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HomeMy WebLinkAboutLibrary Handicap modification - Matt/SoutholdSPECIFICATIONS TOWN OF SOUTHOLD MODIFICATION OF TWO LIBRARIES TO ACCO MMO DATE FACILITIES FOR THE HANDICAPPED 4,-8-81 SPECIFICATIONS TOWN OF SOUTHOLD County of Suffolk State of New York MODIFICATIONS OF TWO LIBRARIES TO ACCOMMODATE FACILITIES FOR THE HANDICAPPED (504 Requirements) CHAS. H. SELLS, INC. CONSULTING ENGINEERS WEST BABYLON, N.Y. MODIFICATION OF TWO LIBRARIES Town of Southold New York Drawing No. LIST OF DRAWINGS Descriptions Mattituck Free Library Southhold Library Drawing Title Plans and Details Plans and Details MODIFICATIONS OF TWO LIBRARIES Town of Southold New York INDEX TO SPECIFICATIONS Descriptions Housing and Urban Development Requirements Notice to Bidders Equal Opportunity Information to Bidders Wage Rates Proposals Bidder's Questionnaire Non-Collusive Bidding Certification Disclosure Statement Contract Agreement Faithful Performance Bond Labor of Material Bond General Conditions TECHNICAL SPECIFICATIONS CONTRACT NO. I Division 1 - General Requirements CONTRACT NO. 1 - GENERAL CONSTRUCTION Division 2 Sitework Division 3 - Concrete Division 4 - Masonary Division 5 - Metals Division 6 - Wood and Plastic Division 7 - Not Included Division 8 - Doors and Windows Division 9 - Finishes Division 10 - Specialities Dj vision11 - Electrical Division 12 - Plumbing Pag es CD-1 - CD-113 2 3 - 5 6- 10 I1 - 14 15A.- 15 I 16- 17 18 - 23 24 25 - 66 67 - 71 72 - 75 76 - 81 1-1 thru 1-6 2-1 thru 2-15 3-1 thru 8-10 4-1 thru 4- 6 5-1 thru 5- 4 6-1 thru 6- 5 8-1 thru 8- 7 9-1 thru 9-15 10-1 thru 10- 5 11-1 thru 11- 6 12-1 thru 12- 6 COMMUNITY DEVELOPMENT PROGRAM CONTRACT COMPLIANCE PROCEDURES To assure compliance with Federal Labor Standard requirements pursuant to the Davis-Beacon Act and Executive Order 11246, as well as the Housing and Urban Development Act of 1968~ the following information is included in bid specifications and contracts: 1) 3) 4) Executive Order 11246, Subpart B, Sechon 202, paragraphs (1) through (7), inclusive. New Model Bid Conditions which includes the EEO clause and Nassau/Suffolk Plan. Federal Labor Standards Provisions, Paragraph 15. Prevailing wage rates in effect when the work is performed. CD-1 Executive C~der 11247 COORDINA'[ION BY ATTORNEY G[NERAL EQUAL EMPLOYMENT OPPORTUN~Y Executive Order 112-~6' IS0 F.IL Under and by ~rtue of th~ authority ye~d in mo ~ P~ident of rite United Sta~s by the Constitution and statu~ of the Uni~d Slltl~% it is ordered as follows: Sra. 101. It is the policy of tho Oovem~nt of tho Unit~ S~.~ ~o provide ~.M oppo~umtv in F~eml employment for all qu~lifi~ ~s. to prohilfit di~-riminr, tion in employment ~au~ of ~, color, religion. ~:x or na6onal origin, and to provido the full realiza- tion of rqual employment ,, , smunity through a ~mitive, mntinuing pm~am ia each t~xcS..t ire ,h' .t~m.n[ and almnCV. The ~licy of eauM opportm,.y apphts to e;ery RSlmrt Of F~e~I employment F~llcy and prm:t~ce. Src. lC~2. The head of e~ch executi~o department and a~ncy shall tunitv for all civilian employees and a q~li~nts for employmm~[ within his j56-tCtion in ~tccordan;~ with the p.licy ~.~ f~rlh in 8cctoio I01. S~c. 103. The Civil Service Commbsion shall supervim and pro'Adc l~auerm~p and ~.lance in the conduct of ~ual employment ep~r- tun~ty p~,~tn~ f.r thr civilian ¢,mploy~s of and appli~llons for em~lov:nrnt within tho exerulive deva~ments and *~oci~ and Mmll r,v~ed a;~.ncy program :wcom ~lisl;mcnts periodically. In order facilitate dm ~h]e~cm.nt of a modM program for *lual ¢atploymen[ oj,l~mu~ity in lhe Fe,l,qal s~.rvice, the Con.niszdon may ~nsul[ from t:n:e lo tm~e wid~ su,'h imlivid,ml~ ~:roups, or o%'anmatio~m of ~;i~ance in improving tho 16~le~l pml~n ~d ~lizing tho obj~tivts of this Part. 5rs. 1~. The Civil Sc~'im Commimion shMl pm~de for tho prompt, fair, and impa~al Consideration of all ¢ompl~in~ of dis- criminatk, n in F~l~ral ¢mph,vment on lbo basis of ra~, ~lor, reli~on, ~x or nationM ori:Sn, l'r{we;h~a for tho ~naide~tion of comld'ainka shall include at lea>:t om, impartial roview within Om cx~ulivo depa~- ment or s?ncy and sl.dl pmrido for apl~M ~ tho Civil ~rvico Stc. I,',5. q'he Ciril Sem'~,'e Conm~i~ion shall imue such o.t bs r.q,,,nsi}fili~ lea nnd,.' this Part, and tho her. d of e~h ox~.tiro d,q.:::'m;ent and a~etmv shall comply with tho mgulatiuns, o~e~ and S£c. o.01. Tho .%crelarv of Labor shall be resp,)nsible for the a I t in- istration of Parts II and Ill of thin Order and shall adopt, sueh rules and regulations and i~ue such onle~ as he deems nec~a~ and propria~ to achieve the purpo~6 thereof. Szc. ~. Exco[~ in e~ntracta oxe,npted in ~ordancv with S~tion ~t f tlus Order all (,ov~rnment coatractmg a~llCl~ s} all ncludo in e~eFy Oove~ment coni~t hereafter ente~d into tho roi owing "During tho [~rfo~anc~ of this ~ntract, tho ~ntr~or a~va follows: "(I.) '~e contractor will not discriminate against any employeo or applicant for employment t~cau~ of ra~o, color, rchg~on, ~x, or nrAional o~gln. The conlract~,r ~ll take affirmative action to ensure ti, st applicants am empl,,yed, and that empl,~yees are lreat~d during emp{oymenL wiihout ~sard lo their race, color, n,ligion, ~x, or national ori~n. Such action shall include, but not I~ limited lo the f.llowinff: employment, nl,~radi,,g, demotion, or transfer; ~it- ~nent or r~n:ilrncnt adve~isin~; ht~'off or termination rates of pay' or ocher forms of com[~nsafion; an~i ~lection for training, including apprentic~hlp, q'}{o c,mtract~,r agr ~es o ~s n c ns it riot s n av~ll~b{0 t0 e[nployf~s and alq)lwanls for employmenl, not. ices ~ ~ pro;'id~d by Che c~niracling o/liter ~tling fo~h Ihe provisions of this nondi~'~malion el:tu~. "(~) Tho con~ri~ctor will, in all sx)lieitations or advedi~menta for em~do)'ees plaid I,y or on bphal f of Ihe contractor slate that all ~ ~ al - fk'(x apld~cants will m,'cive ('(.~shh,['atiors for employn,ent without m~ard to ~w(,, color, n,ligion, ~x, or n,:tiona} or}gin. "(3) The contractor w/l{ ~nd to Ivl(-}l ]ab~,r un.m or mprc~ntative of v.'o:ke~ with which he )~ m cnllt,~qive bargaining agccem(mt or oiher con~ract t>r undef~tandmg, a nol ice, to l,e [)r,)vi(tt.(l hy (h,~ agency (v)nirxt'tiuf~ .~]ccr, advising (he hd)~)r union or workcl~' rep:v~en(ntive of tee cont)~qo~' commita,(,:~ts under Section ~02 of Executive Order No. 1 ICi(; of Sep(,,ml~,r 21, IP85, ai{d shall post copies of the notice in conspicuous pl~ea availal)lo to eml)h)y~,s anti applicants for employ- ( ) ~no cmtr~i<r will com~)ly n':t.h all l)rov~slons of l.xccu([vc Order No. ll2dg of Se))tcntl~cr C~t, 19{;5, and of tho rules t~'gulations arid re event ore ,.~; of (~[e Sccrelary of Labor. "(5) Tho cm{tractor will furoish all ififormation and ~X~l)O~.s m- q ir~}y Ex(~'uiix,e Order No. · 1 l°tO °f Se )feral)vt °'1~ 1 _ 19G5,.~nd })y tho r:]h~, rt'~dat.)n~, and or(te~ of (he S~re(ary of l,:d~r, or pu~nlant thereto, sod will permit ~-c(,ms to his )la)ks, records, and ~coun~ tho co:dr:~ing agency nnd the Secret~ry of L:d)or for put >o~ of inv~ig~ion ~ ~el~ain ~n,pliance with such ~le.q, r%mlations, nnd o~ "((;) In tilts event of the conlra,.tor's nool.o,,q)liance wilh{ to ,n- di~:rimin;ttion cl;tusl~q of {his coutrac{ or ~ ilh anv of ~uch i'll'es re~u- l;~{ions, or onh,,'s, this conit';tcL ol:ty I,e cancelle~, tel'ill nnl.'d of i,,~nd,.,l in wh.lo or in p;ut sod the contractor may. he declared tnt'Ii- glide for futll,vr (;,,veltun,'n{ t.~nJl;ll'ls il1 II(ICO{'{I;X{IC{t with pr-,'V,hlrcs lllll hoi'lzt,d III ['.XecIItivv ()taler No. 11216 of ~eptvlltber 24, I~H,.5, sill;Il ol hel' S:tln'tiollN nla~' Iii' iml,O,ed and i't, llledies invoked a; providt~] itt l,lxt~'utire ()c,h,r No. 11211; of Se )leml,ee ~-I, 1995, or by rule, rekm- I;tti.u, or order of Cl~e S,,,',',,tarv ,,f L:, ,.r, or a~; oCl,crwi~s pro~'idal by law. "(7) Tho con~ractor will inch.h. Ih,. I,rovidon~ t{f l'ara~ral,h:; (I) Ihroug}, (7) in e~ery SIIb('Oliil';ll{ Ill' plll'clia~' l)ldi'r III{I[~sq explnpl{.d I,y rules, eegu{alions, or .rdvr.; of the S,.crvla~v. ,,f ].:tl,oe is~m.,i stl:tn{ to Section 201 .f l:.x,.,'mi~,. ()rder N,,. I lYif, or >vld,.Inl,,'r 21, IPl;5, ~) Ih{iL s[n'h prox isi,,ns will },e {,indil,g n{.,n v:t,'h s,d,,.,,nira,.tor or xeuth.'. Tho conlraci~n' will {:tko ~u,'h action xx:il/i ],rq.,..{ I' any )}{;LTICC[ I',.o,.id,'d. ~.,.',','ct. 'l'h:d i,t Ihe vxenl Ihe conlr;lclOl- ('OiLI C:I('t{)I' ilia)' ['equ,'st the l :nil~.,I Slal(.~ i(,enfcr info ~lll h {itil~:ilji,]ll i)r,,h.,'L th(' {Itlpl't,~t~ ,)~ Iht, l'.}h',l ~l:{'. ~()3. (;ti ]'::Ich ('(,lit['aelof JlaviJl~ a eon(r:te{ ,'ont:tinin~ f}.~ pro- vi~i(,ns I)l'c~('~i'~}..I io ~t'cl h)n ~il~ shall lih,, nn,I ~},:dl ~a,[~, v~eh of his suh('~)ot rnt.t~r~ {,) iih,. C,m,ldhu..(. [h,i.)rts xxi(h sh:tll be hlcd wI {lIn SIll' { tllll*'N ;lIlt{ sh:tll (,on :llll SI{('}I Infornl:t n)n lo Ih(~ pcacli,,e~, policie,N I~ro~l'al/~s~ and cntployjnenl ,olicies, pro- gt':tlll~, ;LIId ~,loployuient, st:tlislics of lhv c(~ntracf()r and each sub- t~onll':tctoF~ ~lld shall b~ i,, such form, as Ihe SeClCl:try of l.:d~r may presccil~e. (b) i~idde~m or pcospeelive.conlrach~ or subcontracto~ may bo r~luired Io st:th, whelher Ihcy have p:trlicipaled in any prnrious con- tr~tcl sul,j,,~ t t~ tho provisions of II,is ()rd~r, or any pre~',~ling similar Ex(~'ulixe ordvr, and in {hat evvnt {o sllbtllil, oll heh:~{f of :tnd Iht,lr i~ropos~] subc~mtr:tclors, ('om{,I}ance {~vporls prior lo anini~i:dlmrtoflh,,irl,ldornewfi:~li, u,~fac trw. (el Whenever lh,s cont. ra,.lor or snbeonlra, tor has g ,~]}c~.livo I,ar- gaining :[gre~,nle[it ,)r olht.r conll'a(.t of llnt{plst:tln{ing with a hds~r onion or an :~gencV rt. flq't'il~g ~¢,~rkers or .'oviding or su ~ervising appt idn:~;hq~ or Ir:truing for such wo~k,.cs, Ihe (omphance I/,'I,,) s)udl iochLdn such inrorfu;Ltioo as 1o such I:t})or nn}on's ,)r a~n,:y pr~tclice.~ :Lrtd policies :tiTtering conlpli:Lnce aq th,' R,~'r,da~3' of n~y pre~.ribe: I'rn~.id~'d, That ~o t he exl~,nt s.,'h in f.rm:tl ion i~ wil hin thn exc{usivo po~;~easior~ of a I:tl.,r ,mi.n or an nW,ncV ~.f,,rring work- ers or ~rovi,hng or su s,rvi>in~ ap ~rentices},i , or t'rainl.g and ~mch latimer union or agvncv sh:,}l refuse t~ furnish atlch }nf. rmalio. Io th~ pa~ of its Corn ~lianco Rep.~ and shall sci fo~h what ~ffor~ he'h~d ,n~lo ~ obl~ n such in format on. (d) Thc -mlr~'tintr .g,mcy or tim SccrOary of l,Mmr may direct I,y an aulh,,rizvd ,,l~,'~ r or agent (,u I~.lml f of any lal~,r tmior, or any .~cncy referring ~orkers m' provi,lin~ m' s.t~.rvisinK ~pprcnli,.~hip ~r oHn,r lraininl5 with which Ilw biddm- or proslmchve conlraclor &.al~, with ~n q~mn~ informal.lo., to tim effect th~l lhe si,mer's relic, ion. s~x or n.tlonal m'ifiin nmi H.U the ~i~m.r either wd~ allirnm- tivu~y cnn ..rate in tho im ,h'menr~liml ,,f the l.,li,'y and lllXiJ ision~ of order. In tho event that the union or the agwncy shall [~fnm~ sach a ~;t~:tement, tim Co p a~ c~, Rnl. a shall ~ cegify and set foflh x hut ~ffoiaa have I~.~ u mada to ~ma~ such a s~atement and sn :h ~ldi- lionel faotu~l m;;~riM as the cmtfm,'ting aKwm.y or tho Secrcla~ of . }<. ~01. qbe ~ .rital) of taler :Troy, whon ho (]et~ms ti:at Sl~cial oilY:lev [r.:n th, requiremenl o~ inHuding hiD, or alt of Ihn provisions of S.','tion 202 of this Order in any Sl~.Cihc con tact, sula:oniract, I,ar, h ,..,ordcr. '[h{~ S,~'lt,lary lit l.:dmr may, by rnle or i'{~n I:t- tLo United htatl..~ and no n,'mih.ent of wm'ke~ within dm limits ¢.f tho l':fit~d ~;:M~ is invoh,.d; (2) for ~mnd:u-d cnmnmrcial sup- plies or rlw m:deri,ds; {3) involving te~ Hlan s ~',,fied alt}Ollll(~ di*tim't imm artivili~$ of lira conlraclor r0hded ti} the la~l-for.lam.e of tlc c,,ntnir:/: I'rouMed, 'Dmt su,:h an exemption will n.t interfere ~,it'.t or imf~.,te tt;e effc.'tu:;tmn of thepurpo?4~ {;f Ibis Order: And proui'dcd ~urtA<r, F},:tt iu the ab~,nce oCsuelt an exemption all facili- tio ahali ~ covet~ by the provisions of Hfis Order. $~.. 205. Et;ch ~ntnx~in~ agency sim 1 ~ pr' n ~:ly ~s~ns~ ,1o for $l,l::ining compliance ~ith I}m tales re~,u allot s. d or lets of tho ~..~xt,.Pj ? I,at~t wllh resp~:t ~ ~ntmc/8 ~,ztt~ m~ by =g~cy or 1~ ~ntractm~ All cent, nu:ting ~.'enck~ ~]l ~mply xdth tho mica of Ihe Secr5tary of trebor in d~;cl.:rgint~ fl;tlr Dl{Ina~ rcct~r~ibil[t7 for s.<uring eomplian~ wkh tho pr~msions'of tn:eta and othe~:~ ;v~{l~ tho ten.a of this Order ~nd of tho I}:m Orrler. ll,ey ~tl't dilc~led h~ c~perale ~ilh lbo k;ecr, hzry of tMa Onler. 'Dley am further dir<ted to appoint or ~s m -tn from 'among the agem'y's l~ns, mnel, compliance ollio-m. It.shall be the dnty nf such o{lice~ to a~ek cmn ~liance with the objedives of this Order by confc~no,, com'iliatimh mediation, or pc~umqion. Six:. SOL (a) The Secn. tary of L:tbormay invt~li~tte the emply~- ti:tie snch inves6galton b¥,lhe appropriate conlncting aLwncy, lo de- lermino whether or nol l}~e c~,nh'actual pr,~visi,,na q~difietl in ~ction 202 of this Ordcr have la,eh violated. Such investigation shall ~ tary ,,f [.:tbog and the invesligating aRmwy shall mlm~ lo the Seem- (b) Tho See~tary of Lalmr may receive and investigate ~}r cau~ lo ~ invesli~tl*d c~ml daints I,y em dov,'es or ,ros motive emplo~'c~s lion ~ntmry ~o tim conlr:wtuM m~visions s~cified in Seclion 202 ~f Ih s Order. If Ih s iH'psi gal .n s corn re'let for I le S~mta~ nf I.:t~r hy :u c.ntrarting :lgtqmy, lhal a~,ncy shall repo~, to tho S~'nqary what. :.'h.n hasheen ~aken or is re~-ommended ;~th ~rd I,~ such /~mlpl:tinls. SEc. 207. The St.ci'et:t~ of l.almr shall um his I~ ~.fforts, di~ctly :tlt,I thr<mgh ,.,mi I';Iclillg agencies, .Iher intere.qed F~,de:qtl, St:tlc. and hw:tl aLn'n,'ies, rm~tr:uqo~, ami :dl other available insInmw.l:diti¢~ to or any agency refvrring ;~-rlier~ .r pr.vi,ling nr sul,ervish}g appri'n- /iceship m- lrai.i,~g f,,r or ,, Il., ,',,u,~. ,,f such wm'k In cq,Ol.'r:da in the imldt, nwniation of the [,nrl~}~.~ of ~llis Order. 'l'hn ~ecD~taq. of La}..' shall, in al,j,r.prl:He cas. s, n<,tlfv the Eqaal }smployment pr ale [.'ed*;ral agencie~s wl..fmver I bas r*,:t~m lo ta.I e~e Ih:ti the pmciic~ of any such hdmr or~:mlzali,m or aReney vlolMe Titlo VI or '['illo VI [ of the Civil Rights Act of 1964 or other provision of F~I- oral I:[w. S~a:. ~08. (a) The Secretary of I.:d~r. or any a~.ney, offic*r, or · emldO)t~ itt the exvcutive hr:tach of the Govt. rnment desiLmaled by rMc. ~gul:ltion, or order of lite Secret.try, m:ty Imhl such hearin~ ]mblW m' private. :~ H~e S.ctH:try may d.cm ath'isahh, for ,..mpli;mce, .nforceme.t, or educ:Hion:tl lmrlm.vs. lb) The Hetm,{ary of L:d~r may hohl, or can~ t.~ he held hearin~ in :.'cordam.e wilh Suh~fi,,. {a~ .f this Sc,'H,m prior to traipsing, m%,ring, or wc,}mmemlmg Hm im ~,~sition of l~naltles ll~d ~anctions Ilfider ~his Order. No order fnr ih.l~arnlent o{ any co.tr:.'lor from furlher (]overnment ,',mh':t, Is an,h.r Secli,m 2liD(a) (6) shall ~ made wilhout affnrding Ihe c<mt ra,'{or :m Olqmrt .ally for a hearing. S~:c. ;20,. (a) In a,'c,u',lam'c Mth such rules, regulatio.s, or orders as Ih0 8ecrelary nf l.al~}r may i~.e or adopt, I}m St,.cretn~ or Ihe ( l ) lhtbJi~h, ilr ~'lJllhP JO }K, l)llJ)JisJll'd, IJ!P IIBIIleS of ciHiJractors of un.,ns ~ hich il has c.n,'h.h.d have cmnplil,d or have fail.d to cmnply ~xilJt tho provi::imm of this Order m' nf the rllJes, leguJation% and Ol'lJPl'SOflJll~,'l'l'clill",'l;f [ } r R,~d~tn~nd ~o cha l)~ mmnent of Justic~ tb~t in ~ in stznfiM or m::/eriM vichti.n of tim conlr~-gtml provi~ions m~t in ~ecti~;n 20:] of this Order ~r~ ~ror r e n~x~ain~ bo hrou-ht t )os of a~pli 'able lw, of ( rLmniz.tti~ n~ indi~d~als or ~uns who prevent d~n~qlv or mdm~lly or sedc to prevent &racily or md~tly, complia.ce w th tile provisions of this ()rder. (3) ,w~mmend to lbo E~ual .mployment ()ppofl.~ ty Commm- ~ion or tho l),-im~ment of dtt:~ico that app~a~priMo pr~din~ mstmtted under Title VII oft }e Civil Rights Act of 19~4. (4) l&commond to tim l)cpamnvnt of ,h;~im that criminal pro- c~dingm ~ brought for tho furnishing of fal~ in fommtion ~ ~sy ~n- tra,~ing ag~,ncy or to the S~rola~ of Lalsw ms the ca~ may Ira. (5) Canc~,l, ~rminalo, snqmnd, or cau~ to ~ can~al~l, terminated, or sus~nd~l, any co.t~ct, or ney [mrtion or v}rtions thereof, for fxihm~ of fl~o ~ntn.~r or sul~ont~¢r to ~mply with tho non- discrimination provisi~ms of the conifer. ~'mtract.s may }~ ~ncoll~l, lermin:th,d, or snsla~.dmt absolutely or contimtan~ of ~ntrm may ~ conditioned ulgm a progr~t for fuluro co~nplian~ appmvM by tho omi ~t ing ar;ency. . (~) I'rm'ido t[iat any contm~qing agmmy shall rofntin from earr- ing m~o furO~er contracts, or o~enstons or other modific~6ons exqa.:;: ~mtractq with any noncomplying continuer, until such con- trac,or h:u~ ~t~shod l}~e Secn4ary of l~tla~r that such continuer has e:~'al,lishexl and will carry out ~r:~mnel and employment ~licit~ in ~mplian~. with lbo prm'i~ions of this Order. lb) Under rolo~ =~d read.ions pmmri~ by ~o Sentry of l~N,r, 0ach c,,nt 'ac r agmncy slmll re:dee me. enable effm~s w~thin a r,~a:.mmb[e time linfita~i.n t~ ~ure cmnpli~ with tho ~nLract proTisi,,n~ of Il,is Ordc, r by mcCbods of confcren~, ~mciliatlmt, mMi- [,e~u;t~lon Lel-r~ pr~weedmt~ shall t~ mstatu~cd under Su&.~cfim~ ia)(2) of lifts Section, or I~fore a conmtct shall la~ ean- celeA or ternfi.ah~,l iu whole or in paz~ under Subsection (a)(5) of tiffs St. Tti, n f.r fgilnro of a contractor or sul¢ontr:~r ~ comply with lhe ~,nt ra,'t l,rovi,ions ,,f this Order. ~f{..;ITL Any c.ntm¢~tng agei~cy taking ~y action autho~zed by th~s Sat i-.:..t, whv~her on il~ own m~ion or as di~ded by the S~ro- ar/ of I.alx~r, or under the ~lea ~.1 ~flationa of tho Se~:rolary~ shall pn,~nptly notify the ~cretaD' of such ~%ion. Whenever tho Yoert~sry of LaN~r makes a detomfinn6.n under this a~ion, he shall p;umFtly no:ify lbo approphete contracting %mmyy of tho r~o,mm:ndvd, lira agency shall take such ~:tion and shall ropo~ tha ~.~. la them:,f t,) the St~relary of Labor within such hmo ms Sect( kt~' zh:dl o~r ~11. If tue S{.c~ dry s all m d~met amtrachn~ a~nclts shall net enter ;ute ~ntrac~ with any t. dder or pros~z%lvo contrac~r ual,. s c}.c bl{lt:er or pms~ctlve tmntraetor has satlsaactonly con with t.~e prov~slon3 of t}us O~ler or subml~ a program for contpl ro~q>table o fie ~m:n~ta~ of lmbor or, if the S~retar - ~ authorize, ~ the cent ratting a$~ncy. Sro. Pl~. W};e::over a ~ntracting a~ncy ~nmls or h,nnina~a a contmct, or wheneter a mntr~mr h~ ~n deba~t from fu~hor Government cx~ntmcta, undt~r Section '2:)9(,~)(O) noncom- 1)li;;imo with tho contract p~viaiona with re -ard t,~ nondi~dminttic~ t o S~r~u'y of I~[~r, or tl,o m~tractm~ a.~nc~ i.volv~] ~,~ l)roi q~tly no fy t to (~mpt~ller Genre'al ~ rise Uiii~ S~. x~qy such debarment may ~ reminded }? the ~tary of l~Mr or by the contracting agency which imf.md tho sanction. Svx:. 213. Tho Secretary of Labor mayprovido for is.'manee of ' Uniled Stah~s Government Ce~iilicato of 5refit ~ omploye~ or lair unioos, or other agencies which are or may hereafter ~ en~a~ed in work un,let Government cm~trac~s, if tim Secretary is ~ti~fiea tlmt tho is~mmnel and employment practi,~a of the employer, or that tho personnel, training appmntic*ahip meml~hlp, grievance and mp- ra~,ntatton, upgrading~ ami other pretties andlmhm~ of the union or other agency conform lo the purpo~s and pmrisions of this Qrder. SEC. 914. Any Ce~ificato of Merit may at any time l~ SOSl~ndM or revoked by th~ Secretary nf Later it the holder thereof, b~ tho judgmmt[ of the Socm~ry, hms fail~ ~ comply with tho provisions of this Order. S}:c. 2lb. The Secrt,lary of I~xt,or may provide for Ihe exemption of any employ'er, lal,or union ,,r other agency from an~ ~porting r~llt rcmen[s lmj,o~d under or pursuanl to this Order If SlIC}t ployer, ~abor un,m, or other agency has h'en award~ a (~gifica~ of Merit which has not been suspended or revokt~. PAI~ I[[--NoND~GRIMINATION PnoIqslON8 IN FEDE~I&I S~:c. 301. Each execotlve dcp:trtm~m/ ami al?uey which adminislers a prell'am involving FcderM fin,ncial assistnnce shall r¢~tuire ns the appliqant for l'ederal m~istanco nmlerl:tko and aI~'~, to rn(o~ or cause i~ 1~ incm'poratvd bdo all construction conlrnds paid for m whole or in part whh fumls oblai.~d frmn lhe FedcrM mm~t or h~rrowcd on the credit of the Federal (Iow,rnment pageant pure.ant to any FedcrM program involvi.g s.ch grnni~ coal tact, la~n~ lnsoranee~ or IButran/ee, ~hc provisimm pre~q'ihed for Go;ernment coqtra(~8 by S~fi.n 203 .f this Onlm' or such modificztion thereof, ]~r~ervmg ~n suhs/ance tim conlractor's ol,liga~ions thereunder mq may .a apl[roved by the S ~retary of l~bor, Ict~lter with such additionM ~erov~mps ~m the:q?~ta[y deems appropriate to astablish and ct tho mler¢~/el the Umted Sta~s re.tim enfommnent of lhok~ obli- ga.mm. Each seth apphcan~ shall aim uadertalra ami agree {1) assist and c~qmrate actively with the administering dclm~ment or nhn~ncy and the Secretary of La~r in oMaioing the cmopl[anca of con- tractom and su~'ontractors with tho~ contract provisions and with tho ml~ r%mlations, and relevant ordem of the Secretary (~ to obtMn m d m furmsh to the adnums ermg d6pa~ment or agency and fo ~!~' .g.,q~.hJry -f I.:11.,' such h~f.rllmthm ns Ihey may require ,: ',.. ,~f sm'h conqdi:u.'l,, (:1) to carry out s:mcti.ns ,md deparfmont or a~enev [~Jll'~eant tO I~art I I, Subpaet 1), of this Order, and (-I) to refrain fr.m enlerlng into any cnnlract sabj~.'t conteaclor deh:teeed fr.m (h~vernn..nt contracts uncle l'aet 1I, Sub- part I)~ of ~ s O.h.r. . St:c. :O2 (a) "(~.n~tr.ction conlract" 9Y. n~t?J In this (?der means any contrm~ {~)' the constructlon~ rJ. Jmbllll:ttlon~ aJleratlon omver- sic[n, vxtvn;ioJh or repair of b.ihlings~ highways~ oe olln'r improve- (b) The i.'ov~s.na of Part II -f this Order shall apply h) such co s n ct on conl]':tcta and for purports of slit'h application Ihe rd- ministering del,:Lrtmt'nt or agency sh:dl bo c.nsideJ'ed lira conh'acf)ng agency u, ferred lo Iht.lphL {el Thc tellU "alqdic:nll" its ilSei] ~ll Ihis ()edee ilteltllS :ill aplAicant for l,'e~ 6r t :t~xis CC nr :;~ d.h.rnlini'd by agency re ~.lation, other lr~g'a I pt'loll.tnt, x~ilh rc~pect lo wi.ms an ap~licatim~ for any pri.r to tim .ffcclive d:tle .r this P:ut, and il il.'h.h's Six'. 303. (a) E:u'h administering department and agency shall e r'~ , s , f r .hlail,ing tim c.[zl ~li:u~cl~ of such :L ~ ,licanls ~ith lhclr nnderl:~kings .nder this ()rd.r. l,mch :t(mi~fisl4q'ing dcp:tet- Jnent :tJ.[ :~mmcy i~ din. qc I t,, ,', ,q..ra c wilh Iht St ti'ct:LtV of I.:thor, fbi In Ilu' ex'ertl :H~ :qqdiv;Hd f;lilz and rt'[ll~t's Io ..reply wiH~ his or all of iht. follox~i.g :..Ii,ms: (1) c:uwel, tol-nml:t~e~ or S.Sl,end slu'is ;tlq,ll,':.tt ~,, iH~ Iv-pt', I ~t~ ~l~i,,I, Ihe faih.'~, and I't~fll:;;tl OcClllTvd; u.tk:r the pl'.~l:lm ~ith VeSl.~:L to nhich t}lt~ f:tihtrc -r refusal ~e~'ei~,'d ru,m ~m.h :tpl~lit:mt; :Hid (3) refer tl;e case to Ihe l)epal~- lt.'aL of ,)ust ice f, Jr alq,r,q.'i;tfe leg;tl pt'ocec~lhi~s. (c) Any :~ction ~x iH~ r,'N,.ct m :tn :qq~licant laUd.ant to (b) sh.tll };e lak,'n in ,...f.rmily wilh S.clion 602 of the Civil Righla Act of l:}q;i {:trot he .,gula~i.ns .f thc ;tdntinisi~'rh:~ de[~:lrllnt,nt ugt~ncy i::;.e~ thereunder), to t.he exh,nt applicable, in no or (2) uf Subs~'cli,,n (b} witl.mt noli,:*, and npportunily f*r ear ng p O;' ell , otht'r th:tn req~lirt,nmtil~ mq.~a'd ?tll~Litnt. ~ tiffs Oyqe~', tit, s with ms[~[ to compliance ~and:trck% ~q~0r~ and pr~-~ures would tend :o brin~ the adminismttion of .':',ch req. uit m, .:nt..; into con- f()rmily with the a(lmin[stl'alioli of r('qui~ llelltS tillI (~d dllder this Order: Pro.Mc(l, 'lqmt actium lc :.~ecl complianco by r~iplents of l"ederal tinancial as. si~;l~cnce w;dJ rt~llJl'elllrnl iml.~.l pursuant {o ] ~Cle X I of the (.:vii R~gl~ts A,'( of IJb4 s t I )m htken m confo '1 tv wflh tho prca't~lures andhmitatn.ks pre~:riJs.A in ~ection 602 thereof and tho rcgmlations of Um administering department or agency i~.ed thereunder. ])ART l SEc. 401. Tho S~rofa~ of Lal~r may do egalo to 8 y o~¢ pr, agency, or omploy~ in ?m Executive hran,'h of lira (]overarm. at ney fi or duty of lbo Secmh~ry nnder l'arla I 1 and I 1 [ of lid. ()r~l~r. authority to pronmlga~ rules and regulations of a general mttun~. S~c. 40~. Tho Secretary of Lal~r shall pr. vide administrativo sup- ~,ort for tho ox~ution of lhe pro.ram known aa tho "Plans for 1072B (AulDistb, Hi57)..10925 (March6 1961) 11114 (lul022 and 11162 (.h,ly 2S. lin;4 , a,'e a,r. hy Sltlmr~[ffh.d ar.I fha (',otnniitteg~ on J':oual l'mqdovn,cnt Oppnrhmilv m;laldial v ~:uttv0 O;',Jer N,,. ~n: ~'.5 is In,r~by al o1[ bed A recor Is an( pro~mrty in t i~e cust.d v o { Ihe (,.nmitl;,e shall }~ trans femsl to tho Civil Servi~ (~mnnll~lon itl I .} o Se :n~tary of Lzlmr, aa appropria~. (h) Nothin~ in this ()r,hsr shall I~ demn.d to relie~o arty pe~on of a~}' -bi, ~ation ~,s~-:.rned or i.,po~d ander or [ ~Jrs~ ant t~ any ?ye O.n.r s.p~ded by Hals Order. All r.les, re~..lati.ns, o 'de~. mst, rmt.ms, dt.:~gnahon~, and nther dire,'tives i~sm.d by ~1~ Pmsi- il rlt s ( o Z ] tee .n , ~ I,rll[)lo~'ln,.ll/ ()[)p0etunlfy an(I tho:,~ issued all) of the l'.x.~Jltlv(~ oeders S.l,,.-~.d,.,I j~y lifts ()r,h~r, shaH, t. tim ,,xlent H.LI they nm not inconslstant with tJ~i~ Order, remain in fall soded orders shall Ia~ deemed to JaN references to the comparflblo provi- sions of Hlis Onh.r. 8t:0. 40L The (h. mral Services AdminislrnHm s mil take appropfi ah) action fo revi~e Hm standard Government c,,ntr:.'t rOI'IllS It) accord with tho provisions of Utis Order ~nd of tho ndm anti n>g~lations t h() Secretary of Lal~r. S)~. 405. This O~er shall ~me off~ti~o thi~y dgya afar tho' :llt~ of this Order. Trig WH~ I [ous~, ~'eptem6cr ~ COORDINATION IIY ATI'ORI'4gY GENERAL E×ecutive Order 11.2.17 [3O F,IL 12327] ]']Nt',IIiI'I;SI'r;NT t~r Tri'I.E VI of Till'; CIVil. ~Vl,ol',';,~ lit,, ]),'l):trlnlpnl-; :lin! al~('n,'ics of the Fc(hq':d (lm'crnnwnl, VI .f Ih. Ciril Ill.his A('t of 196.1 :t~.]~ in c(~,lnq':tlhm wflh Iht ]'r..i,h,nl's ('mtm:il -n J.~qual ()).)rlm,ily h:tve vmb:tr~e(l on a · mrdilt'~Icd ~roq-.ml(fen~)".lc~ ofThel)r vsaTsoff ti q I1[I, ~11 Iq, Iraqi.mm:mil) h.~al m charm'lOl nmi m many i..l~s will I...'lahM lo iu,I;,'ial ,,n [.rcmm,nl ;and Whvrva~ Ihe Allormw Gem'ral is lhe chief law ollh'er ol lhe Federal Gov~.rmm.m ami is ch:h'ged Mlh Ihe duly of enfo'rcing lhe law~ of lhe I 'nilc,I Now, theref,,n,, by virtue of thc aullmrity vesled in me as P,'e;idenl, of the I:nil,.d SI:ties by the Cous6l,,lion ami laws of th~ Ilnildd St~-ri,,~ I. The AllOllleV General sh:dl a;sist l%dvral deparlmenls and :~m.-ies lo ,'.,a,lin:fl~ Iheir i.',~grams and m'GvilM~ and 1o llw enf. r~mm, nl .[ Tillc VI ~f lbo Civil llighls Acl of 196t. lla '. Each I"~,,I.ral ,h. lmrlmenl, ami agency shall COOl..tale wilh .... ~m7 th,m,ral in Ihe l~erformancc of hls functions mulet lhis (mh,r ami shall furnish him such repoas and informalion as h~ may ~quest. ~:. 3. Effecllve 30 days from tho d~le of Ihis Onh~r~ Execulivo f)r&r N-. 11197 of Fel~rm~ry 5~ 1965~ is rovoked. ~ucts n~rds of Ihe P:'e~ids.nl's Cmmcil m~ Equal ()lq.~unily ~s nl:ty perlain ~ th~ en [or,'t,n;plll of Tillo VI .f I lit. Civil Ri~h~s'Aet of 191;1 sh:dl lm Iran+ fern'd Iolhe AIIorntsy I h, mq al. ~:c. I. All ruh% reffulations~ m'dc~ instructions, dt~i~ntttion~ and other dinu'lire~ i~m'd by Ibc lhv~idenl'~ Council on IC~ ual O tunity n' al ng to tim l.j, vlncllhrl on Of F t c VI of the Civi Rig revoked or ;uta.~edml I,y directives of lho Attorney LY~)~ B. ,lon~'som A'eptcmbcr ~$, 1965. DEPARTMENT OF LABOR Office of Federal Contract Compliance Programs NEW FORMAT FOR FEDERAL EQUAL EMPLOYMENT OPPORTUNITY BID CONDITIONS FOR FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION NOTICE OnAprll 3, 1975, there was published in the FEDERAL REGISTER (40 FR 14953) a notice and opportunity For comment concerning the intention of the Department of' Labor toadopt New Model Federal EEO Bid Conditions For inclusion in Federal and federally assisted construction contracts and subcontracts in selected areas. The following Model Federal. EGO Bid Conditions are issued to carry out the purposes of Executive Order 11246, as amended. The Model Federal EEO Bid Conditions reflect. changes which were made as a result of comments received on the proposed Model Federal EEO Bid Conditions. The comments received were equally distributed between those Favorable and unfavorable. In general those favorable Felt that deletion of the Bidders' Certification w[ll eliminate undue and costly delays resulting From contractors and subcon- tractors being declared nonresponsive because of their failure to fill in a form correctly. Those opposed to elimination of the Bidders' Certification Felt that a pre-award certifi- cation is essential in establishing the contractors' and subcontractors' commitment to afFir- mative action. The Department has carefully considered all the comments and has determined that the format developed in the new Model Federal EEO Bid Conditions adequately apprises pro- specltve contractors and subcontractors, prior to bid opening, of the importance of the Federal affirmative action requirements and is compatible with procurement pr;nciples. Under Comptroller General opinions and the decisions in Northeast Construction Company v. Romney, 485 F. 2d 752 (D.C. Cir. 1973) and Rossetti Contracting Company v. Brennan, 508 F. 2d 1039 (7th Cir. 1975), the Failure of a bidder to specify its goals For minority employment as required by imposed plans or the failure of a bidder to complete and submit a Bidder' Certification Form as required by the Bid Conditions in hometown plan areas requires the contracting agency to declare the bid non-responsive. This has caused the loss of hundreds of thousands of dollars because defective Iow bids were discarded in favor of the new Iow bid. The orlg]nal reason For requiring the submission of a properly executed Bidders' Certifi- cation was that it was thought to be helpful in informing contractors of their obligations and eliminated inattentive bidders. However, it is now an opinion that contractors are rea- sonably aware of their EEO obligations so as to obviate the need for certification. Therefore, the amendment of the Bid Conditions would climinate the signature and fill-ln-the-blank requirements. Instead, the Federal EEO Bid Conditions clearly notify prospective bidders CD-10 C that they will be committed to the goals contained therein by submitting a properly signed bid. This amendment does not diminish the goverment's enforcement abTllty or applicable EEO requirements yet permits contracting agencies to award contracts to the lowest responsive and responsible bidder. It is for this reason that the new Model Federal EEO Bid Conditions make the af- firmative action requirements binding on all bidders who submit signed bids. Accordingly, effective September 1, 1976, all contracting and adm[nlster]ng agencies are directed to adopt the new Model. Federal EEO Bid Conditions for inclusion in all future invitations for bids on all non-exempt Federal and federally assisted construction contracts and subcontracts awarded in areas covered by hometowr~ plans (Part I) and Part II EFO requirements. Further, all other forms of Federal EEO Bid Conditions containing hometown plans and Part II EEO Bid Condition requirements now in use for such areas are not to be in- cluded in Invitations for Bid after adoption of the new Model Federal EEO Bid Con- dltlons. This new format has been coordinated through the Office of Federal Procurement Policy of the Office of Management and Budget in accordance with P.L. 93-400, the Office of Federal Procurement Policy Act. Set forth below are the new Model Federal EEO Bid Condlt~ons: CD-11 BID CONDITIONS AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY For all Non-Exemp~ Federal and Federally- Assisted Construct[on Contracts to be Awarded in (NASSAU AND SUFFOLK COUNTIES, NEW YORK) NOTICE EACH BIDDER, CONTRACTOR OR SUBCONTRACTOR (HEREINAFTER THE'CON- TRACTOR) MUST FULLY COMPLY WITH EITHER PART I OR PART 11, AS APPLICABLE, OF THESE BID CONDITIONS AS TO EACH CONSTRUCTION TRADE IT INTENDS TO USE ON THIS CONSTRUCTION CONTRACT AND ALL OTHER CONSTRUCTION WORK (BOTH FEDERAL AND NON-FEDERAL) IN THE NASSAU - SUFFOLK AREA DURING THE PERFORMANCE OF THIS CONTRACT OR SUBCONTRACT. THE CONTRACTOR COMMITS ITSELF TO THE GOALS FOR MINORITY MANPOWER UTILIZATION IN EITHER PART I OR PART II, AS APPLICABLE, AND ALL OTHER REQUIREMENTS, TERMS AND CONDITIONS OF THESE BID CONDITIONS BY SUBMITTING A PRO- PERLY SIGNED BID. THE CONTRACTOR SHALL APPOINT A COMPANY EXECUTIVE TO ASSUME THE RESPONSIBILITY FOR THE IMPLEMENTATION OF THE REQUIREMENTS, TERMS AND CONDITIONS OF THESE BID CONDITIONS. Part h The provisions of this Part I apply to contractors which are party to collective bargaining agreements with labor organizations which together have agreed to the NASSAU - SUFFOLK Area Construction Program (hereinafter the NASSAU - SUFFOLK Plan) for equal opportunity and have jointly made a commitment to specific goals of minority and, where applicable, female utilization. The NASSAU - SUFFOLK Plan is a tripartite voluntary agreement between (CONTRACTORS, UNIONS, & MINORITY COM- MUNITIES). The NASSAU-SUFFOLK Plan, together with all implementing agreements that have been and may hereafter be developed pursuant thereto~ are incorporated herein by reference. Any contractor using one or more trades of construction employees must comply with either Part I or Part II of these Bid Conditions as to each such ~'rade. A con~racFor may CD-12 therefore be in compliance with Part I of these Bid Conditions by its participation wffh the labor organization which represent its employees in the NASSAU-SUFFOLK Plan as to one trade provided there is set forth in the NASSAU-SUFFOLK Plan a specific com- mltment by both the contractor and the labor organ~zaHon to a goal of minority utili- zation for that trade. Contractors using trades which are not covered by Part I (See Part II, Section A) must comply with the commitments contained in Part II including goals for minorities and female utilization set forth in Part II. If a contractor does not comply with the requirements of these Bid Conditions, it shall be subject to the provisions of Part II. Part II: A. Coverage. The provisions of this Part II shall be applicable to those contractors who: 1. Are not or hereafter cease to be signatories fo the NASSAU-SUFFOLK Plan incorporated by reference in Part I hereof; 2, Are signatories to the NASSAU-SUFFOLK Plan but are parties to collective bargaln[ng agreements; 3. Are signatories to the NASSAU-SUfFOLK Plan but are parties to collective bargaining agreements with labor organizations which are not or hereafter cease to be signatories to the NASSAU-SUFFOLK Plan' 4. Are signatories to the NASSAU-SUFFOLK Plan and are parties to collective bargaining agreements with labor organizations but the two have not jointly executed a specific commitment to goals for minority utilization and incorporated the commit- ment in the NASSAU-SUFFOLK Plan;: or 5. Are participating in a affirmative action plan which is no longer acceptable to the Director~ OFCCP, including the NASSAU-SUFFOLK Plan. 6. Are signatories to the NASSAU-SUFFOLK Plan but are parties to collective bargaining agreements with labor organizations which together have failed to make a good faith effort to comply with their obligations under the NASSAU-SUFFOLK Plan and, as a result~ have been placed under Part II of the Bid Conditions by the Office of Federal Contract Compliance Programs. CD-13 B. Requirement -- An Affirmative Action Plan. Contractors described in para- graphs 1 through 6 above shall be subject to the provisions and requirements of Part II of these Bid Conditions including the goals and timetables for mlnorltyl_/ utlJlza- tJon, and specific affirmative acflon steps set forth in Sections B.1 and 2 of this Part Ih The contractor's commitment to the goals for minority utilization as required by this Part II constitutes a commitment that it will make every good faith effort to meet such goals. 1. Goals and Timetables. The goals of minority utilization required of the con- tractor are applicable to each trade used by the contractor in the NASSAU-SUFFOLK Plan area and which Js not otherwise bound by the provisions of Part I. For all such trades the following goals and timetables shall be applicable. Goals For Minority Utilization Until (1/1/74) (6.0% - 8.0%) From ( ) to ( ) From ( ) to ( ) From ( ) to ( ) From ( ) to ( ) The goals of minority and female utilization above are expressed in terms of hours of training and employment as a proportion of the total number of hours to be worked by the contractor's aggregate work forcer which includes all supervisory personnel, in each trade on all proiects (both Federal and non-Federal) in the NASSAU-SUFFOLK Plan area during the performance of its contract (i.e., the period beginning with the First day of work on the Federal or Federally assisted construction contract and ending with the last day of work). The hours of minority employment and training must be substantially uniform throughout the length of the contract in each trade and minorities must be employed evenly on each of the contractor's projects. Therefore, the transfer of minority employees or trainees I_/ "Minority" is defined as including Blacks, Spanish Surnamed Americans, Orientals and American Indians, and includes both minority men and minority wome n. 2._/ In the event that any work which is subject to these Bid Conditions is per- formed in a year later than the latest year for which goals of minority utilization have been established, the goals For the last year of the Bid Condit~ons will be applicable to such work. CD-14 From contractor to contractor or From project-to-project For the purpose oF meeting the contractor's goals shall be a violation oF Part II oF these Bid Condlfions. IF the contractor counts the nonwork~ng hours oF trainees and apprenHces in meeting the contractor's goals, such trainees and apprentices must be employed by the contractor during the training period; the contractor must have make a commitment to employ the trainees and apprentices at the completion oF their training subject to the ava~labillty oF employment opportunities; and the trainees must be trained pursuant to training pro- grams approved by the Bureau of Apprenticeship and Training for "Federal Purposes" or approved as supplementing the NASSAU-SUFFOLK Plan. 2. SpeciFic AFfirmative Action...Steps. No contractor shall be found to be in noncompliance with Executive Order 1'1246, as amended, solely on account of its failure to meet its goals, but shall be given art opportunity to demonstrate that the contractor has instituted alt the specific affirmative action steps spec~fled ~n this Part II and has made every good faith eFFort to make these steps work toward the attainment of its goals within the timetables, all to the purpose of expanding minority utilization in its ag- gregate work Force in the NASSAU-SUFFOLK Plan area. A contractor subiect to Part 1 which Fails to comply with its obligations under the Equal Opportunity clause oF its contract (including failure fo meet its Fair share obligation iF provided in the NASSAU- SUFFOLK Plan)or subject fo Part II which fails to achieve its commitments to the goals for minority utilization has the burden of proving that it has engaged in a affirmative action program directed at ~ncreasing mlnoHty utilization and that such efforts were at least as extensive and as specific as the Following: a. The contractor should have notified minority organizations when employ- menf opportunities were available and should have maintained records of the organizations' response. b. The contractor should have maintained a file of the names and addresses oF each minority referred fo it by any individual or organization and what action was taken with respect to each such referred individual, and iF the individual was not employed by the contractor the reasons therefor. If such individual was sent to the union hiring hall For referral and not referred back by the union or if referred, not employed by the contractor, the file should have documented this and the reasons therefor. c. The contractor should have promptly notified the contracting or admin- istering agency and the OFFice o[ Federal Contract Compliance Programs when the union or unions with which the contractor has collective bargaining agreements did not refer to the contractor a minority sent by the contractor or when the contractor had other inFor- mation that the union referral process has impeded efforts to meet its goals. CD-15 d. The contractor should have disseminated its EEO policy within its organization by including it in any employee handbook or policy manual; by publicizing it in com- pany newspapers and annual reports, and by advertising such policy at reasonable intervals in union publJcatlons. The EEO policy should be Further disseminated by conducting staff meetings to explain and discuss the policy; by posting of the policy; and by review of the policy with minority employees. e. The contractor should have disseminated its EEO policy externally by informing and discussing it with all recruitment sources; by advertising in news media, specifi- cally including minority news media and by notifying and discussing it with all subcon- tractors. f. The contractor should have made both specific and reasonably recurrent written and oral recruitment efforts. Such efforts should have been directed at minority organ- izations, schools with substantial minority enrollment, and minority recruitment and training organizations within the contractor's recruitment area. g. The contractor should have evidence available for inspection that all tests and other selection techniques used to select from among candlates for hire,, transfer, promo- tion, training or retention are being used in a manner that does not violate the OFCCP Testing Guidelines in 41 CFR Part 60-3. h. The contractor where reasonable should have developed on-the-job training opportunities and participated and assisted in all Department of Labor funded and/or approved training programs relevant to the contractor's employee needs consistent with its obligations under this Part II. i. The contractor should have made sure that seniority practices and job class- ifications do not have a discriminatory effect. j. The contractor should have made certian that all facilities were not segregated by race. k. The contractor should have continually monTtored all personnel activities to ensure that its EEO policy was being carried out including the evaluation of minority employees For promotional opportunities on quarterly basis and the encouragement of such employees to seek those opportunities. I. The contractor should have solicited bids For subcontractors from available minority subcontracts engaged in the trades covered by these Bid Conditions, including circulation of minority contractor associations. NOTE: The Assistant Regional Administrator of the OFfice of Federal Contract Comp--p'~a~ce Programs and the compliance agency staff will provide technical assistance on questions pertaining to minority recruitment sources, minority community organizations and minority news media upon receipt of a request For assistance From a contractor. CD-16 3. Subsequent Signatory to the NASSAU-SUFFOLK Plan. Contractors that are subject to the requirements of Part II at the time of the submission of their blds which, together wlth labor orgenlzatlons wJth whJch they have collective bargaining agreements, subsequently become signatory to the NASSAU-SUFFOLK Plan, either individually or through an association, will be deemed bound to their commitments to the NASSAU- SUFFOLK Plan from that tlme until and unless they once again become subject to the requirements of Part II pursuant to Section A. 1-6. 4. Non-discrimination. In no event may a contractor utilize the goals and affirmative action steps required by this Part 11 in such a manner as to cause or result in discrimination against any person on account of race, color, religion, sex or national origin. Part II1: Co_m_pliance and Enforcement. In oil cases, the compliance of a contractor will be determined in accordance with its obligations under the terms of these Bid Conditions. Therefore, contractors who are governed by the provisions of either Part I or Part II shall be subject to the requirements of that Part regardless of the obligations of its prime contractor or lower tier subcontractors. All contractors performing or to perform work on projects subject to these Bid Con- ditions hereby agree to inform their s'~bcontractors in writing of their respective obliga- tions under the terms and requirements of these Bid Conditions, including the provisions relaHng to goals of minority employment and training. A. Contractors Subject to Part 1. 1. A contractor covered by Part I of these Bid Conditions shall be in compliance with Executive Order 11246, as amended, the implementing regulations and its obligations under Part I, provided the contractor together with the labor organization or organizations with which it has a collective bargaining agreement meet the goals For minority utillza- tion to which they committed themselves solely responsible For any final determination of that question and the consequences thereof. 3. Where OFCCP finds that a contractor has Failed to comply with the requirements of the NASSAU-SUFFOLK Plan and its obligations under Part I of these Bid Conditions, if shall take such action and/or impose such sanctions as may be appropriate under the Executive Order and its regulations. When the OFCCP proceeds w;th such Formal action it has the burden of proving that the contractor has not met requirements of these Bid Conditions. The failure of the contractor to comply with its obligations under the Equal Opportunity clause shall shift to it the requirement to come Forward with evidence to show that it has met the good Faith requirements of these Bid C.onditionsTbY instituting at least the specific affirmative action steps listed in Part tl, Sechon 2. he contractor must also provide evidence of its steps toward the attainment of' its trade's goals within the timetables set Forth in the NASSAU-SUFFOLK Plan. The pendency of such formal CD-17 proceedings shall be taken i nfo consideration by Federal agencies in determining whether such contractor can comply w]th the requirements of Executive Order 11246~ as amendedt as is theresCore a "responsible prospective contractor" within the meaning of basic principles of Fedeal procurement law, B. Contractors Subject to Part II . In regard to Part II of these Bid Conditions, if the contractor meets the goals in the NASSAU-SUFFOLK Plan, or can demonstrate that every good faith effort has been make to meet the goal. In that event, no formal sanctions or proceedings leading toward sanctions shall be instituted unless the Office of Federal Contract Compliance Programs determines that the contractor has violated a substantial requirement Tn the NASSAU-SUFFOLK Plan or Executive Order 11246, as amended, and its implementing regulations, including the t:ailure of such contractor to make a good faith effort to meet frs fair share obligation if provided in the NASSAU- SUFFOLK Plan or has engaged in unlawful discrimination. Such violations shall be deemed to be noncompliance with the Equal Opportunity clause of the contract, and shall be grounds for opposltiomo[ the scantlons and penalties for in Executive Order 11246, as amended. 2. The OFCCP shall review Part I contractors' employment practices during the performance of the contract. Further, OFCCP shall be solely responsible For any final determination that the NASSAU-SUFFOLK Plan is no longer an acceptable firmative action program and the consequences thereof. The OFCCP may, upon re- view and notice to the contractor and any affected labor organlzation~ determine that the NASSAU-SUFFOLK Plan no longer represents effective affirmative action. In that event it shall be set forth therein or can demonstrate that it has made every good faith effort to meet these goals, the contractor shall be presumed to be in com- pliance with Executive Order 11246, as amended, the implementing regulations and its obligations under Part II of these Bid Conditions. In that event, no formal sanctions or proceedings leading toward sanctions shall be instituted unless the contracting or administering agency otherwise determines that the contractor is violating the Equal Opportunity clause. Where the agency finds that the contractor failed to comply with the require- ments of Executive Order 11246, as amended,the implementing regulations and the obligations under Part II of these Bid Conditions, the agency shall take such action and impose such sanctions, which include suspension, termination, cancellation, and debarment, as may be appropriate under the Executive Order and its regulations. When the agency proceeds with such formal action it has the burden of proving that the contractor has not met the .qoals contained in Part II of these Bid Conditions. The contractor's failure to meet its goals shall shift to it the requirement to come forward with evidence to show that it has met the good faith requirements of these Bid Condlt~ons by instituting at least the specific affirmative action steps listed in Part I1, Section 2. The pendency of such proceeding shall be taken into consideration by Federal agencies in determining whether such contractor can comply with the requirements of Executive Order 11246, as amended, and is therefore a "Respon- slble prospective contractor" within the meaning of the basic pr~nclples of Federal procurement law. CD-18 C. Obligations Applicable to Contractors Subject to Either Part I or Part I1. It shall be no excuse that the union with which the contractor has a collective ber~ gaining agreement providing for exclusive referral failed to refer mlnorlty employees. Discrlmlnatlon in referral for employment, even if pursuant to provisions of a collective bargaining agreement,is prohibited by the National Labor Relations Act, as amended, a~nd. Title VII of the Civil Rights Act of 1964, as amended. It is the policy of the Office of Federal Contract Compliance Programs that contractors have a responsibility to provide equal employment opportunity if they wish to participate in federally in- volved contracts. To the extent they have delegated the responsibility for some of thelr employment practices to a labor organization and, as a result, are prevented from meeting their obligations pursuant to ExecutlveOrder 11246, as amended, such contractors cannot be considered to be in compliance with Executive Order 11246, as amended, its implementing rules and regulations. Part IV: General Requirements. Contractors are responsible for informing their subcontractors in writing, regardless of tier, as fo fhelr respective obligations under Parts I and II hereof, as applicable. Whenever a contractor subcontracts a portion of work in any trade covered by these Bid Conditions, it shall include these Bid Conditions in such subcontracts and each subcontractor shall be bound by these Bid Conditions to the full extent as if it were the prime contractor. The contractor shall not, however, be held accountable for the failure of its subcontractors to fulfill their obligations under these Bid Conditions. However, the prime contractor shall give notice to the Assistant Regional Adm~nlstrator of the Office of Federal Contract Compliance Programs of the Department of Labor and to the contracting or administering agency of any refusal or failure of any subcontractor to fulfill its obligations under these Bid Conditions. A subcontractor's failure to comply w~ll be treated in the same manner as such failure by a prime contractor. 2. Contractors hereby agree to refrain from entering into any contract or con- tract modification subject to Executive Order 11246, as amended, with a contractor debarred from, or who is determined not to be a "responsible" bidder for Government contracts and Federally-assisted construction contracts pursuant to the Executive Order. 3. The contractor shall carry out such sanctions and penalties for violation of these Bid Conditions and the Equal Opportunity clause including suspension, termination and cancellation of existing subcontracts and department from future contracts as may be imposed or ordered pursuant of Executive Order 11246, as amended, and its implementing regulations by the contracting or administering agency and the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalltes shall also be deemed to be in noncomplicane with these Bid Conditions and Executive Order 11246, as amended. 4. Nothing herein is intended to relieve any contractor during the term of its contract from compliance with Executive Order 11246, as amendedt and the Equal Opportunity clause of its contract with respect to matters not covered in the NASSAU- SUFFOLK Plan or in Part II of these Bid Conditions. CD-19 C The procedures set forth in these Bid Conditions shall not apply to any contract which the head of the contracting or admlnlster]ng agency determines is essential to the national security and its award without following such procedures is necessary to the national security. Upon making such a determination, the agency head will noilly, in writing, the Director of the Office of Federal Contract Compl]ance Programs within thirty days. 6. Requests for exemptions from these Bid Conditions must be made, in writing, with justification, to the Director, Office of Federal Contract Compliance Programs, U.S. Department of Labor, Washington~ D.C. 20210, and shall be forwarded through and with the endorsement of the head of the contracting or administering agency. 7. Contractors must keep such records and file such reports relating to the provisions o£ these Bid Conditions as shall be required by the contracting or admin- istering agency or the Office of Federal Contract Compliance Programs. CD-20 n i. [ckup truck bed ~hen assigned Forklift operators moving moving over 35 tons (double hookup) -t 1.50 1.50 1.85 1.53 .!,6 ./~o 't 1.?i J .~ , :~ 1.47 1.95 1.30 .235 .55 1.40 2.00 (29 ¢~i ~.~ (a) (1) (ii)). ~/;fc~Day; B-Memorial Day; C-Independence Day; D-Labor Pay; E-Thanksgiving Day; F-Christmas Day. d. £r?loycr ccntrlbutc~ $8.09 per day to ~nnuity Fund. wQrks a full 9 day on the working day ii!mediately preceeding fcllowinQ th2 holiday. J. Paid ~ioliday: ½ day's pay for Labor Day. Eml;!oyer contributes $5.00 per day bo an Annuity Fund. Krpioyer contributes $~.00 per day to a Security Fund. I I 11.73 8%.25 2.00 a .15 11,355 8% .25 2.00 & .1~ 12.555 8% .25 2.00 a .1~ 12.805 85 .25 2.00 a .1~ 13.055 S% ,25 2.00 a 13.305 8% .25 2.00 a ,15 ~.055 8% .25 2.00 a .!5 12.48 8% .25 2.00 a .15 !2.27 ] g~ .25 2.C0 a .15 12.73 ! 2.00 2.00 a .15 .~5 11.905 8%+.25 2,00 2.00 2.00 .25 14.76 .90 1.50 .02 13.80 .55 1.25 \ ;13.66 .60 .99 .02 ' 13.65 ,55 1.57 15.74 .55 1.75 REPORTS, RECORDS DATA Following forms must be completed by the Contractor: 1) 2) 4) 5) Form 257 - Monthly Utilization ~port HUD 1421 - Contractors Certification HUD 1422 - Sub-Contractors Certification WH-347 - Weekly Payroll Reporting Form Contractors Statement of Compliance CD-25 15, PAYEOLLS A~j) ~.,qIC PA~0LL P~CORDS OF CO~.~T~ ~ ~30~CTO~ ~e Contr~oto~. ~nd e~h r~ubc~t~oto~ skil p~ar~ his .. on forms s~tisf~to~ to and ~n ~coz~ce with ~tr~tion~ to ~shed by the ~ca! ~bllc f~n~ ~r ~iic ~dy. The Contractor ~l ~b~t weekly to t~ ~c~ ~bl!c ~g~ncy or ih~blic ~ two oe~ifto& copies of ~l p~lls of the Contractor ~d of the ~bcon- tritons, it bede =~rs~ood t~t Zhs Contractor s~] ] be ~onsible for the ~b~ssion of copies of p~lls of ~! ~bcon~acto~. ~ch ~ch pa~oll s)~l conta~ the "~feekly Statement of Co.lilacs" sot~ fo~h Lu Section 3.3 of Title 29, Code of Fc~leral Regu~14tions. ~lls ~d basic p~ll ~comds of the Cont~.ctor and each ~bcon- tractor cover~ ~l labours amd m~cb~.uics e=oloyed upon the covo~d by l~s Contract s~l be ~ts.~od d~r~ the course of the wo~k s=~d p~se~ed for a period of 3 ye~o hh~.~a~t~z, ~.~ch p~lls smd bessie p~oll r~cords ~ ,~.11 con~u tls r~e ~d ~($~ss of each c-a~.~i~c~o~on, rate of l>a.y (Lnclu~mg rates co., .ibt.tioz,~ or costs mu'sici~sted of tho types described Ln Section deductions ~de, ~d actu~ w~s paid. In '~' ' Set,rotary of ~bor )~ f~d ~de= SectiOn ~.~(a)(1)(iv) of Title 29, Code of Feder~ SenSations, tbzt tbs wsges of ~- ls. bo~r or mech~c Luclude the ~o~ of a~v costs rea.so=~bly ~ticipated ~ orovid~k; benefits onder a pl~ or pro~mm described in Section 1.(b)~2)(B) of the . Davia-~con Act, the Contractor or ~bcontractor skall ~ta~ z~cor~ ~ch show t~t tbs commitzznt to p~vide such benefits is t~t the plsn or p~s~ is f~ci~ly ~sponsi'~e, ~d t~t the pl~ or p~ h~ be~ c~cated ~ ~it~g to the laborers or mect~lcs ~fectod, and ~co~s which ~ow the costs ~ticipated or the act~ · cost ~c;~sd Lu p~vi~9 such benefits. The Ccntractor ~ud each ~boontractor s!~l =~:e ~s employment ~co~s ~,ith ;~spect to persons emplo;,~ed by h~ upon tho work coYezmd by this Contract av~ls, ble for ~ection by authorl:5ea rop~sentativc~s of the 2scret~- of Hous~g Urb~ D2velo)~m~nt, tho ~c~. ~blic /~ncy or ~blic ~, and the United States ~p~tment of L~bor. ~ch ~o~sentatives o~l be permitted to ~tezu~tew employees of the Contracto~ o: of ~ subcontractor work~ ho~s on the job.. CD-26 NYAO!FHEO OMB Approval No. 44-R13q6 Reporting Period STANDARD FORM - 257 MONTHLY EMPLOYMENT (Month, Year) (Aug. 1976) UTILIZATION REPORT As prescribed by the Dept~ o£ Labor {OFCCP) (S~ reverse for lnstruction~) This report is required by Executive Order 11246~ Section 203. Failure to report can result in sanctions which include suspension, termination, cancellations or debarment of ~9ntract. TO: (Name and location of Compliance Agency) From: (Name and location Of contractor) Earle Fisher, Contract Compliance Officer FHEO Division Dept. of Housing & Urban Developmemt 26 Federal plaza, 34th Floor Namm & Address of Project: New York, N.Y. 10007 1. ~. 3. ~. ~ 5. 6. ~lassiJ a. b. * c. , I d. , e. ~ ~.~. w/h of minorityEmpby- Ap Ir C Ap Tr C Ap Tr C C Ap Tr C Ap Tr C Ap Tr C Tr Tr C Tr A~ Tr (* Males & Females *-* Minorities & non-minorities) CD-27 Page __ of INSTRUCTIONS FOR FILING EMPLOYMENT UTILIZATION REPORT [SF-257) The Employment Utilization Report is to be completed by each subject contractor (both prime and subcontractors) and signed by a responsible official of the company. The reports are to be filed on the day required, each month, during the term of the contract, and they shall include the total work-hours worked for each employee level in each designated trade for the entire reporting period. The prime contractor shall submit a report for its aggregate work force and shall collect and submit reports for each subcontractor's aggregate work force to the Federal Compliance Agency that is funding their construction p~oject. Reporting Period ....... Self-explanatory. Complianoe Agency . . U. S. Government contracting or adminis- tering agency responsible for equal employ- ment opportunity on the project. Contractor . Any contractor who has a construction con- tract with the U. $. Goverrm~nt or a!~piican~ (See OFCCP Regs. 60-1.3). 1. Company's Name . . . ~ ,~. Any contractor or subcontractor who has a federally involved contract. 2. Trade . . Only those crafts covered under applicable Federal EEO bid conditions. 3. Work-hours of Employment . . · The total number of hours worked by all employees in each classification; the total number of hours worked by each *minority group in each classification and the total work-hours for all women. Classlfication . . . The level of accomplishment or status of the worker in the trade. (C = Craftworker - Qualified, Ap = Apprentice, Tr = Trainee) 4. Percent of minority work- hours of total work-hours The perce!~tage of toro! ml,nrity wnr~-bnurs worked of all work-hours worked. (The sum of columns b, c, d and e divided by column a.) 5. Total Number of minority empioyee~ ..... Number of minority employees working in contractor's aggregate work force during reporting period. 6. Total Number of Employees .... Number of all employees working in con- tractor'a aggregate work force during reporting period. * Minority is defined as including Blacks, Hispanics, American Indians and Asian and Pacific Islanders - both men an3 women. C D.-28 U.$, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO (4ppropria~e R~.cipient): o~Te 1. The undersigned, having executed a contract with ,for the construction of the above-identified project, acknowledges that: (a) The Labor Standards provisions are included in the aforesaid contract; (b) Correction of any infractions of the aforesaid conditions, including infractions by any o~ his subcontractors and any tower tier subcootractors, is his responsibility; 2. He certifies that: (a) Neither he nor any firm, partnership o,' association in which he has substantial interest :s designated as an ineligible contractor by the Comptro}ler General of the United States pursuant to Section S.6(b) af the Regulations of the Secretary of Labor, Part S (29 CFi. ?art Sj or purauant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.$.C. 276a-2(a)). (b) No part of the aforementioned contract has been or will be subcontracted to any subconuactor if such sub- contractor o~ any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulator)' or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by his subcontzactors and any lower tier subcontractors, a Subcontractor's Certification Concerning Labor SLaadatds and Prevailing Wage Requirements executed by the subcontractors. 4. He certifies that: (a) The legal name and the business address of the undersigned are: (h) The undersigned is: (c) The name, title and address of the owner, partners or officers of the undersigned are: C'D -29 (d) The names and addresses of all other persons, both naturat and corporate, having a substantial interest in the undersigned, and the nature of the interest are (If no, e, so sm~e~: (e) The names, addresses and trade classifications of all other building construction a substantial interest ara ~[fno~e ~a~e~: contractors in whiten the undersigned has C WARNING c'.$. CrLmtna]. Code, Section [0[0, 'Title IS, U.$.C., provides in part: "Whoeve.- ..... makes, passes, u~ters or publishes any s[a[emen~, knowin~ the same to be t'aise ..... shah be ~!ned ~o[ more than S5,000 o~ [mprtsoned r~o[ more ~han [wa years, or both." CD-30 TO { 4[,propriate Recipient): COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS 1. The undersigned having executed a contract with fo[ in the amount of $ in the construction of the above-identified project, certifies that: (a) The Labor Standards Provisions of The Contract For Construction are included in the aforesaid contract. · (b) Neither he nor any firm, corporation, partnership or association in which he has a substantial interest is designated as an ineligible contractor by the Comptroller General of the United Shale~ pursuani toSectiou 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, ['art 5), re'pursuant to Section 3(a) of the Davis- Bacon Act, as amended (40 U.$.C,~ 276a-2(a)), (c) 'No part of the aforementioned contract has been or trill be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to the aforesaid regulatory or statutory provisions. 2. He agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten days after the execution of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Require- ments, executed by the lower tier subcontractor, in duplicate. (a) The wmkmen will report [or duty on or about 3. He certifies fhot: (o) The [egoJ nome and the business od&ess o[ the undersigned ore: (b) The undersigned is: (c) Thc nome,'fitJe and address of the owner, partners or o[flcers ~f the undersigned ore: .CD-31 'The no.'n,:s and oddfcsses of all other persons, both natural and corporate, having o substantial interest Jn the undersigned, and Ihe nature of the intcresl arc (I/none. so ~ute): (e) 'The names, odc~resses and trade c~assiflcations of oil other building construction contraclors in which the undersignecl has o substantial interest ore (l[none, so $~.le): (T)ped .'~amc and T~le) .WARNING CD-32 ! ' from the full (4) Th&t: {c) EXCEPTIONS } - U.S. DEPARTMr-!dI' OF ~AIROR WAGE AND HOUR DIVISION IHSTRUCTIO[tS FOR COgPL£TING PAYROLL FOR!,I, W11-341 I'~te: Project No: Location: STAT~M22~ OF COMPLL~;CE .Training, Ru..plo?n. ent, ~.nd Contracting C~ortLunitie s f~or Businesses aha Lower income Persons Ae The project assisted u.uder ?JmAm~(g~:ji~-~.~l-~.~_~_.~_nt) is subject to the requirem~uts of section 3 of the Housing and Urban Development Act of 1968, as s.mended, 12 U.S,C. 1701u. Section 3 re,u/res that to the greatest extent feasible opportunities for training'and ~moloym. en*. be given lower income residents of the project area ~d contract4 for work in ccr~nection with the project be a'~L~ded to business concerns which are located in or owned in substs-nti~l pa~ by persons residin~ in the s.rea of the project. ~t~thstanding any other provision of this (contrzct)(agreemen~), the (applicant)(rec~o~ont -_-. ) shall carry out the provisions of said section 3 and the regulations issued ou--suant %hereto by the Secretary set forth in 24 C:-R Part 135 (oubiish~d mn' 38 Federal R~g_st~.= ~ o~ 29220, October 2~,_ 197~), and all applicable rules and order of the Secretary issued there~uder .ri to the execution of this (contract)(agreement). The recuirauents of said regulations include but are no~ !im_t~_~ ~ ~ to develon..ent and~1' ~r~a' ~ ..... of an aff ...... ~e action ~±au for ~,~1~-~ ~ business ~o.,c .... s !coated .... or o;ued in substantial =~ ~ bv . .~r- oersons residing in the area of the project; thc =mkinE o£ a good Z'ai~ effort, as defined by. th~._ re~-~ations, to .....~- training, er.o!o~en~,. . a~ud 'cue, ~--os op~o_t~n_t_~s~ ~" ~ ~o resulted by sec=ion 0:~ incorporation of the sec._on 3 clause" enos!fled by Section _~p. ( / cf the regulations in all ~+ .... co, .... ~s for work in connection -~&th the orojec=. The (applicant)(recipien~) certifies aud agrees that it is under ~o con- tractual or other disability which ~uld prevent it from complying with these requirements. Compliance with the p~visions of ~ection 3, the re~ulation~ set forth in 24 CFR Part !B5, and all applicable rules and orders of the Secretary izcued thereunder prior to approval by the Governm~ent of the ano!ication for ~his (agree~zent)(contract), shall be a condition of the Federal financial assls=- ance provided to the project, binding upon the (applicant)(recipient), its Successors ~ud assigns. Yai!~e ~o :%zlfill these requirements shall subjec~ t~° (ap?l.ican~)(recip~%~, ~t~ ~n~ors ~nd sub?~ntract~o it~ ~usaesscr~ ~d assig~.s to the sanctions specified by this (a~reemen%)(con~rac~), and 5o . such sanctions as are specified by 24 CFR Section!~p.l~v.=' ~= Company N~me: Add,ess:. Ol~£icial Signature h%'AO- EO: GEd/rcs 6-1~-7~ 'CD-36 ~pea/Frinuea i REGULATIONS PROCEDURE FOR PREDETERMINATION OF WAGE RATES UNITED STATES DEPARTMENT OF LABOR Pa~e 1 o:~ :32 CD-38 6500 Title 29 LABOR 9,/*?5 Pa~ 2 of 32 CD-39 Page 3 of ~2. CD-40 Pa~e 4 of ~ CD-41 21141 pa~ 5 cf 32 9,/75 CD-42 6500.3 ~ '~:.1~~. ~ 9/75 P~e 6 of 32 ~rAbit 6 REGULATIONS PAYMENT AND REPORTING OF WAGES CoN'rI~CTORS ~ SUBCOS~P..ACTO]i~ ON PUBLIC BUIIiDINC. AND PUBLIC WO1LI[ AND ON BUILDING AND W01L~, FINA.N't'~.n IN wi:tOLE OR IN PART BY LOANS OR' GRANTS FROM ThU~ UNiTEd) STATE~ Pa~ 7 of 32 9/75 CD -44 r~500.3 Title 29 LABOR Subtitle .~_ Office of the ~cretary of Labor PART 3--CONTRACTORS AND SUBCONTRACTORS 0~q PUBLIC BUILDIi'i'G OR PUBLIC~ WOR~ FINA.N'C~'D ~ WHOL~ OR I'N PART BY LOANS OR ~R~NTS FROM THE uI~rrED STATES Pa,~e 8 o:~ 32 CD-45 6500.3 ~x~ibit Title 29--Labor Sobtttle A---Offic~ of the Secretary of eervic~g tnd msmt~n~nc~ work. Th~ terms ~d i~m~n~ of a]l ty~ ~ ~ br~d~ (b) ~ ~ ~'~" 'p~on, done on · ~cu~ b~l~ or ~rk ~ ~ ~ ~, ~ci~ ~ d~, the ~- ~f~i~ or ~i~ of ~ ~- Mg or ~, by ~ ~pl~ ~ ~ ~ by (c) ~e ~ "~ubl~ ~il~' or (3) P .aqe 9 of 32 9/75 CD-46 6500. form on the back of ~ 347, "Pmyr~tl ( For Cnn- crac~r~ Optional U~e)" or on ~y fo~ wi~ idea- ~i~l wo~. S~ple ~pi~ of ~ ~7 ~d ~n~ or s~ ~y, and ~pi~ of ~g ~ ~on ~ Su~!~ou of w~ly ~ bufldi~ or ~ or, it ~ b ~ ~i~ of a F~I or S~ ~ ~ zim~ ~e tim~ ~ a F~eml or S~ ~y ~ f~ or ~ci~ t~ beil~ or w~k AP~ ~ ~- a~ioa ~ ~ ~ ~y ~ m~ ~h ~- p~i~ by ~e Un~ S~ ~M, of p~s ~ ~y ~7mH ~ for * ~ ~ 9/75 Page 10 of 32 CD -47 flor inspa~ion by the eo.tn~dng o~eer or his ~Chorimd r~pr~sentative, and by authod~ ~ntativ~ of t~ ~nt of ~r. ~fion ~ ~11 d~ucflo~ ~out app~n ~ or lpp~l of the r~l? or indirectly, by the eent,-'~sc~r or sub~x~- tr~'~or or ~y ~s~ ~ M ~e f~n of ~mi~o~ ~vidend, or ~m; ~d (4) ~ of the ~mplo~ Bonds when vol,~r~ly su~o~ by ~e (fl Any d~uai~ ~u~ by ~s ~ploy~ ~ in c~it unions o~ ind o~t~ in ~o~- ~ 516.~ (~) of th~ g~ ~sll ~ ~ Page 11 of 32 9/75 CD-~8 (b) Tha deduction i~ not otherwise prohibited (¢) The deduction is either (1) voluntarily con. seated ta by the employee in wrltin~ sad in ~d- vlaee o1' the p~-'.od in vhich the ,,ork is ta be doee (il) pro~ided ~r in · ~ lide eolleetiw bee~in- (d) The deduction servel the eonw-~ ~nd (b) The application need not icleutity th~ 6 in the pco~i~°r~ of § 3.~, The dirmihoa ~h~li be from whose wsi,~ the p~ ~u~ .~M ~on~ Ac~n~~r Pa~e 12 of 32 6500.1 5b~q.t:~i~ 6 "ANTI-KICKBACK" ACT, COPELA.ND ACT TITL~ 18, ~r, ~ p~ d~l from ~plo~ or by ~y t~n or m~ir of ~y public buildi~, 'public ~r~ or ~ilding ~ ~ by 1~ or ~ ~m the Uni~ S~ ~11 ~ ~ n~ ~ ~m t~ fi~ y~ or ~th.' ~c. T~, eft. ~p~ 1, 1~) ~pl~ ~* four prior ~ i~ ~ by ~ 8~t. ~, ~ff. ~pt. 1, ~LE ~ U~.C. (~ ~d~) ~ ~ of ~ ~1 ~e ~le ~st~ ~ ~ ~ ~ ~ p~ution, ~mpletion or ~r of pu51~ bufld~ public wor~ or buildings or works ~n~nc~i in whole or ia part by ]c~us or gr~nts f~0m the Unit~l St~tm, ciudiz~ · provision th~t each oonCr~ctor *nc[ ~ub- original Act wu ~Im~i .-~J.- ~tally wi~ its sh·ll be o~ervzd by the~ a~ncie$, ~nd c~u~e to pa~ 13 of 32 9/75 CD -50 6500.3 REGULATIONS LABOR STANDARDS PROVISIONS DAVIS.BACON AND RELATED ACTS CONTRACT WORK HOURS STAaN-DARD~ ACT of July 10. 1968, th~ d,t~ ~ rcpriat w~ lutl~a'i~d.] UNITED STATES DEPARTMENT OF LABOR /Fage and H~ur ond P~//~ Con~s D/v/sim W.t.Sa~C. TON, D.C..~o pa~e 14 of.32 CD-51 Title 29--LABOR Subtitle A--Office of the Secretary of Labor PART 5.--LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY FINANCED AND A~- SISTED CONSTRUCTION (ALSO LABOR STANDARDS PROVI- SIONS APPLICABL~ TO NON-CONSTRUCTION CONTRACTS SUBJECT TO THE CONTRACT WORK HOURS STANDARDS 9/75 P~%'e 15 of 32 CD -52 tidn &nd enforcement of the labor st&utl~l~ pr~ 3'ioions of each of th~ following a~ts by the Federtl · u~ ~o~ ~u~ ~ ~7 ~ ~ ~ ~a Subgart A--General ih) ,5~xi~ ~.,3 ~i ~.~, ~ ~* ~ ~n ~ ~o~ c) ~ ~ ~App~~ ~ ~ who p~ip p~ ~ ~du~ ~ ~ ~ p~ ~r ~ · S~ A~ ~p ~cy vhi& ~ ~ by ~ B~ ~e o~ d~on and ~y ~u~ d~o~ ~e uM of ~e w~ d~n~on ~a~ ~ I~ 16 of 32 9/75 CD:-53 I6500.3 1 -.~xn.i,~a~ ~ 6 within the scope of th~ labor s~andards provisions of any of the aet~ listed in ~d/~ ~psir, including p~inting ~nd of · public build~ or public work, or building or work ~ ~ whola or in p~ ~ F~I ~ or in ~rd~ ~ ~a~ of a Fed- e~l a~ncy or ~ ~m ~ ~ by pl~ of any ~t~ of a Fed~l pi~ wha~ w~y~ l~h~ou~, buoy~ ~bili~tion ~d ~w~ion of pl~ i~i drilling, bl~n~, ~v~i~ ~l~g~, and I~d~ppi~. Th~ ~u~u~ or ~mi~in~ ( w~her or n~ · FMa~ or ni~ ~,' or o~ tM m~ed~ in ~ p~ ~ ~nd~ d~ in ~he fo~i~ ~n~ or ~d~r (h) The ~ "public boildi~ or "p~blic (i) Every. pem~n ,paid ~ · ~n~r or ~b- (}) The ~ "FM~ ~cy' ~ ~e ~y of ~e to~ ~en~ (k) ~e ~ ~' (~d ~ ~lar ~) the m~g p~ ~ ~i~ 1 (b) ot ~ (s)(1) ~e F~e~l .~cy ~1 mitimlly ~- Pa~e 17 of 32 CD-54 Page 18 of 32 CD-55 6500.3 (i) The Agony H~t sh~ll c~um or t'~quirs, t~ b~ in~e~l in filll in ~ny contr~c~ ~ubject to the 9/75 P~q~ 19 of 32 CD-56 ' 6500.3 ~h~bit 6 Pa~e 20 of 32 CD -57 6500 '1 (c) Th~ Agency Head shall c~us~ or r~tuir~ the following clauses ~ io~h in ~b~pM (1}, {~), (3), and (41 of this pa~ph ~ ~ mclud~ Work Hou~ ~nd~ X~ As u~ in ~h~ pi~- ~ph,,~ ~ "la~" ~d ~i~" in- only ~o the wi~holding and de~rrn~n~ion of smnz for liqui~ d~ (e) ~ ~y com~t subj~.~ly m t~ Cont~ Wo~ H~m S~d~ds Act ~d n~ ~ ~y of the ~ ~u~ ci~ in ~ b.1, ~ A~cy H~ ~ or ~ ~ ~ ir~ · cl~ ~ui~ p~ (~) (3) iii) (f) In ~ mbj~ ~ ~ipn 803 o~ the 9/75 Pag~ 21 of ~2 L CD -58 i 6500.3 (~) The Agency Head ~hs, ll iurnish to ~e who l~vs be~n f~und ~ have d~ t~ir ~duc~ by ~ ~ or ~e ~t of (~r ~ ~ ~B~ Aa), ~ h~ ~m- ~ hsve ~ ~1 ~), ot ~ ~ ~d m~ m~ ~ th~ ~y ~ou ~1~ Page 22 of 32 CD-59 6500.3 . I --~%t 6 -' d~C~Uon which ch~ll b~ s~lwscl by r~g~zt~d or may ~t omi ~en; ~ u~ ~ ob~t~ p~n~ ~d ~11 ~ude ~ ~ of (i) ~ ~d~ ~d ~clu- ~sio~ ~ ~e p~i~ ~ d~on for 10 In the latter ¢~e, the inveztigtting ~ncy shall ~r of ~rkem who ~ ~itu~on. liqmd~ ~ under t 5.8. FM~tly-F~ ~d ~ ~. ~in~, ~e name ~d add~ of ~e ~r or m~nt~r, if ~y, who is ~ ~pl~ the Page 23 cf 32 CD-60 -2xh./.b.~t 6 11 sions of tho Co~ra~t Work Hours Stand~x& Act no~with~t~uding the exercise of due ~ upon ~s eS~ to ~ ~m~. ~is del~ton of ~u- Work H~ S~d~ A~ and h~ ~n/o~d W ~ ~ ~d pm~r m ~ ~Mic m~e~ tor or ~y su~u~r m ~ply wi~ ~1 ~ch time ~ ~e vio~o~ ~ or ~1 ~a~ ~ ~ ~h~d ~ (t) Thru A~ H~ ~y, in ~h'lt to ~ ~ ~ p~ for ~y d~on. Pa~ 24 of ~ CD-61 6500 ~it 12 ~ec$iou ~,11 Department of Labor inv~sti~a. tions, heariflgs. (~l The Sec~o. of L~bor -~sl] caus~ to be made such inve~ig'a~/ons ~ he aeerns r~-~r.v, by the Head of ~u %,ency for zn appmprist~ jus~cnent in liquid~Ied d~s ~ under the Con~ra~ Work Houm Standards A.c~. Federal plicar~s or owners shell coopera~ with ~uy Labor in the i~spection of record% in with worke~ ~d in *11 ~ ~ of the in- t~ ov~ ~d~ ~ui~ b7 ~e ~n~ of ~ion 1~(~) of ~ A~ A m~ of the inv~on of su~ ~p~vo ~I ~ t~ (b) In the evmt of dN~ ~m~ the ~io~ whi~ in~l~e s~nt ~ of m~e h~d. For the ~ of ~e h~r~ ~on em~ng hN ~ ~nd m~us~ ~e h~ =min~% dm~ion ~ ~ ~ition for m~ew of the d~i~ou bi the ~lici~r of ~r is ~1~ by ~y ~ pmi~ in qu~m- pli~ with ~e ~ef H~ri~ gx~in~, Uni~ for review and the record which shell include the exs. rniner's de'sion then ~all ~ mmlfi~ by Cqe h~h~ ~ner m the ~licimr of ~r, ~iti~er my fih a bNei (ordinal ~nd !our day ~ ~d ~y in~ ~y a~ wnom m~y ~thin 10 d~ a~r ~ ~pi~on of the aminer's d~ision. ~ ~ciWr of ~r's d~i- d~oa. ~7 of ~ ~ li~ m ~ ~.1 ~dl ~ mfe~ p~. The mlm~ ~d tn~ ~11 ~ ~u~ori~ve ~d ~ und~ ~ D~vm.B~n A~ ~ ~ mli~ u~n ~ ~vid~ for in 10 ~ ~ Po~l-~ A~ of 1~ ~99 Y.~C. ~). ~ ~ ~h ~1~ ~ in~- emp~o~ f~m P~ 1 ~d 3 of t~ ~fitle ~d ~io~ ~m ~ ~ w~eve~ he ~n~ ~ ~eh ~ion ~ inju~ ~d undue ~p. Wo~ Ho~ g~dar~ (s) ~. U~n his own imti~ive or u~n page 25 of 32 CD-62 6500.3 Exhibit 6 13 the request of ~ny Federal ~,ency, the Secretary o{ Labor nl~y provide under section 105 of the sorghun~ soybea~ rlax~ed, nc~ naval smr~, (2) Sales of surplu~ power by the Tenneeme T Ial~nd; Eniwetok Atoll Kwajaleia Atoll; John- ¢zn Island; and the Canal Zou~ (c) To/co.aces. (1) The "b~ic ra~ of pay" under szction. 102 of the Contract Work Hour~ Standards Ac~ may be computed ~ ~n hourly (2) Concerning the tolerznc~ provided in paragraph (1) of this p*ragraph, the prov~onz of ~ctioa ?(e)(2} of ~ F~= ~ ~ (3) See § 5.$(c) provid~g · ~olerance sabdele- (4) (i) Time zpen; m an organimi pm~-~m of Act of (8) (t) ~h~ and ~t~ o~r ~ ~n- bi~ ~ ~ ~ ~ eff~ by ~ ~ve~. (5) Con~ work ~o~ in · wor~la~ mechanics ~nployed under bona fide &ppr~ntic~- ship programs may be excluded from workin~ if the criteria pr~ecnbed in sulediv/si~as (/i) (iii) (ii) The app~tic~ com*~ within th~ de,nit, ion comained in § 5'~(c). (iiil The ¢ime in question do~ not revolve pm- duc~ive work or performance et the apprealice's regular du~i~. (d) Fa~/aZ/o~. (1) In order to prevent undue hardship, a workday cor~m~mg of a fixed and recurring 24-hour period commencing st the sam~ time on each calendar day may be used in lieu of the calender day m &pplying the daily overtime provisions of the Act to the eraployment ot fir~ fighters or fireguatds, under the following condi- tions: (it Whets platoon system requiring such employ~ w vemsan s~ or within the Page 26 of 12 CD -63 C 14 ~xc~s of eigh~ hours per d~y in · s~ndby or on-c~ll dsy ~ ~ ~ u~u ~tw~ ~e ~plo~r ~d ~uch ~ploy~ or ~ir *u~ofiz~ p~d~ ~hs~ m defining ~e ~ly ~d the c~lend~r dsy differ~t fr~m the hour when tach ~ ~ur ~sy ~ ~ hour' ~r~ in ~ of 8 h~ in ~ny ~ ~ur d~y ~1 ~ m~ ia ~ ~li~ wo~ (of ~ hou~~~w~) in w~ ~ hou~ ~ ~ly ~ Subpart B---Interpretation of the Pringe Benefits of the Davis-Bacon Act 'Section 5.20 Scope *.nd sl~ii~ae ~ this subpart. Th~ 195t a~nendrae.,~ (l~h. I~w S8-3~) to ~.b f~ly-~ ~ hourly ~ ~bu~ by ~h~ ~ ~r ~ ~ ~d m~ rosy ~ ~i~ u~n ~ pmvid~ for m ~ 10 of the po~-Po~ A~ of 1~7 (~ U.~C. ~9). The omi~on to d~ s ~ p~l~ ~y ~i~ion by provision~ of the misted statutes ~ in § lA of this subtitle confer upon ~ the suthoeit? to p~det~ni~ mspondin~ clsm~ o! labours ~ ~rk ~ ~ ~ ~ w~ ~ ~o~. ~ ~p~ ~ ~ ~ o~ ~ ~y by ~ud~ CD-64 i 15 5.24 The ba~c ho~ly rats *f p~. ~n~b~oa or ~ ot ~ ~ ~y ~ d~u~ in t~ mbp~ pa~e 28 cf ~ CD-65 6500.3 (~ee i (b) (2) (B) of the a~). The i~,~lmd~e his- wry s~g~ ~ha~ du~ provisions w~ ~m~ on ~u~on and ~r~ H. ~,~ ~., ~ ~,p.~.) ~ion ~ · ~ll~ un~ phn ~1~: (1) I~ ~uld ~ ~1~ ~p{ z p~ l~ly ~; dbl~ p~ g p~; ~d (4) ~ pl~ or p~ ~ p. ~.) (~) l{ ~ in ~* m{~r ~ ~ ~ p~fid~ fo~ ~ ~mid~lon of ~d~ pl~ o~ p~ ho~v~, th~m ~ p~ion ~ ~ ~ p~y~l~ ~d{r ~* ~ ~ u~ pl~ ~ib~li~ ~fl ~ p~ ~ {~id ~pli~ ~i~ ~ ~, ~ ~ No. 14 o{ I~0, m~y ~ ~ ~r or ~d~r ~und ~{d~ p~4pl~ {~1 ~ m~ th~ ~ obl~on ~der ~ pl~. ~n~ ~ould, o{ ~u~ *~ ~ ~$~]. ($. ~p. ~'o. ~, p. 8.) ~ ~ ~pl~ by ~e ~n- ~al p~om ~ui~ by ~'~.S(~) (1) (iv). 16 S~ctfon ~ S~cl~c fring~u which th* C~ ~nmd~ to ~ ~mmon ~n p~ti~p or ~r ~fl~r p~ or ~ ~h ~ ~). 9/75 P,~a 29 of 32 CD-66 6500 v,l ot ~ Secretary of L~bor under (iv). (s) Wi~re the plan is not of th~ conventional c},~ de~crit~i in th~ p~ p~ph, k wilt ~ ~ und~ ~ ~.~(~) (1) (iv). m~'s ~i~ ~ ~r ~ 17 ....................................... & ~i .1{ ~9. lO $0. ~0 .................... h'c~wofk, m~ ................................... · ~0 ..................... iO .................... S~on 5.31 Meeting w~e det~r~t~t:ion ob. page ~0 of 32 9/75 CD=67 ~500.3 ...I ~ ~n~ ~n hour ~r ~; or (~) By p~ying n~ 1~ ~ ~ ~c hourly ~ntributions for "~a~ ~" ~m ~ui~ b~ ~ w~ d~ For by ~e ~ of a ~i~t ~ ~rly ~ of ~ ~n~; or (3) By ~ ~ ~ q~ ~ For ~mpl~ ~1~ ~o~ ~ ~ (~.~ ~ h~ (1) ~ ~ a ~h (~) ~e ~or or ~r may mm~ w~ ~li~ns ~r ~ ~ of (1) ~ (3) o~pk ~p~ ~ obl~o~ for ~. or ~ ~r ~n~ ~ ~ (~ ~ ~ly ~ ~10 ~ ~ ~d ~ ~ p*~or ~ ~d ~ ~ ~ ~or~ f~ ~ fr~n~ th* lei'isl~iv~ bi~ory ~e ~lar or ~ic ~ u~n which p~ium .~rly ~ (i,m ~ ~) ~d~ l(b)(1) ~ by ~p~ ~s ~l~ ~ ~ic ~ u~n wh~ ov~ (~) ~1~ ~ ~ (d)(4) of ~ F~ ~d~ ~ F~ o~ ~h (a). For ---~1~ (x) The ~c~ excludes smovmr, s p~id by · con~c- · ~ would ~ ~mpu~ on z ~ar or ~c m~ ~r o~ sumner for ~ ~ ~ ~e ~- of ~ ~ h~r. Howev~, ~ ~e ~ · qu~ ~ of ove~ ~d~ ~ F~r ~r S~d- of f~t m~y ~ p~ ~ ~*i.i.~ whirr ~ A~ ~ ~ Work Hou~ S~ A~ or not a ~ ~t m~ ~ ~ ~ me- ~d ~W~-H~ey ~c ~ A~ wh~- ~i~ h ~us~y ~ l~u of a ~ ~t or is a~r ~ ov~ pm~ o~ ~y of ~ ~- ~ply pa~ of ~eir ~might ~me ~ w~ In ~ apply ~n~t]y ~ ~ D~B~n A~ 1.**.. ~tu~ion, ~e ~ p~t ~ n~ ~cludsble Page 33. of 32 CD-68 6500.3 ~hit 6 lg . ~lmplea sec forth in subp&r~r~ph~ (2) ~nd (3) ot Chis l~r~r~ph, (2) T~e X co~on ~nt~r h~ for ~e f$) Under tM ~e pmw~ w~ d~. l(b)(~)(B) ~ $1 ~ hour, ~ ~ ~pls ~s Page ~2 of ~2 CD -69 6500.3 U. S. Depa---'t'm~,,t of Housing and llcban Development ~ ~Ject or ~ to w~ the wo~ cove~d by ~s Contract pe~4~ ia be~ ~sisted By ~e U~ted States of ~=ica ~d t~ foll~S Fede~ ~bor St~ ~visi~s ~ ~cluded ~ Con~t ~t to ~ p~visions ~pplicable to ~ ~e~r~ ~sist- ti~ is~e~ by ~ Sec~t~ of ~r, U~ted States ~p~t of ~1 ~t ~ at ~ of ~nt c~ted at w~ ~tes ~t less Sec~ of ~bo= (a copy of w~ is att~h~ ~d ~ ~o~ora~d ~lc~r p~vi~es or se~s aatisf~to~ f~llities appeal ~ ~e cost or e~e~e to ~ ~lo~e. ~r ~ ~ae of ~s ~e, (2) of ~ ~s-~ Act on ~f of 1~o~ or ~b-~cs ~ c~ide~d w~s p~d to ~ l~rs or ~cs, ~bJect to ti~ ~- or costs ~d for ~ e~ ~ ~e~ly period ,,~er pl~, period. In case of underpayment of wa~es by the Contr~t0r or by subcontx-actor to laborers or meo~cs employed by the Contractor or subcontractor upon the work covered by th/s Contract, the Local Public Agency or Public ~od~ in a~d/tion to such other rights as nm~ be afford- ed it u~r this Contract shall withhold 'from the Contm~ctor, out of .an~ payments due the Contractor, so much thereof ~s the Local Public Pa~,e i of 13 CD-70 6500.3 Ex~bi t 14 Agency or Public Body may consider necessary ~o pay such iabo~ers or mechanics the full amount of wa~ee required by this Contras=. The amou~ut so wit~-held ma~ be disbursed b)~ the Local Public Agency or Public Body~ for and on account of the Contracto.~ or the subc~ut~ac=or (as may be appropriate), to the respective laborers or mechauics to whom =he same is due or on their behalf =o plans, funds, or programs for any type of fring~ benefit prescribed Lu the applicable wage dete~mination. ~. A~"PICIPATED COSTS OF F~E If the Contractor does not ma~e payments =o a ~Astee or other third person, he may consider as part of the wa~ee of any laborer or mechanic the ~mount of auy costs reasonably anticipated Lu fr~ benefits under a plan or prog~~am of a type expressly listed in the wa~e determination decision of the Secretary of Labor which is a part of this Contract: Provided, however, The Secretary of La, or found, upon the w~itten request of the Contacts=, that the ~p~licable st~ds of the Davts-~on Act have been met. The Secretary of Labor may require the Contractor to set Aside in a separate account assets for the meeting of obligations under the plan or programs, A copy cf any findiugs made by the Secretary of Labor in respect to frin~ benefits being provided by the Contractor must be su~tted to ~ Lo~ Public Agency or Public Body with the first paoli filed by the subsequent to receipt of the 5. OV~u~L~E COh~,.',~ATION ~-~UI~ED ~ CO~i~ACT WO~K RU~RS AND STA~S ACT (76 Stat. 3~7-360: 21tlc 40 U.S.C., Sections 327- (a) OvertLme requirements. No Contractor or subcontractor sontractiug for any part of the Contz~ct wozk which may requJ-~e involve the employment of laborers or mechanics, Luclu~t~g watchmen and ~mvvls, shall reqm,~e or permit an~ laborer or me~-b~ntc in any work-week in which he is employed on such womk to womk in excess of hours in any calendar day or in excess of 40 house in such womk week unless such laborer or mechanic receives compensation at a rate mot less than one and one-b~l f times his basic rate of pay for all houx~ worked in excess of 8 hours in any calenda~ day o= in excess of 40 hou-~ in such work week, as the Case may be, (b) Violation: liability for unpaid w ,a~es liquidated In the even~ of any violation of the clause set forth in pa~aph (a), the Contractor amd any subcontractor responsible therefor .hall be liable to any affected employee for his unpaid wages. Ia a~tion, such Contractor and subcontractor -~1 be liable to the United States for liquidated ~m~ges. Such l'iquidated 8am~s shall be oemputed with respect to each individual laborer or me-h--~c employed Lu vlolati~ of th~ clause set forth in para~ph (a),' in the sum of $10 for each calendar day on which such employee was requ3-rsd or pezmitted to work Page 2 of .9/75 CD-71 6500.3 1 ~d~ibi t 14 in excess of 8 hours or in excess of the standard workweek of ~0 hours without payment of the overt~.~ wa6~s required by the clause set forth in ~h (a). (c) _Withhold/n~ for liquidated a-m- ,~s. The Local Public Agency or public ~od~ shall withhold or cause to be' withheld, from an~ moneys parable on account of work performed by the Contractor or ~ubcontr~ctor, such ~.,~.. as ma~ ~m~stratively be ~eterm~d to be necessary to satisf~ amy liabilities of ~.=n~ ¢ont~tor or ~=bcontracto= for liqui- dated .damages a~ px~vid~d in the clause set forth in paragm~ph (b). (d) Subcontracts. The Cont~tor ~1 ~-e~ ~ ~ ~bcont=ac~s ~ ~so a clue ~q~ ~e ~bc~t=~to~ to ~cl~ these clauses ~ ~ !~er tier ~t~ts w~ ~ey ~ ~:~ ~to, mouther with ~. ~p~tices w~l ~ pe~tted to ~rk a~ less t~ the p~de- te~ed ~ate for ~e wo~ ~hey pe=fo~d wh~ ~ey ~ em- plo~d ~d ~vid~ ~giste~d ~ a bo~ fide app~ntice- ~P P~ ~giste~d with ~ U. S. ~p~m of ~bo=, o= wi~ a State App~tice~p ~cy ~co~med by the ~au, a u=a~e App~tmce~p ~ (w~ a~priate) ~o be ~li~ble for p~batio~ e~lo~t ~ ~ app~tice. ~e ~low~:le ~tio of a~tices %o J~ ~ ~ cr~ classi- fication ~1 not ~ ~ater ~ ~ r&tio pe~tte~ ~o t~ P~. ~ ~lo~e listed on a p~ll at ~ app~n%ice w~ ~te, w~ is not ~ t~ee ~ ~ef~ed ~ ~vision (b) of %~s ~ph or is no~ ~giste~ or othe~ise e~lo~d ~ stated ahoy, =b-~l be p~ the w~ rate ~te~ed by the Sec~t~ of ~bor for t~ classlfica~lon of wo~ he perform. .~ c~%r~tor Page 3 of 13 CD-72 6500.3 E~nibit 14 fu~n/sh to the contracting officer or a representative of the Wage-Hour Division of the U. S. Departmen~ of Labor written evidence of the registration of his program ar.d apprentices as well as the apprOpriate r~tios and wage rates (expressed in percentages of the joumneyman .hourly rates), for the area of constmuction prior to using any apprcntices on the contract work. The wa~e ~te paid apprentices shall be not lees than the apprOpriate percentage of the journeyman's rate contaLued in the applicable wa~e determination. Tr~ees. Except as provided in 29 CFR 5.15 tra/r, ees will not be permitted to work at less than t. he predetermined rate fmr the work performed ,ml ems they ams employed pumsuant to end inclividually registered in a program which has received prior approval, evidenced by formal certification, by the U. S. Department of Labor, Manpower A~m~nistration, Bureau of Appren- tice and Tr*~ug. The ratio of trainees to journeymen shall not be gu-eater than permitted under the plan approved by the Bua~au of Ap/~enticeahip and Tr-~i~. Every traiuee must be paid at not less tb-~ the rate specified in the approved pre- gram for his level of prOgress. Any enployee listed on the payroll at a tratnee rmte who is not registered and partici- pattie in a trs/~ plan approved by the Bu.~au of Appren~xce- ship and Tra/nlng ~ 1 be paid not less thau the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to fumniah the contracting officer or a repre- sentative of the Wage-Hour Division of the U. S. Department of Labor written evidence of the certification of his prOgram, the registx~tion of the tra/nees, and the ratios and wag~ rates prescribed in t~t prOgram. In the event the Bureau of Apprenticeship and Tr-~$ withzh~ws approval of a tra~.u- ~ prcgram, the contractor will no longer be permitted ~o utilize tre.tnees at less thau the applicable predeterm/.ued rate for ~he work perfozmed until an acceptable prOgram is approved. E~ual Emplo,yment Opportur. it~. The utilization of apprentices, tr~ees and journeymen under this pa_-t sb~ll be Lu conformity with the equal employment opportunity requ/rements of Executive Order 112~6, as amended, and 29 CFR Part 30. Page 4 of 13 9/75 CD-73 EMPLO~LME~ OF CE~2A~ PE2S0~\~S PROEIBIT~ Exhibit 14 No person under the age of sixmeen y~are aud no nerson w~o, at ~he time, is servir~g sentence Lu a pe~l or co~c~io~ ~stl~tlon ~l be ~loyed on the wo~k cove~d by t~s Contact. ~ ~, ~ ~ 8. ~TI0~ ~ TO SO~ "~I~ ACT" The Contractor s~l co~ly with the applicable ~atio~ (a copy of w~ch is attached ~d he~Lu ~co~o~ted by ~fe~nce) of the Sec~t~ of ~bor, U~ted States ~p~ment of ~bor, ~e p~t to ~e s~led "~ti-Ki~back Act" of J~e 13, 1934 (48 Stat. 9~8:62 S~at. 862; Timie U.S.C., Section 87~: ~d Title ~0 U.S.C., Section 276c), ~d ~ ~en~ents or mo~fic~tions the~of, ~ll ca~e app~priate p~visio~ to be ~se~ed ~ ~bcont~c~s to ~ co~li~ce the~with by ~! ~bcon~c~ors ~bject t~o, ~d ~1 ~ ~spo~ible for the ~b~ssion of affi~vits ~q~d by ~bcon%~to~ ~der, excep~ ~ s~d Se~%~ of ~bor ~ specific~ly p~de for ~ble 2~tations, v~tlons, toler~ces, ~ ~ ~m t~ ~q~- men=s the~of. ~ - - 9. ~2~PLOYMENT 0F LABORERS OR MECEA~IC$ NOT LIS~ IN AFORESAID WAGE DETE~A~TION DECISION Ar~v class of laborers or mechanics which is not listed in the wage dete~m~-uation and which is to be employed under the Contracz will be classified or reclassified confoz-mably ~o the wag~ determt--tion by the Local Public Agency or Public Body, and a ~eport of the action taken ~ha~l be submitted by the Local Public Agency or ~h~blic Bod~, through the Secreta_Wy of Housing and Urban Development, to the Sedretary of Labor, United States Department of Labor. In ~he event the inte~es~ed parties canno~ a~ee on the proper classificatic~ or ~eclassificatio~ of a particula~ class of laborers and meeh-~cs ~o be used, the question accompanied by the recom~endation of the Local Public Agency or Public Body shall be referred, through the Secretary of Housing and Urban Development, to the Secretaz-y of Labor for ff~1 determt~.tion' 10. FR.~I~E BE~,:~'£TS NOT EXPRESSED AS HOURLY WAGE RATES ...... The Local Public Agency or Public Body sh~ll ~quire, whenever th~ min,.mum wage rate prescribed in the Contracm for a oiass of laborers or mechanics includes a fringe benefit which is not exmressed as an houzly wag~ ra~e and the Cont~actor is obligated to pay cash equivalent of such a fr~-ge benefit, an hourly cash equivalent thereof to be established. In the event the interested p~.rties cannot ael~ee UPon a cash equivalent of the. fringe benefit, the question, accompanied by the reco~endation of the Local l~ablic Agency or Public Body, shall be referre~, throu~ the Secretary of Eous~ and UrbAn Development, to the Seoretazy of~ Labor for determ/nation. Page 5 of 13 9/75 CD -74 6500.3 I E~%ibit 14 POSTIN~ WAGE T,~,'~tiHATION ]IE~ISION~ AND ab'£'a0R~ z~:~, WA~E I~EUUCTION~ The applicable wa6~ poster of the:Secretary of Labor, United States Depa~-t~ent .of Labor, ~ the applicable wa~e detezmination decisions of said Secretary of Labor with respeqt to the vamious classification of laborers and me~-~cs employed -~ to be employed upon the work covered by this Contract, and a statement show~ ail deductions, if any, in a~cor~-~ce with the provisions of this Contract, to be made f~om wa~es act..~-lly ea--ned by persons so employed or to be employed in such classi- ficatio~-, ~b.ll be posted at appropriate conspicuous points at the site of the wozk. No laborer or mechanic ~o whom the wage, saiary, or other labor standards provisions of th/s Contra~t are applicable shall be dis~ged Or ~ ~ other .mm. er ~Lisortmt~ted a~at by the Contractor o~ any subcontrmctor because such employee has filed au.v comp2af~t or instituted o= c~,~ed to be instituted any proceeding or has testified or is about to testify in en~ proceedJ_~g ,rm4er or relatizg to the labor standamis appli- cable under this Contract to his employer. \ 13. CTm?3~.AND DIS/~T~.~.pER~A~G TO WAGE Ol~tmn and disputes pert~f~f~g to wa~e rates or to classifications of laborers and me~.~os employed upon the wozk covered by t~s Contact ~.11 be p~t~ ~ed ~ ~ O~t~tor ~ ~it~ to ~ ~c~ ~blic ~cy or ~hlic ~ for ~fe~ ~y ~ latter ~ ~e Sec~%~ of H~ ~d U=~ ~l~t to ~e ~ec~%~ of ~bor, U~ted Sta~s ~p~t of ~r, ~se ~cisi~ -~-~l be f~ with ~s~ct t~to-. All questions amising under this Contract which relate to the ~plication. or interpretatien of (a) the aforesaid Antl-Kickb~-k Act, ) the Contract Work House an~ Safety S~ Act, (c) the aforesaid Davis-Baco~ Act, (d) the regulations issued by the Secretary of Labor, United States Depam-~ment of Labor, pum~,-~t ~o said Acts, or (c) the labor sts~da~ds px~visions of any other pertinent l~ederal statute, be referred, ~ the Locai Public Agency or Public Body and the Secretary of Hous/ng ~-a Urban Development, to the Secrema~y of Labor, United States ~epa~-~ent of Labor, for said' Secretary's appropriate rud~g or interpret~tiou which ah-il be authoritative and ma~ be relied upon for the p~-~oses of this 0o~tx~ct. 15. PA~ROT.T-~ A~D ~A.