILS REPORT Section 02010
Earthwork Section 02200
PART 2 - PRODUCTS
2.01 NOISE CONTROL
Hold noise generated by construction and other associated activities to
absolute mi.ni.mm.
Comply with all applicable regulations in regard to noise levels.
2.02 DUST CONTROL
No visible airborne dust due to Contractor's activities will be allowed.
Immediately sprinkle for dust control when dust is generated.
Contractor will be held liable for subsequent damages caused by dust
generated by his activities.
2.03 POLLUTION CONTROL
Comply with all applicable pollution control laws, regulations and
ordinances.
ORB 8929 page 1
bdl 4/24/89-1
MSR071686 SECTION 01560
SPECIAL CONTROLS
2.04 LOCATION OF EXISTING PROPERTY
The Drawings do not purport to show all objects existing at the kitchen.
Prior to commencing work, carefully inspect the entire kitchen and
determine all elements of the work to be removed and to remain.
Locate all existing surface and subsurface utility lines, active pipes,
electrical and telephone lines whether or not they are a part of this
work. Verify with Architect all objects to be removed and all objects to
be preserved.
2.05 PROTECTION OF EXISTING PROPERTY
A. Use all means necessary to protect existing elements of the Site not
designated to be removed, work under this Contract and work by the
Owner and other Contractors. Protect adjacent property and the
public from damage or injury.
B. Notification of owners of underground facilities at least two full
business days prior to commencing any excavations, the contractor
shall provide notice of the scheduled excavation to all owners of the
underground facilities as required by Section 2(12) of Chapter 144
Washington State laws of 1984, RCW Ch. 19.122.
C. All water, gas, lighting, power or telephone conduit or wires, or
sewer lines, and other surface or subsurface structure or lines shall
be maintained and protected by the Contractor and shall not be
disturbed, disconnected or damaged by him during progress of the
work; provided that should the Contractor in the performance of the
work disturb, disconnect or damage any of the above, all expenses of
whatever nature arising from. such disturbance or in replacing or
repair thereof shall be borne by the Contractor. Contractor shall
first consult with utility owners regarding location of utilities and
acceptable methods of excavation and support to avoid damage to
utilities.
D. Maintain all roads, streets, street drains, sewers and existing site
drains open for free drainage at all times, except where closures are
s cifically required by the Work and approved by the local governing
authority.
2.06 PROTECT SECURITY
A. Basic Provisions: The Contractor shall comply with all rules and
regulations of the city and county authorities regarding the closing
of public streets or highways to the use of public traffic. No roads
shall be closed to the public except by express permission of the
applicable authority. The Contractor shall conduct the work so as to
ensure the least possible obstruction to traffic and normal
ORB 8929 page 2
bdl 4/24/89-1
MSR071686 SECTION 01560
SPECIAL CONTROLS
commercial pursuits. He shall protect all obstructions within
traveled roadways with approved signs, barricades, and lights where
necessary or where ordered by the Architect for the safety of the
public. The convenience of the general public, staff, and residents
adjacent to the work area(s) , and the protection of persons and
property is of prime importance and shall be provided for in an
adequate and satisfactory manner.
Whenever the Contractor's operations create a hazardous condition, he
shall furnish flagmen and guards as necessary to give adequate
warning to the public of any dangerous condition encountered.
B. Special Provisions: The Contractor's attention is especially
directed to the "Special Security" measures which will be required
in safeguarding the public, the work under construction and the
Contractor's employees, agents, materials, and equipment during the
course of construction.
2.07 PROPERTY AND RIGHTS-OF-WAY
A. Lands Provided by Owner: The Owner will provide certain property, as
indicated, in connection with work under the contract together with
the right-of-access to such property. The Contractor shall not
unreasonably encumber the premises with his operations or materials.
He shall notify the Owner 24 hours in advance of the time he intends
to occupy these property. No streets or private drives may be closed
off without a minim m of 24 hours notice to the Owner. Should the
Owner have adequate reason to limit access at the scheduled time,
notice shall be given to the Contractor, who shall reschedule his
work to meet the new condition.
B. Work Area and Parking: The Contractor shall obtain any additional
storage or work areas required and shall provide off-road parking for
employee parking.
2.08 HOURS OF WORK
The Contractor shall so schedule his operations that the work shall be
performed during the daylight hours of 7:00 a.m. to 7:00 p.m. However,
when necessary to complete the project within the time specified, work
may be undertaken during the hours of darkness; provided the Contractor
obtains approval of the Owner for work conducted between the hours of
7:00 p.m. and 7:00 a.m. and furnishes and operates during such period an
adequate and effective artificial lighting apparatus to ensure that all
work undertaken can be carried on satisfactorily in the manner
contemplated by the specifications.
2.09 WASTE SITE FOR EXCESS MATERIALS AND DEBRIS
No waste site has been approved for excess materials and debris removed
from the project. The Contractor shall pay all costs and make his own
ORB 8929 page 3
bdl 4/24/89-1
SECTION 01560
MSR071686 SPECIAL CONTROLS
arrangements for disposal of these materials and shall protect the
Owner from any and all damages arising therefrom. Refer to Section
02110 - DEMOLITION, for "Salvage to the Owner."
PART 3 - EXEC=ON
3.01 GENERAL
Contractor shall maintain Special Controls until "Final Acceptance" of
.the Project, and pay all costs associated with the execution of the
provisions of this Section.
END OF SECTION
page 4
ORB 8929
bdl 4/24/89-1
MSR091785
SECTION 01600
MATERIAL, EQUIPMENT AND JOB CONDITIONS
PART 1 - GENERAL
1.01 SCOPE
A. Work Included•
1. Product Delivery, Storage and Handling
2. Product Protection
3. Job Conditions
B. Related Work Described Elsewhere:
1. Applicable Codes and Standards Section 01080
2. Submittals Section 01300
3. Quality Assurances Section 01430
4. Technical Requirements Divisions 1 through 16 of
Technical Specifications
1.02 QUALITY ASSURANCE
Refer to Section 01430 - QUALITY ASSURANCE and comply with the specific
Standards which may be required under each Technical Specification.
1.03 RESPONSIBILITY
A. The Contractor shall be responsible for the delivery, inspection,
repair, storage and protection of all materials, equipment and
supplies to be incorporated into the work.
B. The Contractor shall be responsible for providing all required
coordination and control of the work sequence and base preparation to
assure that proper job conditions exist prior to installation of the
various Materials and Equipment specified throughout the TECHNICAL
SPECIFICATIONS.
PART 2 - PRODUCTS
2.01 MATERIAL AND EQUIPMENT
A. All material and equipment to be incorporated into the work and
become a part of the final product shall be:
1. New:
o "Current" model or type where applicable.
o "Previous model year" or "old unused/new" equipment is not
acceptable.
ORB 8929 page 1
bdl 4/24/89-1
MSR091785 SECTION 01600
MATERIAL, EQUIPMENT AND JOB CONDITIONS
2. Unused.
3. Of the quality specified; or if no specific quality is specified,
as approved.
PART 3 - EXECUTION
3.01 PRODUCT DELIVERY, STORAGE AND HANDLING
A. Delivery:
1. Deliver materials free of defects, mars and abrasions.
2. Deliver material in the original unopened packages with all tags
and labels intact and legible.
3. Deliver to the job site in a timely manner to ensure orderly
progress of the total work.
B. Inspection and Repair: Inspect material and equipment upon delivery
for damage. Minor damage may be repaired provided the finished items
are equal in all respects to new work and acceptable to the
Architect; otherwise, remove and replace damaged items as directed.
3.02 PRODUCT STORAGE PROTECTION AND HANDLING
A. Storacte:
1. Store all material, equipment and supplies in a location and in a
manner approved by the Architect.
2. Store all material and equipment in a position such that it will
not be damaged or vandalized.
3. Impose no external loads sufficient to cause damage.
4. Preserve intact all protective covers.
5. Protect from damage due to weather and other causes.
6. Provide special environmental controls when necessary to protect
materials or equipment.
7. Prevent spillage into any waterway, groundwater or soils.
B. Protection:
1. contractor shall take all precautions necessary to insure safe
and se cur e storage for materials and equipment before, during and
after installation.
2. Provide all insurance as required by General and Supplemental
conditions for material stored "on site" or "off site."
3. Contractor shall solicit from and comply with all special
storage, and protection requirements, that specific material or
equipment suppliers and manufacturers may recommend or require.
4. Remove all flammable rubbish which may constitute a fire hazard
from the project daily.
5. clean up and remove any contaminated soils or groundwater in the
event of spill or contamination.
ORB 8929 page 2
bdl 4/24/89-1
MSR091785 SECTION 01600
MP.TE UAL, EQUIPMENT AND JOB CONDITIONS
C. Handlim:
1. Contractor shall ascertain and comply with all special handling
requirements recanmiended by material and equipment suppliers and
manufacturers.
2. Contractor shall cover and protect the exposed surfaces of finish
material and equipment so as to avoid damage to finishs during
installation.
3.03 JOB CONDITIONS
A. Coordination Between Trades: Coordinate work with all trades to
insure proper sequence of installation. Work installed out of
sequence may be required to be removed and replaced to per-mit proper
installation of materials.
B. Inspection Prior to Installation:
1. Prior to installation of the work, carefully inspect t-ie
installed work of all other trades and verify that all such work
is completed to the point where this installation may properly
conmience.
2. Verify that all materials and components are fabricated in strict
accordance with the original design, the approved Shop Drawings
and the referenced standards.
C. Scheduling:
1. Schedule delivery of equipment and work in this Section so that
damage does not occur from work by other trades.
2. Schedule installation of all materials and equipment in
accordance with approved Project Schedule and in proper erection
sequence-
D. Discrepancies: In the event of discrepancy, immediately notify the
affected trades and Architect. Do not proceed with fabrication or
installation in areas of discrepancy until all such discrepancies
have been fully resolved.
E. Replacements: In the event of damage, before, during and or after
installation of any material, equipment or system, immediately make
repairs and replacements necessary to the approval of the Architect
at no additional cost to the Owner.
END OF SECTION
ORB 8929 page 3
bd1 4/24/89-1
MSR091785
SECTION 01640
SUBSTITUTION AND PRODUCT OPTION
PART 1 - GENERAL
1.01 SCOPE
A. Work Included: The Technical Specifications describe the products
and methods required for the accomplishment of the work. The
Architect may allow substitution of products and equipment when they
are approved in accordance with the provisions of this Section. No
substitute material equipment or method shall be utilized unless it
has been specifically approved by the Architect.
B. Work Described Elsewhere:
1. Contractual Requirement: General and Supplementary
Conditions
2. Submittals Section 01300
1.02 SUBSTITTJTION HANDLING
All requests for substitution of products and methods must be made in
accordance with the provisions of this Section and must be accorpanied by
full and complete Technical Data and all other information required for
the Architect to evaluate the proposed substitution.
1.03 CONTRACTOR RESPONSIBILITY FOR SUBSTITUTION
The Contractor warrants all substitutions to be "equivalent" or
"superior" in all respects, to that specified and will provide the same
guarantee for the product or method substituted as for the product or
method originally specified. He further warrants that he shall pay all
additional costs which the substitution might cause to the Owner, the
Architect or other Contractors.
1.04 ARCHITECT'S AUTHORITY
The Architect shall be the sole judge of the equivalence of any "proposed
substitution" and which products do or do not qualify as "or equal."
PART 2 - PROL'UCI'S
2.01 ALLOWABLE SUBSTITUTIONS
Products specified by naming one or more manufacturer(s) and
qualified by the statement "Or Approved Equal," "Or Equal," or
simply are not qualified by the statement "No Substitutions."
ORB 8929 page 1
bdl 4/24/89-1
MSR032686 SECTION 01640
SUBSTITUTION AND PRODUCT OPTION
2.02 NON-ALIOWABLE SUBSTI=ONS
A. Products specified by naming one or more manufacturers and qualified
by the statement "No Substitution."
B. Substitution which will require substantial revision of Contract
Documents.
2.03 AD:TUSIMENT TO DESIGN BECAUSE OF SUBSTITUTION
Should the Contractor propose a substitution, he shall be responsible for
making all adjustments to the substituted product or method or to the
area or facility into which it is to be installed, at no additional cost
to the Owner or to other Contractors. If, in the opinion of the
Architect, the proposed substitution requires a revision to the Contract
Documents or necessitates other work which causes him "additional costs,"
the Contractor shall pay for the "additional costs" of such Work. These
costs shall be deducted from the Contract Sum, to become due the
Contractor under the "CONTRACT" between Owner and Contractor, by Change
Order.
2.04 SUBSTTT[FI'ION PRIOR TO BID OPENING
Architect will review proposals for substitutions which are received at
least four working days prior to bid date. Requests received after that
date will not be considered until after the bid opening. "Review" of
"Proposed Substitutions" made prior to bid opening will, if time allows,
be acknowledged by Addenda delivered to all "Planholders of Record,"
listed on the current Planholder List.
2.05 SUBSTIT[ITIONS AFTER NOTICE TO PROCCE'E�D
Architect will review proposals for substitutions which are received
within thirty (30) days after the date of NOTICE-TO-PROCEED. After that
time no further substitutions will be considered.
PART 3 - EXECUTION
3.01 IDENTIFICATION OF PROPOSED SUBSTITUTION
Completely identify each submittal and resubmittal by showing at least
the following information:
A. Name and address of submitter, plus name and telephone number of the
individual who may be contacted for further information.
ORB 8929 page 2
bdl 4/24/89-1
MSR032686 SECTION 01640
SUBSTITUTION AND PROIXJCr OPTION
B. Name of project as it appears in these Specifications.
C. Drawing Number and Specifications Section Number to which the
Submittal applies.
D. Utilize same name or title used on Drawing or in Specification-
E. Submittals which are "incomplete," obvious or apparent "flyers," or
contain confusing and extraneous information applicable to other
products and/or systems which are not pertinent to the "proposed
substitition," will be rejected as "nonresponsive."
3.02 S=SSION OF REQUESTS FOR UTION:
Include the followiW information:
A. Complete data substantiating "compliance with" and "equivalence of"
the proposed Substitution with the Contract Documents.
1. For products:
a. product identification, including manufacturer's name and
address.
b. Manufacturer's literature:
(1) product description
(2) Performance and test data
(3) Reference standards
c. Samples.
d. Name and address of similar projects on which product was
used, and date of installation.
2. For methods•
a. Detailed description of proposed method.
b. Drawings illustrating methods-
B. Itemized comparison of Proposed Substitution with product or method
specified.
C. Data relating to changes in design and/or Construction Schedule.
D. Accurate cost data on Proposed Substitution in comparison with
product or method specified.
E. provided the following number of copies of "Proposed Substitution"
Submittals:
1. Prior to "BID OPENING" --- Two (2) copies
2. After "CONTRACT' AWARD" --- Five (5) copies
END OF SECTION
ORB 8929 page 3
bdl 4/24/89-1
MSR091785
SECTION 01700
pRQTECr AEM=SI'RATION AND CLOSE OUT
PART 1 - GENERAL
1.01 SCOPE
A. Work Included•
1. Pre-Construction Procedure
- Pre-Construction Documents
- Pre-Construction Conference
2. Project Record Documents
- On-site Record Documents
3. Substantial Completion Procedure
4. Final Completion Procedure
B. Work Included Elsewhere:
1. Performance Bond and Labor
and Material Payment Bond Supplementary Conditions
2. Insurance Requirements Supplementary Conditions
3. Allowances Section 01020
4. Submittals Section 01300
PART 2 - PROCEDURES AND DOC[JMIIVrI'S
2.01 PRE-CONSTRUCTION PROCEDURE
A. General: The pre-construction period is the time between the Award
of the Contract and the beginning of construction.
B. Pre-Construction Documents: Four original copies of all
Pre-Construction Documents are required for incorporation into the
Contract Documents.
1. pE 'FoRMANCE BOND and LABOR AND MATERIAL PAymENT BOND shall be on
forms approved by the Owner's legal counsel. Refer to
Supplementary Conditions.
2. CERTIFICATE OF INSURANCE shall show all insurance coverages
required by the Supplementary Conditions.
3. POWER-OF-ATIORNEy: The execution of all Performance Bonds,
payment Bonds, and Contract Documents requires a suitable
Power-of-Attorney form, unless the individual signing is a bona
fide officer of the Corporation or Company. Each
power--Of-Attorney form shall set forth the provisions of the
Corporation by-laws governing who has the authority to execute
Contracts for the Corporation.
4. CONTRACDOR'S LICENSE: Provide photocopies of State Contractor's
License on 8-1/2" x 11" sheets.
ORB 8929 page 1
bdl 4/24/89-1
MSR071686 SECTION 01700
pROTECT AmUNISTRATION AND CLOSE OUT
2.02 PROJECT RECORD DOCUMIIdrI'S
A. General: To insure an accurate record of all on-site changes made
during the progress of the work, the Contractor shall establish and
maintain an "ON-SITE RECORD DOCUMENT PROCEDURE."
B. On-Site Record Documents: ON-SITE RECORD DONS are a printed set
of the Contract Drawings and Specifications so designated and located
at the job site, upon which the Contractor shall indicate all
differences between the Contract Work as drawn and as installed.
These differences shall include but not be limited to all:
- Changes resulting from "accepted" Change Order Work.
- Changes resulting from "field directions" which may or may not be
documented by Change orders-
- Changes resulting from Contractor's decisions which are approved
by the Architect.
Additionally all Work which has been defined by "Schematic Layout"
(i.e. electrical wiring, plumbing, etc.) shall be recorded as to the
actual routing and layout selected and installed by the Contractor.
2.03 SUBSTANTIAL COMPLETION
The Substantial Completion Procedure identifies the sequential steps
which shall be taken by the Contractor as the project nears the "Date of
Substantial Completion." Refer to SPECIAL CONDITIONS - I, Page 1,
Paragraph E, for definition of "Substantial Completion."
2.04 FINAL COMPLETION PROCEIXJRE
The Final Completion Procedure identifies the sequential steps which
shall be taken by the Contractor as the project nears the "Date of Final
Completion."
PART 3 - EXECUTION
3.01 PRE-CONSTRUCTION
A. General: Within ten (10) days following Notification of Award of
Contract, the Contractor shall submit the required Pre-Construction
Documents. These documents will be bound into the "Official Contract
Documents" prior to transmittal to the Contractor for execution. The
owner will execute the Contract Documents following the execution by
the Contractor. The Date of the Contract, Performance Bond and
Payment Bond shall be the date of execution by the Owner.
ORB 8929 page 2
bdl 4/24/89-1
MSR071686 SECTION 01700
PRQ7ECT ADMINISTRATION AND CLOSE OUT
B. Pre-construction conference: Prior to the beginning of construction,
the Owner will schedule a meeting with representatives of the Owner,
Architect, Contractor, major subcontractors and other interested
parties to discuss project procedures and requirements.
3.02 ON-SITE RECORD DOCUMENTS
The Contractor and each subcontractor sha11 continuously monitor the work
and at the end of each work day shall record, in a red pencil, all
"Changes to the Work." No work shall be concealed until the required _
information has been recorded. The Architect will review the current
status of these documents during each site inspection trip and shall
expect that they are current, complete to date and accurate.
3.03 SUBSTANTIAL CCMPLE'I'ION PROCED[JRE
A. When the contractor considers that the work, or a designated portion
thereof, which is acceptable to the Owner, is Substantially Complete
as defined in subparagraph E. of the SPECIAL OONDITIONS, the
Contractor shall prepare for submission to the Architect the
following items:
1. A comprehensive PUNCH LIST of remaining items to be completed or
corrected: The failure to include any items on such list does
not alter the responsibility of the Contractor to complete all
work in accordance with the Contract Documents.
2. The marked-up ON-SITE RECORD DOCUMENTS for review by the
Architect.
3. Updated names, addresses and telephone numbers of all
subcontractors and material suppliers: Refer to Section 01300 -
SUBMITI'ALS.
4. Bound Manual containing copies of all GUARANTEES, WARRANTIES,
BONDS and MATERIAL CERTIFICATIONS: Refer to Section 01300 -
SUBMITTALS.
5. Receipts from the Owner for all SPARE PARTS and nkr= NCE
NATERIA S required by the technical sections of the
specifications: Refer to Section 01300 - SUEPlITI'ALS.
6. All PEm'IITS "signed off by recLulatina aaency": This requires
that final inspections are complete and approval for occupancy
has been granted.
The following permits are noted as a minimmi - there may be
others: (Contractor shall verify and coordinate with the
applicable agencies.)
a. "CERTIFICATE OF OCCUPANCY" from governing building department
or TEMPORARY CERTIFICATE OF OCCUPANCY if necessary.
b. ELECTRICAL PERMIT
c. PLUMBING PERMIT
d. KING COUNTY HEALTH DEPARTMENT PERMIT
e. Other: (List)
ORB 8929 page 3
bdl 4/24/89-1
SECTION 01700
MSR071686
PRQTECT AEU=STRATIC1I AND CLOSE OUT
B. The Architect shall inspect the work and shall add to this punch list
any additional items requiring completion or corrections.
C. When the Architect, on the basis of on-site observations, determines
that the work, or designated portion thereof, is SUB=�LLY
CCMPL=, he will then prepare a CERTIFICATE OF SUBgL"-?TIAL
COMPLETION which shall establish the DATE OF SUBSTANTIAL COMPLETION,
shall state the responsibilities of the Owner and the Contractor for
security, maintenance, heat, utilities, damages to the work, and
insurance.
D. Warranties or Guarantees required by the Contract Docu ments shall
=mvrice on the DATE OF SUBSTANTIAL ccMPLETION of the ,cork or
designated portion thereof unless otherwise provided in the
CEFd'IFICATE OF SUBSTANTIAL COMPLEr 0N.
E. The Architect will then submit the CERTIFICATE OF SUBSTANTIAL
COMPLETION to the Owner and the Contractor for their written
acceptance of the responsibilities assigned to them in such
Certificate.
F. Upon issuance of the CERTIFICATE OF SUBSTANTIAL COMP)-=ON by the
Architect, the Contractor shall pursue the completion of all "PUNCH
LIST ITEMS" expeditiously with adequate forces to brim the project
to FINAL COMPLETION within thirty (30) days of the DATE OF
SUBSTANTIAL COMPLETION. The Architect will make only one (1) on-site
inspection at the time of SUBSTANTIAL COMP=ON. The Contractor
should be aware that FINAL COMPLETION is rectu' within 30 days of
the DATE OF SUBSTANTIAL COMPLETION. Construction observation costs
incurred by the Architect or the Owner for extension of the Contract
beyond this 30 day period, or for additional or repeated construction
observations will be deducted from monies due the Contractor.
G. The Contractor shall also be aware that the Architect's Contract with
the Owner states that when the Architect is required to provide
construction administration services in excess of 30 days beyond the
CONTRACT SUBSTANTIAL CLCMPILTION DATE, the Owner shall be billed for
such additional services. These additional cost for the Architect's
services caused by a delay of the project in excess of 30 days shall
be deducted by the Owner from monies awing the Contractor.
H. If the Contractor fails to complete the Work by the SUBSTANTIAL
COMPLETION DATE stated in the PROPOSAL FORM, TIME FOR cctT�eON, (or
such extension of that date which might be granted by ) he
shall pay the Owner as fixed and agreed "liquidated darnag s," the
after
amount stated in the PROPOSAL FORM for each caleridar day
until the Project is SUBSTANTIALLY COMPLETE. The Contractor, by
signing the Contract, authorizes the Owner to deduct such LIQUIDATED
DAMAGES and the cost of "Additional Construction Observation" and
"Construction Administration" from the amount due, or to became due,
the Contractor. The Contractor further agrees that any such
deduction shall not release him from further obligations and
liabilities in respect to the fulfillment of the entire Contract.
ORB 8929 page 4
bdl 4/24/89-1
MSR071686 SECTION 01700
PROTECT AL1MINISTRATION AND C-OSE OUT
3.04 FINAL COMPLETION PROCEDURE
A. Submit written certification that the work is fully complete in
strict accordance (100%) with Plans, Specifications, Addenda and
Change Orders and the "Substantial Completion Punch List."
B. Submit the APPLICATION FOR FINAL PAYMENT and the APPLICATION FOR
PAYMENT OF RETAI AGE.
C. Upon receipt of written notice that the work is ready for final
observation and acceptance, and upon receipt of a final Application
for Payment, the Architect will promptly make such observation and
will notify Contractor of established time and date for final
observation.
D. When the Architect finds the work acceptable under the Contract
Documents and the Contract fully performed, he will promptly issue a
FINAL CERTIFICATE FOR PAYMENT stating that to the best of his
knowledge, information and belief, and on the basis of his
observations and inspections, the work has been completed in
accordance with the terms and conditions of the Contract Documents
and that the entire balance found to be due the Contractor, and noted
in said final Certificate, is due and payable. The Architect's
issuance of the "Final Certificate for Payment" will constitute a
further representation that the conditions precedent to the
Contractor's being entitled to Final Payment have been fulfilled.
E. Should however the Architect find the work to be incomplete and not
in accordance with the Contract Documents or that items of the punch
list have not been completed or corrected, he shall prepare a second
punch list.
All Observation Services and Construction Administration Services
provided by the Architect after preparation of the second punch list
shall be billed to the Owner under the terms of the OWNER-ARCIIITECT
AGREEMENT. The Owner will then deduct the costs of all subsequent
"Additional Construction Observation and Administration Services"
from money owing the Contractor. Thus, the Contractor is advised
that he shall be careful to ascertain that the job is 100 percent
complete prior to requesting final observation by the Architect to
avoid incurring such "additional costs."
F. Prior to issuance of the FINAL PAYMENT or the remaining RETAINED
PERCENTAGE the Contractor shall submit the following:
1. AFFIDAVIT OF 4VGES PAID for the General Contractor and all
subcontractors on official state forms.
2. AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS on AIA Document G706.
3. AFFIDAVIT OF RELEASE OF LIENS on AIA Document G706A.
4. CONSENT TO SURETY TO FINAL, PAYMENT on AIA Document G707.
5. CONSENT OF SURETY TO REDUCTION IN OR PARTIAL PELEASE OF RETAINAGE
on AIA Document G707A.
6. MAINTENANCE AND OPERATION MANUALS: The costs for this work will
be paid for under the provisions of Section 01020 - ALLOWANCES.
