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Home My WebLink AboutFI Sewer District Wastewater Treatment Facility I I I I I I I I . . . '. I ,) I I I I I ,I CON TRACT DOCU M ENTS FOR TH E WASTEWATER TREATMENT FACILITY FISHERS ISLAND SEWER DISTRICT C-36-1149 TOWN OF SOUTHOLD NEW YOR K JAN. 1984 HENRY SOUTHER ENGINEERING INC. A DIVISION OF A.R. LOMBARDI ASSOCIATES INC. I I I I I I I I I I I I I I I I I I I co:nILc\C':' DOCU:!~NTS FOR \lASTE\lATEC'. TRE1\TI'EN':' FACILITY !~Y, 1'18/, REVISION JULY, 1984 FOR T,IE rIS:II:R I S ISlA:~D ST:FEP. DIST~ICT C-36-1149 :::nzineer: :.renrv Souther EngineeriC1.3 Inc., a Division of A.P.. Lombardi Associates, Inc. 25 7errace Prive Vernon, Connecticut I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS Subject Pages Invitation for Bids 1-1/2 Instructions to Bidders IB-lOO/106-2 Bid Proposal IB-I07/109 Non-Collusion Affidavit of Prime Bidder IB-IIO Non-Collusion Affidavit of Subcontractor IB-Ill Bid Bond IB-112/113 Certificate as to Corporate Principal IB-114 Statement of Bidder's Qualifications IB-114/116 Agreement IB-117/ll9 Performance Bond IB-120/l22 Labor and Material Payment Bond IB-123/l25 Certification of Nonsegregated Facilities IB-126 Certification by Bidder Regarding E.E.O. IB-127 Notice to Labor Unions or Other Organizations of Workers Nondiscrimination in EmploymentIB-128 Performance Bond Information Form IB-129 Certification of Bond and Insurance Coverage IB-130 Labor Standards Provisions IB-13l/l34 General Conditions GC-lOO/150 Supplementary General Conditions SCG-0/14 Special Conditions SC-lOO/lll Technical Specifications TS-l-l/5-9 ATTACHMENTS I. Federal Regulations Regarding Change Orders For Municipal Water Quality Improvement Projects Construction Contracts I I. State and Federal Funding III. Sample Showing Information Required for a Contract Modification Under Construction Grant Program IV. Affirmative Action Requirements Equal Employment Opportunity V. Minority Business Enterprise/Woman Business Enterprise Requirements i I I I TOWN OF SOUTHOLD FISHERS ISLAND SEWER DISTRICT INVITATION TO BID C-36-ll49-03 FISHERS ISLAND WASTEWATER COLLECTION AND TREATMENT FACILITIES I I I I I I I I I I I I I I I I Sealed Bids for Fishers Island Wastwater Collection and Treatment Facilities C-36-ll49-03, Fishers Island Sewer District, Town of Southold, New York will be received by the Town of Southold, at the office of the Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971 until 1:00 p.m. Eastern Standard Time, April 15, 1985. Immediately there-after Bids will be publicly opened and read aloud. The Instructions to Bidders, Proposal Form, Plans, Specifications and other Contract Documents may be examined at the following locations on or after March 18, 1985. Office of the Engineer Henry Souther Engineering Inc. Division of A. R. Lombardi Associates, Inc. 25 Terrace Drive Vernon, Connecticut 06066 F. W. Dodge Company 10 Tower Lane Avon, Connecticut 06001 F. W. Dodge Company 305 Bic Dri ve Milford, Ct 06460 F. W. Dodge Company 78 Kenwood Street Cranston, RI 02907 F. W. Dodge Company Paramount Plaza 1221 Avenue of Americas New York, NY 10020 Office of the Town Clerk Town of Southold 53095 Main Road Southold, NY 11971 Copies may be obtained at the Office of the Engineer, and the office of the Town Clerk upon payment of $50.00 for Each Set. Payment for said copies shall be by cash or certified check only made payable to the "Town of Southold". Call Henry Souther Engineering, Division of A.R. Lombardi Associates, Inc. at (203) 872-2703 to reserve sets of Contract Documents. I-I I Any unsuccessful Bidder, upon returning such sets in good condition within thirty (30) days after opening of Bids, will be refunded his payment. Any non-bidder upon so returning such set will be refunded one-half of his payment. I I Any contract or contracts awarded under this invitation for bids are 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, or agencies or employees is or will be a party to this invitation for bids or any resulting contract. This procurement will be subject to regulations contained in 40 CFR 33.295, 33.1005 to 33.1030, 33.1105 to 33.1135 and Appendix A. I I The New York D.E.C., as a matter of policy, has determined that Grantees and their Contractors shall obtain a minimum goal of expenditures with qualified Hinority and Womens Business Contractors in accordance with the regulations in Attachment IV of the Contract Specifications. I I The prime contractor agrees that he will make good faith efforts to subcontract 10% of the contract to a Minority Business Enterprise and 2% to a Women's Business Enterprise. I Attention of the bidders is called to a requirement that the Utilization plan must be submitted by the low bidder within 15 calendar days after the bid opening. I The following name and address is available for questions regarding affirmative action plans: Ms. Picolia Macklin, N.Y.D.E.C., 50 Wolf Road, Albany, NY 12233-0001. I Bids must be accompanied by Certified Check, Cashier's or Treasurer's Check, Personal Money Order or Bid Bond, in the amount of Five Percent (5%) of Bid as a Bid Guarantee. NO BID WILL BE ACCEPTED UNLESS ACCO~lPANIED BY THE REQUIRED BID DEPOSIT. I I The Successful Bidder will be required to furnish 100% Performance and Payment Bond or Bonds subject to the conditions provided in the Instructions to Bidders. I I No Bidder may withdraw (his) (her) Bid for a period of forty five (45) days after the actual date of the Bid opening. A Pre-Bid Conference will be held at The Fishers Island Ferry District Office on Fishers Island 1:00 p.m., April 4, 1985. I A Pre-Award conference with offices, Town of Southold. Southold reserves the right all Bids. the low bidder will be held at the Town The Low Bidder must attend. The Town of to waive any informalities or to reject any or I I Judith T. Terry Town Clerk Town of Southold I I 1-2 I I I I I I I I I I I I I INSTRUCTIONS TO BIDDERS 1. BIDDING DOCUMENTS A complete set of forms consisting of Bid Proposal, Non-Collusion Affidavit of Prime Bidder, Non-Collusion Affidavit of Subcontractor, Bid Bond, certi- ficate as to Corporate Principal, and Statement of Bidder's Qualifications is contained in these Contract Documents, for use as reference by Bidders. These particular forms are not to be filled out or detached from the Contract Documents. Two sets of these forms, i~entical to those In the Contract Documents, will be provided to each potential Bidder when he ob- tains Contract Documents. Each Bidder shall fill out and submit only one set of these forms. He may use the second set for record purposes. 2. I NTERPRETAT I ON5 OR ADDENDA No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof. Every request for such an interpre- tation shall be made in writing to the Town. Any inquiry received seven or more days prior to the date fixed for opening of Bids will be given consid- eration. Every interpretation made to a Bidder will be in the form of an Addendum to the Contract Documents and, when issued, will be on file in the Office of the Supervisor at least five days before Bids are opened. In addition, all Addenda will be mailed to each person holding Con- tract Documents, but it shall be the Bidder's responsibility to make inquiry as to the Addenda issued. All such Addenda shall become part of the rontract and all Bidders shall be bound by such Addenda, whether or not received by the Bidders. J. EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS AND SITE OF WORK The Bidder is required to examine carefully the site of the work, and the proposal form, plans, special provisions, specifications and contract form for the work contemplated; and it will be assumed that he has judged for and satisfied himself as to the conditions to be encountered, as to the c~rac- ter, quality and quantities of the work to be performed, materials to be fur-. nished, and as to the requirements of the above documents and, in particular, but not llmited to, what is required under each contract item, or under the general cost of the work, or another Item, in the absence of certain contract ~ items. - I I I I I I An" subsurface information furnished Is based on the Interpretation by the TowII of investigations made only at the specific locations Indicated, .and no assurance is given that these condItions are necessarily typical of other lo- cations or that they have remained unchanged since the field data was ob- tained. No assurance is given that the presence or absence of water'" sub- surface explorations at the time of these explorations wi' I be represe.\'ative of actual conditions at the time of cOn5truction. The Contract' - shall be solely res"onsible for all assumptions, deductions; or conclusions he ",'( make or derive from his examination of any furnished subsurface infor~tion. : [3- lOO I I I I I I I I I I I I I I I I I I I 4. AlTERNATIVE OR SUPPLEMENTAL BIDS 5. No Alternative or Supplemental Bids will be considered unless such Bids are specifically requested In these Instructions to Bidders and shown on the Bid Proposal Forn. BIDS a. All Bids must be submitted on forms supplied by the Town and shall be subject to all requirements of the Contract Documents, including the. Drawings, and these INSTRUCTIONS TO BIDDERS. All Bids must be regular in every respect and no interlineations, excisions, or special conditions shall be made or included in the Bid Forms by the Bidder. b. Bid Documents including the Bid, the Bid Guaranty., the Non-Collusion Af- fidavit(s), Certification(s) Regarding Equal Employment Opportunity and the Statement of Bidder's Qualifications (if requested), shall be en- closed in envelopes (outer and inner, both of which shall be sealed and clearly labeled with the words "Bid Documents", project number, name of Bidder, and date and time of Bid Opening in order to guard against pre- mature opening of the Bid. c. The Town may consider as irregular any Bid on which there is an altera- tion of or departure from the Bid Forms hereto attached and at its option may reject the same. d. I f the Contract est responsible items, i f any. cording to the the Bid of any is awarded, it will be awarded on the basis of the low- Bid and the selected Alternative or Supplemental Bid The Contract will require the completion of the work ~- Contract Documents. The Town reserves the right to reject Bidder it considers not responsible. 6. BID GUARANTY a. The Bid must be accompanied by a Bid Guaranty which shall be fIve percent (5%) of the amount of the total bid. At the option of the Bidder, the guaranty may be a certified check, negotIable U.S. Government Bonds (at par value), or a Bid Bond In the fona attached, provided such guaranty is accompanied by a Certificate of Surety evidencing sufficient bonding ca- pacity and is licensed to do business in the State of clew York. The Bid Bond shall be secured by a Guaranty or a Surety Company listed In the latest issue of the U.S. Treasury Circular 570. The amount of such Bid Bond shall be within the maximum amount specified for such Company In said Circular 570. No Bid will be considered unless It Is accompanied by the required Guaranty. Certified check must be made payable as stated In the Invitation for Bids. Cash deposits wIll not be accepted. The Bid Guaranty shall ens.ure the. executlCll'l of the Agreement and the furnishing of the Surety Bond or Bonds by the successful BIdder, all as required by the Contract Documents. b. Revised Bids submitted before the opening of Bids, whether forwarded by mall or telegram, I f representing an. increase In excess of twO percent IS-10l I I I I I I I I I I I I ( ( I I I I I I I (2~) of the original Bid, must have the Bid Guaranty adjusted according- ly/ otherwise, the Bid will not be considered. c. Certified checks, Bid Bonds, and negotiable U.S. Government Bonds of un- successful Bidders will be returned In accordance with the Contract Doc- uments. 7. COLLUSIVE AGREEMENTS a. Each Bidder submitting a Bid to the Town for the work contemplated by the Oocuments on which bidding Is based shall execute and attach there- to the Non-Collusion Affidavlt(s) on the form(s) herein provided, to the effect that he has not colluded with any other person, firm, or corporation In regard to any Bid submitted. b. Before executing any subcontract, the successful Bidder shall submit the name of any proposed subcontractor for prior approval, and an affidavit In the form provided herein. 8. STATEMENT OF BIOOER'S QUALIFICATIONS a. Each Bidder shall, upon request of the Town, submit on the fonn furnished for that purpose (a copy of which Is included In the Contract Documents), a statement of the Bidder's qualifications, his experience record In the type of work embraced in the Contract, and his organization and equipment available for the work contemplated; and other pertinent Infonnation so contained on said form and, when specifically requested, the Town shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform his obligations under the Contract and the Bidder shall furnish the Town all such information and data for this purpose as it may request. The right Is reserved to reject any Bid where an investigation of the available evidence or Information does not ~tls- fy the Town that the Bidder Is qualified to carry out properly the terms of the Contract. b. The Town also reserves the right to consider as not responsible any Bid- der who does not habitually perfona with his own forces at least fifty percent (50~) of the dollar value of the work involved In this Contract. c. At the option of the Town, a pre-award conference may be scheduled, pro- vided one (1) week'S advance notice of the time and place of the same shall be given to the contractor. In the event of such a conference. the Town may, In Its notice to.the contractor. require the submission of the Progress Schedule mentioned In the General Conditions. In the event such a schedule Is required. the contractor ~111 submit" the Progress Schedule to the Engineer at least three (3) full working days before the date of the confer4nce. 9. CO/'\PETENCY OF BIDDERS <. " The Town reserves the right to select Bidders and may refuse to Issue a pro- posal form to any IndivIdual, partnership, firm, or corporation based upon, l8-102 I I ( I I I I I I I I ( I I I I I I I l I I but not limited to, one or more of the following facts: a. For having defaulted on previous contracts. b. For having failed to complete contracts within the time required without acceptable reasons. c. For having performed similar work in an unsatIsfactory manner. d. For having failed to prosecute work continuously, diligently, and coop- eratively in an orderly sequence. e. For failing to file with the Town a statement of Bidder's Qualifications, if required, on the form furnished by the Town, fully outlining the capi- tal equipment, work on hand, and experience of the Bidder. f. When, In the Town's judgment, the sworn statement Indicates that the Bid- der does not have the required experience In the class of work to be bid on, fails to have the proper labor and equipment to prosecute the work within the time allowed, or fails to have sufficient capital and qutck assets to finance the work. 10. DISQUALIFICATION OF BIDDERS More than one proposal for the same project from an Individual, a firm or partnership, a corporation, or an association under the same or different names will not be considered. Reasonable ground for believing that any Bid- der is interested In more than one proposal for the work contemplated will cause the rejection of all proposals In which such Bidder Is Interested. Any or all proposals will be rejected If there Is reason to believe that col- lusion exists among the Bidders, and no participants In such collusion will be considered In future proposals for the same work. Proposals In which the prices obviously are unbalanced may be rejected. Unbalanced prices shall be interpreted to mean that the unit prIce for any It.. Is such that It Is un- reasonable for that particular Item when considered by Itself and not con- sidered in' connection with the bid submitted on any other It.. or Items. No Contract will be awarded except to competent BIdders capable of perfo~lng the class of work contemplated. 11. FAMILIARITY WITH LAWS, ETC. The Bidder Is assumed to have made himself familIar with all federal and State laws and local bylaws, ordinances, and regulations which In any ..nner affect those engaged or employed In the work, or ..terlals or equipment used In or. upon the work, or affect the conduct. of the work; and no pleas of .Is- understanding will be considered on account of his Ignorance thereof. . 12. UNIT PRICES price for each of the ItemS In the propo~-Clf'each Bidder shall pro-rata share of overhead ~_p1"Cifh so that the sum of the obta multiplylni.-.tlwt-quantlty shown for each Ite.. by the /' a. unit inclu products I~-lOl I I I I I I I I I I I I ( <. I I I I I I ~ I <. it Price Bid represents the Total Bid. The quantities shown In t~ Bi roposa! are approximate estimated quantities only and are gl~ only a a basis of calculation upon which the Award of the Co act Is to be ma The Town does not assume any respons i b i 1 i ty t these quantities 11 remain unchanged In the actual constru on, and the contractor sha not plead misunderstanding or decep- on because of any variation between timated and final quantities he Unit Price Bid shall also include an llowance for increased rlces due to changed mar- ket condi tions during tn period of the Co ract. Any Bid not. confor....- ing to these requirements be rejec~. The special attention of all Bidders is called to these pro 'si~ ~or should conditions make it necessary to revise the quantit!~no limit will be fixed for such in- creased or decreased quantiti nor ~tra compensation allowed, except for work not covered in t Drawings an~Specifications as provided for in the Section: CHANG IN THE WORK unde~eneral Conditions. ~ b. All unit price include the cost of per mlng any Incidental work not spe . ically covered by the unit descrlpti or conven~nt for the completion of the unit price war I.e. Any excava- tion w>ll include any necessary pumping and/or sheeting/sBDring unless there are separate contract unit prices for pumping and/or sheeting/Shor- ing). '.. 13. CORRECTIONS Erasures or other changes in the Bid must be Initialed by the Bidder. lit. TIME FOR RECEIVING BIDS Bids received prior to the advertised hour of opening will be securely kept sealed. The officer whose duty it Is to open them will decide ~en the spe- cified time has arrived, and no Bid received thereafter will be considered, except that when a Bid arrives by mall after the time fixed for opening, but before the reading of all other Bids is completed, and It Is shown to the satisfaction of the Town that the non-arrival tl.e was due solely to delay in the ma.lls for which the Bidder was not responsible, will such lId be re- ceived and considered. 15. OPENING OF BIDS At the time and place fixed for the openIng of lids, the Town will cause to be opened and publicly read aloud every lid received within the tTme set for receiving Bids, Irrespective of any Irregularities therein. Ildders and other persons properly Interested may be present, In. person or by representa- tive. 16. WITHDRAWAL OF BIDS , lids may be withdrawn on written or"telegraphlc request dispatched by the Ildder In time for delivery in the normal course of business to the time fixed for opening, provided that written confirmation of any telegraphic wlthdr~al over the signature of the Ildder Is placed In the mall and post- 18-104 I I I I I I I I I I I I I I I I I I I ( ~rked prior to the time set for Bid opening. The Bid Guaranty of any Bid- der withdrawing his Bid in accordance with the foregoing conditions will be returned promptly. 17. AWARD OF CONTRACT/REJECTION OF BIDS a. If the Contract is awarded, It will be awarded to the responsible Bidder submitting the lowest Bid complying with the conditions of the Invitation for Bids and the Instructions to Bidders. The Bidder to whom the award. is made will be notified at the earliest possible date. The Town, h0w- ever, reserves the right to reject any and all Bids any to waive any in- formality in Bids received whenever such rejection or waiver is in Its Interest. b. The Town also reserves the right to consider as not responsible any Bid- der who does not habitually perform with his own forces at least fifty percent (sot) of the doliar value of the work involved in this Contract. 18. EXECUTION OF AGREE~ENT/PERFORHANCE BOND, LABOR AND MATERIAL PAY~ENT BOND a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the Town, an Agreement in the form Included In the Con- tract Documents in such number of copies as the Town may require. l b. Having satisfied all conditions of award as set forth elsewhere in these Documents, the successful Bidder shall, within the period specified in Paragraph a. above, furnish a Perfor.ance Bond in a penal su. of not less than one hundred percent (lOOt) and a Labor and Katerial Payment Bond in a penal sum of not less than one hundred percent (lOOt) of the Contract as awarded, as security for the faithful perfonaance of the Contract, and for the payment of all persons, firms, or corporations to whoaI the Con- tractor may become legally Indebted for labor, ..terlals, tools, equip- ment, or servIces of any nature, includIng utility and transportation services employed or used by hi. In perforalng the work. Such bonds sha 11 be In the same fona as that Included In the Contract Doc_nts and shall tiear the same date as, or a date subsequent to, that of the Agree- ment. The current power of attorney for the person who signs for any Surety Company shall be attached to such bonds. These bonds shall be signed by a Guaranty or Surety Company licensed to sign surety bonds in the State of New York listed In the latest issue of the U.S. Treasury Circular 570, and the penal sum shall be within the maximum specified for such Company In said Circular 570. c. Only If required by local or State I~, the contractor shall submit a "Contract Bond" In lieu of the "Performance Bond" and "Labor and Katerlal Payment Bond". Said Contract Bond,. If requlred,shall ... In the fora con- tained herein. d. Notwithstanding the foregoIng, all bonds required by I~ shall be In ac. cordance with the fona and substance so requlred.by law. ( r 6-10 ') I I I ( I I I I I I I ( I I I I I I I I I e. The failure of the successful Bidder to execute such Agreement and to supply the required bonds within ten (to) days after the prescribed forms are presented for signature, or within such extended period as the Town may grant based upon reasons determined sufficient by the Town, shall constitute a default, and the Town may either award the Contract to the next lowest Bidd~r or readvertlse for Bids. In the event of such default, the Bidder shall be obligated to the Town in the amount of the Bid Guaranty as liquidated damages for such default. 19. RETURN OF PROPOSAL GUARANTY All proposal guaranties will be returned within five (5) working days follow- ing the award of the Contract. When the award is deferred for a period of time longer than ten (10) calendar days after the opening of the proposals, all guaranties except those of the three lowest responsible bidders will be returned. Should no award be made wIthin forty-five (45) calendar days after the opening of proposals, all proposals may be rejected and the proposal guar- anties returned, except that with the approval of the Bidder and the Surety, the Town may extend the time for the award and may retain the proposal and proposal guaranty of the lowest responsible Bidder for as long a tIme as may be agreed upon by the Town, Bidder, and Surety. lO. WAGES AND SALARIES a. Attention of Bidders is particularly called to the requirements concern- ing the payment of not less than the prevailing wage and salary rates specified in the Contract Documents and the conditions of employment with respect to certaIn categories and classifications of employees. See the General Conditions. b. The rates of pay set forth under the General Conditions are t~ .Inl~ to be paid during the life of the Contract. It Is, therefore, the re- sponsibility of Bidders to inform themselves as to local labor conditions, such as the length of the work day and work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments of rates. 21. EQUAL EMPLOYMENT OPPORTUNITY a. Attention of Bidders is particularly called to the requirements for en- suring that employees and applicants for employment are not discrimInated against because of their race, color, religion, sex, or national origin. b. Each BIdder submitting a Bid to the Town shall execute and attach thereto the Certiflcatlon(s) Regarding Equal Employment Opportunity. Although the Bidder Is not required to attach such CertifIcation by proposed sub- contractors to hIs Bid, the Bldder.ls hereby advIsed of this requlr~..nt so that appropriate action can ~e taken to prevent subsequent delay In subcontract awards. ( .c. Affirmative Action Requirements for the proJ'ect in Attachment IV. are contained 1U-100-1 I I I 22. TAX EXEMPTIONS Under Chapter 513 of the Laws of New York, 1974 all materials and supplies sold to a Contractor and which are to become an integral, component part of a structure, building or real property owned by an exempt organization such as the Fishers Island Sewer District are exempt from the payment of New York State sales or compensatory use taxes. Therefore, the Contractor should not include any amount in its bid price to cover New York State sales tax for the above items. I I I I I I I I I I 23. USEPA's MASTER LIST OF DEBARMENTS Award of contract or subcontracts are specifically for- bidden to any firm or individual listed on USEPA's Master List of debarments/suspensions, and voluntary exclusions. The Contractor, if intending to award subcon- tracts should contact the Grantee who will in turn contact the appropriate NYSDEC Project Section Chief or Project Engineer to determine if an individual or firm is currently listed. 24. MINORITY BUSINESS ENTERPRISE AND WOMEN BUSINESS ENTERPRISE The Contractor is advised that the project is subject to the New York State Department of Environmental Conservation Standard. MBE/WBE Conditions for Construction Contracts. The approved MBE goal for this project is 2%. The standard conditions for this construction contract are contained in Attachment V. I I I IB - 106 - 2" I I I I I I I I I I I I I I I I I I I I I I BID PROPOSAL/LUMP SUM BID PROJECT NO. TO: Town of Southold Fishers Island Sewer District 53095 Hain Road Southold, NY 11971 Gent I emen: I. The undersigned, ~ylng familiarized (himself, itself, themselves) with the existing conditions on the Project Area affecting the cost of the work, and with the Contract Documents as set forth in Article 3 CONTRACT OOCUKENTS, of the Agreement; and on file in the Office of the ToWTl Supervisor hereby proposes to furnish all supervision. technical personnel, labor, ma- terials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to perform and complete this Contract, all in accordance with above-listed Documents at and for the following unit and lump sum prices. (The price is to be written in both words and figures. In case of discrepancy, those shown in words will govern). The Lump Sum Base Bid by me (us) includes all work indicated on the drawings and/or described in the specifications. LUMP SUM BID OF: (WRITTEN) DOLLARS and CENTS. $ c SIGNED DATE In-l07 I I I I I I I I I I I I I I I I I I I 2. In sub",i tting this 8id, the 8idder understands that the right is reserved by the Town to reject any or all 8ids. If written notice of the acceptance of this Bid is mai led, telegraphed or delivered to the undersigned within the time limit specified for holding of 8ids for review in the "Invitation for 8ids" after the opening thereof, or at any tiOle thereafter before this Bid is withdrawn, the undersigned agreeslto execute and deliver an Agreement in the prescribed form and furnish the required bonds within ten (10) days after the Agreement is presented to him for signature. 3. Securi ty in the sum of Dollars ($ in the form of is submitted herewi eh in accordance wi tn the Instructions to Bidders. i It. Attached hereto is: a. Affidavids) in proof that the undersigned has not colluded with any per- son in respect to this Bid or any other Bid or the submi tting of Bids for the Contract for which this Bid is submi ned. b. The Bidder is prepared ~o ~ubm;t a financial and experience statement upon request. CERTIFICATION OF NONSEGREGATED FACILITIES This Bidder certifies that he does not maintain or provide for his employees any segregated faci lities at any of his establishments, and that he does not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated faci lities at any of his establishments, and that he will not permit his employees to perform their ser- vices at any location under his control where segregated faci lities are maintained. The Bidder agrees that a breach of his certification wi II be a violation of the Equal Opportunity clause in any Contract resulting from acceptance of this Bid. As '.Jsed in this c.ertification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms. restaurants and other eating areas. time clocks. locker rooms and other storage or dressing areas, parking loc~. drink- ing fountains, recreation or entertainment areas, transportation, and housing fa- cilities provided for employees which are segregated by explicit directive or are, in fact, segregated on the basis of race. color, rei igion or national origin, be- cause of habit, local custom, or otherwise. The Bidder agrees that (except where he has obtained identical certification from proposed subcontr.actors for specific time periods), he wi II obtain identical certi fica.tions frQ(!l proposed subcontractors prior to the award of subcontracts exceeding 510,000 which are not exempt from th~ provi~jons of the Equal Opportu~j[t cl~u~~. ~nd that n~ wi It retain sucn certifi- cations in his files. NOTE: The ;Jenalt.., for I"ldki",,' ~.~l..~. "(.l("'~,'r.t, ;n .....ffcr~ iC) prcC)cribed in 18 U.5.C. ~,)ragraph 1001. IB-10G I I I I I I I I I I I I I I I I I I I Date: Official Address: By: . Ti tIe: RECEIPT DF ADDENDA Addendum I 2 3 ~ Signature Firm's Treasury Number: Date All principals' Social Security Numbers and full nome address: Principal's Name and Number: IB-109 Principal's Full Address: I I I I I I I I I I I I I I I I I I I NON-COLLUSION AFFIDAVIT OF PRIHE BIDDER STATE OF ) ) S5. ) COUNTY OF , , being first duly sworn, deposes and says that: 1. He Is of . the Bldder that has submitted the attached Bid; for FISHERS ISLA!lD :-lASTEWATER TRFA'T'MF:m' FAr.n,TTH'S c- 36-1149. 2. ~e is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid Is genuine and is not a collusive or sham Bid; ,. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties of interest, including this affiant, has in any way colluded, conspired, connived or agreed directly or indirectly. with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain fro. bidding in connection with such Contract, or has in any man- ner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the. price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advan- tage against the Town of Southold or any person Interested in the proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Ti tIe) Subscribed and sworn to before me this day of , 19_, Notary Pub Ii c Hy Commlssion Expires IB-110 ----- I I I I I I I I I I I I I I I I I I I NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR STATE OF ) ) SS. ) COUNTY OF . , , be i ng fi rst duly sworn, deposes and says t~at: 1. He is of referred to as t~e "Subcontractor"; , ~ereinafter 2. He is fully informed respecting t~e preparation and contents of t~e Subcon- tractor's Proposal submitted by t~e Subcontractor to .' the Contractor for certain work in the construction of FISHERS ISLAND \.lASTEHATER TREATHENT FACJT.ITI'RS r.-36-114 3. Such Subcontractor's 'roposal is genuine and is not a collusive or s~am pro- posal; ,. Neither the Subcontractor nor any of its officers, partners, owners, agents, representatives, employees or.parties in interest, including this affiant, has in any way colluded. conspired, connived or agreed, directly or indirect- ly, with any other Bidder, firm or person to submit a collusive or sham Pro- pos~l in connection with such Contract or to refrain from submitting a Pro- posal in connection with such Contract, or has in any manner, directly or in- directly, sought by unlawful agreement or connivance with any other Bidder, firm or person to fix the price or prices in said Subcontractor's Proposal, or to fix any over~ead, profit or cost element of the price or prices in said Subcontractor's Proposa', or to secure throug~ collusion, conspiracy, conni- vance or unlawful agreement any advantage against the Town of Southold or any person interested in the proposed Contract; and 5. The price or prices quoted In the Subcontractor's Propo;al are fair and prop- er and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees or parties in interest, including this affiant. (S igned) (TI tIe) Subscribed and sworn to before me this day of , 19_. Notary Public ~ CO<M\ission Expires IB- 111 I I I I I I I I I I I I I I I I I I I BID BONO KHOW All MEN BY THESE PRESENTS, That we the undersigned I as Principal, and as Surety, are held and firmly bound unto the Town of Southo1d . hereinafter call ed the "Town", in the penal sum of Oollars, (5 ), lawful money of the United States, for the payment of which sum well and truly to be made. we bind ourselves, our heirs, executors, administrators, successors, and as- signs, jointly and severally. firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH. That whereas the Principal has submitted the Accompanying Bid. dated , 19___, for the Construction of FISHERS ISLAND WASTRWATR'1 T~RA'rHR1\IT l>Ar.TT,T1'T1"~ C-1fi-l14Cl \ ... .~: . NOW THEREFORE. If the Principal shall not withdraw saId Bid within the period spe- cified therein after the opening of the same, or within any extended time period agreed to by the Principal, Surety and Town. or, If no period be specified, within forty-five ('5) days after"the said opening, and shall within the period specified therefor, or if no period be specified. within ten (10) days after the prescribed fOnDS are presented to him for signature. enter Into a written Contract with the Town in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required for the faithful performance and proper ful- fillment of such Contract; then the above obligation shall be null and void and of no effect, otherwise to remain in full f~ce or virtue. Failure to comply with the aforementioned condition shall result In the forfeiture of this Bid Bond as liquidated damages. IN WITNESS WHEREOF, The above-bounded parties have executed this instrument under the i r severa I sea 1 s th i s day of ,19 ,the name and corporate seal of each corporate party being hereto affixed and-c1lese presents signed by its undersigned representative, pursuant to authority of its governing body. No extension of time or other modification of this Bid Bond shall be valid unless agreed to in wrIting by the parties to this Bond. IB- 112 I I I I I I I I I I I I I I I I I I I IN PRESENCE OF: (SEAL) Individual Principal , Business Address Business Address Attest: By: Corporate Principal. Business Address By: Attest: Corporate Surety Business Address By: Countersigned By: (SEAL) Affix CorpOT ate Seal Affix Corporate Seal *Attorney-in-Fact. State of *Pewer-of-Attorney for person signing for Surety Company must be attached to 80nd. 1B-113 I I I I I I I I I I I I I I I I I I I CERTIFICATE AS TO CORPORATE PRINCIPAL I, , ,ertify that I am the . . 1 Se,retary of the Corporation named as Prin,ipal in the within bond; that whO signed the said bond on behalf of the Prin,ipal was then of said Corpration; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said Corpora- tion by authority of this governing body. (Corpora tel (Sea I I (T it Ie) IB- 114 I STATEHENT OF BIOOER'S QUALIFICATIONS I (To be submitted by the Bidder only upon the specific request of the Town.) I All questions must be answered and This statement must be notarized. arate attached sheets. The Bidder 5 ires: the.4ata given must be clear and comprehensive. If necessary, questions may be answered on sep- may submit any additional information he de- I I 1. Name of Bidder. 2. Permanent main office address. I 3. When organized. 4. If a corporation, ..here incorporated. I 5. How many years have you been engaged in the contracting business under your present firm or trade name7 I 6. Contracts on hand: (Schedule these. showing amount of each contract and th~ appropriate anticipated dates of completion.) I 7. Genera I charac ter of 'wOrk performed. by your company. I 8. Have you ever fai led to complete any work awarded to you? If so, ..here lnd why? 9. Have you ever defaulted on a contract? If so. where and why7 I 10. List the more important projects recently completed by your company., stating the approximate coSt for each, and the month and year completed. I 11. list your major equipment avai lable for this Contract. 12. List your experience in work similar to this project. I 13. List the background and experience of the principal members of your organi- zation, including offic.ers. I 14. List the work to be performed by Subcontractors and summarize the dollar value of each Subcontract. I .15. Credit available: S 16. Give bank reference: I 17. Wi 11 you, upon request. fi I lout a detai led financial statement and furnish any other inforMation that may be required by the Town? I I IB- 115 I I 18. The undersigned hereby authorizes and requests any person, firm or corpora- tion to furnish any information requeHed by the TOwn in verification of the recit.ls comprising this Statement of Bidder's Qualifications, I Dued this day of 1'3_, I . I Name of Bidder I I By: Tit Ie: I STATE OF ) ) 55. ) I COUNTY OF I being duly sworn deposes and says P'Ia t he is of I Name of Organization I and that the answers to the foregOing Questions and all statements therein con- tained are true and correct. I Sub;cribed and sworn to before day 0 f me this 1'3_ I I Notary Pub Ii c I My Commission Expires 1'3_, I I I I IB- 116 I I I I I I I I I I I I I I I I I I I I AGREEMENT FISHERS ISLAm) HASTE1,IATER TREATIlEIIT FACILI7IES C-36-1149 THIS AGREEMENT, ~de this day of'. . , , 19___, by and between (a Corporation organized and existing under the laws of the State of l* (a Partnership consisting of l* (an individual trading as l* hereinafter called the "Contractor" and the Town of Southold, hereinafter called the "Town". WITNESSETH, That the Contractor and the Town, for the considerations stated here- in, ....tually i'gree as follows: Article 1. Statement of Work: The Contractor shall furnish all supervisio", technical personnel, labor, materials, machinery, tools, appurtenances, equipment and services, including utility and transportation services and perform and com- plete all work and required supplemental work for the completion of the Project in strict accordance with the 'hereinafter referenced Contract Documents, including all Addenda thereto, numbered a II as prepared by the Town of Southold and in these Contract Documents. referred to as the "fng ineerfl, HOw-ner" t I'TO\orin". or 'Dis trict" . Article 2. The Contract Price: The Town will pay the Contractor for the performance of the Contract in current funds, for the total unit price bid. *St.rike out. the two terms not appl icable. IB- 117 I I I I I I I I I I I I I I I I I I I Article Contr~ct Documents: The Contr~ct Documents shall consist of the following including their ~tt~chments ~nd exhibits): a. This Agreement b. Addenda c. Invitation for Bids d. Instructions to Bidders e. Signed copy of Bid, with ~Il at- t tachments required for the bidding f. Special Conditions g. General Conditions h. Technical Specifications i. Drawings (as listed in Schedule of Drawings) j. Payment and Performance Bonds ~. Certificates of Insurance 1. Exhibits not included as part of the documents listed above This Agreement, together with other Documents enumerated in this Article 3. which said other Documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. IN WITNESS WHEREOF, The parties hereto have caused this AGREEMENT to be executed in six (6) original copies on the day and year first above written. ATTEST: Ti t Ie: Title: IB- 118 Contractor By: Street City. State, Zip Code Tmm OF SOUTHOLD By: I CERTIFICATIONS: I I, certify that I am the I of the Corpora t ion I named as Contractor herein; that I who signed this Agreement on behalf of the Con- tractor. was then of the said. I Corporation; that said ration by authority of rate powers. Agreement was duly signed for and in behalf of said Corpo- its governing body, and is within the scope of its cor po- I I Corporate I SEAL I I I I I I I I I I IB-1l9 I I PE~FO~HANCE BONO FISHERS ISLAND WASTEWATER TREATMEtIT FACILITIES C-36-1149 I KNOW ALL HEN BY THESE P~ESENTS. rhat I , as PY"inclpal, hereinafter called Contractor, " . and I as Surety, hereinafter called Surety, are held and firmly bound unto the Town of Southold as Obi igee, hereinaFter called Town, in the amount of I Dollars ($ ), for I I payment whereoF Principal and Surety bind themselves, their heirs, executors, ad- ministrators, successors and assigns, jointly and severally, Firmly by these presents. WHE~EAS. Contractor has by written agreement dated ,19_ I I the Construct ion of Fishers Is land . which Contract is by reference to as the Contract. I NOW, THEREFORE, The condition of this obligation is such that, iF Contractor shall promptly and faithfully perForm said Contract, including such remedial work as may be required under the guaranty during the period of guaranty and shall certify in writing that all wages paid under said Contract to any mechanic, laborer or work- man were equal to the rates or wages customary or then prevail ing for the same trade or occupation in llew York, then" this obI igation shall be nul I and void, otherwise it shall remain in full force and effect. I The Surety hereby waives notice of any alteration or extension of time made by the Town. I Whenever Contractor shall be, and declared by the Town to be in default under the Contract, the Town having performed the Town's obI igations thereunder, the Surety may promptly remedy the default or shall promptly: I I 1. Complete the Contract in accordance with its terms and conditions, by another Contractor accePtable to the Town, said other Contractor to act as an agent for the Surety, or I I , 2. Obtain a Bid or Bids for submission to the Town for completing the Con- tract in accord~nce with its terms and conditions. and upon determina- tion by the Town and Surety of t~e lowest responsible Bidder, arrange for a Contract between such Bidder and Town", and make available as work progresses (even though there'should be a default or-a succession of de- faults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the bal- ance of the contract price, but not exceeding, including, other costs and damages For which the Surety may be liable hereunder, the amount set I IB-120 I I forth in the first paragraph hereof. The terms "balance of the contract price", U used in this paragraph, shall mean the total amount payable by the Town to the Contractor under the Contract and any amendments theretO, less the amount properly paid by the Town to the Contractor. I I I I Unless otherwise required by law, any suit" under this Bond must be instituted be- fore the expiration of one (1) year from t~ date on which the guaranty period under the Contract expires. ., No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Town named herein or the heirs, executors. .dministra- tors and successors of the Town. I I I IN WIT~ESS WHEREOF, The above-bounded parties have executed this instrument under their several seals this day of . 19 . the name and corporate seal of each corporate party being hereto affixed and-chese presents signed by its undersigned representative, pursuant to authority of its governing body. IN PRESEtlCE OF: (S EAL) Individual Principal Business Address I (SEAL! I Business Address I Attest: By: I Corporate Principal Business Address I By: Affix Corpora te Seal I I I ; I 1B-121 I I I Attest: Corporate Surety I Business Address . , I By: Affix Corporate Seal I Countersigned: I I I I By: 'Attorney-in-Fact. State of 'Power-of-Attorney for person signing for Surety Company must be attached to BonO- I I I I I I I I I IB- 122 I I BONO NO. I LABOR AND HATERIA~ PAYHENT BONO I . , NOTE: This Bond is issued simultaneously with another Bond in favor of the Town conditioned for the full and faithful performance of the Contract. I I KNOW ALL MEN BY THESE PRESENTS. That . as Principal (hereinafter called I I P r i nc i pa 11. and as Surety (hereinafter called Surety), are held and firmly bound unto the Town of C;outhold as Obligee (hereinafter called Town) for the use and benefit of claim- ants as hereinbelow defined; in the amount of Collars I ($ bind themselves, their heirs. jointly and severally, firmly ), for the payment whereof Principal and Surety executors, administrators, successors, and assigns. by these presents. I ~HEREAS, Principal has by written agreement dated I I I of the Fishers reference made a . entered into a Contract with the Town fnr the Construction Is land Wastewst..r Treatmen~ Faci~t~sWIT~ft Contract is by pari hereof, an 1S herefhafter ref err as the Contract. NOW, THEREFORE. The condition of this obligation is such that, .if the said Principal shall promptly pay for all materials furnished and labor supplied or performed in the prosecution of the work included in and under the aforesaid Contract, whether or not the material or labor enters into and becomes a component part of the real asset, then obligation shall be null and void; otherwise it shall remain and be in full force and effect. I I PROVIDED, That any alterations which may be made in the terms of the Contract or in the work to be done under it, or the giving by the Obligee of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Obligee or the Principal to the other shall not in any way release the Principal and the Surety or either or any of them, their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the Surety of any such alterations, extension, or forbearance being hereby waived. I I Any party. whether a subcontractor or otherwise, who furnished materials or supplies or performs labor or services in the prosecution of the work under said Contract, and who is not paid therefor. may bring a suit on this Bond in th.: I I IB- 123 I I name of the person suln9. prosecute the same to a final judgment. and have e~ecu- tion thereon for SUCh sum as may be justly due. I IN WITNESS WHEREO~. The above-bounded parties ment under their several seals this day of the name and corporate seal of eaCh corporate party being hereto affixed presents signed by its undersigned represe~tative. pursuant to authority governing body. . , have executed this instru- . 19 . and these of its I I IN PRESENCE O~: I (SEAL) Individual Principal I I Business Address (SEAL) Business Address I I Attest: By: Corporate Principal I I I Business Address By: Affi ~ Corporate Sea I I I I I I I 1B-124 I I I I I I I I I I I I I I I I I I I I Attest: Countersigned: By: ~Attorney-in-Fact. State of Corporate Surety , , Business Address By: Affi. Corporate Seal *Pow'er-of-Attorney for person sign i ng for Surety Company must be attached to Bond. IB-125 I I I I I I I I I I I I I I I I I J I -:,,:'- u.s. ENVIRONMENTAL PROTECTION AGENCY CERTIFICATION OF NONSEGREGATED FACILITIES Applicable to federally assisted construction contracts and related subcontracts exceeding ten thousand dollars ($10,000.00) which are not exempt from the Equal Opportunity clause. The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facili- ties at any of his establishments, and that he does not permit his em- ployees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not main~ain 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 federally assisted construction con- tractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term .segregated facilities. means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certif- ications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding ten thousand dollars ($10,000.00) which are not exempt from the provisions of the Equal Op- portunity clause, and that he will retain such certifications in his files. Signature Date Name and Title of Signer (Please Type) The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. (EPA, Region II, 2/24/75) IB-126 OOG39 I I I I I I I I I I I I I I I I I I I ~. u.s. ENVIRONMENTAL PROTECTION AGENCY CERTIFICATION BY BIDDER REGARDING EQUAL EMPLOTI1ENT OPPORTUNITY Name of Bidder Project Number INSTRUCTIONS This certification is required pursuant to Executive Order 11246, 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 con- tract or subcontract subject to the equal opportunity clause; and, if so, whether he has filed all compliance reports due under applicable filing requirements. CONTRACTOR'S CERTIFICATION Contractor's Name: Address: 1. Bidder has participated in a previous contract or subcontract sub- ject to the Equal Opportunity Clause. YES NO 2. 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-100. YES NO 4. If answer to Item 3 is "NO", please explain in detail on reverse side of this certification. Certification - The information 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). (NAME AND TITLE OF SIGNER - PLEASE TYPE) By: Date: (SIGNATURE) (EPA, REGION II, 2/24/75) 00040 IB-127 I I I I I I I I I I I I I I I I I I I , '"1J12 , I - NOTICE TO LABOR UNIONS OR OTHER ORGANIZATIONS OF WORKERS NONDISCRIMINATION IN EMPLOTI1ENT To: (Name of un~on or orgQnizat~on of workers) The undersigned currently holds contract (s) with involving funds or credit of the U.S. (s) with a prime contractor holding such (Name of App1~cant) Government or (a) subcontract contract (s). You are advised that under the provisions of the above contract (s) or subcontract (s) and in accordance with Executive Order 11246 dated September 24, 1965, the undersigned is obliged not to discriminate against any employee or applicant for employment because of race, color, creed, or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: FIRING, PLACEMENT, UPGRADING, TRANSFER, OR DE!10TION RECRUITMENT, ADVERTISING, OR SOLICITATION FOR EMPLOYMENT TRAINING DURING EMPLOYMENT, RATES OF PAY OR OTHER FORMS OF COMPENSATION, SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION. This notice is furnished you pursuant to the provisions of the above contract (s) or subcontract (s) and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available .to employees or applicants for employment. /s/ (Contractor or Subcontractor) (DATE) 00041 IB-128 I I I I I I I I I I I I I . I I I I I , .... ::> NEW YORK ST.".TE DEPART:1ENT OF ENVIRONMEOlT.ru. CONSERVATI:JN DIVISION OF PORE WATERS BOREAO OF SEWAGE PROGRAMS Performance Bond Information Form Project C-36- Construction Contract Number: Name of Contract: Name of Contractor: Address: Bonding Company or Person Issuing Security Bond: Address: Bonding Company Agent: Address: Amount of Bond: $ Duration of Bond, From: To: Identification Number of Bond: IB-IZ9 00042 I I I I I I I I I I I I I I I I I I I "7 SUGGESTED FORMAT CERTIFICATION OF BOND AND INSURANCE COVERAGE Name of Applicant: Project No.: Contract No.: CONTRACTOR: Contract Cost: $ ---------------------1-----------------1----------1----------1-------- I COMPANY & I I EXPIRATION DATE ITEM I POLICY NUMBER I AMOONT I ORIGINAL I RENEVlAL ---------------------1-----------------1----------1----------1-------- Performance Bond I I I I ---------------------1-----------------1----------1----------1-------- Labor & Material I I I I Bond I I I I ---------------------1-----------------1----------1----------1-------- Bodily Injury I I I I Public Liability I I I I ---------------------1-----------------1----------1----------1-------- Property Damage I I I I Liability I I I I ---------------------1-----------------1----------1----------1-------- Auto Public I I I I Liability I I I I ---------------------1-----------------1----------1----------1-------- Auto Property I I I I Damage Liability I I I I ---------------------1-----------------1----------1----------1-------- Fire & Extended I I I I Coverage I I I I (Builder's Risk) I I I I ---------------------1-----------------1----------1----------1-------- Vlorkmen's I I NIA I I Compensation I I I I ---------------------1-----------------1----------1----------1-------- Owner's Protective I I I I Liability I I I I ---------------------1-----------------1----------1----------1-------- I certify that the above coverage in the amounts indicated is ried on the project. These policies will be kept in force for duration of the construction of the project and will be renewed necessary. car- the when These vironmental project. documents will be available for inspection by the U.S. En- Protection Agency personnel during the life of the By Date: (Title) (Name) 00044 1B-130 U.S. CNVIIIIONWCNTAI- PIIIOTItC:T10N "'~CNC:Y LABOR STANDARDS PROVISIONS FOR FEDERALLY ASSISTED CONSTRUCTION CONTRACTS DAVIS-BACON ACT (40 L.S.C. :';"na-:76a-7) (al All mechanics and laborers. including a~prentices and trainees. employed or working directly upon the site of the work ~hall be paid unconditionally and not less often than once a week. and without subsequent deduction or rebate on any ac- count lexcept such payroll deductions as are permined by the Copeland Regulations (29 CFR P:ut 3)). the full amounts due at time of payment computed at wage rates not less than the aggre. gate of the basic hourly rates and [he rates of payments. contri- butions. or ..:osts for any fringe benefits contained in the wage determin;uion decision of the Secretary of Labor which is at- tached hereto and made a part hereof. regardless of any contrac- tual relationship which may be allegecJ to e.,ist between the Con. tractor or subcontractor and such laborers and mechanics. A copy of such wage determination decision shall be ke~t posted by [he ContnlClor J.t the site of the work in a prominent place where it can be easily ~een by the workers. Ibl The Contractor may discharge his obligation under this clause [0 workers in any classificJ.tion for which the wage deter- mination decision contains: t II Only J. basic hourly rale of pay. by making payment at not less Ihan such ba~ic hourly rale. e.'tcepl as ...lIherwise provid. ~d in the Copef<l.nd Regulalions 129 CFR Part 3l: or {2\ Borh a ba~lc hourly rate of pay J.nd fringe benefits pay. ments. by making payment in cash. by irrevocably making con. lribUlions pursuant to a fund. plan. or program for. and/or by J~,uming an ~nforceable commitment to be:J.r the cost of. bona' thJe fringe benefits contemplated by the Davis-Bacon Act. or by any combination Ihereof. Contributions made. or cosu assumed. on other than a weekly basis shall be considered as having been ,un~truclively ma/Je or assumed dunng a weekly period 10 the ~:uenl that they apply to such period. Where a fringe benefir is ~,presseu In a wagc Jeterminalio"n in any manner olher than as' ..In hOllrly rale Jnd the Cuntractor pay~ a cash equiv"lenl or pro- vil.le... .1n ..\llernatlve fringe benefit. he shall furnish informal ion With hi~ payrolls showing how he determined that the cost In- curred 10 make Ihe cash payment or to provide the alternative fnnge benerit is equal to the cost of Ihe wage determination fnnge benefit. In any case where the Contractor provides a fringe benefit dilferent from any \:ontained in Ihe wage determi- nation. he shall similarly ,how now ne arrived al the hourly rate ,hown therefor. In the event of di:'lagreement between or :1mong the interested parties as to an equivalent of any fringe benefit. the Conrracting Officer shall submit the question. together with his recommendation. 