HomeMy WebLinkAboutScavenger Waste Treatment Facility Contract No. 2,3,4 - 1984SUFFOi,K COUNTY
TOW%~ CF SOUTHOLD
NEW YORK
WAST~;~ATER D!SPOSkL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
FEDERAL ~ROJECT NOo C-36-1120-03
PROJECT NO. SCHT 82-06
CONTRACT NO.
CONTRACT NO.
CONTT~AcT NO~
2 - HEATING, VENTILATION &
3 - PLUM~/NG
4 - ELECTRICAL
AIR CONDiTiONING
James A. Schondebare
TO~a~ JUSTICE
Raymond W. Edwards~ Jr.
TOWN BOARD
SUPERVISOR
Francis J. Murphy
COUNCIL MEMBERS
Paul Stoutenburgh
Joseph L. Townsend, Jr.
T09~ CLERK
Judith Terry
JANUARY 1984
HOLZMACHER,McLENDON andMURRELL, P.C.
Consulting Engineers. Environmental Scientists eno Planners
Melville, N.Y. Farmingclale. N.Y. Riverfleecl. N.Y
HOLZMACHER, McLENDON & MURREU., P.C. I H2M CORP.
CONSULTING E~GINEF. R$ AND ENVIRONM~J~ITAI, ~CIE:NI'Iffi
INDEX
TOWN OF SOUTHOLD
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
GREENPORT, NEW YORK
FEDERAL PROJECT NO. C-36-1120-03
CONTRACT NO.
CONTRACT NO.
CONTRACT NO.
2 - HEATING, VENTILATION
3 - PLUMBING
4 ELECTRICAL
& AIR CONDITIONING
PAGE
DESIGNATION
INDEX I - 2 pages
NOTICE TO BIDDERS NB - 1 page
INFORMATION FOR BIDDERS IB - 20 pages
INSTRUCTION FOR BIDDERS IFB - 1 page
CERTIFICATION FOR NON-SEGRAGATED
FACILITIES CNSF - 1 page
MBE REQUIREMENTS MBER - 26 pages
LABOR STANDARDS LS - 4 pages
EPA 5700-41 FORM EF - 2 pages
CONTRACT PROVISIONS OF THE F.W.P.C.A. CP - 1 page
MODIFICATION NO. 1 M1 - 1 page
MODIFICATION NO. 2 M2 - 24 pages
ARTICLE 29 A29 2 pages
SUPPLEMENTAL REQUIREMENTS SR - 1 page
BUILDER'S RISK INSURANCE BRI 1 page
QUALIFICATIONS OF BIDDERS QB 1 page
GENERAL CONDITIONS GC - 9 pages
GENERAL SPECIFICATIONS GS - 6 pages
PROPOSAL P-A thru P-D - 5 pages
METHOD OF PAYMENT MOP - 3 pages
CONTRACT C - 28 pages
TECHNICAL SPECIFICATIONS - HVAC
SCOPE OF WORK - HVAC SOW-HVAC - 2 pages
HEATING, VENTILATION & AIR
CONDITIONING HVAC - 6 pages
I - 1 of 2
HO~.MACHER0 Mc[ENDON & MURREU., P.C. I H2M CORP.
CONSUL~NG ~GIN~. aNo ENVIRONME~4TAL SCiE]~TiS~T~
INDEX (CONT'D.)
TECHNICAL SPECIFICATIONS - PLUMBING
SCOPE OF WORK - PLUMBING
WATER SERVICE
WATER SERVICE AND APPURTENANCES -
TRENCH COMPACTION
WATER MAINS AND APPURTENANCES -
POLYETHYLENE WATER SERVICE TUBING
WATER METER AND ACCESSORIES
PLUMBING - PLUMBING WORK -FLOOOR
DRAINS - SERVICE SINKS
PORTLAND CONCRETE CEMENT PAVEMENT
REMOVAL AND REPLACEMENT
SOW-P - 1 page
WS - 6 pages
TC - 2 pages
PWST - 4 pages
WMA - 1 page
PW-FD-SS - 3 pages
PR&R - 2 pages
SCOPE OF WORK
ELECTRICAL WORK
TECHNICAL SPECIFICATIONS - ELECTRICAl,
SOW-E 2 pages
EW - 9 pages
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~ HOL.ZMACHER. McLENDON & MURREI.I., P.C.
NOTICE TO BIDDERS
PLEASE TAKE NOTICE that sealed bids will be received by the Town
Board, Town of Southold, on behalf of the Southold Wastewater Disposal
District, in Town Hall, 53095 Main Road, Southold, New York, 11971, not
later than 11:00 A.M. prevailing time on Tuesday, February 21, 1984,
at which time they will be publicly opened and read aloud, for the
following project:
TOWN OF SOUTHOLD
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
GREENPORT, NEW YORK
FEDERAL PROJECT NO. C-36-1120-03
The work includes furnishing of all labor, materials and equipment
necessary for construction of the treatment facility, which consists of
the following:
CONTRACT NO. 1 - GENERAL CONSTRUCTION AND MECHANICAL WORK
CONTRACT NO. 2 - HEATING, VENTILATION AND AIR CONDITIONING (HVAC)
CONTRACT NO. 3 - PLUMBING
CONTRACT NO. 4 - ELECTRICAL
A deposit of $100.00 payable to the Town of Southold will be re-
quired for a set of Plans and Specifications. Information to Bidders,
Invitation for Bids, Instructions to Bidders, Form of Proposal, Bid
Conditions, Form of Contract, Plans and Specifications, etc., may be
seen at or procured from the Southold Town Hall, 53095 Main Road,
Southold, New York, 11971, or the Office of the Engineer, Holzmacher,
McLendon & Murrell, P.C., 125 Baylis Road, Suite 140, Melville, New
York, 11747, after 11:00 A.M. prevailing time on Thursday, January 19,
1984.
Bidders on this work shall be required to comply with the Presi-
dent's Executive Order Nos. 11,246 and 11,375. The requirements for
bidders and contractors under this order, which contains non-discrim-
ination in employment, and prohibits discrimination in employment
regarding race, creed, color, sex or national original are explained
in the Specifications. A Contract awarded under this Notice for Bids
is expected to be funded in part by a grant from the U.S. Environmental
Protection Agency. Neither the United States nor any of its departments
agencies or employees are or will be a party to this Notice for Bids or
any resulting Contract. This procurement will be subject to regulations
contained in 40 CFR 33.295, Subparts F and G.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
NB - 1 of 1
~/~ HOI..ZMACHER, McLENDON & MUflRELI., P.C.
INFORMATION FOR BIDDERS
BIDS F, OR PROJECT
The Town of Southold will receive SEALED PROPOSALS for the Southold
Wastewater Disposal District - Scavenger Waste Treatment Facility.
TIME AND PLACE OF BID
Bids are %o be submitted in opaque envelopes and will be received
by the Town of Southold at the Town Hall, 53095 Main Road, Southold,
New York, not later than 11:00 A.M. prevailing time on Tuesday,
February 21, 1984, at which time and place they will be publicly
opened and read aloud. Use of the mails shall be at the Bidder's own
risk, and the Bidder shall be responsible for physical delivery of the
Bid at the time and place set for opening of Bids.
BID ENVELOPE
Ail proposals and either the certified check or bid bond must be
placed in a sealed envelope bearing the Bidder's firm name and address,
marked "Contract No. , (Name of Contract) , Southold Scavenger
Waste Treatment Facility, Town of Southold, Suffolk County, New York",
but otherwise unmarked. If mailed, this envelope shall be placed in
another envelope addressed to Town Clerk Judith T. Terry, Town of
Southold, Town Hall, 53095 Main Road, Southold, New York 11971. Use
of the mails is at the Bidder's risk.
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INFORMATION FOR I~IDDERS (CONT'D.)
SI'£C~FICATION D£POSITS
(a) Deposits for specifications will be completely refunded to
Bidders who return same in good condition within ten (i0) days after
r..ceipt of bids. Bidders will receive one-half of the deposit amount
t~r specf~cations returned after ten (10) days and before thirty
days following the bid date.
(b) Deposits for specifications will be completely refunded to
non-bidders who return same in good condition within 48 hours of
receipt of said specifications. Non-bidders will receive one-half
the deposit amount for specifications returned in good condition
within ten (10) days following the bid. date. No deposit for specifica-
tions will be refunded to non-bidders after ten (]0) days fo]lowing the
bid date.
J{3-2
HOLZMACHER. McLENOON & MURRELL. P.C
INFORMATION FOR BIDDERS (CONT'D.)
SPECIFICATIONS
Complete sets of specifications for the inspection of prospective
bidders will be found on file with the Town Clerk, Town of Southold,
Town Hall, 53095 Main Road, Southold, New York, and at the office of
Holzmacher, McLendon & Murrell, P.C. Consulting Engineers, 125 Baylis
Road, Suite 140, Melville, New York.
All contractors must leave their names, phone numbers and correct
mailing addresses upon receipt of the specifications.
VERBAL ANSWER~
The Town, its.agents, servants'or employees, or the Engineer,
will not be responsible in any manner for verbal answers to any in-
quiries regarding the meaning of the contract specifications given
prior to the awarding of the contract.
EY~MINATION OF SITE
Bidders must satisfy themselves by personal examination of the
location of the proposed work and of the actual conditions and require-
ments of the work, and shall not, at any time after the submission of a
proposal, dispute or complain of such estimate or assert there was any
misunderstanding in regard to the scope of work.
The Contractor shall inspect the site and existing conditions be-
fore submitting his bid.
PROPOSAL
The Form of Proposal contained herein shall be used in making out
bids. Any proposal not in accordance with these instructions, or con-
taining bids not asked for, may be rejected.
On those items in this contract for which there is a stated maximum
and/or minimum allowable bid price, each bidder shall be responsible
for making sure that his bid falls within the stated limits. When the
price bid is lower than the minimum allowed, the bid price will be ad-
justed upward to the minimum allowable price and when the price bid is
higher than the maximum allowed, the bid price will be adjusted downward
to the maximum allowable price.
SOHT
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~_./~ HOI 7MACHER, McLENDON & MURRELL, P,C.
INFORMATION FOR BIDDERS (CONT'D.)
AS the estimates of quantities of items stated in the proposal
are approximate only, bidders are required to submit their proposal
upon a~d in the following express conditions, which shall apply and
become a part of every proposal received.
Each bidder shall fill out, in ink, in both words and figures,
in the spaces.~rovided, his unit or lump sum bid, as the case may be,
for each item ~n said Form of Proposal for which he is submitting a
bid.
No bid will be considered which does not include bids for all
items in the proposal, including time of completion.
If the bid is not accepted by the Town within forty-five (45)
days after the receipt of bids, the obligation of the bidder under this
proposal may terminate at his option and he shall thereupon be entitled
to a refund of his certified check or release of his bid bond furnished
by him as security with his proposal.
BID BOND OR CERTIFIED CHECK
Each proposal from a contractor shall be accompanied by a bid bond
or certified check on a solvent bank of the State of New York, in the
amount of five percent (5%) of the total bid. Such check shall be made
payable to Francis J. Murphy, Supervisor, Town of Southold, New York,
and the amount thereof shall be the measure of liquidated damages which
the Town will sustain by the failure, neglect or refusal of the bidder
to execute and deliver the contract, should the contract be awarded to
him. The checks of all unsuccessful bidders will be returned upon the
rejection of bids and the execution of the contract by the parties;
also, the check of the successful bidder will be returned upon the
execution of the contract and the furnishing of the required bond.
N~E OF BIDDER
Each bidder must state in his proposal his full name and business
address, and the full name of every person, firm or corporation inter-
ested in the same, and the address of every person or firm or presi-
dent and secretary of every corporation interested with him. If
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INFOI,'I. IATION FOIl IIIItlII{R (CON'f'I).)
no other pet',;oll be so iJite,'ested, be .mst distinctly state that fact.
also that bis proposal is made wi*bout any connection di,'ectly o,' in-
directly with ;,fly other bidder for the work particul;,rly mentioned in
bis I)reposal; *but it is in all respects without fraud or collu:;ion.
and that ao person acting for or employed by the Towa ~is directly or
indirectly interested therein, or in the supplies of work to .bicb it
relates, or in any portion of the prospective profits thereef.
QUALfFICATIONS OF BIDDERS
(1) The Town reserves tile right to waive any informalities
in, or reject any and all bids. Thc Town reserves tile right to
ject any and all bids which do not conform to the proposals, or upon
which the bidders do not comply with tile requirements of the Town
as to their qualifications.
(2) All bidders must prove to tile satisfaction of tile Town
that they are reputable, reliable and responsible, and that riley pos-
*ess the necessary qualifications to successfully deliver tile proposed
equip,tent, and that they llave performed and Completed successfully
si..ilar work to afl extent which, in the ol)inion of the Town, will
qualify them by experience to perform the work which is proposed.
(~5) In determining tile qualifications of a I)i.hler, the Town will
consider bis record in the performance of any contracts entered into
by Ifim for the work contemplated or of similar nature, may make
such investigation as it deems .ecessary to determine the ability of
the bidder to perform the work, and the bidder shall furnish to
the Town all such information and data for this i)urpose as the Town
ilia)' request.
(4) The Town shall be the sole .judge of the qualificatioas of the
bidders and of tile merits thereof and reserves the right to reject
any bid if the record of the bidder in the performance of contracts,
payment of bills and meeting of obligations to subcontractors, material
men or employees is not satisfactory to the Town, or if the evidence
submitted by or tile investigation of such biddecs fails to satisfy
tile 'town that be is properly qualified to ca,'ry o,,t tile obligations
of the contract and to complete tile work couteml)lated therein.
(5) The contract award will be made to the low, responsive, resp-
onsible bidder in accordance with N.Y.S. General Municipal Law, Section
103.
PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND
Simultaneously with his delivery of the executed contract, the
successful bidder must deliver to the Town executed bonds in the
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INFORM,VI'ION I:()1~ I{II)IiI!R (CON'f.I))
amount of one hundred percent (100%) each of the accepted bid as a
security for the faithful performance of his contract and for the pay-
ment of all persons performing labor or furnishing materials in con-
nection therewith, prepared on the Standard Form of Bond of American
Institute of Architects A-311 and having as surety thereon such surety
company or companies as are acceptable to the Town and as are author-
ized to transact business in the State of New York.
S [GNA'I'[IIH~ OF CONTRACTOR
The bidder to whom a contract may be awal'ded shall :lttcnd at the
of Cice of the Town, with the 5ul'etie5 offered hy him, ~,ithin Cen
(10) days, Sunday excepted, after the d:,te of notification b)' .mil of
the acceptance of his proposal, and there sign thc cont,'act in quadruoli
cate fei' the work.
In case of failure to do so. the bidder shall be considered as
having abandoned the same, and the check accoml~an)'ing his prol,osal
shall be forfeited to the Town. or the penalty of the bid bond shall
be invoked.
C~NTI',ACTOR ' S INSURANCE
The Coiltl'actor shall ilot COlmllence any %,,Ol'k until he Jlas obtained
and had approved by tile Town i~ll o£ the insurance specified and
required in the contract.
NAIVI!R OF [I, IMIINITY
/(ttention of tile bidder is hereby directed to tile require.lents
of the Genernl Iqunicipal L, aw of th.e State of New York and in particular
to Section 103-a of tile General I, lunicipa! Late regarding "l~aiver of
lmmunit),", as indicated on Page C-8 of tile contract.
RESPONSIBIt. ITY FOP, BIDDER
Attention is heceby particularly directed to the provisions of
or da,Rage that may happen to the material or any part thereof during
its delivery; anti also whereby the contractor shaIl make good any
defects or faults due to materials or workmanshil~ within tt~elve (12)
months after its delivery, placement, and acceptance.
I B- (~
HOLZMACH~R McLENOON & MURRELL
INFORMATION FOR BIDDERS (CONT'D.)
In order to secure the performance of the covenant of the con-
tractor, the Town shall require a Maintenance Bond during the period
of one (1) year from the date of the Engineer's final payment request.
Work is required to be completed to the satisfaction of the
Engineer and in substantial accordance with the specifications
hereunto annexed.
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
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Stato of New York
(3eoartmen! of Labor
Bureau ol Public Work
State Office Building Campus
Albarw, N.Y. 12240
CONTRACT REQUIREMENTS
Each public work contract to which the State, a public benefit corporation, a municipal corporation or a
commission is a party and which may involve tile employment of laborers, workmen or mecbanics, shall comply
with the requirements of Article 8 (Sections 220-223) of the New York State Labor Law:
No laborer, workman or mechanic in tile employ of the contractor, subcontractor or other
person doing or contracting to do the whole or a part of tile work contemplated by tile
contract shall be permitted or required to work more than eight hours in any one calendar day
or more than five days in any one week except in tbe extraordinary emergencies set forth in
the Labor Law or where a dispensation is granted by the Commissioner of Labor. (See
Section 220.2)
Each laborer, workman or mechanic employed by the contractor or subcontractor shall be
paid not less than the prevailing rate of wages at the time tile work is performed, and shall be
paid or provided not less than the prevailing supplements at the time tile work is performed,
as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements
change after the contract is let, each workman, laborer or mechanic shall be paid or provided
not less than the new rates. (See Section 220.3)
The contractor and every subcontractor shall post in a prominent and accessible place at the
work site a statement of thc current prevailing wage rates and supplements for the various
classes of mechanics, workmen or laborers. (See Section 220.3-a}
No employee shall be deemed to be an apprentice unless individually registered in a program
registered with the New York State Department of Labor. The allowable ratio of apprentices
to journeymen in any craft classification shall not be greater than the ratio permitted to tile
contractor as to his work force on any job under the registered progranl. Any employee who is
not registered as above, shall be paid the prevailing wage rate for the classification of work he
actually performed, The contractor or subcontractor will be required to furnish written
evidence of the registration of his program and apprentices as well as of the appropriate ratios
and wage rates for the area of construction, prior to using any apprentices on the contract
work. ( See Section 220.3)
(a) No contractor, subcontractor, nor any person acting on his behalf, shall by reason of race,
creed, color, disability, sex or national origin discriminate against any citizen of the State
of New York wbo is qualified and available to perform the work to which the employment
relates. (See Section 220-e (a))
(b) No contractor, subcontractor, nor any person acting on his behalf shall, in any manner,
discriminate against or inti~nidate any employee on account of race. creed, color, disability,
sex or national origin. (See Section 220-c (b)) NOTE: The Iluman Ri~ts Law also
prohibits discrimination in employment because of age. marital status or religion.
(c) There may be deducted from the amount payable to the contractor under the contract a
penalty of five dollars for each calendar day during which such person was discriminated
against or intimidated in violation of the provisions of the contract. (See Section 220-e
(c))
(d) The contract may be cancelled or terminated by tile State or municipality, and all moneys
due or to become duc thereunder may be forfeited, for a second or any subsequent
violation of the terms or condition of the anti-discrimination sections of the contract.
(See Section 220 - e (d))
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INSTRUCTION FOR BIDDERS
NONSEDREG~ TED FACILITIE$
(a) A CerLlf~catton of Nonsegregated Facilities, as required by
the May ~, l~?, order (]2 F. E. ?~]~, May l~, 1~7) on Elation of
Segregated FacUlties, by th~ ~cret~ of ~bor, mu~t be ~u~tted
prior ~ t~.e a~rd of a Feder~ly assisted construction contract ex-
(b) Contractors receiving Federally assisted construction con-
tract awards exce.dlng .~10,000 ~d-ll be required to provide for the
forwarding of the following notice to prospective subcontractors for
eupplles and constru~tion contracts where the subcontracts exceed ~lOjO00~
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF RI~UIREMYJ~
FOR C~--RTIFICATIONS OF NONS~IiREI]ATED FACILITIES
(a) A Certification of Nonsegregated Facilities, as required by
the May 9, 1967, order (32 F. R. 7439, May 19, 1967) on ~limination of
Segregated Facilities, by the qecretary of Labor, must be sub~tttted prior
to the aw~.rd of a subcontract exceeding $10,0OO.
(b) Contractors receiving subcontract awards exceedhug $10,000 will
be required to provide for the forwarding of this Notice to prospective
subcontractors for supplies and construction contracts ~here the subcon-
tracts exceed $10,000.
IFB-1 of 1
U. S. ENVI'RONHENTAL,P~OTECTION AGENCY
CEI~TIFICATION OF NONS~GR~fiATED FACILITIES
(Applicable to federally assisted construction contracts and related subcontracts
excecdimg $10,000 which are not exempt fr~ the Equal O~portunity clause).
The ferl~rally assisted construction contractor certifies that he does not main-
tain or provide for his employees any segregated facilities at any of his establish-
men%s, and that he does not permit his employees to perform their services at any
location, under his control, where segregated facilities are maintained. The fed-
er-]]y assisted construction contractor certifies further that he will not maintain
or provide for his employees any segregated facilities at any of his establishments,
and that he will not permit his employees to perform their services at any location,
under his control, where segregated facilities are maintained. The federa/]y assisted
construction contractor agrees that a breach of this certification ts a violation of
the Equal Opportunity clause in this contract. As used in this certification, the
term "segregated facilities" means any waiting rooms, work areas, rest rooms and uash
rOOmS~ restaurants and other eating are~s~ time clock~ locker rooms and other
stornEe or dressing aress~ parking lots, drinking fountains, recreation or entertain-
ment areas, transportation, and housing facilit£ea provided for employees which are
segregated by explicit directive or are in fact s~gregated on the basis of race, -
creed, color, or nations/ origin, because of habit, locs/ custom, or other~ise. The
federally ~ssisted construction contractor ~rees that (except ~%ere he has obtained
identical certifications fro~ proposed subcontractors for specific time periods) he
ail/ obtain ldcntical certifications from pro~osed subcontractors prior to the
~w&rd of subcontracts exceeding $10,000 which are not exempt from the provisions of
the Equal Opportunity clause, and that he will retain such certifications in his
files.
Signature Date
Name and Title of Signer (Please Type)
NOTE: Thc penalty for m~kin6 false statements in offers ia prescribed in
18 U.S.C. lO01.
CNSF-1 of 1
(EPA, Region I1, 2/24/75)
U. S. ENVIRONMENTAL PROTECT[ON AGENCY
REGION Ir
GUIDANCE ANO PROCEDURES FOR COMPLIANCE
WITH
MINORITY BUSINESS ENTERPRISE REQUIREMENTS
PART I
A. Introduction
The purpose of this guidance is to outline procedures for use by the
grantees, A/E consultants and construction contractors in complying
with the Environmental Protection Agency, Region II, Minority Business
Enterprise (MBE) Program for the Implementation of the EPA policy pub-
lished in the Federal Register on December 26, 1978 (copy attached).
The purpose of this Program is to raise the level of MBE participation
in EPA funded projects to a level con~nensurate with their capabilities
and availability. These procedures are designed to implement EPA
Policy which requires affirmative steps, including goals to be achieved
through a result-oriented program.
The EPA regulations 40 CFR 35.936-7, 40 CFR 35.937-12(b), 40 CFR 35.938-
9(b)(2), Appendix C-l(14), and Appendix C-2(9) require grantees and
construction contractors to take affirmative steps to utilize minority-
owned businesses in the procurement of engineering and construction
services and supplies. The EPA, and in particular, its Regional
Administrators, have the duty under 40 CFR, Parts 30 and 35 to insure
compliance with all grant regulations, requirements and conditions.
The Director of the Office of Civil Rights and Urban Policy has the
responsibility for establishing an MBE program in coordination with
the Director of the Water Division. The Director of the Office of
Civil Rights and Urban Policy will determine compliance with M~nority
Business Enterprise requirements.
The grantee in its role as a public trustee assumes primary responsi-
bility to achieve an acceptable level of MBE use. This primary responsi-
bility is a basic condition of its grant award. All applicants/grantees
are required to take positive efforts to use MBE.
As an aid to the grantee, A/E consultants and construction contractors,
the U. S. Department of Commerce has locally funded offices of the
Office of Minority Business Enterprise, which will provide MBE resource
lists, technical assistance and on-going information. Additional
MBER 1 of 2G
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information may be obtained from the Office of Civil Rights and Urban Policy
and the Water Division, Region II. The Civil Rights Director and
his/her MBE coordinators are also available for consultation and
advice regarding the utilization of minority business enterprises.
Applicability
All grantees receiving financial grant assistance on EPA funded projects
involving architectural and engineering consulting services and con-
struction contractors are subject to the policy and procedures described
herein.
Definitions
Minority Business Enterprise. A business at least 51 percent of which
is owned and controlled by minority group members, or in the case of
a publicly-owned business, at least 51 percent of the stock of which
is owned and controlled by minority group members. The minority owner-
ship must exercise actual day-to-day management.
Minority Group Members. Black Americans, Hispanic Americans, Asian
Americans, American Indians, American Eskimos, and American Aleuts.
EPA Region II will conduct reviews in cooperation with other Federal,
State, local, and private agencies to verify that an MBE contractor
or supplier performs a commercially useful function and is not dominated
by nonminority sources of supply. Discovery of the use of a "sham" MBE
firm or a legitimate MBE firm being used to subvert the purposes of the
program will require corrective or enforcement action.
PART II
Policy Statement
The applicant/grantee's policy-making body (Authority, Board, Council,
etc.) or Chief Executive Officer (e.g., Mayor) is required to issue a
policy statement which expresses commitment to the MBE program and which
utilizes the Regional goals or such goals as may be established by the
grantee to express the percentage MBE participation which the applicant
shall strive to achieve. The statement must outline the levels of
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responsibility, beginning with the Chief Executive Officer who will be
responsible and accountable for carrying out the program.
The policy statement shall be circulated to the applicant's managers,
supervisors, and employees, as well as to minority economic development
agencies ~nd organizations, contractors' associations (both minority
and non-minority)! and newspapers, magazines, and other appropriate
media (both minority and non-minority). The policy statement should
be conspicuously posted in all offices where minority entrepreneurs
and employees may have occasion to visit.
A copy of the policy statement and a list of the organizations, asso-
ciations and communications media to which it is to be distributed,
shall be supplied to the Director, Office of Civil Rights and Urban
Policy, USEPA, Region II, at the time of grant application.
B. Identification of an MBE Person
Co
An "MBE Officer" shall be designated by the grantee's Chief Executive
Officer. In order to achieve maximum program efficiency, it is essen-
tial that the individual(s) selected must be:
Familiar with and capable of communicating and interpreting the
applicant's procurement procedures and requirements, as v~ll as
EPA contracting and subcontracting procedures and requirements.
2. Understanding of small and minority business problems.
3. Capable of communicating effectively with minority businesses and
management.
4. Able to maintain a good rapport with the minority community.
5. Familiar with local resources and services available to aid Minority
Business Enterprises.
The name, address, and telephone number of the designated MBE Officer
shall be included with the application supplied to the Director, Office
of Civil Rights and Urban Policy, USEPA, Region II, at the time of
grant application submission.
MBE Percentage Goals*
EPA Region II has determined that h~tween 10-25% of the dollar amount
of all contracts awarded for A/E consultant services and the constructiJn
*So as not to distort the regional picture the above range of numbers as
a goal has been computed not to include Puerto Rico which is being cal-
culated as a separate case.
~4BER - 3 of 26
-4-
and supply services required in the plans and specifications are to
be committed to minority-owned businesses. The grantee in its role
as a public trustee assumes primary responsibility to achieve an
acceptable level of MBE participation. Each grantee may establish
a numerical goal or goals under V, B, (2), (b) of the EPA policy
statement~
The EPA Region II goal is based on the minority consistuency in the
geographical areas genuinely accepted as demarking the reasonable
limits of local labor markets, such as the Standard Metropolitan
Statistical Area (SMSA) as currently defined by the U.S. Office of
Statistical Standards.
Some EPA Regions have chosen to set as a goal a percentage of the
total dollar value of all A/E contracts approved and to set as a
separate qoal a percentage of the total dollar value of all construc-
tion contracts and service approved. Region II's goal-oriented
program involves establishing an MBE goal which represents a percent-
age of the total dollar value of all contracts approved.
Where the project is already underway, any Invitation for Bids (IFB)
or Request for Proposals (RFP) issued by the grantee and procurement
of subagreements on or after February l, 1979 are subject to this
policy and the grantee must take steps to implement procedures
necessary to establish a goal-oriented MBE program (including the
issuance of addenda to current IFB's and RFP's).
Achievement of specified MBE goals by A/E consultant, prime contractor
or subcontractor goals or adequate documentation or justification of
failure to meet goals must be required by grantee for submission to the
Director of Civil Rights and Urban Policy for review and appropriate
action.
Adequate planning is critical to insure that MBEs have an equitable
opportunity to participate in A/E consultaing, design and construction
contracts and subcontracts.
The applicant/grantee may establish its own goals for each of the
3 steps of the grant process based on the availability and capability
of MBEs to do the work. Such goals are not expected to be lower than
I0% minimum level.
EPA Region II requires an Affirmative Action Plan type methodology to
be followed in setting goals. The following outline is recommended:
MBER - 4 of 26
-5-
1. The goal must reflect a cognizance of the current percentage of
minority population in the area.
2. The goal must be based on projections of contract and subcontract
awards.
3. The goal must be related to the availability of MBEs.
The goal must reflect the full range of A/E consulting and con-
struction activities anticipated by the plans and specifications
and should, to some extent, be directed at expanding minority
participation in those areas of A/E consulting and construction
contracting and subcontracting where past participation has been
minimal or non-existent.
The setting of goals is a method of matching projected A/E consulting,
contracting and subcontracting opportunities with available MBEs. The
geographic basis for assessing MBE availability wilt vary with the type
of work to be performed or the type of supplies to be procured. In
general, in defining the geographical boundaries for determining the
availability of MBEs in specific A/E consulting, construction contract-
ing or subcontracting areas, the grantee will follow a common sense
approach and should apply the same criteria that the applicant generally
has applied to non-minority fi ms.
It should be kept in mind that if the data collected to develop grantee
goals particularly MBE availability, is inadequate or is assessed to
be superficial, EPA Region II may find the goal unacceptable and impose
an appropriate goal.
An MBE program, including the percentage goal, and the steps the grantee
will take to achieve the goal must be submitted to the Director, Office
of Civil Rights and Urban Policy, USEPA, Region II, at the time of
application. Specific goals established after application but prior to
the issuance of solicitation document shall also be promptly submitted.
PART III
Procedures by Applicant/Grantee to Ensure MBE Participation
Once the goal has been set, affirmative action techniques should be
developed to meet the goal. The techniques must include but not be
limited to:
MBER 5 of 26
-6-
ao
Designing the project and the bidding package to provide MBEs access
to meaningful prime contracting and subcontracting opportunities by
trade discipline and by separable units.
Designing specific plans and specifications designed to increase potential
MBE participation. This can take the form of breaking down large contracts
into smaller ones, and of designing facilities taking into consideration
the type of work for which minority firms are available and capable.
c. Using the MBEs in construction management contracts.
d. Encouraging the formation of joint ventures among MBEs and between
minority and majority firms which provide opportunity for MBEs to gain
experience.
e. Providing plans and specifications to the State and local minority busi-
ness organizations and associations, including the State OMBE offices.
These must be provided in a timely manner in order to allow MBEs
adequate time to develop responsive and responsible bids for contracts
or proposals for subcontracts.
f. Establishing payment an~ delivery schedules so as to minimize cash flow
problems faced by minority firms.
g. Providing a source list of minority A/E consulting and construction con-
tractors and suppliers to those firms who have received the bid or
proposal package.
h. Informing all prospective bidders and proposers in writing of the EPA
policy concerning the utilization of minority firms when announcements
for Invitation for Bids {IFB) or Requests for Proposals {RFP) are
issued by the grantee.
Including the appropriate MINORITY BUSINESS ENTERPRISE PARTICIPATION
SPECIFICATIONS set out in Appendix I and Appendix II of this guidance
in all RFPs and bid specifications or such other solicitation pro-
visions as may be approved by EPA making certain that the appropriate
percentage goal figure is included in all specifications and requests
for bids or proposals.
Keeping EPA, Region II, Office of Civil Rights and Urban Policy in-
formed of all contract awards or changes in plans for awards of
approved proposed contracts.
MBER - 6 of 26
-7-
The applicant must take affirmative steps to insure equitable oppor-
tunity for minority firms to participate in EPA assisted projects.
The name and addresses of all minority consulting firms contacted and
their response and the names of those intended to be utilized must be
promptly submitted by the applicant to be forwarded to Region
II's Office of Civil Rights and Urban Policy for review and approval
prior to grant offer or prior to contract approval.
The applicant should contact ten (10) or more minority fi ms to
ascertain their interest, capability and availability to serve as
prime consultants, joint venturers, or as subconsultants in the
facilities planning, design service, contract management and environ-
mental impact statement process under consideration. Documentation
of the MBEs' response must be made available to the EPA, Region II
Office of Civil Rights and Urban Policy upon request. Applicants/
grantees will contact out-of-state minority firms if none can be
obtained in-state to meet requirements. Consulting and subcontracting
possibilities include, but are not limited to the following:
a. Step 1 (Facility Planning}
(1) Engineering report.
(2) Environmental assessment statement.
(3) Infiltration/Inflow analysis.
b. Step 2 (Design)
(l) Design
(a) Pump station force main.
(b) Sewage treatment plant.
(c) Interceptor.
(d) Collection system.
(2) 0 & M Manual development
c. Step 3 (Construction)
(l) Site preparation.
(2) Foundation.
MBER 7 of 26
-8-
(3) Shell.
(4) Roof.
(5) Walls.
(6) Electrical.
(7) Plumbing and mechanical.
(8) Finish interior.
(9) Exterior appurtenances.
(lO) Site completion/landscaping.
(ll) Test/start-up operation.
In order for the applicant/grantee to assure its compliance with EPA
regulations, the applicant should include, as part of its responsibility
evaluation criteria, affirmative efforts taken for the utilization of
minority firms for facilities planning, design and construction services
to be required by the applicant/grantee. In addition, the applicant/
grantee must notify all prospective contractors and consultants by
announcement that approval of contract award may be withheld unless
it can be shown to the applicant/grantee that positive affirmative
efforts as described herein have been or will be taken to utilize
minority A/E firms either as joint venturers or subcontractors.
Because many minority firms are small operations, the capabili-
ties of such firms are especially unique in facilities planning
and design services, contract management services, and environmental
impact statement services. Since there may be certain labor and over-
head cost advantages realized by the applicant/grantee in utilizing a
small firm in these situations, applicant/grantees are expected to
aggressively pursue the utilization of such minority firms as prime
consultants.
EPA will monitor projects on a "random sample" basis. Documentation
of efforts made to utilize minority firms must be maintained by all
applicant/grantees and their contractors for review by the Office of
Civil Rights and Urban Policy.
MBER - 8 of 26
-9-
7. For reference, applicants/qrantees will be provided with a list by
EPA, Region II of minority firms experienced in architectural,
engineering, construction and other nrofessional services. The list
is intended as a resource reference only, and not intended to re-
strict or limit contact with other minority firms not listed.
8. The applicant/qrantee's MBE program should assist MBEs in overcominq
barriers to program participation. This assistance should be offered
directly by the applicant, as well as by referral to other assistance
agencies.
9. The applicant/qrantee should work closely with financial institutions,
insurance and ~onding companies, and prime contractors in an effort
to alleviate financial barriers to program ~articipatton.
PART IV
MBE Set-Asides
While not required by EPA policy, a prooram to implement MBE set-asides may
be established. A set-aside is a procurement technique which limits
solicitation of bids or proposals to certain types of firms, for example,
minority business firms. In every case adequate competition must be
obtained with award beinq made to the lowest, responsive, responsible
bidder or to the proposer in non-advertised mrocurement submittinq the
most advantageous proposal.
PART V
MBE Responsibilities for Prime Contractors
Within 15 days after contract award the prime contractors are required
to submit to the grantee a detailed MBE particination-olan containino an
MBE goal and procedures for achievinq that qoal'. This submission must
also include a detailed list of all MBE firms to be utilized in achiev-
ing the goal.
All prime contractors on EPA construction grant nrojects are exnected
to make the following efforts to achi~e the use of minority-owned
firms to the maximum extent practical on the project:
MBER - 9 of 26
-10-
1. Extend opportunities for joint arrangements or subcontracting and
purchasing to minority-owned firms.
2. Comply with MI~ORITY BUSINESS ENTERPRISE PARTICIPATION BID SPECI-
FICATION (See Appendix I and Appendix
3. Take affirmative steps to ensure compliance with the EPA regula-
tions. These steps include, but are not limited to:
Compiling and submitting to the grantee for submission to the
Director, Office of Civil Rights and Urban Policy, USEPA,
Region I~, a list of minority engineering and construction
contractors to be utilized through joint arrangement or sub-
contracting.
Preparing a list of minority contractors contacted and awards
made to minority-owned firms, and setting forth specific ef-
forts made to identify and award contracts to such firms.
Full documentation of such efforts must be made available to
the grantee for submission to the Office of Civil Rights and
Urban Policy upon request.
Require subcontractors under the contract to comply with the pro-
visions of the contract and the affirmative steps for goal achieve-
ment stated in these procedures.
5. Maintain records showing procedures which have been adopted to
comply with EPA policy.
Keep grantee's MBE Officer informed of all contracts and subcon-
tracts awarded to MBEs or changes in plans to award previously
reported subcontracts.
The actual attainment of the established goal shall be prima facie
evidence of positive efforts and shall release the contractor from any
further burden of proof of positive efforts. Contractors are, however,
cautioned to nevertheless maintain adequate records because the subsequent
withdrawal of a minority firm from a subcontract could reduce the con-
tractor's HBE participation below an acceptable level and subject him
to a requirement of objective demonstration of positive efforts. Where
a contractor is unable to meet the required MBE goal, objective demon-
stration of positive efforts must include, but are not limited to the
following five (5) steps, inclusive of the requirements for records
which must be maintained to docunl~nt the contractor's efforts: -
MBER -,10 of 26
-ll-
The contractor must extend opportunities to MBEs, such as by adver-
tising in minority trade association newsletters and minority-owned
media. The bid due date and reasonable MBE response due date must
be specified in the advertisement. The publications chosen must be
distributed within reasonable proximity of the location of the con-
struction project. The advertisement must be for specific sub-
contracts which are described in reasonable detail.
TO DEMONSTRATE COMPLIANCE - Have available for grantee's MBE Officer
copies of all written efforts to extend opportunities to MBEs
including all advertisements which appeared in minority publications,
including the name and address of the publication, the date on which
the advertisement appeared, and the audience at which the publica-
tion is directed (i.e., whether general audience publication or
special MBE contractor publication).
The contractor must notify all minority contractor associations
known to him of the available subcontracting opportunities. The
minority associations so notified shall include as a minimum the
local Office of Minority Business Enterprise (OMBE) and Minority
Contractor Assistance Center (MCAC), and all contractor associations
identified to the contractor by the USEPA, Region II, Office of
Civil Rights and Urban Policy. The notification must be by certi-
fied mail and should be received by the addressee associations
in time to pemit effective NBE participation. The MBE response
due date must be specified in the notifications. The solicitation
must be for s_~ecific subcontracts and the work to be done must
be described as ~rately as possible and in reasonable detail.
TO DEMONSTRATE COMPLIANCE - Have available for grantee's MBE Officer
copies of all letters or other communications, including enclosures
and attachments which were sent to minority contractor associations.
Include name, address, and date of mailing for each letter sent.
Have available copies of all correspondence and a record (e.g., log)
of all telephone replies received in response to the solicitations.
The record of telephone responses should include the date and time
of the incoming call and the date(s) and time{s) it was returned.
Contractors must respond promptly to both telephone and mail responses
from MBE associations and firms as protracted delays in responding
MBER - 11 of 26
-12-
will be interpreted by the Office of Civil Rights and Urban Policy
as an attempt to discourage MBE participation. Be able to document
follow-up steps taken by contractor.
3. Where technically feasible, the contractor should segment the work
to be contracted to accommodate the size and capabilities of avail-
able minority subcontractors. This procedure is essential to
assure that MBEs are provided equitable subcontracting opportunities.
TO DEMONSTRATE COMPLIANCE - Have available for grantee's MBE Officer
~ocumentation which objectively demonstrates the capabilities of
available minority business enterprise construction subcontractors
in the general area of the location of the construction project o'r
in areas reasonably proximate thereto. The contractor must be
knowledgeable concerning information regarding MBE capabilities
which is readily available from local minority contractor associa-
tions, local OMBE Office, local MCAC Office, and the EPA, Region II,
Office of Civil Rights and Urban Policy. Objectively demonstrate
by appropriate documentation that a concerted attempt was made by
the contractor to segment the subcontract work in ways that accom-
modated the size and capabilities of the known available MBEs.
4. The contractor must send solicitation letters by certified mail
inviting quotes or proposals from individual minority business
enterprises. The solicitation letter must reference specifically
segmented portions of work to be subcontracted. The portions of
work must be described as specifically and accurately as possible.
Inquiries for further details should be encouraged. Letters that
are general and do not describe specifically the portions of work
for which quotes are desired are not acceptable, as such letters
do not generally bring responses. The solicitation letter must be
sent in a timely manner so as to allow minority firms sufficient
opportunity to develop quotes or proposals for the work described.
In general, such solicitation letters must be postmarked no later
than fifteen (15) days before proposals are due, whether the
solicitation is being made before bids or proposals are submitted
or during the performance of the prime contract. All solicitation
letters should include the bid date and a response due date for
the information of the addressee. Contractors are also strongly
encouraged to follow up such letters with telephone calls to
determine the degree of interest the minority firms have in the work.
TO DEMONSTRATE COMPLIANCE - Have available for grantee's MBE Officer
copies of all soliciatio~ leicllers and a list of all parties to whom
MBER 12 of 26
-13-
each letter was sent, including name, mailing address, and type of
business in which the company is known to be engaged. Have available
all reply letters and log of all reply telephone calls. Be able to
demonstrate objectively what action contractor took in response to
each reply. Also, have available a log of any follow-up telephone
calls by contractors to letter recipients who did not respond.
Where an MBE submits a proposal for a subcontract to a contractor,
and the MBE proposal is deemed unreasonably high and is rejected
for that reason, then, to demonstrate good faith, the contractor
must engage in direct negotiations with the MBE in an attempt to
reach a mutually acceptable price. This requirement is not appli-
cable to those cases where an MBE proposal is rejected in favor of
another MBE.