~IC PAIHOLL' ~]~ OF CO~AOTGR A~D S~BCGNTRACTO~ The Contra=to= -~ eaah suboontraoto~ shall prepar~ 2Lis payrolls on fo=ms satisfactory to ~ in accordance with ~-trmcttons to be P~ 6 of 13 CD-75 Exhibit 14 · .%Arn~shed by the Local Public A~ency or Public Body. ~ Contractor ~11 submit weekly to the Local Public Agency or Public Body two certified copies of all payrolls of the Contractor and of the subcon- tractors, it beLug u~derstood that the Contractor ~h~ll be responsible fo= the submission of copies of pa~zolls of all mlbcontractore. Each such payroll shall contain the 'Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Cede of ~ederal Regulations. The .~olls and basic payroll records of the Conti~actor and each subcon- tractor cover~g all laborers and mechar, ics employed upon the work covered by th-is Contract eb~ll be m~utained during the course of the work and preserved for a period of 3 yearns thereafter. Such payrolls and basic pay=ell records -h~l I contain the n-me and addmess of each such employee, his correct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section l(b)(2) of the Davis-Bacon Act), daily and weekly number of hours worked, ded~otions made, and act~-~, wa~es paid. In add/tion, whenever the Secrstary of Labor has fouad under Section 5.5(a)(1)(iv) of Title 29, Code of ~ederal Regulations, that the wa6~s of an~ laborer ~rr meob~c inclu~le the amount of any costs reasonably anticipated in provia~g ~enefits Under ~ bleu or progmam described in Section l(b)(2)(B), of the Davis-Bacon Act, the Contractor or subcontzactor shall maintain records which show that the com~-t to provide such benefits is enforceable, that the plan or p~ogram is f~cially responsible, and that the plan or progTam ~ been com.~:~cated in writ~ to the laborers or mechanics affected, and records which show the costs anticipated or the act~]~l cost incurred in providJ.ng such benefits. The Contractor and each subcontractor nh~! .m~e his employment records with respec~ ~o persons employed by h~ upon the work covered by this Contract av.~ble for inspection by authorized representatives of the Secretary of Eousing and Urban Development, the Local Public Agency or Publ£c Body, and the United States Department of Labor. Such representatives -~-~1 be pez'm/tted interview employees cf the Contractor or of an~ subcontracte= during wor*~g hours on the Job. 16. SPE0/m'£O COVERAGE 0~ CERTAIN TYPES 0F WORK B"f The trn~port/ng of materials and supplies mo or from the site of the Project or P~ogram to which this Contract pert~t~, by the employees of the Contractor or of any subcontractor, and the manufactu=~ or /%,~-n~sh~n~ of materials, articles, supplies, or equipment on the site of the Project or ProgTam to which this Contract pertains by persons employed by the Cent=actor or by any subcontractor, sh~l 1, for the purposes of this Contract, and without ]~m~ting the generality of the foregoing provisions of this Contract, be deemed to be work to which these Federal Labor St~a-~ds Provisions ~ applicable. i7. -:I~T~.TGT~ S~COmniACTORS The Contractor s~-~l not subcontract any pa~--t of ~he work covered by this Contract or permit subcontracted work to be fu.rthe= subcontracted Page 7 of 13 9/75 CD -76 6500.3 E~ibi~ 14 without the Locad Public Agency's or Public Body's prior w~itten approval of the subcontractor. The Local Public Agency or Public Body wail not Approve any suhcont~aotor for work oovered b~ this Contract who is at ~he time iueligible u~der the provisions of a~y applioable ~egulatio~s issued by the Secx~ta_~y of Labor, United States DepaA-m~a~ of Labor or the Sec~etax-y of Housing and Urban Development. to receive au awaa~ of much mu~contraot. 18. PROVISION~ TO ~E L-NULUDED IN ¢~m'~ALW ~UBCONTRAOTS The Contrmctor .~ll include or cause ~o be Luclu~ed i~ e~ ~bc~t~ct c~r~ ~ of ~ ~ c~e~d ~ t~s Cont~t, p~vi- sio~ w~ ~ ~istent with ~se Fede~ ~bor St~n~ ~visio~ ~so a clue ~q~ t~ ~be~t~to~ to ~clude ~ p~visio~ ~ l~er tier ~bc~t~ts w~ they ~ ~ter ~to, to~+~er with 19. ~A~.H OP I~,OI~G l~mmm~v. ?.~40R STAF~wr~$ PROVISI~ Lu addition to the c-,,-es for termt~.tio~ of this C~t~ct as hereLu elsewhere set fo~, t~ ~c~ ~lio ~ncy o= ~blic ~ ~se~s ~e ~$ to te~te ~s Contact if the O~t~tor or ~ ~bcontractor whose ~bcont~t co~ ~ of tk~ ~ c~d ~ ~s Cont~t ~1 b~ ~ of t~se Pede~ ~bor ~t~ ~visi~. A b~a~ of ~ae ~ ~bo~ S~ ~visi~ ~ ~so be ~ for dab~nt ~ p~i~d by ~e a~lio~le ~ati~ is~d ~ ~ Sec~t~ of ~bo~, U~te~ States ~p~t of ~. C Page 8 of 13 9/75 CD-77 6500. J ~bit 14 ATTACHMF_NT TO FEDERAL LABOR STANDARDS PROVISIONS SO-CALLED "ANTI-KICKBAC~ ACT" AND REGULATIONS PROMULGATED PURSUANT TH]ERETO BY THE SECRETAgY OF LABOR, UNtrieD STATF~ DEPARTMENT OF LABOR TITLE 18, U.S.C.. ~cfion 874 (R~ionl oftheActofJun~ I$ 1934 (48 Szat 948,40 U.S.C.. ~. 276b) put, uRn! to the Act of Jun~ 25, 1948, 62 Sial. ~62) PaRT ~-CON'rRACTO~ ,~MD S~CON-I~CTORS ON F,~ LIC aUILOING OR PU~UC WHOL~ O~.iN PaRT BY LOANS OR CnRANT~ FRO~ THE UN1T~D S~ction 3.1 Pu~,~o~ and ~op~. ~ 9 of 13 CD -78 6500.3 E~ibi% 14 C Sec~n 3.2 Det'mitions. P~ 10 of 13 9/75 CD-79 6500.3 ! [29 F.R. 9,~,Jaa. 4, 964,~.aaam~'d a~3~ ~.R. 10186. jul), 17, I~1 ~ ~t~n 3.4 Submi~on of w~kly statements a~ the p~rvat~n and ins~n o~ w~kly ~yroU records. ~tion ~S Payroll d~ucl~ ~ible wilful appB~ion Io or approval of ~ ~y of ~r. 9/7S CD-80 Exhibit 14 Section 3.6 PayroU cleductio~ pe~mi~'bie with the approval of the Se~etzzy of L~bor. Pag~ 12 of 13 CD-81 6500 Section 3.7 Applications for the approval of thc Secretary of Lqbor. Section 3.9 Prohibited payroll decluctions. SecUon 3.10 Methods af payment of wages. Section 3.1 ! Regulations p~t of con~.mct. Pa~e 13 of 13 9/75 CD -82 42 O~C $3~.0o ~b. Law 93-383 - 16- Aug~zst ZZ, 1974 (f) Section 3689 of the ~evised Statutes, ~ smen~ (31 ~.S.C. 7~1)~ is sm~d~ by adding ~ ~le end ther~f a ne~ ~m~ph ~ follows: "(~2) For pa)~ents r~uired from time ~ time under contrac~ ended into pu~uant to sectmn 108 of the lto~mo ~ Commumtv Develop)merit Act of 1074 for payment of inte~st costs on obligatio~ ~amnteed by the ~ecretgry o{ lIousing and UrbaR Developmen~ ~der that ~ion." (g) With ~pe~ to any obli~tion issued by · ~it of ~ne~.l~sl ~vemment or d~ignatcd agency which tach unit ~ a~ncy h~ ted to i~s,e ~ · t~able obli~tion pumuan~ m suction (e) of ~ ~tiou, the inte~s~ paid on such obbga~ion shall ~ includM in ~ income for tba pur~ of chapter 1 of the lat~al ~v~ue of Sg~ 109. ts) No ~n in the United St~t~ ~atl on ~e ~o~d of mc% ~lor, n~tional origin or ~x ~e excludM from ~Ricipation ~ ~ denied the benefits of, or ~ subjected ~o di~fimmat~ undhr ~y program or activity funded in ~'hole or ~ pa~ wi~ f~ds made available under t~ title. (b) Whenever the ~cmtary determin~ fl~at · ~ate or unit of ~neral 1~1 governmen~ which is · recipient of u~ist~ under t~ title has failed to comply with subsection (~) or an ~ppfi~ble ~l~- fion, he shall notify Hm Governor of such ~te or ~m ~ef ex~utive officer of such ~ig of l~al aox-eminent of the noncompl~ce and shM1 ~uesg the Go*'ernor or tim chief executive o~er to ~ compli~c~ If witlfiR g ~nable period of time, not to exc~ ~ty days, Governor or the chief executive officer fails or ~f~ to ~cu~ ~mpli~n~, d~e S~tary is authorized to (1) mier the matter ~ the At~rney General with a recommendation ~ ~u ~p~pr~ civil ~tiou ~ i~itut~; (2) exerci~ C~e powem ~d f~t~ provided by title VI of the Civil Rights Act of 190~ (43 L'~ 2~0d); (3) exemi~ II~e ~we~ ami functions provided for in ~on lll(s) of ~is Act or (4) take ~ucb other acdon as may ~ provided by l~w. (c) When a matter is referred to the Attorney ~ pumuant to ~l~ctioR' (b), or whenever he has reach to ~lleve ~bat · State or practice in viola~on of cbe ~rovisions of this ~ti~ the Attorney General may bring · civil action in any a~propfi,le United St~t~ distric~ cou~ for such relief ~ may ~ appmp~ ~clud~g ~junctive relief. Szc. 110. All la~m and mechanics employed by ~ntractom or whole or in pa~ with grants received under tbis tilh ~all ~ paid wag~ at rat~ not le~ than tbo~ prevailing on simil:r ~struction in the l~'~litv us determined by the Sec~tarv of La~ ia a~ordan~ with. the i)avis-B~on Ach ~s amended (~0 U.S.G 27~--276~): P~ided, Tlmt this ~ction shall apply to the ~h~bililation of ~id~ti~l p~pefly only if s,cb property is des~ for residential ~ for eight or more families. The ~.c~:trv of La~I have, with ~ ~t to such lair staudards, tim author;ty and f~t~ns set i~ Reorgan zat on Pl:m Num~red 14 of 1950 (~5 F~ g176; 6~ Stat. 12~7) and ~ction 2 of the Act of June 13, 19~, ~ ~ (48 Sta~ 94S; ~0 U.S.C. ~TS (c)). CD-$3 ~ CHAPTER IV CONTRACTORS .RESPONSIBILITIES .General Responsibilities of Contractors (71 A. General Obligations ~. Contractors bidding on non-exempt Federally involved' construction contracts sho~id'carefully review the general re- quirements relative to affirmative action and non-discrimination stipulated in the Equal Employment Opportunity (EEO) Cla~s~ and the Federal EEO Bid Conditions, where applicable, which incor- porate the Voluntary minority utilization plan (Hometo{,~ Plan) a~d/or impese minimum minority utilization goals and timetables on contractors. ., · ·. Upon award of the Federally involved construction contract the contractor %~ill be bound by the requ_ze~._nt~, of ~he EEO Clause and applicable Federal EEO Bid Con~itions and must be able to d~enstratecompliance' 'with those requirements, including the designation of a high level company official to ass~e the responsibility for the contractor's ?LEO Progr~n. B. Notific~.,ti(~n..of S~?3eclf~c ' ' '' ' · ' ' R ~ -.2, .~ ~ .~, .~ ~. ~, .l ...... 13.. :' ;. Subsequent to award, but prior to the initiation of construction on a covered Federally funded or assis.ted contract, the pr~{e contractor and all kno~.~n s%d)contractors will. be notified by ~he Federal Compliance A~ency, which a%~ards or a~inisters ~e contract, of the specific reporting and record keeping require- ments under the EEO Clause (See 60-1,' ) a~d ni~ Conditions (See Appendix II). CD -85 .... " ---C. Notification of Subcontractor .. "i .'i''.'. E~ch-prim~ contrackor.and subcontractor shall include by reference the EEO Clause and applicable Bid Conditions in all advertisements or other sblicitations for bids, and shall include the EEO Clause and applicab/c-~J~ ~n~tio;.s in all contracts. Eac~. prime contractor and subcontractor must provide written notice to each subcontractor of the.specific reporting and record keeping requirements under the E~O Clause and appli-~, .cable Bid Conditions. Upon award of a subcontract,_eauh contrac for shall immediately notify~the Compliance Agency'of the coD- tract num. ber, the subcontractor's name~ dollar amount of contract, ' estimated start and completion dates, and the crafts whic~ will perform work under the subcontract. '"~ -II. Obligations Under Federal EEO Bid Conditions (See Attached Flow Chart on CONTF~CTOR OVERVIEW) A. Hometown Plan~ Part I (Voluntary)' ' Hometo~ Plans are Office of Federal Contract Compliance ~rograms (OFCCP) approved voluntary area-wide agreements 'between the construction industry and representatives of ' the minority community establishing craft goals and time- _ t~bles for.minorities. The Plan and the signatory partici- pating partzes mn the Plan are lncorporate~ in P~rt I of the Bid Conditions for the Plan area. CD-86 (73 ...... Contractors signatory to and participating in Depart- 'ment of Labor approved Hometown Plans and utilizing a local craft ~_nder Part I of the Bid ConditiOns ,are required to comply with the provisions of the Plan and the EEO Clause. "· ' Removal 0f contractors to Part II of the Bid Conditions and/or initiation of enforcement prgceedings may be recommended to the OFCCP Regional Office by the Administrative Committee for a contractor's'failure to meet Hometo%~ Plan requir~,ents. Such action may also be initiated directly by the OFCCP Regional Office fo~'violation of the EEO Clause. <' ' B. IIometo~,~ Plan Part II, Ap~ndix A (Imposed Plan) ..... ' ' and special Bid Conditions · Contractors subject to Part I% of the Bid Conditions (includiJg co~tractors participating in the voluntary plan but utilizing craft(s) affected by Appendix A of tions are required to: subject to Part II requir~n~ts) an~ those an Imposed Plan, .or special Bid Condi- Comply with the EEO Clause; [. ~ . Meet. the m~n~m~a goal£~ an~ t~metables for aggregate workforce utilization specified in the Bid ConditioJs and/or Appendix A in each covered craft on all covered work in the area under the Bid Conditions/Appendix: A or provide DOCUq~:ENTARY EVIDENCE of good faith efforts to implement the minimum acceptable affirmative action program; CD-87 ~. . . ~ 3.. File monthly or as directed by the contracting " or.administ,.~ing agency, beginning with the :..: ... effective date of the contract, workforce utili- zation reports (Standard Form 257)reflecting the . . prime contractor's and each subcontractor's aggre- .-.-: . ~ate workforce in each covered craft within the '-area covered by t~e Bid Conditions {See Appendix .TI) and a one time listing of all Federally-funded --. . ~....~ or assisted contracts within the Bid C~n~ition arDa by agency, contract number, location, dollar vol=me, percent completed, projected completion date,' and a listing of all covered non-federal work,.subse- quent to the submittal ~f the first listing. -. Monthly reports, thereafter, ~hou!d only include new contracts received and those contracts.com- -: pleted; ~- . 4. Provide access to hooks, records, and accounts of all co~ered construction s~es and documentary evidence of good faith efforts'to the Compliance Agency and/or the Office. of Federal Contract .- 'Compliance Progr~us ('OFCCP) for the purpose of conducting a review. When the Compliance Agency and ~e OFCCP have determined that the contractor has consistently met the minimum utilization goals in a covered craft over an entire construction season, re- porting requirements will be changed from a mon%hly to a quarterly bas~s. However, if a contractor fails to meet the minimum C D-88 ·. (75 utilization goals during any quarter, ments will be reinstated. monthly reporting requi~e- -III. Enforcement (See Attached Fl'gw Chart on CONTRACTORS I OVERVIEW) . . " ' A. ,Compliance Review . ' -- · -' '" .': Contractors failing to meet the minimum utilization goals specified in the Bid Conditions,. or .subject to outstanding allegations of discrimination in violation~ of the E.E.O. Clau%e will be subject to a thorough review of their implem:en~cation o~ the affimative action program as. specified {n the Bid Conditions and, where required, a thorough review of their.compliance with the E.E.O. Clause. ." Contractors will be subject to 9eneral ~nforcen]ent, as stipulated in Subpart B of CFR 60-1 at the discretion of tke agency or the OFCCP ~ A compliance review conducted by.the Compliance Agency Will consist of the follo~.~ing (See Appendix III B): 1. A thorough review of the contractor's books, records and accounts and other relevant docu- ments. (If a contractor has met the specified minimum utilization goals for-the aggrggate .workforce the contractor will be pres~ed to be in compliance ~:ith the requirements of~h~'= Bid Conditions and the review concluded, unless an allegation of discrimination in violation of the E.E.O. Clause has been made.); CD -89 (76 2. Validation of the information presented will be 'imade through on-site revie~.:s of a sggnple of all of the cohtractors projects to determine whether %he contractor has met its goals or has made a good faith effort to impl~r, ent all of the affiz-~- ~ a%ive action steps. specified in the Bid Conditions, and has not violated tke E.E.O. Clause. B. Remedial Cor~itmants .~. ~. In the event tn~ a contractor has faile~.to meet the min~ utilization goals an~ ha~ failed to provide -~ mentary evidence of good faith efforts to inple2Jent.the minim'~m affi~{~tive actzon program as speczflea in the E~d Conditions, the cont~ac~o~ will be given an c?portunity at the conclusion of tke compliar~cc reviev~ to makespecz[ic"-' %:ritten cc;~u%i%-.ents, which will be signed by an officer of t~ company, to rer. edy ~nn deficiencies identified dur!n9 the revie%~, prov~aea ' "~ ~ ~._t the contra<tot has not otherwise baen found to have violated the E.E.O. Clause. If such "-~- ~'~ ' approve~ by the .-.n~.~- t' .... ~' ' ..... tractor in ccmpllancc and ~ : :~= -- ~ '~ cf ~ C oI7.~i ~<~e n t s. C. Notice of Intent to I ......... ~c::ors r~= .... to SanctJcns If the ccnhractor fails to make, or ha'/in{ ma~e, to ir. pler~ent ad~a~e ren<edza! -'-' co,.==.~..~..t~: and/or has been CD-90 : to ~ve oth=~i~ violated, the E.E.O. Clause, the Compliance Agency will' issue a show cause notice to the contractor pro- riding 30 days for the contractor t~ come forward with addi- tional evidence of its efforts to comply or to,make adequate remedial .com~itments, and, '~r~.~'eq~}~. to dcL.~onstrate that it has not violated theE.E.O. Clause. If the contractor make~ s~6h '~e3uonstration(s) and/or ~~s, ~h~ Compliance Agency will withdraw the show c~e ~ an~t~la~z~ntract~r ~n ~p3~e, p~ovided ~at ~ ~a~ Df %hR co~mi~ments.%~ cause ~e. contracti~g agency to proceed ~ith actions leading to sanc~ons. D. Initiate.on of Actions Laa~in9. to S~nctions If, during the 30 day period provided, ~e contractor, (a) fails to doc~ent adequate, good faith effort to ~np~e~aent the min~[';~m required affi~ative action steps or fails to make ade- quate commi~.~ents ~o correct all deficiencies, or (b) where re- quircd, ~ ~ d~ns~ate that th~ ~.E.O. Claus~ has ngt b~en v~ol~, ~ ~!iance Agency will initiate actions leading to ~ i~position of sanction~agains~ the contractor, pursuant to 41 CFR 60-1.26. - ' Upo~ such action by the Compliance A~ency and approval by the OFCCP, the contractor will be notified that actions leading %o sanctions have been initiated. The notice ¥~11 state the rea- Sons for the ~ction and provide'14 calendar days for the contrac-. tor to request a h£aring regarding thc imposition of ~nnctions. CD-91 · X.~ i~,o re~/ue~t for hearing is .receivefl within the O14 day period,, the Compliance Agency and/or OFCCP will impose · such sanctions as are deemed appropria.~e provisions of 41 CFR 60-1 , including cancellation, termination, debarment or ineligibility'.for further federally funded or federally assisted contracts. ~ ...... '~ ..,.~ . .._~'~ ...~, Upon receipt of a request, for.hearing, the Compliance A~cy an~or ~FCCP will arran~ fz~r ~ =on~uct a hearing.on the i~s~-s ou~l~ in, ~1 CFR ~-1 ~n~ ~1 CFR 69-30. .., ~ ,..~ ~l=ri~l~n~c~_ of.~ny such r~quest for hearing, a contrac't~r~ other federally involved ~ontracts may be suspended in whole or in part, pursuant to the provisions of 41 CFR'60-1. ¢ However, no sanctions or penalties specified in 41 CP~ 60-1 or Executive Or~er'l!246, as ~ended, may be imposed.without the approval of the Director, OFCCP. The hearing procedures (41 CFR 60-30) provide that any conciliation agreement or consent decree proposed as a settlem, ent~f T/~a_/~s .?nS the final d~m~ion on the imposition of sanctions must be appToved by Director, D~CCP. IV.' Technical Assistance the Secretary of Labor or .The Compliance Agency and OFCCP Regional Office staff will provide technical assistance regarding the implementati6n of the requirements of the E.E.O. Clkuse, Federal Bid Conditions and/or Appendix A upon ~eceipt of a requezt for assistance from a contractor. CD-92 (See Eules ami Rer*~zl,*-tio~s, Title 2~4, Part 135, '~-ed~'," ..... .,.P~s. ' ~-~__~, ~ ~ · ~= 23, ~3) .. '. ~os~ '~ "" ..... ' {.~:: '. · ' -' · .~ .: -'. · ....'.. · ~feasible: ~ ~t "~ ~' ;...', ' "'' .. '-- C~''- C'~ ~- .__ ..... ~-- . . . .~ - %ucc_e uersons res~n~ ~ :" ~ .(i~) contracts for work to be *-¢ --='~ 4~ ' .. . p~__o ...... cer~ecticn with ~' ~ch Iden%ificatkon "~ ' "" .... "': - o~ !-~fi---a-ztive Action Offic'er, by n~-~e.' . ' .. Identific.%tion of f'r:'i = or contr--czor,' ' co-+~--~t_...~¢-- agency: · '~oer, project .n%=ber, description of project ~ea~ etc.). '" d ~]l ~ ' '::":' " · '.. ~ · ) o:~ent 2>..' " '" '' '" '""': ..... . .' .......... ~. ..... . :.: ..... ',.~- ~ ':-,:' .J-:-:~.~ .."":r:':D'...:C.~ .... ;Z Z, ::..~--. .,= .... =- ~.--- · ' ':' '..%: :.,> ~: .:.: ....... .. ?..:%.i,.....-, ~, · J;.--~. -~., .- - , .... ,,._'"'.: '~T~ec~ ~':':. T~ees~ ~' ' ' '._ '. '~ . .' .*'. '. ..... .,. .- "~' '"'.. .. . ..................... .. ~ .,- - :~ .... - · --- ......... a. A Zilog ~ ~¢ozk ~te¢~ ~ ~) ~o~ ~oe= of ~euaz~ed d-s.__¢~on of Y 4¢~ tb b~ utilized - ; '- Of all ~roject rezl/entz ~-~ ..... ' .... ~%a~Qf ac~n ?>~-~ ~'l~n reasons for such. ~ .' '' S~e as a., b., ~d c. above. .. CD-93 .. 3). ]~.z~n.sses, Subcon~r.~o~~, Vendo_~ e ......... ? '-. · , · . ~ea bus~es~es~ subccn~r~c:ors, vendors, etc.; - .-". ' 3. De~l~ description of specific ~e~ns ~o be ~<en ~o ... ; . ..- ' publicize, adve~ti~e, no,if-y, etc.~ ~ea %usinesse~ e~c., <'' · '. ~ ou~ort~;;.' ~o ba,:c2~ subccntrac;crs, . -- . ~;'.: ~ongractors affi~5~-re action p!~u, ~t area description, >-. :- o~c. E. S~a~c~en~ ~h~_5 all - ~ ~ ~'~ ~epo_.s, ~eco~d~, e~c., ~el~.~ ~c ~he · ~ Z,.o~c ..... to a~tkor~zed rec..o~ent .... ~ of the .. ; ..... CC ..... C .... ;~ ~:~$y, . . c ....... t,~_s_~ in offices ~d places fue%uentcd' ~ . ~!~ ?'%~=o!o~'ees, ~=U~c~n;~ ~r:s:rc;~vo s'~:cn~ra¢;0rs, vendors, e~c. "' ;~U~b~ De~'e!opzen~ in co,lying ~ri~ the Sec'~o~ 3 H. Stat .~-~.~m~, that -~utrac+cr will subait waa~,~-, ret?tis are' o to.o Dcpartnsnt of HcusLug ~ U~ Develc=2ent. · oq~red by - The Assistant Secret:fy for Equal Opportunity ha~ been. delcEa~ed the fuq~L]on~ of the Secret~ry of Housing and Urban Develooment in adminfsterin ~ggram~ eurn~n. ~o Section o. Ibc ,~ss .... n. Secrc[ary ~or Equal i~ue =uch further rcgula~ion~ In connec~lo~-~h hi,/her re:pon= ~O.~r_S%~!ion 3 of the Ilousing. hnd Urban Oevclo~ygnt Act of I968~ 12 U.S.C. a~nd~d, 1701u., ~= he/she finds appropriate and ~. as needed, c=plify %~l~'Cib~tssucd pursuan~ [o S~Ufdn~tH~Uga g'm~dcqlT~=, handbooks, (ii) RequiTe, ill confiscation w!th of the Sm~ll Business Administration, that to the greatest. extent~ea~ con~racts .or nection ~ith a,l~ such project be a~;arded to business concerns ~ncluding but not limited to individuals or firms doing business in the field of planning, consulting, design, architecture, building _-.~ .... t~.~icn, CC.~_O,., ~- ~ 1 ~ -~- .-p .... , % .... c.. are located in or c%.;ncd in substantial Dart by ~ersons residinc in the area of such project. (~) In ~e development of these regulations the Secret~ry Has consulted wi~h ~e Secr~, of Labor and ~e A~~ ~f ~ ~ ] Business ~inistration and ~utual ~o_~.._n~ n~s b~en raa~tad w~.~ ras~act to the ~r~t!~n ~f '~!o~ ~S ~inin~ ~rts and cgntr~cts ~nd Ur~n DaYa!c~mant, ~e Dapartm~nt of Labor, and the (c) The = "~ ~ :--- r=g~.a=~o.~ -z set forth in this part,' particu- .larly Subparts C and D of this part, shall serve to daEine "to the greatest extent leasable as that term is applied in section 3 of the Housing and Urban Develoi:ment Act cf 19~8. ' ' (d) ~Ae Sacretary will ~ssue such further regul~,~ons in' connec%ion with his responsibilities ~der section 3 of %h~ Ho~ and Urban Development A~' ~f t968, as he finds 'iss~S p~Eu~nt ~ ~ion 3~ thr~uuh 9ui~lines, handbooks, .clr~lars,. or other means. ~ 135.5 Definitions. .As used'in this part-- (a) '"Applicant" means any cnt].~y seeking assistance for ~'.projc~' inclu~_ng, but not limited to mortgagors, err. lcr~l Dub].ic bodies, .... ' - ~' " . . .... pr~._~t or iimJt~Cd di%i~cnd CD -95 (b) "Business'concerns located {.;ithin th6 section 3 covered project area" mear~s those individu.al~ or firms located within the relevant section 3 covered . ~ .'~ - ~oq_c~ area as determined pursuant to § 135.15, Listed on'tke Depart- c ..... D_e business conccrns~ and which qualify as s,,ali under the smai! bus,ness size standards 6f the sma!: susiness 'd-'~{ ~'' ' (C) "Business concerns owned in substantial part ~y .persons residing in the secti6n 3 covered project area" means ~hose business concerns whic27 are 5!'perce~t or more o'wn~-~ by P-~ns r~_~idin~ %~,itkin th~ r~nt se~t$on 3 covere~ ~-c ,~c~ as d~:' :~, -~ -~- 1- ~y pa~: ~r~ ~y ~e Sma!! ~ess Administration. to be soc~l!y ~r ~a~fe~ntQ disadvantaged, listed cn the Department's registry of eligible b~siness concerns, and w}~ich qualify as small under the small business size standards of the Small Business Administration.. With a contractor for the performance of work in bonnection with a section 3 covered project. [e)' 'L~ntractor" means any entity vn~ich performs work /in-conHection with a s~ction 3 covered project. . (f) "Departmerrt" means the Departman.~. of H6u~ing and · Urban ' Deve/~t. : -. (g)' "Lo%~r income resident of the ~rea" means any · nd~v]dual ,..~ re_~.,us within the area of a section 3 _Covered ?reject nnd :..,hose family income doeu no~ exceed 90 percent of the median ~ ~-= ' thc Standard :.!etrcpolitan ~tau~ ........ ± Area (or the county '~ i. not within an S2.[SA) in ~ich %ne section'3 covered project is located. (h) %Political ~urisd£ction" means'a politically or- g_anized community v:it,~a governing bcdy having general ~mZernmeatal ~'~-,- (i) " ·" ,, · Recipient means.~ny entity ~;ho received assistance for a project including, but not limited to, mortga?ors, ~eve!operu, local public bodies, nor,profit or limited (j) Urban (k) urban Development A'ct · . . : . ' .% isi'n9 "Secretary" means t~'e Secretary of Ho and Developme~lt. .- · "Section 3" means.section 3' o5 the.Hous.ing.ai'~d of 1968, 12 U.S.C. 1701u. (1) "Suction 3 clause" means the contract provisions set forth in s 135.20(b). (m) "Section 3 covered project'" 'means any nonem<empt !=reject ass_sted{ by any program admini-=te_red' by t~e ~t~=.ry .in udAich_~ns,' c~r~nt~, ~bsi~zs, or other financial assi~Rnce are provided in aid o.f housing, urban. ..... = .... under S~!Ch Drogram is solely i2 the form of insurance or guaranty). Projects, contracts, and " ,- sumconuracus, Connecucd %.,ltn programs ad- ministered by the Secretary under sections 235 and 236 of ~ e~',' Public ~ro{]ram and %,.:hich do net exceed S500,000 ~n estimated cost are exemutcd from th.z ~e~n+~ ~-= ~,~~ ~,ubcon_.,~= o- Su0,~u0 or ~n~e! o~ s~cn proDects or contracts in excess of (n} 'Bub~ontr.~ctor" means any'entity (oth~r than a person w/~o is an employee of ~he contrr4ztor)which bas agreed or ar!~ .n~ed wi~h m 'co/~'tr-actor to ~rn.d. er. take a ~_~0rtion of the =pntractor's ob!igztion or the performance of work in .connection with a section 3 covered pr6ject. ~ 135.10 .Delegation'to Assistant Secretary for Equnl Opportunity ~ Except as otherwise provided in this part,'the functions of the Secretary referred to in this part are delegE:ted to _t~e Ass'istant Secretary for Equal Opportunity..~ The Assistant Secretsry is furthcr authoriued to rcdelc%,~ate functicns and responsibilitie.~ delcuatcd in this' section to ~_ml>~oycos of issue rules and re?elations under ~ 135.1(d) may not be redelcga Lcd. ~ 135.15 Determinntion of the area project (a) The area.of a s~ction determined as follows: (1) .The boundaries '10cat.ed: section 3 covered covered projec~ ~hal! be of a section 3 covered project · (i} Within a ~eographic area desicnated as an urban renewal ~rea pursuant ~o the . ~ ,~ - prov_~_o .... of titl~ I of the ~ousing Act of i949, 42 U.S.C. 1450; or (ii) Within a U~gz-~. iu aruz ~esigna%e~-~ Mod~l Cities · rr~as or Metropolitan Dzv~io_~_~an,~ ~!~n ~r~_as uur~,,~t ~o the provzsmons or =~LLa I of ~,e D=~cm~=ratien Cities and Metro- .politan D-veloc.,._n~ ~a= of 1966, 42'U.S.C. 3301; or (iii) Within a geographic area designated as an Indian reservation (to include all territory within reservation '~ou~daries, including fee patented roads, waters, bridges and lands used for agency purposes)~ shall be coextensive with the boundaries of'that geographic area. ~) The boundaries of ~ sear'ion 3 covere~ _pr6ject not locate~'t.:ithin R geographic area desicnated :ursuant to ~.~tle I oi tho Housin~ Ac~ of 19~.~, or Title ! of the. ~cmon~ura=lo~ Cl~es snd.~.~etropot!~n Deve!~cnt Act of ~'' (3) To the extent that gca!s (establishe~ pursuant to Subparts B, C, and D of this part) cannot be met within a section 3 covered project area as determined pursuant to _~ragraph (a) (1) of this section, the boun~ries of the ~s~allest political jurisdiction in which th~ section 3 ~e~cvan= secnlcn ~opcct area. Thc dcterl%~nation to amply th~ subparagraph shall b~. "'=de ~y t~ Ass~ant STcretary for Equal Opportunity or b~ the same affixal designated by the Assistant Secretary for Equal Opportunity to determine the section 3 c~red ~oject area pu?suant to paragraph (a) (1) of this 'section. CD-98 (b) The Department's Regional Adminiztrator, Area ---' ~ Director, or F.'~_.% Insuring Office Director, appropriate, shall determine the bouQdaries of each ~cction 3 covered project.. ~ 135.20 Assurance Of c6mpliance.with regulations (a) *Every contract or a~reement for a grant, loan, subsidy, or ocher direct f~nancial assistance in aid of housing, urban planning, ~ ~ ~ ' d-v_lo=..ent, redevelopment, or rene%.;al, public or co~unity facilities, and ne~ community development, entered in~o by the Departraent of Housing and Urban Deve!D~ent with respect to a section 3 covered pro- . ject zh~!! c~.tain provisisn~ ruzuirinc ~he applic~n~ or recipient to ~urry Du~ zhe previsions of sec=lo.9 3, .~cgulations ~set fo~ ~n ~s part, and any applicable ~les a-nd urgers of the De~r ..... nt issued thereunder prior to approval of its application for a'ssistanca for a sectioH 3 covered project. *. ' (b) Every applicant, recipient, contracting - - party: contracto~ and suscon=racuor shall l,.~o ..... t.., ~r cause ~o be incorporated, in all contracts for work in c~,nnection ~u~cn 3 covere~] D'~ ~- the .!referred to as a section 3 clause}; A. ~he' work to be p-r~o~~._a under th_s contract is on & project assisted un'der a pru~ram providin~ d~-ect Fedora! fin~.ncial assistance from the Department of Ho%tsing and 'Urban D~'e!opment and is subject to tl~e requir~ents of 'section 3 of the Housing and Urban Development ~Act of 1968~ .~s amended, 12 U.S.C. 1701u. Section 3 requires that to the greates-~ ew. tent feasible opportunities for training and - employment be given lo',.:er · -n .... ~e residcnts of the project area and contracts for work in connection %-;i%h the project be a%.;arded to business concerns ,....ica are located !n, or '-owned in substantial ~art by persons, residL~.g in the area ...of the project. " ~. :~he partie~ to thi~ provigions of said section 3 and thc rcgula%ie_-ns '~ · ' 1.,~ued pursuant thcrcto by the Secretary of Housin] a.~d Urban Devclo~,n:cnt set forth in 2n CFR , and ~t~ applicable CD-99 6500.3 FOR ¢0NTP_~.¢T0.~: L ~i':'KOL~TICN. T.-~ foll~,/~n6 'checklist has Been preps--ed to assist II..~XPLA/;ATO~Y !;CC'-~. The word "em~lcye~' as u;ef, below refers to the (aster~sk) ~ rac. uir~d *,o be e~nt to the recipient for ~vie~- (all tn Page i of 14 9/75 CDU]00 A. Not ~ deb~d or othe~ise ~e ~eli~ibl~ to p~tici- pate ~ ~ F~e~ or Fede~iiy-assisted ~Ject. 3.Received ~p~p=late contr~t p~ielc~ cover~ Iabor · ~ ~qu~ments. C. Reviewed ~ ~de~t~ all labor .t~ contact D. Eeceived the w~ ~ecisicn ~ p~ of th~ cou2~ct. E. Eequested t~ the ~cipient ~d ~cel~d the w~ for ea~ cl~sificatfon to ~ worked ~ t~ p~Ject w~ch. ~e not ~clud~ cn the w~ decision by the ' .cla~mlf!c~ticn p~cesm ~d before ~low~ ~ such to wo~ on ~e p~ject. · ~. Eequest~ ~d ~ceived ce~ificatl~ of ~2 ~f~m the ~t~te'e ~e~ of App~ntices~p ~ T~ o~Ized by US~T) ~d ~b~tted copy ~of to the ~ciDlent ~rlor to ~nt on the o~Ject. LLk*wise, '~tra~ee" p~ ~tion f~m ~. ~. B. A. T. if applicable, ~ be ~b~i~ted. 9/%5 PeTe 2 of 14 6500.3 Ex.h.,i. bit 1 A. Notified ~cipient of const~ction at~ ~te ~ ~i2~. ~. ~ pl~d ea~ of ~e follow~ on a ~llet~ bo~ p~ently located on the p~ject site w~ch c~ be ~ (~d ~place~ if lost or ~a~ble ~ t~e d'~ : W~ ~cislon Notice to ~lo~es (~ 1321) Safety ~d Ee~ P~tecti~n on the Job (~L) C. ~fo~ ~ai~ e~ p~ject worker to wo~, ~ obta~d ~r (for p~I1 p~oses). D. ~ obt~*~ a copy of ~ach apprenlIce's 4e~ificate wiih the ~p f~m the State E. ~ ~fo~ed ea~ worker 1. ~s ~ cl~siflcation will appe~ on ~e pa~ll. Page 3 o1[ 14 CD-102 2. his duties of work. the U. S. Dep~rtment of LaBor's requ/rement on p~ect t~t he Is either & 1. Accu.ra~ce da/!y ti=e records shall be r~lntained. These reco~ =u~t show the ti=e worked ~n each cla~o£fica- ticn aud the .-ate of ~ay for each classification, mu~t ~e signed by the workman. 9/75 Page 4 o£ 14 6J00.3 .5. 2. T~e pa~ll sh~ll eho~ the hour? vorked ~ e~ch classlficat~ ~d the ~ ~ate ~a~d flor class~f2c~t~on. ). ~e p~ll s~ll Be si~e~ by the wo~en or a el~e~ copy of the ~aily t~e reco~ s~l be attache~ ~ ~o~e~ e~ worker of P~s ho~ly (not less t~ the ~ I~ rate for his wo~ w~ch stated ~ the W~ Decision). 1. t~ ~ a b~f for ~11 work ~'er 8 ho~s ~ ~y or ove~ LO ho~a ~y woz~ week (see Contract Wot2 2. f~ benefits, if ~ (see Wa~ De~ision for ~ ~. deductions fro= his pay. ~s ~o~ed each wo~ker t~t he is ~bject to Berg ~te~iewed on the job By the ~cipient or to confi~ that ~s o~loyer is co~lyi~ with all ~ ~fp~ed each Jo~e~ ~t e~ch app~entice t~t a Jo~.e)~ ~s~ be on the job ~t ~1 A. F~ch E~ployer: 1. has not Selected, assi~ed, paid ~££erent pay rates %0, transferred, up~raded, de=oted, laid off, nor Page 5 of 14 9/'75 CD-lO4 6500.3 him throu6h ho~ml chennels up to the applicable radio of app~ntices to ~o=e~ ~ each tr~e is cc~ly~ with ~1 he~th ~ ~ ~ worhe~ very. ~ ~tte~ weekly ~a~lls. SOme employers place aJ~ project vo=ke=s on For~ WE-~I~?. ~ ~cip£ent does not review those p~oJect worker, s listed on the pa~'~ll who work which is descrfpt£ve of a~r off the Job titles which ~re exempt f=on labor req~re=ents: 9/75 Page 6 of 14 pro~ect pr~tout ~ c~uter, for e~le, ~nt P~ of Pa~ll He~M (6 "blocks" of 1) N~e of ~!cyer. N=e of e~Icyer Is stat.d, 2) ~a~se. Street ~es o= P. O. ~x~ City, ' 3) P~11 }~ber. ~ch wetly p~ll is n'~be~ "1"). If ~lo~r's workers perfo~ no week, Page 7 o£ Z4 9/75 CD-106 6500.3 J I 8J P~y~ll of employer'm final work week on the project (completion of his work) is For Week EndLu~. The last date of the work Project a~a Locaticn. Nme of project and c~ty iu which located is stated. Colu~m 1 - '~crker's ,~.~e, as it appears on h~s pay check, is stated. Vorkers~s Best ~alling ad.ess and social security number is stated on Pa~Toll 9r the pa~l on which his name If wo~ce.- c~mm~s his residential ~s new ~ss Is stated on next appli- ~cl~ed on the pa~ll to note sep~ate ~ntiftcation. Co1~ 2 - No. of ~'lt~olaLn~ ~e~ttons. COt~ ] - ~e '~of~ Classification (Job 9/75 P&~e 8 of.14 .-9, title) for the worker is i~¢lu~ed i~ the Wa~e I~¢ision ad denotes the ~o~ Note: If the a~licable cl~sificaticn A~m~ice. If ~o~ker is ~ app~ntlce, ~S State ~T ~gistr~tion n~be~ ~d col~ the f~st t~e the a~p~nti=e's Split Classification. If wooer ~ per- foxed mo~ t~ one cl~s of work the work week, ~ch as c~enter ~d aep~ate l~es of the p~ll. e~ct ho~s of wo~ perfo~ed ~i!y e~ cl~s of wo~, ~d ~ si~ed by t~ ~fected Page 9 of 14 9/75 08 6500.3 10. Eac~ class of work he performed is stated in Colwm ]. ~n separate "blocksN. His ~ ia ~peate~'~ co~sponatn~ The b~:ea.kdown of hours worked ~[ly ~mder each wox~ classification is state~ Co1~ h, ~ tot~ for week ~ applicable w~ ~te for e~h c!assi- f~ti~ of work is stated ~ Col~ 6. ~e ~11 is ai~e~'by the t~ ~iate~ "biceps" o~ a si~ed copy of t~ ~y t~e ~co~s ~e att~he~ to ~ ~11. ~d at least the hi~e~t rate of ~1 of the classes of work pe~ foxed for all ho~ worked. · Notes: s~-skilled laborer the aver~ of ~ labo~r's rates. ~e act~ ho~s each wooer uses tools of trade (jo=e~) =t each ho= he d~s not ~e tools of tho trade (laborer) ~st be Pa~ 10 o[ 14 recorded ~n separate "blocks" in Col'~-n ,] of ~he paT'=oll. Hel?er. The work classification of "b~elper', 11 not accepted by the Department of RUD, un- less i~cluded in the Wa~ Decision isled ~ Secret~ of ~bor for t~ p~ject. e~loyee listed as "helper" ~ ab=ence of ~ cl~sificaticn ~ W~ Decision ~st be ~Ad the Jc~e~'s ~te for ho~ he tools of ~he trade. ~) Col~ 4 - ~o~s Worke~ ~ch Da~ ~ D~te, for se~tely f~m str~i~ ho~s ("S") - over '8 ho~s ~ ~ or over ~0 ho~ ~ wor~ 10) Col~n ~ - Total ~o~s worked ~ the we~ ~ st&ted (~he s~ of subcol~s ~ Col~ 4) - stral&bt ~d ovar~e ho~$ a~tely. 11) Col~ 6 - R~te of Pay, not less th~n the (see W~ Decision) is ~e ~or~i=o R~t~ of Pay is not less 1-1/2 t~es the worker's basic (strz!cht) ~a~e 11 cf .14 9/75 6500~3 12. Appren+,~.cee. Z,~ = c~7 o~ t~ ~8~ton ce~tc~e ~m t~ State ~ ~ not been ~tted to =ectpt~ b7 e~loye~ (~ cont~ctor), app~nt~ce ~t ~ J~s rate. P~eco ~orker, P~ece ~ork ~t be stated ~ ~e tot~ ~be: of ho~s wo~ed ~ t~ a~ ~e ~ weeE. Co].~ 7 - G~ss ~=c~t ~e~ eq~a ~ eh~ ~ Ccl~ 5 t~es st~t ~ta of pay ~ ~ Col~ ~, pl~ ~ert~ ho~ (if ~) sho~ ~ Col~ ~ t~s o~rt~e rate of 12) Col~ 8 - Deduc~!ons. ~h ded~ticn ~e Is ~q~d b7 law, ~l~t~ll7 ~thortzed by ~e ~orker ~ ' ~tt~ ~fo~ the work week be~, or p~vtde~ ~ $'b~ ~e~nt to be de~cted f~m t~ ~spectlve ~o~er'p .p~. 13) Col~ ~ - :~et V~m at.ted ~ Col~ 7 ~s tct~ ded~tl~s sho~ ~ Col~ 8. 9/75 I~age 12 of 14 1) Ea=h ~-RlO~r has: co~r~lete~ all blank spaces ~n~ un/erstan~s ~he penalties for £alsi£ic&tion. ~2~e~ke~ Item ~ if f=/~ benefits ~re in- cluded in ~he Wa6e Decision for ~y of his lf.f=~ benefits ~ pai~ app~ve~ ~a(s), or ~(b) - p~ ~ectly to ea~ wurker - ~clu~ed ~ pay check for ~e work week - his p~he~ 8ent~ ~t least the pay of the appli- cable ~ w~e rate plus the ~t of ~qul~ fr~ ~enefits. manua/ly si~-~ed the pa)~-roll in the '~qlock" ~amke~ si~ture, a~ stated his title. The person who signed the payroll i~ the e~loyer or an official of the e=ployer who legally is authorize~ to act for the e=ployer.. Weekl7 Pa.%'ro!l Review. Each employer has pronptly: x~viewe~ the weekly pa,-roll for co~plis.nce with all labor requirements (usin~ this check list) Pa~e 13 of 14 9/75 CD-112 6500.3 ~J~.b J.~ L ~ach Lerner-tier Subcont~-actor has ~ubm/tted his weekly payToll or "ne wo~" letter to c~t~ctor to ~ ~ceived wit~ 3 c~en~ ~ f~m ~ last ~te of the wo~ we~. ~ Subcontractor ~s ~cei~ · pa~ or ~ ~" letter f~ e~ch of ~s lowe~tler ~tte~ ~1 of s~h pa~olla to ~e con- t~ctor to ~ ~ceived vit~ ~ calen~ ~ f~ ~ last ~te,of the wo~ week. work" l~tte~ f~n each ~bccnt~tor ~ ' ~b~ted them to th~ ~clpient ~ ~ ~ of the ~loyer will: keep all veery pa~lls on the projec2 for 3 ~s ~er the .( 9/75 P~e 14 o~ 14 CD-113 NOTICE TO BIDDERS Pursuant to resolutlon adopl~d by the Town Board Please take notice that SEALED PROPOSALS must be received and stamped by the Town Clerk of the Town of Southold. BID ~/ PROJECT Modification of two (2) libraries in the Town of Southold (Southold Library and Suffolk County, New York, to accommodate facilities for Mattituck Library), the handicapped. Contract No. 1 - General Construction until 10:30 A.M. on April 30, 1981~. at the Town Hall, Main Road, Town of Southold, New York, 11971, at which time they will be publicly opened and read. Bids may be hand delivered or mailed to the above address. The bidding and contract documents may be examlned free of charge or purchased in person for $25.00 per set at the Town Hall between the hours of 9:00 A.M. and 4:30 P.M., daily except Saturdays, Sundays and Holldays on and after April 16, 1981 The $25.00 purchase fee is not refundable. Each Proposal must be accompanied by a Certified Gl~eck or Bid Bond made payable to the Town of Southold in the amount of Five Per Cent (5%) of the total amount of the bid. The Town reserves the right to reject any bid it deems to be contrary to the best interest of the Town of Southold and to waive any informalities in any bid. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHOLD JUDITH T. TERRY Town Clerk Dated: Tow~ of Southold EQUAL OPPORTUNITY ? Article 41. IEmployment Practices: Durlnb the performance of this contractt the contractor agrees as follows: a) The contractor will not dlscrimate against any employee or applicant for employ- ment because of racet creed~ color or national origin. The contractor will take affirma- tive action to ensure that applicants are employed~ and that employees are treated during employment without regard to their race, creedt color or national origin. Such action shall includet but not be limited to the following: employment, upgrading demotion or transfer; recruitment or recruitment advertising~ layoffs or termation; rates of pay or other forms of compensatlonf and selection for tra[ning~ including apprenticeship. The contractor agrees to post in conspicuous placest available to employees and applicants for employmentt notices to be provided by the State Department of Labor setting forth the provisions of this nondiscrimination clause o b) The contractor willt in all solicitationsor advert'sements for employees placed by or on behalf of the.contractorr state that all qualified applicants will receive con- sideration for employment without regard to racet creedt color or national origin. c) The contractor will send to each labor union or representative o£ workers with which he has a collective bargalnJng agreement or other contract or understandingt a notice to be provided by the'State Department of Labor advising the labor union or wofkers~ representative of the contractor's commitments under this Section II-I and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d) The contractor will comply with all provisions of Executive Order NS. 11246 September 24~ 1965 and of the rules~ regulations and relevant orders of the Secretary of. Labor. e) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, IC~65, and by the rules~ regulations and orders of. the Sec- retary of Labort or pursuant thereto, and will permff access to his books, records and accounts by the Secretary of Labor f.or purposes of.invest'gat'on to ascertain compliance with such rules~ regulations and orders. f.) In the event of the contractor's noncompliance with the nondiscrlmlnat~ on clauses of' this contract or with any such rulest regulations or orders~ this contract may be cancelled~termlnated or suspended in whole or in part and the contractor may be declared inel[glble for further Governmer~t contracts or Federally-assisted construction contracts in accordance wffh procedures authorized in Executive Order Noo 11246 of. September 24t 1965, and such other sanctions may be imp.osed and remedies invoked ds provided in Executive Order No. 11246 of September 24~ 1965t or by rule~ regulation or order of the Secretary of. Labor~ or as otherwise provided by lawo 3 EQUAL OPPORI'UNITY, (continued) ~) The contractor will include the prov[sions of th~s Section II-I in every subcontract or I~urchase order unless exempted by rutes, regulations or orders of the Secretary of Labor ~ssued pursuant to section 204 of Executive Order No. 11246 of September 24t 1965, so that such prov[sJons will be b~nding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the State Labor Department may direct as a means of enfordng such provisions including sanctions for non-compliance: Provided, howevert that in the event a contractor becomes involved in, or is threatened with litigation with a sub-contractor or vendor as a result of Such-direction by the Dept.· the contractor may request the United States to enter into such litigation to protect the interests of the United States. 2. Selection of Subcontractorsl Procurement of Materials, and Leasing of EqbJpment: During the performance of this contractt the cont,actort for itselft its assignees and · · or" follows: successorsminterest(heremafter referred to as the "contract ), agrees as a) Compli'ance with Regulation: The contractor will compl,) with the Regulations of the Department o£ Commerce relaH~'e to nondiscrimination in Federally-c~ sisted programs of the Department of Commerce (Title 15t Code of Federal Regulations, Part 8t herein- after referred to c~s the Regulation)t which are herein incorporated by reference and made a part of this contract. b) NondlscHmlnaHon: The contractort with regard to the work performed by it after award and prior to compleHon of the contract workt will not discriminate on the ground of racet colort or national origin in the selection and retention of subcontractorst including procurements of mater[als and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 8.4 of the Regulations, incluJir~g employment practices when the contract covers a program set forth in Appendix A-II of the Regulations. c) Soliciatations: In all solicitations either by competiHve bidding or negotiation' made by the contractor for work to be performed dnder a subcontract, including procuie- ments of materials or leases of equlpmentt each potential subcontractort supplier, or lessor shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the ground of racet color or national origin. d) Information and Reports: The contractor will provide all [nformatlon and reports required by the Regulalionst or orders 'and instructions issued pursuant the,etot and will permit access to its bookst recordst accounts~ other sources of informa~on and its facilities as may be determined by the concerned de-9~*rtments to be pertinent to ascertain compllan~e with such Regulations, orders and instructions. Where any information re- quired of a contractor is in the exclusive possession of another who fails or refuses to furnish this in[ormation, the contractor shall so certify t6 the State Lab6r Department and the Federal Government as approprlatet and shall set forth what efforts it has made to obtain the information. 4 EQUAL OPPORTUNITY (continued) ;) Sanctions for Noncompliance: In the event oF the contractor's noncompliance wHh.the non~J[scHmlnati'on provisions of this Section 11-2, the State Department of Labor ~hall impose such contract sanctions as it of the Federal Government may. determine to be appropriatet includlngt but not limited tot (I) withholding of' payments to the contractor under the contract until the contract unHI until the contractor compliest and/or (2) canceilatlont termination or suspension of the contractt in whole or in part, f) IncorpdraHon of Provision: The contractor wilt include the provisions of Section 11-2 in every subcontract, including procurements of materials and leases of equipmentt unless exempt by the Regulations, orders, or instructions issued pursuant thereto, The contractor will take such action with respect to any subcontractt procurementt or lease as the State Department of Labor, or the Federal Government may direct as a means of enforcing such provisions including sanctions [or nor~compliance; Provided howevert that intthe event a contractor becomes involved ~n, br is threatened with, litigation with a subcontractort suppiert or lessor as a result oF such dkection, the · contractor may request the State to enter into such litigation to protect the interests of the Statet and, in addlti~n, the contractor may request the United States to enter into such litigation to protect the interests of the United ~tateso 5 'INF6RMATION FOR BIDDERS I, FORM OF BID "-. All bids must be made only upon the blank forms provided her~wffh and not detached herefrom. All blank spaces must be filledin~ in[nk~ and must g~vethe j~rlces for each item and/or the aggregate amount for tile workt both in words and I~gures and must be signed and acknowledged by the Bidder. In the event of discrepancies between the prlce~ quoted in the Proposal in words and those quoted in figures, the words shall control. The prJces are to include the furnJshlng of all materials plant equlpment~ tools and all other facilltles~ and the performance of all labor and ser~,ices necessary or proper for the completion of the work~ except such as may be otherwise expressly provided in the Contract Documents. 2. OMISSIONS AND DISCREPANCIES Should a Bidder find discrepancies iht or omissions from Drawings'and/or Contract Documents~ or should he be in doubt as to their meaning, he should at once notify the Engineer~ who may send a writ. ten instruction to all Bidders. No oral interpretafiqn shall be made to any Bidder as to the meaning of any of the Contract Documents. Evep/request for interpretations shall be in wrlt~ng to the EngJneert Chas. H. Sells~ Inc., 11 Farmingdale Road, West Babylon~ NewYork 11704. Attent]on: Mr. Peter Cavadias. 6 INFORMATION FOR BIDDERS - (Continued) 3. BID BOND/CERTIFIED CHECK All bids shall be accompanied by a certified check equal to 5% of the amount of bid made pay'able to the order of the Town of Southold or a bid bond for this amount, as security for faithful performance~ The checks/b~d bonds for all except the lowest b~dder will be returned/released within 30 days after the opening of bids. The check/bond will be returned/ released to lowest bidder when the con~racf is executed. Jn the'event that the bids are rejected, or the project sh~l[ved for any reason, the check/bond wilt be returned/released to the Iow bldde~ wffh~n 30 days therefrom. 4. REJECTION OF BIDS The owner reserves the right to reject any or all bids. Without limiting the generality of the foregoing, any bid which is incomplete, obscure~ irregular or qualified may be rejected; any bid having erasures or corrections iri the Proposal or any bid in which the bid prices are omitted or obvZ0usJy unbalanced may be rejected; any bid accom- panied by an irregular or insufficient bond may be.rejected; any bid received by a bidder who fails to satisfy the owner that he is properly qualified to carry out the obligations of the contract or to c~mplete the work contemplated therein may be rejected. 5. DETERMINATION OF LOW BIDDE~ Except where the owner exercJes the right reserved herein to reject any or all bids~ the contract will be awarded to the bidder that has submitted the lowest base bid or a combination of base bid plus alternates that are in the best interest of the owner. 7 INFORMATION FOR BIDDERS - (Continued) 6. ACCEPTANCE OF PROPOSALS WlthJn ten (10)'days after the opening of the bids, the Owner will act upon them. The acceptance of' the bid will be a notJce in writing signed by the Owner and shall bind the successful bidder to execute the Contract, The Owner ceserves the rJght to postpone the date for presentatJon and opening bids and will give telegraphJc notice of any such postponement to each prospective bJddero 7. EXECUTING CONTRACT AND DAMAGES Within ten (10) days after receiving a notice of acceptance, the successful bidder shall obtain both a Construction Bond and a Labor and Material Payment Bond each equal to 100% of' the amount:'bld from a surety company acceptable to the Owner rind shall deliver them to th~ Owner and shall execute the Contract. Failure to do so shall constitute a breach of the agreement. In such event the amount of the Bid Bond accompanying the bid shall be retained by. the Owner as liquidated damages for suqh breach. 8, TIME FOR BEGINNING AND COMPLETING THE WORK The Contractor shall commence with work within ten (10) calendar days after the execution of the contract and shall complete the work as outlined in Article 4. 8 INFORMATION FOR BIDDERS (ConH-nued) CONTRACTOR'S LIABILITY INSURANCE The Contractor shall secure and maintain such insurance poli- cies as will protect himself, his subcontractors, and unless otherwise specified,.the Owner from claims for bodily injuries, death or property damage which may arise from operations under this contract whether such operations be by himself or by any subcontractor or anyone employed by them directly or indirectly. The following insurance policies are required: (]) Statutory Workmen's Compensation (2) Contractor's Public Liability and Property Damage. Single Limits of Liability: $1,000,000. (3) Contractor's Protective Public Liabilit~ covering op- erations of subcontractors, with same limits. {4) Automobile Public Liability and Property Damage cov- ering both owned and hired vehicles. (Bodily Injury $500,000 each person; S!,0DD,O00 each accident: Prop- erty Damage $250,000 each accident; $500,000 aggregate). Prior to the storage or use of explosives, the Con- tractor shall provide evidence of increase in limits of Public Liability, Property Damage and Contractor's Protective Public Liability Insurance to: Bodily Injury $2,000,000 each accident; Property Damage $1,0OO,O00 each accident. ' Fire and Extended Coverage. (In an amount equal to the bid price of the contract). If any of the rating classifications embody property damage exclusions X, C or U, coverage for eliminating such exclusions must be provided with'same limits. Complete Operations' Liability'Insurance issued to and covering the liability for damages imposed by law upon the Contractor and each subcontractor arising between the date of final cessation, of the work and' the date of final acceptance thereof or the .part of the work performed by each. (5) (6) (7) (8) Certificate of such insurance shall be filed with the Owner and Engineer prior to contract signing and shall be subject to ap- proval for adequacy of protection. Said certificates of insur- ance shall contain a thirty (30) days' notice of cancellation in favor of the"Owner. INFORMATION FOR BIDDERS - (C0ntin~ed) " c) The Contractor will also submit for approval c~t. this time a Progress · Schedule. Failure to comply with any of the provisions of this Sec- tion 9 shall constitute a breach of agreement. In such event, the Bid Bond/Certified Check accompanying the bid shall be called/ retained by the Town as liquidated damages for such breach. If in the event that additional work Js added to this Contract pur- suant to Article 19 of the Ccntract Agreement, the Town Board may in its discretion~ ask for and the Contractor shall provide additional bond covering both the additional work and the guarantee thereon, 10o NO MISUNDERSTANDING The intention of persons intending to make proposals is specifically called to Artic le 3 of the Agr. eement wherein the bidder agrees that he has examined the Contract Documents and the slfe of the work and has fully informed himself from his personal examination of tt~e same regarding the quantitJes~ character and location and other conditions affecting the work to be performed. Particular attention is called to special notes and special specifications in the proposal which may contain contract requirements at variance wJth standard plans and specifications. ' 10 Jr. 11 .............................. 12 13 Nassau Co. (N o{ L. I. E. 14' PROPOSAL FOR RENOVATION OF TWO LIBRARIES TO ACCOMMODATE FACILITIES FOR THE HANDICAPPED TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. Contract No. made by: Name of Bidder ~1.. /"-~1~.I~.~11,,~%. 1~1~0 5~1~,. (Indi~i~ual~ fir~or co~oration~ as case may be) Residence of Bidder R~"r~ Place of Business of Bidder Name of Partners (If' b~dder is a firm, state here the nam~ and residence of each member thereof) Telephone 1177°1~.'7 Residence of Partners If' Bidder is a co~poratlon, fill in the faliow[ng blanks: Organized under the L~s of the State of , ~1~ Name and address of President ~1~1i~ Name and address'of Secreta~ ~l~" ~IEI Name and address of Vice President ..~~ 15A The undersigned also declares that he has carefully examined and fully under- stands Information for Bidders, the Contract Agreement, Specifications, Plans and the Pro p o s a I and he hereby proposes to furnish all the materials, adequate equipment, incidentals and sufficient labor, to progressively do all the work required to construct, finish and complete the work within the time speclf~ed for the project as outlined in Article 4 of the Contract Agreement and other incidental work included in this proposal, in accordance with tht~. prices g~ven below, at his own proper'cost and expense, and in a first class manner and in accordance with the Plans and Specifica,t ions, Notice to Bidders and Instruc- tions to Bidders, all of which are a part of the Contract to such extent as they rd;ate to or govern the obligations herein proposed to be assumed, and Tn accordance with the plans, and specifications and detailed directions or instruc- tions as may from time to time be given by the Engineer at the following prices, ViZ: 15B PROPOSAL FORM FOR: CONTRACT NO. 1 - GENERAL CONSTRUCTION This document constitutes a proposal to do the work specified in the'Contract Documents for this project. Should the Undersigned be a joint venture or other plural entity, the nouns, pronouns, and verbs in the proposal that apply to the Undersigned shall be understood to be written in the plural sense. In submitting this bid the Undersigned declares that he is the only person' interested in the said bid, that it is made without any connections with any person making another bid for the same Contract, that the bid is in all respects fair and Without collusion, fraud or mental reservation, and that no official of the County, is directly or indirectly interested in said bid or in the supplies or work to which it relates, or in any portion of the profits thereof. The Undersigned also hereby declares that he has carefully examined the Drawings, Specifications and form of Contract and that he has personally inspected the actual location of the work together with the local sources of supply, has satisfied himself as to all the quantities and conditions, and understands that in signing this proposal he waives all right to plead any misunderstanding regarding the same. The Undersigned further declares that he has. received and examined following addenda: Addendum No. ~ Dated~ Addendum No. Dated the Addendum No. Dated Addendum No. Dated 15C PROPOSAL FORM (Continued) The Undersigned further understands and agrees that he is to furnish all labor, materials, equipment, supplies and other facilities and things necessary and required ~Cor the execution and completion of the following contracts, with lump sum prices as divided hereinunder: CONTRACT NO. 1 - GENERAL CONSTRUCTION in strict accordance with the Contract Documents for the lump sum prices of: A. Mattltuck Free Library Southold Library (Written in figures) (Written words) (Written in figures) Total Sum Bid for A. and B. J~'~JJ~ Jl~JJ~ (Written words) (Written in figures) as part of these lump sum prices bid, the Bidder shall include unit prices as enumerated hereinafter. UNIT PRICES The Contract shall include unit prices as herein stated. Should the amount of work required by Contract Documents be increased or decreased, the Undersigned agrees the following unit prices shall be used as a basis for computing the cost to the Owner, or the credit due the Owner, as the case may be, for such increases or decreases in the work. The listed unit prices shall also be used for determing the value of Allowances included in the Specifications. Prices shall be on the basis for furnishing oil labor, material, equipment and other related items necessary for completion of work (in place). The quoted figure shall include the Contractor's overhead and profit. The amount of unit prices for additions shall not vary by more than 15 per cent from thel~rices inserted by the bidder for deductions. The Engineer may adjust the deductions or additions inserted by the bidder so that it conforms to this requirement. The Owner hereby reserves the right to order any addition or deduction of materials on the basis of unit cost figures quoted. 15D UNIT PRICES (Continued) CONTRACT NO. 1 - GENERAL CONSTRUCT!ON 2. 3. 4. 5. 6. 7. 8. 9. 10. 12. 13. 14. 15. 16. 17. 18. 19.' 21. 22. 24. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 4. Hand Excavation Machine Excavation Curb Removal Sidewalk Removal Slab Concrete Concrete Curb Concrete Sidewalk, 5" Thick 6"x6" 10x 10w.w. Mesh Preformed Bituminous Expansion Joint Filler Saw Cutting Dense Graded Aggregate Base Course Preparing Fine Grade Pavement Seal lng Painted Lines & Figures 6" Concrete Block Partition 8" Concrete Block Partition 6" Glazed Block Partition Aluminum Pipe Railing Bronze Railings Steel Pipe Railings Stainless Steel Railings Toilet Partition Hollow Metal Door Frames 3' - 0" x 7t -'0' Hollow Metal Doo~ 3' - 0" x 7' - 0" Solid Core Wood Doors 3' - 0'! x 71 x 0" Glass Exterior Doors 3' - 0" x 7' - 0" Paneling 4' x 8' Lintels Closers Hollow Core Wood Doors Wood Stud and Gypsum Board Partitions Ceramic Tile Floor Ceramic Tile Walls Parking Signs Exterior Signs Grab Bars Mirrors (Toilet) Marble Saddle Soap Dispenser Towel DiSPenser Sanitary Napkin Dispen,~r Handicapped LaVatory, Carrier and Fittings Handicapped Urinal, Carrier and Fittings Handicapped Floor Mounted Water Closet and Fittings Wall Hung Water CJoset and Fittings Handicapped Electric Water Cboler Handicapped Water Fountain 15E UNIT' ADD b[DUCT cu. yd., cu. yd. lin. ft. sq. ft. cu. yd. cu. yd. cu. yd. sq. ft. lln. ft. lln. ff. cu. yd. sq. yd. sq. yd. sq. ft. sq. ft. sq. ft. sq. ft. lin. ft. lin. ft. lin. ft. lin. ft. lin. ft. ea. ' ea. ga. ea. ea. ea "- ~o 'ea. sq. ft. sq. ft. sq. ft. sq,. f~. eo° ea · eo. eOo ea, $ $ $ $ $ $ ea. $ $ ea. $ S- ea. $ ea. PROPOSAL FORM (Contlnuted) BID SECURITY Accompanying this proposal is a bid bond, bank draft or certified check in the amount of $ In case this proposal shall be accepted by the Owner, and the Undersigned shall ~ail to execute the Contract and in all respects comply with the provisions of "Bid Security" as set forth Jn "Instructions to Bidders", the monies represented by such bond draft, certified check or bid bond, shall be regarded as liquidated damages and shall be forfeited and become the property of the Owner~ otherwise to be returned to the deposit~>r as provided in the above said provisions in "Instructions to Bidders". COMPLETION It is intended that the work under this Contract be substantially complete within 90 days after signing of Contract. ELIMINATION OF WORK IN THIS PROPOSAL The Undersigned further declares that he is aware of the Owner's right to totally or partially, eliminate work from any or all Contract or Contracts covered by this Proposal~ and that this will be accomplished by totally eliminating a payment item or elimination of a portion of the estimated quantities upon which the bid has been prepared, without a revision to unit price. The Undersigned further declares that should the Owner desire to change the description of work within a payment item, that specific agreement upon the payment item as revised will require submission of a revised unit or lump sum price based on the included or excluded work. ' 15F PROPOSAL FORM (Continued) SUBSTITUTIONS This proposal is based on all items exactly as shown or specified. The substitutions listed below or attached hereto are offered for consideration of the Owner and the corresponding amounts indicated may be deducted from the base proposal to reduce the Contract price if accepted. SUBSTITUTIONS DEDUCT 15G PROPOSAL FORM (Continued) NON-COLLUSIVE BIDDING CERTIFICATION By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty or perjury, that to the best of their knowledge and belief: The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor: Unless otherwise required by law, the prices which have been quoted in thins bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly to any other bidder or to any competitor: and No attempt has been made or will be made by thelbidder to induce any other person, partnership or corporation to submit or nor to submit a bid for the purpose of restricting competition. Dated ~ , 19 Corporate Seal The P.O. Address of the Bidder is: Street City and State 15H PROPOSAL FORM (Continued) On acceptance of this proposal for said work the Undersigned hereby binds himself or themselves to enter into written Contract with the Owner within two (2) weeks of date of notice of award, and to comply in all respects with the provisions set forth in "Instructions to Bidders" and "General Conditions of Contract", in relation to security for the faithful performance of the terms of said Contract. If A Corporation NAME Il et ADDRESS PRESIDENT SECRETARY TREASURER NAM~ OF MEMBERS If A Firm ADDRESS 15) BIDDERS QUESTIONNAIRE Name and Address of Bidder Bidders will furnish the following int'ormadon: list only similar type of work performed: CONTRACT DATE FOR WHOM PERFORMED AMOUNT COMPLETED 2q;ooo PII'I Bidders will answer the following questions: 2) Have you ever failed to complete any work awarded to you? It' yes, state where and why Has any officer or partner of your organizat on ever been an officer or partner of some other organ[zatl.on that failed to complete a contract?' It' yes, state name of mdlvidual, other organization and reason therefore: 3) 4) Has any ot'ficer or partner of)~our organ zation ever failed to complete a contract handled in his own name? I~ If yes, state name of individual and reason therefore: In what other lines of business are you financially interested? 5) The work, it' awarded to you, will have the personal supervision of whom? 6) Do you have, or can you obtain, sufficient men and equipment to commence work when required by "Information for Bidders"? 7) Name the ~urety company to whom you intend to apply Iror a performance hand: (Answer only if bond is required) .~1~'11,~ 11~. BIDDER'S QUESTIONNAIRE (Continued) 8) What Long Island u'n[ts of government can you g~ve as a reference? 9) In emergencies, either day or night, what telephone or telephones should be called [or immediate action? ql'/- lo'2.1 by: tffle ot person s~gmng IMPORTANT: THIS AND PREVIOUS PAGEMU.ST BE FILLED OUT OR BID WILL BE REJECTED. 17 [HE APPROPRIATE SECTION OF THIS PAGE MUST BE SIGNED BY ALL ItlDDERS NON-COLLUSIVE BIDDING CERTIFICATION SEC. 103-d GENERAL MUNICIPAL LAW By submission of. this bldt each bidder and each person signing on behalf of any bidder cerfit~est and in the case of a joint bid, each party thereto certifies as to its own mganlzatJon, under penalty of perjuryt that to the best of his · kn°wledge and belief: I. the prices in this b]d have been arrived at independently wffhout coJluslont consultation, communication or agreement, for the purpose of' restdcHng compeHtlon~ as to any matter relating to such prices with any other blddert or wifh any competitor; o Unless otherwise required by law~ the prices which have been quo'ted in this bid have not been knowingly disclosed by the bidder prior to opening, .directly~ or indirectly to any other bidder or to any compeltor; and e Affix Seal if. Principal' is Corporation No attempt has been made or will be made by the bidder to induce any other person, partnership Or corporation to submit or not to submit a bid £or the purpose at' restricting competition. I hereby affirm under the penaltles perj'ury that the foregoing statement is true. IF A CORPORATION The following is a certified copy'of, resolution authorizing the executJon of this certificate by the signator of this bid or prol~sal in behalf of. the corporate bidder be resolve, d that . ~/1~1~1.,, . C&I~..~ authorized t.o s~gn and submit th~Bid or pr61~Ssal of. this cmporation for the p,oject on itemsdescribed~ herein, in the Not~ceto Bidders, Bid// and to include [n such bid or proposal the Certificate as to non-collusion required by secHon 103d oF the General Mun~cJpaJ Law as the act and deed o[ such co~ora- tJon~ and for any inaccuracies oF mJsstatement Jn such c~[ficate this co~orate bidder shall be liable under the penalties o[ perju~. The f.oregoing is a true and correct copy of the resolution adopted by (,0('4,~2,..,21N! kl~lD SO'NS; IN'C ,corporation ot a meeting of its Board or Directors held on the I~r day.,~ f..~ ~i/T,.r), ,,,,19 ~l sea, of C or par arian ' /~/J,///~~ , "C'~S~rct~'~' ,,~ Th, p_qbove - name bidder afl]fins and declares: Io That sald bidder is o[ lawful age and the only one interested in this bld~ and that no person~ firm or corporation other than hereinabove name has any interest in ,this bld~ or in the contract proposed to be entered into. That this bid is made without any understandlngf agreement or connection with any other person, firm or corporation making a bid for the same materials~ supplies or equlpmentf and is in all respects fair~ and without collusion or fraud. Tha.t said bidder is not in arrears to the Owner'upon debt or contract~ and is not a defaulter~ as surety or otherwlse~ upon any obligation to the Owner or any other Municipality or School D~strict in the County of Suffolk° 4° That he has carefully examined the site of the work~ that from his own in- vestigation, he l~as satisfied himself as to the nature and location o~' the work, the character, quality and quantity of existing materials, and all difficulties likely to be encountered~ the kind and extent of equipment and other facilities needed for the performance of the workf and general and local conditlons~ and all other items.wh[ch may~ in any way~ affect the work or its performance. 5. On acceptance'o[ this proposal For said work the undersigned does or do bind himself or themselves to enter into written contract with the Owner as specified in the "Information For Bidders". 19 In default of the performance of any of the condlt[ons required in making this bid, the undersigned agrees that the certified check/bond which is herewith deposited with the Town shall be retained by the Town as liqui- dated damages for such default or fraud, otherwise the bond/check will be returned to the successful bidder as noted in the "Information for Bidders", Legal name of person, f[rm, or corporation making bid: COK 'Z. .IIdI NOTES I. Where a bidder is a firm, the bid must be signed in the name of' the firm by a member of' the firmt who must sign his own name immediately there- undert as Ao & B. Co.t by C.A.t Partner. 2. Where a bidder is a cor~oratlont the bid must be signed in the name of the corporation by some duly authorized of'fiber 8r agent thereof having knowledge of' the matters stated Jn the bidt and such officer or agent shall also subscribe his own name~ as: A. Bo Companyt by D.Cot Presldentt and the seal of' the corporation must be affixed. The bid must be sworn to by the person signing itt ir~one oF the following 21 (Form of al'fidavlt where b~ddcl' is an individual) STATE OF NEW YORK) ) SS.; COUNTY OF ) beJng duly sworn, says: I am the person des- cribed in and who executed the Foregoing bid and the several matters therein stated are in all respects true. Signature of person who signed the bid Subscribed and sworn to before me this day alr Notary Public County of (Form of affidavit where bidder [sa Partnership) STATE OF NEW YORK) COUNTY OF ) belng duly sworn, says: I am a member of the Firm described 'in and which executed the foregoing bid. I subscribed the name of the firm thereto on behaff of the Firm, and the several matters therin stated are in all respects true. Subscribed and sworn to before me this day of Notary Publi'c Signature of person Who s~gned the bid 19 County of 22 (Form of affidavff where bidder Is a corporation) · STATE OF NEW YORK) · ) COUNTY OF ~LI( which executed the foregdng bid. in the ~ ~,4~,~l~OqKT J~/:~/¢, (~OI.I¥2'Z, 1~G~ being duly sworn, says: I am the Co~oratlon~ the a~ve named co~oration whose name is subscribed to a nd I resldeat ~ ~1~ ~. ~ New York. ~ have knowledge o[ the several matters therein stated~ and they are in all respects true. Subscibed and sworn to before me this Notary Public ~/~, County of .. JUDITH NOTARy PUBL C No ~2 03449,:'~ ~, - ~ew York '~ u?~u fto/k Cou n,~.~_~ Commission Expires March 30 23 DISCLOSURE STATEMENT In. connecHun with the submlss[on o1' thls bid t'or ~l~tl.~l.,, Cllll. ll¥~'J, IRlt Name o[ Contractor I~, J)~l:jl,.I I,.. ~..~.Jl,~ll~"J.~ Iit,1% lhe *(applicant herein}, (an officer or agent of the corporate applicant) namely its (affirms) under the penalties of perjury that: *(swears) or (Title) Io The following persons have a direct or indirect interest in this bid: Month Day Year · Name A Name Address Date of Birth Name Address Date of Birth (In case of corporations, all officers of the corporatlonf and stockholders owning more than 5% of the corporate stock must be listed. Attach. an additional sheeb if necessary.) 2. The following persons listed in (I) above are related by blsod or marriage to an officer or employee of the Owner. ' Name Relationship 'Name/Position of Employee/ Officer Name Relationship Name/Position of Employee/ Officer 3. The Following persons listed in (I) above are state or local officers or employees~ or members of a board of commissioners or local public authoritlest or other public corporation within Suffolk (exclusive of a volunteer Fireman or civil defense volunteer): Name Employee Position Name Employee Position False statements made herein are punishable as a Class A misdemeanor pursuant to 210.45 of the' Penal Law. *Cross out phrases ,hal' are not applicable. , SIGIqA-TU kE -24 CONTRACT AGREEMENT THIS AGREEMENT~ entered into this 19 $ ~ · by the Town of Souihold acting by and through the' Supervisor dayof ~P'r , hereinafter referred to as Owner pursuant to the statue, and , a ccrporat~on organized and ex~stlng under the laws of the State of New York· a partnership consisting an ind~vldual tmdlng as of the c~ty of ~.~1~i~1~1~1t~ hereinafter called the "Contractor"° · ~n the State of ~ .~r~o , WITNESSETH· that the Owner and the Contractor, for the cons~deraHon here~n- after named~ agreed as follows: 25 CONTRACT AGRkIMENT (Continued) Artlclel. WORK TO BE DONE The Contractor shall (a) furnish all the materials, appllances~ tools and labor o£ every kind required, and construct and complete the work in the most substantial and workmanlike manner, as shown in the Plans and in accordance with the ' "Standard Specifications" of January 2, 1973 of the New York State Department o£Transportation as amended which contain the General Specifications and Conditions of Contract~ Materials of Construction and Payment Items; and (b) do everything requ[red by the Contract (Contract Docu- ments) as defined herein. 26 CONTRACT AGREEMEI~JT (Continued) Article 2. DOCUM[N'I'S FORMIi'.IG TIlE CONI'RACT The Contract (and Contract D~cuments) shall be deemed to include ' the "Notice to Bidders", the "Specifications" re[erred to above: the plans~ any addenda to specifications ;f the same are issued prior to the date of receipt of proposal; special specifications: and all provisions required by law to be inserted in the Contract whether actually inserted or not. The New Yor~ State Department of' Transportation Specificatio. ns of January 2~ 1973, as amended, referred to are intended to apply to this con- tract as though the Town of Southold were the State of New York. References to the Superintendent and District Engineer shall be construed to mean the Engineer and references to the Department shall be construed to mean the office of the Engineer, Chas. H. Sells, Inc.~ 11 Farmingdale Road~ West Babylon, New York. Part I~ Part II and Part III of' the New York State Department of' Transportation Standard Specifications of J.anuary 2~ 1973, as amended shall be cons;tiered applicable to this contract. 77 CONTRACT AGREEMENT (Continued Article 3. EXAMINATION OF DOCUMENTS AND SITE The Contractor agrees that, before making his proposal, he carefully examined the Contract Documents, together with the site of the proposed work as well as its ~urrounding territory, and Js fully informed regarding alt of the conditions affecting the work tO be done and labor and materials to be furn[shed for the completion of this contract, including the existence of poles, wJres~ pipes ard other faclJitJes and structures of munJclpal and other public services corporations On'~ over or under the site, and that his information was secured by personal investigation and research and not from the estJmafe or records of the Owner~ and that he will make no claim against the Owner by reason of estimates, tests or representations of: any officer or agent of the Owner. 28 CONTRACT AGREF_~ENT (Continued) Article 4. DATE OF START AND COMPLETION The Contractor further agrees that he will begin the work herein embrace within ten (10) days of.the date hereof wrltlng~ is given to begin at a later dates and that he will prosecute the same so that it shall be entirely completed and ~pefformed wlth~n maximally 45' . calendar days. (Base Bid Only) No extension beyond the 'date of completion fixed by the terms of this Contract shall be effective unless in wrJtlng signed by the Owner. Such ex- tension shall be for such time and upon such terms and conditions as shall be t~ixed by the Owners which may include a charge for englneerJng and inspection expenses actually incurred upon the work, NoHce of AppllcatJon for such ex- tension shall be filed with ~he Owner as soon as it is evident that there will be a problem meeting the date of completion fixed by the terms of this agreement or at least thirty (30) days prior to that date whichever is greater, The number of contract da.ys will automatically be increased if it is in the best interest of the Town to accept any or all of the alternates. The maximum number of' days aJlowed for the base bid plus both alternates will be 29 CONTRACT AGREEMEJ',IT (Continued) Article 5o ALTERATIONS AND OMISSIONS The said work shall be pert'ormed ~n accordance with the true intent and .meaning of the Contract Documents without any further expense o f any nature whatsoever to the Owner other than the consideration named in this agreement. The Owner reserves the rlght~ at'any tlme~ during the progress of the work~ to alter the plans or omit any portion of the work as it may deem reasonably necessary for the p.ubl[c interest; making allowances for additions and deduct- tlons at the prices named in the proposal~ for this work without constffut[ng grounds for any claim by the Contractor for allowance for damages or for any loss of anticipated profits, or for any variations between the approximate quantities and the quantifies of the work as done~ 3O CONTRACT AGREEMFNT (Continued) Article 6. NO COLLUSION OR FRAUD The Contractor hereby agrees that the only person or persons interested as principal or principals in the bid or proposal submitted by the Contractor for this contract are named herein, and that no person other than those men- tioned herein has any ~nterest Jn the above-mentioned proposal or in the securing of the awardt and that this contract has been secured without any connection with any person or persons other than named, and that the propo- sal is in all respects fair and was prepared and the contract was secured with- out collusion or fraud and that neither any officer nor employee of the Owner has or shall have a financial interest in the performance or' the contract or in the supplles~ work or business to which it relatest or in any portion of' the profits thereo£, 31 Article 7, CONTRACT AGREEMEN.T (Continued NO ESTIMATE FOR CONTRACTOR'S NON-COMPLIANCE It ~s further agreed that so long as any lawful or proper direction concern- ing the work or material given by the Engineer shall remain uncompHed wltht the Contractor shall not be entitled to have estimate made for the purpose of payment, nor sl~all any estimate be rendered on account of work done or material furnished until such lawful or proper direction aforesaid has been fully and satisfactorily complied with. Article 7A. PAYMENT OF ESTIMATES On the faithful performance of the work of the contract and its acceptance by the engineer of the Ownert the Owner hereby agrees to make payments to the Contractor therefore based upon the proposal made. a part of this contract in the following man'ner, to wit; the Engineer shall once each month, on such days as he may fix~ make an estimate of the quantity of work done and of material which has'been actually put in place in accordance with the terms and conditions of the contract~ during the preceding month and compute the value thereof~ and the Owner shall pay to the Contractor all monies due as computed in said estimate as completed and. accepted. If, however, the amount earned by the Contractor in any one month except the month in which the final estimate is rendered should be less than five (5) percent of the contract amount or $1 ~000~.00~ whichever is the lessert no monthly estimate will be given for that month. 32 CONTRACT AGREEMENT !Continued) Article 8 FINAL ACCEPTANCE OF WOI~K When~ in the opinion of the Engineer~ a contractor has fully performed the work under the contract~ the Engineer shall recommend to the Owner the acceptance of the work so completed. If the Owner accepts the recommenda- tion'of the Englneer~ they shall thereupon~ by letter~ notify the Contractor of such acceptance. 33 CONTRACT AGREEMENT (Continued) Article 9 FINAL PAYMENT After the final acceptance of the work~ the Eng[neer shall prepare a final estimate of the work done 'from actual measurements and computations relating to the same~ and he shall compute the value of such work under and according to the terms of the contract. This estimate shall be certified to as to its correctness by' the Engineer and shall be submffted to'the Owner for approval. The right~ however~ [s hereby reserved to the Owner to reject the whole or any portion of the final estlmate~ should the said certificate of the Engineer be found or known to be ~ncons[stent with the terms of the agreement or otherwise improperly given. W[thin thirty(30) days of the final estlmate~'the monies found to be due and owing to the Contractor shall be paid. As security for compliance with Article 10 before final payment for the work in this contract~ the Contractor agrees to give a maintenance bond for a perlcd of one (I) year~ and any additional guara'n~ees as outlined in the specificati'ons~ with a surety company acceptable to the Owner for 100%.of the total amount of the contract as shown on the Engineers final certificate. 34 CONTRACT AGREEMENT (Continued) Article 10. CONTRACTOR'S GUARANTEE The Contractor hereby agrees to repair any Jmperfectlons that may arise and to ma~ntain, in a manner satisfactory to the Owner, all of his work for a perbd of one (1) year from the date.of final acceptance of the contract. The Contractor also agrees, for this period~ to indemnify and save'harmless the Owner, its officers and agents from any injury done to property or persons 'as a direct or alleged result of imperfections in his work. CONTRACT AGREEMENT (Continued) Article II. RIGHT TO SUSPEND WORK & CANCEL CONTRACT It is further mutually agreed that if any time during the prosecution of the work the Engineer shall determine that the work upon the contract is beingperformed according to the Contract~ or for the best interests of the Owner~ that the Engineer may suspend or stop the work under the Contract while it Js in progress~ and that the Owner shall thereupon cause the work to be completed~ in such manner as will be Jn accord with the Contract, plans and specifications and be in the'best Jnterest of the Owner, not Whenever the EngJneer determines to suspend the vork or stop the work under the Contract~ he shall immediately notJfy the Owner in writing who shall send a written notice of' such suspension by mall to the Contractor at hJs address and to the sureties at theJr respective addresses and such wrltte~ notice shall be sufficient notice of the Owne?s action in th'e premises, 36 CONTRACT AGREEMENT (Cuntlnued) Arffclel2, DETERMINATION AS TO VARIANCES In case of any ambiguity in the plansf specifications or mapsf or between any of themf the matter must be ~mmediately submitted ~'o the Englneer~ who shall cause the same to be adjusted~ and his decision in relation thereto shall be final and conclusive upon the parties. 37 CONTRACT AGREEMENT (Continued) Article 13. REMOVAL OF REJECTED WORK & MATERIAL The Contractor agrees that all work or material which may be rejected by the Engineer shall be at once removed from the site of the work by the Contractor at his own expense~ and replaced by work or material satisfactory to the EngJneer, 38 CONTRACT AGREEMENT (Continued) A'rticle. 14 SUBLET[II,1G OR ASSIGNMENt The Contractor shall not asslgnt transfert conveyf sublet or otherwise dispose of this contract or of his right~ title or interest in or to it~ or any part thereof~ or his power to execute'it or asslgn~ by power or' attorney or otherwise~ any of the monies due or to become due under this agreement unless the previous written con- sent of the Owner shall be first obtained thereto~ and giving of any such consent to a particular subcontract or assignment shall not dispense with the necessity of such consent to any further Or other subcontracts or c~slgnments. Before making any subcontracts~ the Contractor r~ust submit a written state- ment to the Owner giving the name and address of the proposed subcontractor~ the portion o£ the work and materials which he is to perform and furnish any satlsfac-' tory evidence tending t~ prove that the proposed subcontractor has the necessary facilltles~ skillf integrity~ experience and financial resources to perform the work in accordance with the terms and conditions of this contract, At the same tlmet the Contractor must furnish the Owner with a certificate bf workmens compensa- tion coverage of the employer of the proposed subcontractor. If the proposed subcontractor is approved~ the Contract. or shall promFtlyt upon-" request~ File with the Owner a conformed copy of the subcontract. The Owner may revoke approval of the subcontractor when~ in its oplnion~ such subcontractor evidences an unwillingness or inability to perform the work in strict accordance with this contract. No c~signment will receive approval unless the instrument of assignment con- tains a clause to the effect that the funds to be paid the assignee are subject to a prior lien for services rendered or materials supplied for the performance o[ the work in favor of oil persons~ firms or corporations rendering such services or supplying such materials, 39 CONTRACT AGREEMENT (Continued) afflcle 14. SUBLETTING OR ASSIGNMENT (continued) The Owner's approval of the subcontractor shall not relieve the contractor of' any of' his responslbilitles~ duties and llabiliiies hereunder, The Contractor shall be solely responsible to the Owner For the acts or default of his subcon- tractors and of such subcontractor~s offi..cers~ agents and employees, each of' whom shall for all purposes be deemed to be the agent or employee of the Contractor, Nothing contained in the contract documents shall create any contractural relationship between the subGcontractor and the Owner, A~cle 15, CONTRACT AG REEMENT LABOR LAW The Contractor specifically agrees to con£orm to all provisions oF the Labor Law of the State oF New York applicable to the employment o£ labor at the site ot' the project and to the applicable laws or' the Federal Government~ including the Davis Bacon Act. Schedules oF the m~nlmum hourly wage rates a~ determined by the Industrial Commissioner oF the State oF New York and the Federal government pursuant to the Labor Laws is intended to comply with such laws and are included herein, 41 A~icle 16 CONTRACT AGREEMENT (Continued) EXTENT OF THE OWNERS LIABILITY The Contractor specifically agrees that the contract shall be dee med 'executory only to the extent of the monies availabtef and no liability shall be incurred by ihe Owner beyond the monies available for the put- 42 CONTRACT AGR L EM El'lT.(Continuedi Article 17. INSURANCE The Contractor agrees to'procure and maintain during the llfe of this con- tract~ insurance of the klnds~ types and limits required by the State of New York in the "Standard Specifications" of January 2, 1973, as amended' or specifically required. The Contractor shall furnish the Owner a certificate or certificates of insurance in form satisfactory to the Owner~ which certificates shall llst the various coverages and shall state that the policies shall not be changed nor cancelled until thirty (30) day's notice has been given to the Owner. The Contractor shall not pen'nit any subcontractor to begin ,?ork on the contract untll such subcontract is officially approved by the Owner and until all necessary insurances covering said subcontractor are on file with the Owner. See page 9, paragraph 9, Information for Bidders. 43 CONTRACT AGREEMENT (Continued) Article 18. INCREASE - DECREASE QUANTITIES In entering into this contract~ the Contractor agrees that the quantities of work as stated in the Notice to Bidders~ or indicated on the plans or in the specffications~ are only approximate and, that during the progress of the workf the Owner may find it advisable and it shall have the right to omit portions of the work and to increase or decrease the quantities. The Contractor shall and will at no time make claim for anticipated profit or loss or profits~ because of any difference between the quantities of the various classes of' work actually done~ or of' the material actually furnished and the said estimated quantities. 44 CO*NTRACT AGREEMENT (Continued) Article 19. ADDITIONS - DEDUCTIONS ~ DEVIATIONS The Contracfort in entering info this contract~ understands that the Owner reserves the right to modify the same with respect to the arrengement~ charactert alignment, grade or size of the work or appurtenances whenever, in its opinion, it shall deem it necessary or advisable to do so. The Contractor shall and will accept such modifications, including additional locations, when ordered in writing by the Owner through the Engineer and th~ same shall not violate or void this contract. The Owner's determination oF any such additional compensation or of any such deduction shall Be based upon the bids submitted and accepted. In a~y eventf no modifications Jn the work shown on the plans and described in the specifications shall be made, unless the nature and extent thereof has first been certified by the Owner in writing and sent to the Contractor. 45 Article 20, CONTRACT AGREEMENT (conHnued) coNTRACTOR'S LIABILITY The Contractor shall be responsible for all damage to llfe and property due to activities of the Contractor, his sub-contractors~ agents or employees~ in connection wffh his services under this'Agreement, The Contractor specifi- cally agrees that his sub-contractors, agents or employees sFall possess the expedence~ knowledge and character necessary to qualify them [nd~vldually for the partlcular duHes they perform, Further~ it [s expressly understood that the Contractor shall indemnify and save harmless the Owner from claims sults~ actlons~ damages and costs of every name and descr[ptlon resulHng -. from the negligent performance of the services of the Contractor under thls Agreement~ and such [ndemnificatlon shall not be reason of enumeration of any insurance coverage herein provided. Negligent performance of serv]ce~ within the meaning of this Art~cle~ shall [nclude~ in addltlon~ to negligence founded upon tort~ negligence based upon the Contractorts failure to meet professional standards and resulting in obvious or patent errors in the progres- sion of h~s work. Nothing in this Article or in this Agreement shall create or give to third parties any claim or right of action against the Contractor or the Owner beyond such as may legally exist irrespective or' this Article or this Agreement. 