10 (he Secretary of Labor for final determi- nation. Icl The assumption of an enforceable commitment (0 bear the cost of fringe benents. or the provision of any fringe benefits nOI e.'\pressly listed in section I (bl(2) of the Davis-Bacon Act or in the wage determination decision forming a pan of the contnlct. may be considered as payment of ......agcs only with the approv:J.1 of the' Secretary of Labor pursuant to a written request by the Contractor. The Secretary of Labor may require the Contractor to sel aside assets. in a separate account. to meet hi~ obligations under any unfunded plan or program. Id) The Contnlcting Officer shall require that any class of la- borers or mechaMlcs. including apprentices and trainees. which is not lisled in the wage determinalion deciSion and which is to be employed under the contract shall be classified or redassified conformably to the wage determination deCIsion. and shall reo port the action taken to the Secrelary of Labor. If the interested parties cannot agree on the proper classification or reclassifica- !PA P.... $720-4 15_73) IB-131 tion of a particular class of laborers or mechanics 10 be used. rl"l Contracting Officer shall submit the queslion. together wllh hi recommendation. to the Secretary of Labor (or final determina tion. Apprentices and trainees may be added 'under this claus only where they are employed pursuant to ~n apprenticeship c trainee program meeting the requirements of the Apprentice and Trainees clause below. leI In the event it i:'l (ound by the Contracting Officer thai an laborer or me~hanic. in\:luding apprentices and trainees. elT ployed by the Conlr:J.ctor or any subcontractor directly on th 5ite of the work covered by this contract has been or is bei" paid at a rate of wages less than Ihe rate of wages required b paragraph (al of this clause. the Contracting Officer may (l) b written notice to the Prime Contractor terminate his right to pr( ceed with the work. or such part of the work as to which Iher ha~ been a failure to pay ~aid required wages. and (2) prosecul the work to completion by contract or olherwise. ......hereupc such Contractor and his sureties shall be liable to the Gover ment for any excess costs occasioned the Government thereby. If) Paragraphs (allhrough lel of the clause shall apply to Ih contract to the extent that it is (1) a prime contract subject to tt Davis-Bacon Act. or (:!) a subcontract also subject to the Davi Bacon Act under ~uch prime contract. CONTRACT WORK HOURS ANO SAFETY STANDARDS ACT-OVERTIME COMPENSATION l.ul USe. .1=7..13.1) {;II The Cunlrnctor ,h:111 not require or permit any laborer mechanic. including apprentices. trainee~. watchmen. al gUJ.lrlJ~. in any workweek in which he I~ employed on any wo under thi~ conlract to work in excess of M hours in any c:1lend day or in exce'l.s of 40 hour'l in such workweek or work subJcct the provi'lion~ uf the Conlract Work Hour~ and Safety Standar Act unle~s such laborer or mechanic. including apprentic~ trrllnees. walchmen. and guards. receive~ compeos:J.tion at a r:: nOI less lhan one JnlJ one.nalf limes his basic rale of pay for. ~uch hours workelJ in e:\ces~ of 8 houn in :lny c:J.lendar d:lY or e:\cess of oW hours in such workweek. whichever is the great' number of overtime hour~. The "basic rate of pay," as used this clause. 5hall be che <l.mOUnl paid per hour. e.,clusive of t~ Cunlr:J.ctor'5 conlribution or cost for fringe beneAts. and af' cash payment made in lieu of providing: fringe benefits. or t~ hasic hourly rate contained in Ihe wage Jeterminalion. whiche ~r IS ~reater. lbl In the event uf ,my violallon of lhe provisions uf pnragra: tal. che Cuntractor shull be liable 10 any arfeclelJ employee f ~my amounrs due. and to the United Slate'l for liquidated dac ~Ig:e'l. SUCh liquidated ..Jamage'l _,hall be computelJ with respect ~ach individual laborer ur mechanic. IOcludin@ an apprentic trainee. watchman. o~ guard. employed in violation of the pro' ,ions of paragr:lph lal in the sum of 510 for e:lch c:1lendar ..Jay. which ~uch employee W:J.s reqUired or permined to be employ, on such work in e:'l:\:ess of ~ hour.. ur in e.'cess of the ~land:J. workweek of.u) houro; without payment of the overtime w<l.g reqUired by par:lgraph i aJ. APPRENTlCES AND TRAINEES lOll Apprentice~ ~hall be permined to work as ,uch llnfy wh! chey are registered. individually. under a bonn ndt: apprentu: ,hip prOljram registered wilh J St:1te Jppr~ntict:~hip agent which is, re~ognized by the Bureau of Apprentice'lhip :J.nd Tmi. PA..C I 0"" ,0..... I I jng. U.S. Department of Labor: or if no such recognized agency e.'tists in a Slate. under a program registered with (he aforesaid Bureau of Apprenticeship and Traming. The allowable ratio of apprentices to Journeymen in any craft classificauon shall not be greater than the ratio permined to the Contractor as to his entire work force under the regIstered program. Any employee listed on a payroll at an apprentice wage ratc who is not a trainee as defined in paragraph lbJ of this clause. and who is not registered as aba...c. shall be paid th~ wage rate determined by the Secre- tary of Labor for the classification of work he actually per. formed. The Contractor shall furnish to the Conrracting Officer wrincn evidence of the registration of his program and appren- tices. as well as of the appropriate ratios allowed and the wage rates required to be paid thereunder for the area or construction, prior to uSing any apprentices in the contract work. The term "apprentice" means (I) a person employed and individually reg- istered in a bona fide apprennceship program registered with the U.S. Department of Labor. Bureau or Apprenticeship and Train- ing. or with a State apprenticeship agency recognized by the Bureau or (2) a person in his first 90 days or probationary em- ployment as an apprentice in such an apprenticeship program. who is noc individually registered in the program. but who has been certified by the Bureau or Apprenticeship and Traininll. or a State Apprenticeship Council (where appropriate) to be eligible for probationary employment as an apprentice. (bl Trainees shall be permined to work as such when they are bona fide trainees elTl"loyed pursuant to a program approved by the U.S. [)e;)artment of Labor, Manpowcr Administration. Bu. rc:J.u of Apprenticeship and Training. The term "trainee" mcans a person receIving on-thc.job training in a construction occupa- tion under a program which is approved Ibu[ not necessanly ~ponsoredl by thc U.S. Department or Labor. Manpower Ad- ministration, Bureau or Apprenticeship and Training, and wt'llch is reviewed from time to time by thc Manpowcr Administration to Insure that thc training meets adequate standards. (c) In connection with contracts in CllCCSS of 510.000. the Cd'n. tractor agrees as (ollows: III The Contractor shall make a diliaent effort to hire for performance of work under [his contract a number of appren- tices or trainees. or both. in each occupation. which bears to the average number or the journeymen in [hat occupation [0 be em- ployed in the performance of the contract the O1l'plicable ratio as 'let forth in paragr:J.ph (d) of thisclause. (2) The Contractor shall insure thac 2S percent or such ap- prentices or trainees in each occupation are in their first year of training, where feasible. Feasibility here involves a considera- [ion of (i) the availability of training opportunities (or first year apprentices. (ii) the hazardous nature or the work (or beginning worken. and (iii) ex.cessive unemployment of apprentices in their second and subsequent years of traininl. l3) The Contractor shaJl. durina the performance of the conuact. to the greatest elltent possible. employ the number of apprentices or trainees necessary to meet currently the require- ments of paragraphs (cJ (I) and Ic1l2) of this clause, (4) The ConlJ'aC:tor shaJl maintain records or employment on this conuac:t by trade of the number of apprentices and train- ees" apprentices and trainees in first year of training. andof jour- neymen, and the wages paid and hours or work or such appren- tices. trainees. and journeymen. In addition, theConrractor who claims compliance based on the criterion sct forth in paraaraph Ic) 16) (ij) of this clause shaH maintain such records of employ- ment on all his construction work in the same labor market area. both public and private. during the performance of this contract. In each of the above cases the Concractor shall mak.e such records available for inspection upon request of the Department of ubor or the Contiolcung Officer. (j) The Contractor shaH supply one copy of each of the wrinen nociccs required in accordance with paragraph (c)(6Hiii) of this clause at the request of the Contracting Officer. The Con- tfactor aJ~(I (I1rCCS to suooly at 3-rnonth intervaJs during [hr. per- I! P... ~.r'/lll 5nO-.. (5_131 I I I I I I I I I I I I I I I I I B-13 2 I formance of the contract and arter completion of .;:onttacl ~ formance a statement descnbing steps taken toward makin diligent effort and conl~lfting a bre:l.kdown by craft. of ho worked and wages paid for nrst year apprentices and traine other apprentices and trainees. and Journeymen. One copy of statement wilt be sent to the Contracttng Officer and one ';op~ the Secretary of Labor (6\ The Contractor will be deemed to have made a "dilig. ~rfort" as required by paragraph (Clll) if during the ~ formance o( this contract. he accomplishes at least one of following three objectives: (i) The Contractor employs under I contract a number of apprentices and trainees by craft, at Ie equaJ to the ratios established 11; accordance wuh pataaraph of this clause, or Iii) ttle Contractor employs. on all his conSlr tion work. both public and private:. in the same labor mar area. an avet:lge number of apprentices and trainees by cra! least equal to the ratios established in accordance with parage; (d) of this clause. or liii) the Contractor (AI ir ~overed b collective baraaininll agreement. before commencement of, work on the project. has given written notice to all joint appr [iceship committees. the local U.S. Employ ment Security QIf local chapter of the Urban Leq;ue, Workers Defense Leaaue or:her local organizations concerned with minority employmc . and the Bureau or Apprenticeship and Trainina Representatl U.S. Department of Labor, fonhe locality of the work: (B) if covered by a collective bargaining agreement. has jiven wril nmice to all of the atoups stated above. ellcept joint apprent; ship committees, and will in addition notify all non-joint appr ticcshlP sponsors in the labor market area: iO has employed qualified applicants referred to him through normaJ ctlanr (such as the Employment Service. the Joint ,ApprentlcC5 CiJmmmees. and where applicable, minority organizations apprentice outreach progt:lms who have been delega(ed functlonJ at least up to the number or such apprentices and tr. ees required by paragraph ld) of this clause: (0) notice. as (erred to herein. wjll include at least the Contractor's name; address., the agency desianation. the contract number, job addrC5s, vaJue of the contracr. expected stanina and complet dates, the estimated average number of employees in each oc pation to be employed over the duration of the contract wc and a statement of his willingness to employ a number of appr tices and trainees at least equal to the ratios established in cordance with paragraph ld) of this clause. (dl The Secretary or Labor has determined that the applic3, ratios of apprentices and trainees to journeymen in any oCCur tion for the purpose of this clause shall be as follows: ( I) In a occupation the applicable ratio of apprentices and trainees journeymen shaH be equal to the predominant ratio for the 0<:( pation in the area. where the construction is being undertake set forth in collective bargaining alP'eements. or other empk ment agreements. and avadable through the Bureau of Appr ticeship and Training Representative, L' .S. Del'anment of bor. for the applicable area: (2) for any occupation for which ratio is found. the rallo of apprentices and trainees to journ men shall be determined by the Contractor in accordance \lo the recommendations set forth in the Standards of the ~atio Joint Apprentice Committee for the occupation. which arc on at otfices'of the U.S. Department of Labor's Bureau of Aprr ticeship and Training: and (J) for any occupalion for which such recommendations are found~ the rano of :tpprentices ~ traanees to journeymen ~hall be at least one apprennce or t~lr for every live Journeymen. PAYROLLS AND BASIC RECORDS (al The Contractor shall maintain payrolls and ~asic re<::or relating thereto dunna the course of the work and shaH preser them for a period of 3 years thereafter (or all laborers and IT chanics. including al'prennces. trainees, watchmen. and guan PAGIl i 01'1" .. P"'GE I I II ,'r!"jog .11 the 'Il~ 01 the work.. Such record~ ~haJl contain the 11;1I11c .loll ;lJJre~' llf ~ach 'iuch emph.>yee. his correCl clas~ifica. ll\'n. raCe \If pa.... lincluJing Tales vI conlTlbul1ons for. or ':O~IS .1"umeJ w rrllVllJe. fringe benefit"'l. Jaily and weekly number 0f h,lur, w,Hk('u. Jeuul.:lion..;, maue and actual wage~ paid. Whenev- er the Cdnlract(lr has \JnC;\IneJ approval from the Secretary 0f L.l('l(lT ~l" fHlwillcl.l in parag.raph leI of the clause enlltlc:d "Davis- B<I":lll' \':1." he ,hall malnl;lin records which ..how the commil- ll1ent. II' ,iDpm,,:'!!. WrJ(len communrC:Hion of (he plan or pro- ~ram tll thl:' lahorcrs <.>T mechanics arfected. and the '::OSIS antici- 1";llCU ",r inl.:urred under the plan or progrum. Ihf The Contracror ,hail submir weekly a copy of all payroll... t\lthe Cllnlracling Olficer. The Prime Contractor "hall be rec;pon- ,ihle ior the ,uhm".~ion of copiec; of payroll... of all subconrrac- l\lr'i. The C0Py ,hall he accompanied by a "ta[ement signed by the C0nlraC!0r indicating thar the payroilc; are correct and com. illete. thaI the wage rales conlained therein are nor less than tho,e Jetermlned by the Secretary of Labor. and thai the classi- nC;l!ion'i ,ct fonh for each laborer or mechanic. including ap- rrentll.:e'i ~lnd trainees. conform wilh the 1II0rk he performed. Suhmi'i..i0n 0f the "Weekly St:uemenl of Compliance" required under lhis contract and .the Copeland Regulations of the Secre. tary 0f Labor (29 CFR Pari 3) ~hall satisfy the requirement for ..ubmi'i..ion 0i the abo\le 'ilalement. The Contractor shalt submit al..o a copy of any ::lppro\lal by the Secrelary of Labor with reo 'peclto fringe beneftu which i!! required by paragraph (cl of the .,;Iau"e entitled "Davi".Bacon Act," Ie) The C0nlr:lctor "hall make the records required under thi.. dau'ie ;l\Iail;lble for ine;pecuon by authorized representauvec; 0f the C 0nrraCtlng Olticer aoJ the Departmltnl of L;lbor. ~\nd ,hall permit 'OI.:h repre'erllatlVeS 10 interview emoloyees Juring work- Ing hour.. 0n the Joh I I I I I I I I COMP~IANCE WITH COPE~ANO REGU~ATIONS The Conlractor ,h.lll comply with the CopelanJ Regulution.. of tl\e Secretary ()f l;lhor (1tJ CFR Pan J) which are incorporated herein hy reference. I WITHO~DING OF FUNDS I lal The C0ntracling Olficer ml.lY withhold 0r caU'ie to he wilh. heh..l frum lhe Prime Cuntractor "0 much of the accrued pay- men I.. 0r ~\lJvance!\ a5 may be con..iJered necessary f lJ 10 pay lahorer.. and mechanics. including .,pprenllce5. rrninec5. walch- men. .md gUilrd... c:mployed by the Contractor or any ,ubcon. IraC!0r 0n the work the fun amount of wage!\ required by the con- trac!. ~lnd (~) to ,alisfy any liubililY of any Contrac!or for lIqui- J.lIed Jumages under paral;raph lb. of the elau'ie enlitled .'Con. tract Work Houre; and Surety Standard~ Al.:l-O\lertlme C0m- pen"allon. Ihl If .Iny C0nlrtlCtOr fails 10 pay any laborer. mechanic. ap- prenllee. tr::linee<i. walchman. 0r ~uard. <:mployed or working on th~ ,iu: uf the work. all or part of the waie.. required by the con- lrael. the Contraclinll Officer may. after wrinen notice to the Pnme Conlrnctor.take such action a... may be necessary to caU!'ie ,u'pension of ;.iny fUrl her paymenls or advance... until'iuch \liola.. rlun" huve ceased. I I I I SUBCONTRACTS I The C"ntral.:tor .lgree" to in'iert the cluuses here0f enritled 'Da'Yj,-Bal.:0n -\ct..' "C"nttnc! W0rk Hour.. and Safe tv Sland. ~lrJ, -\.:t-O\lertime C0mpen..allon..' ",),pprenllce!\ and Train- ~e'... .'P:.tyroil.. .lnd Busic Record!'i.. "C0mpliance wilh C0pe. land Regulation<;.. "Withholding of FunlJ<;," "Subcontract'l." ~nd "C"ntract T<:rmtnation_Debarmen(' in all subcontract'l. The term "C0nrractor" as used in "uch clauses in any subcon- tracr ,hull be Jeemed to refer to the subconlractor e'cept in the phrl.lse .'Prime Contraclor." EP. 11'0"" 57'20_.4 (.5-13) I IB-133 I CO NTRACT TERMI NA TIO N-O EBAR M ENT ~ breach of th~ clauses hereof entitled "Davis-Bacon -\C. .'C0nlraCt Work. Hours ;lnd Safety Standards -\et-Overtr C0mpen"allon..' . \pprenllces ~nd TraInees.. ..Pavroils J. BaSIC Records. . "C0mpliance '....rth the C00eland Re~;ujanon' ..Withholding of Funds..' and "Subcontracts" may be grour f0r terminatlon of the contract. and for debarmenl as prO'Yldell :y CFR ~n. NONDISCRIMINATION PROVISIONS During the performance of this contract. the contractor agn ".. follow..: (1) The contr::lcror will nor di..criminate :J.gainsl any eml'h ee or applicanl for employ men I because of race. color. religil "e:\. or national origin. The contractor lIIill t::lke affirmative ::let to cn..ure thai appiicanl" are employed. and that employees fre:ued during employment withoul regard to their race. col religion. "f:'. or nalional orig:in. Such acrion ~hall include. not~be limiled to the following: Employment. upgrading. der tion. or transfer: recruitmenr or recruilment adverti...inll: lilY or termination: rale.. of payor olher form.. of compensation:; ..election for tmining. induJing apprenliceship. The contrac :\grees!O po..t in con"picuou.. place... available 10 employee...;: applicanls for employmenl. notices 10 be pro\lided ~et1ina fo the provi..ion.. of thi.. nondiscrimination clilu...e. l~l The conlr;Jctor will. in all ..olication~ or adverti!leme for employees placed by or on behalf of the conlractor. "late t ~\1I qualified applic':lnts wrll recei\le con..ideration for em,,1 ment without regard to race. color. religion. sex. or national. gin. (J)The contractor will ,end to each labor union or re~ 'entali\le of worker.. With which he hOl" a collecti...e bargain agreemenr or olher conlract or under..tandinl. a notice to pro\lided ad...i..ing the said labor union or workers' repre!!er ti\le'" of the contr:l.C[O'-.. commitment!\ under Ihi... section. ; shull po...t copies of Ihe notice in conspicuous place!! a\lailablc employeec; an..J applicants for employment. (4) The contraclor will comply with all pro...ision... 0f E:\e tive Order II ~4(' of September 14. 1%~. and of the rule~. regl tions. und relevanl orders of. the Secretary of Labor. (5) The conrractor will furnish all information and repc required by E;'(eculive Order 11~~(' of September ~~. 19(,5. J hy rule... regulatIOns. and 0rders of the Secretary of Labor. pur..u,\nt thereto. and will permit access to his books. reeor. ~lnd accounr.. by the admlnislering agency and the Secretarv labor for "urpose.. of in\lestigation to ascertain compliance ~ "uch rule.... regularion... and orders. (f.) In the event of the contr:l.etor's noncompliance with nondiscrimination clauses of {his contract or witl\ any of the s rule... regulation... I.lr orders. this contract may be canceled. . min:lIed. 0r suspended in whole or in part and Ihe contractor IT he declared ineligible for further Goyernment contracts or feo :lily "....i..ted con..truction contracts in accordance with pro Jure!\ authorized in E,'lecutive Order I 114ft of S~l'tember 1965. and such 01her sanctions may be imposed and remed invoked as provided in E.'lecuuve Order '11146 of September \%5. I.lr by rule. regulation. or order of the S~cretary of Lab 0r <15 01herwise provided hy law. ("') The conlrnctor will include the portion I.lf the senter immedialely preceuing pl.lragraph l') 3nJ the proyisions of pa graphs (11 lhrough 17) In every ,ubcont~ct or purchase 0r( unless exempted by roles. rea:ulation5. or orders of the Secret.:: of Labor issued pursuant to section ~04 or E.'(ecutive Orc 11:246 or September 14. 1965. so fhat such proyisions will bindinl upon each subcontractor or \lendor. The contractor ... take such action with respect to any subcontract or "urcha order as the administerinl agenc.y-may direct as a means of , forcing such provisions. includinl sanctions for noncomplianc ,aAGC ] 0,.... .aAGI: I I Provided. however. That in the event a contractor becomes in- ~'olved in. or is threatened with. litigation with a subcontractor or vendor as a resuh of such direction by the admInistering agency. the contractor may request the L.'nitcd States to enter Into ~uch litigation [0 protect the interests of the Cniled States. I CONTRACT WORK HOURS AND SAFETY STANDARDS ACT -SAFETY AND HEA~TH (.j() USe. JZ7-JJ3) I fal The contractor shall nOI require any laborer or mechanic employed In the performance of the contract to work in sur. I I I I I I I I I I I I I I ! PA ,_ .5720-.. (.5_731 I B-134 I roundings or under working conditions which arc Un<ianilary hazardous. or dangerous to his health or safety. as determlne,- under construction safcly and health standard... promuigated :)\ regulations of the Secretary of Laoor Ibl The contractor shaH comply with lhe Department of Laool Safety and Heallh Re@ulations for Construction promul@ateL under section 107 of the Contract Work Hour<i anJ SafelY Stano ards Act 140 U .S.C. 3=7 et scq.l. ~4GIE . Oll'. l'I"'GIE I I --- I I I I I I I NOTE: I I I I I I I I '- I I GENERAL CONDITIONS , The headings of the articles herein are intended for the convenience of refer- ence only and shall not be considered as having any bearing on their interpretation. . , . I I I I I I I I I I I I I I I I I I I r GENERAL CONOITIONS 1.0 1.1 1.2 1.3 1." 1.5 1.6 1.7 1.8 1.9 1. 10 1. 11 1. 12 1. 13 1.111 Introduction Oefini tions Superintendence by Contractor Subcontracts Other Contracts Fitting and Coordination of Work Mutual Responsibility of Contractor Layout of Work Progress Schedule Payments to Contractor Ch~nges in the Work Changes in Subsurface Conditions Claims for Extra Cost Termination; Delays and btenslon,; and Liquidated Damages Assignment or Novation Engineer's Authority \ 1.15 1. 16. 1. 17 1.18 1.1~ 1.20 Specifications and Contract Drawings Shop Drawings Requests for Supplementary Infonnatlon Materials and Workmanship I '- L l. L GC-100 I I I I I I I I I I I I I I I I I I I 1.21 1.22 1. 23 1. 24 1.25 1.26 1.27 1.28 1.29 I. 30 1.31 1. 32 I. 33 1. 34 I. 35 1.36 1.37 1.38 1.39 1. 40 1. 41 1.42 Samples, Certificates and Tests Permits and Codes Care of Work Accident Prevention Sanitary Regulations Use of Premises Removal of Debris, Cleaning, Etc. Inspection/Acceptance of the Work Review by Town Final Inspection Deductions for Uncorrected Work Insurance Patents Warranty of Title General Guaranty Arbitration'and Litigation Risk of Loss Required Provisions ~d Inserted Correct Ions Safety Provisions Night Work, Sundays and Holidays Obstructions Encountered . . . CC-IOI I I I I I I I I I I I I I I I I I I I 1. 43 1. 4.. 1. 45 1. 46 1.47 1. 48 1.49 1.50 1. 51 1.52 1. 53 1. 54 1.55 1. 56 1. 57 1. 58 Existing Utilities, Structures ~nd Fixtures 'Control of Existing Flows Sewage, Surface, Groundwater and Flood Flows Connecting to Existing Work Existing Improvements Access to Site Weather Conditions/Work In Freezing Weather Intoxicating Liquors Indemnity Clause Non-Federal Labor-Standards Provisions Maintenance Construction Safety and Health Standards "O'r equal" clause Changes in ~lork Payments to Contractor ~lYDSC Access to Site . GC-102 I I I I I I I I I I I I I I I I I I I 1.1 1.2 GSNERAL CONDITIONS CONTRACT AITD COmPACT Docum:ms: The Plans, Specifications and Addenda shall form ~art of this Contract and the provisions thereof shall be as bind- ing upon the ~arties hereto as if they were herein fully set forth. The table of contents, titles, headings, run- ning headlines and marginal notes contained herein and in said docunents are solely to facilitate reference to various provisions of the Contract DocuQents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. Definitions: The following words, terms, phrases, Initials and abbrevia- tions, where used in this volume and in the other related contract documents (drawing, Information for Bidders, Proposal, Contract Agreement and Special Provisions, etc.) shall, insofar as the text admits and subject to the clear intent of the particular use, be read and held to have the meanings indicated by the following deflnitipns and directions: ADDENDA A supplement to the lnformatloo fOt' Bidders, P oposal or Special Provisions, Issued by the Engineer to pro- spective bidders to amend original bidding Info~tlon. AS DIRECTED AS ORDERED Read as If tall ~.st were.... .aa directed by ~e engi- neer....... or ........, orclered by..the Englneer......-. AS INDICATEIt Read as though fllll tut were ......... IndIcated by con- tr.ct docl.lllenU...... _lot' ......... s'- by drawings ..d/or described In Spec:lfleatlons, Specl.' I'rCI'Vlslons or other contract cIoc.-nt........ AS NEEDED AS REQUI.l\ED Read as If filII text were ........s needed (or reqllired) for the flllflllment of the Intent of the drawings, Spe- clflc.tlons, project, etc....... or .......as needed (or required) to complete or execllte the proposed work in good order........ ASTK When followed by . nlllllber or ~ers, refers to pub- lished speclfic.tlons of the Anerlcan Society for Test- Ing Katerlals and to the p.rtlclIl.r speclflc.tlon Indi- cated by the acccmpanylngnlllftbers or designation. In- certain c.ses, the published speciflc.tlon of . given nll~r refers In part to sa.e other spaclflc.tlon In the s~ series, by nllmber, and sllCh second reference shall be understood .s lnclllded within the original reference GC-10 3 I I I I I I I I I I I I I BIDDER BIDDERS CONSTRUCTION OF THE WORK CONTRACT CONTRACT AGREEMENT CONTRACT DOCUMENTS I I I I I I contained herein. The person, persons, firm or corporation, or the combi- nation of them, who ~e or contemplates making a pro- posal to the Town to furnish ..terlals or equipment, or perform the work contemplated by the proposed or eAlst- ing Contract In question, and more specifically to the particular Bidder whose proposal has been accepted. The collective group of bidders or prospective bidders for a given contract. In broad use, this will Include all of the furnishing and delivery of materials, equipment, etc., and/or build- ing of sewers, structures and appurtenances to be fur- nished, delivered, performed or built by the Contractor under the Contract, or certain narrower uses will refer only to the building of physical things such as sewers, drains, structures and their appurtenances. The undertaking or agreement between the Town and the Contractor to furnish and deliver certain materials, perform certain services and build certain sewers or structures and, more specifically where the context re- quires, the document described herein as the "CONTRACT AGREEMENT" . The document signed by representati~es of. the Town and the Contractor as written evidence of the fact that a contract has been entered Into by them and setting down In written form certain of the tenas and conditions thereof, belng one portion of the whole group of docu- Mnts cawprlslng the descrfptlon 8nd written stat_t of the whole contractlMl undertaktng. The group of documents describIng the terIM and condi- tions of the contractlMl undertaking WId InchlCllng the drawings n.-cd In the l.f~t'Oft for Ildders Illustrat- Ing the _rk contelllplated ., the Contract, standard practices of the Town, and such other drawings as -y be made part of the Contract, together with the Information for Bidders on which the Proposal was based and addenda thereto, If any, Issued to prospective bidders, the Pro- posal made by the Contractor to the Board of Contract and Supply which fOrIM the price basis of the Contract, and Special Provisions prepared for and descriptive of the work contemplated herein and furnished to bidders, the Contract Agreement, Specifications, Surety Bond, and other documents, If any, ..de part of the Contract. lut, In general, mere correspondence or conversation between agents of the Town and the Contractor will not be consid- ered to be "contract doc~nts" as that tel'll Is used herein. CC- 104 I I I I I I I I I I I I I I I I I I I CONTRACTOR DIRECTED SEWER DISTRICT DRAWINGS The person, persons, corporation, party or parties con- tract lng wi th the Town of. Southo1d u puty of the second part to the Contract to furnish or deliver mate- rials, construct certain work or perform certain ser- vices as contemplated by the Contract, or any of them, including his, her, their or Its employees, agents, ser- vants, heirs, successors and assigns, together with any any all subcontractors employed by said principal Con- tractor, suppliers of materials and their agents when on or near the site or sites of the work for purposes aris- Ing out of or In connection with any Incident of the Contract. For convenience, the Contractor, as above, will be re- ferred to by the third person singular pronouns, (he, his, or him) irrespective of the sex, or plural or cor- porate nature of the Contractor. See "As Directed". The Town of Southo1d party of the first part to the Contract, acting by its Sewer District and the latter acting, as the particular instance may require by corpo- ra,te ac,t or vote of the Sewer District being a Sewer D1.s tr1.ct of the Town of Southo 1d ,by the Cha i nnan of' the Dis trict, by the Town Sl1TJervisor or by other proper,.offlcers or agents, each limited according to the duties and powers assigned to him. The plans or dr....lngs described In the lnfonwltlon for Bidders and made part of the contract docuBents as Il- lustrating the pr~ed _It 0/1' project 11I4 the requlre- _nts of the TCMI wi th respect to.the Contract, together with such suppl_ntal or additIonal .r.tngs by the [n- glneer U MY be needed fr~ tl_ to tl_ to t1lustrate partIcular requlr_ts I. _. detan. "....,Ings" MY also be r.ferred to as ..,,-" _ .rallar works. Dr__ Ings will consIst of two genera' groups: (a) .rwlngs prepared for and Illustrating the particular project, and (b) dr....ings prepared to Illustrate the customary practices and requirements of the TCMI, typical details of conventional structures or portions of the work, etc. In general, where not otherwise IndIcated or requIred by the text, the work "drawings" wtll usually r.f.r to and only Include those descrIbed In the Infonwltlon for Bid- ders. Drawings prepared for or subllll teed by the Contrac- tor, or by suppliers of equipment or materials, will be so described when such drawings are meant. The word "plan" or "p lans" MY be read as synonytM)Us with the work ..dr....lng.. or "drawings" where the context so requires. (;C-105 I I I I I I I I I I I I I 1'- I I I I I ENGINEER HE, HIS, H I H I NO I CATEO I NFORHAT! ON FOR BIOOERS INSPECTOR The Engineer of the Town, acting according to the duties assigned to him by the Director of Public Works of the Town, and also the representatives of said Engineer, when acting within and II~lted by the particular duties and powers assigned to each. See also "~nager" and "Inspec. tor". See text of Contract Agreement with respect to functions of the Engineer with respect to performance of Contract. These pronouns may be used with reference to the Contrac- tor or any person or party acting under or for the Con- tractor, irrespective of the sex, plurality, or corporate character of the Contractor, where the context indicates that the Contractor is referred to. Elsewhere these pro. nouns will be used in the usual manner. . . See definition phrase "As IndIcated" previously described. One of the contract doc~nts prepared by the Engineer and Issued to prospective bIdders. gIving t'- Info,-..- tlon relatIve to the proposed contract and _rk cont__ plated therein. and gIvIng dIrectIons fOf' preparing and su~lttlng proposals fOf' the _ft. beIng attached to and Issued with the PropoHl f_. Where the context ...Its. 0. Inf_tlon fOf' IIdders wIll also Include ..., ani en .u..,. Issued .., the [n- glneer to prospectl~ .rdclers. I" wrItIng. between the preparatIon of the orIginal text of the Info~tlon for Bidders and the time for receiving and opening proposals, If such addenda are Intended to amend or .-pllfy the original Information for Bidders. But mere oral state- ments by Town officers and .-ployees, or correspondence not intended to be addressed to all prospective bIdders as "addenda" and not Intended to _nd the orIgInal In- formation for Bidders will not be considered as part of the Information for Bidders. A person assIgned by the Engineer to ex. ...rne and test materials and work proposed to be furnished under the Contract, to observe the constructIon of the pro- ject, or any part thereof. to assist the Contractor In the Interpretation of drawings. specifications and other con- GC-106 I I I I I I I I I I I I I I I I I I I MAINTENANCE PERIOD NEEDEDI NECESSARY ORDERED tr.ct documents, to ..ke me.surements for .nd to keep records for the Engineer, .nd to report to the Engineer on the perfor~nce of the Contr.ctor rel.tlve to the work, .11 .s .nd only .s Instructed by the Engineer. No Inspector shall be deemed authorized to receive or accept notices required to be given to the Engineer or the Town, nor to w.ive any requirement of any contract document, nor to modify or alter or amend any order of the Engineer. Inspectors sh.l1 not be expected to act as .sslstants to, or foremen, clerks, or the like, for the Contractor and his staff. If any Inspector at any time does per- form any duty of or for the Contractor, it must be agreed that such act by the Inspector is a voluntary act, with- out compensation and without liability. The period or periods during which the Contractor Is re- quired to maintain and correct defects In the work or any part thereof. As applied to any specific portion of the work, the "maintenance period" may be understood to include the whole period between the time of construction of that part of the work, or the delivery of that part of the materials, and the final end of the,flnal maintenance period, Including the period between the tI_ when any particular portion of the work or Baterl.ls Is completed and the expiration of one year next following final con- pletlon of .11 construction or delivery of work and ma- terials. The phr.ses .......as needed....... .nd/or ........5 neces. s.ry. . . . ." will I n genera I ..n .5 needed or as re.son- ably necessary .nd convenient for the full perfo~nce of the work, etc., In .ccord.nce with the requirements of the Contract .nd related pl.ns, Speclflcetlons, Spe- cial Provisions, etc., .nd/or as required by law or or- dinance, or by the conditions of . permit Iss~ by a proper public body or officer. See "As Ordered". GC- 107 I I I I I I I I I I I I I I I I I I I PERfORI1AHCE BONO PLAIlS PROJECT PROPOSAL REqU I REO RIGHT-Of-WA'U RIGHTS-Of-WAY RIGHT-OF- ACCESS OR ACCESS DRIVEWAY A surety bond furnished by the Contr~'tor to se,ure ful- fillment of the 'ontr~'t on his ~rt. Also ,~lled "surety bond" ~nd surety thereon the "surety". Somet lmes used In lieu of "dr_lngs" or "'ontr~'t draw- Ings", whl,h see. The pub!l' Improvement of whl,h the work or materi~1 to be built or furnished under the Contra,t is an essential part. Hay a Iso be used as synony.. for ''work'' I n text of ,ontra,t do,uments. The proposal or bid submitted by the bidder, who may have subsequently be,ome the Contra,tor, to the Board of Con- tra,t and Supply. Where used relative to in,idents oc,ur- ring before the award of any ,ontra,t thereon, the word "Proposal" will refer to the proposal form as submitted by the partl,ular bidder In question. Where used rela- tive to any in,ldent arising or likely to arise after the award of the ,ontra,t, the word "Proposal" will refer to the spe,ifl, proposal or bid submitted by the bidder who has then be,ome the Contra,tor, and upon whi,h proposal the award of the ,ontra,t was made by the Board of Con- tra,t and Supply. If a proposal has been amended by agreement between the Town and the bidder, the word "Pro. posal" shall apply to the proposal as amended. If any bid pri,e was omitted and a price ~pplled therein by the Board of Contra't and Supply, the Engineer. or other Town agent as provided In the InfOrMation for Bidders, the word "Proposal" 5...11 Ille.an the orlgiNI propos.1 _nded by the Insertion of thOlt orwltted price or prIces, or It.. or iteD5. See "As Required". '. line or strip of land along whld! the YOlo'll Olo'IIS the right to construct. ..Intaln. etc.. saNer and rights possessed by the YOlo'll. In case of saNer or structure to be loc~ted In e publIc street. rl~ts will MSuelly .. If.lted to lines of the public hlg'-Y end to sud! portion thereof ~s Town or Street or Hlghw.y ~uthorltles may limit same. Where located through prlv~te lend. rights-of-way will many times ,omprlse two strips, superllllposed one on the other, . permanent e.sement possessed by the Town within whl,h It ..y build, malnteln. operate, repair, et'. the sewer, ~nd a wider strip ecqulred for and limIted to use for ,onstructlon purposes (I.e. operetlon of construction forces and equl~nt. telllpOr~ry storege of supplies, spoil b~nks, etc.) ~nd only during the period of actuel construc- tion of the sewer or structure atthet point. Al i rights- of-way limited by rights possessed by Yown therein. P~ssagew~y or right to pass whIch ..y be used for getting to .nd from work, or sewer rlght-of-wey proper. Sanetlmes ~ccess right-of-way ~nd ~cc.ss drlveweys may be us.d only In common with others. All rlghts-of-access 11.lted by GC-ln8 I I I I I I I I I I I I I I I I I I I rights possessed by the Town herein. SERVICES All that Is usually c~rehended In the term, so far as such meanings apply, and In particular to the assumption of liabilities on the part of the Contractor, furnishing Insurance and other securities, keeping of records, fur- nishing supplemental drawings, tests, schedules, data, barricades, signs and other duties described In the Con- tract and Specifications. SEWER/SEWERS The sewer, drain, or other structures which It Is con- templated that the Contractor will build under the Con- tract, and all the appurtenances thereto. These Speci- fications are prepared primarily to describe the con- struction of sewers as that term Is commonly understood; hence, the word "sewers" I s used here into descd be that which Is to be built. For certain purposes, sewers ..y be further classified and described as "sanitary s_rs", "stOt'll drains", etc. Sewers and sewer pipe may be further described by size or sizes, the stated size being the internal diameter unless otherwise indicated. .. SPECIAL PROVISIONS Written or printed text or texts prepared and Issued to bidders to describe or explain particular phases, fea- tures, or requirements for a particular contract or pro- ject, being, In general, suppl_tal specifications and the standard fOt1lS ort_ts _lIy used Ily the TIM' for the Inf~tlon for BIdders or CoatrKt Agree.ent. Note that "Special ProvisIons" wl11, III V-ra1, take prece- dence over the standard texts wlm respect to the Con- tract or work for lllhlQ they were prepared and Issued by the TIM'. THE WORK! WORK Collective term used to Include the sewers and/or other structures constructed or to be constructed by the Con- tractor under the Contract; the ..terlals to be furnished If the Contract contemplates the furnishing and delivery of materials or equipment other than those entering Into construction; and, where the context admits, will also Include physical services or work performed or to be per- fo.--d by the Contractor. Other Items are defined In the text where used. 1.3 Superintendence by Contractor a. Except where the Contractor Is an Individual and.glves his personal (;C-109 I I I I I I I I I I I I I I I I I I . superintendence to the work, the Contractor shall provide a campete- tent superintendent satisfactory to the Town and the Engineer for the work at all times during working hours with full authority to act for him. The Contractor shall also provide an adequate staff for the proper coordination and expediting of his work. Should, In the opin- ion of the Engineer, any language barrier exist between the Superin- tendent and the Engineer, the Contractor will employ a qualified In- terpreter. b. The Contractor shall layout his own work, Including all survey re- quired, and he shall be responsible for all work executed by hlm,under the Contract. He shall verify all figures and elevations before pro- ceeding with the work and will be held responsible for any error re- sulting from his failure to do so. 1.4 Subcontracts a. The Contractor shall not execute an agreement with any Subcontractor or permit any Subcontractor to perfonD any work included In this Con- tract until he has submitted a Non-Collusive Affidavit from the Sub- contractor on the form shown in the "Invitation for Bids, Instructions and Forms" and has received written approval of such Subcontractor from the Town. Unless specifically permitted otherwise, the Contractor shall perform with his own organization and with the assistance of work- men under his immediate superintendence work amounting to not less than 50 per cent of the original total Contract value for the project, ex- clusive of specialty items not commonly found in contracts for similar work or which require highly specialized knowledg~, craft~nship or equipment not ordinarily available in the organization of contractors performing work of the character embraced in this Contract. Specialty items, if any, shall be specified elsewhere. b. The Contractor shall not ~xecute an agr_nt wI th any Subcontractor or pel'1llit any Subcontractor to perf 01"11 ..y work. Included In this Con- tract until he has su~i tted a "C.rtl flc.atlon by Proposed Subcontrac- tor Regarding Equal Elllploy1llent OpportunIty" In the fOr1l sham In the "InvitatIon for Bids. InstructIons and Fo,.... c. No proposed Subcontractor shall be dIsapproved by the TCMl except for cause. d. The'Contractor shall be as fully responsible to the Town for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he Is for the acts and omissions of persons directly employed by hi.. e. The Contractor shall cause appropriate provIsIon to be Inserted In all subcontracts relative to the work to requIre cOlllpllance by each Subcon- tractor with the applicable provisions of the Contract for the work em- braced In this Contract. .' fo Nothing contained In the Contract shall create any contractual relation between any Subcontractor and the Town. CC" 110 I 1.5 Other Contracts: The Town reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the Introduction and stor~e of their materials and the execution of their work, and shall properly con- nect and/or coordinate his work with theirs. I I I I I I I) The Town may award, or may have awarded, other contracts for additional work and the Contractor shall cooperate fully with such other contractors by scheduling his own work with that to be performed under other contracts as may be directed by the Town. The Contractor shall not permit or commit any act which will Interfere with the performance of work by any other Con- tractor as scheduled. Wherever work being done by the Town or municipal forces or other contrac. tors is contiguous to work covered by this Contract, the respective rights of the various interests involved shall be established by the Town to se- cure the completion of the various portions of the work In general harmony. I I I I I I I I i I I 1.6 Fitting and Coordination of Work: The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractors or mate- rialmen engaged upon this Contract. He shall be prepared to guarantee to each of his subcontractors the locations and measurements which they may require for the fitting of their work to all surrounding work. The Con- tractor shall, at his own expense, effect all cutting, fitting, or patch- ing of his work requi.red to make the same conform to the Contract Drawings and Specifications and, except with the consent of the Town, not to cut or otherwi se a I ter the work of any other contractor. \ 1.7 Mutual Responsibility of Contractor: If, through acts or neglect on the part of the Contractor, any other contractor or subcontractor sl)a 11 suffer loss or ~ge on the work, the Contractor shall settle with such other contractor or subcontractor by agr_nt or arb I trat lon, I f such other contractor ... subcontractor will so settle. .If such other contractor or subcontractor shall assert any cIa I. against the Town on account of any d_ge alleged to MYe been so sustained, the TOI<<I will notify the Contractor. WIG st..ll defend at his _ expense any suIt Hsed upon such clar..... r. any JIId. nt or claIM against t/wi TOI<<I, shall payor satIsfy suell Jud]l,unt 011' clal. and pay all costs and expense~ In connection therewith and wIll In all other respects, Includi~g, but not limited to attorney's fees and court costs, hold harm- less the.Town and Engineer. Except as otherwise specifically stated In the Contract Documents, the Con- tractor shall provide and pay for all ..terlals, labor, tools, equlp8ent, walter, light, heat, power, transportation, superIntendence, telllPorary con- struction of every nature, charges, levies. fees or other expenses and all other services and facilities of every nature whatsoever necessary for the performance of the Contract and to complete thIs Contract In every respect within the specified time. 1.a layout of Work: The Engineer will be responsIble for establishing control points. The prlnclpel lines and grades for the s_r and other major portions of the work will be staked out on the site by the Con- liC-111 I I I I I t I II tr.ctor. The Contr.ctor sh.ll cle.r the site, survey sight lines, and shall provide necess.ry ~terlals, ordln.ry tools, unskilled labor .nd other .sslstance as may be required. The Contr.ctor shall keep the En- gineer Informed a reason.ble time In adv.nce of the times .nd places where he Intends to work. The Contr.ctor shall protect the points .nd marks set by the Engineer by such means .s may be necessary In order to insure that they will not be disturbed and that they c.n be found and used when needed. No special compensation shall be paid to the Contractor for any reasonable delay, expense or loss which he may suffer or have suffered, or for work performed by him Incidental to or occasioned by the setting of lines and grade, or by inspection of any part of the work or Material, but such cost, expense or loss shall have been included ift the prices named In the Propo- sa I. The Contractor shall layout his work from the control points set by the Engineer and shall be responsible for any mistakes he may make and for any damage or expense resulting therefrom. I I I I I I I I t I I The Contractor shall employ competent personnel and all work shall be sub- ject to the approval of the Engineer. He shall provide adequate men, tools, and materials for transferring lines and grades and similar data as needed, and for constructing the work in conformity thereto. He shall furnish transits, grade poles, plumbs, string and other usual facilities, all satis- factory to the Engineer. He shall assist the Engineer and the inspector in checking the accuracy of his work in ascertaining that all parts of the work are properly built to the proper lines and grades, a~ in obtaining measure- ments of work and materials as needed. 1.9 Progress Schedule: The Contractor shall (unless a Pre-Award Schedule has been subllitted and approved) su_lt within seven (7) calendar days after execution .of the Agr_nt. a carefully prepared real- Istic Progress Schedule showing the p,.oposed dates of starting and CmIPlet- lng of each_and ever-y Itea of work on each and wer-y section of work In ac- cordance with these Specifications and the SPECIAL COMDITIOIIS (PROGRESS SCHEDULE) If appllc.ble to this specific Contract. The Progress Schedule shall Include as a .Inl_: a. The project n_ and nUlllber. b. The contract tl.e, contract beginning date, ending date and periods of shutdown, If any. c. A listing of all It..s of work with the estl..ted contract cost and periods of activity noted for each s~nt of the work. - d. The total estllUted contract cost for each segment of the work. e. The schedule will generally be set up along the following guidelines unless otherwise stated in the SPECIAL CONDITIONS under "PROGRESS SCHEDULE": (1) From Intersection to Intersection along a st"net or frOlll station to st.tlon along the project. GC' 112 I I r I I I , I I I I I I , I j I i ~ I I The Initial requisition will not be approved for payment until said sched- ule is submitted. Said schedule will be revised or updated monthly. The Progress Schedule shall show the plan of construction and the proposed method of carrying out this work, Including a full statement of the equip- ment to be used. I f the SPECIAL CONDITIONS include a "SEQUENCE OF OPERA- TIONS" and/or "WORK BY OTHERS", all operations referred to therein, to- gether with any and all other operations critical to the timing of this project. shall be included in proper sequence in the Progress Schedule. 1.10 Payments to Contractor: a. Methods for Measurement and Estimating: At appropriate points in this text, specifications are given with respect to measuring or estimating certain quantities and the sums due the Contractor for the same. Ex- cept as otherwise provided, the Engineer shall determine the appropriate method for measuring and computing each quantity, and for estimating the sums due the Contractor for the various items of work and material, us- ing such methods, tools, and degrees of precision as are suitable for the particular measurement, item, or computation. The Contractor, when so requested by the Engineer, shall assist the Engineer in measuring or determining quantities, either by the help of his unskilled laborers on the site, by furnishing copies of invoices, or by other means. b. Prices Include: The prices stated in the Proposal include full compen- sation for furnishing all the labor, equipment and material needed for, and for performing all the work contemplated by tpe Contract. c. Partial Payments: (1) The Contractor shall prepare his requisition for partial payment as of the last day of the month and submit It, with the required number of copies, to the Engineer for his approval. The amount of the payment due the Contractor shall be.determlned by adding .the total value of work completed to date and deducting (1) ten percent (lOt) of the total amount, which will be retained until the Contract Is ninety-five percent (95t) complete, or until it is reduced by the Town, and (2) the aBQUnt of all previOUS pay- ments. The total value of work completed to date shall be based on the estimated quantities of work completed and on the unit prices contained in the Agreement. (2) Monthly or partial payments made by the Town to the Contractor are monies advanced for the purpose of assisting the Contractor, and he shall be responsible for the care and protection of all materials and work upon which payments have been made. Such pay- ments shall not constitute a waiver of the right of the Town to require the fulfillment of all terms of the Contract and the de- livery of all improvements embraced In this ,Contract complete and satisfactory to the Town in all details. (3) When fifty percent (SOl) of the required work as determined by value has been completed, the Contractor may request In writing a reduction in the retained amount from ten percent (10l) to five GC-llJ I I I I I I I I I I I I I I t I I I I r percent (5%). The Engineer m~y certify for p~yment such portion of the retained monies provided th~t the Contractor presents to the Engineer the written consent of the surety. d. Final Payment: (1) After final inspection and acceptance by the Town of all work under the Contract, the Contractor shall prepare his requisition for final payment which shall be based upon the carefully mea- sured or computed quantity of each Item or work at the applicable unit prices stipulated in the Agreement. The total amount of t~ final payment due the Contractor under this Contract shall be the amount computed as described above less all previous payments. Final payment to the Contractor shall be made subject to his fur- nishing the Town with a release in satisfactory form of all claims against the Town arising under and by virtue of his Contract other than such claims, if any, as may be specifically expected by the Contractor from the operation of the release as provided elsewhere herein. At the time of Final Payment, the retainage will be re- duced to two percent (2%) which will be held by the Town for one year (maintenance period) after completion and acceptance of the work. (2) The Town, before paying the final estimate, will require the Con- tractor to furnish releases or receipts from all subcontractors having performed any work and all persons having supplied mate- rials, equipment (installed on the Project) and services to the Contractor, if the Town deems the same necessary in order to pro- tect its interest. The Town may, however, if It deems such action advisable, make payment in part or in full to the Contractor with- out requiring the furnishing of such releases or receipts, and any payments so made shall nowise impair the obligations of any surety or sureties furnished under this Contract. ", (3) Withholding of any amount due t~ Town shall be deducted from the final payment due the Contractor. e. Withholding Payments: The Town may withhold frCII any payment other- wise due the Contractor so much as may be necessary to protect the Town and, If It so elects, may also withhold any amounts due from the Contractor to any subcontractors or material dealers for work performed or material furnished by them. The foregoing provisions shall be con- strued solely for the benefit of the Town and will not require the Town to determine or adjust any claims or disputes between the Contractor and his subcontractors or material dealers, or to withhold any monies for their protection unless the Town elects to do so. The failure or refusal of the Town to withhold any monies from the Contractor shall nowise impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract. L f. Payments Suoject to Submission of Certificates: Each payment to the Contr~ctor by the Town shall be made subject to submissIon by the Con- tractor of all written certifications required of hl~ and his subcon- tractors. GC- 114 I I I I I I I I I I I I I I t , i 1 I 1. 