ORB 8929 page 5
bdl 4/24/89-1
MSR071686 SECTION 01700
PROTECT AEU1INISTRATION AND CLOSE OUT
7. Should the Contractor fail to furnish the OPERATION AND
MAINTENANCE MANUALS as identified above, the Owner shall deduct
the amount of the ALIDWANCE from the Final Contract Amount, and
the Architect may prepare the Documents, billing the Owner
accordingly for their preparation.
G. If any subcontractor refuses to furnish a release or waiver from
potential liens required by the Owner, the Contractor may furnish a
bond, satisfactory to the Owner, which would indemnify the Owner
against any such lien.
H. If any lien remains unsatisfied after all payments have been made to
the Contractor, the Contractor shall refund to the Owner all monies
that the Owner may be compelled to pay in discharging such lien,
including all costs and reasonable attorneys' fees.
END OF SECTION
ORB 8929 page 6
bdl 4/24/89-1
MSR091785
SECTION 02110
DEMOLITION
PART 1 - GENERAL
1.01 SCOPE
A. Work Included: Perform all required demolition indicated. Retain
and direct trades, workmen and specialists necessary to accomplish
required work. Demolition required for this work includes, but is
not limited to removal of designated or required:
1. Vinyl tile floors.
2. Existing utility lines, including disconnection.
3. Portions of existing walls.
4. Commercial appliances:
- grill/oven hood
- refrigerator
- 3-compartment sink
- dishwasher
5. Cabinets.
6. Doors and frames.
7. Gypsum wallboard.
8. Plumbing fixtures.
9. Domestic water circulation piping.
10. Lighting fixtures and electrical service.
11. Exhaust fan.
12. Miscellaneous construction reuqired to complete work.
13. Removal of all debris.
B. Related Work Described Elsewhere:
Carpentry Section 06105
C. Responsibility: The General Contractor is responsible for all
demolition work and must retain and direct all trades, workmen and
specialists necessary to accomplish the required work indicated on
the Drawings and as noted in this Section.
E}{Ce�t: The Mechanical and Electrical Contractors (Subcontractors)
are required to disconnect, cap off, re-route or remove for reuse all
existing active utilities as shown on Drawings, noted in the
Specifications, or as required.
D. Existing Conditions: Drawings of existing conditions are for
Contractor's general reference. Contractor shall carefully examine
existing conditions and accept existing site improvements and
structures "as is."
The Contractor shall visit the PROJECT SITE and acquaint himself with
all existing conditions prior to bidding. Bidders may make their own
investigations to satisfy themselves as to site conditions, but such
investigations shall be performed only under time, schedules and
arrangements approved in advance by the Owner.
ORB 8929 page 1
bdl 4/24/89-1
MSR071786 SECTION 02110
DEMOLITION
E. Alternates: Refer to Section 01100 - BASE BID AND ALTERNATES for
possible effect on work of this Section.
1.02 OUA= ASSURANCE
A. Codes and Standards: Refer to Section 01080 for APPLICABLE CODES
AND STANDARDS.
B. Blasting and Burning: On-site blasting and burning will not be
permitted.
PART 2 - PRODUCTS
2.01 SALVAGE
A. To Owner: Retain salvage for the Owner as noted below, in other
sections, specifically indicated on drawings or as noted for reuse,
and store as directed (refer to paragraph 3.07) :
1. grill/range/hood
2. 3-compartment sink
3. stainless steel counters
4. commerical dishwasher
5. ccnm)ercial refrigerator/freezer
6. base and wall cabinets
B. For Reuse: Only as may be indicated (refer to paragraph 3.08) .
C. To Contractor: All other salvage becomes Contractor's property.
Remove from site at Contractor's expense.
PART 3 - EXECUTION
3.01 INSPECTION
A. Carefully inspect area of work and determine existing conditions.
B. After completion of removal of non-structural ceilings, wall
coverings, furring, piping, ducts and the like, notify
Architect/Engineer for visual inspection of exposed components and
any possible damage caused by demolition work.
C. Do not remove any bearing walls, beams, joists, structural steel or
other supporting structure until conditions are exposed for
Architect/Engineer's observation and instructions.
ORB 8929 page 2
blt 5/5/89-2
MSR071786 SECTION 02110
DEMOLITION
3.02 PREPARATION
A. Notification: Notify the Architect at least two full working days
prior to commencing the Work in this section.
B. Verification: Verify with the Architect all objects to be removed
and all objects to be preserved prior to beginning work.
C. Protection of Existing Structures:
1. Protect from damage those portions which are to remain.
2. Do not interfere with neighboring buildings or activities.
a. protect adjacent structures, rooms and facilities from
damage.
b. Cooperate with the Owner in maintaining their continuous
operation during the Contractor's use of site.
3. Perform demolition by methods that will protect persons, existing
materials, and structures.
D. Utilities:
1. Keep active utilities intact and in continuous operation.
2. Maintain street drains and sewers open for free drainage.
3. Do not shut off or cap utilities affecting operations of balance
of facility without prior 48 hour scheduling with Architect.
E. Existing Load-Carina Members: Do not remove until all temporary
shoring and supporting structure is properly in place.
3.03 UNDERPINNING AND SHORING (Where required by the Contractor's operations)
A. Design of Shoring:
1. Engage and pay for an Engineer experienced in the design of
shoring to design all shoring.
2. Contractor to bear full responsibility for temporary shoring.
3.04 DEMOLITION
A. Remove all portions of buildings designated to be removed.
B. Remove all existing improvements designated on the drawings for..
removal.
C. All existing improvements which will require removal to acccuplish
the new work described by the drawings and/or specifications, but are
not specifically designated for removal, shall be verified with the
Architect prior to removal and removed at the Contractor's expense,
if required.
ORB 8929 page 3
bdl 4/24/89-1
MSR071786 SECTION 02110
DEMOLITION
3.05 DAMAGED WORK
Repair or replace entirely, as required by Architect, any portion of work
or existing construction damaged during demolition which was not noted
for removal or is determined to be necessary to be replaced as an
integral part of the final product.
3.06 REMOVAL OF DEBRIS
A. Remove all debris from the site and leave the site in a neat and
orderly condition to meet approval of the Architect.
B. All hauling and disposal of debris shall be at the Contractor's
expense.
3.07 HANDING OF MATE= SALVAGE TO BE RETAINED BY THE OWNER
A. Items of "SALVAGE TO THE OWNER" which are not designated for "re-use"
shall be transported to a designated Owner-owned storage area within
the Kent City limits and properly stockpiled by the Contractor where
directed.
B. Contractor shall perform all removal, handling and transfer of
materials to the designated storage area.
C. The specific site to be determined by the Owner. Contractor to
confirm this location at least one week in advance of need.
D. Contractor to store and protect materials prior to transfer.
3.08 HANDLING OF MATERIAL SALVAGE TO BE RETAINED AND REUSED ON THE PROJECT
A. Contractor shall perform all removal, handling and storage.
B. Store on-site with proper protection and security in preparation for
reinstallation by the Contractor.
END OF SECTION
ORB 8929 page 4
bdl 4/24/89-1
MSR053086
SECTION 06105
CARPE[�'I'RY
PART 1 - GENERAL
1.01 SCOPE
A. Work Included: Carpentry required for this Work includes, but is not
limited to:
Rough Carpentry
1. Rough Lumber
2. Rough Hardware
3. Attachments
4. Metal Accessories
Finish Carpentry
1. Interior
2. Millwork
B. Related Work Described Elsewhere:
1. Temporary Facilities Section 01500
2. Cabinet/Residential Kitchen Section 11900
C. Alternates: Refer to Section 01100 - BASE BID AND ALTERNATES for
possible effect on Work in this Section.
1.02 ASSURANCE
A. Codes and Standan3s: Refer to Section 01080 - APPLICABLE CODES AND
STANDARDS.
Work in this Section shall be provided in conformance with current
editions and the applicable provisions of:
UBC Uniform Building Code
AITC American Institute of TimberConstruction
ALS American Lumber Standard PS 20-70
WCLB West Coast lumber Inspection Bureau
WWPA Western Wood Products Association (WWP)
B. Evidence of Grade: Each piece of lumber stamTed with grade mark and
trademark of the Association having jurisdiction, or each shipment
accompanied by an official "Certificate of Inspection and
Compliance."
C. Evidence of Moisture Content: Furnish moisture content certificates
if and when required.
ORB 8929 page 1
bdl 4/24/89-1
MSR053086 SECTION 06105
CARPENTRY
1.03 PRODUCT DEL=Y, STORAGE AND HANDLING
Refer to Section 01600 - MATERIAL, EQUIPMENT AND JOB CONDITIONS.
1.04 SUBSTITUTIONS
Refer to Section 01640 - SUBSTITUTION AND PRODUCTION OPTION.
PART 2 - PRODUCTS
2.01 ROUGH CARPENTRY MATE RTATS
A. Maximum Moisture Content (When delivered to Proiect) : Unless
otherwise noted all wood embedded in masonry or concrete: 15 percent
(MC 15) or less; all other materials: 19 percent (S-DRY) or less.
B. Rough Lumber:
Species: DOUGLAS FIR-LARCH; HEM-FIR;
or approved equal
Seasoning: - S-DRY
Size: -- ---- Refer to Drawings
Surfacing: --- S4S
Grade/Stress:
- Light Framing (411x4" & Smaller) : - Construction - DF
- Studs (411x4" & Smaller) Load Bearing: Standard or BIR - HF
- Structural Light Framing
(2" to 4" Thick; 2" to 4" Wide)
Load or Non-Load Bearing: — No. 2 or BTR (1650 psi rep)
C. Rough Hardware:
Type: - Provide sizes, types and
quantities required by
Building Code or hereinafter
specified for installation
of all Work shown on
Drawings and specified
herein
Shop Treatment: — Galvanized
D. Attachments (Wood to masonry or concrete) : Approved galvanized metal
plugs or inserts.
E. Metal Accessories:
Manufacturer: - As noted on the Drawings; if
not noted: HECFMAN, TIMBER
ENGINEERING, SIMPSON or
approved equal
Joist Hangers: -- Stock
ORB 8929 page 2
bdl 4/24/89-1
MSR053086 SECTION 06105
CARPENTRY
Framing Connectors: - --- Stock or special as detailed
Fasteners: Nails, screws, bolts
recommended by accessory
manufacturer for specific
application
Shop Treatment: Galvanized
2.02 FINISH CARPENTRY
A. Interior Wood Trim:
Seasoning: ----- MC 15
Species: - - DOUGLAS FIR
Dimension: Standard except as
dimensioned on Drawings
Grade: - 1. Select B & BTR (1 & 2
Clear)
2. Finish PRIME FINISH VG
(Vertical Grain)
3. Approved better per WWP
Surface Finish: - S4S
B. Plastic Laminate: Unless otherwise specified in Section 11900 -
CABINETS/RESIDENTIAL KITCHEN, utilize the following:
Manufacturer: --- - ---- WIT-SON ART, FORMICA or
approved equal
Grade: --------- — To meet NEMA Standards for
Vertical Grade
Balancing Sheet: -------- ------- Heavy gauge high pressure
plastic laminate. NE MA
Standards for Vertical Grade
Thickness: ---- --- 1/16" Minimum
Color: - As selected from
manufacturer's standard
PART 3 - EXECUTION
3.01 JOB CONDITIONS
Refer to Section 01600 - MATERIAL, EQUIPMENT AND JOB CONDITIONS.
3.02 INSTALLATION
A. General:
1. Workmanship•
a. Carefully lay out, cut, fit, and install carpentry items-
b. Install work to true lines, plumb and level, unless indicated
otherwise.
ORB 8929 page 3
bdl 4/24/89-1
MSR053086 SECTION 06105
CARPENTRY
c. Use sufficient nails, spikes, screws and bolts to insure
rigidity and permanence.
d. Conform to UBC, Table 25P for nailing, unless otherwise noted
on Drawings.
e. Drive nails perpendicular to grain of wood in lieu of
toe-nailing, where feasible.
f. Where wood engages masonry or concrete, provide approved type
metal plugs or inserts, spaces as required for a rigid and
permanent installation.
2. Wood Blocking: Provide as necessary for surface-attached and
built-in items.
B. Rough Carpentry:
1. Frame Construction:
a. Joists and Rafters: Set with crown side up; lap and spike
together over intermediate bearings where so detailed.
Provide double headers and trinmiers.
b. Solid Blocking: Provide nominal 2-inch solid blocking over
bearing, 2 inches less than depth of roof joists.
C. Finish Carpentry:
1. Wood Facias and Trim:
a. Sizes as shown on Drawings.
b. Miter all corners.
c. Use only galvanized finish nails.
2. Wood Accessories:
a. Install wood members in single lengths.
b. Secure with hot-dip galvanized screws or bolts as detailed.
3. Millwork:
a. Install running trim in as long lengths as feasible.
b. Miter casings and mouldings.
c. Glue joints with waterproof glue.
d. Use finish nails, set for puttying, except where screws are
required.
e. Clean up after installation with fine sandpaper or steel
wool.
f. Remove sharp external corners.
END OF SECTION
ORB 8929 page 4
bdl 4/26/89-2
MSR071886
SECTION 07600
FLASHING AND SHEET METAL
PART 1 - GENERAL
1.01 SCOPE
A. Work Included: Work includes but is not limited to all flashing and
sheet metal shown on the Drawings.
B. Related Work Described Elsewhere:
1. Sealants Section 07900
2. Appliance Exhaust Ducts Section 11400
C. Alternates: Refer to Section 01100 - BASE BID AND ALTERNATES, for
possible effect on work in this Section.
1.02 QUALITY ASSURANCE
A. Codes and Standards: Refer to Section 01080 - APPLICABLE CODES AND
STANDARDS, and the following:
1. SMACNA - SHEET METAL AND AIR CONDITIONING CONTRACTORS NATIONAL
ASSOCIATION, INC. : Comply with pertinent recommendations
contained in "ARCHITECTURAL SHEET METAL MANUAL," current edition.
2. ASTM - AMERICAN SOCIETY OF TESTING MATERIALS: B32 Solder Metal.
1.03 SUH=ALS
A. Submit in accordance with Section 01300 - SUBMITTALS.
B. Submit complete Shop Drawings of all flashing and sheet metal
proposed to be furnished and installed.
PART 2 - PRODUCTS
2.01 GENERAL
A. Minimum Gauges: Provide gauges indicated on the Drawings or
specified herein. If gauges are not indicated on Drawings, or
otherwise specified herein, furnish and install the "highest quality"
and "gauge" commensurate with SMACNA standards and the following
"schedule of minimum thickness requirements":
1. Galvanized Steel: 22 gauge.
2. Stainless Steel: 24 gauge.
3. Aluminum: 0.040 inches.
ORB 8929 page 1
bdl 4/28/89-2
MSR072286 SECTION 07600
FLASHING AND SHEET METAL
2.02 MAT PJAIS
A. GALVANIZED SHEET STEEL OR IRON (Gl) :
Type: --------------------------------- Standard brand of
open-hearth, copper-bearing
steel, copper-molybdenum
iron, or pure iron sheets.
Gauge: ----------------------- As indicated on Drawings; 22
gauge minimum.
Shop Treatment:
Hot-dip galvanize all
surfaces; weighing not less
than 1-1/4-ounces per square
foot nor more than 1-1/2
ounces per square foot of
surfaces covered. Conform
with ASTM A-93.
Rivets: -------------------------------- Soft iron, rust-resistive
coating.
Nails: -------------------------------- Hot dip galvanized barbed
type.
Screws/Washers: ------------------------ Cadmium plated.
Flux: ---------------------- ----- Raw muriatic acid.
Solder: -------------------------------- Conform with ASTM B-32
Drive Pins: ---------------------------- Rauvet P-208 x 1" long for
masonry or concrete (as
approved)
B. Sealant: Refer to Section 07900 - SEALANTS.
C. Other Materials: All other materials not specifically described but
required for a complete and proper installation of Flashing and Sheet
Metal, shall be provided, be new, first quality of their respective
kinds, and subject to the approval of the Architect.
PART 3 - EXECQTION
3.01 JOB CONDITIONS
Refer to Section 01600 - MATERIAL, EQUIPMENT AND JOB CONDITIONS.
3.02 FABRICATION AND MAN[TFACILTRE
A. General:
1. Form all Sheet Metal accurately to the dimensions and shapes
required.
2. Finishing all molded and broken surfaces with true, sharp, and
straight lines and angles.
3. Where intercepting other members, cope to an accurate fit and
solder securely.
ORB 8929 page 2
bdl 4/27/89-1
MSR072286 SECTION 07600
FLAS=G AND SHEET METAL
4. Unless otherwise specifically permitted by the Architect, turn
all exposed edges back 1/2 inch.
B. Closures: All joints shall be continuously bedded in sealant for
weathertight installation.
3.03 INSTALIATION
A. General: Install Flashing and Sheet Metal Work in accordance with
SMACNA recommendations for specific type of installation, unless
otherwise detailed or specified herein.
B. : Install in maximum lengths possible with minimum number of
joints.
C. Expansion and Contraction: Make proper allowance for type of
material. Provide closures per SMACNA if not detailed on drawings.
D. Shrinkage: Make allowance for shrinkage of wood construction.
E. Appearance: Install true to line, free from waves and buckles.
F. Electrolysis:
1. Provide positive protection with zinc chromate paint, bituminous
paint or other approved method to prevent electrolysis between
dissimilar metals.
2. Protect metals from corrosion when embedded in, or in contact
with, other materials.
3.04 REJECTION OF FABRICATIONS OR INSTA=TION
A. Quality Standards: Noncompliance with any portion of the Standards
specified hereinbefore, details on Drawings or approved Shop
Drawings, shall be cause for removal and replacement.
END OF SECTION
ORB 8929 page 3
bdl 4/27/89-1
iMSR091785
SECTION 07900
SEALANTS
PART 1 - GENERAL
1.01 SCOPE
A. Work Included: Sealing at points specified, described, and scheduled
in these Specifications.
B. Related Work Described Elsewhere:
1. Flashing and Sheet Metal Section 07600
2. Mechanical Division 15
3. Electrical Division 16
C. Alternates: Refer to Section 01100 - BASE BID AND ALTERNATES for
possible effect on work in this Section.
1.02 QUALITY ASSURANCE
Codes and Standards: Refer to Section 01080 - APPLICABLE CODES AND
STANDARDS.
1.03 SUBMITTALS
General: Submit in accordance with Section 01300 - SUEt1ITI'ALS.
1.04 SUBSTITUTIONS
Refer to Section 01640 - SUBSTITUTION AND PRODUCT OPTION.
PART 2 - PRODUCT'S
2.01 MATERIALS
A. SEALANTS - TYPE I:
Manufacturer: ------------------------ PRC (PRODUCTS RESEARCH AND
CHEMICAL CORPORATION) , or
approved equal
Product Name: ------------------ PRC-RC1
Type: -------------------------------- Single component
Material: ------------ -------- Polyurethane, Gun Grade;
no sag, silicone base
not acceptable)
Shore Hardness: ---------------------- 25 Shore A
ORB 8929 page 1
bdl 4/28/89-1
MSR091785 SECTION 07900
SEALANTS
Elongation: -------------------------- 450% minimum @ 75 degrees F.
Tensile Strength: -------------------- 130 psi (ASTM D412)
Fed. Spec. : -------------------- -- TT-S-00230C, Type II,
Class A
Color: --------------------------- Gray, or approved
B. SEALANTS - TYPE II•
Manufacturer: PRC, or approved equal
Product Name: —- ----------- "PRC-270"
Type: ����_— ------ Multi-part "HEAVY TYPE" (HT)
Material: Polyurethane, Gun Grade,
no sag
Shore Hardness: 35 Shore A
Cure Period: ----- ---------�M'-- 72 hrs. at 75 degrees F. and
50% R.H.
Elongation: -------- ----------- 700% minimum.
Tensile Strength: 300 PSI (ASTM D412)
Fed. Spec. : ------ --------- TT-S-00227E, Type II,
Class B
Color: Gray or approved
C.
Manufacturer: ------------------------ PRC, or approved equal.
Product No. : -------------------- "PRC #26 CLEAR", or approved
General: ---------------~----------~- Primer-sealer specified by
Manufacturer for specific
surface application
D. BACK-UP MATERIAL FOR SEALANTS:
1. General:
a. Materials recommended by sealant manufacturer.
b. Thickness or diameter 1/3 greater than width of joint where
it is to be installed.
c. 3 M #226 adhesives and pOLYEI'HYLENE tape or approved.
d. Bond breaking material recommnded by sealant manufacturer.
2. BAC= ROD:
Manufacturer: ----------------------� Recommended by sealant
manufacturer and
approved.
Product: -------—---------------------- Closed cell POLYETHYLENE
rod or rope only. No
"open cell" or "Denver"
rope types of rod shall
be used.
E. EOUI) 'L': Use equipment only as specifically recommended by sealant
manufacturer for specific material and installation application.
ORB 8929 page 2
blt 5/1/89-2
MSR091785 SECTION 07900
SEALANTS
F. LOCAL SOURCE OF MATERIALS AND TECHNICAL ADVISE:
STAC, INC.
3640 "C" Street N.E.
Auburn, WA 98002
Telephone: Seattle (206) 941-3910
Tacoma (206) 924-0444
Contact Person: Mr. Lee Heemink
PART 3 - EXECUTION
3.01 JOB CONDITIONS
Refer to Section 01600 - MATERIAL, EQUIPMENT' AND JOB CONDITIONS.
3.02 SEALANT SCHEDULE
A. General: Sealing required for the work is called for in the
following SCHEDULE OF AREAS OF USE. Requirements for sealing are
included without distinction for trade responsibility. Contractor
shall be responsible to determine trade responsibility as appropriate
to installation requirements and provide all sealing required.
B. SCHEDULE OF AREAS OF USAGE:
LOCATION TYPE
1. BUILDING ENCLOSURES
a. INTERIOR LOCATIONS
Material Joints at:
- Door and Window Frames -- I
- Wall Penetrations ------ I
- Floor Penetrations --- III
- Ceiling/Roof Penetrations I
b. EXTERIOR LOCATIONS:
Material Joints at:
- Metal Door and Windows -- I
- Wall Penetrations - I
- Roof Penetrations ----- I
- Sheet Metal Flashings --- II
3.03 TIME OF APPLICATION
Surface to Receive Final Color Finish: Install Sealant prior to final
coat of colored finish material. Refer to Division 7 and 9 and Drawings
for type and location of final finish coating.
ORB 8929 page 3
bdl 4/28/89-1
MSR091785 SECTION 07900
SEALANTS
3.04 SURFACE PREPARATION
A. Joint Surfaces: Prepare in strict accordance with requirements of
Sealant Manufacturer.
B. Unpainted and Porous Surfaces: Primer all sealant contact surfaces
eXCe�t "backer rods" or "tapes." Primer shall be applied as
specified by sealant manufacturer. Do not get primer on backer rod
or tapes.
3.05 BACK-UP 1INT RTAL
A. General: Follow sealant manufacturer's reconm endations.
B. Setting Backer Rods: Use a wood or plastic "gauged depth" tool to
scribed and set Backer Rod at uniform and proper depth, without
damaging the Backer Rod.
3.06 APPLICATION
A. Equipment: Apply with nozzle of proper size to attain proper based
width and depth.
B. Joints and Voids: Fill Solid; superficial pointing with skin bead
not acceptable.
3.07 CURE TIlKE
All completed Sealant Joints shall be allowed to cure a minimum of 7 days
for single-component and 72 hours (3 days) for multi-component sealants
(or per manufacturer's standard if longer) prior to coverage by paint
products.
3.08 PROTECTION AND CLEANIl�G
Cleaning:
1. Fresh compound that has accidentally been smeared on adjacent
surfaces shall be scraped off immediately and rubbed clean with a
solvent recommended by the Sealant manufacturer.
2. Upon completion of application of compound all remaining smears,
stains, and other soiling resulting therefrom shall be removed
and the work left in a clean and neat condition.
END OF SECTION
ORB 8929 page 4
L I . /-,
MSR12186
SECTION 08200
WOOD DOORS
PART 1 - GENERAL
1.01 SCOPE
A. Work Included: Wood Doors for this Work include but are not limited
to:
1. Solid Core Wood Doors:
- Exterior and Interior
- Swing
- Flush
- Relite or Glazed Opening
- Louvered Opening
2. Louvered Bi-fold
B. Related Work Described Elsewhere:
1• Carpentry Section 06105
2. Special Doors Section 08300
3. Finish Hardware Section 08700
4. Painting Section 09900
C. Alternates: Refer to Section 01100 - BASE BID AND ALTERNATES for
possible effect on work in this Section.
1.02 QUAI= ASSURANCE
A. General: Refer to Section 01430 - QUALITY ASSURANCES.
B. Codes and Standards: Refer to Section 01080 - APPLICABLE CODES AND
STANDARDS and conform to applicable standards of:
1. AWI - American Woodwork Institute: Architectural woodwork
quality standards, guide specifications and Quality Certification
Program.
2. NWMA - National Woodwork Manufacturers Association Industry
Standards: I.S. 1-80, Wood Flush Doors; and I.S. 4-81,
Water-Repellent Preservative Treatment for Millwork.
C. Fire Labels: Not required on this Project.
D. Quality Assurances: Refer to Section 01430 - QUALITY ASSURANCES.
1.03 S[JBNIITrALS
A. General: Submit in accordance with Section 01300 - SUBMITTALS.
ORB 8929 page 1
bdl 4/25/89-1
SECTION 08200
MSR032786 WOOD DOORS
B. Shop DrawirxtS• Submit Shop Drawings, Specifications and Installation
Instructions for all doors as follows: "reference
1. Schedule: Provide Schedule of Doors using the same
numbers" for details and openings as those in Drawings (Door
Schedule) .
2. Elevations•
a. Door type and dimensions-
b. Door swing.
3. Details:
a. Detail fabrication, erection and anchorage details-
b. Door construction.
c. Joints and connections.
d. Finish hardware and reinforcement requirements.
1.04 PRODUCT HANDLING DELIVERY AND STORAGE
Refer to Section 01600 - MATERIAL, EQUIPMENT AND JOB CONDITIONS.
1.05 SUBSTI=--- NS
Refer to Section 01640 - SUBSTITUTIONS AND PRODUCT OPTIONS.
PART 2 - PRODUCTS
2.01 WOOD DOORS
A. Manufacturer-
1. Specified Manufacturer:
Unless noted otherwise, the specified manufacturer is:
- WEYE HAEUSER COMPANY
Western Trading Center
Tacoma, Washington 98477
(206) 927-7900
or approved.