46 CONTRACT AGREEMENT !continued) Article 21, SHOP OR SETTING DRAWINGS The Contractor shall submit promptly to the Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid, Shop drqwlngs at the time of submission to the Engineer~ must bear. the stamp of approval of the Contractor as evidence that such drawings and/or details have been checked by the Contractor, Any drawings submitted without such stamp of approval will be returned to the Contractor for resubmission and will not be considered; in such event Jt will be deemed that the Contractor has not complied with the requirements of thJs Artlcle~ herein speclfled~ and shall bear the risks of delays as if no drawings or details at all had been submitted. Shop drawings whi'ch involve change or variance with Contract Drawings shall be so noted by Contractor· Engineer shall be duly advised~ in wr!ting~ at the time of submission of drawing of recommended change and reason therefor· After examination of such drawings by the Engineer and the return thereof~ the Contractor shall make such corrections to the drawings as have been indicated and shall furnish the Engineer with two corrected copies, Regardless of corrections made in or approval given to such drawings by the Englneer~ the Contractor will nevertheless be responsible for the accuracy of such drawings and for their con- formlty to the Plans and Speclfications~ unless he notifies the Engineer~ in writing of any devlatJons at the time he furnishes such drawings. 47 CONTRACT AGREEMENT (continued) Article 22. MATER'IALS, .SERVICES AND FACILITIES It is understood thatv except as otherwise specifically stated in the contract documentsv the Contractor shall provide and pay for all materlats~ labor~ t'oolst equlpmenb watert llghttpower~ transp0rtation~ supedntendence~ temporary ConstrucHon of every nature~ and all other services and facHiHes of every nature whatsoever necessary to execute~ complete~ and deliver thework within the specified time, Any work necessary to be performed after regular hours~ on Sundays or Legal I-blldays~ shall be performed w~thout addrtmna expense to the Owner and shall be undertaken only upon approval by the Labor Department or other. jurisdictional governmental agencies, 48 CONTRACT AGREEMENT - (continued) Article 23, INSPECTION AND TESTING OF MATERIALS All materials and equipment used in the construction of the project shall be subject to adequate ]nspectlon and testing in accordance with accepted standards· The laboratory or [nspectlon agency shall be selected by the Owner. The Owner will pay for all laboratory inspection serMce d]rect~ and not as a part of the contract, Materials of construction~ particularly those upon Which the strength and durability of the structur'e may depend~ shall be subject to inspection and testing to establish conformc~nce with sFec.;ficatlons and suitability for uses ntended, 49 CONTRACT AGREEMENT (Continued) Article 24. SURVEYS, PERMITS, AND REGULATIONS Unless otherwise expressly provided for [n this contract~ the Owner will furnish to the Contractor vertical and horizontal control points. It is the Contractor s respons~bhty to verify data and to survey the project himself for construction purposes. The Contractor shall procure and pay for all permits, licenses and approvals necessary for the execuHon of this contract. The Contractor shall comply with all laws~ ord[nances~ rulesf ordersf and regulations relating to the performance of the worl% the protection of adjacent property~ and the maintenance of passageways~ guard fences or other protective facilities. It shall be the contractor's responsibility to obtain any and all bonds and insurances required by any and all mun[clpa!itles pHgr to obtaining the required work permits. 5O CONTRACT .A, GREEMENT (cot~:~ ~ued) Article 25. CONTRACTOR'S OBLIGATIONS The ContraCtor shall and will, {n good workmanlike manner~ do and perform all work and furnish all supplies and materials, machinery, equipment~ facilities and means~ except as here~n otherwise expressly specified~ necessary or proper to perform and complete all the work required by this contract~ within the time herein specified~ in accordance with the provisions of this contract and said specifications and in accordance with th~ plans a,nd drawings covered by this contract and any and all sull~lemental plans and drawlngs~ and in accordance with the directions of the Engineer as given from t[me to time during the progress of the work. H~ shall furnlsh~ erect~ maintain and remove such construction plant and such temporary works as may be required. The Contractor shall observe~ comply with, and be subject to all terms~ condltlonst requlrements~ and limitations of the contract and speclficatlons~ and shall do, carry on~ and complete the entire work to the satisfaction of the Engineer and the Owner. 51 CONTRACT AGREEME.NT (Continued) ArtiCle 2~. WEATHER CONDITIONS In the event of temporary suspension of work~ or during inclement weather~ or whenever the Engineer shall dlrect.~ the'Contractor will~ and will cause his subcontractors to protect carefully his and their work and materials against dam- age or injury from the weather, If~ in the opinion o f the Eng[neer~ any work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any of his subcontractors to so protect his work~ such materials shall be removed and replaced at the~ expense of the Contractor. 52 CONTRACT AGREEMENT Article 27. PROTECTION OF WORK AND PROPERTY The Contractor shall at all times safely guard the Owner's property t'rom injury or loss Jn connection with this contract. He shall at all times safely guard · and protect his own work~ and that of adjacent propertyv from damage. The Contractor shell replace or make good any such damage, loss or injury shobld be ~au~ed directly by errors contained in the contract or by the Owner~ or his duly authorized representatives. ~ 53 CONTRACT AGREEMENT (Continued) Article 28. INSPECTION The authorized representatives and agents of. the office of the owner shall be permitted to inspect all workt materialst payrolls, records of' personne!, invoices' oJ' materials~ and other relevant data and i'ecords o 54 CONTRACT AGREEMENT (Continued) Article 29. REPO, RTS, RECORDS AND DATA The Contractor shall submit to the Owner such schedule o£ quantities and costs, progress schedules, payrolls, reportst estimates, records and other data as the Owner may request concerning work pert'ormed or to be pert'ormed under th~s contrac, t. S~e attached F~rm 257'Monthly Utilizatlon Report~" weekly payroll .reporting form WH3.47~ Contractors Certification ~:oncernlng Laba' Standards and Prevailing Wage Requirements HUD1421,Sub-contractor~s CertiFication concerning Labor Standards and Prevailing Wage Requirements ~ HUD 1421 and Contractor's' Statement' of Compliance. 55 CONTRACT.AGREEMENT (continued) Article 30. EXTRAS Without invalldatlng the contract~ the Owner may order extra work of the kind bid upon or make changes by alteringf adding to or deducting from the workv the co~tract sum being adjusted accordingly~ and the consent of the Surety being first obtained where necessary or deslral?le, All the work of the kind bid upon shall be paid for at the price stipulated in the proposal~ and no claims for any extra work or materials shall be allowed unless the work ~s ordered in writing by the Owner or its Englneer~ acting officlally for the Owner~ and the prlce as stated in the order. CONTRACT AGREEMENT (Continued) Article 31. RIGHT OF THE OWNER TO TERMINATE CONTRACT. In the event'that any of the provisions of this contract are violated by the Contractort or by any of his subcontractorst the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the contractt such notices to contain the reasons for such intention to terminate the contract~ and unless ~vlthin ten (10) days~ after the serving of such notice upon the Con- tractor~ such violations or delay shall cease and satisfactory arrangement or correction be made~ the contract shall~ upon tt~e expiration of said ten (10) dayst cease and terminate. In the event of any such terminat[oh~ the Owner shall immediately serve notice thereof upon the Surety and the Contractor~ and the Surety shall have the right to take over and perform the contract: Provlded~ however~ that if the Surety does not cc~mmence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termlnation~ the Owner may take over the work and prosecute the same to completion by con- tract or by force account for the account and at the expense of the Contractor~ and the Contractor and his Surety shall be liable to the Owner for any excess cost occasioned by the Owner therel~y, and in such event the Owner may take possession of and utilize in completing the work~ such materials~ appliance$~ and plant as may be on the site of the work and necessary therefore. 57 CONTRACT AGREEMENT (continued) Article 32° MUTUAL RESPONSIBILITY OF CONTRACTORS Irt through acts of neglect on the part of the Contractorf any other Con- tractors or any subcont~'actor shall suffer loss of damage on workf the Contractor agrees to settle with'such other Contractor or subcontractor by agreement or arbi- tration il~ such other Contrdctor or subcontractor will so settle. If such other Con- tractor or subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sustalned~ the Owner shall rotify the Contrac- tort who shall [ndemnlfy and save harmless the Owner against any such claim. 58 CONTRACT AGREEMENT (continued). Article 33. SAFEI'Y & HEALTH REGULATIONS FOR CONSTRUCTION In order to protect the lives and health of his employees under the COntract, the Contractor shall comply with all pertinent provisions of the Contract Work Hours and S?fety Standards Act~ as amended, commonly known as the Construction Sa,fety'Act as pertains to health .and sat'cry standards, and shall maintain an ac- 'curate record of all cases of death, occupational <~iseasev and injury requiring medi~al attention or causing loss of time from work, arising out of and in the course of employment on work under the contract. The Contractor alone shall be responsible for the safety, efficlencyv and adequacy of his plant~ appliances, and methods, and for any damage which may result from their failure or the improper constructlon~ malntenance, or operation. 59 CONTRACT AGREEMENT (continued) Article 34° EMPLOYMENT OF LOCAL LABOR The mcxlmum feasible employment of local labor shall be made in the con- ' structlon of publig works and development facility projects receiving direct Federal grants, Accordingly~ every Contractor and subcontractor undertaking to do work on any such project which, is or reasonably may be done as on-site workt shall employ~ in carrying out such contract workt qualified persons who regularly reside in the designated area where such project is to be Iocatedt or in the case of Economic Development Centerst qualified persons who regular ly reside in the center or in the adjacent or nearby redevelopment areas within the Economic Development Distr~ct~ except: a. To the event that qualified persons regularly resld]ng in the designated area or Economic Development District are not available. For the reasonable needs of any such Contractor or subcontractor~ to employ supervisory or specially experienced individuals necessary to assure an effi- cient execution of the contract. For the obligation of any such Contractor or subcontractor to offer employ- ment to present or former employees as the result of a lawful collective bargaining contract, provided that in no event shall the number of non- resident persons employed under this subparagraph exceed fifty percent of the total number of employees employed by such Contractor and his subcon- tractors on such project. Every such Contractor and subcontractor shall furnish the United States Employment Service OfFice in the area in which a public works or development facility project is located with a llst of all positions for which it may from time to time require laborers~ mechanlcs~ and other employees~ the estimated numbers of employees required in each classiFication~ and the estimated dates on which such employees will be required. ~.. NT I~kCT AG REEMENT (cont~ n',~c ) Artlcle 34. EMPLOYMENT OF LOCAL LABOR (Continued) The Contractor shall give full consideration to all qualified job applicants . referred by the local employment service, but is not requl, red to employ any job applicants referred whom the Contraclor does not confider qualified to perform the classification of work required. The payrolls malntaihed by the Contractor shall contain the following infor- matlon. The employee's full name~ address and social security number and a notation indicating whether the employee does, or does not~ normally reside in the area in which the project is located, or in the case of on Economic Develop- merit Center, in such center or in an adjacent or nearby redevelopment, area within the Economic DevelopmenI District as well as an indication of the ei'hnic background of each worker. The Contractor shall include the provisions of this condffion in every sub-. contract for work which is, or reasonably may be~ done as on-site work. 61 CONTRACT AGREEM~,~JT (Continued) Article 35. CLEAN AIR ACT & FEDERAL WATER POLLUTION CONTROL ACT The Contractor agrees to comply with Federal clean air and water standards during the performance of' this contract and speciJ~cally agrees to the following: a. The term "f,acilffy" means (a) any bulid~ng, plant, installatlon, structure, mine, vessel or oilier f,loafing craf't, Iocatltm or site of' operations (b) owned, leased~ or supervised (c) by the contraclor and the subcontractors (d) f,or the construction, supply and service contracts entered into by the contractor. b. That any facJllty to be utilized in the accompl]shment of this contract is not listed on the Environmental Pr6tectlon Agency's List of Violating FacJllties pursuant to 40 CFR~ Part 15.20. c. That in the event a fadlib' utilized in the accom;lishment of this contract becomes listed on the EPA llst, this contract may be cancelled, terminated or suspended in whole or in part. ~ d. That it will comply with all the requirements of' Section ll4.of' the Air Act and Section 308 of the Wrier Act relating to inspection, monitoring, entry, reports, and ~nformat'on, as well as ali other, requirements specified ~n Section 114 and Seciion 308, respectively, and all regulations and guide- lines.issued thereunder. e. That it'will promptly notify the Government of' the receipt of any notice from the Director, Office of' Federal Activities, Environmental Protection Agency, indlcatJng that any f,acJJity utJilzed or to be utlJ[zed Jn the ac- compllshment of' this contract is under consideration for listing on the EPA list of' Violating Facilities. J'o That it will include the provi, slons of' paragraph a. through g. in every sub- .contract or purchase order entered into f.or the pu~T~ose of accomplishing this contract, unless oJher~vlse exempted pursuanl to the EPA regulations implementing tl~e Air or Water Act (40 CFR, Pa~¢ 15.5), so that such pro- visions will be binding upon each subcontractor or vendor. g. Th6t in the e,~ent that the contractor or the subconlractors for the construc- tion, supply and service contracts entered inlo f'or ihe puq)ose of accomplish- lng this conlract were exempted [rom complyh~g with Ihe above requirements under the provJslons of' 40 CFR, PalJ' 1.5.5 (b), the exemption shall be nuJJiffied sl~ould the facli]ty give ~ise to a criminal conviction (See 40 CFR, Par 15.20) during the accomplishment o£this conlract. Fu~Ji]ermore, wffbthe nulJifi- cation of' the exemption, the above requirements shall be effective. The contractor sboJJ notify the Government, as soon as the conlractor or the sub- coi~tractors f'(~cJllty is llsled f'or h~vh~g given rise to a criminal conviction holed in 40 CFR, Parl 1.5.20. 62 CONTRACT AGRE[!MENT ,C.~ntm0ed) Article 36. SUCCESSORS AND ASSIGNS This agreement shall bind the successor, assigns and representatives of lhe parties hereto° : IN WITNESS WHEREOF~ the parties have herdunto set their hands and seals, and such of them as are corporations have caused these presents to Be signed t~y their duly authorized officers, TOWN OF SOUTHOLD qwner Supervisor Party of the First Port pa~ty o1' Ihe Second 63 STATE OF NEW YORK COUNTY OF SS,: On this Nineteen Hundred and the duly elected, qualified and acting day or before me personally appeared the corporation described in and which executed the foregoing instrument, to me known and known I'o me to be such and he being by me duly sworn did depose and say: that he is that he reslde.s at ~~ ~ , that he knows the corporate seal of the said that the seal affixed to said instrument is such corporate seal; and thor he executed the ~me as ~or the purposes therein menHoned~ ~"N~ta ry Public New York, No. JUDITH T TERRY NOTARY puBUC, State of New York I,,"~?KnOwleC~gernent Dy t..ontractor, iqdividuaJ) .& STATE OF NEW YORK ) ) COUNTY OF ) SS,: On this day of , 19 , before me personally appeared to me known to be the person described in, and wh6 executed the forbgoing instrument and who acknowledged that he executed the same. (Seal) Notary Public cNew York, No. Term Expires (Acknowledgement by Contractor, if' a Partnership) STATE OF NEW YORK ) COUNTY OF ) On this day at~ , 19 , be£ore me personally came to me known and known to me to be a member of the firm described in and wl~ich executed the foregoh~g instrument and he acknowledged to me thai he subscribed the name of said firm thereto on behalf of said firm for the purpose therein mentioned. Notary Public New York, No. lerm Expires 65 (Acknowledgement by Contractor, ]fa Corporation) STATE OF NEW YORK ) ) COUN~ OF ) On this '~ I~}O day of ~'~'l~r~'i~. , 19 ~ I , before me personally came to me known, who being by me duly sworn, did depose and say that he resides at the - ~tion described in and which executed the foregoing instrument; that he corpo~ knows the seal of said corporation; thai the seal affixed by order of the Board of Directors of said corporation, and lhal he signed his nome thereto by llke order. ~4% to fy'- Pu-E ~'c-- - ~ New York, No. ,~--~- ~S/~?~.,_~' JUDITH T TERRY ~ NOTARY PUBLIC, State of New Yorl~ No 52-03~963 Suffolk County~ . Commission Expires March 30~ 66 FAITHFUL PERFORMANCE BOND TOWN OF SOUTHOLD STATE OF NEW YORK BOND NO. KNOW ALL MEN BY THESE PRESENTS, THAT we? (hereinafter called the "PRINCIPAL") and ~, ~'Z 7,. I~ ~'~I(' ~' C) E) II~"T'~'~ ~"A'S {~ a ~&T~C~I~ ~ ~created and existing under the laws of the State of ~ ~ , having ~1~ ~+~ ~e~ ~principal office in ~ee~-~ . ~' , (hereinafter called the "SURETY") are held and firmly bound unto the Town of Southo)d~ )New York (hereinafter called the Town in the full and just sum of: Dollars ($ q~O ,00 ) good and lawful money of the United States of ~erica, for t~e pa~ent of which said sum of money well and truly to be made and done, the said PRINCIPAL binds himself, his heirs, executors and administrators, successors and assigns, and the said SURETY binds itself, its successor and assigns jointly and severally, firmly by these presents. Signed and sealed this ~,(&,)~) day of WHEREAS, date of for said PRINCIPAL has entered into a certain written contract, bearing day of ~'r , 19 ~ , with the Town MOEZI Cf(T ,OIU.I' ,(SE:: "r O 67 FAITHFUL PERFORMANCE BOND (Continued) TOWN OF ~ SOUTHOLD STATE OF NEW YORK NOW THEREFORE, THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that if the said PRINCIPAL shall well, truly and faithfully comply with and perform all the terms, covenants and conditions of said contract on his part to be kept and performed, according to the true intent and meaning of said contract, and shall protect the said Town against, and pay any and all amounts, damages, costs and judgements which may or shall be recovered against said Town or its officers or agents or which the said Town may be called upon to pay person or corporation by reason of any damages arising or growing out of the doing of said work, or the repair or maintenance thereof, or the manner of doing the same, or the neglect of the said PRINCIPAL or his agents or servants, or the improper performance of the said work by the said PRINCIPAL, or his agents or servants, or the infringement of any patent or patent rights by reason of the use of any materials furnished or work done as aforesaJd or otherwise, then this obligation shall be null and void, otherwise to remain in full force and virtue. And the said SURETY, for value received, hereby stipulates and agrees, if requested to do so by the Town, to perform and complete the work mentioned and described in said contract, pursuant to the terms, conditions and coven- ants thereof. If for any cause, said PRINCIPAL fails or neglects to so fully perform and complete said work, the said SURETY further agrees to commence said work of completion within twenty days after notice thereof from the Town and to complete the same ~tth all due diligence. And the said surety fo~ value received hereby stipulates and agrees that no change, extension, alterat'ion or addition to the terms of this contract or specifications accompanying the sam~ shall in any way affect its obligation of this bond, and it does hereby waive notice of any such change, extension, alteration or addition. PRINCIPAL (SEAL) By: ~ Title: (SEAL) SORETY 68 FAITHFUL PERFORMANCE BOND (Continued), TOWN OF SOUTHOLD STATE OF NEN YORK (The Surety Company must append Statement of its~financial condition, and a copy of the resolution authorizing the execution of Bonds by officers of the Company). (Acknowledgement by Contractor, if an individual) STATE OF NEW YORK) (ss COUNTY OF ) On this day of , 19 , before me personally came to me known and known to me to be the person described~in, and who executed the foregoing instrument, and duly acknowledged that he executed the same. (SEAL) (Acknowledgement by Contractor, STATE OF NEW YORK) (ss COUNTY OF ) On this day of came and appeared Notary Public if a partnership). County 19~, before me personally to me known and known to me ~o be the person who executed the above instru- ment, who, being duly sworn by me, did for himself depose and say that he is a member of the firm of consisting of himself and he had authority to sign executed the (SEAL) and that same, and he did duly acknowledge to me that ~e same as the act and deed of said firm of · for the uses and purposes mentioned therein. Notary Public County 69 FAITHFUL PERFORMANCE BOND (Continued) TOWN OF SOUTHOLD (Acknowledgement by Contractor, if a corporation) ~[ATE ~F NEW YORK day of ~CO"I' , 19'~ , before me personally STATE OF NEW YORK) COUNTY OF.~tI~I~Ss this came to me known, who being duly sworn did depose and say that he resides in /~'_~,J~J~Jp~lJJ~', J~. 'that he is the pJ~JJjJkJ'r of the ~l~,.%.~ll,l~.~ll~llll~i~i&l~ the corporation described in and which executed the foregoing instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. ~SEAL) JUDITH T TERRY NOTARY PUBLIC, State of New York No 52-034496~ Suffolk Commission Expires March 7O FAITHFUL PERFORMANCE BONO (Continued) TOWN OF SOUTHOLD STATE OF NEW YORK (Acknowledgement by Surety Company) STATE OF NEW YORK) (ss COUNTY OF__~)~ ~/~ / On this (~/~ . day of~t , 19~6:~/, b_efOre me.personally came'--~t~/~ ~'}'~ ~ ~/' '~~ '~ ~Y~:=' ~,~/ to me known,l/who being dulySworn, did depose and say that he resides in the the corporation described in and which executed the foregoing instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. (SEAL) ~NDtary P~~ - ~ (The Surety Company must append statement of its financial condition and a copy of the resolution authorizing' the execution of Bonds by officers of the Company). ~ 71 LABOR AND MATERIAL BOND TOWN OF SOUTHOLD STATE OF NEW YORK KNOW ALL MEN BY THESE PRESENTS[ that we, of and of created and existing under the laws of the State of BOND NO. RO~J'~'~mr ~; 6~1~(~'r ihereinafter called the "PRINCIPAL") (hereinafter called the "SURETY") are held and firmly bound unto the Town of .~)~q~flR4~New York, (hereinafter called the "Town") in the full and just sum of (s o0 good and lawful money of the United States of ~erica, for the pa~ent of which sum, well and truly to be made and done, the said PRINCIPAL binds himself~ his heirs, executors and administrators, successors and assigns, and the said SURETY binds itself, its successors and assigns jointly and several- ly, firmly by these presents. Signed and sealed this ~ day of S~ ,19~ . WHEREAS, said PRINCIPAL has entered ~nto a certain written contract, bearing date of ~_Jk)~) day of ~'~",. , 19~1 , with the Town for WHEREAS, in accordance with certain provisions of the said contract a bond is required guaranteeing prompt payment of ~nies due to all persons supplying the contractor of subcontractor with labor and materials employed and used in carrying out the contract, which bond shall insure to the benefit of the persons supplying such labor and materials. NOW THEREFORE, THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that if the said PRINCIPAL shall promptly pay all monies due to all persons supplying the contractor or subcontractor with labor and materials employed and used in carrying out the contract, then this obligation shall be null and void, otherwise, tO remain in full force and virtue. 72 LABOR AND MATERIAL BOND (Continued) TOWN OF SOUTHOLD STATE OF NEW YORK IN TESTIMONY WHEREOF, the ~aid and the Said SURETY has caused this instrument to be signed by its and its ; and its corporate seal hereunto affixed the day and year first ~bove written. PRINCIPAL has hereunto set his hand and seal tO' be (SEAL) PRINCIPAL iNC. BTYi (SEAL) SURETY Attest Title (The Surety Company must append statement of its financial condition anU a copy of the resolution author.izing the execution of Bonds by officers of the Company.) 73 LABOR AND MATERIAL BOND (Continued) TOWN OF SOUTHOLD STATE OF NEW YORK (Acknowledgment by Surety Company) STAT[ OF NEW YORK) (SS-' COUNTY OF ) ~ / On t~his._l/~l nay Of /~K,/- . t9~ .~efore ~ personal ly~ ~ ~~. /~ me Known, who being by m~ duly swan, d~ depose and say that he resides in corporation described in and which executed the foregoing instrument; that' he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of Said corporation, and that he signed his name thereto by like order. (SEAL) (The Surety Company must append statement of its financial condition and a copy of the resolution authorizing the execution of Bonds by Officers of the Company.) 74 LABOR AND MATERIAL BOND (Continued) TOWN OF S©UTH©LD (Acknowledgment by Principal, unless it be a corporation). STATE OF NEw YORK STATE OF NEW YORK ) (SS: COUNTY OF ) On this day of , 19 before me personally came t~ known and know to be the person described n and who executed the foregoing instrument and duly acknowledged that he executed the same. (SEAL) Notary Public ~ County (AcknOwledgment by Principal, if a corporation.) STATE OF NEW YORK) (SS: COUNTY OF ) On this~day of ~-JP~', lg ! , before me personally PAul_ came to me know, who being by me duly sworn, did depose and say that he resides in ~J'''R~''~I~jp~''j' )J~t~, and that he is the the cooperation described in and which executed the foregoing instrument; that he knew the seal of said corportation; that the seal affixed to said instrument was such corporate seal; that it was affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order. (SEAL) J~rt~¥ Pub)ic JUDITH T TERRY NOTARY PUBLIC, State of New York No 5~2 0344963 Suffolk CoFflmi~s:oi1 Exp!:es March 30,~ 75 County GENJ~RAL CONDITIONS ¸3. The work under each contract includes all labor, materlals~ equipment and appurtenances required for the complete construction of all items of work necessary or required to make the installation complete and correct in every respect and guaranleed to be substantlal~, safer and ready [or regular operation and use by the owner. Only new materials will be acceptable for use on the projects. General All materials and workmanship shall be of the best quality and shall be subject to the approval of the owner. No deviation from the provisions of the detailed specifications shall be made without written approval of the owner. Whenever the wordsf Inspector f "Engineer"~ "Superlntendent"~ et. al.~ appear in theseS;pecif]catlons~ they shall mean the C~ner Or authorized agents° Laws and Regulations The Contractor shall comply with all Municlpol~ County~ State~ and Federc~l Laws and Ordinances and also those of the local utility companies having jurisdiction. All Electric Work shall be installed Jn strict accordance with the requirements of the National Electric Code~ the utility company~ and all other authorities having jurisdiction at the time of the execution of' the electrical work herein requlredf including all necessary Fire Underwriters inspections and approvals. Ail building contractors shall conform to the State Building Construction Code~ February 20~ 1956 and as amended. The Contractor hereby agrees that he will ascertain all facts neces:ary and give notices required by Section 1918 of the Penal Law of the State of New Ydrk and herbby agrees to indemnify the owner and his a~e'nts, servants~ and employees~ for and to hold them harmless against any cost~ damage~ liability, or expense which they or any of them may incur or pay arising out of or connected either directly or indlrectly~ with tile Contractor's failure for any reason to ascertain such facts or give such notice. 76 GENERAL CONDITIONS (Continued) Work Schedule Thls Work is under the highest t~me prlorify and field construction work is to commence wlth~n ten (10) days after Award of Contract. Al* The Contractor shall al the execution of the Contract, notify the Engineer in wr[ting of the names of sub-contractors proposed For the principal parts of the work and For such others as the Engineer may direct and shall not employ any that the Englaeer may~ within a reasonable time object to as incompetent or unfit. Before starting work~ the Contractor shall submit to the owner for approval an outline of his proposed methods and manner of executing the work including the sequences of operation and a time schedule of performing them. Tile Engineer reserves the right to dkect the Contractor.at which points to begin work. Unsatisfactory Progress - Contract Cancellation If the Contractor shall not properly man the job wlth the proper personnel and construction equipment in sufficient number so as to maintain a reasonable' construction rate each and every working day until work is completer the owner (~r their agent shall so noti'Fy the Contractor. Thereafter, if Contractor still Fails to meet rate of construction requirements or place work in accordance with these specffJcatlonsr thls shall be sufficient cause for the cancellation of this contract at date of such default. This decision is the sole discretion of the owner. Ten (10) days after written notice of ' contract cancellation shall represent approval Fo/' tile owner to contact the next lowest responsible bidder to complete the work° All increased costs are to be defrayed by said Contractor~ and or his bonding company. _Survey Surveys for llne and grade will be the "·" ' respons~blhty of the Contractor. Vertical and.horlzonlal conhol points will be esiablished and furnished to the Contractor prior to lhe start of the work. Fire Hydrants All hydrants wffh~n or adjacent to the construction limits shall be kept and maintained readily accessible to Fire apparatus at all times. No obstruction shall be placed within fifteen Feet of any such hydrant. 77 GENERAL COI~IDITIONS (Continued) . 8. Necessa~'y Details Not Specifically Mentioned All work called £or in the specifications and not shown on the plans, or shown on the plans and not called for ir, the specifications, shall be furnished and executed by the Contractor as if designated in both these ways and should any work or materials be required which is'not denoted on the plans and specifications either directly or indirectly, but which is, neverthe- lesst necessary for the proper carrying out of the intent thereof, it is under- stood and agreed that the same is im~lled and required and the Contractor shall perform such work and furnish such materials as fully as if they were completelydelineated and described. 9. Neatness As the work progresses, all rubbish, refuse, and unused materials and tools shall be removed from the site and all work on coml~letion shall be left in a neat and o. rderly condition ready for use. Upon work completionr all work areas shall be caref'ully cleaned up and all excess materials shall be removed from the site by the Contractor as directed. 10o Inspection of Work All work shall be subject to continuous inspection by the Owner,. The Contractor shall perform any work requested and required For this inspection and shall make all accessible to the owner at all times. The work of the inspector will not include any supervisory duties. Supervisory duties will remain the sole responslbility of the Contractor at all times. It shall be solely the resportsibillty of the Contractor to see that the plans and specifications are being followed° Failure of the owner to immediately reject any unsatisfactory materials or worl<mgnshlp or to notify the Contractor of his deviation from theSpecificat'ions shall not relieve the Contractor of his resp6nsiL~ility to replace unsatisfactory work. Any material or finished work ~hlch, in the opinion of' the Qvnerr does not comply with these Specifications shall be removed by the Contractor and replaced at his own cost and expense° 78 ~G'ENERAL CONDITIONS - (Continued) 11. Sanitary Provisions 12. Sanitary conveniences For Ihe use of' all persons employed on the work shall be provided and maintaned by the Contractor in suFFicient manner~ in such manner, and at such places as shall be approved. The Contractor shall vigorously prohibit the committing oF nuisances at the site oF the work. Any employee found violating these provisions shall be discharged and not again employed. Such sanitary conveniences shall be constructed in compliances with all laws~ ordinances, or regulations governing the same. Utilltles Any utillties encountered during the work shall be maintained and protected in their existing location unless otherwise,provided. The Contractor shall cooperate in every way wilh the owning companies or agencies to make it possible For them to provide uninterrupted service. Trench excavation shall not be started until all gas mains~ water mains~ and other service mains have'been located and flagged by a utility inspector or engineer. A g.as inspector shall be available on this project at all times whenever excavations are in close proximity to gas mains and/or service lines. Any.existing utilities, including individual house servlcesf in the way al~ proposed storm water drain, shall be readjusted by the supplying utility company; except where the utility is publicly owned. The Engineer shall, whenever possible, adj,bst alignments o£ storm drains and structures in order to expedite the contract and to prevent unnecessary hardship and expense to any utillty company. The Contractor shall notify the utillty companies sufficiently in advance of' construction to pe~mlt ample time to do such work as necessary to provide clearance For the storm d~aln. The Contractor shall satist'y himself as 1o the exact locations and extert oF all utilities that he may encounter in the work. The Contractor's attention is directed' to Section .1918 oF the Penal Law[ a~ amended~ that - "The Contractor shall not excavate in any existing street~ highway, or public place unless notice in writing ,shall have been given at least 72 hours in advance to the person~ corporation or municipality engaged in the distribbtion oF gas in such territory"° Protection o~¢ Work and Pr'operty The Contractor shall at all times safely guard the public against, and the Owner's property fi'om injury or loss in connection with the contract. H e shall at all times sa£ely guard and protect the public~ his own work and that o£ adiacent property from damage~ loss or injury. All passageways, guard ~ences, lights, and other ~acilltes required i'or protection by all authorities or local conditions must be provided and maintained. 79 GENERAL CONDITIONS - (Continued) 3o Protection of Work and Property - continued It is further understood and agreed thai' loss or damage arising out of the nature of the work to be done under this Contract or from any unforseen obstruction or difl'Jculties which may be encountered in the performance of the same or from the action of the elements~ public or flom encumbrances on Ibc line of work or from any injury clone in consequence of acts or omissions on the part of the Cont~aclort subcontractort their employeest or agents in carrying out any of the provisions or requirements of this Contract shall be borne and assumed by the Contractor 14o No Waiver of Legal Rights The Owner shall not be precluded or estopped by any measurement~ ~ est[mater or certificate made either before or after the completion and acceptance of the work and payment therefore~ from showing the true amount and character or the work p~'formed and materials furnished by the Contractort nor from showing that any such measurement~ estimate or certificate is untrue or incorrectly made nor that the work or materials do not~ in fact~ conform to the contract° The owner shall not be precluded or estopped not with standing any such measu~'ement~ estimate, or certificate any payment in accordance therewith~ from recovering from the Contractor or his suretles~ or botht such damages as it may sustain by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the Er~gineer~ or any other representative of the owner~ nor any payment for or acceptance of the whole of any part of the work~ nor any extension of tlme~ nor any possession taken by the owner shall operate as a waiver to any portion of the Contract or any power herein reserved~ or of any right to damages, 15o Subsurface Conditions - De.watering The Co0tractor is particularly reminded of the poss'ible encountering of ground water and unsuitable material during his construction operations. All excavation for structures and plpelaying must be kept reasonably free of w.ater. Sufficient pumps or pumping machinery must be p. rovlded and malntaned in working order by the Contractor, The cost of dewatering shall be included in the appropriate items° 8O GENERAL CONDITIONS - (Continued) 16. Final Inspection When~ in the opinion of lhe Contracl0rt the work or pmllons thereof is complete and ir~ady for flnul inspectlont he shull 'so notii'y the [ngineer in wHllng and Ihe [.?g neet will arrange to gl.va the work a minute aad Ihorougb insper. I ion. Before approval for final pay~nent is given, all work shall be complele in every c!etail. All building materialst construction equipmentt dirt~form work, stakes~ shanties~ etc.~ shall ~be cleared from the area', and-all pipe~ catch basins~ and manholes shall be free from construction dirt~ silt and form work, "17. ConstrucHon Pogress pholos Photographs shall be taken by a professional photographer as follows: I o Preconstruction photographs shall show the general area prior to any construction. 2. Monthly photographs shall show the work as it progresses. Four views taken from the same point or as directed by the Engineer. 3' Final photographs shall show the work after it is completed. The following procedure shall be followed for all three al~ the above cases. The general contra6tor shall deliver four photographs in duplicate (eight prints) 8" x 10" in size~ in color, on glossy doubh.~ wei.qht paper. All phologrophs '~l,ull be p~opu~ly identified on lhe fronl. The lille black f. holl be iml>rlnled on thu lower right side and shall be I" x 3" in size and shall contuin the following information: Contract Name Towtl County State ' 'Engineers: Chas. H. Sells, Inc. Cont raclor: photographer: Date: print No. View Looking The monlhly p~o,jress photographs shall be laken approxlmalely ten days lo the end of the zeclulsilion period in order II~l th~:y eau he Helivc~ed t)y the reqmsd~on period. No monlhly requisilions will be processed withogt ~eceipl of the photographs. 81 CONTRACT NO.1 DIVISION 1.1 SUMMARY OF WORK GENERAL REQUIREMENTS ~ A. GENERAL It is the intent of these specifications that all work shall be performed in a first class manner and that all work to be undertaken shall be done by skilled mechanics qualified in their respective trades· 2, All work described in these specifications and detailed on the . contract drawings shall be in strict conformance with ANSI Standard Specification A.11?.i. B. STATUS OF EXISTING CONDITIONS Attention of Bidders is at the site, previously be executed. directed to the fact that there exists erected buildings in which work shall Bidders shall visit the site; make inspection of work previously performed; accept conditions as they exist; determine effect of existinE conditions on all the work required; incorporate new work adjoining existing as indicated and specified herein. No liability shall be imposed on the Owner nor shall any claim be made by the Contractor for work previously performed which in the Contractor's opinion would affect the work required under this contract· The existing buildings will Le occupied at all times. The Contractors shall not interfere with the utility services (gas, electric, water). Spaces requiring alteration work shall be vacated prior to the start of construction. Occupancy shall not be disturbed excepting at such in spaces where and as directed by the Engineer' times and ITEMS OF EQUIPMENTt DEMOLITIONt REMOVAL:; 1. Items of equipment, including fixed and portable, shall be removed and relocated as ind£cate~ on the drawings or specified herein, Certain items of equipment designated in the field to be retained by the Owner shall be removed to a designated space in the building, All items of equipment not desired to be retained by the Owner shell be removed from the sits. 2. Items of removal, where called for to be reinstalled, shall be augmented, reconditioned or repaired as required so as to match condition prior to removal. Where such items are damaged beyond repair during removal, they shall be replaced with new items. 1-1 CONTRACT NO. ! DIVISION ! 1.1 D. GENERAL REQUIREMENTS SUMMARY OF WORK (Continued) DESCRIPTION 1. The work for this project consists of the removal of Architectural Barriers from existing two libraries at the Town ot: Southoldo 2. The work shall be performed under one contract and shall include but not be limited to the following: a. MATTITUCK FREE LIBRARY 1) Parking Area f a) Location and stake out. b) Construct new parking area. c) Stripe parking spaces. d) Install two parking signs £or the handicapped. 2) Ma~t~nce . a) iro~andi, nstaJJ new closer with 8 lb. cJosJngtenslon. b) Re.mo.v.e'~?,ng threshold and replace with new, c) Remove existing ~ete slabs and step, as indicated. d) Construct new concret'~abs and concrete rampt ~s i~d icat. ed. ~ e) Replace thumb action handle w~r handle. 3) Entry for Handicapped a) Provide and install new closer with 8 lb. closing tension. b) Remove existing threshold and replace with new, as indicated. I-2 CONTRACT NO. 1 DIVISION 1 GENERAL REQUIREMENTS 1.1 SUMMARY OF WORK (Continued) 3) 4) .Entry for Handicapped (Cont'd.) Strip topsoil and remove and relocate shrubs, as indicated. Widen driveway as indicated. Construct new concrete walk. F) Constru~a new concrete rampl as indlcated' g) Providean~install handrail as ~ndicated. hp)ubI ~P;ORVoi~dtloi~d ~F~ entrance sign. a) Remove existing door, frame and saddle, enlarge opening, as indicated. Provide and install new door, frame, hardware and saddle. Door should be self-lock key operated. b) Provide and install new closer to pull 5 lb. maximum closing tension. c) Remove, relocate and replace toilet accessories. d) Provide and install grab bars. e) Install a new light switch as indicated. f) Remove~ relocate and replace fixtures, as indicated. g) Provide and install a new mirror for handicapped. h) Provide and install a metal partition (accident prevention). 1-3 CONTRACT NO. 1 DIVISION I 1.1 Note: SUMMARY OF WORK (Continued) 4) GENERAL REQUIREMENTS Public Restroom (Conrad.) i) Remove existing vinyl floor and replace with ceramic tile floor and base, as indicated. j)Provide and install new ceramic wall tiles, as indicated. k) Provide and install entrance sign. For plumbing requirements - see Plumbing, Division 12 - ~fGeneral Provision". b. SOUTHOLD LIBRARY 1). Parking Area ~I~'~. ~) ,~-C°nstruct h~'o parking spaces for the handicapped. '~ '~'~l~/~) Stripe· parking spaces. ) Provide and install two parking signs for the ha.~nndicapped. 2) Entry for the Handicapped a) Remove existing door and frame and replace with new~ as indicated. b) Provide and install panic hardware, hindges, etc. c) Provide and install new closer with 8 lb. maximum closing tension. d) Remove existing threshold, and replace with new, as indicated. e) Provide and install handicapped entrance sign. f) Remove existing concrete platform and steps. 1-4 CONTRACT NO. 1 DIVISION 1 1.1 SUMMARY O F WORK (Continued) 2) GENERAL REQUIREMENTS Entry for the Handicapped (Conrad.) g) Construct a new concrete platform and steps and a new ramp, as indicated on drawing h) Provide and install handrail~ as indicated. ~~ (~i) Construct a new 4' asphalt walkway. ~'i) Construct a new 10 ':X 280 feet long driveway behind library, as indicated in the plans. k) Provide and install removable screen window for ventilation in front of existing window above entrance door. 3) Public Restrooms a) Remove existing door, frame and window above door. b) Close part of door opening and window opening. c) Construct a new opening for door to the right of existing door. d) Provide and install new door and frame to match with the existing. e) Provide and install handicapped sign. f) New door closer to pull 5 lb. maximum closing tension. g) Remove and relocate existing toilet accessories. h) Remove and replace existing saddle with new marble saddle. 1-5 CONTRACT NO. 1 DIVISION 1 GENERAL REQUIREMENTS 1.1 Note: SUMMARY 0 F WORK (Continued) 3) Public Restrooms (Cont'd.) i) k) I) m) 4) Hall o) Provide and install grab bars. Remove existing vinyl fl oor'. Provide and install ceramic tiles from floor and walls, as indicated. Remove and relocate existing mirror to be used by handicapped. Provide and install new mirror for general public. Remove existing saddle~ and replace with new. wood saddle flush with finished floor. b) Remove and replace vinyl floor as indicated. 5) Miscellaneous a) Patch and match all disturbed or damaged surfaces. For Plumbing Requirements see Plumbing - Division 12, "General Provision". 1-6 CONTRACT NO.1 DIVISION ? 2.1 GENERAL A. DESCRIPTION 1. Under this Divisions SITEWO~K the Contractor shall perform all sitework as shown on the drawings and as herein specified. The sitework shall include but not be limited to the followin8: a, Horizontal and Vertical Location and Stakeout of all Work b. Excavation and Backfill c. Concrete Sidewalk, Platform and Steps d. Concrete Wheelchair Ramps e. Concrete Curb and Dropped Curb f. Signs g. Pavement Sealing and Harking h. Asphalt Pavement B. REFERENCE ~TANDARDS 1. Reference standards shall be as hereinafter specified under the specific items of work. 2.2 LOCATION AND STAKEOUT OF WOR~ Ae The Contractor shall establish the exact vertical and horizontal position of all work from control points which are shown on the. plans. The Contractor shall provide mens instruments and materials and make all necessary computations. The Contractor shall be responsible for the accuracy of his %ork and shall maintain the points he has established throughout the life of the contract. Any error or apparent discrepancies found in the drawings or specifica- tions shall be immediately called to the Englneer~$ attention for interpretation before proceed/ns with the work. The Contractor shall stakeout all work sufficiently in advance of construction to permit the Engineer to check the accuracy of his work and shall keep the £ngineer advised as to the progress of his stakeout. 2-1 CONTRACT NO.1 DIVISION 2 SITEWOKK 2.3 EXCAVATION AND BACKFILL A. GENERAL 1. This work shall consist of excavation, disposal, placement and compaction of all materials that are not provided for under other sections of these specifications and shall be executed in conformance with the lines, grades, thicknesses and typical sections shown on the plans and specified herein. The work under this heading shall include but not be limited removals of concrete walks, curbs, asphalt pavement, and fine grading the finished suSgrade of new pavements. to B. MATERIALS 1. Backfill Backfill shall be suitable material from on-site excavation or borrow approved by the Engineer.. If necessary to complete the work, suitable material from borrow shall be furnished by the Contractor at his own expense and shall be subject to the approval of the Engineer'. C. CONSTRUCTION DETAILS 1. General The Contractor shall remove all soil, concrete curb, concrete walks and other material and utilize or dispose of these materials as required by the plans and specifications. All excavation and backfill work shall be executed to the lines and grades shown on the plans and as specified. Existing topsoil shall be stripped and stockpiled in areas designated by the Engineer. Backfill work will not be performed when in the opinion of the Engineer climatic conditions are un- suitable. 2. Drainase and Gradin~ a. The Contractor shall provide and maintain slopes, crowns and ditches to insure satisfactory surface drainage and to mini- mize the silting of existing pavements and drainage structures. The Contractor shall provide and maintain temporary drainage and pumps to keep excavation water free as directed by the Engl,~eer. Ail work shall be performed in a workmanlike manner subject to the approval of the Engineer. 2-2 CONTRACT NO.1 DIVISION 2 SITEWORK 2.3 EXCAVATION AND BACKFILL (Continued) C. 3. Surplus Material a. Ail excavated suitable material in excess of the quantity necessary for the construction of embankments and backfilling and all excavated unsuitable material other than existing topsoil, shall become the property of the Contractor and shall be legally disposed of off the site by the Contractor at his own expense. Excess topsoil shall be transported and dumped at a location to be designated by the Eo~ineer. Unsuitable Material Any material containing concrete, vegetable or organic matter, such as muck, peat, organic silt, topsoil or sod; is not satis- factory for use in fills and backfilling and is designated as an unsuitable material. Certain man-made deposits of industrial waste, sludge or landfill may also be determined to be unsuitable materials. Determinations of whether a specific material is unsuitable will be made by the En~|neer on the above basis. Pavement Subsrade The Contractor shall remove all unsuitable material from all areas to be paved and shall shape and compact the subgrade to the lines and grades shown on the plans. Within the limits of the pavement subgrade area, material shall consist of any suitable material having no particles greater than 6" in greatest dimension. Acceptance or rejection will be based on a visual inspection of ghe material by the f:g~neer. Where undercutting is required for the removal of unsuitable materials in pavement subgrade areas, the Contractor shall place and compact suitable material to the subgrade elevation as specified above. This material shall be from either on-site excavation or borrow sources and shall be furnished and placed at the Contractor's expense. 6. Preparin~ Fine Grade a. All hollows, depressions and ridges which develop under rolling or compaction shall be filled with acceptable fint granular material and shall again be rolled. This process of shaping, rolling and filling shall be continued until no irregularities develop. Upon completion, the surface of the fine grade shall not extend above nor more than 1/2" below, true grade and surface at any location. CONTRACT NO.1 DIVISION 2 SITEWORK 2.3 EXCAVATION AND BACKFILL (continued) C. 7. Excavation & Backfill for Curbs~ Sidewalk & Wheelchair Ramps a. Excavation 1. All excavation required for curbs, sidewalk and wheelchair ramps, platform and steps. 2, Clearance: performed. Sufficient for form work or other work to be 3. Carry curbing to undisturbed soil· 4. Keep loose material and debris out of excavation so curb will rest on solid, undisturbed soil. Walks and Ramps: Unless otherwise indicated, excavated to 5" below bottom of concrete slab. 6. Protect against frost until concrete is poured. 7. Any void spaces encountered under the curb lines fill with lean concrete. 8. Any void spaces encountered outside curb and sidewalk lines fill and compact with suitable or borrowed material· 9. Do not proceed with pouring concrete work until nature of soil has been inspected and approved by ~,§imeer. b. Backfill Fill and backfill material obtained from on-site cutting or excavation or sources located away from the construction site (borrowed) shall be clean sand, gravel, earth or a mixture of these containing no organic matter wi~h a maxi- mum size of four inches. Fill under walks and ramps shall be well graded sand o.r "bankrun" gravel from site or source approved by Emgineer' Promptly backfill excavations as work permits, but not before concrete has attained full design strength, Backfill and fill to new surface sub-grades as required· sufficient sound and approved fill materials are not on hand to complete filling operations to required grades, provide same at no extra cost to the Owner· If Place backfill in uniform horizontal layers. Puddle, tamp or roll as required to make solid. After backfill has settled fill in all depressions to bring same up to grade. 2-4 CONTRACT NO.1 DIVISION ? SlTEWORK 2.4 SIGNING A. GENERAL 1. The Contractor shall provide and in accordance with the plans for by the Engineer, install all signs necessary the project or as directed B. MATERIALS AND METHODS Sign panels shall be Aluminum Alloy 6061 - T6 or 6062 - T6. Panels shall be fabricated of sheeting with a thickness of .08 inches. The treatment of the aluminum panel in preparation for the appli- cation of reflective sheeting shall be performed in strict accordance with the recommendations of the manufacturer of the reflective sheeting and shall include removal of all traces of oil film on the panel, etching by acid or other approved process and thorough drying. Immediately after treatment of panels as specified, reflective sheeting shall be applied to aluminum panels by the vacuum applicator process or mechanical process in strict accordance with the recommendations of the manufacturer of the reflective sheeting. The reflective sheeting shall consist of spherical lens elements embedded within a transparent plastic having a smooth, flat outer surface. The sheeting shall he weather resistant and have a pre-coated adhesive hacking. All colors shall be reflectl3e except black. Handicap parking signage shall be in accordance with the recommendations of the U.S.D.O.T. (FHWA) and as furnished by the 3M Corporation or equal. 5. The color and sign message of the reflective material for each sign shall be as shown on the plans. When the County [nGJneer requires tests to be made, samples. shall be submitted to a laboratory designated by the owner. Each sample shall contain a minimum area of 144 square inches for each thickness of panel used with the number of samples to comprise approximately 1% of the contract quantity. Failure of the samples to.meet all the requirements of the above specifications shall be cause for rejection of all of the material represented by such samples. The Contractor shall pay for all lahoratory tests in the event samples fail to meet specifications. 2-5 CONTRACT NO.1 DIVISION 2 SITEWORK 2.4 SIGNING (continued) 8. A break-away post system consisting of a combination of sign posts sleeves and anchors shall be furnished and installed. The break-away post system shall consist of pre-drilled, square galvanized 12 gauge tubing as manufactured by the "Telespar" division of the Unitistrut Corporation or ap- proved equal. The system shall be furnished complete with all necessary hardware. Sleeves, anchors and posts shall be bolted and the sign face shall be fastened to the posts with cadmium plated drive rivets. The installation shall be as shown on the drawings and as directed by the El~gineer. 9. Where shown on the drawings post anchors and sleeves shall be set in 4,000# concrete as specified under "CAST-IN-PLACE CONCRETE. Where signs are installed in areas with existing concrete walk, the existing walk shall be drilled and the anchors and sleeves shall be driven into place. Any resulting void between the anchor: and concrete surface shall be filled to the full depth of the existing concrete with a non-shrinking grout and troweled smooth. 10. In both the driven and concrete footing installation, it is neces- sary that the sign post can be easily removed from the anchor and sleeve assembly when unbolted after all concrete and/or grout is fully set. C. SAMPLES AND DRAWINGS . 1. Color samples and scale drawing mark-ups shall be required for the Eoo;meer's approval before fabrication of the signs is started. 2.5 2. Shop drawings for the break-away post system shall be required for substitution of the specified materials or manufacturer. PAVEMENT SEALING AND MARKING A. GENERAL 1. The Contractor shall seal the existing pavement and paint all lines in the areas designated on the drawings. New pavement shall not be sealed. CONTRACT NO.1 DIVISION 2 SITEWORK 2.5 PAVEMENT SEALING AND MARKING (continued) B. MATERIALS 1. Pavement Sealer The sealer shall be a latex fortified coal tar pitch meeting Federal Specification R-P-33D which shall be blended with a plastic latex copolymer emulsion (second application only). This additive shall be mixed on the Job site at the rate of three (3) parts coal tar pitch to one (1) part latex copolymer emulsion. The silica aggregate used in the mix shall be clean, hard and durable, free from clay and organic matter meeting the followin: gradation: U.S. Sieve Total % Passin~ No.16 100 No.20 80-100 No.30 50-90 No.50 20-60 No.lO0 0-5 c. The latex fortified coal tar pitch shall be "Jennite 3-16" as manufactured by Maintenance, Inc. or an approved equal. 2. Pavement Markin~ Paint Paint shall be non-reflectorized alkyd-resin type, ready-mixed white traffic marking paint conforming to A.A.S.H.T.O. Speci- fication M 248-74, Type II. The paint shall be well mixed to flow and cover solidly in one coat on asphalt pavement. The single coat shall be touch-dry in 15 minutes and thoroughly dry in 30 minutes· Paint shall be delivered to the Job site in strong, original unopened containers, plainly ~arked with lot number, contents and name and address of the manufacturer. d. The Contractor shall furnish a certified analysis of the contents. 2-7 CONTRACT NO.1 DIVISION 2.5 PAVEMENT SEALING AND MARKING (continued) SITEWORK C. METHODS 1. Pavement Sealin~ The pavement surface shall be free from sand, clay, dust, salt, grease and other foreign matter. Any accumulations of oil, grease or traffic paint shall be scraped, burned or cleaned off the pavement with detergent solution· Detergent residue shall be flushed away with clean water before application of the sealer. The ~mgineer: will inspect and approve the surface before the first application· Sealing shall consist of two applications, the first containing five to six pounds of silica aggregate per gallon applied at a rate of not less than 0.10 gallons per square yard or more depending upon the condition of the existing pavement· The mixture shall be applied with equipment capable of maintaining the silica aggregate in uniform homogenous suspension· The second application shall consist of the coal tar pitch, five to six pounds of silica aggregate per gallon and the plastic latex copolymer emulsion mixed at a rate of three (3) parts coal tar to one (1) part emulsion. This mixture shall be applied at a rate of 0.08 to 0.10 gallons per square yard· Equipment for this application shall be capable of providing continuous mixing of the blended product prior to and throughout application· The machine used for mixing the coal tar emulsion and silica aggregate shall have a paddle agitator capable of mixing up to 10 pounds of silica aggregate per gallon while keeping the aggregate in suspension. This machine shall be equipped with a self contained pressurized water system to spray water at 50 P.S.I. in a constant pressurized fog to insure a positive bond between the old surface and the sealer. Existing painted lines shall be completely covered by the. sealant and where necessary, the Contractor shall chip off heavy accumulations of the existing paint before starting the sealing operation. 2. Pavement Markin~ a. Absolutely no paint thinner will be permitted on the Job and the use of thinned paint will not be permitted. No paint shall be applied when 40°F or when in the opinion of otherwise unsuitable. the air temperature is less than the F~gimeer the weather is No paint shall be applied until cured. the new sealant has completely 2-8 CONTRACT NO.1 DIVISION ? SITEWOHK 2.5 PAVEMENT SEALING AND MARKING (continued) C. 2. d. Ail pavement surfaces shall be thoroughly cleaned, completely dry and free from frost at the time the is applied. paint Painting shall be done with spray equipment capable of applying the unthinned paint uniformly on the surface. The Contractor shall make all necessary measurements, guidelines and reference marks to obtain clean, straight and well defined lines at the proper spacing and dimensions. Where applicable, stencils may be used. Paint shall be applied at the rate of approximately 110 square feet per gallon to obtain a wet film thickness of 15.0 mils (0.15 inches) as determined in the field with a wet film thickness gauge. Care shall be exercised to prevent spillage of paint. The Contractor shall provide all necessary barricades to pro,cc fresh work from being tracked by vehicles. Any paint epilled or tracked by vehicles from any source shall be immediately and thoroughly removed by the Contractor· 2.6 ASPHALT PAVEMENT A. GENERAL me The Contractor shall construct asphalt pavement as shown on the plans and as herein specified. This work shall include but not be limited to the following: a. 1-1/2" Top Course Asphalt Concrete - Type lA (S.C.D.P.W. Item No.51F) b. 6" Dense Graded Aggregate Base Course B. MATERIALS AND METHODS OF CONSTRUCTION 1. Referenced Standards at Except as otherwise specified all materials shall be as specified iq the Suffqlk County Department of Public Works Specifications dated November 1, 1968 and as amended as of the date of the Notice to Bidders for this contract. Testin~ Except as required for design mixes under the above referenced standard which shall be furnished and paid for by the Con- tractor, the Owner will test or have tested any or all portions of the work as specified under Inspection and Testing bi Materials o£ the "AGREEMENT" o£ the contract. CONTRACT NO.1 DIVISION SITEWOR~ 2.6 ASPHALT PAVEMENT (continued) B. 3. Dense Graded Aggregate Base Cours~ a. GENERAL 1) Under this item, the Contractor shall furnish and place a granular material sub-base course of dense graded drybound crushed stone or other acceptable granular material under asphalt pavement as shown on the plans and in such locations as field conditions require. Depths and locations of this material will be as shown on the plans or as required by field conditions and ordered by the Emgimeer. b. MATERIALS l) 2) 3) 4) The material blend shall consist of well graded crushed stone and shall be the following mechanical gradation: Screen Sizes % Passin~ 1-1/2" 100% 1" 90-100% 1/2" 65-85% 3f8" 55-75% # 4 40-55% # 8 30-45% # 30 16-27% #200 0-10% The amount of material passing the 200 mesh screen shall be determined by washing in accordance with ASTM Designation C-117-62T. The portion of the base course blend that ia smaller than the #40 screen shall have a plasticity Index -0, according to ASTM Designation D-424 - Latest Edition. The coarse aggregate shall have a resistance to abrasion by the Los Angeles abrasion test of not more than 20. Of the particles retained'on the 1/2" square sieve, no mere than 10% by weight shall consist of flat or elongated piece is defined herein as one, the greatest dimension of which is more than 3 times its least dimension. The coarse aggregate, when subjected to 5 cycles of the soundness test, shall have a weight loss of not more than 5% when sodium sulfate is used or 10% when magnesium sulfate is used. The material shall also achieve a maximum dry density of not less than 145 pounds per cubic foot at optimum moisture content when tested in accordance with ASTM Designation D-1557 - Latest Edition - Method D, except that the sample used shall retain all of the coarse aggregate si~es. - . 2-10 CONTRACT NO.1 DIVISION 2 SITEWORK 2.6 ASPHALT PAVEMENT (continued) B. 3. c. METHOD l) The subgrade, immediately before the dense graded subbase is to be constructed, shall be compacted with a rollg~ or vibratory compactor. It shall be smooth, parallel to, and at the required depth below the dense graded subbase surface. The subgrade shall not be in a muddy or frozen condition, and unsuitable material shall be removed and replaced with acceptable material and thoroughly compacted. The material shall be deposited on the subgrade by means of a dump truck spreader tail-gate or any other approved method of depositing. 2) The spreading of the material shall be by means of approved self-propelled spreader equipment. No segregation of large o fine particles will be allowed, and the material as spread shall be well.graded. After the course has been laid loose it shall be thoroughly rolled with an approved roller weigh- ing not less than 10 tons. Rolling must begin at the sides and continue toward the center, and shall continue until there is no movement of the course ahead of the roller. 3) The subbase course shall be kept in a moist condition to allow compaction to maximum density. Six percent (6%) moisture shall ~e guide line for the optimum moisture content. In limited areas where the use of a roller is impractical, approved vibrating plate compactors or impact rammers shall be used to compact the material. 5) In lieu of the above method of finishing rolling, the Con- tractor may, at his option, use a vibratory method as follows: After the material is spread evenly, so that it will have the required thickness after compaction, the. entire area shall be compacted by au approved vibratory compactor. Vibration shall, continue until the material is keyed sufficiently to permit rolling with an approved roller without displacement of the material. 6) Care shall be exercised to see that the voids in the subbase course are completely filled, but the operation of vibratory compaction shall not be such as to cause floating of the course aggregate. 2-11 CONTRACT NO.1 DIVISION 2 SITEWORK 2.6 ASPHALT PAVEMENT (continued) B. 3. c. 7) Any depressions that develop during rolling shall be filled with subbase material and further rolled until the entire surface of the subbase is true to grade and cross-section. The finished surface of the subbase course shall not exteud above the true grade and surface for this course, at any location. Should the subgrade become churned up into or mixed with, the subbase material course, through any cause whatsoever, the Contractor shall, at his own expense, remove such mixture of subgrade and replace with subbase material. C. MEASUREMENT AND PAYMENT 1. Ail references to measurement and payment specified under the above referenced standards shall be deleted from the specifica- tions. Payment for asphalt pavement shall be deemed included .~ in the lump sum p=%ce bid for this contract. 2.7 RESTORATION OF LAWN ARMAS A. GENERAL 1. The Contractor shall, at his own expense, restore all lawn areas damaged as a result of the operations of all trades in the performance of their work under the various contracts of the project, including but not limited to the following: a. Resodding of lawn areas damaged by trenching, excavation, movement of equipment, storage of building materials, sto~k- piling of topsoil and the removal of curbs and pavements. b. There shall be no seasonal restrictions to this work except that when in the opinion of the Engineer weather or temperature or soil conditions are unsuitable, sodding or sod bed preparation shall not be performed. 2. Referenced Standards Except as hereinafter modified, the methods and materials of construction shall be as specified in the N.Y.S.D.O.T. Standard Specifications dated January 3, 1978 and as amended as of January 2, 1979. 3. Testin~ The Owner will test or have tested any or all portions of the work as specified under ~nspection and Testing of MateriaJs of the '"AGREEMENT" of the contract. However, sampling and testing of borrow topsoil shall be performed by a laboratory hired and paid for by the Contractor. / 2-12 CONTRACT NO.1 DIVISION 2 SITEWORK 2.7' RESTORATION OF LAWN AREAS B. MATERIALS (continued) 1. To~soil Topsoil shall he from on site sources previously stripped and stockpiled under other work of this project. If testing by the Owner so indicates, the Contractor shall be required to either increase or decrease the specified amount of limestone that is to be incorporated. If necessary to complete the work, the Contractor shall, at his own expense, obtain sufficient topsoil from a borrow source to be approved by the Engineer. The Contractor shall notify the Em§iheer if he intends to obtain borrow topsoil sufficient- ly in advance of its use in order that it can be sampled and tested and an analysis submitted to the En~inee~ for approval before it is moved from its source. c. Topsoil from borrow shall meet the requirements of Section 713-01 of the above referenced standard. d. Soil amendments for sod bed preparation shall be 0-20-0 superphosphate with a minimum of 18% available phosphoric acid, commercial l-l-1 complete fertilizer limestone and peat mosa. Packaging of limestone shall be in accordance with 713-02 of the above referenced standard and fertilizer packaging and guarantee shall be in accordance with Section 713-03 of the above referenced standard. Peat moss shall meet all require- ments as specified under Section 713-20 of the above referenced standard. Sod Sod shall be living sod procured from a commercial sod growing nursery on Long Island. It shall be cut from cultivated areas free of stones, roots or other materials detrimental to sodding operations or future maintenance. At least 90% of the sod shall be composed of a vigorous dense growth of a mixture of permanent grasses consiting of the approximate following proportions: 55% min. Ky. Blue Grass Blend (Adelphi, 10-20% Perennial Rye Grass (Yorktown II, NK-200) Baron, Pennstar) Pennfine, Manhattan, Remainder Fine Fescue (Jamestown, Pennlawn) The sod shall be free from noxious weeds and reasonable free from broadleaf weeds dandelion. such as quack grass such as plantain and 2-13 CONTRACT N0.1 DIVISION ? SITEWORK 2.7 RESTORATION OF LAWN AREAS (continued) B. 2. d. Any growth more than one and a half inches in height shall be mowed to a height of one and half inches not more than three days before the sod is lifted. ee Sources of sod shall be made known to the Engineer. at least ten (10) days before lifting and shall be inspected and ap- proved by the Engineer at its source. A certificate indicating compliance with the governing regula- tions of the N. ¥. State Department of Agriculture and Markets shall accompany the sod. Insecticide treatment as determined by the Dept. of Agriculture and Market shall be performed by the Contractor or his supplier at the Contractor's expense. The sod shall be cut in pieces which will permit them to be lifted without breaking. Sod may be cut to a minimum thickness of three quarters of an inch. C. CONSTRUCTION DETAILS The depth of topsoil for the sod shall be six (6) inches .after natural compaction. Twenty-four (24) cubic feet of peat moss shall be spread per 1000 square feet of sod bed surface and incorporated to the full depth of the topsoil layer. me Agricultural limestone shall be spread at the rate of 100 pounds per 1,000 square feet. 0-20-0 superphoshate shall be spread at the rate of 50 pounds per 1000 square feet and the complete 1-1-1 commercial fertilizer shall be spread at a rate to yield one pound of nitrogen per 1,000 square feet. Limestone, superphosphate and commercial fertilizer shall all be incorporated into the upper three (3) inches of the topsoil layer. The sod bed surface shall be raked true to line and grade and all sto~es, roots or other foreign matter that may inhibit the sodding operations or future maintena'nce shall be removed. The sod bed surface shall be in a loose and friable condition and shall be lightly moistened at the time the sod is laid. Sod shall be maintained in a moist condition when it is cut, trans- ported and laid in place. Sod shall be planted within twenty-four hours from the time it is lifted. Sod shall be laid in strips parallel to the contour and flush with the surface of abutting, existing lawn areas, pavements, curbs and other structures. Vertical Joints between pieces shall be staggered. Where only portions of existing lawn areas are being restored, the Contractor shall cut a uniform line slightly into the un- disturbed lawn area with an edge trimmer or other suitable means· The sod shall then be placed firmly against the cut edge to form a straight and flush Joint. 2-14 CONTRACT NO.1 DIVISION~ SITEWORK 2.7 RESTORATION OF LAWN AREAS (continued) C. 6. Immediately after the sod is laid, the sod shall be pressed firmly into full contact with the topsoil bed by lightly tamping or rolling without displacement of the sod or the deformation of the finished sod.surface. There shall be no visible voids in the sod Joints and immediately after laying the sod shall be watered evenly at a rate of five gallons per square yard. Any voids that appear after this initial watering shall be filled with topsoil. Differential settlement of the sod shall be corrected by lifting the effected pieces of sod, the addition of topsoil in the depressions, re-laying the sod, tamping and re-watering as specif~ed. The Contractor shall care for the sodded areas until issuance of .the Certificate of Substantial Completion of the contract. Such care shall consist of providing protection against traffic with barricades, watering to provide the equivalent of one inch of rainfall per week, and after the sod has knitted to the topsoil bed, mowing at a height of one and one half inches at any time the grass reaches a height of two inches. D. LIABILITY When in the Judgement of the fngJneer, at any time during the life of the contract up to and including the punch list issued with the Certificate of Substantial Completion of the contract, any area which has been sodded fails for any reason to produce a satisfactory turf after a suitable period of time has elapsed, the Contractor shall re-sod and re-fertilize such areas as specified for the original sodding. Re-sodding and re-fertilizing shall be at the Contractor's expense. 2- 15 CONTRACT NO.1 DIVISION 3 CONCRETE 3.1 CONCRETE A. GENERAL 1. DESCRIPTION The work of this Division is Subject to all applicable provisio, of the "General Conditions," the "Supplementary and Special Conditions," and "Division 1 General Requirements," which form a part hereto whether attached hereto or not. The work under this heading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all concrete work including but not limited to the following: (1) Concrete footings, foundation walls and formwork. (2) Concrete sidewalks, stair, platform and ramps. (3) Reinforcing steel. (4) Setting inserts and sleeves, etc. (5) Grouting around pipes, sleeves and similar items which penetrate concrete work. 2. QUALITY ASSURANCE a. All plain and reinforced concrete shall requirements of ACI 318 latest edition. 3. SUBMITTALS conform to Shop drawings shall be submitted in accordance with the General Conditions of this specification. Contractor shall be responsible for all dimensions of the concrete work. He shall verify all dimensions in relation with other work and existing field conditions. If discrepancies are noted, the Contractor shall notify the Engineer immediately in writing and shall not proceed until so directed. The Contracto shall be responsible for proper arrangement and fit of the work c. No construction shall drawings. proceed unl'ess based on 4. TESTING AND INSPECTION approved shop a. The Owner will arrange for the following services: responsibility for quality control remains with the (However, th Contractor· CONTRACT NO 1 DIVISION 3 ' CONCRETE 3.1 CONCRETE A.4. a. (1) (2) (Continued) Analysis and testing of all aggregate to be used on the project in aocordance with this specification and applicable ASTM specifications. Continuous inspection of mixing and placing, weight control, air content control, slump testing of all concrete, obtaining specimen cyclinders, recording temperatures, noting hot and cold weather protection measures during placing and curing. (3) Compression testing of specimen cyclinders taken from the concrete actually placed in the work. (4) Inspecting and checking operations at the mixing or batching plant. Checking of mix, moisture content of aggregates, gradation of aggregates, cement~ etc. Checking of placement of reinforcing for conformance with drawings and specification requirements by a qualified engineer. b. Preliminary Tests of Controlled Concrete (1) The Contractor shall engage, at his expense, the services of a testing laboratory, approved by the ~mgimeer and reporting to the Engimeer, to design the mix for all controlled concrete. The Contractor shall furnish all materials required for making the tests. Design mixes shall be made for each type of concrete to be used and shall be submitted to the Eng]meer for his approval. Design of concrete mixture to produce specified concrete strengths shall be done by using trial mixes aa outlined under Section 4.2.3 of the ACI Building Code. (2) The laboratory trial mixtures shall develop at 28 days concrete of compressive strength 15% higher than the required minimum to be acceptable for use in the field. (3) Laboratory tests shall include the admixtures to be used. (4) Upon approval of the Engineer, the Contractor shall be allowed to proceed with the work if the laboratory trial mixture develops a compressive strength of 70% of the required 28 day ultimate strength, at the end of seven days. (5) If the Contractor is not satisfied with the trial mixes and/or the final mix recommended by the testing laboratory, then the Contractor shall make this known in writing to the Em§ineer before concrete pouring takes place. If he is satisfied, the Contractor shall supply the Engimeer, with 3-2 CONTRACT NO.1 DIVISION 3 CONCRETE 3.1 CONCRETE A.4. b. (5) (Continued) a letter before pouring starts, that he has satisfied himself that the mix'recommended by the testing laboratory will produce concrete of specified strength and that he accepts the mix. c. Tests of Concrete during Construction (1) During the progress of the work, for every fifty cubic yards of concrete placed, or for any smaller amount of concrete placed on any one day, four test cylinders shall be made and stored in accordance with ASTM C-31. The method of sampling fresh concrete shall be in accordance with ASTM C-172. The Contractor shall provide a safe storage box for storage of test cylinders in an undisturbed manuer. (2) One of the specimens shall he tested after seven (7) days and three (3) after twenty-eight days. The 7-day strength will be assumed to have 70% of the 28-days strength. (3) Compression tests shall be conducted in accordance with ASTM C-39. (4) Slump tests shall be made for each truckload of concrete placed, in accordance with ASTM C-143. (5) All test cylinders shall be marked with a number, the date they were made, and location of concrete placement together with full information on materials, proportions, water, air and cement contents and other pertinent data. This information will be provided with the test cylinder reports. de Despite the testing done by the Owner, the responsibility for control of quality shall be the Contractor's. Therefore, the Contractor shall have performed at his own expense and under his own direction, whatever tests and certifications he may deem necessary, in addition to those specified, to control the quality of his construction. 5. JOB CONDITIONS Concrete shall not be placed when air temperature is below 40°F., nor when concrete temperature is less than 50°F. except with special approval of Em§imeer,i based upon precautions taken by Contractor, as specified herein. 3-3 CONTRACT NO.1 DIVISION ~ CONCRETE 3.2 CONCRETE FORMWORK A. PRODUCTS 1. MATERIALS a. Forms: Plywood or 2" nominal thickness stock shaped as indicated for concrete work. b. Form Coating: "Form Coating" by Toch Brothers Inc., "Rugasol FD" by Sika Chemical Corp. or "Euco Formkote" by Euclid Chemical Co. c. Form Ties: "Unetra Form Clamp" by Hohmann & Barnard Inc., "Slim Jim Tie" by the Dayton Sure-Grip & Shore Company or other approved submission. B. EXECUTIO}~ 1. PERFORMANCE a. All forms shall conform to the lines, dimensions and shapes of concrete indicated on the drawings. b. Coat forms before each use with approved form coating. c. Construct footing forms to extend full height of footing. d. Forms shall be watertight to prevent leakage of concrete. e. Brace all forms to insure that position and shape are maintained Before any section of concrete is poured, thi~ Contractor shall check with all other trades and see that all inserts, openings, bolts, sleeves, pockets and slots that may be desired are incorporated into the section about to be poured. g. Ail forms must be absolutely clean and free from shavings- before any concrete is poured. Before any forms are moved and subject to Engineer's approval, the concrete shall have attained sufficient strength to prevent injury due to such removal. The Contractor shall be held responsible fo.r any injury arising from premature removal of for~ i. Forms for all concrete work below grade shall be entirely removed before backfilling is done. 3-4 CONTRACT NO.! DIVISION 3 CONCRETE 3.3 CONCRETE REINFORCEMENT A. PRODUCTS 1. MATERIALS Reinforcing steel must be correctly rolled to section and free from surface defects, scale or oil that will destroy or reduce the bond. Reinforcing steel shall comply with ASTM A-615. Bare shall be Grade 40. Raised markings on bars should identify manufacturer and sizes and distinguish the grade. d. Ail B. EXECUTION 1. PLACING ae Welded wire fabric reinforcing shall meet the requirements of ASTM Specification A-185, latest edition. Galvanizing of reinforcing steel and welded wire fabric: ASTM A-123 and A-153. other materials as herein specified. Rigidly wire all reinforcement in place with adequate spacers and chairs. All. bars, including ties, shall conform to ACI 318,latest editior Support reinforcement for concrete slabs on ground or fill on precast concrete bricks of proper thickness or "Mesh Ups" as manufactured by Lotel Incorporated. Ail reinforcements shall be cold bent as per ACI Standards. 2. INSPECTION a. Notify the Engineer at least two days in advance of placing concrete in order to allow inspection of reinforcing. 3.4 CAST-IN-PLACE CONCRETE A. PRODUCTS 1. MATERIALS a. Aggregate: ASTM C-33. b. Cement: Portland Cement ASTM C-150. c. Water: Drinkable, from a public source. d. Air entraining admixture: ASTM C-260. Builders, "Sika AER" by W.R. Grace. "MB-VR" by Master Sika Chemical or "Darex AEA" by 3-5 CONTRACT NO.1 DIVISION 3 3.4 CASTvIN-PLACE CONCRETE (Continued) A.1. e. Water reducing and retarding admixtures: ASTM C-494, by Master Builders, "Plastiment" by Sika Chemical or by W.R. Grace. CONCRETE "Daratard" Water reducing and accelerating admixtures: Type E, "Trimix" by Sonneborn, "Sikacrete" "Dehydiatine 80" by W.R. Grace. ASTM C-494, by Sika Chemical, Curing compound: ASTM C-309, "Kure-N-Seal" by Sonneborn, "Master Seal" by Master Builders or "Horn Clear Seal" by W.R. Grace. h. Coloring agent for mortar or concrete: Emulsified carbon black meeting the requirements of Section 711-09 of the N.Y.S.D.O.T. Standard Specifications for Construction and Materials dated January 3, 1978 as amended January 2, 1979. i. Grout: "Fica Star Grout" by U.S. Grout Corporation, "Embaco" by Master Builders, "Axpand Crete" by Anti-Hydro Waterproofing J. Premolded Joint filler: Closed cell plastic foam filler, of thickness indicated, No.5401 by W.R. Grace or "Etha Foam" by Dow Chemical Co. or an approved equal. k. Expansion Joint sealer: Two part polysulfide sealant "Hornflex" by W.R. Grace, "Last-o-merle" by Tremco or "Sonnolastic" by Sonneborn. 1. Non-slip aggregate: Aluminum oxide - "Alundum" by Norton, "Frictex NS" by Sonneborn or "Durafax" by W.R. Grace. m. Ail other materials as herein specified. 2. PROPORTIONING Ail concrete unless otherwise indicated shall be controlled concrete using Portland Cement as specified under MATERIALS, and shall be proportioned in accordance with Section 4.2.3', as outlined in the Building Code of the American Concrete Institute (ACI 318), except as .otherwise required by these specifications. The allowable design stresses are based upon the minimum 28 day compressive strength of 3000 P.S.I. for all building concrete including footings, foundation walls, slabs, etc. and 4000 P.S.I. air entrained cohcrete for all exterior flatwork including platforms, pads, ramps, sidewalks, etc. and for other exterior concrete including retaining walls, steps, curbs, etc. Trial mixes shall include the specific admixtures, in the proportions to be used, in the construction. The controlled concrete to be used shall conform to the materials and the proportions of the approved design mix obtained as the result of the pre- liminary tests. The use of any admixtures not present in the approved prel.iminary test mix is prohibited. No concrete shall be used which does not conform to design mixes approved by Engineer. ~ONT~RACT NO.1 DIVISION 3 CONCRE~ 3.4 CAST-IN-PLACE CONCRETE (Continued) A. 2. b. Maximum slump shall be 5"+ be 3". _ , except for paving which shall Aggregates for concrete shall be measured by weighing. Each size of aggregate and the cement shall be weighed separately. Weighing devices shall be accurate within one percent. Cement in sacks of 94 pounds need not be weighed, but bulk cement and fractional packages must be weighed. Mixing water ahall be measured by volume. de Use a water reducing and retarding or accelerating admixture for hot or cold weather placement only when approved by the E,n~| ~ r~. e. Do not add salt to the mixture with a view to prevention of freezing. All concrete exposed to the elements shall be air entrained concrete and shall have an air content of 6% ~ 1% of the volume of the concrete. Where shown on the drawings, the concrete placed for the wheelchair ramp pavement shall be colored by adding to the mix an amount of Emulsified Carbon Black equal to two percent by weight of the cement used in the mix. 3. MIXING In general, the use of ready-mixed concrete is favored and shall conform to ASTM C-94. The quality of materials shall be as specified above. Care shall be taken to see that over mixing of materials in a delayed truck does not damage the entire batch. Even with air-entraining cement, the maximum period from the time when water is added and mixing starts until the concrete is delivered into the forms, shall in no case exceed 1-1/2 hours, and the inspector shall watch the various batches so that whenever segregation or partial setting raises a question as to the quality of the concrete, it shall not be put into the forms. The ready-mixed concrete plant approved for supplying concrete to this project shall have demonstrated the ahtlity to provide consistent quality concrete as follows: (1) (2) Batch plant of the completely automated type with recording devices showing the individual weights of the materials batched or with a verifiable coefficient of variation not exceeding 15% in accordance with ACI 214. Transit Equipment in sufficient quantity and proper condition to service the job. 3-7 CONTKACT NO.1 DIVISION CONCRgTE 3.4. CAST-IN-PLACE CONCRETE (Continued) A.3. b. (3) Ability to provide the cement and aggregates in with the specifications. accordance Furnish certification with each truck delivery attesting to strength of mix, amount of water and cement contained and time truck left plant.. d. Mixing time shall be at least one minute per cubic yard, but not less than five minutes for the total load. Mixing en route will not be permitted. Retempering of partly set concrete shall not be permitted. e. The Emg]aeer shall have the right to have the Contractor discontinue the services of the concrete supplier if in his opinion the supplier is not providing satisfactory continuity of delivery and cooperation. B. EXECUTION 1. PREPARATION Ail reinforcement, forms and ground which the concrete is to come in contact with shall be free from frost. Concrete shall not be deposited during rain unless adequately protected, and in any case, preparations shall be on hand to protect newly placed concrete from rain until it has hardened sufficiently so that it will not be damaged. No concrete shall be placed until subgrade, forms, reinforcement and other preliminary work have been approved by the Emgimeer. Notify the [ngJneer and the testing laboratory at least 48 hours before any concrete is placed, and obtain the Engineer's and testing laboratory's permission prior to placing concrete. 2. BUILT-IN WORK Build in all anchors, sleeves and all other work requiring building in, to receive work of other trades and/or of other contractors. Ail of this work shall be built-in as directed by those whose work it is to receive and approved prior to placing concrete· 3. PLACING Place concrete promptly after mixing. concrete by methods which will prevent of material. Convey and deposit segregation or loss b. Free fall in excess of three feet below chute or hopper will not be permitted. 3-8 CONTRACT NO.1 DIVISION 3 3.4 CAST-IN-PLACE..CONCRETE (Continued) CONCRETE B.3. c. Ail concrete shall be thoroughly compacted by mechanical vibrators during the operation of placing and shall be thoroughly worked around reinforcement and embedded fixtures and into the corners of the forms. Foundation walls shall be placed in change in proportion. Thicknesses, shall be as shown on drawings. one operation without reinforcing and elevations Slabs on grade shall be placed full thick in one operation without change in proportion. Thicknesses and reinforcing shall be as shown on drawings. Concrete aprons, ramps and platforms shall be placed full thick in one course. Thicknesses and reinforcing shall be as shown on drawings. Expansion Joints shall be provided where indicated, on the drawings. Premolded joint filler of size and thickness detailed shall be placed in such a way to provide a 1/2" deep recess to receive sealant. Seal with an approved type sealer applied in accordance with manufacturer's instructions. h. Do all grouting as required and/or indicated with non- shrink grout. 4. CURING AND FINISHING Forms shall be kept in place for seven days curing period· The top exposed concrete surface shall be kept wet and the wood forms shall be loosened to allow the water to be poured over the top and thus run down between the concrete and forms. Troweled finish: The slab surfaces shall be finished first with impact power floats, where applicable, then with power trowels, and finally with hand trowels. The top surface of all slabs shall be sprayed with an approved liquid membrane-forming compound in accordance with the directions of the manufacturer as soon as the newly placed surface has been finished and rill not be marred by application. Manufacturer shall guarantee compatibility with all types of resilient floor adhesives. Exterior exposed concrete surfaces shall be finished as follows. Remove form and fin marks and correct minor defects, dampen, brush-coat with grout, and rub with wood float until surface is even, uniform and smooth. 