11 Changes in the Work: a. The Town may make changes In the work required to be performed by the Contractor under the Contract by making additions thereto, or by omit- ting work therefrom, without Invalidating the Contract. b. Except for the purpose of affording protection against any emergency endangering life or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Con- tract, unless in pursuance of a written order from the Town authoriz- ing the Contractor to proceed with the change. No claim for an adjust- ment of the Contract price will be valid unless so ordered. c. The Contractor agrees to perform any of the aforementioned changed work, along with all other required work found under the Contract, without delay and in accordance with good construction practices. d. These changes outlined above may be made without relieving or releas- ing the Contractor from any of his obligations under the Contract pro- visions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Con- tract unless it is provided otherwise. e. If the changed work is more costly to the Contractor than the original , contract work, an adjustment of the Contract payment provisions wi II be made to compensate the Contractor for such additional cost. If such change is less costly to the Contractor than the original work, an adjustment of the Contract payment provisions will be ..de to credit the Town with such decreased cost. All adJusn-ents to the Contract pay- ment provisions will be made in accordance with Paragraphs g. and h. below. ". f. If applicable unit prices are contained In the Agreement (established as a result of either a Un~Prlce lId or a Suppl...ntal Schedule of Unit Prices), the Town _y order the Ccntractor to proceed with de- sired changes In the work, the value of such chenges to be determined by the measured quantities involved and the applicable unit prices specified in the Contract. g. If applicable unit prices are not contained In the Agreement, the Town shall, before ordering the Contractor to proceed with desired changes, request an Itemized proposal fra. hi. covering the work Involved In the change, after which the procedure shall be as follows: (1) If the change In the work involves additional work, the procedure shall be as follows: (a) If the proposal is acceptable, the Town will prepare the Change Order In accordance therewith for acceptance by the Contractor; or CC- 115 I I I I I I I I f I t I I I I , i 1 Ii 1.12 (b) I f the propo$~ 1 I $ not ~ccept~b Ie and prompt ~gre_nt be- tween the two p~rtle$ c~nnot be re~ched. the Town ~y order the Contr~ctor to proceed wIth the work on a CO$t-Plu$- limited Bul$. (2) If the change In the work requires ~ reduction in the work in- volved, the procedure shall be a$ follow$: (a) I f the proposal i$ acceptable, the Town wi II prepare the Change Order in accordance therewith for ~cceptance by the Contr~ctor; or (b) I f the propos a I I s not acceptab I e and prompt agreement be- tween the two parties cannot be reached, the Engineer shall fix the cost value of the credit. The Town may then order the Contractor to proceed with the work. Should the Con- tractor disagree with the cost v~lue of the credit as fixed by the Engineer, he may appeal the same in accordance with the procedures outlined herein. h. Each Change Order shall include in its final form: (1) A detailed description of the change in the work. (2) The Contractor's proposal (i f any) or a confi nned copy thereof. , (J) A definite statement as to the resulting change In the Contract price and/or time. (It) The st~tement that ~ll work Involved In the change shall be per- fOnDed In ~ccordance.wlth Contract requlr~nts except as MOdified by the Change Order. . . I. The Contractor shall not take advantage of allY obvious error In the specifications or any such error In the drawings or other Contract Doc_nts. Any obvIous error or dlscrepMCY I. fW between ....y of the Contract Doc.-nts will be I_dlately reported to the EngIneer, who shall make such corrections and Interpretations as ..y be deemed neces- sary for the completion of the work In a satIsfactory and acceptable manner. The data shown on the plans I s not a part of the Contract, but Is for Infor- ..tlon only. The Engineer and the Town will In no _y certIfy to or guar- antee the accuracy or completeness of any subsurface Infor.atlon. Changes in Subsurface Conditions: Each bidder shall be responsible for obtaInIng such additIonal data or In- formation as he deems necessary for the preparation of his bid to complete the work required. The Contractor shall haye no clai. If actual subsurf~ce conditions are different frOM those represented by the test pIts. GC- ::6 I I I I I I I I I I t I t 1 I t I 1 I 1.13 C1Alm5 for ExtrA C05t: A. All ,lAlm5 between the partle5, Including All ,lAlm5 for AdditionAl time Arl51ng out of or In Any way relAted to thl5 ContrA't and/or the performan,e of the 5ame or It5 Interpretation, 5hall within ten (10) daY5 of the event or a,tlon giving ri5e to the ,Iaim be pre5ented to the Town. All paper5 pertaining to ,laim5 5hall be filed In quadru- pll,ate. Su,h notl,e need not detail the amount of the ,laim, but shall state the fa't5 surroundIng the ,laim in suffi,ient detail to identify the ,Ialm, together with It5 ,hara,ter and 5,ope. In the meantime, the Contra,tor 5hall pr~eed with the work a5 dlre,ted. Any ,'aim not presented within the time limit 5pe,ified in thi.5 para- graph shall be deemed to have been waived, ex,ept that If the ,'aim is of a ,ontinuing ,haracter and notice of the claim 15 not given within ten (10) days of it5 commencement, the claim will be considered only for a period commencing ten (10) days prior to the receIpt by the Town of notice thereof. The Contractor shall in no ,ase allow any claim or dispute to delay the work. b. As soon as practicable after the final submIssIon of all Information, the Town shall make a determinatIon of any ,'aim. Said de,lslon of the Town shall be a condition precedent to any further a,tlon on the claim. However, upon certification in writing by the claimant that the claim has been submitted in its final form, the Town shall be obliged to render a decision on said claim within sixty (60) days of the date of said certification. Should the Town fall to render its decision within the aforementioned sixty (60) day, period, its decision will not be a ,ondltion pre,edent to any further a,tion on the part of the daimant. ,. There shall be no added ,ompensatlon paid for delay to the Contra,tor unless the Town cau5e5 said delay bya .aterlal breach of this Con- tract, and cClIIIpllance wIth the foregoIng notIce provisions shall be a ,ondltlQ!\ precedent to the prosecutIon of any ~.ch clal.. I" any dal. for delay, ex,ept for "Ex,usable Delay5 and ExtensIons of Tl_" as de- fIned In the GENERAl COtlDITlOtlS SECTlOte ''TEMIIlATIOII''. "DELAYS AHD EX- TENSIONS". ''LIClllIDATED DAMGES". ~reh, It Is al1eged that the Con- tra'tor.'s equIpment ..s caused to r_fn I~.. _ly _-half of the prevaIlIng rental rates for use of saId equIpment will be ,Oftsldered as damages for Idled equipment in order to allow for the absen,e of fai'r wear and tear, whi,h Is allowed for In prevailIng rental rates for. equipment usage. d. Claims for addItIonal ,ampensatlon for extra work due to alleged errors In ground elevations, ,ontour lines, or ben,h ..rks will not be ,onsld- ered unle5s a"ampanled by ,ertlfled survey data, -.de prIor to the tl.. the original ground was disturbed, ,Iearly showIng that errors exl5t whl,h ruulted. or would result, In handling _e materIal or perform- ing more work than would be reasonably estl..ted fraa the Drawings and map5 Issued. e. If, on the basis of the available evlden,e, the Town determines that an adju5tment of the Contr."t PrI,e and/or TIme Ts JustIfIable, the pr<<edure 5hall be as provided In S.'tlons "CHANGES IN THE WORK" or GC- 117 I I I I I I I I r I I I I 1 I t I I t "TERMINATIONS; OELAYS ANO EXTENSIONS; LIQUIDATED DMACES" 0' the CENERAL CONDITIONS. ,. In the event of ~n unf~vor~ble decision by the Town, the Contr~ctor s~11 h~ve the right to contest s.ld decision ~s provided for under the provisions of this Contr~ct. 1.14 Termination; Delays and Extensions; and Liquidated Damages: ~. Termination of Contract: For its own convenience, the Town may, at any time prior to the issuance 0' ~ Notice to Proceed, void the Con- tract by giving unequivocal and unconditional written notice of such avoidance to the Contractor, and In the event of such avoidance, the Town will not be liable to the Contractor for any claims or losses, Including anticipated loss of profit and monies expended in anticipa- tion of performance under the Contract. At any time subsequent to the Notice to Proceed, the Town may, ~t its own convenience, terminate the Contract by giving unequivocal and un- conditional written notice of such termination to the Contr~ctor. In the event of such termination by the Town, the Town snail be responsible to the Contractor for the following monies only, which monies shall be subject to legitimate charges of the Town against the Contractor: (1) All reasonable costs incurred by the Contractor in performance of or in anticipation of performance of the Contract, provided the Contractor shall take all reasonable steps to mitigate such dam- ages including the return and/or resale of ~terlals ordered; and (2) A mark-up of 10* for profit and 10* for overhead on the reason- able cost of the work completed and in pl.ce, In .ccordance with the Contract Drawings ~nd Speclfic.tlons, to the d.te of termina- tion. The Contr~ctor shall r_In responsible for the work ca.- pleted, In accordance with the Contract pnJlVlsTons. Should any work under this Contract be subject to, or te,..lnated by the act Ion of any thl rd party, gover.-ental WIlt or court" to any eco- logical or other ranon, the rights of the Contractor to recover of the Town shall be dete,..lned as set forth above. The.Town may give notice In writing to the Contractor and his Surety of ~ny materl~l breach of the Contract by the Contractor to include, but not be limited to, any of the following: (I) Failure to begin the work under the Contract within the time specified. (2) Failure to perfon.. the wOrk with sufficient workmen, equipment, or materials to Insure the prompt completion of the work. (3) Unsuitable performance of the work or 'allure to perfon. anew such work as shall be rejected as defective and unsuitable. GC-1l8 I t I 1 I I I I f I I I I f I 1 I I J (~) Neglecting or refusing to remove material rejected as defective and unsuitable. (5) Discontinuing the suitable prosecution of the work for a period of 72 hours, excluding Sundays and holidays, without written au- thorization of the Engineer. (6) Failure to commence discontinued work within ~8 hours after no- tice to resume (excluding Sundays and holidays). (7) Becoming insolvent or declared bankrupt, or commits any act of bankruptcy or insolvency. (8) Allowing any final judgment to stand against him unsatisfied for a period of ten (10) calendar days. (9) Making any assignment for the benefit of creditors. (10) Violating any covenants contained In the Contract Documents. The Contractor or Surety, within a period of ten (10) calendar days after such notice, shall take all practical action to correct said material breach. Should said action fail to meet with the approval of the Town, the Town may, at its discretion, order the Surety to com- plete the work or, without violating the Contract, take the prosecution of the work out of the hands of said Contractor or Surety. The Town may appropriate or use any or all ..terials and equipment on the ground as may be suitable and acceptable and may enter into an agreement, either by negotiation or public letting, for the completion of said Contract according to the t.~ and provisions thereof, or use such other _thods or cOlll~lnatlons therllOf, as In Its opInion sMIl be required or desirable for the CClllPletlClll of saId Contract In an accept- able _nner. All cosU and cMrges Incurred by. the TCIIlI1, together with the cost of completing the work under Contract, $Mil lie deducted fr_ any .antes due or which ...y bec~ due said Contractor. In case such expense shal1 exceed the 5" which would lleve been !Nyable under the Contract, then the Contractor and tfle SWety sllel1 .. liable and sMl1 pay to "the Town the UlOUnt of saId excess. b. Excusable Delays and Extensions of TI..: The right of the Contractor to proceed shall not be terminated nor sMII the Contractor be charged with liquidated damages for any delays in the completion of the work due: (I) To any acts of the Government, including controls or requisition- Ing of materials, equipment, tools, or by labor by reason of ...r, National Oefense, or any other national emergency. (2) To any acts of the Town, Its Engineer or Agents; or Injunction or litigation against said Town. (3) To causes not reasonably foreseeable by the parties to this Con- tract at the time of the execution of the Contract wIIlch are be- GC-1l9 I t I I I I I I f I t I 1 1 t t I I I I. IS t. 16 yond the control and without the fault or negligence of the Con- tractor, Including. but not restricted to, acts of God or the publIc enemy, acts of another Contractor In the performance of some other contract wIth the Town, fires, floods, epidemics, quarantine. restrictions, strikes, freight embargoes. and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions. (4) To any delay of any subcontractor occasioned by any of the causes specified In subparagraphs (l), (2) and (3) of this Paragraph "b". Provided. however, that the Contractor promptly notifies the ToWn with- in ten (IO) days In writing of the cause of the delay. Upon receipt of such notification, the Town shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and the terms of this Contract the delay is properly excusable, the Town shall extend the time for completing the work for a period of time commensurate wIth the period of excusable delay. No claim for damages or any claim other than for an extension of time as herein provided shall be made or asserted against the Town by rea- son of any delay. c. Liquidated Damages for Delay: If the work is not completed within the time stipulated in Section: TIME FOR COMPLETION/NOTICE TO PROCEED un- der SPECIAL CONDitiONS, including any extensions of time for excusable delays as herein provided. the Contractor shall PlY to the Town as fixed, agreed, and liquidated damages (It being l.posslble to deter- mine the actual damages occasioned by the delay) for each calendar day of delay until the work Is canpleted. the aalOUnt as set forth in Sec. tion: LIQUIDATED DAMGES under SPECiAl CONDITIONS and the Contractor and hIs sureties shall be.llaflle to the Town for the -.nt thereof. The Contractor she11 not assIgn or trMsfer, whether by M asslg_t or novatIon, any of Its rights, duties, benefits, oblIgatIons, Ila~llltles or rel9O"slflllltles un- der this Contract without the wrItten consent" the T_. prQl\lTded. h0w- ever, that ~sslg...nts to banks, tNSt c: .Mlres. or other financIal In- stitutions ..y be llIlIde without the consent of the Town. 110 asslgrwent or novation of this Contract shall be valid unless the assignment or novation expressly provides that the assignment of any of the Contractor's rights or benefits under the Contract Is subject to a prIor lien for labor per- formed, servIces rendered and ..terlals, tools and equipment supplied for the performance of the work under this Contract In favor of all persons, flnlls or corporations rendering such labor or senlces or supplying such ..terlals, tools or equipment. Assignment or lloYatlon: '. Engineer's Authorlt~: All work 1hall be subject to the review of the En- glneer.He shall decide all questions as to inter- pretation of the plans, specifications, and questions of mutual rights be- tween contractors. He shall decide on an acceptable rate of progress, on the manner of performance, and on the acceptable fulfillMent of the Con- tract. The Engineer shall have the right to detenwlne the points at which the Contractor may begin work and the order "In which the work shall be pro- GC- 120 I t I J I I I I I I I I 1 I I t I I j secuted to the best Interest of the Ta.n and within the Intent of the terms of the Contract. The determination or decision of the Engineer shall be a condition precedent to the right of the Contractor to receive any money or plyment for work under this Contract affected In any ~nner or to any ex- tent by such question. 1.17 Specifications and Contract Drawings: Anything mentioned In the Specifica- tions and not shown on the Contract Drawings, or shown on the Contract Drawings and not mentioned in the Speci- fications, shall be of like effect as If shown on or mentioned in both. In case of any discrepancy In the Contract Drawings or Specifications; the matter shall be Immediately submitted to the Engineer without whose deci- sion said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense. 1. 18 Shop Drawings: a. All required shop drawings, machinery details, layout drawings, work- ing drawings, material and equipment descriptions. etc. shall be sub- mitted to the Engineer In six (6) copies for review. sufficiently in advance of requirements to afford ample tl.. for checking, Including time for correcting, resubmitting and rechecking. If necessary. Four (4) weeks should be allowed for checking from the date of receipt by the Engineer's Chief of Construction. The Contractor, with the ap- proval of the Engineer, may submit manufacturer's literature as a sub- stitute for. or supplement to, the shop drawlngs"etc. The ..inim<n size for any sublaisslon shall be BiOI x 11" and the 1MX1_ size shall be the size of the Contract Drawings. All shop drawIngs. .tc. and/or printed matter submitted shall be property Identified by project and specific application with reference to Cantr.ct Drawing ~r and speclflcat Ion Item. b. 110 construction. purchase. dell....ry. lutanatl. OfT _k s"-11 be clone or Mde on any plrt or feature of this Cantr.ct ""'rell Is dependent upon shop dra..lng r....lew. until such r....r_ MS been recerved frC81 the Engl- _r. If tM Cantractor proceeds wlt~~I'" shelp .r..lngs, It shall ~ at his _ rrst. 110 clar. .,.1Il"CiafttrKtor fer extensIon of the Contract tl.. will be granted by ~son at ~Is fallur. In this r.- spect. c. ShoP. drawings, etc. or printed matter shall glve all dl~nslons. sizes, etc. to enable the Engineer to deten.ln. suitabIlity of the construction, Installation, Nterlal or layout for the purposes Intended. Where needed for clarity, the drawings shall Include outlIne. sectional ...Iews and de- tailed working diMensions and designations of the kind of ..terlal, machine work, finish, etc. required. The dr..lngs to be su~ltted shall be coordinated by the Contractor with any other drawIngs pr....lously r.- viewed, with the design and function of any equipment or structure and the Contract Drawings. . d. Any shop drawings, etc. submitted without the Contractor's st.., of ap. ~ro...al will not be considered and will be r.turned to the Contractor or proper resubmlssion. Iy appro...lng and subMitting shop drawings, liC- 121 I 1 I J I I I I t I I I 1 1 I t I 1, I 1. I') etc., the Contr~ctor thereby represents that he has dete~lned ~nd verified ~II field me~surements, field construction criteria, mete- rials, catalog numbers and sl_llar data, or will do so, and that he. has checked and coordinated each shop dr~lng, etc. with the require- ments of the work and of the Contract Documents. e. If any drawings show variations from the requirements of the Contr~ct because of standard shop practice and/or other reasons, the Contractor shall make specific mention of such variation In his letter of tr~ns- mittal In order that, If acceptable, suitable action may be taken for proper adjustment of the contract price and/or time; otherwise, the Contractor will not be relieved of the responsibility for executing the work In accordance with the Contract even though the drawings have been reviewed. f. After review, the submittals will be stamped "No Exceptions Taken", "Koike Corrections Noted", "Amend and Resubmit", or "Rejected--See Re- marks". Three (3) prints of "No Exceptions Taken" or "Koike Corrections Noted" drawings will be returned to the Contractor for his use and dis- tribution to his suppliers and/or subcontractors. In the case of those stamped "Amend and Resubmi t" or "Rejected--See Remarks", two (2) pr ints will be returned to the Contractor, who shall make all indicated cor- rections and resubmit six (6) prints. g. In any submission which is noted as "No Exceptions Taken" or "Koike Corrections Note~', the review shall not extend to details or dimen- sions and shall not relieve the Contractor frOM his responsibility for canpliance with the Contract Drawings and Specifications. h. When the Contractor proposes a revision to a previously subaltted shop drawing, etc., six (6) copies shall be resubaltted for rev 1.-. This resubalttal shall clearly. IndIcate, In a revIsion block, the date, description and locatIon of the revlSIOft. The letter of tran~lttal shall state the reasons for the revisIon. '. I. The Contractor shall furnish u _ny copies of the subalttals u Is necessary for the proper coordInation of eM -"-, - sllall .Intaln a CClllplete set of the revl~ ne-r.sfo..- M the srt. of the work at all thies. j. Upon the final acceptance of the project, the Contractor shall, on re- quest, furnish the Town with a COMPlete set of shop drawing tracings or reproducible cloth reproductions of the shop drawing tracIngs. k. There will be no direct payment lNCIe for any of the above subllll ttal s or reproducible drawings, If required, but the cost thereof shall be considered as Included In the general cost of the work. Requests for Supplementary Information: It shall ~.the responsibility of the Contractor to .eke tl..ly re- quests of the Town for any additional Information not already In his pos- session which should be furnished by the To.n under the te~S of this Con- tract, and which he will require In the planning and .executlon of the work. Such requests may be submitted fr~ tl- to tl_ as the need Is approached, GC. 122 I I I I I 1 I - I I I i 1 1 I t I 1 I but each shall be fIled In ample time to permIt appropriate actIon to be taken by all parties Involved SO as to avoid delay. Each request shall be In writing, and list the various Items and latest date by whIch each will be required by the Contractor. The first lIst shall be submitted wIthin tWO (2) weeks after Contract award and shall be as complete as possible at that time. The Contractor shall, If requested, furnish promptly any assis- tance and Information the Engineer may require In responding to these re- quests of the Contractor. The Contractor shall be fully responsible for any delay In hIs work or to others arising from his failure to comply fully with the provisions of this Section. 1.20 Katerials and Workmanship: a. Unless otherwise specifically provided for In the Specifications, all workmanship, equipment, materials and articles incorporated in the work shall be new and the best grade of the respective kinds for the purpose. Where equipment, materials, articles or workmanshIp are referred to in the Specifications as "equal to" any particular standard, the Engineer shall decide the question of equality. b. All work performed and all materials furnIshed shall be In conformity with the lines, grades, cross-sections, dImensions and material require- ments, including tolerances shown on the Contract Orawings or indicated in the Specifications. c. The Contractor snaIl furnish to the Town for approval the manufacturer's detail specifications for all machinery, mechanical, and other special equipment which he contemplates Installing, together with full InfonftB- tion as to type, performance characteristics, and all other pertinent information as required, and shall likewise subMit for approval as re- quired full information concerning all other ..terlals or articles which he proposes to Incorporate In the _rIl. d. Machinery, ..chanlcal and other equl~t. _terlals or artlcl.s In- stalled-or used without such prior apprcwal shall be at the risk of subsequent rejection. .. ".cerlals S98c1ffed by r.f.rence te tM .....r f/I qIIIIol of a speclffc standard such as an ASnt Standarll. a '....,.a' s,ectflcatlOll or other similar standard shall comply with requlr...nts In the latest revision thereof and any amendment or supplement thereto In effect on the date of the Invitation for BIds, except as 11.lted to type, class or grade, or mOdified In such reference. Tha standards ref.rred to, except as mOdified In the Technical SpecificatIons. shall have full force and effect as though printed thereIn. f. The Contractor shan eIIlPloy on.!y CCll!P8tent and skillful ..n to do the work and whenever the Town s~1I notify the Contractor In wrIting that any man on the work Is, In Its opl;lIon. Incompetent or disorderly. the Contractor shall forthwith remove such person and shall not again ea- ploy him on any part of the work without the written consent of the Town. \ CiC- 123 .. I I I J I I I i 1 I 1 i 1 1 I 1 I 1 I 1.21 g. The Town may stop any work or any part 0' the work under the Contract I' the methods or conditions are such that unsatls'actory work might result, I' Improper ~terlals or workmanship are being used, or unsa'e conditions exist. h. In the event the materials 'urnlshed or the work per'ormed deviates from the requirements of the Contract Drawings and Specifications, but, in the opinion of the Town, constitutes substantial performance, the Town may accept the same. Should the deviation In question result in a savings to the Contractor, the Town will be entitled to a credit in the full amount of said savings. Should the deviation In question re- sult In an additional cost to the Contractor, the Town will not be liable to the Contractor for such additional cost. If the materials, or the finished product In which the materials are used, or the work performed are not In conformity with the Contract Drawings and Specifications and have resulted In an inferior or un- satisfactory product, the work and materials shall be removed and re- placed or otherwise corrected by and at the expense of the Contractor. Sam~es, Certificates and Tests: a. The Contractor shall submit all samples, materials, certified test re- ports, materials certificates, certificates of compliance, affidavits, etc. as called for in the Contract Documents or required by the Engi- neer promptly after award of the Contract and acceptance of the Con- tractor's bonds. No such materials and/or equl~nt, etc. shall be manufactured or cl'elivered to the site, except at ~he Contractor's own risk, until the required samples/certlflc.tes/tests/etc. have been ap- proved In writing by the Engineer. My delay In the work calsed by late or IlIIproper subnllsslon of the above for approval shall not be considered Just cause for .an extension of the Cantract tl_. - b. SalIIples: Unless otherwise specl"ed, tile eont~t<< shall furnish the requlre6 s.-ples without charg., and shall provide .....ry facUlty for the securing of _terlal $.-pIes. .....11 provide _s and assist 'ft tile verlfl~tlClll of all ~1"t_~""otl!U' ...,Ices Wllch he operat~s. Sallples to fie sut.rtt" .It a"&bft tr me Engrneer or a laboratory approved by the TCMI unless otherillse specrfle6. All ..t.- rials being used shall be subject to res.-pllng and testing at any tlllle duri~g their preparation and/or use. -All samples subnlltted by the Contractor shall be properly Identified to Include, but not be 1I..lted to, the project -, project number, It. number and description of ..terlal, _ of the producer, place of origin, and other detailed Info~tlon Wllch will assist the Engi- neer passing upon the acceptability of the ..-pl.. Certified test re. ports, materials c.rtlflcates -and/or certlflcat.s of ~llance re- quired to be submitted with the samples, or If pe~ltted In I'eu of samples, shall conform to the requirements stated hereafter. c. Certified Test Report: A certified test report shall be a doc~nt containing a list of the dl...nslonal, c~ic.l, _tallurglcal, elec. trlcal and physical results obtaIned fra. an actual test of the ..te- CiC- 124 I I I 1 I I . I I I I I t I I I I 1 I rlal~ menu clude (1) (2) Involved, and ~~ll certify tn.t the ~terlal~ meet the require- of the Contract Drawlng~ and Speclfl~tlon~, and ~hall al~o in- the following Information: Item number and description of material. Date of manufacture. 0) Date of testing. (4) Name of organization to whom the material I~ consigned. (5) Quantity of material represented such a~ batch, lot, group, etc. (6) Means of identifying the consignment such as label, marking, lot number, etc. (7) Date and method of shipment. (8) Name of organization performing test~. The certified test report shall be signed by an authorized and respon- sible agent for the organization manufacturing the material, and it shall be notarized. Haterials Certificate: A materials certificate shall be a document certifying that the materials, components and equipment furnished con- , form to all requirements of the Contract Drawlng~ and Specifications. The document shall also Include the following Infor.ation: d. e. (1) (2) ()) l') <.5) Project to which the .aterial I~ consigned. . -..e of contractor to whom ..terl.l Is supplIed. . . It_ nUlllber and descriptIon of _terl.l. QuantIty and .aterl.l represent" .. tbe certIfIcate. . Mean~ of Identifying the conslgo.ent such .s label. ..rklng, lot numbers, . etc. (6) . Date and method of shipment. GC-125 I I I 1 I 1 I I I I t I 1 1 I I I I I (1) Project number. (2) Item number and description of ~terlal. (3) Quantity represented by the certificate. (~) Name of manufacturer. The certificate of compliance shall be signed by an authorized and re- sponsible agent for the prime Contractor, and shall be notarized. f. Tests: Tests as required by the Specifications will be made In accor- dance with the latest revision to the standard method of American As- sociation of State Highway Officials or the American Society for Test- ing and Haterials In effect at the time of bidding, unless otherwise specified on the Contract Drawings or Special Conditions. Representa- tive preliminary samples of the material proposed for use shall be submitted, without charge, by the Contractor or producer for examina- tion and tested in accordance with specified methods. All materials being used are subject to test or rejection at any time during their preparation and use. Haterials will be rejected by the Engineer whenever, In his Judgment, they fail to meet the requirements of the Specifications. The Town reserves. the right to retest all materials which have been tested and accepted at the source of supply after, the same have been delivered, and to reject all materials which, when retested, do not meet the requirements of the Specifications. g. Approval/Acceptance: Approval of any .aterlals shall be general only and shall not constitute. waIver of the TOMI's rtght to ~ full ca.plhlnce with Contract requlr~ts. After act.,.l c1eU.,.rtes. the Engineer wt11 have such check tests'" as he '.-1' necesury In each InsUnc~ and _y reject _tedals and equls-ent end accessories for cause. even though such IUtedals and arttclu have been gIven general approval. If ..terlals. equls-ent or accessorIes whIch fall to_t c;hec;k tests have been Inc;orponted fa eM ..n. die b11neer wtll ha.... the dght to cause theIr r.-oval _ r.,Ia~t ." proper ..tedals or to demand and secure such reparatIon by the Contractor as Is equit- able. # The Engineer may accept a material or c~lnatlon of ~terlals and, therefore. waive noncomplying test results. provided that all of the following conditions are met: (I) Results of prior and subsequent series of tests of the ..terlal or materials from the same source or sources are found satisfac- tory. (2) The incidence and degree of nonconformance with the Specification requirements are, In the Engineer's Judgment. wIthin reasonable and practical limits. GC- 126 I I I I I I I I I I I I I 1 I I I I I (3) The Contractor hAt diligently exerclted ..terlal controls contls- tent with good pr.ctlcet In the Engineer's judgement. (~) No .dverse effect on the value or servlce.blllty of the completed work could result. The Engineer ~y, .t his discretion, w.lve testing of extremely minor quantities of ~terlal when such material Is obtained from sources that are prevalently on test. h. Costs: Except.s otherwise specifically stated in the Contract, the costs of sampling and testing will be divIded as follows: (I) The Contractor shall furnish without extra cost, Including pack- ing and delivery charges, all samples requIred for testing pur- poses, except those samples taken on the project by the Engineer and the Town shall pay all other testing costs of said samples. (2) The Contractor shall assume all costs of retesting materials which fail to meet Contract requirements. (3) The Contractor shall assume all costs of testing ..terlals offered in substitution for those found deficient or for those specified. 1.22 Permits and Codes: a. The Contractor shall give all notices required by.. and shAll observe and comply with all Federal and State I~, and L~I by-I..s, ordi- nances and regulatIons In any manner affectIng the conduct of the work, and all such orders or decrees as MY extst at present and those which ..y be enacted later. of bodies or trIbunals Mvrng any jurtsdrction or authority over the worlt. The ContrKCor shall Incr-If., and save hIIr.less the T_ and Engineer and .11 f1#. Its afftcers. ......ts and ser- vants agaInst any clal. or lfabrUe., arr.f", f.... or ...eIf CIR the vIo- latIon of any such 1_. byl_. ordinance, regvlatl_. onIer or deer... whether by hlllSelf or hIs ellplCJy'ees. "11 CGIIstructlon. _k and/or utIlity In.tallatlons .hall ca.pl., .f~ .11 appllcail. ardlnances and/ Oft' codes. Includrng any and all ...tn. ~ ~to. Before ccmnenctng any work, the Contractor shall ex.lne the Contract Drawings and $peclflcatlons for c~llance wIth applicable ordinances, codes, etc. and shAll imMediately report any dIscrepancy to the Town. Where the requirements of the Contract Dr..lngs and Speclftcatlons fall to comply wIth such applIcable ordinances, codes, etc.. the Town wIll adjust the Contract by Change Drder to con for. tll such ordInances. codes. etc. (unless waIvers In wrIting covertng the differences have been gnnted by the governIng ,body or deparc.ent) and uke the appro- priate adjustment In the Contract Price or stipulated unIt prIces. Should the Contractor fall to observe the foregoing provIsIons and pro- ceed with the construction or work and/or Install any utilIty at vari- ance with any applIcable ordInance, code, etc., IncludIng any written waIvers (notwIthstandIng the fact that such Installation Is In c~ll- ance with the Contract Drawings and SpecifIcations), the Contractor GC- 127 I I I I I I 1\ I I . I I I 1 I I I 1 I shall remove such work without cost to the Town, but a Change Order will be Issued to cover only the excess cost the Contractor would have been entitled to receive If the c~nge ~d been made before the Con- tractor commenced work on the Items Involved. b. Unless otherwise specified, the Contractor shall, at his own expense, secure and pay to the appropriate department of the Local/State/Fede- ral Government the fees or charges for all permits including, but not limited to, those required for street pavements, sidewalks, sheds, re- moval of abandoned water taps, sealing of house connection dralns, pavement cuts, buildings, electrical, plumbing, water, gas, and sewer permits, etc. required by the regulatory body or any of Its agencies. c. The Contractor shall comply with applicable Local/State/Federal laws, ordinances, codes, etc. governing the disposal of surplus excavation, materials, debris and rubbish on or off the Project Area and commit no trespass on any public or private property In any operation due to or connected with the work under this Contract. 1.23 Care of Work: a. The Contractor shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance, whether or not the same has been covered in whole or in part by payments made by the Town. Haterlals shall be stored so as to insure the preservation of their quality and fitness for the work and s~ll be located so as to facili- tate prompt inspection. When considered necessary, they shall be placed on wooden platfonas or other ~rd, clean surfaces and not on the ground and, when dIrected, shall be placed In weatherproof build- Ings. Stored Il;'Iterlals, even though approved before storage, shall be In- spected prIor to theIr use In the work end .11 _t the requIrements of the specIficatIons at the tl_ It Is ,roposed to use t"-. II. The Contractor shall, at hIs sole upense end wfthout My..tdTtIOMI cost to the Town, provIde watc'-en and/or other security .asures as may.be reasonably requIred to properly protect and care for ~terlals and work completed, and to otherwIse prevent property d~ge and/or personal Injury. c. In an emergency affectIng the safety of Ilf. or property, IncludIng adjoInIng property, the Contractor, without speeral rristructlons or authorIzatIon fr~ the Town, Is authorIzed to act at hIs dIscretIon to prevent such threatened loss or Injury, end he shall so act. He shall lIkewise act If Instructed to do so lIy the Town. .Any compensa- tion claimed by the Contractor on account 0' such emergency work will be determined by the Town as provided hereIn. . d. The Contractor shall avoid d~ge as a result 0' hIs operatIons to ex- Isting sidewalks, streets, curbs, pav8Dents, utIlItIes C.xcept those whIch are to be replaced or removed), adjoInIng property, etc., and he GC- 128 I I I I I I I I I I I I I I I I I 1 I snaIl, at nls own expense, completely repair any damage tnereto caused by nls operations. eo Tne Contractor snail snore up, brace, underpin, secure, and protect as may be necessary, all foundations and otner parts of existing struc. tures adjacent to, adjoining, and In the vicinIty of tne site which may be In any way affected by the excavations or other operations con- nected wltn the construction of tnis Contract. The Contractor shall be responsible for tne giving of any and all required notices to any adjoining or adjacent property owner or other party before the com- mencement of any work. The Contractor shall IndemnIfy and save harm- less the Town and the Engineer from any damages on account of settle~ ments or the loss of lateral support of adjoInIng property and from all loss or expense and all damages for which the Town and the Engi- neer may become liable In consequence of such Injury or damage to the work or adjoining and adjacent structures and/or their premIses. 1.2~ Accident Prevention: a. The Contractor shall exercise proper precautions and safety measures at all times for the protection of persons and/or property and shall be responsible for all injuries and/or damages to all persons and/or property, either on or off the site, which occur as a result of his prosecution of tne work under this Contract. The safety provisions of all applicable Local/State/Federal laws and building and construc- tion codes shall be observed and the Contractor shall take or cause to be taken such .additional safety and health me~ures as the Town may determine to be reasonably necessary. . Machinery, equipment and trucks shall be properly guarded, and opera- tIonal hazards shall be eli.'nated In accordance .Ith the provIsions and Intent of the latest .;evlsed edItion of tM ''''nual of Aoccldent Prevention In ConstructIon", published ~ the Assoclateet lieneral Con- tractors of Aalerlca, to the extent tlMt IUdl prwtslons are not In contraventIon of applicable I.,. A c~ of this .-nual sflall be avaIlable for reference at all tl..s I. the Contractor's fIeld offIce. The Contractor's attentIon Is also cen... ~ the SectIon: SAFETY PRO- YISIOIIS of the GlNEIlAL COIlDITIOItS, -~ " b. The Contracto( shall ..Intaln an accurate record of all cases of death, occupational dIsease, and Injury requIring ..dlcal attention or causing loss.of time frOlll work arisIng out of and In the course of .-ployment on the work under this Contract In accordance wIth the raqulr...nts of the applicable Local/State/Federal regulatIons. The Contractor shall pr~tly furnish the Town with reports concernIng these ..tters. c. The Contractor shall Ind8M'lrfy and save henaless the Town and the Engi- neer frea any and all claIMS for d.-ages resultIng frea personal Injury, death and/or property damage suffered or alleged to have been suffered by any person as a result of any work conducted under thIs Contract: See also the Section: INDEHHITY CLAUS[ of the GENERAL CONDITIONS. 1.26 Sanitary Regulations: Sanitary facilities consistIng of a portable chemi- cal-type prIvy properly secluded fra. public obser- GC- 129 I I I I I I I I I S . I I I I I I I I vatlon, shall be provided wherever and whenever needed for those employed on the work. Such facIlities shall be made available when the first ..- ployees arrive on the sIte of the work. It shall be maintained at Inter- vals of not less than seven (7) days. He shall rigorously prohibit the cannllttlng of nulsancn on the site of the work, on the lands of the Town or on adjacent property. Any employee found violating any provisions of this section shall be discharged and not again employed on the work with- out written consent of the Engineer. The Contractor shall clean up the premises when and where privies are removed. The Town and the Engineer shall have the right to Inspect such facilities at all times to determine whether or not they are beIng properly and ade- quately maintained. A safe supply of drinking water for the use of all persons on the work shall be provided and maintained by the Contractor. Requirements of the State and local Health Officers with respect to sanitary facilities, drinking water, etc. shall be complied with. AccCllllllodatlons where the Contractor's employees may wash up, change clothes, find shelter fr~ the weather, etc. shall be provided In those cases .mere and as such accannlO- dations are needed. 1.26 Use of Premises: a. The Contractor shall confine his equipment. storage of materials, and construction operations to the Contract limits as shown on the Draw- ings and as prescribed by ordinances or penalts, pr as aay be desired by the Town. and shall not unreasonably encl8ber the site or public rights of way with his materials and construction equl~t. b. The Contractor she 11 c~ ly wi th al1 Instruct Ions of the TCMI. Eng 1- neer and the ord I nancn, codes, etc. of the loea 1 /'Staten-ederal Govern- .ent regarding signs, advertising, traffic. fires. ~lostv.s, danger slllnals, barrfcades, etc, " 1.27 "->val of !febris, Cleaning, Etc: The Contr.ctor shal1. _kly or as di- rected _1.. eM ..-ogress of the work, r_. and legal1y dlS90le of all s.urp'" ~t" Mter'.' and Mbrls, and keep the Project Aru and publlc rl,lIes of..., reas_bty ctear, Upon c~letlon of the work, he shall r-e al1 tellPonry canstructlon faclll- tin, debris and unused materials provided for the NDrk and put the whole site of the work and public rights of ..y In a neat and clean condition. Trash burning on the site of the work will be subject to prior approval of the Town and existing local/State/Federal regulations. The cost of all required clean-up shall be Included In the various prices bid under this Contract, 1.28 Inspection/AccePtance of the Wor~: a. All materials and workmanship shall be subject to Inspection, ex..l- nation or t.st by the TOlOn and the Englne.r to d.t....lne the ICC.pt- ability of the work at any and all tl..s during ..nufactur. or con- struction and at any and all plac.s where such -.nufectur. or construe. CC- 130 I I t I I I I I I I I I I I I I I , I tlon Is ,arrled on, and the Contractor s~11 provide proper 'acllltles 'or such a"ess and Inspe'tlon. The Town or the Engineer shall have the right to reje't de'e,tlve material and workmanship or require Its corre,tlon. Una"eptable workmanship shell be satls'a'torlly ,orre'ted. Rejected ~terlal shall be promptly segregated and removed 'rOM the Pro- je't Area and repla,ed with ~terlal 0' specified quality without ,harge there'or. ., the Contra,tor 'ails to proceed at once with the ,orrec- tlon 0' reje'ted workmanship or de'e,tlve material, the Town may, by ,ontra,t or otherwise, have the de'e,ts remedied or reje'ted materials removed 'rom the Proje't Area and 'harge the ,ost of the same against any monies whl,h are due or may be,ome due the Contractor, without pre- judl,e to any rights or remedies 0' the Town. b. The Contra,tor shall 'urnish promptly all materials reasonably ne,es- sary 'or any tests whi,h may be required. (See Se,tlon: SAMPLES, CERTIFICATES AND TESTS under the GENERAL CONDITIONS.) All tests by the Town or the Engineer will be per'ormed In such manner as not to delay the work unne,essarlly and shall be Made as required by the Spe- dfl~tlons. ,. If the Spe,I'I,atlons, the Town's Engineer's Instructions, laws, ordi- nances, or any public authority require any work to be specifically tested or approved, the Contractor shall give the Engineer timely no- tice 0' its readiness for inspection, and If the inspection is by an authority other than the Engineer (su,h as a testing organization designated by the Town), 0' the date 'ixed 'or such inspection. If any work should be covered up without approval o~consent of the Engi- neer, It IllUst, If required by the Engineer, be uncovered for examina- tion and properly restored at the Contractor's expense. The Contra,tor slwtll notify the Engr_r sufftclently In advance of backffl ling or concealing.any facl Iftr., to pe,.tt proper rnspectl_. If ...y facflltles are concealed wltllout ."rova1 or consent of the Engineer or the T<N', the Contractor ....11 uncover for Jnspectlon .wi recover .such facilities ell et Ills _ upense when so requested by the Town or the Engineer. Should .It ... consIdered necessary or .,...,. fir tile msrneer. et ...., tl_ befora final ecceptance of the antrr. 1IOf"t. to _Ice ... _..Ina- tion 0' work ,lreacly completed by uncoverr", the -, the C_tractor s~ll, on request, promptly furnish ell necessery facrlltlas, labor and ~aterlal. If such work Is 'ound to be defectrve due to the fault of the Contractor or his subcontractors, he shell defrey ell the ex- penses of such examination and of satisfactory reconstruction. If, however, such work Is found to ..at the requrr_U of the Contract, paV-nt under the provisions of the 'ENEIlAl COMO IT I OMS , CHAII'ES IN lltE WORK, shell be allowed the COf\tractor and he shan, In additIon, If ~Ietlon of the work of the entire Contract has been deleyed thereby, be granted e suitable extension of tl_ on eccount of the addltlonel work Involved. d. Inspection of mater'als and appurtenances to be Incorporated In the Improv_nts embra,ed In this Contract ..y be .acle at the place of production, ~nufactura, or shipMent whenever the quantity justifies GC- 131 I I . I I 1\ I I I I I I I I I I I I I 1.29 1.30 1.31 1.32 It, and such Inspection and acceptance. unless otherwise stated In the Specifications. shall be final except as regards (1) latent defects. (2) departures from specific requirements of the Contract, (3) damage or loss In transit, or (4) fraud. or such gross ~Istakes as amount to fraud. Subject to the requirements contaIned In the preceding sen- tence, the inspection of materials as a whole or In part will be made at the Project Site. e. Neither inspection, testing. approval nor acceptance of the work in whole or In part by the Town or its agents shall relieve the Contrac- tor or his sureties of the full responsibility for materials furnished or work performed not In strict accordance with the Contract. Review by Town: The Town. its authorIzed representatives, and agents shall at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, em- ployment conditions, material invoices, and other relevant data and records pertaining to this Contract; provided. however, that all instruction to the Contractor are only by the Town through its authorized representatives or agents. Final Inspection: When the improvements embraced in this Contract are sub- stantially completed, the Contractor shall notify the Town in writing that the work will be ready for final inspectIon on a defi- nite date which shall be stated in the notice. The notice will be given at least ten (10) days prior to the date stated for final inspection, and bear the signed concurrence of the representative of the Tpwn having charge of inspection. If the Town detenllines that the status of the llIIprovements is as represented, it will make the arrangements necessary to have final in- spection carmenced on the date stated In the notIce, Of' as soan therufter as is practicable. The Inspection party MY also Include the representa- tive of the Federal Agency an4 representnh,es of each depart8ent of the local lioverrwent having charge of llIIprov_ts 0# lib cheracter ~ such 'A'.tr~~s s~:da\f.r... ~~ ';rttcm'i~ I~U"l.atm1n,=g~ pello~S:~~e8~c. I:'~ .tarts at tur. <!.ate. - - - Deduct ons for Uncorrected Work: If the T_ de_ It not expedIent to require eM Contnlctor to _reet work IlOt done In acCOf'dMce with the Contract 1k--l-tS. _ ...It.'e deduc- tion frml the Contract Price will be ..cre IIy II!Ir~t fle~en the Con- tractor and the Town and subject to settl_t In case of dIspute, as herein provided. Insurance: a. Worklllen's Compensation: The Contractor shall carry. or require that there be carried, Workmen's Compensation Insurance _ Elllployer's lia- bIlity Insurance for all hi. eMployees and those of his subcontractors engaged In work on the site In accordance with State Of' Territorial Workmen's Compensation l_s. b. IWlnufacturers' and Contractors' liability: The ContrKtor shall carry, or require that there be carried, Mlnufacturers' and Contractors' lia- bility Insurance with 1I.lts as specified In the "SCHEDULE OF INSUMNCE" under "I NSURAHCE" of the Spec lal Cond I t I ons for: IOC- 132 I I . I I I I I I I I I I I I I I I I (I) Personal Injury: This s~II protect the Contractor and hIs sub- contractors and their heirs and assigns against all clal~s for Injury to, or death of one or IIOre than one person, be~use of accidents which ..y occur as a result of operations under this Contract; such Insurance s~11 cover the use of all equipment in- cluding, but not limited to, excavation machinery, trenching machines, cranes, hoists, rollers, concrete mixers, motor ve- hicles, and other equipment as may be specified elsewhere which may be used In the construction of the Improvements embraced In this Contract. This Personal Injury Liability Insurance will be carried from commencement of work to final acceptance of the work under this Contract and will be extended to Include Insurance for completed operations. The completed operations portion of the Personal Injury Liability Insurance shall be extended for the en- tire period of the guaranty unless otherwise specified. This in- surance shall coyer owned, hired, and non-owned equipment. (2) Property Damage: This shall protect the Contractor and hIs sub- contractors and their heirs and assigns fro. all cIa I., for prop- erty d~e which might arise fro. operations under this Contract. Property Damage Liability shall be extended to include insurance for completed operations. The completed operations portion of the Property Damage Liability Insurance shall be extended for the entire period of the guaranty unless otherwise specified. (3) Kanufactururs' and Contractors' Liability s~11 ~ exclude lia- bility for personal injury or d~ges to property as a result of blasting, explosion, collapse of buildings or structures, and damage to underground installations. c. Auto.otlye Liability: n.. Contractor s_11 carry, or r..lrethat there be carried, Auto.otlve Liability rMurance 'or ,.,.s_1 Injury and property d.uge wIth the 1I.lts .. specl"'" I.. the "SCHEDUlE OF INSURANCE" uncIer "INSURAHCE" of the Special CondItIons to protect the Contractor and his subcontractors ..-I thalr llelrs ..-I assIgns fr_ all clal_ 'or any pers_1 IlIj_ry or po RlIlr,ty. ge frO I" '" .. occur- rence, ...wI arising out 0' the _shl" .rllt.-e flIT use. Inclucllng loading and unloading, 0' any vehIcles durIng the operatIons uncIer this Contract. ThIs coverage shall Include coyerage 'or owned, hIred and non~owned yehlcles. d. Towns' Protectiye Liability: The Contractor shall carry. or requIre that there be ~rrled, Towns' Protect 1_ LIabilIty Insurance 'or and In the name 0' the Town, the Engl....r and any others as MY be specI- fied In the Special CondItions uncIer "IIlSUIlAIICE" to protect t~ and their heirs and assIgns fr~ a'l claiM 'or persanal Injury and prop- erty damage arising fra. the Contractor's or hIs subcontractor's operations under this Contract with like coyerage and requIrements for the Contractor's "Manufacturers' and Contractors' LIabIlity" Insurance as specifIed herein and with the 1I.lts as speclflecl In the "SCHEDULE DF INSURAHCE" under "INSURAHCE" of the Spe.clal CondItIons. CC-133 I I . I I I I I I I . I I I I I I I I The Contra'tor and his Insurer shell waive governmental Immunity as a defense and shall not use the defense of governmental Immunity In the adjustment of ,Ialms or In the defense of any suit, a,tlon or claim brought against the Town. e. Builder's Risk Insurance: If required by "INSURANCE" of the Spedal Conditions, the Contractor shall ,arry Builder's Risk Insurance (Fire and Extended Coverage, including "Special Extended Coverage"---also known as All-Risk Builder's Risk Coverage), on a lOOt campleted value basis of the insurable portions of the project for and In the name of the Town and the Engineer unless otherwise specified. The Contra'tor and subcontra,tors and other Interests shall be named only under the' Loss Payable Clause as their Interests may appear. The Reporting Form type of Builder's Risk Insuran,e will NOT be ac,eptable. The maximum a"eptable deductible shall be $1,000. f. Job Offi,e Insuran,e: The Contra,tor, when required by the Special Conditions to provide job offices for the use of the Tawn and Engi- neers, shall carry insurance for and In the name of the Town and the Engineer or accept full responsibility (In writing) for loss or damage to the ,ontents to cover office re,ords, supplies, Instruments, equip- ment and personal property of the Town and Engineers using the field office. If insured, the limit shall be as specified in the "SCHEDULE OF INSURANCE" under "INSURANCE" of the Special Conditions. g. Other Insurance: (I) . Blasting: When explosives are to be used In the prosecution of the work, the required Insurance shall also contain provisions for protection against damage clal., due to such use of explosives. (2) The Contractor shall ~rry, other Insurance as requIred SURAHCE". or requIre that there be carried, any In the Speer.l Ccndltlons uncMr "Ill- ~. h. Enclors_nts: (1) Each Contractor's potrcy shaH r.c,... . Contnctual "HOLD HAlM- LESS" endorsement and coyer~. es follClWS: , "The Contractor (and his subcontractors) shall, during the per- '. forman,e of th I s work, take necessary precautlons end p I ace prQper guards for the prevention of eccldents; shall keep up ell night suitable and sufficient lights end barricades; shall fully canply with the Occupational Safety end lleiilth Act end ell other Fedenl, State and locel lleguletlons rncludlng any end ell amendlMnts, revIsions. end addItIons thereto; end shall Ind__ nlfy and save herml,ess the Town. the Enghleers, end theIr elIIployees, officers and agents frCllll any end ell clal.s.. suits. actions, Hnes, fees, damages and costs to which they ..y be put by reason of death or Injury to all persons and/or for ell property d_ge of another resulting fro. non-'ampllence, unskl"fu'Iness, willfulness, negli- gence or carelessness In the perf~ce of the work, or In guerd- Ing or protecting the s.... or fraa any IMProper ..thods. ..terlals, Ge- 134 I I I I I I I I I I I I I I I I I I I Implements or appliances used In performance of the work, or by or on account of any direct or Indirect act or omission of the Contractor (or his subcontractors) or his employees or agents, and whether or not actIve or concurrent negligent act or omission by the employees. officers, or agents of the Town or the Engineer may have directly or Indirectly caused or contributed thereto." (2) Manufacturers' and Contractors' Liability shall further include an endorsement stating: "Thi s pol icy sha II cover owned. hi red and non-owned equi pment." "Coverage for completed operations for both personal injury and property damage extended for the period of guaranty shall be cov- ered under this policy. Manufacturers' and Contractors' Liability coverage Includes liability for personal injury or damages as a result of blasting, explosion, collapse of buildIngs or structures, and damage to underground Installations." (3) Automotive Liability Insurance shall Include an endorsement as fol lows: "Th i s po Ii cy sha II cover owned. hired and non-owned veh i c les." (4) Town's Protective Liability shall include an endorsement as follows: ,. "The Contractor and the Insurance Company ..,;live goverrwental i_ munity as a defense and will not use the defense of governmental Immunity in the adjustment of clal.s or the defense of any suit, action or claim brought against the TCMl.tI (5) ALL POLICIES shall Include: ea) endors_t of the _It descrlp. tlan. contract n_. nllllber and lGaltlon. 