TO DEMONSTRATE COMPLIANCE - Have available for grantee's MBE Officer
records which show that negotiation meetings took place, including
time, date and place of each conversation and meeting; name and
address of MBE; specific and accurate description of the segment
of work which was the subject of the negotiation; and approximate
estimated dollar value of the subcontract segment. Where the MBE
negotiation was unsuccessful due to failure to agree on price, the
contractor must be able to demonstrate, by the production of appro-
priate document, that the subcontractor selected for the segment
was lower than the MBE and that the work segment so contracted was
the same work segment under negotiation with the MBE, and not a
reduced portion thereof.
The degree of goal attainment by minority-majority joint ventures, minority
contractors, and minority suppliers should be calculated as follows:
A joint venture consisting of minority and majority business enterprises,
functioning as a prime contractor, will be credited with minority parti-
cipation on the basis of percentage of the dollar amount of the work to
be performed by the MBE. For example, if a minority-majority joint
venture proposes to perform 50% of a project quoted at $500,000 and 50%
of the work is to be perfomed by the minority partner in the joint
venture, minority participation will be credited as 25% of'the work or
$125,000.
MBE contractors will be credited with minority participation for that
portion of the contract which they j!erform and that portion subcontracted
to minority firms. For example, if an MBE contractor proposes to perform
50% of a project quoted at $500,000 and subcontracts an additional 25%
to a minority firm, minority participation will be credited at 75% or
$375,000.
MBER 13 of 26
PROPOSAL SPECIFICATION
MINORITY BUSINESS ENTERPRISE PARTICIPATION
APPENDIX I
CONSULTANT FIRM RESPONSIBILITIES
The following notice must be included in all solicitations for pro-
posals for architectural and engineering work on all projects that
receive EPA funding for the construction or,upgrading of wastewater
treatment facilities or adjuncts thereto.
Goals for MBE Program
It is the policy of the Federal Government that minority businesses
shall have the maximum feasible opportunity to participate in the
performance of contracts performed under Federal grants-in-aid
program.
The consultant agrees to use his best efforts to carry out this policy
through award of contracts and subcontracts to minority business enter-
prises to the fullest extent, consistent with the efficient performance
of this contract. As used in this contract, the term "minority busi-
ness'' means a business at least 51 percent of which is owned and
controlled by minority group members, or, in the case of a publicly-
owned business, at least 51 percent of the stock of which is owned
and controlled by minority group members. For the purpose of this
definition, minority group members are Black Americans, Hispanic
Americans, Asian Americans, American Indians, American Eskimos, and
American Aleuts. The minority ownership must exercise actual day-
to-day management.
Each consultant must fully comply with the requirements, terms and
conditions of the attached U.S. Environmental Protection Agency,
Region II Minority Business Enterprise (MBE) requirements and the
attached statement of EPA policy of December 26, 1978 {43 Federal
Register 60220-60224) including the goals established for minority
business participation during the performance of this contract. The
consultant commits himself to the.performance of positive efforts to
achieve the goals for minority business participation contained
therein and all other requirements, terms and conditions of the bid
specifications by submitting a properly signed bid or proposal.
MBER 14 of 26
[-2
A consultant who does not objectively demonstrate in his proposal
the required positive efforts (i.e., attempted to achieve the Region II
goals by contacting minority consultants in an effort to engage them)
will not, for this reason alone, have his contract proposal rejected
as non-responsive. In the event such a consultant is recommended
for contract award by the grantee, the Director of the Office of
Civil Rights and Urban Policy (OCRUP) will inform the grantee, in
writing, of the prospective consultant's non-compliance and the basis
for such determination. The consultant will be given an opportunity
to explain in writing, or at a conference, if requested, the reasons
for non-compliance with the required positive efforts. If the reasons
for non-compliance are unsatisfactory, the consultant will be requested,
in writing, to n~ke additional positive efforts to utilize minority
firms prior to contract award.
The determination of compliance or non-compliance with the positive
efforts requirement will include consideration of the following:
]. Whether the goal has been met on a given contract.
2. If the goal has not been met, the extent to which the
consultant attempted to:
a. Identify candidate Minority Business Enterprises.
b. Contact candidate Minority Business Enterprises.
Co
Solicit proposals from candidate Minority Business
Enterprises and any response thereto, and the basis
of evaluation of any Minority Business Enterprise
proposals received.
3. Any other evidence relevant to the good faith efforts of the
consultant to comply.
Consultant Firm Non-Compliance
If after fifteen (15) days of contract award the consultant's efforts
remain unsatisfactory to the grantee and/or the Director of the
Office of Civil Rights and Urban Policy, either of the following
steps must be taken:
Documentation to the grantee and the Director of the Office
of Civil Rights and Urban Policy explaining the reasons for
non-utilization of MBEs.
MBER - 15 of 26
I-3
o
Request a conference with the grantee and the Regional
Director of the Office of Civil Rights and Urban Policy
for guidance on possible corrective actions which may
be taken in order to comply with MBE obligations.
Thirty days after the consultant has been notified to make additional
positive efforts, such consultants may after documentation procedures
or opportunity for conference, be subject to appropriate sanctions,
in accordance with the attached EPA policy.
Consultant will %e required to execute and submit to the grantee's
MBE Officer copies of all subcontracts and purchase orders with
minority-owned firms within fifteen (15) days after contract award.
In the event a consultant fails to utilize the minority-owned firms
indicated in his proposal and/or in the subcontracts and purchase
orders, he will be expected to explain the reasons for non-utilization
to the grantee and the EPA Region II, OCRUP.
If there is non-utilization without good cause, the grantee will be
expected to require corrective efforts by the consultant. Failure
on the part of the grantee to require such efforts or failure to
enforce these procedures may result in the refusal of EPA to make
contract payment.
In very limited situations where circumstances otherwise justify
approval of a contract to a consultant which h~s not satisfactorily
complied with the positive efforts requirements (e.g., sole consultant,
where delay incident to resolicitation will cause substantial harm to
the grantee), the EPA in its discretion may concur in the recon~m~nded
award conditioned upon the inclusion of satisfactory contract pro-
visions which require:
1. Specific and defined positive efforts toward minority business
utilization during contract performance; and/or
The withholding of progress payments until such time as the
positive effort requirements have been satisfactorily complied
with and approved by the grantee and the Director of the Office
of Civil Rights and Urban Policy, Region II.
MBER 16 of 26
BID SPECIFICATION
MINORITY BUSINESS ENTERPRISE PARTICIPATION
APPENDIX II
PRIME CONSTRUCTION CONTRACTOR RESPONSIBILITIES
The following notice must be included in all invitations and other
solicitations for bids and proposals for construction work on all
projects that receive EPA funding for the construction or upgrading
of wastewater treatment facilities or adjuncts thereto.
Goals for MBE Program.
It is the policy of the Federal Government that minority businesses
shall have the maximum feasible opportunity to participate in the
performance of contracts performed under Federal grants-in-aid
program.
The contractor agrees to use his best efforts to carry out this policy
through award of contracts and subcontracts to minority business enter-
prises to the fullest extent, consistent with the efficient performance
of this contract. As used in this contract, the term "minority business"
means a business at least 51 percent of which is owned and controlled
by minority group members; or, in the case of a publicly-owned business,
at least 51 percent of the stock of which is owned and controlled by
minority group members. For the purpose of this definition, minority
group members are Black Americans, Hispanic Americans, Asian Americans,
American Indians, American Eskimos, and American Aleuts. The minority
ownership must exercise actual day-to-day management.
Each contractor must fully comply with the requirements, terms and
conditions of the attached U.S. Environmental Protection Agency,
Region II Minority Business Enterprise {MBE) requirements and the
attached statement of EPA policy of December 26, 1978 (43 Federal
Register 60220-60224) including the goals established for minority
business participation during the performance of this contract. The
contractor conr~its himself to the performance of positive efforts to
achieve the goals for minority business participation contained there-
in and all other requirements, terms and conditions of the bid
specifications by submitting ~ properly signed bid.
The contractor will appoint a company executive to assume the responsi-
bility for the implementation of s~h requirements, terms and conditions.
MBER 17 of 26
II-2
The prime contractor agrees that he wil! make good faith efforts to
subcontract at least ten(lO) percent of the total value of this
contract to minority business. Failure to attain this percentage
or demonstrate positive efforts to do so may lead to withholding
of contract payment, a finding of non-responsibility or other
sanctions, in accordance with the attached EPA policy. For the
purpose of this program, the term "subcontract" includes all agree-
merits for construction, modification and service work and supplies
contracted for by the prime contractor in the prosecution of the
work under his contract. Although it is not made a requirement herein
for EPA approval of a contract that a contractor in fact meet or exceed
these goals in its contracting, the contractor will be required to
objectively demonstrate to the grantee and to EPA, Region II, Civil
Rights and Urban Policy Director prior to contract approval and also
during contract performance that he has exerted positive efforts to
meet these goals. Notwithstanding the fact that a contractor may
have the capability to complete the total project with his own work-
force and without the use of subcontractors, each contractor will
still be required to take positive efforts to subcontract to minority
firms a share of the work consistent with the goals. These require-
merits are also applicable to bidders who are themselves minority-
owned enterprises.
HBE Studies,
Survey~and ~eports
1. The contractor shall cooperate with the grantee and the EPA
Region II, Civil Rights and Urban Policy Director in studies
and surveys of the contractor's minority business procedures
and practices.
2. The contractor shall maintain records showing, (a) awards to
minority businesses; and (b) specific efforts to identify
and award subcontracts to minority businesses.
3. The contractor shall submit periodic reports of subcontract-
ing to known minority businesses in such form and manner and
at such time (not more often than quarterly) as the grantee
or the EPA, Region II, Civil Rights and Urban Policy Director
may prescribe.
Specific Good Faith Efforts
The contractor shall be deemed to be in compliance with the require-
ments, terms and conditions of the U.S. Environmental Protection
A~ency, Region II, Minority Business Enterprise Policy and Program
if he meets or exceeds its commitment to the goals for minority
business participation in its subcontracts and subagreements.
MBER - 18 of 26
II-3
The contractor's conmitment to the goals for minority business partici-
pation as required by the U.S. Environmental Protection Agency, Region II,
MinorityBusiness Enterprise Policy and Program, constitutes a co~itment
that he will make every good faith effort to meet such goals. No con-
tractor shall be found to be in noncompliance solely on account of the
contractor's failure to meet his goals. BUt he shall be given the
opportunity to objectively demonstrate to the grantee and the EPA,
Region II, Office of Civil Rights and Urban Policy Director, that he
has instituted all the specific affirmative action steps specified
in the USEPA, Region II, MBE Policy and Program and made every good
faith effort to make these steps work toward the attainment of his
· oals of allowing minority business enterprises maximum
~::~:~e~ ~rtunity to participate in subcontracts and subagreements P
under this EPA funded project. Contractors who fail to achieve the
goal and fail to institute the good faith effort steps specified in
this appendix may be found non-responsible or be subject to contractual
sanctions. Where the Director of the Office of Civil Rights and Urban
Policy makes such a determination, the grantee will be informed that
EPA will withhold grant payment if the non-responsible contractor
fails to take corrective action on deficiencies or to explain satis-
factorily why such action cannot be taken.
Contractor Non-Com~liance
Contractors who fail to achieve their conmitments to the goals for
minority business participation must have engaged in affirmative
participation, which is supported by documentation at least as
extensive as the following:
1. Documentation of efforts to extend opportunities to MBEs such
as advertisement in minority trade association newsletters
and minority-owned media no less than fifteen (15) days before
MBE responses are due for specific subcontracting that would
be anticipated to result at least in a degree of MBE partici-
pation equal to the percentage goal for MBE utilization
specified for the contract.
2. Documentation showing that minority contractor associations,
· udin the local OMBE Office were notified in writing
Cless han fifteen lS) days before responses are due.
3. Documentation showing that the work to be subcontracted was
segmented to the extent consistent with the size and capa-
bility of minoritysowned firms in order to provide reasonable
subcontracting opportunities.--
MBER - 19 of 26
Copies of solicitation letters inviting quotes or proposals
from minority business enterprise, segmenting portions of
the work and specifically describing, as accurately as
possible, the portions of the work for which quotes or pro-
posals are solicited from minroity firms and encouraging
inquiries for further details. Letters that are general and
do not describe specifically the portions of work for which
quotes or proposals are desired are not acceptable, as such
letters generally do not bring responses. Such letters will
be sent in a timely manner so as to allow minority firms
sufficient opportunity to develop quotes or proposals for
the work described. In general, such solicitation letters
shouldbe postmarked no later than fifteen (15) days before
MBE responses are due.
Documentation of good faith negotiation with those MBEs from
whom responses were received in an effort to reach a mutually
acceptable price. Where the MBE participation was unsuccessful
due to failure to agree on price, the bidder must document
that the subcontractor selected for the work segment was lower
than the MBE and that the work segment so contracted was the
same work segment under negotiations with the MBE, and not a
reduced portion thereof.
The foregoing documentation should be provided on or as an addition to
Form 4700-5 attached hereto.
MBER 20 of 26
,-. MINORITY BUSINESS ENTERPRISE IHFORk~kTION I J
PRIME CONTRACTOR INFORMATIOH
SUBCOHTRACTOR OR JOINT YENTURE INFORNATIOH
IONTRACT NO*
I
EpAHqF.,.,JTOO-S(4.71! MBER 21 of 26
80220
Qualified applicants will transmit
appllc:ttlons directly to the U~iTA
Regional Office In order to expedite
gr~nt review ~d pr~ing. Appll-
csn~ will ~olinw to~licatlon pr~e-
dur~ sp~lfled in U~A Ci~utAr C.
8t~,l, "Application ~ures for
T~haic~l Studies Gr~a" ~d
EPA-DOT ~A~ R~xs~ notice on
Urban Air Quality Plann~g Or~.
the aopllc~t ~ ~ready the ~iolen~
of ~ U~A ~tion 9 g~t.
tion may ~ in the form of ~ ~end-
sent ~ ~ ex.ting ~L Whe~ ~
mlbie. · mingle aopl~atlon for ~A
~tlofl 9 fun~ ~d ~A ~lon
fun~ wIH ~ ~.
The U~A ~on~ Office
review the'aooli~tion ~ I~uro that
U~TA g~t ap~licaUon p~edurem
have ~n followe~ ~A ~d ~A
will review the pro.ed s~ of work
~d budget ~ ~ure confo~lty with
the cu~en~ ~. the ~A/DOT
~rtatinn/A~ Qu~ity Piing
Guideline. ~d the EPA/DOT ~-
AL R~[S~ on Urb~ ~r Query
P{~ning. ~A will a~ send a
of the application ~ the Inte~
Pl~ing Oroup (I~). in th~ re-
desired. In order ~ p~de other I~
mem~ ~ opacity ~ ~eat
on the ~nfo~ity of the ~t ~Opli-
cation with ~e U~.
EPA will ~ r~lble for the fol-
lowing:
L ~bl~h~g ~Opll~t eH~billty
tot ~ion I~5 f~ (A I~t pt eli~-
2. ~bl~h~ ~e level of
175 iundlhg for e~ ~lolenL
M~r the ~ve ~e~ the ~A
Re~ion~ A~l~r ~ no~y the
U~A Re~o~ Di~r ~
stating the ~ollo~
r~ive ~ion 1~5 f~
2. The p~ wor~ qu~ifi~ for
funding ~der the ~A-DOT ~L
R~t~ flotl~ on Urb~ ~ Qu~lty
3. ~e wo~ p~ in the s~pH~-
tlon ~ tpprove&
4. ~e ~ount of ~tion 175
aut~H~d for obll~tinu ~ the ~poli-
~pon ~eipt of the letter. U~A
authored ~ p~ ~[h no~
~t xpp~v~ ~d ~ln~t~t[ve
~t mknxgement ~in~ including
xudiL No fu~her ~n~enc~ ~H
~uired by
O~A's ~t ~dm~t~tinn re-
s~ibllltl~ will Include. ~ the
1. Revie~n~ for compH~ce with
Title ~ Civil ~lgh~ r~ul~men~;
NOTICES
2. Reviewing financial status reporbs
and requisltlor~ and providing for
corda~ce with UMTA sirdar;
3. Executing rele~e of grant func-
tion, including Congre~ional clear-
~ce. SD~lflc coordinating p~edures
will be worked out by the resistive
U~A-EPA Offices of Public Affair:
4. Perfo~lng su~equen~ legM
review ~ may be nece~ during the
gr~t aoproval ~d a~inist~Uon
U~A will pay ~es for r~uhi-
~A ~lves p~or notffl~tinn f~m
~A ~ s~o oa~en~. ~A may
stop payment of ~tinn 175
onl~ wl~h ap~vM of the ~A
Quxrterly pro~e~ revo~ sho~ng
z~tion 175 work expenditu~ w~
~im~t~eo~ly t~mltted by the
~tee ~ ~he U~A ~d ~A
A~t~Uon ~d ~ the ~A-DOT
Qu~lty
~ ~ment w~ ~m~ ~ eff~
~til c~lled ~ ~tl~ by either
pa~y. Either p~y may m~ify th~
~eement u~n w~t~n not~l~on
~d a~ of the other
SI~ thh 3rd ~y of ~ovem~r
and [niernalional Af/a,"rs. De-
[ 6560-01 -M ]
[FRL t028-~]
The Environmental Projection
A~ency encou~es increased partici-
pation of minority busine~ enterprise
(MBE) in the supply of goods and
services in work performed under the
EPA grants progr~h-n contained in
Title Ii of the Clean Water Act of 19'/'/
(Pub. L. 95-217). This publication con-
~olidates the policies and procedures
pubU~hed for ~rehitect and engineer
(A~:E) con~ulb~nt~ in 42 ~R 10709
(February 2;{, 19q?) and the proposed
policies and procedures publLshed for
construction contractors in 43 {:'R
24908 (June 8, {.9~.~). A goal-orield~d
system is provided to. maximize MBE
pa~-ticipatlon.
EPA received numerous written co-,c-
ments from the public and interesled
par~ie~ within EPA on the proposed
policy for the use of lkiBE contracl~,rs.
EPA carefully considered the~e
ments ~d ~dopted a number of them.
The policy published for A&E con-
su]t~nt~ o~ ~ebi-u~ry 25, 1977. did not
speci/y a goal-oriented policy like that
p~ope~ed for minority construction
oontr~tor~ on June 8, 1978. A~ the
two 0oii~le~ wo~dd be applicable te the
~e projects ~nd grante~. EPA L. om-
bined the~ policle~ into a goal~r}ent-
ed approach.
EPA will be studying the effects of
go~l-oriented approach to incre~-se
MBE p~.rticipation. Public comment is
invited, on a continuing basis, on all
element~ of the EPA prugr~m, includ-
ing its ~iministration. Comment~
should be ~{dres.~ed to the Director.
Office of Civil Right~ (A-10S) Environ-
ment~ Protection Agency,
ton. D.C. 20~60.
InvitAtions for bid~ (LFB) or req~
for proposALs (R~-~P) issued, by grantees
and procurement of subagreemen~s on
Or ~/ter February lo 19q9, ace subjeci
to this policy. Prior imDlementaUon
the MBE policie~ will continue, where
appropriate, to Ir~suro program con-
tinulty.
EPA h~ established a goaLoriented
system to increase MBE participation
MBER - 22 of 26
upward mobility, reflect~ this lack of
minority involvement. Allied V~[~-
er~ ~d f~e~ly ~
for ~c~o~ ~d ~ ~e re~
~t ~ ~r ex--pie. MBE
r~lv~ only 1.2% of f~e~
~d the MBE ~ sh~ the eff~ of
f~ ex~lt~
In ~ p~emenL ~e 8~
~ ~rk ms~ ~ su~n~
fl~ o~ed by ~ ~d ~no~-
~blic Wor~ ~loymen: Act of
~nt of the doU~ ~o~: of e~h
~E. ~Oe VI of the ~vfl Righ~
of 1~4 p~vldes a ~m~ au~odty
The Office of P~e~ ~me~
Policy. wl~ln ~he Offl~ of
ment ~d Bu~eL ~t%bl~h~ ~r
NOfiC~S
cember 6, 1978). [urther defines, in
Section 8.b., a grantee's responsibil-
JOes in this &rea by requirin~ that
minimum of six "~Ifirmative steps" be
when possible its sources of supplies
· 1 policy Stu, tement, s which eomm/t to
substanf~lly exva~di~ the amount of
work peflormed by MBE under Feder-
al con~'acth~. ~i his March 27, 19'/8.
mess~e to Con~ress on the N&tional
Urban Policy, the President
that a/l Feders~ a~enc~es include
for MBE in their contract and gr~nf~
that increesed MBE ~ is an
being of Amertce. n cities.
On AprU 1~. 1978, the Admln~f~ator
and Deputy ,~mfnlst~a~or of the
a~ency ta~k force on utile. Zion of
MBE ~nd directed rev~ion of the pre-
viously published.4~roDosed policy for
d~Uons of the f~.sk force ~nd the direc-
tions of the President, The goal-re'l-
for util~tinn Of minority const/~c-
tion cont~actor~ to reflect the recom-
mend&tion4 of the t4.sk force snd the
60221
result of this action.
lio~ o{ doila~ of public funds for
rela~d pt~ing ~d ~llution abate-
Act. The~ fun~ will snbstantially
impact the I~1 ~onomies of the
~s. MBE h~ve not sufiiciently
sh~ed In that expenditure.
~e ~licy of ~A ~ to encou~o
inked ~E p~tlclpttlon ~ con-
~der ~A ~ for co~truction of
publlcly-o~ed ~ew~er ~eatment
wor~. ~ Impfemen~ the OMB
p~ltlve e{fo~ st~dard, confor~ ~o
~esldent[~ d~ection. ~d furthe~
the requiremen~ of TIUe VI of the
Civil Rt~h~ Act of 1964.
EPA will encourage opDortunRies
lot i~ediate p~tlcipation of compe-
~nt ~E ~ work performed under
~ ~d promote the development
of new mino~ty lir~ t~ough a vari.
ety of b~ine~ ~r~emen~. Th~
wffi ~volve incre~ed ~e of wholly-
o~ed ~ ~ well ~ the ~ood laith
combination oI non-~nori~y c~vi~l
and expert~e with minority owne~hi~
·nd ~tu~ ~nCroL While i~ ~ the pur-
ple of ~h~ ~Hcy to provide opportu-
nltl~ for MBE to p~tcipate in cow
~ under ~a~ts, ~A, in t~ stew-
~p ~le, will not re~bu~e
t~f~o~ work or unde~rite c~ to
~e ~o~ of ~A ~ ~ Implement a
fair ~d eff~tive remedy'to the under-
utll~tion of ~E ~ the context of
the unique ~A-~ ~latlonship.
A ~o~en~ system ~hieves the
d~ ~t of In~e~ MBE p~-
Odpstion ~t~ the ~A ~t proc-
~ ~d ~ ~ the development of
v~ble m~orlty co~t~t ~d con,
~e policy d~d~ the minimum
~lMve effo~ respo~lbtltties that
· re ex~ to be t~en. Use of the
~E go~l~riented system ~ a condi-
tion of ~ll EPA.~sisted ~an~ for con-
wor~. Admi~trt~on of Ch~ program
will be fle~!~{e and should not be mis-
The term "Minority Busine~ ~ter-
~e~nt of which ~ o~ed and ~n-
t~Ued by minority ~oup member.
~e ~noNty owne~hiv m~st exercise
The EPA ~Uev~ that
wlU m~ ~e effo~ of all ~ncemcd
MBER - 23 of 26
60222
to conform ~o their responsibilities.
EPA norxn&lJy wtll not review whether
each MBE performs or Is Inte~ed to
the construction industry pr~Uce or
consular co--unity th&t Involves
subst~ti~ respo~lbiltty), or ~ doml-
nsted by n~mlnority con~oL The
EPA regional Offi~ of Civil ~lgh~
·nd Urb~ Aff~i~ (OCRUA). when re*
quested by · g~e or where deter-
mined to be In the Gover~ent's
OCRUA will review e~h p~d
of MBE which ~ b~ upon · ne~ly
foxed MBE ~u~ of supply.
In the event ~A f~ ~h~t ~ ~E
will no~ ~ntrlbu~, or h~ not
u~d. ~ · v~]~t's com~lemention in
~ m~er co~nt with ~ep~d
d~try pr~tlce, the MBE will not
co~ldered ~ ~ MBE ~der that pro-
de.ay, the ~n~e m~t take s~
the con~ct, or ~itiate other reme-
dies avsilable under S~te or 1~ law.
Regional A~ln~traCor. may &ho ~e
steps ~ dete~lne the b~ine~
concern(s) nonres~lble ~d ineli~-
hie for future con[~[ [w~r~ on ~A
gr[nt-~ proJ~.
A minoHty ~ a mem~r ol one or
more of ~e Iollow~g ~u~ Bl~k
Ameri~. Amedc~ ~dl~, Ameri-
can ~kim~, ~d ~edc~ ~eu~.
The ca~gori~ of m~odty
mem~ ~ in~nd~ ~ g~ ~e
~nef~l~ eff~ of th~ prog~ on
th~ ethnic g~u~'of ~e~
ze~ which ~ly h~ve not
ticioa~ in work on ~e~i or fedeX-
have ch~n ~ def~e minoHW ~oup
mem~ or MBE ~ ~ of ~e~
~i~ or ~onomi~ d~v~e. ~e
s~nd ~ tho~ who ~e. ~ f~t. ~tur-
v~
The b~ic obligation of ~ ~A
g~nt~ con.ming MBE u~ ~ se~
forth in ~tle 40. C~e of F~e~l Reg-
cu~ment s~d~d ~d gr~t ~ui~-
menC
NOTICES
The standard is equally applicable in
negotiation for any subagreement for
AS~E services. Sections 35.937-2(a) and
35.937-4(c), The standard concerns the
responsibility of ~[h a gr~tee and
bidder or o/leror. S~[ions 35.936-15(a)
~d 30.340-2(K). This MBE pro~ ~
principally implemented through the
e/{or~ of e~h EPA grantee ~ ~d-
vance the Koals of/ncre~ed MBE par-
ticiva[ion in e~h element of work to
be peHo~ed ~der ~ ~A ~.
~e ~sltlve efIo~ obUg~tion ~ a r~
qulr~ c[a~ in c~h co~ultinK en~-
nee~n~ ~greemen~ (Ap~ndlx C-1.
co~t~cUon contel (Ap~ndlx C-2,
p~ 9 ~ 40 C~ ~ubp~ E). ~e
s~d~d h [ con[~uin~ obli~Uon In
aws~ of sll subtler subl~men~.
S~tio~ ~5.937-12(bX2) and 35.938-
9(b)(2). There ~ ~ .Identl~ obllg~-
b~eemen~. ~33.135. In order to im-
plement these obtigatio~. ~A h~ es-
~blhhed the iollow~ god,Hen[ed
system.
es~bl~hlng ~d ~plemenC~g [ go~
[or ~BE ~e spp~priate ~ the type
of work ~volv~ The go~ sh~l ~ ~-
~bl~hed p~or ~ ~ng pr~ement
~tion under z ~ (Le.. p~or ~ the
~u~ce'of a r~u~t for pm~h for
A&E co~ult~L sel~tlon on s ~p l
pillion for bl~ ~or ~[~c/inn con-
t~ under [ S~p III ~tX ~e
(1) ~e ~RUA ~d W~r Dl~lo~
~ly review ~ ~o~ for A~E ~d & g~
lot ~L~ction p~u~ment ~
re,om ~h go~ should ~ expm~d
of ~1 ~nt~ approved. ~h gosl
should ~n~n ~ expl~Uon of I~
b~ ~cluding the felon's ~tlma~ of
~E p~lclpation s~ln[ble ~ ~he
~gion. ~ven the ~vail~ble ~d ~n-
men~d by e~h ~e in ~pe~tion
with OCRUA ~ one of the ioIlow~g
ia) ~e re~on~ goal may be lnclud-
ih) The ~r~. p~or ~ the ~u*
~ c~per~Uon ~th the O~U~ may
ty~ of work ~ ~ perfo~ for in-
lion. This goal may differ irom the
ove~ll ~gion~ goat whe~ d~m-
goal where a minority source of serv-
ice, supply or manufacture ks hOC rea-
sonab[y available; or · project specific
goal may be in excess of a regional
goal where competent minority re-
ir) A grantee may use its own system
for MBE utlll~tlon where It is demon-
s~rated to the ~Usfaction of the
OCRUA that the grantee's system will
result in ~ ~cep~ble level of MBE
p~ticip~tlom
(3) The solicitation d~umen~ must
con.in ihe followin~ lnfo~a~ion
~plement the ~o~riented sys~m:
(~} Cle~ noti~ pi the ~. which
(b) The m~er In which the bidder
or offe~r may confo~ ~ 1~ oblita-
tlo~ prior W contract award;
(c) ~e m~er by which poslUve ef-
Io~ of the ~der or offeror will be
id) A notice pi ~ctin~ for i~ilure
to comply with the ~sitive effor~ re-
quiremen~ ~ the solicitation
men~; ~d
(e) A copy of th~ MBE policy.
(4) ~lici~Uon d~ent~ should be
re~ew~ ~d app~v~ by OCRUA
of the W~r Pip,ion for confo~ce
with th~ ~oal-orien~d syste~ The
~ or ~RUA m~y identify
the ~lici~tion d~umen~ further
~ltlve eHor~ which may ~ t~en to
~mply ~th th~ ~licy.
~e ~e, ~ ira role ~ a public
- Uve r~Ut~w~d max~izing
~E ~e, ~tlo~ 30.120. 30.600 et
~eq. ~d 35.936-5. Bldde~ ~d oflero~
· t the p~n~ct s~e, ~d thee
~der ~n~ ~th ~A ~ntees
~de~ndently r~vo~lble, W the
~ ~d ~A, to exe~e ~sitive
effo~ ~ ~o~ ~ th~ ~llcy. MBE
m~t ~e s~ to ~tlvel~ participate
In the ~e's pr~rement pr~-
~. ~A h ult~telF res~ible for
detemlnln~ ~mpli~ce with the
tire effo~ requirement.
Within ~A. the foHowin~ ~e the
~tlve prognostic responslbil-
(1) Environ~lal Pmleciion
AO~ (Head~uarte~). ia) ~
~o~ ~ es~bllshed in the Ofii~
(b) ~e D~tor of tNe'Office
Civil Ri~h~ sh~l ~ the A~ency DIr~-
~r for Mtno~ty B~e~ En~rgr~e
~d ~ll work ~ c~inatlon with the
Office of W~r ~ Operation~
~ ~vlement thh ~licy.
lc) The D~tor oi the Oifice m
~l Rl~h~ sh~ll desl~te a Minorit~
id) ~e Mlno~ty B~ine~ ~ter
p~ Officer. workin~ in ~njunctior
MBER - 24 of 26
OCHUA shell be ~he reglon~ Mtnortty
Busines~ Enterprise Ofii~g.
(c) ~h ~A ~gion sh~l monl~
the ~RUA ~d the W~ Divisio~.
men~; ~d~e ~e g~ of ~ble
p~v~ Of the p~ ~ ~w~
mtY ~ withheld ~til the d~l~ienci~
iv) ~ew ~d d~e the ~e-
O~Y of the ~/~ve effo~ s{~r ·'
CvD Whe~ the ~ew ~ f~-
~ on the v~g of ~e ~L or
~o~! ~E Offl~r sh~ ~fo~ Lhe
~e Lhs~ f~ilu~ on the ~ of the
f~tion of the ~E Offer ~d the
cannot ~ ~em would le~ ~ Lhe ~i-
ti~tio~ of p~d~Ks for ~si~on
of s~tio~ which ~d i~lude wi~-
z~ ~clu~K ~n~ sw~ded W
MB~
buic ~ndlLion of ~ ~ sw~ ~1
~e ~dLive effo~ ~ ~ ~
~ ~iLive effor~ In~ude. ~L leal
NOTICES
(k) Making & list of pl~nholder~ of
ders. during any pre-bid conferences,
of the ~A policy con~mi~
p~lc[pa~io~
tn) Keep~z OCRUA
~ co~MnZ l~ ~re exp~d
~e ~ve ello~ to ~e ~ ~e
~ltIve eifor~ ~clude ~t leut ~he fol-
lowin~
men~
(c) ~vl~ the zr~tee with
the doH~ v~. or I{ no ~w~ble
MBE w~ ~ ~ed. iu~n~ &he
A~e ~nd ~he rezion~l ~ otfl~r
~h com~ve price leve~
· w~ ~o
(e) Requ/~n{ ~ e~ch
60223
dollar value): or if no available MBE
will be used. furntshlng the grantee
~tnd the regional f, iBE officer rezsous
wh~.
~wzrds ~
I~ proj~t pia~ing pr~c~;
~ OCEU~
with ~ ~d 1~ Office of Minor-
ity B~ En~erp~e (O~BE:
f~ded ~t~ ~ org~-
tio~ ~d ~o~
(e) ~k ~ce from OMBE
~n~g ~d ~lc~ ~ce ~rv
ol ~Ove eifor~ or ~ held not~
u~n ~he ~ce of ~he OC~UA
p~ or p~de · b~ for ·
obJ~vel~ demo~ the
MBER - 25 of 26
60224
positive cftort~, the gr,~ntec, in con-
Junction with Its function of deciding
responsibility in each cue, shall deter-
mine the bidder or offeror to be nonre-
sponslble, in that event, the grantee
must promptly advise the bidder or of-
feror. In writing, of the b~ gor the
nonresponsibfliCy declination. The
bidder or oHcror m&y file · r~uest for
review under .pr~edurcs set fo~h tn
~ 35.939. including ~ppropri~te pr~e-
dural requirement. A timely flied pr~
test ~il defer the challenged pr~ure-
men[ ~ction.
A finding o~ nonr~po~ibilltY on
contr~t shall not p~judlce the right
of that bidder or offeror ~ submit
bl~ or p~ on other ~A iund~
The OCRU~ u~n review of
p~d ~n~t aw~, may request
a g~e to ~ke appropria~ enfo~e-
ment ~tion. Where an applic~t/
gran~e fal~ ~ meet i~ obligations
under this ~licy the EPA may d~iare
the a0plic~[ no~es~ible under
{ 30.~40 et seq. or Initia~ ~tlon under
pr~edures set f~h
30. Subpa~ H.
(2) Water. [n Ilmi~d sl~uaUo~, ap-
proval may ~ J~tifled of a contac
where · bidder or offe~r h~ not dem-
ons~ ~itive eifo~. For ex~-
pie. whe~ delay incident to r~licita-
tion will ~e su~t~tl~ h~ ~ the
pi the /oilo~g p~m~io~ ~ included
tn the ~nt~ ii) 8~ic ~d d~
ftn~ ~sitive effo~ for ~E p~ici-
(2) a ~n~ty. ~uch u ~aUon or
~ u~n llq~da~ d~, for
fall~ ~ unde~e ~d ~mgle~
th~ effo~ or ia) the
the ~itlve effo~ ~ui~en~
~n ~mplled ~ ~ ~e ~t~f~on
of ~A ~d the ~
(~) Po*t Contel A~a~ Com~i-
r~ui~ ~ ex~ ~d submR ~ the
~ covi~ of
b~eemen~ with~ ilion
~f~r ~n~t awaY. ~-f~m time
~ t~e.' ad~ the ~e ~d
OCRUA of ~he
~r lath ~ ~o~ ~ I~ MBE obli~-
wHt~g. ~ ~e ~ ~d ~RU~
the ~o~ for nonutil~lom If there
~ nonuth~ttnn ~thou~ [~ ~.
the ~ ~ll ~ ex~ ~ r~u~
~nt~r. FMlu~ on the Va~ of the
~e ~ ~u~ suoh effo~ or
i4) ~ta~ or ~ ~. Hothlng in
NOTICES
posing more stringent MI~. require-
ments in work procured under EPA
francs or procuremenC obligations
which pertain Co bid responsiveness.
where provided for by State or local
law or ordinances.
Dated; December 18. 1978.
DeputF Admini3irator.
[6560-01-M]
[OPP-IS0254; FRL 1029-t{
The Environmental Protection
Agency (EPA) has Era~nted a sp~iflc
exemption Co Che Okl~hom~ Dep~t-
menC of A~iculture (here~ter re-
ferred ~ ~ the "Applic~t")
Di~inon for the control of the whlto
g~b on approx~a~ly 215.000
of winter whea~ l~ated in thi~een
co~tl~ in O~ahoma. Th~ exemvUon
w~ [r~ted ~ ~cord~ce with. ~d
subj~ to. the prov~lo~ of 40
P~ 166. which pre~b~ r~
men~ for exemption of F~e~
3~ agenci~ for ~ of pestlcid~
under emergency ~ndltlo~
~ noti~ ~n~i~ a s~y of
ce~ ~fo~ation ~u~ by
lattnn ~ be ~clud~ ~ the no~. ~r
mo~ de~ tnfo~a[io~
p~t~ ~e ref~d ~ the appll~Uon
on IUe with the Re~tlon Dillon
(~6T}. Offi~ pi P~idde
~, ~ 401 M Str~ S.W. ~m
~315. W~n, D.C. 20460.
~e~ ~ t~u~ 2~ s~i~ of w~
~u~. ~me ~mplet~g the~ life c~le
~ one ye~ ~d some ~ four. ~th
g~ ove~nter tn the soil. ~th
adul~ ~d ~ l~ae. The latter f~
the spring, su~er and i~ on the
r~ and ~der~o~d p~ of ~e
pl~. ~ ~ld weather app~h~,
they work their way do~ in~ ~e so2
~uaHy ~low the f~s~ l~e. Ad~.
the ~une b~etle, emerge f~m ~e
~ the spring ~d feed on the foliage
of cro~. tre~. ~d sh~b~
A~o~ng ~ the ~vvli~ the
whi~ ~b h~ ~fe/~ l~d
~l~ted with wheat tn ~f~ BI,ne.
Cotton. Dewey. Ell~. O~field.
Kay. Klngf~her. Major. W~hit~
Woo~. and Wo~w~d Coun~ ~e
AppH~t s~ted thai app~x~ly
thr~ whi~ ~bs ~r ~uare f~t will
des~y most of the eme~n~ whea~
and in m~y of the tnfes~d
~ulatio~ of 30 to ~ ~ ~r
square ioof are COmmOn. Tile Appli-
cant also claimed that it will be neces-
sary to replant a considerable amount
of acreage in the affected counties due
to damage already inflicted. The acre-
age involved h~s the potential of pro-
ducing over 5.375.000 bushels pi hard
red winter wheat that has a current
value of $16.931.250. There is no other
pesticide registered for the control of
this pest.
The Applicant proposes to use two
formulations of Diazinon i0,0-dlethyi
0.(2.isopropyi-6.met hyl-i-pyrimldinyl I
phosphorottnoateL A total of 130.000
pounds active ingredient la~L) will be
applied by ~'ound equipment ~nd in-
corporated into the soil. The Appii-
c~nt states that chemical treatment
with Dl~zinon of white grub-infested
wheat I~nd must be made prior to
plsmttng winter wheat.
Ho detectable residues (les~ than
0.03 part per million (ppml, method
sensitivity) are anticipated from the
proposed use. /Since this pesticide is
extremely toxic to wildlife and fish. ils
use is restricted to ~round application
only and it must be kept out of bodies
of water.
A~ter reviewing the application and
other available information. EPA has
determined that ia) a pest outbreak of
white grub h~s occurred; (b) there is
no pesticide presently registered Lnd
available for use to control the white
grub tn Oklahom~' tel there are no al-
ternative means of control taking into
account the efficacy and h~rd; id)
significant economic problems may
result if the white grub is not con-
trolled; ~nd lei the time available for
action to mltl~.te the problems posed
is L~suliiclent for a pesticide to be reg-
istered for this use. Accordingly. the
Appllesnt has been ~r~nted a specific
exemption to u~e the pesticide noted
~bove until December 15. 19'/8. The
s~iflc exemption is al~o subject to
the followln~ condition~;
1. A total of 430.000 p~unds a.i. of
the p~oducts Dl~/non 14/3 and Dia-
zinon AGS00 may be used;
2. DIs~lnon may be applied in the
counties mentioned above:
3. The do.~ge rate shall not exceed 7
to 14 pounds per acre of Diaztnon 140.
or 1~ quart~ per acre of Diasinon
AO500;
4. A single appiicaUon may be made;
$. Applications must be restricted to
ground equipment only;
6. Dlazinon must be soil lnco~pdrat-
ed immediately after applic2tion:
7. Turn areu or row ends must be
soil incorporated:
8. Recently Diasion-treated areas
may not be retreated. Infested areas
may be treated only once;
9. Granules which are spilled during
loading or application must be covered
or soil tncorDorated;
MBER - 26 of 26
LABOR STANDARDS PROVISIONS
FOR
FEDERALLY ASSISTED CONSTRUCTION CONTRACTS
DAVIS-BACON ACT ((Ir! U $ C'. ?.76a-276a-7)
Iai All mcch;~nics and lah,rcr~. [ncludln&t apprcnlices
vldc, zn ahcrnalivc (tinge ~nefi~. ~ shall furnish informalion
his recommcndalinn, lo [he ~crc~ary o~ Labor for R~al dcletmi.
~rerq or mechanic, i~hldlng apprem~e~ and I~ai~e~. wh~h
cm~ayed under 1~ cnnlrKt ~all ~ cbs~ificd o~ ~eclas~ified
CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT--OVERTIME COMPENSATION t4~ U.S.C.