2. Approved Alternate Manufacturer:
- U.S. Plywood
- Vancouver Door Company
- Eggers
- Simpson
B. Materials:
Solid Core Wood Doors:
Product No. . ------ DPC-1
Thickness: --- 1-3/4 n
Size: As shown on Drawings.
Identification: ------- Red Dowel.
ORB 8929 page 2
bdl 4/25/89-1
MSR032786 SECTION 08200
WOOD DOORS
Core Construction: ------------- Solid PARTICLE BOARD core,
TIMBLEND
Face Veneer: ---- ------------------- Red Oak: "Plain Sliced"
Edge Band: -- ------ Hardwood
Crossband: --- -------------- Hardwood veneer.
Face Adhesive: ----------------------- Type I (waterproof) .
Core Adhesive: --- --------~- Type II (water resistant) .
Vision Panels: --- ------- As shown on Drawings (DOOR
TYPES) .
Fire Rating: -- ---- Not Applicable.
Warranty: ---- -- Exterior: TWo (2) years;
Interior: Life of
installation
Moisture Stripping: Exterior openings only.
Applicable Specifications: - Meet or exceed N4MA IS 1-80
and AWI for Type PC
Finish: -_ _- ----- Refer to Specifications
Section 09900 - PAINTING
2.02 LOUVERED BI-FOLD DOORS
A. Manufacturer: NORD DOORS or equal.
B. Description:
Thickness: ------ ------------------ 1-3/8"
Species:
Door: ------------------------------- Red Oak veneer over solid
Western Hemlock
Louver Slats: -------- ----------- Solid Red Oak
Size: ------ -------- As shown on drawings.
Louver Panels: - ----------- As shown on drawings.
Adhesives: ------ -________- Water resistant
Finish: ------ -------------- Refer to Section 09900 -
PAINTING
2.03 SCREEN DOOR
A. Manufacturer: NORD DOORS or equal.
B. Description:
Model No. : ------ -------------- 1852RP
Style: ---------------------------- two panel
Thickness: ---------_---------— 1-1/8"
Species: -------------------------- Hemlock
Screen: ------------------------ Manufacturers Standards
Source: ----------------------------- LUNDGREN DOORS, Tacoma
Size: --------------------------------- 31011 x 61811
Adhesives: ---------------------------- Water resistant
Finish: -------------------------------- Refer to Section 09900 -
PAINTING
ORB 8929 page 3
bdl 4/26/89-2
MSR032786 SECTION 08200
WOOD DOORS
PART 3 - EXECUTION
3.01 JOB CONDITIONS
Refer to Section 01600 - MATERIAL, EQUIPMENT AND JOB CONDITIONS.
3.02 FABRICATION
A. General: Fabricate to standards of approved manufacturers to meet
all required codes, standards and warranties specified.
B. Hardware: Premachine and prefit doors to templates provided by
Hardware supplier under Section 08700 - FINISH HARDWARE.
C. Clearances: Factory machine wood doors to be installed in frames to
the following clearance:
Jambs: 3/32"
Head: 3/32"
Bottom: 3/8" unless otherwise noted.
D. ,r ujvers:
1. Factory provided and installed.
2. Wood shall match door veneer unless noted otherwise.
3. Size as noted on drawings.
3.03 INSTALLATION
Install doors and accessories in accordance with approved Shop Drawings,
manufacturer's instructions and as herein specified.
Doors and Hardware:
1. Fit doors accurately in their respective frames, within
clearances specified.
2. Adjust moving parts to operate freely, without binding, at time
of final acceptance.
3. Make further adjustments, when requested, during first year of
warranty period.
END OF SECTION
ORB 8929 Page 4
bdl 4/26/89-2
MSR011784
SECTION 08300
SPECIAL DOORS
PART 1 - GIIJERAL
1.01 SCOPE
A. Work Included: Special Doors required for this Work are indicated on
the Drawings and include Roll-up Counter Door between Kitchen and
Multipurpose Roam.
B. Related Work Described Elsewhere:
1. Carpentry Section 06105
2. Wood Doors Section 08200
3. Painting Section 09900
C. Alternates: Refer to Section 01100 - BASE BID AND A1ZMMTES for
possible effect on work in this Section.
1.02 QUALITY ASSURANCE
Codes and Standan3s: Refer to Section 01080 - APPLICABLE CODES AND
STANDARDS.
1.03 SUBMITTALS
A. General: Submit in accordance with Section 01300 - SUBMITTALS.
B. Shop Drawincs: Submit Shop Drawings, Specifications and Installation
Instructions for all doors and frames as follaws:
1. Schedule: Provide "schedule" of doors and frames using the same
"reference ntmibers" for details and openings as those in Contract
Documents.
2. Elevations:
a. Frame type and dimensions-
b. Door type and dimensions.
3. Details:
a. Detail fabrication, erection and anchorage details:
b. Frame and door construction.
c. Frame and door joints and connections.
d. Frame conditions at openings.
e. Frame anchorage and accessories.
f. Special erection instructions or details.
ORB 8929 page 1
bdl 4/25/89-1
MSR011784 SECTION 08300
SPECIAL DOORS
g. Dimensions, gauge and/or species, and shape of materials.
h. Finish hardware and reinforcement requirements.
C. Product Data: Submit complete and descriptive product data sheets
for all special doors.
1.04 PRODUCT DELIVERY, STORAGE AND HANDLING
Refer to Section 01600 - MATERIAL, EQUIPMENT AND JOB CONDITIONS.
1.05 SUBSTITUTIONS
Refer to Section 01640 - SUBSTITUTION AND PRODUCT OPTION.
PART 2 - PRODUCTS
2.01 MANUFACTURER
A. General: It is recognized that within the "Special Door"
manufacturing industry there are several competent and experienced
manufacturers who have products and/or capabilities to provide good
"commercial quality" Special Door Systems. Therefore, it is not the
intent of these Specifications to be exclusive or unnecessarily
restrictive, within the limitations of the Owner's budget and the
design criterian for this project.
With the exception of certain specifically noted requirements, the
intent of these Specifications is to be of a "performance type"
Specification.
The "style of door," "gauge of materials," "type of operation," and
"performance" are restricted to that specified; however, beyond that
the intent is to allow the use of an individual manufacturer's
systems based upon final review by the Architect.
The final SYSTEK and MANUFACTURER selected shall be used throughout
unless specifically approved otherwise.
B. Specified Manufacturers: For purposes of designating the "type" and
"quality" of "Special Doors" System required for use under this
Section, the products and systems of the following have been
specified for roll-up counter door:
THE COOKSON COMPANY
700 Pennsylvania Avenue
San Francisco, CA 94107
Tel. : (415) 826-4422
ORB. 8929 page 2
bdl 4/26/89-2
MSR011784 SECTION 08300
SPECIAL DOORS
Manufacturers not listed above, but supplying products of equivalent
quality and type to those outlined in this Section may submit
proposals to the General Contractor(s) submitting a Bid Proposal for
the total Project.
The specific manufacturer and system selected will be reviewed under
the provisions of "or approved equal" as described in Section 01640 -
SUBSTI=ON AND PRODUCT OPTION, after the Bid Proposals have been
received.
C. Local Source of Specified Products:
ZESBAUGH, INC.
413 Third Avenue West
Seattle, WA 98119
Telephone: (206) 547-1900
2.02 SYSTEM AND PRODUCTS
A. ROLLr-UP COUNTER DOOR.
1. Manufacturer: -- ----- THE COONSON COMPANY
700 Pennsylvania Avenue
San Francisco CA 94109
Phone: (415) 826-4422
2. Local Source: - ------------ ZESBAUGH, INC.
3625 Interlake Ave. N.
Seattle, WA 98103
(206) 547-1900
3. Product: ------- Rolling Counter Door
Type CDW-1 Push-up
4. Cumin: -- ------- ----- Formed of vertical grain oak
double rabbeted wood slats,
Cockson Slat No. 101. Width
of slats 1-5/16". Depth of
slat 3/411. Bottom bar shall
be 2" x 1-1/2" wood, same
material as curtain.
5. Barrel: -------- Curtain to be coiled around
a steel tubing of not less
than 4" diameter.
Counterbalancing unit to be
enclosed and shall rotate on
grease sealed ball bearings.
6. Counter Balance: ------------------ Shall consist of oil
tempered torsion springs
capable of counterbalancing
weight of curtain.
7. Operation: ------------------------ Doors up to 1010" wide shall
be of push-up operation with
finger lifts mounted on the
bottom bar.
8. Guides: ------------------------- To be fabricated of oak with
felt lined guides.
ORB 8929 page 3
bdl 4/26/89-2
MSR011784 SECTION 08300
SPECIAL DOORS
9. Locking Device: ------- — Bottom bar of curtain shall
be furnished with a
concealed sliding bolt
deadlock operated by a thumb
knob, with a best cylinder
lock.
10. Hood: Finish grade plywood (to be
concealed in soffit)
11. Finish: ----- ------- - Unfinished from supplier;
Refer to 09900 - PAINTING.
12. Quantity: ------------------------ Two openings.
13 Size of Refer to the drawings
Opening: -----------------
and confirm actual field
measurements prior to
fabrication
PART 3 - EXECUTION
3.01 JOB CONDITION
Refer to Section 01600 - MATERIAL, EQUIPMENT AND JOB CONDITIONS.
3.02 FABRICATION
Fabricate all special doors in strict accordance with approved Shop
Drawings.
3.03 INSTALLATION
Install all Special Doors in strict accordance with all pertinent codes
and regulations, the approved Shop Drawings, and the manufacturer's
current recommendations, anchoring all components firmly into positon for
long life under hard use. Provide all items required for a complete
installation.
3.04 TOU=G UP
Upon completion of the installation, touch up all scuffs and abrasions as
required.
END OF SECTION
ORB 8929 page 4
bdl 4/26/89-2
MSR120583
SECTION 08700
FINISH HARDWARE
PART 1 - GENERAL
1.01 SCOPE
A. Work Included•
1. "HARDwARE.GROUPS" have been assigned to the various doors
required for this work, as described in detail in this section of
these specifications.
2. Unless otherwise approved by the Architect, furnish all finish
hardware described in the HARDWARE SC RED and all other•finish
hardware not described but required for a ccmplete and operable
facility. Match finish and quality of items described.
B. Related Work Described Elsewhere:
Wood Doors Section 08200
C. Alternates: Refer to Section 01100 - BASE BID AND ALTERNATES for
possible effect on work of this Section.
1.02 QUALITY ASSURANCE
Codes and Standards: Refer to Section 01080 - APPLICABLE CODES AND
STANDARDS.
1. All finish hardware shall coulply with applicable local and/or
state current building codes.
2. Hardware for fire-rated openings shall also be in compliance with
all fire building codes applicable to the district in which the
building is located. Provide only hardware which has been tested
and listed by UL for the types and sizes of doors required, and
which complies with the requirements of the door and door frame
labels.
1.03 SUBMITTALS
A. General: Submit in accordance with Section 01300 - SUBMITTALS."
B. Manufacturer's Data: Submit one (1) copy of manufacturer's data
(catalog cut) for each item of finish hardware with each hardware
schedule submitted. Provide data whether it's the specified product
or not.
C. Hardware Schedule:
1. At the earliest possible date, submit five (5) copies of the
finish hardware schedule, organized into "hardware sets" exactly
corresponding to the "sets" established herein and indicating
ORB 8928 page 1
bdl 4/25/89-1
SECTION 08700
MSR072186 FINISH HARDWARE
complete designation of every item required for each door or
opening. Approval of the hardware schedule does not relieve the
contractor of the responsibility to fulfill the project
requirements in accordance with the contract documents.
2. Submit a keying schedule in accordance with the instructions from
the Owner or Architect.
D. Templates: Furnish hardware templates to each fabricator of doors,
frames and other work for factory preparation of the installation of
hardware. Check the shop drawings of such other work to confirm that
adequate provisions will be made for the proper installation of
hardware.
E. Keys: Refer to Paragraph 2.01 KEYING.
1.04 PRODUCT HANDLING STORAGE AND DELIVERY
A. Refer to Section 01600 - MATERIAL, EQUIPMENT AND JOB CONDITIONS.
B. General contractor:
1. The General Contractor shall be responsible for proper
installation and operation of hardware in locations specified.
2. The General contractor shall protect all exposed hardware
surfaces during the construction period from damage to products
and finishes.
1.05 GUARANTEE
Finish hardware shall be guaranteed against defects in workmanship and
operation for a period of one year, backed by a factory guarantee of the
hardware manufacturer, except the door closers shall be so guaranteed for
five years. No liability shall be assumed by the hardware supplier where
faulty operation is due to improper installation or failure to exercise
normal maintenance.
1.06 SUBSTITUTIONS
Refer to Section 01640 - SUBSTITUTION AND PRODUCT OPTION.
PART 2 - PRODUCTS
2.01 KEYING
All items operable by keys, in this hardware section shall be Grandmaster
keyed. Further master-key and key alike as required. Furnish 4 Master
keys. Furnish 2 keys per lock or cylinder.
ORB 8928 page 2
bdl 4/25/89-1
MSR072186 SECTION 08700
FINISH HAPJXTARE
Send all keys, except the Construction Master keys to:
City of Kent Park and Recreation Department
220 - 4th Avenue South
Kent, Washinagton 98032
Attn: Helen Wickstrom
859-3350
2.02 FINISH
Exposed surfaces of hardware shall be Dull Stainless Steel (US32D) unless
otherwise indicated.
2.03 MATERIALS
A. Butts:
1. Manufacturer listed: McKinney.
2. Acceptable substitutions: Lawrence.
3. Sizes: As listed. (NOTE: Butt sizes are to be modified if door
trim interferes with the fullest possible degree of opening for
doors.)
4. Quantity: 1-1/2 pair up to and including 90" in height and 2
pair over 90" in height for each leaf.
5. For unusual size or weight doors, furnish type, size and quantity
recommended by the butt manufacturer.
B. Cylinders:
1. Manufacturer listed: BEST LOCK COMPANY.
2. Acceptable Substitutions: None.
C. Locksets Latchsets Deadlocks (Mortise type) :
1. Manufacturer listed: SARGENT 8100/770.
2. Acceptable Substitutions: Corbin.
3. Design: As listed.
4. Levers shall be supported by Gun Metal type springs.
5. Deadbolt shall be of Stainless Steel with a 1" throw.
D. Exit Devices:
1. Manufacturer listed: SARGENT.
2. Acceptable substitutions: None.
3. Provide US32D crossbars.
4. Cylinder dogging shall be provided in all locations allowed by
the applicable codes.
5. Removable mullions shall be used in all "pair" openings and shall
have Von Duprin stabilizers for each door.
6. Furnish sex bolts for wood doors.
E. Door Closers:
1. Manufacturer listed: SARGENT.
2. Acceptable substitutions: LAN 4040 Series.
3. Spray closers to match adjacent hardware.
ORB 8929 page 3
bdl 5/16/89-4
MSR072186 SECTION 08700
FINISH HARDWARE
4. Whether specified or not, provide the proper feet to suit the
conditions and the proper length to allow fullest degree of
opening for doors.
5. Provide drop plates where required.
6. Contractor shall install all the screws required for the foot.
Thru bolts to be used on wood doors and shoulder thru-bolts for
hollow metal doors.
7. Provide "Gish" type closers where practical when the door can not
swing to a wall stop. When "Cush" closers are used the Shoe
Support or Fifth Hole Spacer is to be furnished where required by
details.
8. Provide special closer mounting as required where interference
with weatherstrip or sound seal occurs.
F. Push and Pulls:
1. Manufacturer listed: TICE.
2. Acceptable substitutions: Brookline, Builders Brass.
3. Finish: Metal finishes are specified under Paragraph 2.02.
Plastic shall be "color selected".
4. Metal shall be a minimum .050 in thickness.
5. Plastic material shall be 1/8" laminated double face balanced
construction.
6. Push plates and pull plates shall be mounted with oval head
screws of matching finish.
G. Kick, Mop and Armor Plates:
1. Manufacturer listed: TICE.
2. Acceptable substitutions: Brookline, Builders Brass.
3. Finish: Metal finishes are specified under Paragraph 2.02.
Plastic shall be "color as selected".
4. Metal shall be a minimum .050 in thickness.
5. Plastic material shall be 1/8" laminated double face balanced
construction.
6. Plates shall be mounted with oval head screws of matching finish.
7. Size: All plates shall be furnished with width as required to
provide 1/4" clearance at sides of doors and stops. The height
shall be as specified.
H. Stops and Holders:
1. Manufacturer listed: GLYNN-JOHNSON.
2. Acceptable substitutions: H.B. Ives, Builders Brass.
3. There shall be stops to protect all walls, cabinet work or
hardware operation. Wall stops shall be used wherever possible,
unless otherwise called for in hardware types. Where floor stops
are used, they shall be installed no farther than 8" from the
latch edge of the door.
I. Weatherstrip and Threshold:
1. Manufacturer listed: PESO.
2. Acceptable substitutions: Reese.
3. Where it occurs, weatherstrip shall be applied to both sides of a
mullion.
ORB 8928 page 4
bdl 4/25/89-1
MSR072186 SECTION 08700
FINISH HARDWARE
4. All thresholds to have a "SIL-LOK THRESHOLD ANCHOR". Coordinate
with Contractor for installation in concrete.
J. Door Silencers:
1. Manufacturer listed: GLYNN-JOHNSON.
2. Acceptable substitutions: H.B. Ives.
3. Quantity: Furnish 3 for each single door frame.
2.04 SPECIAL TOOLS
Provide 2 sets of any "special tools" required for installation, removal
and maintenance of hardware to the Owner.
2.05 HARDWARE SCHEDULE
Refer to door and frame schedule on the drawings and previously listed
instructions for related information concerning following Hardware Sets.
A. HARDWARE SET NO. 1 (HW-1) :
Doors No. 1 and 2 to have:
3 butts T2714 x 26D x 4-1/2 x 4-1/2 McKinney
1 lock 8105 x LW1H x 26D x L+/C Sargent
1 cylinder 1E64 x 26D Best
1 wall stop WB60 x 26D Glynn-Johnson
3 Silencers Glynn-Johnson
B. HARDWARE SET NO. 2 (HW-2) : Refer to Base Bid and Alternate Bids.
Door No. 3 to have:
3 butts T4A3386 x 32D x 4-1/2 x 4-1/2 x NRP McKinney
1 exit device 6504 x 32D x L/C Sargent
1 cylinder 1E62 x 26D Best
1 door pull 47 x 32D x TB Tice
1 closer EN250-P9 Sargent
1 kick plate PLFP-10 x 1-1/2" LTDW x CAS Tice
1 stop and holder F20X x 26D Glynn-Johnson
1 threshold 171A P-mko
1 door bottom 315AN Pe ko
1 set weatherstrip 332AR Pemko
C. HARDWARE SET NO. 3 (HW-3) :
Door No. 4 to have:
1 wire pull 4484 x 32D x 4: Stanley
1 set: track,
hangers, hinges,
aligners and
pivots Series III (packaged set) Johnson
door bumpers as approved Johnson
ORB 8929 page 5
bdl 4/27/89-3
MSR072186 SECTION 08700
FINISH HARDWARE
D. HARDWARE SET NO. 4 (HW-4) :
Door No. 5 to have:
3 butts CD2154F (adjustable spring) Stanley
1 latch set V1703A1 Stanley
PART 3 - EXECUTION
3.01 JOB CONDITIONS
Refer to Section 01600 - MATERIAL, EQUIPMENT AND JOB CONDITIONS.
3.02 PREPARATION
A. Provide solid blocking for all wall stops.
B. Check all conditions and use fastening devices as needed; securely
anchor all hardware as per manufacturer's published templates. All
closers and exit devices on wood doors shall be thru-bolted.
3.03 INSTALLATION
A. Mount units at heights recommended in "RECOMMENDED LOCATIONS FOR
BUILDERS HARDWARE" by NBHA, except as otherwise indicated.
B. Install each hardware item in compliance with the manufacturers'
instructions.
1. Wherever cutting and fitting are required to install hardware on
surfaces which will be painted or finished at a later time,
install each item completely and then remove and store in a
secure place. After completion of the finishes, re-install each
item.
2. Do not install surface-mounted items until finishes have been
completed on the substrate.
C. Adjust and check each operating item of hardware and each door to
insure proper operation or function of every unit. Replace units
which cannot be adjusted to operate freely and smoothly.
3.04 ADJUS'IMEN'r
A. Whenever hardware installation is made more than one month prior to
acceptance or occupancy, make a final check and adjustment of all
hardware items during the week prior to acceptance or occupancy.
Clean and lubricate operating items as necessary to restore proper
function and finish of hardware and doors.
B. Instruct Owner's personnel in proper adjustment and maintenance of
hardware and hardware finishes.
END OF SECTION
ORB 8929 page 6
bdl 4/27/89-3
MSR112988
SECTION 09250
GYPSUM WALLBOARD
PART 1 - GENERAL
1.01 SCOPE
A. Work Included: Work required is indicated on the Drawings and
includes but is not limited to Gypsum wallboard walls and ceilings.
B. Related Work Described Elsewhere:
1. Carpentry Section 06105
2. Finish painting Section 09900
C. Alternates: Refer to Section 01100 - BASE BID AND ALTERNATE BIDS for
possible effect on Work of this Section.
1.02 QUALITY ASSURANCE
A. Codes and Standards: Refer to Section 01080 - APPLICABLE CODES AND
STANDARDS. Work in this Section shall be installed in conformance
with the applicable provisions of:
1. AS'IM - American Society for Testing Materials: E 119, Fire
Resistance Ratings.
2. UL - Underwriters' Laboratory: U.L. Approved accessory and
application procedures.
3. Gypstmt Association: Conform to American Standard Specifications
for the application and finishing of Gypsum Wallboard, ASA, A97.1
as supplemented and modified herein. Gypsum Association - 201
North Wells Street, Chicago, Illinois 60606.
B. Special Inspection and Test: Refer to Section 01400 - QUALITY
CONTROL, for independent tests and inspections required for this
work.
1.03 PRODUCT DELIVERY, STORAGE AND HANDLZrIG
Refer to Section 01600 - MATERIAL, EQUIPMENT AND JOB CONDITIONS. '
1.04 E NVIRONMERrALL CONDITIONS
in cold weather and during gypsum panel application and joint finishing,
maintain temperatures within the building within the range of 55 to 77
degrees F. Provide adequate ventilation to carry off excess moisture.
ORB 8929 page 1
bdl 4/25/89-1
MSR053086 SECTION 09250
GYPSUM VUJJ BOARD
PART 2 - PRODUCTS
2.01 MATE DAIS
A. Gwpsum Wallboard Types:
XWR. GYP. BD. : 5/8" thick "firecode" water resistant, tapered edge
for use in fire rated assemblies.
B. Fasteners:
1. Screws: Size and type specific to application system, mini=n:
Self-drilling, self-tapping, bugle head, for use with power
driven tool; Type S, 1" long; approved by Manufacturer and
Architect.
2. Nails: Size and type specific to application system, minimum:
ANNULAR RING NAIL GWB-54; ASTM C 380; 1 3/8" long; approved by
Manufacturer and Architect.
C. Joint and Fasteners Finish Compound:
1. Joint tape: Perforated or plain paper tape supplied by wallboard
manufacturer for specific application.
2. Joint Compound: Specific compound supplied by wallboard
manufacturer recommended for each successive layer of joint and
fastener finish systems.
D. Accessories:
1. Metal Edge Trim: Concealed type supplied by wallboard
manufacturer; similar and equal to USG 200 or 800 series.
2. Metal Corner Bead: Concealed type supplied by wallboard
manufacturer; similar and equal to USG 100 or 800 series.
3. Control Joints: Supplied by wallboard manufacturer, specific to
application; similar and equal to USG No. 093.
E. Miscellaneous Materials: Made or recommended by wallboard
manufacturer. Provide all required for complete installation.
2.02 MANUFACTURERS
Gwps= Wallboard System: The following are approved as having materials
within their product line acceptable under this Contract:
CELOTEX
GOLD BOND
JOHNS-MANVILIE
U.S. GYPSUM
or approved equal
ORB 8929 page 2
bdl 4/25/89-1
MSR053086 SECTION 09250
GYPSUM WALIBOARD
PART 3 - EXECUTION
3.01 JOB CONDITIONS
A. Refer to Section 01600, MATERIAL, EQUIPMENT AND JOB CONDITIONS-
B. General: Install in strict accordance with Standard Specifications,
manufacturer's directions and details shown on Drawings and as
specified. Compliance with U.L. "fire-rated systems" and U.B.C.
requirements is mandatory for rated assemblies whether or not details
on Drawings or specified herein. The Contractor is presumed to be
cognizant of all such requirements and costs therefor to be contained
with the Contract amounts.
C. verify that all blocking required for this work is complete and
installed in correct locations prior to installation of wallboard.
3.02 GYPSUM PANEL ERECTION
A. Cutting Wallboard: Gypsum wallboards shall be cut by scoring and
breaking, or by sawing, working from the face side. Where board
meets projecting surfaces, it shall be scribed neatly.
B. Wall Application: Single layer, vertical or horizontal panel
application with minimal end joints. Boards of maximum practical
length shall be used. End joints shall be staggered and joints on
opposite sides of a partition shall not occur on the same stud.
Loosely butt all joints to be taped, firmly butt all joints to be
left untreated.
C. Ceiling Application: Single layer, back blocking system. Apply with
long edges at right angles to framing and with end joints midway
betwen supports. Wood backing behind joints between framing supports
is not required. 5/8" thick blocks for 5/8" ceiling finish.
D. Openings: Wallboard joints at openings shall be located so that no
end joints will align with edges of openings unless control joint
will be installed at these points.
E. Type XWR: Before panel installation, apply approved sealer to all
cut or exposed panel edges at utility holes, joints and
intersections.
F. Fastening: Power driven screws or approved nails.
G. Trim: Install in single unjointed runs unless in excess of maximum
stock length available.
ORB 8929 page 3
bdl 4/25/89-1
MSR053086 SECTION 09250
GYPSUM WALL BOARD
3.03 TAPING AND FINISHING
A. Trap Three coat application required.
B. Smooth Finish: A uniformly smooth surface completely free from
irregularities visible to the unaided eye at a distance of five feet.