'fI,) en encIors_nt that the Insurance Company will II". at lust thrrty (Jol clays wrl tten notice to the Town .M the EngIneer prror to MY 8OCIlftcatlon or cancellatIon of any such poHq; (~1 _ endor~t th.et the Con- tr.actor will be responslbla for de pay.ent tt# ail pr.lwa and/ or charges. . I. Proof of Insurance: Before commencIng any work under this Contract. .the 'Con.tractor shall submit copies of the Certlftute/Certlftutes of Insurance or binders to the Town. the EngIneer eftc:l ....y others es -y be specified In the Speclel ConditIons under "f1ISURAHCEtI. evidencing that ell Insurance es required herern I. In force. The pollcle. shell be Identified by title. polley n.Mr. effective elate, explretlon dete. coverages and 11.lts of liability. RequIred or v-rllatw. quotes of en- dorsements as required ebove 'or by the Speclel CondItions. end eny ~- standard exclusion endorsements for eny required .pollcles shell be et- tached to or be e pert of the Certlflcete/Certlflcetes of Insurence. The Contractor must either Include c~erele 'or his subcontractors In his policy or su"'lt slmller Certl'lcetes 0' Insurence 'r~ each of his subcontractors before their work COMmences. Each subcontractor ~st be COC- 135 I I I I I I I I I I I I I I I I I I I 1.33 1.34 covered by Insurance of the same character and In the same amounts as the Contractor unless the Contractor and the Engineer agree that a re- duced coverage Is adequate because of the nature of the particular work. j. DurIng the course of construction under this Contract, whenever there Is a lapse In the insurance requirements as stated herein through can- cellation, expiration, failure to renew, or any other cause, the Town shall order the cessation of all construction activities until such time as the insurance requirements are compIled with. The Contractor shall have no claim or claims whatever against the Town, the Engineer or other parties due to any delays caused thereby, nor shall It extend the completion time of the Contract. Approval/Disapproval of Insurance: Upon receipt of the Certiflcate(s) of Insurance or binders, the Town will, In writIng, Identify the poli- cies and Indicate Its approval or disapproval. New policies from other companies shall be provIded In place of those disapproved. Such In- surance shall only be carried with financially responsible Insurance companies, licensed in the State and approved by the Town. All poli- cies shall be kept in force until the Contractor's ~k Is accepted by the Town (unless otherwise specifIed). Insurance policies (covering all operations under this Contract or, If so noted, for extended oper- ations) which expire before the Contractor's work is accepted by the Town (or where noted for extended operations, through the period of guaranty) shall ~e renewed and evidence of same submitted to the Town for its approval. ,- Patents: The Contractor shall hold and save the Town, Its officers and employees harmless fro. liability of any nature or kind, Includ-- ing, but not liMited to, court costs and attorney's fees. for or on account of any patented or unpatented invention. process, artlcl. or appliance ..n- ufactured or used In the perfor...nce of tile Contract. IncludIng Its use by the TeM'l, unless otherwise specifically stlJIVlated f. tM Technical Speci- fIcatIons. ~ Warranty of Title: 110 Material, suppHes or equls-ent Incorporated or to . be I ncorporatecl I" the tIIOf'l she 11 lie I"If:'chased subject to _y chattel _tgage or under a CClftdltt_1 ill'. ., etW ..r-"t IIy ~Ich an lriterest therein or In any pert thereof I' retained if the seller or supplier. The Contractor shall warrant good title to all ..terlals. supplies and equiPment Installed or Incorporated In the work and. upon cOllP.1etion of all work, shall deliver the .- together wIth all IlIProve- ments and appurtenances constructed or placed thereon by hr. to the Town free fro. any claiMS, liens or charges. "Itller the Contractor nor any person, fira or corporatIon furnIshIng any _terra' or l.tIor for any ~k covered by this Contract shall haye any right to a Hen upon any IlIProve- _nt or appurtenance thereon. NothIng contarned rn this paragraph. ,-,,"- ever,shall defeat or impair the right of person furnIshing _terlals or labor to recover under any law peralttlng such pers~s to look to funds due the Contractor In the hands of the lown. The provisions of thIs para- graph shall be Inserted in all subcontracts and ..terlal contracts and n0- tice of Its provisions shall be given to ai' persons furnishing ..terlals for the work when no formal contract Is entered rnto for such _terlals. GC- 136 I I I I I I I I I I I I 1 I, I I I I I 1. 35 1. 36 1. 37 1.38 1.39 1.1tO General Guaranty: Neither the fl~1 certificate of payment, nor any pro- vision In the Contract, nor partIal or entire use of the Improvements embraced In this Contract by the Town or the public shall constitute an acceptance of work not done In accordance with the Contract or relieve the Contractor of liability In respect to any express warranties or responsibility for faulty materIals or workmanship. The Contractor shall promptly remedy any defects In the work and pay for any damage to other work resulting therefrom which shall appear within a period of twelve (12) months from the date of final acceptance of the work. The Town will give notice of defective materials and work with reasonable promptness. Arbitration and litIgation: Any controversy or clal. arising out of, or relatIng to this Contract, or the breach there- of, shall at the option of the Town be settled by arbitration In accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbltrator(s) may be entered In any Court having jurisdiction thereof. The Town shall exercise Its option to arbitrate con- current with the rendering of Its final decision on the clal.. Should it fail to render a final decision within the prescribed time or fall to ex- ercise its option, the claim will be detenRlned In accordance with the Rules of the American Arbitration Association as hereinbefore stated. Risk of loss: The Town assumes no responsibility for the condition of ex. isting buildings and structures and other property on the Project Area, nor for.their continuance in the condition existing at the time of issuance of the Invitation for Bids or thereafter. No adjustment of Contract Price or allowance for any change In condltlons which ..y oc. cur after the Invitation for Bids has been Issued will be .ade except as provided for herein. Required Provisions Deemed Inserted: Each and every provision of law and clause required by 1_ to be Inserted In this Contract shall be deemed to be 'nsert" here'n, _ tile Cornract shall be re~ and enforced as though ft _re facluded llere'n Md, ff through .Istake or otherwise any such provision's not 'nserted, Of' Is not correctly Inserted, then upon the application of eIther party tile Contract slwill forth- wIth be physically _nded to Mke such 'Mertta Of' correctIon. Corrections: The Engineer shall have the r'ght to correct MY errors or alIlssions in the Contract, Specifications or Contract Dr__ Ings when such corrections are necessary for the proper expression of their intent. . Such corrections shall take effect fro. the tl.. that the Engineer gives notice thereof, and any alterations In the work rendered necessary thereby shall be IIlIIde as corrected. Any conflict bebMen the approved Contract Drawings and Specifications, or any-dIsagreement In ..asur...nts upon the Contract Drawings. .ust be submitted to the Engineer 'before construction of the work. . Safety Provisions: The safety provisions of applIcable laws, building and construct Jon codes. and the s.fety codes approved by the State labor COIIIIIIssloner shall be observed. GC- 13 7 I I I I I I I I I I I I I I I I I I I 1.111 I.U The provisions of the Federal Occupational Safety and Health Admlnlstra- tlcln's "Occupational Safety and Health Standards" and "Safety and Health Regulations for Construct ion" shall be observed. Should at any time during the work under this Contract any Local/State/ Federal safety Inspector visit the site for the purpose of a safety In- spection, the Contractor shall immediately notify the Engineer's repre- sentative on the job site. The Contractor shall employ watchmen on the work as necessary and shall erect and maintain such strong and suitable barriers and such lights as will effectually prevent the happening of any accident to health, 11mb or property. Lights shall be maintained between the hours of sunset and sun- rise, and during periodS of low visibility. If, at any time in the opinion of the Engineer, the work Is not properly lighted, barricaded, and in all respects safe, both In respect to public travel or adjacent property, public or private, and If und~ such clrcu.- stances the Contractor does not or cannot Immediately put the same Into proper and approved condition, or If the Contractor or his representative is not upon the ground so that he can be Immediately notified of the In- sufficiency of safety precautions, then the Engineer may put the work Into such a condition that it shall be, in his opinion, In all respects safe and the Contractor shall pay all expenses of such labor and materials that may have been used for this purpose by him or by the Engineer. Such action of the Engineer, or his failure to take such action, shall In no way re- lieve the Contractor of the entire responsibility for,any cost, loss, or damage by any party sustained on account of the InsufficIency of the safety precautions taken by him or by the Engineer acting under authority of this. section. Night ...ork or ...ork on SunNYs or le~ 1 hoUlWtS wl1 I not lie penal tted except for _rgencles or as specified elsewhere. '. Night Work, Sundays and Holidays: Obstructions Encountered: In ~ltlCIII to s'-I"lI the construction under this Contract. the.'rwwfnes sbGw certain Infor- .tlon obtaJned" by tM Tawn regardl", CCIII4fthDs eel. ....tlK'.s wIllch exist at the site 0' the work, both at and balaw tM surfKa 0' tM ground. The Town and the En9i~eer expressly dlsclal. any responslbtllty 'or the accu- racy or completeness of the information given on the drawtngs wIth regard to the ~istlng conditions and features and the Contractor will not be en- titled to any extra compensation on account oftn~curacy or IncOlllPleteness 0' such In'ormation except as provided under the Secttons CHANGE I. SU'SU~. FACE CONDITIONS and EXISTING UTILITIES. STRUCTURES AND FIXTURES of the GENERAL CONDITIONS. It Is specifically called to the Contractor's atten- tion that!!! services, laterals, etc. are not shown 'on the Contract Dr..- I ngs and I t shall be hi srespons I b III ty to locate and protect the s_. The Information which is shown Is only 'or the conven.tence of the Contrac. tor, who must verify this infonaAtion to his awn satls'actlon. The giving of this Infor~tion upon the Contract Drawings will not relteve the Con- tractor 0' his obligations to support and protect all extstlng utilIties, structureS, and fixtureS which .ay be encounterad ~Ing the construction of the work, except as provided In the Section EXISTING UTILITIES, ST~UC- GC-138 I I I I I I I I I I I I I I I I I I I TURES AND FIXTURES of the GENERAL CONDITIONS, ~nd to m~ke good ~II d~ges done to such existing utilities, structures, ~nd fixtures ~s provided with- In the Specific~tions. 1.~3 Existing Utilities, Structures ~nd Fixtures: It will be the Contr~ctor's duty to notify ~ll utility companies, all pipeline owners or other p~rties ~ffected, and to h~ve all necessary adjustments of the public or private utility fixtures, pipelines, and other appurtenances within or adj~cent to the limits of construction made as soon as practicable when such changes are required by the Town. The Contractor shall schedule his operations in such ~ manner ~s to mini- mize interferences with the operation of the forces of utility companies or municipalities In effecting the install~tion of new facilities ~s shown on the plans or relocation of their existing facilities. The Contractor shall consider in his bid all permanent and temporary utility appurtenances in their present or relocated positions and installation of new facilities as required for the project, and no additional compensation will be made for delays, inconvenience, or damages sustained by hi. due to Interference from the above-noted utility appurten~nces or the operation of Installing or moving them. Where the Engineer determines that the relocation or adjustment of poles and overhead plant of public or private utilities is dependent upon the performance of certain contract requirements, the Contractor shall perform these operations within a reasonable length of time. \. Temporary and permanent changes required by the Town In water lines, gas lines, sewer lines, wire lines, service connections, water and ~s neter baKes, water and gas valve baKes, light standards, cableways. signals, and all other utility appurtenances within the proposed construction work are to be tUde by others at no expense to the Contractor. except .s otherwi se provided f<< in the Special Provisions or .s noted on the pIMS. ". When the Con t r ac tor Is requ I red by the Town to reloate the ut III ty Ins ta 1- lations, suc" work will be ~Id f<< <IS uU. NOf'k unless specific bid It_ f<< such work ~ppear In the ContrKt. Tha ContrKt<< wfll lie required. .t his own expense. to do everythlnt necesMry to S1IIlPO"t. ,rotect. MId sus- t.ln .11 sewer, water, gas << service ,Ipes. electrIc Ittht. power poles. telephone or telegraph poles. manholes; v.lft boxes. conduits. .nd .ny .nd all utilities, str.uctures, or fixtures 1.141 .cross << .Iong the site of the work. The Engineer, as well as the canpany or the corporation owning said utilities, structures or fixtures, .ust be notified of the same by the Con- tractor before any such utilities. structures or fixtures .re r.-oved or relocated. In case any of the said utilities. structures or fixtures .re d.....ged by the Contractor, they shell be r8lMllred by the Contr.ctor .t his own expense, or by the .uthorltles hevlng control of the .... .nc1 the ex- pense of said repairs shell be deducted fr~ the IKlI'lles due or to bec~ due the Contractor under this Contract. . In the event of interruption to water or utility services .s . result of .ccldental breakage, << .s . result of being exposed or unsupported. the Contr<ICtor sh." prOlllPtly notify the proper Hthorlty. He shell coopente with the s.ld authority In the restor.tlon of service .s prOlllPtly .s pos- GC-139 I I I I I I I I I I I I I I I I I I I sible. In no ,ase shall interruption to ..ter servl,e be allowed to exist outside of working hours. Fire hydrants s~11 be kept a"esslble to the Fire Department at all times, and no ~terlals s~11 be kept or st~kplled within twenty-five (25) feet of any fire hydrant. Should It be,ome ne,essary for the Contra'tor to remove or rel~ate any utilities, stru,tures or other fixtures due to a grade and alignment ,on- fll,t whl,h would require the proposed utility, stru'ture or fixture (not tren,h ex,avation, sheeting or other ,onstru,tion features) to ~,upy the s_ spa'e as the existing pipe, pole, ,ondult and/or other fixture, su,h r.-oval or relo,atlon will be paid for in a"ordan,e with the provisions for CHANGES IN THE WORK of the GENERAL CDNDITIDNS. Should said utilities, stru,tures or other fixtures be removed or rel~ated by the Town or the respe'tive utility ,ampanies at no ,ost to the Contra,tor, no payment will be made therefor. Prior to any removal or rel~atlon of existing fa,ilities, stru,tures or fixtures, the Contra'tor s~11 notify the Engineer of the location and the ,ir,umstan,es and shall ,ease work (whi,h .ight prove detrImental to the utility, stru,ture or fixture en,ountered). If ne,essary. until satlsfa'tory arrangements have been made with the owners of the same to properly ,are for thel1l. Should it be ne,essary to cease work and a delay is ,aused thereby, the Contra,tor shall have no claim for damages or any claim other than for an extension of time. See GENERAL CDNDITIONS---CLAIHS FOR EXTRA COST. , If the Contra, tor desires temporary c~nges of location for his oonvenien,e for any reason whatsoever. of water lines, gas lInes. sewer lInes, wire lines. servi,e ,onne,tions. water and gas ..ter boxes. valve boxes. light standards. eableways, signals and any other utilItIes. structures or fix- tures, he s~l1 satisfy the EngIneer and the TClMl tMt the prOllosed reloca- tion ckles not Interfere with hIs or other Cantrector'. operation. or tha requlr_nts of the Contrect Dratlngs. ancf _s not'~se .. obstructIon or a hazard jO trafn,. The Contractor ...11 _Ice faI. ClMl r-.uest to tha utility 'ClIIlPanles, pipe _rs. or other partIes affacted for such reloca- . tlon work. Such relocatIon work for tile cawenTence of tha Contrector shall lie ... solely at the Contractor'. upense. . The Contra'tor shall not remove or rel~te any utlltty. structure of fix- ture wi.thout the written approval of the owner of tMt utility. structure, or flxtvre unless otherwise shown on the Contract Dr.,lngs. Spe,iflcatlons, or ordered by the Engineer. I." Control of Existing Flows: During the construction of aU proposed work, the Contr.ctor sMlI t.ke every prec.ution and do the necessary work to ..Intaln .the flaw of st~ dr.inage. sanlt.ry'sew- age and natural flows through the workIng areas. The Contr.ctor rs solely responsible for providing his fldw control syst.. .nd there sha" be no separate payment for the required work. The Contractor shell be responsible for any flooding or sanitary backup on his work and to.the property owners affected by such flooding or backup. The Contractor SMJ) _ke such pro- visIons as ..y be required by the local, State or Federal health offIcers or any other publIc bodIes with jurIsdiction over the flaw of st~ dr.ln.... sanitary seepage and natural flows. CiC-140 I I I I I I I I I I I I I 1.45 1." I I I I I I 1. 47 In the event the Contractor uses water frOM natural water sources for his operations, Intake method shall be such as to create no ~rmful effects; and where water Is taken from a stre.., reasonable flow downstre.. fran the Intake shall maintaIned. The Contractor shall fur- nish all the necessary equipment, shall take all necessary precautions, and shall assume the en- tire cost of handling any sewage, seepage, stona, groundwater, surface and flood flows which may be encountered at any time during the construction of the work. The manner of providing for these flows shall meet the ap~ proval of the Engineer and the entire cost of said work shall be Included In the unit or lump sum prices bid for the various Items of the work to be done under this Contract. Sewage, Surface, Groundwater and Flood Flows: The Contractor shall employ such feasible and practical methods In his op- erations as will prevent pollution, sedimentation, or the Introduction of Impurities or other objectionable materials that may become suspended or dissolved in waters reaching streams, ponds, lakes, water supplies or other water bodies. Water shall not be disposed of by discharging It into any street gutter, drainage channel. existing drainage system, natural stream, waterway, lake, pond or bog, etc. without the prior approval of the Authority having juris. diction thereof. Should such approval be obtained, the Contractor shall ensure that no solids, debris, suspended soil partIcles, Impurities or pollutants are allowed to enter the drainage syst~. ~The Contractor shall be fully responsible for any damages to these systellls resultIng fr~ his disposal methods and any necessary Measures (such as, but II.Ited to, cleanup) required to return the syst~ to preconstructlon conditions. In addition to the above, disposal on private property shall be only with the prior written per.lsslon of the property _r. Ally ...ter u\.ed for ..,y purpose by the CantACtor slia11 ROt be discharged In such a ...y as to crute pollutlan, _tMlltatlon, or other .tverse ef- fects upons the afor_ntloned str_ or wters. Connecting to blstlng Work: 11Ie CClftt~:iflelT, 1 "V. such existing ..sonry," concrete, equT.-ent and pIpIng as Is necessary in order to make the proper connectIons to the exIsting work at the locations shown. Also, he shall ..ke the necessary pipe lIne, roadway "and other connectIons at the several poInts In order that on CClll- pletion of this Contract, water, sewage, or stora waiter, as the case ...y be, will flow through the several pIpe lInes "and structures. unless other- wise specified herein, no extra pa'fMllt w111 be ude for this work, but the entIre cost of the s_ shall be Included Tn the unit or IWIll s... prices bl d for the var i ous I telllS of the work to be done under this Contract. Existing Improvements: The Contractorshal1 conduct "Is work so as to minimize damage to exIstIng Improvements, except where specifically stated otherwise In the SpecIfIcations or Dr.-Ings. It .111 be the responsibilIty of the CClfttractor to restore, as nearly as practical to their origInal condItions, all I~rovements on publIc or prI- vate property damaged by his operations. CC- 141 I I I I I I I I I I I I I I I I I I I The utility mains, ducts. poles and services In the construction area, ~here shown on the Contract Drawings, are at the approximate locations furnished by various utilities concerned. These locations are subject to possible errors In the source of the Inform.tlon; also, errors In transcription. The Contractor shall make certaIn of the exact location of mains, ducts, poles and services prior to excavation or construction near the same. The various utility companies have been made aware of the pending con- struction and are generally familiar ~Ith the locations of conflicts in the case of the proposed construction. The varIous utility companies ~ill make all adjustments to their own lines except where other~lse shown on the Contract Drawings or specified. The Contractor shall give ample notice to the various utilities so that existing lInes can be marked In the field and adjustments made. The Contractor shall cooperate fully ~Ith the various utilities and shall plan his work so that least Interference Is caused for all parties concerned. No additIonal payments shall be made to the Contractor for delays caused by utility Interference due to negli- gence on the part of the Contractor. The Contractor shall support all utility lines uncovered during excavation. 1.48 Access to Site: The Contractor shall make every effort to MIniMize damage to all access routes, and he shall be required to restore them to their original condition. The Contractor shall acquire all neces- sary permits for working in, on, or from public streets or rights-of-way and for securing additional access rights thereto. . All costs of the removal and restoration to origInal conditIon of ~lls, fences, structures, utility lines, poles, guy wIres or anchors, ~d other improvements required for passage of the Contractor's equl.-ent shall be borne by the Contractor: The Contractor stlall notIfy the proper authori- tIes of the Local &over~nt and all utIlItIes of any Intended .edIfIca- tion or dIsruptIon to theIr property prIor to the start fJIf canstructlon and shell cooperate wIth t'- In the schecfull.. 8IlCI'-per'~ of his operat Ion. If tile Contractor. by direct 1MI90tlatlan ... barV-ln with any lend _r, lessee or tenant, hes secured for Ill_If ~ ,~ CO _ ..... spKe or greater privIleges than tile SllKe provl4elf .., die T_ fO#' purposes Ind- dental to the perfonaance of the Contract, he shell. upon request of the Engineer, furnIsh "to the EngIneer proper evIdence thet such addItional rights have been properly secured and assurance that no damage to or clal. upon the TOW!' will arise therefrall. The TOMl shall not &e liable In any ...y for any expense Incurred by the ContractOf' In securing any such right to use addItional property. The Contractor shall be responslb....for and relllburse'the Town and others for any and all losses, d_ge or expense which the Town or those others may suffer, either directly or Indirectly or through any clal., of any per- son or party, for any trespass outsld. the speces and rights-of-way pro- vided by the Town to the Contractor or any vIolatIon or dIsregard of the t.rMS and conditIons establIshed for the us. or occupancy of those rights or for negligence In the exercls. of those rIghts. liC- 142 I I I I I I I I I I I I I I I I I I I The Town may ret~In or deduct from ~ny sum or SUMS due or to bec~ due to the Contr~ctor such ~nt or amounts ~s m~y be proper to ensure the Town ~galnst loss or expense by re~son of the f~llure of the Contr~ctor to ob- serve the lIMits and conditions of the rlghts-of-~y, rights-of-~ccess, etc. provided by the Town. 1.49 Weather ConditionsIWork in Freezing Weather: In the event of temporary suspension of work, or dur- Ing inclement weather, or whenever the Engineer shall direct, the Contrac- tor will, ~nd will cause his subcontractors to, protect c~refully his and their work and materials against damage or injury from the we~ther. If, In the opinion of the Engineer, ~ny work or materials sh~II ~ve been dam- aged or injured by re~Son of failure on the part of the Contr~ctor or any of his subcontractors to so protect his and their work, such materials shall be removed and repl~ced at the expense of the Contr~ctor. Unless written permission is given, work li~ble to be affected by frost or freezing shall be suspended during freezing weather. When work proceeds under such a condition, the Contractor shall provide ~pproved facilIties for heating the materials and for protecting the fInIshed work. 1.50 Intoxicating Liquors: The Contr~ctor shall neither permit nor suffer the introduction or use of intoxicating lIquors upon or about the work specified in this Contract or upon any of the grounds occu- pied by him or by his employees. 1.51 Indemnity Clause: The Contractor and his subcontractprs s~II, during the performance of this work, take necessary precautIons and place proper guards for the prevention of accIdents; shill keep up all night suit~ble and sufficient lIghts and barrIcades; shill fully c~ly with the Occupational Safety and He~lth Act of InO and al1 other l~I, StUe and Federal Regulations, Including any and al1 .lI!--nts. revisions and addItions thereto; and shill IncI~lfy"" saw hlraless tile T_ and the Engineers and theIr eooployees. officers'" ageAts 'r~ any and al1 clalllS, suits. actions, fines. fees, ~es. and costs to .tllch thly ..., be put by reuon of death or Injury to all ,.nons and/or for al1 property ~ of ~ther resultIng fr~ DOn-CGI(III~.. , 1.52 Non-Federal labor-St~nd~rds ProvIsIons: a. Gener~I Provisions: The following Non-Federal labor-Standards Provl- .s ion', , Including the following provisions concernIng INXI_ hours of work, na,ini_ r~tes of pay, and overtl. ~nsatlon with respect to the c~tegories ~nd cl~ssiflcatlons of .-ployees hereInafter ..ntloned are Included In this Contr~ct pursuant to the requIreMents of applic- able State or local I~, but the InclusIon 0' such prowlslons s~11 not be construed to relieve the Contractor or any subcontractor fr~ the pertinent requIrements of any applIcable Federal labor-Standards Provisions. The limit~tlons, If any, In these ~-Federal labor- St~ndards Provisions upon the hours per day per ..ek or per .onth which ernp loyeu eng~ged on the work cowered' by this Contract MY be required or pe/'lllltted to work thereon shel1 not be exceedad. b. Other Stipulations: The execution of the Contract by the Bidder binds liC- 143 I I I I I I I I I I I I I I I I I I I him to all appll~able State labor laws and ~gulatlons. All su,h regu. lations and laws shall be binding to the same extent as If they were ~opied at length herein. ,. S,hedule of Salaries and Wages: EXHIBIT 1.53 Haintenan,e: a. Ex~ept as may have been provided otherwise for a partl,ular job, the Contra,tor shall keep and maintain the whole of the work ,onstru'ted by him in good order and repair for a period of not less t~n one year fram the date of ,ompletion of the ,onstru,tlon of the entire work. Parts of the work may ~ve been virtually ,ompleted prIor to the ,~ pletion of the whole work, and have been maintained by the Contra,tor pending ~ompletlon of the whole, but su,h malntenan,e of any part first built shall not diminish the duty of the Contra,tor to ..Intaln the whole for one year following ~ompletion of the whole. In the event that the surfa,es or premises whi,h were disturbed by the Contra,tor or the ,onstru,tlon Is not in good order at the end of that period of one year, he shall ,ontlnue to maintain theM or It until su,h tl.e as they all have been put Into and are in good order. The Contra'tor shall repair promptly all failures In the ,onstru'tlon and operation of the work whi,h may ~~ur or be,ome evident before the expiration of said maintenance period, and all defe,ts of sewers, drains, pipes, ~onduits, ~urbs, walks, street or road surfa,es, land surfa,es, turf- ing, embankments-covering the sewer, or of any stru,tures on the line of the work or adja~ent thereto, ~,urrlng before, the expiration of su,h maintenan,e period and ,au sed or affe'ted by any work or opera- tion in,idental to the Contra,t. The Contra, tor s~l1 save the Town of Southo1d and the State of !Jew York hal'1llless fr~ all ,ost and expense arlsl", dlre'tly or IndIrectly fr~ any failure or dafed 01 fr. tM f.llure of the Con- tra,tor to rectify the s_. or any act or .Is.ton fill .... Contractor IncldenUl thereto durIng the ..Intenance perIod lIesUlW III the pre- ,edlng se'tlon. He shall provIde adequate Insuranc:e te secure suc:h risks. and satlsfa,tory c:ertlftc:etes tIlIit sue" Insurance hils been pro- vIded. - -__c.,i;;''''' ..;:, .. ... ---..... ...' b. Immediately following ralnstoms, winter thaws. and sl.llar oc,urren,es whi~h may give rise to settlement of fills, earth ~ements. et'., and ~t other times as needed during the tl.. the Contra,tor Is lIable for the malntenan,e and repair of the work. the Cont~actor shall Inspe~t the premises and work and as,ertaln what. If any. repaIrs are needed, and what fills have settled or sl.llar IncIdents oc,urred whl,h need attention. While the EngIneer or CIty, TCMI or Stat.hlg'-Y agents NY, fro. tl_ to tl.... notIfy_ the Contra,tor that su,h IncIdents haft oc~urred or that ,ondl tlons exist needl", theIr attentIon. su,h IlOtlc:e by the Engineer and others wIll have been gIven tn the Interest of-the City, Town, State or other party,_ and no obligatIon shall rest upon the Engineer, City, Town, or State agent under thIs Contra,t to give suc:h notl,e. Failure on the part of the E",lneer or other public offl,., or other party to notify the Contractor of any IncIdent or cIrCUMstance needing repair, refilling, or sl.llar servIce under the ..Intenance pro- CiC-144 I I I I I I I I I I I I I I I I I I I c. visions of the Contr~ct sh~II In no way relieve the Contr~ctor of any part of his duties under the maintenance provisions of the Contract and Specifications. The Engineer may, from time to time during the construction and/or prior to the end of the maintenance period, notify the Contractor that repairs are needed. defects exist which should be corrected, fills have settled, and that roadways. walks, etc. are unsafe or inadequately pro. tected by barricades, lights or other means. Upon receipt of such no. tlce from the Engineer, the Contractor shall immediately proceed to make the repairs, correct the defect, refill the settlements, or make safe the road, walk or whatever needs attention, If such work Is within the obligations of the Contractor under this Contract. d. If, after the Engineer has given notice to the Contractor to make any repairs, correct any defects, fill any settlement, render a road or walk safe, etc., the Contractor shall fail to do so within a reason- able time thereafter, the Town may cause such repairs to be made, de- fects corrected, fills made, roads and walks made safe, etc., by such persons or ~ans as it may elect, and the Contractor shall reimburse the Town for any expense incurred by It In performing such ~k or services. The Town may deduct from any Sift or sums due or to becane due to the Contractor such sum or sums as may be proper to reimburse the Town for such expense or expenses, or may collect the costs of such work by other means. e. If, In the opinion of the Engineer, at any tl.. ~ile the Contractor is responsible for the work or ..intenance thereol, an _rgency exists because there are not adequate barricades, lights, signs, etc. to warn- and protect the publ ic and/or persons or property In the vicinity of the work, or that the work under constrllCtlon, or other adjacent streets, grounds or structures are In ecute danger of d.-.ge or Injury by ruson of Inadequate shoring, sheetl.... "'Klng, tlralyge, protec- tion or other proper precautions ......Ich It Is tile lluty Off tile ContractlX' to provfde or to have provided; or thet . street, roM, ..lk or other pr.lses are unsafe by reason of any ..ttl~t Off any fl1l1111 placed .., the Contractor, IX' any defect f. _..,.k or Rtf-=- _r lIackfl11e4 trenchu, or Is unrenonably oIlstruct;aro- at. lngfMer ..., dIrect the Contractor or the Contractor's representatIve to r~ the difficulty i~dlately; to furnish and erect the needed barrIcades, lights or signs; to furnish and set adequate sheetIng, shorIng and bracing; to provIde adequate pumps and drainage facllltl.s; to fill settlenents; to smooth roads, streets, ...lks or grounGs; or to perfora sl.l1ar ur- gently needed services. If the Contractor or his representative Is not pr.sent or Is not I~ mediately available or abl. to receive sllCh orders or to perfo,. ...r- gency services needed, or falls to act followIng such notIce, the En- gl neer, ac t i ng fIX' the Town, NY, by S1Ich persons. and. ...ans es he de....s proper and as are available, take such ..asures as ..y r.asonably be needed to protect the public, the work, ancI adjacent persons and prop. erty fr~ acute danger of Immediate loss, Injury or d.-.ge. The Con- tractor sha 11 r. iI.burse the Town for the upense of any and all such ...rgency protect Iv. measures, and the Town MaY deduct fro. any su. or GC- 145 I I I I I I I I I I I I I I I I I I I ,um, a, may be ,ufflclent to relmbur,e the Town for It' expen,. for ,uch emergency work. f. Giving notice, or failure to give notice, or acting as authorized In the preceding ,ectlon, or failure to so act on the part of the Engi- neer, or any que'tion as to the adequacy of the notice by the Engi- neer, or of hi, act' or those of the Town a, provided in tho,e ,ec- tion" shall not in any way relieve the Contractor from any part of his responsibility or liability for performing any and all of the act' and assuming any and all of the risks, dutle, and llabllltie, which the Contractor Is obligated to perform or a'sume. , , . Gt- 146 I I I I I I I I I I I I I I I I I I I NE" YORK REQUIRED CONTRACT PROVISION 1.54 CONSTRUCTION SAFETY AND HEALTH STANDARDS It is a condition of this contract, and shall be made a condition of each subcontract entered into pursuant to this contract, that the contractor and any subcontractor shall not require any laborer or mechanic employed in per- formance of the contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under con- struction safety and health standards (Title 29, Code of Federal Regulations, Part 1518 - published in the Federal Register on April 17, 1971) promulgated by the United States Secretary of Labor in accordance with Section 107 of the Contract Work Hours and Safety Standards Act, (83 Stat. 96). 1.55 "OR EQUAL" CLAUSE: Whenever a saterial or article required i. specified or shown on the Drawings by ualna the IUIIIM! of the proprie- tary product, or of a particular lIlUlufacturer or vendor, any I material or article which will perfora adequately tha duties imposed by the general design ..y &e conaidered equal and satisfactory, providina the ..terlal or article so proposed is of equal substaDce and function, In tha Owner's opinion. It shall not be purchased or tn.ta11ed without the Owner'. written approval, and in aU ease. new ..terla1 shall be used !:n the project. If two or more brands. sakes of ..teria1, devices. or equipment are shown or specified, each should be regarded as the equal of the other. ADy other braDd, sake of mater- ial, device or equipment which tn the opinion of the Owner or his authorized agent is the recognized equal of that specified. considering quality, workmanship and econo.)" of operation. aDd is suitab1~ for the purpose intended. ..y be accepted. Reference is ..de herein to the ..jor equip- ment the Contractor proposes to in.ta11 in the work. GC- 147 I I I I I I I I I I I I I I I I I I I 1.56 CHANGES IN WORK No changes in the work covered by the approved Contract Documents shall be made without having prior or written approval of the Owner. Charges or credits for the work covered by the approved change shall be determined by the following: The actual cost of: (1) Labor, including foreman; (2) Materials entering permanently into the work; (3) The ownership or rental cost of construction plant and equipment during the time of use on the extra work; (4) Power and consumable supplies for the operation of power equipment. The cost shall not exceed the following: (1) Contractor's overhead percentage (10%) (2) Contractor's profit percentage (10%) (3) If the work is done by a subcontractor, -Subcontractor's overhead percentage (5%) -Subcontractor's profit percentage (10%) -Contractor's combined overhead and profit percentage (10%) . For changes orders over $100,000, the percentages for overhead and profit subject to negotiation. Overhead and profit cannot be applied to payroll taxes such as unemployment insurance, FICA, workmen's compensa- tion, personal liability and property damage. The specifications should provide for change orders to be issued for overruns which change a single quantity by 15% or $25,000 or greater, or which cumulatively change the contract cost by both 15% and $25,000 or greater. Change orders not required for simple item transfers. Change orders are to be provi~ed for overruns and under- runs which change the quantltles by 15% or $25,000 or greater; or which cumulatively changes the contract by both 15% and $25,000 or greater. Changes or credits for the work covered by. the approved change shall be determined by methods outllned in attach- ments I, II and III herein. GC-148 I I I I I I I I I I I I I I I I I I I and all .uch lawful cIai.. until .ati.factory evi- dence i. furni~ed that all liabilitie. have been fullI di.charged whereupon payment to the Contractor Ihal be relumed, in accordance with the terSl of thi. contract, but in no event .hall the provi.ion. of thil lentence be coni trued to impole any obliga- tionl upon the Owner. Any payment 10 made by the Owner shall be considered al a payment made under the Contract by the Owner to the Contractor and the Owner shall not be liable for any such payment made in good faith. 1.58 NYSDEC ACCESS TO SITE The authorized representatives and agents of the Owner and State of New York Dept. of Environmental Conservation shall be permitted to inspect all work, macer1all, payrOlll, record. of personnel, invoices of materials, and other relevant data and records. Representatives of the Owner and of the State shall have access to the work whenever it i. in preparation or progress and the Contractor shall provide facilities for such access and inspection. GC- 150 I SUPPLEMENTARY GENERAL CONDITIONS I Page I I. S.G.C. For Work Eligible For EPA Assistance SGC-l II. S.G.C. For New York State Provisions SGC-ll I I I 1. State Wage Rates IV. Federal Wage Rates I I Certain Federal Government requirements and standards as set forth in these documents and any modifications thereto in the Supplementary General Conditions, shall be applicable to the work of this Contract, when all or part of the work is eligible for Federal Participation in the payment of its costs. I The above statement does not relieve the Contractor from obeying in full any and all Federal regulations which by law are applicable to the work of this contract irrespective of its eligibility for Federal financing and some of which may be included or referred to in the above described requirements. I I The Contractor shall also obey in full all State and local regulations which by law are applicable to the work of this contract, including any which pertain to Minimum Wage Rates, Labor Requirements, Anti Kickback Requirements and Non-Discrimination in Employment. All such laws, applicable to the work of this Contract, shall be deemed inserted herein and any ommission and/or waiving of any contract requirements, does not relieve the Contractor from obeying all requirements of the Contract or applicable laws or regulations. I I I I I I I I SGC-O I I I I I I I I I I I I I I I I I I I I I I. Supplementary General Conditions For Work Eligible For EPA Assistance 40 CFR 33 Subpart F - MODEL CLAUSES (FOR CONSTRUCTION CONTRACTS) 1. Supersession The recipient and the contractor agree that this and other appropriate clauses in 40 CFR 33.1030 apply to that work eligible for EP A assistance to be performed under this agreement and that these clauses supersede any conflicting provisions of this agreement. 2. Privity of Al1:I"eement This agreement is expected to be funded in part with funds from the U.S. Environmental Protection Agency. Neither the United States nor any of its departments, agencies, or employees, is or will be, a party to this agreement or any lower tier agreement. This agreement is subject to regulations contained In 40 CFR Part 33 in effect on the date of the assistance award for this project. 3. Chanltes (a) The recipient may, at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the agreement, including but not limited to changes: (1) In the specifications (including drawings and designs); (2) In the time, method or manner of performance of the work; (3) In the recipient-furnished facilities, equipment, materials, services or site; or (4) Directing acceleration in the performance of the work. (b) A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the recipient, which causes any change, provided the contractor gives the recipient written notice stating the date, circumstances, and source of the order and that the contractor regards the order as a change order. (c) Except as provided in this clause, no order, statement or conduct of the recipient shall be treated as a change under this clause or entitle the contractor to an equitable adjustment. (d) If any change under this clause causes an increase or decrease in the contractor's cost or the time required to perform any part of the work under this contract, whether or not changed by any order, the recipient shall make an equitable adjustment and modify the agreement in writing. Except for claims based on defective specifications, no claim for any change under paragraph (b) above shall be allowed for any costs incurred more than 20 days before the contractor gives written notice as required in paragraph (b). In the case of defective specifications for which the recipient is responsible, the equitable adjustment shall include any increased cost the contractor reasonably incurred in attempting to comply with those defective specifications. SCG -1- I I I (e) If the cantractar intends ta assert a claim far an equitable adjustment under this clause, he must, within 3D days after receipt .of a written change .order under paragraph (a) .of this change clause .or the furnishing .of a written natice under paragraph (b) .of this clause, submit ta the recipient a written statement setting farth the general nature and manetary extent .of such claim. The recipient may extend the 3D-day periad. The cantractar may include the statement .of claim in the natice under paragraph (b) .of this change clause. (f) Na claim by the Cantractar far an equitable adjustment shall be allawed if made after final payment under this agreement. 4. Differing Site Canditians (a) The cantractar shall pramptly, and befare such canditians are disturbed, natify the recipient in writing .of: I I I I I (1) Subsurface .or latent physical canditians at the site differing materially fram thase indicated in this agreement, .or I I (2) Unknawn physical canditians at the site, .of an unusual nature, differing materially fram thase .ordinarily encauntered and generally recagnized as inhering in wark .of the character pravided far in this agreement. (b) The recipient shall pramptly investigate the canditians. If it finds that canditians materially dit'fer and will cause an increase .or decrease in the cantractar's cast .or the time required ta perfarm any part .of the wark under this agreement, whether .or nat changed as a result .of such canditians, the recipient shall make an equitable adjustment and madify the agree m en t in wri ting. I I I (c) Na claim .of the cantractar under this clause shall be allawed unless the cantractar has given the natice required in paragraph (a) .of this clause. Hawever, the recipient may extend the time prescribed in paragraph (a). (d) Na claim by the cantractar far an equitable adjustment shall be allawed if asserted after final payment under this agreement. 5. Suspensian .of Wark (a) The recipient may .order the cantractar in writing ta suspend, delay or interrupt all or any part of the work far such period .of time as the recipient may determine to be apprapriate far the convenience of the recipient. I I (b) If the perfarmance of all or any part of the work is suspended, delayed .or interrupted far an unreasonable period of time by an act .of the recipient in administration .of this agreement, or by the recipient's failure ta act within the time specified in this agreement (or if na time is specified, within a reasanable time), the recipient shall make an adjustment for any increase in the cast .of performance of this agreement (excluding prafit) necessarily caused by such unreasanable suspension, delay, .or interruptian and madify the contract in writing. Hawever, na adjustment shall be made under this clause far any suspensian, delay, or interruption to the extent (1) that performance wauld have been sa suspended, delayed, or interrupted by any other cause, including the fault .or negligence of the contractar, or (2) for which an equitable adjustment is provided far or excluded under any other pravisian of this agreement. I I I I SGC- 2 I I I I I (c) No claim under this clause shall be allowed (1) for any costs incurred more than 20 days before the contractor notified the recipient in writing of the act or failure to act involved (this requirement does not apply to a claim resulting from a suspension order), and (2) unless the amount claimed is asserted in writing as soon as practicable after the termination of such suspension, delay, or interruption, but not later than the date of final payment under the agreement. 6. Termination I I I (a) This agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. (b) This agreement may be terminated in whole or in part in writing by the recipient for its convenience, provided that the contractor is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate and (2) an opportunity for consultation with the terminating party prior to termination. I I I I I (c) If termination for default is effected by the recipient, an equitable adjustment in the price provided for in this agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the recipient because of the contractor's default. If termination for default is effected by the contractor, or if termination for convenience is effected by the recipient, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to the contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments which had become firm prior to the termination. (d) Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the recipient all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the contractor in performing this agreement, whether completed or in process. I I I I I I (e) Upon termination under paragraphs (a) or (b) above, the recipient may take over the work and may award another party an agreement to complete the work under this agreement. (f). If, after termination for failure of the contractor to f~!fill contractual obligations, it is determined that the contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the recipient. In such event, adjustment of the agreement price shall be made as provided in paragraph (c) of this clause. SGC-3- I I I I I 7. Remedies Unless otherwise provided in this agreement, all claims, counter-claims, disputes, and other matters in question between the recipient and the contractor arising out of, or relating to, this agreement or the breach of it will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the recipient is located. I I I I I I I I 8. Price Reduction for Defective Cost or Pricinl1.' Data N ote.-The following clause applies to (1) any agreement negotiated between the recipient and its contractor in excess of $100,000; (2) negotiated agreement amendments or change orders in excess of $100,000 affecting the price of a formally advertised, competitively awarded, fixed price agreement; or (3) any lower tier agreement or purchase order in excess of $100,000 under an agreement other than a formally advertised, competitively awarded, fixed price agreement. This clause does not apply to agreements awarded on the basis of effective price competition. (a) The contractor and subcontractor, where appropriate, assure that the cost and pricing data submitted for evaluation with respect to negotiation of prices for negotiated agreements, lower tier agreements, and change orders is based on current, accurate, and complete data supported by their books and records. If the recipient or EP A determines that any price (including profit) negotiated in connection with this agreement, lower tier agreement, or amendment thereunder was increased by any signific.ant sums because the data provided was incomplete, inaccurate, or not current at the time of submission, then such price or cost or profit shall be reduced accordingly and the recipient shall modify the agreement in writing to reflect such action. (b) Failure to agree on a reduction shall be subject to the remedies clause of this agree m en t. NOTE: - Since the agreement is subject to reduction under this clause by reason of defective cost or pricing data submitted in connection with lower tier agreements, the contractor may wish to include a clause in each lower tier agreement requiring the lower tier subcontractor to appropriately indemnify the contractor. It is also expected that any lower tier subcontractor subject to such indemnification will generally require substantially similar indemnification for defective cost or pricing data submitted by lower tier contractors. I I I I I I 9. Audit; Access to Records (a) The. contractor shall maintain books, records, documents, and other evidence directly pertinent to performance on EP A funded work under this agreement in accordance with generally accepted accounting principles and practices consistently applied, and 40 CFR Part 30 in effect on the date of execution of this agreement. The contractor shall also maintain the financial information and data used in the preparation or SUPP9rt of the cost SUbmission required under 40 CFR 33.%90 for any negotiated agreement or change order and a copy of the cost summary submitted to the recipient. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, the recipient, and the State of New York or any of their authorized representatives shall have access to all such books, records, documents, and other evidence for the purpose of inspection, audit and copying during normal business hours. The contractor will provide proper facilities for such access and inspection. SGC-4- I I I I I I I I I I (~) If this is a formally advertised, competitively awarded, fixed price agreement, the contractor agrees to make paragraphs (a) through (g) of this clause applicable to all negotiated change orders and agreement amendments affecting the agreement price. In the case of all other types of prime agreements, the contractor agrees to make paragraphs (a) through (g) applicable to all agreements he awards in excess of $10,000, at any tier, and to make paragraphs (a) through (g) of this clause applicable to all change orders directly related to project performance. (c) Audits conducted under this provIsion shall be in accordance with generally accepted auditing standards and with established procedures and guidelines of the reviewing or audit agency(ies). (d) The contractor agrees to disclose all information and reports resulting from access to records under paragraphs (a) and (b) of this clause to any of the agencies referred to in paragraph (a). (e) Records under paragraphs (a) and (b) above shall be maintained by the contractor during performance on EP A assisted work under this agreement and for the time periods specified in 40 CFR Part 30. In addition, those records which relate to any controversy arising under an EP A assistance agreement, litigation, the settlement of claims arising out of such performance or to costs or items to which an audit exception has been taken shall be maintained by the contractor for the time periods specified in 40 CFR Part 30. (f) Access to records is not limited to the required retention periods. The authorized representatives designated in paragraph (a) of this clause shall have access to records at any reasonable time for as long as the records are maintained. I I I I I (g) This right of access clause applies to financial records pertaining to all agreements (except formally advertised, competitively awarded, fixed price agreements) and all agreement change orders regardless of the type of agreement, and all agreement amendments regardless of the type of agreement. In addition this right of access applies to all records pertaining to all agreements, agreement change orders and agreement amendments: (1) To the extent the records pertain directly to agreement performance; (2) If there is any indication that fraud, gross abuse or corrupt practices may be involved; or (3) If the agreement is terminated for default or for convenience. 