(al 'rh¢ C(~ntractor shall nol require or permit any lahorer or
methane, includJn~ apprcnlJces. Iramces. ~-alchmcn. and
~uard~, in any workweek in which he i~ cmplnycd nn any work
LS-1 of 4
following three ohjeCliVes: (il The (~lr~lm emph~y~ under this
li~ ~or~. Nxh ~blic ~d ~vale. in I~.~n~ laho~ marL~
tJ~ for the ~r~&e of this ebu~ ~ull ~ a~ [~dh~w~: i I t In any
~eshJp and l'~aining; and (31 for an) ~cupali~ [ur which no
I~in~ lu ~neg~n ~hull ~ ~ k~l ~e apprehtice ~ trance
PAYROLLS ANDBA$1CRECORD$
LS-2 o'f 4
COMPLIANCE WITH COPELAND REGULATIONS
WITHOLDING OF FUNDS
SUBCONTRACTS
E PA F~ $720-4 (S-73t
CONTRACT TE RMIN ATIOH---OE B A R M E NT
CFR
NONDISCRIMINATION PROVISIONS
LS-3 of 4
ard~ Ac! (40 U.$.C. 327 el
LS-4 of 4
IFpA FMM S720-4 (5-731
:m
COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENT$ UNDER U.S. EPA GRANTS[ For~,Approved
(.See accomp~snyir~ instruct;ohs before completin~ this [orm) . OMB J~o. 158- R0144
PARTI.GEN£RAL
PART II-COST
TRAVEL SUBTOTAL:
EQUIPMEHT SUBTOTAL:
COST
SUBCONTRACTS SUBTOTAL:
OTHER SUBTOTAL:
e.'OTHER DIRECT COSTS TOTAL:
TOTAL ESTIMATED COST
t2. TOTAL PRICE
:EPA Feee $700~1 (2-76) EF-1 of 2
PART Iii -PRICE ~LIMMARY
PART Iv o CE RTIF~C~.TION$
This prC'p°sa! is sub~itte~ for ur, e ~ con~ecfio~ w~t~ ~d i~ ms~nse to (1).
. ~Js is t~ c~ to t~ ~st of my knowl~ge
and ~lief ~et t~ cost
(2)~ and ~at a ~ci~ m~em~t c~ab[lit~ exists to ~ly ~d a~u-
mtbly ac~t [ort~ ~n~ci~/ransactiofls ~dez t~s pmj~t. ~ fu~er ce~ify ~at I ~de~tand ~at the
~g d~ have ~n ~tem~, es a ~ult of aunt, ~ to ~ve ~n com~e~, cunent aaa accutec
~ ~ date a~.
! c~'t/fy t~nt I have reviewed the cost/price summary set fort~ herein e~nd the propose~ costs/price appeaz
acceTtable for ;ubagreeme~t awa,-d. ;
EF-2 of 2 F,~z2o~
CONTRACT PROVISIONS REQUIRED 3Y TERMS OF FEDERAL PARTICIPA-
TION UNDER THE FEDERAL WATE~R POLLUTION CONTROL ACT, AS
AMENDED
The provisions contained herein are to apply to this contract and supersede any conflicting pro-
visions appearing elsewhere in the contract documents except where bond or insurance coverages
are gre~ter than amounts indicated herein in which ca.Re the greater ~mounts are applicable.
! Contract SecurRy.--Tbe successful bidder mun? de-
ii'var to the Owner an executed Performance Bond m an
ant at leant equal to fifty percent ($052) of the
ac.c.c,_ M~tract and · so must deliver to the Own. er a.
ual to fifty percent ($0%) of the accepted, bid._~_s
eq '- '-- the nayment of &Il per~on~ pen.orm?.~
comp Y ..... , ..... , loess in the State
where the proposed pro~ect is located. ~e b. onda
~. ~,~ved bY the Owner prior to ex?utzon, ut t. ne
-'~ s~"----,-·c~. On contracts for materza~s a~l~ equzp-
ezpressly so stated.
t~ct until he has obtained all the insurance required
hereunder and such insurance has been approved by the
T~e Contractor shall take out and malnt~in duxing the
Bfe of this c~ntra~t the statutory Workmen's Cnmpe?
nation and Employer's IA.ability l'nsurance for aU of
~pio~s to ~ en~aged in work an the ~ro~t under
~* cont~t and in case any such work as su~et, the
~at~t shall require ~e subcontractor ~imil~rl~i~
~ht~- Ineurance for all of ~e letter's employes ~ ~
a~=n~ th~ life of this contact such B~ily Injury Lia-
~-~, an~ Pm~y Damage IAability Insurance tnd
&~ob.~ Bodily lnju~ ~ability and p~pe~y Dam-
a~ ~b::ity lnsur~ce ns shall p~t~t him and any
~ ~[s~ma for damages for ~onal inju~, including
~% ~'~ether such operatio~a be by himself or by
~t ~n:r.~nr or by a~yone dir~tly or indirectly
~ ~l not ~ less th~
(l) ~ily Inju~. Liability In~u~nce. in an amount
~ ~, th~n One tlundred Thou~nd Dolla~
(11~.~.~) for injuries, includin~ ~ongful
~a~ to ~ny one ~on. ~nd nubj~t to ~e
bx~ th:.n T~ree Hundred Thousand Dollars
(~,~.~) on a~unt of one ~cidenL
~ ~Y Damage insurance in ~ amount
~ ~.~ Fifty ~o~d ~ollarn {$50.~0.~)
f~ ~m~ on ~o~t of ~y one aeclden~
~ m ~ ~nt not lens ~ One Hund~d
~ ~1~ ($1~.~.00) for
~ ~t ~ ~ ~den~
(,~) O~/s prot#ttiet Ls~&dity Int.r~tS'l~The Con-
tractor shall take nut and fu~ish to the O~er ~d
maintain du~ng the life of this cont~ comple~
Owner's Protective Liability Insurance in amounts aa
s~ified in ParaEraph ~(c). a~ve for B~I~ I~j~y
Liibility Insur~ce ~d for Pro~r D~a~ blare ty
~c~r shall p~ure and m~ntain durin~ ~e I~e of
~is eontt~t fire and extended coverage inl~e ~ ~
~ount equM ~ the bi& price o~ ~e c~tr~
3 Substituti-n Clause.--W'her?er in the
a~ecificntions any item of equ~pr~en.t
desic~nated by reference tn ,a pn~cutar_ so.~
fact~rer, or trade name, it ts un~ersto~ ~,,a-
proved equal product, acceptable to the Engineer may
be substituted by the Bidder or Contracte£.
4. I spectinn.--Iteprosentativen of the U. S. Depart-
ment of Health. Educat on and Welfare arid of the SCale
shall have access to the work wherever it is in prepa-
ration or progress and the Contractor ~all provide
proper facilities for such acces~ and inspection.
5. Time for Completion.--The time to be allowe~ for
completion of this contract from the date of the order
to begin work is ~pecified by the O~rner to be:
....... calendar daa~
Secretary of Labor made pursuant to t~e Anti-Kickback
Act ~f June 30, 1940, 40 U.S.C. ~q6(c) and any amend-
meats or m~ifications the~. The ~nt~r ~d all
su~ontracto~ shall furnish the O~er with w~
Statements ~f C.mplia~e. In ea~
~nntr~tot shall cause app~fiate
~ed on any au~ontmcto far ~e
lhall ~ ~nsible for the
of ~ompiiance ~qui~d of lU~ont~
K ckback Act except ~ the Secre~ of ~bot may
a ifically p~vide for ~asonable limi~tione, va~a-
t~ a~d exemptions t~m the ~equiremen~ ther~f-
~-~e Radiations a~ p~ BI thi~ con~ ~d ate
i~luded in ~e~ specifications.
~b) ~ Contractor ~d all ~u~ontracto~
~av to nil In~,~ra and mechanics employed for t~e
~n~st~ction ~*ve~d by ~ia contract ~e minimum ~tea
of pay ~ de~ined b~ the S~
~ordance with the Act of Mn~
~no~ al the Da~a-B~n Act (40
gT~a-~). FurbeloW. ~e Co.tracer ~d au~ontrac-
to~ shall adhe~ to the sti~ulations and provinionl
~ublishod by the ~reta. o~ Heal~,~uea~o~:
~o~
CP-1 of 1
HOLZMACH~R, McLI:NDON & MURRELL, PC
MODIFICATION NO. 1
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
CONTRACT NO.
CONTRACT NO.
CONTRACT NO.
CONTRACT NO.
1 - GENERAL CONSTRUCTION AND MECHANICAL WORK
2 - HEATING, VENTILATION AND AIR CONDITIONING
3 - PLUMBING
4 - ELECTRICAL
(H.V.A.C.)
(FEDERAL PROJECT NO. C-36-1120-03)
CONTRACT PROVISIONS REQUIRED BY TERMS OF FEDERAL PARTICIPATION
UNDER FEDERAL WATER QUALITY POLLUTION CONTROL ACT, AS AMENDED.
PARA. 2(c) (1) - BODILY INJURY LIABILITY INSURANCE
IS AMENDED AND WILL NOT BE LESS THAN ONE MILLION DOLLARS
($1,000,000.) FOR INJURIES, INCLUDING WRONGFUL DEATH TO ANY ONE PERSON,
AND SUBJECT TO THE SAME LIMIT FOR EACH PERSON IN AN AMOUNT NOT LESS
THAN THREE MILLION DOLLARS ($3,000,000.) ON ACCOUNT OF ONE ACCIDENT.
PARA. 2(c) (2) - CONTRACTOR'S PROPERTY DAMAGE INSURANCE
IS AMENDED AND WILL NOT BE LESS THAN FIVE HUNDRED THOUSAND
DOLLARS ($500,000.) FOR DAMAGES ON ACCOUNT OF ANY ONE ACCIDENT, AND
IN AN AMOUNT NOT LESS THAN ONE MILLION DOLLARS ($1,000,000.) FOR DAMAGES
ON ACCOUNT OF ALL ACCIDENTS.
THE CONTRACTOR SHALL NAME THE TOWN OF SOUTHOLD AND INC. VILLAGE OF
GREENPORT AS INSURED PARTIES IN ALL POLICIES.
M1 1 of 1
~_j~ HOLZMACHER, McLENDON & MIJRRELL,
MODIFICATION NO. 2
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
CONTRACT NO.
CONTRACT NO.
CONTRACT NO.
CONTRACT NO.
1 - GENERAL CONSTRUCTION AND MECHANICAL WORK
2 HEATING, VENTILATION AND AIR CONDITIONING
(H.V.A.C.)
3 - PLUMBING
4 - ELECTRICAL
(FEDERAL PROJECT NO. C-36-1120-03-0)
The contract is amended herewith as follows:
(A) Builder's "All-Risk" Insurance - The contractor shall pro-
cure and maintain during the life of this contract "All-Risk" Insurance
in an amount equal to the Total Bid price of the contract.
(B) Local, Town~ County and State Ordinances - The Contractor
shall abide by all Local, Town, County and State Ordinances to the
extent that such requirements-do not conflict with Federal Laws or
Regulations.
(C) Federal Grant Regulations - The Grant Regulations of Public
Law 35.938 and 35.939 are appended herewith to the contract and are
attached.
(D) Prime and Subcontractor Certification Forms - The prime and
subcontractor certification forms are appended herewith. These forms
or facsimilies thereof shall be completed and submitted with each bid
for each and every prime and subcontract.
(E) Tax Exemption -
(1) The Town of 'Southold is exempt from the payment of New
York State Sales Tax and Compensating Use Taxes under Section 1116 of
Article 28 of the Tax Law of the State of New York, and is exempt from
the payment of Suffolk County Sales and Use Taxes under Section 7,
Ordinance 404-C-1968, enacted pursuant to Section 1210 of Article 29
of the Tax Law of the State of New York.
(2) The contractor and any of his subcontractors approved
to perform work on this contract, are hereby advised that this is a
lump sum contract for furnishing labor and material for which bids
M2 1 of 24
HOLZMACHER. McLENDON & MURRELL. P.C
MODIFICATION NO. 2 (CONT'D.)
should not include any sales and compensating use taxes on materials
which are to be incorporated into the contract work. Materials are
to be separately sold by the contractor to the Town prior to incor-
poration into the contract work.
(F) Performance & Payment Bond Requirements - Performance & Payment
Bond Requirements for Water Quality Improvement Project Construction Con-
tracts and Performance Bond Information Form are herewith appended to the
contract. The contractor shall submit two bonds. One shall be for full
performance of work under the contract and the second shall be for all
claims for labor, material, etc. The Performance & Payment Bonds shall
each be for 100% of the contract amount.
(G) Pre-construction Conference - After contract award and sign-
ing, but prior to the start of construction, a pre-construction con-
ference will be held. This meeting will include representatives of
the United States Environmental Protection Agency, New York State Dept.
of Environmental Conservation, Engineer, Contractor and Town of South-
old . The purpose of this meeting will be generally administrative,
to acquaint the contractor with Federal and State requirements, use
of subcontractors, contractor submissions and approvals required prior
to construction, construction procedures, payment criteria, schedule
and completion times and other~ criteria relating to contract require-
ments and performance.
(H) Monthly Progress Schedule - The contractor shall submit a
work progress schedule to the Engineer within ten (10) days of award
of the contract. This schedule shall be updated monthly and submitted
monthly to the Engineer.
(I) Safety and Health Regulations - The contractor shall comply
with the Dept. of Labor, Safety and Health Regulations for construc-
tion promulgated under the Occupational Safety and Health Act of 1970
(PL 91-596) and under Section 107 of the Contract Work Hours and Safety
Standards Act (PL 91-54).
(J) Access to Records - The contractor shall maintain books, re-
cords, documents and other evidence, in accordance with appropriate
accounting procedures and practices, directly pertinent to the perform-
ance of the work under this contract until the expiration of three (3)
years from the date of final payment. The Owner, the United States
Environmental Protection Agency, the Comptroller General of the United
States, the State Pollution Control Agency or any of their duly autho-
rized representatives shall have access to any such books, documents,
papers and records for the purpose of making audit, examination, ex-
cerpts and transcriptions. The Contractor shall preserve and make
such records available during said three (3) year period. The
M2 - 2 of 24 I
I.-~/~ HOLZMACHER, McLENDON & MURRELt.. P.C.
MODIFICATION NO. 2 (CONT'D.)
contractor's facilities and records shall also be subject at all rea-
sonable times to inspection and audit by said agencies or representa-
tives during the period of performance of the contract work.
(K) Agency Access to Construction Site - Whenever construction
work is in progress or preparation, the contractor shall permit access
and inspection and shall provide proper and necessary facilities for
inspection to representatives of the Town, Engineer, County, State and
Federal representatives of participating or approving agencies which
shall include but not be limited to the United States Environmental
Protection Agency, the New York State Dept. of Environmental Conserva-
tion, the Suffolk County Dept. of Health Services, the Town of Southold
and the Engineer.
(L) Federal Affirmative Action Requirements - The contractor and
subcontractors shall be bound by the Federal Affirmative Action Require-
ments appended to this Modification.
(M) Estimates and Payments - "Prompt Payment" - (Page C-12,
Par. a and b are modified by the addition of the following Federal
requirement) - The grantee agrees to make payment to its contractor
promptly after receipt of Federal sums due under this grant and to
retain only such amounts as may be justified by specific circumstances
and provisions of this grant or the construction contract.
Retained amounts shall be limited, except where greater retention
is necessary under specific circumstances specifically provided for in
the construction contract, to the following schedule:
(a) Retention of up to 10% of payments claimed until
construction is 50% complete;
(b)
After construction is 50% complete, reduction of
the total retainage to 5% of payments claimed,
provided that the contractor is making satis-
factory progress and there is no specific cause
for greater withholding;
(c)
When the project is substantially complete (opera-
tional or beneficial occupancy), the retained
amount shall be further reduced below 5% to only
that amount necessary to assure completion of the
contract work;
(d)
An appropriate State Bond shall be accepted in lieu
of all or part of the cash retainage under (b) or
(c), above.
M2 3 of 24
12930 Foderal Registrar / VoL 4~ No. ~0 / Mcmda¥. Mamh 28~ 1~1 / Rules arid Re~lallous
4O ~ Part 35, Subparta R at~ I
contained In § 33.710.)
(nj To fomter ~atar econo~
e~en~, ~A end--gee r~e~ta to
ent~ into State ~d l~
inte~ovem~n~ n~emen~ ~
~on p~nt or use offs
~d
~] AI~o~ ~te~ve~
a~menta a~ not subj~t to ~e
requirements ~ ~is pa~ all
p~men~ u~er ~te~e~n~l
a~emen~ ~ s~j~ to ~e
~quimments ~ ~s p~ except for
p~men~ ~at ~:
(1} inddent~ to ~e p~o~ of ~e
assist~ a~menL ~d
(2} Made ~h a central public
p~c~ment ~L
(a} ~ese mq~men~ apply o~y to
r~ipien~ ~d con.actors
suha~eements for cons~ctio~
(1] For cons~c~on su~a~eements
SI~,~ or [ess. ~e ~ipient shah
fo~ow its o~ req~ments mla~ to
bid ~arantees. penny.ce ~nds and
p~yment bond~
{~} For those s~a~ements more
tb~ SI~.~, ~e awed offici~ may
ncc·pt the m~pient's bon~ policy
=nd mq~ments pmvid~ the
of~d~ ~es a dete~atinn ~at
Federal ~ve=~t's ~terest is
adequately pmtecte~ ~ ~e
o~cia[ does not m~e that
d=te~a~o~ ~e mlnlrsum
~qu~men~ for su~ementa mo~
{i} A "bid ~=entee" bom each
bidder eq~valent in ~ve percent of ~e
bid pfi~ ~e "bid ~e"
cons~t of a ~ ~ent such as a
bid bon~ ~Eed ~ or o~er
negotiable tns~ent a~mp~yi~ a
bid as ass=~ ~at the bidder will
upon ac~pt~ce of ~e bid. ex.ute
su~ con.actual d~enta as the
recipient may requ~e ~ the time
spec~e~
{ii) A "~o~ance ~nd" ~or 1~
pe~ent of the suba~ement price. A
"pedo~ce ~nd" is one that ~e
con.actor ex--res ~ co~tion with a
suba~ement to se~ ~Hment of aH
its obl~aflons ~der such suba~emenL
{iff} A '~a~ent ~nd" for ~ ~nt
of ~e suba~ment pH~. A ps.eat
bond" is one ~at ~e ~n~actur
executes ~ ~nn~tion wi~ a
suba~ement to assure pa~ent as
required by law. tu all ~rsons supplyi~
labor and ~teHal in ~e execution of
the wo~ provided for tn the
suba~ee~nL
(3} Where bonds are requL,-ed In the
situations described above, biddem and
conU'actors shah obi·in them ~rom
companies huldin~ certificaties of
authority as acceptable sureties (3! CFR
Part Z23L
(bi Recipinnta and contractors mu~
follow the Ilood haz..a~d area
reqt~'ements of the Flood Disaster
Pmtac~ion Ac~ of 1973 contained tn 4O
CFR Part 30.
~ 33.270 Co~e of co~duct.
(al Recipients shah maintain a written
code or ·tandards of conduct which
shah govern the performance of its
offcers, employees, or agents engnged
tn the awal~d end admlniatrat~o of
subagroements supported by EPA fund~
No employee, officer or agent of the
recipient shall par*JcJpate in the
subagreoment supported by EPA funds
a cord]tnt of Inter·aL real or spparenL
would be involved.
(b} Such s conflict would arise whe,:
[1] Any employee, officer or agent of
the recipient, any member of their
immediate fem~ie~, or their po. rt~era
have a financial or other interest m the
finn selected for award, or
{21 An or~ani~at~on which may
receive or has been awarded ·
suhag~'eement employs, or is ·bout to
employ, any person under paragraph
[b){lJ of this section.
Icl The recipient's or. cars. employee~
or agents shall neither solicit nor accept
~'atuities. favors or anything of
subasreements.
[d} Recipients may ssi minimum
where the fn·ncial interest is not
substantial or the 8Lff is an u~solJcited
item of noat~al inb'insic value.
la) To the extent permitted by State or
local law or reguJations, the recipient's
code of conduct shall prnvide for
penalties, sanctions or other discipline,
actions ['or violatJooe of the code by the
~ 3%2?$ F~'s~ cost
The follo~n8 cost principles apply to
[a} State and local goverm'eenta must
comply with Ol~.ff CL. mdar A-~? to
determine allowable coeta.
~o} Educational tn·titutions must
cemply with O,~ Circular ^-Zt to
determine allowable costs and with
OM~ Cir..uJar A-88 for indirect cost
[c} Nonprofit institutions must comply
with OMB Circular A-I,.~ to determine
allow·hie costs.
[d} All other recipients, contrectora
and subcontractors must comply
Ihe cost principles contained In the
Federal Procurement Resul·Uons
CFR t-151 and. If ·pprnpdate. !-15.4} to
determine aHowsbla coela.
la} For aU EPA assistance
EPA wOJ limit Its participation in the
s.l~u'y rate {excluding overhead} paid to
individuul consultants retained by
recip~e~s or by · recipient's contractors
or subcontractors to the maxJmmn dalJy
rate f~' · GS-18. [Recipients may.
hi)waver, pay conb'actors
This limitation applies to consultation
sec'ices of designated individuals with
specJalized skills who are paid at a daily
or bo~iy rate. This rate does not include
tran.~portatJon and subsistence co~ta for
[ravel performed; recipients will pay
tht. se in accordance with thei~ normaJ
travel reimbursement practices.
{h) Subngreements with firms f~r
services which are awarded using the
procurement requirements In th~s pa~t
are not affected by this lin~tation.
§ 33.2s5 I:~-ohibtted tTPe~ of
The cosl-plus-percentage-o[`-cost (e~.,
a muhipker which includes profit} and
types of subagreements sh~J not be
used.
{a} The recipient shall conduct a cost
a~nalysis of all negotiated change orders
and all ne..,~tiated suba~'eements
estimated to exceed S10.000.
[bi The recipient shah conduct a price
anaiy~s of all formally adverfl~.d
S10.000 if there are fewer than
bidders.
{c) For ~,'gotiated procurement.
submit cost or pricing data in support of
thc.ir proposals to the recipient.
^ contractor must comply with
fo[lowing provisions in its award of
suhngreementa, (This section doe~ not
apply to · supplier's procurement o~
materiels to produce equipment,
materials and catalog, off-the-shelf, or
mnnufsctumd items.}
{a) 40 CFR Part ~Z {Debarment and
Suspension Under EPA Assistance
Pr-grams}:
(bi The tLmitatlons on suhegreement
award in § 3:1,220 [e}(t} ttu'ough
{cl The profit requirements in §
M2 4 of 24
Federal Register / Vol. 48, No. 60 / Monday. March 28. 1983 / Rules snd Regulations 12931
:i
(d! The requirements for small.
n~inorhy, wonten'a ami labor al~rp~us
tel The specificathm reqnirrments of
§ 33.255:
[ri The requiremenl~ al 5uhparl C of
this Part, if eppropri.te:
tgi The Federal co~t p~nciplns in
~ 33.~5;
(h} The prohibited types of
auba~eements in ~ 33.2~;
(i] The co~t and p~ce considerations
in ~ 33.~. and
(jJ The apphcable subugrcemcnt
prov~smns in Subpar~ F o[ this part
Small Pu~ha~s
If the aRqregate amount involved
no~ exceed SI0.~. including estimated
handlmp and f~ight chutes, overhead
and profit, the recipien~ may use sm~l]
pu~ase p~edutes.
Sma[; purchase procedures are
~et are sound and appn~priate fo~ a
o~cr property costing in the a~rugate
not more ~an
(a} Recipients shaE not d~vide a
thc doE~: llmitathm for compelil~e
{b~ RccipienL~ shall obtain price
n~ber of quailed sources.
Fo~l Adve~s~g
{a} ~e ~qui~ments in ~{ 33.~5
t~ 33.430 apply to aH focally
adver~sed =ube~ements in excess of
~0.~ Focal advertia~ means
public solicitation of sealed bids and ~e
award of a =uba~eement based on a
fixed p~ {lump s~. ~it price, or a
~mbina~on of ~e ~o} to ~e lowest.
responsive, responsible bidder.
~} Focal adve~is~ ~quites at a
{X) A ~mple~e. adequate and ~alistic
{2) Two or mom ms~ible biddem
~ ~ w~ ~d able Io ¢om~te
eff~fivelg for ~e m~pieare busi~;
(3} A p~ment
eu~m~t: ~d
(41 ~at ~e ~b~on of ~e an~
bidder ~ made pr~peHy on ~e
of p~ce,
bidding d~tcuments ma~. be obtained or
examined
The recipient must allow adequate
time between the date the public notice
is first published end the date by which
bids must be submitted.
Recipie:tt's bidding documents shall
include:
(a) A cemplete statemcr.~ of work to
be performeJ includ~ where
appropriate, design ~a~gs and
specifmotions and ~e required
~rformance schedule:
(b] The terms and con~ons of the
subagreemen~ ~o be awaked, including
pa~ent, delivery a~edules, poim of
delivery end accept~ce
tel A clear explanation of
p:cipient's method of biding and the
me~od o~ eva]ua!L~ bid pric~s, and i~s
basis and me~od for awa~iRg the
(dj Any other ~spons:b~lty
w~i~ the recipient will use
evaluating bidd~s:
{el Tbe pre~a~g
Bacon Act if appli~ble: and
[~ The deadlme and place ~o submit
bids and a copy o~ ~ ~. Subpa~s F
~d G ~d. if approff~ate. ~A Fo~
57~ "~bor S~dard ~ovisions for
Federally Assisted ~o~acls."
~ne ~pient ahab pubO~ o~n bids
at ~e place, d~te ~d l~e ~o~ced in
· e bid~ do~en~.
tn] The recipien~ sha~ t~aluate all
bids in ac~a~ce ~ ~e me~ods
~ud c~te~a in ~e bid~n~ do--eats.
(b~ ~he recipient sh~ award ~ fixed-
p~ce subag~emenl ~ ~ lowest
~sponsive, ~s~asible ~dder. Whe~
apo~fied m ~e biddi~ d~en~,
~pien~ shs~ ~nside: [ac~o~ such
~e ~sts to de~ ~e Iow bid.
Pa}~ &s~ ~y ~ used to
de~e ~e bw ~d ~y wh~ p~or
~at it generally a~p~ ~ &~ts.
{c} ~e ~plent may m~
o~y when it fins s~ ~m~d
~t~st of ~e p~m f~ which
M2 - 5 of 24
assistance is swarded (see § 33.2.~t
"Documentation"}.
Competitive Negotiation
{ 33.505 Competitive ~egotiation
procurement method.
(a) The requirements m § § 33.~J5
through 33.525 apply to all compctitiv(,)y
negotiated subugreements in excess of
(b) Recipients rosy use competitive
negotiation only if conditions are not
appropriate for the use of the formal
adverlising method of procuremenl {se~
§ aa.aOSl.
{a} The recipient must give adeqe;~u
public notice for compe:iuve|)
negotiated procuremer.:s.
{b} The notice of a te.~ues; for
proposals must state boss' to obtain
associated documents, including a co;'~
of § 33.295, Subparts F and G. the
for subagreement award, and. if
appropriate. EPA Form 5720-4 "Labor
Standard Provisions for Fede:aiJy
Assisted Contracts."
lc) Requests for propcsala must be
proposal contain all evaluation crite,~.=
and the relative importance attache,:.
each, and clearly state '-'~.e de:-' dime , :-~
p~ace to submit propos-:.ls.
(a} Recipients must ~orn,.[y
objectively evaluate all proposals
submitted in response to ',he request for
proposals.
{b} Recipients must base theLr
determinations of quahfind offerors and
acceptable proposals solely on the
evaluation c~teria stated i~ the reques!
for proposals.
§ 33.$z0 NegoUatkm sn~ ~wa~ at
(a} Unless the request for p;orosa!s
states that award may be based en
initial offers alone, the recipient taus'
conduct meaningful negotistions ss~:F
the best qualified offerors
acceptable proposals within the
competitive rauge, nad permit rex4s;or.s
to obtain best and final offers. The bes~
qualified offerors most have equal
opportunities to negotiate or mvlse their
proposals. During negotiations, the
recipient must not di~doee the Indenrit~
of competing offerors o~ any information
fi'om competing proposals-
{'o} The recipient must award the
subegreem~nt to the t~-sponsible offeror
whose proposal I~ dete~nined in writing
to be the most adv~tageous to the
recipient~ toldn8 into consideration
12932
Federal Regiatee / Vol. 48, No. ~0 / Monday. March 28. 1983 / Rules and Regulations
and other evaluation criteria set forth in
the request for proposal.
{cJ The recipient must promptly notify
unsuccessful offerors that their
proposals were rejected.
(d) The recipient must document its
procurement file to indicate how
proposals were evaluated, what factors
were used to determine the best
qualified oifemrs within the competitive
range, and what factors were used to
determine the subagreement award.
§ 33.525 Op~Mal solectlofl M'ocedur~ for
negoUattefl i~d awed of
Ia) The recipient may evaluate and
select an azchitect or engineer using the
procedures in this section in place of the
procedures in § 33.520. "Negotiation and
award of subagreements."
lb) The recipient may use either a
pmqualified list developed in
accordance w~th § 33.230{c} or
responses to requests for statement of
qualifications to determine the most
technically qualified architects or
un,nears.
{c} After selecting and rank. icg the
most qualified architects or engineers.
the recipient will request technical
proposals from those architects or
engineers and inform them of the
evaluation c~teria the recipient will use
to rank the proposals.
(d} The recipient shall then select and
determine, in writing, the best technical
proposal.
(e} After selecting the best proposal.
the recipient shall attempt to negotiate
fair and reasonable compensation with
that offeror.
{0 if the recipient and the offeror of
the best proposal cannot agree on the
amount of compensation, the recipient
shall formally terminate negotiatiuns
with that offeror. The recipient shall
then negotiate with the offeror with the
next best proposal. This process will
continue until the recipient reaches
agreement on compensation with an
offeror with an acceptable proposal.
Once the recipient terminates
negotiations with an offeror, the
recipient cannot go back and renegotiate
with that offeror.
Noncompetitive Negotiation
! 33.~ ~a negotte#o~
procuremm~
Recipients may use noncompetitive
negotiation to award · subngrnement if
the other three procurement methods ers
inappropriate because:
Ia} The item is available only from a
single source:
{b~ A public exigency or emergency
exists and the ttrgency for the
requirement will not permit a delay
incident to competitive pr~'urement:
Icl After solicitation from e number of
sources, compeUUun is inadequate: or
{d} The I~A award official authorizes
noncompetitive negotiation, subject to
the limJintiun in J 33.~lS(a)(ZJ.
§ 33.70S A~o4fcabfllty and ~¢)~e of
sut)gicL
Recipients of assistance
awarded under 40 ~ Part 35. Suhports
E ~d ! must comply with the following
requirements.
§ 33.710 Bt~y Amer~.nn.
Section 215 of the Clean Vv'ater Act
mqu~es that contractors give preference
For the use of domestic mater~al in the
construction of EPA funded '~'eatment
works.
(a) Contractors must use domestic
construction material in preference to
nondomestin material if it is priced no
mom than 8 percent higher than the bid
or offered price of the noodomestic
material, including all costs of de|ivery
to the construction site and any
apphcahle duty. whether or
assessed. The recipient will normally
costs in effect on the date of opening of
bids or proposals.
{b) The awarcl official may waive the
Buy American provision based upon
factors be considers rolevant, including:
(]1 Such use is not in the puhlin
interest:
{~} The cost is unreasonable:
{3) The Agency's available resources
are not sufficient to implement the
p.'ovisinn, subject to the Deputy
^dministrator's concurrence:
(4} The articles, materia!s or supplies
of the class or kind to be used or the
articles, materials or supplies [rom
which they are manufactured am not
mined, produced or manufactured in the
United States in sufficient and
reuscnably available commercial
quantities or satisfactory quality for the
par'dcolar project: or
{$} Application of this provision is
contrary to mul~atersl government
procurement ngzeements, subject to the
Deputy Administrator's concurrence.
{c) All bidcll~ documents.
suba~eements, and. if appropriate.
requests for proposals must contain the
"Buy American" provision in J 33.1030.
§33,715
engln~ du,-tag co,~U, uctlo~
(nj if the recipient is eatisified with
the qualifications and performance of
M2 - 6 of 24
the architect or engineer who provided
any or all of the facilities plarmin8 or
desigo services for the project and
wishes to retain that firm or thdlvidual
during construction of the project. It may
do so without h~rther public notice and
evalutinn of qualificetions, provided:
(l) The recipient received a facilities
planning (Step l) or design ~ant (Step
2), and selected the architect or en~neer
in accordance with EPA's procurement
regulations in effect when EPA awarded
the grant; or
{2} The award official approves
noncompetitive procurement under
§ 33.605(d) for masons other than simply
using the same individual or firm that
provided facilities planning or design
services for the project; or
(3} The recipient attests that:
(i! The initial request for proposals
clearly stated the possibility that the
firm or individual selected could be
awarded a subagzeement for services
during construction; and
{ii} The firm or individual was
selected for facilities planing or design
services in accordance with procedures
in:
{A] Section 33.230 "Competition,"and
{8) Section 33.ZSO{a}(1). (nj(Z) & {a)[3),
and (b} "Documentation." and one of the
following:
{C} Section 33.305 through
"Small Purch~ises." or
[D} Section 33.405 through 33.430
"Formal ^dvertising:"ur
IE] Section 33.505 through 3~.$7.5
"Competitive Negotiation."
{iii} No erapioyee, officer or agent of
the recipient, any member of their
immediate familiee, or their partners
have financial or other interest in the
firm selected for award; and
lie} None of the reclpient's officers.
employees or agents solicited or
accepted gratuities, favors or anything
of monetary value from contractors or
other parties to subagreements.
(b) However. if the recipient uses the
procedures in paragraph {u] to retain an
architect or engineer, any Step a
subagreements between the architect or
engineer and the recipient must meet all
of the other procurement provisione in
this part.
t 33.80S A4~bdlJty nfld oco~ of thl~
sub~lr~
Recipients who e~ subject to the
pm~sions of O~ O~ar A-Il0.
"Grants end ~ments ~
Institutions of Hi~er ~ucetio~
Hospitals. ,nd O~er Nonp~fit
Fednral Rogister / Vol. 4a. No. 00 / Monday, Murch 2ii. 1983 / Rules and Regulations 12933
Organizations" ·re not subject to all of fLsu~per~ E---Requirements for ~
the requirements in this peri. ~Reclpienta of Remedial Action ~
~Cooperetive Agreementa Under the ~
§ 33.110 No,applicable lubag~eemenl ~Comprehenalve Environmental &
claules. ~ Response. Compensation, end Liability ~
The following clauses in Suhpart F of ~ct of t980 __ ~
this part do not apply to institutions of § 33.905 Applicability and scope of Ibis
higher education and other nonprnfil
organizaUon~:
(a) Energy efficiency {§ 33.10z4};
lb) Changes (§ 33.1030.3};
(c} Differing site conditions
(§ 33.1030.4); and
(dj Price reduction for defective cost
or pricing data (§ 33.1030.8).
do not apply to institutions of higher
education and other nonprofit
organizations:
{al Subparts C and E:
(b} Sections 33.405 through 33.430
"Formal advertising:"
· . [c) Sections 33.505 through 33325
[dj Section 33.605 "Noncompetitive
negotiation" (see § 33.820(b11:
(el The requirement in § 33.:'70(al
"Code of conduct" to have a written
code of conduct:
(0 The provisions of § 33.240 "$ma~.
minority, women's, a~d labor surplu.<
(al The requirements in ~§ 33.g10
through 33,915 ·pply only to remedial
actions which EPA funds as part of a
cooperative agreement under the
Comprehensive Environmental
Response. Compensation. and Liabili,'y
Afl of 1980 (Superfund).
lb) Studies. investigations, or
engineering activities which precede a
remedial action activity are not subject
to the requirements in § § 33.910 through
S3 915. but are subject to the
requireme:~ts in Subparts A. B. F and G
of this part.
§ 33~910 Prefere~c~ fo~ I~
If a recipient wants to use a
procurement method other than formal
advertising, it must receive the EPA
award official's conc~rence with the
§ 33.915 Award officLal ap~'ova~
The award ofcial shall approve the
recipJent's use of a procurement method
o~e~ than formal salve:rising only after
tke recipient has completed plann~g
remedial actJ,.~ties and selected a cost-
e,'Tecti ye alternative.
area businesses" which'
[1} E~courage the award of a fair ~.~part
share of contracts to women's and la~:--
surplus area businesses;
(2) Require the specifzc affirmative
action steps in J 1~3.240(a){1} through
{a}(6); however, nonprofit orgauizatinas
am required to m~ke positive efforts to
use small businesses and minority
owned businesses as suurees of supp~2e~
and services;
(SJ Subpart G "Protests."
(a) Recipients must exclude
contractors that develop or draft
apecfficatinns, requirements, statements
of work, invitation for bids. or requests
for proposals from compe~'~g for awL-~L~
resultfmg ~om the I~ot e~ort.
(bi For all proposed sole source
subagmements and where only one bid
or proposal bs renelved, the mcipien!
must request the award official's prior
approval to award the subagr~ement if
the abnegate expendituro ia expected to
exceed $10,0o0.
F--Subageeement Provlsion~
§ 33.10o5 Applicability and mope of this
(a) This subpart ·pplies tq all EPA
recipients and describes the minimum
content of each subag~ement (contract
and subcontract].
lb) Nothing in this subpart prohibits a
'rec-~pient from requiring more
assurances, guarantees, or indemnity or
other contractural requirements from
~ny party to · subagreement.
§ 33.1010 RequtremerRs ~ eaba~.~me~t
Recipients shall include clauses that
meet the requirements of [ § ~3.1015
ii.ouch 33.10Z1. e, lld the appropriate
clauses in § ~.1030. in each
procurement aubagroement.
§ ~.~OlS ~ ~
Each aubagroement must include
provisions definin8 · sound end
complete agreement, includio8 the:
ga} Nature, scope, and extent of work
to be performed;
lb} Timeframe for performance;
(c) Total cost of the subagreemem:
and
(dj Paymer.! provisions.
Recipients shall incl,de a copy o1'
Form 5720-4 "Labor Standards
Provisions for Federally Assisted
Construction Contracts" in each
subasreemect for construction {as
defined by the Secretary of Labor].
form contains the Davis-Bacon Act
requirements {40 U.S,C. Z76a--276a-TJ:
the Copeland Regulations {29 CFR Part
3}; the Contracl Work Hours and
Standards Act-Overtime
Compensation (940 U.S.C. 327-333) and
the nondiscrimination provisions in
Executive Order 11246, as amended
subagreements, all subagreements she!!
include notice of EPA requirements and
regulations pertaining to reporting and
involving research, developmental,
invention which azises or is developed
in the conduct of work under a
subagreement This notice shall also
include EPA requirements and
regulations pertaLnin8 to copyrights and
rights in data contained in 40 CFR Peri
30.
Subagreements in excess of $100.000
shall contain a provision which requires
contractor compliance with all
applicable standards, orders or
requirements issued under Section 306
of the Clean Air Act (42 U.S.C. 1857(h)}.
Section SOS of the Clean Water Act {33
U.S.C. l~a}. Executive Order 11;38, and
EPA l~ulatious (40 CFR Part 15] which
prohibit the asa under nonexempt
Federal contracts, 8rants or loans of
[acihties included on the EPA List of
Violating Facilities.
§ :~,q. lO~l ~ ai'tl~e~'
Subngreements shall comply with
mandatory standards and policies on
energy efcieacy contained in the
State's energy conservation plan issued
in complianor with the Energy Policy
and Couservation Act (Pub. L. 94-1631.
Recipients must include, when
appropriate, the followin8 clauses or
their equlvaleot in aacb snbasreement.
Recipients may substitute other terms
for "recipient and" "contractor" in their
M2 7 of 24
L
Federal Register / Vol. 48. No. 80 / Monday, March za, 1983 / ~ules and Regulationg
t2934
1. 5upers~.doa
The recipient and the contractor a~ree thai
th/, and other appropriate clau,ea in 40 CFR
33.1030 apply lo thai work e~i~thla for EPA.
as.iatence to be performed under this
suba~reement and that thais clause
supersede any c~nflJcting provJ.ions of
Z. P~vtty of Suhepm~neaf -
This subasr~emeat is expected to be
~ded in part with [a~ls Eom the U.S.
F. flvironmental Protection A~ency. Neither
the United States nor any of ilo depL-tments.
agencies or employees is. or will be. a party.
subngreement. This suba~eemeat is subject
to re~lations contained in 40 CFR Part 33 itt
effect on the date of the assistance award/or
this project.
3. Chaoge~
(o] The lo/low/ny clause appl/ea only to
subagreements /or construction. { t I The
recipient may at any ~me, without no~Jce to
any surety, by w~tten order designated or
indicated to be · change order, make any
change in the work within the general sco~e
of the subagreement, including but not limited
to changes:
Jil in the specification. {includir. g drawings
and designs J:
(iii In the time. method or mam~er
performance of the wor~
(iii} in the recipient-furnished facibties.
{iv) Directing acceleration in the
Fe~ormance of the wor~-
(Z] A change order shell also be any other
written order {including direction, instruction.
interpretaL[on or determinationl from ',he
recipient which causes any Change. provided
source of the order and that the contractor
regards the order ss a Change order.
[3] Except as provided in this clause, no
order, stalement or conduct of the recipient
shall be treated as a change under this clause
or entitle the con~xactor to aa equitable
adjustment.
(4) ff any change under thin clause causes
c.~$t or the time requital to perform any purl
of the work under thin contract, whether or
not changed by any order, the recipient
make an equitable ediu$1ment and modify the
,ubagreement in v~Ttftng. Except for claims
based on defective speclficatior~ no claim
for any change under p&rngtaph [alJ:l above
shall be a~lowed for any costs incurred more
thJn ~o days before the contractor
wr,!ten notice as required in parap-aph
In the case of defective speclficatinna for
which the r~Jpient is responsible, the
equitable adiustment shell include thy
increased cost the coutractor reasonably
incurred in attempting to comply with those
defective specifications.