3.04 ACCESSORY APPLICATION
A. Joint System: Finish all face panel joints and internal angles with
joint system installed according to manufacturer's directions. Spot
exposed fasteners on face layers and finish corner bead, control
joints and trim as required, with at least three coats of joint
compound, feathered out onto panel faces and sanded smooth.
B. Corner Bead: Reinforce all vertical and horizontal exterior corners
with corner bead fastened with 9/16" resin coated staples 9" O.C. on
both flanges along entire length of bead.
C. Metal Trim: Where partition or ceiling terminates against masonry or
other dissimilar material, apply metal trim over gypsum pane g
and fasten with screws or staples 12" O.C.
3.05 CRANING AND REPAIRZTIG
A. After trim has been applied, and prior to painting, correct surface
damage and defects.
B. Leave work clean and smooth and without defects which will be
apparent after painting.
3.06 ACCEPTABILITY OF FMSHED WORK
A. Gypsum wallboard will be considered "unacceptable" and may be
required to be removed and replaced, under any of the following
conditions:
1. Non-Compliance with Code.
2. Non-Compliance with specified manufacturer's performance
standard.
3. Deviation from plumb level and true to line conditions where
applicable.
4. Any defects visible or likely to become visible that cannot be
satisfactorily corrected by surface finishing.
B. Gypsum wallboard Work will be considered "unacceptable" and required
to receive additional surface finish or other corrective work, if
defects remain visible after final finish application. Such defects
include but are not limited to the following:
1. Visible joints
ORB 8929 page 4
bdl 4/25/89-1
MSR053086 SECTION 09250
GYPSUM LVLZOARD
2. Visbile fastener heads
3. Visible trim flanges
4. Visible cracks or other defects not due to panel stress
END OF SECTION
ORB 8929 page 5
bd1 4/25/89-1
MSR091185
SECTION 09650
RESILIENT FLIJORING
PART 1 - GENERAL
1.01 SCOPE
A. Work Included: RESILIENT FLoCRING required for this work is
indicated on the Drawings and includes but is not limited to
resilient flooring; Vinyl Ccarposition Tile (VCT)
B. Related Work Described Elsewhere:
Section 06105
Carpentry
C. Alternates: Refer to Section 01100 - BASE BID AND ALTERNATE BIDS for
possible effect on work of this Section.
1.02 QUALITY ASSURANCE
A. Codes and Standards: Refer to Section 01080 - APPLICABLE CODES AND
STANDARDS.
B. Qualifications of Applicators: Refer to Section 01430 - QUALITY
ASSURANCES.
1.03 SUBMITTALS
A. General: Submit in accordance with Section 01300 - SUBDUTEALS.
B. Samples: Submit current set of samples of the proposed materials to
the Architect for his approval and color selection.
C. Product Data: Submit manufacturer's "product data" sheets along with
detailed instructions for installation and maintenance.
1.04 PRODUCT DELIVERY STORAGE AND HANDLING
Refer to Section 01600 - MATERIAL, EQUIPMENT AND JOB CONDITIONS.
1.05 ENVIRONMENTAL CONDITIONS
A. Maintain temperature in space to receive flooring between 70 degrees
F (21 degrees C) and 90 degrees F (32 degrees C) for not less than 24
hours before, during and 48 hours after installation.
B. Maintain minimL n temperature of 55.degrees F (13 degrees C) after
flooring is installed.
ORB 8929 page 1
bdl 4/25/89-1
MSR091185 SECTION 09650
RESILIENT FLOORING
1.06 SUBSTITUTIONS
Refer to Section 01640 - SUBSTITUTION AND PRODUCT OPTION.
PART 2 - PRODUCTS
2.01 MA`1'F RTAT S
A. General: Manufacturers listed are approved only as having products
within their product line acceptable for use in this work.
B. VINYL COMPOSITION TILE (VCT) •
Manufacturer: -- Am STRONG or approved equal
Type. - Vinyl Composition Tile
Series: - ---- The IMPERIAL Series
Design Group: ----- "Imperial Texture" or "Imperial
Modern" - EXCELON, as selected by
Architect
Size: -- ----- 12" x 12"
Gauge: ----- 1/811
Referenced Minimum Standards: -- SS-T-312 (B) 1, TYPE IV, Comp. 1
Flame Test Data: --- -------- ASTM E84 Flame Spread: 75 or less;
ASTM E662 HBS Smoke: 450 or less
C. Reducers: Vinyl or rubber floor reducers.
D. Leveling Materials (Underlayment) : Latex leveling compound specific
to installation requirements, approved by flooring manufacturer.
E. Primers and Sealers: Specific to installation requirements, approved
by flooring manufacturer.
F. Adhesive: Specific to installation requirements, approved by
flooring manufacturer.
PART 3 - EXECUTION
3.01 JOB CONDITIONS
A. General: Refer to Section 01600 - MATERIAL, EQUIPMENT AND JOB
CONDITIONS.
B. Inspection:
1. Prior to all work of this Section, carefully inspect installed
work of other trades and verify that all such work is complete to
the point where this installation may properly commence.
2. Verify that flooring may be installed in accordance with the
manufacturer's current recommendations, and these Specifications.
ORB 8929 page 2
bdl 4/26/89-2
MSR091185 SECTION 09650
RESILIENT' FLOORING
C. Acceptance of Surfaces: Beginning flooring work shall constitute
acceptance of conditions under which work is to be done.
3.02 PREPARATION
A. Cleaning Subfloors: Immediately prior to installation of resilient
flooring materials, subflooring shall be broom-cleaned, free of
grease, oil, paint, varnish, curing compounds, sprinkled cement,
dirt, crumbly or scaly surfaces, and the like-
B. Underlayment: Where additional underlayment is required on concrete
subfloor to bring resilient flooring flush with other type floors or
surfaces, floor slab shall be cleaned, primed and filled to required
finish elevation with underlayment placed in strict accordance with
manufacturer's directions. After underlayment has set, sand high
spots and feather edges, where required, with a disc sander using No.
2-1/2 sandpaper.
3.03 INSTALSATION
A. General:
1. Install materials in strict accordance with manufacturer's latest
printed instructions.
2. No floor covering is required under bases of permanently built-in
casework, cabinet work or partitions.
3. Provide floor covering under all movable appliances.
B. Resilient Tile:
1. Lay out parallel with walls, centered in areas involved; standard
pattern as directed by Architect.
2. Where tiles adjoin areas without finish flooring, terminate with
reducer strips firmly cemented in place.
3. Neatly cut and fit around pipes, fittings, walls and partitions;
fit neatly into breaks and recesses, against bases and under
saddles for overall perfect appearance.
C. Edq]11q: Provide and install reducer strip 1/8- by 1-inch where
required or indicated.
3.04 CLEANING AND WAXING
A. Protective Coat: At the completion of the work, all debris and dirt
shall be removed. When the adhesive has completely set and cured,
the resilient floors shall be given a protective coat of the polish
recommended by the manufacturer of the flooring if the work of other
trades has not been conpleted. If all work of other trades has been
completed, omit protective coat.
ORB 8929 page 3
bdl 4/25/89-1
MSR091185 SECTION 09650
RESILIENT FLOORING
B. Cleanincr: When the work of all other trades has been completed,
clean the floors with cleaner recommended by the manufacturer of the
flooring in strict accordance with manufacturer's directions. After
entire floor has been cleaned, rinse with plain water to remove all
dirty solution from the floor. Do not allow cleaner solution to dry
on the floor.
C. Finish Coat: When the floors are thoroughly dry, apply a coat of
polish recaffuended by and in accordance with the directions of the
manufacturer of the flooring.
D. Polishing: When polish is dry, buff floors with polishing brush.
After areas have been gone over with brush, polish again with
lambswool buffer or heavy cloth under polishing brush to give high
gloss finish, free fram polishing brush marks.
3.05 FINAL PROTECTION
Finished resilient flooring shall be covered with nonstaining building
paper to protect against damage until final inspection and acceptance.
END OF SECTION
ORB 8929 page 4
bdl 4/25/89-1
MSR112988
SECTION 09900
PAINTING
PART 1 - GENERAL
1.01 SCOPE
A. Work Included•
1. Painting scheduled in this Section of the Specifications.
2. Painting work shown on the Drawings.
B. Related Work Described Elsewhere:
1. Wood Door Section 08200
2. Special Doors Section 08300
C. Alternates: Refer to Section 01100 - BASE BID AND ALTERNATES for
possible effect on work in this Section.
1.02 QUALITY ASSURANCE
Applicator: Company specializing in conmlerical painting and finishing
with 2 years docLmiented experience approved by product manufacturer.
1.03 SUEMITTALS
General: Submit in accordance with Section 01600 - SUEtIITTALS.
1.04 PRODUCT DELIVERY, STORAGE, AND HANDLING
Refer to Section 01600 - MATERIAL, EQUIPMENT AND JOB CONDITIONS.
1.05 SUBSTITUTIONS
Refer to Section 01640 - SUBSTITUTION AND PRODUCT OPTION.
ORB 8929 page 1
bdl 4/24/89-1
MSR112988 SECTION 09900
PAINTING
PART 2 - PRODUCTS
2.01 GENERAL
A. Manufacturer's: All specified manufacturers and all related and
required appurtenant products for prime, intermediate and finish
coats shall be of highest quality, manufactured by the manufacturers
listed under Paragraph 2.01 (C) below, or "approved equal."
B. Reference Keys: The "FINISH SCHEDULE PRODUCT NUMBER" listed below in
para. (C) (second column) establishes the Product Number for use on
this project and is later referenced in the FINISH samuLES outlined
in sub-sections 3.07 and 3.08.
C. "FINISH SCHEDULE PRODUCT NUMBERS" are defined in this Section and are
referenced in the "FINISH SCHEDULES" Sections 3.07 and 3.08 of this
Specification.
Finish
Manufacturer Schedule
and Product Manuf. Code
Supplier Number Product TyQe No. or Name
o OLYMPIC STAIN 1 Oil stain, semi-
(OR EQUAL) transparent OLYMPIC STAIN
o GLIDDEN (OR APPROVED) 2 Primer Sealer 5019
(latex)
3 Latex enamel 5800
4 Zinc chromate 5533
primer
5 Alkyd enamel 4550
o DALY'S INC. 6 Exterior Clear
Wood Finish 4000 SEA-FIN
Daly
(DALYIS INC.
1121 N. 36th
Seattle, WA 98103
Tel. : 633-4204)
D. Other Required Materials: Materials not specifically noted but
required for the work shall be of quality not less than required by
applicable published Federal Specifications Standards, and as
manufactured by approved firms.
ORB 8929 page 2
bdl 4/26/89-2
MSR112988 SECTION 09900
PAINTING
2.02 MIXING
A. General: Furnish paints ready-mixed unless otherwise specified.
1. Finish materials shall have good flowing and brushing properties,
dry or cure free of streaks or sags and yield the desired finish
specified.
PART 3 - EXECUTION
3.01 JOB CONDITIONS
A. Refer to Section 01600 - MATERIAL, EQUIPMENT AND JOB CONDITIONS-
B. Special Product Handlirxf:
1. Fire Hazard and Safety: Take all necessary precautionary
measures to prevent fire hazards and spontaneous combustion.
2. Toxic Materials: Where toxic materials, and explosive solvents
are used, conform to the manufacturer's recommendations and to
the requirements of the applicable safety regulatory agencies.
In applying and handling toxic materials, provide adequate
ventilation and take protective measures to conform to the
requirements of the applicable safety regulatory agencies.
C. Environmental Conditions: Conform to paint product manufacturer's
recommendations.
D. Protection
1. General: Protect other surfaces from paint and damage caused by
this work.
2. Removal of Hardware and Miscellaneous Items: Carefully remove
electrical outlet and switch plates, mechanical diffusers,
escutcheons, surface hardware, fittings and fastenings prior to
starting work under this Section.
3.02 PREPARATION OF NEW SURFACES
A. General:
1. Remove all dirt, plaster nibs, mortar spatter, fins, protrusions,
and other dry material by scraping or grinding off flush with
finish surface. Remove dust and loose material.
2. Remove all laitance, oil, and grease by washing and scrubbing
with TSP and acid etching or other approved method; rinse with
potable water; let completely dry.
3. verify that surfaces to be coated are dry, clean, and free of
dust, dirt, oil, wax, grease, or other contaminants.
4. Wipe and dust all surfaces prior to painting.
B. WOOD PRODUCTS; PAINT FINISH:
1. Knots, pitch streaks, and sappy sections: Spot coat with sealer.
ORB 8929 page 3
bdl 4/24/89-1
MSR112988 SECTION 09900
PAINTING
2. Exterior and interior woodwork: Backprime prior to installation.
3. Nail holes and fine cracks: Fill after primer has dried.
4. Sand filler smooth, level with surface, ready for finish coats.
C. WOOD PRODUCTS; STAIN FINISH:
1. Provide carpenters with an adequate quantity of stain to apply
one brush coat of stain to job site cut ends and edges as
installation proceeds.
2. Before second or last coat of stain is applied, fill over all
exposed "set" finish and casing nailheads with matching color of
wood filler.
D. GYPSUM WA=ARD: Surfaces are to be crack-free properly finished
and left clean by other trades.
1. Surface defects after prime coating are to be repaired by drywall
trade.
2. After defects are corrected, proceed with finish painting again
using primer over repaired areas.
3.03 PREPARATION OF EXISTING SURFACES
A. EXISTING WORK TO BE RE-PAINTED OR REFINISHED:
1. GENERAL:
a. Loose, blistered, scaled, or crazed finish: Remove to bare
base material surface.
b. Accumulated film of wax, oil, grease, smoke, or other foreign
matter which would impair bond of, or bleed through, new
finishes scheduled for re-painting or refinishing work: Wash
surfaces with T.S.P. and water or other solution as required
to remove; rinse with potable water; let thoroughly dry.
2. DE-GLOSSING: After washing and rinsing as noted above, wipe
existing semi-gloss or high-gloss surfaces, which are to receive
re-finishing work with new semi-gloss or high-gloss materials,
with a liquid de-glosser or approved surface preparation
material.
B. EXISTING SURFACE TO BE RE-FINISHED: In addition to the above
cleaning, provide the following work:
1. EXISTING GYPSUM WAIIWARD•
a. Isolated defects and damaged areas in previously painted
surfaces: Fill with vinyl base spackle.
b. Apply texture on minor work required under this Section as
required to match existing adjacent texture surfaces.
c. Prime all bare, and newly textured surfaces that are
scheduled to receive paint with primer-sealer specified
hereinafter for gypsum wallboard.
2. EXISTING PAINTED METAL: Remove rust and loose paint to bare
metal, solvent wash, apply prime paint.
ORB 8929 page 4
bdl 4/24/89-1
MSR112988 SECTION 09900
PAINTING
3.04 APPLICATION
A. General: Highest quality workmanship by skilled mechanics, in
accordance with best trade practices.
B. FilliM Open7Grain Wood Product Surfaces:
1. Fill open-grain wood product surfaces to produce smooth surfaces,
as approved, concealing grain contours for the following work:
2. Fill open-grain wood product surfaces to reflect grain contours
as approved for the following work:
- Cabinets
- Counters
- Trim
Bases
3. Tint filler to match stain when clear finishes are specified.
4. Work filler well into grain and, before it has set, working
perpendicularly to the grain, wipe the excess from the surface.
3.05 PA`ICHnTG
General: Surfaces damaged by other trades and requiring touchup or
re-finishing after painting and finishing is completed and prior to Owner
occupancy shall be accomplished under the scope and provisions of this
Section 09900 - PAINTING. The costs associated with this "Patching" Work
shall be resolved between the Painting Sub-contractor, General Contractor
and appropriate trade causing damage to finished surface.
3.06 PAINTING AND FINISHING
General: Paint all new surfaces provided under this construction
contract eXCe. pt glass, anodized aluminum and similar items not
pre-finished with factory applied finishes and not specifically excluded
from finishing.
3.07 EXTERIOR PAINTING AND FINISHING SCHEDULE
Refer to the Drawings for additional information and specific areas of
application to surfaces which are cross referenced herein by the "SYSTEM
DESIGNATION" letters shown below (in the left-hand column) .
This "SCHEDULE" is the FINISH SCHEDULE for all new and specifically
designated existing exterior surfaces on this project requiring finish
painting.
Refer to Section 2.01 (C) , above for PRODUCT NUMBERS referenced herein.
ORB 8929 page 5
bdl 4/24/89-1
SECTION 09900
MSR112988 PAINTING
The "Coat Sequence" referenced in the following schedule means:
1 = First Coat
2 = Second Coat
3 = Third Coat
g: em Surface to Coat Product Product
Ntunber
Designation be Finished Sequence TM9
A HOLIOW METAL DOORS AND 1 Primer 4
FRAMES: FERROUS METAL 2 Alkyd Enamel 5
AND GALVANIZED METAL 3 Alkyd Enamel 5
3.08 ITFTE' UOR PAINTING AND FINISHING SCHEDULE
Refer to the Drawings for specific areas of application to surfaces which
are cross referenced herein by the "SYSTEM DESIGNATION" letters shown
below (in the lefthand column) .
This "S " is THE FINISH SCHEDULE for all "new" and specifically
designated existing "interior" surfaces on this Project requiring finish
Painting.
Refer to Section 2.01 (C) , above for PRODUCT NUMBERS referenced herein.
The "Coat Sequence" referenced in the following schedule means:
1 = First Coat
2 = Second Coat
3 = Third Coat
System Surface to Coat Product Product
Designation be Finished Sequence
TVpe
Ntunber
B and C (No finishes - not applicable)
D HARDWOOD TRIM; 1 Exterior Clear 5
HAPZWOOD; WOOD TRIM Wood Finish
2 Exterior Clear 5
Wood Finish
E WOOD CABINETS AND TRIM NOT 1 Stain 1
ALREADY FACTORY FINISHED 2 Exterior Clear 5
Wood Finish
F PLASTIC LAMINATE AT No field
finish
CABINETS required
G WOOD TRIM AND SHELVES AT 1 Stain 1
CABINET'S NOT AIREADY 2 Exterior Clear 5
FACTORY FINISHED 3 Wood Finish
page 6
ORB 8929
hrll d/9A/RA-2
MSR112988 SECTION 09900
PAINTING
System Surface to Coat- Product Product
Designation be Finished Sequence Tvpe Number
H GYPSUM WALLBOARD 1 Primer sealer 2
2 Latex enamel 3
3 Latex enamel 3
I - J (No finishes - not applicable)
K MECRANICAL AND E E=CAL --- --- Finish to
EXPOSED TO VIEW UNLESS match color
NOTED OTHEWISE of adjacent
surfaces
(refer to
Para. 3.09
of this
section)
L PAT=G OF ALL SURFACES — --- Reconstruct
DISRUPTED BY WORK UNDER and finish
THIS CONTRACT' to match
color of
adjacent
surfaces
M NO ADDITIONAL FINISHES --- -- No field
REQUIRED finish
required
END OF SECTION
ORB 8929 page 7
bdl 4/24/89-1
MSR110883
SECTION 10800
TOIIET AND BATH ACCESSORIES
PART 1 - GENERAL
1.01 DESCRIPTION
A. Work Included: Toilet and Bath Accessories required for this Work
include but are not necessarily limited to items listed under Part 2
of this Section.
B. Related Work Described Elsewhere:
1. Carpentry Section 06105
2. Gypsum Wallboard Section 09250
C. Alternates: Refer to Section 01100 - BASE BID AND ALTERNATES, for
possible effect on work in this Section.
1.02 QLTAT Trf V ASSURANCE
Qualifications of Manufacturer and Installers: Refer to Section 01430 -
QUALITY ASSURANCES.
1.03 SUBMITTALS
A. General: Submit in accordance with Section 01300, SUBMITTALS.
B. Shop Drawings: Submit complete Shop Drawings. Indicate mountings,
positions, etc. on Shop Drawings. Manufacturer's catalog cuts may be
submitted in lieu of shop drawing provided that cuts contain all
required information clearly identifying that which is applicable to
this project.
C. Maintenance: Furnish Owner with complete instructions, spare and
replacement parts lists, recommended maintenance and cleaning
materials, and other pertinent data required to maintain accessories.
D. Maintenance Tools and Keys: If accessories installed require special
tool or key for installation or maintenance, furnish the Owner a
minimum of 2 each type. Obtain signed receipt and submit copy as a
condition of final payment.
E. Keying: Where key-operated locks are required for accessories, key
locks as directed; obtain keying instruction from Owner prior to
installation of locks.
1.04 PRODUCT DELIVERY STORAGE, AND HANDLING
Refer to Section 01600 - MATERIAL, EQUIPM= AND JOB CONDITIONS.
ORB 8929 page 1
bdl 4/27/89-1
MSR110883 SECTION 10800
TOILET AND BATH ACCESSORIES
1.05 SUBSTITUTIONS
Refer to Section 01640 - SUBSTITUTION AND PRODUCT OPTIONS.
PART 2 - PRODUCTS
2.01 FASTF�I7NGS
All accessories shall be complete with all required fastenings. All
fastenings shall harmonize with the item being fastened, and all
fastenings shall be of the "vandle-proof" or non-removable type head.
2.02 TOILET AND BATH ACCESSORIES
A. PAPER TOWEL DISPENSER (PTD) :
Manufacturer: ------------------------ " K"
-263
Model No. : —--------—---------------- B-263
Material: ------------------------ - 22 gauge stainless steel
Size: ------—--------—-------------- 12-1/4' x 7-1/4" x 6" deep
,Type: _—-----—-----—---------------- Surface mounted
Capacity: --------------------------- 400 single fold paper towels
Quantity: ----------------------------- one
Location: --------------------------- refer to floor plan
B. SOAP DISPENSER (SD) :
Manufacturer ------------------------- "BOBRICK"
Model No. : ---------------------------- B-45 or equal
Feature: -------------------------- Locking filler cap
Type, Surface mounted installation
Size: ---_—__� ------------ 3-1/2" wide x 6 high
Material: Type 304 stainless steel
Quantity: ---------- one
---------------
Location: ----------------------------- refer to floor plan
PART 3 - EXECUTION
3.01 JOB CONDITIONS
Refer to Section 01600, MATERIAL, EQUIPMENT AND JOB CONDITIONS.
3.02 PREPARATION
Backing and Blocking: Locate and install backing and blocking required
for toilet accessories prior to application of wall surfaces.
ORB 8929 page 2
bdl 4/29/89-2
MSR110883 SECTION 10800
TOILET AND BATH A=SORIES
3.03 INSTALIATION
A. General: Install accessories in accordance with manufacturer's
directions.
B. Surface Type Accessories: Exercise special care to install in a
rigid, plumb and secure manner.
C. Fastening: Coordinate and provide the exact type of attachment
devices or accessories requried by conditions of installation.
D. Location: Install all accessories at locations indicated on Drawings
or where specified herein. If locations are not shown on the
Drawings, provide quantities indicated in products sections and
install as directed by Architect.
E. Cleaning: Upon completion leave all surfaces clean and free from
defects. Protect from damage until final acceptance.
END OF SECTION
ORB 8929 page 3
bdl 4/27/89-1
MSO42689
SECTION 11400
KITCHEN APPLIANCES
PART 1 - GENERAL
1.01 SCOPE
A. Work Included: Work includes but is not limited to providing and
installing the appliances described herein and as shown on the
drawings. Work includes but is not limited to the following types of
appliances:
1. Refrigerator/Freezer
2. Dishwasher
3. Microwave oven
4. Ovens
5. Disposals
6. Washer/Dryer (clothing)
7. Ranges
8. Cooktops
9. Hoods
B. Related Work Described Elsewhere:
1. Demolition Section 02110
2. Carpentry Section 06105
3. Electrical, General Conditions Section 16050
4. Cabinets/Residential Kitchen Section 11900
1.02 QUALITY ASSURANCE
A. Codes and Standards: Refer to Section 01080 - APPLICABLE CODES AND
STANDARDS.
B. Electrical equipment shall be in accordance with applicable standards
of the Underwriters Laboratory (UL) . Evidence meeting the
requirements of UL shall be any one of the following:
1. Display. of UL label on the equipment.
2. UL listing mark.
3. A certified test report from a nationally-recognized independent
testing laboratory indicating that the specific food service
equipment has been tested and conforms to the applicable UL
standards.
1.03 SUBMITTALS
A. General: Submit in accordance with Section 01300 - SUBMITTALS.
ORB 8929 page 1
bdl 4/27/89-2
MSO42689 SECTION 11400
KITaMN APPLIANCES
B. Shop Drawings: Shop drawings shall consist of a complete list of
equipment and materials, including manufacturer's descriptive and
technical literature, performance charts, catalog cuts, and
installation instructions. Shop drawings shall contain complete
wiring, and schematic diagrams and any other details required for
installation.
C. Manufacturer's Instructions: The Contractor shall furnish complete
copies of operating instructions. The instructions shall include the
manufacturer's name, model number, service manual, parts list, and
brief description of all equipment and their basic operating
features.
1.04 WARRANTIES
A. Manufacturer's Warranty: The manufacturer shall provide the Owner
with its standard written warranty, which shall cover as a minimum
unless noted otherwise below one year warranty from the "Date of
Acceptance" by the Owner, at no additional charge for all parts,
service and labor to repair or replace any part of the appliance that
fails because of a manufacturing defect.
B. Installer's Warranty: Each appliance installation shall be
unconditionally warranted against defects for one year after the
"Date of Acceptance" by the Owner. The warranty shall be construed
to mean that the Contractor or his installer will be responsible for
repairs or replacement at his expense if required after the original
installation is completed. The exact time for any replacement work
shall be left to the discretion of the Owner, but shall be within 12
months after "Final Approval" of the initial installation. The
Contractor shall be notified immediately when defects are noticed and
he shall at his expense promptly replace any and all improper work
and material that may become apparent within 12 months after "Final
Acceptance."
1.05 PRODUCT DELIVERY, STORAGE AND HANDLING
Refer to Section 01600 - MATERIAL, EQUIPM= AND JOB CONDITIONS.
1.06 SUBSTI'I[TrIONS
Refer to Section 01640 - SUBSTITUTION AND PRODUCT OPTION.