3-9 CONTRACT NO.1 DIVISION ~ CONCRETE 3.4 CAST-IN-PLACE CONCRETE (Continued) B.4. e. Exterior stairs, ramps, and platforms indicated on drawings to receive non-slip aggregate shall have the abrasive ag- gregate incorporated in the cement finish, dampened and spread evenly, using 1/2 pound per square foot of surface. Final troweling shall work the particles into the surfaco without burying them. f. Float concrete stairs and platforms with a wooden float and burlap drag until the surface is true and even. g. Wheelchair ramps shall be broom finished at right angle to the slope. 5. PROTECTION AND PATCHING All concrete shall be maintained at a temperature of at least 50°F. for not less than four days after depositing. The approved practices for cold weather concreting shall be as outlined in ACI 306. Protect concrete from construction traffic including action of sun, rain, flowing water, frost, snow or mechanical injury. c. During hot weather, the approved practices for hot weather concreting shall be as outlined in ACI 305. de Any concrete which is not formed as indicated on drawings or for any reason is out of alignment or level or shows a defective surface, shall be considered as not conforming with the intent of these specifications and shall be a subject of rejection. Concrete damaged by weather conditions shall be removed and replaced by Contractor at his own expense, even though the Emg. ime.er: has permitted the concrete to be placed. 3-10 CONTRACT NO.] DIVISION 4.1 MASONRY A. GENERAL I. DESCRIPTION The work of this Division is subject to all applicable provisions of the "General Conditions", the "Supplementary and Special Conditions", and "Division 1 General Requirements", which form a part hereto whether attached hereto or not. The work under this heading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all masonry work including but not limited to the following: (1) Concrete block. (2) Mortar· (3) Joint reinforcement. (4) Setting loose lintels, base plates, bolts and all other items requiring setting, building, grouting and anchoring into maeonry. 2. QUALITY ASSURANCE a. The manufacturer of concrete masonry units must be a member of the National Concrete Masonry Association. Masonry work shall be done by men skilled in their trade, in a workmanshiplike manner, to the full and unqualified approval of the Em§~meer. 3. DELIVERYt STORAGE AND HANDLING Store masonry materials in dry locations. When stored outdoors, load on platforms and protect from the weather with tarpaulins, heavy plastic sheeting or other approved means. Store mortar materials in the building or i~ watertight sheds. Protect loose materials from intrusion of foreign matter. b. Packaged materials shall be delivered in the original, unopened containers of the manufacturers. 4-1 CONTRACT NO.1 DIVISION 4 MASONRY 4.1 MASONRY (Continued) A.4. JOB CONDITIONS a. Anti-freeze compounds and liquids will not be permitted in mortar. Retempering of mortar will not be permitted and mortar that has been allowed to stand for more than one hour shall not be used. 4.2 MORTAR A. PRODUCTS i. MATERIALS a. Portland Cement: ASTM C-150, Type 1, standard gray, purchased in one lot as manufactured by Atlas Universal Cement Company, Lone Star Cement Company or Lehigh Portland Cement Compauy. b. Masonry Cement: ASTM C-91, Type 11, approved standard brand as manufactured by Lone Star Cement Company, Universal Atlas Cement Company or Lehigh Portland Cement Company. c. Hydrated Lime: ASTM C-207, U.S. Gypsum Company's "Mortaseal", Warner Company's "Superlimoid" or approved equal as made by G.W. Corson. d. Sand: Clean, coarse, free from loam, salt, organic material or other foreign matter. e. Water: Drinkable, from a public source. 2. PROPORTIONING a. Refer to ASTM C-270, latest edition. b. Mortar shall be Type M mixed in the proportions of 1 part Portland Cement, 1/4 part hydrated lime and between 2-1/2 to 3 parts sand or with the approval of the Architect, mortar may be mixed in the proportions of 1 part Portland Cement, 1 part masonry cement and between 4-1/2 to 6 parts of sand. c. Color of mortar shall match existing adjacent work. 4-2 CONTRACT NO.1 DIVISION 4 MASONRY 4.2 MORTAR (Continued) A.3. MIXING a. Mixing: Add cement Just before mixing. Machine mix all mortar in approved type mixer with device to accurately and uniformly control water. Add only as little water as possible to produce a workable mix. Mix dry materials not less than 2 minutes. Add water, then mix not less than 3 minutes. When using hydrated lime, mix dry. B. EXECUTION 1. APPLICATION a. For use of mortar refer to 4.4 UNIT MASONRY. 4.3 ACCESSORIES A. PRODUCTS 1. MATERIALS aJ Joint Reinforcement: "Trus Mesh" by Hohmann and Barnard, Inc., "Bloc Trus" by A.A. Wire Products Co., or "Dnr-O-Wall Truss" by Dur-O-Wall National Inc. Corrugated Wall Ties: Shall be 16 GA. galvanized steel 7/8" x 7" by A.A. Wire Products Co., Hohmann & Barnard, or Dur-O-Wall National Inc. c. Premolded joint filler: Closed cell plastic foam filler, of thickness indicated, No, 5401 by W.R. Grace or "Etha Foam" by Dow Chemical Co. or an approved equal. d. All other materials as herein specified. 4-3 C~ONTRACT NO. 1 DIVISION 4 MASONRY 4.3 ACCESSORIES (Continued) B. EXECUTION 1. INSTALLATION Install Joint reinforcement 16" o.c. vertically in all masonry walls. At openings, install reinforcement in the course above and below the opening, extending 24" beyond the first vertical Joint on each side. Joint reinforcement shall be wide enough to extend within 1" of block face. 4.4 UNIT A' PRODUCTS 1. MATERIALS Bond each block course at intersections with Joint reinforcement Install corrugated wall ties 16" o.c. vertically. Control Joints shall be provided wh~ere indicated on the drawings. Premolded Joint filler of size and thickness detailed shall be placed in such a way to provide a 1/2" deep recess to receive sealant. Seal with an approved type sealer applied in accordance with manufacturer's instructions. MASONRY Expanded slag concrete block: Load bearing solid units solid) ASTM C-145, grade N-1. Siliceous concrete block: ASTM C-90, grade N-1. Hollow load bearing nnits (75% Concrete masonry units shall be as manufactured by Smithtown Concrete Products, Plasticrete Corp. or Bayonne Block Company, Inc. d. Face Brick: Match brick on existing building. e. Ail other materials as herein specified. CONTRACT NO.~ DIVISION 4 MASONRY 4.4 UNIT MASONRY (Continued) B. EXECUTION 1. INSPECTION Make Job site inspection for arrangement of courses and jointing with size of masonry openings and built-in work. If discrepancies occur, notify Emgimeer in writing. 2.~PREPARATION Furnish, erect, maintain and move all scaffoldings, runways, ramps, hoisting apparatus and any other equipment required for installation of masonry work. be Construct and maintain in strict accordance with all applicable state laws and municipal regulations. Equip with ample protection. In no case shall the Owner be responsible for any damages or accidents arising from the use of scaffolding equipment. 3. INSTALLATION No masonry shall be erected when the temperature is below 32°F. unless special provisions are made for heating the materials and protecting the work, by providing and maintaining the temperatures above 40°F., during and for 48 hours subsequent to lay-up. No exposed exterior masonry shall be erected when temperature is above 90aF. Protect all masonry during construction and at day's work protect top with suitable waterproof secured in place. the end of each membrane c. Masonry units indicated on the drawings shall be hollow load bearing units and solid load bearing units. Ail masonry shall be laid in ruDning bond plumb, true to line with level and accurately spaced courses with corners plumb and true and with each course breaking Joint with the course below. Keep bond plumb. Provide control joints in all m&sonry as indicated. e. Brick shall be damp when laid. Brick shall ba shoved into place in a full bed of mortar, fill Joints solid. 4-5 CONTRACT NO.1 DIVISION MASONRY 4.4 UNIT MASONRY (Continued) B.3. f. Lay dry concrete masonry units with full mortar coverage on horizontal and vertical face shells. Take care to keep cavity clean and free of mortar droppings and refuse. Until wall is topped out, leave out one brick every two feet at bottom of cavity to permit daily flushing. Replace brick and provide weep holes 2 feet o.c. after wall is topped out. h. Tooled Joints shall match existing adjacent work. Install items required to be built-in with masonry, including doors, windows, louvers, flashing, Joint reinforcement, anchors and other work specified under the sections and/or furnished by other trades and contracts. All loose lintels and other miscellaneous items to be built-in with masonry shall be handled and set in place where scheduled and/or as required. Bed all lintels in mortar. Bearing units at all masonry Jambs shall extend from structural floor surface to underside of lintel and shall be filled solid with mortar· Step back unfinished work for Joining new work. work is started, remove loose mortar and wet all Joints thoroughly. Before new exposed Provide minimum caulking space 1/4" wide and 1/4" deep aroung frames in exterior openings or as shown on drawings. Provide caulking space at control Joints. 4. POINTING AND CLEANING Point and fill all holes and cracks in exposed Joints with additional fresh mortar. If mortar has hardened, the defect shall be chiseled out and refilled solidly with fresh mortar and tooled as specified. Clean exposed masonry surfaces thoroughly from top down to remove stains and mortar deposited during construction. Wet walls before applying approved cleaning solution and protect all metals, stone and other work. Scrub with stiff fiber brushes and clean only a small area at a time. Rinse surfaces thoroughly with clean water immediately after cleaning to avoid etching or staining of the masonry. CONTRACT NO.1 DIVISION ', METALS 5.1 METALS A. GENERAL 1. DESCRIPTION The work of this Division is subject to all applicable provisions of the "General Conditions," the "Supplementary and Special Conditions," and "Division 1 General Requirements," which form a part hereto whether attached hereto or not. The work under this heading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all metal work including but not limited to the following: 1) Structural metals (Loose Lintel) 2) Aluminum railings 2. QUALITY ASSURANCE Ail materials shall be free from defects durability or appearance and shall be of for the purpose specified. impairing strength, the best quality b. All structural steel shall conform to AISC Code of Standard Practice Latest Edition. 3. SUBMITTALS a. Submit shop or erection drawings for lintel including all necessary details. b. Submit shop drawings for miscellaneous metal work. DELIVERY~ STORAGE AND HANDLING a. Delivery shall be in ample time to facilitate the work as specified under this division. 5-1 CONTRACT NO.1 DIVISION 5 METALS 5.2 STRUCTURAL METALS A. PRODUCTS 1. MATERIALS a. All structural steel (loose ]intel) shall conform to ASTM Specification A-36, latest edition. b. Welding electrodes for manual shielded metal arc welding shall conform to the E60 or E70 Series of ASTM A-233, latest edition. The Contractor shall submit certified mill test reports of ma.nufacturer's certifications as evidence of conformity with ASTM Specifications. de Paint for shop application and field touch-up: "#99 red metal primer" by Tnemec Co., "S.R.P." by Sonneborn or "Bare Metal Primer #769" by Rust-Oleum Corp. e. Ail other items of structural metal work as may be required to make the work complete. 2. FABRICATION All work shall be fabricated so that the various pieces shall fit accurately and permit continuous erection without undue labor, drilling, fitting or cutting· At completion of fabrication, clearly mark pieces with erection marks or numbers· Markings or numbers shall agree with those given on erection drawings. Field or shop errors shall not be corrected by burning unless approved by ~mg|neer. Ail costs involved in the correction of fabrication errors shall be the responsibility of the B. EXECUTION 1. INSPECTION Contractor shall examine drawings, specifications and existing field conditions and shall be responsible for th'e proper arrangement amd fit of the work. If discrepancies occur, notify Em~'|neer in writing. 5-2 CONTRACT NO.1 DIVISION 5 HETALS 5.2 STRUCTURAL METALS B.'2. ERECTION (Continued) 3. . bm All work shall be set plumb and true and in place. Suitable temporary braces and provided to hold the work in place until be properly secured stays shall be permanently secured. Provide all anchor bol~s as may be required. Anchor bolts and other incidental items of structural steel required to be built into concrete or masonry shall be furnished to respective trades at proper time and shall include instructions or templates for their installation· Deliver loose lintel to the site in an orderly manner and deposit at location directed. Loose lintels are to be set by the mason. 3. PAINTING a. All steel, except surfaces where field welding is to occur, shall receive a shop coat of paint in accordance with the AISC Specification. Paint shall be an approved rust-inhibitive primer· After erection, the steel shall again be cleaned and all field bolts, welds, and any damaged or unpainted surfaces shall be spot painted with the same paint used for the shop coat, 5.3 MISCELLANEOUS METALS A. PRODUCTS 1. MATERIALS Aluminum pipe railings: Schedule 40 1-1/2" I.D. of alloy No.6063-T52 complete with flush type elbows, ties cover flanges, brackets, etc. as shown on drawings and as required. Welding electrodes for manual shielded metal arc welding shall conform to the E60 or E70 Seri~s of ASTM A-233, latest edition. Galvanizing of products after fabrication; ASTM A-123 and A-153. Grout: "Five Star Grout" by U.S. Grout by Master Builders or "Axpand Crete" by Co. Coporation, t'Embeco. Anti-Hydro Waterproofing eo Anchor bolts: Stainless steel sleeve anchors No.FF-1420 by ITT Phillips Drill Company or equivalent products as by McCulloch Industries or the Molly Company. the 5-3 CONTRACT NO.1 DIVISION 5 --- -- METALS 5.3 MISCELLANEOUS METALS (Continued) Other materials required shall be of highest commercial quality and shall comply with the applicable requirements of applicable ASTM or Federal Specifications. 2. FABRICATION Members or parts to be built-in with masonry or concrete shall be in a form affording a suitable anchorage or shall be provided with approved anchors, expansion shields or other approved means of securing the members. B. EXECUTION 1. INSPECTION a. Verify all conditions and dimensions in field, report discrepancies to ~ngineer in writing. PREPARATION a. Each stairway ~hall be closed to public traffic while workmen are installing handrails. Suitable barriers shall be provided and set at the top and the bottom of each stairway. At no time shall more than one stairway be closed. 3. INSTALLATION a. Welding and bracing shall be of adequate strength and durability, with Jointing tight, flush, in plane, dressed smooth and clean· All welding shall be done by certified welders. b. Free standing railings shall be set plumb and true to limes indicated on the drawings. c. Drill and set anchors into existing surfaces. Set wall brackets into these anchors as detailed. Align flanges and tighten set screws. Set handrails on railing craddles of wall brackets. Attach with flathead spanner screws. Weld flat bars to exist handrails and to handrail extensions grind smooth all Joints. Where handrails have solid vinyl cover, remove existing cover prior to welding and replace with new after Joints are ground smooth. 5-4 CONTRACT NO,1 DIVISION WOOD AND PLASTIC 6.1 WOOD AND PLASTIC A. GENERAL 1. DESCRIPTION a. The work of this Division is subject to all applicable provisions of the 'Agree~ment", "General Conditions" and "Division 1 General Requirements", which form a part hereto whether attached hereto or not. b. The work under this heading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all carpentry work including but not limited to the following: (l) (2) All wood framing, grounds, blocking, nailers, ties and the like, necessary or required lot"the attachment or support of the work of this section or other sections. All nails, screws, bolts, anchors, fastenings, as required for work under this section including all items necessary for rough hardware. (3) Temporary enclosures and barricades· (4) Paint grade trim, running members, returns of solid or built-up wood members. (5) QUALITY Receiving, checking, storing, installing finishing hardware. ASSURANCE distributing and Lumber grades shall conform to the grading rules of the Association having Jurisdiction, and shall bear the official grade and trademark of the Inspection Bureau of the Association and a mark of mill identification. Moisture content of rough lumber shall not exceed 19 percent (191), and moisture content of finishing lumber shall not exceed 12 percent (12%). Defects or blemishes shall not appear in £he material used· Lumber shall be D4S, sound, thoroughly seasoned and well manufactured, and free from warp that cannot be corrected in the process of nailing or bolting· 6-1 CONTRACT NO.1 DIVISION WOOD AND PLASTIC 6.1 WOOD AND PLASTIC (Continued) A.3. SUBMITTALS ae Submit Shop Drawings in accordance with the requirements of the General Conditions based on the Contract Drawings and Specifications showing complete details of construction size of members, kinds of material, assembly of work, and connections to adjacent work, and set forth the necessary provisions.for the proper execution of the work of other trades. b. Submit samples of wood, plywood, particle board and plastic laminate. 4. DELIVERY~ STORAGE AND HANDLING a. Delivery shall be in ample time to facilitate the~work as specified under this Division.' 6.2 ROUGH CARPENTRY A. PRODUCTS 1. MATERIALS a. Ail necessary lumber and rough hardware required for the construction of all temporary enclosures and/or barricades. b. Wood framing, grounds, and blocking, D4S No.2 Common Spruce, Western Hemlock. Provide all items of rough hardware of every description including nails, spikes, screws, bolts, lags, anchors, ramsets, ties, expansion shields and bolts, strap irons and other items which are required to assemble or secure the work shown or specified herein. Fastenings for securing wood g~ounds, blocking and similar work to masonry shall be of metal of a type and spacing best suited to conditions, subject to approval of the [nolneer. B. EXECUTION 1. INSTALLATION Install and maintain any and all insure the safety of the workmen entire length of the contract. barricades necessary to and the public for the 6-2 CONTRACT NO.1 DIVISION 6 WOOD AND PLASTIC 6.2 ROUGH CARPENTRY (Continued) B.1. b. All blocking, nailers, grounds, framing and other rough woodwork shall be properly framed, closely fitted amd accurately set to the required lines and levels and rigidly secured in place as shown or as ~ecessary for the support or attachment of the various items herein specified. Install all wood grounds and/or framing required for the securing in place of all finished carpentry work and other items furnished by this or other con~ractors.includiug shelving, etc. 6.3 FINISH CARPENTRY A. PRODUCTS 1. MATERIALS ¥ a. All exposed interior woodwork, trim, etc., shall be as shown on drawings, schedules or in these specifications, unless otherwise specified. Ail exposed faces shall be clear of all knots and surface blemishes and all lumber used shall be of quality classified as "first" (FAS). b. Paint grade, moldings, trim and running members - No. 1 Idaho White Pine. B. EXECUTION 1. INSPECTION a. All dimensions and conditions at the building which affect the size, construction and installation of items or features provided under this section shall be carefully checked, verified and compared with those given on the drawings. All discrepancies and conflicts including those between differ.cut materials or installations shall be reported to the Eng|neer in writing for correction and ~dJustment. 2. INSTALLATION a. All workmanship throughout shall be 1st class and all woodwork shall be assembled and erected by men skilled in the trade. The Contractor when installing items not shop assembled shall distribute, to best over-all advantage, the defects allowed in the quality grade specified. 6-3 CONTRACT NO.1 DIVISION 6 WOOD AND PLASTIu 6.3 FINISH CARPENTRY (Continued) B.2. b. Ail woodwork shall be properly and firmly backed up, blocked as required. Joints shall be made in approved manner to conceal shrinkage and be tight, secured with finishing nails, screws and glue. Ail nailing to be blind or face nailed. All woodwork shall be fitted and scribed to walls or other finished york or surfaces in a careful manner so as not to injure these surfaces in any way. d. Ail work shall be set straight, plumb and level, in perfect alignment and be closely fitted. All interior finished woodwork shall be fully protected from weather, damage, kept clean and stored properly. No interior finished woodwork shall be installed in any wet or damp portions of the building. The Contractor shall clean, smoothly dress and sandpaper all exposed surfaces. No plane or tool marks shall show. He shall further dress all exposed surfaces of interior finish woodwork with fine grit sandpaper or steel wool to a smooth and clean surface. He shall deeply set nails and screws for putty stopping. g. Ail trim, running members, etc., shall be back primed as called for under Division 9 Finishes, Section 9. Do all cutting and fitting of woodwork necessary to accommodate the work of other trades, patch and make good any woodwork cut or damaged from any cause. i. Finish hardware: (1) All finishing hardware shall be received, stored and distributed, and the responsibility for its safety assumed by this Contractor.. Leave the protection wrapped around pieces of hardware as it is installed, properly maintain until the final completion of the building. (2) Do not install finishing hardware in the building until all wet work hss been fully completed and dry. (3) Hardware shall be applied not only to the work furnished under this section but shall be fitted and adjusted to work furnished under other sections. DIVISION 6 CONTRACT NOol WOOD AND PLASTIC 6.3 FINISH CARPENTRY (Continued) B.2. i. (4) Hardward shall be accurately fitted and secured in place, adjusted to operste perfectly and free from scratches and/or other defacements. (5) The Contractor shall be responsible for the condition and operation of all finished hardware until the issuance of the Certificate of Final Acceptance. (6) Face hardware shall, after being fitted, be removed before the woodwork finish or painting is applied and neatly replaced after the finishing or painting is fully com- pleted. (7) Immediately prior to completion of all work, go over the entire building with the ~bn§ineer and see that each piece of hardware is undamaged, in perfect working order amd that the proper key for the lock in questiom ia identified. ADJUST AND CLEAN a. Provide thorough and proper interior finished woodwork. means for the protection of all 6-5 DIVISION 8 CONTRACT NO.1 DOORS AND WINDOW:~ 8.1 DOORS AND WINDOWS A. GENERAL 1. DESCRIPTION Me The work of this Division is subject to all applicable provision of the "General Conditions", the "Supplementary and Special Conditions", and "Division 1 General Requirements", which form a part hereto whether attached hereto or not. The work under this h'eading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all frames, doors and glazing work including but not limited to the following: (1) Hollow metal work. (2) Wood doors. (3) Finish hardware (4) Specialties (5) Glazing 2. QUALITY ASSURANCE a. All materials shall be free from defects impairing strength, durability or appearance and shall be of the best quality for the purpose specified. b. Hardware shall conform to Federal Specification FF-H-106, FF-H-121D or FF-H-116C latest edition. c'. Glass shall meet Federal Specification DD-G-451C. d. Caulking for glazing shall meet Federal Specification TT-G-410. 3. SUBMITTALS Submit shop drawings showing thickness of metal, details of construction, prgfile of molding, connections to other work, fastenings anchors and reinforcing for hardware to the En§imeer for review and approval. Ali profiles shall follow the architectural details. S-1 CONTRACT NO.1 DIVISION 8 DOORS AND WINDOWu 8.1 DOORS AND WINDOWS (Continued) A.4o DELIVERY~ STORAGE~ AND HANDLING a. Delivery shall be in ample time this Division. to facilitate the work of 8.2 HOLLOW METAL WORK A. PRODUCTS 1. MATERIALS a. Hollow metal frames: Combination buck, Iambs and trim, with all miters clean cut, reinforced, fully seam welded and cleaned off flush. Open hearth, pickled, cold rolled and annealed sheet steel. Frame type: as shown on drawings to profiles detailed. (1) Interior frames: #16 gauge except where Board of Fire Underwriters and/or local Building Codes fire ratings require a heavier gauge. (2) Frame anchors: At masonry walls, Underwriter Laboratory approved type minimum 2" wide, sliding on straps welded to frames. At metal studs, #16 gauge Z anchors welded to frames. Provide three (3) anchors per Jamb for standard 7'-0" high frames and a minimum of four (4) anchors per Jamb for frames 7'-0" high and over. Hollow metal doors: Flush type, 1-3/4" thick unless scheduled otherwise, reinforced inside with stiffeners and constructed of the best quality, open hearth, full cold rolled, full pickled, patent leveled, annealed sheet steel, free from visible waves or other surface defects. (1) Interior doors (a) Door Plates: #18 gauge, except where Board of Fire Underwriters and/or Local Building Codes fire ratings require a heavier gauge. (b) Z-bar stiffeners, continuous channel at top and bottom: #16 gauge. (c) Mortise and reinforce for all required hardware including #16 gauge steel box for locks, 5/32" reinforcement for butts and #14 gauge reinforcement for door checks. 8-2 CONTRACT NO.1 DIVISION 8 8.2 BOLLOW METAL WORK A.2. HANUFACTURF DOORS AND WINDOWS (Continued) ~ Eollow metal doors and frames shall be as manufactured by the Williamsburg Steel Products Company, Pioneer Fireproof Door Corporation or Karpen Steel Products Inc. 3. FABRICATION Provide cutouts and reinforce door frames for all required hardware. Ail hardware reinforcing shall be not less than' 1/8" thick sheet steel. b. Provide one ~12 gauge floor clip on bottom of each ~amb and angle spreaders at the bottom of frame. c. Thoroughly clean all surfaces of frames. Sand free of all imperfections. Prime with rust-inhibiting paint, baked on. d. Punch interior frames for door mutes, 3 on strike side for single doors. The tops of all exterior doors are to be closed to prevent accumulation of moisture and rain water. Door edges Fully welded with no visible seams on either Faces or edges. Doors shall be nortlsed, reinforced, drilled and tapped at the Factory From templates For all mortise hardware listed i'n the hardware schedule. Mortise and reinforce only {:or arm of Floor hinges, such as Rixson and Shelby. They shall be reinforced only For surface-applied hardware such as checks, brackets, pulls, escutcheons, etc.; the drilling and tapping For which is to be done in Field by door erection contractor. Kickplates and/or map plates to be applied with sheet metal screws thru pilot holes drilled in doors by erector. All doors are to be thoroughly'cleaned, primed and filled to present a smooth surface and given sufficient coats of baked-on rust inhibiting primer to receive Finish painting in field. Baked enamel finish, where Specified, shall consist of sufficient coats of enamel in addition to prime, each coat to be baked on and rubbed smooth; Final coat is to be rubbed to an eggshell gloss. 8 - 3 DIVISION 8 CONTRACT NO.1 DOORS AND WINDOWu 8.2 HOLLOW METAL WORK (Continued) B. EXECUTION INSTALLATION a. Erect frames plumb, out-of-wind, and in proper position to receive the partition work. Set frames with heads level, using level on tripod to .insure that all frames of the same height are at the same level. b. Rigidly brace door frames in place and anchor securely to floor. After being built in full height of both Jambs, remove bracing and floor spreaders· Use care in anchorages eo that Jambs will be without twist. ¢. Do all necessary cutting, drilling and tapping to acoommodate the work of other contractors. d. After delivery to the site, touch up all places showing abrasion of finish with the same paint as applied at the factory. 8.3 WOOD DOORS A. PRODUCTS 1. MATERIALS Doors: Flush style, 1-3/4" solid core of sizes indicated on drawings· Face veneer species shall match existing unless otherwise indicated. b. Solid core doors shall be 1-3/4" solid lumber staved core type DSC-l, life time guarantee. c. Hollow core doors shall be 1-3~ solid lumber staved core guaranteed for two years after acceptance of the project. d. Door moldings for glazing and louver shall be square edge and flush with face of veneer and s~all be of same specie as face veneer. e. Doors shall be supplied with kickplates as indicated on drawings. 2. MANUFACTURE Above listed products unless otherwise noted shall be as manufactured by the Weyerhaeuser Co. Equivalent products of Georgia Pacific or General Plywood Corp. will be accepted. 8-4 CQNTRACT NO.1 DOORS DIVISION 8 AND WINDOWS 8.3 WOOD DOORS (Continued) B. EXECUTION 1. INSTALLATION, a. Doors should not be cut to fit openings smaller than those for which they were manufactured- When planing to fit, trim equally.from both sides. If height is to be reduced more than 3/4", trim equally from the top and bottom, but never more than 3/4" from the bottom. Carefully seal all fouL' edges immediately after fitting, including areas routed for hardware. Bevel the lock edge approximately 1/8" in 2" so proper clearance can be maintained. Remove and replace all work showing any defects or blemishes without additional expense to the Owner., 8.4 HARDWARE A. PRODUCTS 1. MATERIALS & MANUFACTURER Finished hardware shall be of the best quality construction, design and finish, free from defects and shall include but not be limited to: latch sets, push plates, pulls, closers, and all other items necessary to make a complete Job. b. Finish US32D Satin Stainless or to match existing. Replacement of closers on all interior and exterior as shown on Plans Russwin 2810 Series, LCN 4041 Series or opproved equal as recommended by manufacturer. Handicap Latch Sets - "Rollatch" Rotating Push/Pull latch as by Schlage or approved equal.. e. Push/Pulls - 52HCXSF as by Brookline Industries or approved equal· f. Panic Hardware - "Exiter" 730 Series RIM w/out'side cylinder 1191. Outside trim 8425 Ronde as by Russwin or approved equal. g. Pivot Hinge - CB1968 as by Stanley Hardware or approved equal. h. Deadlock - 465/475 as by Sargent or approved equal, provide with keys, ~eyed to Master Key System. 8-5 CONTRACT NO.1 DIVLSION 8 DOORS AN~ ~NDOW-~ 8.4 HARDWARE (Continued) B. EXECUTION 1. INSTALLATION a. Refer to Division 6, Section 6.3 for installation of Finishing Hardware. 2. ADJUST AND CLEAN a. At time of completion of the work, the Contractor shall clean and adjust all hardware and replace any damaged parts. 8.5 SPECIALTIES PRODUCTS 1. MATERIALS AND MANUFACTURE a. Abrasive cast aluminum saddles; minimum 3/8" thickness, shall be formed to profiles and sizes indicated on drawings and shall be as by A. Nitt and Son, Wooster or American Abrasive Metals Co. b. Extruded aluminum saddles: shall be #655 as by Zero Weather Stripping Co. Inc., #1110 as by A. Nitt and Son or #171 by Pemko. c. All other materials as herein specified· B. EXECUTION 1. INSTALLATION ' ae Install door saddles full length of door opening, scribed to frames, set in bed of caulking compound and anchored with 3/8" white bronze flush head expansion bolts 12" o.c. Provide removable cover plates of matching design where floor hinges & 6 GLAZING A. PRODUCTS 1. MATERIALS AND MANUFACTURE Glass shall be as manufactured by Pittsburgh-Plate Glass Co., Libby-Owens Ford Glass Co. or ASG Industries Inc., unless otherwise noted. 8-6 DIVISION 8 CONTRACT NO.1 8.6 GLAZING (Continued) DOORS AND WINDOWS A. PRODUCTS 1. MATERIALS AND MANUFACTURE b. Safety glass: 1/4" thick tempered glass anc~ as shown on drowing (1) All doors, both exterior and interior. (2) Ail sidelights, both exterior and interior. (3) All vision panels, fixed or sliding. (4) All tempered safety glass shall have the MANUFACTURER'S SEAL INSCRIBED ON EACH LIGHT. Caulking for glazing shall be "Tremglaze" by the Manufacturing Co., "Plastic-glaze" by the Gibson or "Dap 1012" by the Dow Corning Corp. Tremco Homans Co. Joint cleaner, primer and sealer: Recommended by the manufacturer of the primary glazing material for each specific use. e. Other materials hereinafter specified. B. EXECUTION 1. INSTALLATION Ail work shall be performed by mechanics skilled in their trade and work shall be executed in a first class workmanlike Ail measurements and sizes for work shall be obtained and verified by Contractor, who shall be responsible for the correct and accurate fitting of all his work. Glass shall be well bedded and back puttied and all surplus compound and marking shall be carefully removed from doors, sash and adjoining work.while still fresh. Compound shall be finished in true, even lines, neatly and smooth faced. 2. ADJUST AND CLEAN a. Glass shall be cleaned and all broken glass shall be replaced and cleaned before the Contractor leaves the project. 8-7 CONTRACT NO.1 DIVISION 9 9.1 FINISHES A. GENERAL 1. DESCRIPTION FINISHES The work of this Division is subject to all applicable provisions of the "General Conditions", the "Supplementary and Special Conditions", and "Division 1 General Requirements", which form a part hereto whether attached hereto or not. The work under this hea'ding shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all finishing work including but not limited to the following: (1) Lath and plaster. (2) Ceramic tile work. (3) Terrazzo (patch existing). (4) Acoustic ceilings. (5) Resilient flooring. (6) Vitreous finish. (7) Painting and finishing. (8) Vinyl Wall Covering. 2. QUALITY ASSURANCE Ail materials shall be free from defects impairing strength, durability or appearance and shall be the standard best or top brand produced for each particular kind of material required. 3. SUBMITTALS Submit samples in accordance with the General Conditions for each.kind and type of material proposed for use under this heading. Complete and accurate shop drawings of acoustical ceiling work specified herein shall be submitted to the Engineer for approval. Shop drawings shall indicate layout and extent of acoustical tile ceilings, details of mechanical suspension system, method of attachment, layout and dimension location of all recessed lighting fixtures, relation of ceiling with adjacent work, and all other pertlenent information. 9-1 CONTRACT NO.1 DIVISION 9 FINISHES 9.1 FINISHES (Continued) A.4. DELIVERY~ STORAGE AND HANDLING a. Ail materials shall be delivered in packages or containers. their original unopened b. Store in an enclosed shelter providing protection from damage and exposure to the.elements. 5. JOB Damaged or deteriorated materials shall be removed from the premises. CONDITIONS Properly protect work included under this division and adjacent work of others from damage. Maintain protection until completion of the work of all trades, or as directed by the Engineer. 9.2 LATH AND PLASTER A. PRODUCTS 1. MATERIALS a. Sand: ASTM C-144. b. Portland Cement: ASTM C-150 Type 1. c. Hydrated Lime: ASTM C-207. d. Water: Drinkable, from public source. e. Exterior Finish Stucco: "Oriental" Exterior Finish Stuc6o as by U.S. Gypsum, or equivalent products by National Gypsum or Celotex. f. Ail other products as herein specified. 2. MANUFACTURE a. Unless otherwise noted above, listed materials shall be as manufactured by U.S. Gypsum, National Gypsum or Celotex. MIXING a. Mix materials dry to proportions listed above. Then add water with an approved bonding agent proportioned as recommended by the manufacturer. Only enough water should be used to provide a stucco of workable consistency. 9-2 CONTRACT NO.1 DIVISION 9 FINISHES 9.2 LATH AND PLASTER B. EXECUTION 1. APPLICATION (Continued) Finish Coat: Finish stucco with approved bonding agent shall be applied to masonry. Before applying the finish coat, the surface of the masonry shall be dampened evenly to obtain uniform suction. The thickness of the finish coat shall be sufficient to obtain a texture to match existing adjacent surfaces. Excessive troweling shall be avoided. Finish coat shall be moist cured for 48 hours after application. 2. CLEANING AND PROTECTION a. The Contractor shall protect the work of other trades against damage or undue soiling. b. Upon completion of this portion of the work, promptly inspect all adjacent surfaces and remove all traces of spilled and splashed plaster. 9.3 CERAMIC TILE A. PRODUCTS 1. MATERIALS Floor Tile: Unglazed porcelain ceramic mosaics, factory mounted in sheets, all purpose edge, colors, designs and sizes selected by Engineer. Wall Tile: Glazed ceramic tile 4-1/4" x 4-1/4" with integral cove base, bullnose and other necessary shapes: Colors as selected by Engineer. Cove Base: Matte glazed ceramic tile 4-1/4" x 4-1/4" round top, coved bottom complete with all necessary shapes· Colors as selected by Engineer. d. Water: Drinkable, from a public source. e. Portland Cement: ASTM C-150 Type 1. f. Sand: ASTM C-144 g. Portland Cement Mortar: Conforming with ANSI A-108.2 - Mortar 1 part Portland Cement, 6 parts damp sand by Volume. Bond coat Portland Cement paste. h. Dry-Set Mortar: Conforming with ANSI A-118.1. Provide TCA Formula 759 for ceramic mosaics and TCA Formula 763 for wall tile. CONTRACT NO.1 DIVISION 9 FINISHES 9.3 CERAMIC TILE (Continued) A.1. i. Dry Wall Grout: Same characteristics as Dry-Set Mortar. J. Other materials hereinafter specified. 2. MANUFACTURE a. Above listed materials shall be as manufactured by members of the Tile Council of America, Inc. B. EXECUTION 1. INSPECTION ae Prior to installing tile, inspect surfaces to receive tile a'nd notify the Eng|meer in writing of any serious defects or conditions that will interfere with or prevent a satisfactory tile installation. Do not proceed with installation until such defects or conditions have been corrected. The starting of installation work in a room shall imply acceptance of the surfaces to receive tile in that room. 2. INSTALLATION a. Provide all necessary shapes, with square internal corners and bullnosed external corners. b. Lay out work so that no tile less than half size occurs. Align Joints parallel and at right angles to each other. Install factory mounted tile with Joints between sheets the same width as Joints within the sheets so that the extent of each sheet is not apparent in the finished work. d. Where piping penetrates tile, drill the tile and fit over the pipe stub and sleeve. Do not cut and piece tile. ee Leave 1/8" wide x 1/4" deep open Joint at inside corners at door frames and caulk to match grout, only after installation is set and grout cured. and f. Floor tile for areas to be patched shall match existing size, pattern and color. Areas indicated on the drawings to be patched shall first be cut out to a minimum depth of 2". Set floor tile in Portland Cement mortar, setting bed shall comply with ANSI A-108.2. h. Set floor tile, wall tile and cove base in dry-set mortar, comply with ANSI A-118.1. 9-4 CONTRACT NO.1 DIVISION 9 FINISHES 9.3 CERAMIC TILE (Continued) B.3. ADJUST AND CLEAN a. Barricade rooms after tiling until floors have set and cured. be Tiles which become marred or broken prior to the Certificate of Final Acceptance shall be Contractor at no cost to the Owner. the issuance of replaced by the Upon completion, thoroughly clean all tile. Do not use acids or other agents liable to damage the tile. If surfaces show mars, scratches, cracks or other imperfections which cannot be removed by cleaning, remove the defective material and replace with new material. 1. MATERIALS 9.4 GYPSUM DRYWALL (Wherever PRODUCTS needed.) Type X Gypsum Wall Board: As required, otherwise noted, 48" wide in lengths as to minimize number of joints. 1/2" thick unless long as practical b. Fasteners: Type S Bugle head screws. Lengths as recommended by manufacturer for the various panel thicknesses. c. Metal Trim: USG No.200 ("J" Molding). d. Corner Bead: Dur-A-Bead No.103 e. Joint System: f. Control Joint: USG Perf-A-Tape joint reinforcement. USG No.093. g. Adhesive: USG Durabond No.500. h. Perf-A-Tape Joint compound and Perf-A-Tape topping compound. i. Other materials hereinafter specified. J. Above listed materials are manufactured by U.S. Gypsum. Equiva- lent products of National Gypsum or Celotex will be accepted. EXECUTION 1. INSTALLATION a. A~ply wallboard with long edges parallel to, and centered over studs. Headers or backing must be provided behind horizontal Joints. At no time should the corners of four boards meet at one single point. 9-5 CONTRACT NO.1 DIVISION 9 FINISHES 9.4 GYPSUM DRYWALL (Continued) B.1. b. For single layer, vertical application of gypsum panels, space screws 12" c.c. in field of panels and 8" c.c. staggered along vertical abutting edges. For horizontal panel application, space screws 12" c.c. in fiel'd and along abutting end Joints. For application of gypsum board over gypsum backing board, concrete block masonry or plaster, use adhesive attachment as recommended by manufacturer. d. Wallboard joints on single layer or the face layer on two layer applications, shall not occur within 12" of the corners of door frames. Provide metal trim at Junction of wallboard and adjacent materials. Metal corner bead shall be securely installed at all external corners. Finish with Joint compound, as required. f. Control joints shall be used to isolate wallboard surfaces where partition or furring runs exceed 30 feet. Fasteners shall be driven not less than 3/8" from edges and set to provide a 1/32" deep dimple. Screw lengths must be not less than 1/2" greater than the total thickness of material being fastened. h. Using a broadknife, butter joint compound into recess formed by tapered edges of adjoining wallboard panels; fill channel evenly. Apply tape to full length of each joint, centering it over joint. Use moderate pressure on broadknife to embed tape in compound. Remove excess compound. Treat all butt joints and interior angles in a similar manner. Fill depressions around screwheads with first coat of Joint compound. i. After first coat is dry, apply second coat of compound to Joints and screwheads. Feather out compound on each side of tape. When second coat is dry, sand lightly. Apply finish coat of regular compound or topping compound to Joints, ecrewheads and nicks. After 24 hours, sand smooth for paint finish. 9.5 ACOUSTIC CEILINGS A. PRODUCTS 1. MATERIALS AND MANUFACTURE a. The manufacturer's standard recommendation shall be the minimum acceptable method, material, accessory and/or procedure. However, where said manufacturer's standard recommendations are lesser in any way, shape or form than anything contained herein, the acoustical contractor shall proceed in accordance with the provisions of this specfication insofar as they may Le applicable. 9-6 COMTRACT NO.1 DIVISION 9 FINISHES 9.5 ACOUSTIC CEILINGS (continued) A.1. b. Sizes shall be as required by field conditions and/or as specified. Requirements as per the Engineer's directions shall govern. Flame Spread: Ail finished materials utilized herein shall have a flame spread of not more than 25, as tested and reported by Underwriter's Laboratories, Inc. d. Acoustical Material: To matc~ existing. e. Suspension System: To match existing. B. EXECUTION 1. INSPECTION Inspect the work on which this section is report any discrepancies to the Engineer, prior to proceeding with installation. dependent and in writing, 2. INSTALLATION a. No acoustical tile work shall be installed until all wet work is complete and dry. b. Respect and adhere to existing modules, design and surface· c. Acoustical contractor shall install acoustical material in type, size and surface design to match existing. d. S~spended grid shall be leveled to within 1/8" in 12 feet. 3. ADJUST AND CLEAN Following installation all dirty, abraded or discolored surfaces of acoustical work shall be cleaned and left free from blemishes or defects· Ail work which is improperly applied shall be removed and replaced at no cost to the Owner and the entire installation left in complete and satisfactory condition. Ail other trades including other prime contractors damaging or causing damage to the finish work under this section shall compensate the Owner, who in turn, shall compensate the acoustical contractor for repairs or replacements necessitated by said damage. CONTRACT NO.1 DIVISION 9 FINISHES 9.6 RESILIENT FLOORING A. PRODUCTS 1. MATERIALS a. Vinyl Asbestos Tile: 1/8" thick, 12" x 12" face size. Vinyl Dividing Strips: 1" wide x 1/8" thick. Colors to match existing. Install under doors between rooms which are to have vinyl asbestos flooring of different colors and at Junction of vinyl asbestos flooring and other material. Vinyl Base: Topset cove base 1/8" thick by 4" high ribbed back rounded top, as manufactured by Congoleum Indus'tries Inc., Kentile Incorporated or Armstrong Cork Company. Colors as selected by the Emgineer. Provide corners of 1/8" thick material at all internal and external corners. Reduce vertical joints to a minimum with straight base sections of maximum lengths. d. Resilient flooring for areas to be patched shall match existing size, pattern and color. e. Base for areas to be patched shall match existing size and color f. Adhesives: In general, cut back water-resistant cement as made by the manufacturer of the resilient flooring materials. g. Wax: Type and quality as recommended by the manufacturer whose material is used, and as approved by the En§imeer. h.' Other materials hereinafter specified. 2, MANUFACTURE a. Amtico, Azrock Floor Products, Kentile Inc. or Armstrong Cork Co. Colors and patterns as selected by the Emg]neer. B. EXECUTION 1. INSTALLATION Installation: In accordance with standard specifications and manufacturer's directions. Lay to insure close even Joints, good contact with finished surfaces and in true plane. Lay tiles square with room axis, starting at center line of space, with opposite border, tiles of equal width. Cut, fit and scribe border tiles to wall. Maintain full size tiles in field. Lay tiles to approved pattern. b. Base shall be installed straight and true, terminating against outer edge of door frame. 9-8 CONTRACT NO. 1 DIVISION 9 FINISHES 9.6 RESILIENT FLOORING (continued) B.2. ADJUST AND CLEAN a. After base and flooring have been set, they shall be cleaned with a neutral cleaner as recommended by tile manufacturer. After cleaning, inspect the work for necessary adjustments. Replace tiles and base that do not bond. Replace tiles that have impressions, chipped, broken or fractured. Apply two coats of water emulsion wax on all floors and base of type recommended by the manufacturer of the tile. Allow wax to dry thoroughly. Polish between coats, and after second coat, with a mechanical buffer. Obtain a clean, high lustrous sheen. Wait between setting of tile and waxing. 9.7 VITREOUS FINISH A. PRODUCTS 1. MATERIALS AND MANUFACTURE Spray on vitreous finish shall be "Ceramix" multi-stage coating as manufactured by Preco Corp., or equivalent product of Vitricon, Inc. 2. MIXING a. The materials shall be mixed at the factory and supplied in factory sealed, pre-measured kits which shall contain the complete quantity of special liquids and powders. The kits shall be mixed in accordance with the manufacturer's specifications and no sand, dust, cement or other fillers shall be added at the Job site. B. EXECUTION 1. PREPARATION Inspect existing vitreous finished wall surfaces and sand to roughen affected walls to create a surface to which new vitreous finish'will adhere. Holes or patches shall be filled flush and sanded smooth. Ail surfaces shall be clean and free of oil, dirt or grease. The installation of any part of the work shall be construed as an acceptance of the surface over which the spray on vitreous finish is applied. The Contractor shall give the Em~ineer a statement in writing of any condition that does not conform with the specifications or with best practice. 9-9 CONTRACT NO.1 DIVISION 9 FINISHES 9.7 VITREOUS FINISH (Continued) B.2. APPLICATION Apply new vitreous finish to existing vitreous finished interior wall surfaces which have been patched because of alteration work. Apply to entire affected wall using factory trained and licensed applicators. The following method of application shail be considered as standard procedure. However, the applicator may make such changes in procedure as shall be dictated by conditioms on the job. In no case shall the stated procedure relieve the applicator from the responsibility to provide a complete installation which shall be the equal in quality to approved samples. l) Glaze coat shall consist of a two-component epoxy system, supplied in the color as selected by Engineer. Vinyls, lacquers, polyesters, varnishes or acrylics will not be acceptable. The mixed glaze shall be applied in two coats. The first coat, the sealer, shall be allowed to cure overnight before application of the second, but in no case shall the first coat be allowed to cure for more than four days. 2) If spatters are selected, they shall be of same composition as glaze coats, supplied in the colors to match existing. Each color shall be applied as selected by spray means, while glaze coat is still tacky. Spatters must impregnate and become integral with glaze coats. Ce The completed finish shall be hard, durable, highly resistant to scratching, witL a high gloss, and unaffected by acids, alkalis or cleaning cempounds. The completed finish shall not take marks, nor shall it be susceptible to staining of lipstick, crayon, ink, grease or pencil, and marks made by those materials shall be readily removable by the use of ordinary cleaning detergent and water. Colors shall be clear, non-fading, and lim~proof in quality. The finish shall adhere so tenaciously to its base, that separation from the base will not be possible without destroying the finish or the base. Ail work shall be uniform in color, texture, character and sheen. Each wall shall be started and carried through to completion without interruption. e. Colors to match existing adjacent surfaces. 9-10 CONTRACT NO.1 _ DIVISION 9 FINISHES 9.7 VITREOUS FINISH (Continued) B.3. ADJUST AND CLEAN The Contractor shall protect his work at all times, as well as all adjacent work and materials, during the progress of his work. Protection shall be accomplished by masking, coverings, or other approved positive and effective means. Upon completion of the work, remove all defacing spots or marks from floors, walls, fixtures and other surfaces. Remove from the premises all rubbish and accumulated material caused by this work,' and leave the work clean, orderly and in acceptable condition. 9.8 PAINTING A. PRODUCTS 1. MATERIALS a. Raw linseed oil: ASTM D-234. b. Boiled linseed oil: ASTM D-260. c. Turpentine: ASTM D-13. Shellac: Pure, white or orange gum, cut in pure denatured alcohol, using 5 pounds of gum to a gallon. Orange shellac shall be used for painting over knots, sap and resiuous woods. f. All other materials as herein Putty: ASTM D-219, Class "B" white lead whiting putty. specified. 2. COLORS a. Colors shall match exact color or as selected by the Engineer. Obtain approval before starting.work. 3. MANUFACTURE a. Except as otherwise specified, materials ~hall be painting and finishing products of the following manufacturers: Pratt and Lambert Pittsburgh Plate Glass Co. Benjamin Moore and Company b. Anti Slip Paint Strips: Epoxy ester alkyd base paint as by Wooster Products, Inc. or approved equal. 9-11 CONTRACT NO.1 DIVISION 9 FINISHES 9.8 PAINTING (Continued) B. EXECUTION 1. PREPARATION Ail woodwork to be finished shall be sanded smooth and the surface cleaned before proceeding with the application of the first coat. Varnish finish applied to wood shall be sanded between coats with fine sandpaper to produce an even smooth finish. Hardware, switch and receptacle plates, etc., shall be removed wherever practicable before painting and replaced after, or thcs items which are in place shall be adequately protected during th painting operation. c. Use tarpaulins, drop cloths, masking tape, and other suitable covers to protect all surfaces from being spotted or marred. Remove rust from existing structural steel surfaces to receive paint. Surfaces shall be wire brushed, scraped and/or sanded to produce a smooth, clean surface to which new paint will adher 2. APPLICATION Ail work shall be executed by skilled mechanics in conformance with the requirements of the specifications. Do not apply in temperatures below 50° F. or above 90° F. Putty-stop, nail holes, imperfections and defacements after priming coat of paint, filler, shellac, or other sealer has been applied. c. All interior trim shall be back primed before installation with suitable primer. (1) Paint finish - Interior trim primer. (2) Natural or stain finish - ~lear wood preservative, Woodlife or equal. d. Tpps and edges of doors shall be finished same as balance of doors after they are fitted. e. Ail coats shall be thoroughly dry and hard before the succeeding coat is applied. 9 -12 CONTRACT NO.1 DIVISION 9 FINISHES 9.8 PAINTIDIG (Continued) B.3. 'SCHEDULE a. Unless otherwise specified, paint designation refers to the Pratt and Lambert Catalogue. Products of equal quality ae manufactured by other manufacturers may be used, as approved by the Engineer. b. Ail work shall be painted and/or finished in accordance with the following Schedule, unless otherwise noted. c. Interior Painting and Finishing (1). Ail hollow metal work and other metal work and equipment shall be painted as follows: 1st Coat - P & L Interior Trim Primer (may be omitted if material is primed by others when delivered to job) 2nd Coat - P & L Vitralite Enamel Undercoat 3rd Coat - P & L Vitralite Enamel Eggshell (2) Woodwork (stain and varnish finish) including solid stock, plywood, doors, trim and other running members shall be finished as follows (Typical unless otherwise indicated): 1st Coat - P & L Tonetic Wood Stain 2nd Coat - P & L "38" Pale Trim Gloss 3rd Coat - P & L "38" Pale Trim Satin (3) Woodwork (painted), where indicated, shall be finished as follows: 1st Coat P & L Interior'Trim Primer 2nd Coat P & L Vitralite Enamel Undercoar 3rd Coat P & L Vitralite Enamel Eggshell (4) Exposed registers, grilles, piping, ducts, anemostats, convectors, induction units, conduit, access door, panel boxes, corridor ceiling grid, etc., shall be painted as specified in (1) above to match adjacent surfaces. 9-13 CONTRACT NO.1 DIVISION 9 FINISHES 9.8 PAINTING B.3. c. (5) (Continued) Concrete block as 1st 2nd (6) All 1st 2nd 3rd (7) Gypsum Drywall follows: Coat - P & L Primafil Coat - P & L Vapex Flat Wall Finish new structural steel shall be painted as Coat - P & L Noxide Protective Coating Coat - P & L Vitalite Enamel Undercoat Coat - P & L Enamel Eggshell and Plaster as follows: 1 Coat P & 1 Coat P & 1 Coat P & L Vapex Wall Primer~ L Lyt-All Double Duty Primer L Lyt-All Stippling Flat-stippled (8) Steel pipe rails as follows: 1st & 2nd Coat - Rust Oleum Corp. new color horizons. d. Tactile strip for handicap where indicated on drawing: (1) Anti-slip paint strips 1 Coat Wooster Product, Inc. "Safe Stride" 9.9 VINYL WALL COVERING (Wherever needed) A. PRODUCTS 1. MATERIALS a. Vinyl Wall Covering: Complying with Federal Specification CCC-W-408. Weight, texture, color and pattern to match existing adjacent surfaces. b. Adhesive: Polyvinyl acetate base aqueous and supplied by fabric manufacturer. 2. MANUFACTURE a. Products of the following be accepted: follows: Red lead primer solution recommended vinyl wall covering manufacturers will J. M. Lynne Co. General Tire and Rubber Co. Columbus Coated Fabrics, a Division of Borden Co. 9-14 CONTRACT NO.1 DIVISION 9 FINISHES 9.9 VINYL WALL COVERING (Continued) B. EXECUTION 1. PREPARATION Surfaces to receive vinyl wall covering shall be free from grit, loose particles and surface irregularities. Surfaces shall be smooth and even, free of defects. Remove escutcheons, cover plates, and similar items prior · start of wallpaper operations, and store in a protected area until ready to be replaced. to 2. APPLICATION Apply one coat of size or other surface sealer recommended by the fabric manufacturer. Wall covering shall he applied in strict accordance with the approved manufacturer's printed instructions, and as specified herein· Materials shall be hung with butt-Joints. Seams shall not overlap in corners or elsewhere, and shall be kept to a minimum. Horizontal joints shall not be permitted. c. The completed installation shall be smooth, clean and free of wrinkles, air bubbles or loose corners. ADJUST AND CLEAN Fixtures, frames, escutcheons, cover plates and other similar items which were removed during wall covering shall be replaced in their original place and condition. Misplaced spots and stains shall be completely removed without damage to the surface. 9-15 CONTRACT NO.1 DIVISION 10 SPECIALTIES 10.1 SPECIALTIES A. GENERAL 1. DESCRIPTION The work under this heading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all specialties, including but not limited to the following: a. Metal toilet partitions. b. Metal urinal screens. c. Toilet room accessories. d. Room number and designation signs." 2. QUALITY ASSURANCE a. Products shall be standard best quality for the particular kind of material required. 3. SUBMITTAL Submit shop drawings and/or catalogue cuts for approval of all items herein specified in accordance with the requirements of the General Conditions or the Supplementary & Special Conditions. The shop drawings shall show all dimensions, details of construction, installation and relationship to adjoining work, where same requires cutting and fitting, and other. work required for a complete installation. 4. DELIVERY~ STORAGE AND HANDLING a. Delivery shall be in ample time to facilitate the work of this Division. 10-i CONTRACT NO.1 DIVISION 10 SPECIALTIES 10.1 SPECIALTIES A. GENERAL 1. DESCRIPTION The work under this heading shall consist of furnishing all labor, materials, equipment aud appliances necessary or required to perform and limited to the a. Metal toilet b. Metal urinal d. complete all specialties, including but not following: partitions· screens. Toilet room accessories· Room number and designation signs· 2. QUALITY ASSURANCE a. Products shall be standard best quality for the particular kind of material required. 3. SUBMITTAL Submit shop drawings and/or catalogue cuts for approval of all items herein specified in accordance with the requiremente of the General Conditions or the Supplementary & Special Conditions, The shop drawings shall show all dimensions, details of construction, installation and relationship to adjoining work, where same requires cutting and fitting, and other. work required for a complete installation· 4. DELIVERY~ STORAGE AND HANDLING a. Delivery shall be in ample time to facilitate the work of this Division. 10-1 CONTRACT NO,1 DIVISION 10 , , SPECIALTIES 10.2 METAL TOILET PARTITIONS A. PRODUCTS 1. MATERIALS Panels shall be 1" thick using two (2) sheets of #20 gauge minimum galvanized, bonderized, stretch-leveled steel assembled over and cemented under pressure to a double faced honeycomb filler. Sheets to be formed and locked on all edges with a Flushseal internal edge-reinforcing channel of #18 gauge galvanized, bonderized, steel extending a depth of 3/4" into the door. The sheets shall be welded to this internal edge-reinforcing channel every 8". Pilasters.shall be the same as "Panels" above, except that 'the pilaster's thickness will be 1-1/4" and the metal will be #18 gauge and the internal edge-reinforcing channel will be #16 gauge extending a depth of 1-3/8" into the~pilaster. Hardware - Ail hardware except where stainless steel is mentioned, shall be forged brass, chromium over nickel plating, satin finish. Stainless steel where called for, shall be 302 stainless steel, #4 satin finish. Shoe shall be 3" high, #14 gauge stainless steel. d. Fastenings for hardware shall be made through and reinforced by the Flushseal internal edge-reinforcing channel. Panels shall be fastened to the walls with not less than three (3) ~ #14 gauge 302 stainless steel stirrup brackets. Ail other fastenings shall be in accordance with manufacturer's specifications. e. Headrails - 1-1/2" square stainless steel tubing, where indicated an drawings. Curtains 8 oz. white duck, extending to within 14" of finish floor, hung from headrail and attached with stainless steel hooks. Finish - All corners shall be mitered, welded and ground smooth. Ail surfaces to be painted shall be thoroughly cleaned and receive two (2) coats of premium quality synthetic baked enamel baked on over a rust and chemical resistant primer. Total thickness to be nominal 1-1/2 mils. [.,~imeer shall select colors from manufacturer's standard range of colors. 2. MANUFACTURE Toilet compartments and screens shall be "Flushart" as manufactured by Flush Metal Partition Corp., or an approved equivalent product as manpfactured by Metpar Steel Products Corp. or Global Steel Products. 10-2 CONTRACT NO.1 DIVISION 10 SPECIALTIES 10.2 METAL TOILET PARTITIONS (Continued) B. EXECUTION 1. INSPECTION Toilet compartment dimensions and the the Job site, not manufacturer shall be responsible for Job toilet compartments shall be measured at taken from the ;m§imeer's drawings. 2. INSTALLATION Partitions shall be rigidly assembled, free from dents, tool marks, warpage, buckles, and open Joints. Secure pilasters to floor with expansion devices (3 per pilaster). Make hardware fastening thru edge-reinforcing channel. Conceal evidence of drilling and cutting by the finish work. Adjust hardware and leave in perfect working order. Unless otherwise shown, mount latches 3'-5" above finished floor level, coat hooks and bumpers in center of door and 3" below top edge. 3. ADJUST AND CLEAN Protect work against damage during erection and until completio~ of adjacent construction. The finished installation shall be free of smears, scratches, abrasions or any other imperfections: b. Thoroughly clean and polish metal toilet partition work prior to final acceptance. 10.3 TOILET ROOM ACCESSORIES A. MANUFACTURERS Toilet room accessories shall be as manufactured by Architectural Metalcraft Industries Inc., except where specified otherwise. Ident~fying number of the manufacturer, where listed herein, are given fo'r purposes of establishing a quality and design standard acceptable to the ~q.qineer. Toilet room accessories may be manufactured by the following companies: a. American Dispenser Co., Inc. b. Accessory Specialties, Inc. c. The Bobrick Corporation d. Miami-Carey Co./Panacon Corp. e. G.M. Ketcham Manufacturing Corp. f. Charles Parker Co. CONTRACT NO.1 DIVISION 10 SPECIALTIE~ 10.3 TOILET ROOM ACCESSORIES (Continued) Identifying Markings: N__9_o stamped on, printed on, or other identifying markings of the approved manufacturer shall appear on the exposed surfaces of any of the accessories furnished under this Section. B. MATERIALS G~eneral: Accessories, except as otherwise specified, shall be of forged brass with brushed chromium plate finish and concealed fastenings. C. ACCESSORY SCHEDULE 1. Unless otherwise specified, accessory designations refer to the Architectural Metal Industries Catalogue. Products of equal quality as manufactured by other manufacturers may be used, as approved by the Engineer. 2. Ail work shall be furnished and installed in accordance with the following Schedule, unless otherwise noted. Mirrors: Ketchum Manufacturing Company's "Hoegger Line C-939-S". Frame shall be 5/8" x 5/8" #18 gauge stainless steel angle, satin finished with mitered and welded corners. Mirrors shall be made from selected polished plate glass, with two coats of silver and then electrolytically copper clad with backing of #22 gauge galvanized steel. Size of mirrors shall be as indicated on drawings. Install with concealed fasteners. Tilt Mirrors: American Dispenser Co. "#573 fixed frame tilt mirror." Frame fabricated of 18 gauge, Type 18-8 stainless steel. One piece construction with 22 gauge galvanized metal back, and theft-proof mounting. Mirror 1/4" polished plate glass 16" wide x 30" high. c. Paper Towel Dis.penser/Disposal': American Dispenser Co. #161 where indicated on drawings. d. Toilet Paper Holders: AMI - No. 1031D double restricted roll paper holder; AMI - No. 1032 single roll paper holder. Grab Ears: AMI Series #964 Water Closet Bar, shall be 1-1/2" O.D. satinfinish stainless steel grab bar and concealed mounted flanges of lengths and locations indicated on drawings. f. Robe Hooks: AMI - No. 1027 concealed fastening. 10-4 ¢0NTR~CT NO.1 10.3 TOILET KOC~ ACCESSORIES (Continued) C. 2. g. DIVISION 10 SPECIALTIEa Sanitary Napkin Disposal: AMI No.825 partition mounted dual napkin disposal fastened with tamper proof screws. AMI - No. 626 surface mounted at odd partition. h. Sanitary Napkin/Tampon Dispenser: AMI No.873 surface mount where ~ndicated on drawings - W'~men'~ Toilets. 10.4 IDENTIFYING DEVICES A. PRODUCTS 1. MATERIALS a. Signs indicated on sign schedule: Die-raised aluminum signs as by Supersine Co. or approved equal, fabricated from .102 H-14 aluminum sheet or anodized aluminum sheet. Letter style Helvetica medium· Color as selected by Emgimeer from standard colors. b. Handicap Access Symbol: Vinyl decal Style No.SA35 Blue 3" x 3" as by Seton Name Plate Corp. or approved equal. B. EXECUTION ~NSPECTION a. Inspect the work on which this section i~ dependent and report any discrepancies to the Engineer prior to proceeding with installation. 2. INSTALLATION InstaI1 die raised aluminum signs plumb and level at locations indicated on the drawings. Use approved fasteners to secure signs in place. Install handicap indicated on the 3. ADJUST AND CLEAN access symbols drawings. plumb and level at a. Clean all signs after installation to the satisfaction of the Emgimee~. 10-5 , CONTRACT NO. ] DIVISION ]1 ELECTRICAL ] ].1 GENERAL PROVISIONS A. GENERAL 1. The work of this Division is subject to all applicable provisions of the "Contract Agreement", "General Conditions" and "Division 1 General Requirements", which form a part hereto whether attached hereto or not. B. CONTRACT DRAWINGS The accompanying drawings are intended to show the genesal arrangement and extent of work to be performed. The locations for equipment and material as shown on the Drawings are approximate. It shall be understood that they are subject to such modifications as may be found necessary to meet Job conditions. Such changes shall be made by this Contractor at no additional charge. C. WORK INCLUDED This Contractor shall provide all labor, materials~ equipment and appliances, and perform all operations for the work as outlined herein and as shown on the Drawings. All work shall be performed in strict accordance with these specifications and applicable d'rawings and are subject to the terms, general and special conditions of tbs Contract. The installation shall be in accordance with the National Electrical Code and all applicable municipal ordinances. This Contractor shall obtain and pay for any permits required for the installation of the specified work. Without restricting the generality of the foregoing, the work to be furnished and installed under the Contract shall include but not be limited to the following: ae Electrical conduit (or armored cable) and wiring that is concealed in walls, slabs, ceilings, etc. and becomes exposed through any demolition shall be rerouted so that circuit integrity is maintained, and that system 8roundin8 integrity is maintained· Electrical conduit that is exposed and must be moved due to demolition or othe~ reasons shall be rerouted as above. All reroutin$ must meet with advance approval of the Engineer.- In addition to the work shown on the drawings and indicated in the specifications, this Contractor shall allow in his base bid all labor and materials required for the relocation and rewiring of a minimum of 5 devices per building. c. Any equipment that is removed and not relocated shall be turned over to the Owner, Resident Engineer or Clerk o£ the Works. All other debris and/or unwanted equipment shall become the properfy of' the Contractor and shall be legally disposed of' at bls .expense. ' 11-1 .CONTRACT NO. 1 DIVISION ELECTRICAL ] ] .] GENERAL PROVISIONS (Continued) C. 1. d. Remove, relocate or blank off light switches, receptaclee, lighting fixture outlets or other electrical devices. e. Install new light switches, receptacles, lighting fixture outlets, lighting fixtures or other electrical devices. Cut through existing walls, ceilings and floor es required; patch to match existing. 9- Removal and reinstallation of ceiling tiles as required. Certificate from the N.F.P.A. Bureau of Electricity. Ail wiring to be in conformity with the National Electric Code 1978 Edition. |. Testing of all circuitry and equipment. D. TESTS~ PERMITS~ INSPECTION CERTIFICATE 1. TESTS All teats specified herein shall be performed to the satisfaction of the Engineer before final acceptance· No test shall be performed without the presence of the Engineer. The Electrical Contractor shall notify the Engineer 48 hours in advance of starting any test. No allowance shall be made for any test required by the Engineer, including such additional tests.as may be deemed necessary to assure reliability and safety of the system, equipment, material and workmanship. c. Tests shall include the following: 1) Insulation and grounding. 2) Lighting installation and switching. 3) Convenience Receptacles: a) All receptacles shall be tested for grounding continuity using a voltmeter set at line voltage between hot leg and neutral, hot leg and grounding slot and hot leg and metal box. No difference in the voltage readings will be ac- cepted. b) Receptacle circuits, chosen at random by the Engineer, shall be shown to be free of leakage currents, using a ground fault detector/indicator/sensor. Circuits showing leakag~ currents over .005 AMPS (5 ma) will not be ac- ceptable. 11-2 CONTRACT NO.] DIVISION l] ELECTRICAL ]1.] GENERAL PROVISIONS (Continued) 4) Lighting Switches: a) Switches shall be tested for quiet operation. 2. PERMITS a. This Contractor shall secure all necessary town and other municipal permits and pay for same. 3. INSPECTION CERTIFICATE a. This Contractor shall, at his own expense, furnish the County with a Certificate of Inspection from the New York Board of Fire Underwriters (Bureau of Electricity) attesting that all electrical work in this contrast has been inspected and is in compliance with the National Electrical Code (latest edition). GUARANTEE a. All work shall be guaranteed by the Contractor against defects or malfunction of equipment resulting from the use of inferior materials, equipment or incompetent workmanship for a period of one year from the final acceptance of the Contract, this date as determined by the Commissioner in writing, and all guaranty/ warranty, unless specifically noted otherwise, shall commence from that date. E. QUALITY ASSURANCE All electrical work shall be designed and installed to meet the requirements of the National Electric Code (N.E.C.) latest edition as prepared by the National Fire Protective Association (NPPA); the rules and regulations, where applicable, of the Long Island Lighting Company (LILC0); the standards of the National Board of Fire Underwriters (NBFU), National Electrical Manu- facturers Association (NEMA); and the New York State Building Code, local codes and ordinances· All electrical equipment shall bear the seal'of approval of Underwriters Laboratories, Inc., (U.L.) and comply with the Occupational Safety and Health Act (OSHA). the All current carrying components shall be copper. All cables and wire shall be of approved manufacture and shall meet with the requirements of the National Board of Fire Under- writers. Each reel of cable and wire shall bear the tag con- taining the Underwrtter's approval stamp, n~me of manufacturer, trade name of the wire and the date of manufacture. Wire con- nectors shall have Underwriters Laboratories, Inc. approval. 11-3 C~QNTRACT NO,1 DIVISION ]] ELECTRICAL ~1.1 GENERAL PROVISIONS (Continued) All equipment described herein shall be of superior quality and reliability and shall be a product of a single manufacturer of established reputation and experience, who shall have produced similar apparatus for a period of at least three years and who shall be able to refer to similar installations now rendering satisfactory service. F. TEMPORARY LIGHT & POWER During the course of this Contractor's work it may become necessary to shut down circuits and equipment· All planned outages shall be approved in advance by the Resident Engineer or Clerk of the Works. Where lighting.and/or power is turned off, either planned or inadvertently, this Contractor shall provide temporary lighting and power for other trades' use until such time as normal lighting or power has been restored. BASIC MATERIALS AND METHODS A. CONDUIT AND FITTINGS All conduits required for the work shall be standard galvanized rigid steel pipe, electric metallic tubing, flexible conduit or surface metal raceway, as herein specified. Ail conduits shall be furnished and installed with the require- ments herein specified, conforming with the sizes indicated on plans and with the requirements of.the N.E.C. Minimum size of conduits shall not be less than 3/4". All rigid electrical steel conduits shall be best grade, standard weight, steel piping, hot-dipped galvanized. The pipe shall bend cold 90° about a radius equal to 10 diameters without a sign of flaw or fracture in either pipe or protective coat. They shall be delivered to the work in bundles of full length pipes, each length marked with the trademark of the manufacturer. All electrical metallic tubing (EMT) shall be conform in general to rigid steel conduit. best grade and 11-4 CONTRACT NO.] DIVISION ]1 ELECTRIC ]].2 BASIC MATERIALS AND METHODS (Continued) Ail flexible con'duits (FLEX) shall be best grade interlocking spiral strip steel, 'thoroughly annealed and fully coated with metallic zinc. The interlocking spiral strip construction shall be such as to permit bending of the conduit to a radius of six times the internal diameter without spreading or deforming the strips. The' interior and exterior of the flexible conduit shall he smooth and free from burrs or sharp edges. 6. Surface metal raceway shall conform to NEC 1978 Article'352, . and be compatible with existing metallic raceways. 7. All fittings (hangers, clamps, brackets, couplings, connectors, locknuts, bushings, etc.) shall be hot-dipped galvanized. 8. EMT fittings shall be of the "compression" type. No set screw fittings will be approved. 9. Rigid steel pipe fittings shall be threaded. No "threadless" fittings for rigid steel pipe will be approved. B. OUTLET BOXES Outlet boxes shall be supplied for all switches, receptacles, lighting fixtures, etc. All exterior boxes shall be cast weatherproof. J~.3 APPROVED MANUFACTURERS A. GENERAL 1. Provide equipment and material of manufacturers listed in this 8ectiom. 2. Equipment or materials of manufacturer other than those indicated in this section will not be considered except as provided for under the "General Conditions." . B. CONDUIT AND FITTINGS 1~ Adalet 2. Anaconda 3. Appleton 4. Gedney 5. General Electric 6. Republic Steel 7. Thomas & Betts 8. Walker/Parkersburg 9. Wiremold 10. Youngstown Sheet & Tube 11-5 CONTRACT NO. DIVISION 1] APPROVED MANUFACTURERS (Continued) C. BOXES 1. Appleton 2. Crouse Hinds 3.'Efcor 4. Gedney 5. Steel City 6. Walker/Parkersburg 7. Wiremold 'D, WIRE 1. Anaconda 2. General Electric 3. Phelps Dodge 4. Triangle 5. Westinghouse WIRE CONNECTORS AND SPLICING MATERIALS 1. Buchanan 2. Burndy 3. Efcor 4. Holub 5. Ideal 6. Plymouth 7. 3M F. RECEPTACLES~ SWITCHES AND COVERS 1. Bryant 2. Circle F 3. Eagle 4. General Electric 5. Hubbell ELECTRICAL 11-6 CONTRACT NO. ] ,, pIvISION 12 pL~HBIN~ ]2.1 GENERAL PROVISIONS A. GENERAL 1. The work of this Division is subject to all applicable provisions at~ the "Contract Agreement, "General Conditions" and "Division 1 General Requirements", which form a part hereto whether attached. hereto or not. E. CONTRACT DRAWINGS 1. The accompanying drawings are intended to show the general arrangement and extent bf work to be performed. The locations- for equipment and material as shown on the Drawings are approximate. It shall be understood that they are subject to such modification as may be found necessary to meet Job condi- tions. Such changes shall be made by this Contractor at no ad- ditional charge. 2. The following is the list of drawings for each library upon which the Contractor shall base his bid and execute the work: Mattituck Free Library 1, 2; Southold Library 3, 4, 5 C. DESCRIPTION OF SYSTEM TO BE INSTALLED This Contractor shall provide all labor, materials, equipment and appliances, and perform all operations for the work as outlined herein and as shown on the Drawings. All work shall be performed in strict accordance with these speulfications and applicable drawings and are subject to the terms, general and special conditions of the Contract. This Contractor shall obtain and pay for any permits required for the installation of the specified work. Without restricting the generality of the foregoings the following is a general listing, not necessarily complete of the work to be furnished and installed under this Contract, a. Provide and install: 1) New lavatories, carriers and fittings. 2) New urinal, carriers and fittings. 3) New floor mounted wheelchair water closets and fittings. 4) Remove and relocate water closets and fittings as indicated in drawings. 5) Remove and raise existing lavatories and fittings (provide and install new lavatories and carriers if required). 6) New wheelchair water coolers and fountains and stainless steel cover plates as required. 12-1 CONTRACT NO. ~ ! DIVISION 'PLUMBING ~2. 1 GENERAL PROVISIONS (Continued) C. 1. b. Provide all necessary soil piping, vent piping, water piping,, insulation and all miscellaneous accessories as shown on the drawings and specified herein. c. 'Do all cutting, patching, repairing, finishing, ceiling removal, new ceilings as. required· d. Testing of all new and altered systems. e. Guarantees and servicing. D. WORK NOT INCLUDED 1. The following items of work are included under Division ] [. a. All Power Wiring E. SHOP DRAWING 1. The Contractor shall submit for approval, shop drawings on all equipment and materials furnished and installed under this contract and shall include but not be limited to the following: a. All fixtures, carriers and fittings b. All flush valves. c. Electric water coolers and water Fountains. F. DISPOSAL OF REMOVED EQUIPMENT The Contractor shall remove all equipment from the buildings as required. The Eng;neer shall inspect the equipment to determine the disposal therof. Ail removed equipment not wanted by the Ow~er shall be disposed of by this Contractor. 15A.2 BASIC MATERIALS AND METHODS A. GENERAL Piping shall be concealed in chases, shafts, ceilings and walls whe.rever possible. Piping shall be run as straight and direct as possible, either at right angles to or parallel with walls, floors, and ceilings. Piping in or at ceiling shall be hung as close as possible to construction above. Reducing fittings shall be used wherever a chsnge in size occurs. No bushings shall be allowed. Unions must be installed, whether shown on the Drawings or not, to permit the disconnecting of all valves and all pieces of equipment. Allowance shall be made for expan- sion and contraction of piping. "Swing Joints" shall be used at all connections to equipment, mains, risers, and branches. 12-2 CONTRACT NO. 1 ~' DIVISION';']2 12.2 Aa PLUMBING BASIC MATERIALS AND METHODS (Continued) Piping systems shall include all piping, fittings, and ac- cessories necessary to make each system complete. Pipe shall have burrs removed by reaming. Open ends of pipe lines or equipment shall be capped to keep dirt out of the system. All piping shall be arranged so as not to interfere with removal of other equipment or devices, and so as not to block access to manholes, access openings, windows, doors and passageways. All trim, fittings, traps, etc. specified herein shall be chromium plated unless specifically noted otherwise. All fixtures shall be supplied in white. 5. All fixtures shall have individual stops· 6. Ail flush valves shall be installed in accordance with good practice and as recommended by the manufacturer. Contractor shall submit to the Ensineer for approval prior to purchase of any plumbing fixtures, detail drawings showing method of supports for all lavatories, urinals ond w oter closets. PLUMBING FIXTURES 1. Standard Lavatory Lavatory shall be American Standard lavatory 20" x 18" vitreous china, front overflow, securely mounted to wall. Faucet shall be Heritage gooseneck with aerator and 4" wrist handles. 2. Standard Urinal Urinal shall be American Standard washbrook model number 6230 vitreous china, wall hung, blowout, with 1-1/4" top spud. Wall hangers-outlet connections threaded 2" inside, 2 lag screws. 3. Handicapped Water Closet (floor mounted) Water closet shall be American Standard Elongated Cadet model number 9468.018, 18" high, siphon let elongated bowl, 1-1/2" top spud, vitreous china. Provide new SIoan Royal Flush Valve model No. 115. Seat shall be solid plastic with 1" spacer to raise seat to 2" overall dimension and shall be Olsonite Corporation model No. L210-N-SS-CC. 12-3 CONTRACT NO. 12.2 BASIC NATERIAL$ & HETHODS (Continued) DIVISION 12 4. Faucets for Existin~ Lavs a. Faucet shall be American Standard Heritage centerset' lavatory faucet, aquaeeel valves, renewable seats, 4" wrist blades, gooseneck spout with aerator, all chrome finish. 5. Approved Manufacturers a. Fixture appreved manufac, turers shall be American Standard, Crane and Kohler. b. Drinking fountains and electric water cooler shall be Halsey Taylor, Oasis, Sunroc and Elkay. PIPE AND PIPE FITTINGS 1. Water piping: Type L hard drawn copper tubing as per ASTM-B-gg. 2. Water pipe fittings: Wrought copper solder ty~e as per ASA B-16.22 3. Solder: 50-50 Lead-tin, 4. Drainage, vent piping and fittings 3" and larger: Extra heavy, cast iron and spigot conforming to ASTM A-74 and ASA A-&0.1. 5. Drainage, vent piping and fittings 2-1/2" and smaller shall be Schedule &0 galvanized steel screwed. D. PIPE HANGERS AND SUPPORTS Piping shall be supported or hung in such a manner as to adequately secure pipe in position and maintain proper pitch, prevent vibration, and permit expansion and contraction. Piping shall not be supported from work of other trades or other piping. Hangers and supports shall bear directly on pipe surface for all piping excepting those pipes conveying liquids below the surrounding temperature· For these pipes only, the hangers and supports shall bear on 18 gauge, galvanized steel saddles, placed between the hanger and the insulation. Saddles shall be of sufficient length to distribute the loading and have rolled or lapped edges to protect the insulation. 3. Hangers and supports shall be provided at lc'asr at horizontal intervals of 8 feet for copper tubing. 4. Supports and hangers shall be of material similar to that of the work they support. 12.3 INSULATION A. GENERAL This Contractor shall furnish'all'pipe insulation required to minimize heat loss, heat gain, to prevent condensation, and to protect the handicapped-from the drain piping and hot water at each lavatory. The insulation shall be applied only by qualified insulating mechanics. CONTRACT NO.1 ~ ~I¥I$IOX~12 PLUHBING 12.3 INSULATION (Continued) B. CONCEALED COLD WATER~ HOT WATEP ~ CIRCULATING HOT WATER RETURN PIPING Concealed piping shall be insulated with 1" thick premolded split type fiberglass pipe inculation with a factory applied all service Jacket which is white, flame retardant, an aluminum foil - Kraft paper vapor barrier Jacket and with 2" longitudinal and 4" circumferential sealing laps. Seal laps shall have a fire resistant adhesive. Fitting and valves are to be insulated with 1/2" foil faced fiberglass blanket tied in place with Jute twine and finished with insulating cement, 8 oz. canvas Jacket and vapor sealed. C. EXPOSED HANDICAPPED LAVATORY DRt!N PIPING & HOT WATER PIPING 1. Drain piping and hot water piping shall be insulated with a foamed plastic pipe insulation (J. M. Acrotube) 1/2" thick. Joints shall be glued together with J-M57~adhesive according to the manufacturer directors. D. APPROVED MANUFACTURERS 1. Approved manufacturers are Johns-Manville, Owens-Corning, Armstrong and Gustin Bacon. 12.4 PLUMBING A. GENERAL 1. Water Piping All solder Joints shall be fluxed and soldered using a solder composed of 50-50 lead-tin. Care shall be exercised to assume a uniform flow of solder down to the shoulder of the fitting and completely around the Joint. Finish of Joint shall be neat and show a uniform fillet of solder completely around the Joint. Excess solder must be removed. All piping shall be free of traps'and graded to permit complete drainage. Adequate drain valves shall be installed to permit complete drainage of systems. 2. Drainage Piping' a. All soil piping shall have a positive pitch. All soil and vent piping and fittings smaller than 3" shall be Schedule 40 galvanized steel screwed. Ail soil and vent piping 3" and larger shall be extra heavy cast iron with heavy hub and spigot fittings with double seal neoprene synthetic rubber seal. 12-5 .CONTRACT NO. I I DIVISION PLUMBING 12.5 TESTING A. GENERAL 1. All tests specified herein shall be completed to the satisfaction of the Engineer before final acceptance. The Engineer or his representative, shall be the sole Judge(a) of the acceptability of the tests. The Engineer may direct the performance of any such additional tests as he deems necessary in order to determine the acceptability of the systems, equip- ment, material and workmanship. No allowance will be made for any test required by the Engineer. Contractor shall perform any and all other tests that may be required by local municipality utility or other governing body, board or agency having Jurisdiction. Contractor shall notify Eagineer 48 hours in advance ~of starting any tests and shall not undertake any such tests until acknowledgment of notification and approval has been received from the Engineer. ' B. DOMESTIC WATER PIPING 1. All water pipe installed shall be tested hydrostatically to 150 psi for a period of two hours in the presence of the Engineer or his representative. 2. No leaks will be repaired during the period of test, but will be immediately repaired thereafter and the test repeated until no leaks appear within the test period. C. DRAINAGE PIPING 1. After all fixtures have been permanently connected to the sanitary system, a smoke test shall be applied to the sanitary system, and the entire system proved tight to the satisfaction of th~ [ngineer when filled with smoke under pressure equal to a 1 inch column of water. The smoke shall be produced by a smoke genera- ting machine and not by chemical mixtures. 12-6 TOWN OF SOUTHOLD COUNTY OF SUFFOLK STATE OF NEW YORK ADDENDUM NO. 2 TO THE CONSTRUCTION SPECI FICATIC)NS AND RELATED DOCUMENTS FOR MODIFICATIOt4 OF TWO LIBRARI ES AND TO ACCOMMODATE FACILITIES FOR THE HANDICAPPED (104 Requirements) CONTRACT NO. 1 (FOR ASPHALT CONTRACTO P,) CHAS. H. SELLS, INC. Consulting ,Engineers 1787 Veterans Memorial Highway Central Id ip, New York 11722 .IreD 1 - 1 ADDENDUM NO. 2 - July 20, 1981 This Addendum consists of the Following: Pages ADD 1-1 through ADD 1-5 TO ALL BIDDERS The following constitutes Addendum No. 2 to the Contract Documents dated April 18, 1981. Each bidder shall acknowledge receipt of this Addendum in the Proposal. S PECI.F, ICATIO NS MATT!.T~C~ pBRARY ' GENERAL REQUIREMENTS - DIVISION NC),.. 1 1) Main Entrance 2) 3). Page 1-2~ paragraph 2 Delete without substitution. Entry for the Handicapped Page 1-2~ paragraph 3 .Lines a and b fo be eliminated without substitution. Page 1-3, paragraph 3 Lines f, g, and h to be eliminated without substitution. Public Restrooms Page 1-3.and 1-4, paragraph 4 Delete without substitution. ADD 1-2 SOUTHOLD LIBRARY r GENERAL REQUIREMENTS- DIVISION NO. 1 1) Entry for the Handicapped Page 1-4, paragraph 2 Lines a~ 10, c, d, e and f J'O'be eliminatect without substitution. Pa.qe 1-5, ~ara.qmph 2 Lines g, h and k to be eliminated without substitution. 2) Public kestrooms Page 1-5, and page 1-6, paragraph 3 Delete without substitution. 3) Hall Page 1-6~ paragraph 4 Delete without substitution. ADD 1-3 DRAWING NO. 1 1) 2) 3) 4) 5) DRAWINGS Plat Plan Detail ~ Delete Section'~)-E:l'and proposed ramp and railing. Plan Detail Delete ramp and entry for handicapped. Section "A-A" Delete ramp and railing. Section "B-B" and Sleeve Detail ~B" Delete without substitution. Section "D-D" Delete without substitution. DRAWING NO. 2 Delete without substitution. DRAWING NO. 3 1) Plot Plan Detail Delete proposed public restrooms, handicapped entrance and ramp without substitution. DRAWING NO. 4 1) Plan Delete ramp and entrance for handicapped without substitution. ADD 1-4 DRAWINGS DRAWING NO. 4 (Cont'd. 2) Sections "A-A" Delete ramp and railing without substitution. 3) Sleeve Detail "B", Section "B-B", Section "C-C", Detail C, Door Elevation and Door Buck Elevetion Delete without subs!itutlo~. DRAWING NO. 5 Delete wlthout substitution. END OF ADDENDUM NO. 2 ADD 1-5 TOWN OF SOUTHOLD COUNTY OF SOFFOLK STATE OF NEW YORK ADDENDUM NO. 1 TO THE, CONSTRUCTION SPI~Ci FICATIO NS AND RELATED DOCUMENTS FOR MODIFICATION OF TWO LIBRARIES AND TO ACCOMMODATE FACILITIES FOR THE HANDICAPPED (104 Requirements) CONTRACT NO. 1 (FOR GENERAL CONTRACTO R) CHAS. H. SELLS, INC. ConsulHng Engineers 1787 Veterans Memorial Highway Central Islip, New York 11722 ADD 1 - 1 ADDENDUM NO. I - JULY 14, 1981 This Addendum consists of the foltow~ng: Pages ADD 1-1 through ADD 1-5 TO ALL BIDDERS The following consfitUtes Addendum No. 1 to the Contract Documents dated April 18, 1981. Each bidder shall acknowledge receipt of this Addendum in the Proposal. SPECIFICATIONS MATTITUCK LIB RARY GENERAL REQUIREMENTS - DIVISION NO. 1 1) Parking Area Page 1-2, paragraph 1 Lines a, b, c and d to be eliminated without substitution. Main Entrance Page 1-2, paragraph 2 Lines a, b, c, d and e to 'be eliminated without substitution. Entry for the Handicapped. Page 1-3, paragraph 3 . Lines c, d and · to be el,imlnated ' "' ' w thout ubshtutran. 2) 3) ADD 1-2 SOUTHOLD LIBRARY GENERAL REQUIREMENTS - DIVISION NO. 1 1) Parking Area Page 1-4 Lines a~ b and c to be eliminated without substitution. 