(Si If the contractor intends to as~efl ·
claim lot an equitable adjustment ufldsr this
clause, he must. within 30 days alter re~eipt
of a written change order undm' paragraph la)
(1) o~ the furnishing of a whiten notice under
paraSraph (al (2)..ubmit a ~tten statement
nat~ and moflete~ extent of .u~ ~in~
~e ~ipient may extefl~e
~e cofl~lctof may ~dude the statement
claim ~ ~e no~ ~der pera~eph
tO) No delta by ~e ~n~ctor for
equitebb odjus~ent sbeU ~ aftow~
made ,~er Fm~ pe~eflt ~der
sube~menL
(bJ ~e ~o/Iowi~ clause applie~ only
may at any t~e. by ~tten order make
Chapel ~thin ~e general ~ of
lubngmement ~ the le~cel or
euba~eemenL whaler or not ~a~ed by
any o~er. the recipient ihaft make
equitable adjus~ent ~d modi~
(ZI No settees for whi~ the con~a~or
w/l/cha~e aa additional compensation shall
be [~ished ~thout ~e ~tten
Icl TAn [o//owi~ clause applies only to
subo~r~ments/or ~,pp/ies. {Ii ~e ~ipient
general sco~ o/this suba~ement in any
one or mom of the [o[iowir~:
/ii Drama. desi~3 or s~ci~cattons
whe~ ~e suppUea to be ~ished are
specific~ly manufact~ed for the re~pien~
(ii] Me~ o/shipmenLor packin~ and
[iii} ~a~ of debve~,
[z] Easy ~a~e ~u~s an increase or
~Eo~ any pa~ oF the work ~der thil
suba~emenL whether or not chan8~ by
any su~ o~er. ~e ~pient
~intlble adj~tment ~ ~e
a~eement pd~ or delive~ s~edule, or
and mo~ ~e lube~emeat
con,actor mull as~ any ~aim
adjustment ~det ~is ~ause wi~in 30 dayl
recipient d~idel that the/acts justify
before final pa)~ent ~der this
~a~ il indud~ ~ the contractor's cla~
/or adjul~ent, the mclpinnt has tbs H~ht to
p~ ~e maker o/diaposi~on of lu~
pm~y. No~in~ in thil clause shall excu~
· e coa~l~ ~m p~in8 with the
euba~ment al
4. ~nl Site
co~stmK'tien sure,meAts.
cofltract(w shaft promptly, and before
conditio~ are disturbed, notify the
iff writing o[:
(Ii Subs~a~ or latent phya~n~
at ~e site diffefl~ matedeUy ~m tho~
indicet~ in ~i, .ube~menL or
(2 U~o~ physical ~ndi~o~ st ~
,its. of eft ~usual nat~. ~ff~ mat~ly
~m ~ o~nardy en~te~ and
8ene~fty ~ as ~e~ h wo~
au~m~L
(b) ~e ~pinnt shaft p~mp~y inves~te
· e ~fl~tinM. If it finds that ~a~tiona
matedafty diff~ arid wi~ ~use H in~ea~
under this suhe~men~ whaler or not
chewed aa a result of su~ ~n~tions. ~e
~pieflt ,haft make an ~ta~e adjus~em
add m~ ~e sube~ment b
. (cJ No claim of ~e ~n~a~m .~der ~
clau~ shall ~ allow~ unless ~e con~a~or
has ~ven ~e notice ~quimd in paragraph
extend the time pm~ ~ p~a~aph ~a).
(dj No claim by the con,actor for afl
~uiloble adjuntment shall be a~owed E
esse~ after final payment under this
S. Sus~i~ of W~
TAn foZ/~'in~ clause applies ~.~]y to
const~ction su~menls. {al ~e r~ir~ent
susan& delay at inle~pt a~ ~= any pa~ of
the wo~ for such peH~ o/lime as ~e
recipient may deter/ne to be appropn~:e for
· e convenience o/the tecipie~L
~] If h~e pe~o~ance of a~ or ~y pa= of
the wo~ is suspeod~ delayed or
inte~pt~ for an u~asonab[e period of
time by an a~ of the r~ipient in
a~inis~a~on of this suba~ement, or
· e ~ipienl's fail~ to act wi~m the ~me
. s~fi~ in ~is sube~ement {at it no t~=e
is s~ifi~, within a reasonable Rme}. t~e
recipi~t shah make an adjustmen~ for any
in~a~ ~ ~e ~st of pe~o~ o/~
subtract [exdu~ pmfi~]
cau~ ~ su~ ~a~nable s~nsin~
delay at [nte~ptinn nad m~' ~e con.ct
made under this da~e for any suspens~o~
delayed er [steepled by any c::~et
including ~e fault or negligence of the
contractor, or [2]/or whi~ ~ equitable
adicstment is pro~ded for or exc~ud~ under
~c} No claim under this clause shaft be
allow~ {1]/or any costs incun~ mom
scl involv~ [~a mqui~meM d~s ~t a~ly
to · claim ~s~t~ f~ a sus~nsinn o~L
aDd {2} unless ~ ~o~t ~a~ed is
in w~ti~ as ~ as p~i~ble aRer ~e
t~inaft~ ~ s~ s~sio~ delay or
final payment u~ t~ subagmernest.
M2 - 8 of 24
Feder,I Register ! Vol. 48. No. ~0 ! Monday. March 28. 1983 ! Rules and Regulations 12935
O. Tormine0oa
(ii This luhasrcement may be
pl~ Ii Wen [11 esl less ~ln ten (lOJ
~ndmr days' ~l~en noli~ (dellve~d by
~ mail. ~ ~1~ ~s~J
{c) ff te~ine~on for default Is effected
~ made. but {1} no amo~t shall ~ allowed
~r pera~apho {a} or {bi a~ve. ~e
~n~a~ ah·Il [1) ~fly ~s~n~ue
~;ed work {~ess ~e noH~
o~,e), and {Z} ~liver ~ o~se ma~e
av~lable to ~e ~pient ~ ~ta.
may have ~en a~ated by
~e~er ~mpleted or ~ p~ss.
(el U~n [e~i~flon under para,apes
~ ~} a~ve. ~e ~pient may toke over
w~ and mEy awa~ answer ~
(~ ~. ·her te~t~a for fiU~ of
fated to ~ ~n~c~al obUgaUo~.
~aUon s~ ~ d~m~ to have ~en for
h ~nve~e~ ~ ~e ~pienL ~ su~
uv~k adjus~ent of ~e ~t
s~ ~ made as ~ded h M~aph (c] of
~ ~u~.
gu~men~ ill ~8~.
~tes ind o~er ~fl~ ~ qu~on
arising out of. or relating Ia. this
suhagreemcnt or the breach orr wit be
decided by arbitratinn it the parties mutually
agree, or in · co.ri of competent Jurisdiction
within the Slate in which the recipient ia
located.
t price Reduction for Detective Coat or
pfldn~ Data
[Note.--T/~e /o//awiflg c./auJe ap#i/es
nay eubOg~ment ne.~o~ated
A.c./pient nnd i~ conA"~ctag' i~ exc'~$.~ of
St~.tFO; (21 n~gotiated
emendment~ or change o~e~ in
~.~ affecting [~e price of [o~olly
odve~i~e~ com~JtireIy o~ed. /axed
pr~ su~gr~menC or I~] ~.~Y lower tier
~u~g~.m~nt or pu~Ac~ o.~er in excess o~
~.~ under o subog~e.~e~t
[o~ally ndve~[sed. ~m~t::ively
fixed price ~ub~eme~t T.~;~ cJau~e does
not ~ply ~ subag~emccts o~'o~ on
~sis o~ e~ectire price
(a} ~e ~n~actor and su~n~actot.
pHc~ data submitted for evaluation
and complete data supposed by L~e~ books
and mco~s. ~ ~e mdpient ot ~A
datelines ~at ~y pd~ (mdu~
negotiated in connec~on ~
nmen~ent ~em~der was ~ased by
sigificant sums because ~e ~ta pro~ded
cost or p~t shah be re::ce: ac~r~gly
end ~e recipient sheU ~*~*
(b} Faille to a~ee o~ a ~:ction shall be
subject to ~e remedies da~e at ~s
[Note.~i~ ~e ~u~.~tent is tub/ecl
def~Hve cost or prict~ data tubmitteE
~ coB~ctor ~oy wi$3 ~ i~cl~e o cla~e
~wer tier su~.~tmcto~ ~ n~p~p~otely
~i~ ~e co.~c~r. It ~ o/so ex~cted
su~ntial/y similar indem~i~tion for
def~Uve cost or pric'in~ data fubmitr~ by
lower ~r
(al ~e ~n~nctor sha~ m~ b~ks,
~recfly perUnenl to ~ffo~nce on
~ded wo~ ~der ~is ~b~emenl
a~ p~clples and
eE~ en ~e ~ of e~ of
~ nngohtod ,ub~m~t
e~ a ~py of ~e ~,~ s,~q~ ,u~t~ed to
Comptroller General of the United Stales. the
United Stales Department of Labor. the
redplent end {the Ststel or any of their
authorized representatives shell have access
lo ell such haok~, recard~, docameflta and
other evidence for the purpose of inspection
audit and copying during normal business
hours. The con~..ector will provide prope~
fadlltles for such access end inspection.
{b) If ddt is · formally adve. rt~.d.
competitively awarded. ~u~ed phc·
suhagteemenL th· ~en~cto~ agrees to make
paragraphs [al throu~ (gl of tl'~s clause
applicable to all negotiated change orders
end sub·gte·meal amendments affec~L~g thc
subagreement phc·. In the case of all other
types of prime ash·gte·meats, the con~acto~
· grees to make paragrnphs [al du'ough (gl
applicable to all subngteements he awards in
excess of $10.000. at ~y tier. and to make
paragraphs {a} through (g} of this clause
applicable to all change orders
related to project peEormance.
(c} Audits conducted under this provision
sh~ll be in accordance with generally
accepted audits8 stand~rds ~nd vdth
est·bUshed pmcedurse and g~ldeUnes of the
reviewing or audit agency(les}.
{d} The con~ctor agrees to disclose
bd'ormsfion and repo~s resulting f~m access
m ~ecords u~det per, graphs {a] ~nd {b} of
this clause to any o! the ngenc~es referred
in paragraph {a].
[el Records under paragraphs {a}
above shall be maintained by the con,actor
during performance on EPA assisted work
under this suba~'eement-snd fo.' O:e tLme
periods speci~ed m 40 ~ Fe~ 30. In
addition, those records whtCb relate to any
con~'ovemy artsi.'~ under an EPA assistance
ag~eemenL trig·tiaa, the serde~ent of
~bin~ out of such perfof~nance of to costs or
items to w)'dch an eucUt exception has been
taken s~ell be mainta~ed by the con,eclat
fat the Umc periods specified in 40 CFR
~0.
[0 A~ess to records is not U~ted to the
requlrod ret·eton periods. The authorized
representatives des~.~-"~ated in p~'a~'aph (a)
of t~s c/·u~e shall have access to records et
any reasonable Ume fat as Ion~ as the
records ~'e maintained.
(gl This r~ht of access clause appUes to
finonChil records perttifll~ tO ~ll
suhaL,'eemems (except formally adver~sed.
compatitivel¥ swa~ed, fixed p~ce
suhagreements} end ell suha~'~-ement change
orders reaardless of the t~ of
subagreement, and all suhagreement
tmendmems reaardiess of the ~.'pe of
suhagreemenC I~ addison ~ r~.~t of access
applies to ell records parlor-in__ to all
sub·ar·emerita, sub~eement cha~e orde~
m~d suha~eement ~mendmentt:
(1] To the extent the eeennis par~':n
directly to ~ub~z~ement perlonn~ce;
la) If there is any indication that fraud.
gross abuse cc ~m"~pt I~aCfiCe~ may be
{3} If the auha[r~n~nt le tmmbsated for
default cc for coavenlence.
10. Covenm~ Apln~ ~ roe~
The coG~I~toc isetlr~8 bt no person or
~Uto[ ~ has been ~nployed or retained
M2 - 9 of 24
12936 F,daral R~gi·ter / Vol. 4~, Ho. tis / Monday. March 26. 19~3 / Rules and Regulations
a~reemeat wi·hoot IlabRity ac. ·t its
discredon* to dedud front the c°~t~ct M4°t dra wi·p, designs, speCifics?ns., repot ts and
or coflsiderutJoo. ~ othe~'vflse mco~w the full incidental work or materitb hmiehed
amount M such commiMIon, per~en~ he~.undor shah not in ·ny way relieve the
brokerage or contingent fe~. con·rector or reiponaibill~ for the tecJmlcal
I I. GratuJtless idequncy of hie wm~. Neither the owner's
(a] If the t~:~pieot finds after · notice and
heer~ that the contractor or any of
or gave 8~ub~tie" (in dM b d
iota·al·meat. ~ or odM~se) in any
award~n& lmandin~ or maki~ ant --
puf3ue othe~ ~,ht~ and remedies d~t the
bases such 5.:~flp _.hah be in issue and may
Ih] lo the event this sube~reemeot is
t et~ni~.a!ed ,is pro',~ded i~ ptre~'sph (.), the
fl3e evem of · breach of the sube~eemeot by
damages in an mount las determined by dM
recipiemJ v. b~ch shah be not less thaA thine
t=. guy Ame~can
scbngr~e ~e~ts aa~'d u~ter 40 CFR Pa~ 35
Subpot~.~ £ c~d L In accordance with sec~on
seq.} and implementing EPA t~lation~, dM
(a) F~e .~:;Io.'ing =./cute appl;~ only to
sobogreemea~ [or sem%*e~ {Il The
quality, technical accutec?, ttme4y
compbtio~ and coordlnatina of all design~
drawings, spectllcatimu, repoflf and otbr
ser~tces fur~ished b~ dM co~tractor under
nor EPA's ~%-view. apim)v~l acceptsAce or applicable I~rformance and payment
p~yment for any of dM ~ervioe~ shah be
conltruad as · wtiver of ~my r~hts ander this
out of dM pedorman~e of this .ubagreemen~
(4] The cootmctor .hah be. end .hah
remain, fi·Me in accordance with applicable
law f~ ,.0 damages to the owner or EPA
performance of any of the services furnished
projecl caused by circumstances beyond the
{5} The contractor's obi·gel·oas under this
have aaa·nj· dM c~n~ator for faulty
(bi The follo~flg clause applie~ oflly to
subogmements for co~sffuction. {~} The
this sub·ar·em·ilL in accordance with this
of at bast one Ill year from the date of
subeinntiul completion of the v~rk that the
comiC·tod work is free from all defects due to
faulty mot·dab, equipment er workmanslflp
and that he shaft p~mptly in·k· whatever
adjustments or cort~cfione which may be
nec·rs·fy to cure any defects, i~cludl~..
~ The performance bond shall remain
iA full force and effect throuah the ~uarantee
pedod.
(3! Tbs contractor's obligations under this
other exT~mH or implied assurances uAdor
performed u~der thil luba~men~, al ·
g 33.tt0s App~,m~ and eco~ ot .u~
tubi~t.
This subpa~ sets fo~ ~A's
a~inis~afive p~ess for ~e rapid
resolution of protest ·ppe·ls filed ~
~e awa~ officiaL
g33.~10 ~t~t~
{al ge~plents m~t establish ~e~
o~ process for prompt
considerahon of ~ protests
conce~ir~ ~e~ solicitatio~ or con~t
awa~s. A "protest" ~ a ~tten
complaint conce~ ~e ~ipient's
solicita~en or aw~ of a suba~ement.
It must be filed ~ ~e recipient by a
pa~y ~ · ~ect ~n~ ~terest
adve~ely eff~ted by a recipient's
pro--em·ut'action {see J 33.11~
"Review of protest eppeal"}.
{b) ~e reap·eat should ~ew ea~
protest ~ceived to dete~e whaler it
is appmp~ate to defer ~e protested
p~ement nctio~
(c} ff ~e recipient does not defer ~e
~ment actio~ it ass~es ~e ~sk
et ~e awa~ offi~ may &sallow ~e
~st of ~e pmt~t~ p~ment a~on
if ~e p~test appe~ is upheld,
~ 3x~l~s ~te8t a~aL
{~) A party wi~ a financi~ ~te~st
whi~ is adve~ely affected by ~e
recipient's decision on ~e initial pm·est
may ~e n "protest appe&" ~ ~e
awa~ official.
{b) A "protest appeal" is a ~ttefl
cvmplalnt filed Mth ~e award official
reg~ ~e recipient's deter·rio·
of a pm·esL
{e) ~e aw~ 0~ shO not a~pt
a p~test aped until ~e pm·ester has
e~a~ted aH a~inis~a~ve ~medies at
the m~ient level.
(bi A p~test appeal is limited to ~e
follow~
(1} Issues a~si~ ~der the
p~meflt previa·offs of this Pa~ or
M2 - 10 of 24
Federal Ragistar / Vol. 46. No. 60 / Monday. March 26. 1983 / RaTes and RegC tions 12937
(2} Alleged violations of State or local
law or ordinances where the award
official determines thai the~e is an
overriding Federal requirement.
(c) A tecipien! ora lower tier
subaareement (subcontract) ma!,' only
file a protest appeal for issues which
relate to the award of a subegreement
by a contractor (see § 33.295
"Subagreements awarded by a
contractor").
§33.1125 Filing requtrementL
(e) Protest appeals must be. fi]ed with
the Assistant General Counsel for
Grants for Headquarters'-awarded
assistance agrecmet~ts and with the
Office of Regional Counsel for regionally
awarded assistance agreements
(b) A protest sppea~ must:
(1) Be written:
(2) Include a copy of thc recipient*s
determination of the protest;
{3) State the basis for the appeal: and
(4) Request a determination under this
subpart.
(c) Upon filing a protest appeal with
the Regional Gounsel or Assistant
General Counsel for Grants. as
appropriate, the part.,.' filing the protest
appeal must concurrently n,unsmit a
copy of all protest documents and any
attachments to all other parties with a
direct financial interest which mai,' be
adversely affected by the determination
of the protest appeal.
{d} The award official will only
consider written protest appeals
received by the appropriate Counsel's
office within seven calendar days after
the adversely affected party receives the
recipient's determination of protest.
However, the adversely affected party
can meet the seven-day notice
'requirement by telegraphing the Counsel
within the seven-calendar-day period of
its intent to file a protest appeal,
provided the adversely affected party
submits a complete protest appeal
within seven calendar days of the date it
sends the telegram. If the seventh day
falls on a Saturday. Sunday or holiday,
the next working day shaU be the last
day to submit a protest appeal.
{e] ,amy party which submits a
document to the award official during
the course of a protest appeal must
simuJtaneously furnish all other affected
parties with a copy of the document.
133.1130 Review of protest .pp4M.
(nj ff the recipient does not ~eceJve the
initial protest before bid opunlng or the
closing date for recafpt of proposals, the
award official may dismiss aa untimely
a.ny protest appeal based upon alleged
improprieties in the solicitation which
were clearly apparent before bid
opening or before the deadline for
receipt of initial proposals, in negotiated
procurements, protests of alleged
improprieties which were incorporated
in a new solicitation must have been
received by the recipient by the closing
date for receipt of proposals for the new
solicitation.
lb} In cases not involving
Impropriet es in the sclicitation, the
award official may d~smio8 as untimely
e protest appeal if the adversely
affected party did not file the initial
protest with the recipient within seven
calendar days of the date the basis for
the protest was known or should have
been known, whichever is earlier.
933.1140 De ferrM o f procurement action-
When the award official receives a
protest appeal and the recipient has not
deferred the procurement action under
§ 33.1110(b}. the award official must
promptly request that the recipient defer
the protested procurement action until
the award official notifies the recipient
of the formal or informal resolution of
the appeal. The request shall be limited
to the award of the subagreement or
sub§tern which is the basis of the protest
appeal.
(f) The award official shall review th<.
record considered by ~e recipient and
an)' other documents or arguments
presented by the parties to deh'rminc
whether the recipient has complied
the procurement requirements of thi.-
part and has s rational basis for its
determination of protest.
(8) Tbs award official's determination
shaU coast§lute final EPA action from
which there shall be no further
admlnistraUve appeal. No part)' mai'
appeal an sward official*s determination,
of appeal to the £PA Board of
Assistance Appeals
{h) Nothing in this subpart
the sward official from reviewing the
tee§plant's !~,"ocuremen! action {Sec
§ 3~.i,15 }
fi} Noncor. rliaace wiLh the awa:d
official's dele:minutiae: of protest
be cause for an action against the
recipient ur, de: 40 ~ Part ~0 or :32
(j} II un appeal involves legal issues
not explicidy addressed by this part. the
award official shaU resolve the issue bi,'
refereed to other protest determ':nat!~n-~
under this se:don an~ decisions of
Comptroller General of the United
States or of the Federal courts
addressing Federal requirements
_ § 33.1t45 Award offlclars review, comparable to procurement
[a} The award official may establish requlreme~
rules of procedures ur dentil§nas for the A/~'~12~.lxlix A --pmcedui'al K equil~me o t ~ f ~
submission of materials or the [ ~)i-euts ~ ='bo Do Not Certi~ Tl~b --
arrangement of protest appeal t ~a~mem Systems, or Io~ R~cipie,,s
conlerencas. . [ Have Taei~ P~cu~ment
(bi The award official may sumr~,.anly ·
dismiss un appeal without proceecungs {a} The lolls, iai procedu.-sl require.meaL
under this subpart if:
(1) The protest appeal is not
reviewable, see § 33.1130, or addresses
issues other than thnsp allowed under
§ 33.1120(b): ·
(2) The protester substantially fails to
comply with the procedural
requirements of this subpart: or
{3} The protester does not agree to the
recipient'a request for a reasonable
extension of the bid and bond period.
(c) The award official may summarily
deny a protest appeal'without
proceedings under thin subpart if, after
considering the facts in a light most
favorable to the protester, the award
official believes that the protest lacks
merit.
{d} The award official will give both
the t~dplunt and the protester, as weII
as uny other patty with a financial
interest which may be adversely.
affected by the datennination o! protest.
un opportunlt~ to present ersumunts in
support of their views in w~itlng or at 8
conference.
(e) Aher the announced date for
receipt of written ariuments, the ~curd
shall be closed.
(1) Do not ~e:'d~ to EPA that their
revoked by t~e award official as stated
i ~.t tsCoJ.
{bI Those ~-ciplents must comply wffh the
IlITo cae?) with 1 33.Z.SO.
(il To cor-.I~ly with J 2.1.Z90. "Cost and
Subqree~nts Under U~- EPA GrtnuC' or
In nnother format which provide~ information
similar to tl~t requleed by EPA Fm'm 5700-4r
IS) To comply with § ~1.415, ~ faf
peepa~ bids.' the recipient must allow st
k~st M da~ between ~e date v/sen it lite',
~ the I~blic nodce and the date by
wbid~ b~ds m,~t be subudned.
~41 To eom~,/wtth § ~3.41L "Public nonc~
peblish Ihs uo~ce lo p~fessioual
M2 - 11 of 24
Federel Re~ister ! Vol. 48. No. ~0 / Monday. March 28, 198~ / Rules aJ~d R~gulatiou
newsp.perL m' publ~c, flo~ ~d
30 d~y. b~(oc~ bid ~
~ nofl~,' ~ ~ent mum pub~sh ~
~a~nable ~d ~ at I~ ~ ~ys ~fo~
~pi~t rosy a~ ~s~ p~ notices or
M2 - 12 of 24
U.S. ENVIRONHENTA~ PROTECTION AGENCY
C.~.'r.z~z..C.~_T. CO.,___.~..,,pn__EA R__E.~A_ROIN0 ~QU.A~. r~rI~ENr OPPORTU,I~
Name of Bidder
Project No.
INSTRUCTIONS
This certification is required pursuant to Executive Order 112&6, Part II,
Section 203(b), (30 F.R. 12319-25). Each bidder is.required to state in his
bid whether he has participated in any previous contract or subcontract sub-
Ject to the equal opportunity clause; and, if so, ~ahether he has filed all
compliance reports due under applicable filing requirements.
Address:
1.
CONTRACTOR'S CERTIFICATION
Bidder has participated in a previous contract or subcontract subject to
the Equal Opportunity Clause. YES NO
Compliance reports were required to be filed in connection with such
contract or subcontract. YES NO
If YES, state what reports were filed and with what agency.
3." Bidder has filed all compliance reports due under applicable instructions,
including SF-iO0. YES NO
If answer to item 3 is "NO", please explain in detail on reverse side of
this certification.
Certification - The tn formation above is true and complete to the best of my
knowledge and belief. A willfully false statement is punishable by law.
(U.S. Code, Title 18, Section 1001).
(NAHE AND TITLE OF SIGNER - PLEASE TYPE)
(SIGNATURE)
(DATE)
(Rev. 5/7/75) lvi2 - 13 o£ 24 (EPA, Region II, 2/24/75)
h~:~ YORI~ S1,
DI'PAI:'I~.-~I.'T OF I::.:VII:O:~..~:NI'AL
DIVISION OF I'1:141. %.:AI~P,S
BUI~I;U OF SEI4;,(.i: PBOGI~\)IS
Performance Bond p. cq,lremen~s For
Water Quality ].,~pruvement Project Constrtlction Contracts
Chapter 617 of the l.a~s o~ t:c'~ York State for 197~ requires that, *'l..~enevcr a
secur(~ty bond is posted by a successful bi~der for the faithful perforoanc~
a ~nicil~t project, ~or ~,hich sc=ce aid is approved, ~he n=me znd ~ddress
the bondi:n~ c~p=nY or ~rson issuing thc. security hgnd, the number of such
bond, and such other iafo~cion as may be required by the State.
or aEet~c)' responsible ~or sup~rvisinB the aid prozr~tn regard~n~ the project',
~halt bc ~t'ansmi~ted co such tk-parCmenC or ~gency ~:hc-re i~ shall be rcvic.~d
to dete~ne its authenticity l~ri. or co a~ard o~ such contract."
In order ~o carry ou~ cbc provis. Lons of ibis ~ and ~,~ic State rev~c~
Perforn.~nce Bond ]nfor=~cion prior co Lh~ ~-ard o~ thc contract ic is necc~:.~ry
chat'the speciE~caCio:ts for all Uacer Qu~iLy 1~pro~.emenc Project Construction
Con~racLs contain ch~ article ~isced belm~ ~,nd ~hac a co:npletcd
Bond In/on.~a~ion rom be subject, cd [o thP Burc::u oE Sex~aEe programs as p~rC
o[ ~hc
of the ~id },aceria, for each construction conCracL. (A sample foam:ac
Perfor~aance ~ond Ingo~aCion Fo~l is attached.)
If the pei-fomance ~ood Infon.:~tion Form cannot be su?.plied as part of the
'Bid flaceri~l in tt~, place cbc na:,:c, and ad(h'e~s of th.. r. urecy cm:qmny from
~hmn tl,e coiltractof propases co obt;,in tl,e bm,d shob]J I,~ submitted. As
soon.as the contractor' furnirhas the bo~,d ro the ~unicipaliCy the
should be cclephon,~d to: ~lurcau 9f Se~,a~c proi;rams, ara,~c l.lanaacc, e~c Unit
'(518) 457~5651 or ~57-5959.
The ~oi.~t State-Federal Approval to A~ard x, ill n~t be iisued until this
~rformhnce bond in~onaation ha~ been st,h:uicted co ~hc I~e~ York State
~rt~:~nC of Environmental Cmwervacior~ and verified.
'~le bigger co ~ho~ t~e ~unici?~altty proposes to ax.~ard the contract shall,
~ soon as possible buc nec latcr than thirty (30) d-,ys fr~ the o~nin~
.el bids furnish to the municipulicy a bond equal to one hundred per cent.
o[ the ~m~nt o~ the contract, conditioned for ch~ iaithful perforamnce of
· [1 terms, covenants cad condiLions of same, ~ith u curecy c~pany auchorl.::~d
to do business in cbc State oi Nu~ York, as sure~y, lg lc is nnC poSSible.
~o subiaiC such bond ~ciL},in Cbc time scatcd, thc biddc'c ~hall as soon as
possible buc nec lnccr than thirty (30) duys fro~ thc openiu6 oE bids
turnl~h Co the municipality tho name and address of Cbc surety company
~uthorized to do business In the State of Kc~ York v. hich viii provide
bong; and forty-ei.{:hc (~8) ho;~r~ before th~ av:az-d of Lhe conrracC ~urnimh
to the muntci~lity a bond equal co one hundred par cc.t~C oi tho amoun~
the contract, eondttfonad ~or {he faithful {~.rfor~ance o~ a~l ~crms,
~ovenants and condt~tuns oi s:t:,o, ~t~h a surt'~y company ou~hort~ctl Co do
bustnesm fn ~he S~t:. oE ~e~ yo~k, as surety. Th~ bored shall be ~tncained
In full force for a ~rtod o[ t~elve monLh~ a~ter da~e oE iinsl certificate
the vol'k arising [r~ tmprOl,Cr or de[ecLix'e ~.or~mau~hip or m3CctialM ~,hich
~y appear durin~ L},a~ ~riod."
~2 -'14 o~ 24
Project C-36-
perform--,~ce Bond lnfor~.'.atJon Fo~
Co, structJOn Contract Ilu.-~ber
II~e of Contract
tb~'-, o£ Contractor
Addru~s
P.,,naing Co.'.;'_.,:~,y or PersOn Issuinc Security Mpnd
l;ondinc Co'.,p"-ny .~4;ent
A,ldrcs c _
~uount of Bond $ .'
/~ration of Bond .From
ldcntl£ic',tion liumber or Bond
To
M2 - 15 of 24
AFF___~IRMATIVE ACTIO:~ RECL-IE~iS~IT£ OF ]~f NASSAU-SUFFOLK PLAN
The following "Affirmative Action Requiremeats of the Nassau-Suffolk
Fish" is hereby made a part of the Contra=~ Documents. All bidders, under
this Flan, shall receive ~nd submit with his bid the required certificates
~ stated on Pages 11 throuch IL of the Affirmative Action requirements.
~Lddcrs who omit the proper ce.~ifl¢~tion w~[1 be c~nsidered non-respOnSive
~, therefore, not el[Cible fcr avar~. AI~ bidders who wish to receive
~!~itional informa~icn nay call (212-~6h-9300) the ~ir~-ctor, Office of
~lvil Bi~hts .and Urban Affairs. A mrs-bid conference m~y also be held
~y this Office prior to the set bid' openin~ date, so that bid conditions
=~be made clear to all parties involved.
BID CONDITIOi;S
AFFIR~.t~.TIVE ACTION '-~' ~"=:'~
EQUAL E?LO?,''?;T OPFD.~TL'.:ITY
For all" ._r- -~t Feder.~.l and Fed~.rally-As---is~e~ Construction
Con,recta %o be Awarded in [:.:-.'suu ~_:;d Saffc!.".'. C.tunz~c-~ it-~:t York
Part I: The prcvi$icn~ of thi~ Far: I apply to bidders, contrzctors
~i s~bco~=ractors ~th ra3te¢:t ;-~ tb:~s,? c'~:ru~%~ tr%~es f~r which
:hey are parties to collective ba:-jainin~ 9freements with a labor organization
:r org~uizations end who tcje%h_y with ~uch labor or.l~nizamions hav~ agreed
~ the Nas3au-Suf£~lk A~e= Crnstructirn ~rcsrzr. for equal opportunity
(~u% onk~ as to %hose trades a~ LO which there ar~ ce~mitment~ by labor
:~(anizations to specific go=lc cf mi;;~r~ty L~npcwer utilization) be=ween
the'local general contractors and ~en~ral ccn%rac~er's asscciati&ns, the
-~ ~ '--,~-~ and the CoaliSicn, %o~ether
subcontractor~ and subcontrac~or~
w~th aL1 implement!nj: e~reeL~n~.z that have ~
~'~loped pursuant %h~re:o, all of ~hiah 4oc~r. en:s are incorporated herein
~f reference and are hereinafter cum,~lative!y referred to as the Nassau-
_Suffolk Plan.
Any bidder, contractor or subcontractor using one or more trades of
~:n~truction employees must coy.ply %~th si%her Par~ I cr Part II of these
~9 Conditions as %o each such %raCe. Taus, a bidder, contractor or sub-
?ntractor may be in cc=pll~n:e with these conCitic::s %7 its inclusion,
· ;%h its union, in ~he Nassau-Juffolk ?!ar. a~ to tr!de "A", provided
· " ..... :u' -v. P!mn a s-:cific ccr_uitmsnt by
:h-re is set forth in t~° , ........ -
".~ union to a goal of minori=y n-~_npcwer utilization for such trade "A",
~re~ meeting the pr~%~stons of this Par~ I, and by its e(I-_z~tment to
;,rt I! in regard to trade "B" in the instance in which it is not included
:~ %he .Nassau-Suffolk Plan and, therefore, cannot neet the pro~lsions
'f this Part I.
To be eligible for award of a contract un,er Pzrt I of this invitation,
· kl4d:r or subcontractor must execu:e the cer%i£ioa:icn required by Part III
M2 16 of 24
~:_ A. Coverac'-. The prov-[sio~s of this Part II shall be
,._;licable ~u ~hose b!~4ers, contrac~o:s ~ subcontractors, vho, in
~4 to those cons[~c~lon grates to be utili.et on .he pro, ecl lo
,~ich these bid conditions per~ain:
I. Are n~ or hereafter cede to be sl6natories to the tlassau-
.[~ PI~ refaced to In P~[ I hereof;
2. ~e si~natories to the Iless~u-S=ffe~ Plan but ~e not
;~:~ieS to collective ~ar~ainin~
1. ~e si6natories to the Nassau-SuFfolk Plan but ~e parties
:~ collective b~[ainin~ earee=~nns vith labor or~niza[ions ~o ~e not
cf hereaf[er cede to be si~tories to the Ilassau-SuffoLk
~. ~e si~atories to the Nasssu-Suffo~ Plan but as to vhich
.~ specific cc~!t=ent to ~c~s of =,in;rit7 n~nDo':er utilization by
;~lor or~aization have been ex~cutea pursuant to the ii=ss~u-Suffolk
~. Me no longer participatir~ in an afflictive action
. ..~;.- [:a~sau-Suf folk Plan.
,:ceptable to the Director, OFCC, In.1 ..... ~ tile
B. Requirement--~-n Affirm:tire Actlcn Ple. n. ~e bidders,
::ntractors ~d s~bcontrac~ors described in parm~rapns 1 throu6h 5 above
~i~l not be eligible for a~'ard of a contract ~der this Invitation for
}I~, ~less It certifies ss prescribed in pzra~reph 2t~ of the certification
,;rallied in Part III hercof %h~t it adonis the r.:n~r.~n ~als ~ t.im~tab!~c
--~-.---~!t" =~.i;:;'ct unzz .... ~,, ~, ~n,~ tpecific
,ffl~ative action ~teps set forth in Section ~. 1 and 9 of this P~t
ilrccted at incressin~ minarity r. anpo~'er utilization by :~eans ~f applying
&:od faith efforts to carryinj ou~ such ste~n; cr is d~:2n~d to have
r~ch a pro~r~ pursuant to Section b. 3 of this Part II.
" 1. ~als and Timetrfoles. ~e fo~ls of ~ncrity manpOWer utilization
- ~- '~ to e~ch trade
:cl~red of the bi~d~r and :uDccntractors are
:.~t othe~ise %o~d kY the prcvi:inns of Pert I hereof %-hich %'ill be used
:~ the project l~ [lass~u-S,lfftlk Countie~ ~ :~e'; York
'~¢rcina£ter referred to as %~
~ttl
prSiact
Fr~cR~nce- to Completion
to
Goals of Minority M~npover
Utilization Expressed in
Percentcse T:r~s
11-1/4 - 25t
10% -
· '~-5"Minority" is defined ns inc!udinz :~efroe~, ip~_aish £~-~.~.e~ k~ricans,
Orientals ~nd ~.~eric"-n In~, and includes ~ch =~n and
M2 17 of 24
In the event that under a contract which is subject, to these Bid
.%..~/ltionS any work is perfor-c-ed in a year later than the late~t ye~
~:r ~lch acceptable goals of DEnority ~-npo-~er utilization h~ve been
:ete~ne~ herein, the go~s for ~9~ ~h~ be a~plicable to such vork.
~e percentage go~s of =inority ~po~'er ut~iz~tion above are
(~ressed ~n te~ of ~o~s of ~rainin~ ~d e~lo~en~ aa a propo~ton
~ the tot~ =~o~s to be worked by the bidder's, contractor's ~ sub-
~:;tractor's entire york fcrce in ~h~t trade on ell projects (both f~der~
~t non-feder~) in the I;essau-!uffo~ ~ea d~ln; the ;erfo~ce
..~ contract or subccntr~c~. ~,c .m~n~o~s for nincrity v:rk ~d
:.;t be sub~t~tial~ ~ifc= thro,~out the len~B of th~ contract, on
ill projectS and for each of the ~rade;. ~rther, ~he tr~sfer of ~tnority
::;l~eeS or trainees frcn e~ployer-t~e~loyer cr fro= project-to-project
f~r the sole p~OSe of =eetin; the contractor's or subcontractor*s
;~1 be a ~olation of these conditions. In reachins ~he ~o~s
:l~oritY manpower utilization required of bidders, contrcctors ~d sub-
::ntractors p~su~ to this p~t II, e~;e~ effort ;hall be =sde to
~:.t e=pLoy qualified Jo~ne~en. Provided, however, ~nd p~suant to the
:~quirements of Depar~=ent of Labor re&~ations, ~9 CFB ~a, apprentices
:~ trainees sh~l ~e e~lcyed on all projects sukJect to ~he
.- these Bid Ccnditions and, where feasible, 2~ percen~ of cp~ren~ices or
:;ainees c~ployed on each ~roJect sha~ Be la their first y~ar of ap~rcntic~-
i:~lp or trainin~.
In order thnt the non-vorkin~ traf. ning hour~ of trainees ~Y be
co.ted in neetinc the Co~, such trainees :.ust ~e e=ptcyed by the con-
~r~ctor durln; the trainin; ~erici, the ccntractor =ust here mad~ a
:!t~nt to enplcy the trainees et the repletion of their trainina subject
t; thc availability of c=plo~=:~ opportunities and th~ trainees m'Jst ~.e
trMned purser to establis).e~ tr:inint prc~ra~ which r_ust be zhe e~va-
lent of the train/ns ~ro~r=s no'~ or Ecreaftar pro-~idel for in the
· ;:~sau-S~ffolk Plen ';ith resgec~ t~ the naive, e~ent and d~ation of
· :z~inin~ offered.
i con~ractor or ~ubccntractor shdl be dee=ed to ~e in
~lth the t~s ~d req~re=er, t5 of this Part il bi thc c:.-91c~ent
~rainin~ of ~incrities in ~e e~prcgr!ate perce~tlt~ of his
~:rh force In ~he l.:~::a-Snffcl}:_ I~-ea for each :raie for which it
However, no contrc=tcr or subcontract, ar shell be fermi to be in nnn-
:~liance sole~ on accost of its faille to =~et its ~olls ~thin
~i:~tables, but such ccntractor shill be ~iven the ~crn~nity to
~trate that it h~ instituted alt of the sgecific affir,:.!tiw action steps
~;~ci/ied in this Part II c.d ha~ m~de evc~ ~cod faitl~ effort to ~ke
~tcse steps work t~ard the attai~ent of its toels ~tbin its
~lI to the ~ose of e~dinl :inority =mnpo;'er utili:~tion on IE of
t'= projects in the ~s~u-Suffolk ired.
In ~l cases, the cmpli~ce of a bidder, contractor or subcontractor
· Ill ~ dete~ned in accord~ce ~th its respective obli[~tions ~der ~he
t,m of these Bid Conditio~s. ~erefore, contractors or subcontractors
":~ ~e governed by the pro~StOns of this P~ II shsll be subject to the
:'lutrements of tha~ Par~ re~:rtleas of ~he c~li[:[icn~ cf its prtne con-
i:cctor or lc'~er tier subc=n=rac=crs-
~2 - 18 o[ 24~
All bidders ~n~ ~l con:r:::ors ~nd subcontractors perfor~tn& or
t~perfOZ~vork on projects s~Ject to these ~td Conditions ~ereby ~tee
info~ their eubc~ntr~ctors of the~r respective obZ~ttons ~er the
te~ ~d ~q~renentS of :h~se BId Cc=ii:ions, incl:~=& :he pro~sions
relating to g~s of ninority e=plo~nt ~nd trainin;.
2. ~pecific AfFirnative A:ticn. Steos. Bidders, contractors and
r;~Contrac:ors subJec: to thi~ ~'--': ~I :u~: en&a&e ie afffir:ative action
::rccted at lncreasin~ minority e~_npover uttli:aticn, vhtch is at least
~ cxtenSiV~ and a~ s~ecif~c as the follov£n& step~:
a. The contractor shall notif~ c~'~unity or~izattons
that the contractor has e~lo~ent opport~ities available and
~tnt~n recor~R of :he orG:q[zat!ons' respo~e-
B. ~e contractor shall ~int~in a file of the ~es ~d
a:~csses of each ~nor[ty vcr~er referred to hi~ and vh~t ac:ton vas
t~cn vi:h respect to each suc~ referred yorker, ~qd if the yorker v~
~ot enployed, the re~sc~s t~reffor. Iff such ~rker v~ not sent to the
=~ion h~rin~ hall for referral cr If such yorker v:~ not e~plcyed by the
contractor, the contr~ctcr'~ file sb~l doc~en: th~s ~ th~ reasons
therefor.
c. ~e contractor s~l pro~t~ not[~ the Enviro~ent~
rrotect~on ~ency vhen the ~n!on or ~ions v~th vhon the contractor
a collectEve barg~tntn& ~ree=~=: has not referred to the contractor
:inortty yorker sent by t~e ccz:r~ctor or the contractor h~ other ~n-
fo~ation that :he ~.icn ref:rr~ proce$~ h~s ~n~eded b[~ ~n bio
to meet his Coal.
d. ~e contr~ct~: s2all ~rttcipate in training pro~~
tn the area, especially thcse f~ed by the Dep~rt:e~t of L~o~.
e. ~e contr~:t~y ~hull dE~=[n~te bio lEO policy v~thtn
hie o~ or&~iz~tion by includi:; it in ~ policy :~u~l; ~y publicl%in~
it i~ comp~ nc~pa~ers, ~nnu=l r~:~s, etc., b)' ccn2u::i~g
enployee ~d ~ion represen:~t~ws' :e~:[n~s to e~lctn ~d disc~s the
~licy; ~ post~n~ of the polio'; ~d by electric reviev of the policy
~th einori~ enployees.
~. ~e contr:c:cr sh~ll dit~c~n~:e ht~ ~5 policy
tern~ly ~ ~nfo~ng ~d ~acuss~n~ ~t ~th ~ rec~ttnent so.cea;
~ advertisin& ~ nev~ me~a, speciff~c~ly includ~n& :tnority ne~
~dby noti~tn& ~ disc~sin& ~t ~th .11 subcontr~tors ~d suppliers.
~. ~e contractor ~1 --Ye speciffic ~d consist ~on~
{both vritten ~d oral) rec~t:ent efffo~s ~rectcd at a~ ~nor~
cr&~itations, schools ~d ~nor~ty students, ~nori:y rec~t~nt or&~t-
tttton~ ~d ~nority trai~ organizations, ~thin the contractor's re-
cr~taent
h. ~e contractor lh~l ~e s~cific efffo~ to enco~e
~re~e~t ~nority eopl~e~s to recur their friend~ ~d relatives.