ORB 8929 page 2
bdl 4/26/89-1
MS042689 SECTION 11400
KITCHEN APPLIANCES
PART 2 - PRODUCTS
2.01 MATERIALS
A. Refrigerator/Freezer:
1. Unit "A":
Manufacturer: GENERAL ELECTRIC
Model No. : TFX 22DK
rl),pe: _--_ _— Side-by-side
Capacity: -- - --- 21.7 cu. ft. (total)
6.7 cu. ft. (freezer)
Dimensions
Width: 33"
Height: 66-5/8"
Depth: 31-1/4" (include handle)
Rating: — 1215 kwh/year
Circuit Protection: --- 15 amps
Color: As selected from standard
Quantity: - one
2. Unit "B":
Manufacturer: GENERAL ELECTRIC
Model No. : -- TBX 24ZK
Type: --_ ---------- over (freezer)/under
(refrigerator)
Capacity: -- -------- 23.6 cu. ft. (total)
7.21 cu. ft. (freezer)
Dimensions
Width: -- - --- 34-1/2"
Height: ------------ 6711
Depth: ----- --- 31-1/2" (include handle)
Door Opening; hinge at left
Rating: ---- -- ---- -- 1156 kwh/year
Circuit Protection: -- 15 amps
Color: As selected from standard
Quantity; --- -------- -- one
B. Dishwasher:
Manufacturer: ------ --- GENERAL ELECTRIC
Model No. : GSD900G
Type: ----------- --- — Built-in
Control Type. __--------- ----- turn-to-start
Dimension
Width: - -- 24"
Height: ---- ---- 34 to 35"
Depth: ----_------------ 26-1/4"
Rating: -- - ---- 8.6 anps
Circuit Protection: -------------- 15 amps
Color: -- --------___ As selected from standard
Quantity: ------ one
Additional Warranty: ------------ Tub: Full 10-year
Parts: Limited 2-year
ORB 8929 page 3
bdl 5/16/89-3
MS042689 SECTION 11400
KITCHEN APPLIANCES
c. Microwave ovens:
1. Unit "A":
Manufacturer: - GENERAL ELECTRIC
Model No. : --- - JKP78GK
Type: _ _ -------- Built-in combination
oven/microwave (microwave
upper/oven lower)
Microwave Capacity: ---- 1.4 cu. ft.
Dimension
Width: --- --- - 2611
Height: — -- 42"
th:
11
Rates �w r����_--- - 743 kw
Circuit Protection: ---- 35 amps
Color: ----- --- As selected from standard-
Quantity: ---- - -- one
2. Unit "B":
Manufacturer: GENERAL ELECTRIC
Model No. : JVM172
Type:
Spacemaker (upper cabinet)
Microwave capacity: 1.0 cu. ft.
Dimension
Width: 18"
Height: 7-1/2"
Depth: — 12-1/2"
gating: --- ------- 1350 watts/13 amps
Circuit Protection: --- 15 amps
Color: ------- --- ------ as selected from standard
Quantity: -- ------------- one
D. Disposer:
Manufacturer: GENERAL ELECTRIC
Model No. : --- GFC1000G
Type: _ � continuous feed
Motor Size: -- 3/4 horsepower
Rating: 6 anPs
Circuit Protection: - 15 amps
Quantity: two
E. WasherZDryer:
Manufacturer: GENERAL ELECTRIC
Type: � _��� Spacemaker/stationary rack
Model No.
Washer: r -- — - WWP1180G (120V)
dye.: �_ _� - DDP1380G (240/208V)
Weser/Dryer Frame Kit: ---- ---- WDF-85 (install stationary
dryer over stationary
washer)
Dimension
Width: ------ - 23-1/2"
Height: ------ 7511
Depth: -- ---------- 28-15/16" (dryer mounting/
position "B")
ORB 8929 page 4
bdl 5/16/89-3
SECTION 11400
ES042689 KriUiEN APPLIANCES
Exhaust Location: ------------'--- Alt. rear exhaust
Circuit Protection: 30 amps, dryer;
15 amps, washer
Color: ------ — As selected from standard
Quantity: _--_-- ---------- one each dryer and washer
F. Ranges/Cooktops.
1. Unit "A":Manufacturer: -- Gam , ELECTRIC
--- --
Model No. : JSP48GJ
Freestanding grill/griddle
range
Optional Module: -- Provide with 2 conventional
surface heating units,
6" and 8" calrod
Dimension
Width: --- -----_-- 30n
Height: 44" (include 8" back panel)
Depth: -- 2711
Rating: --- 12.1 kw
Circuit Protection: - 35 amps
Color: -- As selected from Standard
Quantity: - -- - one
2. Unit "B":
Manufacturer: ---~--- GENERAL ELECTRIC
Model No. : ----_—_— --------- JP362BK
Z,ype: _� �_��_�r_�r Built-in updraft modular
cooktop
Optional Module: -- -—- Calrod, (6" and 8" elements)
Dimension
Width: ---- 30"
Height: 6" (plus grease bottle)
Depth: -- 24-9/16"
Rating: --- -- - --- 7.4 kw
Circuit Protection: - - 35 amps
Color: As selected fram standard
Quantity: one
G. Hood: GENERAL ELECTRIC
Manufacturer: ----------_--_�r�
Model No. . -- -- ----- JV674
,hype; �_-- --��-------_---- High air-flow/vented
Dimension
Width: -- -M 9�,
Height: ---------------------- 3611
Depth:
2011
Exhaust Location: - —--__ w Vertical
Exhaust Duct Size: ----- 3-1/4" x 10" rectangular
CFM: —--------------------------- 440 CFM
Rating: -------------------------- 6.0 kw
Circuit Protection: ---------------
15 amps
Finish: ---------—----'�--�---- As selected from standard
Quantity: ---- ---------------- one
ORB 8929 page 5
bdl 5/16/89-3
MSO42689 SECTION 11400
II'l= APPLIANCES
PART 3 - EXECUTION
3.01 JOB CONDITIONS
A. General: Refer to Section 01600 - MATERIAL, EQUIPMENT AND JOB
CONDITIONS.
B. Examination:
1. Verify that openings, outlets, utility provisions and adjoining
finishes are properly prepared, sized, and located.
2. Prior to starting work notify General Contractor about defects
requiring correction.
3. Do not start work until conditions are satisfactory.
3.02 INSTALLATION
A. General:
1. Install materials as detailed and in accordance with the
manufacturer's written specifications and details.
2. Secure equipment plumb, level, square, and true as applicable.
Uncrate and dispose of all packaging.
B. Equipment Connections: The Contractor shall make provisions for
electrical connections to all appliances in accordance with
applicable codes and manufacturer's requirements.
C. Testing: All equipment shall be inspected and tested for proper
operation after installation. If inspection or tests show defects,
such defects shall be corrected and inspection and test shall be
repeated.
3.03 AD:TUSTING
Adjust moving parts to operate satisfactorily at time of Project
Substantial Completion and during Warranty Period.
3.04 CLEANING AND REPAIRZr1G
A. Remove debris from Project Site upon work completion, or sooner if
directed.
B. Clean, repair and touch-up, or replace when directed products which
have been soiled, discolored, or damaged by work of this Section.
C. Leave installation clean and defect-free.
3.05 MAItTrENANCE AND OPERATIONS MANUALS
Provide Owner with operating and maintenance manuals for each piece of
equipment. Connect all equipment and make operational.
END OF SECTION
ORB 8929 page 6
bdl 5/16/89-3
MSO42689
SECTION 11900
CABINETS/RESIDENTIAL KITCHEN
PART 1 - GENERAL
1.01 SCOPE
A. Work Included: The work of this section includes but is not limited
to the production and installation of:
1. Factory-built cabinets.
2. Plastic laminate finished countertops.
3. Prefinished panels and trim.
4. Prefinished wood bases, backsplashes, self edges, parts and
accessories.
B. Related Work Described Elsewhere:
1. Carpentry Section 06105
2. Gypsum Wallboard Section 09250
3. Painting Section 09900
4. Kitchen Appliances Section 11400
5. Mechanical Division 15
C. Alternates: Refer to Section 01100 - BASE BID AND ALTERNATES for
possible effect on work in this Section.
1.02 OUA= ASSURANCE
Refer to PART 2 - PRODUCTS, paragraph 2.01, "PRODUCTS AND SYSTEMS."
1.03 SUBMITTALS
A. General: Submit in accordance with Section 01300 - SUBMITTALS.
B. Shop Drawings•
1. Submit conplete Shop Drawings of all elements.
2. Verify all dimensions at job site.
3. Shaw all fabrication and erection details including cuts, copes,
connections, holes and fasteners.
4. Show all dimensions, both shop and field.
5. Identify location of member by "piece mark."
C. Color Charts/Sanples: Provide color charts and/or samples for
plastic laminate, woods and finish hardware.
1.04 PRODUCT DELIVERY, STORAGE AND HANDLING
Refer to Section 01600 - MATERIAL, EQUIPM= AND JOB CONDITONS.
ORB 8929 page 1
bdl 5/16/89-2
MSO42689 SECTION 11900
CABINETS/RESIDENTIAL Krl'=
1.05 SUBSTITUTIONS
Refer to Section 01640 - SUBSTITUTION AND PRODUCT OPTION.
PART 2 - PRODUCTS
2.01 PRODUCTS AND SYSTEMS
A. General: It is recognized that within the production cabinet
manufacturing industry there are several competent and experienced
manufacturers who have products and/or capabilities to provide a good
quality residential cabinet system; therefore, it is not the intent
of these specifications to be exclusive or unnecessarily restrictive,
within the limitations of the Owner's budget and the performance and
appearance requirements. With the exception of certain specifically
noted requirements, the intent of these specifications is to be of
performance-type specification.
The minimum thickness or gauge of materials is restricted to the
standard cabinet line specified but beyond that the intent is to
allow the use of an individual manufacturer's standard system,
modified where required to comply with the project details and based
upon final review and approval of system by the Architect. The final
system and manufacturer selected shall be used throughout unless
specifically approved otherwise.
B. Specified Manufacturers: For purposes of designating the type and
quality of cabinet system approved for use under this section and on
this project, the products and systems of the following are
designated:
DEWILS INDUSTRIES, INC.
6307 Northeast 127th Avenue
Vancouver, Washington 98662
Telephone: 206/892-0300
local representative:
WAREHOUSE KITCE EN SALES
A Division of National Kitchen Centers
233 "D" Street Northwest
Auburn, Washington 98001
Attention: Sharon Foles, Design Consultant
Telephone: 206/833-6340
Manufacturers not listed above but supplying products of equivalent
quality and type to those outlined in this Section shall submit
proposals to the General Contractors submitting proposals on the
project. The specific manufacturer and system selected will be
reviewed under the provisions of "or approved equal" as described in
Section 01640 - SUBSTITUTION AND PRODUCT OPTION, after the bid
proposals have been received.
ORB 8929 page 2
bdll 4/27/89-1
SECTION 11900
MSO42689
CABINETS/RESIDENTIAL KI'I'C1III1
2.02 CABINETS; PARTS AND ACCESSORIES
A. Cabinets:
1. General: Refer to the drawings for location and paragraph 3
below for additional description of each item number listed.
2. Cabinet Style: OpNTINENri'AL EXPRESS, 9032, modified to provide
oak handles similar to NOVA EXPRESS 9632.
Color:
Wood: ---- As selected
Plastic Laminate: - --- As selected
3. Additional Description:
Item Description Model Covent
A. Utility cabinet UT-1584 x 24
B. Wall cabinet W-3615 x 24
C. Base chop blk cab - 4 BCBD-24 - 4
D. Wall cabinet W-2431 x 12
E. Wall cabinet W-3018 x 12
F. Wall cabinet W-1231 x 12
g. Base corner lazy sue BLS-3645 right hinge
H. Wall lazy susan WLSAG48 left hinge
I. Upper cabinet W-1831 x 12 left hinge
j. Base tray cabinet BT-9 left hinge
k. Base sink cabinet BS-24 w/tilt-out tray
1. Base sink cabinet BS-42 w/tilt-out tray
M. Dishwasher side panel RP-2484 1-1/2" face stile
N. Wall cabinet W-2431 x 12
0. Wall knack knack WKK-0931 (9" x 12")
P. Wall cabinet W-2415 x 24
p-1. Special side panels SSP-3084 1-1/2" face stile
q. Sink countertop -- special - no base;
provide valance
board
R. Wall cabinet W-3031 x 24
S. Base corner lazy sue BLS-3645 left hinge
T. Wall cabinet W-3612 x 24
U. Wall cabinet W-1231 x 24 right hinge
V. Base tray cabinet BT-9 right hinge
W. Double oven cabinet OV-2784-D
X. Wall cabinet W-3615 x 24
y. Cooktop cabinet -- special - no base;
provide valance
board
B. Parts and Accessories:
Item Use Description Model
1. Wood base backsplash-self edge (3/4" x 411)
2. Backsplash backsplash-self edge 45 deg.
chamfer with groove (3/4" x 411)
3. Self edge backsplash-self edge 45 deg.
chamfer with groove (3/4" x 1-3/411)
4. Ceiling Molding A-1 (3/8" x 7/811)
ORB 8929 page 3
bdl 5/16/89-2
MSO42689 SECTION 11900
CABINETS/RESIDENTIAL K1=1N
5. Shelving prefinished plywood (Birch) finish
2-sides and 4 edges
6. Utility end as required
7. Wall/corner fillers as required
8. Base sink - tilt-out
trays where noted
C. Hardware: Provide Dewils standard cabinet hardware for specified
cabinet sytle as well as the separate oak pulls listed above.
2.03 LAMINATE; PLAM OR PLASTIC LAMINATE
A. High Pressure Laminate:
1. Meet NEMA stadards.for vertical grade.
2. Color selection from minimum of 25 solid and 8 wood grain
patterns.
3. Thickness: .050± inches.
B. Balancinq_Sheet_
1. Heavy gauge high pressure plastic laminate balancing sheet.
2. Meet NEMA GP50 standards for general purpose type matte finish.
C. Polyester Surface:
1. Where called for; 60 percent plastic laminate overlay.
2. Phenolic overlay not acceptable.
2.04 GLUES AND ADHESIVES
Use only the best type of quality for the intended uses as recommended by
AWI for condition and species. All materials shall be waterproof;
phenol-resorcinol or epoxy types.
2.05 OTHER MATERIALS
All other materials not specifically described or listed herein but
required for a complete and proper installation of all cabinets/
residential kitchen work shall be as selected by the Contractor, but
subject to final approval of the Architect.
PART 3 - EXECZJT•ION
3.01 JOB CONDITIONS
Refer to Section 01600 - MATERIAL, EQUIPM= AND JOB CONDITIONS.
ORB 8929 page 4
bdl 5/16/89-2
MSO42689 SECTION 11900
CABINEEI'S/RESIDEN= KITC=
3.02 SURFACE CONDITIONS
Field Measurements: The cabinet manufacturer/supplier is responsible for
details and dimensions not controlled by job conditions and shall show on
the shop drawings all required field measurements. The Contractor and
the cabinet manufacturer shall cooperate to establish and maintain these
field dimensions.
3.03 FABRICATION
A. Fabricate casework to ensure durable and rigid unit and to permit
plumb and level site installation.
B. Align adjoining units for site assembly modules to achieve tight
hairline joints.
C. Prepare units with anchor devices to permit ease of site assembly.
D. Prepare countertops with joint devices to ensure hairline site
joints.
E. Provide cutouts for plumbing fixtures, inserts, appliances, outlet
boxes, and other fixtures and fittings. Verify location of cutouts
from on-site dimensions. Prime paint seal contact surfaces of cut
edges-
F. For cabinet dimensions for base, vanity base, and wall cabinets,
refer to page 7 of this section.
3.04 INSTALLATION
A. Set and secure casework in place rigid, plumb, and level.
B. Use purpose-designed fixture attachments for wall-mounted components.
C. Use threaded steel concealed joint fasteners to align and secure
adjoining cabinet units, counter tops.
D. Permanently fix cabinet and counter bases to floor using appropriate
angles and anchorages.
E. Carefully scribe casework which abuts other building materials,
leaving gaps of 1/32 inch maximum.
3.05 ADJUSTM= CLEANING FMSHING AND PROTECTION
A. Damaged or Defective Work: Repair damaged and defective woodwork
wherever possible to eliminate defects functionally and visually;
where not possible to repair properly, replace woodwork. Adjust
joinery for uniform appearance.
ORB 8929 page 5
bdl 5/16/89-2
MS042689 SECTION 11900
CABIN EI'S/RESIDENTIAL KITCVN
B. Cleaning: Clean hardware, lubricate and make final adjustments for
proper operation. Clean woodwork on exposed and semi-exposed
surfaces. Touch-up shop-applied finishes to restore damaged or
soiled areas.
C. Finishing; Complete the finishing work specified as work of this
Section, to whatever extent not completed at shop or prior to
installation of woodwork.
D. Protection: Installer of work under this section shall advise
Contractor of final protection and maintained conditions necessary to
ensure that work will be without damage or deterioration at time of
acceptance.
ORB 8929 page 6
bdl 5/16/89-2
SECTION '11900
BASE VANITY BASE
r---20 718"
I "114"
3 /2"
20„ 30 114"
35 114 BASE CABINETS: F-- 16"
314"ADJUSTABLE
�-- 16" SHELVES
4'
I
T
1 �I �3"�►
4' ,
T
WALL CABINETS
�-- 12"--i - 12" -+ I-1 2 12"--a
24"
31'/4"
• 36"
42" '
T
�-- 12" 1 2 12"
WALL CABINETS: T
3!4"ADJUSTABLE
SHELVES
15" I 12"
18" 1
END OF SECTION
page 7
MSO41489
SECTION 15010
MECHANICAL WORK, GENERAL
PART 1 - GENERAL
1.01 SCOPE
A. General:
1. Conform to Conditions of the Contract.
2. Conform to Division 1, General Requirements.
B. Work Included:
1. Provide all mechanical systems, complete as shown on Drawings,
and as specified herein.
2. Systems shall be completed and functional, including all
incidental items whether or not specifically called out,
necessary for operation to the performance levels specified, and
for controlling, balancing, and servicing.
C. Related Work Described Elsewhere:
1. Painting Section 09900
2. Electrical Work Division 16
1.02 OUAI=— ASSURANCE
A. Codes and Ordinances:
1. Comply with all applicable codes, including Uniform Building
Code, Sanitary Codes, Uniform Plumbing Code, Uniform Mechanical
Code, and National Electrical Code, as adopted by the State of
Washington. Equipment shall comply with all requirements of
Underwriters Laboratories, and be so labeled.
2. Obtain and pay for all required permits.
3. Compliance with codes and ordinances shall be at Contractor's
expense.
B. Quality Standards: Construct to first class commercial standards,
industrial components throughout.
1. All materials shall be new and of best quality.
2. Equipment specified shall be supplied as a complete unit in
accordance with manufacturer's standard specifications for the
equipment unless noted otherwise.
3. Equipment and materials shall be installed in accordance with
manufacturer's recommendation and best trade practice, by
mechanics skilled in the task involved, with full time
superintendancy while mechanics are working on the job site.
C. Definitions: As used in this specification division, "provide" shall
mean to furnish, install and connect up ready for use.
ORB 8929 Page 1
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MS041489 SECTION 15010
MECHANICAL WORK, GIIIERAL
D. Substitutions: Approval shall be governed by condit'ons :of
Section 01640.
1.03
A. Shop Drawings and Equipment Submittals
1. The Contractor shall submit for approval detailed shop drawings
of all equipment and all material required to complete the
project, and no material or equipment may be delivered to the job
site or installed until the Contractor has in his possession the
approved shop drawings for the particular material or equipment.
The shop drawings shall be complete as described herein. The
contractor shall furnish three (3) copies, each in a single
binder, neatly bound and indexed.
2. Samples, drawings, specifications, and catalogs submitted for
approval shall be properly labeled indicating specific se-rvice
for which material or equipment is to be used and section and
article number of specifications governing.
3. Catalogs, pamphlets, or other documents submitted to describe
items on which approval is being requested, shall be specific and
identification in catalog, pamphlet, etc. , of item submitted
shall be clearly made in ink. Data of a general nature will not
be accepted.
4. Approval rendered on shop drawings shall not be considered as a
guarantee of measurements of building conditions. Where drawings
are approved, said approval does not mean that the drawings have
been checked in detail; said approval does not in any way relieve
the Contractor from his responsibility or obligation for
furnishing material or performing work as required by the
Contract Drawings and Specifications. The Contractor shall
review and stamp with his approval all shop drawings before
submission to the Architect or engineer. The Contractor shall
notify the Architect or Engineer of any deviation from
requirements of the contract documents.
5. Failure of the Contractor to submit drawings in ample time for
checking shall not entitle him to an extension of contract time,
and no claim for extension by reason of such default will be
allowed.
B. Equipment Deviations:
1. Items of equipment or material designated in the plans or ._
specifications by use of a specific manufacture and number are so
noted to indicate a standard of design and not necessarily to be
restrictive.
2. Where the Contractor proposes to use an item of equipment other
than that specified or detailed on the Drawing, which requires
any redesign of the structure, partitions, foundations, piping,
wiring or any other part of the mechanical, electrical or
architectural layout, all such redesign, and all new drawings and
detailing required therefor, shall be prepared by the Contractor
at his own expense and submitted to the Architect for approval.
ORB 8929 Page 2
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MSO41489 SECTION 15010
MECHANICAL WORK, GENERAL
3. Where such approved deviation requires a different quantity and
arrangement of piping, wiring, conduit, and equipment from that
specified or indicated on the Drawings, the Contractor shall
furnish and install any such piping structural supports,
insulation, controllers, motors, starters, electrical wiring and
conduit, and any other additional equipment required by the
system, at no additional cost to the Owner. The Contractor shall
pay for all additional construction costs.
C. Certificates: Provide signed statement by Local Health Department
Authority that the completed installation complies with all current
regulations of that Agency.
D. Proiect Record Documents: Installer shall record and turn over to
Contractor an accurate legible set of drawings, dimensioned to
reflect actual conditions of installation. Method of dimensioning
shall be so organized and referenced to allow all parts of the system
to be easily located with 50 foot tape measure. Refer to Section
01700.
E. Operations and Maintenance Data: Refer to Section 01700.
1. Maintenance and Repair Guides: Submit manufacturer's maintenance
and repair guides for Owner's use in maintaining and repairing
equipment and materials installed.
2. Instructions to Owner: Installer shall conduct familiarization
and training sessions in person to thoroughly acquaint Owner's
maintenance personnel with the proper operation and maintenance
of the installed system.
F. Portable or Detachable Parts:
1. Installer shall retain in his possession and shall be responsible
for all portable and detachable parts or portions of
installations such as key locks and hose keys until final
completion of his work.
2. These parts shall be delivered to Owner or his authorized
representative and an itemized receipt obtained.
1.04 PRODUCT DELIVERY, HANDLING AND STORAGE
A. Delivery: Deliver all products to job site in manufacturer's
unopened containers or packaging with seals unbroken, labels and
grade marks intact. Verify that each item is identified as required
herein. Deliver no unmarked materials.
B. Handling and Storage: Prevent damage to materials, pipe, pipe lining
or coatings, and prevent dirt and foreign material from entering
pipe, fittings or accessories.
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MS041489 SECTION 15010
MEaiANICAL WORK, GENERAL
1.05 JOB CONDITIONS
A. Examination of Site and Doc�une_nts:
1. The drawings constitute an integral part of this contract and
shall serve as working drawings. They indicate the general
layout of the complete mechanical systems.
2. The mechanical layouts indicated on the drawings are
diagrammatic. Diagrams must not be used for obtaining lineal
runs of pipe. Exact routing of pipes may be governed by
structural conditions, physical interferences and by location of
existing utilities on the site. Locate and install equipment so
that it will be readily accessible for maintenance and operation.
The architect reserves the right to require any minor changes in
location of pipe or equipment, prior to cover, without incurring
any additional costs or changes to the Owner.
3. Field verification of scale dimensions on plans is required since
actual locations, distances and levels will be governed br actual
field conditions.
4. The Contractor shall check architectural and electrical plans to
avert possible installation conflicts. Should drastic changes
from original plans be necessary to resolve such conflicts,
Contractor shall notify the architect and secure written approval
and agreement on necessary adjustments before the installation is
started.
5. Discrepancies noted on different plans, between plans and actual
field conditions, or between plans and specifications, shall
promptly be brought to the attention of the architect for
resolution.
1.06 SEQUEA1CIl ' SCHED(=G
A. Coordination Between Trades: Carefully coordinate work of all trades
to insure proper sequence of installation. Work installed out of
sequence may be required to be removed and replaced to permit proper
installation of materials.
B. ScheduliM: Schedule installation of work in this Division such that
damage does not occur from work by other trades-
C. Delays and Discrepancies: Promptly report delays, discrepancies and
conflict to the architect.
1.07 GUARANTEE
The Contractor shall guarantee all materials and worroanship for a period
of one year from date of substantial completion and shall agree to
remedy, without delay or expense to the Owner, any defects that occur
prior to expiration date, provided that in the judgement of the architect
same are not the results of misuse or abuse.
ORB 8929 Page 4
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SECTION 15010
MS041489 MECHANICAL WORK, GENERAL
PART 2 - PRODUCTS
NOT APPLICABLE
PART 3 - EXECUTION
3.01 GENERAL
-'A. Examination of Documents:
1. The mechanical layouts indicated on the drawings are
diagrammatic. Diagrams must not be used for obtaining lineal
runs of pipe. Exact routing of pipes may be governed by
structural conditions, physical interferences and by location of
existing utilities on the site. Locate and install equipment so
that it will be readily accessible for maintenance and operation.
The architect reserves the right to require any minor changes in
location of pipe or equipment, prior to cover, without incurring
any additional costs or changes to the Owner.
2. Field verification of scale dimensions on plans is required since
actual locations, distances and levels will be governed by actual
field conditions.
3. The Contractor shall check architectural and electrical plans to
avert possible installation conflicts. Should drastic changes
from original plans be necessary to resolve such conflicts,
contractor shall notify the architect and secure written approval
and agreement on necessary adjustments before the installation is
started.
4. Discrepancies noted between plans and actual field conditions, or
between plans and specifications, shall promptly be brought to
the attention of the architect for resolution.
5. Offsets in Piping: The dawirigs do not show exact details of all
Pipes. No extra payment will be allowed where obstructions in
the work of other trades or work under this Contract require
offsets in the piping.
B. I ion: fully inspect installed
1. Prior to all work of this Division, care
work of other trades and verify that all such work is complete to
the point where this installation may properly commence.
2. Verify that materials may be installed in accordance with the
original design, manufacturer's current recommendations, and
these specifications.
C. Acceptance of Job Conditions; Proceeding with work shall constitute
acceptance of conditions under which work is to be done.