2) Entry for the Handicapped Page 1-5 Lines i and j to be eliminated Without substitution~ DIVISION NO. 5 - METALS Description Page 5-1, paragraph b2 Delete the phrase "Alu~lni~m Railing" and J:nsert "Wrought Iron Railing". ~' ADD 1-3 DRAWl NGS DRAWING NO. 1 1) 3) 4) r¸ .5) Plot Plan Detail Delete proposed concrete walk, parking area and proposed driveway without substitution. Plan Detail Delete 4~ concrete walk without substitution. Section "A-A" a. Delete aum hum reiling,, substitute with wrought iron railing. b. Delete 5" concrete walk without substitution. Section "C-C", Section ,'~D~' ,and Sleeve Detail "B" Delete without substitul~i~n-. ' SeCtion "B-B" Delete the phrase "1-I/2" aluminum railing" and insert "wrought iron railing' as ordered by the Engineer. DRAWING NO. 2 1) . Plan Detail Delete detail entirely without substitution. 2) General Construction Notes Delete Notes 9, 10, 11 and 12 entirely without substitution. DRAWING NO. 3 1) Plot Plan Detail Delete proposed 4' asphalt walk, parking area and proposed driveway without substitution. ADD 1-4 DRAWING NO. 3 (Conrad.) 2) Sections "A-A", '~B-B" and "C-C" Delete entirely without s~t!tution. DRAWING NO. 4 1) 2) 3) Plan Delete asphalt ~gl~wlthout substitution. Sections "A-A, "Ii-B" and ~-.CI' Delete "1-1/2" aluminum railing"and substitute with "'wrought iron railing" as ordered by the Engineer. Sleeve Detail "B''~ Delete entirely without substitution. END OF ADDENDUM NO. 1 ADD 1-5 SPECIFICATIONS TOWN OF SOUTHOLD MODIFICATION OF TWO LIBRARIES TO ACCOMMODATE FACILITIES FOR THE HANDICAPPED SPECIFICATIONS TOWN OF SOUTHOLD County of Suffolk State o~c New York MODIFICATIONS OF TWO LIBRARIES TO ACCOMMODATE FACILITIES FOR THE HANDICAPPED (504 Requirements) CHAS. H. SELLS, INC. CONSULTING ENGINEERS WEST BABYLON, N.Y. MODIFICATION OF TWO LIBRARIES Town o£ Southold New York Drawing No. 1 2 LIST OF DRAWINGS Descriptions Mattituck Free Library Southhold Library Drawing Title Plans and Details Plans and Details MODIFICATIONS OF TWO LIBRARIES Town of Southold New York INDEX TO SPECIFICATIONS Descriptions Housing and Urban Development Requirements Notice to Bidders Equal Opportunity Information to Bidders Wage Rates Proposals Bidder's Questionnaire Non-Collusive Bidding Certification Disclosure Statement Contract Agreement Faithful Performance Bond Labor of Material Bond General Conditions TECHNICAL SPECIFICATIONS CONTRACT NO. 1 Division 1 General Requirements CONTRACT NO. 1 - GENERAL CONSTRUCTION Division 2 Division 3 Division 4 Division 5 Division 6 Division 7 Division 8 Division 9 Division 10 Di VlSlan1 ] Division 12 Sitework Concrete Masonary Metals Wood and Plastic Not Included Doors and Windows Finishes Specialities Electrical Plum~)ing Pages CD-1 - CD-113 2 3 - 5 6- 10 I1 14 1.'.'.~- 15 I 16- 17 18 - 23 24 25 - 66 67 - 71 72 - 75 76 - 81 1-1 thru 1-6 2-1 thru 2-15 3-1 thru ~-10 4-1 thru 4~ 6 5-1 thru 5- 4 6-1 thru 6- 5 8-1 thru 8- 7 9-1 thru 9-15 10-1 thru 10- 5 11-1 thru 11- 6 12-1 thru 12- 6 COMMUNITY DEVELOPMENT PROGRAM CONTRACT COMPLIANCE PROCEDURES To assure compliance with Federal Labor Standard requirements pursuant to the Davis-Beacon Act and ExecuHve Order 11246~ as well as the Housing and Urban Development Act of 1968~ the following information is ~ncluded ~n bid specifications and contracts: ]) 3) 4) Executive Order 11246, Subpart B, Sechon 202, paragraphs (1) through (7), ~ncluslve. New Model Bid CondiHons which includes the EEO clause and Nassau/Suffolk Plan. Federal Labor Standards Provisions, Paragraph '15. Prevailing wage rates in effect when the work is performed. CD-I EQUAL EMPLOYMENT OPPORTUNITY EXECUTIVE ORDER 11246 CD-2 '1 Executive O~der 11247 COORDINATION BY ATTORNEY GI~NERAL EQUAL EMI'LOYMENT OPPORTUNITY Executive Order I12.~6~ [39 FAt. 1~1~-?.5] Under and by ~rtue of lhe authority yeS,ti in me ~ P~sident o~ the United Sta~s by the Constitution and statu~ of the Uni~d S~t~$, it is ordered as follows: S~c. 101. It is the policy of the Gove~nt of the Unit~ S~.~ lo provide ~ual opponumtv in Fcde~l employment for MI qualifiM ~ms, to prohibit di~'ri~[dngtion in employment b~au~ of co,or, rehg~cn, ~:x or nat,,mal or,gm and to provide I{,e full reahza- tion of ~;a{ employment r, ~ s)~unity through a ~,sitivc ~ntinulng l)~gwam in each t, xc~.ut iv,. ,I,' m~ re,mt and a~mncy. The ~licy of opportu~;i,y applits to every asI~ct of F~c~] employment imlicy and Ira S,'c. 1,'~2. The head of e~ch executive department ami a~acy shall e,:a~fii;h and ,nain~:tin a {,,,~iti~'e progntm of c~ uM em doyment OFl:Of tt n~ty ?r ali c~ilian emph)yees and applicants for cmploymtmt within h~s ]un~l~ctt~n m accor,lan~ with the lmlicy >~.~ fcrt~ in Sccloio 101. S~c. 103. The C'; '1 Serv'ce (.omm[ssion shall supervi~ and provide lesdeyddp and ~idancc in ~ho conduct of ~ual employment ep~r- tunitv p~m~ fur the civilian e~nt,loy~s of and-ap[di~.tio~s- for em~l~:n~nt within ~he b:e~'utive de~)a~ments and ~.~nci~ and M~all ~:v,ew al~ncy pa:gram a,'compli~l,mcms l~riodicaflv. oJ,[~,unity jn ~he l%,{,,t M s~,rvice, the ('ommisztion may ~ns,{l¢, f~m t:me to time with su,'h in,livi~ , a N vro pa, or ,~rgz. n~atio~q )~ k~.~ance m Imp~Vllg the l,',~tcml pm~zn ~d ~ z g the obj~ti;'ts of this Part. $:c. I~. 'Ft;e Civil Y~en'i~ Commi~ion allall p~de for tho prompt, fair, and impa~{al Consideration of all comph;ia~ of dis- cr n nat;on n F~terale, p ovm~,~t on lhob-~iaof ra~ ~lor roli~on ~x or ~at)onal or~;qn, l)r~e~,n~ for the ~ns~de~.tion of coml)lsinka shall ind:ide at lea>'t on,, impartial revip~v within U{e ex~utive ,menl or >~,ncy and shrill pm~ido for apl~al ~ the CivU ~r~ico S;c. I",.~. The Clx:il Seln-~ce Conm~i~ion shall i~ue such ~lations, out i,s rt.-p,,nsil,~li~ it,& tmd.,r ti, is Pag, and tho hera of e~la ex~ut.i~'o d,~ ,:::'~:~enl ami n~em'v slutll com~ly with the ~gulaCions, o~e~ and S£c..o01. T,m ,qecrelarv of l,abor shal be reap msfl~ e for the a ! n- itration of I aris II and II1 of t ~ a Order ami shall adopt, such rules and regulations and iaue such onie~ as he deems nec~asa~ and ap- propria~ to arhieve the purpo~ t hereof. Sr, c. 90'2. Except in c~ontracts exempted in accordance with Section ~2Ot f tl.s Order, all (.ovarnment co tr tctmg agencms shall include in e~cFy Gove~ment cont~t he.after entered into tho following "l)u~ng tho [~rfo~ance of this ~ntract, tho ~ntr~lor a~e~s as follows: "{1 ) ~le con~mctor will not d's'r'm'nate against, any employeo or appti~ant for ~mploymcnt I~(lall~ of re? cn or, reli~ion~ ~x, or nr. donal o~gln. The eon rector ~11 take affirmative achon to ensure that applicants am em ~l-yed, ami that employees are lreat~d during empbyment, wll .mt ~gard Io ~heir race, color, n,ligion, ~x, or na6onal orih6e. Such action shall im'lude, but n.t I~ limited In Ihe following: employment, npgradi.g, demotion, or transfer; ~ruit- ment or r~n:i~mcn~ adve~isin~; ht~.off or ermination rates of pay' or other fomls of comlcnsa6on; ami ~lection for tralnin~, including apprentic~hip, q')m contract~r agrees Io ~s~ in conspicuous places, ~v~.ilablo to cmploya, s .nd alqdic:m/s for employment, m~t. ic.es ~ ~ pro~ided by the c-:tiraclin~ officer ~tling foah lhe provisions of this nondia'~mafion clau~. "(~) Tho con~ractor will, in ~11 mlicl/utions or advo~i~mmnts for omplo}eespla~dbyoronl~dialfofthecoatiactor sine of al ¢ t rial apld[ca.~s w/Il n.,'eive cortaid.tattoo f-r employmeit w ,Iott (3) I o c t a,h)r w~]l ~'ml o tMll.h ab~r umon or ~prcmnlat ye o[ woTJi(.l~ with which he }J~ a colh,,,llx'e barmdnins nm'cement or other coot red or unde~*iandmg, a nolic., to Im p'r,~vi&,~i b)~' tim agen¥ czmtrtctit,f~ .fiiccr, advising tl~e lab,~r tlnlon or workct~' rep;'esenlative < f t e cont ~,o~ t~mmutmc:lts umler Section ~02 of l';xezutive Order No. 11211; of Scpb,mla, r a I, 19g5, a~ul shall post copies of l J~e notice in conspicuous pl~ea availabh~ to mnpl.ymts and applicants for enqdoy- (4) ~lo ¢~)ntr~tor w~Jl cmnnly wlt. h ali prowsmns of l'.xec ye Order Ho llg. g ¢ f Se.h'r her ~;t 1~(5 and df tho rules ~-mlations "(5) Tho ctmtractor will furnish ali information and ~poN.s m- quir~ by l,.xt~-ut~ve Order No. 112.lg of Septi,mhcr B.t 1985, amd hy tho rult~, a'~lation~ and ordem of Ihe S~retarv of L:d~r, or pu~mnt thereto, and wil perm t m'c'ss to s ~ ks, :cdc rds, and ~counkq by tho co:llr:~ing agency and the ~eretary of [ztbor for purpo~ of inv¢~ig~ion ~ ~otaain ~mpliance with such roles, r0l~lations~ nnd o~ "(6) In lira event, of the conh'a,'tor's nmu'mnpllan,:e with ~non- Imnd~',l in wi.do or in p:ut and the ('Olliraclor m~.V be declared itwli- l~ilde for fUl'lh,'l' (;,,~t'l Imi,qlt I'~,llll':ll'ts ill :tcl'Ol'd:tl~¢(~ with l,rm'mlurcs I IIIJl rizc. J in J.' xt,.: 'llli~ i, ()r .h'r .N ). ll°lfl- }f .Se.I l :'mi er 21, 1', ,,.5 ami, in I';xt~'ulh'~ (h'dt,r No. 11211; .f Seplemher 24, 19(15, or by ruh.~ rekm- lalim~, or order of Lhe S.,:r~.l:u'y of I.:dmr, or as o~herw~m~ provid~l I}y ht~v. "(7) The contraclor x~ill in,'lmh. Ih,. I,rm'i<imts of l'araarald,a (11 Ihrou~h (7) in every subconlr;.I .r pm'clm-c ot,h,r mtless cxemph.d su:tnl Io Sc,'lion ~01 .f [';x~..uli~,. ()r,h,r No. I1:~111 .[ S~,ph,mhur 21. 19t;5, ~ IhaL StlCh prox iai.ns will h~, I,imlih~ up-n I.',,h.'t d., hdcr. sls .f Iht, l'nih,,I SI:dos." visions i.'~,~crih.,t in Serl i,m 21~2 ~h:dl lilt,, and shah c:m~, i,ach of his sul.'m~h'aclm's h~ Ii h'. Comldia m'c hi 'Is x~ ilh tins conlracling agem.y sh:tll be lih,d w{lhin sm.h lh[.,s ami shall ,'onlain such informalion lU'esct'ibe. (h) Bidde~ or prosl..cliva.conlractom or m~hconlraclo~ may bo raluin,d lo stale ;vhel.h.r I}uw have p:u'li,-ipalcd in any prm'ious om- tract sul,j~,, t I~ tho provision~ of Ihis Order. or aoy pre~.l~ling similar Ex~.utixe or&,r, ami in lhal evmlL Io submit, on beh:tl f of Ihema.h'c.~ aninili:dp:u'toflh~.irlfi~ or e~,l .tofac pr~u~llce.q trill} policilk~ :tlTtq.lin~ compliance aq l}w S;~*r~qary of Izt},or may prca.ribe: I'rm'id,'d. Tirol l~}lhe exh,nt su,'h in f.rm:tlion is wll hin htl~r unioll or agl'ncy shall H. fusc t4~ furnish soch informali.. pa~¢ of its Compliance Itepo~ ami shM] ~[ fo~h what ~tTor~ he'h~< malo ~ oblain such information. rm (d) The c, mtra*tinK ag..mcy or tim ,%.cr~!L'try ~f l,a}~w ~nay lha£ ~ny hi,hh.r or ~m, .,.qive emanwtor or sul,contn~eloc Mmll mi~, a,; l:aZ~ of h s {xmq,liam'e lh.l~U-t, a ~lah, ment in writing, si~,.,,d I,y an atlt]~rJzl,d offi,'l r or agm~t on la, hal f of any lals,r union or any a~cncy ri, feting workers m' m~yiding ,.- au a, rvising ~t q~ '. ,. og )lht~r train q5 wi h which .' ~dm' or pro~l~clirc pracl c<~q ami I~/icit~; do not dl~rlmlnale t,~ tim Lmmnds of racth color, religion, sex or natmnal m'igin and Ih:ti lhe signer eithe - w I affirma- tit';dy c~o ,~,rato in tho im Heewntalimt of Ihe ~licy ami t,mv s o ~ of ()n~ order or that iL cona.nk~ an,l It~l't~'N I hat ~cruitmanL) (mq)loyment, ~ml the h,~s attd cc, ndit.ioes of emp]oyment under tho I,?~po~l tract shall I.~ in accordam-e with Hn, Imrpoa,s :tlld provisions of order. In tha event Ihat the union, or the agency shall ~efu~ 1~ si]ch a shm~menl, tim (k)mpllance Rela,~ shall ~ ce~ fy and set rom tinnal f~;,,/uM lit:z~riM as the c,mlmcCing aL~ncy or tho Secrcla~ of . S)~, POi. q']? ~cretary of Lal~r may) whae Im deems that al:,'nrv fr.m Ih. require, enl o[ in,'hidieg ~my or all of tlma pmvisimts of 5,,, tmn 2t)2 of this Order n Itnr sis. et m c~)nt.r:tct, suls:onfract, or I,ur, h ,s, ,)rdcr. The S,.'~taary o~ I,al.)r may, by rule or rohmht. t},a Untied Ntati,s and no n'cniihncnt of WOllke~ ~'ithin the limits ¢~[ tho l'ait(~l ~;:~d~ is invol~cd; (2) for ~mmhu-d commercial sup- plies or raw mal,.ri,ds; (3) involving le~s limit slwc~fied iunotln(~ Inlmay or sl,.,cllit,d nunlla,tN of workem; or (I) 1o the axlent Ihal. l lmy invul;e sulw;mlritcts la, hm' a s~'ifie~l tier. 'l'he ~ecretar¥ of v.~t',t or imi,.,te ti? effej'tu~ti()n of thepurpo:,4~ (;f t.lns Order: And pr~l,:~[ct[ [*lrl/,~ D,::t m Iha al)~,nce ofsud~ an exeln )lion a fa' - t ~ a m ~ coYea~ by 0m l,mrisions of t}~ s Ordor. S~:. 205. Et;ch mntm~aing aXracv si all bo prinn~ily re:;~tsihlo for cl,l::inin[ cmnplianco ~l itl~ the rules, re~,tthdions, and orders of tho E:.~x-ta~/ ot I.at~-r wilh rcq,~'t ~ ~nt~tcts ~,n~r~ in~ by suoh a&v, cy or ~ mr, tractmx All c{,ntnu'tln, ~'.~nc;4:3 ,'lmll rumply x~th tho n~ cs of l e Secrcntry of l.abar in dmclmrgmg thmr l)nma~ rccr~r~ibiEl7. for.s.~urin... ~ comnlianm~, wit.}~ tho provisions of *~n- tn:~e a:~t] othe~'~:~ with tho terms of this Order mid o[ tho ~]. ~gfl:~ti~ua, ~[~d mxtc~ ~f Ilia SrcrctaD, of I~ab(>r i~;u~d p trzmmt ([:m Or;let. ILcy {irt dlre('tcd h) ('~p~rltle wilh (ho ~;ecr, htry of [-u]shmca tm [o may nqui m in I lin Imr form:race of his functions undor t~a Order. 'D~ey am fu~her dir(x'ted to al&oin[ or (t~si~zt~, from 'amoeg the agm~Cy's l>en;onnel, compliance officers. It shall I:¢ Lite duty of such o!lice~ t,) seek corn )liance ~xith the objectives of this Order by c~m ft mnc~, conciliation, medialion, or pe~umqion. S}:t:. ~. (at q he Secretary of L:d~or,mav mvt~H~tto lite employ- liale mmh invesligatmn I}y lhe approp6ate eonlmclieg aka, nc)5 lo de- lermino whether or nol t};e c~mlraclual ~rovlsiems sl~dified in ~ction 2)2 of th s Onh.c haxe I~,en v oht ed. Nt ch n'¢~l gat'o~ shall conducle,I in :u:cm'dam.e xx Dh lhe procedures esnthlished by the I.ary of [.:d,or and the invesligating agpllcy shall ml~ to the Seem- (bt Tho Sec~tary of Labor may receixe and invesligate or lo I~ invesllg:tleA coml)laie~s I)y employees or I)rospeclive employt~s lion (~ntntry lo tim eoetr:wtnM )rm'isi,ms s[~cifie(I lo Section ~02 ~f lifts Order. If (his inx'estig:tiion is conducled f.r the ,)f L:;~)r ltv :t contr:u'6n,, agency, tha.t a~q,m'y shall repod, to tha S~'nqary x~:hat a,'ti(m has'teen la~en or ;s rez'ommended with m~rd Io such (h)mplain/s. SEc. 2()7. The Sc( re(:t~ of I.al~r shall um his lmm. efforts, directly ;ted thmugh (-m~l r;lc( ing agent,its, ol her intcre.qed Fedentl, St:tie, h~.al ahn. m.i(,s, ('m~tr;wlo~, and all other availal)le instnm~enlalitie~ to nr any agency ref,,rring x*,,r;;ers m' I)~.vidin~ or S.l,ervish)g appr/,n- Hc(,shiI) m' (rainin~ fro' (ir in Iht, C(allSe of such wolk to (:,,Ol)erate in the imlAemen(alim~ of lhe purls)~,s of this Order. Tim Secn)ta~, l~al.)l shall, in a ) n'()pri:t(e east,s, ri.lily the Equal l,.mployment pr ale 'el (;ral agen('ie~ wh(qlever I has reason to I~,lie~e lh:x~ the [)I.ICIII~ O[ any such hil~r r)r~;iniz:tll,)rl nv :flUency x'H)la{(~ q II]o VI or '1 Io VI [ of the C'vil ltighls Act of 1DB4 or other provision of F~I- orM law. ruh., mguhtlion, or ordm' of Ihe Secret.try, nuty Imhl such hearln~ imhJi,, or private, :lq Ihe ~t'('It'lnry may dccm advisahh, for ('nml)Jiaece) (It) The S{.,ct](,lar~,)f l,al.)r re:tv hohl or cau~ (,) he h(,hl hearin~ in accor, hm(.e. ~xilh S.hs~l.i.n (a~ (,f titis S~.,'li,m l)ri()r to imlmsing, onhq'ing, or ~,'mmn. emling lira imposiliml of [~eallies and ~nctions tlfleJ,'l' this Order. No or(h,r for ,h,l)nrmenl (if any conlr:.'h)r frnla fm'lher (hn'ernment (',mir:t,)s umh.r Scclim~ 2(l[)(a )(8) shall ~ made wil boll J, affording lhe ('onl ra,'h)r ii11 Olq)()rl mlily for a hearing. ~q):('. ;20D. (at Ill ncc,trdan(.(, x~illt snch ruh,s, regah'.liol)s, or orders as ih0 SCCl'Marv of l.M~r ifl;iy i~lle (}r adopt, Ihe Sccreta~ or Ihe ( 1 ) l'ul,li~},, -r cause to }~. puhlished, Ihe can,es of contractors or ~l)li~)ll>; ',~ };i;'h il h:t~ c.m'hld(,(I Il:lYe corn )licd or have falh~d to c~)mp]~ xxith the ),rovi~;i(ms of t ~is Or,lcr or of Ihe rules, tegulatim~s, an;I tha! in in there :~'~" :.uh:~v.,, l:tl or ;Imterial viola Ion or the ~[trrat of sun en/orce Ores,, pr, n'isi,ms, including the muoininf, wit ~ n ti o n lions of uvpli,'xbto~ Nw,. of orgmmzat m,, ' ~d ~du. t s. or o.~ups who prevent (h~'tly or mdmmfly or snell lo prevent d~metly or mdl~tl~, compliance with Ibc provisions of lifts Order. {3) Recommend 1o lbo Eqnal Employment OppoN.onity Commis- sion or l}~o l)aimMnwnt of Ja~i~o llmt ap ~pr-i,2o pr~di~ ~ institutedunderTi~leVlloftbeC v R g *ts Act of1964. (4} I{eeommend In lhe l)epaMment of .hi~i~m that criminal pro- c~dinfm tm brought for tim funfishing oe faire in fommtion ~ ~ty ~n- tra,~ing agency or to the S~re~a~ of Latmr ~ tho cam may (5) Canc~.l, terminate, suqmnd, or cau~ to ~ ean(~led, tonninated, or sus~nd~l, any contmct~ or any imrlion or N~rtions Ommof, for fxiluro of tim c~ntr~:(~r or suN'ont~¢r lo ~mply with tho non- db'~rimin*ttlon prorisi~m~ of the eonlr~t. Omtrncla may 1~ ~ncoll~l, rennin:th.d, or susD~ndml abmlutoly or continuan~ of ~nlr~ amy b) conditioned u[mn a progr~ for future complianm appmv~ by the omi ~t ing a~'enc y. . (6) Provide tliat ~ny cont~{~ing ngmmy shall refrain from en~r- lng ~.nlo furOtor conlracls, or o~ensmns or other modified[ions of e.~y2tnyr ~mlracl% with &ny noncmnplying continuer, until such con- tractor h:m.~tigiied e Secr~4ar. y of l~tlx~r that .such continuer has e:gablisLe:l ami ;till carry out ~r~mnel and employment ~llcit~ in complianm with ~ ho provi~ions of ~itis Order. , ~b) Under rule. q ~ld re~l~iona pmmri~A by ~o Sentry of ~,r, ~,acb c~,lllr;tcl~nl[ agmncy slmll m::ko t~e~mmble elfm~s w~tbin a rea:-~mnLlo lime linfitetimt to ~ure c~unpli~m~ with tho ~ntract prorisio~:~ of Ibis (}rdl.r bv metbods of ron feren~, ~neili:tiion, r.~[o~, and[ ' o'"> ~on ~' 'a [rwcedin~ sbMl l~ instituled umtar SuI~cli:m (a) (.) of h s Srr~.n, or }mfore a contr:t~l s m l~, ~eled or trrminah~,l in ~boleor in pat% under Subset mn (a)(5) of this , c<'th n f.r failur~ of a contraolor or sulmontr:~r ~ comply wiUa fl~e ~,nt ra~'l provi~fions of tiffs ,o~,:. z~,. ,~ny c~,ni:~ting agom:y taking ~y action authomzed by th~ S~:} l..tx, wincher on il~ own m(~ion, or as di~ded by the S~ro- far,' of l.almr, or ~ nder the ~l~$ mid m~d~tions of tho S,scr~zr3 <,I l.a}*~r makes u detom~ nat on ~ ~der this a~ti m, he shall p:wmFtly no:ifv ~bo appropriate contracting agemy of t m action r*o.mmemb, d. Tim a~eney sbalI lake such ~:tion a~ d sl all ropo~ th, ~.s ,.s t ~emz,f h~ lhe St~relary el Labor w~th~n such tm~o ~ tho S:.r. ~11. If the Secretary shall m direct, *retracting a~nei~ts s}mll not ~nt~r into ~ntrac~ with any bidder or pros~<<ivo contractor unl,..s &e b~(h:er or m~s~ctlve ~ntractor h~s satmtactonly comph~ x~ ~h t.w prox i=tons of tins O~ler or submits a program for compl lgllO~ r.o~ptablo ~ t m ~mr~ta~ of l~bor or, ff the 8~retary m authority, ~ thc cent r:tcl ng a~ncy gr~. 21~. *,~', c::o~er a ~ntraeting a~ney ~n~Is or h,,ninaD~ a contact, or whenever a ~ntr~r h~ ~n deba~mt from fu~hor I Oovornmont c~ntr~wt% undt~r 5~,ction ?090;) (6) I,ecam.~'!~? noncom- plizm~ with tho contract p~vinions with re,;ard t~ nondi~fimin~tic% promptly notify t m (~mptmller GenmM of the Uni~ S~t~s. ~y such debarment may ~ reminded by tbe ~mta~ of I~r or bI tho mntracting agency whid~ imbed tho sanction. sunra~rr r.---c,r.n'r~r~c.~Tm or $~c. 213. Tho S~retary of Labor mayprovido for i~qu~n~ oI Uniled Stah'~ Government (~mlillcah~ of Merit ~ omldoyem or lair unions, or other agencies whicb are or amy hereMter ~ en~a~ed in work under Government c~nll'aCkS if lhe Seeretar7 is mti~fied Hint tho [~r~mnel and employment practbm, q of the empIoynr or thut tho personmd, training, appmntic*ship meml~hip, grlevanc~ and mp- ro~,ntation, ?pgrading and other pmcti~s andlmlicim~ of the l~r ration or ,}thcr agency con fm'm lo the purpo~s and provisions of this Order. S~.:c. 214. Any Ce~ificato of Merit may at any tim0 lm SUSl~ndM or revoked by th] Seeret~ry of Latmr it the holder thereof h~ tho jutlgmun[ of the Socm~ry hms fail~ ~ comply with tho provisions of th s Order. S~:c. 21o. The ~ecrtqary of Imbor may provide for Ibc exelnptlon of n ~3' employ'er, la,or ii~llon~ or other agency, fronl gn~ ~porting r~ltllrelllenL5 lmpo~d umler or ptlrStlald to tills Order If sut:h em- ployer, 'abet unhm, or other agdncv bas h'en award~ a of Meri:, which hits not been suspe~ided or revokt~. . g~:o. 301. I',nch execulive depart.meal and ut.oncy which adminisIers a 1 ro/q'a n invoIvln~ Federal fin~m'i'd nssislnnco shall rrtmire ns {~lnrald~m theroumh~r which may inw,h'c a ('onslruelinn eontrac{, ti*mt ?p_nl,plisant ~o~ l"?ler,d ~?~nyo. nv,,~?,tk~ nm.I. a~0'~, ~o ir?nip: for in whole or in part wfth funds oblai~md from tim Federal Oove~. mm~t or N,rrmvcd on the credit ,,f tl,o Federal ({,}w, rnment l,um,,ent pu~nant to any l%dm'M program tnvolving such grnnI coal tact msurune% or iUmranlee, Ibc provisions pre~'ribed for (;mermnent cotttra{~8 by S,~lim~ C0:I of this ()nlm' ,)r such modilieation thereof, ?~serving in subsfa/~ce the conir:tclor's ol,liga~ions Iht. rounder ms may no al.l[roved by iht S~¢re¢ary of l~bor, {ngmlber with .n.cb ,.dditionM prov~smns ~m Om 8ee~tary deems ap ,roprinle ~o aslahlish and It,et l} o m ert*t of the [Dfiled Slc,~s~n.tho enfomemont of lho~ obh- g:t/ions, l'htch such applicnn[ shall aim undertalrc and agree (1) assist ami c~)tmrate aolively with the administering dcpn~ment or ~tg~aney and tho Secrt~ary of La~,r in obtaining the compliance of eon- tractom and su~xmtractors with tho~ contract provisions and ;=ith the mt~ re,clarions, and relevant ordem of the Secretary, (~) to obta n a~ d ~ ft rn'sh to the adnnms ering dopa~ment or agency and 1(, ~!:,' ?,.,.rct. ary -f l.ah,,r su,'h h~f.rnlatl,m as they may r(,.?ire for ~ , ~i't t. h)l'S }~V I}h' Sp(q't't:ily of Labor .r the adminish,ri~g depar~m~.t ,,r agent;; imr~uant to I;art Il, Subparl I), of Ibis Order, and (1) to r¢,frain fr.ra entering int~) any c¢mll'acL subj~,.'t t,, this Ordcr, or CXJt'liSioll or other m.dillc:Jfion of Sllch ;I Colitl'llcJ wilh a contractor deJmrred fr-m (;.verm]umL colttra('ls uncle l'art 11, Sul)- partr D, of Ihis S~:c. 3O2. (a) "('.nstruction co;tlract' as u~c(J in this Order means any coTilra,~ [or lhe c.~lslruch,)lb, rchal)l.h/:ihon, alleratinn siolh exhql~ion~ or repair of buihhngs, Inghway~, or oilier nnprove- (b) The prov~sim;s of Part II of this Order shall apply lo such con.Inaction contr:tcla and for pu)'~-a~s agency ~uh.rrcd ~. li.'t ein. c) Thc le~ m ":t ) die:mi" as used in Ihis ()rdcr Ill(~:tlls Ifil :qqdicant for [.¥dera] :t~sislance or, ;~ ~ ch,rmine. I I)y agone)' regulation, o her prior to the ..Irective date .f this P:ul~ nnd il in..ludes such SEc. :~0:~. (:t) J']:u'Jt admMist~.ving doparhnent ami agc~cy ah:iii he rcq .msil,h, f.r .htaining Ibc tin'ir undert:~kings u.der Ibis ()rdcr. Each :uhninistcrmg dcparb ment and a~aqu'y i:; ;lircch,d I,..'.).peralc wilh lite S~'crcl:u'v -f t,ah.r, ('h) In fJtcexe]tt :m :qq,lh';m~ fails and rcf~cs ~r ail o f thc f. tJt)x~ irig ;,'thm~: ( I ) c:tn('cl, (iq'ilLin:itC, Or sllsj,t'lld in (2) rt.f.;tin f.nn .,>.l,'n.li.g any fill(}lcr a.4~i~,lltlkce It) Ibp al)plic;tn( m*.ntof J us(i.'u f,.' apl,r.,pri;tfe leg;ti (c) Any ::cti,m ~ if h r'c~l,c.'t t. an alq,I cant p,u~uant to Suh~,c,q ion (b) sh.tll hp (ak,,n in .,.nformily with S..ction ;tOt Of l')(;~ (:HUt IJle ~(,gula[i.ns a~?.n.'y i::;uec[ thereunder), to thc (.xlt.llt alqdlcal)le. Iii n- caa~ sh:tll a~ thru be takt, z~ ~ith rc~ ~c,'t 1¢, an :tp ,licant ptil~tlant, I~l ClallSO (1) or (2) uf Slibs~'clio~ (b) wit tout not ,:t, ami opportun ty for tear~ng. I~,~.re th~ :.Imini~;h.rMg th, part m~,nt or agency. S~c. 391. Any ~.;m.ut~ve dr, ~:..tmcnt or agency' which iml).~s by . ploymcnt, ot}a,r OJan rmluiren.,nla hnp.~,d pul~tlallL ~ this Order, m~y dch, gat~ t. the S~.crctary .f l.al,.r h&. :tgi'cement sl],*lt r~ponaibili- tics with ~s~ lo complian e ~anda'k% would tend to bring the admi. s r tt on of s'.rh r ~ .: .ts into c,m- f. rmify with the adm/nistration of requi~ nents ill.1 i~¢,({ on,h.r this Order: lb'o~.M~:d, 'lq~at action le :.~ecf complianco by r~ipients of TiLIo VI of the (]ivil RightsAc cfi! ;tsitll ,eltk n lc)rift witl the prCa~t~lurt~s andq mitatioms pre~:rils,A in ~ection 602 thereof and tho r%~lati~ms of the ~dminislering department or agency i~ued tht~reunder. SEc. 401. Tho S~relary of l,al~r m~ ~ de egale to any o~(~ r, agen or employ~ in ~he Executive I~rlmch o~ lira (lover .hi, any f ordut-yoflh*~$ec~taryunderl'arlallan( I [ f authority to DrolnuJga~ rnle~ and repulation~ of a ~,zc. a~,.. Jno ~ocret.ary of Lal~r shall pw,v~de admmlatrat ye sap- ~,or~ for tho oa~ution of lbo pro.ram known as tho "l'lans for ~¥~..I03. (a) Exrcu ira Ordcm N.~;. luY,k~0 {.lalltla~, lO, 1D55)~ 10722 ( Aul~m~ 5, H~57),, 11)D25 ( March ;, IP61 ), I I 114 ~.Jneo ~2, (.OIl~llli([~ o.,?~qual Emplovnwnt ()ppOrllmJt; e~;Ja ~lishc ~;' ff:u~v0 Order ~.~. ln:*L'.5 is hc~'~4~y al oH~.} ed A 'records a~ ( r~ ~rt .I 1,~,)c.,st..d v o f~ h,, C,),:nnitl~.e shall 1~ trans ferr,~l lo tho Ci,'i~ C-mmi~ion'and the 8ccn~lary of l,al~r, as appr.priata. (b) Nothing in this ()r&~r shall I~ deanlod to relieve any pemon of ?ye (h,l(r su/m~ded by riffs Order. All r.h,a 'efq la )no o (J nts ( ornlutltee o l, I I mph)vm(.l~ Op ,orrlmlf y alii/tht)r~) issued ally Of tho l',x('~ntiv~ or(ler~ su )ers~'d ,, J v t I S {)r{I,- ~L- ' ' x ~tt al fl(yam~ t n~onsstar wth tMs ()rder, relHa ii ii fl, I ......... ~,~. Jmucc unless :}nd un~ il ?vol~e(t -r supers?h.1 I)y a q)r,)priate s0d~,d orders shall I~ deemed lo '1~ re forencca to the comparable s~ons.f H~is Oah.r. ~):c. 401. The Gpner~d Servi~'ea Admini~(ration shall lake approp~. wit)~, tha provisions of this Order ~nd of l.h~ nd~ and n~g~lations llu~ oecretary of S~:. 405. This O~er shall ~me aff~ti~e thigy d~ys ~f~r tho' ;ht~ of this Order. Tnz W~ I[o~se, I,r~ B. COORDINATION BY..~'v'~>~s~¥. ,. _.._. ~_ GENERAL E×.cutlve Order 11247 [30 F.IL 12327} ]'.NFI:[:CI~M~'~NT OF I ITT.E VI o:-' Till,; CIvI/, ]{l¢lllq~ ACTI' (IF (,}{r~ 'Whvr,..~ Ih,. l),.i,:td mvnt-; and n~em'ics of Ihc I~'edvr:d (hwerm~ent. ]~rv.hh,nl's ('o.l.:il <m J'~qu:ll ()pl.~r/unily, }rove vml,Lrkcd on :L c.,.',ih,:ded /~rogram c:f enfop-emvnl of die provisions of flint. Title; h,, t,'laW, I il) i.,I;,'ial CJI f~Jl'Ciqlh'lll :and Whvrva~ file Alh)rnev GrJwral is fhe (:hi(,~ law ollh'(.r of (he Federal (;o~vrJm..nt :m,i is cll:~r~ed ~itll the (hily of enf,~r('.in~ thc laws Now, th0rvfoa.,I)y virhm of the aulhorlty ve~fed in mc as President of the I:nilod Si:tles hy fhc Constit.tion ami laws of th6 States, it is ordvred a~ f,,I S~*ri,,N 1. The Allml,'v. (;eneral sh:dl a~ist Fvdvr:d ami ag.,,civ~ h, ,..,r, limde Iheir w,,~rams and :u'tivil~s :md to tho eliforcmnelfl of 'l'idv VI .f Ihfi Civil l{igh(s Act iff 19iH. ' J';:lcJl J"v~h.r:iJ ,h'll:tlhn('lit, :mil a~ell(W shMI COOl..rah~ with . ' .... J llt'y (JVlWl'al iii tho IJt. rfOl'lllallCC o{ ills f, nctions ilntJ(~r this (}ah.r ami shall furnish }~iln &llch repo~s and infornmtlon Ils Il0 may ~quest. S}~:. 3. Effective 30 ,hg.s fi'mn Iho da(c of lifts Ord~r, I';xeeutivo Order No. Il 197 of ],'ebruary 5, 19(;5, is rovoked. S,ch nv:ords of the en fln-,.vmvnt ,ff T tlc VI .f Ihe Civil Ri~h~'~[ct or 19(;1 sh:tll Im tran'~- fcr~.d lo t he Ai(t}rm~y ( h.m.raJ. N*~c. I. All niles, re&relations orde~ insbq]ctions dt~qign~ttion~ and otlwr ,lire~'lH',s i~s,e~ bv the Ihvsidvnf's (~,uncil on IG ,al Oppnr- tnnity ,~.]atin~ ~o the im~A~.menfa, tion of Ti(lc VI of the Civil Rights Act of 19d.I shall I'vlllalll iii fulJ force and effect unless :Hid until revoked or supe~eded I,y directives of lbo ALlorncy (]mwr:tl. TII× IVIII~; EQUAL OPPORTUNITY BID CONDITIONS FOR FEDERAL AND FEDERALLY ASSISTED CONSTRUCT lOIN CD-9 DEPARTMENT OF LABOR Office of Federal Contract Compliance Programs NEW FORMAT FOR FEDERAL EQLJAL EMPLOYMENT OPPORTUNITY BID CONDITIONS FOR FEDERAL AND FEDERALLY ASSISTI:D CONSTRUCTION NOTICE OnAprll 3, 1975, there was published in the FEDERAL REGISTER (40 FR 14953) a notice and opportunity for comment concernlng the intention of the Department of Labor toacbpt New Model Federal EEO Bid Conditions for inclusion in Federal and federally assisted construction contracts and subcontracts in selected areas. The following Model Federal~E~O Bid Conditions are issued to carry out the purposes of Executive Order 11246~ as amended. The Model Federal EEO Bid Conditions reflect changes which were made as a result of comments received on the proposed Model Federal EEO Bid Conditions. The comments received were equally distributed between those favorable and unfavorable. In general those favorable felt that deletion of the Bidders' Certification will eliminate undue and costly delays resulting from contractors and subcon- tractors being declared nonresponsive because of their failure to fill in a form correctly. Those opposed to elimination of the Bidders' Certification felt that a pre-award certifi- cation is essential in establishing the contractors' and subcontractors' commitment to afflr- mative action. The Department has carefully considered all the comments and has determined that the format developed in the new Model Federal EEO Bid Conditions adequately apprises pro- specltve contractors and subcontractors~ prior to bid opening, of the importance of the Federal affirmative action requirements and is compatible ~vlth procurement principles. Under Comptroller General opinions and the decisions in Northeast Construction Company Vo Romneyt 485 Fo 2d 752 (D.C. Cir. 1973) and Rossetti Contracting Company v. Brennant 508 F. 2d 1039 (7th Cir. 1975), the failure of a bidder to specify its goals for minority employment as required by imposed plans or the failure of a bidder to complete and submit a Bidder~ Certification form as required by the Bid Conditions in hometown plan areas requires the contracting agency to declare the bid non-responsive. This has caused the loss of hundreds of thousands of dollars because defective Iow bids were discarded in favor of the new Iow bid. The original reason for requiring the submission of a properly executed Bidders' Certifi- cation was that it was thought to be helpful in informing contractors of their obligations and eliminated inattentive bidders. However, it is now an opinion that contractors are rea- sonably aware of their EEO obligations so as to obviate the need for certification. Therefore, the amendment of the Bid Conditions would climinate the ;;ignature and Fill-ln-the-blank requirements. Instead~ the Federal EEO Bid Conditions clearly notify prospective bidders CD-10 that they will be committed to the goals contained therein by submitting a properly signed bid. This amendment does not diminish the goverment's enforcement ability or applicable EEO requirements yet permits contracting agencies to award contracts to the lowest responsive and responsible bidder. It is for this reason that the new Model Federal EEO Bid Conditions make the af- flrmatlve action requirements binding on all bidders who submff signed bids. Accordingly, effective September 1, 1976, all contracting and admini~tering agencies are directed to adopt the new Model. Federal EEO Bid Conditions for inclusion in all future invitations for bids on all non-exempt Federal and federally assisted construction contracts and subcontracts awarded in areas covered by hometown plans (Part I) and Part II EEO requirements. Further, all other forms of Federal EEO Bid Conditions containing hometown plans and Part II EEO Bid Condition requirements now in use for such areas are not to be in- cluded in Invitations for Bid afl'er adoption of the new Model Federal EEO Bid Con- ditions. This new format has been coordinated through the Office of Federal Procurement Policy of the Office of Management and Budget in accordance with P.L. 93-400, the Office of Federal Procurement Policy Act. Set Forth below are the new Model Federal EEO Bid Conditi'ons: CD-11 BID CONDITIONS AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY For all Non-Exempt Federal and Federally- Assisted Construction Contracts to be A~varded in (NASSAU AND SUFFOLK COUNTIES, !NEW YORK) NOTICE EACH BIDDER, CONTRACTOR OR SUBCONTRACTOR (HEREINAFTER THE CON- TRACTOR) MUST FULLY COMPLY WITH EITHER PART I OR PART II, AS APPLICABLE, OF THESE BID CONDITIONS AS TO EACH CONSTRUCTION TRADE IT INTENDS TO USE ON THIS CONSTRUCTION CONTRACT AND ALL OTHER CONSTRUCTION WORK (BOTH FEDERAL AND NON-FEDERAL) IN THE NASSAU .- SUFFOLK AREA DURING THE PERFORMANCE OF THIS CONTRACT OR SUBCONTRACT. THE CONTRACTOR COMMITS ITSELF TO THE GOALS FOR MINORITY MANPOWER UTILIZATION IN EITHER PART I OR PART 11, AS APPLICABLE, AND ALL OTHER REQUIREMENTS, TERMS AND CONDITIONS OF THESE BID CONDITIONS BY SUBMITTING A PRO- PERLY SIGNED BID. THE CONTRACTOR SHALL APPOINT A COMPANY EXECUTIVE TO ASSUME THE RESPONSIBILITY FOR THE IMPLEMENTATION OF THE REQUIREMENTS, TERMS AND CONDITIONS OF THESE BID CONDITIONS. Part h The provisions of this Part I apply to contractors which are party to collective bargaining agreements with labor organizations which together have agreed to the NASSAU - SUFFOLK Area Construction Program (hereinafter the NASSAU - SUFFOLK Plan) for equal opportunity and have jointly made a commitment to spec[fic goals o£ minority and, where applicable, female ut[lizatbn. The NASSAU - SUFFOLK Plan is a tripartite voluntary agreement between (CONTRACTORS, UNIONS, & MINORITY COM- MUNITIES). The NASSAU-SUFFOLK Plan, together with all implementing agreements that have been and may hereafter be developed pursuant thereto, are incorporated herein by reference. Any contractor using one or more trades of construction employees must comply with either Part I or Part II of these Bid Conditions as to each such trade. A contractor may CD-12 therefore be in compliance with Part I of these Bid Conditions by its participation with the labor organization which represent its employees in the NASSAU-SUFFOLK Plan as to one trade provided there is set Forth in the NASSAU-SUFFOLK Plan a specific com- mitment by both the contractor and the labor organization to a goal of minority utili- zation For that trade. Contractors using trades which are not covered by Part I (See Part II, Section A) must comply with the commitments contained in Part II including goals For minorJtles and Female utilization set forth in Part II. IF a contractor does not comply with the requirements of these Bid Condlflons, it shall be subject to the provisions of Part II. Part II: A. Coverage. The provisions of this Part II shall be applicable to those contractors who: 1. Are not or hereafter cease to be signatories to the NASSAU-SUFFOLK Plan incorporated by reference in Part I hereof; 2. Are signatories to the NASSAU-SUFFOLK Plan but are parties to collective bargalnJng agreements; 3. Are signatories to the NASSAU-SUFFOLK Plan but are parties to collective bargalnlng agreements with labor organizations which are not or hereafter cease to be slgnaforles to the NASSAU-SUFFOLK Plan' 4. Are signatories to the NASSAU-SUFFOLK Plan and are parties to collective bargaining agreements with labor organizations but the two have not jointly executed a specific commitment to goals For minority utilization and i~ncorporated the commit- ment in the NASSAU-SUFFOLK Plan;: or 5. Are participating in a affirmative action plan which is no longer acceptable to the Director~ OFCCP, including the NASSAU-SUFFOLK Plan. 6. Are signatories to the NASSAU-SUFFOLK Plan but are parties to collective bargaining agreements with labor organizations which together have failed to make a good faith effort to comply with their obligations under the NASSAU-SUFFOLK Plan and, as a result! have been placed under Part II of the Bid Conditions by the Office of Federal Contract Compliance Programs. CD-13 B. Requirement -- An Affirmative Action Plan. Contractors described in para- graphs 1 through 6 above shall be subject to the provisions and requirements of Part II of these Bid CondltJons including the goals and timetables for mlnorityl/ utiliza- tion, and specific affirmative action steps set forth in Sections B.1 and 2 of this Part II. The contractor's commitment to the goals for minority utilization as required by this Part II constitutes a commitment that it will make every good faith effort to m~et such goals. 1. Goals and Timetables. The goals of minority utiHzation required of the con- tractor are applicable to each trade used by the contractor in the NASSAU-SUFFOLK Plan area and which is not otherwise bound by the provisions of Part h For all such trades the following goals and timetables shall be applicable. Goals for Minority Utilization Until (1/I/74) (6.0% - 8.0%) ( ) From ( ) to ( ) ( ) From ( ) to ( ) ( ) From ( ) to ( ) ( ) From ( ) to ( ) ( ) 2/ The goals of minority and female utilization above are expressed in terms of hours of training and employment as a proportion of the total number of hours to be worked by the contractor's aggregate work forcer which includes all supervisory personnel, in each trade on all projects (both Federal and non-Federal) in the NASSAU-SUFFOLK Plan area during the performance of ifs contract (i.e., the period beginning with the first day of work on the Federal or federally assisted construction contract and ending with the last day of work). The hours of minority employment and training must be substantially uniform throughout the length of the contract in each trade and minorities must be employed evenly on each of the contractor's projects. Therefore, the transfer of minority employees or trainees 1._/ "Minority" is defined as including Blacksr Spanish Surnamed Americans, Orientals and American Indians, and includes both m[norlty men and minority women. 2._/ In the event that any work which is subject to these Bid Conditions is per- Formed in a year later than the latest year for which ~qoals of minority utilization have been established, the goals for the last year of the Bid Conditions will be applicable to such work. CD-14 from contractor fo confrocfor or from project-to-project for the purpose of meeting the contractor's goals shall be a violation of Part II of these Bid Conditions. IF the contractor counts the nonworklng hours of trainees and apprenflces in meeting t~e contractor's goals, such fralnees and apprentices must be employed by the contractor during the training period; the contractor must have make a comm|fment fo employ the fralnees and apprenflces at the comp]etlon of their fralnlng subject to the availability of employment opportunities; and the fralnees must be fralned pursuant fo training pro- grams approved by the Bureau of Apprenticeship and Training for "Federal Purposes" or approved as supplementing the NASSAU-SUFFOLK Plan. 2. Specific Affirmative Action Steps. No contractor shall be found to be in noncompliance with Executive Order 1'1246, as amended, solely on account of its failure to meet its goals, but shall be given an opportunity to demonstrate that the contractor has instituted alt the specific affirmative action steps specified in this Part II and has made every good faith effort to make these steps workfoward the attainment of its goals within the timetables, all to the purpose of expanding minority utilization in its ag- gregate work Force in the NASSAU-SUFFOLK Plan area. A contractor subject to Part I which fails to comply with its obligations under the Equal Opportunity clause of its contract (including Failure to meet ifs fair share obligation if provided in the NASSAU- SUFFOLK Plan)or subiect to Part II which Fails to achieve its commitments to the goals Far minority utilization has the burden of proving that it has engaged in a affirmative action program directed at increasing minority utilization and that such efforts were at least as extensive and as specific as the following: a. The contractor should have notified minority organizations when employ- ment opportunities were available and should have maintained records of the organizatlons~ response. b. The contractor should have maintained a file of the names and addresses of each minority referred to it by any individual or organization and what action was taken with respect to each such referred indlvldualf and if the i!ndlvldual was not employed by the contractor the reasons therefor. If such individual was sent to the union hiring hall For referral and not referred back by the union or if referred, not employed by the contractor, the file should have documented this and the reasons therefor. c. The contractor should have promptly notified the contracting or admin- istering agency and ~'he OFfice of Federal Contract Compliance Programs when the union o~r unions with which the contractor has collective bargaining agreements did not refer to the contractor a minority sent by the contraci'or or when the coni'ractor had other infor- mation that the union referral process has impeded efforts to meet its goals. CD-15 d. The contractor should have disseminated its EEC) policy within its organization by including it in any employee handbook or policy manu,al; by publicizing it in com- pany newspapers and annual reports, and by advertising sach policy at reasonable intervals in union publications. The EEO policy should be further disseminated by conducting staff meetings to explain and discuss the policy; by posting of the policy; and by review of the policy with minority employees. e. The contractor should have disseminated ifs EEC) policy externally by informing and discussing it with all recruitment sources; by advertising in news media~ specifi- cally ~ncludlng minority news media and by notifying and discussing it with all subcon- tractors. f. The contractor should have made both specific ,and reasonably recurrent written and oral recruitment efforts, Such efforts should have been directed at minority organ- izatJons~ schools with substantial minority enrollment, and minority recruffment and training organizations within the contractor's recruitment area. g. The contractor should have evidence available for inspection that all tests and other selection techniques used to select from among candlates for hire,, transfer, promo- tion, training or retention are being used in a manner that does not violate the OFCCP Testing Guidelines in 41 CFR Part 60-3. h, The contractor where reasonable should have developed on-the-job training opportunities and participated and assisted in all Department of Labor funded and/or approved training programs relevant to the contractor's employee needs consistent with its obligations under this Part II. i. The contractor should have made sure that seniority practices and job class- ificatlons do not have a discriminatory effect. j. The contractor should have made certlan that all facilities were not segregated by race. k. The contractor should have continually monitored all personnel activities to ensure that its EEO policy was being carried out including the evaluation of minority employees for promotional opportunities on quarterly basis and the encouragement of such employees to seek those opportunities. I. The contractor should have solicited bids for subcontractors from available minority subcontracts engaged in the trades covered by these Bid Conditions, [ncludlng circulation of minority contractor associations. NOTE: The Assistant Regional Administrator of the Office of Federal Contract Comp---~a~ce Programs and the compliance agency staff will provide technical assistance on questions pertaining to minority recruitment sources, minority community organizations and minority news media upon receipt of a request for assistance from a contractor. CD-16 3. Subsequent Signatory to the NASSAU-SUFFOLK Plan. Contractors that are subject to the requirements of Part II at the time of the submission of their bids which, together with labor organizations with which they have collective bargaining agreements, subsequently become signatory to the NASSAU-SUFFOLK Plan, either individually or through an association, will be deemed bound to their commitments to the NASSAU- SUFFOLK Plan from that time until and unless they once again become subject to the requirements of Part 11 pursuant to Section A. 1-6. 4. Non-discrimination. In no event may a contractor utilize the goals and affirmative action steps required by this Part II in such a manner as to cause or result in discrimination against any person on account of race, color, religion, sex or national orlgin. Part III: Co_mj~liance and Enforcement. In all cases, the compliance of a contractor will be determined in accordance with its obligations under the terms of these Bid Conditions. Therefore, contractors who are governed by the provisions of either Part I or Part II shall be subject to the requirements of that Part regardless of the obligations of its prime contractor or lower tier subcontractors. All contractors performing or to perform work on projects subject to these Bid Con- ditions hereby agree to inform their sobcontractors in writing of their respective obliga- tions under the terms and requirements of these Bid Conditions, including the provisions relating to goals of m~nority employment and training. A. Contractors Subject to Part I. 1. A contractor covered by Part I of these Bid Conditions shall be in compliance with Executive Order 11246, as amended, the implementing regulations and its obligations under Part I~ provided the contractor together with the labor arganlzation or organizations with which it has a collective bargaining agreement meet the goals for minority utiliza- tion to which they committed themselves solely responsible for any final determination of that question and the consequences thereof. 3. Where OFCCP Finds that a contractor has failed to comply with the requirements of the NASSAU-SUFFOLK Plan and its obligations under Part I of these Bid Conditions, it shall take such action and/or impose such sanctions as may be appropriate under the Executive Order and its regulations. When the OFCCP proceeds with such Formal action it has the burden of proving that the contractor has not met requirements of these Bid Conditions. The failure of the contractor to comply with its obligations under the Equal Opportunity clause shall shift to it the requirement to come forward with evidence to show that it has met the good faith requirements, of these Bid ConditionsTbY instituting at least the specific affirmative action steps listed m Part II, Seclqon 2. he contractor must also provide evidence of its steps toward the attainment ot: its trade's goals within the timetables set forth in the NASSAU-SUFFOLK Plan. The pendency of such formal CD-17 proceedings shall be taken into consideration by Federal agencies in determining whether such contractor can comply with the requirements oF Executive Order 11246, as amended, as is theret:ore a "responsible prospective contractor" within the meaning of basic principles of Fedeal procurement law. B. Contractors Subject to Part II . In regard to Part II of these Bid Conditions, if the contractor meets the goals in the NASSAU-SUFFOLK Plan, or can demonstrate that every good faith effort has been make to meet the goal. In that event, no Formal sanctions or proceedings leading toward sanctions shall be instituted unless the OFFice of Federal Contract Compliance Programs determines that the contractor has violated a substantial requirement in the NASSAU-SUFFOLK Plan or Executive Order 11246, as amended, and its implementing regulations, including the failure of such contractor to make a good Faith effort to meet its fair share obl~gatlon if provided in the NASSAU- SUFFOLK Plan or has engaged in unlawful discrimination. Such violations shall be deemed to be noncompliance with the Equal Opportunity clause of the contract, and shall be grounds for opposition of the scantlons and pena!lties for in Executive Order 11246, as amended. 2. The OFCCP shall review Part I contractors' employment practices during the performance of the contract. Further, OFCCP shall be solely responsible For any final determination that the NASSAU-SUFFOLK Plan is no longer an acceptable af- flrmative action program and the consequences thereof. The OFCCP may, upon re- view and notice to the contractor and any affected labor organization, determine that the NASSAU-SUFFOLK Plan no longer represents effective affirmative action. In that event it shall be set forth therein or can demonstrate that it has made every good faith effort to meet these goals, the contractor shall be presumed to be in com- pliance with Executive Order 11246, as amended, the implementing regulations and its obligations under Part II of these Bid Conditions. In tha~ event, no Formal sanctions or proceedings leading toward sanctions shall be instituted unless the contracting or administering agency otherwise determines that the contractor is violating the Equal Opportunity clause. Where the agency Finds that the contractor failed to comply with the require- ments of' Executive Order 11246, as amended, the implementing regulations and the obligations under Part II of these Bid Conditions, the agency shall take such action and impose such sanctlonst which include suspension, termination, cancellation, and debarment, as may be appropriate under the Executive Order and its regulations. When the agency proceeds wffh such formal action it has the burden of proving that the contractor has not met the ~oals contained in Part II of these Bid Conditions. The contractor's failure to meet its goals shall shift to it the requirement to come forward with evidence to show that it has met the good fa[th requirements of these Bid Conditions by instituting a~ least the specific affirmative action steps listed in Part II, Sect[on 2. The pendency of such proceeding shall be taken into consideration by Federal agencies in determlningwhether such contractor can comply with the requirements of Executive Order 11246, as amended, and is therefore a "Respon- sible prospective contractor" within the meaning of the basic principles of Federal procurement law. CD-18 C. Obligations Applicable to Contractors Subject to Either Part I or Part II. It shall be no excuse that the union with which the contractor has a collective bar- gaining agreement providing For exclusive referral Failed to refer mJnorlty employees. Discrimination in referral for employment, even if pursuant to provisions of a collective bargaining agreement,is prohibited by the National Labor Relations Act, as amended, a~ Title VII of the Civil Rights Act of 1964, as amended. It is the policy of the Office of Federal Contract Compliance Programs that contractors have a responsibility to provide equal employment opportunity jf they wish to participate in federally in- volved contracts, To the extent they have delegated the responslbilJty For some of their employment practices to a labor organization and, as a result, are prevented from meeting theJr obligations pursuant to Executive Order 11246, as amended, such contractors cannot be considered to be in compliance with Executive Order 11246, as amended, its implementing rules and regulations. Part IV: General Requ]rements. Contractors are responslble for informing their subcontractor~n writing, regardless of tier, as to their respective obligations under Parts I and II hereof, as applicable. Whenever a contractor subcontracts a portion of work in any trade covered by these Bid Conditions, it shall include these Bid Conditions in such subcontracts and each subcontractor shall be bound by these Bid Conditions to the Full extent as if it were the prime contractor. The contractor shall not, however, be held accountable For the failure of its subcontractors to fulfill their obligations under these Bid Conditions. However, the prime contractor shall give notice fo the Assistant Regional Administrator of the Office of Federal Contract Compliance Programs of the Department of Labor and to the contracting or administering agency of any refusal or failure of any subcontractor to fulfill its obligations under these Bid Conditions. A subcontractor's Failure to comply will be treated in the same manner as such Failure by a prime contractor. 2. Contractors hereby agree to refrain From entering inta any contract or con- tract modification subject to Executive Order 11246, as arnended, with a contractor debarred from, or who is determined not to be a "responsible" bidder for Government contracts and Federally-assisted construction contracts pursuant to the Executive Order. 3. The contractor shall carry out such sanctions and penalties For violation of these Bid Conditions and the Equal Opportunity clause including suspension, termination and cancellation of existing subcontracts and department From future contracts as may be imposed or ordered pursuant of Executive Order 11246, as amended, and its implementing regulations by the contracting or administering agency and the OFfice of Federal Contract Compliance Programs. Any contractor who Fails to carry out such sanctions and penalltes shall also be deemed to be in noncomplicane with these Bid Conditions and Executive Order 11246, as amended. 4. Nothing herein is intended to relieve any contractor during the term of its contract From compliance with Executive Order 11246, as amended, and the Equal Opportunity clause of its contract with respect to matters not covered in the NASSAU- SUFFOLK Plan or in Part II of these Bid Conditions. CD-19 The procedures set forth in these Bid Conditions shall not apply to any contract which the head of the contracting or administering agency determines is essential to the national securffy and its award without fallowing such procedures is necessary to the national security. Upon making such a determination, the agency head will notify~ in writing, the Director of the Office of Federal Contract Compliance Programs within thirty days. 6. Requests for exemptions from these Bid Conditions must be made, in writing, with justification, to the Director, Office of Federal Contract Compliance Programs, U.S. Department of Labor, Washington, D.C. 20210f and shall be forwarded through and with the endorsement of the head of the contracting or administering agency. 7. Contractors must keep such records and file such, reports relating to the provisions of these Bid Conditions as shall be required by the contracting or admln- istedng agency or the Office of Federal Contract Compliance Programs. CD-20 MA~0--2045 Page 14 VERS Panel trucks truck Helpers bed Qhen assigned Forklift operators equipment under 35 tons other ~dt Vachual, Mechanics, Paving the classifications listed may be added afl r (~9 c~a 5,5 (a) (~) (~)). 14.00 .?5 l. O0 9.84 1.21 1.50 9.99 t 1.21 1.50 11.83 1.32 1.50 PAID HOLIDAYS: ~L-~c?;~--~ay; C-Memorial Day; C-Independence Day; D-Labor Day; E-'~hanks~iving Day; F-Christmas Day. j. P~id Eoliday: ½ day's pay for Labor Day. 9.30 I ~/.7) ~ .25 2.00 a .15 22~.655 8% .25 2.00 a 12.255 S% .25 2.00 a .1~ 11.355 ~ .25 2.00 a I .15 I of 10 7d~. or over) 12.28 /2.65 8%+.p5 a ~15 L~SBESTOS ¥IORKERS i 14.76 .90 1.50 .02 ' 13'80. - . '55 1.25 , 13.65 .55 1.57 .02 , REPORTS, RECORDS DATA Following Forms must be completed by the Contractor: 1) 2) 3) 4) 5) Form 257 - Monthly Utillzafilo. Report HUD 1421 - Contractors Cerl'JficoHon HUD 1422 - Sub-Contractors CerfificaHon WH-347 - Weekly Payroll ReporHng Form Contractors Statement of Compllance CD-25 ~e Contr~cto~. and each aubc~t~,cto~ ~k~l p~par~ his p~lls on ferns s ~ . ati.~f~to~ to ~nd Jn ~coz~mce with ~nntr~c~io~ to be ,~u.~cy or ~blmc ~dy. T'ne Contractor ~1 n~b~t weehly to the ~c~ ~b].ic l~g~ncy or lh~blic ~ two ce~oiflod copies of ~l p~lIs of the Contracto:: ~d of the m~bcon- tr~oto~s, it be~F ~demstood t~t th~ Contractor sb~l be z~soonsible for the ~b~ssion of cooies of p~lls of ~l m~bcontractors] Each ~oh p~oll s)~l conta~ the "¥1eekly Statement of Co.lilacs" sot fo~h Lu Section 3.3 of Title 29, Code of Yc[~eral Regulations. . ~lls ~d basic p~oll records of the Cont~mtor and each ~bcon- t~ctor coverJ~ ~l ]_aborts aud m~cb~uics e~:oloyod upon the wo~k covo~d by t~s Co ..... c~ s~l be ~tnn~oa au:~ the course of the work em~d p~se:r~ed for a period of 3 ye~s tho:;ee~fter, ~.ch p~lls ond bo.cio p~oll racords r:i~,ll cont~u the r~e znd ~:0~:~ss of each saoh e::ployee, ~s co~ct classification, rate of pay (Luclu~mg rates of contributions or costs ~uttcio~.ted of tho t:~es described Ln Section ded~ctions ~de, ~:d actt~ w~s paid. In addition, whenever the Sec~ta~ of ~bor ]~ f~d ~der Section 5.5(a)(~)[iv) of Title 29, Code of Feder~ Re~ations, that tbs wsges of ~, l~.bo~r or mech~c ~'~clude the ~o~t of a~v costs rea, somtbly ~ticipated benefits under a p~ or pro~.~m described in Section ~(b)'[2)(B) of the Davle-B~con Act, the Contractor or ~tbcontractor s~ll ~t~ recor~ ~ch show t~t the co:~itm~nt to p~vi~e such benefits is enforceable, t~t the plan or p~ is f~ci~ly ~sponsible, ~d t~t the pl~ or p~ h~ been c~cated ~ ~*ith6 to the l~oorers or mecI~ics ~fectod, and ~co~s which show the costs ~tioipat~ o: the act~ oo~t hctt~ad h p~vi~Ug :u~h benefits. The Contractor ~d e~ch ~boontz;~ctor s!~l r~;e ~s employment ~co~s wi~h z~spogt to pergons employed by hLu upon the worh covo~d by this ~ont:~ot ~V~labl~ for ~ection by authorlzea rop~sentatiwm of th~ ~rbem Dove].cpz~nt, the ~c~ hblio A~ncy or ~.blic ~, and the United States ~p~tm~nt of Labor. ~ch ~o~gent~tiveg ~:h~l be permitted to ht~r~,iew c:plo~-ees of the Contracto~ o~ of wo:k~ ho~ on the job.. CD-26 NYAO,/FHEO OMB Approval No. 44-R1396 Reporting Period STANDARD FORM - 257 MONTHLY EMPLOYMENT (Month. Year) (Aug. 1976) UTILIZATION REPORT As prescribed by the Dept. of Labor (OFCCP) (See reverse for instructions) ~his report is required by Executive Order 11246, Section 203, Failure to report can result in sanctions which include suspension, termination, cancellations or debarment of ~ontract. To: (Name smd location of Compliance Agency) From: (Name and location of contractor) Earle Fisher, Contract Compliance Officer FHEO Divia ~on Dept. of Housing & Urban Development 26 Federal Plaza, 34th Floor Name & Address of Project: New York, N.Y. 10007 2. 5.' 4. % 5. 6, 1 . arno- Total Work Hours of Employment (See footnote) rlty of of Classl~ a. b. * c. ~ I d. , e. * : .., w/h of minortt Employ. C Ap Ir C Ap Tr C Ap Tr C Ap C Ap Tr C Ap Tr C Ap Tr C Tr C Tr Ao Tr (* Makes & Females Minorities & non-minorities) CD-27 Page __ of INSTRUCTIONS FOR FILING EMPLOYMENT UTILIZATION REPORT (SF-257) The Employment Utilization Report is to be completed by each subject contractor (both prime and subcontractors) and signed by a responsible official of the company. The reports are to be filed on the day required, each month, during the term of the contract, and they shall include the total work-hours worked for each employee level in each designated trade for the entire reporting period. The prime contractor shall submit a report for its aggregate work force and shall collect and submit reports for each subcontractor's aggregate work force to the Federal Compliance Agency that is funding their construction pzoject. Reporting Period Self-explanatory Compliance Agency U. S. Government contracting or adminis- tering agency responsible for equai employ- ment opportunity on the project. Any contractor who has a construction con- tract with the O .... Government or ap~iiaant (See OFCCP Regs. 60-1.3). 1. Company's Name . . Any contractor or S. ubcontractor who has a federally involved contract. 2. Trade . . Only those crafts covered under applicable Federal EEO bid conditions. 3. Work-hours of Employment . . . The total number of hours worked by all employees in each classification; the total number of hours worked by each .,-+minority group in each classification and the total work-hours for all women. Classification . The level of accomplishment or status of the worker in the trade. (C = Craftworker - Qualified, Ap = Apprentice, Tr = Trainee) 4. Percent of minority work- hours of total work-hours The perce~tage of total m~nnrlty work-hot!rs worked of all work-hours worked. (The sum of columns b, c, d and e divided by column a.) 5. Total Number of minority employee~ ...... Number of minority employees working in contractor's aggregate work force during reporting period. 6. Total Number of Employees . . Number of all employees working in con- tractor's aggregate work force during reporting period. * Minority is defined as including Blacks, Hispanics, American Indians and Asian and Pacific Islanders - both men an,I women. C C D.-28 U,S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT' PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS The undersigned, having executed a contract with for the construction of the above-identified project, acknowledges that: (a) The Labor Standards provisions are included in the aforesaid contract; (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility; 2. Ne certifies that: Neither he nor any firm, partnership o: association in which he has substantial interest is designated as an ineligible contractor by the ComptroLler General of the United Staten pursuant to Section S.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 C£R. Part $)or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.$.C. 276~-2(a)). (b) No part of the aforementioned contract has been or will be subcontracted to any suhconuactor if such sub- contractor ot any firm, corporation, partnership or association in which such subcontractor has a substantial interest ia designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certification Concerning Labor Standards and Prevailing ~¥age Requirements executed by the subcontractors. 4. Ne certifies that: (a) The legal name and the business address of the undersigned are: (b) The undersigned is: (c) The nome, title and address of the owner, partners or officers of the undersigned are: C'{) -29 The names and addresses of all other persons, both natural and corporate, having a substantial interest in the undersigned, and the nature of the interest are (/'[ ~o~e, so s~rJ: The ~ames, addresses and trade classifications of all other bu;ld~ng construction contractors i'n which the undersigned bas 8y WARNING CD-30 U.S. DEPARTMENT OF HOUSING ,~ND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT '~LOCK GRAN'r PROGRAM SU BCONTRACTOR'S CERTIFICA'rlON CONCERNING LABOR STANDARDS ANg PREVAILING WAGE REQUIREMENTS TO ~ IFproprmte Recipient J: c/o 1. The undersiEned, having executed a contract with for [lYatute ag ~ork} in the amount of $ in the construction of the above-identified project, certifies that: (a) The Labor Standards Provisions of The Contract For Construction are included in the aforesaid contract. · (b) Neither he nor an), firm, corporation, partnership or association in which he has a substantial interest is designated as an ineligible contractor by the Comptroller General of th~ United $~ate~ pursuant toSet"tion 5.6(b) of the Regulations of the Secreta~' of Labor, Part 5 (29 CFR, Part $), or pursuant to Section 3(a) of the Davis- Bacon Act, as amended (40 U.$.¢~ 276a-2(a)). (c) 'No part of the aforementioned contract has been or [vill be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to the aforesaid regulatory or s{atutoty provisions. 2. He agrees to Obtain and forward to the contractor, for transmittal to the recipient, within ten days after the execution of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Require- meats, executed by the lower tier subcontractor, in duplicate. (a) The workmen will report for duty on or about 3. He certiJies tint: (a) 'The legal nome and the business address DJ the undersigned ore: (b) 3'he undersigned iS: (c) The nome, 'title and address of the owner, partners or o[licers nf Ihe undersigned are: .CD-31 (d) The na.'r,,:s and addresses of o11 other persons, both natural ~nc[ corporale, having a substantial interest in the undersigned, and Ihe nature of the interest arelkfno,~¢, so s'~u~e): (el The names, addresses and trade classifications of all other building construction contractors in which the undersigned has o substantial interest are ?l[nonc. so NAME ADDRESS T tq AD E CLASSIFICATION lSi~na~ure) (T~ped ?,'amc and WARNING CD-32 PAYROLL {For Con~ractor's Optional Use; See Instruct;on, Form WH - 347 Inst.) That: (I) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROG RA ,%iS (c) EXC EPTION8 EXCEPTION (C~AFI] EXPLANATION U.S. DEPARTME!~II' OF LADOR WAGE AND HOUI~ DIVISION IHSII~UCIIOI~S [OR COMPLETING PAYROLL FOR~,t, ~11-341 Project No: Location: STA~ OF COI~IJ_~;CE Training, L~..plo).~ent, end Contractin~ O~pcrt~nitie~ for Businesses an-d Lower incon~e Person~ Aw The project assisted ~uder t~:s (~=~n-~ni.~l~e_._-_,_ut) is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, !2 U.S.C. 17Olu. Section 3 recuires that to the greatest extent feasible opportunities for training-s.ud e~m~loym, ent be given lower income residents of the otc jeer area and con,rat:t4 for work in cor~uection %rith the project be a.~_~lded to business concerns which are located Ln or owned in zuhsiantial p~rt by persons residing in~ the ~r~a of the project. Not%~thstandin~ any other provision of this (contrzct)(azreement), the (applicant) (re c~ o~ ont - -.-. ) shall carry out the provisions of said section 3 and the regulations issued otu-suznt thereto by tb, e Secretary set forth in 24 C~-%R Part 135 (pub~.s..%e mn 38 Federal R~g_st.. 29220, October 23, 197~), and all applicable rules and order of the Secretary issued the. etu,d.. to the execution of this (~o..~r-ot)(~=reemen~). The recuir=_-.,ents of said regulations include but are not l_m.t~_ to develooment ~nd ~=nlen~u~at!on of an cfr ....... ~e action =-"--u for -+'~'~-:'-~= ~.,~-',~ -, ,.. ,~-,.~ .... or o'~ed in substanZi=l =~r~ c· persons residing in *~= are~ of the ~:~ m~nang of a good fai~?, effort, as defined bTM th~ reg~latlons, to training, e.~-olo~en~, a_nd' ,=~~ ~ ~, ~ .~' . ou .....~s oo~o_t',~u_~m~s recuired by see:ion incorooration of the sec~-cn ~ clause" specified by Section _~p.~(~/ the regulations in all ~+ ..... co~ .... ~s flor in connection with the ~~ ' The (applicant)(recipien~) certifies a.ud agrees that it is under no con- tractual or other disability ..'~ ' .... cn ',~uld nrevent it from complying with these requirer, ent s. Compliance with the provisions of ~ection 3, the regulations set forth in 24 CFR Part lB5, and all applicable rules and orders of the Secret~ry iscued thereunder prior to approval by the Govern~.ent o~ the aoolication for =his (agreer. ent)(contract), s~ be a condition of the Federal ~ ~ ' s~ccessors ~nd assigns, r ;~ .a._u:~ ~o fulfill these reauirements ~hall "~'= - and asszgns to the sanetzcns soecified by thic (agreement)(contracz), and such sanctions as are specifie~ by 24 C?R Section Company Nm~e:. Ad~ess:. Ol'ficial Signauure ]~'AO-EO'G~4 rcs · - / 6-1&-7~ ' CD-36 '~,'p ec~ / Prin~ea REGULATIONS PROCEDURE FOR PREDETERMINATION OF WAGE RATES UNITED STATUS DEPART'lENT OF LABOB Pa~e 1 of 32 CD-38 6500.3 C Title 29 LABOR 9/75 P~e 2 of 32 CD-39 P~ 3 of 32 CD-40 Page 4 of 12 CD-41 , Pa~i~ 5 cf 32 9/75 CD-42 9,,'75 pac~ 6 of 32 6500.3 ~/bit REGULATIONS PAYMENT AND REPORTING OF WAGES CONTRACTORS ASq) SUBCONTRACTORS ON PUBLIC l~un:r~II~i'g AND PUBLIC WOILK AND ON I~un~DING AND WORK FINA.N'~I~A~ IN w~tOLE OR IN PART BY LOANS ~)R! GRA. NT~ FROM TIIE I[YN1TED STATES  U,NITED STATES DEPARTMENT OF LABOR V~HmC. TON. l~.c ~mm P .aqe 7 of 32 9/75 CD~44 ~S00.3 Title 29--LABOR Subtitle A--O~ce of the Secretsr7 of Labor PART 3--CONTRACTORS AND ~UBCONTRACTORS ON B~ILDI~qG OR PUBLIC~W~)RK FINAnCeD IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE U~I'I~D STA~rES Page 8 of 3~ CD-45 6500.3 ~t Title Labor Subtitle A-*Office of PA~T 3---CONTRACTORS AND SU~CON- TRACTOI~ ON PUBIAC BUIIAI~G OR 0R ~ PART BY ~S OR G~ whole or ia ~ by l~ or ~ ~ the tl~ ~t~y of L~or done on a ~cu~ bufld~ ~ ~rk ~ ~ ~ work" ~cl~s bufldi~ or ~k for ~ ~- (3) P~ 9 of 32 9/75 CD -46 6500.3 -'~..C~: 6 (f) The t~rm '*.ny ~llsled pe~on" includez s ~i~b~ includi~ ~ ~]l or ~- or ~y of ~ ~ d~n~ ~l~h- ~ w~ma~t~ ~1 n~ ~ply ~ ~ in cl~iom h~h~ (b) ~ ~r ~ ~ ~ ~ of ~y publ~ building or ~blic wo~, or t~r or by m au~ ~ ~ ~p~ym of form on the ksck of W'H 347, "psyroll ( For C~n- ~r~ Optional U~)" or on shy fo~ wi~ iden- ~1 wo~. S~ple ~pi~ of ~ ~7 ~d ~n~ or s~ ~y, ~d ~pi~ o~ (e) ~ ~ of ~:m ~n ~all n~ a~lF ~ ~y ~ of ~,~ or 1~ (d) U~ · ~a ~i~: b7 ~M ~ of · F~ ~y, ~ ~ of ~ may p~ ~d ~pO~ ~ ~ ~ui~ of ~h~ ~- ~ ~j~ m ~ch ~i~s ~ ~h~ ~ of ~ rosy ~ity. ~ t~ p~fl~ sad ~oa of ~1 ~ ~liv~ by ~ ~,tn~r or subtl- er, w~in ~ ds~ a~r 0~ ~l~r ~nt bufldi~ or w~ or, if ~ a no ~i~ of s F~I or S~ ~n~ ~ ~ ~of ~ or ~ci~ t~ bail~ or w~k AP~ ~ ~- p~i~ by ~e Un~ S~ ~t of p~e ~ ~y ~ymH ~o~ for · ~ ~ ~ ~ ~I1 ~ ~a ~ ~t ~ly and ~l~y ~ n~e ~ ~ ~ ~ l~- of psy, ~y ~ w~y n~b~ of ~ ~, P~ 10 of 32 CD -47 65C0.3 km~t 6 for imp~ion by ~n~tiv~ of t~ ~ment of ~r. ~on ~ ~ll d~ucflo~ ~r~bie ~out tpp~n to or ~p~l of the ~ d~ ~ ~i~ for i~ju~ r~tty or indirectly., by of the employs. (e) Any ~u~ion Bonds when vcdun~ly (g) Any ~ue~M ~1~ iu~ by file ~pb~ ~or t~ mski~ of ~m~butlo~ Community C~ Un~d ~i~m Fu~ and (~) ~y d~uc~ :o ~y ~lsr uni~ ~nitls- ~ 516.~ (a) o~ thb t~e ~all Paq~ 11 of 32 9/75 CD-48 is no~ ~ condir./o~ either /or the obt*anmg of ~ ~e Ipp~l of ~e ~ of ~ ~ of ~ f~ ~i~ to ~e ~y d~lu~ not W~i~ ~ ~ S.~.~e fili~ ~n d~ ~ make · di~t? ~ ~di~ly f~ ~ d~ucti~ ei~r in the fo~ oi i c~mi~i~ dividen~ (c) ~ d~u~ion is ~ ( 1 ) volun~ly ~in~n{ o~ ~loy~t ~r i~ ~n~ or (d) ~e ~o~ m~ ~ of ~ ~pM~ ~ ~2 A~2o~ for · e ~ ef ~r. (i) ~e ~ppli~tion ~ll ~ in ~ti~ .nd ~sll (b) ~e ippli~i~ n~ n~ iden~ of ~e ippli~t for · ~ of 1 y~r. ~i~ the dl~ of ~e ~ of ~r's ~p- · ny conditions which h~ve ch~mg,~d in mg,~d to the p~yr~ll de~ue~ion~, ~ f~p~iom~m~ ~y, wi~ ~ ~ppli~ of ~y~t ~tll ~ ~ on w~ ~bj~ Pa~e 12 of 32 "ANTI-I/ICY, BACK" ACT, COPELAND ACT TITLE 18, U~.C. § r~4~ Ki*kba*~/,.o~ ~ll* ~.;~ ~'~e* "Whc~r, by force, intimidation, or d~rea~ of pr~urin~ dism~SaSl from ~nploymen~ or by. ~.ny ployed ia the construction, p~mecution, comp)e- tion or repair of ~ny public heilding, 'public work~ or building or work finzueed m whole or in pa~ by lc~nz or gr~nts from the Uni~d m give up *.ny part of the compensation to he is entitled under his cont~'ac~ of ~pinyment, sfinll be fined not more rhea $5,000 or imprisoned ~ 740, eft. Sept. 1, 1948) replaces the § I of th* Cop~l~nd Act of 3une 13, 1934 (48 St.~t. 948), which w~ cedi6ed ~ ~ U.S.L'. prior ~o its repeal by ~2 Stat. 862, eft. ~pt. 1, 194~] TITLE 40, U~.C. (~ buildings or ,*or~ ~nzaced m whole or in by 1~ or gr~nts frora the United Sta~s, replacement by 1~ IL~C~ $7~ ~e~ ou~ abut] shall he observed by th~ze a~,e~cle~ and c~use to "The Secre~ry of L~bor shell m~vs re~o~able be m~de by the Departmemt ~r/ Labor such ~- ~s$,nlst/ons for contr~:u~ and suimontr~.ors ~u. vestig~t:ons, w/th respect to compliance with ~nd ~/n the comzructian, pmsecutinn, completion enforcement of such I&bor standard~ ~s he deems or repair of public buildings, public works or deeir~ble, . . .~ PaGe 13 of 32 9/75 CD -50 REGULATIONS kABOB STANDARDS PROVISIONS DAVIS.BACON Ai'~D RELATED ACTS CONTRACT WORK HOURS ST..kNDAILDS Acr [Tl~is p~btic&tlon conforms to th~ Cod~ of Fedeczl Reg~Je~io~ u UNITED STATES DEPARTMEN'T OF LABOR VFa~e and Hour and ]=~blic C, oa~ac~.~ Di~i~io~ pag~ 14 ~f 32 CD-51 Exl:'d2m.~ $ Title 29--LABOR Subtitle A--Office of the Secretary of Labor PART 5---LABOR ~TANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY FIN.~NCED AND A~- SISTED CONSTRUCi'ION (ALSO LABOR STANDARDS PROVL SIONS APPLICABLE TO NON-CONSTRUCTION CONTRACTS SUBJECT TO THE CONTRACT WORK HOURS STANDA~DS Pa6e 15 of 32 CD -52 , { i 65¢0.3 I~ 16 of 32 9/7~ C D_-'53 6500 C (h) The tsr~n "tmblic lraildi~,g~ or "public work" inclu~s building ~ wor~ ~ ~ion. (i) E~ ~ ,~ ~ · ~n~r or ~- ~n~r ~ any m~ ~r his l~r in ~ p]o~" ~d ~vi~ "~". r~l~ of ~y (k) ~e ~ "w~' (~d ~, ~lar ~) h~ ~e m~g p~ ~ ~ 1 (b) ot ~e 9/75 Page 17 of 32 CD -54 j 6~00.3 j ~hihi t 6 such & g~neral wag~ determination witch, ~ con- he finds ~hs~ the ~pplic~ble ~at'~m~ ~d~ (c) The ~me ~u~ for p~g for w~ d~in~io~ v~ a~mg ~o~d ~cip~ ~ ~ p~ in pamm~ of ~r w~l ~e ~ (~ W~ ~ ~ ~m ~w~ bid o~ ~d ~w~, ~e ~y ly ~ ~, of the Md ~g p~or ~. H~ever, wh~ due ~ ~id~le *~ ~d ~ ~id o~;~g, ~ ~li&~r u~ F~e~ .~acy m M&~du~ ~ ~y ~d ~ ~n ~ of · d~on w~ver he ~ 2 ~,~ ~d pm~ ~ ~ pub~ re- (b) ~1 ~,~o~ ~i~ ~ or ~n~ for wM~ ~e d~n ~ ~1 ~ ~ppli~le ~e~, b~ flora ~i~l by ~ F~I ~cy ~ H~hwxy ~p~ of ~ 10 d~ys ~fom ~ o~g of b~ ~ not ~ eff~ive ~ wh~ ~ F~ ~ncy (~ the ~e S~m Highway ~t of notify bidde~ of the m~i~om S~ly, m~e pmor ~o ~e ~ni~ of ~[on, bu~ Page ~.8 of 32 9/75 C 0-5.5 6500.3 (,) The A~c~ H~:I sh~ll ~uss or ~uir~ in § ~.1, except, cho~ subjec~ only ~ ~he Cont~c~ 9/75 Pa~e 19 of 32 CD -56 6500.3 7 (a) of ~a ~:tiou ~y ~ miv~ by t~ ~[ ~11 ~m~tion for ~ pu~ of lower~g the ~ of con~ion and ~e .~cy Head ~t uud~ i~ U.8.C. Ch. 21, ~ A~cy Head my w~ ~,~ ~ppli~on of =~ U.S.C. 753(~) in ~on of t~ pmj~ v~y don~ ~eir Pa~e 20 of 32 CD -57 6500..% E::~".~:~c 6 {3) o~ pai'ai'mph (e) of ~his ~tion ~ a~m refer 8 p~'~g~ph (&) (3) iii) of tkiz ~ec~i~za. tio~l Ho~ng A~ [he ~e7 H,sad sh~ll e,~se ~ F~I ~' af~r the bes~mmng-of con- 9/75 Pag~ 21 of 32 CD-58 6500.3 ipplic~ble s~l:umt la~ed in § 5.I. In ca~s i9) ~e ~ncy H~ ~ ~ ~ the tm~er ~e~l ~ n~ of t~ ~ or who h~ve ~ fo~d ~ h~ve d~ tMir ~ or ~ (~r ~ ~ ~B~ ~), ~ h~ p~y~ or ~bmn~ ~der ~n 3 (~) Page 22 of 32 CD-59 6500.3 -- .I 10 dec,mort which eh~ll ~ eerved h? mg~et~r~d or ~ u~ ~ obj~ p~ ~d ~ude~ ~of (i) ~ ~ ~, ~pt ~ ~ ~ for p~ appli~ to F~ ~ ~d ~j~ ~ ~ ~i~ ~s ~ for ~ion by ~ ~r of ~r, ~p~y ~u~ ~ ~ inv~on ~ ~ In the l~er c~. the inve~ig~ng ~g~ncy sh~ll submit s f~l sum~ ~ includi~ ~y ~ under ~ ~-8. ~ pm~ in ~m m~ ~e "~v~ ~d Enact M~' pub~ by ~ ~ ~m~ of ~r w~ ~ ~ ~ 9/75 Pa~ 23 of 32 CD-60 Smndzrds Act. the pmv'L~o~s ot t~ Comrl~ Work H~ ~d- sub~ontrla:tor ot liability for such th~ eff~ ~ ~u ~. ~is del~ion ~ou ~ [~on of lun~ ~ ~ e~c of f~lu~ or m~ ot ~ ~or or ~y su~r ~ ~ply ~ in ~ pa~ ~d ~e tpph~ble ~1 ~ch ~ ~ ~ vio~o~ ~ ~d ~ ~ t~ liqui~ ~ ~ d~ (a) ~e AI~ H~ my, ~ t~ ~ ~d ~ sppli~l, ~ ploy~ ~ fo~ ~ b ~, ~ ~ ot ~ U~ S~ for p~u~on Pag~ 24 c~ ~2 CD-61 6500.3 ~ihit 6 Section $.11 Department of Labor invesfi~a- (s) The ~cre~ry of L~bor st~ell marie s~ch .;nves~or~ ~ he by the Head of a~ at.-ency for an &ppropri~ ju.s~nen~ in ]iquid~d dsma~ ~ under plics~Xs or owners ~hzll e. aop~rge with ~ny ~u~ Work H~ $~nd~ A~ w~in ~ m~ ~ymen~ of p~vaili~ w~ ~ or ~ c~- gm~io~ tbs ~ of ~ m~y, u~n ~ition for m~aw of ~ d~i~on by the ~liciwr pl[~ with ~s ~e~ Hmri~ Ex~m~, Uni~ 12 exe. miner% decision then sh~ll be certified b)' cop~es) in suppo~ of his t~etit:on within the d~y p~ried smi say int~ed p~')' ~n ~ h~ng ~iner's d~on ~ ~n time for ~g t~ ~itiou ~r md~w, ~ m b~ef ~ ~p~ of. or m op~tiou ~ the h~i~ ~iuer's d~ision. ~e ~iWr of ~r's ~ou ~1] ~ ~b]~ ~ ~ch ~ review by the All qu~o~ arlg~ in ~y ~cy ~ti~ p~ion. Tbs mlm~ ~{d inm~ ~ ~th~i~gw md ~ und~ ~ Davim-B~n A~ my ~ ~i~ u~n ~ ~vid~ for in ~tiou 10 ot ~ Po~-~l .ka of 1~7 (29 U.S.C. ~ D.~ ~I0, em~o~ f~m ~ 1 ~d 3 of l~ mlu~ ~ undue ~p. Wo~ Ho~ S~dar~ {~) ~. U~u his own init~ivs or u~n P~:~ 25 of 32 CD-62 6500.3 Exhibit 6 C~av~xum~ busin~m: (i) Agre~nents enter~t into my or on ~half of ~e ~icy C~it Con.cmn p~di~ (2) Sal~ of ~rpl~ ~wer by ~e T~ (4) ~ and ~ ~r (5) Cont~ work ~o~ in s wor~ia~ 13 Ialmid: Eni~etok A~oll Kwsj~lein ~n Ii.d: md of ~tion 7(e) (2) v~o~ ~d s~r the ~r ~ifiM Page 26 of 32 9/75 CD-63 65~0.3 14 ~xc~s of li~h~ hours p~r dsy in · standby or on-call p~d~ that. ~ de~inin~ ~e ~ily ~d the ~icular ~w~ of ~y ~ch ~p~ w~ Subpart l~Inte~pr~tatton of the Frinwe B~neflts of the Davts-B4~con Act Section 5.20 ~ ~ud si~la,~-~e ~f this ~B~ A~ ~ui~ ~ ~ ~h~ ~ly-~ ~c hourly ~ of ~). T~ pu~ of ~ ~b~ b ~ ~pl~ ~o~ ~m i~d~ ~d F~ ~ w~ ~y ~ ~ Mth m~y ~ ~ u~ ~ p~vid~ for m ~i~ 10 of t~ Po~-Po~ A~ of 1~ (~ U.S.C. ~9), T~ omi~on w d~ · p~ p~ ~hcy. Qu~i~ on ~*~ n~ hlly ~ by ~on ~ pm~d~ in ~ 5.~. 9/75 Pa~e 27 of ~2 C0-64 6500, 3 E~.bit 6 lS Section &.24 The b~fc houri7 rate ' ~ha b~c hourly ~ ot ~y" m ~ ~ of ~r would ~ve ~ ~4 ~ ~n~b~on or ~ of ~ ~ d~u~ in ~ ~bufion or ~ f~ ~ ~ pac~ 28 of 32 9/75 CD-65 (see l(b) (2)(BI ot the ut). The l~slati~ his- ~ ~t ~e ~de~ion of frin~ ~r or sumner. (Re~ of ~e Hou~ ~,~ ~.,~p. 4.~ p.s.) (c) It is ~ ~s maaer ~ ~ ~ p~d~ for ~ ~mid~on of ~d~ pl~ or p~ ho~v~, them is p~on ~haps ~ ~ d~ ~one of ~al mund- ~ m~ the ~ oM~on ~der ~e pl~. ~e 16 Section $.~ ~:~vecltc fring~ benefits. (a) ~ ~ l~s all ~y~ of fri~ injun~ or ilM~ ~i~ ~m ,~pstional ~y, ~ ~ ~ pm~de ~y of ~e f~ng, ~plo~ ~ne~ life ~n~ di~ili~y ~d ac~ ~ or ~i~ i~ ~- ti~ ~d holily ~y, d~l. of ~ ~ fi~ ~ ~eR~, bm o~ w~ ihe can- F~er~, S~ ~ 1~ law ~ p~ qui~e~ of ~i~ ~2(c) (5) ~f the ~ ~ A~ ~ ~d~ (~. ~p. Xo. ~a, ~5). ~U~ ~ ~t n~w ~ ~ may ~ ~g- m o~r ~ ~ ~ m ~d that 1~ ~ p~- ~li~ ~ ~ t~ (S. ~p. No. '~, ~ 6). (d) ~ l~i~ ~ ~i~ ~ and ~ ~ ~ ~m~ ~ '~h~ m~ clud~ ~t s~ ~ ~ m~ ~ Ho ~e~lty ~ ~tici~ m de~r~i~ ~ a ~ic~ar ~ ~ is "~ns fide'' in ~ ~der · ~1 fund, p]~, or pm~a~ ~s ~d in ps~ph (*) o~ ~ ~ion which ~ ~y ~e c~R f~ ~nt abutio~ ra~e uMer such Page 29 of 32 CD-66 the ~ p~ph, k will F~ ~ ~ for 17 stru~ indu~?, SUgh~a th~,~ tlMm p~ym(~a ~ld n~ no~y ~ v~ ~ ~ fide f~ ~efi~ ~der ~ A~ ~on ~ ~ of ~ de~&~ (s) wh,m ~ ~n~e ~ p~ for clud~le in ~y ~vis ~ ~ d~on. Ill~uo~ ~m~ ~ ~ph (c) of t~ s~~ p~l ~ ~ of ~ of p~y,~o~y ~ ~ ~ pm~l~ for ~ ~ ~ of ~ his obli~ions for the p~yment of tire btalc hourly ~ ~ ~ w~~- (1) By ~ n~ ~ ~ ~ ~c h~ly 9/'75 CD=67 I ~00. ,3 18 r~m to the I~bore~ or mech~nic~ ~ by m~'ing contributions for "bon~ ~le" frin~ b~u~fits in ~ sx~rapl~ th~ c~oliga~om for ~painters" in ~e i~o~ ~ ~ph (c) of ~ ~ w~ ~ ~ ~ ~n~: or ~ly~of ~ ~ (~.~ (4) ~ ~ m ~h (al ~ ~ ~u, ~n of~ ~21u~ ~m~ ~ ~1~o~ for ~" ~y ~ ~ by ~ (~) ~ud~ ~ p~d by s ~- ~n ot o~ ~d~ ~r ~r S~d- Page ~ o:~ 32 CD-68 6500,3 E:x~Lb.,tt 6 19 ~mpl~a se~ forth in subp~a~r~phs (~) ~nd ($1 o~ this per.graph, l(b)(2)(B) ~ $1 ~ h~r. ~ ~ .... pie ~s ~ or ~c h~rly ~ wouM ~n~us ~ ~ CD-69 6500.3 Exhibit !4 U. S. Depar~t of Housing a.nd Urban Developmen~ Oom~mtty Development ~lock G~t ~ ~I, ~ ~ PR0~S!~ 1. A.F.~LI¢ *'~TLITY The Pm~Ject or Program ~o which the work covered by this Oont.~act pex%ains is being assisted by the United St&tea of America and the following 2ederai Labor Standards Provisions are '.'~cluded in this Contract ~ to the provisions applicable to such !Pederal assist- 2. ~ WAGE EA.,."~S ~ ~ AND Ail laborsrs and me~--~.s employed upon the work covered by this Contra~t -~k.~i be paid uncond/tto--~ly and not less often e~- cmce each week, and wi~.h~u~ eubsequont deduction or rebate on am~ accoun~ (except such pal~roll d~otiona am are ma~ m~ox.y by law and such other payroll d~ditctions as a~e pevv.~tte~ by the applicable ret.,l=- ticks issued by the Secretary of Labor, ~hited States Department of Labor, pursuant to the Anti-Kickback Act here~-~eter identified), the full amount due &= ~t.- of pa~ment computed at ~ rates not less e~a- those contained in the wage determi~&tiou dscialon of said -~eoretaa-y of Labor (a copy of which ia &~tanhe~ and herein incorporated ~ reference), regamdlsss of any con~rac~,,~ relatia~-~p which may be alle~d ~o exist Between the Contractor o= ~ suboontx~o~or and such l&bore~ and mecha~/os. All labox~re and mechanics employe~ upon such l~rk shall Be pa.ia in cash, except that payment ma~ be by check if the employer provides or seonres satisfactory facilities &pprovea by ~he Local Public Agency or Public Body for the c~-~t~ of the same without cost or expense to the employee. For the purpose of this clause, contributions m.~ or coa%s reasonably an,ticlp&ted ,,~-r Section ~ (b) (2) of the Davia-B~con Act on b~b~lf of laborers or mechanics a~e : ooxmldered wa6~a paid to such laborers or memM--~os, subject to the provisions of Section 5.5'(a)(1)(iv) of Title 29, Code of l~edersl Regulations, Also fo= the ~ of th/s clause, regular contribu- tions made. or costs incum~ed for more than a weekly period ,,~er plans, ~'~d~, or pregx'ama, But covering the particular weekly period, are .. deemed to be constructively made o~ insumre~ au=lng such weekly period. 3. UNII~A~NTS 01~ WAal~ (~R T~ cue of U~ierpa~ne~t of wages by the Contractor or by any subcontractor to laborsre or mec~-~cs employed ~ ~ Cont~tor or ~2or upon t~ ~ co~d by ~is C~tr~t, ~ ~c~ ~blic ~cy or ~blio ~ ~ ~tion to ~ o~er ri~ts aa ~ be ~fo~- ed it ~r ~a C~t~t ~1 wit~old '~ ~ Oon%~to=, ~t of ,~ p~ts ~ ~e C~t~tor, so m~ ~e~of ~ ~e ~c~ ~blic Page I of 13 9,75 CD--70 Agency or Public Body may consider necess~ury Jo pay such iabo~ers mechanics the full amount of wages required by this Contract. The amotmt so with.beldma,v be dlsbu~sed bM the Local Public Agency or Public Body~ for and on account of the C.ontracto~ or the subcontractor (as may be appropriate), to the respective laboz~re or mech~xics to whom the same is due or on their behalf to plans, funds, or programs for any type of fring~ benefit prescribed in the applicable wage determination. 2. A~ICIPATED COSTS 0F FRINGE ~E~:~'~TS " If the Contractor does not m~e payments to a tzustee or other +~hird person, he may consider as part of the wa~es of amev i~orer or mechanic the amount of any costs reasonably anticipated in f:Lug~ benefits under a plan or program of a typ% expressly listed in the wa~e determination decision of the Secretary of Labo= wkich is a part of this Contract: P~ovided, however, The Secretary of found, upon the w~itten request of the Contractor, that the applicable stanCe.=ds of the Davis-Bacon Act ~v~ been met. The Secret~ry of may rsqudre the Contractor to set ~aside in a separate account assets for the meeting of obligations under the plan or pz~gram. A copy of arQ. findings made by the Sec=crazy of Labor in respect zo f~inge benefits being provided by the Contractor musm be submitted to ~the L~cal Public Agency or Public Body with the flx~t payroll file~y the subsequent to raceip~ of the fi~. OV~ME CC~W~:,~hATION R.~I~ED Ff OONTRACT W0~ EKY0~ AHD STA/~IAP~DS ACT (76 Stat. 357-360: Title 40 U.S.C., Sections 327- (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract wozk which may require o~ involve the employment of laborers or mechanics, iuclu~_~ mud guards, sb~ll require or permit any labors= or memb=~tc in auy work-week in which he is employed on such wo~ to work in excess of 8 hou_~s in any calenda~ da~ o= in excess of 40 hours in such work week 1m1 ems such laborer or mechar~c receives compe~satio~ at a rate less than one amd one-~ f times his basic rate of pa~ for all houx~ worked in excess of 8 hours in any calen~w day or in excess of 40 hou-~s in such work week, as the case ma~ be. (b) Violation: liability for -~upald w,~, s li~ui&ated In the evenm of au~v violation of the ela~se se~ forth in pa~agx~ph (a), the Contractor amd any subcontractor responsible therefor shall be liable to any affected employee for hie u~paid wages. such Contracsor mud subcontractor shall be liable to the Oxxited States for liquidated ~m~ges. Such liquidated ~-m~s ,h~ll be com~uted with res?eot to each individ,~ tabors= or mechau~c employed in violati~ of the clause set forth in pa~a%-rmph (a), iu the sum of $10 fo= each calendar day on which such employee was requiz~d or pexmitted to we~k Pag~ 2 of 13 .9/75 CD-71 ~bit 14 in excess of 8 hou_~ or in excess of ~he ,tam~-~i workweek of hO hours without p~nt of ~e o~ w~s ~q~ by or ~blic ~ ~1 wit~old or c~e to be wi~e!~, ~ ~ mone~ p~le ~ ~c~t of ~ perfo~d by the C~t~or or ~bcont~ctor, ~'~ ~ ~ ~ "~m~n~et~ti~ly be dete:~4 to be necess~y to ~ia~ ~ l~ilitiea of ~ Oont~tor or ~bcont~tor for liq~- .~s ~ p~d ~ ~ close set fo~ ~ p~ph (b). (d) ~bcont~cts. ~ C~tr~tor ~1 ~e~ ~ ~ ~bcontracts ~ ~so a clue ~ ~ ~bc~tr~:to~ to ~cl~ these clauses ~ ~ l~r tier ~t~ts w~ch ~ey ~ ~ter ~to, to~ther with a. ~p~tices ~i ~ pe=tted to ~ ~ less t~ the p~de- te~ed rate for ~e work they perfo~d ~n they ~ em- plo~d ~d ~vi~ ~giste~,d ~ a bo~ fide app~ntice- ~P P~ ~giste~d with t~ U. S. ~p~t of ~p~er Aam~m~St~ti~, ~ cf App~tice~p ~ T~, or wi~ a State App~tice~p ~cy ~co~zed ~ ~e ~au, a u~e A~tice~p ~ (whe~ a~riate) to be ~l~ble for p~batio~-~ e~lo~t ~ ~ app~ntice. ~e ~low~le ~tio of a~ticea to J~ ~ ~ c~ classi- ficati~ ~1 not ~ ~ater ~n ~e =~tio ~=tted to t~ cont~tor ~ to ~s ~t~ ~ fore ~der w~ ~te, w~ is not a t~ee of t~s ~ph or is no~ ~giste~ or o~e~lse e~lo~d ~ state~ ~o~, ~-~1 be p~ the w~ rate ~ete~e~ by the Sec~t~ of ~bor fo= t~ classifioatlon of ~ he act~ly perform. ~ c~=~tor or ~. Pa~e 3 of 13 CD-72 6500, 3 E~uibit 14 bJ fu~mish ~o the contracting officer or a representative of the Wa~e-Eou~ Division of the U. S. Departmen~ of Labor ~itten evidence of the registration of hia program and appx, mtices as well as the appropriate ratios and wage rates (expressed in percentages of the jm~eyman .%~u~ly rates), for the a~ea of constraotio~ prior ~o using any apprentices on the wozk. The wag~ rate paid apprentices shall be not leas than the appz~priate pez~entage of the journeyman's ~ate contained i~ the applicable wag~ detemmJ, nation. Trainees. Except as pzovided in 29 CFR 5.15 ~rs.tr. ee:~ will not be pe~zxitted to wox~ a~ less than the p~edetermined, rate fox the wozk performed umleas they a~e employed pursuant %o and iudividually registered in a p~ogram which ~-- ~eceived prior appz~val, evidenced by form-1 certification, by the U. S. Department of Labor, Manpower ~m~istz~tion, Bureau of Appren- tice and Tra~ng. The ratio of trainees to joum~e~men shall not be gu-eater than pez~Lttted un, er the plan appreved by the Bureau of ApJp~enticeship arut Tra~. Evem"y '~xm,.tnee mu~t be pa~d a~ no% less th,n the rate specified in the approved pre- gmara for his leve2 of pzogreas. Any employee listed on the payroll a= a tr~ee rate who is not registered and partici- patlug iu a training plan approved by the Bureau of Apprentmce- ship and %h~f,f~ ~1l be paid not less than the w~e rare dete:m~ined by the Secretary of Labor for the classification of work he actually performed. The contractor or subccnt~a~to~ will be ~equ:Lred to lux-rajah the contracting officer or a repre- sentative of the Wage-Houz Division of the U. S. Dep~rtment of Labor w~itten evidence of the certification of his p:~ogram, the registration of the trainees, and the ratios and wage rates prescribed in tb~t preg--am. In the event the ~Bu~eau of Appz~ntice-b~p and Tx~ withdx~ws appreval of a train- ing pregram, the contractor will no longer be permitted ~o utilize txm.inees at less than. the applicable predete:mmined rate for ~he work performed un~il an acceptable pzo$~am is Eq,,~ Employment Opportunity. The utilization of apprentices, trainees and ~ouzne2men un, er tkis part shall be in c~o~ity with the equal emplo2-ment opportunity requirements of Executive 0=der 11246, as amended, and 29 CFR Part 30. Page 4 of 13 9/75 CD-73 7. ~2~PLO~"~h~ OF CE~TA~ PE~S0.%~ PRO~ ~I?~ ]~tbzt 14 No person under the age of sixteen 2~a.~s and no person w~o, az ~he time, is servi~ sentence in a pen~l or c~c~lo~ ~s~ti~ ~1 be e~loyed on the wo~ cove~d by t~s Contracz, 8. ~TIO~ ~ TO SO~N;~ "~NTI~ ACT" ' The Cont~c~or s~l co~ly with the applicable ~atlo~ (a copy of w~ch is atta~ed ~d he~Lu ~co~o~ted by ~fe~nce) of the Sec~t~ of ~bor, U~ted States ~p~ment of ~bor, ~e p~=~t to ~ sol.led "~ti~gi~back Act" of J~e 13, 1~34 (48 Stat. 948:62 S~at. 862; Tizle U.S.C., Sec=ion 874: ~d Title hO U.S.C., Section 276c), ~d ~ ~en~nts or mo~fic~tions the~of, ~l ca~e app~priate p~visions to be ~se~ed ~ ~bcon=~c~s to ~ co~li~ce the~with by ~! ~bconm~cto~ ~bjec~ t~o, ~d ~l ~ ~spo~ible fo= the ~hm~sslon of affiants ~q~d by ~bcon~cto~ ~der, except ~ s~d ~c~t~ of ~bor ~ specific~ly p~de for ~d~m~mtions, ~tto~, toler~ces, ~a ~ti~ ~m t~ 9. ~PLOYMENT 0F LABORERS OR MECHA~TI_CS NOT LIST:LO IN A~OW~AT~ WAGE I~*2'EEM~VAT I ON DECISION Any class of laborers or mechanics *~hich is not listed t~ the wa~e determination end which is ~o be employed under the Contract will be classified or reclassified conformably To the wage determt--tion by the Local Public Agency or Public Body, and a report of the act/on taken ~h~ll he subm.itte~ by the Local Public A~ncy or Public Body, thx~ the Secretaz~y of Housin~ and Urben Development, to the SeCretary of Labor, United States Department of Labor. In the event the Luteres~ed parties cauno~ a~r~ee on the proper classification o~ ~eclasaiflcation of a ps-~ticular class of laborers and meclm~uics to be used, the question accompanied by the recommendation of the ir~ocal Public ~ency or Public Body shall be referred, through the Secre'~ary of Housing and Urban The Local Public Agency or Public Bo~r sh~]l require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a free_me benefit which ia not expressed aa au hourly wa~e rate and the Contractor is obligated to pay cash equ.tvalent of such a frf~-e benefit, an hourly cash equivalent thereof t~ be established. In the even~ the interested parties canno~: ae~.ee upon a cash equivalent of the. fringe benefit, the question, accompanied by the recommendation of the Local ~abltc Agency or Public Body,~ shall be referred, through the Secretary of Housing end Urban Development, to the Secretary of Labor for determination. Page 5 of 13 9/75 CD-74 I 6500.3 E~_tbit 14 11. POSTING WAGE ~"~ne applicable wa~ poster of the~ Secretary of L~bor, United States ~p~nt of ~bor, ~ t~ applicable w~ dete~tion ~cisions ~f s~d Sec~t~ of ~r wi~ ~eq~ ~o t~ v~i~ ci~sificati~ of ~co~ce wi~ the p~isio~ of t~s Cont~t, to be ~e f~ w~s ~ly e~d by pe~o~ so ~lo~d or mo be e~lo~d ~ such cl~si- ficatl~, .ball ~e posted at a~priate co~i~ ~ts at the site of ~e wo~. No laborer or msmb-~fc to whom the wa6~, salary, or other labor stau~-,~ds provisions of this Contract are applicable ah.11 be discharged or in amev other ma--er disor~te~ a6~.t by the Contractor or s.ny subcontractor be6ause such employee ~ filed any oo~p2al~t or ~ti4~4ed or caused ~o be instituted any px~ceed/~ or has testified or is a~ut to teetix~y in am~ proceed.tag ,ruder or relat~ to the labor staudax~ls appli- cable under this Contm~aot to his employer. 13. OTto,.AND DI,~A~u,.,~.~ePAi~G TO WAGE RAA~E~ Cl-~m~ and disputes pert~ to wa~e rates or ~o classifications of laborers and me~.~os employed upon the work cove~ed by this Contract shall be p~omptly reported by the Contl~Otor in wTlt~E to the Local Public Agency. or 1~,~£c ~ody for referral by the latter t~mough the Secre~amy of Hous~ end Urban DeveloD. m~t to the Secretary of Labor, Un/ted States Depa~-~en~ of Labor, whose decision ab.ii be final with respect t~reto'. Ail questions a~ising Under th.ts Cont~a~t which relate to the ~l~tion. or interpretation of (a) the aforesaid Anti-Kickback Act, ~b) 0ontract Work Hours mu~ Safety Standards Act, (c) the aforesaid Davis-Bacon Aot, (d) th~ regulations issued by the Secretary of Labor, Un/te~ States Department of Labor, pur~t to said Acts, or (c) the labor standa~ls p~ovisions of a~ other pertinent l~ederal atatute, ~1 be referred, thm~ the Local Public Ageuoy or Pub!io Body ~=d the Secretary of Housing an~ Urban Development, to the Secreta.--y of Labor, ~n/te~ States Deps~-~-.~nt of Labor, for said' Secretary's appro~riate rmliug or interpretation wh/ch -~11 be authoritative and m~y be relied upon for t2~ ~.~onsa of th/s 0ontract. 15. PAYROLLS AED BASI0 PAYROLL' ~E~0EDS 0~ 00FfRAOTGR Aw~ Su~OxA'~TOH~ The 0ontractor and each aubcontracto~ -~-ll prepare his payrolls on foTM satisfaotory to ~ in aocordance with instructions to be ~ 6 of 13 9~ CD-75 6500.3 Rmh/bit 14 fu=nis.hed by the Local Public Agency or Public Body. The Contractor ~l ~b~t wetly to t~ ~c~ ~iic A~ncy or ~blic ~ two c~ified copies of ~l p~lls of t~ C~t~tor ~ of the ~bcon- t~to~, it be~ ~de~tood t~t t~ C=~t~ctor s~sl! be ~o~ible fo~ ~e ~ssion of copies of p~lls of ~1 ~bcontr~tors. ~h ~h p~ll -b~l cont~ ~e '~e~ly St~t~nt of Co. Ii.ce" set fo~h ~ Section 3.3 of ~itle 29, Co~e of ~ae~ Re~ations. ~e ~lls ~ b~ic p~ll ~co~ of the Cont~tor ~a e~ch ~bcon- t~tor covering ~1 1~o~ ~d ~c~cs e~lo~d upon ~e wo~ cc~d ~ t~s Cont~t s~l be ~t~ned d~ the co~se of the ~ ~d p~se~ed for m ~ri~ of 3 ~s t~ter. ~ch p~lls ~d b~ic p~ ~co~ .