M2 - 19 of 24
i. The contractor shall validate all man spec!fications,
selection requirements, tests, etc.
J. The contractor shall mLke e,~e~r effo:~ to promote sfter-
i:hO01, S'w"mer ~nd vacation enpl~ym-ent to ~lnority ycuth.
k. ~e contractor ~h~l devel~ on-the-Job tralning oppor-
~lties ~d p~rticlpate ~ ~si~t in ~-~ a~soctaticn or e=pl~er-~roup
~:~iniu~ pro~r~s relevat to the congruent~s e=ployee needs consis~ent
;Ith its obliGa~i°~ ~der this P~ II.
1. ~e contractor Sh~l c~tinu~ly ,invlntc~ mni ev~Uate
,ll~nority personnel for ~rcao:lon oppo~ities and encourage ~nority
r=pl~ees to seek such opport~ities.
m. ~e ccntractor sh~l m~e sure that seniority practices,
Job classificaticns, etc., do un: have a ~scri~ina~oU effect.
n. ~e contractor ~h~ll n~e c~rtain that all f~cilities
~nd c~pany ~ctivities are nan-segregated.
o. ~e contractor shall ccntinually n:nitor a!l personnel
~::lvlties %o ensue %hat his EEO ~olicy is being c~riel ou~.
p. ~e contractor sh~l solicit ki!~ for subccntracts froz
~vailable minority subcontrmctors eh;aCed in the ~ra!es covered b-/ these
~ld Conditions, including cir:~a~i&n of ~nerity con~ractor associations.
3. Contractor~ an~ S~c::;tra:t~r~ ?~enel to be ~oun4 %'; Pzxt !I.
oS no
eligible under Part I of the3e Ei~ Cc~iticns, ~ lcn~r participating
in an affil.~.mtive action plan a:cepteble to the Dire. ctcr of the Office of
Federal Contract Compliance, in:lu~inc zhe :Tsss'~%-Suff;!k Plan, he shall
~ deemed to be cc:m/tied to Fart i! of these Bid Conditions, he shall be
con~idere~ ~o Le co=r~itt~d to ~h~ =in:ri~y =~n~c;:ar uli~iz~%ien
~oal of the minimum range for that trade for the apprcgriate
&. Subsequent Slant'tory to thc ~:a~au-Suffcl!: Pith. kay contractor
or subcontractor subject to thc require=chis cf ;his Part Ii for any trade
~t the time of the submi:~icn of his bid who together with the labor
organization with whcm it has e collect!ye %~rcaininl acreement sub-
...... ~ ...... -~' Fl~n, either
~cquently be¢cr.~s a si~a:to-~' to the .~--- ....
cr through an a:sociation, n~7 meet its re~uirecents u.nter these Bid Con-
ditions for such tredg, if s~¢h contractor or subcontractor executes and
~ubmits a new certification co-~ltting himself to Parc I of these Bid
Conditions. No contractor or subcontractor sh:ll be dee=ed to be subject
to the requirements of Part I until such certification is executed and
submitted.
~. ~on-discrimlnmti~n. In no event may a contra:tot or subcontractor
utilize t~e goals, t$::t~ble~ or affir--at~ve ~c:ion st~s required by this
P~rt l! in such a manmer as to cause or result in ~tscrim~nation against
· af per, on on account of race, color, religion, sex or national origin.
M2 - 20 of 24
part III: Certl£icetiong
A. Bidders' Ccrtific~tions. A bidder rill not be eligible
a~ard of a contract ~d~r this Invitation for Bids ~nless such bidder
submitted as a p~rt o£ its bid the follc'~inE certification, vhich rill
decried a part of the resulting contract:
BIDDERS' CERTI~ICA?ION
certifies that
(Bid.~er)
1. It intends to use the roll--lng listed construction trades in
thc york under the contract
2. (a) as to those ~r=~z set forth in the ~rc:.~df=~ par:graph one
hereof for ~'hich it is eligible ~fcr Par; I cf t~:sse 3id C~n~iticns for
rcrticipation in the Plan, i~ rill comply vith
:he Plan cn ~11 construction ~crk (b&th federal and
nonlfedcral) in the area ~ithin the scope of
coverage of that Plan, those trades bezng:
.; and/or
(b) as to those trades for vhich it is require~ hy these Bid
Conditions to comply ~ith Part I1 of thes~ 5id Conditions, it adopts the
tlnimum ~inority ~nps~er utilization Eca]s -~d the specific affirnztive
&c~ton steps contnined in said Part II, for all construction ~ork (both
federal and non-f=deral) in thc crea subject to
the~e Bid Conditions, those trades being:'
3. it ~rlLl obtain from each of its sub:ontr~:tors an~ sub=dr to the
contrnctin~ or a~T~nfstcrinj a:2::cy ~ricT %o %he '"'' of a..,, subcontract
~n. der this contract the subccntra:tor certification required by these Bid
Conditions.
(Signature of authorized representative of bidder)
B. Sub:entractcrz' C~rtifi::ticn~. Prior to the a~ard of
m%y subcontract under this Invitation for Bids, rc~r~ess of tier, the
rrospective subcontrcctor must execute ~.d submit to the Prime Contractor
tie follo'~ing certification, vhich viii be de~med a pnrt of the resultinE
'ubcontract:
M2 - 21 of 24
SUBCONTRACTORS' CERTIFICATION
~F
cer~Cifies that:
-- (Subcontractor;
1. it intends to use the following listed construction trades in
the work ~der %he subcontract
2. (a) as to those trades set forth in the precedins ~areG~.aph one
t.creOf for which it is eligible ~der Part I of these Bid Conditicns for
~r~icipation in the Plan, it viii comply vith the
pl-n on ell construction york (both federal
~--~-~on-fedel'al) in the ~rea subject to these
Did CondiLions, those %redes being:
, ~nd/or
(b) as to those trades for which it is require~ %Y these Bid
Conditions to comply with Part II of thcs~ Bid C~n~izicnd, it e~opts the
minimum minority ~npo~er utilization ~oals and the specific dffirmative
action steps contained in said Part II for all construc~icn york (both
federal and non-federal) in the ~iatsau-Suffolk area subject to these
l!id Conditions, those trades b~inz:
3. it will obtain fro= each of its subcontractors prior to the at'·rd
of any subcontract under this subcontr&ct the subcontrnctor certification
rcqaired ~y these Bid Coed!rices.
(Signature of authorized representative of bidder}
In order to ensure that the s~id ~ub¢ontractor'z certific&t[~n %ecczes
· part of all subcontracts under the prime contract, no subcontract shall
te executed until an authorized representative of the U.S.E.?.A. has
dc%ermined, in ~riting, %hat the said certification has' been incorporated
~n such suhcontract, regardless of tier. Any subcontract executed without
much v ri%ten approval sh~ll be void.
C. Materi~lity and Resoonsiveness. The certificatio~s
required %0 be mad~ By the bidder Dursuant to these Bid Condition; is
ca%cfi·l, ~d viil govern the bi~ers perfox--.ance on the project and
v~llbe made · part of his bi~. Failure :o submit the certification
rill render the bid nonresponsive.
M2 - 22 of 24
p~r?~_.~: Co~olt~n=e ~n~ ~n~c~c~c~t. Contractors ~e responsible
for informing their suocon~ractor (r~ar~less o~ ~ier) as to ~eir re-
~?ective' obligations u~der Parts I a~.d II hereo~ (~ a~plicable). Bidders,
contractors and subcontractors hereby agree to refrain frcn entering into
~y contract or contract mo~fica~ien ~ubJec~ ~o L~ccu~ive Order 112~6,
~ ~ended, of Septe~er 2h, 19~, with a con%rector deb~red from, or
who ~s dete~ned not to be a "rezpcnmible" bidder for, Gover~ent con-
~rac~s ~ federally oasis:ed con~=ru:~ion con%rac:~ 9~u~t %o the
E~ccutiVe Order. ~e bidder, contractor or subcontrmc~or shall
out such s~c%ions =nd penaltle~ for violation of the equal o9~or=~tY
c~auae ~ncluding suspension, %e ...... ~-c. an~ cancellation of
~ubcon%r~c%s as ~y be imposed or ordered ~Y ~he a~i-is..-~ .~
O.~-c- -
%he con[ractin~ alency or the e'~ "of Federal Contract Conuli~ce
purs~n~ to ihs ~ecu~ive Order. ~y bidder or contractor or subcontractor
~o shall f~l to c~ out such s~ctions ~ pen[l%ies sh~l be
[o be iD noncompliance ~ith these B~d Conditions ~%d Executive ~de= 11266,
~ ~nded.
Nothin~ herein Is in%an~e~ to relieve ar~ contracto~ or subcontractor
4~[nE the te~ of its contract on this ~ro]ect from c=nplianc~ ~ith
Executive Order 112h6, a~ amended, and %he E%u~! C?pcr/'~ity Cl=us~ of
[~s contract, ~ith r~s~cct to n=~%ers :~nt covered in the ;'5~u-Suffclk
PI~ or in Part II of these Rid Ccn~ition~.
Viol~tion of ~ny substantial r~quire=ent in %he :,=ss=u-..u=,olx Plan
by s con~ractor or subcontractor covere~ by Pa~ I of %hess ~id Conditions
[uclu~n6 [he faille of such contractor or subcontractor %o z~e s 6ood
faith effo~ to meet its fair ~ ~ of the tr~de's Goals of minority
po~er utiliz~ticn, or of the r.'~u~r=-en~s o, rm.. I_ nu.e -
noncompliance bY such contractor c.r subcontractor ~..h the Eaual ~por-
t~ty Cl:use of the Csntrac%, and sh~l! be ~ro~ds for !nl.ss~tion of
~der 112~6, as mmende~.
~ch mE~ncy shall re.aU its contractors' mn~ ~ubcontractors'
emplo~ent pra:%ices d~-inr she ~erf~rn~ce of the cc::~r~ct. If the
,,.?z~-c..~'?l,- Plan no lcn~cr
~ency de%er~nes %h~t tko" ' '"~' " -
effective afflictive action, it ~h~l so noti~ the fffice of Federal
Co~tract Cozpli~ce vhich shall ~e sole~ respcnsib!e for any fin~ de-
%~nation of ~h=t question ~nd the consequences %hereof.
In res~rd to Pa~ II of %hess condit~ons if the contractor or sub-
contractor ~ets its 6cals or if %he con%factor or subcontractor can
demonstrate that it has made ewe~' ~oo~ faith error% %o me=% %hose
%he contractor or ~ubcontrac%or shall be pres=:d ~o be ~n compliance
vL%b ~ecu~ve Order 112~6, a~ ~en~e~, ~he imp!en:ntin~ recta%ions
· n~ its obligat~ons ~der %he=e Bi~ Con~tion~ ~n~ no fo~l~l
or pr~eedin6s leadin~ t~ard s~c~ion~ sh~l ~e instituted ~lesz the
· Een~ o~he~ise ~ete~nes the: =h~ con%rat=or or =ubcontr:ctor Is not
p~ov~tuE equ~ empl~en% op~r:~Ities. In ~ud~ins %tether a contractor
or subcontractor h~ me~ l~s Seals, the ~ncy rill consider ea:h con-
tractor's or subcontrac~or's r~ncrity ~a=F~er ~tlll:a~lon ~ni rill not
thke into consideration %he minority nznp~er utilization of its sub-
Contractors. ~re ~he aSeaaY fin~ %ha~ ~he contractor cr subccn~rzctcr
M2 - 23 of 24
ha~ failed to co..-ply uith ehe requirements of Executive Order 112~6, as
~..-ended, the imple~entin~ reculations and i~s oblicaticns ~der these
Bid Conditions, the a~e~cy shall t~e such action an~ inpose such s~c-
tionS as may be appropriate under the Executive ~der ~nd the re~lations.
~en the afency procee~ vith s~h focal action it hcs the burden of
pro~n~ ~h~t the con~ractor has not met the req~re~cnt~ of these Bid
conditions, but ~e contractor's failure to =eet his ~o~s sh~L shift
to him the r~uire=ent to cone fo~ard '~th evidence to sh~ that he ha~
~: the "~ood faith" r~quirenents of these Bid Condi:ic?,s by ln~titutinS
at lea=t the Specific Affi~atlve Action ste~s liste~
eve~ ~ood faith effort to n~e 'those s:ep= verk.%o%~! the at%einr~en% of
its ~o~s vithin its ti=ezables. ~e pond:nay of such focal proceedin~s
~hall be %~en into consideratien by Federal e~encies in de~e~lnin~
~e~her such contractor or subcontractor c~a cc~y %'ith the require=ants
of Executive Order 112~6, ~ ~znded, ~d is therefore a "responsible
prospective contractor" ~thin the mmin6 of the Federal proc~ezunt
re~ations ·
It shall be no excuse that the union vith vhich tke contractor has
collective barcainin~ a~recment providing for excl'~ive referral failed
to refer ~inority en~lcyees.
The procedures set forth in these con!i%ions :h~]l not apply to
contract vhen the head cf the contracting or adninisterinG a~ency
termines that such contrgc= is essential to the naiien~ security
that its a'~ard ~ithou% follo'-'in~ suth proce!'urcs is necessary to the
national security. Upon ma~ing such a determine%ion, the a~ency head
rill notify, in ~riting, the Director of the Office of Federal
Compliance vithin thirty days.
Reque:ts for e::erption3 frcz these Bid Con!!ticnz must be m~de in
vritins, vith Justification, to the Director, Office cf Fcdera! Con~ract
Co~plisnoe, U.S. Department of Lr3~or, Ut~hin~ton, D.C. 29~1G, ,cad shall
' be for~ar~ed throuEh and ~ith %he endersemen~ of the a~en:y head.
Contractcr~ and subcontractors must keep such records ~d file such
reports relating to the pro¥i~ions of these Bid Conditions as shill be
required by the contracting or administering a~ency or the Office of
Federal Contract Co~pliance.
For the info~a~ion of bidders, a co~y of the ~!:sseu-Suffolk Plan
may be obtained from the contractin~ officer.
M2 - 24 of 24
ARTICLE ?9 - .aDDITIONS - Dt~OUCTIONS - D~¥IATIONS
I)5. Phe value of auy change shall be determin,~d by me ~r mor~ ~f the f~ll.win6
(a) By prices specifically named in the specifications or proposals.
(b) By acceptance of agreed unit prices based on estimated cost plus
overhead and profit as applicable.
(c) By estimate of the actual cost of labor and ,materials plus ore head
and profit, cost tc be determined as the work progresses.
(d) By actual cost of labor and materials plus overhead and profit, cost
to be determined as the work progresses.
(e) By estimate of the value as deducible from the approved detailed
estimate.
156. Overhead shall be defined as an allowance tc 9ompensate for all costs,
charges and expenses, direct or indirect, except for zhe actual cost of labor and
material as defined by Parag~3aph No. 157. Overhead shall be considered to include,
but not be limited to insurance (other than as mentioned in Paragraph 157) bond or
bonds, field and office superviso_'s and assistants above the level of foreman, use
of small tools and minor equipment, incidental job burdens, general office expense,
etc.
157. Actual cost of labor and m~aterial shall be defined as the amomnt paid for
the following items, to the extent determined reasonable and necessary:
Item 1 - Cost of materials delivered to the job site for incorporation into
the contract work.
Item 2 - Wage paid to workmen and foremen and wage supplements paid to labor
organizations in accordance with current labor agreements.
Item 5 -
Premiums or taxes paid by the contractor for workmen's compensauion
insurance, unemployment insurance, FICA tax and other payroll ~axes
as required by law, net of actual and anticipated refunds and reba%es.
Item d - Sales taxes paid as required by law.
Item 5 -
Allowance for use of construction equipment (exclusive ~f hand tools
and minor equipment), as approved for use by the Engineer-in-charge.
The rate on self-owned equipment used for periods of under one week
will be the Associated Equipment Distributor's published monthly
rate divided by 22 days to establish a daily rate and divided again
by eight hours to establish an hourly rate. Equipment used for
periods of 5 days or more will be billed at a rate equal to
of the published monthly rate. In the alternative, the Engineer-in-
charge may approve for reimbursement a rate representing the
allocable costs of ownership. Self-owned equipment is defined to
include equipment rented from controlled or affiliated companies.
Rented equipment will be paid for at the actual rental cost.
Gasoline, oil and grease required for operation and maintenance will
be paid for at the actual cost. When, in the opinion of the
A29 - 1 of 2
contractor, and as approved by th,. ~nglneer-in-Charg~, suitable
equipment is not available 3n the site, the moving of sai~
equipment to and from the site will be paid for at ~csual cost.
Item 6 -
When the material furnished under item (1) is used material, its
value shall be pro-rated to the value of new material, but should
be no more than its cost. When, in the opinion of the State
Architect, the salvage value of salvable material furnished under
Item 1 exceeds the cost of salvage, a suitable credit shall be
given the State.
158. Regardless of the method used to determine she value of any change, the
Contractor will be required to submit evidence satisfactory to the State Architect to
substantiate each and every item that constitutes his proposal of the value of the
change. The amounts allowed for overhead and profit shall not exceed the applicable
percentages as established in the two following paragraphs.
159. If the work is done directly by the contractor, overhead in an amount of
1~ may be added if method (b), (c) or (d) is used, and to the cost of the labor and
materials plus overhead there may be added 1~6 for profit. The percentages for over-
head and profit may vary according to the nature, extent and complexity of the work
involved, but in no case shall exceed the percentages set forth in this paragraph. No
percentages for overhead and profit will be allowed on payroll taxes or on 5he premium
pcrtion of overtime pay.
160. If the work is done by a subcontractor, subcontractor's overhead in the
amount of 5% may be added to cost of labor and ,materials if method (b), (c) or (d) is
used and to the cost of labor and materials plus overhead there may be added 1~ for
the subcontractor's profit. To this amount there ~ay be added 1~ for the contractor's
co~nbined overhead and profit. No percentage for overhead and profit will be allowed
on payroll taxes or on the premium portion of overtime pay.
A29 2 of 2 t
I-J(~/~ HOLZMACHER. McLENDON & MURRELL. P.C
SUPPLEMENTAL REQUIREMENTS
CHANGE ORDERS
New York State Department of Environmental Conservation requires
that the percentages for overhead and profit be subject to negotiation
for change orders over $100,000.
SR - 1 of 1
I.-~/~ HOLZMACHER. McLENDON & MURRELL, P.C.
BUILDER'S RISK INSURANCE, INDEMNITY, LIMITATION OF LIABILITY
1. BUILDER'S RISK INSURANCE
The Contractor shall purchase and maintain during the course of
construction, until issuance of the FINAL PAYMENT REQUEST, an "ALL
RISK" Builder's Risk coverage insurance policy in the full amount of
the Contract. The policy shall name as co-insureds the CONTRACTOR,
the TOWN OF SOUTHOLD, SOUTHOLD WASTEWATER DISPOSAL DISTRICT, SOUTHOLD
TOWN BOARD, INC. VILLAGE OF GREENPORT, GREENPORT VILLAGE BOARD,
HOLZMACHER, McLENDON & MURRELL, P.C., and each of their officers,
employees and agents. The original copy of the policy shall be de-
livered to the TOWN OF SOUTHOLD, stamped "PREMIUM PAID".
2. INDEMNITY
The Contractor and all Subcontractors performing work in con-
nection with this Contract shall HOLD - HARMLESS, INDEMNIFY and
defend the TOWN and ENGINEER, their consultants, and each of their
officers, agents and employees from any and all liability, claims,
losses or damage arising out of or alleged to arise from the Con-
tractor's or Subcontractor's negligence or intentional torts in
the performance of the work described in the Contract Documents, but
not including liability that may be due to the sole negligence of
the TOWN, ENGINEER, or their officers, agents and employees.
The Contractor agrees to INDEMNIFY AND HOLD HARMLESS the TOWN
and the ENGINEER, their consultants, and each of their officers,
agents and employees from any and all liability for any intentional
torts committed by the Contractor, his Subcontractors or his agent.
3. LIMITATION OF LIABILITY
The Contractor and all Subcontractors agree to limit the liability
of the TOWN and ENGINEER, due to the Engineer's professional negligent
acts, errors, or omissions, such that the total aggregate liability of
the Engineer to those named shall not exceed Fifty Thousand Dollars
($50,000.) or 5% of the Contract award amount, whichever is greater.
BRI - 1 of 1
HOL~MACI~R, McLENOON & MURRELL. P (~
QUALIFICATIONS OF BIDDERS
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
The following is a list showing the name of the Owner, the Location,
the Date of Construction and/or Performance, a General Description of
the Work, and the Amount of the Contract of Work of a similar nature
constructed and/or performed by the undersigned, and which has been com-
pleted and in operation for a period of not less than one (1) year,
(minimum of five such projects).
FIRM NAME:
ADDRESS:
SIGNED BY:
TITLE:
QB-1
HOL,ZMACHER.McLENDON & MURRELL, P.C
GENERAL CONDITIONS
1. GENERAL CONDITIONS
The "General Conditions" are hereby made a part of these Specifi-
cations and are attached herein.
Where any article of the General Conditions is supplemented hereby,
the provisions of such article shall remain in effect. All the supple-
mental provisions shall be considered as added thereto. Where any
such article is amended, voided or superseded thereby, the provisions
of such article not so specifically amended, voided or superseded shall
remain in effect.
Work, materials~ plant, labor, and other requirements of the
General Conditions shall be furnished by the Contractor. No direct
payment shall be made for these General Conditions, and payment shall
be deemed to be included in the Contract price or various items of the
entire Contract.
2. CONTRACT DOCUMENTS
The Contract Documents include, but are not limited to, the General
Conditions, General Specifications, Detailed Specifications, Plans,.
Proposal Form, Contract and other sections as either cited on the Index
page(s) or actually included in the bound documents.
Each section of the Contract Documents is intended to be comple-
mentary to the other sections.
It is intended that they include all items of labor amd materials
and everything required and necessary to complete the work, even
though some items of work or materials may not be particularly men-
tioned in every section or may have been omitted from the Drawings
or Specifications, or both.
3. APPROVAL OF SUBCONTRACTORS AND MATERIALS
Prior to commencing any work under this Contract, the Contractor
shall submit to the Engineer for approval a list of all the subcon-
tractors and material suppliers it proposes to use for this Contract.
No subcontractor or material supplier will be permitted to deliver
materials or [~erform any work on this Contract until it has been
spproved by the E~gf~ear.
Award of subcontracts is specifically forbidden to any firm listed
on USEPA's Master List of Debarments{ Suspensions and Involuntary Ex-
clusions. Contractor should contact owner/engineer to determine if a
firm is currently listed.
N/S GC - 1 of 9
~[~ HOLZMACHIFR,McLENDON & MURRELL, P.C.
GENERAL CONDITIONS (CONT'D.)
4.. INTERPRETATION OF DRAWINGS~ ETC.
In the event of discrepancies between the Drawings and the Speci-
fications, the following order shall be given preference when making
interpretations:
a. Addenda (later dates to take precedence over earlier dates)
b. Drawings (schedules or notes to take precedence over other
data shown on Drawings)
c. Detailed Specifications
d. General Specifications
e. General Conditions
On all Plans, Drawings, etc., the figure dimensions shall govern
in the case of discrepancy between the scales and figures.
The Contractor shall take no advantage of any error or omission
in the Plans, or of any discrepancy between the Plans and Specifications,
and the Engineer shall make such corrections and interpretations as
may be deemed necessary for the fulfillment of the intent of the Speci-
fications and of the Plans as construed by him, and his decision shall
be final.
Ail work that may be called for in the Specifications and not
shown on the Plans, or shown on the Plans and not called for in the
Specifications, shall be furnished and executed by the Contractor as
if designated in both. Should any work or material be required which
is not denoted in the Plans and Specifications, either directly or
indirectly, but which is, nevertheless, necessary for the proper car-
rying out of the intent thereof, it is understood and agreed that the
same is implied and required, and that the Contractor shall perform
such work and furnish such materials as if they were completely de-
lineated and described.
5. ADDITIONAL WORK
Additional work, if required to be performed under this Contract,
will be in accordance with the applicable paragraphs of the Contract.
The Engineer shall be the sole judge as to whether such work was
intended as part of the Contract or is in addition thereto.
N/S GC - 2 of 9
~__j~ HOLZMACHER.McLENDON & MURRELL, P.C
GENERAL CONDITIONS (CONT'D.)
6. OCCUPATIONAL SAFETY AND HEALTH ACT
The Contractor shall meet all standards of the Occupational
Safety and Health Act of 1970 and subsequent revisions. This shall
include, but not be limited to the following areas:
Sanitation, noise, radiation, gases, vapors, fumes, mists, dust,
illumination, ventilation, protective equipment, fire protection, waste
disposal, electrical hazards, scaffolds and ladders, floor holes and
wall openings, and heavy equipment. All specific requirements of the
Act shall be adhered to.
7. SAFETY PROVISIONS
The Contractor shall take every precaution and shall provide such
equipment and facilities as are necessary or required for the safety
of its employees. In case of an accident, first aid shall be adminis-
tered to any who may be injured in the progress of the work. In addi-
tion, the Contractor shall also be prepared for the removal to the
hospital for treatment of any employee either seriously injured or ill.
8. SANITARY REGULATIONS
In addition to compliance with the Occupational Safety and Health
Act~, the Contractor shall erect and maintain necessary sanitary con-
veniences for the use of employees on the work. Such conveniences
shall be properly secluded from observation, and their use shall be
strictly enforced. Such sanitary conveniences shall be constructed
in compliance with all laws, ordinances or regulations governing these
facilities. The contents of the same shall be removed, with sufficient
frequency to prevent nuisance, and disposed of to the .satisfaction of
the Engineer.
The Contractor shall obey and enforce such other sanitary regu-
lations and orders and shall take such precautions against infectious
diseases as may be deemed necessary. In case any infectious diseases
occur among its employees, it shall arrange for the immediate removal
of the patient from the work and his isolation from all persons con-
nected with the work.
The building of shanties or other structures for housing the
men, tools, machinery or supplies will be permitted only at approved
places, and the sanitary condition of the grounds in and at such shan-
ties or other structures must, at all times, be maintained in a satis-
factory manner.
N/S GC - 3 of 9
I_~;~ HOLZMACHER,McLENOON & MURRELL. P.C
GENERAL CONDITIONS
(CONT'D.)
9. RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION
The Engineer is responsible solely for the general and/or detailed
inspection of the work being performed. Such inspection will be perio-
dic and strictly to assure conformance of the Contractor with the Plans
and Specifications, such that the end product will conform to the Plans
and Specifications.
The Contractor is responsible for complete conformance to the
Plans and Specifications, proper construction procedures; coordination
with subcontractors, other contractors, and utilities, and safe working
conditions for its employees.
10. LABOR
All contractors and subcontractors employed upon the work shall
and will be required to conform to the Labor Laws of the State of New
York and the various acts amendatory and supplementary thereto, and to
all other laws, ordinances and legal requirements applicable thereto.
All labor shall be performed in the best and most workmanlike
manner by mechanics skilled in their respective trades. The standards
of the work required throughout shall be of such grade as will bring
results of the first class only.
11. CONTRACTOR'S REPRESENTATIVE
The Contractor, in case of its absence ~rom the work, shall have
a competent representative or foreman present, who shall follow without
delay all instructions of the Engineer or his assistants in the pro-
secution and completion of the work in conformity with this Contract,
and shall have full authority to supply labor and material immediately.
The Contractor shall also have a competent representative available
to receive telephone messages and provide a reasonable reply as soon
as possible, but not later than 24 hours.
N/S GC - 4 of 9
~,/~ HOLZMACHIFR. McL£NDON & MURRELL. P.C
GENERAL CONDITIONS (CONT'D.)
12. INCOMPETENT EMPLOYEES
The Contractor shall employ only competent, skilled and faithful
men to do the work. Upon request of the Engineer in writing, the Con-
tractor shall suspend or discharge from the work any disobedient,
disorderly or incompetent person or persons employed thereon, and
will not again employ any person so suspended or discharged without
the consent of the Engineer.
This requirement shall not be made on the basis of any claim for
compensation or damages against the Town or any of its officers or
agents.
13. CLAIMS OR PROTESTS
If the Contractor considers any work required of it to be outside
the requirements of the Contract or considers any record or ruling of
the Engineers or Inspectors as unfair, it shall file a written protest
with the Town within 5 days of said ruling. A protest properly filed
with the Town shall result in a hearing before a duly designated repre-
sentative of the Town Board who shall make Findings of Fact and Conclu-
sions of Law. The Findings will then be forwarded to the Town Board
for their ultimate decision. Such decision will be binding.
14. NOTIFICATIONt INTERFERENCE AND INJURY TO UTILITIES
The Contractor shall cooperate in every way with the utility
companies.
The utility companies shall be notified in accordance with Section
1918 of the Penal Law of the State of New York entitled "Construction
or Blasting Near Pipes Conveying Combustible Gas," and with Article
20, Section 322-a of the New York State General Business Law.
Ail conduits, water mains and gas mains encountered in the con-
struction shall be properly and safely taken care of by the Contractor,
who shall, upon encountering same, notify the public corporation to
whom they belong in order that they may be changed in such a manner
as not to interfere with the final construction.
In case any damage shall result to any service pipe for water
or gas, or any private or public sewer or conduit, by reason of negli-
gence on the part of the Contractor, it shall, without delay and at
its own expense, repair the same to the satisfaction of the Engineer,
and in case such repairs are not made promptly or satisfactorily,
the Town may have the repairs made by another Contractor, or otherwise,
tnd deduct the cost of same from any monies due or to become due the
Contractor.
GC - 5 of 9
I--~_j~ HOLZMACHER, McLENDON & MURR£LL. P.C.
GENERAL CONDITIONS (CONT'D.)
15. INFRINGEMENT OF PATENTS
The Contractor further agrees to hold itself responsible for any
claims made against the Town for any infringement of patents by the
use of patented articles in any one phase of construction of the work
and the completion of same, or any p{ocess connected with the work
agreed to be performed under this Contract or of any materials used
upon the said work, and to save harmless and indemnify the Town from
all costs, expenses and damages which the Town shall be obliged to
pay by reason of any infringement of patents used in the construction
and completion of the work.
16. DAMAGES
Ail damage, direct or indirect, of whatever nature resulting from
either the performance of, or resulting to, the work under this Contract
during its progress from whatever cause, shall be borne and sustained
by the Contractor, and all work shall be solely at its risk until the
date of the Final Payment Request as issued by the Engineer.
17. GUARANTEE WARP, ANTY
This Contractor shall guarantee and warrant its work and that of
its subcontractors against defects in workmanship and/or material for
a period of one (1) year from the date of the Final Payment Request
issued by the Engineer, except as otherwise specified. Upon written
notification from the Engineer, the Contractor shall repair, replace
or reconstruct such defects to the satisfaction of the Engineer, at
no cost to the Town.
18. STANDARDIZATION
The DETAILED and GENERAL SPECIFICATIONS indicate specific manufac-
turers and/or catalog numbers, etc., for the purpose of standardization
with the Town in order to minimize stockpiling of replacement parts.
19. DEFINITIONS
The words "or approved equal" shall refer to an approved equal
which has in fact been approved by the Town after inspection by the
engineer that such approval is satisfactory. In the event that there
is a dispute between the contractor and the engineer as to whether
the item is equal, a hearing will be had before the Town Board or its
duly authorized representative who shall make findings of fact and
conclusions of law after a hearing which would then be forwarded to
the Town Board for their ultimate decision and that such decision
would be binding.
The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL,
P.C., Consulting Engineer for the Town.
GC - 6 of 9
I.J{~r~ HOLZMACHER, McLENDON & MURRELL, P.C.
GENERAL CONDITIONS (CONT'D.)
20. SHOP DRAWING SCHEDULE
If requested by the Engineer, the Contractor shall submit a shop
drawing schedule fixing the dates for the submission of shop drawings
for the beginning of manufacture and installation of materials and for
the completion of the various parts of the work. This schedule shall
be coordinated with the progress schedule.
21. SHOP DRAWINGS
The Contractor shall submit for approval of the Engineer all shop
drawings called for under the Contract or requested by the Engineer or
required for the performance of the work, and no work shall be fabricated
by the Contractor, save at his own risk, until such approval has been
given. The shop drawings shall be submitted sufficiently in advance of
construction requirements to allow ample time for checking, correcting,
re-submitting and re-checking.
Submission of shop drawings and samples shall be accompanied by
transmittal letter in duplicate.
Shop drawings and transmittal letters shall be dated and contain
the project name, name of the Contractor, the applicable section and
page number of the specification, and the applicable drawing numbers
and detail numbers of the Contract Drawings. If the item is resubmitted,
the number and date of each revision shall be included.
Shop drawings prepared by Subcontractors shall be accompanied by a
transmittal letter from the Subcontractor to the Contractor requesting
Contractor's review and Engineer's review. After the Contractor has
stamped and reviewed each shop drawing in'accordance with the afore-
mentioned requirements, the Contractor shall forward the shop drawings
to the Engineer accompanied by a transmittal letter requesting Engineer's
'ew. The transmittal from the Contractor to the Engineer and the
transmittal from the Subcontractor to the Contractor shall set forth
the information outlined above.
Shop drawings are drawings, diagrams, illustrations, schedules,
brochures, cuts, or other written, printed or graphic information
furnished by the Contractor to describe in detail the Contractor's
intention concerning the visual characteristics of the construction,
or the physical arrangement of some part of the work, for the review
of the Engineer. Shop drawings shall show the design, dimension,
connections, and other details necessary to insure that the shop
drawings accurately interpret the Contract Documents, and shall also
show adjoining work in such detail as required to provide proper
connections with said adjoining work. Where adjoining work of more
than one trade occurs, the Contractor shall be responsible for coor-
dinating shop drawing submissions so that they are received simul-
taneously for review. Shop drawings shall amplify design details of
[nical and electrical equipment in proper relation to physical
spaces in the structure; and incorporate minor changes of design or
GC - 7 of 9
I--~_/~ HOI. ZMACHER. McLENDON & MURRELL. P.C.
GENERAL CONDITIONS (CONT'D.)
construction to suit actual conditions.
Ail shop drawings and samples shall be thoroughly checked by
the Contractor for compliance with the Contract Documents before
submitting them to the Engineer for approval, and all shop drawings
shall bear the Contractor's stamp of approval certifying that they
have been so checked. Any shop drawings submitted without this stamp
of approval and certification, and shop drawings which, in the
Engineer's opinion, are incomplete, contain numerous errors or have
not been checked or only checked superficially, will be returned
unchecked by the Engineer for resubmission by the Contractor. In
checking shop drawings, the Contractor shall verify all dimensions
and field conditions and shall check and coordinate the shop drawings
of any section or trade with the requirements of all other sections or
trades whose work is related thereto, as required for proper and com-
plete installation of the work.
By submitting shop drawinqs, the Contractor confirms that he has
determined and verified all materials, field measurements and field
construction criteria related thereto, that he has checked the shop
drawings for complete dimensional accuracy, that he has checked to
lnsure that work contiguous with and having bearing on the work shown
on the shop drawings against the composite drawings, that the work
has been coordinated, that the equipment will fit into the assigned
spaces, and that he has checked and coordinated the information
contained within such submittals with the requirements of the work
and of the Contract Documents. Measurements not available prior to
submission of shop drawings shall be noted on the shop drawings as
not available and such measurements shall be obtained prior to
fabrication.
The Contractor shall submit five copies of all shop drawings to
the Engineer for approval. After the review of a shop drawing sub-
mission, the Engineer will retain two copies, and send the remaining
copies to the Contractor.
If the Contractor should alter any information on previously
submitted shop drawings other than the notations called for by the
Engineer, he must circle this new information to bring it to the
Engineer's attention.
In submitting shop drawings for approval, all associated drawings
relating to a complete assembly shall be submitted at the same time so
that each may be checked in relation to the entire proposed assembly.
The Engineer's review of shop drawings shall be given as assistance
to the Contractor in interpreting the requirements of the Contract Doc-
uments, and in no way shall it relieve the Contractor of any respon-
sibilities under this Contract. Any fabrication, erection, setting, or
other work performed in advance of the receipt of drawings marked "No
Exception Taken" or "Make Corrections Noted" shall be done entirely at
the Contractor's risk.
GC - 8 of 9
I.--~_.~ HOL.ZMACHER, McLENDON & MURRELL, P.C
GENERAL CONDITIONS (CONT'D.)
The Contractor shall be responsible for the accuracy of the shop
drawings, and for the conformity of documents unless the Contractor
has notified the Engineer of the deviation in writing at the time of
submission, and has received from the Engineer written acceptance by
separate letter of the specified deviations. The Engineer's review
shall not relieve the Contractor of the responsibility for errors or
omissions in the shop drawings, product data, or samples.
The approval of shop drawings shall not be construed:
As permitting any departure from the Contract
requirements.
As relieving the Contractor of the responsibility
for any error in details, dimensions, or otherwise
that may exist.
As approving departures from additional details
or written instructions previously furnished by
the Engineer/Owner.
As part of the shop drawing submittal, the Contractor or his
agents are required to indicate that the proposed piece of equipment
meets all requirements of the Specifications with the following ex-
ceptions. The exceptions shall be listed by the Contractor in
detail. Failure to provide this information is sufficient grounds
for rejection of the entire submittal.
GC - 9 of 9
~ HOLZMACHER. McLENDON & MURRELL, P C
GENERAL SP~C I FICATIONS
1.0 - GENERAL SPECIFICATIONS
(a) The "General Specifications" of the contract are hereby
made a part of this specification and are attached herein.
(b) Where any article of the "General Specifications" is
supplemented hereby, the provision of such article shall remain
in effect. All the supplemental provisions shall be considered
as added thereto. Where any such article is amended, voided, or
superseded thereby, the provisions of such article not so speci-
fically amended, voided, or superseded shall remain in effect.
2.0 - COOPERATION
The General Contractor, all other contractors, and all sub-
contractors shall coordinate their work with all adjacent work
and shall coordinate with all other trades so as to facilitate
the general progress of the work. The General Contractor shall De
responsible for coordinating the work of all Contractors. Each
trade shall afford all other trades every reasonable opportunity
for the installation of their work and for the storage of their
material.
In order to facilitate and insure proper coorGination be-
tween contractors, each contractor and subcontractor shall pro-
vide a supervisory representative to attend such 3ob and progress
meetings as the Engineer shall schedule. Meeting may be held at
the work site or the Engineer's office (Melville, New York).
- The Owner or his designated representative shall be respon-
sible for coordination of work progress.
3.0 - PERMITS AND REGULATIONS
The General Contractor shall obtain and pay for all permits
necessary to conduct the work and complete this contract. He
shall obtain the Building Permit and Certificate of Occupancy.
All work shall be performed in strict accordance with the regu-
lations and requirements of the various civil agencies having
jurisdiction thereof. Upon completion of the work provided for
in this contract, and before final payment shall be made, the
Contractor shall furnish the Engineer with any necessary certif-
icates of approval issued by these various agencies.
GS - 1 of 6
GE~ERAL SFFC!FIC^TIOMS (CONT'D.)
4.0 SIOMS
The General Contractor shall construct a project sl~n
on the drawings and described ].n the specifications.
as detailed
~ LEVELS AND or~vrvM
5.0 - GRAD.~ LIMES~
(a) The major axial buil~inM lines, measurements, grsdes, lines
and a bench mark shall be established by the General Contractor.
(b) Ail other grades, lines, elevations and bench marks shall be
established and maintained by the General Contractor r~hc shall be re-
sponsible for same.
(c) The Contractor shall verify ali grades, lines, levels and di-
mensions as shown on the drawin~s~ and he shall report any errors or in-
consistencies in the above to the Engineer before commencing work.
(d) The Contractor shall provide and maintain well-built batter-
boards at all corners; he shall establish benc~ marks in not ]ess than
two widely separated places. As the work progresses, he shall establish
bench marks at each floor, giving exact levels of the various floors.
(e) As the work progresses, the Contractor shall lay out (on the
forms or rouKh floorln~) the exact location of all partitions as a guide
to all trades.
6.0 __ TEMPORARY ENCLOSURES
The Contractor shall provi:ie ~ .m ~ v
ue, po~.:,r. :.~eather-tight enclosures
for all exterior openings as soon as r?al]s and roof are built so as to
protect al-]. work from the weather.
7.0 - TEMPORARY LIGHT, WATER~ ETC.
The Electrical Contractor shall furnish a system of temporary lightin~
and convenience outlets throughout the buildings conforming to NEC, OSHA,
and Union Minimum requirements. The work shall include all fees by the
Utility Comoany and energy charges for the work on this project. Service
shall be 20~ Amp minimum. In addition, the Electrical Contractor shall be
available for power turn-on for all hours of regular trades.
Water is available via the Village of Greenport water supply system.
Ail water used shall be metered by the Village and paid for by the General
Contractor. All temporary piping and appurtenances are to be provided by
this General Contractor. The meter will be provided by the Village.
GS-2 of 6
HOI..ZMACHER, McLENOON & MURRI:LL. P.C
GENERAL SPECIFICATIONS (CONT'D.)
Temporary Heat - The General Contractor shall protect his work from
freezing and maintain temperatures suitable for the progress of the work
in its various parts by means of approved salamanders, stoves, vents for
same. He will be held responsible for smoke damage to walls, ceilings
and other parts. The Contractor shall be solely responsible for all
damage due to frost and freezing.
8.0 - TEMPORARY SHEDS (FOR STORAGE)
The General Contractor shall provide and maintain on the premises,
where directed, watertight storage sheds for storage of all materials,
which might be damaged by weather, and shall remove them from the site
at the completion of the work.
9.0 - GENERAL PROTECTION
The Contractor shall place a sufficiency of red lights on or near
any work accessible to the public and keep them burning sunset to sun-
rise; he shall erect suitable railings or barriers, and shall provide
watchmen on the work by day or night, as required and deemed necessary
for the safety of the work on public or adjoining property.
The Municipality reserves the right to remedy any neglect on the
part of the Contractor as regards the protection of the work which may
come to its attention, after 24-hours notice in writing; except that in
cases of emergency, it shall have the right to remedy any neglect with-
out notice, and in either case to deduct the cost of such remedy from
money due the Contractor.