D. Protection: Protect materials before, during and after installation;
protect the installed work and materials of all other trades; exclude
debris and foreign materials from pipe.
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MS041489 SECTION 15010
MECHANICAL WORK, GENERAL
E. Replacements: In the event of damage to existing facilities or work
under this contract immediately make all repairs and replacements
necessary to the approval of the architect at Contractor's expense.
F. Cooperation with Other Trades:
1. This Contractor shall give full cooperation to other trades and
shall furnish in writing to other contractors, with copies to the
Architect, any information necessary to permit the work of all
trades to be installed satisfactorily and with the least possible
interference or delay.
2. Where the work of the Mechanical Contractor will be installed in
close proximity to, or will interfere with work of other trades,
he shall prepare composite working drawings and sections at a
suitable scale not less than 1/4" = 1'0", clearly showing how his
work is to be installed in relation to ceilings, structural
members and trades. If the Contractor installs his work before
coordinating with other trades, or so as to cause any
interference with work of other trades, he shall make the
necessary changes in his work to correct the condition without
extra charge.
3. The Contractor shall furnish to other trades, as required, all
necessary templates, patterns, setting plans, and shop details
for the proper installation of work and for the purpose of
coordinating adjacent work.
G. (ITEM DEL= N.I.C.)
H. Material and Worlananship:
1. All materials and apparatus required for the work shall be new,
of first-class quality, and shall be furnished, delivered,
erected, connected and finished in every detail, and shall be so
selected and arranged as to fit properly into the building
spaces. Where no specific kind or quality of material is given,
a first-class standard article as approved by the Engineer shall
be furnished.
2. The Contractor shall furnish the services of an experienced
superintendent, who shall be constantly in charge of the
installation of the work, together with all skilled workmen,
fitters, metal workers, welders, helpers, and labor required to
unload, transfer, erect, connect-up, adjust, start, operate, and
test each system.
3. Unless otherwise specifically indicated on the plans or
specifications, all equipment and materials shall be installed
with the approval of the Architect in accordance with the
recommendations of the manufacturer. This includes the
performance of such tests as the manufacturer reco mnends.
I. Accessibility:
1. Contractor shall be responsible for the suffiency of the size of
shafts and chases and the adequate clearance in double partitions
and hung ceilings for the proper installation of his work. He
ORB 8929 Page 6
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NLS041489 SECTION 15010
MECHANICAL WORK, GENERAL
shall cooperate with the General Contractor and all other
contractors whose work is in the same space, and shall advise the
General Contractor of his requirements. Such spaces and
clearances shall, however, be kept to the minimum required.
2. Contractor shall locate all equipment which must be serviced,
operated, or maintained in fully-accessible positions. Equipment
shall include but not be limited to valves, motors, controllers,
switch.-gear, and drain points. Minor deviations from Drawings
may be made to allow for better accessibility, and any change
shall be submitted for approval prior to execution.
3. The Contractor shall provide the General Contractor the exact
locations of access panels for each concealed valve, control, or
other device requiring service. Access panels will be provided
and installed by the General Contractor. Locations of these
panels shall be submitted in sufficient time to be installed in
the normal course of work.
J. (ITEM DELETED N.I.C.)
K. Responsibility and Guarantee:
1. Make complete mechanical installation, connecting to all
equipment shown on Drawings or called for in the Specifications.
2. Installation shall be done in accordance with the best practices
of the trade.
3. All work, materials and equipment are to be free from defects.
Correct all defects and failures occurring within one year from
date of final acceptance without cost to the Owner except when,
in the opinion of the Engineer, such failure is due to neglect or
carelessness by the Owner.
4. The guarantee of the Mechanical Contractor is irrespective of
shorter time limits by any manufacturer of equipment he has
furnished.
5. Make all necessary adjustments during first year of operation.
Whether or not an inspector was present during any construction
does not relieve the Contractor from responsibility for defects
discovered after completion of the work.
L. Cleaning: Contractor shall promptly remove all waste material and
rubbish caused by his work. At completion of the work, Contractor
shall clean all dirt and debris from the mechanical installation,
including equipment, piping, ductwork and plumbing fixtures.
M. Demolition and Salvage:
1. All material to be removed, as shown on the drawings, shall be
removed completely, including fittings, hangers, supports, valves
and insulation. Ceiling inserts and similar imbedded equipment
may be left in place unless it causes interference with new work
to be installed by any trade.
2. Refer to Section 02110 - DEMOLITION. All equipment and material
being removed shall be the property of the Owner. After review
and inspection of the equipment and material by the Owner's
ORB 8929 Page 7
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MSO41489 SECTION 15010
MECHANICAL WORK, GENERAL
representatives, materials and equipment selected for salvage
shall be transported by the Contractor to a storage area
designated by the Owner's representative. All materials not
selected for SALVAGE TO TIME OWNER shall become the property of
the Contractor, and shall be promptly removed from the site. The
Contractor shall take reasonable care of equipment and materials
being removed to prevent damage.
N. Mechanical Painting: Touch up paint on factory finished equipment
where finish is damaged, or repaint entire unit if paint damage is
extensive. The engineer shall decide when repainting is required.
Paint shall match original factory finish.
O. Final Inspection:
1. Notify owner by letter when work is completed and job is ready
for final inspection. Latter shall state that the Mechanical
contractor has made a complete inspection of the job, and that
machinery and equipment have been operated, checked, and
adjusted, and that all items found to be defective have been
corrected.
2. Include with the letter the following:
a. Record Drawings
b. Operating and Maintenance Instructions
c. Equipment Warranties and Guarantees
END OF SECTION
ORB 8929 Page 8
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MS041489
SECTION 15023
CODES FEES AND STANDARDS
PART 1 - GENERAL
1.01 All materials furnished and all work installed shall comply with the
Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code,
washington State Energy Code, with the requirements of local utility
companies, and with the requirements of all governmental departments
having jurisdiction.
1.02 All materials and equipment for the electrical portion of the mechanical
systems shall bear the approval label, or shall be listed by the
Underwriters' Laboratories, Inc. , and shall be in strict accordance with
the National Electrical Code.
PART 2 - PRODUCTS
NOT APPLICABLE
PART 3 - EXECUTION
3.01 The contractor shall give all necessary notices, obtain all permits and
Pay all government sales taxes, fees and other costs, including utility
connections or extensions, in connection with his work; file all
fans, arrange for all necessary necessary p inspections, prepare alla approvals of all governmental
documents and obtain all necessary PP
departments having jurisdiction; obtain all required certificates of
inspection for his work, and deliver same before request for acceptance
and final payment for the work.
3.02 The contractor shall include in the work, without extra cost, any labor,
materials, services, apparatus, drawings, in order to comply with all
applicable laws, ordinances, rules and regulations, whether or not shown
on drawings and/or specifications.
END OF SECTION
Page 1
ORB 8929
blt 5/1/89-1
NS041489
SECTION 15060
PIPE AND PIPE FITTINGS
PART 1 - GENERAL
1.01 SCOPE
A. Work Included: Work required is indicated on the drawings and
includes but it not limited to:
1. Pipe and tube.
2. Pipe and tube fittings and joints.
3. Flushing, disinfecting and testing.
B. Related Work:
1. Valves Section 15100
2. Supports and Anchors Section 15140
3. Mechanical Insulation Section 15250
4. Plumbing Systems Section 15400
1.02 REFERENCES
A. American National Standards Institute (ANSI) :
B1.20.1-1983 Pipe Threads, General Purpose (Inch) .
B16.22-1980 Wrought Copper and Bronze Solder Joint Pressure Fittings.
B16.29-1980 Wrought Copper and Wrought Copper Alloy Solder Joint
Drainage Fittings - DWV.
B. American Society for Testinct and Materials (ASTM) :
B32-76 Solder Metal.
B88-81 Seamless Copper Water Tube.
B306-81 Copper Drainage Tube (DWV) .
C. Copper Development Association Inc (CDA) : Copper Tube Handbook.
D. International Association of Plumbing and Mechanical Officials
(IAPMO) : Uniform Plumbing Code.
PART 2 - PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS
Copper Water Tube: ASTM B88; Type L, hard-drawn temper; wrought copper,
soldered joint fittings.
ORB 8929 Page 1
blt 5/1/89-1
MS041489 SECTION 15060
PIPE AND PIPE FITTINGS
2.02 PIPE AND TUBE FITTINGS
A. Copper Water Tube Fittings:
1. Wrought copper, soldered joint water tube fittings, ANSI B16.22.
2. Solder: ASTM B32, Grade 50A or 95TA as indicated.
B. Dielectric Unions: As specified in Section 15120.
PART 3 - EXECUTION
3.01 GENERAL
A. Install piping materials with offsets, fittings and changes in
elevations as required to make adjustments for obstacles or
interferences.
B. Determine exact route or location of all piping materials prior to
installation.
C. Verify exact locations and elevations of piping materials with
project engineer prior to installation, where dimensions are not
indicated.
D. Do not allow piping materials installation to cause any equipment to
be unserviceable or inoperable.
E. Keep copy of the following in field office for duration of project:
LARD Uniform Plumbing Code.
F. Refer to "General Notes" on Sheet A-1 of Drawings.
3.02 COPPER TUBE JOINT'S
A. Cut tube ends squarely, ream to full inside diameter, and clean
outside of tube ends and inside of fittings.
B. Apply solder flux to joint areas of both tubes and fittings.
C. Solder full depth and circumference of joint using Grade 95TA or -
95-5.
D. Wipe excess solder from joint before it hardens.
E. Make corrections to equipment and branch mains with unions.
3.03 PIPING INSTALLATION
A. Install pressure piping in accordance with ANSI B31.9.
ORB 8929 Page 2
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MS041489 SECTION 15060
PIPE AND PIPE FITTINGS
B. Remove dirt and debris from inside and outside pipe and fitting
materials before assembly. Keep piping interior clean as work
progresses.
C. Plug or cap ends of incomplete piping at end of work day or whenever
work stops.
D. Install piping to achieve permanently leakproof piping systems,
capable of performing each indicated service without piping failure.
E. Install each run with minimum joints and couplings, but with adequate
and accessible unions for disassembly and maintenance of valves and
equipment.
F. Reduce piping sizes, where indicated, with reducing fittings.
G. Install dielectric unions at each piping joint and equipment
connection between different metals.
H. Route piping runs vertically and horizontally, pitched to drain,
unless otherwise indicated.
I. Route exposed horizontal runs parallel or perpendicular to building
lines. Install piping in walls or above ceilings, except in utility
spaces. Install all water piping on interior side of insulation.
J. Ensure piping is aligned in a neat, uniform manner. Align piping
accurately at joints, within 1/16 inch misalignment tolerance.
K. Provide necessary connections for testing, cleaning, draining, and
filling.
L. Sleeves shall be provided wherever piping passes through concrete or
masonry walls, and shall be PVC pipe. However, in watertight spaces,
the sleeves shall be cast integral, with water stops.
3.04 FLUSHING, DISINFECITNG AND TESTING
A. Flush all water heating piping in the heating systems with warm
solution of concentrated tri-sodium phosphate for minim m of 6
hours. Flush and rinse with fresh water, minimum of 4 complete
changes.
B. Flush and disinfect potable water piping as follows:
1. All domestic water piping in the building shall be chlorinated
and a satisfactory bacteriological report obtained.
2. Flushing: Sections of pipe to be disinfected shall first be
flushed at a velocity of at least 2.5 fps until the water runs
clear. Taps required for chlorination or flushing purposes shall
ORB 8929 Page 3
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SECTION 15060
MS041489 PIPE AND PIPE FITTINGS
be provided. Disposal of treated water flushed from mains shall
not endanger aquatic life in the receiving water through disposal
into any natural drainage channel. Disposal may be made to any
available sanitary sewer Provided the rate of disposal will not
overload the sewer.
3. Requirement of Chlorine: All work under this contract shall be
chlorinated. A free chlorine residual of 10 ppm shall remain in
the water after 24 hours in the pipes. The initial chlorine
content of the water shall be 50 parts Per million free available
chlorine.
4. Form of Applied Chlorine: Chlorine shall be applied.
a. Dry Calcium Hypochlorite: High test calcium hypochlorite
(65-70% chlorine) shall be placed in the pipe to yield a
dosage of not less than 50 ppm free available chlorine.
b. Liquid Chlorine: A chlorine gas-water mixture shall be
applied by a solution-free chlorinating device. Chlorinating
devices must provide means for preventing the backflow of
water into the chlorine.
c. Chlorine-bearing Compounds in Water: A mixture of water and
high-test calcium hypochlorite (65-70% Cl) may be substituted
for the chlorine gas-water mixture per APWA Paragraph
74-2.13F.
5. Point of Application: The point of application of the
chlorinating agent is at the beginning of the pipe extension.
The water injector for delivering the chlorine-bearing water into
the pipe should be supplied from a tap on the pressure side of
the gate valve controlling the flow into the pipe.
6. Rate of Application: Water shall be controlled to flow very
slowly into the pipe during application of the chlorine. The
rate of chlorine gas water mixture shall be proportionate to the
rate of water entering the pipe at the rate of 50 parts per
million.
7. Preventing Reverse Flow: Valves shall be manipulated to
eliminate backflow.
8. Retention Period: Treated water shall be retained in the pipe
24 hours. The chlorine residual at pipe extremities shall be at
least 10 parts per million.
9. Chlorinating valves and hydrants shall be required.
10. Final Flushing and Testing: Following chlorination, treated
water shall be thoroughly flushed from the pipe. Tests shall
show a residual not in excess of that carried in the system.
After flushing, the Contractor will arrange for sample taking by
the utility or by health authorities.
11. Repetition of Flushing and Testing: Should the initial treatment
result in an unsatisfactory bacterial test, the original
chlorination procedure shall be repeated by the Contractor until
satisfactory results are obtained at no additional cost to the
Owner.
Page 4
ORB 8929
blt 5/1/89-1
SECTION 15060
MS041489
PIPE AND PIPE FITTINGS
3.05 TESTING
A. All pipe and appurtenances shall be subjected to a hydrostatic test.
The Contractor is to test the system and obtain approval by the
Architect before proceeding with the installation.
B. Test supply main at 1-1/2 time working Pressure-
C. The hydrostatic test pressure shall be maintained without pumping for
3 hours.
END OF SECTION
ORB 8929 Page 5
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MSO41489
SECTION 15100
VALVES
PART 1 - GENERAL
1.01 SCOPE
A. Work Included: Work required is indicated on the drawings and
includes but is not limited to:
1. Gate valves.
2. Globe valves.
3. Check valves.
4. Ball valves.
B. Related Work:
1. Pipe and Pipe Fittings Section 15060
2. Mechanical Insulation Section 15250
3. Plumbing Systems Section 15400
1.02 QUALITY ASSURANCE
A. Valve Identification:
1. Provide valves with manufacturer's name and pressure rating
clearly marked on outside of body.
2. Mark valves in accordance with MSS SP-25.
B. Codes and Standards:
1. American Society for Testing and Materials (ASTM)
A126-73 Gray Iron Castings for Valves, Flanges, and Pipe
Fittings.
2. Manufacturers Standardization Society of the Valve and Fittings
Industry, Inc. (MSS)
SP-25 Standard Marking System for Valves, Fittings, Flanges and
Unions, 1978 Edition.
SP-67 Butterfly Valves, 1976 Edition
SP-80 Bronze Gate, Globe, Angle, and Check Valves, 1974 Edition
PART 2 - PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS
A. Cocks:
1. Nordstrom
2. Homestead
ORB 8929 Page 1
blt 5/1/89-1
M 041489 SECTION 15100
VALVES
2.02 CONNECTIONS
A. Valve, Cock: For copper tube: soldered.
B. Provide pipe sized valves, cocks, and hose bibbs with connections
which properly mate with adjoining piping.
2.03 GATE VALVES
A. Provide bronze gate valves complying with MSS SP-80.
B. Provide gate valves designed for repacking under pressure when fully
opened. Equip valves with packing suitable for intended service.
C. Provide gate valves designed such that back seating protects packing
and stem threads from fluid when valve is fully opened. Equip valves
with gland follower.
D. Domestic Water Pipinct:
1. Solder ends: Bronze body, screwed bonnet, nonrising stem, double
wedge; 200 psi WOG, 250 degrees F. , maximum temperature rating.
2. Flanged ends: Bronze body, bolted bonnet, rising stem, OS&Y,
solid wedge; 200 psi WOG, maximum pressure rating; 250 degrees
F. , maximum temperature rating.
2.04 SWING CHECK VALVES
A. Provide bronze swing check valves complying with MSS SP-80.
B. Domestic Water Piping:
1. Soldered ends: Bronze body, screwed cap, horizontal swing,
bronze disc; 200 psi WOG, 250 degrees F., maximum temperature
rating.
2. Flanged ends: Bronze body, bolted cap, horizontal swing, bronze
disc; 175 psi WOG, 250 degrees F. maximum temperature rating.
2.05 WAFER CHECK VALVES
A. Vertical Lift Check Valves: Threaded ends: Bronze body, screw-in
hub, straight vertical pattern, renewable composition disc, 200 psi
WOG maxin mt pressure rating, 250 degrees F. maximum temperature
rating.
ORB 8929 Page 2
blt 5/1/89-1
MSO41489 SECTION 15100
VALVES
B. Sprint Loaded Horizontal Lift Check Valves: Threaded ends: Bronze
body, screw-over cap, straight pattern, phosphor bronze wire spring,
renewable composition disc, 200 psi WOG maximum pressure rating, 250
degrees F. maxim m temperature rating.
2.06 DRAIN VALVES
Threaded ends: Bronze body, screwed bonnet, rising stem, composition
disc, 3/4 inch threaded hose outlet connection, 200 psi WOG maximum
Pressure rating, 250 degrees F. maximum temperature rating.
2.07 PRESSURE REDUCING VALVES
Provide bronze-body, 150 psi WOG.
2.08 HANDWHEELS, OPERATORS HANDLES AND WRENCHES
Provide suitable handwheels for gate, globe and drain valves.
PART 3 - EXECUTION
3.01 INSTALLATION
A. Locate valves and cocks to allow easy accessibility for operation,
maintenance and repair.
B. Install valves with stems upright or horizontal, not inverted.
C. Install extended-stem valves, where insulation is indicated.
P. Install drain valves at main shut-off valves, at low points of
piping, and other places as indicated.
END OF SECTION
ORB 8929 Page 3
blt 5/1/89-1
ES041789
SECTION 15120
PIPING SPECIALTIES
PART 1 - GENERAL
1.01 SCOPE
A. Work Included: Work required is indicated on the drawings and
includes but is not limited to:
1. Dielectric Unions
2. Expansion Joints
3. Flexible Pipe Connectors
4. Escutcheons
B. Related Work:
1. Pipe and Pipe Fittings Section 15060
2. Mechanical Insulation Section 15250
3. Plumbing Systems Section 15400
1.03 REFERENCES
Fluid Controls Institute, Inc. (FCI)
73-1 Pressure Rating Standard for Y-type strainers, May 2, 1973.
PART 2 - PRODUCTS
2.01 DIELECIRIC UNIONS
A. Acceptable Manufacturers: Clearflow Dielectric Waterway Fittings.
B. Dielectric Unions: Standard products manufactured for service
indicated, which effectively isolate ferrous from non-ferrous piping
with respect to electrical conductance, prevent galvanic action and
stop corrosion.
2.02 ESCUTCHEONS
Pine Escutcheons: Chrome plated steel; sized with inside diameter
closely fitting pipe outside diameter or outside of pipe insulation, as
applicable; outside diameter of escutcheon lame enough to cover pipe
penetration hole.
2.03 UNIONS
Unions shall be ground joint malleable type; Gri.nnel, Stockham or
Walworth, 150 psi.
ORB 8929 Page 1
blt 5/1/89-1
SECTION 15120
MS041789 PIPING SPECIALTIES
2.04 GASI{h'TS
Gaskets for flanged connections shall be Crane Company "Cranite" Garlock
No. 7201, or Anchor Packing Company No. 424, or approved.
PART 3 - EXECUTION
3.01 DIELECTRIC UNIONS INSTALLATION
Install dielectric unions at each piping joint and equipment connection
between different metals.
3.02 ESCUIa-1EONS INSTALLATION
A. Install escutcheons on piping through walls and ceilings where
penetration is exposed to view except in areas accessed only by
maintenance personnel.
B. Install escutcheons on exterior of building on piping penetrations
through walls.
C. Secure escutcheons to pipe or insulation so escutcheon covers
penetration hole and is flush with adjoining surface.
END OF SECTION
Page 2
ORB 8929
blt 5/1/89-1
MSO41789
SECTION 15140
SUPFOR'PS AND ANCHORS
PART 1 - GENERAL
1.01 SCOPE
A. Work Included: Work required is indicated on the Drawings and
includes but is not limited to:
1. Pipe hangers and supports-
B. Related Work
1. Pipe and Pipe Fittings Section 15060
2. Mechanical Insulation Section 15250
3. Plumbing Systems Section 15400
1.02 QLTAT T1'Y ASSURANCE
Codes and Standards: Comply with MSS SP-58 requirements for pipe hangers
and supports materials, design and manufacture.
1.03 DESIGN CRITERIA
A. Provide pipe hanger and support materials and installation designed
to:
1. Allow controlled movement of piping systems.
2. Permit freedom of movement between pipe anchors.
3. Facilitate action of expansion joints.
4. prevent stresses and excessive pipe deflections.
5. Prevent transfer of loading and stresses to connected equipment.
1.04 REFEF2ENCES
Manufacturers Standardization Society of the valve and Fittings Indust
Inc. (MSS) :
1. SP-58 Pipe Hangers and Supports - Materials, Design, and
Manufacture, 1975 Edition Application, 1976
2. SP-69 Pipe Hangers and Supports - Selection and
Edition.
PART 2 - PRODUCTS
2.01 PIPE HANGERS AND SUPPORTS
A. Acceptable Manufacturers:
1. Elcen Metal Products Company
Page 1
ORB 8929
blt 5/1/89-1
MS041789 SECTION 15140
SUPPORTS AND ANCHORS
2. F & S Central Manufacturing CoD'Pany
3. Fee & Mason Manufacturing CompanY
4. I'IT Grinnell Corp.
B. Handers:
1. For pipe sizes 1/2 inch to 1-1/2 inches: Adjustable steel band
hanger, MSS Type-7, adjustable band hanger, MSS Type-9, or split
pipe ring with turnbuckle adjustment, MSS Type-11.
C. Wall supports: For pipe sizes to 3 inches; Malleable iron one hole
clamp.
D. Vertical Supports: Steel riser clamp, MSS Type-8.
E. Saddles and Shields:
1. Saddles: MSS Type-39.
2. Shields: MSS Type-40.
PART 3 - EXECUTION
3.01 PIPE HANGERS AND SUPPORTS INSTALLATION
A. Support piping in accordance with MSS SP-69 tables for maximum
spacing, minim m rod diameter and for spacing supports incorporating
Type 40 shields.
B. Fastening supports to other pipe or conduit will not be permitted.
C. Welded attachments to building structural members will not be
permitted. Do not drill or burn holes in building structural members
or otherwise alter structural members.
D. Support vertical piping at each floor.
E. Where practical, support riser piping independently of connected
horizontal piping.
F. Size saddles and shields for exact fit to mate with pipe insulation.
G. Size hangers and supports to exactly fit pipe size for bare piping,
and to exactly fit around piping insulation and saddle or shield for
insulated piping.
H. Install hangers to provide minimum 1/2 inch clear space between
finished covering and adjacent work.
I. Place a hanger within one foot of each horizontal elbow.
ORB 8929 Page 2
blt 5/1/89-1
MSO41789 SECTION 15140
SUPPORTS AND ANCHORS
J. Use hangers which are vertically adjustable, 1-1/2 inch minimum in
either direction after piping is erected.
3.02 ANCHORS INSTALLATION
Anchors shall be provided wherever necessary or indicated to localize
expansion or to prevent undue strain on piping. Anchors shall consist of
heavy steel collars with lugs and bolts for clamping and attaching anchor
_braces, unless otherwise indicated. Anchor braces shall be installed in
the most effective manner to secure the desired results using turnbuckles
where required. Supports, anchors, or stays shall not be attached where
they will injure the structure or adjacent construction during
installation, or by the weight of the pipeline, or by its expansion.
Detailed drawings of pipe anchors shall be submitted for approval before
installation. .
END OF SECTION
ORB 8929 Page 3
blt 5/1/89-1
MS041789
SECTION 15250
MECHANICAL INSULATION
PART 1 - GENERAL
1.01 SCOPE
A. Work Included: Work is indicated on the drawings and includes but is
not limited to:
1. Piping insulation.
2. Equipment insulation.
3. Adhesives, cement, tapes and installation accessories.
4. Refer to insulation schedules at end of this section.
B. Related Work
1. Pipe and Pipe Fittings Section 15060
2. Valves Section 15100
3. Piping Specialties Section 15120
4. Supports and Anchors Section 15140
1.02 REFERENCES
Underwriters Laboratories Inc. (UL) : Requirements applicable to product
listing and labeling.
1.03 _SUBMITTALS
A. Submit product data in accordance with Section 01300.
B. Submit manufacturer's installation instructions and schedule of
manufacturer's recommended adhesives, cement, tapes and installation
accessories required for each type of mechanical insulation.
PART 2 - PROInJCTS
2.01 ACCEPTABLE MANUFACTURERS
A. Insulation:
1. CertainTeed Corp.
2. Johns-Manville Corp.
3. Owens-Corning Fiberglas Corp.
4. Rubatex Corp.
5. C.P. Upjohn
ORB 8929 Page 1
blt 5/1/89-1
SECTION 15250
MS041789 MEDICAL INSULATION
2.02 GIIJERAL
A. Adhesives and Insulation Materials: UL listed and labeled with
ccnposite fire hazard classification of 25 or less for flame spread
and 50 or less for smoke developed; waterproof adhesives.
B. Provide adhesives, cement, tapes and installation accessories as
recommended by insulation manufacturer for applications indicated.
2.03 PIPE ODVERING
A. Domestic Cold Water: Domestic cold water piping except individual
branches to plumbing fixtures, non-sweat covering, 3/4" thick
fiberglass with vapor barrier jacket, #25ASJ.
B. Domestic Hot Water and Tethered Water: Hot water and tempered water
Pipes In thick fiberglass pipe covering with general purpose jacket,
#25ASJ.