~11 cont~ the ~ ~d ~ss of e~h ~m~ ~lo~e, ~s co--cZ cl~sification, ~te of p~ (~clu~t~g =ares of 9ontri~tions or costs ~ticipated of ~e ~es described ~ Section l(b)(2) of t~ ~vis-~on Act), d~ly ~d we~y n~ber of ho~s wo~ed, ~ctio~ ~, ~ ~ w~s p~d.. ~ ~tion, whene~r t~ ~c~t~ of ~bo= ~ f~d ~er Sectioa 5.5(a)(1)(iv) ~ Title 29, Code of ~ede~ Re.atica, t~t ~e w~es of ~ la~ ~ ~cl~e t~ ~t of ~ costs ~o~bly ~tic~ated ~ p~i~t~ benefits ~= ~ ~1~ or p~ described ~ Section l(b)(2)(B)of the ~vis-~ Act, ~ Oont~tor or ~bcont~tor sb-~l ~t~t~ w~ ~ t~t t~ c=~-~t to p~vi~ ~ch benefits is enfo~eable, t~t ~e pl~. or p~ is ff~uci~ly ~e~onsibie, ~ ~t the pl~ or p~ b~ been co~cated ~ ~iti~ %o the iabo~ or mechanics ~fected, ~d ~co~ w~ ~ow t~ costs ~ticipm=ed or the ac~ cost ~d ~ p~viat~g ~ b~efits. ~e Oontr~mor ~d ea~ ' ~bo~t~tor aha1 1 ~e ~S ~lo~t reoo~ with ~ecm ~o pe~ons ~1o~ ~ ~ upon ~ ~ co~d ~ ~s Cont~t av~ble for ~eti~ ~ auto.zed ~s~tati~s of t~ Sec~ of H~s~ ~d Urb~ ~lo~t, ~ ~c~ ~blic ~ncy or ~blic ~, ~d the U~ted States ~p~nt of ~bor. ~ch ~p~sentatives -~-11 he pe~tted ~te~iew ~lo~es of t~ Cont~ctor or of ~ ~t=~o= ~ ~S ~ on ~ Job. 16. ~O COM~GE 0~ CE~ ~ O~ W0~ ~ The trmmsporting of materials and supplies to or fxum the site of the P~oJect or P~ogmmm to wh/ch th/s Contract pertat~s by the employees of the Contractor or of any subcontractor, and the ~a~u.facturing or ~-~t=~.g of materials, articles, supplies, or equipment on the site of the Project or P~ogram to which this Contract pertet~- by persons employed by the Contractor or by any subcontz~ac~or, s~ll, for the pumposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, be deemed to be work to which these l~ederal Labor St-~-~ds Provisions ams applicable. 17. ~INEL~GI~LE The Contractor sh-~ l not subcontract any part of ~the work covered by this Contract or permit subcontracted work to be further subcontracted Page 7 of 13 9/75 Ct) -76 6500.3 Exhibit~ 14 wimhout the Local Public Ag~ucy's o~ Public Body's prior w~itte~ approval of the subcontracts=. The Local Public A~ency or Public Body wall not approve any subcontractor for work covered lr~ this Contract who is at ~he time ineligible under the provisions of any applicable re~gulations issued by the Secretary of L~bor, United States DepOt of Labor or the Secretamy of Houst~ and Urban Devmlopment, to receive am~ awar~ of much subcontract. 18, PROVISIOI~ TO ~E INOLU'DED I~ CE~PAT~ 8U'~C01~fEAOTS The Oontm~cmor .b. ll include or cause to be included in eauh subccm~rac~ covering any of t~e work covered by this Contract, provi- sions which are consistent with +.h~se Federa.1 Labor Standards~ Provisions and ~lso a clause requir~-g the subcontractors to include suc~ provisions ~u ax~v lower tier subcontracts which they m~y on, st into, together with a clause re~uiring such ~-ert!on in a~y further subcontracts that may in tuxrn be ma~e, 19. ~m~ OF !~C,O]3~ l~:,,m~;. ?~R ~A~DA2.DS PROV'~SI~ ~ ~tion to ~ c~es fo~ te~t~.ti~ of ~se~s ~ =i~ ~o te~te ~s Contact if t~ C~t~to= ~bcont~tor whose ~bc~t~t co~ O~t~t ~1 b~ ~ of t~se Pede~ ~ber St~ ~uvisi~. A b~ of ~se ~ ~ber S~ ~visio~ for ~b~t ~ p~i~d by ~e a~li~le ~mti~ Sec~t~ of ~r, U~d States ~p~t of Pa~3e 8 of 13 9/75 CD -77 ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS SO-CALLED "ANTI-KICKBACX ACT" AND R~GULATIONS PROMULGATED PURSUANT THERETO BY THE SECRETAR, Y OF LABOR. -UNITED STATES DF~'ARTMEN'T OF LABOR TITLE 18. U.S.C.. s~ctio, 8?4 (Replac~ ~ection I of the Act of June 13. 1934 (45 S~at. tM, 8, 40 U.$.C.. ~. 276~) p~rsuant to the Act of Juae 2S, 19-%$. 62 S/It. 862} KJCI~ACXS FROM IR;BI.lC WORKS E,%CI'LOYEF.~. TITL~ 29 - LABOR ~,.r..~- Subtile A - Office of the Secretary of L~bot PART ~-CONTRACTOR5 AND SUI~CONTRACTOR.q ON PUBLIC ~UILDING OR PL,~ LIC WORK FINANCr~D IN Section 3,1 Purpoee and ~:ope. . ~ 9 of 13 CD-78 650~. 3 ~ibit 14 ~ction 3.2 Def'mitiom. PacJe 10 of 13 9/'75 CD-79 6500 [29 F.R. 9~, Jan. ~. 19~. os ~me.ded ~t 33 F.IT. 10186, July 17, 1~68] Section ~.$ Payroll d,,.n:luclions permiuible without applJcath:*n to or approval of' Ihs Sec~tary of L~IMr. P~e 1/ of 13 9/75 CD-80 E~ibit 14 Pa~ 12 of 13 CD-81 FX~hit 14 C Section 3.7 Applications for the approval of the Sect¢l~r:, of L.'~bor. Section 3.8 Action by ~he Se~'etat~ of Labor upon applications. Section 3.9 ~robibited pa~oll deductions. Section 3.10 Methods of p#yment of wage~. Section 3.1 ! Re~ulatio~ part of con~'act. Page 13 of 13 9/75 CD -82 88 STAT. ~ub. :,aw 93-383 - l&- August 22, 1974 711), is anlend~ by a~in~ ac Um en~ ther~:[ a new ~ollows: a(~) For pa)~ents ~quired /rom time ~ t~me under contra~ ~d into pu~*~aat to se~ion 108 of tim lio~mg aM Commumty Devetop~mt Act of 1~74 for p~vment of inte~:st f~s on obligado~ ~a~nt~d by the ~ecretary of ]Iousing and Urban Development ~der tha~ ~ion.' (~) With ~p~ to any obli~tion issued by · ~it ~vemmeng or d~i-nated a~ncv which ~eh unit ~-~ted to ~sue ~ ~axable obli~tion pu~uan~ ~ suction (e) of ~ ~tiou, the inte~sg p~id on s~eh obligation sl~all ~ income for the pur~ of chapter 1 of the lnt~ ~e of Sg~ 109. (a) ~o ~n ~ the ~nited Stat*~ shall on ~e ~d of ~e, ~lor~ national orion, or ~ ~ exelud~ from ~ieipa~.ion ~ denie~ the benefits of. or ~ subleetefl to &se~m~at~ under pmgwam or activity funded in whole or ~ I~ ~i~ f~ds made available under th~ tide. (b) Whenever the See~tarv determin~ fl*at a ~at~ or unii of ~neral I~l ~overnmen~ whid~ is a recipient of a~ist:~ under title has faiied to comply with sub,trion (a) or an appfi~ble ~la- ~on, he shall notify tim Governor of such ~te or fl~e ~ef ex~utxve o~cer of such ~ig of l~al government of the m~neompl~ee ~nd shM1 ~u~ the Go~'ernor or the ddef executive ~m.r to ~ eompt~e~ If witlfin a ~nable period of time, not to exe~ Governor or the chief executive ofliee~ fails or ~f~ to ~eu~ ~mplian~, fl~e S~ta~ ts authorized to (1) ~fer &e matter ~ the Attorney G~eral with ~ reeommendatmn ~,~ ~ 3p~ ~v~ ~on ~ i~itut~l~, (~) exerei~ fl~e powe~ a.n~ [~t~ p~vide~ by title VI of the Civil Rights .ket of 1~64 (.~ L'~ ~)d); (3) ~e~i~ the ~we~ and functions provided for in ~n 111(a) of ~is Act; or (4) take such other action as may ~ pmvlded by law. (e) When a matter is refer~d to the Attorn~*y ~ pu~uant to ma~.etion (b), or whenever he has ~n to ~l~ve that a State 'governm~t or unit of ge]~er~l l~al governmem is en~ in a patte~ or p~i~ in violation of the pmvzsions of tbJs ~ti~ ~be Attorney ~eral may bring a eiril action in any a~propfiale ~nited St~t~ d~rieg eou~ for such ~lief ~ ma~ ~ appmp~ ~elud~g ~junctive ~lief. Sec. 110. All ]a~ and mechanics employM by ~ntraeto~ or su~ont~eto~ in the ~rformanee of construct*on ~o~ financed in ~hole or in pa~ with grants r~eived under this til~ ~all ~ paid wag~ at rat~ not I~ than tho~ prevailing on.similar ~etion in the l~alitv as determined by the See~tarv ef La~ ~ a~rdan~ with the ~)avis-B~on Act. ~s amended (~0 ~.S-& ~Tfia~): ~'id¢d~ That this ~etion shall apply to the ~h*bilitation of ~id~tia~ p~p~y only if s,ch property is des~ for residential u~ for eight or more familieg The ~ec~far~ o~ La~l have, with ~p~t to such la~r standards, the authority and f~t~ns set fo~h m Reorganization Ph~n Num~red 14 of I~50 (15 F~ ~176; 6t Stat 1~7) and ~etion g of the Act of June 13, 1~3t~ ~ ~ (~8 Sta~ ~8; a0 U.S.C. ~76 (e)). CD-83 /'~ CONTRACTORS RESPONSIBILITIES AND REQUIREMENTS CD-84 C~APTER IV .. CONTRACTORS -~ESPONSIBILiTI ES General Responsibilities ~f Contractors (71 · A. General ObliGations · ' Contractors bidding on non-exempt Federally involved' construction contracts should 'carefully review the general re- quirements relative to affirmative action and non-discrimination stipulated in the Equal Employment Opportunity (EEO) .Claus9 and the Federal EEO Bid Conditions, where app:lic~,~le, wkich incor- pprate the Voluntary minority utilization plan (Hometo~,~ Plan) a~d/or impose minim-~m minority utilization goals and tim. etab!es on contractors. ,. Upon award of the Pederatly J. nvolved construction contract the contractor will ba bound by therequ_~.er._n~,, ~'~ '~ ~-~ of {]~e EEO Clause and applicable Federal EEO Bid Con~,itions and must~ be able to d~onstrate compliance ~ith those requirements, including the designation of a high level company official to assume the responsibility for the contractor'sv~'~ Progr~t~n. B. Notific~tion of S!~ecific · Subsequent to award, but prior to the initiation of construction on a covered Federally funded[ or assis~ted contract, the pri~e gontractor and all kno~.%~n suJ~contractors will. be notified by %he Federal Compliance Agency, which a%~'ards or ada~inisters the contract, of the specific reporting and record keeping require- ments undcr the EEO Clause (See 60-1,' ) and Bid Conditions (See Appendix II). CD -85 - -'* -**'C. Notification of Subcontractor .... Each prime contractor.and subcontractor shall include · by,reference the EEO Clause and applicable Bid Conditions in all advertisements or other sblicitations for bids, and shall include the EEO Clause and applicablc-~/f ~n~tio;.s in all contracts. Eac~ prime contractor and subcontractor must provide written ~otice to each subcontractor of the-specific reporting and record keeping., requirements under the EEO Clause and appl~-~, .cable Bid Conditions. Upon award of a subcontract,.each contrac for shall immediately notify,,the Compliance ~gency'of the coD- t~act number, the subcontractor's'name~ dollar a~.~ount of contract, estimated start and completion dates, and the crafts whic~ will perform work under the subcontract. Obligations Under Federal EEO Bid Condition~ (See Attached Flow Chart on CONTF~CTOR OVERVIEW) A. Hometown Plans Part Hometo~.,~ Plans are Office of'Federal Contract Compliance ~rograms (OFCCP) approved voluntary area-wide agreements 'between the construction industry and representatives of the minority community establishing craft goals and time- tables., for.minorities. The Plan and the signatory partici- pating parties in the Plan are incorporated in P~rt I of the Bid Conditions for the Plan area. - CD-86 (73 "-.'.-'Contractors signatory to and participating in Depart- 'ment of Labor ~pproved Hometown Plans and utilizing a local craft under Part I of the Bid ConditiOns .are required to comply with the provisions of the Plan,and the EEO Clause. "' Removal Of contractors to Part II of the Bid Conditions and/or initiation of enforcement prgceedings may be recommended to' the OFCCP Regional Office by the Administrative Co~atittee for a contractor's' failure to meet Hometo%.m Plan - ' . ].equlr~,ents Such action may also be initiated directly by the OFCCP R~gionai' Office fo~'violation of the EEO Clause. <' ' B. Hometo%,m Plan Part II, Apoendix A (Imposed Plan) .... ' ~,qd special Bid Coneitions · - Contractors subject to Part II of tile Bid Conditions (including co~tractors participating in the voluntary plan but utilizing craft(s) subject to Part II requir~n~ts) and ~hose affected by Appendix A of an Imposed Plan, .or special Bid Condi- tions are required to: 1. Comply with the EEO Clause; Meet. the mlnzm~n goals and tzmetables for aggregate workforce utilization specified in the Bid Conditions and/or Appendix A in each covered craft on all covered work in the area under the Eid Conditions/Appendi): A or provide DOCU~,:ENTARY EVIDENCE of good faith efforts to implement thc minimum acceptable affirmative action program; . CD-87 -: _ 3. File monthly or as directed by the contracting -'.'--.:'- or administ..~ring agency, beginning with the [ 74 effective date of the contract, workforce utili- zation reports (Standard Form 257)reflecting the prime contractor's and each subcontractor's aggre- ..~te workforce in each covered craft within the .area covered by t~e ~id Conditions (See Appendix .II) and a one time listing of all Federally-funded or assisted contracts within the Eld Condition arDa by agency, contract number, location, dollar volume, percent completed, projected completion date~' and a listing of all covered non-federal work,.subse- quent to the submittale~f the first listing. · Monthly reports, thereafter, should only include new contracts received and those contracts,com- Provide access to books, records, and accounts of con~.~ruculon sl~es and docuinentary evidence of good faith ¢~forts'to the Co~pliance Agency and/or the Office. of Federal Contract - Complihnce Programs (OFCCP) for the purpose of conducting a review. When the Compliance Agency and ~e OFCCP have determined that the contractor has consistently met the minimum utilization goals in a covered craft over an entire construction season, re- porting requirements will be changed f~om a mon%hly to a quarterly basis. However, if a contractor fails to meet the minimum CD-88 (75 utilization goals during any quarter, ments will be reinstated. · III. Enforcement (See Attached Fl~w chart on CONTRACTORS Contractors monthly reporting requi~e- failing to meet t~he minim~ utilization goals specified in the Bid Conditions,.or .subject to outstanding allegations of discrimination in violation~ of the E.E.O. Claus. e will be subject to a thorough review of their impl~:entation o~ the affimative action program as. specified ~n the Bin Conditions and, where required, a thorough review of their.compliance with the E.E.O. Clause. · Contractors will be subject to 9eneral ~nforc~n~ent, as stipulated in Subpart B of CFR 60-1 at the discretion of th~ · agency or the OFCCP. · A compliance review conducted by.the Compliance Agency Will consist of the follo~cing (See Appendix III B): 1. A thorough review of the contractor's books, records and accounts and otb=er relevant docu- ments. (If a contractor has met the specified minimum utilization goals for.the aggrqgate ~. .workforce the contractor will be pres~ed to be in compliance %:ith the requirements of the-Bid Conditions and the review concluded, unless an allegation of discrimination in violation of the E.E.O. Clause has been made.); CD -89 (76 2. Validation of the information presented will be .'made through on-site revie%:s of a sample of all of the cohtractors projects to determine whether the contractor has met its goals or has made a good faith effort to inple, r, ent all of the affirm- ~ a%ive action steps- specified in the Bid Conditions, and has not violated the E.E.O. Clause. B. Remedial Commitment s ...... ~ In the event tna~ a contractor has failed.to meet the m~n~ ut~l~zat!on goals an~ ha~ failed to provide ' mentary evidence of good faith efforts to '~ ..... af~l~a~t~_ action progr~n as specifie~ in the Dad Conditions, the contractor w~ll be given an o=,~o_=u.~..~.{ at the conclusion of the compliar]ce revie~z to make..~_~=_c=,~-~': =~ writtencc .... ............ ~ ..... t=, which will be s!gnea by an officer of t,,u company, to ret. cay a~ de=iciencies tn=t contractor has not e= .... g the revzew, provzcea ' '- othe~'ise %~ ~=.en found to have viola=ed the r.E.O. '"~=, approved by the Comn, liance "c .... , the ,.2~ .......... e con- tractor in cc~pliance and initiate monitoring of 'the specific cor~i'~r~e n t s. C. Notice of Intent to If the ccntractor fails.to make, to implement adequate remedial cor2nit~ents: I, ............ 0.,.. .... ............ S or h~-vinr, ma~e, = ~ ~ = an~-/or has been founa CD-90 ~ . , (77 ~:o h~ve othe. r~se v±olated. ~he E.E.O. Clause~ ~he Compliance Agency will' issue a s~w cause notice to the contractor pro- ~iding 30 days for the contractor t~ come fo~ard with addi- tional evidence of its efforts to comply or to,make adequate r~edial .comz~i~ents, and, ~A~r~, .~-~q~ ~. to dc~tonstrate that it has not violated the E.E.O. Clause. -~ ' ' If ~e con,actor make~ s~h '~onstration(s) and/or ~~, ~e C~p~e Agency will wi~draw ~e show cause a~ ~a~ of ~e ~~ w~l ~se ~e. ~ractihg ~ ~ ~ed with ~cti~ns leading to sanc~ns. '~ D. Initiat%on of Actfons Leadin33 to S~nctions If, during the 30 day period provided, the contractor, (a) fails to doc~ent adequate, good faith effort to ~np~enlent the ~'~m required affi~ative action steps or fails to make ade- quate commi~aants ~o co~ct a~ d~iciencies, or (b) where re~ quircd, fails to demo~ate ~at ~ E.E.O. Clause has not been violated, the Compliance Agen~ will ' ~ ' ~n~t~ate ~ions leadinU to the imposition of sanctions agains{ the contractor, pursuant to ~1 ~R 60-1.26. - _ ~ Upo~ such action by the Compliance Agency and approval by the OFCCP, the contractor will be notified that actions leading to sanctions have been initiated. sons for the action and provide'14 tor to request a h£aring regarding The notice v~ll state the rea- calendar days for the contrac-. thc '. ' ' z,~pos].tmon of sanctions. CD-91 ~ no request fDr hearing is received within the 14: ~a¥ period, the Compliance Agency and/or OFCCP will impose such sanctions as are deemed apprOPriate provisions of 41 CFR 60-1 , including cancellation, termination, debarment or ineligibility, for further federally funded or federally assisted ntracts ...... Upon receipt of a request, for.hearing, the Compliance Agency and/or OFCCP will arrange for and conduct a hearing on the DuriT~g the p~ .of. ~n~ ~ r~t for hear~g,. a ~r~n~'s ~ federally ~olv~ ~s ~ay be suspende~ ~ whole or in part, pursuant to tha ~ov~ns of 41 CFR'60-1. However, no sanctions or penalties specified in 41 CF~ 60-1 or Executive Or~er' 11246, as mnended, may be imposed.without the approval of the Director, OFCCP. . The hearing procedures (41 CFR 60-30) provide that any conciliation agreement or consent decree proposed as a settlement of the i~.~-a~ -~,~x~ the final ~cision on the imposition of'Sanctions must be a~ove~ by the $~-Tet~-~ry of Labor or.the IV.' Technical Assistance The Compliance Agency and OFCCP Regional Office staff will provide technical assistance regarding the implementati6n of the requirements of the E.E.O. Clause, Federal Bid Conditions and/or Appendix A upon ~eceipt of a request for assistance from a contractor. C CD-92 ECU Rules a-ud Re?,&latior. s, Title 2~, Y~ ~, ~. ed .... ...... ~ ~.. Ootobe= 2~ 1~3) · ; ' ' ~ .' ... . ..'. . - ~ ~ ' .. .... .... ..<' ...... . . . .. ...... . Yu~O~ ...... . .; · . '- - ~. ~ · ~fezsib!e: / ~ "~ ?' ': " i O~pOrt .... ~ for ~m~,~Z ~.~ ~-~-,~-~ ~i::iur ....... ?.. ~gh ....t~ ~l~nr ~"'n5 ~,2r - of ~ . . . ' 'l. ~he ~ca of such proje=:, :~ ~ucc_e :err:ohs r~sidi:xg :"~ (~) confracts for .... . ~o_~. to be ~orfo~ed ~2 cormecticn with ~' · - ' -." ' ~" ''-. ' '";~'":-'; -~C': ,.'~ '~m 3 ~.,~z~ Ac~ ,' ..... ...-? ....... ... .... ~. ~dengification cf f'-- ' ' -+--,~ ' 'i.~ C~ COT.~C~O~ CO ....... ~_.,5 a , ~o~n~ scene of ;;or~:, contract dcilar · '~ber~ ~ro3ecg nigher, description of pro,ecg ~ea~ etc.) "..~.; ; ~] ' .. .. .... .... . .. . · C. )lo;~ent .... -. . · . .... . · '-. .'-- . t...~.' .......... ' ....... '-. ' .... .:- --~ -~-'_---.~ ~'-' r.'f ;'~ · ---.-: ; --~"-'~ ' -~ra~e~S ' ' ' ~''' - ' · ' ' - - . .;~::{~Ch'~ '.~---' ' . .... '.. ,.'. ~ -~ ~ ~==n~ -,~-__ for:e; ~a (:f:) x,~ber of these . .'-.' "~' ' ' ~o be recited ~ud - ~ "'~ ....- . . e~o_o~_ fr~ p: ect . .. '.."' b, · A detailed d_s~__v~on~ ~;-~ of ~sn.e~c memn~ t~ b= utilized . · . .... '7 .~6 rcc~i: oroject greg rezidonts, inc]u~ns ~oo:izic " ..)r. ldenlifica;icn cf ~re~ '"~muiz-ti-nr. =_~e_~_=_.. - ~ '- of all projec: ' "~ ' .- ~a~ · %. · . e ecs . '. -' ' · ' ,S~ ~ a., %., ~d C, above. .. '- ' ' ' '-~'V~ ' " ' CD '' · '. ]). ]~us:nesmes, Subcontractors Vendo-~ ~- | .': :'--- '~". .... ~-- - ' ~. : .. ~, ~ls~ln.~ of e~ch cate~--r or ~o:~ -~ ~,;~o '*~ ~ , - ] ... : , .utilized'on su~jec: :cntra::~ a!cn~ ~cr. ent~ztei do!l~ }. · . ~o~nt v~uu oc each; :. . ." f.i"" .... ~ I ' '2. Lis%~ of'dollar -~ - .-" ~' 3. De~le~ d~oc_l~_on of specific =e~s %o~e %~ken ~o """L ."f'. . ~. publicize, adve~ti~e, notif'r., eta.~ ~ex %us!nesses~ e~c.~ . .......~ ~'~ arr~zS~ve act~o~ ol~u, prcjcct area de .... p~lon, -' ........ , feint:Lng 5c ~he for ~,.~o~c ..... to autkorlzed ......... " ' ' '"' . }~11 be no.sted .... { ..... c .......r.~_s_y in offices ~nd o!ace2 frecuentcd' · .~;. _ . e~, ~ ~=c~rc;~'ze s'~cor.;z'a~s, vendors~ ego. '.. "O.. S~e~ ~g ~ c~r~or ~¢~. %h~ ' ' ;~r~ ~-elop~e~% in co~!y~n~ ~ith %he Settle: :3 · cq~red by the Departz~nt of ...... o ~nd U~ :Develcc~eng. The Assistant Secret;fy for Equ~l Opportunity h~s been. Jelcg~ted the ~qC~on~ of the Secretary of tlouslng and Urban Develooe'..~nc in adminlsrcr~ng will issue such further rcgulation~ In coanectio~-=[th his/her responsibil ~B.(~q~!~oD 3 qf~9__l 9u~3qg hnd Urban De%.cl~mc~ Act of 1968~ . amended, 17Olu., ;= he/she finds appropri0[e and m~. as needed, a=pltfy .~l~'t-i~ts~ucd___, pursuant t~['fdd~th~h~cq'IT~z, handbooks, c ir- L CD194 ' ' (ii) R~fnir~, in-m~nsultation wilth th~ Adm~ni~r~ /.L~ ~-~ of the Small ~usiness A~mimistration, that to thc greatest. extent~eazible con~racts for ''-~' ,~o~ to be performed in con-, ~ nection with a,~ such project be a%.;arded to business concerns including but not limited to individuals o~ firms doing business in the field of planning, consulting, design, architecture, building construction,_~-_.~-~t-,~ticn, _~aintenance, or.-p~.-~,-= ~- %.~c..h are located in or c?;ncd in substantial Dart by oersons residinc in the area of such ' proqect. (b) In %~e development of these regulmtions the Secretary ~as consulted with the Secretary of Labor and ~e A~n~ator ~f t~ Small Business A~t~inistration and ~utual agreemanu nas De~ r~d wi~ raspmc~ %o ~e ~or~ti~n ~,. ~p!~ ~ ~i~.., efforts and contracts ~r~ nn~ these ~e~ula'aicnm~ Dy' 5.n~ DePartment o~ Housing anG UrDan D-v-_c .... an~ ~he Deoartment of Labor, and the (c) The regula%iona~-z. set forth lmrly $ubparts C and D of ~hls part, "to the greatest extent feasible" as in this part,' particu- shall serve to define that term is applied in section 3 of the Housing and Urban Dovelopment Act of (d) The aecretary will issue such further·r~gu~atiOns in cgnnectlon with his rmsponsibi!ities under section 3 of the Mousing an~ Ilrhan ~m~. ent Act 6f 1968, as he finds ~$~gri~te and 'r=ay,.a~eeded, z~rp_l/~=y any regulations · issued pursuant to m~ction 3] through guidelines, handbooks, ?/rculars,. or other moans. ~ 135.5 Definitions. · As used'in this part--· (a) '"Applicant" me~ns any ent].~y seeking assistance for ~'.projc~ inclu~]zng, but not limited to mortgagors, d~velop- __re-. lc_--_l ~ub].ic_ bodies, ::g.~prcfit or-]~imic~d di~cn~' ' ' ....~,on.,o_.~ buJ.!ctc}:s, or D].o!..~rty managcr~;. · 2 . CD-95 (b) covered "Business'concerns located Within th6 section 3 project area" mear~ those lndlvldualb or firms .located within the relevamt section 3 covered ~ro~ect area as determined pursuant to ~ 135.15, Listed on'tko Depart- m~nt's r~c .... x of ~ ~b~~ o~ .......~ and c ....... e business c ~-~ · ~ualify as small under the small b--~-~o- =ize -,= ....... standards 6f the Sma!~ ~',~-~ - Duo .... ss mc~l~lstra=ion. - (c) "Business concerns owned in substantial part ~y .persons residing in the secti6n 3 covered project area" .means those business concerns which are 51'perce~t ~r more owned by person~ e '~ ~.~i~n r si .... ~ ~-~ r~evant sett~n 3 cover es ~ , ..... ~._c]___ as ~'' "~ ~ .... ~ .... to s 135.15, owned by persons considered by ~n~ ~!! Business A~ministratiDn to be socially or econcmi~!l% disadvantaged, l~t~ ~ the Department's registry of eligible bus_nuo~ concerns, and wl~ich qualify as small under the sma'll business size standards of the Small Business Administration.. With a with a contractor for the performance of {.;ork in 'connection section 3 covered project. ,. (e) "Contractor" means any entit~ ~.zh'ich performs work ."in'con6ection ~-ith ~ section 3 covered project. -'Urban ' Dev~o~t. (g) "Lower income resident of the ~rea" mezns any _ r..-~.,cs %,1~ .... % the area or a section 3 ~overed ]~rojcc5 and ~.;hose family incc.~e does not exceed 90 percent of the median _n .... ~- ~n the S_a....~..c :.~etrcpolitan ~tatisticai Area (or the .... i~ not within an S2.1SA) in {~ch the section'3 covered project is located[. (h) apolitical jurisdiction" means' a politically or- ga~nized ccmmunit? %-.'it,~--a governing bcdy having general ~.jovernmen ta 1 (i) "Recipient" m_~ans-~ny eutity %.;ho received assistanoo for a project including, but not limited to, mortga~ors, .(!eve!ol)eru, local public bodies, no:,Drofit or limited j? - CD -O~ (J) Urban · "Secretary" means the Secretar~ of }Io and Development. "' (k) "Section 3" means.section 3' of 5 the.ttous.ing.a~d Urban Development A'ct of 1968, 12 U.S.C. 1701u. (1) "Section 3 clause" means the contract provisions set forth in s 135.20(b). (m) "$~ction 3 covered prmj~t'" ~neans any nonexempt ~j~ aasiat~d ~y any ~r~ ~dm4n~ste~ed by t~e Sunrmt~ry in %.~ich l~n~; ~m, s~:idies, or other f~ncial assimtmnce are provided in aid of housi~, urbnn. p~a~ni6g, deua!oumen.~, redevelo~.~ant,~'or rane%-.,al, public or -~hure ~ ~J.C. anc~! assistance avai!~b!e under such program is solely in the form of insurance or gunr~nty). Projects, contracts, and subcontracts, connecncfk %.;itt programs ad- ministered by the Secretary under sections 235 and 236 of ~ pro{lram co ~d S500~0(; in estimated cost not nre exemuted rrcm th~ re~uircnzants of eh~= D=~i- ~ ~ n~v ~csntrnct o~ $50,0L, 0 or un~er on such pro3ects or contracts (n) "Sub~on~_rautor" m~ans any'~ntity (othcr than a person who is mn .~m.nloyue of ihe con~ctor) which has agreed or ar~nged with R ~t~or t~ ~der~ke a portion of the contractor's obligation or the perf0rm~nce of work in ~nection with a section 3 covered project. ~5 135.10 . Deleg~tion'to Assistant Secretary for Equal Opportunity ~ ~cept as otherwise provided in this part,'~e functions of the Secretary referred to in this part ara deleg~lted to t~e Asa~stant Secretary for Equal Oppz~rtu~ity... The Assistant Secrct~ry is further authorized to rc<{elcgate funct~.cns ~nd respon~ibilitiqs delcgatcd in this section to ~mpiovc~s of issue rules and rc?u!aticns under ~ 12;5.1(d) ~ay not be redelcga Lcd. i 135.15 Determination of the area pr6ject (a) The area.of a s~ction determined as follows: (1) .The boundaries of '10cared- o~ a s,-ction 3 covered 3 covered projec~ ~hal! be a section 3 covered project .(i} Wi.t.hin a geographic area designated as an urban ~e~. area _pursuant to. the ~rov~"~---~-~-,-. of titl~ I of the ~ousin~ A~t ~f ~949, 42 U.S.C. 1450'; ~r (ii) Within a geogr-~phic aras designnte,i~ as Modal Cities areas or Metropolitan D2v~io~men~ Plan ar~s .~%~.rsuant to the. prov~slons o~' title I of the Demonsuratioa Cities and Metro- politan Developr~ant Act of 1~66, 42'~_S.g. 33~1; or (iii) Within a geographic area designated as an Indian r~servation (to include all territory within reservation ~Dou~-~darie$, including fee patented roads, waters, bridges and lands used for agency purposes)~ shall be coextensive with the boundaries of'that geographic area. '(2) 'T]~e ]boundaries of a section 3 covere~ .?r6ject not located'within a ~eoct~a~hic area r]o~5~n-~-I ~,w~,-n~- +~ Title I of th~ ::ous~ ~ ~,= ~o~:~ r,~ mq,-l~ * ~ ~-h Dcmonstration Ci~ies and Metropolitan ~v~}~.cnt Ace of 3966 sha~l be coe,:tensix, e Wi=h :he boundnrj.~ oi the small- e. st polz~:.ca]: juris~-icticn i'n which th~ r,r-~fi.ec~' ~s ~d. "-' (3) '~ tl~e ~-X~ent that goals ~-~,~1~ ishe~ pursuant to ... Subparts B, C, and D of this part) cannot be met within a section 3 covered project area as determined pursuant to paragraph (a) (1) of this section, the boundaries of the · , . smallest political jurisdiction in which the section 3 covercd project Zs lccaued shall be dcszgnagc,q as the .. relevant scanlon 3 p~'-'O~CCt area. Thc dc%cr:~nation to aPPly ~h{~ suhr~nragraph ...... shall b~ "'=de ~y the Ass/~an':'' ~ ..... ret,..y for Equal Opportunity or b~ the same official designated the Assistant Secretary for Equal Opportunity to determine '' the section 3 covered project area pu'rsuant to paragraph (a) (1) of this 'section. CD -98 (b) ?he Department's Rcgiona! Administr.~tor, Area Cf lice Director, or F._~ Insuring 0~ ice Director, ap?ropriate, shall dete~ine the bouQdaries of each ~cction 3 covered project.. ~ 135.20 Assurance Of c6mpliance.with regulations ' (a) 'Every contract or agreement for a grant, loan, subsidy, or o~her direct financial assistance in aid of housing, urban planning, davelc~men't, redevelopment, or renewal, public or co~unity facilities, and ne%~ community ~elopmcnt, entered in~o ~v the De~a.r~.aen~ of Housing an~ ~n Development with respect to a section 3 covered pro- . recipient to curry cun uae u~ov~ ~ _ .- _s_on= of section 3, ~he .r=g,:]~tio~ set fo~% in this part, and any app!icnb!e ~ and orders of the Dep~r ..... nt ~ssued thereunder prior ~ a~roval of its application for a'ssistance for a sectioH 3 covered project. (b) Every auDlicant recipient. - - · _ contractin= ~artv. .contracto~ and susconuracuor shall 2..~o.~=.t.., ~r cause _to be incorporated, in all contracts for work in connection with a secticn 3 coverek] ~-~ { .... . ~_c~.~, the fo!!c'.~Lng cmause (referred to as a section 3 clause); A. The' work to be ~ = ~o' ' p~r~o~,.~a under th~_s contract is on a project assisted un'der a !orug~am provifd_n~ ~-ect Federal f~anci~ assistnnce from the De~rtment of Ho~ing and · ~r~an D~e!oFm~t and is subject to the recuir~ents of ~ection 3 of the Housing and Urban Deve!opm~t ~ct of 1968~ ~s amended, 12 U.S.C. !701u. Se~ion 3 requires that to the greates.c extent feasible opportunities for training and employment be given lower ~ _n .... ~e residents of the project area and contracts for work in connc'cticn %-;i%h the project be awarded to b ~' ~ · · u_lne~ concerns WhlCh are l~a~cd !n, or '~-owned in substantial bart by persons, rcsidL~g in the area .-.of the project. ~. :~he partie~ to %hi~ ~nt~ct will cc~X~; wi~h thc provisions of said uection 3 and thc rcgulatic~s pursuant theruto by the Secretary of Housin] a~d Urban DevcloFmcnt set forth in 2n CFR , ~nd ~! applicable CD-99 6500.3 E~hlblt 1 ~$T~..UCTiO~ ~WJ~IST FOR CONTP_~.CTO.~: Lk~OR ~TA~ARDS C01~/'f~CT ~:':.~,OL~TIO'3. ~-& follmtin6 'checklist has been prep~med to assist All =~p!o}'erc- should checY each of th=_ fo!Ic;'L-~ s*.ate~--'- ...... as being Page 1 o£ 14 9/75 CD'-. 1 O0 shoul~ con%act %he r~ciplen~ £or special 6ui ~d.~.nce. D. ~ceive~ the w~ ~ecision ~ p~ of ~he con~c~, E. Requeste~ t~ the ~cipient ~d ~cei~d the w~ch was not ~clu~.8 on ~he wa~ ~ec!sion by ~he ' .~la.sific~ticn p~cess ~.d ~efore ~low~ ~ such t~.e(s) to wo~ on ~e p~3ect, ~ f~m the ~tate's ~e~ cf App~a~lces~p ~ reco~lzed by US~T) ~d ~b~tted copy the~of to the ~cipien% ;riot to 9/%5 Pa~e 2 of 14 6500.3 looa%e~ on the 9~ect site w~ c~ ~ se~ e~il~ by the Not,ce to ~lo~es (~ 1321) ~fet~ ~ He~ P~tecti~n on the Job ~. ~fo~ ~si~ ea~ 9~]ect worker to ~ ~ obta~d 1. ~ work cl~sification (~e~n o= ~ob t$tle) Page 3 of 14 9/75 CD-102 6500.3 2. his duties of work. the 'U. S.. Department of ~abor~s req~/rement on t.h/s project t~t he is either ~ jc~e~, ap~ntice, or labour - If app~ntice, he Is to Be paid not less h~s ~ of app~nt~ces~p; or If labour, ~ 2s to do la~o~r~s work o~7- not ~erfo~ ~7 p~t of a ~e~3 wo~ labour or hectic w~ petrols work on the p~ject .s~l be classifie~ ~ pai~ at the ~est w~ rate applicable ~o ~I of the ~o~ which he perfc~ =nless ~ foll~ ~q~ementa ~e met: - tl~ ~d t~ ~te of p~ for each clasaifi~ti~, ~t ~ s~ed by the 9/75 Page 4 of 14 6300.3 2. The p&y~oll shall show the hour? worked Lu each classification and the wa~ rate paid for each classification. 3. The payroll shall be s£gned by the workmen or a sAgned copy of t.~ da£1y tLme reco~d shall be attached thereto. O~ over 40 hours any wor. k week (see Contract L ~ infgrmed each ,,lou---neymau and each Paqe 5 of 14 CD-104 6500 E~.DLr Seine employers place all project workers on Pay~:ll Form ~E-3~?. The ~ec£p£ent does not mev£ew those project worker, s listed on the payroll who ~erfcz~ work wkich is ~escriptive of ~ of the followin~ ~ob tAtles which a.re exempt frcn la, or :~quirementa: Page ,~ o~[ 14 pro~ec~ su~e~n~en~.e~t (le~s than ~O% of ~fme a~ ~ vo=king fore=an) ~ alternate payToll b. Front pa~ of Payroll (Form ~-3~7) Hea~ln.~. (6 "blocks" of Lnfo~-atfc.~ 1) Name of E~!oyer. ~sne of e=~loye= is state~, 2) Id~-ress. Street ~i~ress or P. O. ~ox, City, Page ? of 14 9/75 CD-I06 .. &500.3 Ps.roll of e~ployer'a final vol'k week crt the project (cc~rpletion of his ~ork) is For ~eek ~d~n~. ~ last ~te of the week ts s~ted ~ ~s "block". ~ec~ ~d ~ca~icn. N~e Of p~jec~ ~ city ~ w~ch locate~ is stated. Col~ 1 - Worker's 2~e, ~ it appe~s on ~s pay check, Is Women's best ~1~ a~ss ~ social If wooer c~s his ~sidenti~ -~ss while wo~ on the p~ject, ~l~e~ on the p~ll to note sep~te i~ntificaticn. for ~loye~'s convenie~e - ~t ~q~ ~ to Be cc~leted. ~cl~ ~ - ~e Work Classification (Job Pa~e 8 o~.14 CD-lO7 %ltle) for the worker is included in the Va6~ Decision and denot~es the work 2hat worker actually perfo~ed. Note: If the a~licable classification ~s not included ~n ~ ~a~-e Decision, Split Classification. ~rf worker has per- ~e ~ork week, ~ch as c~ent~r ~d labo=e=, the ~vision of wo~ wilL! be =ho'~ on Acc~ate ~ly t~e ::eco~s ~ow the e~% ho~s of work perfo~e~ ~i!y ~ Pac~ 9 of 14 9/75 10. Each class of work he perfor=ed is stated in Colu=n 3. in sepamate "blocks". The breakdown of hours worked da/ly ux~ier e~ work classification is stated in Column ~, ~ tot~ for week ~ Col~ ~ applicable w~ rate for e~h c!assi- ~ti~ of ~ork is stated ~ Colu~ ~e ~11 is ai~ed'by the wo~ %~ ~iated "blocks" or a si~ed copy of If the above is not done, the worker is p~ at least the h~eot =~ w~ rate of ~1 of the classes of work foxed for all ho~ worke~. Notes: s~-skill~d labour the aver~ of Joiner's ~es tools of tra~e (jo~e~) ~ each ho~ he ~e not ~e tools of tho tra~e (laborer) ~ast be Pa~ 10 o~ 14 - '-.':-Lt.:.: ....... C D - 1 0 9 6500.3 ~elper. The work classification of "helper" 9) Colu-=--i 4 - ~-ours %'orkedt V_ach i.av =n~ Date, for se~tely f~m straight hours ("S") - over '8 ho~s ~ ~y or over 40 ho~ ~y work 10) ~ol~n ~ - Total ~c~s worked ~ the work ~) - straight ~d overt~e ho~s 11) Col~ 6 - Rate of Pay, no~ leas t~n the (see V~ Decision) is state~. 1-1/2 t~es the worker's basic (straight) P~ge 11 cf .14 9/75 12. Appren+-$ces. If a copy of tBe apprentice'e registration cer~ificate from the State RAT ~ not been submAtted to --ecip£ent by e~ployer (tb~ contractor), app~entice mmtst be p~id Jou~ne~m~n, s rate. Piece Worke=. Piece work must he Colum~ ~ at a~ hourly rate, t~ ~oss pay for t~ ~ the wc~ week. Co].~ ~ - G~ss ~:~ E~e~ eq~s strai~t ~ eh~ ~ Col~ 5 t~es str~t ~te of pay ~o~ ~o1~ ~q~d by law, ~l~t~ily ~thorized ~At~ p~vided ~ted Col~ ~ - ~e? W~s etated m Col~ 7 ~us tot~ ded~ti~s sho~ 9/';5 ~ate 12 cf 14 6500 O. ~ack of Pa?roll (Foz~ %7-34?) 1) Each E~-ployer has: aompleted ~1 ~1~ spa~es ~nd ~derst~ ~e pe~t!es for f~aific~tion. ~ed Item ~ if frL~ benefits ~e ~- el~e~ ~ the W~ ~cislon for ~y of his ~(a) '- if ~r~ benefi~:~ =e paia to app~ve~ ~d(s), or ~(b) - p~ ~ectly to ~ach worker - ~cluded ~ pay check for ~ work we~ - his pay=he~ aent~ at least the pay of ~he appli- er of ~uire(~ fr~ benefits. ~ly sl~ed the pa)~ll ~ tP~ "%lock" e~loyer *r ~ offici~ of ~e ~=ployer who le~ly is authorize~ to act for the 4. ~'eekly Pa%~!l Review. ~ch e~loyer ~s p~tly: ~vAewed the weekly pa~oll for co~l!~n=e with ~1 labor ~quirezents (us~ %bls chuck list) Page 13 of 14 9/75 CD-112 6500. days f~om +,he las~ d~te o£ the york veeE. c~ from the las~ a~e.of ~he work w~k. ? w~z~C ~ of the l~st ~te of the Each E~p loyer .( Pa~a 14 o~ 14 CD-113 NOTICE TO BIDDERS Pursuant to resolution adoFled by the Town Board Please take notlce that SEALED PROPOSALS must be received and stamped by the Town Clerk of the Town of Southold. BID # PROJECT Modification of two (2) libraries in the Town of Southold (Southo~d Library and Mattituck Library), Suffolk County, New York, to accommodate facilities for the handicapped. Contract-J~l~ o. 1 - General Construction until. 10:30 A.M. on April 30, ~ 198~ at tt~ Town Hall, Main Road~'own of Southolcl~ New York, 11971, at which time they wil[~ be publicly opened and read. Bids may be bare, delivered or mailed to the above address. The bidding and contract documents may be examined free of charge or purchased in perso~ for $25.00 per set at the Town Hall between the hours of 9:00 A.M. and 4:30 P.M., daily except Saturdays, Sundays and Holidays on and after Aprl! 16, t981 The $25.00 purchase fee is~not refundable. Each Proposal must be accompanied by a Certified G/~eck or Bid Bond made payable to the T~wn of Southold in the amount of Five Per Cent (5%) of the total amount of the bid. The Town reserves the right to reject any bid it deems to be contrary to the best interest of the Town of Southold and to waive any informalities in any bid. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHOLD JUDITH T. TERRY 'Town Clerk Dated: Tgwn of Southold E_QUAL OPPORTUNITY Artk:le 41. ~ Err,.p.I.oyment Practl ces: Du~rJn'g the performance ~f. this contract, the contractor agrees as £ollows: a) The contractor will not dlscrimate against any employee or applicant For employ- ment because of racer creed~ color or national origin. The contractor will take af.flrma- tJve action to ensure that applicants are employed~ and that employees are treated during employment without regard to their racer creed~ color or national or'gin. Such a.:ffon shall [nclude~ but not be limited to the £ollow~ng: employment~ upgrading demotion or transfer~ recruitment or recruitment advertlsing~ layoffs or termatlon~ rates of pay or other £orms o£ compensatlont and select[on For training, including apprenticeship. The contractor agrees to post in conspicuous ploces~ available to emp oyees and applicants for employment~ notices to be provided by the State Department of' Labor setting forth the provisions o£ th~s nond~scrlmlnatlon clause o 6) The contractor will~ ~n all sollcltat[ons or adven'isements' For employees placed by or on behalt' of the contractor~ state that oil qualified applicants will receive con- s[cleration £or employment wlthout regard to race, creed~ color or national origin. c) The contractor will send to each labor union or representaflve of' workers w~th which he has a collective ~argainlng agreement or other contract or understandlng~ a not'ce to be provided by the'State Department of Labor advising the labor union or workers~ representative of the contractor's comrn~tments under this Section I1-1 and shall post copies of the notlce in conspicuous places available to employees and applicants f'or employment. d) The contractor will comply w~th all provls[ons of' Executive Order Nb. 11246 of September 24z 1965 and of' the rules~ regulations and relevant orders o£ the Secretary of' Labor. e) The contractor will f'urnJsh all inf'ormatlon and reports requJred by Executive Order No. 11246 of' September 24~ 1965~ and by the rules, regulations and orders of' the Sec- rotary of Labor~ or pursuant thereto~ and will permit access to his books, records and accounts by the Secretary of Labor f'or purposes of' investigation to ascertain compliance with such rules~ regulations and orders. In the event of the contractor's noncompliance with the nond~scr[mlnah on clauses of' this contract or wffh an), such rules~ regulations or orders~ this contract may be cancelled~term]nated or suspended ~n whole or in part and the conlractor may be declared inellg~ble for further Government contracts or Federally-ass[sted construction cont!racts ]n accordance with procedures autl~orlzed in Executive Order No~ ll246 of' September 24~ 1965~ and such other sanctions may be imposed and remedies invoked ds prov[ded 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. 3 EQUAL OPPORI'UNITY (continued) 6) 1'he contractor w[ll include the provisions of this SectJon I1-1 in every subcontract or [6urchase order unless exempted by rulesr regulations or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September 24t 1965, so that such prov[slons will be binding upon each subcontrac~r or vendor. The contractor will take such action wffh respect to any subcontract or purchase order as the State Labor Department may direct as a means of enFordng such prov~slons ~ncluding sanctions For non-compliance: Prov~dedr however~ that [n the event a contractor becomes ~nvolved int or is threatened with I[t~gat~on with a sub-contractor or vendor as a result of such.d[rectlon by the Dept. t the contractor may request the United States to enter into such I~t~gat~on to protect the interests of the United States. 2. Selection of Subcontractorsl Procurement of MaterJals, and Leasing of Eqglpment: During the performance of this contract, the contractort for itself, its assignees and successorsin'interest (here[naffer referred to as the "contractor"), agrees as follows: a) Compl]'ance with RegulatJon: The contractor will comp~ with the Regulations of the Department of Commerce relative to nondlscrlmJnat[on in Federally-c~ sisted programs of the Departmer? of Commerce (Title 15, Code of Federal Regulations~ Part 8~ herein- after referred to as the Regulation)t which are herein incorporated by reference and made a part of thJs contract. b) Nondlscrlm[natTon: The contractort with regard to the work performed bylt after award and prior to comp!etion of the contract workt will not d]scrim[nate on the ground of racet color~ or national orlg[n in the selection and retention of subcontractorst including procurements of'mater]alsand leases oFequJpment. The contractor will not participate either dJrectly or indirectly in the dJscr~mination prohJbffed by SectJon 8.4 of the Regulations! inclcclir~g emptoyment pract]ces when the contract covers a program set forth in Appendix A-II of the Regulations. c) Sol[datat]ons: In all sol[cltations e]therby competil~ve b[ddJngor negotiat]on' made by the contractor For work to be performed dnder a subcontract~ including procuie- merits of' materials or leases of equ]pment~ each potential subcontractor~ supplier, or lessor shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the ground of racet color or notional origin. d) Information and Reports: The contractor will provide all information and reports requlr'ed by the Regulallons~ or orders 'and instructions ;ssued pursuant the~eto~ and will permit access to itsbooks~ recordst ~ccountst other sources oF inFormat~on and lts facilities as may be determined by the aoncerned deg,Jrtments to be pertinent to ascertain compliance with such Regula~Jons~ orders and instructions. Where any information re- quired of a contractor is in the exclusive possession of another who Fails or refuses to furnish this information, the contractor shall so certify to' the State Lab6r Department and the Federal Government as approprlatet and shall set Forth what efforts it has made to obtain the information. 4 EQUAL OPPORTUNITY (continued) e) Sanctions for Noncompliance: In the event oF the contractor's noncompliance wi[th.the non~d~scrimlnat~'on provisions of this Section 11-2, the State Department of Labor shall impose such contract sanctions as it oF the Federal Government may determine to be approprlatet includingt but not limited tot (I) withholding of payments to the contractor under the contract until the contract until until the contractor complies, and/or (2) cancellationt termination or suspension of the contract, in whole or in part, f) IncorpOratJon of Provision: The contractor will ]nclude the provisions of Section 11-.2 in every subcontract~ including procurements of materials and leases of equipment, unless exempt by the Regulationst orderst or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract, procurement~ or leose as the State Department of Labor, or the Federal Government may direct as a means of enforcing such provisions including sanctions for noricompllance; Provided however~ that [ntthe event a contractor becomes involved [n, br is threatened witht litigation with a subcontractort suppliert or lessor as a result of such d[rection~ the · contractor may request the State to enter into such litigation to protect the interests o~ the Starer and~ in add t~on~ the contractor may request the United States to enter into such litigation to protect the interests of the United ~ateso 5 'INF6RMATION FOR BIDDERS Io FORM OF BID . ,. All bids must be made only upon the blank £orms provided I~er~wffh and not detached herefrom. All blank spaces must be filledln~ ini'nk~ and must g[vethe j~rlces £or each item and/or the aggregate amount [or the work, both in words and ~qgures and must be signed and acknowledged by the Bk~der. In the event of discrepancies between the prices quoted in the Proposal in words and those quoted in figurest the words shall control. The prices are to include the furnishing of. all materials plant equipment~ tools and all other f.acillt]es~ and the performance of all labor and ser~,ices necessary or proper for the completion of the work~ except such as may be otherwise expressly provided in the Contract Documents. 2. OMISSIONS AND DISCREPANCIES Should a Bidder find discrepandes [n~ or omissions from Drawings'and/or Contract Documents~ or should he be in doubt as to their mean[ng~ he should at once notify the Engineer~ who may send a writ. ten instruction to all Bidders. No oral interpretatlqn shall be made to any Bidder as to the meaning of' any o£ the Contract Documents. Every request for ]nterpretatlons shall be in writing to the Engineer, Chas. H. Sells, Inc., 11 Farm[ngdale Road~ West Babylon, NewYork 11704. Attentlon~ Mr. Peter Cavad]as. INFORMATION FOR BIDDERS - (Continued) 3. 'BID BOND/CERTIFIED cHEcK All bids shall be accompanied by a certified check equal to 5% of the amount of bid made pay'able to the order of the Town of Southold or a bid bond For this amount, os security for faithful per£ormance, The checks/bld bonds for all except the lowest bidder will be returned/released within 30 days after the opening of bids. The check/bond will be returned/ released to lowest bidder when the conkact is executed.. Jn the'event that the bids are. rejected, or the project shelved for any reason, the check/bond will be returned/released to the Iow bidde~ wlth~n 30 days therefrom. ® REJECTION OF BIDS The owner reserves the right to reject any or all bids. Without limiting the generality o~' the foregoing, any bid which is incomplete, obscure, irregular or qualified may be rejected; any bid having erasures br corrections iri the Proposal or any bid in which the bid prlce~ are omitted or obviousl¥ unbalanced may be rejected; any bid accom- panied by an irregular or insufficJenf bond may be.rejected; any b~d received by a bidder who Fails to satisfy the owner that he is properly qualified to carr7 out the obligations o£ the contract or to complete the work contemplated therein may be rejected. 5. DETERMINATION OF LOW BIDDER Except where the owner exercles the right reserved herein to reject any or oil bids, the contract will be awarded to the bidder that has submitted the lowest base bid or a comblnat~on of base bid plus alternates that are in the best interest of the owner. 7 INFORMATI©N FOR BIDDERS- (Continued) 6, ACCEPTANCE OF PROPOSALS Within ten (10)'days after the opening of the bids~ the Own, er will act upon them, The acceptance otc the Bid will be a notice in writing signed by the Owner and shall bind the successful bidder to execute the Contract, The Owner reserves the rJght to postpone the date for presentation and open[ng bids and will give telegraph?c notice otc any such postponement to each prospective bidder, 7o EXECUTING CONTRACT AND DAMAGES Within ten (10) days atcter receiving a notice otc acceptance~ the successtcul bJdder shall obtain both a. ConstructJon Bond and a Labor and Material Payment Bond each equal to 100% of' the amount:'bld tcrom a surety company acceptable to the Owner rind shall deliver them to th~ Owner and shall execute the Contract, Failure to do so shall constitute a breach of the agreement. In such event the amount of the B[d Bond accompanying the bid shall be retained by the Owner as liquidated damages f'or suqh breach, 8, TIME FOR BEGINNING AND COMPLETING THE WORK The Contractor shall commence with work wJthln ten (10) calendar days after the executJon of the contract and shall complete the work as outlined in Arti¢te 4, 8 INFORMATION FOR BIDDERS (Conti-nu~d) CONTRACTOR'S LIABILITY INSURANCE a. The Contractor shall secure and maintain such insurance poli- cies as will protect himself, his subcontractors,, and unless otherwise specified,.the Owner from claims for bodily injuries, death or property damage which may arise from operations under this contract whether such operations be by himself or by any subcontractor or anyone employed by them directly or indirectly. The following insurance policie~ are required: (]) Statutory Workmen's Compensation (2) Contractor's Public Liability and Property Damage. Single Limits of [iability: $1,000,000. (3) Contractor's Protective Public Liabilit~ cow~ring op- erations of subcontractors, with same limits. (4) Automobile Public Liability and Property Damage cov- ering both owned and hired vehicles. (Bodily Injury $500,000 each person; $!,000,000 each accident: Prop- erty Damage $250,000 each accident; $500,000 aggregate). (5)~ Prior to the storage or use of explosives, t~e Con- tractor shall provide evidence of increase in limits of Public Liability, Property Damage and Contractor's Protective Public Liability Insurance to: Bodily Injury $2,000,000 eaCh accident; Property Damage $1,000,000 each accident. (6) Fire and Extended Coverage. (~n an amount eq~al to the bid price of the contract). (7) If any of the rating classifications embody property damage exclusions X, C or U, coverage for eliminating such exclusions must be provided with'same limits. (8) Complete Operations L~ab~lity Insurance issued to and covering the liability for damages imposed by law upon the Contractor and each subcontractor arising between the date of final cessation, of the work and' the date of final acceptance thereof or the .part of the work performed by each. Certificate of such insurance shall be filed with the Owner and Engineer prior to contract signing and shall be sub.ject to ap- proval for adequacy of protection. Said certificates of insur- ance shall contain a thirty (30) days' notice of cancellation in favor of the'Owner. INFORMATION FOR BIDDERS - (C0ntlm;ed) c) The C~ntractor will also submit for approval at. this time a Progress · Schedule. Failure to comply with any of the prov[slons otr this Sec- tion 9 shall constitute a breach of agreement. In such event, the Bid Bond/Certified Check accompanying the bid shall be called/ retained by the Town as liquidated damages for such breach. If in the event that addJt[onal work is added to this Contract pur- suant to Article 19 of the Cc~tract Agreement, the Town I~oard may in its discretion, ask [or and the Contractor shall provide additional bond covering both the addlt[onal work and the guarantee thereon. 10o NO MISUNDERSTANDING :The intent[on of persons intending to make proposals Js specifically called to Article 3 ot: the Agreement wherein the bidder agrees that he has exam[ned the Contract Documents and the site of the work and has tully Jnt:ormed himself from his personal examination ot: tl~e same regarding the quantities, character and location and other conditbns affecting the work to be performed. Particular attenffon is called to special notes and special specifications in the proposal whilch may contain contract requirements at variance with standard plans and specifications o ' l0 M~e 9 1981 CHAS d ", Jr. 11 12 13 Su{folk CO. 14 PROPOSAL FOR RENOVATION OF TWO LIBRARIES TO ACCOMMODATE FACILITIES FOR THE HANDICAPPED TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. Contract No, made by: Name of Bidder (lndividual~ firm or~O'~6rationr as case may be) Residence of Bidder .~/-7L/~ "~ ~'~/~. ?'~.~.~7~>-)/~//~J'eleph°ne ~/~"~ - Place oF Business of Bidder ~',~c~ ~ ~, Telephone Name of' Partners Residence of Partners (If b~dder is a firm~ state here the name and residence of each member thereof) rr If' Bidder is a corporation, fill in the following blanks: Organized under the Laws of the State of .... Name and address of President ~,/ Name and address 'of Secretary ~ame and address al Vice Pres,dent i~ 1SA The undersigned also declares that he has carefully examined and fully under- stands Information for Bidderst the Contract Agreement~ Specifications~ Plans and the proposal and he hereby proposes to furnish all the materials · adequate equipment· incidentals and sufficient labor· to progressively do all the work required to constructt finish and complete the wor!~< within the time specified for the project as outlined in Article 4 of the Contract Agreement and other incidental work included in this proposal~ in accordance with thc~. prices given below· at his own proper'cost and expense~ and ~n a first class manner and in accordance with the Plans and Specifica! ~ons, Notice to Bidders and Instruc- tions to Bidders~ all of which are a part of the Contract to such extent as they rd;ate to or govern the obligations herein proposed to be assumed~ and in accordance with the plans~ and specifications and detailed directions or instruc- tions as may from time to time be given by the Engineer at the following prices, viz: :-0 15B PROPOSAL FORM FOR: CONTRACT NO. 1 - GENERAL CONSTRUCTION This document constitutes a proposal to do the work specified in the'Contract Documents for this project. Should the Undersigned be a joint venture or other plural entity, the nouns, pronouns, and verbs in the proposal that apply to the Undersigned shall be understood to be written in the plural sense. In submitting this bid the Undersigned declares that he is the only person interested in the said bid, that it is made without any connections with any person making another bid for the same Contract, that the bid is in all respects fair and without collusion, fraud or mental reservation, and that no official of the County, is directly or indirectly interested in said bid or in the supplies or work to which it relates, or in any portion of the profits thereof. The Undersigned also hereby declares that he has carefully examined the Drawings, Specifications and form of Contract and that he has personally inspected the actual location of the work together with tl~e local sources of supply, has satisfied himself as to all the quantities and conditions, and understands that in signing this proposal he waives all right to plead any misunderstanding regarding the same. The Undersigned further declares that he has. received and examined the following addenda: Addendum No. _~. Dated ~-~/~/~Z~ j~?~/ Addendum No. Dated Addendum No. Dated Addendum No. Dated 15C PROPOSAL FORM (Continued) The Undersigned further understands and agrees that he is to furnish oil labor~ materials, equJpment~ supplies and other facilities and things .necessary and required for the execution and completion of the foJlowlng contracts~ with lump sum prices as divided hereinunder: CONTRACT NO. 1 - GENERAL CONSTRUCTION in strict accordance with the Contract Documents for the lump sum prices of: A. Mattltuck Free Library (Written words) B. Southold Library (Written in figures) (Written words) (Written in figures) Total Sum Bid For A. and B. (Written words) - (Written in figures) as part of these lump sum prices bid~ the Bidder shall include unff prices as enumerated hereinafter. UNIT PRICES The Contract shall include unit prices os herein stated. Should the amount of work required by Contract Documents be increased or decreased, the Undersigned agrees the following unit prices shall be used as a basis for computing the cost to the Owner, or the credit due the Owner, as the case may be, for such increases or decreases in the work. The IJsted unit prices shall also be used for determing the value of Allowances included in the Specifications. Prices shall be on the basis for furnishing all labor, material~ equipment and other related items necessary for completion of work (in place). The quoted figure shall include the Contractor's overhead and profit. The amount of unit prices for additions shall not vary by more than 15 per cent from the prices inserted by the bidder for deductions. The Engineer may adjust the deductions or additions inserted by the bidder so that it conforms to this requirement. The Owner hereby reserves the right to order any addition or deduction of materials on the basis of unit cost figures quoted. 15D UNIT PRICES (Continued) CONTRACT NO. 1 - GENERAL CONSTRUCT!ON 2. 3. 4. 5. 6. 7. 8. 9. · 10. 12. 13. 14. 15. 16. 17. 18. 19. 20.. 21. 22. · 24. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. Hand Excavation Machine Excavation Curb Removal Sidewalk Removal Slab Concrete Concrete Curb Concrete Sidewalk, 5" Thick 6"x 6" 10x 10w.w. Mesh Preformed Bituminous Expansion Joint Filler Saw Cutting Dense Graded Aggregate Base Course Preparing Fine Grade Pavement Sealing Painted Lines & Figures 6" Concrete Block Partition 8" Concrete Block Partition 6" Glazed Block Partition Aluminum Pipe Railing Bronze Railings Steel Pipe Railings Stainless Steel Railings Toilet Partition Hollow Metal Door Frames 3' - 0" x 7~-'0'' Hollow Metal Doors 3' - 0" x 7' - 0" Solid Core Wood Doors 3' - 0'! x Glass Exterior Doors Paneling 4'x 8' Lintels Closers Hollow Core Wood Doors Wood Stud and Gypsum Board Partitions Ceramic Tile Floor Ceramic Tile Walls Parking Signs Exterior Signs Grab Bars Mirrors (Toilet) Marble Saddle Soap Dispenser Towel Dispenser Sanitary Napkin Dispen,~r Handicapped Lavatory, Carrier a~d Fjttlngs Handicapped Urinal, Carrier and Fittings Handicapped Floor Mounted Water Closet and Fittings Wall Hung Water Closet and Fittings Handicapped Electric Water Ci~oler Handicapped Water Fountain 15E UNIT' ADD D[I~UCT cu. yd., J cu. yd. sq. ft. cu. yd. sq. ft. lin. ft. $ lin. ft. $ $ cu. yd. ~ sq. yd. sq. ft. sq. ft. lin. ft. lin. ft. lin. ft. ~ lln. ft. ea. ecl, sq. ft. sq, ft. ea. ea.. eo,. ea. ea. ea. ea. ea. $ $ ea, $ $ ea. $ ea. ~ $ PROPOSAL FORM (Cantbuted) ~ BID SECURITY Accompanying this proposal is a bid bond, bank draft or certified check in the amount of $ In case this proposal shall be accepted by the Owner, and the Undersigned shall £ail to execute the Contract and in all respects comply with the provisions of "Bid Security" as set forth in "Instructions to Bidders", the monies represented by such bond draft, certified check or bid bond, shall be regarded as liquidated damages and shall be forfeited and become the property of the Owner~ otherwise to be returned to the depositor as provided in the above said provisions in "Instructions to Bidders". COMPLETION It is intended that the work under this Contract be substantially .complete within 90 days after signing of Contract. ELIMINATION OF WORK IN THIS PROPOSAL The Undersigned further declares that he is aware of the Owner's right to totally or partially, eliminate work from any or all Contract or Contracts covered by this Proposal; and that this will be accomplished by totally eliminating a payment item or elimination of a portion of the estimated quantities upon which the bid has been prepared, 'without a revision to unit price. The Undersigned further declares that should the Owner desire to change the description of work within a payment item, that specific agreement upon the payment item as revised will require submission of a revised unit or lump sum price based on the inc!uded or excluded work. 15F PROPOSAL FORM (Continued) SUBSTITUTIONS This proposal is based on all items exactly as shown or specified. The substitutions listed be)ow or attached hereto are offered for consideration of the Owner and the corresponding amounts indicated may be deducted from the base proposal to reduce the Contract price if accepted. SUBSTITUTIONS DEDUCT 15G PROPOSAL FORM (Continued) NON-COLLUSIVE BIDDING CERTIFICATION By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty or perjury, that to the best of their knowledge and belief: The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor: Unless otherwise required by law, the prices which have been quoted in thi~ bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly to any other bidder or to any competitor: and No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or nor to submit a bid for the purpose of restricting competition. Dated S~f~ r~ , 19 ~K~ Corporate Seal The P.O. Address of the Bidder is: Legal name of p(~on, firm or Corp. Street City and State 15H PROPOSAL FORM (Continued) On acceptance of this proposal for said work the Undersigned hereby binds himself or themselves to enter into written Contract with the Owner within two (2) weeks of date of notice of award, and to comply in all respects with the provisions set forth in "Instructions to Bidders" and "General Conditions of Contract", in relation to security for the faithful performance of the terms of said Contract. If A Corporation NAME ADDRESS TREASURER ~_.~ If A Firm NAME OF MEMBERS ADDRESS BIDD[RS QUESTIONNAIRE Name and Address off B]dder / work performed: B~dders w~l [furnish the following information: llst only similar type of CO NT RACT D AT E FOR WHOM PERFORMED AMOUNT COMPLETED Bidders will answer the [following questions: I) 2) Have you ever failed to complete any work awarded to you? If yes, state where and why Has any officer or partner of your organlzat on eve been an officer or partner some other organization that failed to complete a. con!tract?' t ~bre[ore: Iff yes~ state name of individual~ other organization arid reason 4) Has any officer or partner of ?'our o, rgonizatlon ever failed to compJ.e, tea contract handled in his own name? IV/2 If yesr state name of in&vidual and reason therefore: In what other lines of business are you financially interested? /~tg 5) The work~ if awarded to you, will have the personal supervision of whom? 6) Do you have, or can you obtain, sufficient men and equipment to commence work · Informahon [for Bidders"? /J~ ~ when reqmred by" ' 7) Name the surety company to whom you intend t~ apply for a performance hand: (Answer only i~ bond is required) ,~~.~ ~ ~ .. BIDDER'S QUESTIONNAIP, E (Continued) 8) What Long Island u'nlts of government can you give as a reference? 9) In emergendes, e~the day or Mghte what telephone or telephones should be called for immediate &ction? Dated this o~ n~ day of __,,~5/~ _~ , lc'' ~ ] by: ?file of person s gmng IMPORTANT: THIS AND PREVIOUS PAGEMU~T BE FILLED OUT OR BID WILL BE REJECTED, 1 7 [tie APPROPRIATE SECTION OF TI-IlS PAGE MUST BE SIGNED BY ALL IIIDDERS _ NON-COLLUSIVE BIDDING CERTIFICATION SEC. 103-d GENERAL MUNICIPAL LAW By submission oF this bJd~ each bidder and each person signing on behalf of any bidder certifiesr and in the case of a joint bld~ each party thereto certifies as to its own o~ganizatlon~ under penalty of perjury~ that to the best of his knowledge and belief: I I. the prices in this bid have been arrived at ~ndependent y without coliusion~ consultation~ communicaHon or agreement, for the purpose of restricting competitlon~ as to any matter relating to such prices with any other bldder~ or with any competltor; 2. Unless othe~vise required by law~ the prices wh~c have been quo'ted in this bid have not been knowingly dlsclo~ed bi>' the bidder prior to openlng,.dlrectly~ or indirectly to any other bidder or to any compeltor; and 3. No attempt has been made or will be made by the bidder to induce any other person~ partnership Or corporation to submit or not to submit a bid for the purpose of restricting competition. Affix Seal if Principal' is Corporation I hereby affirm under the'penalties of perj'ury that the foregoing statement is true. IF A CORPORATION The following is a certified copy' of resolution authorlzlng the execution of this certihcate by the s~gnator of th~s bid_or p-oposal in be~half of the corporate bd. der De authorized t.o s~gn and submit the bid'' or propO%'l of this corporation ~or the proI on items described~ he~ein, in the Notice to Bk~ders~ Bid// ~':' ' d and to include in such bid or proposal the Certificate as to ~on-colJusion require by section 103d of the General Municipal Law as the act: and deed of such co~ora- tlon, and for any ~naccurac'es o[ mlsstatement in such c,~ificate this co~orate bidder shall be liable under the penalties of perju~. The foregoing is a true and correct c~y oF the resolution adopted by ~ ~ g /~ } ~.~ ~._ C co~oration at a meehng o its Board of Directors held on the I day o['~. ~:~/) ,19~/, . Seal o[ Corporatlon ~.~ ~/ Th,~qbove - name bidder affirms and declares: That said bidder is o[ lawful age and the only one interested in this bld~ and that no person~ firm or corporation other than hereinabove name has any interest in ,this bld~ or in the contract proposed to be entered into. That this bid is made without any understanding~ agreement or connection with any other person, firm or corporation making a bid for the same materialsf supplies or equlpmentf and is in all respects faiq, and without collusion or fraud. Tha.t said bidder is not in arrears to the Owner'upon debt or contract~ and is not a defaulter~ as surety or otherwise~ upon any obligation to the Owner or any other Municipality or School District in the County of Suffolk° e That he has carefully examined the site of the work~ that fi'om his own in- vest~gaHon~ he has satisfied himself as to the nature and location of the work, the cha~acter~ quality and quantity of existing materials~ and all difficulties likely to be encountered~ the kind and extent of equipment and other facilities needed for the performance of the work~ and general and local conditions, and all other items'which may~ in any way, affect the work or its performance. On acceptance'of this proposal for said work the undersigned does or do bind himself or themselves to enter into written contract with the Owner as specified in the "Information [or Bidders". 19 e In default of the performance ot: an), of the conditions required in making this bid~ the undersigned agrees that the certified check/bond which is herewith deposited with the Town shall be retained by the Town as Iklui- dated damages For such default or Fraud, otherwise the bond/check will be returned to the successful bidder as noted in the "Information For Bidders". Legal name of person~ firm, or corporation making bid: OU NOTES Io Where a bidder is a firm~ the bid must be signed in the name of the firm by a member of the firm~ who must sign his own name immediately there- undert as A. & B. Co.t by C.A.~ Partner. 2. Where o bidder is a cor~oratlon~ the bid must be signed in the name of the corporation by some duly authorized officer 8r agent thereof having knowledge of the matters stated in the bid~ and such officer or agent shall also subscribe his own name~ as.' A. B. Company, by DoC.~ Presidentt and the seal of the corporation must be affixed. 3o The bid must be sworn to by the person signing it~ in' one of the following forms: 21 (Form of affidavit where biddel' STATE OF NEW YORK) ) SS.: COUNTY OF ) is an ind".vidual) being duly sworn, says: I am the person des- cribed in and who executed the foregoing bid and the sew:ral matters therein stated are in all respects true. Signature of person who signed the bid Subscribed and sworn to before me this day of Notary Public County of (Form of aFfidavit where bidder [sa Partnership) STATE OF NEW YORK) COUNTY OF ) being duly sworn, says: I am a member of the firm described 'in and which executed the foregoing bid. I subscribed the name of the firm thereto on behalf of the firm/ and the several matters therin stated are in all respects true. Subscribed and sworn to before me this day of Notary publi'c Signature of .person who signed the bid 19 County of 22 (Form of affidavit where bidder ~s a corporation) STATE OF NEW YORK) c0uN oF ?~"~') 51~7 i being duly sworn, says: I an, the Corporation, the above named corporation whose name is subscribed to a nd which executed the foregdng bid. I reside at ~ ~/Y~,~,~$,~,~ ~ ~ · New York. '1 have knowledge of the several matters therein stated~ and they are in all respects true. · ' ~ kdS~gnature o p the bid Subscibed and sworn to before me County of JUDITH T TERRY NOTARY PUBLIC, State of New York No 52-~3,'14963 Suffolk County,/~ · Comm,ss,o~l .~xpire~ Marc~ 30,'~.~' 23 ***** DISCLOSURE STATEMENT In. connectiun with the submission or this bid for ,~J?~,/' Name of Contra~t~ agent of the corporate applicant) namely its ~,S *(swears) or (Title) (affirms) under the penalties of perjury that: I. The following persons have a direct or indirect interest ;n this bid: Monlh Day Year Name Address Date of BEth Addre#s ' Date 6f Birth Name Address Date of Birth Name Address Date of Birth (In case of' corporations, all officers of the corporation, and stockholders owning more than 5% of the corporate stock must be listed. Attach. an additional sheet~ if necessary.) 2. The following persons listed in (I) above are related by blood or marriage to an officer or employee of the Owner. Name Relationship Name/Position of Employee/ O ffi cer Name Relationship Name/Position of Employee/ Officer 3. The following persons listed in (I) above ore state or local officers or employees, or members of a board of commissioners or local public authorities, or other public corporation within Suffolk (exclusive of' a volunteer fireman or civil defense volunteer): Name Employee Position *Cross out phrases that are not applica~le. Name Employee Position False statements made herein ara punishable as a Class A mi'sdemeanor pursuant to 210.45 of the' Penal Law. · S IG NAi-t~.2 -24 CONTRACT AGREEMENT THIS AGREEMENT· entered ~nto th[s 19 ~' j · by the Town of Southold acting by and through the' Supervisor hereinafter referred to as Owner pursuant to the statue· and a ce~orat[on organized and existing under the laws of the State of New York, a partnership cons~stlng of · an individual tr~:ding as of the clty of ~'~.~.~/~ ~, ~/~ ! hereinafter called the "Contractor" · in the State of WITNESSETH· that the Owner and the Contractor· for the consideration herein- after named~ agreed as follows: 25 CONTRACT AGRL[MENT (Continued) Artlclel. WORK TO BE DONE The Contractor shall (a) furnish all the mater~alsf oppllancest tools and labor of every kind required, and construct and complete the work in tl~e most substantial and workmanlike manner~ as shown in the Plans and in accordance with the ' "Standard Specifications" of January 2t 1973; of the New York State Department of Transportation as amended which contain the General Specifications and Conditions of Contract, Materials o£ Construction and Payment Items; and (b) do everything required by the Contract (Contract Docu- merits) as defined herein. 26 CONTRACT AOREEME l'lT ¢Contlnued) Article 2. DOCIJM[~TS FORM Ii',IG TIlE CONTRACT The Contract (and Contract D~cuments) shall be deemed to include · the "Notlce to Bidder¥', the "Specifications" rel~erred to above: the plans, any addenda to specifications if the same am issued prior to the date of recelpt of proposal; special specifications: and all provisions required by law to be inserted in the Contract whether actually inserted or not. The New Yorf< State Department of' Transportation Speclflcatio. ns of January 2, 1973~ a~ amended, referred to om intended to apply to this con- tract as though the Town of' Southold were the State of New ¥or~. References to the Superlntendent and District Engineer shall be construed to mean the Engineer and r~f'erences to the Department shall be construed to mean the office of the Engineer, Chas. H. Sells, Inc., 11 Farmingdale Road, West Babylon, New York. Part Ij Part II and Part III of the New York State Department of Transportation Standard SpeciFications oF J.anuary 2, 1973, as amended shall be considered applicable to th~s contract. 77 CONTRACT AGREEMENT (Continued) Article 3o EXAMINATION OF DOCUMENTS AND SITE The Contractor agrees that~ before making his proposal~ he carefully examined the Contract Documentst together with the site of the proposed work os well as its ~urrounding terrfforyf and is fully informed regarding all of the condltJons affecting the work to be done and labor and materials to be furnished for the completJon of this contractt including the existence of polesf wlres~ pipes ard other facilities and structures of municipal and other public services corporations on~ over or under the site~ and that his information was secured by personal investigation and research and not from the estimate or records of the Owner~ and that he will make no claim against the Owner by reason of estlrnates, tests or representatJons of any officer or agent of the Owner, 28 CONTRACT AGREEMENT (Continued) Article 4. DA.TE OF START AND COMPLETION The Contractor further agrees that he will begin the work here~n embrace within ten (10) days of.,the date hereof~ unless the consent of. the Owner~ in w~'itlng, is given to begin at a later date~ and that he will prosecute the same so that it shall be entirely completed and ~oerFormed within maximally 45- calendar days. (Base Bid Only) No extension beyond the'date of completion fixed by the terms of this Contract shall be effective unless in writing s~gned by the Owner. Such ex- tension shall be t'o? such t[me and upon such terms and conditions as shall be [ixed by the Ownert which may include a charge For eng[neerlng and inspection expenses actually incurred upon the work. Notice of' Application for such tension shall be fiied with ~'he Owner as soon as it is evident that there will be a problem meeting the date of completion fixed by the terms of' this agreement or at least thirty (30) days prior to that date whichever is greater° The number of contract da.ys will automatically be increased it' it is in the best interest of the Town to accept any or all ol' the alternates. The maximum number of days allowed l'or the base bid plus both alternates will be 29 CONTRACT AGREEMENT (Continued Article 5o ALTERATIONS AND OMISSIONS The said work shall be per£ormed in accordance with the true intent and meaning of the Contract Documents wffhout any further expense o f any nature whatsoever to the Owner other than the consideration named in this agreement, The Owner reserves the rlghtt at'any t~met during the progress of' the work~ to alter the plans or omit any ForHon of' the work as it may deem reasonably necessary for the p.ubllc interest; making allowances for additions and deduct- tJons at the prices named in the proposal, for this work without constituting grounds for any claim by the Contractor for allowance for damages or for any loss of anticipated profitsf or for any variations between the approximate quantities and the quanHties o~' the work as done~ 30 CONTRACT AGREEMENT (Continued) Article 6, NO COLLUSION OR FRAUD ]'he Contractor hereby agrees that the only person or persons interested as principal or prlnc[pals in the bid or proposal submitted by the Contractor for th~s contract are named herein, and that no person other than those men- tioned herein has any interest in the above-men!ioned proposal or in the securing of the award, and that this contract has bee~ secured without any connect[on with any person or persons other than named, and that the propo- · sal is in all respects fair and was prepared and the contract was secured with- out collusion or fraud and that neither any officer nor employee of the Owner has or shall have a financial interest in the performance of the contract or in the supplles~ work or business to which it relates, or in any portion of the profits thereof. 31 CONTRACT AGREEMEN.I' (Contlnued Article 7. NO ESTIMATE FOR CONTRACTOR'S NON-COMPLIANCE It is further agreed that so long as any lawful or proper direction concern- lng the work or material given by the Engineer shall remain uncomplled wlth~ the Contractor shall not be entitled to have estimate made for the purpose of payment~ nor sl~all any estimate be rendered on account of work done or material furnished until such lawful or proper dlrectlon afqresaid has been fully and satl sfactorily complied with. Article 7A. PAYMENT OF ESTIMATES On the faithful performance of the work of the contract and its acceptance by the engineer of the Owner, the Owner hereby agrees to make payments to the Contractor therefore based upon the proposal made, a pa~i' of this contract in the following man'ner, to wit; the Engineer shall once each month, on such days as he may fix~ make an estimate of the quantity of work done and of material which has been actually put in place ~n accordance with the terms and conditions of the contract, during the preceding momth and compute the value thereof~ and the Owner shall pay to the Contractor all monies due as compated in said estimate as completed and. accepted. If~ however, the amount earned by the Contractor in any one month except the month in which the final estimate is rendered should be less than five (5) percent of the contract amount or $1 ~000~.00~ whichever is the lesser~ no monthly estimate will be given for that month. 32 CONTRACT AGREEMENT !Continued) Article 8 FINAL ACCEPTANCE OF WOI~K When~ in the opinion of the Engineer~ a contractor has fully performed the work under the contract~ the Engineer shall recommend to the Owner the acceptance of the work so completed. If the Owner accepts the recommenda- tion'o£ the Englneer~ they shall thereupon, by letter, notifY the Contractor of such acceptance. 33 CONTRACT AGREEMENT (Continued) Article 9 FINAL PAYMENT After the final acceptance of the workt the Engineer shall prepare a final estimate of the work done from actual measurements and computations relating to the same~ and he shall compute the value of such work under and according to the terms of the contract. This estimate shall be certified to as to its correctness by' the Engineer and shall be submitted to'the Owner for approval. The right~ howevert is hereby reserved to the Owner to reject the whole or any portion of the final estimate~ should the said certificate of the Engineer be found or known to be inconsistent with the terms of the agreement or otherwise improperly given. Within thlrty(30) days of the final estlmate~'the monies found to be due and owing to the Contractor shall be pald, As security for compliance with Article 10 before final payment for the work in th[s contracl'~ the Contractor agrees to give a maintenance bond for a perlad of one (I) year~ and any additional guara'n~ees as outlined in the specfflcati'ons~ witth a surety company acceptable to the Owner For 100%.of the total amount of the contract as shown on the Engineers final certificate, 34 CONTRACT AGREEMENT (Coqtlnued) Article 10. CONTRACTOR'S GUARANTEE The Contractor hereby agrees to repair any imperfections that may ar[se and to maintain, in a manner satisfactory to the Owner~ all of his work for a period of one (1) year from the date.of final acceptance of the contract. The Contractor also agreest for this per[odt to indemnify and save harmless the Ownert its officers and agents from any injury done to property or persons as a direct or alleged result of imperfections in his work. 35 CONTRACT AGREEMENT (Continued) Article II. RIGHT TO SUSPEND WORK & CANCEL CONTRACT It is further mutually agreed that if a ny time during the prosecution of the work the Engineer shall determine that the work upon the contract is not belngperformed according to the Contract~ or for the best interests of the Owner~ that the Engineer may suspend or stop the work under the Contract while it is in progress~ and that the Owner shall thereupon cause the work to be completed~ in such manner as will be [n accord with the Contractp plans and specifications and be in the best ~nterest of the Owner. Whenever tt!e Engineer determines to suspend the ~o ri< or stop the work under the Contract, he shall immediately nofffy the Owner in writing who shall send a written notice of such suspension by mall to the Contractor at his address and to the sureties at their respective addresses and such writte.'~ notice shall be sufficient notice of the Owner~ action in th'e premises, 36 Article 12. CONTRACT AGREEMENT (Continued) DETERMINATION A5 TO VARIANCES In case oF any ambiguity in the planst specifications or maps, or between any of them~ the matter must be immediately submitted to the ,Englneer~ who shall cause the same to be adjustedt and his decision in relation thereto shall 'be final and conclusive upon the parties. 37 CONTRACT AGREEMENT (Continued) Article 13o REMOVAL OF REJECTED WORK & MATERIAL The Contractor agrees that all work or material which may be rejected by the Engineer shall be at once removed from the sJte of the work by the Contractor at his own expense~ and replaced by work or material satisfactory to the Engineer, 38 CONTRACT AGREEM£N]' (Continued) A'rticle. 14 SUBLET[IKIG OR ASSIGNMENt The Contractor shall not assign, transfer, conveyt sublet or otherwise dispose of this contract or of his right, title or interest in or to itt or any part thereoff or his power to execute'it or assignf by power of attorney or otherwise, any of the monies due or fo become due under this agreement unless the previous written con- sent of the Owner shall be first obtained thereto, and giving of any such consent to a particular subcontract or assignment shall not dispense with the necessity otr such consent to any further Or other subcontracts or c~slgnmentso Before making any subcontractst the Contractor nlust submit a written state- ment to the Owner giving the name and address of the proposed subcontractort the portion of the work and materials which he is to perform and Furnish any satlsfac-' tory evidence tending to prove that the proposed subcontractor has the necessary facilitles~ skillt integrity, experience and financial resources to perform the work in accordance with the terms and cond[tlons of this contract. At the same timet the Contractor must furnish the Owner with a certificate bf workmens compensa- tion coverage of the employer of the proposed subcontractor. If the proposed subcontractor is approved, the Contracl;or shall promFtly, upon" request~ file with the Owner a c'~n£ormed copy of the subcontract. The Owner may revoke approval of the subcontractor whent in its uplnlont such subcontractor evidences an unwilllngness or inability to perform the work in strict accordance with this contract. No c~ signment will receive approval unless the instrument of assignment con- talns a clause to the effect that the Funds to be paid the assignee are subject to a prior lien for services rendered or materials supplied for the performance of the work in favor of all personst firms or corporations rendering such services or supplying such materials. 39 CONTRACT AGREEMENT (Cont:inued) Article 14, SUBLETTING OR ASSIGNMENT (continued) The Owner's approval of the subcontractor shall not relieve the contractor of any of his responslbilltiest duties and liabili~ies hereunder. The Contractor shall be solely responsible to the Owner for the acts or dei:ault of his subcon- tractors and of such subcontractor~s offi..cers~ agents and employees~ each of whom shall for all purposes be deemed to be the agent or employee of the Contractor, Nothing conta[ned in the contract documents shall create any contractural relationship between the sub~-contractor and the Owner, A~icle 15. CONTRACT AG REEMENT LABOR LAW The Contractor specifically agrees to conform to all provisions o~' the Labor Lc~v of the State of New York applicable to the employment ol: labor at the site of the proiect and to the applicable laws of the Federal Government, including the Davis Bacon Act. Schedules o£ the minimum hourly wage rates a~ determined by the Industrial Commissioner of the State of New York and the Federal government pursuant to the Labor Laws is intended to comply with suc,~ laws and are included herein. 4] Afflcle 16 CONTRACT AGREEMENT (Cont~inued) EXTENT OF THE OWNERS LIABILITY The Contractor specif[cally agrees that the contract shall be deemed executory only to the extent of the monies available~ and no liability shall be incurred by the Owner beyond the monies available for the put- pose. 42 CON tRACT AGR LEMLNT.(Continued) Article 17. INSURANCE The Contractor agrees to'procure and maintain during the llfe of this con- tract, insurance of the kinds~ types and limits required by the State o£ New York in the "Standard Specifications" of January 2~ 1973~ as amended~ or specifically required. The Contractor shall £urnish tile Owner a certificate or certificates of insurance in form satisfactory to the Owner~ which certificates ~hall llst the various coverages and shall state that the policies shall not be changed nor cancelled until thirty (30) day's notice has been given to the Owner. The Contractor shall not permit any subcontractor to begin work on the contract until such subcontract is offldally approved by the Owner and u~tll oil necessary insurances covering said subcontractor are on file with the Owner. See page 9, paragraph 0, Information for Bidders. 43 CONTRACT AGREEMENT (Continued) Article 18. INCREASE - DECREASE QUANTITIES In entering into this contract~ the Contractor agrees that the quantities of work as stated in the Notice to Bidders~ or indicated o~ the plans or in the speciflcationst are only approximate and, that during the progress of the work~ the Owner may find Jt advisable and it shall have the right to omit portions of the work and to increase or decrease the quantities. The Contractor shall and will at no time make claim for antJcipated profit or loss or profits~ because of any difference between the quantities of the varlou~ classes of work actually done~ or of the material actually furnished and the said e:stimated quantities. 44 C~NTRACT AGREEMENT (Continued) Article 19, ADDITIONS - DEDUCTIONS - DEVIATIONS The Contractor, in entering into this contractt understands that the Owner reserves the right to modlf'y the same with respect to the arrengement~ charactert alJgnment~ grade or size of' the Work or appurtenances whenever, in its opinlon~ it shall deem it necessary or advisable to do so. The Contractor shall and will accept such modifications, including additional locations, when ordered [n writing by the Owner through the Engineer and the same shall not violate or void this ~ontract. The Owner's determination oFony such additional compensation or of any such deduction shall Be based upon the bids submitted and accepted. In any event, no modifications in the work shown on the plans and described in the specifications shall be made~ unless the nature and extent thereof has first been certified by the Owner in wriHng and sent to the Contractor. 45 A~icle 20, CONTRACT AGREEMENT (continued) CONTRACTOR'S LIABILITY The Contractor shall be responsible for all damage to life and property due to acHvit~es of the Contractor~ h]s sub-contractors~ agents or employees~ in.connectlon wlth his services under thls'Agreement. The Contractor specifi- cally agrees that his sub-contractors~ agents or employees ,sh~ll possess the expedence~ knowledge and character necessary to qualify them [ndivldually for the partlcular duHes they perform. Further~ it is expressly understood that the Contractor shall indemnify and save harmless the Owner from claims sults~ actlons~ damages and costs of every'name and descripHon resulting from the negligent penCor~ance of the services of the Contractor under thls Agreement, and such indemnification shall not be reason of enumeration of any insurance coverage herein provided. Negligent perfo~nance of serv]ce~ within the meaning of this Artlcle~ shall ~nclude~ in addlti!on~ to negligence founded upon tort~ negligence based upon the Contractor's failure to meet professional standards and resulting in obvious or patent errors in the progres- sion of his work. Nothing in th[s Article or in this Agreement shall create or give to third parties any claim or right of~actlon against the Contractor or the Owner beyond such as may legally exist irrespective of this Article or tbs Agree ent. 46 CONTRACT AGREEMENT !continued) Article 21, SHOP OR SETTING DRAWINGS The Contractor shall submit promptly to the Engineer two caples of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid, Shop drqwlngs at the time of submission to the E~,gineerf must bear. the stamp of approval of the Contractor as evidence that such drawings and/or details have been checked by the Contractor, Any drawings submitted w]thout such stamp of approval will be returned to the Contrac~or for resubm~sslon and will not be considered; in such event it will be deemed that the Contractor has not complied with the requirements of this Artlclet herein specifiedf and shall bear the risks of delays as if no drawings or details at all had been submitted, Shop drawings wh?ch involve change or variance with Contract Drawings shall be so noted by Contractor, Engineer shall be duty advised~ in wr!tlng~ at the time of submission of drawing of recommended change and reason therefor, After examination of such drawings by the Engineer and the return thereof~ the Contractor shall make such corrections to the drawings as have been indicated and shall furnish the Engineer with two corrected copies, Regardless of corrections made in or approval given to such drawings by the Englneer~ the Contractor will nevertheless be responsible f'or the accuracy of such drawings and for their con- formity to the Plans and Specifications~ unless he notifies the I=ngineer~ in writing of any deviations at the time he furnishes such drc~vings, 47 CONTRACT AGREEMENT (continued) Artlcle 22° MATERIALS~..SERVICES AND FACILITIES It is understood thatt except as otherwise specifically stated in the contract documentst the Contractor shall provide and pay for all materJals~ labor, equJpmenb water~ IJght~powert transportatJon~ superintendencet temporary Const~ctJon of every n.ature~ and all other services and facilities of every nature whatsoever necessary to execute~ complete~ and clelJver the'work within the specified tJmeo Any work necessary to be performed after regular hourst on Sundays or Legal HolJdays~ shall be performed without addiHonal expense to the Owner and shall be undertaken only upon approval by the Labor Department or other iurJsdlctlonal governmental agencies, 48 CONTRACT AGREEMENT - (continued) Article 23, INSPECTION AND TESTING OF MATERIALS All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. The Owner will pay f'or all laboratory inspection ser. vice direc:t~ and not as a part of the contract. Materials oF construction, particularly those upon Which the strength and durability o£ the structure may dependt shall be subject to insiaection and testing to establish con'£ormc~nce with specifications and suitability for uses ~ntendedo 49 Article 24. CONTRACT AGREEMENT (Continued) SURVEYS, PERMITS, AND REG ULATIO NS, Unless otherwise expressly provided for in this contract, the Owner will furnish to the Contractor vertical and horizontal control points. It is the Contractor s respons~bdtty to verify data and to survey the project himself for construction purposes. The Contractor shall p~'ocure and pay for all permits, licenses and approvals necessary for the execution of this contract. The Contractor shall comply with all laws, ordinances, rules, · orders, and regulations relating to the performance of the worE, the protection of adjacent property~ and the maintenance of passageway:s, guard fences or other protective facilities. It shall be the contractor's responsibility to obtain any and all bonds and insurances required by any and all municipalities prigr to obtaining the required work permits. 5O CONTRACT .~GREEMENT (co~'~nued) ' Article 25. CONTRACTOR'S OBLIGATIONS The ContraCtor shall and will, [n good workmanlike manner, do and perform all work and Furnish all supplies and materials, machinery, equipment, Facilities and means, except as herein otherwise expressly specified, n.~cessary or proper to perform and complete all the work required by this contract~ within the time herein specified~ in accordance with the provisions of this contract and said specfflcat[ons and in accordance with th'e plans a.nd drawings covered by this contract and any and all SUl~emental plans and drawings~ and in accordance with the directions of the Engineer as given From time to time during the progress of the work. He shall Furnish, erect~ maintain and remove such construction plant and such temporary works as may be required. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and limitations of the contract and specifications, and shall do, carry on, and complete the entire work to the satisfaction of' the Engineer and the Owner. 