10.0 - PROTECTION OF EXISTING WORKS
Under no conditions shall the operation of the existing treatment
plant be impaired. The treatment plant shall remain in continuous opera-
tion throughout the entire construction period. All costs, labor mate-
rials and equipment required to meet this requirement shall be borne by
the Contractor. The Town reserves the right to halt the Contractor's
work, With no renumeration, therefore, when in the opinion of the Town,
the operation of the treatment plant is or may be impaired by the Con-
tractor.
In addition, should the Contractor impair, halt or otherwise stop
the operation of the treatment plant, the Town shall immediately take
all necessary measures to restore operation, and the costs thereof shall
be charged to and paid for by the Contractor.
Any by-pass necessary for completion of the work outlined under this
Contract must be approved by and coordinated with the New York State
Department of Environmental Conservation, Region I, Stony Brook, New
York.
GS - 3 of 6
O, ENEHAL SPECIFICATIOH$ (COMT'D.)
11.0_ JIECL.....A},..'"" ,v DETAILS !.!OT SPECIPICALLY [!E?!TIONED
All work that may be called for in the specifications and not shown
on the plans, or sho~.,n on the plans and not called for in the spec!fi, ca-
tions, shit] I. be furnished and executed by the Contract:or, as if desll.lna-
ted In both these wa~s, and should any v, orl: or material be renu!red wi,ich
is not denoted in the plans and specifications, either directly or indi-
rectly, but which Is nevertheless, necessary for the proper carryin~ out
of the intent thereof, It ia understood and agreed that the sarae is im-
plied and required and that the Contractor shall perform such wo~k and
furnish such materials as if they ~n:rc cor~pletely delineated amd de-
scribed.
12.0 - CASH ALLOI'ANCE
The ilunicipallty reserves the ri~'d'~t to deduct any or all cash allow-
ance hereafter mentioned and purchase such material referrefl to, deliver-
ing same to the Contractor who shall install sane complete. The Con-
tractor will be reimbursed when thcse allowances are exceeded or will be
required to give a deduction when the purchases do not equal the allow-
ances. Cash allowances referred to do not include installation unless
specifically mentioned, but the Contractor shall he required to install
same.
13.0 - PLA!!S ~ND .~PE(,!FICA~IO!!,~
This Contractor will be furnished six (g) sets of the plans and
specifications of his contract and one (1} set of plans for the other
contracts. Additional sets wiI1 be furnished at cost or reproduction.
One complete set of plans arid sDecifications shai1 be kept in a shelter-
ed place on the site.
14.0 - CLF. AUINO UP
The Contractor sl]all remove all debris and ~ubbish from the site
as fast as it accumulates durin~ the course of construction. On com-
pletion of the contract, and at the time of final inspection by the
Municipality, the premises shall be ].eft in s clean, presentable con-
dition, including but not limited to the foliov!inf~ items:
(a) General broom cleaning.
(b) Remove all mortar droo~,in~,s from f~oors, walls,
doors, windows, louvers, etc.
(c) Remove putty stains from ~.]pss. !.:"aoh and polish
glass inside and outside.
(d) Clean all floors of spots, paint, stains, marks,etc.
GS-4 of 6
GENERAL SI'I':CIF~CtVI'I~()I!S (COIIm,l~.)
(e) I:lemove ma,'Its, st, aJns, ['~nl,:erT, rint5, dirt ~ncl
soil from palnted an,; othe;-, finlshe(! surfaces.
15.0 __ VISIT TO I'!ORI.'. SITE P~IOH TO BID CIIEI'iI$SIOi!
The Conti'actor shall visit the site and:
(1) Con£irm the locations, dimc'nsions, utilities present,
soil conditions, ~-~ater levels.
(2) Confirm all dimensions whether shown on the drawin[{s
or not that pertain directly to the proF. osed worF.
D. If the Contractor requests the Town prior to receipt of
bids, he may, at his own expense, excavate and backfill for test holes.
C. I~'o claims shall be made by the Contractor durln~ construction
that he was unaware of certain di~ennions, locations, soil or .water
conditions, utilities and that additional work is, therefore, required.
16.0 __ SLEEVES AHD OPEMI.NGS
The Contractor shall be responsible for providing openings and/or
installing all sleeves furnished hy other contractors into the construc-
tion work and for installing ail open]nrs called for on the drawings.
Tile Contractor shall close all oDenings lnstolled by him after materials
have been inserted.
17.0 __ .gCi!EDULE OF wo.rl![
Within ten (10) days after signing of the Contract, the Contractor
shall submit, for approval to the Engineer a detailed construction schedul,
of the bar graph type. This schedule shall be corrected by the Contractor
as required by the Engineer in order to plan the progress of the work u~de~
the several Contracts. When approved, the schedule shall be strictly
adhered to. The Contractor shall expedite equipment, provide additional
labor, work overtime, as may be required to complete the work on schedule.
The General Contractor shall be responsible for coordinating the schedu~n¢
of all work to be performed under the remaining contracts.
18.0 _ !-~ATE!ITIGIiT STRUCTIIEZS
It is the intent of these plans and specificatio~!s to obtain water-
tight structures and tile Contractor shall, prosecute the work in such a
manner as to obtain this end. ![: the event of leakaue, the Contractor
shall make ail necessary repal~.~'- to the comnlete satisfaction of the
En~.lneer.
GS - 5 of 6
HOLZMACHER. McLENDON & MURR£LL PC
GENERAL SPECIFICATIONS (CONT'D.)
19.0 _ MAIHTAIilIH(~ FLOW OF f;E!"F. Df~~ ~.!ATER LIHF..q AND P. RAIH,';
The Contractor shall, at hi.'; own cost and expense, provide for and
ma/ntair~ the flow oF all sewer=, dra~n=, .'[nl(.t connocttc, ts and all t.,ater-
courses t.,h!cl~ may be me~ ~.r~l:h dur'in~ the pro,trees of ~h," ~or.l:. lie shall
hOC allow ~he con~en~ of any seuer, drain or lnle~ connection ~o rlo~
lnbo ~renches, ~ewers or other ~ru~.Curc5 ~o be e.ons~ruc~ed under ~he
con~rac~, exeep~ where v:rl[[en permi=s:lcn ls ~lven by ~he BnKineer and
shall, at his own expense, immediately remove and cart away From the
vicinity oF the work all oFFensive ~?a~ter, usin~ su:~h precautions in so
doing as may be directed by ~he En~-~neer.
The Contractor shall, at his own cost and expense, provide for and
maintain ~he Flow In all water madns or laterals which may be me~ with
during the progress o~ the worP. Ir: c~se oF an accidental breaking oF
water line, the repairs oF such breaL shall have priority over all other
operations.
20.0 -
All materials and equlpmer~t shall be properly and effectively pro-
tected, at least as follo%.,s:
(1) Equipment shall remain in their crates and/or cartons
and be covered with a %,aterproo? tarpaulin until the Contractor is ready
to install same and should thereafter be protected adequately by similar
means to prevent any dama(~e duFin~ construction.
(2) All pipe openings shall be temporarily closed so as to
prevent obstruction and damage.
Upon completion of Instal]ation, all equipment shall be uncovered,
thoroughly cleaned, and be in perfect condition.
21.0 TEMPORARY OFFICE
In addition to the requirements of the General Conditions of the
specifications, the General Contractor shall provide a separate office
for the Engineer, of at least 120 square feet. The office snail include
a desk, chair and filing cabinet. Suitable heat (70° during winter
months) and light shall be provided. The Contractor shall also maintain
on the site at all times a telephone available to the Engineer. All
telephone bills shall be paid by the Contractor. The Engineer's office
and telephone shall remain at the site until all major work including
fine grading has been completed. The General Contractor shall provide
separate electrical service for the trailer, and pay. all energy charges.
22.0 - NOISE CONTROL
Noise control measures including the use of adequate mufflers
shall be utilized on machinery.
GS - 6 of ~
HOLZMACHER, McLENDON & MURRELL, P.C. I H2M CORP.
CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS
PROPOSAL - BIDDER'S DECLARATION
TO THE TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF
NEW YORK:
BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the
only person or persons interested in this Bid or Proposal as prin-
cipal or principals is or are named herein and that no other person
than herein named has any interest in this Proposal or in the Contract
proposed to be taken; that this Bid or Proposal is made without any
connection with any other person or persons making a Bid or Proposal
for the same purpose; the Bid or Proposal is in all respects without
fraud or collusion, that he has examined the site of the work, the
Form of Contract and Specifications, and the Drawings therein referred
to, and has read the Notice to Bidders, Information for Bidders and
General Conditions hereto attached and fully understands all the same;
that he proposes and agrees, if this Proposal is accepted, that he
will contract with the TOWN BOARD of the TOWN OF SOUTHOLD in the
Form of Contract accompanying this Bid, to perform all the work re-
quired in accordance with the Plans and as mentioned in said Form of
Contract, Specifications, Notice to Bidders, Information to Bidders
and General Conditions, and he will accept in full payment, therefore,
the following sums to wit:
P-A
~ HOLZMA(~HE,~. McLENDON & MUF{RELL P (;
PROPOSAL (CONT*D.)
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
BASE BID
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
BID DATE: FEBRUARY 21, 1984
The undersigned further understands and agrees that he is to fur-
nish all labor, material, equipment, supplies and other facilities
necessary and required for the execution and completion of:
FEDERAL PROJECT NO. C-36-1120-03
(STATE CONTRACT AND CONTRACT NO.)
in strict accordance with the Contract Documents for the lump sum price
of:
(WRITTEN
(WRITTEN IN WORDS)
, which is the Base Bid.
IN FIGURES)
P-B - 1
~,~ HOLZMACHER. McL£NDON & MURRFLL, PC
PROPOSAL (CONT~D.)
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
ALL WORK SHALL BE
(SATURDAYS, SUNDAYS AND
THE CONTRACT.
COMPLETED WITHIN 455 CALENDAR DAYS (1-1/4 YEARS)
HOLIDAYS INCLUDED) FROM THE DATE OF SIGNING OF
LIQUIDATED DAMAGES FOR DELAY BEYOND THE COMPLETION DATE SHALL BE
THREE HUNDRED FIFTY DOLLARS ($350.00) PER DAY FOR EACH AND EVERY CALEN-
DAR DAY (SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED).
CONTRACTOR:
ADDRESS:
SIGNED BY:
TITLE:
DATE:
P-B - 2
~/~ HOLZMACHER, McL£NDON & MURRI:LL. P C
PROPOSAL - CONT'D. BIDDER'S DISCLOSURE STATEMENT
Enclose certified check or bid bond for five percent (5%) of the
total bid, as stipulated in the Foregoing Information for Bidders.
The Bidder hereby agrees to enter into a contract within seven
(7) days after due notice from the Town Board, Town of Southold that
the contract has been awarded to him and is ready for signature,
such notice to be given in writing within forty-five (45) days of
the date of opening of the bids, and on the signing of such contract
by him to furnish the indemnifying bonds as provided in the
Contract.
And the Bidder hereby futher agrees that in the event of his failure
or refusal to enter into a contract in accordance with this bid within
seven (7) days after due notice from the said Town Board that the con-
tract has been awarded to him and is ready for signature, as given in
accordance with the Information for Bidder, and/or his failure to
execute and deliver the bond for the full amount of the contract price
as provided in said Information for Bidders, that the bidder's check
which is herewith deposited with the Town Board shall, at the option of
the said Board, become due and payable as ascertained and liquidated
damages for such default, otherwise the said check shall be returned
to the undersigned.
The full name and residences of all persons and parties interested
in the foregoing bid as principals are as follows:
NAME ADDRESS
NAME OF BIDDER:
BUSINESS ADDRESS OF BIDDER:
TELEPHONE NUMBER: (DAY)
(NIGHT)
DATED AT: THE DAY OF
P-C
HO~.MACH~R. McLENDON & MtJRR~.LL. P C
PROPOSAL - CONT'D. - NON-COLLUSIVE BIDDING CERTIFICATE
NON-COLLUSIVE BIDDING CERTIFICATE
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 of perjury, that to the best of knowledge and belief:
1. 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;
2. Unless otherwise required by law, the prices which have
been quoted in this 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 com-
petitor; 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.
Dated: Southold, New York
, 19
BY:
If this bidder cannot make foregoing certification, a statement
signed by the bidder is attached setting forth in detail the reasons
therefore:
P-D
~'-~l~ HO~MACHER. McLENDON & MURRELL. P.C
METHOD OF PAYMENT
TOWN OF SOUTHOLD
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
FEDERAL PROJECT NO. C-36-1120-03
CONTRACT NO. 2 - HEATING, VENTILATION & AIR CONDITIONING
This Contract is a Lump Sum Contract. Ail Items of work, labor
and materials required by the Contract Drawings, Information for
Bidders, General Conditions, Specifications or otherwise required
for the proper completion of the Contract are to be included in the
Total Bid.
MOP - 1 of 3
~ HOLZMACHER, McLENDON & MURR~LL, PC
METHOD OF PAYMENT (CONT'D.)
TOWN OF SOUTHOLD
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
FEDERAL PROJECT NO. C-36-1120-03
CONTRACT NO. 3 - PLUMBING
This Contract is a Lump Sum Contract. Ail items of work, labor
and materials required by the Contract Drawings, Information for
Bidders, General Conditions, Specifications or otherwise required
for the proper completion of the Contract are to be included in the
Total Bid.
MOP 2 of 3
~ HOLZMACHER. McLENDON & MURRELL, P.C
METHOD OF PAYMENT (CONT'D.)
TOWN OF SOUTHOLD
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
FEDERAL PROJECT NO. C-36-1120-03
CONTRACT NO. 4 - ELECTRICAL
This Contract is a Lump Sum Contract. Ail Items of Work, labor
and materials required by the Contract Drawings, Information for
Bidders, General Conditions, Specifications or otherwise required
for the proper completion of the Contract are to be included in the
Total Bid.
MOP - 3 of 3
CONTliACT
CONTRACT IN QUADRUPLICATE FOIl
AT TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, dated
, 19 , BY AND BETWEEN THE ~WN BOARD OF THE TOWN
OF SOUTHOLD. SUFFOLK COUNTY, NEW YORK, (herein called the "Town," and
(herein called the Contractor ).
WITNESSETH, that tile Town and the Contractor, in consideration of
the premises and of the mutual covenants, considerations and agreements
herein contained, agree as follows:
This Contract is hereby awarded to the Contractor for the work
and material called for under his bid in the Proposal section of the
Contract and designated as Items:
and if required by tile Consulting Engineer, Items:
for the sum of:
. ($ )
Ool tars
for the unit and/or lump-sum price(s)
as listed in the Proposal herein.
C- l
HOLZMACH£R, McL~NO0~ & MURR£LL I'.C. / H~M C~RP.
CO~.~UL'rlN(] ~O, IN[/~qll AND [NVI~ONIdF..NTAK ~CII[:~TIII'}
CONTI{^Cq' - CON'I'*I).
1. CONTRACT DOCUMENTS AND DEFINITIONS
Time Notice to Bidders, Information for Bidders, Proposal,
Oe,{eral Conditions, Coutract, Specifications and Pla,Is, togetl{er
with ally Adde,lda, shall form part of this Coutract, and tile pro-
visions tl~ereof shall be as binding upon the parties hereto as
if they were herein fully set forth. Tile titles, headings, ilead-
lines and marginal notes contained herein are solely to facilitate
reference to various provisions of tile Contract Doct, ments and in
no way affect, limit or cast light upon the interpretation of tl{e
provisions to which they refer. Whenever the term ,'Contract Docu-
ments'' is used, it shall mean and include this Contract, tile Plans,
Specifications, any Addenda, and the Notice to Bidders, Information
for Bidders, General Conditions and Proposal. Iu case of any con-
flict or inconsistency between the provisions of [he Contract and
those of time Specifications, the provisions of tl~e Contract shall
govern.
WORK: The'term "Work", as used herein, refers to all of the
work proposed to be accomplished at time site of the project and
all such other work as is in any manner required to acco,nplisll
the completed project, and includes all plant, labor, materials,
supplies, equipment and other facilities aud acts necessary or
proper for or incidental to tile carrying out and completion of
the terms of this Contract. Tile term "work performed" shall be
construed to include material delivered to and suitably stored
at the site of the project.
EXTRA WORK: The term,"Extra Work", as used herein, refers
to an~ includes all w(Yrk required by the,TOwn which, in the
Judgment of the Engineer, 2nvolves,changes in or additions to
work required by the Plans, Specifications and ally Addenda in
their present form.
SUBCONTRACTOR: The term "Subcontractor", as used herein,
shall mean any person, firm or corporation applying labor and
material for work at the site of the project, but not including
tl,e parties to this Contract.
ENGINEER: Ill the performance of ti{e work, the Town shall
be represented by its Co,lsulting Engineer HOLZMACHER, McLENDON &
MURRELL, P.C., (herein called tile "Engineer").
C-2
HCY~TMACti£R. McL£NOOf4 & MURR[U~ P.C. / tt2M CORP.
CONTRA(TI' - CON'I" D.
NOTICE - The term "Notice", as nsed hereiu, shall mean and
include written notice. Writteu notice shall be deemed to have
been duly served when delivered to~ or at the last known business
address of, the person, firm or corporation for whom intended or
to his, their, or its duly authorized agents, representatives or
officers, or when enclosed in a postage prepaid wrapper or enve-
lope addressed to such person, firm or corporation at I~is, their,
or its last known business address and deposited in a United
States Mail Box.
DIRE~ED, REQUIRED, APPROVED, ACCRUABLE - Whenever they refer
to tile work, or ~s performance, "directed", "required", "permitted",
"ordered", "designated", "prescribed", and words of l~ke import
shall imply the direction, requirement, perm/ss/on, order, designa-
tion or prescription of the Engineer, and "approved"~ "satisfied",
or "satisfactory", "in the judgment of", and words of like import,
shall mean approved or acceptable to, or satisfactory to, in the
judgment of the Engiueer.
2. SCOPE OF THE WORK
The Contractor will furnish all plant, labor, material,
snpplies, equipment and other facilities and things necessary
or proper for or incidental to, the work contemplated by this
Contract as required by, and in strict accordance with, the
applicable Plans, Specifications and Addenda prepared by the
Engineer and/or required by and in strict accordance with,
such changes as are ordered and approved pursuant to this
Contract, and will ~erform all other obligations imposed on
him by the Contract.
3. COMPENSATION TO BE PAID TO THE CONTRACTOR
(a) Agreed Prices: It is understood and agreed that the Con-
tractor will accept as payment in full the summation of products,
of the actual quantities in place upoe the completion of the work,
as determined by tile Engineer's measurements by the unit prices
bid, no allowance being made for anticipated profit or for reason
of variations from the estimated quantities set forth in tile
Pr oposa 1.
(b) Extra Work and/or Changes: The Town may, at any time, by
a written order, and without notice to the sureties, require the
performance of such extra work or changes in the work as it may
find uecessary or desirable. Tile amount of compensation to be paid
to tile Co,~tractor for any extra work, as so ordered, shall be
determined as foiiows:
C-3
CONTRACT - CONT'D.
(1) By such applicable unit prices, if any, as set forth
ill tile contract, or
(2) If no such unit prices are set forth, then by unit prices
or by a lump sum mutually agreed upon by tile Town and the Con-
tractor, or
(3) If no such unit prices are set forth, and if tile parties
cannot agree upon unit prices or a lump sum, then by actual net
cost in money to the Contractor of the materials, permits, wages,
or applied labor, premiums for Workmen's Compensation Insurance,
payroll taxes required by law, rental for plant and equip~nt
used (excluding small tools) to which total cost will be added
twenty percent (20%) as full compensation for all other items of
profit, costs and expenses, including administration, overhead,
superintendence, insurance, insurance other than Workmen's Compen-
sation Insurance, material used in temporary structures,
allowances made by the Contractor to subcontractors, additional
premiums upon the Performance Bond of the Contractor and tile use
of small tools.
4. TIME OF ESSENCE
Inasmuch as the provisions of this Contract relating to the
time for performance and completion of the work are for the purpose
of enabling the Town to proceed with the construction of a public
improvement, in accordance with a predetermined program, such pro-
visions are of the-essence of this Contract.
5. COMMENCEMENT OF WORK
The Contractor agrees that he will commence work within ten
(lO) consecutive calendar days after signing this Contract, and
that the day he commences work shall constitute the first of the
consecutive calendar days allowed for completion of the work.
C-4
H(X.ZMACHERo McLE. NDON & MURREI.L, P.C. / H2M CORP,
CONTRACT - CONT'D.
6. TIME FOR COMPLETION
The time for completion of this Contract shall be within the
number of calpndar days stated in the Bid Proposal and the date
of such completion shall be the date of the certificate of com-
pletion hereina~ter specified.
The Town reserves the right to order the Contractor to
suspend operations when, in the opinion of the Engineer, impro-
per weather conditions make such action advisable, and to order
the Contractor to resume operations when weather and ground con-
ditions permit. The days during which such suspension of work is
in force are not chargeable against the specified completion time.
7. LIQUIDATED DAMAGES FOR DELAY
The time limit being essential to and of the essence of this
Contract, the Contractor hereby agrees that the Town shall be,
and is hereby'authorized to deduct and retain out of the money
which may be due or may become due to said Contractor under this
agreement,the sum of three hundred and fifty dollars ($350.00) per dav
is hereby agreed upon, fixed and determined by the pa~ties hereto
as the liquidated damages, including overhead charges, services,
inspector's wages, and interest on the money invested, that the
Town will suffer by reason of such default, for each and every
day during which the aforesaid work may be incomplete over and
beyond the time herein stipulated for its completion, provided,
however, that the Town shall have the right to extend the time
for the.completion of said work.
8. EXTENSIONS OF TIME - NO WAIVER
If the Contractor shall be delayed in the completiqn of bls
work by reason of unforeseeable causes beyond his control ~d with-
out his fault, or negligence, including but not restricted to Acts
.of God or of any public enemy, acts or neglect of the Town;
acts or neglect of any other Contractor, fires, floods, epidemics,
quarantine r~$trictions, strikes, riots, civil commotion or freight
embargoes, the period herein above specified for completion of his
work shall be extended by such time as shall be fixed by tho Town.
No such extension of time shall be considered a waiv6~ by the
Town of its right to terminate the Contract for abandonment or
delay by the Contractor as hereinafter provided or re~eve the
Contractor from full responsibility for performance Of his ~bliga-
tions hereunder.
C-$
RT
CONTRACT - CONT'D.
I-J~_j~ HOLZMACHER, McLENDON & MURRELL. P.C.
9. CONTRACT SECURITY
(a) The Contractor shall deliver to the Town executed bonds in the
amount of one hundred percent (100%) each of the accepted bid as a
security for the faithful performance of his contract and for the pay-
ment of all persons performing labor or furnishing materials in con-
nection therewith, prepared on the Standard Form of Bond of American
Institute of Architects A-311 and having as surety thereon such surety
company or companies as are acceptable to the Town and as are authorized
to transact business in the State of New York.
(b) Additional or Substitute Bond(s): If, at any time, the Town
shall be or become dissatisfied with any surety or sureties, then
upon the Performance Bond or Payment Bond, or if, for any other
reason, such bond shall cease to be adequate security to the Town,
the Contractor shall, within five (5) days after notice from the Town,
substitute an acceptable bond(s) in such form and sum, and signed by
such other surety as may be satisfactory to the Town. The premiums
on such bonds shall be paid by the Contractor. No further payments
shall be deemed due, nor shall be made, until the new surety shall
have been qualified.
(c) Prior to release of the Performance Bond, the Contractor shall
deliver to the Town a Maintenance Bond equal to one hundred percent
(100%) of the total Contract price, including all extras. This Main-
tenance Bond shall remain in full force and effect for a period of one
(1) year after the date of the final payment request prepared by the
Engineer, and such bond, which shall be executed by the Contractor and
issued by a reliable, solvent surety company authorized to do business
in the State of New York shall guarantee to the Town that the Contractor
shall promptly remedy any defects or faults that may occur within
twelve (12) months after completion and acceptance of the work performed
by the Contractor pursuant to this Contract.
lO. CONTRACTOR'S INSURANCE
The Contractor shall not commence any work until he has obtained
and had approved by the Town all of the insurance required under
this Contract, as enumerated herein:
Compensation Insurance
Public Liability and Property Damage Insurance
Contractor's Protective Liability and Property
Damage Insurance
Owner's (Town of Southold) and Engineer's Pro-
tective Public Liability and Property Damage
Insurance
Automobile Public Liability and Property Damage
Insurance
SOHT8206_FED 0-6
HO~7.J~ACHER, McL[NDO~ & MURRFII. P,C. ! H2M CO~P.
CONTRACT - CONT'I).
The Contractor shall name the Town of Southold and the Inc.
village of Greenport as the insured parties in all policies.
The Contractor shall not permit any subcontractor to commence
any operation on the site until satisfactory proof of carriage of
the above required insurance has been posted with, and approved
by, the Town.
(a) Compensation Insurance: The Contractor shall take out
and maintain, during the life of this Coutract, Workmen's Compensation
Insurance for all of his employees employed at the site of the pro-
ject, and in any case of ally of tile work being sublet, the Contractor
shall require the subcol~tractor similarly to provide Workmen's Com-
pensation Insurance for all of the latter's employees, unless such
employees are covered by the protection afforded by the Coutractor.
(b) Public Liability and Property Damage Insurance: The Con-
tractor shall take out and maintain duriug the life of this Contract
sucl~ Public Liability and Property Damage Insurance as shall pro-
tect him and ahy subcontractor performing work covered by this
Contract for claims for damages for personal injury, including
accidental death, as well as from claims for property damage which
,,ay arise from operations under this Coutract, whether such opera-
tions be by himself or by any subcontractor, or by anyone directly
or indirectly employed by either of them, and the amounts of such
insurance shall be as follows:
Public Liability Insurance in the amount not less than Five
Hundred Thousand Dollars ($500,000.) for bodily injuries, including
wrongful death to any one person, and subject to the same limit
for each person in an amount not less than One Million Dollars
($1,000,000.) on account'of one a~cident.
Property Damage Insurance in an amount not less than One
Hundred Thousand Dollars ($500,000.) for damages on account of
any one accident and in an amount of not less than Two Hundred
Thousand Dollars ($1,000,000.) for damages on account of all accidents.
The Public Liability and Property Damage Insurance shall
include as additional named insureds: The Town of Southold and
The Inc. Village of Greenport.
(c) Liability and Property Damage Insurance: The above
policies for public liability and property damage insurance must
be so written as to include Contractor's Protective Liability and
Property Damage Insurance to protect the Contractor against
claims arising from the operations of any subcontractor.
C-7
HO~ZMACH£R, McLF..NOON & MURR£L{.~ P.C. / H2M CO~P.
CON'I'I{AC~F - CONT' D.
(d) Owner's and/or Engineers Protective Public Liability and
Property Damage Insurance: (Town and/or Town Board, Town of
Southold and/or Bolzmacher, McLendon & Murrell, P.C.) The Con-
tractor shall furnish to the Town with respect to the operations
he or any of his subcontractors perform, a regular Protective
Public Liability Insurance Policy for and in behalf of the Town
and/or Town Board, Town of Southold and/or Holzmacher, McLendon &
Murre11, P.C., providing for a limit of not less than $1,000,000.
for all damages arising out of bodily injuries to, or death of
one person and subject to that limit for each person, a total
limit of $3,000,000. for all damages arising out of bodily inju-
ries to, or death of, two or more persons in any one accident;
and regular Protective Property Damage Insurance providing for a
limit of not less than $500,000. for all damages arising out of
injury to, or destruction of, property in any one accident and
subject to that limit per accident a total (or aggregate) limit
of $1,000,000. for all damages arising out of injury to, or des-
truction of property during the policy period. The insurance must
fully cover the legal liability of the Town and/or Town Board,
Town of Southold as owner and/or Holzmacher, McLendon & Murrell, P.C.
The coverage provided under this policy must not be affected if
the Town and/or Engineer performs work in connection with the project
either for, or in cooperation with, the Contractor or as an aid there-
to, whether the same be a part of the Contract or separate there-
from, by means of its own employees or agents, or if the Town
and/or Engineer directs or supervises the work to be performed by
the Contractor.
(e) Automobile 'Public Liability and Property Damage Insurance:
The Contractor shall rake';out and~maintain during the life of the
Contract such automobile public liability and property damage
insurance as shall protect him and any subcontractor performing
work covered by this contract from claims for damages for personal
injury, including accidental death as well as from claims for
proper'ty damage which may arise from operations under this Con-
tract, whether such operations be by himself or by any subcontractor,
or by anyone directly or indirectly employed by either of them and
the amounts of such insurance shall be as follows:
C-8
HOLZMACH£R, McLENOON & UUR9IfIl_ P.C. ! H2M CO~P.
CON'I'II^CT - CONT' I).
Automobile Public Liability Insurance in an amount not less
ttlan Five Ilundred Thousand Dollars ($500,000.) for bodily injuries,
including wrongful death by any one person, and sub.ject [o [lie
same limit for each person in all amount not less than O,le Million
Dollars ($1,000,000.) ou account of one accident.
Automobile Property Damage Insurance in an amount of not
less than One Hundred Thousand Dollars ($100,000.) for damages
on account of any one accident and in an amolint of not less than
Two Hundred Thousand Dollars ($200,000.) for damages on account
of all accidents.
Il. PROOF OF CARRIAGE OF INSURANCE
The Contractor shall furnish tile Town with certificates
of each insurer insuring the Contractor or any subcontractor
under this Con'tract, except with respect to subdivision (d) of
Paragraph 10. In respect to this paragraph, the Contractor shall
furnish the Town with the original insurance policy and a copy
to the Engineer.
Both certificates, as furnished, a~ the insurance policy, as
required, shall bear the policy numbers, the expiration date of the
policy and the limit or limits of liability thereunder. Both the
certificates and the policy shall be further eadorsed to provide
tile Town and Engineer with any notice of cancellation at least
five (5) days prior to the actual date of such cancellation.
C-9
HOLZMACH£R. McLF..~DO~ & MUR~'Im_ ~'.C. / H2M CORP.
CONTI~ACT - CONT' D.
12. COMPLIANCE WITIt LABOR AND PENAL LAWS
The Contractor hereby expressly agrees to comply with all the
provisions of tl~e Labor Law and any and all amendments thereto,
insofar as tile same are applicable to this Contract. The Labor
Laws, as amended, provide that no laborer, workman or mechanic
in the employ of the Contractor, subcontractor or other person
doing or contracting to do the whole or a part of the work con-
templated by this Contract, shall be permitted or required to
work more tllan eight (8) hours in any one calendar day, except
in cases of extraordinary emergency caused by fire, flood, or
danger to life or propertYl that no such person shall be employed
more than eight (8) Iiours in any day or more than five (5) days
in any week, except in such emergency; that tile wages to be paid
for a legal day's work as ilereinbefore defined, to laborers,
workmen, or mechanics upon the work called for under this Con-
tract, or for any materials used upon or in connection therewith,
si]all not be less than the prevailing rate for a day's work in
the same trade'or occupation in the locality within tile State
where such work is to be done and each laborer, workman or
mechanic employed by the Contractor, subcontractor, or other
person about or upon the work shall be paid tl~e wages I~erein
provided; that employees engaged in the construction outside the
limits of cities and villages are no longer exempt from the pro-
visions of the Labor Law which required the payment of the pre-
vailing rate of wages and the eight (8) hour day.
Section 222 of the l~abor Law, as amended by Chapters 556
and 557 of the Laws Of 1933, provides that preference in employ-
ment shall be given to ci~izens o~ the State of New York who
have been residents of Suffolk County for at least six (6)
consecutive months immediately prior to the commencement of
their employment. Each person so employed shall furnish satis-
factory proof of residence, in accordance with rules adopted
by the Industrial Commissioner. Persons other than citizens
of the State of New York shall be employed only when such
citizens are not available. Section 222 further provides that
upon the demand of the State Industrial Commissioner, the Con-
tractor shall furnish a list of names and addresses of all llis
subcontractors and further provides ~at a violation of this
section shall constitute a misdemeanor and shall be punisilable
by a fine of not less than Fifty Dollars ($50.00) nor more than
Five Hundred Dollars ($500.00) or by imprisonment for not less
than thirty (30) days nor more than ninety (90) days, or both
fine and imprisonment.
C-10
HOLZMACH£R. McLENDON & MURR£LL, P.C. I H2M
CONTI[ACT - CONT' D.
Section 220A of the Labor Law, as amended by Chapter 472
of the Laws of 1932, provides that before payment is made by
or on behalf of the State or any City, County, Town or Village
or other civil div£sion of ti~e State, of any snms due on
account of a contract for a public improvement, it ~ the duty
of the Comptroller or. the financial officer of the Municipal
Corporation to require the Contractor and each and every sub-
contractor to file a certified statement in writing, in satis-
factory form, certifying to the amounts then due and owing to
any and all laborers for daily or weekly wages on account of
labor performed upon the work of the Contract, setting forth
therein the names of the persons whose wages are unpaid and
the amount due each, respectively.
Section 220-B of the Labor Law, as so amended, provides
that any interested person who shall have previously filed a
protest in writing objecting to the payment to any Contractor
or subcontractor to the extent of the amount or amounts due or to
become due to ~im for daily or weekly wages for labor performed
on the public improvement for which the Contract was entered
intO, or if, for any other reason, it may be deemed advisable,
the Comptroller of the State or other financial officer of the
Municipal Corporation may deduct from the whole amount of any
payment on account thereof the sum or sums admitted by any
Contractor or subcontractor in-such statement or statements
so filed to be due and owing by him on account of labor per-
formed and may withhold the amount so deducted for the benefit
of the laborers for daily or weekly wages, whose wages are
unpaid as shown by the verified statements filed by any Con-
tractor or subcontractor and may pay directly to any person
the amount or amounts so ,shown to.be due for such wages.
Section 220-C of the Labor Law, as so amended, provides
the penalty for making of a false oath or verification.
Section 220-D of the Labor Law provides that the advertised
specifications for every Contract for the construction, recon-
struction, maintenance and/or repair of highways to which the
State, County, Town and/or Village is a party shall contain the
provision stating the minimum rate of hourly wage that can be
paid, as shall be designated by the Industrial Commissioner,
to the laborers employed in the performance of the Contract,
either by the Contractor, subcontractor or other person doing
or contracting to do the whole or part of the work contemplated
by the Contract, and the Contract sba11 contain a stipulation
that such laborers shall be paid not less than. such hourly minimum
rate of wage. Any person or corporati)n that willfully pays
C-11
HOLZMACHER. McLENEX~N & MURRELL, P.C. / H2M CORP.
CONTI{ACT
CONI D.
after entering into such contract less thau such stipulated
minimum hourly wage scale shall be guilty of a misdemeanor and,
npon conviction, shall be punished for a first offense by a
fine of Five Hundred Dollars ($500.00) or by imprisonment for
not more than thirty (30) days, or by both fine and imprisonment
for a second offense by a fine of One Thousand Dollars ($1,000.00)
and, in addition thereto, the Contract on which the violation has
occurred shall be forfeited; and no such person or corporatioa
shall be entitled to receive auy sum or nor sisal1 any officer,
agent or employee of tile State pay the same or authorize its
payment from tie funds under his charce or control to any person
or corporation for work done upon any contract, on which ti~e
Contractor has been convicted of second offense in violation of
tile provisions of this Section.
The minimum wage rates established by the Industrial Com-
missioner, State of New York, for this Contract, are as set
forth in the Information for Bidders.
Section 1918 of the Penal Law, as amended, provides that
no person shall discharge explosives in the ground, nor shall
any person other than a state or county employee regularly
engaged in the maintenance and repair thereof excavate iu any
then existing street, highway, or public place, unless notice
thereof in writing shall have been given at least seventy-two
hours in advance to the person, corporation or municipality
engaged in the distribution of cas in such territory. The
person havinC direction or control of such work shall give such
notice and further, he shall ascertain whether there is within
one hundred feet of such street, highwa~ or public place, or in
the case of a proposed discharge of explosives within a radius
of two hundred feet of such discharge, any pipe of any person,
corporation or municipality conveying combustible gas, and if any
emergency involving danger to life, health or property, it shall
be lawful to excavate without using explosives if the notices
prescvibed herein are given as soon as reasonably possible, and
to disharge explosives to protect a person or persons from an
immediate and substantial danger of death or serious personal in-
jury if such notices are given before any such discharge is under-
taken. Any such work shal! be performed in such manner as to
avoid damage to pipe conveying combustible gas. Any violation
of the provisions of this Sectiou shall be a misdemeanor.
C-12
HO~ZMACH£R, Mci[NOON & MURR£LL. P.C. / tl2M CORP.
C'ONTI~^(~'T - CONT' D,
13. QUALIFICATIONS FOIl EMPLOYMENT
No person under the age of sixteen (16) years, and no person
currently serving sentence in a penal or correctional institution
shall be employed to perform ally work on the project under this
Contract. No person whose age or physical condition is such as
to make his employment dangerous to his health or safety, or the
health and safety of others, shall be employed to perform any
work on this project; provided, however, that such restriction
shall not operate against the employment of physically h:Endi-
capped persons, otherwise employable, where each person alay be
safely asslgned to work which they can ably perform.
14. NON-DISCRIMINATION
There shall be no discrimination because of race, creed or
color ill tile employment of persons for work under this Contract,
whether performed by the Contractor or any subcontractor. Neither
shall the Contractor or any subcontractor discriminate ill any
manner against or intimidate any employee hired for the perform-
ance of work under this Contract on account of race, creed or
color.
There may be deducted from the amount payable to the Con-
tractor by the Town under this Contract a penalty of Five Dollars
($5.00) for each person for each calendar day during which such
person w~s discriminated against or intimidated in violation of
the provisions of this paragraph;,provided that for a second or
any subsequent violation of the terms of this paragraph, this Con-
tract may be canceled or terminated by the Town and all monies
due or to become due hereunder may be forfeited.
15. PAYMENT OF EMPLOYEES
The Contractor and each of his subcontractors shall pay each
of his employees engaged in work on this project nnder this
Contract in full (less deductions made mandatory by law) in cash
and not less often than once each week.
C-13
~,~ HOLZMACHER, McLENDON & MURRELL P.C.
CONTRACT - CONT'D.)
16. ESTIMATES AND PAYMENTS
(a) Monthly: At the end of each calendar month during the
progress of the work,.the Engineer shall make up an approximate
estimate of the work done and the materials furnished, based upon
the prices set forth in the Proposal. In consideration of the
work done and the materials furnished, the Town will pay or cause
to be paid to the Contractor the amount estimated by the Engineer
as due him, less a sum equal to ten percent (10%) of such amount up
to the 50% completion point, five percent (5%) thereafter, to satisfy
any claims, liens or judgments against the Contractor which have not
been suitably discharged. The making of any such estimate or payment
made thereon shall not be taken or construed as an acceptance by the
Engineer or the Town of any work so estimated and paid for. The amount
of the monthly estimate remaining unpaid will be retained by the Town
as a guarantee that the Contractor will faithfully and completely ful-
fill all obligations imposed by the Contract and Specifications, and
against any damages incurred by the Town by reason of any failure on the
part of the Contractor to fulfill all conditions and obligations herein
contained. All partial payments are subject to correction in any sub-
sequent payment. The retained amounts shall be paid as set forth in
16(b).
(b) Final Payment Request: Thirty (30) days after the Contractor
shall have substantially completed the work required of it under the
Contract, the Engineer will prepare a final payment request of all work
done. Thereafter, the Town will pay to the Contractor the remaining
amount of the Contract balance, less a sum equal to two (2) times the
value of any remaining items to be completed, and less an amount necessar~
to satisfy any claims, liens or judgments against the Contractor which
have not been suitably discharged. As the remaining items of work are
satisfactorily completed or corrected, the Town shall promptly pay, upon
receipt of a requisition for these items less an amount necessary to
satisfy any claims, liens or judgments against the Contractor which have
not been suitably discharged. Any claims, liens and judgments referred
to in this section shall pertain to the project and shall be filed in
accordance with the terms of the applicable contract and/or applicable
laws.
(c) In order to secure the performance of the covenant of the
Contractor, prior to release of the Performance and Payment Bonds, the
Contractor shall deliver to the Town a Maintenance Bond equal to one
hundred percent (100%) of the total contract price, including all extras.
This Maintenance Bond shall remain in full force and effect for a period
of one (1) year after the date of the final payment request and such
bond, which shall be executed by the.Contractor and issued by a reliable,
solvent surety company authorized to do business in the State of New York
shall guarantee to the Town that the Contractor shall promptly remedy
any defects or faults that may occur' within twelve (12) months after
completion and acceptance of the work performed by the Contractor pur-
suant to this Contract.
HOLZMACH£R. McLF~IDOiN & MURRITA.L. /'.C. / H21d CO/~P.
co~$uLrlNo ~NQINF.7.Ri ANO f2dVIRONMIE~IfA~ ~(:II[:NTISTI
CONTIIACT - CONT'D.
(d) Measurements for Payment: The Engineer shall make due
measurement of the work done during the progress of the work and his
estimate shall be final and conclusive evidence of the amounts of work
performed by the Contractor under, and by virtue of, this agreement,
and shall be taken as the full measure of compensation to be received
by the Contractor. When requested by the Contractor, the Engineer shall
measure, re-measure or re-estimate any portion of the work; but the
expense of such remeasurement or re-estimating shall, unless material
error be proved, be paid for by the Contractor.
17. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by the Contractor of the final payment shall be,
and shall operate as a release to the Town from all claims and all
liabilities to the Contractor for all tilings done or furnished in
connection with this work and for every act and neglect of the
Town and other relating to, or arising out of, this work, excepting
the Contractor's claims for interest upon the final payment, if
this payments be improperly delayed. No payment, however, final or
otherwise, shall operate to release the Contractor or his sureties
from any obligations under this Contract or tile Performance Bond.
18. CONSTRUCTION REPORTS
The Contractor shall, submit to the Engineer prior to the
commencing of any work under this Contfact a detailed schedule and
plan of operation, indicating the,manner in which the Contractor
proposes to prosecute ~he work, and a time schedule therefore.
Such ~chedules are not intended to bind the Contractor to a pre-
determined plan or procedure, but rather to enable the Engineer
to coordinate the work of the Contractor with work required of and
to be~performed by others.