PART 3 - EXECUTION
3.01 GENERAL
A. Do not install insulation before piping has been tested.
B. Install insulation in accordance with manufacturer's installation
instructions using manufacturer's recommended adhesives, cement,
tapes, and installation accessories.
C. Butt insulation joints firmly together, ensuring complete and tight
fit over surfaces insulated.
D. Ensure insulation is continuous through walls and floors. Pack
around pipes with fire proof self-supporting insulation materials,
fully sealing.
E. Ensure integrity of vapor barrier jackets on insulation. Protect
jackets to prevent puncture or other damage.
3.02 PIPE COVEFtII�IG
A. Domestic Cold Water: Dry pipe, tape and make joints vapor tight.
Pass insulation through sleeves and wall penetrations. Make
insulation continuous with valve bodies covered. Preformed fittings
are acceptable.
ORB 8929 Page 2
blt 5/1/89-1
MSO41789 SEGTTON 15250
NEC EANICAL INSULATION
B. Domestic Hot and Tempered Water: Same as Paragraph 3.02A above,
except valve bodies not covered.
3.03 CLEANUP
A. Finish seams with additional coats of final sealer, as required to
produce smooth faired joints.
B. Remove debris, spillage, splash and/or overspray, clean adjoining
surfaces thoroughly to prepare for finishing materials.
END OF SECTTON
ORB 8929 Page 3
blt 5/1/89-1
MSO41789
SECTION 15400
PLUMBING SYSTEMS
PART 1 - GENERAL
1.01 SCOPE
A. Work included: Work required is indicated on the drawings and
includes but is not limited to the following:
1. Domestic water piping system.
2. Backflow preventers.
B. Related Work
1. Pipe and Pipe Fittings Section 15060
2. Valves Section 15100
3. Piping Specialties Section 15120
4. Supports and Anchors Section 15140
5. Mechanical Insulation Section 15250
1.02 QUALITY ASSURANCE
A. Comply with applicable portions of IAPMO Uniform Plumbing Code
(UPC) pertaining to plumbing materials, construction and installation
of products.
B. Keep copy of the Uniform Plumbing Code in field office for duration
of project.
1.03 REFERENCES
A. International Association of Plumbing and Mechanical Officials
(IAPMO) : Uniform Plumbing Code.
B. Underwriters Laboratories, Inc. (UL) : Requirements applicable to
product listing.
C. Department of Social and Health Services (DSHS) , State of
Washington: Approved Cross Connection Control Devices, August 1985.
1.04 WARRANTY
Provide warranty in accordance with the General Conditions.
ORB 8929 Page 1
blt 5/1/89-1
MSO41789 SECTION 15400
PLUMBING SYSTEMS
PART 2 - PRODUCT'S
2.01 GENERAL
A. Provide pipes and pipe fittings as specified in Section 15060 and
herein.
B. Provide cocks as specified in Section 15100 and herein.
2.02 DOMESTIC WATER PIPING SYSTEM
Refer to Section 15060 - PIPE AND PIPE FITTINGS.
2.03 BACRFLOW PREVENTER
A. Acceptable Manufacturers: DSHS approved.
B. Construction:
1. Bronze body.
2. Pressure rated to 150 psi at 125 deg. F.
C. Type: Single Check.
PART 3 - EXECUTION
3.01 GENERAL
A. Install piping as specified in Section 15060 and herein.
B. Install valves, cocks and hose bibs as specified in Section 15100 and
herein.
3.02 DOMESTIC WATER PIPING INSTALLATION
A. Install drain valves where indicated and where required to completely
drain domestic water piping system.
B. Connect hot and cold water piping to mechanical equipment with shut-
off valve and union at each connection. Install drain valves on
drain connections.
END OF SECTION
ORB 8929 Page 2
blt 5/1/89-1
SECTION 15440
PLUMBING FIXTURES
PART 1 - GENERAL
1.01 SCOPE
A. Work Included: Work is indicated on the drawings and includes but is
not limited to:
1. Lavatories.
2. Sinks.
B. Related Work:
1. Pipe and Pipe Fittings Section 15060
2. Valves Section 15100
3. Piping Specialties Section 15120
4. Plumbing Systems Section 15400
c. Refer to schedule and plans for further information.
1.02 QUALITY ASSURANCE
A. Comply with applicable portions of IAPMO Uniform Plumbing Code
pertaining to plumbing fixture materials and installation.
B. Keep copy of Uniform Plumbing code in field office for duration of
project.
1.03 REFERENCES
A. National Association of Plumbing-Heating-Cooling Contractors
(NAPHCC) : National Standard Plumbing Code.
B. Plumbing and Drainage Institute (PDI) : Code Guide 302.
PART 2 - PRODUCT'S
2.01 GENERAL
A. Provide factory fabricated fixtures with fittings, trim, carriers,
valves, traps, appurtenances and accessories as mired for a
complete installation.
ORB 8929 Page 1
blt 5/5/89-2
SECTION 15440
PLUMBING FIXTURES
B. Provide bright chrome plated or polished stainless steel fittings,
trim and accessories where exposed or semi-exposed to view, unless
otherwise indicated.
2.02 LAVATORIES
A. Acceptable Manufacturers'
1. AMERICAN STANDARD, INC. , specified unit.
2. Eljer Plumbingware Division of Household International Company
3. Kohler Company
B. Lavatory: AMERICAN STANDARD, INC. "Wall Hung Minette Corner
Lavatory", 11 by 16-1/4 inches nominal; bone color vitreous china.
C. Basin: Half circle with front overflow.
D. Fittings: RELIANT, 2385.057, single lever mixing valve, barrier-free
design, aerator, cast brass drain plug with flat strainer and 1-1/2
inches OD tail piece. Provide with flow limit device to limit flow
to 2.5 gpm.
E. Supply Pipes: 3/8 inch flexible wall supplies with stops.
F. Trap: 1-1/2 by 1-1/2 inch cast brass, adjustable swivel P-trap with
cleanout, install against wall and insulate.
2.03 ICOC EN SINK "A" - TRIPLE CCEPAR7IMIIN7
A. Acceptable Manufacturer: ELFAY, or approval equal.
B. Sink: LTR-Series, "LUSTER'I'ONE"; #18 gauge, Type 302, 18-8 stainless
steel; Model No. LTR-54222-10; 22 by 54 inches, 10 inches deep.
C. Fittings: Pair of top-mounted, single-lever, ledge-type faucet, cast
brass, RELIANT 4205.029 or approved equal.
D. Supply Pipes: 1/2-inch supply risers and stops, chrome plated.
E. Trap: 1-1/2 by 1-1/2 inch cast brass, adjustable P-trap with
continuous waste from side sinks to trap.
F. Pre-Rinse Wash (Sprayer) : CIIICAGO FAUCET, #919.
F. Waste Disposal: Refer to Section 11400 - KITCHEN APPLTANC'ES.
Page 2
ORB 8929
blt 5/5/89-2
SECTION 15440
PLUMBING FIXTURES
2 . 04 KITCHEN SINK "BI"-SINGLE COMPARTMENT
A. Acceptable Manufacturer: ELKAY.
B. Sink: Model No. GECR-2521-L (left drain) ; Type 302 , 18-
8 stainless steel, 25 by 21-1/4 inches deep.
C. Fittings: Top-mounted, single-lever, cast brass, RELIANT
4205. 029 or approved equal.
D. Supply Pipes: 1/2-inch supply risers and stops, chrome
plated.
E. Trap: 1-1/2 by 1-1/2 inch cast brass, adjustable P-trap
with cleanout.
F. Waste Disposer: Refer to Section 11400 - KITCHEN
APPLIANCES .
2 . 05 INDIRECT WASTE DRAIN - FLOOR SINKf
A. Acceptable Manufacturers: Smith, Wade, Commercial
Enameling or as approved.
B. Model: 1.1K• SMITH, No. 3160, or approved equal. 12-1/2"
square top by 10" deep with rim and grate, or as approved
by local plumbing inspector and architect.
C. Pipe Size: To be field verified for fit.
PART 3 - EXECUTION
3 . 01 INSTALLATION
A. Install each fixtgure with trap.
B. Provide chrome plated supplies to fixtures and chrome
plated escutcheons on piping through walls.
C. Install wall-hung lavatories with carriers to match
fixture. Anchor fixtures rigidly in place.
ORB 8929 Page 3
blt 5/1/89-1
SECTION 15440
PLUMBING FIXTURES
D. Rigidly secure supply and waste piping to prevent
movement.
E. Install plumbing fixtures level, plumb and parallel
cabinets.
F. Install fixtures with appurtenances and accessories as
required for a complete installation.
3 . 02 FIXTURES MOUNTING HEIGHTS
Mount fixtures the heights shown Architectural drawings.
3 . 03 FIXTURES ROUGH-IN SCHEDULE
Rough-in fixture piping connections in accordance with table
of minimum sizes or as required for particular fixtures shown
on plans or specified.
END OF SECTION
Page 4
ORB 8929
blt 5/1/89-1
SECTION 16050 - ELECTRICAL , GENERAL CONDITIONS
PART 1 - GENERAL
1 . 01 GENERAL
A . Conform to the General Conditions , Supplementary
Conditions , and related work in other Division for all
work in Division 16 . See Division 1 for sequence of
work .
1 . 02 WORK INCLUDED
A . It is the intention of this Division of the
Specifications and the accompanying Drawings to
describe and provide for the furnishing , installing ,
testing and placing in satisfactory and successful
operation all equipment , materials , devices and
necessary appurtenances to provide a complete
electrical system, together with such other
miscellaneous installations and equipment hereinafter
specified and/or shown in the Plans . The work shall
include all materials , appliances and apparatus not
specifically mentioned herein or noted on the Plans ,
but which are necessary to make a complete working
installation of all electrical systems shown on the
Plans or described herein . Equipment and devices
furnished and installed under other Divisions of this
Specification ( or by the Owner) shall be connected
under this Division . The Drawings and Specifications
are complementary and what is called for in either is
binding as if called for in both .
1 . 03 SCOPE OF BASIC BID
A . Included in Division 16 work is all work and related-
items necessary to provide all electrical installations
except as specifically excluded . In general , this
includes all labor , equipment , tools , etc . , to complete
the electrical work .
1 . 04 RELATED WORK
A . Temporary Power - See Division 1
B . Mechanical Control Wiring - See Division 15
C . Cutting and Patching - See Division 1
1 . 05 STANDARDS AND REGULATIONS
A . The work shall comply with the latest edition of the
applicable Standards and Codes of the following .
ASTM American Society for Testing and Materials
NBFU National Board of Fire Underwriters
NEC National Electrical Code
--- State Electrical Code
NESC National Electrical Safety Code
ORB 8929
1
SECTION 16050 - ELECTRICAL , GENERAL CONDITIONS
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
U . L . Underwriters Laboratories Inc .
CBM Certified Ballasts Manufacturers
--- Federal , State and Local Building Codes
ETL Electrical Testing Laboratories
B . If any conflict occurs between Government adopted Code
Rules and this Specification , the codes are to govern .
Nothing in these Drawings and Specifications shall be
construed to permit work not conforming with governing
codes . Also , this shall not be construed as relieving
the Contractor from complying with any requirements of
the Plans and Specifications which may be in excess of ,
but not in conflict with , requirements of the Governing
Codes .
1 . 06 PERMITS D FEES
A . The Contractor shall obtain and pay for all licenses ,
permits and inspections required by laws , ordinances
and rules governing work specified herein . The
Contractor shall arrange for inspection of work by the
inspectors and shall give the inspectors all necessary
assistance in their work of inspection .
B . The Contractor shall consult with and follow the
requirements of the local Power Utilities serving the
area and local Fire Department and shall coordinate his
work with them .
1 . 0? DEFINITIONS
A. When "Provide" is used , it shall be interpreted as
"furnishing and installing complete in operating
condition" .
B . When "Drawings" is used , it shall be interpreted as
"all Contract Drawings for all Disciplines" .
C . When "Contractors" is used it shall be interpreted as
the Electrical Contractor .
1 . 06 INTENT OF DRAWINGS
A. The Electrical Drawings are intended to serve as
working Drawings for general layout . The equipment
layout is diagrammatic and unless specifically
dimensioned or detailed , does not indicate all a
fittings , hardware or appurtenances required
complete operating installation . Anything shown on the
Drawings but not covered in the Specifications , or
anything covered in the Specifications but not shown on
the Drawings , shall be as if covered in both . In case
of conflict between the Drawings and Specifications ,
2
SECTION 16050 - ELECTRICAL , GENERAL CONDITIONS
the Engineer will select the method to be used . The
Contractor shall be responsible for verifying all
measurements before proceeding with the work .
B . Wiring Diagrams are not intended to indicate the exact
course of Raceways or exact location of outlets .
Raceway and outlet locations are approximately correct
and are subject to revision as may be necessary or
desirable at the time of installation . Precise
location in every case shall be subject to the
Engineer ' s approval .
1 . 09 PROTECTION
- A . The Contractor shall store and guard all equipment
before installation and shall protect same and replace
any equipment that has been damaged prior to final
acceptance .
1 . 10 HOUSEKEEPING
A . All electrical materials shall be kept stored in an
orderly fashion protected from heat , cold and the weather .
B . All marred surfaces shall be refinished and painted
after installation .
C . All debris shall be removed from premises during wcrk ,
as directed , and at completion of ,job .
1 . 11 TEMPORARY USE
A . Temporary or interim use of any and all portions of the
electrical system shall be under the supervision
of the Contractor .
B . Temporary lighting for use during construction shall be
provided by the Contractor .
1 . 12 AS-BUILT DRAWINGS
A . The Contractor shall maintain in addition to any
reference Drawings , an As-built set of Prints of the
Electrical Drawings on which all significant deviations
( panel 6 circuit numbers) from the original design and
the actual location of underground Raceways shall be
marked in a neat , legible manner with red colored
pencil
B . Drawings shall show locations of all concealed Raceway
runs , giving the number and size of Raceway .
C . Upon completion of the Division 16 Work , the Contractor
shall deliver one set of neatly drafted As-Built
Drawings to the Engineer for transmittal through the
ORB 8929 3
SECTION 160SO - ELECTRICAL , GENERAL CONDITIONS
Engineer to the Owner .
11 ? WARRANTY
A . Provide a written Warranty that the Division 16 work
free from Mechanical and Electrical defects .
Contractor shall replace and repair , to the
satisfaction of the Engineer , any parts of the
installation which may fail within a period of twelve
( 12) months after the certificate of final acceptance
provided that such failure is due to defects in
material or workmanship , or failure to follow the
Specifications and Drawings .
1 . 14 INSTRUCTIONS AND MANUALS
A . A preliminary copy , complete except for the bound
cover , shall be submitted 20 days prior to completion
of the project for checking and review . Five bound ,
corrected copies shall be delivered to the Owner S
days prior to scheduled instruction periods as
specified under section 1 . 16 "Instruction periods"
after review of the preliminary copy . Obtain a recei�
for the manuals and forward a copy of the receipt to
the Engineer with the completed form .
e . Manuals shall contain shop drawings , wiring diagrams ,
operating and maintenance instructions , replacement
carts lists , and equipment nameplate data for all
equipment and systems installed under the project .
Signal equipment submittals shall contain step-by-stef,
circuit description information designed to acquaint
maintenance personnel with equipment operation in eac'
mode of operation .
C . Each type of device provided shall be identified in t`
0 F, M Manual using the same identification as shown or
the Drawings and Specifications . The information
included must be the exact equipment installer not th.
complete line of the Manufacturer . Where sheets she
the equipment installed and other equipment , the
installed equipment shall be neatly and clearly
identified on such sheets . Parts lists shall give fu
ordering information assigned by the original parts
manufacturer . Relabeled and/or renumbered parts
information as reassigned by equipment supplier are nc
acceptable . The following information shall be
provided for each crevice .
1 Manufacturer ' s name , address and phone numoar
Local S .ippi =r ' s nome , address and phone n;_imb=r
3 . Complete parts lists including quantities and
Manufacturer ' s part numbers
4 . Installation instructions .
ORB 8929 d
SECTION 16050 - ELECTRICAL , GENERAL CONDITIONS
D . The 0 6 M Manual shall be assembled in a loose leaf , 3
ring , hard cover binder . The information contained in
the manuals shall be grouped in an orderly arrangement
by Specification Index . The Manuals shall have a
typewritten index and divider sheets between catagories
with identifying tabs .
1 . Light Fixtures
2. Panelboards
E . Wiring Diagrams for each system shall be complete for
the specific system installed under the contract .
"Typical" Line Diagrams will not be acceptable unless
properly marked to indicate the exact field
installation .
1 . 15 WORK NOT INCLUDED
A . Indicated motors , controls , and equipment as described
in Other Divisions shall be furnished by other trades ,
but shall be moved , set and wired to electrical
controls and power supply by the Electrical Contractor .
B . Work to be included under this Contract shall be
defined on Drawings and in these Specifications . Any
details beyond these limits are meant only to give
installation clarity to that portion which is a part
of this Contract .
1 . 16 INSTRUCTION PERIODS
A . Upon completion of the work and after all tests and
final inspection of the work by the Authority( s) having
jurisdiction , the Contractor shall demonstrate and
instruct the Owners designated operation and
maintenance personnel in the operation and maintenance
of the various electrical systems . The Contractor
shall arrange scheduled instruction periods with the
Owner . The Contractor ' s representatives shall be
Superintendents or Foremen knowledgeable in each system
and Suppliers Representatives when so specified .
1 . 17 COMPLETION OF WORE.
A . Upon completion of the Division 16 work , the Contractor
shall deliver to the Engineer a completion Letter
stating that he has fulfilled all the requirements of
his Contract fcr Division 16 work as sec fcr;h in the
Drawings and SpPc: f-cations and that all itams pre-
f,.nal inspection 14 3 ' s 31_,bmitted by the Er ;:-- nee, h,aVa
been satisfactorily completed .
ORB 8929 6
SECTION 16050 - ELECTRICAL , GENERAL CONDITIONS
B . Arrange for and obtain all required inspections and
certificates pertaining to the Division 16 work and
deliver the certificates to the Engineer in triplicate .
C . Prior to or at the time of final inspection , the
Contractor shall , as outlined in detail in the
Specifications , complete the delivery of all the
following items :
1 . Completion Letter
2 . Certificate of Final Inspection , In Triplicate
form
A . Electrical Inspector COMPLETION OF
3 . Warranty to Owner ( with copies SUPPLEMENTARY
for Engineer) GENERAL CONDIT
160SO - 1 . 13
4 . Marked Set G Reproducible Mylar GENERAL AS-SUI
Set of "As-guilt " Electrical DRAVIINGS
Drawings 16050 - 1 . 12
S . Wi. -,.p
d .ac ams , GE-NEP.AL INSTF
Maintenance Manuals , Operation C 1,1ANUALS
Instructions , and Ercchures ( S _DSO - ? ;
sets m i n . )
1 18 SHOP DRA''XING SUE'rITTALS
A . This Contractor shall submit to the Architect no later
than thirty ( 30) days after the award of Contract , a
minimum of seven ( 7) copies , etch bound under a
seperate cover , with index , detailed Shop Drawings , to
include : ( 1 ) (Manufacturer ' s Catalou Data , ( 2)
Complete Physical and Technical Data , ( 3) Wiring
Diagrams , ( 4) Detailed Reference ( 'Written or
Highlighted) noting compliance with the appropriate
Specification Section and applicable item numbers
within that Section . ( 5) Other Descriptive Data , as
required by the Architect ,Engineer .
e . Shop Drawings shall be submitted complete , at one time
and each item indexed with dividers and shall be , but
not limited to th= items of equipment listed below :
1 . Circu: t Br=a!-.er-�
2 • (omitted)
4 . (omitted)
5 . Bec� Bcxes
6 . Cover Plates
7 , Raceways and Connectors
a . Copper 'Hire
ORB 8929 r;
SECTION 16120 - WIRES AND CABLES
PART 1 - GENERAL
1 . 01 WORK INCLUDED
A . Provide all wire , cable and terminations complete .
PART 2 - PRODUCTS
2 . 01 WIRE AND CABLE ( COPPER , 600 VOLT)
A . Interior 0 Above Grade : All wires to be Type THW or
RHW . Type THWN/THHN or XHHW wire may be utilized at
Contractors option , subject to code requirements . Wire
and cables shall be brought to project in original
- containers bearing the underwriters label . Provide
Type AVA wire where conductors are subject to
temperature above 167 degrees F .
2 . 02 SPLICES
A . Above Grade : Solderless type only . Preinsulated
"twist-on" type ( limited to size ##10 and smaller) .
Bolt on compression type with application of preformed
insultated cover , heat shrinkable tubing or plastic
insulated tape acceptable for all sizes .
2 . 03 TERMINATIONS
A . Compression set , bolted or screw terminal .
B . Conductors n12 and smaller shall utilize eye or forked
tongue type compression set terminator when termination
is to a bolted or screw set- type terminal block or
terminal cabinet .
2 . 04 PLASTIC CABLE TIES
A . Nylon or Equivalent , locking type .
PART 3 - EXECUTION
3 . 01 GENERAL
A . Install all wiring in Raceway unless shown or
specifically authorized otherwise .
3 . 02 WIRE SIZE
A . Number 12 AWG minimum for power and lighting circuits .
B . Provide solid wire for No . 10 AWG and smaller , and
stranded conductors fcr No . 8 A'�VG and larger ( 60-0)
volts .
ORB 8929 1
SECTION 16120 — WIRES AND CABLES
3 . 03 CONDUCTOR SIZES , REFERENCED ON PLANS
A . Copper , type THW or RHW unless noted .
3 . 04 PULLING
A . Use no Mechanical means for pulling Number 8 AWS
Conductors and smaller . Powdered soap stone or
approved spray cream shall be the only lubricant used .
3 . 05 STRIPPING INSULATION
A . Do not ring the cable , always pare or pencil .
3 . 06 TAPING
A . If used shall be half lapped synthetic tape .
3 . 07 CONDUCTORS IN PANELS AND SWITCHSOARDS
A . Conductors in panels , switchboards and terminal
cabinets shall be neatly grouped and formed in a manne
to "Fan" into terminals with regular spacing .
END CF SECTION- - "
ORB 8929 2
SECTION 15050 - ELECTRICAL , GENERAL CONDITIONS
9 . Any other items requested by Engineer .
C . Within ten ( 10) working days after the date of the
letter rejecting any items of equipment , lighting
fixtures , or materials as not in accordance with the
Specifications , Contractor shall submit a new list of
items he proposes to furnish and install in place of
those items rejected . If the Contractor fails to
submit this new list within the above specified time ,
or if any items on this second list are rejected as not
being in accordance with these Specifications , the
Engineer may select the items which the Contactor shall
furnish and install without change in Contract Price or
time of completion .
PART 2 - PRODUCTS
2 . 01 COMPETITIVE PRODUCTS
A . Any reference in the Specifications to any article ,
device , product , material , fixture , form or type o,
construction by name , make or catalog number shall be
interpreted as establishing a standard of quality and
shall not be construed as limiting competition . The
Contractor , in such cases may at his option use any
article , device , product , material , fixture , form or
type of construction which in the judgement of the
Engineer , expressed in writing , is equal to that
specified . However , any !Aanufactur=r not listed as an
accepted 9idder for a specific item must be submitted
for acceptance in writing and with descriptive data
verifying equal quality and performance at least five
( 5) working days prior to the bid date for approval .
2 . 02 MANUFACTURER/EQUIPMENT PRIOR APPROVALS
A . Any Manufacturer/Equipment not listed as an approved
substitute for a specified item must be submitted for
acceptance , in writing , with detailed information tc
include : ( 1 ) Manufacturer 's Catalog Data , ( 2) Complete
Physical and Technical Data , ( 3) Wiring Diagrams , ( 4)
Detailed reference ( written or highlighted) noting -
compliance with the appropriate Specification Section
and all applicable Specification item numbers within
that Section , ( 5) Complete type written index cross
referencing all proposed substitutes and specified
items ( h) Detailed reference to specified items
( written or highlighted) noting equal quality anc
performance of proposed substitute equipment , C?)
Other descriptive data , as required by the Engineer .
9 . All prior Approval Requests must te received In the
Engineers office a minimum of M working days prior to
the published project bid date .
ORB 8929 7
SECTION 16050 - ELECTRICAL , GENERAL CONDITIONS
C . If substitute material is determined to be acceptable
by the Engineer , it will be included in a subsequent
Addenda prior to bidding . Only materials which are
specified or published in Addenda as acceptable shall
be used .
2 . 03 MATERIALS
A. All materials must be of the quality herein specified .
All materials shall be new , of the best quality and
free from defects . They shall be designed to insure
satisfactory operation and operational life in the
environmental conditions which will prevail where they
are being installed .
e . Each type of material shall be of the same make and
quality . The materials furnished shall be standard
products of the Manufacturers regularly engaged in the
production of such equipment and shall be the
Manufaturer ' s latest standard design .
C . All materials shall be U . L . or E . T . L . listed for the
purpose for which they are used .
2 . 04 COMPLETE SYSTEM
A . All the systems mentioned shall be complete and
operational in every detail except where specifically
noted otherwise . Mention of certain materials in these
Speci-ications shall not be construed as releasing the
Contractor from furnishing such additional materials
and performing all labor required to provide a complete
and operable system .
PART 3 - EXECUTION
3 . 01 GENERAL
A . Careful consideration shall be given to clearances
under and over beams , pipes and ducts , to provide
proper headroom in all cases . Check drawings to
determine heights of all suspended ceilings and size of
pipe shafts where Raceway and wire-ways shall run .
Coordinate installation of Division 16 wiring and
equipment with Division 15 and other trades . Where
insufficient room for proper installation appears ,
obtain clarification from Engineer before any
installation is begun .
B . Cutting and Patching
1 Obtain permi =sion frlm the ArchJt2ct;Engineer
prior to cutting . Locate Cuttings so they will
not weaken Structural Components . Cut carefully
and only the minimum amount necessary . Cut
ORB 8929 8
SECTION 16050 - ELECTRICAL , GENERAL CONDITIONS
concrete with diamond core drills except where
space limitations prevent the use of such drills .
2 . All construction materials damaged or cut into
during the installation of this work must be
repaired or replaced with materials of like kind
and quality as original materials by skilled labor
experienced in that particular building trade .
3 . 02 COORDINATION
A . The Contractor responsible for accomplishing Division
16 work shall coordinate his work with that of the
other Contractors and/or other Trades doing work in the
building and shall examine all Drawings , including the
several Divisions of Mechanical , Structural and
General , for Construction Details and necessary
coordination .