51 CONTRACT AGREEME.NT (Continued) Article 2~. WEATHER CONDITIONS In the event of temporary suspension of workt or during inclement weathert or whenever the Engineer shall direct.~ the Contractor willt and will cause his subcontractors to protect carefully his and their work and materials against dam- age or injury from the weather. If~ in the opinion o f the Englneerf any work or materials shall have been damaged or inrured by reason of failure on the part the Contractor or any of his subcontractors to so protect his work~ such materials shall be removed and replaced at the~ expense of the Contractor. 52 CONTRACT AGREEMENT Article 27, PROTECTION OF WORK AND PROPERTY The Contractor shall at all times safely guard the Ownerfs property from ~n[ury or loss in connection with this contract, He shall at all times safely guard and protect his own work~ and that ot~ adjacent property~ from damage, The Contractor sh~ll replace or make good any such darnage~ loss or injury shobld be dau.sed directly by errors contained in the contract or by the Owner~ or his duly authorized representatives, ~ CONTRACT AGREEMENT (Continued) Article 28. INSPECTION The authorized representahves and age ts o£ the e,f.~qce o{~ the owner shall be permitted to inspect all work~ materials, payrolls, records of' personne!~ invoices of. materials, and other relevant data and ~'ecords. 54 CONTRACT AGREEMENT (Continued) Article 29. REPO, RTS, RECORDS AND DATA The Contractor shall subrnlt to the Owner such schedule af quantities and costsv progress schedules, payrollsv reports~ estlrnates~ record.,~ and other data as the Owner may request concerning work per£orrned or to be perf'orrned under this oontrac, t. S~e attached Ferrn 257~Monthly Utilization Report~" weekly payroll .reporting form WH3.47, Contractors Certification ~:oncernlng Labcr Standards and P~evaillng Wage Requirements HUD1421~Sub-contractor~s CertiFication concerning Labor Standards and Prevail[ng Wage Requirements. HUD t421 and Contractor's' Statemen( o£ Compliance. 55 CONTRACT.AGREEMENT (continued) Article 30. EXTRAS Without invalidating the contract~ the Owner may order extra work of' the kind bid upon or make changes by altering, adding to or deducting from t~e work, the co~tract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the pr[ce stipulated in the proposal~ and no claims for any extra work or materials shall be allowed unless the work is ordered in wrlt[ng by the Owner or its Eng[neer, acting officially for the Owner~ and the price as stated in the order. CONTRACT AGREEMENT (Continued) Article 31. RIGHT OF THE OWNER TO TERMINATE CONTraCT. In the event'that any of the provisions of this contract ore violated by the Contractor~ or by any of his subcontractorsv the Owner may serve written notice upon the Contractor and the Surety of ifs intention to terminate the contractv such notices to contain the reasons for such intention to termi~ate the contract~ and unless ~vithln ten (10) days~ after the serving of such notice upon the Con- tractor~ such violations or delay shall cease and satisfactory arrangement or correction be rnade~ the contract shall~ upon the expiration oJ? said ten (10) days~ cease and terminate. In the event of any such terminatloh~ the Owner shall immediately serve notice thereof upon the Surety and the Conl'ractor~ and the Surety shall have the right to take over and perform the contrc~ct: Provided~ however~ that if' the Surety does not commence performance thereof wffhln ten (10) days from the date of the mailing to such Surety of notice of termination, the Owner may take over the work and prosecute the same to campier;on by con- tract or by force account for the account and at the expense at: the Contractorv and the Contractor and his Surety shall be liable to the Owner for any excess cost occasioned by the Owner thereby~ and in such event the Owner may take possession of and ut]llze in completing the work~ such materials~ appliances~ and plant as may be on the site at'the work and necessary therefore. 57 CONTRACT AGREEMENT (continued) A~cle 32. MUTUAL RESPONSIBILITY OF CONTRACTORS Il't through acts of neglect on the part of the Contrcrctor, any other Con- tractors or any subcontractor shall suffer loss of damage on. work, the Contractor agrees to settle wJth such other Contractor or subcontractor by agreement or arbl- tratJon if such other Contractor or subcontractor will so setttle. It: such other Con- tractor or subcontractor shall assert any claim against the Owner on account el~ any d~'nage alleged to have been sustaJnedt the Owner shall n3tify the Contrac- tort who shall indemnify and save harmless the Owner against any such claim. 58 CONTRACT AGREEMENT (continued). Article 33. SAFE'I'Y & HEALTH REGULATIONS FOR CONSTRgCTION In order to protect the lives and health of. his employees under the Contractt the Contractor shall comply with all pertinent provisions of the Contract Work Hours and S.af.ety Standards Ach as amended~ commonly known as the Construction So, fety'Act as pertains to health and safety standards~ and shall ma[ntaln an ac- 'curate record of. all cases of' deathv occupational ~liseasev and injury requiring medical attention or causing loss of. time from work~ arising out of. and in the course of. employment on work under the contract, The Contractor alone shall be responsible for the safety~ ef.ficlency~ and adequacy of h~s ptant~ appliances~ and methods~ and for any damage which may result f.rom their failure or the improper construct~on~ malntenancev or operation. 59 A~icle 34. CONTRACT AGREEMENT (conti~nued) EMPLOYMENT OF LOCAL LABOR The mcxlmum feasible employment of local labor shall be made in the con- ' strucfion oF publi.c works and development facility projects receiving direct Federal grants. Accordlngly~ every Contractor and subcontractor undertaking to do work on any such project which is or reasonably may be done as on-site workt shall employt ~n carrying out such contract work~ qualified persons who regularly reside in the designated area where such project is to be ocated~ or in the case of Economic Development Centers~ qualified persons who regular ly reside in the center or in the adjacent or nearby redevelopment areas within the Economic Development Distrlct~ except: a. To the event that qualified persons regularly residing [n the designated area or Economic Development District are not available. b, For the reasonable needs of any such Contractor or :~ubcontractor~ to employ supervisory or specially experienced individuals nec:essary to assure an effi- clent execution of the contract· c. For the obllgaHon of any such Contractor or subcontractor to offer employ- ment to present or former employees as the result of a lawful collective bargaining contract~ provided that in no event shall the number of non- resident persons employed under this subparagraph exceed fifty percent of the total number of employees employed by such Contractor and his subcon- tractors on such project. Every such Contractor and subcontractor shall furnish the United States Employment Service Office in the area in which a public works or development facility project is located with a llst of all positions for' which it may from time to time require laborerst mechanics~ and other employeest the estimated numbers of employees required in each classification, and the estimated dates on which such employees will be required. Afl , CONTI~CT AGREEMENT Article 34. EMPLOYMENT OF LOCAL LABOR (Continued) The Contractor shall give full consideration to all qualhqed job applicants referred by the local employment servJce, but is not requl, red to employ any job applicants referred whom the Contraclor does not confider qualified to perform the classification of work required. The payrolls malntalhed by the Contractor shall contain the following infor- mation. The employee's full name~ address and social security number and a notation JndlcatJng whether the employee does~ or does not~ normally reside in the area in which the project is located, or in the case of an Economic Develop- ment Center, in such center or in an adjacent or nearby redevelopment, area within the Economic Developmenl District as well as an indication of the ethnic background ot' each worker. The Contractor shall include the provisions of' this condition in every sub-- contract for work which is~ or reasonably may be~ done as on-sii'e ~rko 61 CONTRACT AGREEM.E.~JT (Cor:tinued) Article 35. CLEAN AIR ACT & FEDERAL WATER POLLUTION CONTROL ACT The Contractor agrees to comply with Federal clean air and water standards during the performance of this contract and specifically agrees to the following: a. The term '~facil]ty" means (a) any bu~ld~ngf plant, installatlonf structure~ mine~ vessel o~ other floating craf}, Iocati6n or site of operations (b) owned, leased~ or supervised (c) by lhe con!racier and the subcontractors (d) for the construcl'ion, supply and service contracts entered into b? the contractor. b0 That any facil~ty to be utilized [n the accomplishment of this contract is not listed on tile Environmental Pr6tectlon Agency's List of Violating Facilities pursuant to 40 CFR~ Part 15.20. co That in the event a fadl[ty utilized in the accom;lishment of this contract becomes listed on the EPA list, this contract may be cancelled~ terminated or suspended in whole or in part. d. That it w]It comply with all the requirements of Sectlon 1[4.of ~he Air Ac! and Section 308 of the We!er Act relating to inspection~ monitoring~ entry~ reports~ and information~ as well as all other requirements specified in Section 114 and Seclion 308~ respectively, and all regulations and guide- lines.issued thereunder, That ir'will promptly notify the Government of the receipt of any notice from the Director~ Office of Federal Activities~ Envh'oementa[ protection Agency, indicating that any facility utilized or to be utilized in the ac- complishment of this contract is under consideration for listing on the EPA list of Violating Facilities, That it will include the provi, s~ons of paragraph a. through g. in every sub- .contract or purchase order entered ~nto for the purpose of accomplishing this contract~ unless otherwise exempted pursuant to the EPA regulations implementing the Air or Water Act (40 CFR~ Part 15.5), so that such pro- visions will be binding upon each subcontractor or vendor. ge Th6t in lbo event that I'he con!reactor or the subconlractors for the construc- tion~ supply and service conhacts entered int'o for the purpose of accomplish- lng this conlract were exempted t:rom complying with Ih, above requirements under the provis]on~ of 40 CFR, Pa~J 15.5 (~)~ the exemption shall be nullified should the facility give ils, to a criminal conviction (See 40 CFR~ Par 15o20) during the accomplishment of this conlract. Fu~Jhe~more~ with Ih, nullif'i- cation of the exemption, the above requirements shall be effecl'ive. The contractor shall notify tile Govemment~ as soon as the conlractor or the sub- contractors facility is llsled for having given rise lo a criminal conviction holed in ~'*0 CFR~ Parl 15.20. 62 CONI'RACT AGREi!MENT' (Contin0ed) Article 36. SUCCESSORS AND ASSIGNS This agreement shall bind the successor, assigns and representatives of lhe parties hereto. IN WITNESS WHEREOF, the parties have herdunto set their hands and seals, and such oF them us are corporations have caused these presents to be signed by their duly authorized officers. TOWN OF SOUTHOLD gwner '~,/, ' Supervisor Party of the First part By.: Palty of Ihe Second Past 63 STATE OF NEW YORK COUNTY OF SS,: On th~s D, ~ Nineteen Hundred and day of ~<.f ;J~ the duly elected~ qualified and acting of the "~e ~,, ~ ~ before me personally appeared the corporation described in and which executed the foreg;ing instrument, 1o me known and known to me to be such and he being by me duly sworn did depose and say: that he is that he redde.s at p,~_~ ]~,~$ / that he knows the corporate seal o~ the sald~ , New York; that the seal affixed to said instrument is such corporate seal; and that he executed the same as for the purposes therein mentioned. New Yo~k, No. ,~.~-r:3¢fz?~ NOTARY PUR. LIC, State of New York ;. r' No. 52 03449(;3 Suffolk Count~/ Commission Expires March t/~.,'KnOwleagemen! I)y L. ontraclor~ ir~.LJlViCJuaJ) STATE OF NEW YORK ) ) COUNTY OF ) On this day of , 19 , before me personally appeared to me known to be the person described in, and whb executed the forbgolng instrument and who acknowledged that he executed the same. (Seal) Notary Public New York, No. Term Expires (Acknowledgement by Conh'actor, if a Partnership) STATE OF NEW YORK ) COUNTY OF ) . On this day of before me personally come to me known and known to me 1o be o membfr of ,19 the firm described in and which executed the foregoing instrument and he acknowledged to me :!hat he subscribed the nome of said firm lhereto on behalf of said fh'm for the purpose therein mentioned. Notary Public New York, No. Term Expires 65 (Acknowledgement by Contractor, if a Corporation) STATE OF NEW YORK ) ) COUNTY OF ) On this ,~ ~ day of ~'C~r~l,~ ,-~ , 19 ~'/ before me personally came ~/./,] 0/~ ~.,~.--~ 2~- j'~,,' to me known, who being by me duly sworn, did ~ejS'~'se'and say that he resides at of the u' ~,~,'2,~ ~) ~ ~ .--/~,, t lhe corporation described ~n ~n'~-wh~ch executed'~he for~golng instrument; that i~e knows the seal of said corporation; that the seal affixed by order o[ the Board o£ Directors of' sa~d corporation, and thai be signed his name thereto by llke order. ,.~Jola ry Publ:c ~ New York, No.._4~--,°-~:~-Z~3 JUDITH T TERRY pUt,t_1.,, Sta~e of New York NOTARY ' n 66 FAITHFUL PERFORMANCE BOND TOWN OF SOUTHOLD STATE OF NEW YORK KNOW ALL MEN BY THESE PRESENTS, THAT we? "PRINCIPAL") and the laws of the State of having 7~ "SURETY") are he~d and firmly bound BOND NO. ' .~ J~' - ~ ' (hereinafter called the ~c~ea[ec~ and ex~s[~ng undec principal office in , (hereinafter called the unto the Town :if Sou~hold, !New York (hereinafter called the Town in the full and just sum of: Dollars ($ ~'~;~, ~ ) good an, d lawful money of the United States o~ America, for the payment of which said sum of money well and truly to be made and done, the said PRINCIPAL binds executors and administrators, successors and assigns, binds itself, its successor and assigns jointly and these presents. Signed and sealed this ~ ~ day of ~- # himself, his heirs, and the said SURETY severally, firmly by WHEREAS, said PRINCIPAL has entered' into a certain written contract, bearing date of ~,~, ~ day of J~L- , 19. ~/ , with the Town 67 FAITHFUL PERFORMANCE BOND (Continued TOWN OF; SOUTHOLD STATE OF NEW YORK NOW THEREFORE, THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that if the said PRINCIPAL shall well, truly and faithfully comply with and perform all the terms, covenants and conditions of said contract on his part to be kept and performed, according to the true intent and meaning of said contract, and shall protect the said Town against, and pay any and all amounts, damages, costs and judgements which may or shall be recovered against said Town or its officers or agents or which the said Town may be called upon to pay person or corporation by reason of any damages arising or growing out of the doing of said work, or the repair or maintenance thereof, or the manner of doing the same, or the neglect of the said PRINCIPAL or his agents or servants, or the improper performance of the said work by the said PRINCIPAL, or his agents or servants, or the infringement of any patent or patent rights by reason of the use of any materials furnished or work done as aforesaid or otherwise, then this obligation shall be null and void, otherwise to remain in full force and virtue. And the said SURETY, for value received, hereby stipulates and agrees, if requested to do so by the Town, to perform and complete the work mentioned and described in said contract, pursuant to the terms, ,conditions and coven- ants thereof. If for any cause, said PRINCIPAL fails or neglects to so fully perform and complete said work, the said SURETY further agrees to commence said work of completion within twenty days after notice thereof from the Town and to complete the same with all due diligence. And the said surety fo~ value receive~ hereby stipulates and agrees that no change, extension, alterat'ion or addition to the terms of this contract or specifications accompanying the same shall in any way affect its obligation of this bond, and it does hereby waive notice of any such change, extension, alteration or addition. (SEAL) (SEAL) PRINCIPAL Title: SL)RETY 68 FAITHFUL PERFORMANCE BOND (Continued), TOWN OF SOUTHOLD STATE OF NE~ YORK (The Surety Company must append Statement of its. financial condition, and a copy of the resolution authorizing the execution of Bonds by officers of the Company). (Acknowledgement by Contractor, if an individual) STATE OF NEW YORK) (ss COUNTY OF ) On this day of , 19 , before me personally came to me known and known to me to be the person described in, and who executed the foregoing instrument, and duly acknowledged that he executed the same. (SEAL) Notary Public County (Acknowledgement by Contractor, if a partnership). STATE OF NEW YORK) (ss COUNTY OF ) On this day of , 19 , ~efore me personally came and appeared to me known and known to me ~o be the person who executed the above instru- ment, who, being duly sworn by me. did for himself depose and say that he is a member of the firm of consisting of himself and and that he had authority to sign same, and he did duly acknowleOge to me that ~e executed the same as the act and deed of said firm of · for the uses anU purposes mentioned therein. (SEAL) Notary Public County 69 FAITHFUL PERFORMANCE BOND (Continued) TOWN OF SOUTHOLD (Acknowledgement by Contractor, if a corporation) NEW YORK STATE OF NEW YORK) (ss COUNTY OF ) On this 2 day of .~.D~L , 19 ~/ , before me personally - to me known, who being duly sworn did depose and say that he resides in ~?z ~)L )k~t~ 'that he is the ~xecNted the foregoing instrument; that he knew th~ seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by the order of the Board of Director~ of said corporation, and that he signed his name thereto by like order. SEAL) JUDITH T TERRY NOTARY PLBLIC. State of New York Commissron Expires March 30, ~../~ 70 FAITHFUL PERFORMANCE BOND (Continued) TOWN OF SOUTHOLD STATE OF NEw YORK (Acknowledgement by Surety Company) STATE OF NEW YORK) (ss COUNTY OF On this ._.-~/..~-~. day , 192/, before me ~ersonally to me known, who being duly sworn, did depose and say that he resides in the / the corporatd~on described in and which executed the foregoing instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, aha that he signed his name thereto by like order. (SEAL) (The Surety Company must append st, atement of its financial contrition and a cOpycompany).Of the resolution ,au~hori zi no'. the, executionk,?/~of ~/~B°nds~g~bY of f i ce);sFg~/~'~ of the 71 L-AB(~R A~ND MATERIAL BOND TOWN OF SOUTHOLD STATE OF NEW YORK BOND NO. KNOW ALL MEN BY THESE PRESENTS; that we of ~,~ ~)~6~m~ (hereinafter called the "PRINCIPAL") created and existing under the laws of the State of (hereinafter called the "SURETY") are held and firmly bound unto the Town of ~-hoJ~-New York, (hereinafter called the "Town") in the full and just sum . . · good and lawful money of the United States of America, for the payment of which sum, well and truly to be made and done, the said PRINCIPAL binds himselfC his heirs, executors and administrators, successors and assigns, and the said SURETY binds itself, its successors and assigns jointly and several- ly, firmly by these presents. Signed and sealed this ~ day ofS~)L~ _,19~'1 #-- WHEREAS, said PRINCIPAL has entered ,into a certain written contract, bearing date of ~'~ day ofS~ ~L~ , 19_~ , with the Town for ? WHEREAS, in accordance with certain provisions of the said contract a bond is required guaranteeing prompt payment of monies due to all persons supplying the contractor of subcontractor with labor and materials employed and used in carrying out the con~ract, which bond shall insure to the benefit of the persons supplying such labor and materials. NOW THEREFORE, THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that if the said PRINCIPAL shall promptly pay all monies due to all persons supplying the contractor or subcontractor with labor and materials mnployed and used in carrying out the contract, then this obligation shall be null and void, otherwise, to remain in full force and virtue. 72 LABOR AND MATERIAL BOND (Continued) TOWN OF SOUTHOLD STATE OF NEW YORK IN and the Said SURETY has caused this instrument to be signed by its and its ; and its corporate seal hereunto affixed the day and year first above written. TESTIMONY WHEREOF, the ~aid PRINCIPAL has hereunto set his hand and seal to' be (SEAL) PRINCIPAL Title ~(, (SEAL) SURETY _ · itle ~'.~..~ Attest Title (The Surety Company must append statement of its financial condition and a copy of the resolution authorizing the execution of Bonds by officers of the Company.) 73 LABOR AND MATERIAL 80ND (Continued) TOWN OF SOUTHOLD STATE OF NEW YORK (Acknowledgment by Surety Company) STATE OF NEW YORK) (SS: COUNTY OF ) On this~,~day of , 19f/ , before me personally to me known, who being by me duly sworn, did depose and say that he resides in that he is the corporation described in and which executed the foregoing instrument; that' he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. (SEAL) (The Surety Company must append statement of its financial condition and a copy of the resolution authorizing the execution of Bonds by Officers of the 74 LABOR AND MATERIAL BOND (Continued) TOWN OF SOUTHOLD STATE OF NEW YORK (Acknowledgment by Principal, unless it be a corporation). STATE OF NEW YORK ) (SS: COUNTY OF ) On this day of , 19 before me personally came to me known and know to be the person described in and who executed the foregoing instrument and duly acknowledged that he executed the same. (SEAL) NotarY Public County (AcknOwledgment by Principal, if a corporation.) STATE OF NEW YORK) ($S' COUNTY OF ) On this~I~ day of ~L~ , ! sworn, did depose and say that he resides in of the the cooper'ation described in 19 ~s~} , before me personally came to me know, w))o being by me duly and that he is the and which executed the foregoing instrument; that he knew the seal of said corportation; that the seal affixed to said instrument was such corporate seal; that it was affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order. (SEAL) JUDITH T TERRY ' ~'~'~ NOTARY p o~.~e of New York c No..52-03.~4963 Suffoli< Countyx~. ornrnlsslon Expires Margh 30,/~;~"~ 75 GENJ=RAL CONDITIONS Scope The work under each contract includes all labor, mc~terlals~ equipment and appurtenances required for the complete construction of all items of work necessary or required to make the installation complete and correct in every respect and guaranleed to be substantlal~, safe~ and ready for regular operation and use by the owner. Only new materials will be acceptable for use on the projects. General All materials and workmanship shall be of the best quality and shall be subject to lhe approval of the owner. No deviation from the provisions of the detailed specifications shall be made without written approval o1: the owner. Whenever the words, "lnspector"~ "Fngineer~ "Super[ntendent"~ et. al.t appear in theseS;pecificatlons~ they shall mean the O~vner or authorized agents. Laws and Regulations The Contractor shall comply w[th all Municlpat~ County~ State, 'and Federal Laws and Ordinances and also those of the local utility companies having jurisdiction. All Electric Work shall be installed in strict accordance with the requirements of the National Electric Code, the utility company~ arid all other authorities having jurisdiction at the time of tile execution of the electrical work herein requiredt including all necessary Fire Underwriters inspections and approvals. All building contractors shail conform to the State Building Construction Code~ February 20, 1956 and as amended. The Contractor hereby agrees that he will ascertain all facts neces:ary and giye notices required by Section 1918 of tile Penal Law of tile State of New York and hereby agrees to indemnify the owner and his age'nts~ servants~ and employees~ for and Io hold them harmless against any cost~ damage~ liability, or expense which they or any of them may incur or pay arising out of or connected eilher directly or indirectly, with the Contractor's failure for any reason to ascertain such facts or give such notice. 76 · GENERAL CONDITIONS (Continued) 4. Work Schedule · Thls Work ;s under the highest time prlor~ty and field construction work is to commence w[thln ten (10) days after Award of Contract, The Contractor shall at the execution oi: the Contract~ notify the Engineer in writing o[ the names of sub-contraclors proposed for the principal parts oi: the work and l:or such others as the Engineer may direct and shall not employ any that tile Engineer may~ within a reasonable time object to as incompetent or un[fi. Before start[ng work, the Contractor shall submit to the owner for approval an outllne of h~s proposed methods and manner of execuHng the work including the sequences of operation an~ a time schedule of performing them. Tile Engineer reserves the right to dkect the Contractor.at which points to begin work. Unsatisfactory Progress - Contract Cancellation IFthe Contractor shall not properly man the job wffh the proper personnel and construction equipment in sufficient number so as to malnta~n a reasonable' construction rate each and every working da), until work is complete~ th~ owner ~r their agent shall so notify the Contractor° Thereaft~r~ if Contractor still fails to meet rate oi: construction requirements or place work in accordance with these spedficatlons~ this shall be sufficient cause For the cancellation of this contract at date ot: such default° This dec[sion is the sole discretion of the owner. Ten (10) days after written noffce of ' contract cancellation shall represent approval FoF tile Owner to contact the next lowest responsible bidder to complete the work° All increased costs are to be defrayed by said Contractor~ and or his bonding company. .Survey Surveys For llne and grade will be the responslblfi'ty oi: the Contractor. Vertical and,borizontal conhol points will be established and furnished to the Contractor prior to Ihe start of the work. 7o _Fire Hydrants All hydrants wffh~n or adjacent to the construction lim~ts shall be kept and maintained readily accessible to l:ire apparatus at oil ~imes. No obstruction shall be placed within l:il:teen feet of any such hydrant. 77 GENERAL CONDITIONS (Continued) 8. Necessa~'y Details Not Specifically Mentioned All work called for in the specifications and not shown on the plansf or shown on the plans and not called for in the specificatlonsf shall be furnished and executed by the Contractor as if designated in both these ways and should any work or materials be required which is'not denoted on the plans and specifications either directly or indirectly~ but which is, neverthe- less~ necessary for the praiser carrying out of the intent thereof~ it is under- stood and agreed that the same is implied and required and the Contractor shall perform such work and furnish such materials as fully as if they were completelydellneated and describ, edo 9,, Neatness As the work progresses~ all rubblshv refuse~ and unused materials and tools shall be removed from the site and all work on completion shall be left in a neat and o. rderly cond[tlon ready for use. Upon work compleHonr all work areas shall be caret:ully cleaned up and all excess materiats shall be removed fi'om the site by the Contractor as directed. 10. Inspection of Work All work shall be subject to continuous inspection by the Owner.. The Contractor shall perform any work requested and required for this inspection and shall make all accessible to the owner at all times, The work of the ~nspector will not include ar~y supervisory duties. Supervisory duties will remain the sole responsibilil¥ o£ the Contractor at all tJmes. It shall be solely the resportsibility of the Contractor to see that the plans and specifications are being followed, Failure of the owner to immediately reject any unsatisfactory materials or workmgnshlp or to notiB/the Contractor of his deviation from theSpecificaflons shell not relieve the Contractor of his resp6nsibillty to replace unsatisfactory work, Any materlal or finished work v~hJchv in the opinion of the O, vner~ does not comply with these Specifications shall be removed by the Contractor and replaced at his own cost and expense° 78 ':'G'ENERAL CONDITIONS ~ (Continued) 11 o Sanitary Provisions 12. Sanitary conveniences for lhe use of all persons employed on the work shall be provided and maintaned by the Contractor in sufficient manner~ in such manner~ and at such places as shall be approved. The Contractor shall vigorously prohibit the committing of nuisances at the site of the work· Any employee found violating these provisions shall be discharged and not again employed. Such sanitary conveniences shall be constructed in compliances with all laws~ ordlnances~ or regulations governing the same. Utilities Any utillties encountered during the work shall be maintained and protected in their existing location unless otherwise ~orovidedo The Contractor shall cooperate in every way wilh the owning companies or agencies to make it possible for them to provide uninterrupted service. Trench excavation shall not be started until all gas maJns~ water malns~ and other servJce mains have'been located and flagged by a utility inspector or engineer. A ggs inspector shall be available on this project at all times whenever excavations are in close proximity to gas mains and/or service lines· Any.existing utilities, including individual house servlces~ in the way of proposed storm water drain, shall be readjusted by the supplyJng utility company; except where the utility is publicly ow. ne~. The Engineer shall, whenever possible~ adjbst alignments of storm drains and structures in order to expedite the contract and to prevent unnecessary hardship and expense to any utility company. The Contractor shall notify the utility companies sufficiently in advance of construction to permit ample time to do such work as necessary to provide clearance for the storm d~aln. The Contractor shall satisfy himself as 1o the exact locations and extert of all uHlities that he may encounter in the work. The Contractor's attention is directed to Section .1918 of I'he Penal Law, a~ amended~ that - "The Contractor shall not excavate in any existing streeb highway~ or public place unless notice in writing ,shall have been given at least 72 hours in advance to the person~ corporation or municipality engaged in the d~stribOtlon of gas in such territory"° 13, Protection of Work and Pr'operty The Contractor shall at all times safely guard the public against, and the Owne?s property fi'om injury or loss in connection with the contract. H e shall at all times safely guard and protect the publlc~ his own work and that of adiacent property from damage~ loss or injury. All passageways, guard fences~ lights~ and other facil[tes required for protection by all authorities or local conditions must be provided and maintained· 79 GENERAL CONDITIONS - (Continued) 3. Protection of Work and Property - continued It is further understood and agreed that loss or damage arising out of the nature of the work to be done under this Contract or from any unforseen obstruction or difficulties which may be encountered in the performance of the same or from Ihe action of the elements~ public: or from encumbrances on the line of work or from any injury (lone in consequence of acts or omissions on the part o~' tbe Contractor, subcontracl'orf their employees~ or agents in carrying out any of the provisions or requirements of this Contract shall be borne and assumed by the Contractor 14o No Waiver of Legal Rights The Owner shall not be precluded or estopped by any measurement,' estlmatef or certificate made either before or after the completion and acceptance of the work and payment thereforef from showing the true amount and character or the work pe4'formed and materials furnished by the Contractor~ nor from showing that any such measurement~ estimate or certificate is untrue or incorrectly made nor that the work or materials do not~ in fact~ conform to the contract° The owner shall not be precluded or estopped not with standing any such measu?ement~ estlmate~ or certificate any payment in accordance therewlth~ from recovering from the Contractor or his suretlesf or both, such damages as it may sustain by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the Erigineer~ or any other representative of the owner~ nor any payment for or acceptance of the whole of any part of the work, nor any extension of time~ nor any possession taken by the owner shall operate as a waiver to any portion of the Contract or any power herein reserved~ or Of any right to damages o 15o Subsurface Conditions - Dewatering The Cor~tractor is particularly reminded of the poss'ible encountering of ground water and unsuitable material during his construction operations. Ail excavation for structures and pipelay[ng must be kept reasonably free of w~tero Suff!cient pumps or pumping machinery must be p, rovlded and malntaned in working order by the Contractor. The cost of dewatering shall be included in the appropriate items° 8O GEl'dER, AL CONDITIONS - (Continued) 16. Final Inspection Whent in the opinion of Ihe Contraclort the work or pomtlons thereof is complete and zr~acly for fiaul inspectlont lie shall ;so notify the [ngineer in w~illng and Ih~, [.?g nee~ will mrange lo gl.va the work a minute and Ihorough inspccl ion. Before approval for I'inal pay~nent is given, all work shall be complele in every detail. All building materials, construction equipment, dirt, form work, stakes, shanties~ etc.w shall be cleared from the area', andall piper catch basins, and manholes shall be free from construction dlrtr silt and form work. "17. Consh'uclion P ogress Pbolos Photographs shall be taken by a professional photographer as follows: 1 o Preconstructlon photographs shall show the general area prior to any construction. 2, Monthly photographs shall show the work as it progresses. Four views taken from the same point or as directed by the Engineer. 3' Final photographs shall show the work after it is completed, The following procedure shall be followed for all three of the above cases. The general contras:tar shall deliver four photographs in duplicate (eight prlnts) 8" x 10" in size~ in color~ on glossy doubh-~ w~:igbt paper. All pbolographs shall be i~opezly identilied on the fronl. The lille block fball be imprinled on the lower rlghl side and shall be 1" x 3" in size and shall contuin the following informalion: Conhact Name Town County State ' 'Engineers: Chas. H. Sells, Inc. Conlractor: photographer: Date: print No. View Looking The monlhly p~oyress photographs shall be laken approxlmalely ten days 1o the end of the ,equisition period in ord~r lhal Ih~:y cur} I)e d,_.live,c*d hy the rcqu~sd~on purred. No monlhly rc. quisilions will be processed wilho'~t receipt of Ihe phologruphs. 81 CONTRACT NO.1 1.1 SUMMARY OF WORK GENERAL DIVISION 1 REQUIREMENTS A. GENERAL It is the intent of these specifications that all work shall he performed in a first class manner and that all work to be undertaken shall be done by skilled mechanics qualified in their respective trades. 2. All work described in these specifications and detailed on contract drawings shall be in strict conformance with ANSI Standard Specification A.117.1. the B. STATUS OF EXISTING CONDITIONS Attention of Bidders is at the site, previously be executed. directed to tile fact that there exists erected buildinss in which work shall 2. Bidders shell visit the site; make inspection of work previously performed; accept conditions as they exist; determine effect of existing conditions on all the work: required; incorporate new work adjoining existing as indicated and specified herein. 3, No liability shall be imposed on the Owner nor shall any claim be made by the Contractor for work previously performed which in the Contractor's opinion would affect the work required under this contract· The existing buildings will Le occupied at all times. The Contractors shall not interfere with the utility services (gas, electric, water). Spaces requiring alteration work shall be vacated prior the start of construction. such times to and 6. Occupancy shall not be disturbed excepting at in spaces where and as directed by the Engineer. ITEMS OF EQUIPMENTt DEMOLITION; REMOVALS 1. Items of equipment, including fixed anti portable, shall be removed and relocated as indicated on the drawings or specified herein. Certain items of equipment designated in the field to be retained by the Owner shall be removed to a designated space in the building. Ail items of equipment not desired to be retained by the Owner shall be removed from the site. Items of removal, where called for to be reinstalled, shall be augmented, reconditioned or repaired, as required so aa to match condition prior to removal. Where such items are damaged beyond repair during removal they shall be replaced with new items. ' 1-1 CONTRACT NO. 1 DIVISION 1 1.! SUMMARY OF WORK (Continued) D. DESCRIPTION 1. GENERAL REQUIREMENTS The work for this project consists of the removal of Architectural Barriers From existing two libraries at the Town of Southold. The work shall be performed under one contract and shall include but not be limited to the following: a. MATTITUCK FREE LIBRARY 1) Parking Area a) Location and stake out. b) Construct new parking area. c) Stripe parking spaces. d) Install two parking signs for the handicapped. 2) Main Entrance a) Provide and install new closer with 8 lb. closing tension. b) Remove existing threshold and replace with new, as indicated. c) Remove existing concrete slabs and step~ as indicated. d) Construct new concrete slabs and concrete ramp, as indicated. e) Replace thumb action handle with lever handle. 3) Entry for Handicapped a) Provide and install new closer with 8 lb. closing tension. b) Remove existing threshold and replace with new~ as indicated. 1-2 CONTRACT NO. 1 DIVISION 1 1.1 SUMMARY OF WORK (Continued) 3) 4) GENERAL REQUIREMENTS Entry for Handicapped (Cont'd.) c) Strip topsoil and remove and relocate shrubs, as indicated. d) Widen driveway as indicated. e) Construct new concrete walk. f) Construct a new concrete ramp~ as indicated. g) Provide and install handrail as indica1'ed. h) Provide and install entrance sign. Public Restroom a) Remove existing door, frame and saddle, enlarge opening, as indicated. Provi.rle and install new door~ frame~ hardware and saddle. Door should be self-lock key operated. Provide and install new closer to pull 5 lb. maximum closing tension. Remover relocate and replace toilet accessories. Provide and install grab bars. Install a new light switch as indicated. Remove, relocate and replace fixtures, as indicated. Provide and install a new mirror for handicapped. Provide and install a metal partition (accident prevention). b) c) d) e) f) g) h) 1-3 CONTRACT NO. 1 DIVISION I 1.1 Note: SUMMARY OF wa RK (Continued) 4) GENERAL REQUIREMENTS Public Restroom (Cont'd.) i) Remove existing vinyl floor and replace with ceramic tile floor and base, as indicated. j)Provide and install new ceramic wall tiles, as indicated. k) Provide and install entrance sign. For plumbing requirements - see Plumbing, Division 12 - "General Provision". SOUTHOLD LIBRARY Parking Area a) Construct lwo parking spaces for the handicapped. b) Stripe parking spaces. c) Provide and install two parking signs for the handicapped. Entry for the Handicapped a) Remove existing door and frame and replace with new~ as indicated. b) Provide and install panic hardware, hindges~ etc. c) Provide and install new closer with 8 lb. maximum closing tension. d) Remove existing thresholdand replace with new, as indicated. e) Provide and install handicapped entrance sign. Remove existing concrete platform and steps. 1-4 CONTRACT NO. 1 DIVISION 1 1.1 SUMMARY O F WORK (Continued) 2) GENERAL REQUIREMENTS Entry for the Handicapped (Cont'd.) g) Construct a new concrete platform and steps and a new ramp, as indicated on drawing h) Provide and install handrail~ as indicated. i) Construct a new 4' asphalt walkway. j) Construct a new 10'~X 280 feet long driveway behind library, as indicated in the plans. k) Provide and install removable screen window for ventilation in Front of existing window above entrance door. 3) Public Restrooms a) Remove existing door, frame and window above door. b) Close part of door opening and window opening. c) Construct a new opening for door to the right of existing door. d) Provide and install new door and Frame to match with the existing. e) Provide and install handicapped sign. f) New door closer to pull 5 lb. maximum closing tension. g) Remove and relocate existing toilet accessories. h) Remove and replace existing saddle with new marble saddle. 1-5 CONTRACT NO. 1 DIVISION 1 1.1 Note: SUMMARY O F WORK (Continued) 3) Public Restrooms (Cont'd.) i) Provide and install grab bars. i) Remove existing vinyl fl oor'. k) I) m) GENERAL REQUIREMENTS Provide and install ceramic tiles from floor and walls, as indicated. Remove and relocate existing mirror to be used by handicapped. Provide and install new mirror for general public. 4) a) Hall Remove existing saddle, and replace with new, wood saddle Flush with Finished floor. b) Remove and replace vinyl floor as indicated. 5) Miscellaneous a) Patch and match all disturbed or damaged surfaces. For Plumbing Requirements see Plumbing - Division 12, "General Provision". 1-6 CONTRACT NO.1 2.1 GENERAL A. DESCRIPTION DIVISION 2 S ITEWORK 1. Under this Division, the Contractor shall perform all sitework as shown on the drawings and as herein specified. 2. The eitework shall include but not be limited to the following: a. Horizontal and Vertical Location and Stakeout of all Work b. Excavation and Backfill c. Concrete Sidewalk, Platform and Steps d. Concrete Wheelchair Ramps e. Concrete Curb and Dropped Curb f. Signs g. Pavement Sealing and Marking h. Asphalt Pavement B. REF~RE1;CE STANDARDS 1. Reference standards shall be as hereinafter specified under the specific items of work. .2.2 LOCATION AND STAKEOUT OF WORK The Contractor shall establish the exact vertical and horizontal position of all work from control points which are shown on the. plans. The Contractor shall provide men, instruments and materials and make all necessary computations. The Contractor shall be responsible for the accuracy of his %ork and shall maintain the points he has established throughout the life of the contract. Any error or apparent discrepancies found in the drawinEe or specifica- tions shall be immediately called to the E 9~meer~s attention for . interpretation before proceeding w/th the work. The Contractor shall stakeout all work sufficiently in advance of construction to permit the Engineer to check the accuracy of his work and shall keep the Enginesr advised as to the progress of his stakeout. 2-1 CONTRACT NO.1 DIVISION 2 SITEWORK 2.3 EXCAVATION AND BACKFILL A. GENERAL This work shall consist of excavation, disposal, placement and compaction of all materials that are not provided for under other sections of these specifications and shall be executed in conformance with the lines, grades, thicknesses and typical sections shown on the plans and specified herein. 2. The work under this heading shall include but not be limited to removals of concrete wnlks, curbs, asphalt pavement, and fine grading the finished su~grade of new pavements. B. MATERIALS 1. Backfill ae Backfill shall be suitable material from on-site excavation or borrow approved by the Engineer. If necessary to complete the work, suitable material from borrow shall be furnished by the Contractor at his own expense and shall be subject to the approval of the Engineer. C. CONSTRUCTION DETAILS 1. General The Contractor shall remove all soil, concrete curb, concrete walks and other material and utilize or dispose of these materials as required by the plans and specifications. Ail excavation and backfill work shall 'be executed to the lines and grades shown on the plans and as specified. Existing topsoil shall be stripped and stockFiled in areas designated by the Engineer. Backfill work will not be performed when in the opinion of the Engineer climatic conditions are un- suitable. 2. Drainage and Gradiu8 ae The Contractor shall provide and maintain slopes, crowns and ditches to insure satisfactory surface drainage and to mini- mize the silting of existing pavements and drainage structures. The Contractor shall provide and maintain temporary drainage and pumps to keep excavation water free as directed by the Engineer. All work shall be performed in a workmanlike manner subject to the approval of tlhe Engimeer. 2-2 CONTRACT NO.1 DIVISION ? SITEWORK 2.3 EXCAVATION AND BACKFILL (Continued) C. 3. Surplus Material All excavated suitable material in excess of the quantity necessary for the construction of embankments and backfilling and all excavated unsuitable material other than existing topsoil, shall become the property of the Contractor and shall be legally disposed of off the site by the Contractor at his own expense. Excess topsoil shall be transported and dumped at a location to be designated by the Engineer. Unsuitable Material a. Any material containing concrete, vegetable or organic matter, such as muck, peat, organic silt, topsoil or sod; is not satis- factory for use in fills and backfilling and is designated as an unsuitable material. Certain man-made deposits of industrial waste, sludge or landfill may also be determined to be unsuitable materials. Determinations of whether a specific material is unsuitable will be made by the EmDimeer on the above basis. 5. Pavement Sub,fade The Contractor shall remove all unsuitable material from all areas to be paved and shall shape and compact the subgrade to the lines and grades shown on the plans. Within the limits of the pavement subgrade area, material shall consist of any suitable material having no particles greater than 6" in greatest dimension. Acceptance or rejection will be based on a visual inspection of lihe material by the E~gineer. Where undercutting is required for l:he removal of unsuitable materials in pavement subgrade areas, the Contractor shall place and compact suitable material to the subgrade elevation as specified above. This material shall be from either on-site excavation or borrow sources and shall be furnished and placed at the Contractor's expense. 6. Preparin~ Fine Grade a. All hollows, depressions and ridges which develop under rolling or compaction shall be filled with acceptable fint granular material and shall again be rolled. This process of shaping, rolling and filling shall be continued until no irregularities develop. Upon completion, the surface of the fine grade shall not extend above nor more than 1/2" below, true grade and surface at any location. / / 2-3 DIVISION 2 SITEWORK CONTRACT NO.1 2.3 EXCAVATION AND BACKFILL (continued) C. 7. Excavation & Backfill for Curbs~ Sidewalk & Wheelchair Ramps a. Excavation 1. All excavation required for curbs, sidewalk and wheelchair ramps, platform and steps. 2. Clearance: Sufficient for form work or other work to be performed. 3. Carry curbing to undisturbed soil. Keep loose material and debris out of excavation so curb will rest on solid, undisturbed ;soil. 5. Walks and Ramps: Unless otherwise indicated, excavated to 5" below bottom of concrete slab. 6. Protect against frost until concrete is poured~ 7. Any void spaces encountered under the curb lines fill with 8. Any void spaces encountered outside curb and sidewalk lines fill and compact with suitable or borrowed material. 9. Do not proceed with pouring concrete work until nature of soil has been inspected and approved by 5.g[neer. b. Backfill Fill and backfill material obtained from on-site cutting or excavation or sources located away from the construction site (borrowed) shall be clean sand, gravel, earth or a mixture of these containing no organic matter with a maxi- mum size of four inches. 2. Fill under walks and ramps shall be well graded sand "bankrun" gravel from site or source approved by Engineer. 3. Promptly backfill excavations as work permits, but not before concrete has attained full desigu strength. 4.'Backfill and fill to new surface sub-grades as required. sufficient sound and approved fill materials are not on hand to complete filling operations to required grades, provide same at no extra cost to the Owner. If o Place backfill in uniform horizontal layers. Puddle, tamp or roll as required to make solid. After backfill has settled fill in all depressions to bring same up to grade. 2-4 ~ONTRACT NO.1 DIVISION 2 SITEWORK 2.4 SIGNING A. GENERAL The Contractor shall provide in accordance with the plans by the Engineer. and install all signs necessary for the project or as directed B. MATERIALS AND METHODS Sign panels shall be Aluminum Alloy 6061 - T6 or 6062 - T6. Panels shall be fabricated of sheeting with a thickness of .08 inches. The treatment of the aluminum panel in preparation for the appli- cation of reflective sheeting shall be performed in strict accordance with the recommendations of the manufacturer of the reflective sheeting and shall include removal of all traces of oil film on the panel, etching by acid or other approved process and thorough drying. e Immediately after treatment of panels as specified, reflective sheeting shall be applied to aluminum panels by the vacuum applicator process or mechanical process in strict accordance with the recommendations of the manufacturer of the reflective sheeting. The reflective sheeting shall consist of spherical lens elements embedded within a transparent plastic having a smooth, flat outer surface. The sheeting shall be weather resistant and have a pre-coated adhesive backing. Ail colors shall be reflectlye except black. Handicap parking signage shall be in accordance with the recommendations of the U.S.D.O.T. (FHWA) and as furnished by the 3M Corporation or equal. 5. The color and sign message of the reflective material for each sign shall be as shown on the plans. e When the County Engine,r requires tests to be made, samples. shall be submitted to a laboratory designated by the owner· Each sample shall contain a minimum area of 144 square inches for each thickness of panel used with the number of samples to comprise approximately 1% of the contract quantity. Failure of the samples to,meet all the requirements of the above specifications shall be cause for rejection of all of the material represented by such samples. The Contractor shall pay for all laboratory tests in the event samples fail to meet specifications. 2-5 CONTRACT NO.1 DIVISION, ~ 2.4 SIGNING (continued) SITEWORK A break-away post system consisting oJ~ a combination of sign posts sleeves and anchors shall be furnished and installed. The break-away post system shall consist of pre-drilled, square galvanized 12 gauge tubing as manufactured by the "Telespar" division of the Unitistrut Corporation or ap- proved equal. The system shall be furnished complete with ail necessary hardware. Sleeves, anchors and posts shall be bolted and the sign face shall be fastened te the posts with cadmium plated drive rivets. The installation shall be as shown on the drawings and as directed by the Emg]meer. 10. Where shown on the drawings post anchors and sleeves shall be set in 4,000# concrete as specified under "CAST-IN-PLACE CONCRETE." Where signs are installed in areas with existing concrete walk, the existing walk shall be drilled and the anchors and sleeves shall be driven into place. Any resulting void between the anchors and concrete surface shall be filled to the full depth of the existing concrete with a non-shrinking grout and troweled smooth. In both the driven and concrete footing installation, it is neces- sary that the sign post can be easily removed from the anchor and sleeve assembly when unbolted after all concrete and/or grout is fully set. C. SAMPLES AND DRAWINGS Color samples and scale drawing mark-ulps shall be required for the Eno;meer'$ approval before fabrication of the signs is started. 2. Shop drawings for the break-away post system shall be required for substitution of the specified materials or manufacturer. 2.5 PAVEMENT SEALING AND MARKING A. GENERAL The Contractor shall seal the existing pavement and paint all lines in the areas designated on the drawings. New pavement shall not be sealed· CONTRACT NO.1 DIVISION SITEWORK 2.5 PAVEMENT SEALING AND MARKING (continued) B. MATERIALS 1. Pavement Sealer The sealer shall be a latex fortified coal tar pitch meeting Federal Specification R-P-33D which shall be blended with a plastic latex copolymer emulsion (second application only). This additive shall be mixed on the Job site at the rate of three (3) parts coal tar pitch to one (1) part latex copolymer emulsion. The silica aggregate used in the mix shall be clean, hard and durable, free from clay and organic matter meeting the following gradation: U.S. Sieve Total % Passin~ No.16 100 No.20 80-100 No.30 50-90 No.50 20-60 No.100 0-5 c. The latex fortified coal tar pitch shall be "Jennite J-16" as manufactured by Maintenance, Inc. or an approved equal. 2. Pavement Ma~kin~ Paint Paint shall be non-reflectorized alkyd-resin type, ready-mixed white traffic marking paint conforming to A.A.S.H.T.O. Speci- fication M 248-74, Type II. The paint shall be well mixed to flow and cover solidly in one coat on asphalt pavement. The single coat shall be touch-dry in 15 minutes and thoroughly dry in 30 minutes· Paint shall be delivered to the Job site unopened containers, plainly ~arked with and name and address of the manufacturer. in strong, original lot number, contents d. The Contractor shall furnish a certified analysis of the contents. .~' C ~r 2--7 CONTRACT NO.1 DIVISION ? SITEWORK 2.5 PAVEMENT SEALING AND MARKING (continued) C. METHODS 1. Pavement Sealin~ The pavement surface shall be free from sand, clay, dust, salt, grease and other foreign matter. Any accumulations of oil, grease or traffic paint shall be scraped, burned or cleaned off the pavement with detergent solution. Detergent residue shall be flushed away with clean water before application of the sealer. The Engineerl will inspect and approve the surface before the first application. Sealing shall consist of two applications, the first containing five to six pounds of silica aggregate per gallon applied at a rate of not less than 0.10 gallons per square yard or more depending upon the condition of the existing pavement. The mixture shall be applied with equipment capable of maintaining the silica aggregate in uniform homogenous suspension. The second application shall consist of the coal tar pitch, five to six pounds of silica aggregate per gallon and the plastic latex copolymer emulsion mixed at a rate of three (3) parts coal tar to one (1) part emulsion. This mixture shall be applied at a rate of 0.08 to 0.10 gallons per square yard. Equipment for this application shall[ be capable of providing continuous mixing of the blended product prior to and throughout application. The machine used for mixing the coal[ tar emulsion and silica aggregate shall have a paddle agitator capable of mixing up to 10 pounds of silica aggregate per gallon while keeping the aggregate in suspension. This machine shall be equipped with a self contained pressurized water system to spray water at 50 P.S.I. in a constant pressurized fog to insure a positive bond between the old surface and the sealer. Existing painted lines shall be completely covered by the- sealant and where necessary, the Contractor shall chip off heavy accumulations of the existing paint before starting the sealing operation· ' 2. Pavement Markin8 a. Absolutely no paint thinner will be permitted on the Job and the use of thinned paint will not be permitted. No paint shall be applied when the air temperature is less 40°F or when in the opinion of the F99ineer the weather is otherwise unsuitable. than c. No paint shall be applied until the new sealant has completely cured. 2-8 CONTRACT NO.1 DIVISION, S ITEWOI~K 2.5 PAVEMENT SEALING AND MARKING (continued) C. 2. d · All pavement surfaces shall be tho:roughly cleaned, completely dry and free from frost at the time the paint is applied. Painting shall be done with spray equipment capable of applying the unthinned paint uniformly on the eurface. The Contractor shall make all necessary measurements, guidelines and reference marks to obtain clean, straight and well defined lines at the proper spacing and dimensions. Where applicable, stencils may be used. Paint shall be applied at the rate of approximately 110 square feet per gallon to obtain a wet film thickness of 15.0 mils (0.15 inches) as determined in the field with a wet film thickness gauge. Care shall be exercised to prevent spillage of paint· The Contractor shall provide all necessary barricades to protect fresh work from being tracked by vehicles· Any paint spilled or tracked by vehicles from any source shall be immediately and thoroughly removed by the Contractor· 2.6 ASPHALT PAVEMENT A. GENERAL The Contractor shall construct asphalt pavement as shown on the plans and as herein specified. This work shall include but not be limited to the following: a. 1-1/2" Top Course Asphalt Concrete .- Type lA (S.C.D.P.W. Item No.51F) b. 6" Dense Graded Aggregate Base Course B. MATERIALS AND METHODS OF CONSTRUCTION 1. Referenced Standards a. Except as otherwise specified all materials shall be as specified in the Suffqlk County Department of Public Works Specifications dated November 1, 1968 and as amended as of the date of the Notice to Bidders for this contract. 2. Testin~ Except as required for design m~xes under the above referenced standard which shall be furnished and paid for by the Con- tractor, the Owner will test or have tested any or all portions of the work as spec[F]ed under Inspection and Testing bf Materials of the "AGREEMENT" of the contract. CONTRACT NO.1 DIVISION ? SITEWORK 2.6 ASPHALT PAVEMENT (continued) B. 3. Dense Graded Aggregate Base Course a. GENERAL 1) Under this item, the Contractor shall furnish and place a granular material sub-base course of dense graded drybound crushed stone or other acceptable granular material under asphalt pavement as shown on the plans and in such locations as field conditions require. Depths and locations of this material will be as shown on the plans or as required by field conditions and ordered by the Emgimeer. b. MATERIALS 1) The material blend shall consist of well graded crushed stone and shall be the following mechanical gradation: Screen Sizes % Passin~ 1-1/2" 100% 1" 90-100% 1/2" 65-85% 3f8" 55-75% # 4 40-55% # 8 30-45% # 30 16-27% #200 0-10% 2) The amount of material passing the 200 mesh screen shall be determined by washing in accordance with ASTM Designation C-117-62T. The portion of the base course blend that is smaller than the #40 screen shall have a plasticity Index -0, according to ASTM Designation D-424 - Latest Edition. The coarse aggregate shall have a resistance to abrasion By the Los Angeles abrasion test of not more than 20. 3) Of the particles retained'on the 1/2" square sieve, no more than 10% by weight shall consist of flat or elongated piece is defined herein as one, the greatest dimension of which is more than 3 times its least dimension. 4) The coarse aggregate, when subjected to 5 cycles of the soundness test, shall have a weight loss of not more than 5% when sodium sulfate is used or 10% when magnesium sulfate is used. The material shall also achieve a maximum dry density of not less than 145 pounds per cubic foot at optimum moisture content when tested in accordance with ASTM Designation D-1557 - Latest Edition - Method D, except that the sample used shall retain all of the coarse aggregate si~es. 2-10 CONTRACT N0.1 DIVISION 2 SITEWORK 2.6 ASPHALT PAVEMENT (continued) B. 3. c. METHOD l) The subgrade, immediately before the dense graded subbase is to be constructed, shall be compacted with a roll~ or vibratory compactor. It shall be smooth, parallel to, and at the required depth below the dense graded subbase surface. The subgrade shall not be in a muddy or frozen condition, and unsuitable material shall be removed and replaced with acceptable material and thoroughly compacte~. The material shall be deposited on the aubgrade by means of a dump truck spreader tail-gate or any other approved method of depositing. 2) The spreading of the material shall be by means of approved self-propelled spreader equipment. No segregation of large or fine particles will be allowed, and the material as spread shall be well.graded. After the course has been laid loose it shall be thoroughly rolled with an approved roller weigh- ing not less than 10 tons. Rolling must begin at the sides and continue toward the center, and shall continue until there is no movement of the course ahead of the roller. The subbase course shall be kept in a moist condition to allow compaction to maximum density. Six percent (6%) moisture shall %e guide line for the optimum moisture content. In limited areas where the use of a roller is approved vibrating plate compactors or impact be used to compact the material. impractical, rammers shall In lieu of the above method of fJLnishing rolling, the Con- tractor may, at his option, use a vibratory method as follows: After the material is spread evenly, so that it will have the required thickness after compaction, the. entire area shall be compacted by an approved vibratory compactor. Vibration shall, continue until the material is keyed sufficiently to permit rolling with an approved roller without displacement of the material. 6) Care shall be exercised to see that the voids in the subbase course are completely filled, bu~ the operation of vibratory compaction shall not be such as ~to cause floating of the course aggregate. 2-11 CONTRACT NO.1 DIVISION SITEWORK 2.6 ASPHALT PAVEMENT (continued) B. 3. c. 7) Any depressions that develop durJLng rolling shall be filled with subbase material and further rolled until the entire surface of the subbase is true to grade and cross-section. The finished surface of the subbase course shall not extend above the true grade and surface for this course, at any location. 8) Should the subgrade become churned up into or mixed with, the subbase material course, through any cause whatsoever, the Contractor shall, at his own expense, remove such mixture of subgrade and replace with subbase material. C. MEASUREMENT AND PAYMENT 1. All references to measurement and payment specified under the above referenced standards shall be deleted from the specifica- tions. Payment for asphalt pavement shall be deemed included .~ in the lump sum p=ice bid for this contract. 2.7 RESTORATION OF LAWN AREAS A. GENERAL 1. The Contractor shall, at his own expense, restore all lawn areas damaged as a result of the operations ef all trades in the performance of their work under the varioup contracts of the project, including but not limited to the following: Resodding of lawn areas damaged by trenching, excavation,, movement of equipment, storage of building materials, stock- piling of topsoil and the removal of curbs and pavements. be There shall be no seasonal restrict:ions to this work except that when in the opinion of the ~n~i,eer weather or temperature or soil conditions are unsuitable, sodding or sod bed preparation shall not be performed. 2. Referenced Standards a. Except as hereinafter modified, the methods and materials of construction shall be as specified in the N.Y.S.D.O.T. Standard Specifications dated January 3, 1978 and as amended as of January 2, 1979. 3. Testin~ The Owner will test or have tested any or all portions of the work as specified under ~nspectio~ ~nd Testin~ o~ Materials oF the "AGREEMENT" of the contract. However, sampling and testing of borrow topsoil shall be performed by a laboratory hired and paid for by the Contractor. / 2-12 CONTRACT NO.1 DIVISION 2 SITEWORK 2.7 RESTORATION OF LAWN AREAS MATERIALS (continued) 1. Topsoil ae Topsoil shall be from on site sources previously stripped and stockpiled under other work of this project. If testing by the Owner so indicates, the Contractor shall be required to either increase or decrease the specified amount of limestone that is to be incorporated. If necessary to complete the work, the Contractor shall, at his own expense, obtain sufficient topsoil from a borrow source to be approved by the Engineer. The Contractor shall notify the ~n§i'neer if he intends to obtaia borrow topsoil sufficient- ly in advance of its use in order that it can be sampled and tested and an analysis submitted to the En§lneer for approval before it is moved from its source. c. Topsoil from borrow shall meet the requirements of Section 713-01 of the above referenced standard. d. Soil amendments for sod bed preparation shall be 0-20-0 superphosphate with a minimum of 18% available phosphoric acid, commercial 1-1-1 complete fertilizer limestone and peat moss. Packaging of limestone shall be in accordance with 713-02 of the above referenced standard and fertilizer packaging and guarantee shall be in accordance with Section 713-03 of the above referenced standard. Peat moss shall meet all require- ments as specified under Section 713-20 of the above referenced standard. ae Sod shall be living sod procured from a commercial sod growing nursery on Long Island. It shall be cut from cultivated areas free of stones, roots or other materials detrimental to sodding operations or future maintenance. At least 90% of the sod shall be composed of a vigorous dense growth of a mixture of permanent grasses consiting of the approximate following proportions: 55% min. Ky. Blue Grass Blend (Adelphi, Baron, Pennstar) 10-20% Perennial Rye Grass (Yorktown II, Pennfine, Manhattan, NK-200) Remainder Fine Fescue (Jamestown, Pennlawn) The sod shall, be free from noxious weeds such as and reasonable free from broadleaf weeds such as dandelion· quack grass plantain and 2-13 CONTRACT NO.1 DIVISION 2 SITEWORK 2.7 RESTORATION OF LAWN AREAS (continued) B. 2. d. Any growth more than one and a half inches in height shall be mowed to a height of one and half inches not more than three days before the sod is lifted. Sources of sod shall be made known to the Engineer. at least ten (10) days before lifting and shall be inspected and ap- proved by the Engineer at its source. A certificate indicating compliance with the governing regula- tions of the N. Y. State Department of Agriculture and Markets shall accompany the sod. Insecticide treatment as determined by the Dept. of Agriculture and Market shall be performed by the Contractor or his supplier at the Contractor's expense. The sod shall be cut in pieces which will permit them to be lifted without breaking. Sod may be cut to a minimum thickness of three quarters of an inch. C. CONSTRUCTION DETAILS The depth of topsoil for the sod shall be six (6) inches .after natural compaction. Twenty-four (24) cubic feet of peat moss shall be spread per 1000 square feet of sod bed surface and incorporated to the full depth of the topsoil layer. Agricultural limestone shall be spread at the rate of 100 pounds per 1,000 square fe~t. 0-20-0 superphoshate shall be spread at the rate of 50 pounds per 1000 square feet and the complete 1-1-1 commercial fertilizer shall be spread et a rate to yield one pound of nitrogen per 1,000 square feet. Limestone, superphosphate and commercial fertilizer shall all be incorporated into the uppe~ three (3) inches of the topsoil layer· The sod bed surface shall be raked true to line and grade and all stokes, roots or other foreign matter that may inhibit the sodding operations or future maintenance shall be removed. The sod bed surface shall be in a loose and friable condition and shall be lightly moistened at the time the sod is laid. Sod shall be maintained in a moist condition when it is cut, trans- ported and laid in place· Sod shall be planted within twenty-four hours from the time it is lifted· Sod shall be laid in strips parallel to the contour and flush with the surface of abutting, existing lawn areas, pavements, curbs and other structures· Vertical Joints between pieces shall be staggered. Where only portions of existing lawn areas are being restored, the Contractor shall cut a uniform line slightly into the un- disturbed lawn area with an edge trimmer or other suitable means. The sod shall then be placed firmly against the cut edge to form a straight and flush Joint. 2-14 CONTRACT NO.1 DIVISION 2 SITEWORk 2.? RESTORATION OF LAWN AREAS (continued) C. 6. Immediately after the sod is laid, the sod shall be pressed firmly into full contact with the topsoil bed by lightly tamping or rolling without displacement of the sod or the deformation of the finished sod.surface· There shall be no visible voids in the sod Joints and immediately after laying the sod shall be watered evenly at a rate of five gallons per square yard. Any voids that appear after this initial watering shall be filled with topsoil. Differential settlement of the sod shall be corrected by lifting the effected pieces of sod, the addition of topsoil in the depressions, re-laying the sod, tamping and re-watering as specifked. The Contractor shall care for the sodded areas until issuance of .the Certificate of Substantial Completion of the contract. Such care shall consist of providing protection against traffic with barricades, watering to provide the equivalent of one inch of rainfall per week, and after the sod has knitted to the topsoil bed, mowing at a height of one and one half inches at any time the grass reaches a height of two inches. D. LIABILITY When in the Judgement of the kng|neer, at any time during the life of the contract up to and including the punch list issued with the Certificate of Substantial Completion of the contract, any area which has been sodded fails for any reason to produce a satisfactory turf after a suitable period of time has elapsed, the Contractor shall re-sod and re-fertilize such areas as specified for the original sodding. Re-soddfn§ and re-fertilizing shall be at the Contractor's expense. 2- 15 CONTRACT NO.1 DIVISION 3 CONCRETE 3.1 CONCRETE A. GENERAL 1. DESCRIPTION The work of this Division is subject to all applicable provision of the "General Conditions," the "Supplementary and Special Conditions," and "Division 1 General Requirements," which form a part hereto whether attached hereto or not. The work under this heading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all concrete work including but not limited to the following: (1) Concrete footings, foundation walls and formwork. (2) Concrete sidewalks, stair, plat:form and ramps. (3) Reinforcing steel. (4) Setting inserts and sleeves, etc. (5) Grouting around pipes, sleeves and similar items which penetrate concrete work. 2. QUALITY ASSURANCE a. Ail plain and reinforced concrete shall conform to requirements of ACI 318 latest edition. 3. SUBMITTALS a. Shop drawings shall be submitted in. accordance with the General Conditions of this specification. be Contractor shall be responsible for all dimensions of the concrete work. He shall verify ail dimensions in relation with other work and existing field conditions. If discrepancies are noted, the Contractor shall notify the Engineer immediately in writing and shall not proceed until so directed. The Contractor shall be responsible for proper arrangement and fit of the work. c. No construction shall proceed unl'ess based on approved shop drawings. 4. TESTING AND INSPECTION a. The Owner will arrange for the following services: (However, the responsibility for quality control remains with the Contractor.) 3--]. CONTRACT NOo~ DIVISION 3 CONCRETE 3.1 CONCRETE A.4. a. (1) (2) (Continued) Analysis and testing of all aggregate to be used on project in accordance with this specification and applicable ASTM specifications. the Continuous inspection of mixing .and placing, weight control, air content control, slump testing of all concrete, obtaining specimen cyclinders, recording temperatures, noting hot and cold weather protection measures during placing and curing. (3) Compression testing of specimen cyclinders taken from the concrete actually placed in the work. (4) Inspecting and checking operations at the mixing or hatching plant. Checking of mix, moisture content of aggregates, gradation of aggregates, cement, etc. (5) Checking of placement of reinforcing for conformance with drawings and specification requirements by a qualified engineer. b. Preliminary Tests of Controlled Concrete (1) The Contractor shall engage, at his expense, the services of a testing laboratory, approved by the Lngimeer and reporting to the Emgineer, to design the mix for all controlled concrete. The Contractor shall furnish all materials required for making the tests. Design mixes shall be made for each type of concrete to be used and shall be submitted to the Engineer for his approval. Design of concrete mixture to produce specified concrete strengths shall be done by using trial mixes as outlined under Section 4.2.3 of the ACI Building Code. (2) The laboratory trial mixtures shall develop at 28 days concrete of compressive strength 15% higher than the required minimum to be acceptable for use in the field. (3) Laboratory tests shall include the admixtures to be used. (4) (5) Upon approval of the Engineer~ the Contractor shall be allowed to proceed with the work if the laboratory trial mixture develops a compressive strength of 70% of the required 28 day ultimate strength, at the end of seven days. If the Contractor is not satisfied with the trial mixes and/or the final mix recommended by the testing laboratory, then the Contractor shall make this known in writing to the Engineer' before concrete pouring takes place. If he is satisfied, the Contractor shall supply the Engineer with 3-2 CONTRACT NO.1 DIVISION 3 CONCRETE 3.1 CONCRETE (Continued) a.4. b. (5) a letter before pouring starts, that he has satisfied himself that the mix'recommended by the testing laboratory will produce concrete of specified strength and that he accepts the mix. c. Tests of Concrete during Construction (1) During the progress of the work, for every fifty cubic yards of concrete placed, or for any smaller amount of concrete placed on any one day, four test cylinders shall be made and stored in accordance with ASTM (:-31. The method of sampling fresh concrete shall be in accordance with ASTM C-172. The Contractor shall provide a safe storage box for storage of test cylinders in an undisturbed, manner. (2) One of the specimens shall be tested after seven (7) days and three (3) after twenty-eight days. The ?-day strength will be assumed to have 70% of the 28-days strength. (3) Compression tests shall be conducted in accordance with ASTM C-39. (4) Slump tests shall be made for each truckload of concrete placed, in accordance with ASTM C-143. (5) All test cylinders shall be marked with a number, the date they were made, and location of concrete placement together with full information on materials, proportions, water, air and cement contents and other pertinent data. This information will be provided with the test cylinder reports. Despite the testing done by the Owner, the responsibility for control of quality shall be the Contractor's. Therefore, the Contractor shall have performed at his own expense and under his own direction, whatever tests amd certifications he may deem necessary, in addition to those specified, to control the quality of his construction. 5. JOB CONDITIONS Concrete shall not be placed when air temperature is below 40"F., nor when concrete temperature is less than 50"F. except with special approval of Eng~neer,~ based upon precautions taken by Contractor, as specified herein. 3-3 CONTRACT NO.1 DIVISION 3 CONCRETE 3.2 CONCRETE FORMWORK A. PRODUCTS 1. MATERIALS a. Forms: Plywood or 2" nominal thickness stock shaped as indicated for concrete work. b. Form Coating: "Form Coating" by Toch Brothers Inc., "Rugasol FD" by Sika Chemical Corp. or "Euco Formkote" by Euclid Chemical Co. c. Form Ties: "Unetra Form Clamp" by Hohmann & Barnard Inc., Jim Tie" by the Dayton Sure-Grip & Shore Company or other approved submission. "Slim B. EXECUTIOM 1. PERFORMANCE a. Ail forms shall conform to the lines, dimensions and shapes of concrete indicated on the drawings. b. Coat forms before each use with approved form coating. c. Construct footing forms to extend full height of footing. d. Forms shall be watertight to prevent leakage of concrete. e. Brace all forms to insure that position and shape are maintaine4. Before any section of concrete is poured, thi~ Contractor shall check with all other trades and see that all inserts, openiugs, bolts, sleeves, pockets and slots that may be desired are incorporated into the section about to be poured. g. All forms must be absolutely clean and free from shavings ~ before any concrete is poured. Before any forms are moved and subject to Engineer's approval, the concrete shall have attained sufficient strength to prevent injury due to such removal. The Contractor shall be held responsible fo,r any injury arising from premature removal of form~ i. Forms for all concrete work below grade shall be entirely removed before backfilling is done. 3-4 .CONTRACT NO.1 DIVISION CONCRETE 3.3 CONCRETE REINFORCEMENT A. PRODUCTS 1. MATERIALS Reinforcing steel must be correctly rolled to section and free from surface defects, scale or oil that will destroy or reduce the bond. Reinforcing steel shall comply with ASTM A-615. Bars shall be Grade 40. Raised markings on bars should identify manufacturer and sizes and distinguish the grade. b. Welded wire fabric reinforcing shall, meet the requirements of ASTM Specification A-185, latest edition. c. Galvanizing of reinforcing steel and welded wire fabric: ASTM A-123 and A-153. d. All other materials as herein specified. B. EXECUTION 1. PLACING a. Rigidly wire all reinforcement in place with adequate spacers and chairs. b. Ail. bars, including ties, shall conform to ACI 318,latest edition. Support reinforcement for concrete slabs on ground or fill on precast concrete bricks of proper thickness or "Mesh Ups" as manufactured by Lotel Incorporated. d. All reinforcements shall be cold bent as per ACI Standards. 2. INSPECTION a. Notify the ~nglmeer' at least two days in advance of placing concrete in order to allow inspection of reinforcing. 3.4 CAST-IN-PLACE CONCRETE A~ PRODUCTS 1. MATERIALS a. Aggregate: ASTM C-33. b. Cement: Portland Cement ASTM C-150. c. Water: Drinkable, from a public source. Air entraining admixture: ASTM C-260. Builders, "Sika AER" by Sika Chemical W.R. Grace. "MB-VR" by Master or "Darex AEA" by 3-5 CONTRACT NO.1 DIVISION 3.4 CASTvIN-PLACE CONCRETE (Continued) A.1. e. Water reducing and retarding admixtures: ASTM C-494, by Master Builders, "Plastiment" by Sika Chemical or by W.R. Grace. CONCRETE "Daratard" Water reducing and accelerating admixtures: Type E, "Trfmix" by Sonneborn, "Sikacrete" "Dehydiatine 80" by W.R. Grace. ASTM C-494, by Sika Chemical, gJ Curing compound: ASTM C-309, "Kure-N-Seal" by Sonneborn, "Master Seal" by Master Builders or "Horn Clear Seal" by W.R. Grace. h. Coloring agent for mortar or concrete: Emulsified carbon black meeting the requirements of Section 711-09 of the N.Y.S.D.O.T. Standard Specifications for Construction and Materials dated January 3, 1978 as amended January 2, 1979. i. Grout: "Flee Star Grout" by U.S. Grout Corporation, "Embeco" by Master Builders, "Axpand Crete" by Anti-Hydro Waterproofing J. Premolded Joint filler: Closed cell plastic foam filler, of thickness indicated, No.5401 by W.R. Grace or "Etha Foam" by Dow Chemical Co. or an approved equal. k. Expansion Joint sealer: Two part polysulfide sealant "Hornflex" by W.R. Grace, "Last-o-merle" by Tremco or "Sonnolastic" by Sonneborn. Co 1. Non-slip aggregate: Aluminum oxide "Alundum" by Norton, "Frictex NS" by Sonneborn or "Durafax" by W.R. Grace. m. Ail other materials as herein specified. 2. PROPORTIONING a. All concrete unless otherwise indica~ted shall be controlled concrete using Portland Cement as specified under MATERIALS, and shall be proportioned in accordance with Section 4.2.3', as outlined in the Building Code of the American Concrete Institute (ACI 318), except as .otherwise required by these specifications. The allowable desigu stresses are based upon the minimum 28 day compressive strength of 3000 P.S.I. for all building concrete including footings, foundation walls, slabs, etc. and 4000 P.S.I. air entrained cohcrete for all exterior flatwork including platforms, pads, ramps, sidewalks, etc. and for other exterior concrete including retaining walls, steps, curbs, etc. Trial mixes shall include the specific admixtures, in the proportions to be used, in the construction. The controlled concrete to be used shall conform to the materials and the proportions of the approved design mix obtained as the result of the pre- liminary tests. The use of any admixtures not present in the approved prel.iminary test mix is prohibited. No concrete shall be used which does not conform to design mixes approved by ~ng[neer. 3-6 CONT~RRACT NO.1 DIVISION 3 CONCRETE 3.4 CAST-IN-PLACE CONCRETE (Continued) A. 2. b. Maximum slump shall be 5"~ be 3". , except for paving which shall Aggregates for concrete shall be measured by weighing. Each size of aggregate and the cement shall be weighed separately. Weighing devices shall be accurate within one percent. Cement in sacks of 94 pounds need not be weighed, but bulk cement and fractional packages must be weighed. Mixing water shall be measured by volume. de Use a water reducing and retarding c,r accelerating admixture for hot or cold weather placement only when approved by the e. Do not add salt to the mixture with a view to prevention of freezing. All concrete exposed to the elements shall be air entrained concrete and shall have art air content of 6%~ 1% of the volume of the concrete. Where shown on the drawings, the concrete placed for the wheelchair ramp pavement shall be colored by adding to the mix an amount of Emulsified Carbon Black equal to two percent by weight of the cement used in the mix. 3. MIXING In general, the use of ready-mixed concrete is favored and shall conform to ASTM C-94. The quality of materials shall be as specified above. Care shall be taken to see that over mixing of materials in a delayed truck does not damage the entire batch. Even with air-entraining cement, the maximum period from the time when water is added and mixing starts until the concrete is delivered into the forms, shall in no case exceed 1-1/2 hours, and the inspector shall watch the various batches so that whenever segregation or partial setting raises a question as to the quality of the concrete, it shall not be put into the forms. be The ready-mixed concrete plant approved for supplying concrete to this project shall have demonstral~ed the ability to provide consistent quality concrete as follows: (1) Batch plant of the completely automated type with recording devices showing the individual weights of the materials batched or with a verifiable coefficient of variation not exceeding 15% in accordance with ACI 214. (2) Transit Equipment in sufficient quantity and proper condition to service the Job. 3-7 CONTRACT NO.1 DIVISION CONCRETE 3.4. CAST-IN-PLACE CONCRETE (Continued) A.3. b. (3) Ability to provide the cement and aggregates in accordance with the specifications· Furnish certification with each truck delivery attesting to strength of mix, amount of water and cement contained and time truck left plant.. Mixing time shall be at least one minute per cubic yard, but not less than five minutes for the total load. Mixing en route will not be permitted. Retempering of partly set concrete shall not be permitted. 1. PREPARATION e. Tbe Eng|neer shall have the right to have the Contractor discontinue the services of the concrete supplier if in his opinion the supplier is not providing satisfactory continuity of delivery and cooperation. EXECUTION a. Ail reinforcement, forms and ground which the concrete is to come in contact with shall be free from frost· Concrete shall not be deposited during rain unless adequately protected, and in any case, preparations shall be on hand to protect newly placed concrete from rain until it has hardened sufficiently so that it will not be damaged. No concrete shall be placed until subgrade, forms, reinforcement and other preliminary work have been approved by the Emgineer. b. Notify the Emgimeer and the testing laboratory at least 48 hours before any concrete is placed, and obtain the Emgineer's and testing laboratory's permission prior to placing concrete. BUILT-IN WORK Build in all anchors, sleeves and all other work requiring building in, to receive work of other trades and/or of other contractors. Ail of this work shall be built-in az directed by those whose work it is to receive and approved prior to placing concrete. PLACING Place concrete promptly after mixing. Convey and deposit concrete by methods which will prevent segregation or loss of material. b. Free fall in excess of three feet below chute or hopper will not be permitted. 3-8 CONTRACT NO.1 DIVISION 3 3.4 CAST-IN-PLACE CONCRETE (Continued) CONCRETE B.3. c. Ail concrete shall be thoroughly compacted by mechanical vibrators during the operation of placing and shall be thoroughly worked around reinforcement and embedded fixtures and into the corners of the forms. Foundation walls shall be placed in one operation without change in proportion. Thicknesses, reinforcing and elevations shall be as shown on drawings. Slabs on grade shall be placed without change in proportion. shall be as shown on drawings. full thick in one operation Thicknesses and reinforcing Concrete aprons, ramps and platforms shall be placed full thick in one course. Thicknesses and reinforcing shall be as ehown on drawings. Expansion Joints shall be provided where indicated, on the drawings. Premolded joint filler of size and thickness detailed shall be placed in such a way to provide a 1/2" deep recess to receive sealant. Seal with an approved type sealer applied in accordance with manufacturer's instructions. h. Do all grouting as required and/or indicated with non- shrink grout. 4. CURING AND FINISHING Forms shall be kept in place for seven days curing period. The top exposed concrete surface shall be kept wet and the wood forms shall be loosened to allow the water to be poured over the top and thus run down between the concrete and forms. Troweled finish: The slab surfaces :shall be finished first with impact power floats, where applicable, then with power trowels, and finally with hand trowels. The top surface of all slabs shall be sprayed with an approved liquid membrane-forming compound in accordance with the directions of the manufacturer as soon as the newly placed surface has been finished and will not be marred by application. Manufacturer shall guarantee compatibility with all types of resilient floor adhesives. Exterior exposed concrete surfaces shall be finished as follows· Remove form and fin marks and correct minor defects, dampen, brush-coat with grout, and rub with wood float until surface is even, uniform and smooth. 3-9 CONTRACT NO.1 DIVISION CONCRETE $.4 CAST-IN-PLACE CONCRETE (ContinuEd) H.4. e. Exterior stairs, ramps, and platforms indicated on drawings to receive non-slip aggregate shall have the abrasive ag- gregate incorporated in the cement finish, dampened and spread evenly, using 1/2 pound per square foot of surface. Final troweling shall work the particles into the surface without burying them. f. Float concrete stairs and platforms with a wooden float and burlap drag until the surface is true and even. g. Wheelchair ramps shall be broom finished at right angle to the alope. 5. PROTECTION AND PATCHING All concrete shall be maintained at a temperature of at least 50°F. for not less than four days after depositing. The approved practices for cold weather concreting shall he as outlined in ACI 306. Protect concrete from construction traffic including action of sun, rain, flowing water, frost, snow or mechanical injury. c. During hot weather, the approved practices for hot weather concreting shall be as outlined in ACI 305. Any concrete which is not formed as indicated on drawings or for any reason is out of alignment or level or shows a defective surface, shall be considered as not conforming with the intent of these specifications and shall be a subject of rejection. Concrete damaged by weather conditions shall be removed and replaced by Contractor at his own expense, even though the Engineer: has permitted the concrete to be placed. 3-10 CONTRACT NO,~ DIVISION 4 MASONRY 4.1 MASONRY A. GENERAL 1. DESCRIPTION The work of this Division is subject to all applicable provisions of the "General Conditions", the "Supplementary and Special Conditions", and "Division 1 General Requirements", which form a part hereto whether at~:ached hereto or not. The work under this heading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all masonry work including but not limited to the following: (1) Concrete block. (2) Mortar. (3) Joint reinforcement. (4) Setting loose lintels, base plates, bolts and all other items requiring setting, building, grouting and anchoring into masonry. 2. qUALITY ASSURANCE a, The manufacturer of concrete masonry units must be a member of the National Concrete Masonry Association. b. Masonry work shall be done by men skilled in their trade, in a workmanshiplike manner, to the full and unqualified approval of the Emg|meer. 3. DELIVERY~ STORAGE AND HANDLING Store masonry materials in dry locations. When stored outdoors, load on platforms and protect from tlhe weather with tarpaulins, heavy plastic sheeting or other approved means. Store mortar materials in the building or i~ watertight sheds. Protect loose materials from intrusion of foreign matter. b. Packaged materials shall be delivered in the original, unopened containers of the manufacturers. 4-1 CONTRACT NO.1 DIVISION MASONRY 4.1 MASONRY (Continued) A.4. JOB CONDITIONS a. Anti-freeze compounds and liquids will not be permitted in mortar. Retempering of mortar will not be permitted has been allowed to stand for more than one be used. and mortar that hour shall not 4.2 MORTAR A. PRODUCTS 1. MATERIALS Portland Cement: ASTM C-150, Type 1, standard gray, purchased in one lot as manufactured by Atlas Universal Cement Company, Lone Star Cement Company or Lehigh Portland Cement Company. Masonry Cement: ASTM C-91, Type 11, approved standard brand as manufactured by Lone Star Cement Company, Universal Atlas Cement Company or Lehigh Portland Cement Company. Hydrated Lime: ASTM C-207, U.S. Gypsum Company's "Mortaseal", Warner Company's "Superlimoid" or approved equal as made by G.W. Corson. d. Sand: Clean, coarse, free from loam, salt, organic material or other foreign matter. e. Water: Drinkable, from a public source. 