The Contractor shall furnish the Engineer with periodic esti-
mates for partial payments as required elsewhere in the Contract
documents and, in addition thereto, will furnish the Engineer with
a detailed estimate for final payment. Prior to being eligible to
receive final payment under this Contract, the Contractor shall
furnish the Engineer witl~ substantial proof that all bills for
services rendered and materials supplied have been paid. The
enumeration of the above reporis in no way relieves the Contractor
of his responsibility under existing Federal or State laws of
filing such other reports with agencies other than the Town
as may be required by such existing laws or regulations.
C-15
CON'I'It^CT - CONT'I).
19. INSPECI'ION AND TESTS
Ail material and workmanship shall be sub.jeer to inspection,
examination and test by tile Engineer and other represeutatives
of tile Town at any time during the construction and at any and
all places where manufacturing of materials used and/or construct-
tion is carried on.
Without additional charge, the Contractor shall furnish
promptly all reasonable facilities, labor and materials i~eces-
nary to make tests so required safe and convenient.
If, at any time, before final acceptance of the entire
work, the Engineer considers necessary or advisable an examin-
ation of any portion of the work already completed, by removing
or tearing out the same, the Contractor shall, upon request,
furnish promptly all necessary facilities,~ labOr and materials
for such examination. If such work is found to be defective in
any material respect, due to the fault of the Contractor or any
subcontractor, or if any work shall be covered over without the
approval or consent of the Engineer, whether or not the same shall
be defective, the Contractor shall be liable for the expenses of
or such examination and of satisfactory reconstruction.
If, however, such approval and consent shall have been given,
and such work is found to meet the requirements of this Contract,
the Contractor shall be recompensed for the expense of such examin-
ation and reconstruction in the manner herein provided for the
payment of costs of extra work.
The selection of laboratories and/or agencies for the in-
spection and tests of ~Upplies, materials or equipment shall be
subject to the approval of the Engineer. Satisfactory documen-
tary/evidence that the material has passed the required inspec-
tion and test must be furnished the Engineer prior to the incor-
poration of the material in the work.
Any rejected work shall be removed from the site of the
project completely at the expense of the Contractor.
C-I6
t~X.ZMACHER, McLF=NKX)f4 & MURRELL P.C. / H2M
CONTItACT - CONT' I).
20. PLANS AND SPECIFICATIONS - INTERPRETATIONS
The Contractor shall keep at tile site of tile work one copy of
time Plans and Specifications signed and identified by tile Engineer.
Auything shown on the Plans and not mentioned iu the Specifications
or mentioned in the Specifications and not shown on the Plans shall
have the same effect as if shown or mentioned respectively in both.
In case of any conflict or inconsistency between the Plans and
Specifications, the Plans shall govern. Any discrepancy between
the figures and specifications sh~11 be submitted to the Engineer,
whose decision therein shall be conclusive.
21. SUBSURFACE CONDITIONS FOUND DIFFERENT
Should the Contractor encounter subsurface conditions at the
site materially differing from those shown on the Plans or indi-
cated in the Specifications, he shall immediately give notice
to tile Engineer of such conditions before they are disturbed;
the Engineer s~a]l tl]ereupon promptly investigate the o0nditions
and if he finds that they materially differ from those shown on
tl~e Plans or indicated on the Specifications, he shall at once make
such changes in the Plans and/or Specifications as he may find
necessary.
Any increase or decrease of cost resulting from such changes
will be adjusted in the manner provided herein for adjustment as
to extra and/or additional work and changes.
22. CO~rRACTOR'S TITLE TO MATERIALS
No material or supplies for the work shall be purchased by
the Contractor or by any subcontractor subject to any chattel
mortgage or under a conditional sale or other agreement by which
an interest is retained by the seller. The Contractor warrants
that he has good title to all materials and supplies used by him
in the work.
23. SUPERINTENDENCE BY CONTRACTOR
At tile site of the work the Contractor shall employ a Con-
struction Superintendent or foreman who shall have full authority
to act for the Contractor. It is understood that such represen-
tative shall be acceptable to the Engineer and shall be one who
can be continued in that capacity for tile particular job involved
unless he ceases to be on the Contractor's payroll.
C-17
I. tO~ZMACH~R, McL~d~OO&l & MURR£LL P.C. / i't2M CORff.
CONTli^CT - CONT' f).
24. PROTECTION OF WORK, PERSONS AND PROPERTY
Precaution shall be exercised at all times for the proper
protection of all persons, property and work. The safety pro-
visions of applicable laws, building and construction codes
sba11 be observed. Machinery equipment and all hazards shall be
guarded or eliminated in accordance with the safety provisions
of the Manual of Accident Prevention in Construction, published
by the Associated General Contractors of America, to the extent
that such provisions are not in contravention of applicable law.
The Contractor shall furnisb entirely at his own expense any and
all additional safety measures deemed necessary by the Town or
its Engineer to adequately safeguard the traveling pnblic. The
Contractor shall give notice to the owners of all utilities
which may serve the area and request their assistance in pre-
determining the location and depth of the various pipes, conducts,
manholes and other underground facilities.
The Contractor shall, at all hours of the day, safely
guard and protect his own work and adjacent property from any
damage and shall replace or make good any such damage, loss or
injury unless such be caused directly by errors contained in
tile Contract documents, or by the Town or its duly authorized
representatives.
The Contractor shall provide and maintain such watchmen,
barriers, lights, flares and other signals, at bis own expense,
as will effectively prevent .any accident in consequence of
his work for which the Town might be liable. The Contractor
shall be liable for ~11 injury or damage caused by his act or
neglect, or that of his~employees;
25. PATENT RIGHTS
As part of his obligation hereunder and without any ad-
ditional compensation, tbe Contractor will pay for any pateut
fees or royalties required in respect to the work or any part
thereof and will fully indemnify the Town for any loss on
account of any infringement of any patent r/ghts, unless prior
to his use in the work of a particular process or a product of
a particular manufacturer, he notifies the Town in writing
that such process or product is an infringement of a patent.
C-18
H~_ZMACH£R. McL[NOO~ & MURRF..t.~ P.C. ! H2M CORP.
CONTRACT - CONT' 1).
26. REPRESENTATIONS Of' CONTRACTOR
The Contractor represents and warrants:
(a) That he is financially solvent and that he is experienced
in and competent to perfrom the type of work involved under tl~is
Contract and able to furnish tile plant materials, supplies and/or
equipment to be furnished for the work; and
(b) that he is familiar with all Federal, State and Municipal
Laws, ordinances and regulations which may in any way affect the
work of those employed hereunder, including but not limited to any
special acts relating to tile work; and
(c) that such work required by these Contract Documents as
is to be done by him can be satisfactorily constructed and used
for the purpose for which it is intended and that such construc-
tion will not injure any person or damage any property; and
(d) that he has carefully examined the Plans, Specifications,
and the site of the work, and that from his own investigation he
has satisfied himself as to the nature and location of the work,
the character, location, quality and quantity of surface and sub-
surface materials, structures and utilities likely to be encountered,
the character of equipment, and other facilities needed for the
performance of the work, the general local conditions which may
i~ any way affect the work or its performance.
'27. AUTHORITY OF TI~ ENGINEE~
In the performance of the work, the Contractor shall abide by
all orders and directions and requirements of the Engineer and shall
perform all work to the satisfaction of the Engineer, at such time
and ptaces, by such methods, and in such manner and sequence as he
may require. The Engineer shall determine the amount, quality,
acceptability and fitness of all parts of the work, shall interpret
the plans, specifications, contract documents and any extra work
orders and shall decide all.her questions in connection with the
work. Upon request, the Eqgineer shall confirm in writing any oral
orders, directions, requirements or determinations. The enumera~m
herein or elsewhere'in the contract documents of particular instances
in which the opinion, judgment, discretion or determination of the
Engineer shall control, or in which work shall be performed to his
satisfaction or subject to his approval, or inspection, shall not
imply that only matters similar to those enumerated shall be so
governed and so performed, but witl~out exception all tile work
shall be governed a mso performed.
C-19
CONTRACT - CONT'D
28. SURVEYS
The Engineer will furnish the Contractor with the ben.chm~rks
necessary to complete the work. All further layout of lines and grades
will be the responsibility of the Contractor,
29. CHANGES AND ALTERATIONS
The Town reserves the right to make alterations in the
location, line, grade, plans, form or dimensions of the work~
or any part thereof, either before or after the commencement of
the construction. If such alterations diminish the amount of work
to be done, no claim for damages or anticipated pmofits wili he
warranted on the work which may be dispensed with. If such
alterations increase the amount of work, sudh increases shall
be paid for according to the quantity of work actually done and
at the prices for such work as contained in the schedule of prices.
30. CORRECTION OF WORK
Ail work and all materials, whether incorporated i~to the
work or not, all processes of manufacture and all methods of con-
struction shall be, at all times and places, subject to the in-
spection of the Engineer who shall be the final judge of quality,
materials, processes of manufacture and methods of construction
suitable for the purpose for which they are used. Should they
fail to meet his approval they shall be forthwith reconstructed,
made good and replaced and/or correcte~ as the cas? may be, by
the Contractor at his oWn expense. Re.3ected materials shall im-
mediat%ly be removed from the site.
If, in the opinion of the Engineer, it is not desirable to
replace any defective or damaged materials or to ~econstruct or
correct any portion of the work injured or not performed in
accordance with the Contract Documents, the compensation to be
paid to the Contractor hereunder shall be reduced by such amount
as, in the judgment of the Engineer, shall be equitable.
The Contractor expressly warrants that his work shall be
free from any defects in materials or workmanship, and agrees
to correct any defects, breakdowns or adjustments which may
appear within one year following the date of the final payment
r~quest. Neither the acceptance of the completed work nor
SOHT C-20
81-01
HCCZMACHER. MCLENDON & IdURRELL. tLC. I H2M CORP.
CONTRACT - CONT'D.
payment therefor shall operate to release tile Contractor or his
sureties from any obligations under or upon this Contract or
the Performance Bond.
31. WEATHER CONDITIONS
In the event of temporary suspension of the work, or during
inclement weather, or whenever the Engineer shall direct, the
Contractor will and will cause bis subcontractors to protect
carefully his and their work and materials against damage or
injury from tile weather. If, in the opinion of the Engineer,
any work or materials shall have been damaged or injured by
reason of the failure on the part of the Contractor or any of
his subcontractors to protect his, ~r their work, such work and
materials shall be removed and replaced at the expense of the
Contractor.
32.
approved payments due
be necessary:
THE TOWN'S RIG}~ TO WITHIIOLD PAYMENTS
The Town may withhold from the Contractor so much of any
him as may, in the judgment of the Town,
(a)
(b)
(c)
To assure the
and unpaid of
mater/als for
payment of just claims then due
any persons supplying labor or
the work;
To protect the-~own frqm loss due to defec-
tive work not remedied, or
To protect the Town from loss due to injury
to persons or damage to the work or property
of other contractors or subcontractors or
others, caused by t~ act or neglect of the
Contractor or any of his subcontractors.
The Town shall have the right, as agent for
the Contractor, to apply any such amounts so
withheld in such manner as the Town may deem
proper to satisfy such claims or to secure
such protection. Such application of such
money shall be deemed payments for the
account of the Contractor.
C-21
HOLZMACH£R, MCI.~NOO~ & MURR~cLL P.C. / H2M
CONTRACT - CONT'I).
33. Till'3 TOWN'S IIIGIIT TO STOP. WOI{K OR TERMINATE CONTRACT: IF,
(a) The Contractor shall be adjudged bankrupt or make an
assignment for the benefit of creditors, or
(b) A receiver or liquidator shall be appointed for the
Contractor for any of his property and shall not be dismissed
within 20 days after such appointment, or the proceedings in
connection therewith shall not be stayed on appeal within the
said 20 days, or
(c) The Contractor $hall refuse or fail, after notice or
warning from the Engineer, to supply enough properly skilled
workmen or proper materials~ or
(d) The Contractor shall refuse or fail to prosecute the
work or any part thereof with such diligence as will insure
its completion within the period herein specified (or any duly
authorized extension thereof) or shall fail to complete the
work within said period, or
(e) The Contx-actor shall fail to make prompt payment to
persons supplying labor or materials for the work, or
(f) The Contractor shall fail or refuse to regard laws,
ordinances, or the instructions of the Engineer or otherwise
be guilty of a substantial violation of any provision of this
Contract, then, and in any such event, the Town, without
prejudice to any other rich.ts or remedy it may have, may by
seven (7) days notice to-the Contractor,' terminate the employ-
ment of the Contractor and'his rights'to proceed either as to
the entire work or (at the option of the Town) as to any
portion thereof as to which.delay shall have occurred, and
may take possession of the work and complete the work by contract
or otherwise, as the Town may deem expedient. In such case,
the Contractor shall not be entitled to receive any further
payment until the work is finished. If the unpaid balance of
the compensation to be paid tile Contractor hereunder shall exceed
the expense of so completing the work (including compensation
for additional managerial, administrative and inspection services
and any damages for delay), such excess shall be paid to the
Contractor.
C-22
(:ON'I'ItAC/F - CON'I" 1).
If such expense shall exceed the unpaid I)alance, tile Contractor
and his sureties shall be liable to the Town for such excess.
If the right of the Contractor to proceed with the work is so
termina'ted, tl~ Town may take possession of and utilize in
completing time work such materials, appliances, supplies, plant
and equipment as may be on the site of the work and necessary
thereof. If tile Town does not so terminate tile right of tile
Contractor to proceed, the Contractor shall continue the work.
34. CONTRACTOR'S RIGtlT TO STOP WORK OR TERMINATE CONTRACT
If the work shall be stopped by order of the Court or any
other public authority, for a period of three months without act
or fault of the Contractor or of any of his agents, Servants, em-
ployees or subcontractors, the Contractor. may, upon tell (10)
days notice to.the Town, discontinue his performance of the work
and/or terminate the Contract, in which event the liability of
tile Town to time Contractor shall be determined as provided in
tile paragraphs immediately preceding, except that the Contractor
shall not be obligated to pay to the Town any excess of the
expense of completing the work over the unpaid balance of the
compensation to be paid to the Contractor hereunder.
35. RESPONSIBILITY OF WORK
The Contractor agrees to be respon~ible for the entire
work embraced in this Contract until its completion and final
acceptance, and that any unfaithful or imperfect work that may
become damaged from any cause, either by act of commission or
omission to properly guard and protect the work that may be dis-
covered at any time before, the completion and acceptance shall
be removed and replaced by good and satisfactory work without
any charge to tile Town and that such removal and replacement
will be performed immediately on the requirement of the Engineer,
notwithstanding the fact that it may have been overlooked by
time proper inspector, and partial payment made thereon. It is
fully understood by the Contractor that the inspection of the
work shall not relieve him of any obligation to do sound and
reliable work as herein prescribed, and that any omission to
disapprove of any work by the Engineer at or before the time
of a partial payment or other estimate shall not be construed
to be an acceptance of any defective work.
C-23
C()N'I'IiAC'.I' - CONT' I).
36. USES OF PREMISES AND REMOVAL OF DEBRIS
The Contractor expressly undertakes at his own expense:
(a) to take every precaution against injury to persons or
damages to property;
(b) to store his apparatus, materials, supplies and equip-
ment in such orderly fashion at the site of tl~e work as will
not unduly interfere with the progress of his work or the work
of any of his subcontractors; or other contractors;
(c) to place upon any of the completed work only such super-
imposed loads as are consistent with tile safety of that portion
of the work;
(d) to frequently clean up all refuse, rubbish, scrap
materials and debris caused by the operations to tile end thaL
at all times the site of the work shall present a neat and
orderly and workmanlike appearance;
(e) before final payment request is issued, to remove all
surplus material, temporary structures, plants of any description
and debris of any and every nature resulting from his operations
and to put the site in a neat and orderly condition.
37. POWER OF THE CONTRACt, OR TO ACT IN AN EMERGENCY
In case of an emergeocy which threatens loss or injury to
property and/or, safety to life, the Contractor will be permitted
to act as he sees fit without previous instructions from the En-
gineer. He shall notify the Engineer thereof immediately there-
after and any compensation claimed by the Contractor due to extra
Work made necessary because of his acts in such emergency shall
be submitted to the Engineer for approval.
Where tile Contractor has not taken action but has notified
the Engineer of an emergency indicating injury to persons or
damage to adjoining property or to the work being accomplished
under this Contract, then upon authorization from tile Engineer to
prevent such threatened injury or damage, he shall act as in-
structed by the Engineer. The amount of reimbursement claimed
by the Contractor on account of ally such action shall be determined
in the manner provided herein for the payment of extra work.
C-24
CONTIIACT - CONT'I).
38. SUITS AT LAW
The Co,retractor shall indemnify and save Itarmless tile Town
from and against all suits, claims, demands or actions for any
i,~jury sustained or alleged to be sustained by any party or parties
in connectiou with the construction of the work or any part thereof,
or any commission or omission of the Contractor, his employees or
age,~ts or any subcontractors nad in case any such action shall be
brought against the Town, the Contractor shall immediately take
care of and defend the same at his own cost and expense.
39. PROVISIONS REQUIRED BY LAW DEEMED INSEI1TEI)
Each aud every provision of law and clause required by law to
be inserted in this Contract shall be deemed t.o be inserted I~erein
and tile Con~ract shall be read and euforced as though it were included
herein, and, if through mistake or otherwise, any such provision is
not inserted or is not correctly iuserted, then upou tile application
of either party, the Contract si~all fortl{with be physically amended
to make such i{3sertion.
40. SUBLETTING, SUCCESSOR AND ASSIGNS
The Contractor shall not sublet any part of the work under this
Contract, nor assign any money due him hereunder without first obtain-
ing the written consent oS the Town. This Contract shall endure
to the benefit of and shall be binding upon the parties hereunder
and upon their respective 'success0~s and assigns, but neither party
sba1! assign or transfer his interest herein in whole or in part
without consent of the other.
41. WAIVER OF IMMUNITY
If any person, corporation, or body contracting with the Town,
who when called before a grand jury, head of a city department, or
other agency, which is empowered to compel ti~e attendance of wit-
ness and examine them under oath, to testify in an investigation
concerning any transaction or contract had with tile state, any polit-
ical subdivision thereof, a public authol'ity or with any public
department, agency or official of the state or of any political sub-
division thereof or of a publi~ authority, refuses to sign a waiver
of immunity against subsequent criminal prosecution or to answer
any relevant question concerning such transaction or contract, then
C-25
CON'I'ItACT - CONT'I).
(a) such person, and any firm, parLnershiI) or corporation
which he is a member, parLner, director or oI'l'icer shalt be d~squal-
~f~ed from Lhereafter seZZ~ng to or subm~LLing b~ds Lo or receiving
awards from or entec~ng ~nLo any contracts w~th any mun~cipa~ corp-
oration or fire d~sLr~ct, or any pubZ~c department, agency or off~c~aZ
~hereof, for goods, work or services, for a per~od of ~ve years
after such refusal
(b) any and all contracts made with the Town or any agency or
off£cial thereof, by such person, and by any firm, partnership, or
corporation of which he is a member, partner, director or officer
may be cancelled or terminated by the Town without incurring any
penalty or damages on account of such cancellation or termination,
but any monies owing by the municipal corporation for goods delivered
or work done prior to the cancellation ox' termination shall be paid.
C-26
CONTIt^CT CONT' I) .
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals tile day and year first above written.
TOWN OF SOUTHOLD
BY: (TOWN SEAL) Francis J. Murphy, Supervisor
(SEAL)
Contractor
BY:
TITLE:
STATE OF NEW YORK)
)
COUNTY OF SUFFOLK)
On the
came Francis J.
depose and say
ss:
day of , 19___,
Murphy, to me known, who being by me duly sworn, did
that he is the duly elected Supervisor of the Town of
before me personally
Southold, County of Suffolk, New York, and that at a meeting of the
Town Board of the Town of Southold, duly held on the day of
, 19 ., the said Board, authorized the said Super-
visor to execute all and any contracts on behalf of the Board; that he
knows the seal of the said Town, that the Seal affixed to the foregoing
instrument is its corporate seal; that it was affixed thereto by order
of the said Board, and that he signed his name thereto and executed the
said instrument on behalf of the said Town by like order and authority.
NOTARY PUBLIC
C-27
CONTII^CT - CONT'I).
ACKNOWLEDGMENT OF CONTRACI'OI{, IF A CORPORATION
STATE OF NEW YORK)
) SS:
COUNTY OF )
On this day of , 19 , before me
personally came and appeared , to me
known, who by me being duly sworn, and say that he
did depose
resides at
that he is tile of
the Corporation described in and which executed tile foregoing in-
strument, that he knows the seal of said corporation, that one of
the seals affixed to said instrument is such seal, that it was so
affixed by order of tile Directors of said corporation, and that he
signed his name thereto by like order.
NOTARY PUBLIC
ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP
STATE OF NEW YORK)
)
COUNTY OF )
SS:
On this day of
personally came and appeared
and known to me to be one of
, 19 ., before me
, to me known,
the members of the firm of
, described in and who executed
tile foregoing instrument, and he acknowledged to me ti]at he ex-
ecuted the same as and for tile act and deed of said form.
NOTARY PUBLIC
C-28
HOLZMACHER, McLENDON & MURRELL
TECHNICAL SPECIFICATIONS
CONTRACT NO. 2
HEATING, VENTILATION & AIR CONDITIONING
HOLZMACHER. McLENDON & MURRELL. P.C
SCOPE OF WORK - HEATING, VENTILATING & AIR CONDITIONING (HVAC)
1.0 - WORK INCLUDED
The work included under this contract consists of furnishing all
materials, labor and equipment necessary to construct the HVAC systems
for all buildings at the site, in accordance with the General Speci-
fications, as indicated on the plans, and as directed by the Engineer.
The HVAC Contractor shall provide all labor, materials, equipment
and appliances, and perform all operations for the work as outlined
herein and as shown on the contract drawings. All work shall be per-
formed in strict accordance with these specifications and applicable
drawings and are subject to the terms, general and special conditions
of the contract, without restricting the generality of the foregoing,
the following is a general listing, not necessarily complete, of the
work to be furnished and installed under this contract:
(a) Furnish and install the combination heating/air conditioning
unit for the Administration Room.
(b) Furnish and install all electric unit heaters with matching
thermostats for the Treatment Plant Building and the Anaerobic Digester
Building.
(c) Furnish and install all supply and exhaust roof fans for the
Treatment Plant Building and the Anaerobic Digester Building.
(d) Furnish and install all intake and exhaust roof, automatic
gravity type shutters for roof fans.
(e) Furnish and install all prefabricated roof curbs for all supply
and exhaust roof fans.
(f) Furnish and install all solid state speed control/on-off de-
vices for the supply and exhaust roof fans.
(g) Furnish and install all explosion proof HVAC equipment as
specified herein and as required for the anaerobic digester building.
(h)
(i)
wet well.
(j)
drawings
to
Furnish all line voltage thermostats as required.
Furnish and install portable unit:heater in sludge/scum
Furnish to the Engineer for approval, five (5) sets of shop
or catalog cuts of each type equipment being utilized prior
ordering said equipment.
(SOHT) SOW-HVAC 1 of 2
HOLZMACHIFR, McLIFNDON & MURRELL.
SCOPE OF WORK - HEATING, VENTILATING & AIR CONDITIONING (HVAC) (CONT'D.)
2.0 - WORK UNDER OTHER CONTRACTS
(a) All electrical connections for HVAC equiument shall be
made by the Electrical Contractor. Installation of equipment as it
refers to this contract shall mean that equipment is to be set per-
manently in place by approved construction methods in a workmanlike
manner.
(b) Although all building louvers shall be considered to be part
of the ventilation system, furnishing and installing all units shall
not be a part of this contract and shall be furnished and installed by
the General Contractor under Contract No. 1.
R (SOHT) SOW-HVAC - 2 of 2
~.-~ HO~ 7MACHER. McL£NDON & MURRELL. P.C
HEATING, VENTILATING AND AIR CONDITIONING (HVAC)
1.0 SCOPE
The work includes all labor, equipment, materials and appliances
required for construction of HVAC systems as specified herein, as in-
dicated on the contract drawings and as directed by the Engineer.
2.0 - EXHAUST ROOF FANS
The Contractor shall furnish and install (excluding electrical
work) all centrifugal, direct drive type exhaust roof fans, specified
herein and in the contract drawings, Model CRF as manufactured by ILG
Industries, Inc., Chicago, Illinois, or approved equal.
The units shall be made of aluminum. The motors shall be protected
from thermal overloading and directly connected to the centrifugal fan
wheel. The unit's venturi and base shall be made of spun aluminum. The
fan wheel shall contain extruded hollow aluminum stressed airfoil blades.
The motor compartment shall be ventilated and isolated from the exhaust
air stream. All unit's metal to metal contact between struts, deflector
and motor mountings shall be eliminated by neoprene rubber.
Each unit shall be equipped with a safety disconnect switch. Ail
moving parts shall be statically and dynamically balanced. Each unit
shall be provided with a bird screen.
Each exhaust fan shall be supplied with a prefabricated curb, auto-
matic gravity type shutter and a solid state speed control dial with
on-off switch.
Ail motors shall be variable speed and rated for single phase,
60 cycle, 115 volt operation.
3.0 - SUPPLY ROOF FAN
3.1 - Digester Equipment Room
The Contractor shall furnish and install (excluding electrical work)
axial flow direct drive type supply roof fan for the digester equipment
room, specified herein and in the contract drawings, Model SRQ supply,
as manufactured by tLG Industries, Inc., Chicago, IL; or approved
equal.
(SOHT) HVAC - 1 of 6
HOLZMACHER, McLENC)ON & MURRELL. P.C
HEATING, VENTILATING AND AIR CONDITIONING (HVAC) (CONT'D.)
3.0 - SUPPLY ROOF FAN (cont'd.)
The supply roof fans shall be made of aluminum for all-weather
durability. The motors shall be provided with built-in automatic
reset thermal overload protection. The motors shall be totally en-
closed and directly connected to the fan wheel. All moving parts
shall be balanced during manufacture and assembly.
Each unit shall be supplied with a safety disconnect switch.
Each supply roof fan shall be supplied with a prefabricated curb,
automatic gravity type shutter, bird screen and a two speed switch
with on-off facility.
Motors shall be rated for single phase, 60 cycle, 115 volt opera-
tion.
4.0 - ELECTRIC HEATERS
4.1 Electric Unit Heaters
The Contractor shall furnish and install (excluding electrical
work) electric unit heaters as specified herein and in the contract
drawings, as manufactured by the Climate Control Division of The
Singer Company, Carteret, NJ; or approved equal.
Each unit shall be constructed of heavy gauge steel, finished with
electrostatically applied neutral black and gray enamel. Each unit shall
consist of a heating element assembly, fan and motor assembly and con-
trols. Heating grid shall be cast aluminum. Each unit shall consist of
a matching fan and motor, capable of withstanding hard, continuous usage.
Each unit shall be equipped with an automatic reset type thermal limit
switch, fan delay switch, fan only switch and a snap action thermostat
with a range of 40 degrees F. (low) to 100 degrees F. (high), all mounted
integrally in the unit. Each unit shall contain a low voltage trans-
former/relay, factory installed within the unit for remote low voltage
thermostatic control. Each unit shall be supplied with a rigid suspensio]
bracket for wall mounting, if required.
Ail unit heaters shall be 3 phase,
ting off 120 volt supply.
Ail electric unit heaters shall be
contract drawings.
480 volt, with fan motors opera-
installed where shown on the
(SOHT) HVAC - 2 of 6
~j~ HOLZMACHER, McLI:NDON & MURRELL, P C
HEATING, VENTILATING AND AIR CONDITIONING (HVAC) (CONT'D.)
4.0 - ELECTRIC HEATERS (cont'd.)
4.2 - Explosion proof Heater
The Contractor shall furnish to the Electrical Contractor one (1)
explosion proof electric heater, for installation in the gas equipment
room of the anaerobic digester building, as manufactured by the Cli-
mate Control Division of The Singer Company; or approved equal. The
unit shall be 5,625 watts, 480 volt, 3 phase, 60 Hz and shall be rated
for 19,209 BTU.
Explosion proof heaters shall be suitable for NEMA Class 1, Divi-
sion 1, Group D locations, U.L. listed, with element composed of highest
grade nickel-chrome wire, insulated in a solid magnesium oxide core and
inserted in a copper sheath. Aluminum fins shall be banded to the
sheath, and the element coil wire and connections shall be hermetically
sealed with poured silicone rubber flash and vapor barrier. External
cabinet shall be heavy gauge steel and junction boxes shall be aluminum.
4.3 - Portable Heater
The Contractor shall furnish and install (excluding electrical
work) one (1) portable electric heater for permanent installation in
the sludge/scum dry well. Mounting brackets shall be included. The
unit shall be as manufactured by the Climate Control Division of The
Singer Company; or approved equal. The unit shall be for 240 volt,
single phase service and shall be Catalog No. 1000-B for 5,122 BTU.
4.4 - Electric Wall Heaters
The Contractor shall furnish and install (excluding electrical
work) all electric wall heaters as specified herein and in the contract
drawings, as manufactured by the Climate Control Division of The Singer
Company; or approved equal.
The electric wall heaters shall be of the fan type and utilize the
down flow principle of air circulation. They shall be designed for
surface mounting. The surface wall box shall be provided with each
heater unit and shall be constructed of 20 gauge (minimum) sheet metal.
The heater frame assembly shall be fin~ished in brushed satin anodized
aluminum.
The unit shall contain a heating element encased in an aluminum
finned casting and shall be protected by a thermal limit switch. Each
unit shall consist of a precision balanced fan, and the fan and motor
assembly shall be mounted for vibration free performance. The fan
(SOHT) HVAC - 3 of 6
~'~l~ HOLZMACHER, McLENDON & MURRELL, PC
HEATING, VENTILATING AND AIR CONDITIONING (HVAC) (CONT'D.
4.0 - ELECTRIC HEATERS (cont'd.)
motor shall be equipped with oil impregnated bronze bearings and a non
radio interfering type. The units shall be equipped with a snap action
type thermostat for automatic temperature control. All units shall be
provided with a safety on-off switch.
The heaters shall be listed by Underwriters Laboratories, Inc.
Wall boxes shall be provided to allow surface mounting, and if required,
semi-recessed mounting of heaters.
5.0 - COMBINATION HEATING-COOLING UNIT
The Contractor shall furnish and install (excluding electrical
work) a combination heater-air conditioner unit to be Type RS, Model
RS-14 Incremental Comfort Conditioner as manufactured by the Climate
Control Division of The Singer Company; or approved equal.
The combination heating-cooling unit shall be capable of producing
16,400 BTU/hour and a cooling load of 13,800 BTU/hour.
The unit shall be supplied with a suitable outside air louver.
The louver shall be stamped anodized aluminum in natural finish. The
louver shall be installed from inside of building after room cabinet-
wall sleeve is set in place.
The room cabinet wall sleeve shall be entirely constructed of
zinc-coated phosphatized steel. The top and sides shall be 18 gauge
with baked epoxy corrosion-resistant finish. The base pan shall be
16 gauge dipped in EHBP (environmental hydrous baking polymer) thermo-
setting plastic and baked to form a continuous film of corrosion pro-
tection.
Installed height of room cabinet-wall sleeve shall not exceed
16-3/8-inches. Installed height of room cabinet wall sleeve with
sub-base shall not exceed 20-3/8-inches.
Discharge grilles shall be four position stamped extruded aluminum
to adjust to conditioner air delivery pattern without use of tools.
Front panel
the use of tools.
panel.
shall be capable of being opened and/or removed without
Filter service shall not require removal of front
(SOHT) HVAC - 4 of 6
~ HOLZMACHER, McLENDON & MURRELL, P.C
HEATING, VENTILATING AND AIR CONDITIONING (HVAC) (CONT'D.)
5.0 - COMBINATION HEATING-COOLING UNIT (cont'd.)
Heating/cooling chasis shall be a slide-in, plug-in chasis with
self-contained refrigerant cycle consisting of compressor, reversing
valve, separate condenser and evaporator fan motors, condenser fan
and coil, evaporator fan and coil, refrigerant tubing and controls,
electrical and operating controls, pressure ventilation system and
condensate removal system.
Compressor shall be welded hermetic, internally and externally
vibration isolated, with permanent split capacitor motor and overload
protection.
Refrigerant metering device shall consist of capillary restrictor,
supplemented by a constant pressure automatic expansion valve for full
cooling capacity at ambient temperatures down to 35 degrees F. without
evaporator coil freeze-up, compressor short-cycling, or slugging.
Chasis shall be constructed of zinc-coated, phosphatized steel
parts dipped in thermo-setting plastic.
All electrical components and controls shall be located in the
conditioned air stream, except the hermetically sealed compressor,
reversing valve and condenser fan motor.
Evaporator and condenser fans shall be forward curved, centrifugal,
statically and dynamically balanced.
Evaporator fan assembly shall be driven by a two speed, permanent
split capacitor, permanently lubricated fan motor located in the con-
ditioned air stream.
Condenser fan motor shall be permanent split capacitor type. Both
motors shall be provided with oilers for life extension relubrication.
Cooling condensate shall be removed by re-evaporation on the con-
denser coil surface without drip, splash or spray. Condensate shall
not come in contact with fan or fan motor. Slinger rings and propeller
fans are not acceptable.
Reverse cycle heating condensate drain connection shall be pro-
vided on the roomside of the heating-cooling chasis.
Forced, filtered ventilation air shall be available year-round.
Conditioner shall be equipped with concealed manual ventilation damper
operator.
Electric heating elements shall be the quick response, low mass
type with a high limit cut-out.
(SOHT) HVAC - 5 of 6
I--Id~.~ HOLZMACHER. McLENDON & MURRELL. P.C
HEATING, VENTILATING AND AIR CONDITIONING (HVAC) (CONT'D.)
5.0 - COMBINATION HEATING-COOLING UNIT (cont'd.)
Operating controls shall be provided in a separable, plug-in module
as part of the heating-cooling chasis.
Control module shall contain OFF-HEAT-COOL-HIGH-LOW selector switch
and self-contained adjustable thermostat with a heat anticipator. When
on heating mode, the conditioner shall automatically de-energize the
electric resistance heater and actuate the reverse cycle heating at an
outdoor temperature of approximately 35 degrees F. depending on the
humidity. A toggle switch shall be included that will lock out reverse
cycle heating and allow electric heater operation above 35 degrees F.
The installation of the combination heating-cooling unit shall be
performed in accordance with the manufacturer's latest installation
instructions.
6.0 - MANUALS/SERVICE
The Contractor shall require each different manufacturer of equip-
ment supplied under this contract to include in his bid one (1) day's
service at the project site to instruct the town's representatives on
the operation and maintenance of the equipment. Five (5) copies of
catalog cuts and Operation & Maintenance Manuals shall be submitted
to the Engineer prior to manufacture.
(SOHT) HVAC - 6 of 6
I-.~;~ HOLZMACHER. McLENDON & MURRELL, P.C
TECHNICAL SPECIFICATIONS
CONTRACT NO' 3
pLUMBING
SCOPE OF WORK - PLUMBING
1.0 - WORK INCLUDED
The work includes furnishing all labor, materials, equipment and
appliances necessary to construct and install all plumbing equipment
and accessories at the Southold Wastewater Disposal District Scavenger
Waste Treatment Facility, as indicated on the contract drawings and
herein specified. The work covered under this section shall include,
but not be limited to, the following:
(a) Furnish and install all plumbing and drainage work for the
buildings, including floor drain system, hot and cold water system,
lavatory fixtures and accessories, reduced pressure backflow preventer,
vacuum breakers, etc.
(b) Tap in to the existing 4-inch diameter cast iron water main,
as shown on the contract drawings.
(c) Provide water service with all miscellaneous work and acces-
sories for a complete and operational system, as specified herein and
as shown on the contract drawings.
(d) Included in the water service shall be service sinks, water
meter and polyethylene water service tubing.
(e) Installation of water service, including outside water hookup
and reduced backflow preventer system.
(f) Provide for plumbing service equipment for Treatment Build-
ing, and Anaerobic Digester Control Building, including piping and all
accessories.
(g) Ail work to be done to standards of the Inc. Village of
Greenport, Dept. of Utilities.
(h) The Contractor shall furnish to the Engineer for approval,
five (5) sets of shop drawings or catalog cuts of each type equipment
being utilized prior to ordering said equipment.
(i) In the case of cut-ins to the existing water service, the
Contractor shall coordinate all work with the Superintendent of utili-
ties for Greenport, so as to minimize the existing treatment facilities'
interruption of normal operation. The Contractor shall notify the
Superintendent and the Engineer forty-eight (48) hours in advance of
his intention to connect to the existing water service.
(SOHT) SOW-P 1 of 1
I.-~ HOLZMACHER. McLENDON & MURRELL. P.C
WATER SERVICE
1.0 - SCOPE
The work includes all labor, materials, equipment and appliances
required for the installation of all water service work including hot
water service, as shown on the Contract Drawings and as detailed herein.
All work shall be done by a plumber approved by the Village of Green-
port and all workmanship and materials shall be in accordance with
Village standards.
2.0 - GENERAL
The Contractor shall provide water service to the treatment facility
which shall entail the following items:
(A) Tap into existing 4-inch potable water main and install a
2-inch service at the location shown on the Contract Drawings.
(B) Installation of one (1) backflow preventer in the location
shown on the Contract Drawings.
(C) Installation of hot water service in the Treatment Building.
(D) Installation of water service throughout treatment facility
as shown on the Contract Drawings.
3.0 - PIPING - GENERAL
A. Piping shall be concealed wherever possible.
B. Piping shall be run as straight and direct as possible, either
at right angles to or parallel with walls, floors and ceiling.
C. Reducing fitting shall be used wherever a change in size
occurs. No bushings shall be allowed.
D. Piping shall not be marred by tool marks. No more than one (1)
thread shall show at fittings.
E. Allowance shall be made for expansion and contraction of piping.
Swing joints shall be used at all connections to equipment, mains,
risers and branches.
F. Hangers or supports shall be provided at least at horizontal
intervals of:
(SOHT) WS 1 of 6
HOLZMACHIFR. McLENDON & MURR~FLL, P C
WATER SERVICE (CONT'D.)
1. Cast Iron - each length
2. Copper Tubing - 8'
G. Ail supports and hangers shall be adjustable and shall be
affixed to the construction by flanges, inserts, brackets or other
means approved for this purpose. Supports and hangers shall be equal
to:
1. Single Hangers - Grinnel %260
2. Wall Hangers - Grabler %62
H. Steel or iron pipe sleeves shall be provided for all other
pipes passing through construction, except where a framed opening is
provided.
I. Cast brass escutcheons shall be provided for all exposed pip-
ing passing through or protruding from walls, ceiling and floors.
J. Ail cold and hot water lines throughout the building, whether
concealed or exposed, shall be covered.
K. Ail cold water piping shall be covered with 1" thick, 7-1/4 lb.
density with FR jacket, sealed with a white vapor barrier mastic on the
longitudinal lap and factory finished 4" strips around all circum-
ferential joints, sealed with BF 81-99.
L. Ail hot water piping shall be covered with Owens-Corning 1"
thick fiberglass molded sectional pipe insulation of 7-1/4 lb. density
with a universal jacket.
4.0 - TAP AND SERVICE LINE
The Contractor shall furnish and
line from the existing 4-inch main to
Contract Drawings.
install a complete 2-inch service
the locations as shown on the
A. Materials
Current Village of Greenport standards require each service to
consist of the following material by the manufacturers as specified
below. Substitutions will only ~be allowed if written approval is ob-
tained from the Village prior to installation. All materials shall
conform with all applicable parts of the American Water Works Associ-
ation Specifications (A.W.W.A. C-800, latest edition).
(SOHT) WS - 2 of 6
WATER SERVICE (CONT'D.)
Two-Inch Corporation Stops - Corporation stops shall be constructed
of water service bronze with A.W.W.A. standard thread inlet and copper
A.W.W.A. standard outlet, complete with straight coupling nuts.
Number H-15000 by Mueller Company, with standard thread inlet and
copper A.W.A.A. outlet, complete with straight coupling nuts or equal.
Polyethylene Tubing - Ail polyethylene tubing shall be as specified
in the Section entitled, "WATER MAINS AND APPURTENANCES - POLYETHYLENE
WATER SERVICE TUBING" and as shown on the Contract Drawings.
Copper Tubing - Ail copper tubing shall be type "K" seamless soft
copper tubing conforming to the requirements of ASTM Specification
B-88, A.W.W.A. Specification 75-CR and Federal Specification WWT-799.
Tapped Saddle - Number F-1280 by Clow Corporation for a 4-inch
cast iron main to a 2-inch tapping.
Three-Part Unions - Three-part unions shall be copper-to-copper
(flared) by Mueller Company, No. H-15400 or equal.
Curb Stop and Drain - Number H-15210 by Mueller Company with check
and drain, full round way opening, combined tee and cap and an inverted
tapered key with 1/4-inch hole drilled in cap for attaching a stationary
rod, open to the left and valve connections shall be copper-to-copper.
Extension Service Boxes - Extension service boxes shall be con-
structed of extra grade gray iron cover and base, steel extension pipe;
with a small arch pattern base for 1/2-inch through 1-1/2-inch curb
stops; adjustment between 4 to 5 feet; complete with stationary inside
stop rod; 1-inch upper section; cover with brass bushing insert, tapped
for 1-inch iron pipe and two holes for removal with spanner wrench.
Extension service boxes (for 1/2-1" curb stop) to be by Mueller
Company, No. H-10314, or equal.
Service boxes (for 2" curb stop) shall be a regular valve box con-
sisting of three-piece cast iron, 5-1/4" shaft, sliding type, with cast
iron cover with "WATER" cast on the cover. The base size and dimension
is No. 4 round (10-7/8-inch diameter, 8 inches high).
Faucets - Faucets shall be 3/4" size and shall be Mueller H-8260
or equal. Each faucet shall be fitted with hose bib vacuum breaker,
Model No. 8A, as manufactured by the Watts Regulator Company or equal.
(SOHT) WS - 3 of 6
~ HOI..ZMACHER, McLENE)ON & MURRELL, P C
WATER SERVICE (CONT'D.)
Double Strap Service Clamps - Double strap service clamps shall be
constructed of ductile iron body; extra large forged steel straps
flattened to provide increased gripping surface; rolled strap threads;
neoprene gasket (cemented in place) shall be required for 1-1/2" and 2"
services.
Double strap service clamps to be H-10526 (on 6" ductile-iron water
main).