10. Covenant Al;:ainst Continltent Fees I I I I The contractor assures that no person or selling agency has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee excepting bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business. For breach or violation of this assurance the recipient shall have the right to annul this agreement without liability or, at its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. SGG.s- I I I I I 11. Gratuities (a) If the recipient finds after a notice and hearing that the contractor or any of the contractor's agents or representatives offered or gave gratuities (in the form of enter- tainment, gifts, or otherwise), to any official. employee or agent of the recipient, the State, or EP A in an attempt to secure an agreement or favorable treatment in awarding, amending, or making any determinations related to the performance of this agreement, the recipient may, by written notice to the contractor, terminate this agreement. The recipient may also pursue other rights and remedies that the law or this agreement provides. However, the existence of the facts on which the recipient bases such findings shall be in issue and may be reviewed in proceedings under the Remedies clause of this agreement. I I I I I I I I I I I I I I (b) In the event this agreement is terminated as provided in paragraph (a), the recipient may pursue the same remedies against the contractor as it could pursue in the event of a breach of the agreement by the contractor, and as a penalty, in addition to any other damages to which it may be entitled by law, be entitled to exemplary damages in an amount (as determined by the recipient) which shall be not less than three nor more than ten times the costs the contractor incurs in providing any such gratuities to any such officer or employee. 12. Buy American In accordance with section 215 of the Clean Water Act (33 USC 1251 et. seq.) and implementing EPA regulations, the contractor agrees that preference will be given to domestic construction material by the contractor, subcontractors, materialmen and suppliers in the performance of this agreement. 13. Responsibilitv of the Contractor (1) The contractor agrees to perform all work under this agreement in ac- cordance with this agreement's designs, dr.awings, and specifications. (2) The contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The owner shall promptly give notice to the contractor of observed defects. In the event that the contractor fails to make adjustments, repairs, corrections or other work made necessary by such defects, the owner may do so and charge the contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. (3) The contractor's obligations under this clause are in addition to the con- tractor's other express or implied assurances under this agreement or State law and in no way diminish any other rights that the, owner may have against the contractor for faulty materials, equipment or work. , SGC -6- I I I I I I I I I I I I I I I I I I I 14. Final Payment Upon satisfactory completion of the work performed under this agreement, as a condition before final payment under this agreement or as a termination settlement under this agreement the contractor shall execute and deliver to the owner a release of all claims against the owner arising under, or by virtue of, this agreement, except claims which are specit'ically exempted by the contractor to be set forth therein. Unless otherwise provided in this agreement, by State law or otherwise expressly agreed to by the parties to this agreement, final payment under this agreement or settlement upon termination of this agreement shall not constitute a waiver of the owner's claims against the contractor or his sureties under this agreement or applicable performance and payment bonds. 15. Violatinlt Facilities For agreements in excess of $100,000, the Contractor shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and EP A regulations (40 CFR Part 15) which prohibit the use under nonexempt Federal contracts, grants, or loans of facilities included on the EP A List of Violating Facilities. 16. Enel'ltY Efficiency The Contractor shall comply with mandatory standards and' policies on energy efficiency contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163). 17. Subagreements A warded by a Contractor The Contractor must comply with the following provisions in its award of subagreements. (a) 40 CFR Part 32 (Debarment and Suspension Under EPA Assistance Programs); (b) The limitations on subagreement award in ~ 33.220 (a)(1) through (a)(5); (c) The profit requirements in ~ 33.235; (d) The requirements for small, minority, women's and labor surplus area businesses in 8 33.240; (e) The specification requirements of ~ 33.255; (f) The requirements of Subpart C of 40 CF R Part 33, if appropriate; (g) The Federal cost principles in S 33.275; (h) The prohibited types of suBagreements in g 33.285; (i) The cost and price considerations in ~ 33.290, and (j) The applicable subagreement provisions in'Subpart F of 40 CFR Part 33. SGC -7- I I I I I subpart G - Protests !l 33.1105 Applicability and scope of this subpart. This subpart sets forth EP A's administrative process for the rapid resolution of protest appeals filed with the a ward official. II 33.1110 Recipient protest procedures. I I I I I I I I I I I I I I (a) Recipients must establish their own procedures for prompt consideration of initial protests concerning their solicitations or contract awards. A "protest" is a written complaint concerning the recipient's solicitation or award of an agreement. It must be filed with the recipient by a party with a direct financial interest adversely affected by a recipient's procurement action (see !l 33.1130 "Review of protest appeal"). (b) The recipient should review each protest received to determine whether it is appropriate to defer the protested procurement action. (c) If the recipient does not defer the procurement action, it assumes the risk that the award official may disallow the cost of the protested procurement action if the protest appeal is upheld. !l 33.1115 Protest appeal. (a) A party with a financial interest which is adversely affected by the recipient's decision on the initial protest may file a "protest appeal" with the award official. (b) A "protest appeal" is a written complaint filed with the award official regarding the recipient's determination of a protest. II 33.1120 Limitations on protest appeals. (a) The award official shall not accept a protest appeal until the protester has exhausted all administrative remedies at the recipient leveL (b) A protest appeal is limited to the following: (1) Issues arising under the procurement provisions of this Part, or (2) Alleged violations of State or local law or ordinances where the award official determines that there is an overriding Federal requirement. (c) A recipient of a lower tier agreement (subcontract) may only file a protest appeal for issues which relate to the award of an agreement by a contractor (see !l 33.295 (''Subagreements awarded by a contractor"). !l 33.1125 Filing requirements. (a) Protest appeals must be filed with the Assistant General Counsel for Grants for Headquarters awarded assistance agreements and with the Office of Regional Counsel for regionally awarded assistance agreements. SGC -8- I I I I I I I I I I I I I I I I I I I (b) A protest appeal must: (1) Be written; (2) Include a copy of the 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 Counselor Assistant General Counsel for Grants, as appropriate, the party filing the protest appeal must" concurrently transmit a copy of all protest documents and any attachments to all other parties with a direct financial interest which may 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 shall be the last day to submit a protest appeal. (e) Any party which submits a document to the award official during the course of a protest appeal must simultaneously furnish all other affected parties with a copy of the document. S 33.1130 Review of protest appeaL (a) If the recipient does not receive the initial protest before bid opening or the closing date for receipt of proposals, the award official may dismiss as untimely any 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. (b) In cases not involving improprieties in the solicitation, the award official may dismiss as untimely a 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. S 33.1140 Deferral of procurement action. When the award official receives a protest appeal and the recipient has not deferred the procurement action under S 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 agreement or subitem which is the basis of the protest appeal. SGC -9- I I I I I I I I I I I I I ~ 33.1145 Award official's review. (a) The award official may establish rules of procedures or deadlines for the submission of materials or the arrangement of protest appeal conferences. (b) The award official may summarily dismiss an appeal without proceedings under this subpart if: (1) The protest appeal is not reviewable, see ~ 33.1130, or addresses issues other than those allowed under S 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's request for a reasonable extension of the bid and bond period. (c) The award official may summarily deny a protest appeal without proceedings under this 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 recipient and the protester, as well as any other party with a financial interest which may be adversely affected by the determination of protest, an opportunity to present arguments in support of their views in writing or at a conference. (e) After the announced date for receipt of written arguments, the record shall be closed. (f) The award official shall review the record considered by the recipient and any other documents or arguments presented by the parties to determine whether the recipient has complied with the procurement requirements of this part and has a rational basis for its determination of protest. (g) The award official's determination shall constitute final EP A action from which there shall be no further administrative appeal. No party may appeal an award official's determination of appeal to the EP A Board of Assistance Appeals. (h) Nothing in this subpart precludes the award official from reviewing the recipient's procurement action (See ~ 33.115.) I I I I I I 0) Noncompliance with the award official's determination of protest shall be cause for an action against the recipient under 40 CFR Part 30 or 32. (j) If an appeal involves legal issues not explicitly addressed by this part, the award official shall resolve the issue by referring to other protest determinations under this section and decisions of the. Comptroller General of the United States or of the Federal courts addressing Federal requirements comparable to procurement requirements of this part. SGC-IO- I I I I I I I I I I I I I I I I I I I II. Supplementary General Conditions For Sew York State Provisions NEW YORK STATE CONTRACT PROVlSlONS The parties to the attached contract further agree to be bound by the following, which are hereby made a part of said contract: 1. The contractor agrees to attend a prework conference, arranged by the municipality, which includes a representative of the New York State Department of Environmental Conservation (NYSDEC), the MuniCipality, any required federal agency and the consulting engineer. 2. The Contractor will prepare a work progress schedule prior to the start of the contract to indicate the proposed construction schedule. The schedule will be updated monthly thereafter to show actual construction progress. 3. The contractor and its subcontractor(s) must secure and deliver to the Municipality, free of charge, a policy of insurance issued by an insurance company authorized to do business in New York State, naming the Municipality as insured. Such policy shall provide coverage for ''builder's risk completed value" with "builder's risk special extended coverage" endorsement, public liability and any other insurance coverage required by Federal and State law, rules and regulations, with limits of liability as required by the Commissioner of NYSDEC. 4. The contractor must provide specific performance and payment bonds in amounts not less than the contract price; these bonds shall remain in effect for one year beyond the date of final inspection and acceptance by the Municipality of any work under such contract. 5. The construction contractor and its subcontractor(s) shall use U.S. Department of Labor standard payroll Form No. WH347 or such form as may be required or approved by the Commissioner of NYSDEC. 6. Inasmuch as the municipality is required to have the sewage treatment plant operator on site during the final fifty percent (5096) of construction, the contractor agrees to allow the operator access to work areas at all times and to cooperate with him in the execution of his duties. 7. Attached hereto is a copy of Appendix A to the contract between the State of New York and (grantee). To the extent that clauses therein which bind __ (grantee) are related to the manner in which the work is prosecuted by the contractor(s), or the business relationships, business practices, or hiring practices of contractors or subcontractors working on this project, all of the terms and conditions of said Appendix A are equally binding upon the contractor. Any provisions therein which appear to apply only to a contract between the State and its contractor(s) shall be deemed revised to make them binding upon the Contractor, and any references to statutory provisions which apply only to State contracts shall be deemed to be revised to reference such other and different statutory provisions as may be applicable to municipal contracts for construction of public improvements; provided, that this paragraph shall not apply to any agreement with any" supplier which is located in and subject to the "laws of a State other than New York with respect to its relationships, business practices and hiring practices. SGC -11- I I I I I I I I I I I I I - APPENDIX A The parties to the attached conlraCl further agree to be bound by the followIng. which ate hereby made a part of said comnct: L This contract may nOl be assiSned by the ClIIl- 0'_ or ilS right. lide or interest theNin assipled, rransfened, conveyed, sublet or diS!lOSed oi without the prl!'lious coment. in writing. of the 5_. II. This contract shall be deemed executory only to the exlent of money avai lable to the Slate for the perfonnance of the termS hereof and no liability on account thereof shall be incurred by the Slate of New York beyond moneys available for the purpose Ihereoi. III. The contractor specifically asrees, as .... quired by Lmor UW, Sections 220 and 22o-d, as amended, 1Nt: (a1 no laborer, workman or mechanic, in the em- ploy of the conlraClOr, subcontractor or odler per. son dotns or contracting to do the whole or any part of the work conlemplaled by the contract shall be pennilled or required to work mcln!! than eight hours in anyone calendar day or mon!! than five days in anyone week, eXCepl in Ihe err_"'lCies set forth in the Ubor uw. (bl 1M waees paid for a legal day'S work shall be nOl less than the prevailing .- of wages as d.. fined by law. (e) the minimum hourly rate oi wage to be paid shall nO! be less than lhat SI.1ted in the specifi~ tions, and any redell!mlination of the prl!'laili", rale of wages afler the conlraCl is approved shall be deemed to be incor;lOl'ated heNin by refP.r. erlCe as of the effective ~ of redell!mlination and .hall fonm a pan ef these conll'act docu. rnems. 1) The ubor UW provides thar the contract may be forfeited and no .um paid for any work done thereunder on a second conviction for willfully payi", less tha.- (a) the stipulaled wage scale as provided in Labor uw, Section 220, subdivision J, as amended, or (bl less than the stipulated minimum !lourfy wage scale as provided in ubor uw, Sec- tion 22o-d, as a......ded. IV. The conlrac~or specificallv agrees, as re- quired by the proVIsions nf the labor Law, Seca'Jn ;:2~ a. amended, lhal- I I I I I I SGC -12- (al In hiring of employees for the performance of work under this contract or any subcontract here- under, or for the manufaaun!!, sale or distribution of materials, equipment or supplies hereunder, no contrac!or, subcontractor nor any person acting on behalf of such contractor IIr subcontraCtor, shall by' reason of race. creed, color, _ or _ lioMI origin discriminate apinst any citizen. of Ihe Stale of New York who is qualified and avail~Ie to perform the work to which the em- ployment reI-.. (bl no contractor, subcontractor, nor any person on his behalf shall, in any manner: discriminall! against or intimidate any employee hired for 1M perlonmance of work under this comnct on ac. count oi race. creed; color, _ or national origin. (c) then!! may be deducted from the amount pay- able to the contrac:tor by Ihe Slate under this ConlraCl a penalty of five dollars for each penon for each caler.dar day during which such person was discriminated against or intimidated in viola- lion of the provisions of the comracr. and (dl this conlraCl may be carlCeled or :ermiMted by the Slate or municipality and all moneys due or lID become due hereunder may be tomrited for a second or any subsequent vio/aIion oi the terms or conditions of this section oi the contract. and (el the aforesaid provisions of this section cov- ering every conlraCl for or on behalf of the _ or a municipality for the manufaclUre. sale or distribution oi materials. equipment or suPlllies shall be limited to operaIions ~ within the terriloriai /imilS of the State oi New York. V. Curi", the performance of this contracl, the corcractor a8"'e5 as follows: (a1 The contractor will nO! discriminate against any employee or appiicant for employment be- cause oi race. creed. co/or, _. national angin. a... disabiflty or marital swus. (bl If directed lID do so by the Commissioner oi Human Rights. lI:e COmraClDr will send to each labor union or <e!l!'lSentative of woneers witil which the contractor has o. is boYnd by a QUae- live bargaining or ocher agreement or understa.'ld- ing. a nolice, 10 be provioed by the Slate Commissioner of Human RigillS, ~vising such labor unIon or <e!lresenlaliVt! of the COrtraclor's agn!l;menl under Cbusef (3/ through (g/ (hereinaf. ter called "non-discrimination chuHs") If the I I I I I I I I I I contnClOr was directed to do so by the cnnll'aCt- inl .....cy as part of the bid or nl!lOlwion of this contract, the contractor shall request such labor union or "'... ~_nwive to fumish a written SUI8fTW!Ilt that such labor union or I'eIlre5llflUlive will not discriminate because of race, creed. color. sex, nalional orilin. ase. disability or mari- tal SQnlS. and thal such labor union or ,~ taliw will cooperate. within the limits of its IlIPl and contraCtUal authority. in the implementation of the policy and provisions of these non-discrim- ination clauses and that it consents and apees' dlat recruitment. employment and the terms and conditions of employment under this contract shall be in accordance with tile pu~ and provisions of these norHliscrimination clauses. If such labor union or repesenwiw fails or refuse 111 comply with such a rwquest tIlal it furnish such a .ute<nent. tile contraclOt shall prompdy nolify the Stale Commissioner of Human Rights of such fail.... or refusal. (e) If di...:ted 111 do so by the Commissioner of Human Rights. the contractor will post and IceeIl posled in conspicuous places, available 111 em- ployees and alllll icants for employment. nolices 111 be provided by the Slate Commissioner of Hu- man Rights sellinl forth the subsunce of the pro- visions of dauses (aI and (III and such provisions of tile Stale's IOWI against discrimination as tile Stale Commissioner of Human Rights shall d_- mine. I I I (d) The conuxtor will stale. in all solicitalions or adlleftisement for, employees placed by or on be- half of the contraaar. thal all qualified applicants will be afforded equal ernploymenl OIlPOfUlIlities without discrimination because of race. creed, color. sex. nalional orilin, age, disability or mari- tal stalUs. (el The contractor will comply with the provi- sions of Sections 290-299 of the Execuliw ~ .ond with tile Civil R1111ts Law. will furnish all informalion and feIlClltS deemed necessary by tlle Slate Commissioner of Human Rilllts under these non-discriminaloty clauses and such sections of the Execulive Law. and will permit access to tile corcrac1Dl's books. "ICards and accounts by the State Commissioner for the pu~ of investiga- lion to ascertain compliance with these non-di.., crimination clauses and such sections of the Execulive Law and Civil Rights Law. (f) This contract may be forthwith canceled. ter- minated or suspended. in whole or in part. by tile comraClinl apncy upon the basis of a findinl made by the State Commissioner of Human I I I I I I SGC-J,3- .-.~ Ris/lts thal the comr:actor has not compi ied with these non-discrimination clauses. and the con- tractor may be declared inelilible for future con- tracts made by or on behalf of the State or a public aUl/lority or agency of tile State. until tile contractor salisfies the State Commissioner of Hu- man Rights tIlal the contractor has established and is carryi"l out a PfOlrllm in conformity witll the provisions of these non-discrimination clauses. Such findi,. shall be made by the Slate Commissioner of Human Rights after conciliation efforts by the Commissioner have failed to achieve compliance with these non-discrimina- lion clauses and after a verified complaint has been filed with tile Commissioner. notice thefeof has been liven to tile contractor and an opportu- nity has been afforded the contraclDr to be heard publicly in accordance with tlle Execulive ~. Such sanctions may be imposed and remedies invoked independently of or in addition to sane. tions and remedies otherwise provided by law. <&l The comractor will include tile provisions of douses (al throus/l (f) in every subcontract or purchase order in such a manner that such provi- sions will be bindinl upon each subcDntractor or vendor as 111 operations 111 be periormed within tile State of New York. The comractor will talce such action in eniorci"l such provisions of such subc;ontrad: or purchase order as tile SIaIe Com- missioner of Human R1llhts or tile contraclinll apncy may direcr. indudinl sanctions or reme- dies for non<ompliance. If tile contractor be- comes involved in or Is threatened with litiplion with a subconuactor or vendor as a result of such direction by tile Stale Commissioner of Human R1shts or the contraelinl al'!"CY, the contracrot shall prompdy so nOCify the Attorney Ceneral. rwq.-inl tile AlIOmt!'/ General 111 hll.. ..... and p~ the interests of tile Stale of N_ York. VI. (aI By submission of this bid, each bidder and eac.il person sisni"l on behalf of any bidder certif.... and in tile case of a joint bid each party then!lD certifIeS as 111 its own orpnizalion. under penalty of peljury, tllat to the be: of his knowledp and belief: 1) The prices in this bid have been arrived at independently without collusion. consultation. communication or apeement. for the pu~ of restrictinl compelitlon. as to any malter reo laIi"l to such prices with any other bidder or with any competitor: 2) Unless otherwise required by law. the prices which have been <1uoted in this bid have not been knowinsJy disclosed by the bid- I - I I der and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any COlllpeti tor, I 3) No att8lllpt has been ....d. or will b. ....de by the bidder to induc. any oth.r p.rson, partn.rship or cort'Oration to submit or not to subllli t a bid for the pur- pose of r.strictin9 cOlllp8tition. I I Cb) A bid shall not b. consi~.red for award nor shall any award be made where (a) (1) (2) and (3) above have not be.n complied with provided, how.ver, that if in any cas. the bidder can not III8ke the foregoing certification, the bidder shall so state and shall furnish with the bid a s19118d statement which sets forth in detail the reasons therefore. Where (a) (1) (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award b. made unless the h.ad of the purchasing =it of the State, public deoartment or ageney to which the bid is made, or his desi9l1ee, determin.d that such disclosure was not made for the PUrtlOs. of restricting competition. I I The fact that a bidder Co.) has published price lists, rates, or tAriffs covering i telllS being procured, Cb) has infon.d prospective CWIto11lers of pUrtlOs.d or pendin' publication of new or revised price lists for such items, or (cl has sold the same itellla to other customers at the same prices b.inq bid, do.s. not constitut., with- out IIIOre, a disclosur. within the meaning of paragraph VI (a). I I VII. Th. agreelllllnt shall be void and of no force and effect unl.ss the contractor shall provide COftrage for the benefi t of, and keep covered durin9 the life of this agreement, such I!IIIployees as are required to b. covered by the provision. of the Worker's Compensation Law. I . I VIII. In accordance with Section 220-f of the Labor Law and S.ction 139-h of the State Finance Law and the r.<;ulations of the Comptroller of the State of New York prollll1lgated thereunder, the contractor agrees, as a material condition of the contract I A. That neither the contractor nor any substantially own.d or affiliated person, firm, partnership or corporation has participated, i. participating, or shall par- ticipate in an international boycott in violation of the provisions of the United States Export A41ainistration Act of 1969, as IIIII8!lded, or the Export Adlllinistration Act of 1979, as _ndad, or the requlations of the United States o.par1OD8nt of Cammarc. promulgated thereunder: I I B. That if .th. contractor or any substantially own.d or affilitated person, firm, partnership or cort'Orationhas been convicted or subj.cted to a final determination by the United States Oepartlll8nt of C~rc. or any oth.r appropriate &9eney of the United State. of a violations of the United States Export Adlllinistration Act of 1969, as alMnded, or the Export A41ainistration Act of 1979, as _nded, or the re<;u- lations of the United States Department of C.,......~c. proIIII1lgated thereund.r, the contractor shall notify the Comptroiler of such conviction or determination in the manner prescrib.d by the Comptroller's regulations. I I I (Rev" March. 1982) SGC -14- I I I I I I I I I I I I I I I I I I I I IV. STATE WAGE RATES (See Addendum) I I I I I I I I I I I I I I I I I I I v. Federal Wage Rates [See Addendum) I I I I I I I I I I I I I I I I I I I 1.0 SPECIAL CONDITIONS 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 I. 10 1.11 1. 12 1.13 1.1" 1.1S 1.16 1.17 1# 18" 1.19 1.20 Notice to Contractor Project Site Time for Completion/Notlce to Proceed Liquidated Damages Ccmnunlcat ions Signs Contract Documents and Drawings Partial Use of Improvements Project Photographs Insurance , Work by Others Schedule of Drawings Contractor I s .Work and Storage Aru TeIIIPOrary Water M.lln Shutdooln " Use of Manufactured Equipment (Deleted) As-Built Dr~lngs .Sequence of Operations Availability of Site/Easements D Isposa I Area Re.oval and Disposal of Structures Found on the Work . SC-IOO I I I I I I I I I I I I I I I I I I I I. 21 1.22 1.23 1.2" 1.25 1.26 1.27 1.28 1.29 1. 30 Temporary Buildings Oust Control Maintenance Protection of Existing Utilities Protection of Roadway Protection of Excavated Opening Test Pits Authority and Duties of Inspectors LUIIIp Sua Bid Project Sign 1. 31 Temporary Buildings . , . . 5C-l0l I I I I I I I I I I I I I I I I I I I 1.0 1.1 SPECIAL CORDITIORS Rotice to Contractor: a. b. Inteut of Contract: The intent of the Contract is to pre~cribe a complete work or improvement which the Con- tractol I.Il\dertake. to do, 10 full compliance with the spe~ifications, plan., .pecial provisions, proposal and Contract. The Contractor shall perform all work in clo.. conformity with the l1oes, grades, typical cross- section., di_nsions, and other data shown on the plans or as modified by written orders, includinf the fur- nishing of all materials, implements, mach nery, equip- ment, tools, supplies, transportation, labor, and all other things necessary to the satisfactory prosecution and completion of the project. Special Work: Should any construction or conditions which are not covered by the Standard Specifications be anticipated on any proposed work, special provi- sions for such work will be supplied to the bidders and sball be considered a part of these specifications the same as though contained fully herein. Should any such special provisions or requirements conflict with these specifications, the special provisions shall govern. >' . SC-102 I I I I I I I I I I I I I I I I I I I 1.2 1.3 1.4 1.S ~.ct Sit.: Th. proj.ct att. i. to b. found oa tb. COD- tract Drawing.. T18e for C l.tioa 1I0tic. to Proc..d: Th. work whicb tb. oatractor . r.q r. to p.r ora un .r tbi. CODtract .hall b. commenc.d at the tt.a .tipulated by tb. Town in tbe Notic. to proc.ed to the Coatractor and .hall b. fully completed within 180 consecutive calendar day. tbereafter or a. IDOd- ified in accordance with the GENERAL CORDITIORS. Liquidated Dama~: A. actual damage. for any d.lay in completion of the work which the Contractor i. required to perform under thi. Contract are impossible to determine. the Contractor and his Sure tie. shall be liable for and shall pay to the ~oVD the sum of Two Hundred Dollar. (~OO.OO) a. fixed. agreed and liquidated dimSge. for each calen r day of delay from the above-.tipulated completion. or .. lDOcl1f1ed in accordance with the GENERAL CORDITIONS. until .uch work i. .ati.factorily completed and accepted. C~ication.: a. All notices, demands. requests. in.tructions. approvals. proposals and clailll.s must be in writing. b. Any notice to or demand upoa tbe Contractor .ball be .ufficiently given if d.livered at tbe office of tbe Contractor .tated on the .isnature page of tbe Agr..- ment (or at .ucb otber offic. .. tbe CODtractor ..y from time to time de.ignate) in a .ealed. po.tag.-pre- paid envelop. or delivered witb c:harg.. prepaid to any telegraph company for tran..r..iOD. 18 each ee.e ad- dre..ed to .ucb office. . c. All papen required to be deliver.d to tbe Town .hall. unle.. otb.rvi.e .pecified in writing to the CODtractor. be d.liver.d to tbe Town of Southo1d Fishers Island Sewer District, 53095 Main Road, Southo1d, ~IT 11971, and any notice to or d..-nd upOD the Town .b.n be .uf- ficiently given if .0 delivered. or if d.po.it.d 18 the United State. mail in a .ealed. po.tafe-prep.id anv.- lope. or delivered witb c:harge. prepa d to any telegraph company for tran.m1..ion to .aid Town at .uch .ddr.... or to .uch other repr..entative. of the Town or to .uch oth.r addre.. .. the Town ..y .ub..quantly .pecify 18 writing to the Contractor for .uch purpo.e. d. Any .uch notic. .h.n b. deemed to he..,. beeD given a. . of tbe t18e of actual d.livery or (in ee.. of ..iling) when the ..... .hould heve beeD received 18 clue cour.e of po.t. or 18 the ee.. of telegraM. at the tiM of actual receipt. .. the c..e ..y be. SC-lO] I I I I I I I I I I I I I I I I I I I 1.6 1.7 1.8 1.9 Signs: The Contractor end his subcontractors vill erect temporary sisas as directed by the EDtineer for purpose of identification and controlling tra fie. The Contractor shall furnish, erect and _intain such other sisas as -y be required by Safety Resulations or as necessary to safe- guard life and property. The contractor and his subcontractors vill provide temporary traffic aafety device. as directed to by the Engineer. Contract Documents end Drawin a: The Town vill furniah t e ontractor v tout c arge ive (5) copies of the Con- tract Documents, including Specificationa and Drawings. Additional copies requeated by the Contractor vill be fur- nished at cost. Partial Use of Improvements: The Town _y, at it. elec- tion, give notice to the Contractor and place in use those sectiona of the work which have been completed, inspected and cen be accepted aa complying vith the Contract Docu- menta and if, in ita opinion, each auch aection ia reaaon- ably safe and fit for the use and accoDlllOdation for vhich it vaa intended, .provided: a. The use of auch aections of the work ahall niOt _ter- ially impede the completion of the remainder of the work by the Contractor. b. The Contractor shall not be respondble for any d..- agea or maintenance coats due directly to the use of auch aectiona. c. The use of such sections ahall in no vay relieve the Contractor of his liebility due to having used defec- tiva materials or to poor wor1aaanship. d. The period of guarantee atipulated in the Section - GENERAL GUARANTY under GENERAL CONDITIONS ahall not begin to run until the date of the final acceptance of all work which the Contractor ia required to con- struct under this Contract. Pro1ect Photofraphs: The Contractor shall arrange to fur- iiIib the serv ces of a profesdonal co.aercial photographer to provide project photographs for this Contract.. sc 104 I I I I I I I I I I I I I I I I I I I 1.10 Prints of project photograph. .hall be a mni_ of 8" z 10" in dze ana .,unted on cloth with a flap for bindinl' The back of each print .hell be noted with the Project ... and lfuIIber, .ubJect, date taken, location of camera, and direc- tion of vi.... Negative. of all photograph. .hall be furnllh- ed to the Engineer. All co.t of furnishing these photograph. .hell be con.idered included in the various price. bid for other work under thi. Contract. a. Progres. Photographs: The Contractor shall arrange to furnish each month a minimum of siz (6) photograph. .how- ing activities and progre.. of the Job. The photograph. shall be taken at those location. designated by the En- gineer. A copy of each photograph .hall be furnished to the Town. preconstruction Photograph.: In addition, area. desig- nated by the Engineer shall be photographed prior to .tart of con.truction. These precon.truction photo- graphs shall .how exi.ting conditions clearly. For thi. Contract, the Engineer may require up to seventy (70) photograph. of initial ezl.ting condition.. In.urance: Schedule of In.uranceuThe following will be the limit. of coverage required for thi. Contract: b. a. Manufacturer.' and Contractor.' Liability: b. Personal Injury Liability In.urance will he?e It.it. of $500.000 (per per.on)/$I.OOO,OOO (per occurrence) 1$2,000,000 (aggregate. cliirIiis the period when COla- pleted operation. clause. are in effect). prorrt:hDaaage Liability ID.Iurance will heve It.itl -of 500000 (per occurrence),1.000.000(aagresate. dur ns t e period when completed operation. clause. are in effect). Automotive Liability: (1) (2) (1) Per.onal Injury Liability Inaurance will ha?e limta of fSOO,OOO (per ,er.on)/fl.OOO.OOO (per occurrence). he?e It.itl c. (2) Property Daaase LiabIlity In.urance will of fSOO.OOO(per occurrence). .. Town'. Protective Liability: (1) Per.onal Injury Liability In'Urance will he?e It.it. of .500,000 (per per.on)/$I.OOO.OOO (per occurrence). SC-I05 I I I I I I I I I I I I I I I I I I I 1.11 1.12 1.13 Property Damage Liability Insurance will have limdts of ~500,OOO (per occurrence). d. Builders' Risk Insurance: (2) (1) The Contractor shall Insurance. carry Builders' aisk e. Job Office Insurance: Job Office Insurance for fire and theft will have the limdt of $5,000 (per occurrence). Work by Others: Private utilities, or other parties may be expected to be working within the Contract area during this Contract. (1) It shall be the responsibility of the Contractor to coordi- nate his work under this Contract with the work being done by others in order that the construction shall proceed in an efficient and logical manner. The Contractor shall have no claim or claims whatever against the Town, the Engineer, or other parties due to delays or other reasons caused by the work by others or his failure to coordinate such work. Schedule of DrawinRs: SHEET NO. ----y 2 3 4 5 6,7 8 9 10 DESCRIPTION Subsurface Disposal System Community Subsurface Disposal System Community Subsurface Disposal System Cinema Subsurface Disposal System Cottages Sanitary Sewage Pump Station Force Main Plan/Profile Hiscellaneous Details Stone Removal Area Stone Removal Area, Cross-Sections Contractor's Work and StoraRe Area: The Contractor shall contact the Town to determine if aDI specific locations will be designated or gain their approva prior to using aDY area for storage of equipment, ..terials and trailers during the period of this Contract. The Contractor shall confine his work/storage area to the limdts as desirated or appro_d and shall be responsible for the security 0 the work/storage area. Upon cOlllpletioQ of the Contract, the Contractor shall remove all equipment and materials, except as otherwise spec- ified, and restore the site to its original condition as ap- pro_d by the Engineer and at no cost to the Tovu, SC-I06 I I I I I I I I I I I I I I I I I I I 1.14 1.1S 1.16 1.17 TmOrary Water Main Shutdown: Any work which requirel aD e Itin, vater main to be Ihut down temporarily Ihall be .0 Icheduled and 10 executed to keep public inconvenience to aD ablolute ~t.um. The Contractor il herely alerted to the fact that thb _y require lo.e work to be performed durintri:ueu1 houri. Abo, once aD exilting vater _in La Ihut , work Ihall continue diligently, without inter- ruption, UDtil the e:dsting _in can be returned to lervice. There shall be no separate payment for performing the above work, but all COlts incidental thereto are conlideredto be included in the varioue pricel bid UDder this Contract.- Ule of Kanufactured Equipment: (Deleted) AI-Built Drawin&!.: As-built drawings will be made by the Engineer. The c-ontractor'l personnel vi1l be required to make the necessary measurements. It .ha11 be the Contractor's responsibility to see: a. That the type, horizontal location invert elevation and pipe size of all are obtained. b. That the type, locations of pipes, and sizes of pipes nave been -located. - c. That the locations of all nev facilities and equipment are docUlllented. That _asurements and requirements are or have been ob- tained for utility inltallations which have been relo- cated. That any notel of these requirements taken by the COD- tractor Ihall be lubmitted to the Engineer. s~ence of Operationl: The Contractor lha11, prior to be- g 1n& any work, lw.1t to the Engineer at or before the preconst:ructiOD conference a Schedule (Jar Chart or ClM Chart) and Sequence of Operation. (narrative lupporting the Schedule). d. e. The following Sequence of Operationl i. to be construed lolely a. a guide for conltruction of Site Improvementl for thil Contract. It il emphalized that thil Sequence of Oper- ationl 11 lunelted only, and that the inclueiOD of thi. luggested Sequence of Operation. in nO vay ~e1ieve. the COD- tractor of this relponlibi1ity to .ubait a Schedule aDd Se- -quence of Operationl to the !Daineer for approval prior to beginning any work. The Contractor'l attention il directed to Section 1.11 York ~ Otherl and provilionl therefor lhal1 be ..de in hi. !C6i- Ie and Sequence of Operationl. SC-107 I I I I I I I I I I I I I I I I I I I 1.19 Di.po.al Ar.a: Th. Contractor i. r.quir.d to obtain a di.po.al ar.a for all ..t.rial UDl... otb.rv1.. .p.cifi.d or authorized, .t no co.t to th. TOVD. S.lect.d mat.rial. .hall b. ..nt to the Town'. balky waate .lte. Di.po.al of ..t.rlal/equ1~t mu.t b. coordiDated with the OWner. 1.20 Jl";ve1 ad D1apo.e1 of Structur.. l'cnmd on the Work: All .alvabl. equipment and ..t.rial. II det.rmined by the Owner shall be carefully dismantled, removed from the station by the Contractor, and transferred to location. identified by the Town of Glastonbury. . A adn1mula of two (2) weeks notice must be given to the ~own prior to dis- mantling any equipment, material. or facilities. Non- salvageable equipment, facilitie. or mat.rial. .halh be properly di.po.e4 by tha Cont~acto~ at DO eo.t to the Town. SC- 108 I I I I I I I I I I I I I I I I I I I 1.22 Duat Control: Durine the proare.. of the work, the Contrector Ihall conduct hil operationl and _intain the area of hie activ1tiel 10 a. to mni- mize the creation and dilperlion of duet. If the Enfineer decidel that it il necellary to uee vater or ca ciua chloride for more effective duet control, the Contractor Ihall furnilh and Ipread the ..terial, a. directed, and without additional c~eDlation. 1.24 Protec~ion of lxiltin. Utilitie.: IIfore .tartins any- _d,"#at1Oii for drainage, the Contractor Ihall submit to the Engineer for hil infora- ation planl or detaUI Ihovine the propoled _thod the Contractor viii uee to lupport and protect all existing utUit1e1 durinf construction. The furniehing of such planl and detai s Ihall not lerve to relieve the Contractor of any relponlibilitiel, There will be no extra pa,-nt for lubaittinS planl or de- taill for lupportine and protectine all exiltins utilitiel durine conltruct1on, and all COlt thereof Ihall be in- cluded in the COlt par linear foot of pipe. SC-109 I I I I I I I I I I I I I I I I I I I 1.25 1.26 1. 27 Protection ot Roadway Durinlt Raul1nlt: The Contractor .hall provide tor containment of excavated ..terial in the truck. during hauling operation.. The ..terial ..y be very ditticult to contain due to vetoe... The Contractor'. atten- tion i. brought to the Protection of Excavated Opening: following requirement.: ~. During construction the Contractor shall be responsible for providing equipment. devices and signs to prevent accidents due to open excavations. The Contractor shall comply with all Local, State and Federal Regulations during excavation. Test Pits: Test Pits have been taken along the site of the work for design purposes. Test pits are in- cluded herein to assist the Contractor in his evaluation of subsurface conditions. The Owner does not guarantee that subsurface conditions other than those disclosed by the test pits will not be encountered or that subsurface conditions will not vary from those indicated by the test pits. Test pit locations are shown on the drawings and test pits are included in these specifications. Inspectors employed by the Owner or the Engineer shall be authorized to inspect all work done and material furnished. Such inspection may extend to all or any part of the work, and to the preparation or manufacture of the materials to be used. In case of any dispute arising between the Contractor and the Inspector as to materials furnished or the manner of performing work, the Inspector shall have the authority to reject material or suspend the work until the question at issue can be referred to and decided by the Engineer. The Inspector shall not be authorized to revoke, alter, enlarge, relax, or release any requirements of these specifications nor to approve or accept any portion of the work not to issue instructions contrary to the Plans and Specifications. . SC-110 - I I I I I I I I I I I I I I I I I I I I 1.28 Authority and Duties of Inspectors: Inspectors employed by the Owner or the Engineer shall be authorized to inspect all work done and material furnished. Such inspection may extend to all or any part of the work, and to the preparation or manufacture of materials to be used. In case of any dispute arising between the Contractor and the Inspector as to materials furnished or the manner or performing the work, the Inspector shall have the authority to reject materialor suspend the work until the question at issue can be referred to and decided by the Engineer. The Inspector shall not be authorized to revoke, alter, enlarge, relax, or release any requirements of these specifications, nor to approve or accept any portion of the work not to issue instructions contrary to the Plans and Specifications. The Inspector shall in no case act as a foreman or perform other duties for the Contractor, or interfere with the management of the work by the latter. Any advise which the Inpsector may give the Contractor shall in no circumstances be construed as binding the Engineer nor the Owner in any way nor releasing the Contractor from the fulfillment of the terms of the contract. 1.29 Lump Sum Bid: The lump sum bid for the project shall include costs of all materials, labor, devices, appliances, permits, energy, water, manuals, plans, shop drawings, start up, and operation and other services specified herein and shown on the contract drawings. 1.30 Project Sign: The general contrac~ors shall provide and erect a sign at the project site identifying the project, the name of the owner, the type of project, the name of the contractor and the name of the engineer. The sign shall be made of 3/4 inch plywood, and shall show such information as the engineer may require and be maintained in good condition for the duration of the project. The contractor shall obtain from the owner the name, number and dollar amounts to be included in the sign for this particular project. The contractor shall maintain the sign throughout the duration of the contract. SC-llO-~ I I I I I I I I I I I I I I I I I I I 1. 3 J Tcmporarr Buildings: The Contractor shall prov-ide a suit- able fie d office, or offices, adjacent to the work for use of engineers and inspectors. Field office shall be ,.11 <oiJ.l~ble building or room equipped with locks,telephone;..l<i-'g1k.s, desk or table of use of engineers and inspectors, storage lockers for their working Clothes and field equipment, and heat during cold weather. In cases where the size of the Contract does not warrant separate offices, engineers and inspectors may share the same office, but not the same lockers or desk, as the super- visory men of the Contractor's force. If the work contemplated by the Contract is of short dura- tion, or if other conditions are such .that it is not exped- .ient to provide a field office or all ~f the facilitie~ ~escribed just above, the Engineer may waive part of all of the requirements for a field office. The Contractor shall protect this office against theft throughout twenty-four (24) hours of the day and night and shall be responsible for any loss of any Town or Engineer's property and the personal property of the employees housed therein due to either fire, theft or other causes. Upon release, the Contractor shall remove all such temporary structures and facilities f~om the site, same to. become his property, and leave the site of work in the condition required by the Contract. The cost of providing, eqUipping: maintai~ing or removing the field office will have b~ Included In prices bid for th" work. SI: - I I J I I I I I I I I I I I I I I I I I I I TECHNICAL SPECIFICATIONS I I I I I TECHNICAL SPECIFICATIONS DIVISION 1 - SITEWORK 1.1 Gener al 1.2 Clearing and Grubbing 1.3 Excavation 1.4 Sheeting, Shoring & Bracing 1.5 Temporary Drains, Pumping & Dewatering 1.6 Fill & Backfill 1.7 Grading 1.8 Pavement 1.9 Fencing 1.10 Landscaping, Loaming, Seeding and Fertilization 1.11 Maintenance and protection of traffic I I I I I I I I I I I I I I Appendix #1 Noise and dust control Disposal of excavated material Dewatering DIVISION 2 - CONCRETE 2.1 Reinforced - Cast in Place Concrete 2.2 Precast concrete 2.3 Miscellaneous metals DIVISION 3 - PIPE 3.1 Ductile Iron Force Main 3.2 Polyvinylchloride Sanitary Sewer Pipe DIVISION 4 - SUBMERSIBLE PUMPING STATION 4.1 General 4.2 Prefabricated Wet Well and Valve Pit 4.3 Pumps 4.4 Pump Motors 4.5 Pump Removal System 4.6 Wet Well Access 4.7 Controls 4.8 Operational Test 4.9 Installation and operating instructions 4.10 Guarantees 4.11 Interior Piping 4.12 Valves & Gates 4.13 Gauges 4.14 Tripod and Hoist 4.15 Finishes 4.16 Miscellaneous Equipment DIVISION 4 - GENERATOR 5.1 Diesel Fueled Standby Generator Set 5.2 Automatic Transfer Switch 1-1 1-1 1-2 1-3 1-3 1-4 1-6 1-6 1-8 1-10 1-11 2-1 2-3 2-3 3-1 3-2 4-1 4-1 4-2 4-3 4-4 4-4 4-4 4-8 4-8 4-8 4-9 4_10 4-10 4-11 4-11 4-13 5-1 5-8 ------- I I I I I I I I I I I I I I I I I I I DIVISION 1: SITEWORK Fishers Island Sewer District 1.1 GENERAL The work included in this section includes excavation, sheeting, shoring and bracing, dewatering, fill and back fill, temporary drains, grading, pavement, fencing, landscaping, and associated work. Test pits were taken at the site of the pump station and the site of the sewage disposal field. This information is included as part of this specification. This information must be reviewed by the contractor prior to excavation. The contractor must make his own investigations' including test pits to determine all conditions affecting the work to be done and the materials needed. 1.2 CLEARING AND GRUBBING This work shall consist of clearing, grubbing, cutting, removal and disposal of all vegetation and debris. This work shall also consist of stripping and stockpiling topsoil. All work shall be confined to the areas within the limits of construction as shown on the plans or designated by the Engineer. The work shall also include the preservation from injury or defacement of all vegetation and objects designated by the Engineer to remain. Before any clearing is done, the Contractor and the Engineer shall determine precisely which trees, shrubs, and bushes shall be saved. These trees, shrubs, and bushes will be clearly marked in the field prior to any work starting. Trees that are to be removed within the excavation lines shall be cut off and stumps removed to a depth of not less than 12 inches below the graded surface. The Contractor shall not remove any trees, shrubs, or bushes beyond the slope limits unless specifically ordered to do so by the Engineer. Topsoil shall be stripped from cleared areas. Topsoil shall not be mixed with subsoil and shall be kept free of brush, trash, large stones and other extraneous material. Topsoil shall be stockpiled at areas on the site as directed by the Engineer. The stockpiles shall be protected until used for topsoiling areas to be seeded. 1.3 EXCAVATION The contractor shall perform all excavation of every description and of whatever substances encountered, to the depths indicated on the drawings or as specified. Loam shall be stripped and at the option of the contractor stockpiled for reuse. The subfoundation shall be placed as soon as possible after the excavation. Care shall be taken not to excavate below the depths indicated unless authorized by the Engineer. No extra payments will be made for excavation of any materials. All unsuitable material or 1-1 I DIVISION 1: SITEWORK Fishers Island Sewer District I suitable material not required elsewhere in the work shall be removed by the contractor and wasted off site at no extra cost. I The contractor shall provide and maintain ample means and devices with which to intercept and/or remove promptly and dispose properly of all water entering trenches and other excavations. Excavations shall be kept dry until the structures, pipes, and appurtenances to be built therein have been completed to such extent that they will not be floated or otherwise damaged. Means of water removal and disposal shall include drains, pumps, and well point systems to the extent required by the quantity to be removed. I I I All water pumped or drained from the work shall be disposed of in a suitable manner without undue interference with other work or damage to pavements, other surfaces, or property. I Trenches shall be excavated to the necessary width and depth for proper laying of pipe and shall have vertical sides. Minimum widths of trenches shall provide at least 12 inches clearance between the sides of the trench and the outside face of the pipe. Trench widths shall not be unnecessarily wide so as to materially increase the load on the pipe resulting from backfill and shall not exceed that width required to accomplish the work and provide for the safety of the workers. I I Excavation Near Existing Structures and Utilities: It is called to the attention of the Contractor that there are utilities and other underground pipes along the course of the work. Information shown on the drawings as to the location is from the best available sources, but no guarantee is inherent or to be assumed that such information is accurate or complete. Water main service connections are to be crossed in the course of the work. The Contractor shall exercise special care during his operations to avoid injury to underground utilities and structures. When necessary, the Contractor shall cooperate with, and consult with representatives of the Town or the utility companies in order to avoid damage to the structures. The Contractor shall furnish and erect suitable support and shoring or other means of protection, all at his own expense, where required. Hand methods of excavating shall be used around buried utilities and are included in the work to be done under this Contract, at no additional cost to the Owner. I I I I I The Contractor shall, at his own expense, preserve and protect from injury all property either public or private, adjacent to the line of work, and he shall be responsible for and repair at his own expense any and all damage and injury thereto, arising out of or in consequence of any act or omission of the Contractor. All existing pipes, culverts, poles, wires, fences, mail boxes, bounds, etc., sha~l be supported in place or otherwise protected from injury, or shall be restored to at least as good condition as that in which they were found immediately prior to start of work. I I I The Contractor shall provide, at his own expense, suitable bridges over trenches where required for the accomodation and safety of the traveling public. He shall provide facilities for access to private driveways for vehicular use. He shall erect suitable barriers around the excavation to prevent accidents to the public and shall place and I 1-2 I I DIVISION 1: SITEWORK Fishers Island Sewer District I maintain during the night sufficient lights on or near the work. A space of twenty (20) feet must be left so that free access may be at all times had to fire hydrants and proper precautions shall be taken so that the entrance to fire hydrants shall not be blocked or obstructed. I I All excavations shall be paid for as part of the lump sum bid for the project. No payment will be made for additional excavation. 1.4 SHEETING, SHORING and BRACING I I The Contractor shall furnish, put in place and maintain such sheeting, shoring and bracing as may be required for the construction of the permanent work. The Contractor shall be solely responsible for the safety of all work, prevention of bodily injury, and undermining or disturbing existing pavements or utilities. The Contractor shall submit to the Engineer, at least 10 days prior to the start of construction, his proposed methods, materials, sizes and depths of sheeting and bracing which he plans to use to construct the Pumping Station. The Contractor's methods will be reviewed for possible effect on the permanent construction, foundations, existing improvements and utilities. The review shall not be construed as a guarantee that the Contractor's methods are proper or adequate. Any damage to permanent or existing work resulting from the failure of the Contractor to provide adequate sheeting, shoring and bracing shall be repaired by the Contractor at his expense. The installation of sheeting, shoring and bracing shall comply with the safety precautions as outlined in the Associated General Contractors of America "Manual of Accident Prevention in Construction." If the Engineer is of the opinion that, at any point, sufficient or proper supports have not been provided, he may order additional supports to be put in place. The Contractor shall remove all temporary protection works. Care shall be taken to prevent voids if sheeting is removed. If voids are found during the removal of sheeting they shall be filled with sand and compacted. Sheeting shall be left in place if the Engineer so permits. Steel sheeting left in place, will be paid for as part of the lump sum bid for the pump station. I I I I I I I 1.5 TEMPORARY DRAINS, PUMPING AND DEWATERING I The Contractor shall provide all necessary equipment and materials, including pumps and/or well point systems and accessories all as may be essential to satisfactorily dewater and maintain in a drained condition the foundation and excavation area of the permanent work, until such time as it may be safely backfilled and until such time as floatation of the pump station cannot occur, all as determined by the Engineer. The Contractor shall submit to the Engineer, at least 10 days prior to start of construction, his proposed method of dewatering. The Contractor's ,methods will be reviewed for possible 'effect on the permanent construction. The review shall not be construed as a guarantee that the Contractor's methods are proper or adequate. All water shall be disposed of in such manner as not to cause injury to public health or damage to public or private property. Sufficient stand-by pumping equipment shall be installed and mounted for immediate use in case of emergencies. The Contractor shall be responsible for the adequacy of his dewatering equipment and system in controlling the water and for protecting adjacent roadways, public and private property and public I I I I 1-3 I I I I I I I I I I I I I I I I I I I I DIVISION 1: SITEWORK Fishers Island Sewer District waterways from damage. Any damage to permsnent work or existing property resulting from the failure of the Contractor to provide an ade- quate dewatering system shall be repaired by the Contractor at his own expense. All bypass pumping, temporary drains and dewatering shall be part of the lump sum cost of the pump station. 