B . All conflicts shall be reported to the Engineer in
writing before installation for decision and
correction .
C . The Ccntracter will not be paid for cutting , patching
and finishing required for relocation of work installed
due to interfere7.ce between the various Contractor ' s
work .
3 . 03 CLEANING AND PAINTING
A . All equipment , whether exposed to the weather or stored
indoors shall be covered to protect it from water , dust
and dirt .
S . After installing , all metal finishes shall be cleaned
and polished , cleaned of all dirt , rust , cement ,
plaster, grease and paint .
C . All equipment with a primer coat of paint shall be
given two ( 2) or more coats of a finish enamel and
scratched surfaces be refinished to look like new .
Markings , identification and nameplates shall be
replaced .
3 . 01a EQUIPMENT IDENTIFICATION
A . Provide identifying engraved bakelite nameplate on all
equipment , including pull boxes , to clearly indicate
its use , area served , circuit identification , voltage ,
and any other userul data .
S . Each auxiliary System , including communications , shall
be clearly labeled to indicate its function .
ORB 8929 9
SECTION 16050 — ELECTRICAL , GENERAL CONDITIONS
3 . 05 DEVIATION
A. Deviation from the Shop Drawings in Construction or
Installation of equipment shall not be made unless Shc
Drawings showing proposed deviations are submitted to
and approved by the Engineer . If any equipment is
furnished under this or other Divisions with current ,
voltage or phase ratings that differ, from those shown
on the Drawings the Contractor shall notify the
Engineer in writing immediately and shall not connect
said equipment until instructed as to required changes
by the Architect . No extension of time will be grante
as a result of such changes .
3 . 05 WIRING METHODS
A . All branch circuit , signal and communication wiring
shall be installed in Raceway with ,junction boxes and
fittings .
B . Provide access panels as needed for pull boxes and
equipment located above ceiling or behind walls .
3 . 0"' PENETRATIONS OF FIRE RATED ELEMENTS
A . Must be made such as to retain that rating .
3 . C8 HANGERS AND SUPPORTS
A . Provide hangers , brackets , and suspension rods and
supplementary steel to support equipment .
B . Hangers provided under other Divisions shall not be
used for support of Division 16 equipment unless
permitted by Architect/Engineer .
3 . 09 PAINTING
A . Painting in general. will be covered under another
Division of this Specification , except items furnished
under Division 16 that are scratched , marred in
shipment or installation , shall be refinished by the
Division 16 Contractor .
3 . 10 WORKMANSHIP AND OBSERVATION
A . Workmanship shall be cf the best quality and none but
competent workers shall be employed under the
supervisicn o= a competent foreman . All cemple -�-d wer`
shall represent a neat and workmanship like appearance
S . All work and materials shall be subject to observation
at any and all times by representatives of the
Engineer .
---END OF SECTION-;
ORB 8929 10
SECTION 16110 - RACEWAY
PART 1 - GENERAL
1 . 01 WORK INCLUDED
A . Provide Raceway System complete .
PART 2 - PRODUCTS
2 . 01 ELECTRICAL METALLIC TUBING ( EMT)
A. Hot dipped galvanized
S . Fittings : Raintight ; steel or malleable iron type
using a split corrugated compression ring and
tightening nut or stainless steel locking disc . Steel
set screw fittings are acceptable . Indenter, drive-on
and pressure cast or die cast type set screw are not
acceptable .
2 . 02 FLEXIBLE METAL CONDUIT
A . Galvanized flexible steel for dry locations . Fittings :
Malleable iron or steel , Thomas and Betts "squeeze"
type or equal .
B . Liquid Tight : Polyvinyl chloride ( PVC) weatherproof
cover over flexible steel conduit for damp and wet
locations . Fittings : Thomas and Betts "Super-Tite" or
equal .
2 . 03 SURFACE METAL RACE'11A.Y (Requires separate approval of Architect)
A . Formed steel or aluminum type . Standard factory
finish . Where color choice is available , consult
Architect/Engineer for selection prior to ordering .
PART 3 - EXECUTION
3 . 01 GENERAL
A . Install Raceway concealed in construction unless noted
otherwise on the Drawings or specifically approved in
writing by the Architect/Engineer .
B . Cut Raceway ends square , ream and extend maximum
distance into all couplings and connecters .
C . Provide and install manufactured end caps on all
Raceway ends during construction to prevent the
entrance of water or dirt . Tape , as a cover , not
permitted .
D . Swab out all Raceways before pulling wires .
ORB 8929 1
SECTION 16110 — RACEWAY
3 . 02 ELECTRICAL METALLIC TUBING
A . Install for wiring in masonry , frame construction ,
furred ceilings and above suspended ceilings . May be
used for exposed work in unfinished areas where not
subject to damage . Where construction involves masonry
work , surface cut masonry units wherever such masonry
units are to remain unplastered or uncovered in
complete construction .
3 . 03 SURFACE METAL RACEWAY
A . Install parallel to building surface ( i . e . , wall ,
ceiling , floor) . Fasten to surface as recommended by
- Manufacturer . Mount so Raceway is in the least obvious
location .
3 . 04 FLEXIBLE CONDUIT
A . Provide flexible conduit connection to motors and
equipment subject to vibration with 90 degrees loop
minimum to allow for isolation . Use liquid tight for
pumps , equipment which is reqularly washed down , and
equipment in damp locations . Provide ground wire when
required by code .
0�7 SECTION- —
ORB 8929 2
SECTION 16130 - OUTLET AND PULL BOXES
PART 1 - GENERAL
1 . 01 WORK INCLUDED
A . Provide outlet and pull boxes to enclose devices ,
permit the pulling of conductors and for wire splices
and branches .
PART 2 - PRODUCTS
2 . 01 _. INTERIOR WIRING
A. General : Outlet and pull boxes shall be pressed steel ,
zinc coated with plaster ring where applicable . Four
inch size minimum . Large pull boxes shall be
fabricated sheet steel , zinc coated or baked enamel
finish , with return flange and screw retained cover .
B . Surface Metal Raceway : Boxes of same Manufacture and
to match Raceway . Boxes to accommodate standard
devices and device plate .
C . Install pull boxes so as to be accessible after
completion of building construction .
0 . Ceiling outlet boxes shall be galvanized octagonal 4
inch , 1 - 1 /2 inch deep ( without fixture stud) , 2- 1 /a
inches deep ( with fixture stud) .
2 . 02 EXTERIOR WIRING
A . Above Grade : Outlet and ,junction boxes shall be cast
cr malleable iron or shall be cast or corrosion
resistant alloy compatible with Raceway to which it is
connected . Pull boxes shall be fabricated of heavy
gauge steel and hot dipped galvanized . All boxes shall
have gasketed covers .
PART 3 - EXECUTION
3 . 01 ANCHORING
A . All boxes shall be firmly anchored directly or with
concealed bracing to building studs or joints . Boxes
must be so attached so that they will not "Rock. " or
when devices are eperated .
ORB 8929 1
SECTION 16130 - OUTLET AND PULL BOXES
3 . 02 FLUSH MOUNTING
A . Except for surface mounted boxes or boxes above
accessible ceilings , all boxes shall have front edge
( box or plaster ring) even with the finished surface of
the wall or ceiling .
3 . 03 ELECTRICAL OUTLETS
A . General : Coordinate the work of this section with the
work of other sections and trades . Study all Drawings
that form a part of this Contract and confer with
various trades involved to eliminate conflicts between
the work of this section and the work of other trades .
Check and verify outlet locations indicated on
Architectural Drawings , door swings , installation
details , layouts of suspended ceilings and locations of
all plumbing , heating and ventilating equipment .
3 . 04 CONNECTION TO EQUIPMENT
A . For equipment furnished under this or other Divsions of
the Specifications , or by others . Provide outlet boxes
of sizes and at locations necessary to serve such
equipment . An outlet box is required if the equipment
has pigtail wires for external connection , does not
have space to accommodate circuit wiring used . Study
equipment details to assure proper coordination .
3 . 05 BLANK COVERS
A . Provide blank covers or plates over all boxes not
covered by equipment .
3 . 06 JUNCTION OR PULL BOXES
A . Pull and ,junction boxes shall be installed as shown ,
and to facilitate pulling of wire and to limit the
number of bends within code requirements . Boxes
shall be permanently accessible and shall be placed only
at locations approved by the Architect .
B . In suspended ceiling spaces , boxes shall be supported
from the stucture independently from ceiling suspension
system .
C . The Drawings do not necessarily show every pull or
Junction Box required . The Contractor is permitted to
provide boxes deemed necessary by him for his work when
installed in --ccordanr_e with these Specifications .
:TEND OF SECTIOW
ORB 8929 2
SECTION 16140 - SWITCHES AND RECEPTACLES
PART 1 - GENERAL
1 . 01 WORK INCLUDED
A . Provide All wiring devices and plates .
PART 2 - PRODUCTS
2 . 01 ACCEPTABLE MANUFACTURERS
A . Hubbell
B . Pass G Seymour
C . Leviton
D . Arrow Hart
E . Eagle
2 . 02 SWITCHES
A . "Specification Grade" , quiet type , side wired , rated
2?? volt , 20 amp , unless noted , with plastic handle .
Single pole , double pole , 3-way , or locking type as
required . Provide matching styles and colors in other
devices as required for the conditions of installation .
Hubbell 1120-I .
B . Interchangeable type shall be rated same as above .
C . Momentary Contact Line Voltage Switches : Single pole ,
double throw, 3-wire , normally open . Rating same as
above .
0 . Device plates shall be Hubbell Type 302 stainless steel .
E . Key operated : Hubbell 1121 -L with 1209 key . Provide
24 spare keys .
2 . 03 RECEPTACLES
A . Duplex NEMA 5-20R configuration ( 20 amp , 120V) unless
shown otherwise . Side wired only . Hubbell 5342-I .
2 . 04 DEVICE PLATES
A . Interior : Plates for receptacles other than NEMA S-20R
shall have ampere rating , voltage and phase engraved in
the plate . Plates for recessed boxes shall be Hubbell
Type 302 stainless steel . Attachment screws shall
match finish of plate . Plates for surface mounted
boxes shall be of pressed stainless steel with size to
fit exactly the box used .
ORB 8929 1
SECTION 16140 — SWITCHES AND RECEPTACLES
2 . OS MULTIOUTLET ASSEMBLY ( WHEN SHOWN)
A . Provide assemblies complete , including necessary
fittings and hardware with circuits as indicated on
plans and outlet spacing as indicated . All assemblies
shall contain ground wire . Wiremold or equal .
PART 3 — EXECUTION
3 . 01 MOUNTING
A. Rigidly fasten each device to the outlet box at proper
position with the wall to bring receptacle flush with
plate or switch handle the proper distance through the
plate .
3 . 02 ORIENTATION
A. Set switches vertical with handle operating vertically ,
up postition "ON" at +48" above finished floor .
B . Set receptacles vertical with ground slot down at +18"
above finished floor .
3 . 03 DEVICE PLATES
A. Shall be stainless steel for each new wiring device and,
for each telephone and signal equipment outlet , except
where equipment mounted thereon covers the outlet box
completely .
G . Provide new covers an existing outlet boxes being reused .
3 . 04 RECEPTACLE GROUNDING
A . Provide bare bonding wire between receptacle grounding
terminal and box . Plaster ear screws ccnnecting -Frame
to the box will not be acceptable for grounding .
3 . OS HANDICAPPED ACCESS
A . Comply with requirements of Washington State handicapped
access code .
SEND OF SECTION-
ORB 8929 2
EC-T_r,.
WORK !ACLJncrl
A . p anelboard equipment COmolPte ; dead frmnt
+ y p e
PART 2 - PRODUCTR
_, . 0 1 PANEL BOARD TYPE
A . Penel.board, shall be rated at proper vnitage and
Current for intended use with b usbars of copper .or
aluminum . Panels ,hall be 1 phase , 3 wise ; ! OF ner__e7l
neutral , unless; noted otherwise . Where aluminum V
,ti_ l i ed , all lugs shall be of an approved cempress Tn
type . Provide multiple lugs where .ondgctor - in
parallel or "feed through " are shown on the Dra'.•rirgs .
r t h e '_jolted to hu bar �
B . .onductor Connectors ors shall b i ,-
Grade 5 bolts and Belleville washers . Where alumi :- ._",
conductors are utilized for feeders or branch circuit
the connectors ,tall- Conform with Suction 16 30 .
ge to ground hens t�nde -
�_ P.-�nelboards sh�jll have a per,= - � ' - _ J
the cane lboard frame .
0 Where 120 Walt , 15 or 20 Amp breakers are intnnve� f^r
switching 1 -ads they shall be of type rated
,�n'
stvitchinc� duty labeled c�'...
APCEPTAR'_F MANKFACTURERS
A . nenerel Electric
c . Squa re-D
T.T r
Cutler-Hammer
F . he tinghouse
n? CIRCUIT BREAKERS
A . The followin .- interrupting r_.apaci. t '.r , 10 , O00 A ;C
Symmetrical shall be considered minimum . Ot -er
ratings ;hall he as specified on panel schednies shown
on the Orowinas .
B . Mount breakers in all panelboards so that hrPaker
handles operate in a horizontal Mane_ . Pelt- in ty p
only . Provide common trip or all multiple pole
breaaknrs .
F_ Wne . rot ^d , - rovide spare breakern , complet _ for
Put"re con,nerticn of wiring circuits . Where ' Space ' is
indicated for hreakers , 'provile all bussing and breaker
mounting hardware in tho r..anelboard , provide steel
gp21 1
PFr,TTON t 1Ro - PANELROARnR
�
r..no�.4'.r�tt9 in read front metal ._ -��=.:,re f iru-ed Der "- - -
nanel . If any steel knockour. s are remr•ved , nrDvid•?
�
breakers in such spaces or a;rproye+d cowern1 _tes . n -
o r
spaces are not permitted .
74 CABTNFT `nR =ACH PANFLa0ARD
A . Surface , as indicate! ; tight C101jig doors without
, lay , when latahrld . Where two cabinets are lo, 3t0ii
adjacent to each ot
her in finished areas . _,vi. i
m of the same height Where a rer.. e
mat _ i trirnnFrnlled ;1itch or contactor in mounted in or.'/
none !hoard , mount on Aame frame an panelhoard : n' - .
v ith screw retained access door in dead Ar7Int h - - - ;
a circuit breakers nn remote ro'ntro� ' lY'-
common door over -
device .
F . Provide cabinets of sufficient dimensions tc 51 .w Fnr
future expansion and addition Of ircui ` rRnk
-
within the panelbnards as indicated on pare l sched t _ .
C . Provide lock for each cabinet door . All Eiectrival
Oi ytrihution Equipment Looks shall be key—
identically . Key system shall mat -h existing - -:,- n . y
Owner with minimum six keys .
D . Fasten Panelhoard front with ma -hire sarewG with 1
counter-sunk heads , finishhardware �ua l i t wi t h
exr_,utcheons r,r approved trim a -amPs
open are a C^�D ` r b i n
Only when dead front .door is
i,rfa ce mounted p anelhoards with fronts gradler t �,tn
1 dimension she e hinged at. r - d=
aches �.iei,t ,.^a ,d,. shall >
in addition to hinged door nvp , Front ,
Finish F'r,,vir!r factory prime _. -
located in finished areas . Where cabinets 3re _ o_
in unfinished areas , standard lacquer or enamel 2ini -.
gray or blue-gray color , shall he substituted "or
factory prime Gnat .
1 . 75 SYSTEM OF NUMP_.ERTNO AND BUS ARRANSFb^:F_NT
A . Shall be as shown on the Panel =chadule = on the Drawings .
2 . 06 PANELBnARO NAMEPLATE
A Provide ;engraved and filled ( or color layer - engrsved
through outer layer) plastic nameplate with 112 inch
high characters ( for panel name) ; attached with. screw
to'aach panelhoard front . White on black , include
,:mirage , p-hases , wires and minimum A . I . C . Rating in
1/9 inch characters .
R . Nameplate colnr shall be : Normal system - White
letters on black. .
2
ECT T ON 16160 - PANFI_F:f"i,ARMt
PART 3 - WWFCqT7%1
2 . 01 MCUNTTNC
F Spccrre in place with top of cabinet at G ' - t_tr ! e
chherwise noted . Top of cabinet and rrim shall
1puei . Firmly anchor cabinets AirpcKy =r w{ th
oncegled bracing to Building Z- r _Icture . Wmen ;pane , n
or not located in or directly on a wall , Prnvide
s cu oat =r arne or Formed st pe _ channel whi 'h i i anqhcPn
-
- the Floor and Cei 1 i ng Ch ri_ c rater : Dr s = 'a _
not be n - a _ . ed mnti- L ht , nclnre in tc -011 en" 9sn-
hhorp pHnpls are i[l0I_.nted ads t to ram.., h otier , �
Poch Rranch Circuit P:ane 'rh7. , . . Crr,.� _. _
pewritten index: lilting each ,- _ 7cuit in th'
van= ihnard by number with its - rooer 10ad esi.._-•07 -
n"n r with a f. ra n s oa re n t p ro t e c t i Q r inside
n =t-, , net dnor . List .-no shall match rircui4 -a"
. . ....menus , tyni :ally with add ha; s _:n tKO AF-
4nd even nLmbZr = on the right . R;_ :m numbers ;.i = ._ _ i
to final room nt:mbers used in _ e bull t e
with 1- hp 9wnP_ r , and net -oam -OP.-OPF 0 1 s i_o ed On _ . ' _ .
�. _ CARTNFT P„ NT _Nr-I
A Vabine s Phrnished as prime Knintinq ::-,._ l t . "
pa , n _ d no match olor of adjoloIN
002. 1 . Z , _,
TRAM
M
Required Working Cleararce; Dario: tO �-cf_cm nl of = O-
nr =,wi. nq ; .
Prnw , de Pn r F4 .0
>* FNR OF REWTON:`W',
SECTION 16180 - FUSES
PART 1 - GENERAL
1 . 01 WORK INCLUDED
A. Provide all fuses as required . Provide three ( 3) spare
of each size and type required . Fuses shall be U . L .
listed , Class L for 600 amp and over with
characteristics noted below .
PART 2 - PRODUCTS
2 . 01 RATED OVER 600 AMPERERS
- A . All fuses rated over 600 amperes shall be UL Class L
labeled for 200 , 000 amperes and as current limiting ,
such as Gould/Shawmut Amp-Trap A4BY or approved equal .
2 . 02 RATED UP TO 600 AMPERES
A. All fuses rated up to 600 amperes shall be UL Class RK1
with time delay and suitable for up to 200 , 000 amperes ,
current limiting such as Gould/Shawmut Amp-Trap II , A2D
or A6D or approved equal .
2 . 03 SPARE FUSES
A. Spare fuses shall be provided with a minimum of three
of each ampere rating .
2 . 04 ACCEPTABLE MANUFACTURERS
A. Gould
B . Sussman
C . Federal Pacific
0 . General Electric
PART 3 - EXECUTION
3 . 01 FUSES
A . Install in all fusible devices provided under this
contract .
***END OF SECTION***
ORB 8929
SECTION 164SO - GROUNDING
PART 1 - GENERAL
1 . 01 WORK INCLUDED
A . A grounding system shall be provided for neutral ground
and equipment ground as required by code .
PART 2 - PRODUCTS
2 . 01 GROUNDING CONDUCTORS
A. Copper , code size , with physical protection where
subject to damage . Bare or green insulated .
2 . 02 GROUND RODS
A . 3/4" x 8 '-0" copper clad steel .
PART 3 - EXECUTION
3 . 01 GENERAL
A . Provide all grounding for electrical systems and
equipment as required by codes and as specified herein .
3 . 02 GROUND RODS
A . Provide as shown and/or required . Connect the ground
conductor to each rod .
3 . 03 SIZE OF GROUND WIRE
A . As required by code . Where ground wire is exposed to
physical damage or is used outside of building or
underground , protect with rigid non-metallic conduit .
3 . 04 GROUND CONNECTION OF WATER PIPING
A . Metal internal piping shall be grounded , as part of
this contract . (new work only)
3 . OS CONNECTION TO THE GROUND BUS
A . Provide connections in accordance with the codes ;
including but not limited to conduit system,
switchboard frame , service neutral and electrically
operated equipment and devices . No device or equipment
shall be connected for electrical service which has a
neutral conductor connected to a grounding conductor or
to the frame within the device or equipment .
ORB 8929 1
SECTION 16450 - GROUNDING
3 . 06 METHOD OF CONNECTION
A . Make all ground connections and ground cable splices by
thermal welding . Grounding lugs , where provided as
standard manufacturer ' s items on equipment furnished ,
may be used .
3 . 07 FLEXIBLE RACEWAY
A. Shall not be used for grounding . Install seperate
ground conductor in all flexible raceway .
3 . 06 PVC RACEWAY
- A . Install seperate ground conductor in all PVC raceway as
required per code .
*-*SEND OF SECTION***
ORB 8929 2
SECTION 16500 - LIGHTING
PART 1 - GENERAL
1 . 01 WORK INCLUDED
A. Provide the lighting system complete and operational .
1 . 02 FIXTURE SCHEDULE MANUFACTURER 'S SERIES NUMBERS
A. Are a design series reference and do not necessarily
represent the number , size , wattage or the type of lamp , _
ballast or special requirements as specified hereinafter .
1 . 03 SUBMITTALS
A. Shall be neatly and clearly marked to indicate the
fixtures , lamps and ballasts fully comply with contract
documents . When substitute fixtures are submitted ( if
permitted) the data shall clearly cross reference
( written or Highlighted) that the substitute fixture
complies with every detail of the specified fixture .
Fixtures not fully complying with contract documents are
not permitted .
PART 2 - PRODUCTS
2 . 01 METAL PARTS
A . Intericr Fixtures : Steel or aluminum with 300 degrees F . ,
Baked enamel finish , brushed aluminum with baked acrylic
clear lacquer finish , or stainless steel with a brushed
finish , manufacturer ' s standard color unless specified
otherwise . -
B . Exterior Fixtures : (DELETED --- NOT APPLICABLE)
C . Recessed Type : Incandescent fixtures shall have housing
containing an integral thermal device per NEC 410-65c .
2 . 02 LIGHT TRANSMITTING COMPONENTS
A . Virgin acrylic plastic ( . 125" thick over-all minimum) or
glass . Shall be contained in a steel frame hingec and
which remains attached to the fixture when door is in open
p 0 s t i 0 n .
ORB 8929 1
SECTION 16500 - LIGHTING
2 . 03 SPECIAL PARTS
A . Adapters , plates , Brackets and Anchors : Provide where
required by construction features of the building to
suitably mount lighting fixture . All such appurtenances
and mounting methods shall be approved by the
Architect/Engineer prior to fabrication and installation .
2 . 04 LAMPS
A . General Electric , Sylvania or Westinghouse
B . Provide for each fixture in the exact number and type for
which the fixture is designed or as noted .
C . Incandescent Type : Inside frosted , 12Sv , filament lamps
rated for 2500 hours of life ( extended service type) .
D . Reflector incandescent Type : 12Sv , filament lamps rated
for 2000 hours of life .
E . Fluorescent Type : Bi-pin , T- 12 rapid start ; color warm
white , energy saving .
2 . OS SOCKETS
A . Porcelain , medium base except where mogul base lamps are
standard for the fixture specified .
2 . 06 BALLASTS - FLOURESCENT
A . Suitable for lamp type employed
B . Acceptable Manufacturers
1 . Advance
2 . General Electric
3 . Jefferson
4 . Sala
S . Westinghouse
6 . Universal
C . UL and CBM lables .
D . Standard application :
1 . Universal "SLH" or Equivalent ( for 430 MA rapid start)
2 . Class P . High power factor type .
ORB 8929 2
SECTION 16SOO - LIGHTING
PART 3 - EXECUTION
3 . 01 LIGHTING FIXTURES , GENERAL
A . Size and mounting height from finshed floor to bottom
of fixture as indicated on the drawings . Verify
mounting provisions prior to the ordering of fixtures .
Fixtures shall be UL listed for the location , and
- application in which they are installed .
3 . 02 DIFFUSERS AND ENCLOSURES
A. Install lighting fixture diffusers only after construction
work , painting and clean up are completed . Prior to final
acceptance , remove all lamps , reflectors and diffusers ,
wash , rinse and reinstall .
3 . 03 ADJUSTMENT OF FIXTURES
A . Make all final spotlight and adjustable light settings
under the direction of the Architect/Engineer during a
scheduled period of time prior to the completion of the
project .
3 . 04 SUPPORT OF INCANDESCENT FIXTURES
A . Surface or pendant type : Attach to heavy formed steel
straps attached to the outlet box by means of threaded
stems with locknuts , or directly to the outlet box where
the fixture is specifically so designed .
8 . Recessed Type : Mount in frames suitable for the ceiling ,
with the recessed portion of the fixture securely
supported from the ceiling framing .
3 . 05 SUPPORT OF FLUORESCENT FIXTURES
A . Recessed Type : For fixtures supported by the ceiling
supespension system, provide integral tabs which rotate
into position after fixture is lifted into the ceiling
cavity . Provide two safety chains secured to structural
members above suspended ceiling . Circuit connection shall
be through use of 60" flexible conduit from a rigidly
supported junction box .
ORB 8929
3
SECTION 16500 — LIGHTING
3 . 06 (ITEM DELETED --- NOT APPLICABLE)
3 . 07 LOCATION
A . Mount to the dimensions shown on the drawings . Mount at
quarter points where no dimensions appear . Architect
shall specify mounting locations where no dimensions
appear and quarter point mounting is impractical or not
indicated on the drawings . Refer to details and
mechanical drawings for equipment mounted in ceilings and
coordinate locations with light fixtures . Locations in
the event of conflict shall ae as directed by the
Architect .
3 . 06 SPARE PARTS
A . Ballast Fuses . Provide 20 spare fuses of each size used ,
packaged and marked to identify fixture type where used .
3 . 09 (ITEM DELETED --- NOT APPLICABLE)
3 . 10 SWITCHING FLUORESCENT FIXTURES
A . Provide two level switching of all three and four lamp
fluorescent fixtures such that the center lamp( s) are on
one switch and the outer lamps are on another . Required
switchlegs in fixture flex connection "whips" are not
shown on the drawings .
-**END OF SECTION***
ORB 8929 4