B. Location
Two-inch service connection shall be installed at the approximate
location shown on the Contract Drawings, subject to the approval of
the Owner and Engineer.
C. Installation
Before tapping, the pipe to be tapped shall be thoroughly cleaned
by removing all dirt and scale. The main shall be tapped on the side
facing the treatment facility to be served and the corporation stop
installed in accordance with the most modern methods and the use of
modern equipment by workman skilled in its use. All copper service
pipe shall be installed at 4'-6" minimum cover with slack left at the
corporation stop. The copper service pipe shall be one continuous
piece between the corporation stop and the curb stop.
In making cuts in copper service pipe, the most modern equipment
shall be used to produce a square cut. The tubing, after cutting, shall
be cut square, burrs removed and reamed. Fittings, sockets and tube
ends shall be thoroughly cleaned to a bright finish. All solder joints
shall be fluxed, using 95-5 tin and antimony solder.
The curb box shall be centered over the
plumb with the cover or slightly above grade.
blocked to prevent leakage due to surges.
curb stop and shall be
The curb shall be
excavating, backfilling,
Installation shall be accomplished with
trench compaction and restoration. On completion of the water service,
the corporation stop shall be left o__~n.
The Plumbing Contractor shall coordinate his work schedule with
the General Construction and Site Work Contractors so as to minimize
restoration. This Plumbing Contractor will be responsible for the
replacement of concrete roadway removed when tapping into the exist-
ing water main.
Pavement replacement shall be as specified in Section entitled
"PORTLAND CEMENT CONCRETE PAVEMENT REMOVAL AND RESTORATION".
(SOHT) WS - 4 of 6
HOLZMACHER, McL£NDON & MURRELL P.C
WATER SERVICE (CONT'D.)
5.0 REDUCED PRESSURE BACKFLOW PREVENTERS (RPBFP)
The Contractor shall furnish and install a 2-inch backflow preventer
Febco model 835 as manufactured by Johns-Manville, Ag-Turf Division, or
equal. All types and models of RPBFP assemblies furnished shall be
approved by New York State Department of Health, Bureau of Public Water
Supply.
RPBFP assemblies in sizes 3/4-inch to 2-inches shall consist of
two spring-loaded check valves and a differential relief valve, two
brass gate valves and test cocks for field testing.
All check valve internal parts and differential relief valve shall
be removable from the top of the unit without removing the check valve
assembly from the water line. The assembly shall be installed in the
horizontal position within the RPBFP pit in accordance with current
standards.
The assembly shall be rated at 175 psi and constructed in accordance
with all applicable parts of the American Water Works Association Speci-
fication (A.W.W.A. C-506-78, or latest revision). The assemblies shall
be complete in every detail and completely assembled when shipped.
6.0 - ELECTRIC HOT WATER HEATER
Provide, at the location shown on the Contract Drawings, one (1)
automatic electric hot water heater, Model No. RP15P4-1, Type Point of
Use, as manufactured by Ruud Water Heater Division of City Investing
Co., Chicago, Ill. or approved equal.
Heater shall have a fifteen gallon capacity and shall be heavy gauge
arc welded steel, glasslined tank, 300 psi hydrostatic test pressure and
150 psi working pressure, 110 degrees - 170 degrees F. range thermostat
with energy cut-off device wired for interlock use, heater to be 120
volts and Underwriter's Laboratories listed.
Five (5) copies of catalog cuts and Operation and Maintenance
Manual shall be submitted to the Engineer.
7.0 - SIPHON VACUUM BREAKER
Vacuum breakers shall be installed on all potable
lets, including slop sinks and hose bibs.
water line out-
(SOHT) WS - 5 of 6
~ HOLZMACHI=R. McLENOON & MURRE~LL.
WATER SERVICE (CONT'D.)
A siphon vacuum breaker and check valve shall be installed before
the connection from the cold water supply to the hot water heater.
Siphon vacuum breaker shall be 3/4" No. 188 by Watt, or equal.
8.0 - OUTSIDE SERVICE HOOKUP
Outside service hookups shall be installed at the locations as
shown on the Contract Drawings, and are to be provided with a 4" by 4"
support post to be painted as directed by the Engineer. A gravel bot-
tom shall be supplied for service of the drain valve to the satisfaction
of the Engineer.
R (SOHT) WS - 6 of 6
I.J~_.~ HOLZMACHER, McLENDON & MURRELL P.C.
WATER SERVICE AND APPURTENANCES - TRENCH COMPACTION
1.0 - SCOPE
Compaction of trenches in accordance with the Specifications or
to the approval of the Engineer at locations indicated on the Contract
Drawings or as directed by the Engineer.
2.0 - BACKFILL
Backfill as indicated shall be free from rocks, lumber or debris.
3.0 - COMPACTION
Trenches to be compacted shall either be jetted or mechanically
tamped to meet laying condition "B" of A.S.A. Specification A.21-8-1962
or A.W.W.A. Specification C108-62, latest edditions.
The soil in all trenches to be consolidated shall be compacted to
90% of maximum density at optimum moisture as determined by Mod.
A.A.S.H.O. T-99, except that soils for a depth of 9" below pavement
subgrades, in both cuts and embankments, shall be compacted to not less
than 95%. Soils which have a maximum density less than 100 pounds per
cubic foot as determined by Mod. A.A.S.H.O. T-99 shall be wasted or
mixed with heavier soils to obtain the required weight.
4.0 - JETTING
When soil conditions permit, the trenches shall be compacted by
means of jetting. In general, after mounding dirt over the trench
area, a 1-1/2" or larger hose, connected to an existing hydrant, will
supply water to a 3/4" or 1" galvanized pipe which, in turn, will be
inserted in the trench to deliver the jet of water to the top of the
water main at 30 psi pressure. The flow of water shall be controlled
by means of a valve. The jetting pipe shall be inserted on alternate
sides of the trench at approximately 4-foot intervals or as directed
by the Engineer. Additional hose shall be provided by the Contractor
for compacting areas not close to existing hydrants. Allowing the
water from a hydrant to flow down the trench is not considered jetting.
TC - 1 of 2
HOLZMACHER, McLENDON & MURRELL, P.C
WATER SERVICE AND APPURTENANCES TRENCH COMPACTION (CONT'D.)
5.0 - MECHANICAL TAMPING
If soil conditions do not permit jetting, or as
Engineer, compaction shall be by means of mechanical
approved mechanical tamper shall be used to tamp the
12" layers. Riding the wheels of equipment over the
not considered mechanical tamping.
required by the
tamping. An
backfill 6" to
trench area is
6.0 - REPAIR OF SUNKEN TRENCHES
Where the trenches are compacted under this section, this Contractor
shall be responsible for sunken main trenches (before and after repaying)
for a period of one (1) year after date of final payment request and shall
repair same to the satisfaction of the Engineer at the Contractor's
expense. Repairs consisting of additional compacted backfill and,
if necessary, repaving damaged pavement or other restoration, shall
commence within seven (7) consecutive calendar days after notice from
the Engineer to repair such trenches.
The work includes
of water main trenches
locations indicated on
Engineer.
all labor, material and equipment for compacting
in accordance with these Specifications at the
the Contract Drawings or as directed by the
R TC - 2 of 2
~[~_j~ HOLZMACHER, NIcLENDON & MURRELL. P.C.
WATER MAINS AND APPURTENANCES - POLYETHYLENE WATER SERVICE TUBING
1.0 - SCOPE
Under this work are included all costs of excavation backfilling,
grading, temporary sheeting, furnishing and laying polyethylene water
service tubing as located on the Contract Drawings, cleaning up and
all other work and materials not specifically included in other items
which are required to complete the installation of polyethylene water
service tubing.
2.0 - POLYETHYLENE WATER SERVICE TUBING
(A) Materials - Ail tubing shall be extruded from a polyethylene
extrusion compound that shall meet the requirements of A.S.T.M. Designa-
tion D-1248 latest revision and shall meet the requirements of the Speci-
fication for Polyethylene (PE) Plastic Pipe as they apply to PE3406
in A.S.T.M. Designation D-2737 latest revision.
Ail pipe shall meet the Specifications for potable water pipe as
published by the National Sanitation Foundation Testing Laboratories
Inc., School of Public Health, University of Michigan, Ann Arbor,
Michigan.
(B) Dimensions and Tolerances - For any cross section the average
inside diameters, wall thickness and respective tolerances shall be as
shown on Tables I and II of A.S.T.M. D-2737 latest revision in
accordance with Sections 4 and 5 of A.S.T.M. D-2122 latest revision
"Method of Determining Dimensions of Thermo Plastic Pipe." Tubing shall
be 160 psi pressure rating (CTS-O.D.). The ratio of the pipe diameter
to wall thickness (SDR) shall not exceed 7 for 160 psi pressures.
(C) Certification - The Contractor shall furnish the Engineer with
a certificate from the manufacturer that the pipe furnished meets all
of the criteria outlined in this Specification.
(D) Manufacturer - Polyethylene water service tubing for this Con-
tract shall be Orangeburg SP as manufactured by the Flintkote Company;
Tuftube as manufactured by Haveg Industries Inc., or equal.
3.0 - INSTALLATION
Piping shall be installed of diameter indicated on the Contract
Drawings. Excavation shall include the removal of all materials of every
name and nature, including rocks, boulders, masonry rubble, tree stumps,
etc. Care shall be taken during installation and backfill not to place
the polyethylene tubing in direct bearing with stones, rocks or other
PWST - 1 of 4
HO~MACHER. McLENDON & MURRELL. P.C
WATER MAINS AND APPURTENANCES - POLYETHYLENE WATER SERVICE TUBING
(CONT'D.)
sharp objects. Ail stones and other sharp objects shall be removed
from the first 4-inches of backfill.
Once tubing has been placed in trench it shall be weighed down with
soil at intervals to prevent arching until backfilling is completed.
Trench compaction shall be as specified elsewhere in the Specifications.
Under this work, the Contractor shall furnish, put in place and
maintain temporary sheeting and bracing as may be necessary or required
to support thoroughly the sides of the excavation to prevent any movement
which might injure the tubing 9r damage existing structures or utilities.
All drains, telephone poles and utilities must be supported and pro-
tected by this Contractor.
Work under this Contract shall be performed during the normal
seasonal working conditions. However, should work be performed
under frozen ground conditions, no additional compensation will be
provided to this Contractor. This Contractor shall be required to
keep water out of the trenches by approved means while tubing is
being laid and away from joints until they have set. Dewatering,
where required, shall be considered as part of this Contract.
Tubing shall be laid to a grade required to pass under drains, ducts
etc., as directed by the Engineer or to provide a cover between 4"-6"
and 5'-0" to finished grade.
This Contractor shall claim no additional compensation if pipe lines
are installed with an additional 2'-0" cover for short intervals not
exceeding 30 feet in length at each location where additional depth is
required to pass under drainage, utilities, etc.
Under this work, the pipe shall be installed from the existing
water main to areas as located on the Contract Drawings at the existing
3/4-inch copper service pipe with a curb stop, or if a long service,
the Contractor shall connect at this point to the existing copper
service with a straight coupling. The straight coupling shall be
pack joint both ends catalog No. C44-33 (with insert stiffeners for
the plastic side catalog No. insert 51), as manufactured by the
Ford Meter Box Co., Inc. or equal.
R PWST- 2 of 4
I-~j~ HOLZMACHER. McLENDON & MURRELL, P.C
WATER MAINS AND APPURTENANCES - POLYETHYLENE WATER SERVICE TUBING
(CONT' D. )
For a two-inch service, the Contractor shall furnish and install
the required 2-inch x 3/4 pack joint "Y", or any other required ser-
vice fittings under this work to the two-inch tubing in order to install
the required 3/4-inch tubing to the building as shown on the Contract
Drawings. Service "Y" shall be as manufactured by the Ford Meter Box
Co.; Hays Manufacturing Co., or specifically approved equal. All
couplings, stiffners, Service "Y", etc., shall be furnished and installed
under this work. In making cuts in the Polyethylene tubing, a tube
cutter of the most modern equipment shall be used to make a square cut.
4.0 - TESTING
The service tubing shall be tested and inspected by the Engineer
at normal static pressure, when corporation stops and curb stops have
been installed.
5.0 - SITE CONDITIONS AND PROTECTION
Ail traffic shall be maintained as directed by the Engineer.
Calcium Chloride shall be spread for dust control in areas as
directed by the Engineer and shall meet the requirements of the Standard
Specifications for Calcium Chloride, A.S.T.M. Designation D98.
Any damage by this Contractor to lawn areas, shrubs, etc., must be
repaired or replaced by this Contractor at his own expense to the
satisfaction of the Engineer.
Suitable barriers and caution signs shall be placed and maintained
around all excavation and parked equipment, and sufficient red lights
are to be maintained at night as precaution against accidents.
Stockpiling of tubing, fittings, etc., will only be permitted in
areas approved by the Engineer.
6.0 - CLEANING UP
This Contractor shall remove all debris and rubbish from the site
as fast as it accumulates during the course of installation of tubing and
appurtenances. All unused materials, excess excavation, etc., shall be
removed as the work progresses and on completion the line of trench and
adjacent area shall be left in substantially the same condition as
existed prior to performing the work. All cleaning up shall be to the
satisfaction of the Engineer.
PWST - 3 of 4
WATER MAINS AND APPURTENANCES - POLYETHYLENE WATER SERVICE TUBING
(CONT'D.)
7.0 - SEGREGATION OF TOPSOIL DURING TRENCHING OPERATIONS
The Contractor shall include under this work all additional costs
required to complete all trenching operations, by segregating topsoil
from the remainder of excavated soil. This may be done by trenching in
two passes, the first pass removing topsoil (approximately 6") and the
second pass excavating to the full depth. Topsoil shall be segregated
and placed on one side of the trench. The remainder of the excavation
material shall be placed on the opposite side of the trench to protect
adjacent grass areas. Also included under this work is additional work
required to replace backfill first and topsoil last.
8.0 - RESTORATION
The Plumbing Contractor is responsible for final restoration with
the exception of seeding. Seeding shall be completed under the Site
Work and Landscaping contract. This Contractor is responsible for
replacement of concrete pavement disturbed during tapping of existing
water main.
R (SOHT) PWST - 4 of 4
I-I~ HO~ 7MACHER. McLENDON & MURRELL, P.C
WATER METER AND ACCESSORIES
1.0 SCOPE
The Contractor shall furnish all labor, material and equipment to
install the water meter, as shown on the Contract Drawings, called for
in the Specifications and as directed by the Engineer.
2.0 - MATERIALS
The Contractor shall install one (1) 2" Rockwell Sealed Register
Displacement Water Meter, or equal, at the location shown on the Con-
tract Drawings. All materials and workmanship will be to the standards
and approval of the Inc. Village of Greenport.
WMA- 1 of 1
I_.t~;~ HOLZMACHER, McLENDON & MURRELL P.C.
PLUMBING - PLUMBING WORK - FLOOR DRAINS SERVICE SINKS
1.0 - SCOPE
The work includes all labor, materials, equipment and appliances
~equired for the installation of all floor drains, service sinks, plumb-
ing fixtures and piping, as shown on the Contract Drawings, specified
herein and/or as directed by the Engineer.
2.0 - GENERAL
(A) Floor drains shall be supplied and installed with waste piping
extending from them to areas designated on the Contract Drawings.
(B) Floor drains shall be "Josam" Series 36100, Type 36104 with
vertical backwater valve or approved equal, and heavy duty bronze
laminated top, cast iron body and threaded bottom outlet.
(C) Cleanouts shall be "Josam" Series 58370, Type 58374 or approved
equal. Cleanouts shall be cast iron with seriated cut-off sections,
coated cast iron cleanout plug with lead seal and heavy duty scoriated
cover with bronze top, for installation flush with finished concrete
floor.
(D) Service sinks shall be "Bannon" Series K-6716 as manufactured
by Kohler Co., Kohler, Wisconsin; Morse McCormick, Inc., or equal. Ser-
vice sinks to include all interconnected piping to insure a complete
and operational service. Service sinks to be 24" x 20" with vacuum
breaker and to be located in the grit chamber room and anaerobic digester
control room, as shown on the Contract Drawings. Contractor to submit
shop drawings of service sinks prior to installation for approval by the
Engineer.
(E) Water closet shall be American Standard "Madera," or equal,
vitreous china, No. 2222.016 with 481310-100 bolt caps, with flush valve
to be Delany Flushboy 402 VB or Sloan Royal 110, wall mounted, 1-1/2"
top spud, and elongated bowl. Seat shall be Church American Standard
5321.112 "Posturemold," open front seat, heavy duty solid plastic, with
stainless steel check hinge. All trim fittings, traps, etc., specified
herein shall be chromium plated unless specifically noted otherwise.
Toilet partitions shall be Regal floor supported-steel construction by
Global Steel Products Corp., Deer Park, N.Y., or approved equal.
(F) Lavatory shall be American Standard ~0195.073 "Roxalyn" white,
20"x18" vitreous china, front overflow, with concealed arms, and fittings
~2238.574 faucet with pop-up drain and aerator, grid strainer, 3/8"
supply pipes with stops to wall and flexible tube risers ~2303.154,
1-1/4" P trap #4418.018, American Standard or equal.
PW-FD-SS - 1 of 3
HOI. ZMACHER. McLENDON & MURRELL. P.C
PLUMBING - PLUMBING WORK - FLOOR DRAINS - SERVICE SINKS (CONT'D.)
Lavatory to be located in vanity 3' long x 2' wide x 3' high as
located on the Contract Drawings under Contract NO. 2. Electric Hot
Water Heater specified in the section entitled, "WATER SERVICE" shall
be located in the vanity. Contractor to submit five (5) sets of catalog
cuts from manufacturer of vanity prior to installation for approval by
the Engineer.
(G) Shower unit shall be Global Steel Products Corp., Deer Park,
N.Y., Type LF0-36, or equal. The unit shall be 3'-6" x 3'-6" x 82".
3.0 - PIPING
(A) All interior drainage and vent piping 3" and larger shall be
extra heavy cast iron, hub and spigot, corresponding to A.S.T.M. A-74
standard. Pipe connections to drain shall be threaded.
(B) All interior piping smaller than 3" shall be galvanized
standard weight steel piping, corresponding to A.S.T.M. A-120, Standard,
with galvanized cast iron drainage pattern fittings, A.S.A. B-16-12
standard for drainage piping, and galvanized malleable iron banded,
A.S.A. B-16C standard for vent piping. Unions shall be galvanized
malleable iron with brass seats.
(C) All exterior piping from the building floor drains shall be
the same as (A).
(D) Joints in cast iron shall be made up with picked oakum and
molten lead, poured in one continuous pour to finish with the hub full
and face smooth. Joints at drain connections shall be threaded.
(E) Joints between lead and cast iron with heavy brass ferrules
caulked as (D) and with a heavy wiped joint to lead.
(F) Joints in galvanized steel with white or red lead and oil
placed in pipe threads.
(G) Joints between galvanized steel and cast iron with spigot
ends caulked as in (D).
(H) Exterior underground piping
1.0% slope.
(I) Cleanouts shall be provided
where necessary as follows:
shall have a pitch of at least
and extend through walls and
1. At all changes of direction
2. At all traps
3. At the end of all horizontal drains
PW-FD-SS 2 of 3
I-~ HOLZMACHER, McLENDON & MURRELL, P.C
PLUMBING - PLUMBING WORK - FLOOR DRAINS - SERVICE SINKS (CONT'D.)
4.0 - TESTS
Such tests as may be directed by the Engineer shall be performed
before final acceptance shall be given. These tests shall include,
but not be limited to:
1. Hydrostatic pressure test of all water drainage
piping. (System to be filled to overflowing).
5.0 - CODES
Ail plumbing shall be in accordance with the latest editions of
the Village of Greenport/Town of Southold Plumbing Codes, and in accor-
dance with the ordinances of the State and County Health Departments.
R PW-FD-SS - 3 of 3
~{~ HOI..ZMACHER. McLENDON & MURRELL, P.C
PORTLAND CEMENT CONCRETE PAVEMENT REMOVAL & RESTORATION
1.0 SCOPE
Under the section of the specifications the Contractor shall
remove, dispose of and perform the subsequent restoration of all areas
where portland cement concrete pavements are disturbed or destroyed
as a result of the work under this Contract.
2.0 GENERAL
Ail work shall
accordance with all
503 of the Standard
State Department of
be in accordance with all applicable portions in
applicable portions of Section 500 through Section
Specifications, Construction and Materials, New York
Transportation (NYSDOT), Januar~ 2, 1981, as amended
Ail pavement to be removed shall be sawcut. The purpose of the
sawcuts is to provide a neat and true joint line between the abutting
pavement to remain and the subsequent pavement placed as part of this
Contract.
The Engineer will mark with paint all locations where sawcutting
of concrete pavements is required. The Contractor, prior to cutting
existing pavements, shall mark the cutting lines by means of a "snap
line" to assure a uniform and even cut. Concrete shall be cut with
a concrete saw to a minimum depth of at least two (2) inches for all
pavements. In the event that a deeper cut is required to obtain a
neat edge it shall be performed as part of this Contract.
3.0 LIMITS OF PAVEMENT RESTORATION
Any concrete pavement disturbed or destroyed by the Contractor
shall be restored between the two existing adjacent longitudinal
joints. In the event that a trench or excavation extends to within
ten (10) feet of a transverse joint in an existing concrete pavement,
that portion of the roadway shall be restored completely to the affected
transverse joint.
4.0 SUBGRADE AND FINE GRADING
The subgrade shall be of granular material and shall be cleaned of
all loose or foreian material, reshaped if rutted, and otherwise pre-
pared so as to provide uniform support for the pavement. All soft or
unsuitable material such as loam shall be removed to a depth of at
least twelve (12) inches, or as may be directed by the Engineer, and
replaced with suitable material approved, by the Engineer and compacted
in four (4) inch layers to the pavement base. The costs for any addi-
tional excavation and backfill shall be included in the lump sum price
bid for this Contract.
PR&R 1 of ~ /,
I._t~;~ HOLZMACHER, McLENDON & MURRELL, P.C
PORTLAND CEMENT CONCRETE PAVEMENT REMOVAL & RESTORATION
(CONT'D.)
Shaping and compaction of the subgrade shall be accomplished by
blade grading, where applicable and by rolling with an approved two
wheel or pneumatic roller. All equipn~nt for preparation of sub-
grade shall be in first class working order and shall be subject to
any inspection the Engineer may desire prior to being placed in use.
After the subgrade has been prepared and compacted to the required
uniform density and to the required elevation, alignment and cross-
section, it shall be maintained in that condition until the pavement
is placed thereon. Pavement will not be placed upon any frozen sub-
grade or upon any material which, in the opinion of the Engineer, is
unsuitable as a pavement foundation.
The subgrade to be consolidated shall be compacted to 90 percent
(90%) of maximum density at optimum moisture as determined by A.A.S.H.T.0
T-99, except that soils for a depth of 9 inches below the bottom edge of
the pavements in both cuts and embankments shall be compacted to not less
than 95 percent (95%). Soils which have a maximum density less than 100
pounds per cubic foot, as determined by A.A.S.H.T.O. T-99, shall be was-
ted or mixed with heavier soils to obtain the required weight.
5.0 PAVEMENT RESTORATION
The concrete used for all pavement restoration shall conform in
all respects to Type C Unreinforced Concrete Pavement as outlined in
Section 501 of the aforementioned N.Y.S.D.O.T. specifications. The
actual construction of all unreinforced concrete pavement shall be in
accordance with Section 502 of the N.Y.S.D.O.T. Specifications.
6.0 BASIS OF PAYMENT
The payment for all work included under this Section, such as
removing and disposing 6f all existing concrete pavements, furnishing
and constructing all new concrete pavements and performing all incidental
work necessary to complete the required pavement restoration shall be
included in the lump sum price bid for this contract.
PR&R 2 of 2
I-I~/~ HOI. ZMACHER. McLENDON & MURRELL, PC
TECHNICAL SPECIFICATIONS
CONTRACT NO, 4
ELECTRICAL
HOLZMACHER, McLENDON & MURRELL, P.C
SCOPE OF WORK - ELECTRICAL
1.0 - WORK INCLUDED
The work includes furnishing all labor, materials, equipment and
appliances necessary to construct and install all electrical equip-
ment and accessories at the Southold Scavenger Waste Treatment Facility,
as indicated on the contract drawings and herein specified. The work
covered under this section shall include, but not be limited to, the
following:
(a) Secondary, underground electric service feeder from Greenport
Power Co. service pole to the utility metering equipment, as
shown on the drawings.
(b) Installation of the main metering equipment.
(c) Main service switch.
(d) 480 volt and 120/208 volt power distribution system and dis-
tribution equipment.
(e) Motor control centers, motor starters and control stations.
(f) Lighting distribution, lighting system, lighting fixtures,
lamps, convenience outlets system.
(g) Motor power wiring.
(h) Control, alarm and instrumentation wiring.
(i) Equipment supports and miscellaneous steel for electrical
equipment.
(j) Grounding system.
(k) Temporary light and power system.
(1) All emergency lighting units.
(m) Insure that all loads are balanced.
(n) Testing.
(o) Operational testing as described elsewhere in the specifica-
tions.
(p) All associated work and incidentals necessary for a complete
working electrical system as intended by these specifications.
(q) The Contractor shall furnish to the engineer for approval,
five (5) sets of shop drawings or catalog cuts of each type
equipment being utilized prior to ordering said equipment.
SOW-E - 1 of 2
~C~_/~ HOLZMACHER, McLENOON & MURRELL. P.C
SCOPE OF WORK - ELECTRICAL (CONT'D,)
(r)
(s)
Ail necessary excavation, trenching and backfilling to com-
plete the electrical work. (Final restoration by others),
Furnishing and installing manholes, handholes and mounting
pads.
2.0 RELATED WORK NOT INCLUDED
The following principal items of work are not inCluded under this
contract:
(1) Furnishing and Installation of Motors.
SOW-E - 2 of 2
HOLZMACHER. McLENDON & MURRELL, P.C
ELECTRICAL WORK
1. GENERAL
The installation shall be in accordance with the latest rules of
the National Electrical. Code, TELCO and governing local ordinances.
The Contractor shall comply with the laws, rules and regulations of
the State, Municipal and District Departments having jurisdiction.
Upon completion of the work, an Underwriter's Certificate shall be sub-
mitted, prior to final payment request. All electrical equipment
being installed shall be UL approved and labeled.
It is required that the Contractor thoroughly familiarize himself
with all construction drawings and vendor's detailed drawings concern-
ing this project and shall coordinate his work with that of other trades.
In the event of discrepancies, the Owner shall be notified for a dis-
position prior to proceeding with the work.
No structural members shall be cut or penetrated without the
approval of the Engineer in writing.
The Contractor shall guarantee his entire installation to be free
from defective materials or workmanship for a period of one year from
date of final acceptance of the installation.
The Contractor is required to provide all necessary cutting and
patching that may be required for the installation of electrical work.
The Contractor is also responsible for excavation, trenching and back-
filling in accordance with standard construction practices for all
electrical work.
The basic bid proposal shall be made on the basis of the equipment
specified, when specific catalogue numbers are given. Substitutes on
specified equipment will not be permitted unless approved by the Engin-
eer in writing.
The Contractor shall record installation details and the actual
methods of installing conduits, panels, equipment, etc., and shall pre-
pare "As-Built" drawings for this project, as outlined in the Supplement-
ary Conditions.
WORK DONE BY OTHERS
The following items of work will be by others:
a. Installation of motors and motorized equipment.
b. Installation of electrically powered appliances.
c. Telephone instruments and wiring.
R EW - 1 of 9
I_t~ HOLZMACHER, McLENDON & MURRELL. P.C
ELECTRICAL WORK - CONT'D.
d. LOW voltage temperature control wiring, including
thermostats, aquastats and P.E. and E.P. switches.
e. Utility company transformers and metering equipment
will be furnished by Greenport Power.
The following equipment will be furnished by others, but received
at the job site and installed under this section:
a. Controllers for variable speed motor drives.
b. Pump control panels and float controllers.
3. INCOMING SERVICE
In general, service work shall conform to the drawings and shall
include secondary underground service entrance cables and connections
conforming to Utility Company specification. Secondary cabling shall
be phased per Utility Company requirements. Metering equipment en-
closure shall be furnished per Utility Company requirements.
4. CONDUIT, WIRE AND BOXES
In general, all wiring shall run exposed; or concealed in walls,
floors or hung ceilings in all finished spaces. Wire shall be copper,
type THW, ~12 AWG minimum. Service entrance conductors to be type
"USE".
Conduits shall be run exposed in all mechanical spaces and shall
be rigid heavy wall galvanized steel, exept where "PVC" is indicated.
Boxes shall be cast. Intermediate weight steel conduit may be used in
doors, above grade. All conduits, boxes, fittings shall be made up
tight and rigidly secured to the structure. Provide PVC coated elbows
for all conduits, exiting upward from earth or concrete.
Wireways shall be 6" x 6" minimum, hinged cover type.
Outdoor boxes and enclosures shall be NEMA 4, cast aluminum or
fabricated stainless steel.
5. LIGHTING FIXTURES
The Contractor shall furnish, install and connect
fixtures complete with lamps, hangers, fittings, etc.,
with the fixtures specified herein or in the drawings.
all lighting
in accordance
EW - 2 of 9
~"~ HO~MACHER. McLENDON & MURRELL, P.C
ELECTRICAL WORK - CONT'D.
6. PANELS, MOTOR STARTERS, SWITCHES AND TRANSFORMERS
Panels and switches shall be as manufactured by ITE, Cutler-Hammer,
Westinghouse or equal, in accordance with the schedules on the drawing
and provide one (1) spare set of fuses for all sizes specified (fuses
to be Fusetron, Buss or equal). Switches to be circuit breaker type,
except for safety disconnect per code. Contractor to provide sizes per
drawings and general requirements.
Transformers shall be dry type, ventilated with 4-2%% F.C. taps.
7. CONNECTION OF EQUIPMENT
The Contractor shall connect each item of electrical equipment,
whether furnished by him or not and leave it in an operating condition.
Provide suitable type "SO" rubber cords and/or matching plugs for all
items of equipment not appropriately furnished by the Manufacturer.
All non-portable motors shall be connected using liquid-rite flexible
metal conduit.
Air conditioning and heating equipment control shall be provided
in accordance with manufacturer's diagrams and included in the con-
tract as indicated on the drawings.
8. CONTROL STATIONS
The Contractor shall provide all separately mounted control stations
shown on drawings or indicated on the schedules. Control stations shall
be heavy duty NEMA 4 construction, single or in multiple, with appro-
priate nameplates indicating operation performed. Control stations
shall be as manufactured by Allen-Bradley, Cutler-Hammer, or equal.
9. WIRING DEVICES
Ail wiring devices shall be "Specification Grade", as manufactured
by Hubbell, A & H, Bryant, or equal. Switches shall be 15 ampere quiet
type. Receptacles shall be 20 ampere duplex or single outlets. Plates
shall be cast, or stainless steel in finished areas.
10. IDENTIFICATION
Ail feeder cables and control wires shall be tagged at terminal
points and in all pull boxes. Panelboards, safety switches, remote
starting control equipment, time switches, buzzers, bells and push-buttons
shall have "DYMO" nameplates describing function, purpose or equipment
controlled. Panelboard directories shall be completely typewritten, as
to loads served.
EW- 3 of 9
HOI. ZMACHER, McL£NDON & MURRELL,
ELECTRICAL WORK - CONT'D.
Metallic location tape: The location of all underground utilities
shall be marked by the use of a continuous identifying tape buried in
the trench above the conduits and shall be 12" below finished grade. The
identifying tape "Terra Tape", as manufactured by Griffolyn Co., Somerset,
or equal, shall be an inert material such as polyethylene plastic, highly
resistant to alkalis, and/or chemical components likely to be encountered
in soils. The tape shall be in bright colors for contrast with the soil,
with identifying printing in black letters, one side only. The tape shall
have printed thereon in two (2) rows with the word CAUTION on one (1) row
and BURIED (type of utility) LINE BELOW on the other line. Tapes shall
be supplied in continuous rolls. The identifying letters shall be re-
peated continuously the full lengths of the tape. Tapes shall be color
coded as directed by the Engineer.
11. COLOR CODING AND TESTS
Contractor shall color code each phase and carry code to each
panelboard and motor switch. Test shall be made by the Contractor at
the direction of the Engineer, when equipment operation is faulty.
12. GROUNDING
Ail electrical installations shall be grounded in accordance with
Article 250 of the National Electrical Code, local inspection authorities
and the requirements of the electrical utility.
13. SHOP DRAWINGS
Contractor shall furnish shop drawings, manufacturer's costs and
catalogs of all equipment furnished by him as follows: Service equip-
ment, MCC switchboards, transformers, panelboards, cabinets, disconnect
switches, alarm panel, lighting fixtures, lighting switches and re-
ceptacles, engine generator set and accessories, etc. Five (5) sets of
the above shall be provided.
14. TEMPORARY LIGHT AND POWER
Provide a system of temporary lighting and convenience outlets
throughout the building conforming to NEC, OSHA and Union minimum re-
quirements. The work shall include all fees by the Utility Company for
their work on this project. Service shall be 100 ampere minimum. All
temporary wiring shall be removed when permanent systems are operable.
Temporary sytem shall be energized during all normal working hours
of all trades.
R EW - 4 of 9
HOLZMACPIER, McLENDON & MURRELL. PC
E1-.ECTRICAB WORK - CONT~D.
15. CLEANUp
At the completion of the job, Contractor shall clean up all equip-
ment, or store same, including scratches, dents, Rustoleum paint touch-up,
etc.
16. MOTOR CONTROL CENTERS
Motor control centers shall be furnished in accordance with the
schedules on the drawings and as specified herein. Control centers shall
be the manufactured standards of Westinghouse, Cutler-Hammer, ITE, or
equal. Manufacturer shall provide all remote operator control stations
(NEMA 4) and devices.
1. Rating and Construction Requirements:
(a) Unit shall be free standing on two (2)
iintegral sections bolted together, with provision for
ias shown on the drawings.
4" channels with
future sections,
(b) Unit shall be 90 inches high, 20 inches deep with 20 inch
ide sections. Special equipment may require 30" or 36" wide sections.
for bus connections. All
iBack-to-back units shall be independent, except
icompartments shall be arranged for front access.
(c) Construction shall be dead front, NEMA Class 1, Type B,
with all internally mounted devices prewired in accordance with NEC and
!control diagrams furnished. Contractor's as-built wiring diagrams shall
ibe furnished, and shall show externally connected devices and terminal
inumbers.
(d) Voltage shall be for a 277/480 volt, 3 or 4 wire supply,
60 cycle for the Treatment Plant. Unit shall contain a continuous
ground bus throughout all sections. Ampere rating shall be as indicated
on the schedules.
Vertical and horizontal bus bars shall be braced for
unless noted.
(e)
22,000 I.C.S.
(f) Compartments shall have hinged doors, "padlock
with
off"
,Drovisions on all disconnect handles. Compartment doors shall be locked
Iclosed wzth handles mn the on posztzon, except that a defeater
mechanism shall provide access to authorized personnel.
(g) No more than six (6) compartments shall be provided in
any vertical section. Where additional compartments or sections are
needed for a manufacturer's standard design arrangement, they shall be
provided. Scheduled "spaces" shall, in general, be included and main-
tained as such with full busing for future addition of starter units.
(h) 1' x 2" phenolic white on black nameplates shall be pro-
vided for each compartment.
EW - 5 of 9
HOLZMACHER. McLENDON & MURRELL. P.C
ELECTRICAL WORK - CONT'D.
2. Component Specifications
(a) Incoming line section shall include a fixed main circuit
breaker which shall have a rating of 22,000 I.C.S. minimum and ampacity
as listed in the Schedule. Breaker shall be fitted with alarm contacts.
(b) Ammeters shall have selector switch, single phase. In-
stantaneous meters and scales calibrated to the C.T. rating, 3 in line
C.T.S. shall be provided sized equal to the main bus capacity with a 5
amp. secondary. Voltmeters shall have selector switch, single phase
instantaneous meter and bus voltage scale. Provide two 480/120 volt
fused P.T.S. voltmeters, to be connected ahead of the main circuit
breaker.
(c) Ail feeder breakers shall be thermal magnetic, 100 ampere
frame, 22,000 I.C.S. minimum at 480 volts.
(d) Motor starters shall be the combination thermal magnetic
circuit breaker type for reversing, non-reversing, multi-speed or re-
duced voltage auto transformer starting as indicated on the schedule.
Each starter shall be equipped with three (3) externally reset overload
relays, a fused 120 volt control circuit transformer, a green "push-to-
test" running light; and, as scheduled, control switches, an elapsed hour
meter and certain auxiliary devices. Elapsed hour meters shall be 6
digit non-reset type mounted on compartment door. Time delay relays
shall be adjustable type. Provide a N.O. and N.C. contact in addition to
those required for interlocking or auxiliary devices. Control wiring
shall, in general, conform to control diagrams indicated. Motor surfaces
shall be a minimum of size 1 with circuit breakers adequately sized for
the horsepower indicated. However, final horsepower sizes shall be
verified with the motor supplier.
Starter assemblies shall be integrally packaged on re-
moveable pans.
(e) Auxiliary terminal strips shall be located in either the
top or bottom wiring channels, or blank compartments.
(f) Specified lighting, power and utility panels, transformers,
transfer switches, or other devices shall conform to the schedules and
respective requirements for such items, as listed elsewhere in these
specifications.
(g) Furnish two (2) sets of spare fuses for each size used
in MCC.
3. Installation and Wiring
(a) Contractor shall coordinate the overall size of the con-
trol centers and the base and clear dimensions available. Concrete base
shall be at least 3" high and shall extend 3" beyond the unit on at
least three (3) sides. Unit shall be so positioned as to permit addition
of a future cubicle.
EW - 6 of 9
HO[_ZMACHIFR, McLENDON & MURRIFLL PC
~-LECTRIC~L WOR~ - CONT~D.
(b) Control center sections shall be assembled, set and inter-
connected, plumb and true, as a single integral assembly.
(c) Conduits entering from below shall have ground bushings
and each shall be grounded to the unit ground bus, in an approved manner.
(d) Control wiring connections shall be made in accordance
with drawings. However, where a manufacturer's diagram is furnished
showing modified wiring schemes, the Engineer shall be notified to deter-
mine the proper wiring required.
(e) Control center shall be wiped clean internally and ex-
ternally and have rubbish and wire clippings removed, prior to energiza-
tion. Exterior surface shall be washed clean of dirt, dust, plaster and
film.
(f) Contractor shall provide tagging for operational use and
acceptance of motorized equipment. Every motor starter shall be red
tagged "DANGER - DO NOT USE" until tested and verified as operational by
the Resident Engineer who shall check overload heaters, motor rotation
and proof test control circuitry, C.B. trips and ground fault settings.
A green tag shall be provided to replace the red tag when verified as
operationally ready. This green tag shall be signed and dated by the
Resident Engineer and remain in place for the duration of the contract.
This procedure is for safeguarding equipment and personnel and does not
constitute beneficial use date or final acceptance.
(g) Contractor shall provide a full length, 36" wide rubber
mat in front of the motor control center and control panel assemblies,
extending 12 inches beyond panels in each direction and cut as necessary
to clear obstacles.
17. MANUAL TRANSFER SWITCH
Transfer switch shall consist of two (2) mechanically interlocked
circuit breakers comprising the contacts and transfer mechanisms. The
transfer switch shall be Westinghouse Robonic, Euclid, or equal, and
shall be in a NEMA 1 enclosure or control center.
18.
LIGHTNING AND SURGE PROTECTION
This Contractor shall furnish and install lightning and surge pro-
tectors for the following equipment:
(t)
(2)
Ail remote signal transmitters and receivers.
All low voltage panelboards:
a. Single phase 120/240 volt, 3 wire
b. Three phase 120/208 volt, 4 wire
EW- 7 of 9
~ HOLZMACHER. McLENDON & MURRELL. P.C
ELECTRICAL WORK - CONT'D.
(3) Ail AC circuits for instruments, electronic control de-
vices and sensitive meters when mounted remote from panelboards (50 feet
or more) shall be separately protected.
Low voltage surge protector for signal lines ((1) above)
shall be Tll - 340A (20), as manufactured by Telecommunications Industries
Inc. or Joslyn, to protect panelboards. Provide the following:
For (2) a., above, Joslyn Cat. #J 9200-10, Eagle Control
Cat. #SA-20, or equal.
For (2) b., above, provide three (3) each as specified.
For (3) above, provide power line surge protector Tll-411 B-
(2) for single phase 120V and three (3) Tll-410C-(15) for 3 phase 208 V,
15 ampere circuit.
Power surge arresters for surface mounted panels shall be
mounted in wall of box.
Ail units furnished shall be UL listed, REA approved and
meet applicable standards of ANSI, NEMA IEEE and OSHA.
19. PLANT ALARM ANNUNCIATOR
(1) Alarm panels shall be illuminated 3" x 3" nameplate type,
with NEMA 12 separate enclosure, with nameplates arranged and engraved
as scheduled on the Contract Drawings.
(2) Panels shall be wired for flashing sequence "A" operation,
complete with flashers and required accessories for visual and audible
signaling. Each alarm panel shall be fused at the rating recommended
by the alarm panel manufacturer.
(3) Alarm points shall be capable of operating from a N.O. or
N.C. input contact. Lock-in or nonlock-in operation shall be selectable
for alarm point. Each alarm point shall have a single pole, isolated
auxiliary contact rated at not less than three amps at 120 volts for re-
mote connection. Auxiliary contacts shall be closed for normal conditions
and open when alarm condition exists.
(4) Alarm panels shall be for 120-volt, single phase operation.
Each panel shall include a relay to monitor power supply. Relays shall
have a DPDT auxiliary contact rated 10 amps at 120 volts for remote
connection. Panel shall be provided with battery backup, transfer.
(5) Alarm panels shall be relay annunciator type, Panalarm
Series 10, Model II, Ronan Model X2-1010 or equal.
EW - 8 of 9
~ HO~ 7MACHER. McLENDON & MURRELL. P.C
ELECTRICAL WORK - CONT'D.
(6) Relays shall be hermetically sealed plug-in type, with one
relay per alarm point. Blank nameplates shall be fully equipped and
wired with relays and terminals ready for connection.
(7) Test and silence pushbuttons and audible devices shall be
provided with each alarm panel.
EW - 9 of 9