1.6 FILL and BACKFILL Foundation fill material shall be gravel or crushed stone as indicated on the drawings and as specified herein. Backfill adjacent to the station shall be sand or sand gravel. Fill and backfill shall be placed and compacted to conform to the lines, elevations and cross- sections indicated on the drawings or as otherwise required to complete the work satisfactorily. Fill and backfill shall not be placed on a surface covered with water. No fill or backfill material shall be placed on a surface of frozen material nor shall snow, ice or frozen earth be incorporated in the fill or backfill. Fill or backfill material shall not be placed on material which in the opinion of the Engineer has been affected by frost or moisture. Such material shall be recompacted prior to placement of other material on its surface. No backfill material shall be placed adjacent to concrete that is less than 7 days old. Backfilling shall be performed after the permanent work in the excavation had been inspected and approved and after all forms have been removed and the area cleaned of trash and debris. Gravel fill and backfill materials shall be placed in horizontal layers not exceeding 8 inches in loose thickness, except for the initial layer of gravel fill to be constructed on the subfoundation which shall be placed in s 12 inch compacted layer. After spreading and prior to compaction, all stones larger than 4 inches shall be removed from the gravel fill material placed below concrete slabs and stones larger than 6 inches shall be removed from the gravel backfill placed above concrete slabs. All fill and backfill material shall be compacted to at least 95 percent of maximum dry density as determined by AASHO Test Designation T-180-57, Method D except. in the area of the proposed leaching fields where such fill and backfill shall be compacted to not less than 80 percent nor greater than 90 percent of maximum dry density by the above test. Material shall be moistened or aerated as necessary to provide the moisture content that will readily facilitate obtaining the specified compaction with the equipment used. Compaction shall be obtained by the uae of approved power hand tampers or vibratory compactora. Compaction by aettling with water will not be permitted. The backfill compaction shall be carefully controlled. The Contractor shall obtain the services of a qualified aoils testing laboratory and obtain approval of the Owner. The soils testing shall be continuous during backfill operations. Compaction certifications shall be forwarded to the Engineer. All costs shall be part of the lump-sum bid. Materials: (1) Suitable material from excavation shall be granular materials, free from rocks over 6 inches in their largest dimension and free from any deleterious material which can adversely affect the load carrying capacity of the finished trench. Suitable materials shall be only that which is approved by the Engineer. 1-4 I I I I I DIVISION 1: SITEWORK Fishers Island Sewer District (2) Bank-run gravel shall be clean, well-graded from coarse to fine, no stones over 6 inches in maximum dimensions, and shall contain less tham 5% of particles finer than will pass a No. 200 sieve. (3) Sand shall be free from roots, sod, rubbish, frozen materials, and shall conform to the following gradation requirements: Sieve Size Per Cent Passing by Weight I I I I I I I I 1/2 inch 3/8 inch No. 4 No. 50 No. 100 100 90 - 100 80 - 100 10 - 25 o - 10 (4) Gravel Bedding shall consist of clean crushed quarry rock or crushed gravel, free of organics and decomposable substances, and shall be well-graded within the following gradation requirements: Square Mesh Sieve Size Percent Passing by Weight 1 inch 3/4 inch 1/2 inch 3/8 inch No.4 100 90 - 100 20 - 50 o - 20 0-5 (5) Processed Gravel shall be of hard, durable material and should conform to the following gradation requirements: Square Mesh Sieve Size Percen t Passing by Weight 2-1/4 inch 100 1-3/4 inch 95 - 100 3/4 inch 60 - 75 1/4 inch 25 - 45 No. 40 10 - 25 No. 100 3 - 12 I I I I I I Soils Testing: Soils tests by a qualified testing laboratory are required to determine the gradation and compaction characteristics of fill and backfill materials specified herein. All tests shall be part of the lump sum bid. Gravel bedding material will be required below all utility structures. Gravel bedding shall be placed 12 inches beyond the widths of a utility structure foundation (base) and to a depth of 6 inches from the bottom of the excavation to the bottom of the foundatiDn (base) as indicated on the drawings. Material under and around the pipe shall be carefully and thoroughly hand tamped. From the centerline uf the pipe to a point 12 inches above the top of the pipe the backfill shall be sand or sandy gravel, placed by hand and hand tamped. Above this point, backfill shall be suitable material from excavation or, if ordered, bank-run 1-5 I DIVISION 1: SITEWORK Fishers Island Sewer District I gravel. This backfill shall be placed in layers 8 inches deep and each layer shall be compacted with mechanical tampers to not less than 95% of maximum dry demsity. This backfill shall be carried up to the bottom of material specified to be placed for surfacing requirements. I I In areas where the finished surface is to be loam, the contractor shall complete the backfilling with the respective specified material to compacted depths as shown. I In areas where the finished surface is to be paved, the contractor shall install 12 inches of gravel base course material to a point 3 inches below the finished surface. This top 3 inches shall be filled with compacted bituminous concrete material. Temporary pavement material shall be as specified elsewhere in these specifications. When the Engineer determines that trench settlement will not damage finished pavement, the Contractor shall but the pavement as directed and remove all temporary material and as much gravel as is necessary to install the finish pavement materials as specified in the section entitled "Pavement and Pavement Replacement" and as show on the typical surfacing details. The Engineer may elect to place "hot mix" temporary pavement in which case the edges of the existing pavement shall be cut before placement of the temporary pavement. I I I I 1. 7 GRADING I Excess excavated material, selected by the Engineer shall be used as fill to form the embankments and slopes as shown on the drawings. Pavement sub-grades shall be of bank gravel and processed gravel as indicated on the drawings. Enbankment fill shall be placed and compacted to the required grades show on the drawings with allowance for placement of pavement sub-base and topsoil for seeding all as indicated by the details and finished grades show on the drawings. I I 1. 8 P A YEMENT I The work covered by this section of the specifications consists in furnishing all plant, labor, equipment, appliances, and materials, and in performing all operations in connection with the replacement of pavement over trenches or other openings made during construction, complete, and in strict accordance with this section of the specifications and applicable drawings, and subject to the terms and conditions of the contract. I I The Contractor shall replace all bituminous pavement which has been removed or damaged during construction operations. In trenches, the finished grade shall exactly match the. adjacent undisturbed grade. Replacement shall be made at a time agreeable to the Engineer. I I Pavement replacement shall include satisfactory repair by the Contractor driveways and any other bituminous surface disturbed by his operations. I 1-6 I I DIVISION 1: SITEWORK Fishers Island Sewer District I Materials and Methods: * I Permanent Pavement At Project Site: The Contractor shall grade the site utalizing suitable full material and compacting as specified herein. After grading the site and compacting it 12, inches of subbase material conforming to DOT Specification M. 02.02 and M. 02.06 class A shall be placed. 4" of base material conforming to M. 02.06 A shall be placed on top of the subbase as specified and compacted per DOT specifications. Two layers of 1 1/2" bituminous conforming with DOT Specification 4.06 for placement and M.04.01 class 1 for materials shall be placed upon the base material. * I I Procedures: Bituminous concrete paving shall proceed as follows: I I Subgrade: In all trenches to be paved, bank-run gravel and processed gravel shall be placed and compacted during backfill to provide a subgrade, all as per these specifications and to dimensions shown on the drawings. I Unless temporary paving is to be placed immediately, gravel trenches shall be maintained to original surface by filling with processed gravel and grading, all as required, until such time as pavement is placed. All gravel surfaces shall be kept dust free by the addition of calcium chloride "Dow Flake" or equal, as required. I Trimming of Edges: Edges of existing pavement shall be cut in straight lines before excavation as herein specified. Before placing permanent type "hot" mix, all edges shall be trimmed as required to provide straight lines and vertical faces. I I Settlement of Trenches: In trenches where the Engineer determines that a "hot" permanent type bituminous concrete mix can be placed as temporary pavement, the Contractor shall allow the trench to settle for a period up to 30 days before placing pavement, all as determined by the Engineer. I Temporary Pavement: It is intended that most trenches in existing pavement shall be provided with pavement within a few days after backfill. The settlement of trenches will determine how soon a trench shall be paved and the Engineer's decision will be final. The Engineer will also decide on the type of material to be placed. I I In cold weather or where it is obvious that considerable settlement will take place, the Engineer may elect to order that a "cold mix" or cold patch be placed, In this case, edges do not need to be retrimmed, except for broken pieces, and material may be placed at a slightly higher grade than the existing surface to allow for settlement. Material shall be placed to a full depth of 2 inches after compaction and in a single course. I I Elsewhere and wherever ordered, the Contractor shall place a "hot" permanent type bituminous concrete pavement as temporary pavement. In this case, the subgrade shall be prepared and compacted to required grade, the edges retrimmed as required to straight lines and vertical faces and sealed and the material placed to a compacted depth of 3 I I 1-7 I I DIVISION 1: SITEWORK Fishers Island Sewer District I inches in a single course. I All pavement shall be maintained smooth, free from potholes and to required grade until permanent pavement is placed. I Permanent Pavement: When, in the opinion of the Engineer, a satis- factory time has elapsed for compaction of the trenches, permanent pavement will be placed. In general, it will be required that trenches be allowed to settle over one winter and at least 120 days before permanent pavement is placed. Where the existing pavement outside of trenches has remained in satisfactory condition as determined by the Engineer, only the trenches will ordinarily be paved. I I Permanent Pavement Trench Width: Temporary pavement shall be removed, the subgrade prepared to required dimensions and compacted to required grade, edges retrimmed as required to straight lines and vertical faces, sealed and the permanent "hot" mix materials installed in two courses to a total depth compacted of 3" or as ordered. Base course shall be a binder material and surface shall be provided with suitable crown as required. I I 1.9 FENCING I The pump station fence shall be 6 foot high, vinyl coated green as provided by Atlantic Fence Inc., Arrow Fence, Eastern Wholesale Fence Co. Inc., Midford N.Y. or equal. It shall conform to the Chain Link Fence Manufactures Institute. One gate shall be installed as shown on the plans. Posts, gate frames, braces, rails, stretcher bars and truss rods shall be of steel; reinforcing wires shall be of high carbon steel; and gate hinges, post caps, barbed wire supporting arms, stretcher bar bands and other parts shall be of steel, malleable iron, ductile iron or equal, except that ties and clips may be of aluminum. The outside or nominal dimensions and weights of end corners, pull posts, gate posts, etc. shall be as shown on the plans. Hinges, latches, stops and keepers shall be provided. Barbed wire shall consist of two strands of 12 gage wire with 14 gage 4 point barbs spaced 5 inches apart. All wire shall be zinc coated with a minimum coating of 0.80 ounces per square foot for 12 gage wire and 0.60 ounces per square foot of surface area on 14 gage wire. All components of the new fence except the barbed wire shall be vinyl coated green including posts and hardware. I I I I I The chain link fence, gates and accessories shall be installed in strict accordance with plans and specifications in a workmanlike manner. Line posts shall be placed not more than 10 ft. on centers. They shall be plumb with tops properly aligned. . Line posts and terminal posts shall be ,set in cylindrical concrete footings as shown on the plans.' The concrete shall be made in proportions of 1-3-5 using best Portland cement, clean sharp sand and gravel or broken stone. I I The split rail fence at the community sUDsurface disposal site shall be a three rail, pressure treated, decay and insect resistant wood. I I 1-8 I I DIVISION 1: SITEWORK Fishers Island Sewer District I 1.10 LANDSCAPING, LOAMING, SEEDING and FERTILIZATION I The work covered by this section of the specifications consists of furnishing all tools, equipment, appliances, materials, and labor required for landscaping, loaming, seeding, and feritilizing all areas not covered by pavement as directed by the Engineer and as indicated on the Contract Drawings. I Trees: 7 feet high Arborvitae shall be provided as shown on the plans and as directed by the Engineer. The trees shall be replaced by the Contractor if they die within one year of planting at no extra cost to the Owner. The Contractor shall place a 3 inch layer of woodchips over a 6 mil polyethylene sheet around the base of the trees as shown. I I I Loam: The Contractor shall furnish sufficient topsoil to properly install all work as specified herein and as shown on the drawings. Loam separated from excavation material as specified in Section 1.2 and stored shall be approved by the Engineer before reuse. If not acceptable loam from outside sources shall be furnished. Topsoil furnished shall be a natural, fertile, friable soil, possessing characteristics of represent- ative productive soils in the vicinity. It shall be obtained from natur- ally well drained areas. It shall have a pH value of 6 and be free from substances which may be harmful to plant growth. Topsoil shall be without a mixture of subsoil and shall be clean and reasonably free from clay lumps, stones, stumps, roots or similar substances 1 1/2" or more in diam- eter, debris, or other objects which might be a hindrance to planting operations. The Contractor shall notify the Engineer of the location of the source from which he intends to supply the loam at least ten days prior to delivery of the loam at the project site. Any materials which in the opinion of the Engineer, do not meet the above requirements shall be rejected and removed from the site. I I I I I Seed: Seed shall be commercial product of a reputable manufacturer approved by the Engineer and shall be certified to be not more than 1 year old and of the General proportions by weight of the following types: I Kentucky Blue Grass Creeping Red Fescue Norlea Perennial Rye White Clover 40% 40% 15% 5% I Seed shall be delivered to the site in original unopened containers bearing the manufacturer's name and statement of content. I Fertilizer: Fertilizer shall be the commercial product of a reputable manufacturer approved by the Engineer and shall be delivered to the site in original unopened containers bearing the manufacturer's name and statement of analysis. Fertilizer shall contain the following minimum percentage of aVailable plant food by weight: I I 10% Nitrogen: 6% Phosophoric Acid; 4% Potash; I 1-9 I I DIVISION 1: SITEWORK Fishers Island Sewer District I Mulch: Mulch shall consist of hay from acceptable grass or legume mowings, free from weeds, reeds, twigs, debris orother objectionable material. It shall be free from rot or mould, and shall have a moisture content of not more than 15 percent when delivered to the project. I 2. Application: I Loam: Loam or topsoil shall be spread on the designated areas so as to form a cover or mulch of topsoil to a depth as shown on the drawings or as directed by the Engineer. Areas designated for covering with topsoil shall be scarified or otherwise roughened, just prior to the application of topsoil. After the spreading of topsoil all stiff clods, hard lumps, large stones, trash, wood, brush, stumps, roots, or other objectionable material shall be gathered and removed from the topsoiled area. Compaction may be accomplished by the use of a lawn roller commonly used for this work. I I I Fertilizer: Fertilizer shall be applied evenly at the rate of 25 lbs. per 1,000 square feet. The fertilizer shall be raked to a depth of at least 2 inches and the area brought to a smooth surface. I Seed: Seed shall be applied evenly at the rate of 3/4 pound per 100 square feet during the growing season. Seeded areas shall then be raked by hand to mix the seed and loam and to smooth the surface. Seeded area shall then be rolled with a light lawn roller. I I Mulch: Areas seeded shall be provided with hay mulch unless otherwise ordered by the Engineer. The hay shall be uniformly applied by an approved method to a placed depth of two (2) inches. I Maintenance: The Contractor shall be responsible for the proper care of the seeded areas during the period when the grass is becoming establish- ed. This period shall extend for 2 months after the completion of seeding on the entire project. The Contractor shall reseed and if necessary reloam all areas as necessary to obtain a firm stand of grass. The Contractor shall provide water for the trees and grass. I I All aspects of the landscaping including loaming, seeding, fertilizing mulching, watering, etc. shall be paid for as part of the lump sum bid for the project. I 1.11 MAINTENANCE AND PROTECTION OF TRAFFIC DESCRIPTION: I The Contractor shall keep the roadway under construction open to traffic for the full length of the project, and shall provide a suffi- cient number of travel lanes and pedestrian passways to move that traffic ordinarily using the roadway. The travel lanes and pedestrian passways shall be drained and kept reasonably smooth and in suitable condition at all times in order to provide minimum interference to traffic consistent with the proper prosecution of the work. I I I Suitable ingress and egress shall be provided at all times where required for all intersecting roads and for all abutting properties 1-10 I I DIVISION 1: SITEWORK Fishers Island Sewer District I having legal access. I CONSTRUCTION METHOD: I When a scheme for maintenance of traffic which may include detours is shown on the plans or described in the Special Provisions of the Contract, this shall govern unless an alternate scheme acceptable to the Engineer is offered by the Contractor at no additional cost. If no scheme is shown on the plans or described in the Special Provisions of the Contract and the Contractor wishes to deviate from the provisions of maintaining traffic as described in this section, the Contractor must submit, and the Engineer may approve, a schedule showing a proposed sequence of operations and a compatible method of maintaining traffic. I I I Uniform Traffic Controller: The Contractor shall provide the services of uniformed traffic controllers or Police at such locations and for such periods as the Engineer may order for the control and direction of vehicular traffic and pedestrians. Traffic controllers shall be clothed and equipped so as to be readily distinguished as traffic controllers to the satisfaction of the Engineer. I I Traffic Signs and Barricades: The Contractor will furnish signs, barricades, traffic cones, and traffic delineators to forewarn traffic of the construction. The Contractor will also provide such safety measures, pavement markings, warning devices, and signs as deemed necessary to safeguard and guide the traveling public through detours ordered by the Engineer or included in the approved scheme for maintenance of traffic. Signs and barricades will be delivered adjacent to the project and traffic cones and delineators will be provided when required, at no cost to the Town. The Contractor shall erect, maintain, move, adjust, relocate and store these signs, barricades, traffic cones, and delineators when, where, and in accordance with the "Manual on Uniform Traffic Control Devices", or as directed by the Engineer. I I I The use of unauthorized or unapproved signs, barricades, traffic cones, or traffic delineators will not be permitted. I The Contractor shall keep all signs in proper position and clean and legible at all times. Care shall be taken so that weeds, shrubbery, construction materials or equipment, and soil are not allowed to obscure any sign, light, or barricade. Signs that do not apply to existing conditions shall be removed or adjusted so that the legend is not visible to approaching traffic. I I Snow Removal: The Contractor, when ordered by the Engineer, shall remove snow and take care of icy conditions on temporary, new, and existing sidewalks on any part of the right-of-way within the limits of the pro ject. I Failure to Provide: Should the Contractor fail to perform any of the work required under this section, the Town may perform, or arrange for others to perform, such work. In such cases, the Town will deduct from money due or to become due the Contractor all expenses connected therewith which are found to be greater than the cost to the Town had the Contractor performed the specified work. I I 1-11 I I DIVISION 1: SITEWORK Appendix N1 NOISE AND DUS:' C::Jr~:<'I:. Fishers Island Sewer District I :Ioise and '~ust control mea:;ures ",ill include ',he as~ machil'ery a.:,d the spreading of water or wood c"il'S. on petroleum products fer dust control i~ proh:bited. will be limited to _____a.m.~_____p.m. DISPOSAL OF EXC"VA'~ED r.:A'l'j<;HI;,' 0: . Jf:l--!uu.te ml.\.:'fl~r~i en 'l'li0 USE: uf' caJ:::i ~":'I dl,:.oride ('ra~'.r:l~:...i(.~ ".,...-,t"k l:uurs I I No contractor is permitted to dump spoil onto tho~e are"," desi.gnated as wetlands or waterways. Surplus excavated material, eitller' llnstltisfllctury for, or over and above that required for backfilling, shall be disposed of by the contractor at his own expense, off the site of work in a lawful manner at the (name of landfill) . If the contractor wishes to dispose excavated Ol"terial other than at the (name of landfill), he must first contact: ;J.fred T. KeLlar, ::YS Department of Environmental Conservation at (516) 751-7900. I I I DEWATERING In accordance with Section 15-1527 of the Environmental Conservation Law, a dewatering permit must be obtained from the New York State Department of Environmental Conservation (see address below) before the comme:lcement of any dewatering operation. I I Any proposed dewatering operation must be carried oat by duly reGistered Well Drillers in accordance with Section 15-1525, of' the Environmental Conservation Law. I The Contractor is re.sponsible for notifying the 11"'" '"0rk Sta-.e Department of Environmental Conservation prior to the proposed st!irtin~ d"t\: of thE' dewr:.tering operation, giving the following details in full: The name of the Registen'dWell LJrillera, the details of the dewatering system to \;e insV1UC'u, in',ludir.e: the size, the number and the spacing of the Well Points, the pump capacity, the pur.ping rate and the expected volume of water to be wi thdra.wri. I Also to be included, will be the amount of water tablE' drawdown, the final disposition of the water and the expected duration of the operation. Before any dewatering operation is to begin, approval of all the aforcmentioned itema is required. If any unforseen emergency construction arises, the rontractor must notify the New York State Department of Environmenta.l Conservation as soon as possible, that dewatering under such circumstances has teen started. I I Notification will be made of the following: I I New York State Department of Environmental Conservation c/o Mr. Daniel J. Larkin Bldg. 40, SUNY Stony Brook, NY i1794 Phone No. - 751-7900 I The entire dewatering operation and the apparatus connected therewith must at all reasonable hours be open to inspection, and test by duly accredited re- presentatives of the Department of Environmental Conservatiun. I I I ~ -~. .--....... ~. ~...-=-. ,._....-....:..._~....--..~-~-,"- I Where private wells, L..sed for water supply, have :)0come Jr:: ,)~. CP:1.;';C ::::: r roduce potable water due to the dewatering operation, ~i1(' C(jr.tra(~Lc~' ',-li:::' be r'csponsible for providing the necessary watcr at no cost to tl.e County. I I No Contractor is permitted to dump spoil onto those urea:: ~f..'~;: r-nat,f:ci :J.~; wetland.., or waterways. Further, the Contractor Bhall not utockpile 01' s1;('l'e opdl,. materials, tools or equipment on wetlands. The Contractn:' ~:::t'..ll r.st jischa~'''''E''' groundwater directly into creeks, ponds, l<lkes or waterwayc wi thuut :'i rst obtaining proper permit from the New York State Department of Environmental Conservation. Before discharge into surface water., dewaterin" effluents ,oust be filtered throu@:h hay bales or detained settling basins to avoid sedimentation to the 'receiving waters. If necessary, baffling devises shall be used to prevent the scouring of the bed or banks of any receiving stream. Every effort shall be made to discharge groundwater into existing recharge basins. . I I I I I When dewatering systems utilizing central pumping stations are used, these stations vill be acoustically shielded from neighborin@: rcsidences. Styrofoam or other sound absorbing material viII be used on the inside of the enclosure surroundin" the pump. In addition, an exhaust stack extension viII be provided vhen required by the Engineer. The use of old pumps generating excessive emissions and/or noise viII not be permitted by the Engineer. Noise produced by any dewatering equipment measured at a distance of tventy-~ive feet in any direction from a major surface of the equipment shall not exceed: I I a. a continuous sound level of 60 dBA or b. one or more of the following octave band sound preBsure levels, us listed belovo I I Frequency (HZ) dB 63 77 125 68 250 60 500 56 1000 53 2000 50 4000 48 8000 46 I I I Before any dewatering pump installation is placed into 'operation, it shall be measured for the actual noise levels produced and only those installations conforming to the above listed sound criteria shall be approved. Sound prcssures shall be measured vith a sound level meter meeting ANSI - Type II specifications for noise regulation enforcement and possessing a measurement tolerance of plus or minus 2 dB. I I I I I DIVISION 2: STRUCTURAL Fishers Island Sewer District I 2.1 REINFORCED - CAST IN PLACE CONCRETE I Codes and Standards: ACI 301 "Specifications for Structural Concrete for Buildings"; ACI 347 "Recommended Practice for Concrete Formwork"; ACI 304 "Recommended Practice for Measuring, Mixing, Transporting, and Placing Concrete"; comply with applicable provisions except as otherwise indicated. I I Mix Proportions and Design: Proportion mixes by either laboratory' trial batch or field experience method complying with ACI 211.1. I I Submit written report to Engineer for each proposed concrete mix at least 15 days prior to start of work. Do not begin concrete production until mixes have been reviewed and are acceptable to the Engineer. Mix designs may be adjusted when material characteristics, job conditions, weather, test results or other circumstances warrant. Do not use revised concrete mixes until submitted to and accepted by Engineer. I Use air-entering admixture in all concrete, providing not less than 4% nor more than 8% entrained air for concrete exposed to freezing and thawing, and from 2% to 4% for other concrete. I I Minimum Cement Content shall be as follows: Min. compressive strength at 28 days Min bags of cement per cu. yd. of concrete I I 4000 PS I 3000 PSI 6.75 5.75 Concrete Materials: Portland Cement: ASTM C ISO, Type as required. I Aggregates: ASTM C 33, except local aggregates of proven durability may be used when acceptable to Architect. Water: Clean, drinkable. I I Air-Entraining Admixture: ASTM C 260. Water-Reducing Admixture: ASTM C 494. Only use admixtures which have been tested and accepted in mix designs, unless otherwise acceptable. Related Materials: I Waterstops: Flat dumbbell or center bulb type, size to suit joints, of either rubber (CRD C 513) or PVC (CRD C 572). I Membrane-Forming Curing Compound: ASTM C 309, Jype I. I 2-1 I I DIVISION 2: STRUCTURAL Fishers Island Sewer District I Form Materials: I Provide form materials with sufficient stability to withstand pressure of placed concrete without bow or deflection. I I Exposed Concrete Surfaces: Suitable material to suit project conditions. Reinforcing Materials: Deformed Reinforcing Bars: ASTM A 615, Grade 60 unless otherwise indicated. I Welded Wire Fabric: ASTM A 185. Forming and Placing Concrete: I Ready-Mix Concrete: ASTM C 94. I Formwork: correct size, ACI 347. Construct so that concrete members and structures are of shape, alignment, elevation and position, complying with I Provide openings in formwork to accommodate work of other trades. Accurately place and securely support items built into forms. I Clean and adjust forms prior to concrete placement. agents or wet forms, as required. Retighten forms during concrete placement if required to eliminate mortar leaks. Apply form release and after I Reinforcement: Position, support and secure reinforcement against displacement. Locate and support with metal chairs, runners, bolsters, spacers and hangers, as required. Set wire ties so ends are directed into concrete, not toward exposed concrete surfaces. I I Joints: Provide construction, isolation, and control joints as indicated or required. Locate construction joints so as to not impair the strength and appearance of the structure. Place isolation and control joints in slabs-on-ground to stabilize differential settlement and random cracking. I Installation of Embedded Items: Set and build into the work anchorage devices and other embedded items required forother work that is attached to, or supported by cast-in-place concrete. Use settling diagrams, templates and instructions provided by others for locating and setting. I Concrete Placement: Comply with ACI 304, placing concrete in a continuous operation within planned joints or sections. .Do not begin placement until work of other trades affecting concrete is completed. I Consolidate placed concrete using mechanical vibrating equipment with hand rodding and tamping, so that concrete-is worked around reinforcement and other embedded items and into all part of forms. I I I 2-2 I DIVISION 2: STRUCTURAL Fishers Island Sewer District I Protect concrete from physical damage or reduced strength due to weather extremes during mixing, placement and curing. I In cold weather comply with ACI 306. In hot weather comply with ACI 305. I Concrete Finishes: I Exposed-to-view Surfaces: Provide a smooth finish for exposed concrete surfaces and surfaces that are to be covered with a coating or covering material applied directly to concrete. Remove fins and projections, patch defective areas with cement grout, and rub smooth. I Slab Trowel Finish: Apply trowel finish to monolithic slab surfaces that are exposed-to-view or are to be covered with resilient flooring, paint or other thin film coating. Consolidate concrete surfaces by finish troweling, free of trowel marks, uniform in texture and appearance. I I Curing: Begin initial curing as soon as free water has disappeared from exposed surfaces. Where possible, keep continuously moist for not less than 72 hours. Continue curing by use of moisture-retaining cover or membrane-forming curing compound. Cure formed surfaces by moist curing until forms are removed. Provide protections as required to prevent damage to exposed concrete surfaces. I 2.2 PRECAST CONCRETE I Precast modules shall be reinforced concrete with a mlnlmum 28-day compressive strength of 5000 psi except for leaching chambers and dry wells which shall have a minimum 28-day compressive strength of 4000 psi. Reinforcing steel shall meet the requirements of ASTM designation A-6l5, 1" minimum cover and shall be certified Grade 60. All units shall be design loading AASHO HS20-44. I I The manufacturer shall have the necessary equipment to perform compressive strength tests of concrete cylinders as required by the Engineer. The test certification shall be forwarded to the Engineer. I The modules shall have monolithically poured walls and floor and shall be the same size, shape, and configuration as shown in the plans. If an alternate shape is proposed, it must have a floor area, wall and floor thickness, equal to or greater than that specified. I I The manufacturer shall submit to the Engineer detailed calculations as prepared by a registered professional engineer to verify that the unit has been designed to withstand the burial depth indicated on the plans. Calculations to be sealed with P.E. Seal. Final precast concrete shop drawings to be sealed with P.E. seal, prior to being submitted for Egnineer's review. I I 2.3 MISCELLANEOUS METALS I Miscellaneous metals necessary to complete project are included in this division; specifically but not limited to gratings, platforms, 2-3 I I DIVISION 2: STRUCTURAL Fishers Island Sewer District I steps hatches, aluminum channels, weir plates, shear gates and supports. I Aluminum channels and angles and plates, for steps, brackets, and weir plates to be 6063-T6. I Hatches to be size as shown, aluminum hatch and frame; with stainless steel hardware. I Shear gates shall be designed for use in sewage plants and &hall be spigot end frame, bronze mounted. Wedges that seat the gate shall be bolted on to permit replacement of the wedges without the need to replace the frame. The length of the lifting handle shall be three (3) feet. Shear gates shall be CLaW Model F-3002 or equal I I I I I I I I I I I I I 2-4 I I DIVISION 3: PIPE Fishers Island Sewer District I 3.1 DUCTILE IRON FORCE MAIN I DESCRIPTION: I This item shall consist of furnishing and installing the new sewage force main and fittings of the type, size and length called for on the plans or as ordered, at the locations and to the lines and grades designated on the plans, or as directed by the Engineer, and in conformity with these specifications. Sub structures and incidental construction shall comply with the requirements of these specifications for the various items which constitute the completed structure. This item shall further include the furnishing and installing of bends, elbows and fittings of the type and size shown on the plans, at the location, to the lines and grades designated, or as ordered by the Engineer and in conformance with these specifications. I I I Prior to beginning work, the Contractor will be furnished a construction plan and profile sheet upon which he shall record in a neat form, the actual work performed, using colored pencils. Where actual field construction or existing utilities differ from information on the proposed drawing, the actual work or field condition shall be indicated on the drawings and submitted to the Engineer at the completion of the work or during the construction process for his review. Location of valves and bends will be shown with depth and two measured distances to permanent objects. If for any reason the Contractor is unable or unwilling to provide the record drawing in a fully marked manner at the specified time, the Owner shall obtain the missing information by employment of a Certified Civil Engineer or Land Surveyor. The cost of this employment plus commensurate costs to the Owner shall be deducted from any monies due the Contractor. I I I I The Contractor shall employ a Certified Civil Engineer or Land Surveyor to establish all lines, elevations, reference marks, batter boards needed during the progress of the work, and from time to time to verify such marks by instrument or other appropriate means. The Engineer shall be pemitted to check the lines, elevations, reference marks set by the Contractor, who shall correct any errors in lines, elevations, reference marks disclosed by such check. I I I I Contractor shall make, check and be responsible for all measurements and dimensions necessary for the proper construction of and prevention of misfittings in the work. The Contractor shall furnish, handle, haul, lay, joint, and test all including fittings and appurtenant work, all as indicated on the drawings and as specified. MATERIALS: I The materials for this work shall conform to the following specifications. In additon, all pipe and fittings shall be inspected and tested at the place of manufacture as required by the standard specifications to which the material is manufactured. The Contractor shall furnish in duplicate to the Town sworn certificates of such tests. I I 3-1 I I DIVISION 3: PIPE Fishers Island Sewer District I I Ductile iron pipe shall conform to the requirements of ANSI A2l.5l, Class 51. The pipe shall have a standard thickness cement mortar lining in accordance with ANSI A2l.4. Joints shall be rubber-gasket, mechanical or push-on in accordance with ANSI A2l.ll. I Iron Fittings shall conform to the requirements of AWWA ClIO (ANSI A2l.l0) for a minimum pressure rating of 250 psi. The fittings shall have a standard thickness cement mortar lining in accordance with ANSI A2l.4. Joints shall be rubber-gasket, mechanical or push-on in accordance with ANSI A2l.ll. I I Suitable Bedding ~~terial For Ductile Iron Pipe shall be granular materials, free from rocks over 3 inches and free from any deleterious material, shall be clean, well graded from coarse to fine, and contain less than 5% of particles finer than will pass a No. 200 sieve. Native material shall be approved by the Engineer prior to use. I CONSTRUCTION METHODS I Unless otherwise directed by the Engineer, the force main shall be installed in accordance with the details as shown on the plans and in conformance with these specifications. The trench shall be excavated to the required depth, the bottom of which shall be graded to the elevation of the bottom of the bedding material. If rock is encountered, it shall be excavated to not less than 12 inches below the bottom of the pipe; and this depth shall be refilled with bedding material which shall be thoroughly tamped. Pipe shall be laid with bell ends facing in the direction of laying, unless directed otherwise by the Engineer. I I I From the centerline of the pipe to a point 2 inches above the top of the pipe the backfill shall be placed by hand and hand tamped. Above this point, backfill shall be suitable material from excavation or, if ordered, bank-run gravel. I Handling and Cutting Pipe: The Contractor's attention is directed to the fact that the iron used for pipe and fittings and the cement linings are comparatively brittle. Every care shall be taken in handling and laying pipe and fittings to avoid damaging the pipe and linings, scratching or marring machined surfaces, and abrasion of the pipe coating or lining. I I I Any fitting showing a crack and any fitting or pipe which has received a severe blow that my have caused an incipient fracture, even though no such fracture can be seen, shall be marked as rejected and removed at once from the work. I In any pipe showing a distinct crack and in which it is believed there is no incipient fracture beyond the limits of the visible crack, the cracked portions, if so approved, may be cut off by and at the expense of the Contractor before the pipe is laid so that the pipe used will be perfectly sound. The cut shall be made in the sound barrel at a point at least 12 inches from the visible limits of. the crack. Except as otherwise approved, all cutting shall be done with a machine suitable for cutting ductile iron pipe. Hydraulic squeeze cutters are not acceptable for cutting ductile iron pipe. Travel type cutters and I I 3-2 I I DIVISION 3: PIPE Fishers Island Sewer District I guillotine or rotary type abrasive saws may be used. All cut ends shall be examined for possible cracks caused by cutting. I I The Contractor's attention is directed to the fact that damage to the lining of pipe or fittings will render them unfit for use; he shall use the utmost care in handling and installing lined and coated pipe and fittings to prevent damage. Protective guards shall not be removed until the pipe is to be installed. I I Installing Pipe and Fittings: No defective pipe or fitting shall be laid or placed in the piping, and any piece discovered to be defective after having been laid or placed shall be removed and replaced by a sound and satisfactory piece. I Each pipe and fitting shall be cleared of all debirs, dirt, etc., before being laid and shall be kept clean until accepted in the complete work. Pipe and fittings shall be laid accurately to the lines and grades indicated on the drawings or required. Care shall be taken to ensure a good alignment both horizontally and vertically. Each pipe shall have a firm bearing along its entire length. I I Temporary Plugs: At all times when pipe laing is not actually in progress, the open ends of pipe shall be closed by temporary watertight plugs or by other approved means. If water is in the trench when work is resumed, the plug shall not be removed until all danger of water entering the pipe has passed. I Assembling Push-on-Joint Pipe: Joining of push-on-joint pipe shall conform to the American Water Works Association (Aw~A) Standard Specifications, Designation C600, Section 9C and all amendments thereto. I I If effective sealing of the joint is not attained, the joint shall be disassembled,thoroughly cleaned, a new gasket inserted and joint reassembled. I I The deflection of alignment at a joint shall not exceed the appropriate permissible deflection as specified in the following table: Pipe Deflection Allowances for Push-on-Joint Maximum permissible deflection per length (ins) I 12 ft - Length 16 ft - Length 18 ft - Length 12 . -17 19 I Assembling Mechanical Joint Fittings: Assembling of fittings with mechanical joint ends shall conform to AWWA Standard Specifications C600, Section 9B and all amendments thereto. If effective sealing of the joint is not attained at the maximum torque-indicated therein, the joint shall be disassembled and thoroughly cleaned, then reassembled. Bolts shall not be overstressed to tighten a leaking joint. I I I 3-3 I DIVISION 3: PIPE Fishers Island Sewer District I The deflection of alignment at a joint shall not exceed the appropriate permissible deflection as specified in the following table: I Pipe Deflection Allowances for Mechanical Joint I Maximum Permissible Deflection Per Length (ins.) 12 Ft - Length 16 Ft - Length 18 Ft - Length I 18 24 27 I I SettinR Appurtenances: All valves, fittings and appurtenances shall be set and jointed as indicated on the drawings. I Shop and Working Drawings: As required by the General Specifications, the Contractor shall submit completely detailed shop and working drawings of the piping. Such drawing shall show the piping layouts in full detail, the location of pipe hangers and supports, large scale details of all special castings, and location and type of thrust block or device to prevent joints from pulling apart. The drawings shall be fully dimensioned and contain schedules of all pipe, fittings, special castings and other appurtenances. I Socket Pipe Clamps, Tierods and Bridles: ;fuere necessary, bends, tees and other fittings in pipelines buried in the ground shall be backed up with Class B concrete placed against undisturbed earth where firm support can be obtained. If the soil does not provide firm support, then suitable bridle rods, clamps and accessories to brace the fitting properly shall be provided. Bridles and tierods shall be at least 1 inch in diameter. The socket clamps and tierods or bridles shall be coated with an approved bituminous paint after asembly, or, if necessary, prior to assembly. I I I Cleaning: Prior to the pressure and leakage tests, the plplng shall be thoroughly cleaned of all dirt, dust, oil, grease and other foreign material. This work shall be done with care to avoid damage to linings and coatings. I I I Pressure and LeakaRe Tests Except as otherwise directed, all pipelines shall be given combined pressure and leakage tests in sections of approved length. The Contractor shall furnish and install suitable temporary pipe restraints and bracing testing plugs or caps; all nec- essary pressure pumps, pipe connections, meters, gates, gages and other necessary equipment; and all labor required. The Town shall have the privilege of using their own gages, if. they so desire. I I Subject to approval and provided that the tests are made within a reasonable time considering the progress of the project as a whole, the Contractor may make the tests when he desires. However, pipelines in excavation or embedded in concrete shall be tested prior to the backfilling of the excavation or placing of the concrete. I 3-4 I I DIVISION 3: PIPE Fishers Island Sewer District I Unless it has already been done, the section of pipe to be tested shall be filled with water of approved quality, and all air shall be expelled from the pipe. If blowoffs are not available at high points for releasing air, the Contractor shall make the necessary excavations and do the necessary backfilling and make the necessary taps at such points and shall plug said holes after completion of the test. I I The section under test shall be maintained full of water for a period of 24 hours prior to the combined pressure and leakage test being applied. The pressure and leakage test shall consist of first ra~s~ng the water pressure (based on the elevation of the lowest point of the section under test corrected to the gage location) to a pressure of 150 pounds per square inch (psi). If the Contractor cannot achieve the specified pressure and maintain it for a period of one hour, the section shall be considered as having failed to pass the pressure test. I I I Following or during the pressure test, the Contractor shall make a leakage test by metering the flow of water into the pipe while maintaining in the section being tested a pressure equal to 150 psi. If the average leakage during a two-hour period exceeds a rate of 11.6 gallons per inch of diameter per 24 hours per mile of pipeline, the section shall be considered as having failed the leakage test. I I If the section fails to pass the pressure or leakage test, the Contractor shall do everything necessary to locate, uncover, and repair or replace the defective pipe, fitting, or joint, all at his own expense and without extension of time for completion of the work. Additional tests and repairs shall be made until the section passes the specified test. I I If, in the judgment of the Engineer, it is impracticable to follow the foregoing procedure exactly for any reason, modifications in the procedure shall be made as required and approved, but in any event the Contractor shall be responsible for the ultimate tightness of the line within the above leakage and pressure requirements. I I I I I I I I 3-5 I DIVISION 3: PIPE Fishers Island Sewer District I 3.2 POLYVINYLCHLORIDE SANITARY SEWER PIPE I DESCRIPTION: I This item shall consist of furnishing and installing the gravity sanitary sewer lines and septage distribution lines and fittings of the type, size and length called for on the plans or as ordered, at the locations and to the lines and grades designated on the plans, ot as directed by the Engineer, and in conformity with these specifications. I Prior to beginning work, the Contractor will be furnished a construction plan and profile sheet upon which he shall record in a neat form, the actual work performed, using colored pencils. Where actual field construction or existing utilities differ from information on the proposed drawing, the actual work or field condition shall be indicated on the drawings and submitted to the Engineer at the completion of the work or during the construction process for his review. Location of distribution boxes and bends will be shown with depth and two measured distances to permanent objects. If for any reason the Contractor is unable or unwilling to provide the record drawing in a fully marked manner at the specified time, the Owner shall obtain the missing information by employment of a Certified Civil Engineer or Land Surveyor. The cost of this employment plus commensurate costs to the Owner shall be deducted from any monies due the Contractor. I I I I The Contractor shall employ a Certified Civil Engineer or Land Surveyor to establish all lines, elevations, reference marks, batter boards needed during the progress of the work, and from time to time to verify such marks by instrument or other appropriate means. The Engineer shall be pemitted to check the lines, elevations, reference marks set by the Contractor, who shall correct any errors in lines, elevations, reference marks disclosed by such check. I I I Contractor shall make, check and be responsible for all measurements and dimensions necessary for the proper construction of and prevention of misfittings in the work. I The Contractor shall furnish, handle, haul, lay, joint, and test all pipe including fittings and appurtenant work, all as indicated on the drawings and as specified. I I MATERIALS PIPE, FITTINGS, AND SPECIALS I The polyvinylchloride pipe and fittings shall conform.to ASTM Standard Specification for Type PSM Ploy (Vinyl Chloride) (PVC) Sewer Pipe and Fittings, Designation D3034. The pipe shall have pipe diameter to wall thickness ration (SDR) of a maximum of 35. I Straight pipe shall be furnished in lengths of not more than 13 feet. Specials, if required, shall conform to the specifications for straight pipe insofar as applicable. I I 3-6 I DIVISION 3: PIPE Fishers Island Sewer District I JOINTS I Joints for the polyvinychloride pipe shall be push-on bell and spigot joints using elastomeric ring gaskets. The gaskets shall be securely fixed into place in the balls so that they cannot be dislodged during joint assembly. The gaskets shall be of a composition and texture which is resistant to common ingredients of sewage and industrial wastes, including oils and groundwater, and which will endure permanently under the conditions of the proposed use. The joints shall conform to ASTM Standard Specifications for Joints for Drain and Sewer Platic Pipes using Flexible Elastomeric Seals, Designation D32l2. I I I INSPECTION, TESTS, AND ACCEPTANCE I All pipe delivered to the job site shall be accompanied by test reports certifying that the pipe and fittings conform to the above- mentioned ASTM specifications. In addition, the pipe shall be subject to thorough inspection and tests, he right being reserved for the Engineer to apply such tests as he deems necessary. I All tests shall be made in accordance with the methods prescribed by the above-mentioned ASTM specifications, and the acceptance or rejection shall be based on the test results. I The Contractor shall furnish all labor necessary to assist the Engineer in inspecting the pipe. Pipe will be inspected upon delivery, and such as does not conform to the requirements of this contract such be rejected and shall immediately be removed by the Contractor. I I CONSTRUCTION METHODS HANDLING PIPE I All pipe shall be stored at the site until installation in a manner acceptable to the Engineer which will keep the pipe at ambient outdoor temperatures. Temporary shading shall be provided as required to meet this requirement. Simply covering the pipe or structures which allows temperature build-up when exposed to direct sunlight will not be permitted. I I Each pipe unit shall be handled into its position in the trench only in such manner, and by such means as acceptable to the Engineer. Care shall be taken to avoid damaging the pipe and fittings. I INSTALLATION I Each pipe unit shall be inspected before being installed. No single piece of pipe shall be laid unles it is generally straight. The centerline of the pipe shall not deviate from a straight line drawin between the centers of the openings at the ends of the pipe by more than 1/16 in. per ft. of length. If a piece of pipe fails to meet this requirement for straightness, it shall be rejected and removed from the site. Any pipe unit or fitting discovered to be defective either before or after installation shall be removed and replaced with a sound unit. I I I 3-7 I DIVISION 3: PIPE Fishers Island Sewer District I I Except as otherwise indicated on the drawings, the pipe shall be supported by 6" minimum of 3/8 inch to 3/4 inch crushed stone or sand. No pipe or fitting shall be permanently supported on saddles, blocking, or stones. I Suitable bell holes shall be provided, so that after placement, only the barrel of the pipe received bearing pressure from the supporting material. I I All pipes and fittings shall be cleared of all debris, dirt, etc., before being installed and shall be kept clean until accepted in the completed work. I Pipe and fittings shall be installed to the lines and indicated on the drawings or as required by the Engineer. taken to ensure true alignments and gradients. grades Care shall be I I Before any joint is made, the previously installed unit shall be checked to assure that a close joint with the adjoining unit has been maintained and that the inverts are matched and conform to the required grade. The pipe shall not be driven down to the required grade by striking it with a shovel handle, timber or other unyielding object. I All joint surfaces shall be cleaned. Immediately before jointing the pipe, the bell or groove shall be lubricated in accordance with the manufacturer's recommendation. Each pipe unit shall then be carefully pushed into place