2. PROPORTIONING a. Refer to ASTM C-270, latest edition. b. Mortar shall be Type M mixed in the ]proportions of 1 part Portland Cement, 1/4 part hydrated lime and between 2-1/2 to 3 parts sand or with the approval of the Architect~ mortar may be mixed in the proportions of 1 part Portland Cement, 1 part masonry cement and between 4-1/2 to 6 parts of sand. c. Color of mortar shall match existing adjacent work. 4-2 CONTRACT NO.1 DIVISION 4 MASONRY 4.2 MORTAR (Continued) A.3. MIXING a. Mixing: Add cement Just before mixing. Machine mix all mortar in approved type mixer with device to accurately and uniformly control water. Add only as little water as possible to produce a workable mix. Mix dry materials not less than 2 minutes. Add water, then mix not less than 3 minutes. When using hydrated lime, mix dry. B. EXECUTION 1. APPLICATION a. For use of mortar refer to 4.4 UNIT MASONRY. 4.3 ACCESSORIES A. PRODUCTS 1. MATERIALS Joint Reinforcement: "Trus Mesh" by Hohmann and Barnard, Inc., "Bloc Trus" by A.A. Wire Products Co., or "Dur-O-Wall Truss" by Dur-O-Wall National Inc. Corrugated Wall Ties: Shall be 16 GA. galvanized steel 7/8" x 7" by A.A. Wire Products Co., Hohmann & Barnard, Inc. or Dur-O-Wall National Inc. c. Premolded Joint filler: Closed cell plastic foam filler, of thickness indicated, No. 5401 by W.R. Grace or "Etha Foam" by Dow Chemical Co. or an approved equal. d. All other materials as herein specified. 4-3 CONTRACT NO. 1 DIVISION /I MASONRY 4.3 ACCESSORIES (Continued) B. EXECUTION 1. INSTALLATION Install Joint reinforcement 16" o.c. vertically in all masonry walls. At openings, install reinforcement in the course above and below the opening, extending 24" beyond the first vertical Joint on each side. Joint reinforcement shall be wide enough to extend within 1" of block face. 4.4 UNIT Bond each block course at inte'rsections with Joint reinforcement. Install corrugated wall ties 16" o.c. vertically. Control Joints shall be provided whe~re indicated on the drawings. Premolded Joint filler of size and thickness detailed shall be placed in such a way to provide a 1/2" deep recess to receive sealant· Seal with an approved type sealer applied in accordance with manufacturer's instructions. MASONRY A.. PRODUCTS 1. MATERIALS Expanded slag concrete block: Load 'bearing solid units solid) ASTM C-145, grade N-1. Siliceous concrete block: Hollow load bearing units ASTM C-90, grade N-1. (75% Concrete masonry units shall be as manufactured Concrete Products, Plastlcrete Corp. or Bayonne Company, Inc. by Smithtown Block d. Face Brick: Match brick on existing building. e. Ail other materials as herein specified. CONTRACT NO.1 DIVISION MASONR~ 4.4 UNIT MASONRY (Continued) B. EXECUTION 1. INSPECTION a. Make Job site inspection for arrangement of courses and Jointing with size of masonry openings and built-in work. If discrepancies occur, notify En§ineer in writing. 2.'PREPARATION Furnish, erect, maintain and move all scaffoldings, runways, ramps, hoisting apparatus and any other equipment required for installation of masonry work. Construct and maintain in strict accordance with all applicable state laws and municipal regulations· Equip with ample protection. In no case shall the Owaer be responsible for any damages or accidents arising from the use of scaffolding equipment. 3. INSTALLATION No masonry shall be erected when the temperature is below 32"F. unless special provisions are made for heating the materials and protecting the work, by providing and maintaining the temperatures above 40°F., during and for 48 hours subsequent to lay-up. No exposed exterior masonry shall be erected when temperature is above 90°F. Protect all masonry during construction and at the end of each day's work protect top with suitable waterproof membrane secured in place. Masonry units indicated on the drawings shall be hollow load bearing units and solid load bearing units· Ail masonry shall be laid in ru~ning bond plumb, true to line with level and accurately spaced courses with corners plumb and true and with each course breaking Joint with the course below. Keep bond plumb. Provide control Joints in all masonry as indicated. e. Brick shall be damp when laid· Brick shall be shoved into place in a full bed of mortar, fill joints solid. CONTRACT NO.1 DIVISION MASONRY 4.4 UNIT MASONRY (Continued) B.3. f. Lay dry concrete masonry units with full mortar coverage on horizontal and vertical face shells. Take care to keep cavity clean and free of mortar droppings and refuse. Until wall is topped out, leave out one brick every two feet at bottom of cavity to permit daily flushing. Replace brick and provide weep holes 2 feet o.c. after wall is topped out. h. Tooled Joints shall match existing adjacent work. Install items required to be built-in with masonry, including doors, windows, louvers, flashing, Joint reinforcement, anchors and other work specified under the sections and/or furnished by other trades and contracts. All loose lintels and other miscellaneous items to be built-in with masonry shall be handled and set in place where scheduled and/or as required. Bed all lintels in mortar· Bearing units at all masonry Jambs shall extend from structural floor surface to underside of lintel and shall be filled solid with mortar. Step back unfinished work for Joining new work. Before new work is started, remove loose mortar and wet all exposed Joints thoroughly. Provide minimum caulking space 1/4" wide and 1/4" deep aroung frames in exterior openings or as shown on drawings. Provide caulking space at control Joints. 4. POINTING AND CLEANING Point and fill all holes and cracks in exposed Joints with additional fresh mortar· If mortar has hardened, the defact shall be chiseled out and refilled solidly with fresh mortar and tooled as specified. Clean exposed masonry surfaces thoroughly from top down to remove stains and mortar deposited during construction. Wet walls before applying approved cleaning solution and protect all metals, stone and other work. Scrub with stiff fiber brushes and clean only a small area at a time. Rinse surfaces thoroughly with clean water immediately after cleaning to avoid etching or staining of the masonry. CONTRACT NO.1 DIVISION 5 METALS 5.1 METALS A. GENERAL 1. DESCRIPTION me The work of this Division is subject to all applicable provisions of the "General Conditions," the "Supplementary and Special Conditions," and "Division 1 General Requirements," which form a part hereto whether attached hereto or not. The work under this heading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all metal work including but not limited to the following: 1) Structural metals (Loose Lintel) 2) Aluminum railings 2. QUALITY ASSURANCE a. All materials shall be free from defects impairing strength, durability or appearance and shall be of the best quality for the purpose specified· b. All structural steel shall conform to AISC Code of Standard Practice Latest Edition. 3. SUBMITTALS a. Submit shop or erection drawings for lintel including all necessary details. b. Submit shop drawings for miscellaneous metal work. DELIVER¥~ STORAGE AND HANDLINC a. Delivery shall be in ample time to facilitate the work as specified under this division. 5-1 CONTRACT NO.1 DIVISION 5 METALS 5.2 STRUCTURAL METALS A. PRODUCTS 1. MATERIALS a. All structural steel (loose ]intel) shall conform to ASTM Specification A-36, latest edition. b. Welding electrodes for manual shielded metal arc welding shall conform to the E60 or E70 Series of ASTM A-233, latest edition. The Contractor shall submit certified mill test reports of ma.nnfacturer's certifications as evidence of conformity with ASTM Specifications. Paint for shop application and field touch-up: "#99 red metal primer" by Tnemec Co., "S.R.P." by Sonneborn or "Bare Metal Primer #769" by Rust-Oleum Corp. e. All other items of structural metal work as may be required to make the work complete. FABRICATION All work shall be fabricated so that the various pieces shall fit accurately and permit continuous erection without undue labor, drilling, fitting or cutting. At completion of fabrication, clearly mark pieces with erection marks or numbers. Markings or numbers shall agree with those given on erection drawings. Field or shop errors shall not be corrected by burning unless approved by ~n§imeer. Ail costs involved in the correction of fabrication errors shall be the responsibility of the Contractor. B. EXECUTION 1. INSPECTION a. Contractor shall examine drawings, specifications and existing field conditions and shall be responsible for the proper arrangement and fit of the work. If discrepancies occur, notify [n~'|meer in writing. 5-2 CONTRACT NO.1 D~VISION 5 METALS 5.2 STRUCTURAL METALS (Continued) B.2. ERECTION All work shall be set plumb and true and be properly secured in place. Suitable temporary braces and stays shall be provided to hold the work in place until permanently secured. Provide all anchor bol~s as may be required. Anchor bolts and other incidental items of structural steel required to be built into concrete or masonry shall be furnished to respective trades at proper time and shall include instructions or templates for their installation. Ce Deliver loose lintel to the site in an orderly manner and deposit at location directed. Loose lintels are to be set by the mason. 3. PAINTING All steel, except surfaces where field welding is to occur, shall receive a shop coat of paint in accordance with the AISC Specification. Paint shall be an approved rust-inhibitive primer. After erection, the steel shall again be cleaned and all field bolts, welds, and any damaged or unpainted surfaces shall be spot painted with the same paint used for the shop coat. 5.3 MISCELLANEOUS METALS A. PRODUCTS 1. MATERIALS Aluminum pipe railings: Schedule 40 1-1/2" I.D. of alloy No.6063-T52 complete with fluslh type elbows, ties cover flanges, brackets, etc. as shown on drawings and as required. Welding electrodes for manual ~hielded metal arc welding shall conform to the E60 or E70 Series of ASTM A-233, latest edition. Galvanizing of products after fabrication; ASTM A-123 and A-153. do Grout: "Five Star Grout" by U.S. Grout Coporation, "Embeco" by Master Builders or "Axpand Crete" by Anti-Hydro Waterproofing Co. eo Anchor bolts: Stainless steel sleew~ anchors No.FF-1420 ITT Phillips Drill Company or equivalent products as by McCulloch Industries or the Molly Company. by the 5-3 CONTRACT NO.1 DIVISION 5 -- -- METAL~ 5.3 MISCELLANEOUS METALS (Continued) A.1. Other materials required shall be of highest commercial quality and shall comply with the applicable requirements of applicable ASTM or Federal Specifications. 2. FABRICATION Members or parts to be built-in with masonry or concrete shall be in a form affording a suitable anchorage or shall be provided with approved anchors, expansion shields or other approved means of securing the members. B. EXECUTION 1. INSPECTION a. Verify all conditions and dimensions in field, report discrepancies to ~nglneer in writing. 2. PREPARATION Each stairway ~hall be closed to public traffic while workmen are installing handrails. Suitable barriers shall be provided and set at the top and the bottom of each stairway. At no time shall more than one stairway be closed. 3. INSTALLATION Welding and bracing shall be of adequate strength and durability, with Jointing tight, flush, in plane, dressed smooth and clean. Ail welding shall be done by certified welders. b. Free standing railings shall be set plumb and true to lines indicated on the drawings. Drill and set anchors into existing s~urfaces. into these anchors as detailed. Align flanges set screws. Set handrails on railing craddles Attach with flathead spanner screws. get wall brackets and tighten of wall brackets. Weld flat bars to exist handrails and to handrail extensions grind smooth all Joints. Where handrails have solid vinyl cover, remove existing cover prior to welding and replace with new after Joints are ground smooth. 5-4 CO~T~ACT NO.! DIVISION WOOD AND PLASTIC 6.1 WOOD AND PLASTIC A. GENERAL i. DESCRIPTION a. The work of this Division is subject to all applicable ~rovisions of the "Agree~ment", "General Cond]t[ons" and Division ! General Requ]rements'~ which form a part hereto whether attached hereto or not. b. The work under this heading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all carpentry work including but not limited to the following: (l) (2) All wood framing, grounds, blocking, nailers, ties and the like, necessary or required for the attachment or support of the work of this section or other sections. All nails, screws, bolts, anchors, fastenings, as required for work under this section including all items necessary for rough hardware. (3) Temporary enclosures and barricades. (4) Paint grade trim, running members, returns of solid or built-up wood members. (5) qUALITY Receiving, checking, storing, distributing installing finishing hardware. ASSURANCE and a. Lumber grades shall conform to the grading rules of the Association having Jurisdiction, and shall bear the official grade and trademark of the Inspection Bureau of the Association and a mark of mill identification. Moisture content of rough lumber shall not exceed 19 percent (19%), and moisture content of finishing lumber shall not exceed 12 percent (12%). b. Defects or blemishes shall not appear in £he material used. Lumber shall be D4S, sound, thoroughly seasoned and well manufactured, and free from warp that: cannot be corrected in the process of nailing or bolting. 6-1 CONTRACT NO.1 DIVISION 6 WOOD AND PLAST'~ 6.1 WOOD AND PLASTIC (Continued) A.3. SUBMITTALS Submit Shop Drawings in accordance with the requirements of the General Conditions based on the Contract Drawings and Specifications showing complete details of construction size of members, kinds of material, assembly of work, and connections to adjacent work, and set forth the necessary provisions.for the proper execution of the work of other trades. b. Submit samples of wood, plywood, particle board and plastic laminate. 4. DELIVERY~ STORAGE AND HANDLING a. Delivery shall be in ample time specified under this Division.' 6.2 ROUGH CARPENTRY to facilitate the.work as A. PRODUCTS 1. MATERIALS a. All necessary lumber and rough hardware required for the construction of all temporary enclosures and/or barricades. b. Wood framing, grounds, and blocking, D4S No.2 Common Spruce, Western Hemlock. Provide all items of rough hardware of every description including nails, spikes, screws, bolts, lags, anchors, ramsets, ties, expansion shields and bolts, strap irons and other items which are required to assemble or secure the work shown or specified herein. Fastenings for securing wood g~ounds, blocking and similar work to masonry shall be of metal of a type and spacing best suited to conditions, subject to approval of the 5nd]seer. EXECUTION 1. INSTALLATION Install and maintain any and all barricades necessary to insure the safety of the workmen and the public for the entire length of the contract. 6-2 CONTRACT NO.1 DIVISION 6 WOOD AND PLASTIC 6.2 ROUGH CARPENTRY (Continued) B.1. b. All blocking, nailers, grounds, framing and other rough woodwork shall be properly framed, closely fitted and accurately set to the required lines and levels and rigidly secured in place as shown or as necessary for the support or attachment of the various items herein specified. Install all wood grounds and/or framing required for the securing in place of all finished carpentry work and other items furnished by this or other contractors including shelving, etc. 6.3 FINISH CARPENTRY A. PRODUCTS 1. MATERIALS a. Ail exposed interior woodwork, trim, etc., shall be as shown on drawings, schedules or in these specifications, unless otherwise specified. Ail exposed faces shall be clear of all knots and surface blemishes and all lumber used shall be of quality classified as "first" (FAS). b. Paint grade, moldings, trim and running members - No. 1 Idaho White Pine. B. EXECUTION 1. INSPECTION Ail dimensions and conditions at the building which affect the size, construction and installation of items or features provided under this section shall be carefully checked, verified and compared with those giw~n on the drawings. Ail discrepancies and conflicts including those between different materials or installations shall be reported to the Eng~meer in writing for correction and ~dJustment. INSTALLATION Ail workmanship throughout shall be ]~st class and all woodwork shall be assembled and erected by men skilled in the trade. The Contractor when installing items not shop assembled shall distribute, to best over-all advantage, the defects allowed in the quality grade specified. 6-3 CONTRACT NO.1 DIVISION 6 WOOD AND PLASTIc 6.3 FINIS11 CARPENTRY (Continued) B.2. b. All woodwork shall be properly and firmly backed up, blocked as required. Joints shall be made in approved manner to conceal shrinkage and be tight, secured with finishing nails, screws and glue. Ail nailing to be blind or face nailed. All woodwork shall be fitted and scribed to walls or other finished ~ork or surfaces in a careful manner so as not to injure these surfaces in any way. d. Ail work shall be set straight, plumb and level, in perfect alignment and be closely fitted. All interior finished woodwork shall be fully protected from weather, damage, kept clean and stored properly. No interior finished woodwork shall be installed in any wet or damp portions of the building. The Contractor shall clean, smoothly dress and sandpaper all exposed surfaces. No plane or tool marks shall show. He shall further dress all exposed surfaces of interior finish woodwork with fine grit sandpaper or steel wool to a smooth and clean surface. He shall deeply set nails and screws for putty stopping. g. Ail trim, running members, etc., shall be back primed as called for under Division 9 Finishes, Section 9. Do all cutting and fitting of woodwork necessary to accommodate the work of other trades, patch and make any woodwork cut or damaged from any cause. good Finish hardware: (1) All finishing hardware shall be received, stored and distributed, and the responsibility for its safety assumed by this Contractor.. Leave the protection wrapped around pieces of hardware as it is installed, properly maintain until the final completion of the building. (2) Do not install finishing hardware in the building until all wet work hss been fully completed and dry. (3) Hardware shall be applied not only to the work furnished under this section but shall be fitted and adjusted to work furnished under other sections. CONTRACT NO.1 DIVISION 6 WOOD AND PLASTIC 6.3 FINISH CARPENTRY (Continued) ~.~. i. (4) Hardward shall be accurately fitted and secured in place, adjusted to operate perfectly and free from scratches and/or other defacements. (5) The Contractor shall be responsible for the condition and operation of all finished hardware until the issuance of the Certificate of Final Acceptance. (6) Face hardware shall, after being fitted, be removed before the woodwork finish or paintiag is applied and neatly replaced after the finishing or painting is fully com- pleted. (7) Immediately prior to completion of all work, go over the entire building with the ~m~;mee~ and see that each piece of hardware is undamaged, in perfect working order and that the proper key for the lock in questiom is identified. 3. ADJUST AND CLEAN a. Provide thorough and proper means for the protection of all interior finished woodwork. 6-5 DIVISION 8 CONTRACT NO.1 DOORS AND WINDOW:; 8.1 DOORS AND WINDOWS A. GENERAL 1. DESCRIPTION The work of this Division is subject to all applicable provisioms of the "General Conditions", the "Supplementary and Special Conditions", and "Division 1 General Requirements", which form a part hereto whether attached hereto or not. The work under this h~ading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all frames, doors and glazing work including but not limited to the following: (1) Hollow metal work. (2) Wood doors. (3) Finish hardware (4) Specialties (5) Glazing 2. QUALITY ASSURANCE Ail materials shall be free from defects durability or appearance and shall be of for the purpose specified. impairing strength, the best quality b. Hardware shall conform to Federal Specification FF-H-106, FF-H-121D or FF-H-116C latest edition. c. Glass shall meet Federal Specification DD-G-451C. d. Caulking for glazing shall meet Federal Specification TT-G-410. 3. SUBMITTALS Submit shop drawings showing thickness of metal, details of construction, prqfile of molding, connections to other work, fastenings anchors and reinforcing for hardware to the Emg~meer for review and approval. Ali profiles shall follow the architectural details. 8-1 COMTRACT NO.1 DIVISION DOORS AND WINDOW~ 8.1 DOORS AND WINDOWS (Continued) A.4. DELIVERY, STORAGE; AND HANDLING a. Delivery shall be in ample time this Division. to facilitate the work of 8.2 HOLLOW METAL WORK A. PRODUCTS 1. MATERIALS Hollow metal frames: Combination b~ck, Jambs and trim, with all miters clean cut, reinforced, fully seam welded and cleaned off flush. Open hearth, pickled, cold rolled and annealed sheet steel. Frame type: as shown on drawings to profiles detailed. (1) Interior frames: #16 gauge except where Board of Fire Underwriters and/or local Building Codes fire ratings require a heavier gauge. (2) Frame anchors: At masonry walls, Underwriter Laboratory approved type minimum 2" wide, sliding on straps welded to frames. At metal studs, #16 gauge Z anchors welded to frames. Provide three (3) anchors per Jamb for standard 7'-0" high frames and a minimum of four (4) anchors per Jamb for frames 7'-0" high and over. Hollow metal doors: Flush type, 1-3/4" thick unless scheduled otherwise, reinforced inside with stiffeners and constructed of the best quality, open hearth, full cold rolled, full pickled, patent leveled, annealed sheet steel, free from visible waves or other surface defects. (1) Interior doors (a) Door Plates: #18 gauge, except where Board of Fire Underwriters and/or Local ~.uilding Codes fire ratings require a heavier gauge. (b) Z-bar stiffeners, continuoC, s channel at top and bottom: #16 gauge. (c) Mortise and reinforce for all required hardware including #16 gauge steel box for locks, 5/32" reinforcement for butts and[ #14 gauge reinforcement for door checks. 8-2 CONTRACT NO.1 DIVISION 8.2 HOLLOW METAL WORK A.2. MANUFACTURE (Continued) DOORS AND WINDOWS Rollow metal doors and frames shall be as manufactured by the Williamsburg Steel Products Company, Pioneer Fireproof Door Corporation or Karpen Steel Products Inc. 3. FABRICATION me Provide cutouts and reinforce door frames for all required hardware. Ail hardware reinforcing shall be not less than' 1/8" thick sheet steel. b. Provide one #12 gauge floor clip on bottom of each Jamb and angle spreaders at the bottom of frame. c. Thoroughly clean all surfaces of frames. Sand free of all imperfections. Prime with rust-inhibiting paint, baked on. d. Punch interior frames for door mute,,~, 3 on strike side for single doors. e. The tops of all exterior doors are to be closed to prevent accumulation of moisture and rain water. Door edges fully welded with no visible seams on either faces or edges. Doors shall be rrortised, reinforced, drilled and tapped at the factory from templates for alii mortise hardware listed i'n the hardware schedule. Mortise and reinforce only for arm of floor hinges, such as Rixson and Shelby. They shall be reinforced only for surface-applied hardware such as checks, brackets, pulls, escutcheons, etc.; the drilling and tapping for which is to be done in field by door erection contractor. Kickplates and/or map plates to be applied with sheet metal screws thru pilot holes drilled in doors by erector. All doors are to be thoroughly cleaned, primed and filled to present a smooth surface and given sufficient coats of baked-on rust inhibiting primer to receive finish painting in field. Baked enamel finish, where ~pecified, shall consist of sufficient coats of enamel in addition to prime, each coat to be baked on and rubbed smooth; final coat is to be rubbed to an eggshell gloss. 8 - 3 DIVISION 8 CONTRACT NO.1 DOORS AND WINDOWS 8.2 HOLLOW METAL WORK (Continued) B. EXECUTION 1. INSTALLATION a. Erect frames plumb, out-of-wind, and in proper position to receive the partition work. Set frames with heads level, using level on tripod to %nsure that all frames of the same height are at the same level. b. Rigidly brace door frames in place and anchor securely to floor. After being built in full height of both Jambs, remove bracing and floor spreaders. Use care in anchorages so that Jambs will be without twist. c. Do all necessary cutting, drilling and tapping to accommodate the work of other contractors. d. After delivery to the site, torch up all places showing abrasion of finish with the same paint as applied at the factory. 8.3 WOOD DOORS A. PRODUCTS 1. MATERIALS Doors: Flush style, 1-3/4" solid core of sizes indicated on drawings. Face veneer species shall match existing unless otherwise indicated. b. Solid core doors shall be 1-3/4" solid lumber staved core type DSC-i, life time guarantee. c. Hollow core doors shall be 1-3~ solid lumber staved core guaranteed for two years after acceptance of the project. de Door moldings for glazing and louver shall be square edge and flush with face of veneer and shall be of same specie face veneer. as e. Doors shall be supplied with kickplates as indicated on drawings. 2. MANUFACTURE ae Above listed products unless otherwise noted shall be as manufactured by the Weyerhaeuser Co. Equivalent products of Georgia Pacific or General Plywood Corp. will be accepted. 8-4 CO~TRACT NO.1 UIVlSIO~ 8 DOORS AND WINDOW': 8.3 WOOD DOORS (Continued) B. EXECUTION INSTALLATION Doors should not be cut to fit openings smaller than those for which they were manufactured. When planing to fit, trim equally from both sides. If height is to be reduced more than 3/4", trim equally from the top and bottom, but never more than 3/4" from the bottom. Carefully seal all four edges immediately after fitting, including areas routed for hardware. Bevel the lock edge approximately 1/8" in 2" so proper clearance can be maintained. b. Remove and replace all work showing any defects or blemishes without additional expense to the Owner. 8.4 HARDWARE A. PRODUCTS 1. MATERIALS & HANUFACTURER Finished hardware shall be of the best quality construction, design and finish, free from defects and shall include but not be limited to: latch sets, push plates, pulls, closers, and all other items necessary to make a complete Job. Finish US32D Satin Stainless or to match existing. Replacement of closers on all interior and exterior as shown on Plans - Russwin 2810 Series, LCN 4041 Series or approved equal as recommended by manufact~er. d. Handicap Latch Sets "Rcllatch" Rotating Push/Pull latch as by Schlage or approved equal. e. Push/Pulls 52RCX8P as ~y Brookline Industries or approved equal. f. Panic Hardware "Exiter" 730 Series RIM w/out'side cylinder 1191. Outside trim 8425 Ronde as by Russwin or approved equal. g. Pivot Hinge - CB1968 as by Stanley Hardware or approved equal. h. Deadlock - 465/475 as by Sargent or approved equal, provide with ksys, ~eyed to Master Key System. 8-5 CONTRACT NO.1 DIVISION DOOK$ AN~H~NDOW$ 8.4 HARDWARE (Continued) B. EXECUTION INSTALLATION a. Refer to Division Hardware. Section 6.3 for installation of Finishing 2. ADJUST AND CLEAN a. At time of completion of the work, the Contractor shall clean and adjust all hardware and replace any damaged parts. 8.5 SPECIALTIES A. PRODUCTS 1. MATERIALS AND MANUFACTURE a. Abrasive cast aluminum saddles; minimum 3/8" thickness, shall be formed to profiles and sizes indicated on drawings and shall be as by A. Nitt and Son, Wooster or American Abrasive Metals Co. b. Extruded aluminum saddles: shall be #655 as by Zero Weather Stripping Co. Inc., #1110 as by A. Nitt and Son or #171 by Pemko. c. Ail other materials as herein specified. EXECUTION INSTALLATION. a. Install door saddles full length of door opening, scribed to frames, set in bed of caulking compound and anchored with 3/8" white bronze flush head expansion bolts 12" o.c. Provide removable cover plates of matching .design where floor hinges GLAZING PRODUCTS 1. MATERIALS AND MANUMACTURE a. Glass shall be as manufactured by Pittsburgh-Plate Glass Co., Libby-Owens Ford Glass Co. or ASG Industries Inc., unless otherwise noted. DIVISION 8 CONTRACT NO.1 DOORS AND WINDOWS 8.6 GLAZING (Continued) A. PRODUCTS 1. MATERIALS AND MANUFACTURE b. Safety glass: 1/4" thick tempered glass om~ os shown (1) Ail doors, both exterior and interior. (2) Ail sidelights, both exterior and[ interior. on drawing. (3) All vision panels, fixed or sliding. (4) Ail tempered safety glass shall have the MANUFACTURER'S SEAL INSCRIBED ON EACH LIGHT. Caulking for glazing shall be "Tremglaze" by the Trem¢o Manufacturing Co., "Plastic-glaze" by the Gibson Homans or "Dap 1012" by the Dow Corning Corp. Joint cleaner, primer and sealer: Recommended by the manufacturer of the primary glazing material for each specific use. Co. e. Other materials hereinafter specified. B. EXECUTION 1. INSTALLATION All work shall be performed by mechanics skilled in their trade and work shall be executed in a first class workmanlike manner. All measurements and sizes for work shall be obtained and verified by Contractor, who shall be responsible for the correct and accurate fitting of all ]his work. Glass shall be well bedded and back ]puttied and all surplus compound and marking shall be carefully removed from doors, sash and adjoining work while still fresh. Compound shall be finished in true, even lines, neatly and smooth faced. 2. ADJUST AND CLEAN a. Glass shall be cleaned and all broken glass shall be replaced and cleaned before the Contractor leaves the project. 8-7 CONTRACT NO.1 DIVISION 9 FINISHES 9.1 FINISHES A. GENERAL 1. DESCRIPTION The work of this Division is subject to all applicable provisions of the "General Conditions", the "Supplementary and Special Conditions", and "Division 1 General Requirements", which form a part hereto whether attached hereto or not. The work under this heading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all finishing work including but not limited to the following: (1) Lath and plaster. (2) Ceramic tile work. (3) Terrazzo (patch existing). (4) Acoustic ceilings. (5) Resilient flooring. (6) Vitreous finish. (7) Painting and finishing. (8) Vinyl Wall Covering. 2. QUALITY ASSURANCE All materials shall be free from defects impairing strength, durability or appearance and shall be the standard best or top brand produced for each particular kind of material required. 3. SUBMITTALS Submit samples in accordance with the General Conditions for each.kind and type of material proposed for use under this heading. Complete and accurate shop drawings of acoustical ceiling work specified herein shall be submitted to the Engineer for approval. Shop drawings shall indicate layout and extent of acoustical tile ceilings, details of mechanical suspension system, method of attachment, layout and dimension location of all recessed lighting fixtures, relation of ceiling with adjacent work, and ~11 other pertienent information. 9-1 CONTRACT NO.1 DIVISION 9 FINISHES 9.1 FINISHES (Continued) A.4. DELIVERY~ STORAGE AND HANDLING a. Ail materials shall be delivered in their original unopened packages or containers. b. Store in an enclosed shelter providing protection from damage and exposure to the.elements. c. Damaged or deteriorated materials shall be removed from the premises. 5. JOB CONDITIONS Properly protect work included under this division and adjacent work of others from damage. Maintain protection until completion of the work of all trades, or as directed by the Engineer. 9.2 LATH AND PLASTER A. PRODUCTS 1. MATERIALS a. Sand: ASTM C-144. Portland Cement: ASTM C-150 Type Hydrated Lime: ASTM C-207. Water: Drinkable, from public source. Exterior Finish Stucco: "Oriental" Exterior Finish Stucco as by U.S. Gypsum, or equivalent products by National Gypsum or Celotex. f. Ail other products as herein 2. MANUFACTURE a. Unless otherwise noted above, manufactured by U.S. Gypsum, 3. MIXING specified. listed materials shall be as National Gypsum or Celotex. a. Mix materials dry to proportions listed above. Then add water with an approved bonding agent proportioned as recommended by the manufacturer. Only enough water should be used to provide a stucco of workakle consistency. 9-2 CONTRACT NO.1 DIVISION 9 FINISHES 9.2 LATH AND PLASTER (Continued) B. EXECUTION 1. APPLICATION Finish Coat: Finish stucco with approved bonding agent shall be applied to masonry. Before applying the finish coat, the surface of the masonry shall be dampened evenly to obtain uniform suction. The thickness of the finish coat shall be sufficient to obtain a texture to match existing adjacent surfaces. Excessive troweling shall be avoided. Finish coat shall be moist cured for 48 hours after application. 2. CLEANING AND PROTECTION a. The Contractor shall protect the work of other trades against damage or undue soiling. Upon completion of this portion of the work, promptly inspect all adjacent surfaces and remove all traces of spilled and splashed plaster. 9.3 CERAMIC TILE A. PRODUCTS 1. MATERIALS am Floor Tile: Unglazed porcelain ceramic mosaics, factory mounted in sheets, all purpose edge, colors, designs and sizes selected by Engineer. Wall Tile: Glazed ceramic tile 4-1/4" x 4-1/4" with integral cove base, bullnose and other necessary shapes: Colors as selected by Engineer. Cove Base: Matte glazed ceramic tile 4-1/4" x 4-1/4" round top, coved bottom complete with all necessary shapes. Colors as selected by ~mg;meer. d. Water: Drinkable, from a public source. e. Portland Cement: ASTM C-150 Type 1. f. Sand: ASTM C-144 g. Portland Cement Mortar: Conforming with ANSI A-108.2 - Mortar 1 part Portland Cement, 6 parts damp sand by Volume. Bond coat Portland Cement paste. h. Dry-Set Mortar: Conforming with ANSI A-118.1. Provide TCA Formula 759 for ceramic mosaics and TCA Formula 763 for wall tile. / 9 - 3 CONTRACT NO.1 DIVISION 9 FINISHEs 9.3 CERAMIC TILE (Continued) A.1. i. Dry Wall Grout: Same characteristics as Dry-Set Mortar. J. Other materials hereinafter specified. 2. MANUFACTURE a. Above listed materials shall be as manufactured by members of the Tile Council of America, Inc. B. EXECUTION 1. INSPECTION Prior to installing tile, inspect surfaces to receive tile ~nd notify the Engineer in writing of any serious defects or conditions that will interfere with or prevent a satisfactory tile installation. Do not proceed with installation until such defects or conditions have been corrected. The starting of installation work in a room shall imply acceptance of the surfaces to receive tile in that room. 2. INSTALLATION a. Provide all necessary shapes, with square internal corners and bullnosed external corners. b. Lay out work so that no tile less than half size occurs. Align joints parallel and at right angles to each other. Install factory mounted tile with Joints between sheets the same width as Joints within the sheets so that the extent of each sheet is not apparent in the finished work. d. Where piping penetrates tile, drill l:he tile and fit over the pipe stub and sleeve. Do not cul~ and piece tile. e. Leave 1/8" wide x 1/4" deep open Joint at inside corners and at door frames and caulk to match grout, only after installation is set and grout cured· f. Floor tile for areas to be patched shall match existing size, pattern and color. Areas indicated on the drawings to be patched shall first be cut out to a minimum depth of 2". Set floor tile in Portland Cement mortar, setting bed shall comply with ANSI A-108.2. h. Set floor tile, wall tile and cove base in dry-set mortar, comply with ANSI A-118.1. 9-4 CONTRACT NO.1 DIVISION 9 FINISHES 9.3 CERAMIC TILE (Continued) B.3. ADJUST AND CLEAN a. Barricade rooms after tiling until floors have set and cured. b. Tiles which become marred or broken prior to the issuance of the Certificate of Final Acceptance shall be replaced by the Contractor at no cost to the Owner. Upon completion, thoroughly clean all tile. Do not use acids or other agents liable to damage the tile. If surfaces show mars, scratches, cracks or other imperfections which cannot be removed by cleaning, remove the defective material and replace with new material. 9.4 GYPSUM DRYWALL (Wherever needed.) A. PRODUCTS 1. MATERIALS Type X Gypsum Wall Board: As requi~ed, otherwise noted, 48" wide in lengths as to minimize number of joints. 1/2" thick unless long as practical Fasteners: Type S Bugle head screws. by manufacturer for the various panel c. Metal Trim: USG No.200 ("J" Molding). d. Corner Bead: Dur-A-Bead No.103 Lengths as thicknesses. recommended e. Joint System: USG Perf-A-Tape joint: reinforcement. f. Control Joint: USG No.093. g. Adhesive: USG Durabond No.500. h. Perf-A-Tape Joint compound and Perf-A-Tape topping compound. i. Other materials hereinafter specified. J. Above listed materials are manufactured by U.S. Gypsum. Equiva- lent products of National Gypsum or Celotex will be accepted. EXECUTION 1. INSTALLATION A~ply wallboard with long edges parallel to, and centered over studs. Headers or backing must be provided behind horizontal Joints. At no time should the corners of four boards meet at one single point. 9-5 CONTRACT NO.1 DIVISION 9 FINISHES 9.4 GYPSUM DRYWALL (Continued) B.1. b. For single layer vertical application of gypsum panels, space screws 12" o.c. in field of panels and 8" o.c. staggered along vertical abutting edges. For horizuntal panel application, space screws 12" o.c. in field and along abutting end Joints. For application of gypsum board over gypsum backing board, concrete block masonry or plaster, use adhesive attachment as recommended by manufacturer. Wallboard joints on single layer or the face layer on layer applications, shall not occur within 12" of the corners of door frames. two Provide metal trim at Junction of wallboard and adjacent materials. Metal corner bead shall be securely installed at all external corners. Finish with Joint compound, as required. f. Control Joints shall be used to isolate wallboard surfaces where partition or furring runs exceed 30 feet. Fasteners shall be driven not less than 3/8" from edges and set to provide a 1/32" deep dimple. Screw lengths must be not less than 1/2" greater than the total thickness of material being fastened. Using a broadknife, butter joint compound into recess formed by tapered edges of adjoining wallboard panels; fill channel evenly. Apply tape to full length of each joint, centering it over Joint. Use moderate pressure on broadknife to embed tape in compound. Remove excess compound. Treat all butt joints and interior angles in a similar manner. Fill depressions around screwheads with first coat of Joint compound. i. After first coat is dry, apply second coat of compound to Joints and screwheads. Feather out compound on each side of tape. When second coat is dry, sand lightly. Apply finish coat of regular compound or topping compound to Joints, screwheads and nicks. After 24 hours, sand smooth for paint finish. 9.5 ACOUSTIC CEILINGS A. PRODUCTS 1. MATERIALS AND MANUFACTURE The manufacturer's standard recommendation shall be the minimum acceptable method, material, accessory and/or procedure. However, where said manufacturer's standard recommendations are lesser in any way, shape or form than anything contained herein, the acoustical contractor shall proceed in accordance with the provisions of this specfication insofar as they may Le applicable. 9-6 CONTRACT NO.1 DIVISION 9 FINISHES 9.5 ACOUSTIC CEILINGS (continued) b. Sizes shall be as required by field conditions and/or as specified. Requirements as per the Engineer's directions shall govern. Flame Spread: Ail finished materials utilized herein shall have a flame spread of not more than 25, as tested and reported by Underwriter's Laboratories, Inc. d. Acoustical Material: To match existing. e. Suspension System: To match existing. B. EXECUTION 1. INSPECTION Inspect the work on which this section is report any discrepancies to the Engi[neer, prior to proceeding with installation. dependent and in writing, 2. INSTALLATION a. No acoustical tile work shall be installed until all wet work is complete and dry. b. Respect and adhere to existing modules, design and surface. c. Acoustical contractor shall install acoustical material in type, size and surface design to match existing. d. Sbspended grid shall be leveled to within 1/8" in 12 feet. 3. ADJUST AND CLEAN Following installation all dirty, ahraded or discolored surfaces of acoustical work shall be cleaned and left free from blemishes or defects. Ail work which is improperly applied shall be removed and replaced at no cost to the Owner and the entire installation left in complete and satisfactory condition. be All other trades including other prime contractors damaging or causing damage to the finish work under this section shall compensate the Owner, who in turn, shall compensate the acoustical contractor for repairs or replacements necessitated by said damage. CONTRACT NO.1 DIVISION 9 FINISHES 9.6 RESILIENT FLOORING A. PRODUCTS 1. MATERIALS a. Vinyl Asbestos Tile: 1/8" thick, i2" x 12" face size. b. Vinyl Dividing Strips: 1" wide x 1/8" thick. Colors to match · existing. Install under doors between rooms which are to have vinyl asbestos flooring of different colors and at junction of vinyl asbestos flooring and other material. Vinyl Base: Topset cove base 1/8" thick by 4" high ribbed back rounded top, as manufactured by' Congoleum Indus'tries Inc., Kentile Incorporated or .Armstrong Cork Company. Colors as selected by the Emgineer. Provide corners of 1/8" thick material at all internal and external corners. Reduce vertical Joints to a minimum with straight base sections of maximum lengths. d. Resilient flooring for areas to be patched shall match existing size, pattern and color. e. Base for areas to be patched shall match existing size and color. f. Adhesives: In general, cut back water-resistant cement as made by the manufaoturer of the resilient flooring materials. g. Wax: Type and quality as recommended by the manufacturer whose material is used, and as approved by the Emgimeer. h. Other materials hereinafter specified. MANUFACTURE a. Amtico, Azrock Floor Products, Kentile Inc. or Armstrong Cork Co. Colors and patterns as sel.ected by the Engineer. B. EXECUTION 1. INSTALLATION Installation: In accordance with standard specifications and manufacturer's directions. Lay to insure close even Joints, good contact with finished surfaces and in true plane. Lay tiles square with room axis, starting at center line of space, with opposite border, tiles of equal width. Cut, fit and scribe border tiles to wall. Maintain full size tiles in field. Lay tiles to approved pattern. b. Base shall be installed straight and true, terminating against outer edge of door frame. 9-8 CONTRACT NO. 1 DIVISION FINISHES 9.6 RESILIENT FLOORING continued) B.2. ADJUST AND CLEAN a. After base and flooring have been set, they shall be cleaned with a neutral cleaner as recommended by tile manufacturer. After cleaning, inspect the work for necessary adjustments. Replace tiles and base that do not bond. Replace tiles that have impressions, chipped, broken or fractured. Apply two coats of water emulsion wax on all floors and base of type recommended by the manufactt~rer of the tile. Allow wax to dry thoroughly. Polish between coats, and after second coat, with a mechanical buffer. Obtain a clean, high lustrous sheen. Wait between setting of tile and waxing. 9.7 VITREOUS FINISH A. PRODUCTS 1. MATERIALS AND MANUFACTURE Spray on vitreous finish shall be "Ceramix" multi-stage coating as manufactured by Preco Corp., or equivalent product of Vitricon, Inc. 2. MIXING The materials shall be mixed at the factory and supplied in factory sealed, pre-measured kits which shall contain the complete quantity of special liquids and powders. The kits shall be mixed in accordance with the manufacturer's specifications and no sand, dust, cement or other fillers shall be added at the Job site. B. EXECUTION 1. PREPARATION Inspect existing vitreous finished wall surfaces and sand to roughen affected walls to create a surface to which new vitreous finish'will adhere, ttoles or patches shall be filled flush and sanded smooth. Ail surfaces shall be clean and free of oil, dirt or grease. The installation of any part of the work shall be construed as an acceptance of the surface over which the spray on vitreous finish is applied. The Con,tractor shall give the ~m~imeer a statement in writing of any condition that does not conform with the specifications or with best practice. 9-9 CONTRACT NO.1 DIVISION FINISHES 9.7 VITREOUS FINISH (Continued) B.2. APPLICATION Apply new vitreous finish to existil~g vitreous finished interior wall surfaces which have been patched because of alteration work. Apply to entire affected wall using factory trained and licensed applicators. The following method of application shall be considered as standard procedure. However, the applicator may make such changes in procedure as shall be dictated by conditions on the job. In no case shall the stated procedure relieve the applicator from the responsibility to provide a complete installation which shall be the equal in quality to approved samples. l) Glaze coat shall consist of a two-component epoxy system, supplied in the color as selected by Emgimeer. Vinyls, lacquers, polyesters, varnishes or acrylics will not be acceptable. The mixed glaze shall be applied in two coats. The first coat, the sealer, shall be allowed to cure overnight before applicatic, n of the second, but in no case shall the first coat be allowed to cure for more than four days. If spatters are selected, they shall be of same composition as glaze coats, supplied in the colors to match existing. Each color shall be applied as selected by spray means, while glaze coat is still tacky. Spatters must impregnate and become integral with glaze coats. The completed finish shall, be hard, durable, highly resistant to scratching, witL a high gloss, and unaffected by acids, alkalis or cleaning cempounds. The completed finish shall not take marks, nor shall it be susceptible to staining of lipstick, crayon, ink, grease or pencil, and marks made by those materials shall be readily removable by the use of ordinary cleaning detergent and water. Colors shall be clear, non-fading, and lime.proof in quality. The finish shall adhere so tenaciously to its base, that separation from the base will not be possible without destroying the finish or the base. Ail work shall be uniform in color, texture, character and sheen. Each wall shall be started and carried through to completion without interruption. e. Colors to match existing adjacent surfaces. 9-10 CONTRACT NO.1 ~'~" DIVISION 9 FINISHES 9.7 VITREOUS FINISH (Continued) B.3. ADJUST AND CLEAN The Contractor shall protect his work at all times, as well as all adjacent work and materials, during the progress of his work. Protection shall be accomplished by masking, coverings, or other approved positive and effective means. Upon completion of the work, remove all defacing spots or marks from floors, walls, fixtures and other surfaces. Remove from the premises all rubbish and accumulated material caused by this work, and leave the work clean, orderly and in acceptable condition.. 9.8 PAINTING A. PRODUCTS 1. MATERIALS a. Raw linseed oil: ASTM ~-234. b. Boiled linseed oil: ASTM D-260. c. Turpentine: ASTM D-13. d. Shellac: Pure, white or orange gum, cut in pure denatured alcohol, using 5 pounds of gum to a .gallon. Orange shellac shall be used for painting over knots, sap and resinous woods. e. Putty: ASTM D-219, Class "B", white lead whiting putty. f. Ail other materials as herein specified. 2. COLORS a. Colors shall match exact color or as selected by the Engineer. Obtain approval before starting.work. 3. MANUFACTURE Anti Wooster Products, a. Except as otherwise specified, materials ~hall be painting and finishing products of the following manufacturers: Pratt and Lambert Pittsburgh Plate Glass Co. Benjamin Hoore and Company b. Slip Paint Strips: Epoxy ester alkyd base paint as by Inc. or approved equal. 9-11 CONTRACT NO.1 DIVISION 9 FINISHES 9.8 PAINTING (Continued) B. EXECUTION 1. PREPARATION All woodwork to be finished shall be sanded smooth and the surface cleaned before proceeding with the application of the first coat. Varnish finish applied to wood shall be sanded between coats with fine sandpaper to produce an even smooth finish. Hardware, switch and receptacle plates, etc., shall be removed wherever practicable before painting and replaced after, or these items which are in place shall be adequately protected during th~ painting operation. c. Use tarpaulins, drop cloths, masking tape, and other suitable covers to protect all surfaces from being spotted or marred. Remove rust from existing structural steel surfaces to receive paint. Surfaces shall be wire brushed, scraped and/or sanded to produce a smooth, clean surface to which new paint will adher~ 2. APPLICATION All work shall be executed by skilled mechanics in conformance with the requirements of the specifications. Do not apply in temperatures below 50° F. or above 90° F. Putty-stop, nail holes, imperfections and defacements after priming coat of paint, filler, shellac, or other sealer has been applied. c. All interior trim shall be back primed before installation with suitable primer. (1) Paint finish - Interior (2) Natural or stain finish Woodlife or equal. trim primer. ~lear wood preservative, d. Tpps and edges of doors shall be finished same as balance of doors after they are fitted. e. Ail coats shall be thoroughly dry and hard before the succeeding coat is applied. 9 -12 CONTRACT NO.1 DIVISION 9 FINISHES 9.8 PAINTI~IG (Continued) B.3. 'SCHEDULE a. Unless otherwise specified, Pratt and Lambert Catalogue. paint designation refers to the Products of equal quality as manufactured by other manufacturers may be used, as approved by the Engineer. b. Ail work shall be painted and/or finished in accordance with the following Schedule, unless otherwise noted. c. Interior Painting and Finishing (1) Ail hollow metal work and other metal work and equipment shall be painted as follows: 1st Coat - P & L Interior Trim Primer (may be omitted if material is primed by others when ~elivered to job) 2nd Coat - P & L Vitralite Enamel Undercoat 3rd Coat - P & L Vitralite Enamel Eggshell (2) Woodwork (stain and varnish finish) including solid stock, plywood, doors, trim and other running members shall be finished as follows (Typical unless otherwise indicated): 1st Coat - P & L Tonetic Wood Stain 2nd Coat - P & L "38" Pale Trim Gloss 3rd Coat - P & L "38" Pale Trim Satin (3) Woodwork (painted), where indicated, shall be finished as follows: 1st Coat - P & L Interior Trim Primer 2nd Coat - P & L Vitralite Enamel Undercoar 3rd Coat - P & L Vitralite Enamel Eggshell (4) Exposed registers, grilles, piping, ducts, anemostats, convectors, induction units, conduit, access door, panel boxes, corridor ceiling grid, etc., shall be painted as specified in (1) above to match adjacent surfaces. 9-13 CONTRACT NO.1 DIVISION 9 FINISHES 9.8 PAINTING (Continued) B.3. c. (5) Concrete block as follows: 1st Coat - P & L Primafil 2nd Coat - P & L Vapex Flat Wall Finish (6) Ail new structural steel shall be painted as follows: 1st Coat - P & L Noxide Protective Coating Red lead primer 2nd Coat - P & L Vitalite Enamel Underccat 3rd Coat - P & L Enamel Eggshell (7) Gypsum Drywall and Plaster as follows: 1 Coat P & L Vapex Wall Primer' 1 Coat P & L Lyt-All Double Duty Primer 1 Coat P & L Lyt-All Stippling Flat-stippled (8) Steel pipe rails as follows: 1st & 2nd Coat - Rust Oleum Corp. new color horizons. d. Tactile strip for handicap where indicated on drawing: (1) 9.9 VINYL WALL COVERING Anti-slip paint strips 1 Coat Wooster Product, Inc. (Wherever needed) "S~f e Stride" A. PRODUCTS 1. MATERIALS a. Vinyl Wall Covering: Complying with Federal Specification CCC-W-408. Weight, texture, color and pattern to match existing adjacent surfaces. b. Adhesive: Polyvinyl acetate base aqueous solution recommended and supplied by fabric manufacturer. 2. MANUFACTURE a. Products of the following vinyl wall covering manufacturers will be accepted: J. M. Lynne Co. General Tire and Rubber Co. Columbus Coated Fabrics, a Division 9-14 of Borden Co. CONTRACT NO.1 DIVISION 9 FINIS~ 9.9 VINYL WALL COVERING (Continued) B. EXECUTION 1. PREPARATION Surfaces to receive vinyl wall covering shall be grit, loose particles and surface irregularities. shall be smooth and even, free of defects. free from Surfaces Remove escutcheons, cover plates, an([ similar start of wallpaper operations, and store in a area u~til ready to be replaced. items prior to protected 2. APPLICATION a. Apply one coat of size or other surface sealer recommended by the fabric manufacturer. b. Wall covering shall be applied in strict accordance with the approved manufacturer's printed instructions, and as specified herein. Materials shall be hung with butt-Joints. Seams shall not overlap in corners or elsewhere, and shall be kept to a minimum. Horizontal joints shall not be permitted. c. The completed installation shall be smooth, clean and free of wrinkles, air bubbles or loose corners. ADJUST AND CLEAN Fixtures, frames, escutcheons, cover plates and other similar items which were removed during wall covering shall be replaced in their original place and condition. Misplaced spots and stains shall be completely removed without damage to the surface. CONTRACT NO.1 DIVISION 10 SPECIALTIES 10.1 SPECIALTIES A. GENERAL 1. DESCRIPTION The work under this heading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all specialties, including but not limited to the following: a. Metal toilet partitions. b. Metal urinal screens. c. Toilet room accessories. d. Room number and designation signs.~ 2. QUALITY ASSURANCE a. Products shall be standard best quality for the particular kind of material required. 3. SUBMITTAL Submit shop drawings and/or catalogue cuts for approval of all items herein specified in accordance with the requirements of the General Conditions or the Supplementary & Special Conditions. The shop drawings shall show all dimensions, details of construction, installation and relationship to adjoining work, where same requires cutting and fitting, and other. work required for a complete installation. 4. DELIVERY~ STORAGE AND HANDLING a. Delivery shall be in ample time to facilitate the work of this Division· 10-1 CONTRACT NO.1 DIVISION 10 SPECIALTIES 10.1 SPECIALTIES A. GENERAL 1. DESCRIPTION The work under this heading shall consist of labor, materials, equipment and appliances necessary to perform and limited to the a. Metal toilet b. Metal urinal d. furnishing all or required complete all specialties, following: partitions. screens. Toilet room accessories. Room number and designation signs. including but not 2. qUALITY ASSURANCE a. Products shall be standard best quality for the particular kind of material required. 3. SUBMITTAL Submit shop drawings and/or catalogue cuts for approval of all items herein specified in accordance with the requirements of the General Conditions or the Supplementary & Special Conditions, The shop drawings shall show all dimensions, details of construction, installation and relationship to adjoining work, where same requires cutting and fitting, and other. work required for a complete installation· 4. DELIVERY~ STORAGE AND HANDLING a. Delivery shall be in ample time to facilitate the work of this Division. 10-1 ~ONTR__ACT NO.1 DIVISION 10 . SPECIALTIES 10.2 METAL TOILET PARTITIONS A. PRODUCTS 1. MATERIALS Panels shall be 1" thick using two (2) sheets of #20 gauge minimum galvanized, bonderized, stretch-leveled steel assembled over and cemented under pressure to a double faced honeycomb filler. Sheets to be formed and locked on all edges with a Flushseal internal edge-reinforcing channel of #18 gauge galvanized, bonderiz~d, steel extending a depth of 3/4" into the door. The sheets shall be welded to this internal edge-reinforcing channel every 8". Pilasters shall be the same as "Panels" above, except that 'the pilaster's thickness will be 1-1/4" and the metal will be #18 gauge and the internal edge-reinforcing channel will be #16 gauge extending a depth of 1--3/8" into the.pilaster. Hardware - All hardware except where stainless steel is mentioned, shall be forged brass, chromium over nickel plating, satin finish. Stainless steel where called for, shall be 302 atainless steel, #4 satin finish. Shoe shall be 3" high, #14 gauge stainless steel. Fastenings for hardware shall be made through and reinforced by the Flushseal internal edge-reinforcing channel. Panels shall be fastened to the walls with not less than three (3) #14 gauge 302 stainless steel stirrup brackets. Ail other fastenings shall be in accordance with manufacturer's specifications. e. Headrails - 1-1/2" square stainless steel tubing, where indicated on drawings. Curtains - 8 oz. white duck, extending to within 14" of finish floor, hung from headrail and attached with stainless steel hooks. ge' Finish Ail corners shall be mitered, welded and ground smooth. Ail surfaces to be painted shall be thoroughly cleaned and receive two (2) coats of premium quality synthetic baked enamel baked on over a rust and chemical resistant primer. Total thickness to be nominal 1-1/2 mils. E..~ineer shall select colors from manufacturer's standard range of colors. 2. MANUFACTURE Toilet compartments and screens shall be "Flushart" as manufactured by Flush Metal Partitien Corp., or an approved equivalent product aa manufactured hy Metpar Steel Products Corp. or Global Steel Products. 10-2 CONTRACT NO.1 DIVISION 10 SPECIALTIES 10.2 METAL TOILET PARTITIONS (Continued) B. EXECUTION 1. INSPECTION Toilet compartment manufacturer shall be responsible for Job dimensions and the toilet compartments shall be measured at the Job site, not taken from the ~m~]imeer'$ drawings. 2. INSTALLATION Partitions shall be rigidly assembled, free from dents, tool marks, warpage, buckles, and open joints. Secure pilasters to floor with expansion devices (3 per pilaster). Make hardware fastening thru edge-reinforcing channel. Conceal evidence of drilling and cutting by the finish work. Adjust hardware and leave in perfect working order. Unless otherwise shown, mount latches 3'-5" above finished floor level, coat hooks and bumpers in center of door and 3" below top edge. 3. ADJUST AND CLEAN Protect work against damage during erection and until completion of adjacent construction. The finished installation shall be free of smears, scratches, abrasions or any other imperfections. b. Thoroughly clean and polish metal toilet partition work prior to final acceptance. 10.3 TOILET ROOM ACCESSORIES A. MANUFACTURERS Toilet room accessories shall be as manufactured by Architectural Metalcraft Industries Inc., except where specified otherwise. Identifying number of the manufacturer, where listed herein, are given fo'r purposes of establishing a quality and design standard acceptable to the rqqineer. 2. Toilet room accessories may be manufactured by the. following companies: a. American Dispenser Co., Inc. b. Accessory Specialties, Inc. c. The Bobrick Corporation d. Miami-Carey Co./Panacon Corp. e. G.M. Ketcham Manufacturing Corp. f. Charles Parker Co. CONTRACT NO.1 DIVISION 10 SPECIALTIES 10.3 TOILET ROOM ACCESSORIES (Continued) Identifying MarkingS: N__o stamped on, printed on, or other identifying markings of the approved manufacturer shall appear on the exposed surfaces of any of the accessories furnished under this Section. B. MATERIALS G. eneral: Accessories, except as otherwise specified, shall be of forged brass with brushed chromium plate finish and concealed fastenings. C. ACCESSORY SCHEDULE Unless otherwise specified, accessory designations refer to the Architectural Metal Industries Catalogue. Products of equal quality as manufactured by other manufacturers may be used, as approved by the Emgineer. 2. All work shall be furnished and installed in accordance with the following Schedule, unless otherwise noted. Mirrors: Ketchum Manufacturing Company's "Hoegger Line C-939-S". Frame shall be 5/8" x 5/8~'' #18 gauge stainless steel angle, satin finished with mit,ared and welded corners. Mirrors shall be made from selected ]polished plate glass, with two coats of silver and then el,actrolytically copper clad with backing of #22 gauge galvanized steel. Size of mirrors shall be as indicated on drawings. Install with concealed fasteners. Tilt Mirrors: American Dispenser Co. "#573 fixed frame tilt mirror." Frame fabricated of 18 gauge, Type 18-8 stainless steel. One piece construction with 22 gauge galvanized metal back, and theft-proof mounting. Mirror 1/4" polished plate glass 16" wide x 30" high. c. Paper Towel Dispenser/Disposal': American Dispenser Co. #161 where indicated on drawings. d. Toilet Paper Holders: AMI - No. 1031D double restricted roll paper holder; AMI - No, 1032 single roll paper holder. Grab Ears: AMI Series #964 Water Closet Bar, shall be 1-1/2" O.D. satinfinish stainless steel grab bar and concealed mounted flanges of lengths and locations indicated on drawings. f. Robe Hooks: AMI - No. 1027 concealed fastening. 10-4 CONTraCT NO.1 10.3 TOILET KOC~ ACCESSORIES (Continued) C. 2. g. DIVISION 10 SPECIALTIES Sanitary Napkin Disposal: AMI - No.825 partition mounted dual napkin disposal fastened with tamper proof screws. AMI - No, 626 surface mounted at odd partition. h. Sanitary Napkin/Tampon Dispenser: AMI No.873 surface mount where Sndicated on drawings - Women'~ Toilets. 10.4 IDENTIFYING DEVICES A. PRODUCTS 1. MATERIALS Signs indicated on sign schedule: Die-raised aluminum signs as by Supersine Co. or approved equal., fabricated from .102 H-14 aluminum sheet or anodized aluminum sheet. Letter style Helvetica medium. Color as selected by Engineer from standard colors. b. Handicap Access Symbol: Vinyl decal Style No.SA35 Blue 3" x 3" as by Seton Name Plate Corp. or approved equal. B. EXECUTION 1. ~NSPECTION Inspect the work on which this section J.~ dependent and report any discrepancies to the Engineer prior to proceeding with installation. INSTALLATION Install die raised aluminum signs plumb and level at locations indicated on the drawings. Use approved fasteners to secure signs in place. Install handicap access symbols plumb and level at entries indicated on the drawings. 3. ADJUST AND CLEAN a. Clean all signs after installation to the satisfaction of the Engineer. 10-5 , CONTRACT NO. ] DIVISION ELECTRICAL ] ].1 GENERAL PROVISIONS A. GENERAL 1. The work of this D[vlsion is subject to all applicable provisions of the "Contract Agreement", "General Conditions" and "Division 1 General Requirements", which, £orm a part hereto whether attached hereto or not. B. CONTRACT DRAWINGS The accompanying drawings are intended to show the genesal arrangement and extent of work to be performed. The locations for equipment and material as shown on the Drawings are approximate. It shall be understood that they are subject to such modifications as may be found necessary to meet Job conditions. Such changes shall be made by this Contractor at no additional charge. C. WORK INCLUDED This Contractor shall provide all labor, materials, equipment and appliances, and perform all operations for the work as outlined herein and as shown on the Drawings. All work shall be performed in strict accordance with t]hese specifications and applicable drawings and are subject to the terms, general and special conditions of the Contract. The installation shall he in accordance with the National Electrical Code and all applicable municipal ordinances. This Contractor shall obtain and pay for any permits required for the installation of the specified work. Without restricting the generality of the foregoings the work to be furnished and :[nstalled under the Contract shall include but not be limited to the following: Electrical conduit (or armored cable) and wiring that is concealed in walls, slabs, ceilings, etc. and becomes exposed through any demolition shall be rerouted so that circuit integrity is maintained, and that system grounding intesrity is maintained. Electrical conduit thai; is exposed and must be moved due to demolition or othe~ reasons shall be rerouted as above. Ail rerouting must meet with advance approval of the ~ngineer.- b. In addition to the work shown on the drawings and indicated in the specifications, this Contractor' shall allow in his base bid all labor and materials required for the relocation and rewiring of a mfnimum of 5 devices: per building. c. Any equipment that is removed and not relocated shall be turned over to the Owner, Resident Engineer ar Clerk o£ the Works. All other debris and/or unwanted equipment shall become the property of the Contractor and shall be legally disposed o£ at his .expense. 11-1 CONTRACT NO. 1 DIVISION ELECTRICAL 11. ] GENERAL PROVISIONS (Continued) C. 1. d. Remove, relocate or blank off light switches, receptacles, lighting fixture outlets or other electrical devices. e. Install new light switches, receptacles, lighting fixture outlets, lighting fixtures or other electrical devices. Cut through existing walls, ceilings and floor as required; patch to match existing. Removal and reinstallation of ceiling tiles as required. Certificate from the N.F.P.A. Bureau of All wiring to be in conformity with the Code 1978 Edition. Electricity. National Electric Testing of all circuitry and equipmefit. D. TESTS; PERMITS~ INSPECTION CERTIFICATE 1. TESTS Ali tests specified herein shall be performed to the satisfaction of the Engineer before final acceptance. No test shall be performed without the presence of the Engineer. The Electrical Contractor shall notify the Engineer 48 hours in advance of starting any test. be No allowance shall be made for any test required by the Engineer, including such additional tests.as may be deemed necessary to assure reliability and safety of the system, equipment, material and workmanship. TeSts shall include the following: 1) Insulation and grounding. 2) Lighting installation and switching. 3) Convenience Receptacles: s) All receptacles shall be tested fo~ grounding continuity using a voltmeter set at line voltage between hot leg and neutral, hot leg and grounding slot and hot leg and metal box. No difference in the voltage readings will be ac- cepted. b) Receptacle circuits, chosen at random by the Engineer, shall be shown to be free of leakage currents, using a ground fault detector/indicator/sensor. Circuits showing leakag~ currents over .005 AMPS (5 ma) will not be ac- ceptable. 11-2 DIVISION 11 CONTRACT NO.] ELECTRICAL ]1.1 GENERAL PROVISIONS (Continued) 4) Lighting Switches: a) Switches shall be tested for quiet operation· 2. PERMITS a. This Contractor shall secure all necessary town and other municipal permits and pay for same. 3. INSPECTION CERTIFICATE a. This Contractor shall, at his own expense, furnish the County with a Certificate of Inspection from the New York Board of Fire Underwriters (Bureau of Electricity) attesting that all electrical work in this contrast has been inspected and is in compliance with the National Electrical Code (latest edition). 4. GUARANTEE a. All work shall be guaranteed by the Contractor against defects or malfunction of equipment resulting from the use of inferior materials, equipment or incompetent workmanship for a period of one year from the final acceptance of the Contract, this date as determined by the Commissioner in writing, and all guaranty/ warranty, unless specifically noted otherwise, shall commence from that date. E. QUALITY ASSURANCE All electrical work shall be designed and installed to meet the requirements of the National Electric Code (N.E.C.) latest edition as prepared by the National Fire Protective Association (NPPA); the rules and regulations, where applicable, of the Long Island Lighting Company (LILCO); the standards of the National Board of Fire Underwriters (NBFU), National Electrical Manu- facturers Association (NEMA); and the New York State Building Code, local codes and ordinances· All electrical equipment shall bear the seal' of approval of the Underwriters Laboratories, Inc., (U.L.) and comply with the Occupational Safety and Health Act (OSHA). All current carrying components shall be copper. All cables and wire shall be of approved manufacture and shall meet with the requirements of the National Board of Fire Under- writers. Each reel of cable and wire shall bear the tag con- raining the Underwriter's approval stamp, n~me of manufacturer, trade name of the wire and the date of manufacture. Wire con- nectors shall have Underwriters Laboratories, Inc. approval· 11-3 CONTRACT NOol DIVISION ELECTRICAL ll.I GENERAL PROVISIONS (Continued) 5. All equipment described herein shall be of superior quality and reliability and shall be a product .of a single manufacturer of established reputation and experience, who shall have produced similar apparatus for a period of at least three years amd who shall be able to refer to similar installations now rendering satisfactory service. F. TEMPORARY LIGHT & POWER During the course of this Contractor's work it may become necessary to shut down circuits and equipment. All planned outages shall be approved in advance by the Resident Engineer or Clerk of the Works. Where lighting.and/or power is turned off, either planned or inadvertently, this Contractor shall provide temporary lighting and power for other trades' use until such time as normal lighting or power has been restocked. 11.2_ BASIC MATERIALS AND METHODS A. CONDUIT AND FITTINGS e Ail conduits required for the work shall be standard galvanized rigid steel pipe, electric metallic tubing, flexible conduit or surface metal raceway, as herein specified. All conduits shall be furnished and ins~alled with the requir~- merits herein specified, conforming with the sizes indicated on plans and with the requirements of.the N.E.C. Minimum size of conduits shall not be less than 3/4". All rigid electrical steel conduits shall be best grade, standard weight, steel piping, hot-dipped galvanized. The pipe shall bend cold 90° about a radius equal to 10 diameters without a sign of flaw or fracture in either pipe or protective coat. They shall be delivered to the work in bundles of full length pipes, each length marked with the trademark of the manufacturer. Ail electrical metallic tubing (EMT) shall be conform in general to rigid steel conduit. best grade and 11-4 CONTI:LACT NO. ] DIVISION ELECTNICAL ll.2 BASIC MATERIALS AND METHODS (Continued) Ail flexible conduits (FLEX) shall be best grade interlocking spiral strip steel, 'thoroughly annealed and fully coated with metallic zinc. The interlocking spiral strip construction shall be such as to permit bending of the conduit to a radius of six times the internal diameter without spreading or deforming the strips. The' interior and exterior of the flexible conduit shall be smooth and free from burrs or sharp edges. 6. Surface metal raceway shall conform to NEC 1978 Article 352, . and be compatible with existing metallic: raceways. 7. All fittings (hangers, clamps, brackets,, couplings, connectors, locknuts, bushings, etc.) shall be hot-dipped galvanized. 8. EMT fittimgs shall be of the "compression" type. No set screw fittings will be approved. 9. Rigid steel pipe fittings shall be threeded. No fittimge for rigid steel pipe will be approved. OUTLET BOXES "threadlees" Outlet boxes shall be supplied for all switches, receptacles, lishtimg fixtures, etc. All exterior boxes shall be cast yeatherp~oof. ]~.3 APPROVED MANUFACTURERS A, GENERAL 1. Provide equipment and material of manufacturers listed in this Equipment or materials of manufacturer other than those indicated in this sectiom will not be considered except as provided for under the "Gem.fsi Conditions." .B. CONDUIT AND FITTINGS 1~ Adalet 2. Anaconda 3, Appleton 4. Gedney 5. General Electric 6. Republic Steel 7. Thomas & Betts 8. Walker/Parkersburg 9. Wit.mold 10. Youngstown Sheet & Tube 11-5 CONTRACT NO. ] DIVISION 11 1]~ APPROVED MANUFACTURERS (Continued) C. BOXES 1. Appleton 2. Crouse Hinds 3. Efcor 4. Gedney 5. Steel City 6. Walker/Parkersburg 7. Wiremold D, WIRE 1. Anaconda 2. General Electric 3. Phelps Dodge 4. Triangle 5. Westinghouse WIRE CONNECTORS AND SPLICING MATERIALS 1. Buchanan 2. Burndy 3. Efcor 4. Holub 5. Ideal 6. Plymouth 7. 3M F. RECEPTACLES~ SWITCHES AND COVERS 1. Bryant 2. Circle F 3. Eagle 4. General Electric 5. Hubbell ELECTRICAL 11-6 CONTKACT NO. ] NIVISION 12 pL-~4~B I NG 12 'I GENERAL PROVISIONS A. GENERAL 1. The work of this Division is subject to all applicable provisions o~ the "Contract Agreement, "General Conditions" and "Division 1 General Requirements", which form a part hereto whether attached hereto or not. B. CONTRACT DRAWINGS The accompanying drawings are intended to show the general arrangement and extent bf work to be performed. The locations. for equipment and material as shown on the Drawings ars approximate. It shall be understood that they are subject to such modification as may be found necessary to meet ]ob condi- tions. Such changes shall be made by this Contractor at no ad- ditional charge. The following is the list of drawings for each library upon which the Contractor shall base his bid and execute the work: Mattituck Free Library 1, 2; Southold Library 3, 4, 5 C. DESCRIPTION OF SYSTEM TO BE INSTALLED This Contractor shall provide all labor, materials, equipment and appliances, and perform all operations for the work as outlined herein and as shown on the Drawings. All work shall be performed in strict accordance with these speulfications and applicable drawings and are subject to the terms, general and special conditions of the Contract. This Contractor shall obtain and pay for any permits required for the installation of the specified work. Without restricting the generality of the foregoings the following is a general listing, not necessarily complete of the work to be furnished and installed under this Contract, / a. Provide and install: 1) New lavatories, carriers and fittings. 2) New urinal, carriers and fittings. 3) New floor mounted wheelchair water closets and fittings. 4) 5) 6) Remove and relocate water closets and fittings as indicated in drawings. Remove and raise existing lavatories and fittings (provide and install new lavatories and carriers if required). New wheelchair water coolers and fountains and stainless steel cover plates as required. 12-1 CONTRACT NO. 1 DIVISION 12 t2. 1 GENERAL PROVISIONS (Continued) 'PLUMBI~ C. 1. b. Provide all necessary soil piping, vent piping, water piping,. insulation and all miscellaneous accessories as shown on the drawings and specified herein· c. Do all cutting, patching, repairing, finishing, ceiling removal, new ceilings as required. d. Testing of all new and altered systems. e. Guarantees and servicing. D. WORK NOT INCLUDED 1. The following items of work are included[ under Division 11.- a. Ali Power Wiring E. SHOP DRAWING The Contractor shall submit for approval., shop drawings on all equipment and materials furnished and installed under this contract and shall include but not be limited to the following: a. Ail fixtures, carriers and fittings b. Ail flush valves. c. Electric water coolers and water fountains. F. DISPOSAL OF REMOVED EQUIPMENT The Contractor shall remove all equipment from the buildings as required. The Engineer shall inspect the equipment to determine the disposal therof. Ail removed equipment not wanted by the Own'er shall be disposed of by this Contractor. 156.2 BASIC MATERIALS AND METHODS A. GENERAL Piping shall be concealed in chases, shafts, ceilings and walls wherever possible. Piping shall be run as straight and direct as possible, either at right angles to or parallel with walls, floors, and ceilings. Piping in or at ceiling shall be hung as close as possible to construction above. Reducing fittings shall be used wherever a chsnge in size occurs. No bushings shall be allowed. Unions must be installed, whether shown on the Drawings or not, to permit the disconnecting of all valves and all pieces of equipment. Allowance shall be made for expan- sion and contraction of piping· "Swing joints" shall be used at all connections to equipment, mains, risers, and branches. 12-2 ~N%RACT NO. ~ DIVISION'12 12.2 A. 2. PLUHBING BASIC MATERIALS AND METHODS (Continued) Piping systems shall include all piping, fittings, and ac- cessories necessary to'make each system complete. Pipe shall have burrs removed by reaming. Open ends of pipe lines or equipment shall be capped to keep dirt out of the system. Ail piping shall be arranged so as not to interfere with removal of other equipment or devices, and so as not to block access to manholes, access openings, windows, doors and passageways. All trim, fittings, traps, etc.. specified herein shall be chromium plated unless specifically noted otherwise. All fixtures shall be supplied in white. All fixtures shall have individual stops. All flush valves shall be installed in accordance with good practice and as recommended by the manufacturer· Contractor shall submit to the Engineer for approval prior to purchase of any plumbing fixtures, detail drawings showing method of supports for all lavatories, uti'hals and water closets. B. PLUMBING FIXTURES 1. Standard Lavatory Lavatory shall be American Standard lavatory 20" x 18" vitreous china, front overfJow~ securely mounted to wall. Faucet shall be Heritage gooseneck with aerator and 4" wrist handles. 2. Standard Urinal Urinal shall be American Standard washbrook model number 6230 vitreous china, wall hung, blowout, with 1-1/4" top spud. Wall hangers-outlet connections threaded 2' inside, 2 lag screws. 3. Handicapped Water Closet (Floor mounted) Water closet shall be American Standard Elongated Cadet model number 9468.018, 18" high, sipFJon jet elongated bowl, 1-1/2" top spud, vitreous china. Provide new Sloan Royal Flush Valve model No. 115. Seat shall be solid plastic with 1' spacer to raise seat to 2" overall dimension and shall be Olsonite Corporation model No. L210-N-SS-CC. 12-3 CONiTRACT NO. 1 12.2 BASIC HATERIAL~ ~ HETHODS B. 4. Faucets for Existing Lavs (Continued) DIVISION a. Faucet shall be American Standard Heritage centersst' lavatery faucet, aqnaseel valves, renewable seats, 4" wrist blades, gooseneck spout with aeratcr, all chrome finish~ Approved Henufacturers a. Fixture approved manufac, turers shall be American Standard, Crane and Kohler. b. Drinking fountains and electric water cooler shall be Halsey Taylor, Oasis, Sunroc and Elkay. C' PIPE AND PIPE FITTINGS 1. Water piping: Type L hard drawn copper tubing as per ASTH-B-gg. 2. Water pipe fittings: Wrought copper solder ty~e as per ASA B-16.22 3. Solder: 50-50 Lead-tin. 4. Drainage, vent piping and fittings 3" and larger: Extra heavy, cast iron and spigot conforming to ASTM A-74 amd ASA A-&0.1. 5. Drain&lc, vent piping and fittings 2-1/2" and smaller shall be Schedule ~0 galvanized steel screwed. D. PIPE HANGERS AND SUPPORTS Piping shall be supported or hung in such a manner as to adequately secure pipe in position and maintain proper pitch, prevent vibration, and permit expansion and contraction. Piping shall not be supported from work of other trades or other piping. Hangers and supports shall bear directly on pipe surface for all piping excepting those pipes conveyItng liquids below the surrounding temperature. For these pipes only, the hangers and supports shall bear on 18 gauge, galvanized steel saddles, placed between the hanger and the insulation. Saddles shall be of sufficient length to distribute the loading and have rolled or lapped edges to protect the insulation. 3. Hangers and supports shall be provided at le'ast at horizontal intervals of 8 feet for copper tubing· 4. Supports and hangers shall be of material similar to that of the work they support. 12.3 INSULATION A. GENERAL 1. This Contractor shall furnish' all'pipe insulation required to minimize heat loss, heat gain, to prevent condensation, and to protect the handicapped-from the drain piping and hot water at each lavatory. The insulation shall be applied only by qualified insulating mechanics. CONTRACT NO.1 / DIVISIOn'"12 PLUHBING 12.3 INSULATION (Continued) B. CONCEALED COLD WATERI HOT WATEP ~ CIRCULATING NOT WATER RETURN PIPING Concealed piping shall be insulated with 1" thick pr,molded split type fiberglass pipe in~ulation with a factory applied all service Jacket which is white, flame retardant, an aluminum foil - Kraft paper vapor barrier Jacket and with 2" longitudinal and 4" circumferential sealing laps. Seal laps shall have a fire resistant adhesive. Fitting and valves are to be insulated with 1/2" foil faced fiberglass blanket tied in place with Jute twine and finished with insulating cement, 8 oz. canvas Jacket and vapor sealed. C. EXPOSED HANDICAPPED LAVATORY DRAIN PIPING & HOT WATER PIPING 1. Drain piping and hot water piping shall be insulated with a foamed plastic pipe insulation (J. M. Acrol:ube) 1/2" thick. Joints shall be glued together with J-M57 adhesive according to the manufacturer directors. D. APPROVED MANUFACTURERS 1. Approved manufacturers are Johns-Manville, Owens-Corning, Armstrong and Gustin Bacon. 12.4 PLUMBING A. GENERAL 1. Water Pipin~ All solder Joints shall be fluxed and soldered using a solder composed of $0-50 lead-tin. Care shall be exercised to assume a uniform flow of solder down to the shoulder of the fitting and completely around the Joint. Finish of Joint shall be neat and show a uniform fillet of solder completely around the Joint. Excess solder must be removed. be All piping shall be free of traps'and graded to permit complete drainage. Adequate drain valves shall be installed to permit complete drainage of systems. 2. Drainage Piping' All soil piping shall have a positive pitch. All soil and vent piping and fittings smaller than 3" shall be Schedule 40 galvanized steel screwed. All soil and vent piping 3" and larger shall be extra heavy cast iron with heavy hub and spigot fittings with double seal neoprene synthetic rubber seal. 12-5 ,CO~TRACT NO, ] i DIVISION ]2 PLUMBING 12.5 TESTING A. GENERAL 1. All tests specified herein shall be completed to the satisfaction of the Engineer before final acceptance. The Engineer or his representative, shall be the sole Judge(s) of the acceptability of the tests. The En§ineer may direct the performance of any such additional tests as he deems necessary in order to determine the acceptability of the systems, equip- ment, material and workmanship. No allowance will be made for any test required by the Eh§]neet. J Contractor shall perform any and all other tests that may be required by local municipality utility or other governing body, board or agency having Jurisdiction. Contractor shall notify E~gJneer 48 hours in advance of starting any tests and shall not undertake any such tests until acknowledgment of notification and approval has been received from the Engineer. ' B. DOMESTIC WATER PIPING All water pipe installed shall be 150 psi for a period of two hours Eng|meer or his representative. tested hydrostatically to in the presence of the No leaks will be repaired during the period of test, but will be immediately repaired thereafter and t]ae test repeated until no leaks appear within the test period. C. DRAINAGE PIPING After all fixtures have been permanently connected to the sanitary system, a smoke test shall be applied to the sanitary system, and the entire system proved tight to the satisfaction of £ngineer when filled with smoke under pressure equal to a 1 inch column of water. The smoke shall be produced by a smoke genera- ting machine and not by chemical mixtures. 12-6 TOWN COUNTY OF SOUTHOLD LIST OF DRAWINGS Of Of SUFFOLK NEW YORK DESCRIPTION IL--MATTITUCK 2- SOUTHOLD 5- TYPICAL LIBRARY LIBRARY DETAILS DWG. NOS 1,2 5, 4,5 6 MODIFICATIO TWO LI BRARI TO ACCOMMODATE ( FACILITIES FOR THE HANDICAPP REQU IREM EN SYMBOL LONG MATTITUC K LIBRARY M~ TITUCK I SL AND ~ON Oi EAST 'UCK SOUND H 0 LOCATION PLAN SCALE= 1"=3000~ SOUTHOLD LIBRARY PECONIC D _1 <~ Z 0 Z ACCESS APPROVED BY WILLIAM R. PELL,~ SUPERVISOR PRE.RED AND RECOMMENDED BY, CHAS. H. SELLS, INC. CONSULTING ENGINEERS WEST BABYLON BRUCE G. SMITH N.Y. STATE P.E LIC. N0.39177 0 DATE, ~ SURVEYORS .,I AO'Ot'T[ON ,t b~ ~nddl~d RAMP T~xtur¢ of ~ornp ~holl be zgroorn~d f/n/~hcd Pcrp~ndkulor to Pomp ~b PLAN SCALE 1/4"=1'- O" II ~Xpcn~x6n Jo½nt G" Porou~ ~'// -- YY¢# Compoctcd ~" Concr¢/c Bomp W/6'x d' c~/~ 1~/ k~ /~ ~--P/?ch ~omp /.'/~ A/on ~go ~urfoc~ SECTION "A-A" SCALE: !/,4"=1'=0" ~c2/bn "c-o" Exp, Jo -I SECTION "B-B" SCALE, I/2"= (-0" ~hr~ ( SLEEVE DETAIL "B" SCALE: 3% ILO ~h~ 5urfocc {o n c. Ex/~ 'on ~o;nb'- Conc#~f¢ ~ /ob For plotforrn PLOT PLAN Scole: I"= 20~-0" SECTION "C-C" SCALE I/4"=1'=0" PREPARED AND RECOMMENDED BY: 'CHAS. H. SELLS, INC. CONSULTING ENGINEERS ~ SURVEYCRS WEST BABYLON, NEW YORK BRUCE G. SMITH N.¥.$TATE RE. LIC. N0.39i77 SECTION "D- D" SCAthE: I "=1 LO" APPROVED BY= [,)/).~./.u~.' -F~ _~?_~_~,~ DATE, WILLIAM R. PELL TIT SUPERVISOR MATTI TUCK LIBRARY MODIFICATION FOR 504. COMPLIANCE TO ACCOMMODATE FACILITIES FOR THE HANDICAPPED SCALE: AS RAMP PLOT PLAN 8~ DRIVEWAY DETAILS I DATE: I DRAWING NO: SHOWN SEPT 4 198o I CHAS. H. SELLS, INC. CONSULTING ENGINEERS BABYLON PLEASANTVILLE ROCHESTER NEW YORK CHILDREN'S READING ROOM READING ROOM I MAI ~ITUCK HANDICAPPED ENTRANCE. LIGRARY UTILITY ROOM MEN'S & WOMEN'S TOILET (See De/lois this Sheet) OFFICE WORK AND ROOM MEN'S I~ WOMEN'S TOILET E LEV. "A" PART OF FLOOR PLAN SCALE, I/8 "= ILO'' V EST I B ULE · CONCRETE PLATFORM MAIN ENTRANCE PLAN SCA LE: 172'= ILO" p~rp~md/cMJ~y to Ramp ~lop~. y~/ T~ I~ C~rorok¢ Ti/c~ For /~a/a// ceramic DOOR BUCK SCALE: 5"= I'-0" 6xx*~flmc DOOR EL EVAT I0 N rVo4. Core DOOR BUCK ELEVATION SCALE: I/4"= I'=0" htorb/c ELEVATION "A" SADDLE DETAIL SCALE: I/2 FULL SIZE SCALE: I/2"= IL 0" I-Cat YVO/cr ~upPorfco' o? rkvo 7r/]eo ~o b~ u~c b5, Hand~coppc~(. ELEVATION "B" LEGEND ~nchorcd to Phc Ploor Irvi~h o F/oor $hoc. DETA'IL "C" , SYMBOLS E¢ncro/ Con-~trucl}on Plumbing ~GENERAL NOTES, GENERAL CONSTRUCTION: O Pcmov¢ EX/'~//'ng Door ond ?rome ~nlorpc OpcnJnq ond ~o~1oo~ ~/fh NP~ ~'-O"X GC~, ODor bn8 Pro~ lo~tol/ ~C~ ODor C/~cr fo PoI/ ~ l~pol/ l~a ~b ~or~, I~°~rom ~oll odd ~" obov~ ~ PcmovC ond ~loco/c 6Xl~//~9 l/ghf oho~o OO ~ ~ /nato// Hond/~gppcd e/~n.~cc Octo/I AID 5 ond Prov/d,~, ond /Go/o// Elcvo~/on ~h/~ OrO~ln~ ~o. G Mc~ ~o tho/ ~c from ~hc Snl~hcd f/oo~ Ad~/ ODor C/oscrj Pull/o ~ ~o~, or $cp/oc~ /mm/o//a A/c~v lever tVondlc fo /Pc/Hoc~ bhc ~vh~h ~cqu/rco Thumb ~c~/o~. Pcmove Ex/~tlh9 ~/~/ Floor. Prov/'do ond /n~to// C~l'c T//c~ for ~/oo~ ~d ~oI/~ om ~o~n on PLUMBING MATTITUCK L I BRARY MODIFICATION FOR 50~ COMPLIANCE TO ACCOMMODATE FACILITIES FOR THE HANDICAPPED ENTRANCE ~ REST ROOM PLAN, DETAILS E~ SECTIONS SCALE: DATE: DRAWING NO: AS SHOWN 5EP~. 4. (9~0 2 CHAS. H. SELLS, INC. CONSULTING ENGINEERS BABYLON PLEASANTVILLE ROCHESTER NEW YORK ?roper t~ //ne SOUTHOLD LIBRARY 20' -¢ X i? 0" i- Exl~tl'n~ Concrc/~ Plotform or, d StCp~, Pebu/Id o Ner~ PIo/£orm ~nd ~omp Da Ind/cotcd, 5cc For PUBLIC ~1, , ~. RESTRC,, (~d~l~// . HANDICAPPEE ~ ~hee/~ ) . ENTRANCE MAIN E TRANCE (~Y$~,~ )B I I /00 / - 0'~ ~o~d /o P~ma/n x ~ x fl x x xI I / / / / Fx/3/inq ~/oo~¢n £enc8 X 0 ~ 2~0' / I I I I I D£z ''s /~ ~ RoDe/ / 7'0 / X X X j ~C YVo/i~vo~i Wc~ ~q~pho//~ Pwven~em~ SECTION "A-A" NOT TO SCALE 6levo t/on PLOT PLAN SCALE I/8"=/'= 0" ,%'~g Top .~oil oz~d SECTION "B- B" NOT TO SCALE ---- &lope x/d'/FP. Ts/pc IW SECTION "C-C" SCALE 3/4"=1' =0" AND RECOMMENDED BY= CHAS. H. SELLS, INC. CONSULTING ENGINEERS ~ SURVEY)RS WESTBABYLON, NEW YORK BRUCE G. SMITH DATE, APPROVED BY WILLIAM R. PELLTIT SUPERVISOR DATE: SOUTHOLDi LIBRARY MODIFICATION FOR 504 COMPLIANCE TO ACCOMMODATE FACILITIES FOR THE HANDICAPPED PLOT PLAN RAMP & DRIVEWAY DETAILS SCALE: DATE' DRAWING NO: AS SHOWN SEPT 4~ 19~0 CHAS. H. SELLS, INC. CONSULTING ENGINEERS BABYLON PLEASANTVILLE ROCHESTER NEW YORK T sOUTHOLD LIBRARY ----- RAM P ANCE FOR HANDICAPPED u n · SEE DETAILS THIS SHEET B IPLAN SCAILE: 3lB"= I"-0" ~o-d Y~w~ or~.o.~0 -8" --/CO" X ~-0" Co~'/'nUc~ Concr¢/c Foo//~q SECTION "B-B" SCALE~ I/2"=1'-0" ~rod¢, I~'OG /P/OX. SEE THIS SHEET --/'~"I ~'-0' Continut~ SECTION" A-A" SCALE~ ~/8"= IL 0'' NOTE~ Co/or of fhm /Vcw Enlromcc Door EX/~/~. Thc F~mc ond . ~/~do~ obov~ ODOr to ?/¢' ~o//d ~vo Corm ~v/'/h ~ ~ho~vn, A/c r~ Hollo~v Matol ~pr¢~o'~r ~ DOOR ELEVATION DOOR BUCK ELEVATION SCALE: I/2"= I'-0" ~ of tnob ~rodG II II II SECTION "C-C" (AT ENTRANCE) SCALE= I/2"= ILO" ;ER DETA I L"C" ~/m~v Thrc~ho/d ~ Y/n, Floor o~ ~ho~vn. P/o/form DETAIL" C" SCALE: $"=1'-0" ENTRANCE FOR HANDICAPPED I CONTRACT NO. I SHEET I TOTAL NO. SHEETS Yl/mll Compoctcd ~'//l Top oF -- ~"/ ~ " /dc9 SLEEVE DETAIL "B" SCALE: 3"=1'-0" NOT E: hov~ ~" Min. Cover OH oround Cxccp~ oD Eotc~ DOOR BUCK SCALE: ~"=1'-0" £xl~½ng OooG /=roma ond Th/"¢~ho/d. /nato// /Vc~v Floor ?hrt~ hold SCALE: SOUTHOLD LIBRARY MODIFICATION FOR 504 COMPLIANCE TO AOCOMMODATE FACILITIES FOR THE HANDICAPPED 'RAMP, ENTRANCE SECTIONS 8~ DETAILS AS SHOWN BABYLON SEPT, 4, IDATE: 1980 [DRAWING CHAS. H. SELLS, INC. CONSULTING ENGINEERS PLEASANTVILLE ROCHESTER NEW YORK Drlb/c l~oll NO' 4 SOUTHOLD LIBRARY PUBLIC REST ROOM [ See Detoils this Sheet ) ENTRANCE I PART OF FLOOR PLAN SCALE I/8"= I'= 0" ELEVATION "C" TOI LET DOOR SCALE I/4"=1' =0" SADDLE DETAIL S£ALE: ¥2 FULL SIZE J ~ I~' TOI LET ,--~_ ELEV A ~o b~ Rcm, HALL ELI '~:" YVo// ELEVATI'ON "A" · ENTRANCE FOR HAND I CAPPED (For Deti]il See Sheet No I end ~ ) two doora on th~ a barrier ond shoulc/ olwo~ ?¢ open durin] h~rd r~/ hours. PLAN DP MEN~S & WOMEN'3 TOILET SCALE I/~,,= I'=0" w'd~ ond ?ne?oil A/¢~v ~4/rror 6o bm /~ubl/'c, -Prov/d¢ o/~d /no/o// Ccrorm/'~ ELEVATION "B" MEN'S WOMEN'S SCALE I/4"=1'-- 0" TOI LET LEGEND I I f-- --q L J SYMBOLS ® ® GENERAL NOTES rc~/Orc oll ¢urfocc on~ ~truc/uro/ Cond///on~ Cond/'t/'on~. Con/roe/or aho// Check ond Ycr)f~ oil nnd Cond/t~on~ of Job ~/'/c before Proctcd~n~ For G' ~ol/ T~b~ y =~"x ~ ~"~ ~'. GENERAL CONSTRUCTION, Door, CIo~c Exi~h'ng Opening ~/'th ¢om¢ No/mr/b/ ¢oor end Fromm, In.toll ~ c/~cr ~o Pull [n~yoll W~n~/'~cd ~, ~cc Ge/oH ~o. ~ ond 13, Oro~in~ ~o~. Prow'dc ond /~o// ~c~ ~/'r~or ~o Dc u~cd by PLUMBING N~w ~x'/L~t/½g ~Vork to b~ ~comrol Con~ruct/om P/umb?n~ gn~ronoc SCALE: SOUTHOLD LIBRARY MODIFICATION FOR 504 COMPLIANCE TO ACCOMMODATE FACILITIES FOR THE HANDICAPPED ENTRANCE AND HANDICAPPED DETAILS I DATE: I DRAWING AS SHOWN SEPT. 4, 1980 CHAS. H. SELLS, INC. CONSULTING ENGINEERS BABYLON PLEASANTVILLE ROCHESTER NEW YORK NO: 5 /%'n, ~/oor Jlot (~ ~P NO. I NO. 2 NO. $ NO. 4 NO. 5 NO. 6 NOS. I THRU 9 TYPICAL SCALE= IAZ"= I '-0" DETA I L on ¢oth ~l'd~ NO. 7 N. I.C. MOUNTING H EIGHTS ~/op~r Coo/~ ~ ?oun/o)n NO. 8 N.I,C. t2]nom~ ~ ? ,, ~7/~. .~. //~ FI~, Floor NO. g N.I.C. ~ 14Yoll 74/o Il z o:o~orD/ '~ld 5¢ /no/ , 9prjp/nG ~¢r~ ond ' No/st ond / ~ Boo'ground. NO. I0 NO. II , ~ /¢" J DETAIL NO. IO & Ilsc,~,~/~,,=~o,,TYPICAL MOUNTING HEIGHT? : - STRIPING DETAIL' NO. 12 DETAIL NO. I3 sc*~, ~/F=~o" PARKING SIGN SCALE: I/8"=1/0" MC/O/ port/'~½on~ con bo yVol]¢ ~loor or Cc/'ljnP Hung rytu~, o/~ ~-X~Om~/om I9o1~ Mo~onry Thru Zgo/t FRONT ELEVATION k-n~ror~cc. 7 SIDE ELEVATION DETAIL NO. 15 SAMARITAN SEAT WITH COUNTOURED LIFT NOT TO SCALE DETAIL NO 16 ~S'l IG'N NOT TO SCALE DETAIL NO 14 TYPICAL STALL ELEVATION SCALE~ I/Z#= I'-0" DETAIL NO 17 · SI GN SCALE: [/2"=ILo'' MODIFICATION FOR 504 COMPLIANCE TO ACCOMMODATE FACILITIES FOR THE HANDICAPPED TYPICAL DETAILS SCALE: ]DATE: I~RAW~NB NO: 6 AS SHOWN 6-2_7-80 CHAS. H. SELLS, INC. CONSULTING ENGINEERS BABYLON PLEASANTVILLE ROCHESTER NEW YORK