without damage to pipe or gasket. Suitalbe devices shall be used to force the pipe units together so that they will fit with a minimum open recess inside and outside and have tightly sealed joints. Care shall be taken not to use such force as to wedge apart and split the bell or groove ends. I I Joints shall not be "pulled" or "cramped" unless permitted by the Engineer. I I Where any two pipe units do not fit each other closely enough to enable them to be properly jointed, they shall be removed and replaced with suitable units and new gaskets. I Details of gasket installation and joint assembly shall follow the directions of the manufacturers of the joint material and of the pipe, all subject to review by the Engineer. The resulting joints shall be watertight and flexible. I After each pipe has been properly bedded, 3/8 inch to 3/4 inch crushed stone or sand shall be placed 12 inches on each side and above the pipe, and enclosed by filter fabric (Mirafi 140, Dupont Typar or equal), clear sand or gravel may be substituted for filter fabric if approved by the Engineer. See Standard Trench Detail. The Contractor shall take all necessary precautions to prevent flotation of the pipe in the trench. I I I 3-8 I DIVISION 3: PIPE Fishers Island Sewer District I At all times pipe installation is not in progress, the open ends of the pipe shall be closed with temporary watertight plugs, or by other acceptable means. I I If water is in the trench when work is to be resumed, the plug shall not be removed until suitable provisions have been made to prevent water, earth or other substances from entering the pipe. I Pipelines shall not be used as conductors for trench drainage during constuction. ALLOWABLE PIPE DEFLECTION I Pipe provided under this specification shall be so installed as to not exceed a maximum deflection of 3.5 percent. Such deflection shall be computed by multiplying the amount of deflection (nominal diameter less minimum diameter when measured) by 100 and dividing by the nominal diameter of the pipe. I I I Upon completion of a section of sewer, including placement and compaction of backfill, the Contractor shall measure the amount of deflection by pulling a specially designed gage assembly through the completed section. The gage assembly shall be in accordance with the recommendations of the pipe manufacturer and be acceptable to the Engine er . I CLEANING I Care shall be taken to prevent earth, water, and other materials from entering the pipeline. As soon as possible after the pipe and manholes re completed, the Contractor shall clean out the pipeline and manholes, being careful to prevent soil, water, and debris from entering any existing sewer. I LEAKAGE TESTS I The pipeline shall be made as nearly watertight as practical, and leakage tests and measurements shall be made after the pipeline has been backfilled. I Various methods for testing are outlined herein. However while these methods can be used by the Contractor during the laying of the pipe for his convenience, the exfiltration (hydrostatic) test will be used for final inspections. I I At the time of the test, the Contractor shall determine the groundwater elevation from observation wells, excavations or other means, all subject to review by Engineer. I For making the low-pressure air tests, the Contractor shall use equipment specifically designed and manufactured for the purpose of testing sewer pipelines using low-pressure air. The equipment shall be provided with an air regulator valve or air safety valve so set that the internal air pressure in the pipeline cannot exceed 8 psig. I I 3-9 I DIVISION 3: PIPE Fishers Island Sewer District I I The leakage test using low-pressure air shall be made on each manhole-to-manhole section of pipeline after placement of ~he backfill. I Pneumatic plugs shall have a sealing length equal to or greater than the diameter of the pipe to be tested. Pneumatic plugs shall resist internal test pressures without requiring external bracing or blocking. I I All air used shall pass through a single control panel. Low- pressure air shall be introduced into the sealed line until the internal air pressure reaches 4 psig. greater than the maximum pressure exerted by groundwater that may be above the invert of the pipe at the time of the test. However, the internal air pressure in the sealed line shall not be allowed to exceed 8 psig. When the maximum pressure exerted by the groundwater is greater than 4 psig., the Contractor shall conduct only an infiltration test. I I At least two minutes shall be allowed for the air pressure to stabilize in the section under test. After the stabilization period, the low-pressure air supply hose shall be quickly disconnected from the control panel. The time required in minutes for the pressure in the section under test to decrease from 3.5 to 2.5 pisg. (greater than the maximum pressure exerted by groundwater that may be above the invert of the pipe) shall not be less than that shown in the following table: I I Pipe Diameter In Inches Minutes I 6 8 10 12 15 3.0 4.0 5.0 5.5 7.5 I For making the infiltration and exfiltration tests, the Contractor shall furnish suitable test plugs, water pumps, and appurtenances, and all labor required to properly conduct the tests on sections of acceptable length. I I For making the infiltration tests, underdrains, if used, shall be plugged and other groundwater drainage shall be stopped to permit the groundwater to return to its normal level insofar as practicable. I Upon completion of a section of the sewer, the Contractor shall dewater it and conduct a satisfactory test to meaSUTe the infiltration for at least 24 hours. The amount of infiltration, including manholes, . tees, and connections, shall not exceed 200 gal. per in. diameter per mile of sewer per 24 hours. I I For making the exfiltration tests, the sewers shall be subjected to an internal pressure by plugging the pipe at the lower end and then filling the pipelines and manholes with clean water to a height of 2 ft. above the top of the sewer at its upper end. Where conditions between manholes may result in test pressures which would cause leakage at the stoppers in branches, provisions shall be made by suitalbe ties, braces, I I 3-10 I DIVISION 3: PIPE Fishers Island Sewer District I and wedges to secure the stoppers against leakage resulting from the test pressure. I I The rate of leakage from the sewers shall be determined by measuring the amount of water required to maintain the level 2 ft. above the top of the pipe. I Leakage from the sewers under test shall not exceed the requirements for leakage into sewers as hereinbefore specified. The Contractor shall construct weirs or other means of measurements as may be required. I Suitable bulkheads shall be installed as required, to permit the test of the sewer. I Should the sections under test fail to meet the requirements, the Contractor shall do all work of locating and repairing the leaks and retesting as the Engineer may require without addition compensation. I I If, in the judgement of the Engineer, it is impracticable to follow the foregoing procedures for any reason, acceptable modifications in the procedures shall be made as required, but in any event, the Contractor shall be responsible for the ultimate tightness of the line within the above test requirements. I I I I I I I I I I 3-11 I DIVISION 4: SUBMERSIBLE PUMPING STATION Fishers Island Sewer District I 4.1 GENERAL I I It is the intention of these specifications that the pump station including the valve pit, wet well and all equipment therein and connected to be provided as a package by a single manufacturer such as Boydco, Inc., Carlgen, Inc., or an approved equal. I The valve pit and wet well shall be a preassembled, pretested station with appurtentant equipment. The station shall be provided by a manufacturer engaged in preassembled concrete pump stations. The manufacturer shall have the plant and facilities deemed by the Engineer and Owner as capable of meeting these specifications. I I The principle items of the pumping unit shall include two submersible centrifugal sewage pumps and motors; guide rails, wet well access, discharge seal and elbow, and all hardware; motor control center with thermal magnetic circuit breakers, magnetic motor starters, and automatic liquid level control system to make a complete working system. Submersible pumps and motors shall be designed specifically for raw sewage use, including both dry, partially submerged and fully submerged operation. The pump shall be capable of running dry for extended periods without damage to pump, seals or motor. I I 4.2 PREFABRICATED WET WELL AND VALVE PIT I The precast wet well and valve pit shall be subject to the requirements of Division 2.2 Precast concrete modules.The interior walls of the valve pit shall be treated with a cementatious coating followed by two (2) coats of Koppers Glamorglaze 200, Oyster White or equal. The below grade exterior of the entire pump station shall be given two (2) coats of Koppers Bitumastic No. 300 M or equal. Exterior concrete above grade shall be given two (2) coats of Koppers Glamorglaze, Oyster White or equal. I I The various modules shall be marked for proper alignment in the manufacturer's facility. The joints between the modules shall be sealed for maximum water-tightness with a field-formed butyl rubber system as set forth in the specifications. Rubber "0" rings or grout will be acceptable for the wet well only. The Contractor shall be responsible for assuring at the time of acceptance of the precast units that they are suitable for construction of water tight valve pit and wet well. All openings in the structure to be cast during the fabrication of the units. I I I Floor slope I Val ve pit floor shall be sloped to drain. The slope shall be 1/8" per foot minimum. I Field-Formed, Joint Sealant System I The joint sealant system shall consist of a partially vulcanized butyl rubber sealant compressed between the joint sections. Specifications for the components of this system shall be as follows: I 4-1 I I I I I I I I I I I I I I I I I I I DIVISION 4: SUBMERSIBLE PUMPING STATION Fishers Island Sewer District (a) Butyl Rubber Sealant - Shall meet Federal Spec. SS-S-00210 Butyl Rubber % by Weight Inert Mineral Filler % by Weight Free Carbon % by Weight Volatile Matter % by Weight (Loss after 5 hrs. at 325 degrees F) Sp. Gr. at 77 degrees f Ductility at 77 degrees F Softening Point degrees F Penetration at 77 degrees F Sag or flow Resistance Min. 50 30 Max. 70 50 15 2 1.20 5.0 320 50 None 1.35 120 None Aluminum channels and angles and plates, for steps, brackets, and weir plates to be 6063-T6. Hatches to be size as shown, aluminum hatch and frame; with stainless steel hardware. 4.3 PUMPS The pump must have the necessary characteristics and be properly selected to deliver 180 GPM against a total dymanic discharge head of 40 feet at a maximum pump speed of 1750 rpm. Minimum shut off head shall be 55 feet. Minimum efficiency at duty point shall be 55%. The pump/motor unit must be non-overloading across the complete head/capacity range of the pump. Construction: Castings shall conform to ASTM A-48 Class 30 iron with tensil strength of 30,000 psi and capable of withstanding hydrostatic test pressure 1 1/2 times maximum working pressure. All assembly points shall be of machine register fit to assure proper alignment. All exposed fasteners and lock washers shall be of 316 stainless steel. 1. Casing: Casing shall be close-grained cast iron of sufficient strength, weight and thickness to insure long life, accurate alignment, and reliable operation. Volute shall have smooth fluid passages large enough at all points to pass any size solid which can pass through the impeller and provide smooth unobstructed flow. A large clean-out opening with removable cover, having its interior surface matching the volute contour, shall be located on the casing. Discharge connections shall be ANSI 125-pound flat face flanges. - 2. Impeller: Impeller shall be single-suction enclosed cast in one piece. Impeller shall be particularly designed with smooth water passages to prevent clogging by stringy or fibrous materials, and shall be capable of passing solids having a maximum sphere size of 3". Impeller shall be dynamically and hydraulically balanced. Impeller shall be keyed and secured to the shaft by a stainless steel cap- 4-2 I I I I I I I I I I I I I I I I I I I DIVISION 4: SUBMERSIBLE PUMPING STATION Fishers Island Sewer District screw and washer, and shall be readily removable without the use of special tools. The impeller shall be of the non-clog type. Impeller shall be of ductile or gray cast iron. 3. Shaft Seals: The pump shaft shall be sealed against leakage by a double mechanical seal of tungsten-titanium carbide. The mechanical seal shall be lubricated with oil from an'oil filled reservoir between pump and motor; the oil serving, as both lubricating and a cooling media. The seal system shall not rely on the pumped media for lubrication. The pump shall be capable of running dry for extended periods without damage to pump, seals or motor. The oil chamber shall contain a seal failure warning sensor for detecting the presence of moisture. If water enters the oil chamber the sensor shall energize an alarm circuit and shut down the motor. The alarm shall have a manual reset only. 4.4 PUMP MOTOR Each pump shall be provided with a squirrel cage induction motor designed in accordance with NEMA and AIEE standards suitable for operation in Class I, Group D hazardous locations. The submersible pump motor shall be 4.5 HP, three phase with motor and pump furnished as an integral unit. Motor shall be of air filled type with Class B insulation system and Class F materials rated for continuous duty in 40 degree C liquids. Motor frame and end shields shall be or corrosion-resistant cast iron with stainless steel hardware and shaft. All static seals for moisture exclusion shall be of "0" ring type. Motor bearings shall be prelubricated at the factory and have a minimum B-lO life of 15,000 hours. The motor shall be rated thermally to Nema MGl-12.42 and thermally protected by means of a thermostatic switch in stator windings. The oil filled seal chamber shall contain a moisture sensing probe through which signs of impending seal failure may be signalled to the motor control center. Motor shall have an internal pressure capability of 200 PSI. Electrical leads shall be primarily sealed with a molded neoprene compression grommet and a secondary moisture seal shall be provided by cast epoxy material, encapsulating splice connectors in the motor end ' bell.. Pump motor power cords shall be designed for flexibility and seviceability under conditions of extra hard usage and shall meet the requirements of the Mine Safety and Health Administration for trailing cables. Ground fault interuption protection shall be used to deenergize the circuit in the event of any failure in the electrical integrity of the cable. Power cord terminal fittings shall be corrosion resistant and constructed in such a manner to prevent the entry of moisture into the cable, shall be provided with strain relief appurtenances and shall be designed to facilitate field connecting. 4-3 I I I I I I I I I I I I I I I I I I I DIVISION 4: SUBMERSIBLE PUMPING STATION Fishers Island Sewer District 4.5 PUMP REMOVAL SYSTEM Each pump shall be furnished with a discharge connection system which will permit removal and installation of pump without the necessity of an operator entering the wet well. The submersible pumps shall be readily removeable without dewatering the wet well or disconnecting any piping in the wet well. A minimum 1/4" diameter stainless steel braided wire lift cable shall be permanently attached to the pump. Provision shall be made for attaching upper end of this cable to the wet well access frame. All bolts, machine screws, nuts, washers, and lockwashers for complete assembly of access cover, guide rails, and discharge elbow shall be furnished by manufacturer in 316 stainless steel~ 4.6 WET WELL ACCESS The wet well access shall be fabricated from welded aluminum sections. A hinged aluminum door shall be provided for each pump. Hinged door shall be fabricated from 1/4" thick aluminum with non-skid diamond tread on upper surface. All hardware on access assembly shall be stainless steel with flush upper surface without protrusions. Door shall be fitted with a recessed latch requiring a special square tool for access. 4.7 CONTROLS Electrical power to be furnished to the site will be three phase,60 Hertz, 460 volts. The control circuitry shall be designed to operate on 115+/- 10% volts, 60 Hertz, single phase current, and control two (2) pumps driven by 4.5 H.P. motors at maximum speed of 1750 RPM. The control panel shall consist of circuit breaker and magnetic starter for each pump motor actuated by a liquid level control system with all components mounted in one common enclosure. The control assembly shall provide means to operate each pump manually or automatically. When operated in the automatic mode, the control assembly shall provide means to automatically alternate the position to the "lead" and "lag" pumps after each pumping cycle. The complete control assembly shall be mounted in one electrical enclosure which is large enough to contain all control components. OPERATION A mercury float switch type liquid" level control system shall " continuously monitor wet well liquid level and control operation of the pumps according to level variations. The system shall actuate pump motors on an alternating "lead" - "lag" basis, with idependently adjustable lead pump and lag pump start levels. One pump motor shall be actuated when wet well liquid rises to pre- set "lead pump start" level, and shall be shut down when wet well liquid has been pumped down to the pre-set "stop" level. If, after the lead pump motor has been actuated, wet well liquid continues to rise and 4--4 I I I I I I I I I I I I I I I I I I I DIVISION 4: SUBMERSIBLE PUMPING STATION Fishers Island Sewer District reaches the pre-set "lag pump start" level, second pump motor shall be actuated and both pump motors shall continue to operate in parallel until wet well liquid falls to pre-set "stop" level for the lag pump. The lead pump shall continue to operate until the wet well level falls to the preset "stop" level for the lead pump. "Lag" pump operation shall be independent of "lead" pump operation. Curcuitry which provides "lag" pump operation contingent on proper "lead" pump circuit operation shall not be accepted. PANEL ENCLOSURE The complete control assembly shall be contained in one weatherproof enclosure fabricated of steel having a minimum thickness of not less than .078 inches (14 gauge). All seams shall be made with continuous welds, free of burrs, and free of open voids to prevent leakage. The enclosure shall be constructed in conformance with applicable sections of the National Electrical Manufacturer's Association (NEMA). Enclosure construction to be Nema 3R and Nema 12 per Nema Standards ICS-1970, Para. ICSI-llO.12 and ICS1-IIO.21. The enclosure shall be weatherproof, rain tight, dustproof, and oil tight. The enclosure shall be equipped with a removable inner swing panel fabricated of steel having a minimum thickness of .078 (14 gauge), mounted on a continuous (piano-type) vertical steel hinge. The inner swing panel shall be of adequate size to completely cover all wiring and components mounted on the back panel and shall make provisions for the mounting of all basic and optional controls and instruments. The inner swing panel shall have a minimum horizontal swing of 90 degree and shall be held in the closed position with straight slot screws. The door shall be mounted on a continuous (piano-type), vertical, stainless steel hinge, sealed around its entire perimeter to be completely weatherproof, and held in the closed position with a three (3) point latching mechanism equipped with a watertight key lock. The door shall have a minimum horizontal swing of 165 degrees. The enclosure shall be furnished with a removable back panel fabricated of steel having a miminum thickness of .106 inches (12 gauge), secured to the enclosure on collar studs. The back panel shall be of adequate size to accommodate all control components. The enclosure shall be furnished with baked-on white enamel finish on all surfaces, and shall be equipped 'with flanges to facilitate mounting. There shall be no holes in the enclosure for mounting the enclosure or mounting controls within the enclosure. ffiMPONENTS All motor branch circuit breakers, motor starters and control relays shall be securely fastened to the removable back panel with screws and lock washers. Back panel shall be tapped to accept all mounting screws. Self-tapping screws shall not be used to mount any 4-5 I I I I I I I I I I I I I I I I I I I DIVISION 4: SUBMERSIBLE PUMPING STATION Fishers Island Sewer District component. A mechanical disconnect mechanism shall be installed on each circuit breaker to provide a means of disconnecting power to the pump motors. Operator handles for the disconnect mechanisms shall be located on the exterior of the inner swing panel with interlocks which permit the swing panel to be opened only when the circuit breakers are in the "OFF" position. An open frame, across-the-line NEMA rated, magnetic motor starter as manufactured by Allen Bradley or approved equal, shall be furnished for each pump motor. All motor starters shall be equipped to provide under-voltage release and overload protection on all three phases. Motor starter contacts shall be easily replacable without removing the motor starter from its mounted position. Overload relays shall be manual reset and shall not provide means for converting to automatic reset. Pump alternator relay shall be of electrical/mechanical industrial design, as manufactured by Furnas Electric, or approved equal. MOTOR HIGH TEMPERATURE SHUTOOWN The control shall be equipped with high temperature shutdown for each motor and shall utilize the temperature switches embedded in the motor windings. In a high motor temperature condition, the switch shall open, de-energize the motor starter and stop the pump motor. The high motor temperature shutdown device shall be automatic reset. SEAL FAILURE SHUTDOWN The control panel shall be equipped with a moisture detector control for each pump which senses moisture in the oil cavity should the lower seal fail. Sensor probes located in the oil cavity shall detect the influx of moisture and disrupt the motor starter circuit of the particular pump involved. Should this condition occur, the pump motor shall remain inoperative until the problem is corrected and the control circuit has been manually reset. HIGH WATER ALARM A high wet well level alarm shall be provided through mercury float switch and shall be independently adjustable. In event the high water alarm level in the wet well is reached, a signal relay shall be actuated. The signal relay shall employ an indicator visible on the front of the motor controL center and shall maintain the alarm signal until manually reset. RUN LIGHTS The motor control center shall have a pilot light for each pump motor which shall illuminate when the motor is running. ELAPSED TIME METERS 4-6 I I I I I I I I I I I I I I I I I I I DIVISION 4: SUBMERSIBLE PUMPING STATION Fishers Island Sewer District Elapsed time meters shall be mounted and wired to each pump motor in hours and meter shall be 6-digit non-resettable. in the motor control center tenths of hours. Elapsed time MOTOR OVERLOAD RESET PUSHBUTTON An overload reset pushbutton shall be mounted through the door of the motor control center and permit resetting of the motor overload relays without opening the control pan door. PUMP SEQUENCE SELEcrOR SWITCH A 3-position toggle switch shall be provided which shall override the automatic alternator and provide manual selction of either pump No. 1 or No. 2 as the lead pump. DUPLEX RECEPTACLE The motor control center shall be equipped with a duplex grounding receptacles (220 Volt and 115 Volt, A.C.). The receptacle circuit shall be protected by a 15 ampere thermal magnetic circuit breaker. . ALARM HORN Lift statin manufacturer shall furnish a 115 Volt, A.C., single projector, vibrating type horn with weatherproof housing. ALARM LIGHT Lift statin manufacturer shall furnish 115 Volt, A.C. 100-watt, vapor-tight alarm light with red globe, guard and mounting hardware. The contractor shall mount, wire and run conduit to the light as shown on the plans. AUXILIARY CIRCUIT BREAKER The panel shall be equipped with one thermal/magnetic, 20 ampere, manually operated normal duty, air circuit breakers, Series HQCL as manufactured by Westinghouse or approved equal, with an asymmetrical interruping rating of 10,000 amperes at 120/240 volts, A.C. AUXILIARY POWER TRANSFORMERS .The lift station shall be.equipped with a 5 KVA stepdown transformer to supply 220& 115 Volt, A.C., single phase for control and auxiliary circuits. The transformer shall be mounted inside the pump control panel. The primary side of the transformer shall be protected by a thermal magnetic circuit breaker mounted in the motor control center. A mechanical disconnect mechanism shall be installed on the circuit breaker to provide a means of disconnecting power to the transformer. Operator handle for the disconnect mechanism shall be located on the exterior of the motor control center inner door, with interlocks which permit the door to be opened when the circuit breaker is in the "OFF" position. 4-7 I I I I I I I I I I I I I I I DIVISION 4: SUBMERSIBLE PUMPING STATION Fishers Island Sewer District WIRING The lift station shall be completely wired in accordance with applicable wiring standards set forth by the National Electric Code (NEC). All wiring in the lift station shall be color coded and numbered. All components shall be electrically grounded to a common ground lug mounted on the control panel sub plate. Upon inatallation of lift station, and before connection of any power feeder lines, contractor shall extend grounding wire from lug to external ground in accordance with local electrical code. 4.8 OPERATIONAL TEST The pumps, motors and controls shall be given an operational test in accordance with the standards of the Hydraulic Institute. Recordings of the test shall substantiate the operation of the equipment at the design head, capacity, speed and horsepower as herein specified. Tests shall consist of checking the unit at its rated speed, head, capacity, efficiency and brake horsepower, and at such conditions of head and capacity to properly establish the performance curve. Flow measurements shall be made with magnetic flow meter. Proof of meter accuracy shall be provided by discharging into a calibrated tank traceable to the Bureau of Standards. Certified copies of test reports, and operating curves shall be submitted. The Standards of the Hydraulic Institute shall govern all procedures and calculations for these tests. Five sets of certified pump curves shall be furnished to the Engineer. 4.9 INSTALLATION AND OPERATING INSTRUCTIONS Installation of pumping unit and related appurtenances shall be done in accordance with written instructions provided by the manufacturer. The Contractor shall furnish three (3) complete sets of installation, instruction and maintenance manuals for the pumping station and all appurtenant and related equipment supplied under these specifications. The manual a shall be bound and complete and specific for every piece of equipment furnished under this section of the specifications. General information brochures will not be acceptable. Spare Parts: The Contractors attention-is directed to Section * which lists the spare parts which are to be provided as part of this Contract. 4.10 - GUARANTEES I I I I The manufacturer shall guarantee the pump station and components for eighteen months after written final acceptance. The Contractor shall furnish the services of a qualified representative from the company manufacturing the pump station, assist the contractor to install, adjust, test and start the operation of the pump station in Conformance with the Contract Documents; this representative shall further guarantee the operation of the pump 4-8 I DIVISION 4: SUBMERSIBLE PUMPING STATION Fishers Island Sewer District I I I I I I I I I I I I station, and shall include service for eighteen months after acceptance by the Owners, the above service shall be available twenty-four (24) hours a day, seven (7) days a week for the above eighteen (18) month period. The above service contract shall be included in the price bid for the pump station. 4.11 INTERIOR PIPING Ductile Iron Pipe: Ductile iron pipe (DIP) shall be Class 50 (unless otherwise noted) cement lined pipe with a rated working pressure of 350 psi and shall conform to ANSI Specification A21.51. The cement lining shall be standard thickness and shall be in accordance with ANSI Specification A21.4. The interior seal coat shall be of asphaltic material. Cast iron pipe fittings shall conform to ANSI A21.10 and have a rated working pressure of 250 psi. Drilling and facing of flanges shall be in accordance with the requirements under USAS Specification B16.1, 125 lb. flanges. Style 38 Dresser Couplings and Style 128 Dresser Flange Adaptors shall be used where indicated on the Contract Drawings. Ductile iron pipe and cast iron fittings shall have standard flanged joints. All pipe supports and appurtenances shall be primed and painted . with Koppers Glamortex #501 enamel paint #306 Light Grey. Piping Supports: Contractor shall furnish and install all supports necessary to hold piping appurtenances in a firm substantial manner at lines and grades indicated on drawings or as directed, without strain upon piping or connected equipment. Piping within valve pit shall be supported from floor by approved saddle stands or suitable concrete piers, as indicated or approved. I I I I I I Where indicated on drawings or where necessary, suitable bridle rods and rod collars or hooks or lugs cast on pipe shall be used to prevent joints from pulling apart. Bridle rods shall be of not less than 1/2" stock. The entire assembly of interior p~p~ng shall be tested after adequately supporting it as per the Contract Drawings. For test Contractor shall, by pumping, raise water pressure to a minimum of 100 pounds per square inch. If Contractor cannot achieve specified pressure and maintain it. for a period of one hour, section under test .shall be considered as having failed to pass test. If in judgment of Engineer, it is impractical to follow foregoing procedure exactly for any reason, required modifications in procedure shall be made; but in any event, Contractor shall be responsible for ultimate tightness of line within above requirements. A 1/2" IPS tap in the discharge pipes shall be supplied for gauges. 4-9 I DIVISION 4: SUBMERSIBLE PUMPING STATION Fishers Island Sewer District I I I I I I I I I I I 4.12 VALVES AND GATES: All valves furnished under these specifications shall be product of a manufacturer who has had long experience in design of valves and whose products have proven reliable in service in similar installation over reasonable period of years. 1. Plug Valves: Valves shall be of the non-lubricated, eccentric type with resilient faced plugs, flanged, or mechanical joint ends as shown on the plans. Port areas shall be at least 80% of full pipe area. Bodies shall be semi-steel with raised seats. Seats shall have a welded-in overlay of not less than 90% pure nickel on all surfaces contacting the plug face. Valves shall have stainless steel permanently lubricated upper and lower plug stem bushings. Valves shall be of the bolted bonnet design. Flange valves shall be faced and drilled to ASA 125# standard and shall have face to face dimensions of standard gate valves. Valves and actuators shall have seals on all shafts, and gaskets on valve and actuator covers, to prevent the entry of water. Actuator mounting brackets for submerged service shall be totally enclosed and shall have gasket seals. All exposed nuts, bolts, springs and washers shall be stainless steel. . Valves and actuators shall be as manufactured by DeZurik Corporation or approved equal. 2. Check Valves: Check valves shall be constructed with heavy cast iron body and bronze renewable seat ring, a non-corrosive shaft for attachment of weight and lever, and complete non-corrosive cushion chamber. They shall have adjustable oil cushions to provide controlled closing. I The valve disc shall be of cast iron and shall be suspended from a non-corrosive shaft which will pass through a stuffing box and be connected to the cushion chamber on the outside of the valve. I I I I I I The check valve shall prevent the return of water through the valve when the inlet pressure decreases below the delivery pressure. The valve must be tight seating, and must operate without hammer or shock. The externally mounted cushion chamber shall have a piston, which will permit the valve to be operated without any hammering action. The cushioning shall be by oil, and the cushion chamber shall be so arranged that the closing speed will be adjustable to meet the service requirements. The check valves shall be Golden-Anderson Valve Specialty Company Fig. No. 25 DXH or approved equal. 4.13 GAUGES Gages, equal to Ashcroft model 1010 with 4 1/2" dial face reading from 0 to 30 psi for the discharge, shall be furnished for each raw 4-10 I I I I I I I I I I I I I I I I I I I DIVISION 4: SUBMERSIBLE PUMPING STATION Fishers Island Sewer District sewage pump. Gages shall be supplied with diaphram seal units equal to Helicoid No. 2518. Discharge piping shall be tapped with 1/2" tap, and gage shall be supplied with 1/2" gate valves. Gages shall be supplied with pressure snubbers and tee handle cocks suitable and be attractively labeled. 4.14 TRIPOID AND HOIST A portable tripod and hand hoist shall be provided. The tripod shall be aluminum, have a capacity of 3,000 lbs. and be capable of adjustment from 5 feet to 9 feet of height. The tripod shall be furnished with rubber base pads, and a lashing kit. The hoist shall be a B.E. Wallace Products Inc., Box 70, Exton, PA. 19341 or equivalant. The hand hoist shall be a 1 ton chain eM Satellite, B.E. Wallace Products Inc. or equivelant. The hook to hook distance shall be 14" or less. 4.15 FINISHES 1. General: The Contractor shall examine the specifications and drawings for the various trades, thoroughly familiarize himself with all of the provisions in connection with painting and finishing and shall under- stand that all materials and equipment throughout the work which obviously requires painter's finish, and which are left unfinished by others, shall be painted to completion by the Contractor as a part of the work. The paint suppliers recommendation for preparation and priming shall be utilized. The Engineer shall approve the preparation prior to painting. 2. Work included: All labor, materials, and equipment, whether of a permanent or temporary nature, and all operations necessary and required in connection with painting and finishing of all surfaces and items as indi- cated on the drawings, specified herein or evidently required to complete the work. 3. Work not included: (i) Finished Items: Mechanical equipment including the pump station controls and other items prefinished in the shop by the fabricators will not require a field finish, unless otherwise specified herein. (ii) Galvanized ferrous metals, copper, stainless steel, tile, glass, plastics and aluminum surfaces generally are not to be painted. 4. Materials:. (i) General: Materials are designated herein by reference to products of the Koppers Co. Inc., to establish the type and quality required. Such designations are not restricted exc~pt as to type and quality. Similar and equal products as manufactured by DuPont, Pratt and Lambert, Touraine or other manufacturer approved by the Engineer will be given consideration as a substitute. If the Conractor wishes to use materials of one of the other named or approved manufacturers, he shall make his request for such substitutions in writing to the Engineer and 4-11 I I I I I DIVISION 4: SUBMERSIBLE PUMPING STATION Fishers Island Sewer District receive the written approval of the Engineer. Substitutions will be considered only if a product-for-product listing in at least as much details as the listing below is submitted. The Engineer reserves the right to request and receive detailed technical literature of each proposed substitution before approving any alternatives. When a material of a different generic type is proposed, the Contractor shall also state his reasons for offering such material. I I I I I I I I I I I I I I (ii) Guarantee of Products Procedures: It will be the Contractor's obligation to guarantee his workmanship and to obtain from the manu- facturers, guarantees of the products. Such guarantees shall state the products used will adhere to the surface without peeling and cracking, scaling, alligatoring, blistering, or fading for a period of at least one year from the date of acceptance of the painting work. Upon witten notice of paint failure by any of the above, or similar reasons, the Contractor shall remove any loose or scaling paint, and repaint the surface without additional cost to the Owner. Should the Contractor have any reservation that the product specified will not perform as intended, he shall so notify the Engineer and shall not proceed with the work until agreement is reached on mutually acceptable products. (iii) Samples: Samples of each type and color of finish shall be made .on the types of surface as specified to receive the finish.coat. The finished work shall closely match the color and quality of the approved samples. The samples shall be approved by the Engineer prior to use. 5. Isolation of Aluminium: Where the aluminum is to be used in con- junction with masonry, treated wood, or more noble metals, direct contact between the two materials shall be prevented by painting the contact surfaces with bituminous paint, unless otherwise noted. 6. Color Code: Piping and equipment exposed to view, both interior and exterior, shall be color coded. Engineer shall establish such codes prior to starting painting work. In general, color codes shall be as suggested in "Guides for Sewage Works Design" published by the N.E. Interstate W.P.C.C. The following Legend shall be use: Light Grey Motors, piping, valves, pumps, supports, and appurtenant facilities Stenciled identification letters and arrows Ceilings and Valve pit walls #306 #321 #311 High Gloss Black White The function of all piping' shall be stenciled in' Black Enamel 1" high letters, and the direction of flow indicated by stenciled' black arrows. 7. Painting: be painted with the the paint producer; Engineer. The facilities and components of the pump station shall following paints and to the thickness recommended by such as Koppers Inc. or' equal, and approved by the Interior concrete and ceilings Piping, valves, pumps, manlift and related components Epoxy Glamorglaze Glamor glaze 4-12 I I I I I I I I I I I I I I I I I I I DIVISION 4: SUBMERSIBLE PUMPING STATION Fishers Island Sewer District Exterior - above grade Wet-well Vats to high water level Glamorglaze Bitumastic 300-M 4.16 MISCELLANEOUS EQUIPMENT Spare parts, tools, materials and lubricants: The Contractor shall provide all spare tools for the pumps and other equipment as specified herein. The Contractor shall furnish the following spares in addition to those specified elsewhere herein. For EACH Pump: (2 pumps total) 1 set mechanical seals 1 set "0" rings and gaskets 1 set bearings 1 impeller screw, key & gasket 4-13 I I I I I I I I I I I I I I I I I I I DIVISION 5: GENERATOR Fishers Island Sewer District 5.1 DIESEL FUELED STANDBY GENERATOR SET INDEX ParaRraph Section 1. Intent Rating Bidder Supplied Information Engine Type Cooling System Exhaust System Fuel System Engine Lubrication System Engine Governing System Starting System Battery Charging Heaters, Cold Weather Generator Construction Generating Rating. Generator Voltage Regulator Generator Control Panel Testing Warranty, 0 & M Manuals Unit Sound Enclosures Automatic Transfer Switch 2. 3. I. GENERAL PROVISIONS AND REQUIREMENTS 1. Intent It is the intent of these specifications to furnish and install 30 KW diesel generator set of the best industry standars of construction and design. Each generator shall be a new, factory assembled, and a fully tested set of certified output. Approved manufactures are Katolight Corporation, Alturdyne, OMAN, Power Systems, or a fully approved equal. The engine generator set will be supplied with all the necessary accessories and controls to meet the intent of these specifications and to provide a complete engine generator system. Any major exception to this specification will be sufficient cause for rejection. (a) The generator set shall be mounted on spring-flex isolators. Rating The engine generator set will be operated outdoors at altitude not exceeding 500 feet above sea level. The maximum outside ambient sill be 100 degrees F. The engine generator set will start,. accelerate to governed speed and voltage, and accept full load in 10 seconds or less. The rating of the set will be based on operation with all power consuming accessories in operation, such as cooling fan, jacket water pump, lube oil pump, air cleaner, exhaust muffler, battery charging generator, and A.C. generator with exciter. 5-1 I I I I I I I I I I I I I I I I I I I DIVISION 5: GENERATOR Fishers Island Sewer District (a) The generator set shall deliver its rating continuously for the duration of any normal power failure. (b) The set rating shall be 30 KW continuous and 37.5 KW standby. Bidder Supplied Information (a) Current applicable literature completely describing the engine generator set and all accessories. (b) One (1) reproducible plus six (6) copies of all mechanical and electrical drawings. (c) Furnish the following information: 1. Engine manufacturer and model 2. Number of cylinders/in line or vee 3. Bore and stroke/piston speed @ rated rpm 4. Displacement in cubic inches 5. Brake Mean Effective Pressure (BMEP) @ rated load 6. Generator design capacity in KW, KVA and P.F. 7. NEMA MG 1-22.240 temperature rise and rating 8. Number and type of generator bearings 9. Type of generator exciter II. ENGINE REQUIREMENTS 1. Engine Type (a) The engine will be diesel four cycle, six cylinder configuration. Two cycle engines are not acceptable alternate on this job. (b) The certified power of the engine will provide a minimum of 82 HP at 85 degrees F ambient temperature, 500 feet elevation, and rated speed of 1800 RPM. (c) The engine will be capable of rated and satisfactory performance on standard diesel fuels. Cooling System: (a) A unit mounted radiator shall be furnished complete with blower (pusher) cooling fan and duct flange. . (b) The cooling system Will be supplied with corrosion inhibitor and/or ethylene glycol base antifreeze to mmet the speCified minimum ambient temperature. 5-2 I I I I I I I I I I I I I I I I I I I DIVISION 5: GENERATOR Fishers Island Sewer District Exhaust System: An exhaust silencer shall be furnished of industrial standard construction, all welded, for stationary engine application. The silencer shall attenuate exhaust noise to a residential level. A seamless, convoluted flexible exhaust connector shall be provided. It shall be a minimum of 18 inches long. The entire exhaust system and silencer shall be supported independently of the generator set in a manner which shall prevent transmission of vibration and allow for expansion. Long radius, low restriction fittings will be used throughout, and pipe size will be' sufficiently large to handle the engine exhaust flow at full load without causing back pressure in excess of that allowed by the engine manufacturer. Fuel System: (a) The 500 gallon underground fibreglass fuel storage tank, fittings, gauges, and piping shall be installed as shown on contract drawings and in accordance with NFPA and any applicable local codes. (b) A service (day tank) will be provided with the generator set and shall be of 50 gallon capacity and manufactured in accordance with NFPA construction. The tank will be mounted in accordance with the generator set manufacturer's recommendations, with NP threaded fittings for: engine supply and return vent, transfer pump inlets and overflow, drain and level control. A dual fuel oil trnasfer pump system will be supplied suitable for the specified fuel. The pumps shall be of the positive displacement type, with an adjustable built in relief valve and mechanical seals. Motors shall be 1/2 HP, 120/240 VAe, 1 phase, 1750 RPM totally enclosed induction type. They shall be capable of maximum 15 feet suction lift with a minimum capacity of 2.2 GPM. A foot valve and strainr will be installed in the main fuel tank, on the transfer pump section lines to maintain a prime for the fuel transfer pump. (c) An automatic fuel level control switch mounted in the service tank shall control the fuel transfer pumps and maintain fuel level under normal or emergency conditions. KA separate switch shall signal low fuel. (d) Flexible fuel connectors will be supplied to isolate vibration at the engine. (e) The engine will be provided with fuel filters of the cartridge type at the engine fuel inlet to filter all fuel entering the engine system. Engine Lubrication System: The engine will be furnished with a gear type lube oil pump 'which will furnish oil under pressure to moving parts. Full flow lube oil filters will be provided in addition to a bypass valve which will allow lube oil circulation in the eventof a failure of the filtering system. Engine Governing System: (a) The engine generator set will be provided with a hydraulic type governor of the constant speed type. The governor shall be capable of 5-3 I I I I I I I I I I I I I I I I I I I DIVISION 5: GENERATOR Fishers Island Sewer District maintaining a steady state band width of not more than ~.25%, at any constant load, from no load to full load. The governor will maintain governed speed at 60 Hertz at any load, from no load to full load. Starting System: (a) The engine will be equipped with a heavy duty electric, DC starting motor, positive engagement type, of sufficient capacity to crank the engine at starting speed for 1 full minute without overheating. (b) Automatic Engine Control - A fully automatic engine control will be supplied which will start and stop the set in response to an external contact position. The engine control will incorporate solid state, instantaenous reset, adjustable plug in timers. All engine control contacts will be 10 amp capacity. All relays will be of the enclosed type. The control will provide the following features: 1. Engine Control Switch (a) Four position switch will include a manual start push button to allow operation completely by-passing the engine control. 2. A cyclic, adjustable overall cranking cycle of 60 to 120 seconds with crank and reset periods adjustable from 10 to 30 seconds. 3. Engine safety shutdown controls to shut the engine down in the event of: (a) High jacket water temperature (b) Low lubricating oil pressure (c) Over crank (failure to start) (d) Overspeed (c) Annunciator lights shall be provided for: * * * * Selector not auto Over crank Low Oil Pressure Provide contacts and * Low fuel level * Overspeed * High Engine Temperature relay for single remote alarm (d) Generator Set Starting Battery: 1. A lead-acid, heavy duty battery system will be furnished of sufficient capacity to provide three full cycle starts. 2. Anacid.resistant type battery rack'will be furnished with proper cable. 3. Battery cables will be provided. Battery Charging: (a) An automatic, two rate, .5 to 12 amp solid state, battery charger will be supplied with fused input and ouput in a NEMA 1 enclosure for wall mounting. The charger will be SCR controlled and solid state to 5-4 I I I I I I I I I I I I I I I I I I I DIVISION 5: GENERATOR Fishers Island Sewer District eliminate mechanical contact problems. The charger control printed circuit board will be easily replaceable and will contain both high and low adjustable charge rate potentiometers, ammeter and a charger status (power) light. KThe charger design will be adequate to allow a charge rate of 20 ampere for intermittent periods, without harming the charger. The charger will include a status control relay which will allow three function options: 1. Disconnect during cranking only, 2. disconnect during generator set operation, and 3. continuous battery monitoring. Heaters, Cold Weather: (a) A jacket water heater will be provided which will be thermostatically controlled and adjustable, to maintqin the engine block at 70 degrees to 100 degrees F. To assure rapid starting, 10 seconds or less, under the specified ambient temperature. The heater will be for 120 VAC operation. The heater will be of the industrial tank type with check valve thermosyphon circulation. (b) A lubricating oil heater, thermostatically controlled will be provided, adjustable form 70 degrees to 125 degrees F. The heater will be of steel sheath construction and a watt density of 20 or less, for compatability with lubricating oil. Power for the lubricating oil heater will also be 120 VAC. III. NEMA A.C. GENERATOR Generator Construction (a) The power generator will be of the salient pole synchronous type. The generqator will be equipped wtih amortissiur windings for future paralleling option. The generator will be of single bearing flange mounted design. The bearing will be a sealed, friction less, cartridge type. The coupling will be a laminated, steel-semi-flexible, piloting type. The exciter will be direct connected brushless type. Insulation class will be in accord with the most recent NEMA-MG-1-22.40 requirements for the generator. The generator will be provided with a power terminal cabinet of adequate size for connection of load conductors. Generating Rating: The A.C. generator will be rated at 30 Kw 37.5 KVA 480 Volts 3 phase Delta .8 power factor 60 Hertz 1800 RPM for continuous and 37.5 KW maximum. Temperature rise at 30 KW shall not exceed 80 degrees Cover 40 degrees C. Generator Voltage Regulator: An automatic voltage regulator will be supplied to match the generator and exciter characteristics. It will be of the solid state type. It will regulate the generator output voltage from no load to full load within more orless 2%. A voltage adjust potentiometer will be supplied which ill provide an adjustment range of more or less 5% of output voltage. The regulator response to a full load application shall be a maximum of 2 seconds to a steady state band of more or less .25%. 5-5 I I I I I I I I I I I I I I I I I I I DIVISION 5: GENERATOR Fishers Island Sewer District Generator Control Panel: A NEMA 1 generator control panel will be supplied to monitor the generator output. The generator control panel will be a unit mounted type completely wired and set on vibration isolators. The panel will include the following: a. Voltmeter b. Ammeter c. Combination volt/ammeter selector switch 4 position d. Frequency meter e. Running time meter f. Panel light and switch g. Alarm bell with a silence switch h. Overload protection, amual reset, main breaker, trip of 375 amp current rating, i.e. 400 AF/375 AT i. Automatic engine control/control switch as specified in section 2.7c visual alarms j. Auxiliary contacts for remote alarm k. Duplex receptacle Testing: (a) Factory Testing 1. The generator set will be tested at 30 KW for two hours at .8 power factor. The test will be certified by the manufacturer. 2. The generator set will also be tested at a maximum rated load of 37.5 KW and recorded as part of the test. 3. All unit mounted accessories will be tested with the set, i.e.: annunciator panel, engine control, safety devices, etc. 4. All data will be included in the test, i.e. ambient temperature, jacket water temperature, lube oil pressure, battery charging, vbration, generator voltage, current KW, KVA, power factor, exciter voltage and field current per NEMA and IEEE test standards. b. Field Testing: 1. The complete engine generator set will be tested under the supervision'of a representative of the generator set manufacturer. The' test will include operation and adjustment of the ~it and all accessories, after completion of installation. The field test will include operation of the unit @ 30/37.5 KW for not less than'two hours. All accessories will be , tested and properly adjusted. 2. The field test will include instruction of the owner's maintenance personnel in the operation and maintenance, warranty and service of the generator set. 5-6 I I I I I I I I I I I I I I I I I I I DIVISION 5: GENERATOR Fishers Island Sewer District Warranty. Operating and Maintenance Manual: (a) The manufacturer will furnish six 6) copies of the warranty, the operating ionstructions manuals, and parts list of the equipment furnished. Operators manuals will include suggested periodic manintenance for the equipment furnished. (b) The warranty will be standard one year type for standby service in which 200 hours operation might be expected. (c) The manufacturer shall provide supervision to assist with proper installation for a period of three (3) workingdays ie.: 1st day: 2nd day: 3rd day: with the owner. Unloading and site meetings Installation andprep meetings, and Four (4) hour acceptance test and review operation Enclosure: (a) The engine-generator shall be enclosed in a steel weather- protective housing for outdoor use. Enclosure shall be lined with 1" thick sound abatement material. The housing shall have removable side louvered doors., locking kit, piano hinged doors, bird screening and rodent proofing. 5-7 I I I I I I I I I I I I I I I I I I I DIVISION 5: GENERATOR Fishers Island Sewer District 5.2 AUTOMATIC TRANSFER SWITCH Rating: A. The automatic transfer switch rating shall be as shown on the drawings. The complete switch assembly shall be listed under UL-1008 for use on emergency systems. Construction and Performance: B. The transfer switch shall be double throw, actuated by a single electrical operator, momentarily energized; and connected to the transfer mechanism by a simple overcenter type linkage with a total transfer time not to exceed one half second. The transfer switch shall be capable of transferring successfully in either direction with 70% of rated voltage applied to the switch terminals. C. The normal and emergency contacts shall be positively interlocked mechanically and electrically to prevent simultaneous closing. Main contacts shall be mechanicaly locked in position in both the normal and emergency positions without the use of hooks, latches, magnets, or springs; and shall be silver-tungsten alloy. Separate arcing contacts, with magnetic blowouts, shall be provided on all transfer switches. Interlocked molded case circuit breakers or contractors are not acceptable. D. The transfer switch shall be equipped with a safe manual operator designed to prevent injury to operating personnel. The manual operator shall provide the same contact-to-contact transfer speed as the electrical operator to prevent a flashover from switching the man contacts slowly. E. Sequence of Operation: Engine starting contacts shall be provided to start the generating plant should the voltage of the normal source drop below 80% on any phase after a non-adjustable time delay of 3 seconds to allow for momentary dips. The transfer switch shall transfer to emergency when 90% of rated voltage and frequency has been reached. After restoration of normal power on all phases to 90% of rated voltage, an adjustable time delay period of 0-30 minutes shall delay retransfer to allow stabilization of normal power. If the emergency power source should fail during this time delay period, the switch shll automatically return to the normal source. After retransfer to normal, the engine-generator shall be allowed to operate for 5 minutes to allow engine cool down. A test switch shall be included to simulate normal power failure and.pilot lights shall be mounted on the cabinet door to indicate the switch position. Two form. "c" auxiliary contacts rated 10 amperes shall be provided to ooperate an an adjustable time of ;5 to 5 seconds prior to transfer. These contacts shall maintain this state thru the transfer period and from an adjustable time of .5 to 5 seconds after transfer. Two auxiliary contacts rated 25 amp, 120 volts, shall be mounted on the main shaft; one normal, the other closed on emergency. In addition, one set of relay contacts shall be provided to open upon loss of the normal power supply. All relays, timers, control wiring and accessories shall be front accessible. All control wire terminations are to be identified by tubular sleeve-type markers. 5-8 I I I I I I I I I I I I I DIVISION 5: GENERATOR Fishers Island Sewer District F. Approval (1) As a precondition for approval, the manufacturer of the automatic transfer switches shall verify that his switches are listed by Underwriters Laboratories, Inc., Standard UL-1008 with withstand and cloe- in values at least equal to the interrupting rating of the circuit breaker and/or fuse that is specified to protect the circuit. (2) symme trical) The automatic transfer switch shall have a 50,000 (RMS amps withstand capabilith. (3) During the Withstand Tests there shall be no contact welding or damage. The tests shall be performed on identical samples without the use of current limiting fuses. Oscillograph traces across the main contact shall verify that contact separation has not occurred. Test procedures shall be in accordance with L-1008 and testing shall be certified by Underwriters Laboratories or any ntionally recognized independent testing laboratory. (4) When conducting temperature rise tests to Paragraph 17.3 of UL-1008, the manufacturer shall include post-endurance temperature rise tests to verify the ability of the transfer switch to carry full rated current after completing the overload and endurance tests. . I I I I I I 5-9 I I I I I I I I I I I I I I I I I I I ATTACHMENT I Federal Regulations Regarding Change Orders For Municipal Water Quality Improvement Projects Construction Contracts . Section 30.900 Project changes and grant modifications (a) A grant modification means any written alteration in the grant amount, grant terms or conditions, budget or project period, or other administrative. technical, or financial agreement whether accomplished by unilateral action of the grantee or the Government in accordance with a provision of the grant agreement or this Subchapter, or by mutual action of the parties to the grant. (b) Toe grantee must promptly notify the Project Officer in writing (certified mail, return receipt requested) of events or proposed changes which may require a grant modification, such as: 1. Rebudgeting (see Section 30.610) 2. Changes in approved technical plans or specifications for the project 3. Changes which may affect the approved scope or Objective of a project 4; Significant changed conditions at the project sitt 5. Acceleration or deceleration in. the t)me for performance of the project, or any major phase thereof 6. Changes which may increase or substantially decrease the total cost of a project (see Section 30.900-1) or 7. Changes in the Project Director or other key personnel identified in the grant agreement or a reduction in time or effort devoted to the project on part of such personnel. (c) Grant modifications are of four general types: formal grant amendments, administrative grant changes, transfer of grants and change of name agreements, . and grantee project changes (see Section 30.900-1 through Section 30.9oo-4) (d) A copy of each document pertaining to grant modifications or requests therefor (any administrative change, approved or disapproved project changes and any letter of approval or disapproval, grant amendment, or agreement for transfer of a grant or change of name agreement) sh'al1 be retained in the official EPA grant file. (e) The document which effects a grant modification shall establish the effecti vedate of the acti on. I f no such date' is speci fied, then the date of execution of the document shall be the effective date for the action. I I I I I I I I I I I I I I I I I I I -2- Section 35.935-11 Project chances In addition to the notification of p~ject changes requi~d cursuant to Section 30.900 of tnis chapter, crior approval by the Regional Administrator and the State agency is required for project changes which may: (a) substantially al ter the design and scope of the project. (b) alter the type of treatment to be provided. (c) substantially alter the location, size. capacity, or quality of any major item of equipment; or (d) increase the amount of Federal funds needed to complete the oroject: PROVIDED, That prior EPA approval is not required for changes to correct minor erro\'"5. minor changes. or emergency changes. No aporoval of a project change pU\'"5uant to Section 35.900 of this chapter shall commit or obligate the United States to any increase in the amount of the grant of oayments thereunder unless a grant increase. is approved pU\'"5uant to Section .35.955. The preceding sentence shall not preclude submission or consideration of a request for a grant amendment pU\'"5uant . to Section 30.900-1 of this chaoter. (39 FR 5253. Feb. 11, 1974. as amended at 40,'R 20083, May 8. 1975) Section 35.938-5 Neqotiation of contract amendmen~s (chance orde\'"51. (a) GRANTEE RESPONSI9ILITY. Grantees are responsible for negotiation of construction contract chanae orde\'"5. Thi s functi on may be perlonned by the grantee directly or, if authorized. by his engineer. During negotiations with the contractor the grantee shall: 1. Make certain that the contractor has a clear understanding of the scope and extent of work and other essential requirements; 2. Assure that the contractor demonstrates that he will make available or will obtain the necessary personnel, equi~ent and materials to accompliSh the work within the required time; and 3. Assure a fair and reasonable price for the required work. (b) CHANGES IN CONTRACT PRICE OR TIME. The contract price or time may be changed only by a change order. 'i/hen negotiations are reauired. they shal1 , be conducted ihaccordance with caragraph (cl or (d) of this section, as appropriate. The value of any work covered by a change-order or of any claim for increase or decrease in the contract price shall be determined by the method set forth in oaragraphs (b) (1.) through (0) (3.) of this section wnich is most advantageous to the grantee. Unit. prices. (i) Original bid items. Unit orices previously aporoved are accePtable for pricing changes of original bid items. However, when changes in ouantities exceed 15 oercent of the original bid quantity and the total dollar change of that bid item is significant. the unit orice shall be reviewed bv the grantee .. I I I I I I I I I I I I I I I I I I I -3- to determine if a new unit price should be negotiated: (ii) New Items. Unit prices of new items shall be negotiated. 2. A l~p sum to be negotiated. 3. Cost reimbursement - the actual cost for labor. direct overhead. materials. supplies, equipment. and other services necessary to complete the work plus an amount to be agreed upon to cover the cost of general overhead and profit to be negotiated. (c) For each change order not in excess of $100,000 the contractor shall submit sufficient cost and pricing data to the grantee to enable the grantee to determine the necessity and reasonableness of costs and amount proposed, and the allowability and eligibility of costs proposed. (d) For each change order in excess of $100.000. the contractor shall submit to the grantee for review sufficient cost pricing data as described in paragraphs (d) (1.) through (d) (6.) of this section to enable the grantee to ascertain the necessity and reasonableness of costs and amounts proposed. and the allowability and eligibility of costs proposed. 1. As a minimum, proposed change order costs shall be presented in summary format prescribed by the Administrator and shall be supported by a certification executed by the contractor that proposed costs reflect complete. current and accurate cost and pricing data applicable to the date of the change order. 2. In addition to the specific elements of cost. the estimated amount of profit shall be set forth separately in the cost summary for fixed price change orders and a specific total dollar amount of profit will be set forth separately in the cost summary for cost reimbursement change orders. 3. More detailed cost data than that required by the summary format may be required by the grantee to substantiate the reasonableness of proposed change order costs. Such detailed documentation is normally required by EPA only when.the contractor is unable to certify that proposed change order costs are complete. current and accurate. EPA. may. on a selected basis. perform a detailed cost an~lysis on any thange order. Normally, a provisional overhead rate will be agreed upon. 4. Appropriate consideration should be given to Section 30.710 of this subchapter which contains general cost principles which must be used for the .determin~tion and allowability of costs under grants. The contractor's actual costs. direct and indirect. allowable for F~eral participation shall be determined in accordance with the. terms and conditions of the contract. this subpart and the cost principles in- cluded in 41 CFR 1-15.2 and 1-15.4. Examples of costs which are not allowable under those cost prinCiples include. but are not limited to, entertainment. interest on borrowed capital. an.d bad debts. I I I I I I I I I I I I I I I I I I I -4- 5. For costs under cost reimbursement change orders, the contractor shall have an accounting system whlch accounts for such costs in accordance with generally accepted accounting princioles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable change orders. Allowable change order costs shall be determined in accordance with paragraph (d) (4.) of this section. The contractor must propose and account for such costs in a manner consistent with his normal accounting procedures. 6. Change orders awarded on the basis of review of a cost element summary and a certification of complete, current and accurate cost and pricing clata shall be subject to downward renegotiation or recoupment of funds where subsequent audit substantiates that such certification was not based on complete, current an~ accurate cost and pricing data and on costs allowable under the appropriate FPR, cost principles (41 CFR 1-15.2 and 1-15.4) at the time of change order execution. (e) E?A REV!EW. In addition to the requirements of Sections 35.935-10 (Cooies of contract documents) and 35.935-11 (Project changes), the grantee shall submit. prior to tne execution of any change order in excess of S100,000. to the E?A Project Officer for review: 1. Th~ cost and pricing data submitted by the contractor, 2. A certification of review and acceptance of the contractor's cost or price and 3. A copy of the proposed change order. . (f) PROFIT. The Objective of negotiations shall be the exercise of sound business judgment and good administrative practice including the determina- tion of a fair and reasonable profit based on the ~ontractor's assumption of risk and inout to total oerformance .and not merely the application of a oredetermined percentage factQ~. For the purpose of negotiated change orders to construction contracts under E?A grants. profit is defined as the net proceeds obtained by deducting all allowable costs (direct and indirect) from the price. The estimate of profit should be reviewed by the grantee as are all other elements of price. (g) RELATED WORK. Related work shall not be split lnto two amendments or change orders merely to keep it under S100.000 and tnereby avoid the require- ments of paragraph (d) of this section. For change orders which include both additive and deductive items. 1. If any single item (additive or deductive) exceeds S100,000, the requirements of paragraph (d) of this section shall be applicable. 2. If no single additive or deductive item has a value of S100.000 but the total price of the change order is over S100.000, the I I I I I I I I I I I I I I I I I I I -~ requirements of paragraph (d) of this section shall be applicable. 3. If the total of additive items of work in the change order exceeds $100,000, or the total of deductive items of work in the change order exceeds $100,000, and, the net price of the change order is less than $100,000, the Tequirements of paragraph (d) of this section shall apply. Section 35.955 Grant amendments to increase grant amounts. Grant agreements may be amended in accordance with Section 30.900-1 of this chapter with respect to project changes which have been approved in accordance with Sections 30.900 and 35.935-11 of this subchapter: PROVIDED, That no grant agreement may be amended to increase the 'amount of a grant unless the State agency has approved the grant increase from available -State allotments and reallotments in accordance with Section 35.915. (39 FR 5253, Feb. 11, 1974, as amended at 40 FR 20083, May 8, 1975) I I I I I I I I I I I I I I I I I I I A TT ACHMEIlT II State and. Federal funding oarticipation will be detennined in accordance with the following guidelines: 1- Title 40 CFR a. Section 35.905-4 d. Section 35.925-15 b. Section 35. 905-19 e. Section 35.925-]6 c. Section 35.925-13 f. . Section 35.925-18 2. Pruqram Reouirements Memoranda a. 75-17 e. 75-35 b. 75-18 f. 77-1 c. 75- 25 g. 77-2 d. 75- 34 3. Handbook of Prucedures Chapter 7 The above documents referenced under items 1. 2 & 3 can be ordered from: General Services Administration Centralized Mailing Lists Services aui 1 ding 41 Denver Federal Center Denver, Colorado 80225 4. NYSDEC - USEPA - Recion II Functional Ao~ement Reoardinq Delecation of Authority Contract Change Order Guidelines oage 1 of 7 I I I I I I I I I I I I I I I I I I I CHANGE ORDER GUIDELINES Introductiol'> This document is intended onl as a videline to be used by grantee's. in the preliminary screening 0 change orders submitted or grant funding and by the Bvrll<lu of Sewage Progrorns' stoff os 0 rough outline of change order grant eligibility. In many cases, the final determination of change order fundability will require the application of detailed engineering analyses and/or legal knowledge. Materials Which Must be Submitted with An Chanae Order Fundin Ruest ubmit two capies 0 each item I. Project name end numbers: New York City, Red Hook, Phose I C-36-394-01. 2. Name, address ond phone number of project engineer, contractor, and owner. This information is r>eeded so that a contact person can be established if questions arise during the evaluation of a request. 3. Contract change order number. This enables our staff to identify each char>ge on any project. 4. Date. 5. Thorough description or information identifying any change. .For . example, instll<ld of desc:Tibing the change as "installation of plug valve", the description should rll<ld: "installation of plug valve on 8" sludge line fron:;,primory clarifier No. 2 to sludge digester No.__". The description should referer>c:e appropriate sections of pions end specificatians. Attach copies of relevant correspondence to change order. 6. Drawings identifying changes (where appropriate). Identify dele- tions, additions, and revisions. 7. Calculations where appropriate (example, in justifying pipes and pump sizes, etc.). 8. Justification. This is considered the mast 1m rtont item in the chan e order re est. ut is the one most r uently omitted. mong t e mo.n questions that must be addressed ,n completing the justifico- _ tian ore: (I) Why is this change r>ecessory for completion of the work originoll.y contemploted by the controct? (2) Why could the need lor the change not have been foreseen -during preparation of the plans and specifications? (3) Are there any oltemotives ovailable to accomplish the some end result? (4) Is this the most economical altemative? Dele- tions os well os additions must be justi lied. page 2 of 7 I I 9. Pricing data. A detailed price bred<down should be given for eaah i rem in the request. Chcnges.sumitfed as lump sum items cannot be ~roperty evaluated. I 10. Name and affiflation of person suggesting or initiating chenge order request. I II. Copy of oMenge order with cpproval signatvr=- of oroje<:t engin~r, con traator, end owner. I It is the rescansibility of the Ctloliaent to conduct 0 critical scr~ninc cnd tnoroucln reView of env "rooosed enanae order (costs. iUST' "coTlon. ere.) before it is TransmiTteo TO me New York State DeoarTfT'lenT or ::nvironmental Conservation and United States c:nvironmentoJ I"'rotection Acencv. I I Ch01'lcie Order Cateaories end Grant Eliqibility Following is 0 discussion of the most frequently submitted categories of change orders end general <:::"iteria to be used for determination of grant el igil:lili ty. I It is not anticipated that change orders will be labeled end/or submitted by grantees as being within eny of the ec1egori= listed here. The following dis- cussion is merely intended to aid grontees end projeat engineers in deTermining whether 0 chenge order should be submitted to the NYSDEC for consideretion of fundcbility ond to give gr indication of the criteria which the NYSiJEC Hoff will use in evaluating tho;;e oMange orders which cre submitTed. I I I It should be keet in mind that these Guidelines ore intended to oid in cetermination of erant Fundability of chenge orders. They do nOT beer on tne ft.:ndability of ~he items discussea cs part of the originaJ ccnst;-uction contract, nor should "they be relied upon to determine the legitimacy of 0 chenge orcer between the grantee end the grantee's construction contrcctor. I J. Errors end Omissions in Plans and Scecificctions I An l!rror or omission in the Pions or Specificc1ions is 0 ceficiency whic:, must be corrected in order for the facility to operate properly. Some errors end/or omissions are to be expected in every major construction project. 1he =ost of correcting oc=eptc.ble errors end omissions may be grant f\'indc.\)le, howevl!r, on analysis consisting of the reasons why the error or omission could not have bee,., contemplated will be required prior to determination of eligibility. I I I I page 3 of 7 I I I I I I I I I I I I I I I I I I I I I The cost of correcting errors and omissions will be funded os follows: Errors and Omissions Detected Prior to Incorporation into Construction If an error or omission is ~tected prior to its incorporation into ccnstruc~ tien, the cost of constructing the facility in accordance with a proper new design is generally grant fundable en the theory that the overall cost of tne facility, if property designed initially, would nave included these costs. The cost of any redesign necessitoted by an error or emission will be determined on a case by case basis. Errors and Omissions Detected After IncorporatIon into ConstructIon If an error or omissian has been incorporated into construction, (if con- struction has proceeded to the point that the error or omission cannot be corrected without removing or remodeling or adding to a portion of the facility) none of the additional cost attributable to the error or omission will be grant fundable unless extraordinory conditions exist. This includes the cost of construction of . any portion of the original, improper facility which is not usable as 0 part of the rede.signed facili ty, the cost of redesign or modi fiection of the design, the cost of any delay caused by the need to perform the correction, and the cost of removal or remodeling of the improper facilities. However, the cost of any additional construction which would have been necessary had the facility been properly designed initially will ~ grant fvn~le. 2. Substitutions_ The grant program will not fund indiscriminate substitution of a non-bid item or piece of equipment for that bid by the controctor simply because the grontee or the contractor prefers the substitute item to the one bid. Such substitutions require justification. Any cost of subsfitution of non-bid items based upon nonavcilabiJity or delayed availability of bid items is generally the responsibility of the controctor or its supplier and is not grant fundable by change order. Where the contractor cannot sveeessfullydemonstrate to the grantee that an item which he bids as "equal" to those named in the specificotions is, in fact, equal, he must, of course, use one of the named items. However. under these circumstances, the contractor is expected to perform with the nomed item at the bid price and no ISSIe of change order fundcbility should orise. The costs of substitutions necessitoted by failure of a product or material to perform according to the manufacturer's representation are not grant fundable. Of eovrse, where the failure of 9 bid item to perform adequately is due to improper installation by the contractor, no additional grant amount will be ollowedfor correction. . . page 4 of 7 I I I 3. Desian Imorovements CT'Id Additions I I Change orders to allow design improvements, thct is, modifications in on existing, adequate design to allow more efficient operation of 0 ;Jroject may be funded, but will be viewed criticglly in li;nt of me overoll ;Jolicy to provide tne most cost-<!fficient solution to waste tre<ltment problems as required by Section 212(2)(8) of me Federol Woter Pollution Comrol Act Amendments of :972 (P.L. 92-500), and Federoi reguiations implementing thet Section. (See :::wi:onmen7cl Protection Agency regulations conceming "Gronts for Construction of Trec=ent 'Norl<s", 40 CFR, Pert 35, Subpart E, Appendix A.) ; The cost of oddilion of equipment nece:lsory to bring me project i,.,to complicnce with environmen 101 requirements or standards e:ltablished by State and F ederol lows and regulations enacted after the construction contract has be<!n entered into moy be fundable by cnange order. Criteria to be used in evaluating requests for fundin; of such change orders will include me cost of the change in relation to the totcl contrect price end cost effectiveness of funding the proposed addition by chenge order. I I 4. Modificetions Recuirina orior Aooroval I I The Community must obtain the prior approvcl of the State Agency and EPA before authorizing the following, type of changes in contrects: I. ChQl"ges whi~substantially alter the de:lign end scope of the project. 2. Chcnges which alter: the type of treetment to be provided by me project. I 3. Changes which omit or'substantially olter the locetion, size, or capacity 01 eny item of major ~ipment. I 4. Cncl"'lges which increose the cost of work ~overed ~y the const'l"\Jction plans and speciiicetions (ell construction controcts) to 0 sum grecter tnen that cpprov~d for c:)nstr"..Jc1'ion controc:'fs ~d continger:c:es. I I I .:. Changes where the increase in cost of work exceeds $iOO,aOO. 5. Deletions I Mojor deletions, i.e., those that si;nific:::ntly alter. the scope or c.opec:ity or tne project cs contemQlcted by the controct, require prior cpprovoi or ~he NYSlJEC ond USE:?A. Requests for such deletions wiil be handled on 0 c:::se-by-c:::se bc.sis. All. other deletions must be submitted to the NYSiJEC but !'1eed not be suomi t1ed for prior opprovoi. I I page . af 7 I I I I I I I I I I I I I I 6. Unforeseen Site Conditons ~ Unforeseen site conditions may be defined as unknown physical conditions at the site of the work of an unusual nature differing materially from those ordinarily encoUntered and generally recognized as inherent in work of the character provided for in the c.clIlstruction contract. Additional costs necessary.to pertorm under unforeseen site conditions are con- sidered to be an appropriate subject for a change order where a change order for such costs is appropriate under the terms of the construction contract in question and such change orders are generally grant fundable. However, if the actual con- ditioD could reasonably have been determined by the grantee or the design engineer, no costs attributable to delays or redesign will be grant eligible. Costs of construction which must be replaced as a result of such a change will generally be ineligible. In cases where the change requested represents extensive revision to the contract cost, documentation consisting of an opinion by the design engineer and grantee's attorney regarding requirements of the specifications as bid and validity of contractor's may be required. U unforeseen site conditions necessitate a major design change, such as rerouting a major portion of a pipeline, the NYSD..e:C ~d USEPA should be notified well in advance o~proceeding with construction. of the changed facilities, if possible. - 7. Premium Time In most cases, the cost of premium time for completion of change"order work will not be grant fundable. However, where premium wages .are payable under the construction contract in question and the grantee can demonstrate a critical need for payment of premium wages, they may be fundable. a. Time Extensions I I I Generally, change orders granting time extension or other methods of extending the time for contract completion for excusabl~ delay issued by the grantee will be accepted by .the NYSDEC, unless the time extension may cause a Regional water quality compliance date to be violated. In the latter case, no time extensions should be granted without prior NYSDEC and USEPA approval. In no case will acceptance of a time extension commit the NYSDEC or USEPA to pay any costs of delay or other: additional costs unless such payment is specifically agreed to. I I I I page € of 7 I I I I I I I I I I I I I I I I I I I 9. Oceration, Maintenance and Reoairs Generally, the operation, maintenance, and routine repair or renovation of any existing sewage treatment facilities during cons-tl'1Jc:-.ion is the responsibility of tile grantee and is not fundable either as a pal": of tne original contrac:: or :.y c.'1ange order. Where tile gran t funded c:lNtruc::ion is under"taken at the site of existing sewage treament ''''0ri<3, installation of a temporary :ac:ilit"/ is necessary to .prevent disruption of normal operation of those existing worKs curL'lg construc:-.ion and tile temporary facility should have ben lnduded in the plans and spec:;lcations, the request for funding of a change order to pay for the temporary facilities will :.e handled in accordance with Section I, "Errors and Omissions in Design", above. 10. Dama~e to ECllJioment or Comoleted Work, !'ersonaJ Iniuries The t:DSU for such losses should be handled in accordance with the original c:ontrac:: and general legal principles. They are not fundable by change oroer. 11. CloWns The t:DSt Uegal fees, court t:DSU, etc.) of negotiation and settlement, may ~ grant fundable, whether or not the grantee prevails. The grantee should subm! t for Clnsideration of fundabiJity on a c:ase-by-case basis, a.'lY settieme!'1t or judgment against it involving a ~trac:: claim which was denied by the grantee. . page 7 of 7 I I I I I I I I I I I I I I I I I. I I ATTACHMENT III THIS IS A SAMPLE ONLY AND INDICATES MINIMUM INFORMATION REQUIRED AND NOT NECESSARILY FORMAT SAMPLE SHOWING INFORMATION REQUIRED FOR A CONTRACT MODIFICATION UNDER CONSTRUCTION GRANT PROGRAM Change Order No. Contract No. Date of Sheet C-36-_ Proj ect Name Owner's Name Phone f (Name of Grantee receiving Construction Grant) Owner's Address Contractor's Name Phone II Contractor's Address Project Engineer's Name Project Engineer's Address Phone 1/ - Name of Individual Initiating Change Order Request: Phone 1/ Representing: DescriPtion of Contract Modification: A change order is necessary for a contract modification. A short description should be given including a reference.to the plans in order to locate the change and a reference to the specifications if they must be changed. For extra work, a description including a reference to the Item No. of the Pro- posal Sheet involved should be given. Drawings or sketches should be attached if necessary. Also calculations should be provided when appropriate. The description should also include: a. .Whether this work will affect the work of other contractors b. Whether this. work will require additional work by other contractors c. Whether the cost of this change o.rder will be the entire cost of this change. If not, explain remaining costs. - Reason for Modification or Need for Extra Work: An explanation of.the need for the change should be entered here for either additions or deletions. Some of the considerations to be noted under this heading are: a. Why is this change necessary for completion of the work originally contemplated by the contract? I I I I I I I I I I I I I I I I I I I b. Why was the need for the change not forseen during preparation of the contract documents? c. What alternatives are available to accomplish the same end result? d. Is this the most economical alternative? Time Elements Related io ihis Chanoe: Effects of this change on the duration of tnis and other contracts must be under thi s headi ng. Items to be 1 i sted i nc 1 ude: a. additional time reouired for this change b. original completion date c. revised completion date Itemization of Contractor's Prooosal for this Modification: Should include: a. quantities involved b. material costs (cost of materials delivered to the job site for incarcoration into the contract wor~.) c. labor costs (Wages paid to workmen and foremen and wage supplements. Include premium or taxes paid by the contractor for workmen's compensation insurance. unemployment insurance, FICA tax and other payroll taxes as required by law.) d. equipment rental costs (show monthly rate. weekly rate. or daily rate as apolicable.) e. contractor's overhead and profit (NOTE: overhead and profit is not allowable on payroll taxes.) f. total cost change. which may be a reduction or an increase. g. new construction contract cost. after applying the change. in cost. (If "time and material" price is to be determined later. an estimate of labor and material plus overhead and profit shouid be given.) APPROVALS: Grantee (Pri nt) (Sign) (Authorized Representative of Grantee) Date: Contractor (Print) (Sign) . Date: Engineer (?~int) (Sign) Date: I I I I I I I I I I I I I I I I I I I f ~ ~' ) ~ .' - ;",. , . ,'- ( . \ '- -\ / -.: .' . - --.- -.. .----- . -----_. .... ATTACHMENT IV I' . '" lID CONDITtCllS* lF1='IIU1ATIVE ACTION REQUIREl4~NTS EQUA~ EKPlOY~ENT OPPORTUNITY Fo~ III Non-E~empt Ftdl~ll Ind F.dl~ally- Assisud Constl'\lctlon COntracU to bl AlIl!'d1d In , [ J !Ia..av alld Suffolk C:O-c1.., Ifw Ton IlCTt CE EAClf IIODER, CONTRACTOR OR SUBconTRACTOR (HEllEIIlAFTEiI THE CCHTRACTOR) MUST FW.Y COMPLY WITH EITHER PART I OR PART II, AS APPUCABU. OF THESE BID CONDITtONS AS TO EAClf CDHSTiIUCTIOIl TllADE IT INTENCS TO USE ON THIS CDhSlRUCTtpPI CONTllACT Ao'tD AU. OTHER CONSTRUCTION WORX (BOTH FEDERAL AND . . NOI..FEDEAAL.) III THE [ Juan IIId Suffolk Coaac!u ] All!A DURING' THE PWOlllWlCE OF THIS CONTRACT OR SUBCONTRACT. THE COftTRACTOR COMtITS ITSEl.F TO THE 6DALS FOR MIHORm MAHPOWG ll11I.IZATIOH IJI EIntER PART I OR PART II. AS APPUCABU. AtID ALL ano REQUIREMENTS. TERMS AND CtlNDITlONS OF THm BID CCtIDITI~S BY SUBMITTING A PROPERLY SIGHED BID. TIlE COftTRACTOR SHALL APPOIlIT A c:QItIANY EXECUTIVE TO ASStJI1E THE RESl'QHS!BILITY FOR TIlE Il1Pl-noTATtOH OF THE REQUIREM~~TS. ~ AND CONDITIONS OF THESE BID CONOITIONS. *'nlese ,bid c:alditians shall be ~ by material in the Federal Regisur 8/3/76. P'\ 32~82. . . . .- ., " 00220 I I I I I I I I I I I I I I I I I I I ;' "...;) ,-'. " .... .. . - \..: ~ ..--.-. - ..---. T I - ,. -. \.c,.;. :.. .,..- :=F ~.-. IJ.~: T- - iX-.: - I -.. . . ~ . . '...... .? . .,- . ., I i -. ,. '. , , I I t ~. .. ~ ~~. ~ .z. Pal"'t I: 'nil p",visions af tIIis Pal"'t I allllly to contracto" .nlca are Plrty to colllctivl blrgllnlng agf'~~'ts ~1t11 l.bo~ ,I.. NU .Ilol arganizaeions .nlc:h toglther 1'1..1 Ig1"Itcl to thI !:suffolk Cowl~j Arel Construction P"'Va. (hlrelnlftal" till C....n.Suffolk) P1111) for- lq\ll.l ollllor':lmity ancl 1'11'11 jaintly _de a camritlDlnt to SlIlCific gells of ainonty ancl, Wltre applicable, flllllll'lItl1iZl. tion. 'nit ( IluN1l~SlIftolk ) Plan fs I tripartita vot~t.ary Igreement b.twltn ( · ]. The !ir&..n-SuffolW Plan, tDg.tIIlr .itll'lll i~l_nting .g.. "ts that hlvl beln ancl _y hlrelftll" be dlVl101llcl ll\IT"S\II.nt tIltreto, Ire lncorpo~atlcl hlrein by reflrencl. AIry contractor using ani ar I112re traclu of construction _lo)'ltS 1lIUSt, CCIIIIlly .1tn II tht,. Part I ar PII"'t II of thai Bicl Conditions u to 1Ic:h suc:h traa. A contractor IIIIY thlrefore be in ~1ilncl .ith Part I of thlSI Bid Conditions " by its lIarticipltion .itn tn, hilol" o~niutiem .nich !"tOre- Slnt Its -.play... In the ( j P1111 as .....n.SUffolk to em. traelt p",vi cllcI thlre is Sit for"tll in the i....u.SuUo Li PlIn a SlllCi ff c -' t:lIent by botll thI c:cmtrac:tc~ Incl th. 1eOf' o~ni%ltiem_to a gall of .;nonty utilization fa" ~It . tracll. Contrac:tors using traclls ~1l1c:h Ire not cov,,,ee1 by .- Pal"'tiI (S.. PII"'t II. Slction A) .... . " :lI. local lelral cOfttncun uol Ilftlnl Cftt~actor ..aocUc101U. ell. nllcOlltncun anol aubcOllcraccn. ...ocUUou. uol till CoalU101l. '. . QQi)f..:i1' """ ,_,,~_fiittI r I I I I I t 1 I I I I I I I I I I I I , ."'\ '_..' -- : ". , " "- ( - r '- ."" _i '""" .--. . --_..._~~-- " , -3- II/st c=-:lly with t..,. ccn:::i:r.en:s ccnu.fned 1n Part II Including go.ls for lrinorities Ind female utl11%ltion Sit forth In Plrt II. If I ccnUlCtl:II' does not c:llllPly wlt11 tilt rtqUI~ts of tiles. Bid Canditions, it shall be subject to the pro-. visions of Plrt II. Plrt II: A. Caverlge. The provisions of this Plrt II sll&l1 be Illpliable to those ccntrlCtors who: 1. An not 01"' henlftllr cus. to be sign.tories tis till C .........Suffolk 1 Plan I n=I"'IIOI"'I tad by I'Ife,..nce In Plrt I h'l"'ICf; Z. Art, signitol"'ilS to ,tile C .....au-Suffolk J Pl.n but .rt net p.rti,s to collective blrgaining IgTftllllntsi ' 3. An sign.toI"'i es to tile r ........-Sulhlk J Pl an but 11"1 p.rties to collective bargaining .g,....nts witll l.bol" organlntions wIIic:ll '1"1 not 01"' Ml"'llftlll" celsa tc be signatories to the C ....u.SaUolk J Pl.n; I. AI"I signatories to tilt C .....au.Suffolk. J Plan and '1"1 plrties to coll.'cthe IMrgllning .grelllllnts with IAbol"' organi%ltions but the two have not jointly executed . speCific ccmmi~nt to golls for lrinority utill%ltion .nd Ini:Orpol"'ltld the COlIIIl;~"t in the C ...u....s..!folkJ P11n; 01" . " . . UG2~.<; . ~ ,\: ., ~ '" - '.1 '" ., 1 " ., . . :~ -r . " .., . . '. i r. . ", , . - p' , ., --- ..-- T I I I I I I I I I I I I I I I I I I I '.) -. , ',- . , '- , J - ""'0 -"" -- ~ ., .,... -:...... - .. !?:" ..,- -r- ~. . .-. . .,... ~ ~~ ,.. . ."'" . . . . . .1"".- .... .. '- .. " "'. . ..~ ; .,. , -(- .~ -4- 5. A~ particfpating fn an .fffrmatiYI .ction plan which Is no 10ngef ,cclPtable to en. OfrtctOf. OFtC', including till C ,...au.Suffolk J Plan. I. A... signataries to till ( lIa...u.Sdfotk J Plan but .... p.rties to collectivl b.rg.ining .gflL ~lts witll 1.baf O1'9.nizltions which tagetllel" havI fliled to _kl . gaocI ~.itll effort to ~11 .itll tneil" obligations undlr tile Bw....u.SIIUollri Pl.n .nd. IS . ...sult, h.vI bltn pl.ced undlr Plrt II of tne 11 d C4ndl ti ons by thl Offf=- of Fedar1 1 tanmce Callpli anca Pt'Qgnas . 8. RRIli,...nt - An Af1frmt1vI Act10n Pll11. c.onmctal"l , descrfbed in P11"l9l"~hs 1 tl'lt'QUCjh 5 above shan be sullJeC't to till pt'Qvlsfons and I"tqui,...nts of P.rt II of tIIlse 8ld Conditions IncludinCj till go.ls .nd ti~'tabllS far arinarl~ . rt11iutlon, IIId speciflc .'firmatiYI .ctlon stills Sit 'a~.h in Sections 8.1 .nd Z of thfs P.rt II. TIle contractor's COIIII1t11l1nt to tile go.ls far lrinarlty ut11fzltfon IS J"Iquired by tIIfs Part II canstl tutts . c~ tIIIInt tII.t it will _ke IVII7 good f.itll effort to Illftt suell c;o.1s. t, Go.ts .nd TflllltlbtlS, Thl goals af lrinority utl1fzltian !"Iq\li...d af tile =ntl"lctor .... .pplicable to Hell tndl used br. till contnctor in tile C/f....u.Suffotk J Pl.n ..... .nd which is not otlleJ"Wisl bound by the pt'Qvi s ions of p.rt I. 1I ""1nOI",t)'. is definea .s incluain9 Bl.cks. SPlnish SUl"named ....."'clns. Orientals .net _";can .Indians, and includls batll iii norl ty llIIII Ind .i norl ty WOIIIIn. OC2Z3 -' I I I I I I I I I I I I I I I I I I I -_... --..-- , , .5- . '.) . .- For III such trld.s the following gOlls Ind timetables shill be &D1I]1elbl.. ... - ~. . ~~. .,. ,,-. I '- Gol1s for Hinori ty . Utll hi ti on .- Until Fl"ClII FI"lllII FI'CIII Fl"ClII .,. , ~. , 12-31-12 1- 1-73 aBt11 12-31.73 1- 1-74 aaeil 12'31-74 Z.1n . 4.1n 4.0t . 6.1n 6.1n . '.Ot - 1J ~ TIle golls of llrinority Ind renal. uti1fution Ibove In UIInssld fn Ql"lIIS of hours of training Ind 1IIIP10yment IS I pl"llPGrtion of the blul ~r of hours bl be llIOrlted by tnl ccntractQr's 199"9lte werlt fora. which fnc1udes III sUPlrvisor! Ilersonnll, fn ..ch tMIdl on III PJ"llj1CU (both Federl1 IIlC! non- ".. - ~~ . Fe2,,1) in thl ( 1r....u.Suffolk 1 Plln 1l"H during till . - . . . )1" ~ -. " . " , . , I. t: .- ....: ~ ...... ". - Plrlor'llllnc:a of fts contract (f .1.. till Plrioel beginnillg with till first dAy of llIO" on tile Fedl"l or flde"l1y usisted constructiart contrlct Ind ending with thl 1ut dAy of we"). Thl hOllrs of llrinority 1IIlIl10Yftllllt Ind mining IlIllSt bl Slltlstlntil11y unifol"lll thl"llughollt till 1111gtll of thl contrlct In lien trade iIld nrtnorities IIIISt bl eIIIll10yed ''''Illly on IIch - Y In the ..,Int tIllt any lOCrIt wlliell Is subj,ct bl till" Bid Conditions is IIlrlol"lllld in a year 1Itlr than tltl .lltest YI.r for willen gOlls of minority utfl.lzation III"'. bltn 'Stltl1ishld, tltl golls for tltl list Y.lr of thl Bid Conditions will bl IppliCltl1. to suCh werlt. \.- , -.' . . . 00224 I I I I I I I I I I I I I I I I I I I ~\ -" ". ; '- - c , , -< -' .of. of a contrlCtol'" s Ill"OJtcU. Thlnfol"l. tile transftl" of lIIinority .1OYMS 01" t7'linees fl"Oll cont7'lctor to contractor o~ f?'Qll Ill"OJect-to.pI"OJtct for tile llu\"IlCse 01 ..tin, tile Clllltract:ll" , s gol1s shall be a viollt1on 01 'Irt II of thlse lid Conditions. If tile contractor counts tile IlOIllfOrle1n, haun of trafneu Ind ~l"IIltic:as fn ..tin, tilt Clllltl"actor's goals. such tn1neu and IPlll"llltic:as alst be .10,.c by tilt Cllntnctc1" durin, tile trafning periOd; tile ccntrlc".al" IIISt have Mde I =-i tIIrlt to .Ioy tilt trafneu and IIlllnnt1.cas It tilt CllIl- pletion 01 their trafnfng- subject to tile aVlflabflfty of _10~t OIlIlortunities; and tilt mineu lUSt be mined IlUI"Su.nt to training 111"091"11II IPIlI"OVed by tile luI"Hu of A~l"IIlticull1p and Tl"lfnfng for .Fedel'll 'UI"IlClses. o\" IPOl"Oved U s~l.."t1ng the ( "'''''-Sdfolk J '1an. Z. SOleif'lc Afffl"lllltfvt Action Stes. No contractor shall II. found to be fn IlOIlClllllll1lna w~t11 ExtcUt'lve O~,. 11244. IS IIIItfldtel, so1.1y on Ic:=unt of fts flnu" to NIt its ;c.1s. but slla" be 9i ven In OIlIlOl"twIi ty to ~ns t7'IU till t tIl. "ntrlctor' his fnstf tuud I" tIl. "ec'lfi c I Hi". tht Iction sups sptcified in tIlis 'Irt II Ind has IlIId. tVtry pel .- filth effort.to ..k. thtse stillS worle tawlr'd tile ItUf_t of I.ts goals within th. t1ll1ttalllu. III to tilt Ilur,losi of bllancl1ng arinorlty ut111ution in iu Ig,",lta work f01"C.t fn . . 00225 - - ..- ....--l T" - ~ .,... ~ .-1"" "';"; .,.. - 'f~ ~ , ~ . . ; ~~ ~ ...... rt"...~. ~.' . -I \: ~. ~. - ~ I I I I I I I I I I I I I I I I I I I .,) ". i. . . . \. .. . .. , \..... . .' . I' -7- tilt [lIenau-Suffalk J P11II irea. A c=ntl'lctor subjec: tll Part 1 which fiils to cemply with its abl1gatlons undlr tht E~I ~portllnity ClaUSI of lts =ntl'lct. (includlng faflure to .tt Its flfrslllre abligltlon If pravlc1td ln ~ C tU:tk J P11II) ar subjtct to Plrt 11 w/l1ch fins to IcIlitvt its canslt- .-sa to .tIlt goals for II1nonty utl11zatlon has tile burdtft af pravfng that it illS englgtd in In IfflN1tive Ictlon Ilragnm d1~..d It increlS1ng .'"01'11:)' utnizat1an and tllat suell tffal"ts were It leut IS extansive and IS s~1f1c IS tilt following: ... Tht c=ntrlctor sllculd hive notlfftd II1nonty aro:ln1ut1ans when elPlaylllllint allllortllllitilS WIre lvailable and . . .... .... .J. .,. -r . .. e' ~ .. .. ~ ., Sllould have lllIinUined records af tile a~1II1ut1ons' I"'Isllens.. b. Thl c=ntT'lctor should haVI lIlI1ntllntd a f11t af till nllllts IIId Iddresses af taell 111 noM ty I"'Iftrnd tll I t by lilY individual ar arpnl%ltlon and what Ict1an was tlken with respect to each such referred Individual. Ind if till Individual was not ts:llllayed by till contractor, tile rtlsans tIIenrfar. If such individual WIS Slnt to tile unian hiring hill far I"'Iflrrll Ind not rt'erred back by tile llIIion ar if' I"'Iferred. not _layed If . .. . . ... .. ., ; t r. .~ by tilt cantrlctor, till ffl, shOllld have doCllNnttd tIlis Ind .~~I relsons therefar. . .. -. '. . . . . 00226 '" --- - I I I I I I I I I I I I I I I I I I I -----. . / -8- c. TIll can1:l"lctol" shou 1 d hi VI IIl"ll111Ptly !lOt I r~... t;.1 or- ~', ~"'. .,..... /. ..., .:':'!' r. i \,.. I . \ >., J - "-' cantl"lcting or IcIIrlnistlring Iglncy Ind the O"ice 0' Flcllral "'n1:"/'lct CQIllllllnCl ProgrUII willn thl \IIIion or \IIIi ans wi th wIlidl 1:hI contractor has collective blrgafning IVU.-nts did IIOt ~'Ir to the CDn1:"/'lctor I ~nor1t,y sent by thl can1:l"lctor, or wllln 1:hI contl"lctor IIId other in'01"lll1:ion 1:IIIt 1:lle union ~"l"l"11 Ilroclss !lId IlIlPedecl "'orts to ..t fu 9"'1s . d. TIll contl"lctor should lllve d1sslSinltecl fts E!O 11011'1 within fu organiZltion by includfn, ft fa Ifty _10)"1 IIIndllook or lI011c)' _nUll; by INb11ci:in, ft fn COIIClIft)' newslllllll"S Ind Innual "'1l0l"ts. Ind by advertising sucll 1I011cy at ~lSonlbl1 intlrvals In \IIIion publications. TIll W 1I011'1 shcluld bl fur1:l'lar disslllrinltecl b)' canclllct1n9 Stl" ..tin9s to IXIIllin Ind dis~ss thl pol1cy; by postin9 0' ~I 1I01Icy; and by ....,i.. af 1:." 1I0lfcy with ~nol"it)' .101lls. I. Th. CD"tl"Ictor sllou I d hive disstlri"1 ~d 1 U no policy utlrnally ~y 1n'oMllin9 and discussing 1t with 111 ~~itmlnt sources; b)' Idvlrtising 1n news -.el1a. splcif1- cally includ1n9 ~nor1t)' news ..dil; Ind by noti'ying Ind discuSSin9 it wi th all sullcon1:Tlc1:11l'S. ,. TIll contl"lctol" should hav. 1IIIc11 bo1:ll Slllcific Ind -.a- :':.. ,; ....' -- .,.- .....: . ,... . ~ - . . : :'t"';, '.' :r- . ,. ~ -'. .., . . ." ." ~ ~ :t,,;.. . ...uanalll)' ...Cllrrtllt writur! Ind o".I....crufa.nt .ffol"'".s. ,... 00227 I I I I I I I I I I I I I I I I I I I . \ -' '. , ( .. - l.-. J .... , '-- '. -9- Such efforts should have betn directed It .inority a~anizatians, sdlools witll substantill .1nority Inro11_nt, and ~nority . recruit=-nt and training a~aniZltiOllS witllin tne Cllntractor's recruitllltnt area. g. TIlt cantractor should have Ividena avanlllle for inslllction that III tasts Ind atlll!" selection tadlniquls used . to sellct fl"Clll IIIIllng candidates for IIfre, transfer, pr"CIIIlltion, training ar retention Ire lIting used in a IIInner tnatdees not vialate tne OFctP resting Guidelines in 41.CFR Part 60-3. II. TIle contractor wllere reuonlllle should have devel~ OII-tne-jell training Q9pOr"tlmities and participated and assisted In all o.partllllnt af Lallor fun~d anellar Ipproved training pf":l9l"U1S relevant to tni cantractol"'s 1IIIP10y.. nleds ClIIlStstlnt. . witll its abligatians under tnis PartII. f. TIle contractor should IIave IIICIt sun thAt seniority practices and Job classiffcations de not IIave I discrinrinltory effect. j. TIle Cllntnctcr should haV'lIIIde "ruin thAt 111 flcillties Win not se9l"l9ated by ..aa. k. TIll cantra~tol" should have CllJItinua11y IIIClnitorwd 111 Plrsonnel activities to ,"sun tllat its aD policy WIS lleing .- carried aut fncluding till evaluation af.nrinority employe.s fol" pl"OmDtional Q9llOrtunfties on a qua"..rly ~Isis and tile InCOUl"lglll:llnt of such employees to s..1t tnose opportunities.. , , . .' ... , r~ , - ~ .. "f - 'Y' 4. ... ~ . - . ~,. - . ..... .' -' t': \ ,.. ~ rF 7 00228. -~ I I I .' '\ I oJ - I I I I I I I' I I I " - I '" . , .-) I I I I "~~f ~i' .10- ," 1. The contractor should have solicited bids for sub. contracts fT'CIII avanable II1nority subcontractors Ingagad 1n the trades coverad by thesl lid Condltions~ includin9 circulation of II'fnoMty contractor usociations. !!!La: The Assistant Regionll AdIIinistrator of the Of,flc. of Federal Contract CcalplllnCl P"'9rlllS and the COlIlIllllJlCl agency stiff \lill p",vide tKhnfcal asshtanca on questions pertaining to .inoM t)' l"'Ic:'UI tIIlInt soureas, II'fnori t)' =-- lUIli t:f orpni ZIti OM IJId IIi non ty IIIW1 _ia ,",on r'ICIi pt of I request for ush1:lllc, fT'CIII a contraC't:r. Z" Subsequent Slanatory to the r ~....u-Suff~lk 1 PllJI. Contractors, thlt ara subject to the requl,...,U of Part II a t tile tl. of tile s_iss i on of the i r bids lIIIli d1, ,together' with labor organizatlons \lith wIIidl they have collectl" ~ !'\:1-- ~.., ..,..-. ~ p.-. . t:'.~. : -- .,.... ~.~ ~ ..- . . .-. " .,,' blrgllning Iv.~nts, C "'aaa-Suffolk subslQuently btc=lll signatory to the . J Plan, either Individullly or tIlroug!l ...... .,... : .. ., . an usociltlon, will be deIIIId bound to tIleir cOlDi tlllents to ~.. . the ( ...._-Suffolk J Plan m. tIIIt ti_ until IJId un 1 ess they onCI a9& I n blCOllll subJ ect to' tile requi I"IIIIInts of Part II pursUlnt to",Section A.l-6. 3. Non-di$crimfnlticn. In no Ivent ..y a contractor IItillze the 901ls Ind affll"lll1tive Iction StlOS requlrad by this Part II in such a ..nner as to'callSI or rasult In . - ~.. l... IilfJ .. . . . -r- ' GG229 , . I I I I I I I I I I I I I I I I I I I ,.J ~ . r- , '-' ~ - .. ,. \~. ~ ;.,i ,.. . . -11. d1scr1=inlt1an Iglins: Iny parsen en Ice~unt of rael, c;lcr, religion, SIX or nltional origin. pirt I II: CoalllanCI Ind Enfal"CllIlent. In Incases, thl ~llance of a ellntrac~" will bl detlr'llrinld in Icearana with its Obligations under tile tI~ of till.. Bid Conditions. Thlrefo". =ntractors wIlo I" govlrned by thl p~.,1sions . of lithlr Plrt I 01" Part U sn.n be subject ~ till require. IlIInts of that Plrt regardllss of the obligations of its prillll =ntractor or 1owe,. ti I,. s!!belln tractors. All ellntractcrs perler'llring or to Plrlol"lll 'wOn on projects sVbject to thlSe Bid Condi tions hl"by 19T'H to fnfol"lll their svb=ntrlctors In wri:ing of tIllir resPlctift obligations .. unde,. thl ta1"'lllS and requ1 renents of thesl B f d Condit; ens , including tile p~v1sions rellting to galls of arincrity ~loymlnt and training. A. Contrlctol"S Subject tc lIart I, 1. A contractor cCl'fered by Plrt I of thlSl Bid Conditions shin be In CllIlIIllfancI with E.1&lcvt1vI OP':!lr 11246, IS UIIlIdld. the implementing regulltions Ind its obligations under Plrt !, prcvided thl contractor taglther with the labor oP'glnfution ._ or organiZlt1ons with which it has I collectivl bl"9lining Igreemlnt IIlIIt thl golls fer .ine..ity ut1liZlt1on := which they cllllllli ttld thl!llSllves in the ( If...w-Soal!olk ] Plan. . . . , . " . . . I .. r , t r . . r . . 00230 I I I I I I I I I I I I I I I I I I I ;-,\ .;;.I i' \ - r '-" .__J-. . .9 .....,., . . ,. ------- - ___ - _.. _..' _._ t. . I . -12- or Qn ~llIIlnstrltl that .very good fltth .ffort hIS !:aln 1llIc1. tA ..., tile gaa). In tllIt 'Vlnt, no fa".l sanctions 01" proc:ftdings l.adtng tawal"Ci sanctions sull bl tnstibltld unlus tlII Office of F.a"l Contl"lct COIIIIlHance Pragl"lllS detll'lrinls thlt thl Cl:IlItractol" has vialatld a substantial' r-aquil"tllll!ltln ~ (....n-surr.tk J Plan or EllIcvtiYl Ol"Ciar 112&6, IS. ..ndld, and Its i.,1_ntin9 r'l9Illltions, inc:.luding till faflu" of sudl =ntractol" tA -.kl a goad fattll Iffort to .It fts fail" SUI"I =1fgltion if pl"O'tfclld in tlII ( .....lI-Suff.tk J Plan al" hIS Ingaged in unlawful discr1l1inatian. Sudl vialations shill III cII-.d to bl ncn- l:aIIlIlHIIlCl wi tII thl Equal Oppal"tUni ty cllusl af the =ntl"lct. and shill III grounds far illlllosttion af thI unctions and . IlInl1tiullravidld for tn EllIClrttvl Orelll" 1124', IS' _ndld. Z. Tlla OFctI' sull I"Iview Part I =ntl"lcton' _la~nt pl"lCticu during till PlrlOl"llllnCl of the contract. Ful"t!lll". OFW sull bl sollly r'lspanstllll fal" any final dltel'llrinltion tIlat till (1f...-n-SuU.tll J Plan is no langeI" an acc~t.U1I affi".tivI action progl"1lD Ind thl consequencls thII"101'. Thl OFCCl' -.y. UClon l"IV'tew and noti CI "to thl c:mtl"lctol" Ind Iny . . IfflCted llbol" arglni:ation, dlterminl that till CH....u-SuffolkJ Plan no longll" reprlSlnts efflctiYl affirmatfvI action_ In ~ ~ - . a..=- If;;':" .',.- -r- - . ;.~.:.~ ~ ~ . -; .,.;,.--:- .,.- --, ... - ,--; . ~'. . -0 . '. . I' I I.. .... .- ~ ..,..~ 0 . . . . n- 00231 - I I I I I I I I I I I I I I I I I I I ;) c . , ~ (., - . " ..J - ---- -. -,----'"' -13- that event It sllall be solely responsible fo~ any final determination of that question and tnl c:c,"sequlflces tnereof. 3. lite,.. OFCCI' finds tIlat a contnctor lias failed to CZllIIIIly with till ~uintnena of tile r .....a-Soaffotk.] Plan and fa obltgatfon unde~ Pan I of thlSl Bid Conditions. it sllall takl sucll action ancl/O!" illllloSl sucll sanctions u ..y be IPP!"OPrfata undl~ tile Exlcutivl 01"de~ and its l"IgUl at1ons. lItlll till OFCC' proceeds wf th sucll fOl"lllll ac:t1on f t lIu the bu1"lIen of Pl"Oving that tile contractor hIS not IIIIt till ~1re- IIIIfIts of tIlese B1d Cond1t10ns. The faflure of tile c:cntnc:tllr til CllIIlP 1 1 11I1 tII f ts ob Ii ga t1 ons IIllde~ tile [qual OPllOrtlInity clause shall shift to it tile l'equiremant to CllIIIe fo,....1"l! wftll ..,iclenca to show tllit it III,S IIIIt the good faftll rtq\Iirellllftts of thiS I Bid Conditions by instituting at 11ast tile specific aff1!"\11tive action s~s lhUd in Pan II. Section Z. TIll CllIItrac:tllr- IINSt also provide evidea of its staps tcwil"l! tile attaf_t of fa tl"Idl'S ph withfn tile tilllltaDles set 'o~th in tile r .......-S..Uotk J Plan. Thl pendency of sudt '01"1III1 'proCHd1ngs sllal I bl taken fnto CllIIsideration by Fedlral agencies in-dltermining whlthlr such .c:cnt~acto~ can CllIIIPly with 'tile l'equir..-nts of E.ucutfvl Orde~ llZ46. IS ~ " ;:C. - ap. i;( ,I' - - .... ," ". .~ ~ . t.~: . "'P ,- '-, " " f j-;. . -. i " .... .-ended. and is tnereforea "responsible prospective cont~lc:tor- within tile meaning of basic principles of Federal procurement law. : ..:. L. ~... ,. i, 00232 - I I I I I I I I I I I I I I I I I I I ..-.-- ,") ,oJ' c. .~. ". '\ ,J ...., ..-- ~--_. ---.- -14- 8. Contracto~ Subject to Part II. In rt11~ to Part II of thiS' Bid Conditions, If thl contractor melts the galls Sit fortll thl"in or c.an dClllOnstratt thlt it hIS IIId. eVlry good flftll effort to ..t thiS' gOlls, thl contractor shill be p"sUaitd to bl In CCIlIlllflncl with Ellecuthe Onlr 1124&, IS ...,.ded, the lIIlllllllllltfn9 "gulltfons and its oll.1lgations undlr 'Irt II of thlse 8id Cendi tions. In tIlat .vllIe, no fOrlllll slnctions or PP'OcnGin9S 1..din9 taw&n sanctions sllll1 be fnstftl.itld unless the amtl"'ICtfn9 Or' IcIIlrinfsttMn9 Ig.nQ otllerwis. dattl"llfnu thlt the Cllntractllr fs vfolatfn9 till ~qual ~ol"'tunfty clause. WIlen tile aglncy fi ncls thl t thl contractO?' fa 111<1 to c:mIlly wftll till rtqvil"lllllnts of ulcuthe Order 11246, IS . . IIIIIlldld, till i~1lllllltfn9 regulations Ind till obl; glttons under Part II of these Bid ~ndftions, till agenQ sllln tiki sllen actfon u illllose suell slnct10ns, wIlfa incluCl sus;lension, umnatfon. c.anclllltion. Ind detll"."t, u IIIIY be IPQP'OIlMatl undll" tlll blClltfvI Order Ind its regulations. Whln tlll 19IflC:Y PP'OCledS wi th suen fonaal Ictfon it Ills th.1 bvnen of IlP'OYtn9 tlllt t:ll contl"'lcto,".lIas not _t tIll golls contlined In Plrt II of these Bid Conditions. Thl contl"'lctor's 'll1u" to IIlIlt Its . 90lls shill sill ft to I t till P'Illvfrlllllnt to CCIIII 'OP'lofl~ wi th IvfdencI to Show thlt It lias met till good flith rtqulr_llts . . . 00233 ---'. ...~...: J .,.- _. .- .,- . . ?f:.... .,...- . - ;;.... .,- , :. -= . . .:,. . . ,~~.' .,.... ,. . . .... '. . . -;... i," ,- I .. I: i. . . . I... . '-- .,'.. '. - I I I I I I I I I I I I I I I I I I I I ,#') . '. _I - c. . , . ~..... " '.) --~ - .-..-- -15- of lnlSI 8fd Condftfons by fnstitytin9 at lelst the sPlcffic affirmatfvI action StlPs lfstld fn Plrt II. Stctfon Z. The Ill!'lclllley of sucll proCHdin9s s"ln be tlkln fnto ccnsfdlration by Fedlral 191ncies fn c1atlrarinfng wlletller syc!l contractor Cln ==ly wftll till !"Iquirtllllllts of txlCltlve Order llzel. IS ..nclld. Ind is t!lartfort a .rt~onsfbll prospective ecntracto~ withfn t!ll IIIIlnfng of thl bufc principles of Federll proClrt- IIIInt law. C. Oblloltions Aeelfeaclt to ContTleta~ Subleet to Either Part I or Part II. It snaIl bl no excusI that thl unfan wlt.i willc!1 t.1l1 ccntnctor hIS I =l1ect1~e barqafning agTUllllnt proYidfng fOl" Ixclusive rtfer-ral flflld ta refll" . . iltinal"ity IlIIllloYles. Dfsaim1nation in reflr-ral . fel". IIIIIlloymant. IVln if ~uant to proYisions of I collectivl bargaining 19"emlnt. fs prollfbited by thl National Llbor RIlltlons Act. as ImInclad. and Titll VII af tlIe Civil Rights Act of 1964, IS IAndld. It is till pottey of tlIe OfficI of ~edlral Contl"lct CQ~lianc:a ProgTllIS that contractors havI I responsit:flity ta Ilrovf dl equal IIIlD 1 Or"'nt ooportllllf ty If tlllY wisll to Ilarticlpate in fedlrllly involvld contrlCts. To t.~1 Ixtlnt thlY have delegltld till responsibility far some of their . . 00234 - ;.~ ..,-. !.,- ,.. .,. ~ ..,.. - :~ ~ .- . . ~~ ~ ,. :. ". '0 ~_ ,. . .. :- . L. ..' .,' ~ I I I I I I I I I I I I I I I I I I I '\ I~. ',-, .. .. - \.; I ) .. -- --. -_. . -- ------ -16- .-pl018lftt practices to a labor or;anizatian and, as a result, art prtvented fram ~ting their abligations pursuant to ExlCl.lt1Ye Ol"ll.r 11246, IS ...ndld, S1Ic:1l Cllntractllrs cennot be ccnsidlm to b. in CllIllIllilnCl with Executivl Ord.r '1246, IS uand.d, its illllllllllJlt1ng rul.s and rtgUlltions. Plrt IV: GelIenl ~eoufl"tlllents. 1. Contractors Irt rtSIlOnsibl, for iJlfOl'llling thlir subcontractors fn wrfting, ragardless af tilr, IS to th.fr resll.ctive oblfgations und.r Parts I and II h.reof, IS applicable. When.v.r a contractor ~Cllntrac:ts a Ilortfon af the work in any trade CllvIl"ld by thesl Bid Conditians, ft sh.T' Include. th.s, Bid Conditions i.n sud! subCllntraets and eac:lt subcontractor sh.ll be bound . by thesl'Bfel Conditians to th. full exUnt'lS If ft Wire th. Ilr1_ Cllfttra~tor. Th. contractor shill not, hewev.r, be held aCClluntabl. ftIr the flilll1"l of its subcontractors to fulfill their obligations uncl.r th.SI Biel Conditions. bev.r, th. pri_ contractor shill giv. notice to the Assistant R.gional AdDinistntor of th. Offic. of FtClnl Contract COIIIlllianCl. Pra91"UlS of the C,plrtl:llnt of 1.abor and to the contractfng or adminfstering agency of illY I"Ifuul or ... faflure af any subcontractor to fulfill Its abligation~ uncl.r . . . ,~ ,1)35 \.} :.J..-, -' '.'.'J - ~~~~ .... - -- .,',- ~.... - - ~.. ~ :.~ i~.,," - .. . :4 ;-. , " :.:.... .. . \a-, L. !,,_N , -. I I I I I I I I I I I I I I I I I I I -. (.') . ' ,. ( . " \. .. " \..-. ( .J '--. n -.-. -17- the.e Bid Conditions. A subcontrac~r's failure to tDmP1y will be trutld In the SIlIlI aanner u sucll flflu,.. by a prlllll contractor. L Contractors he,..by a9"' to ,..fra ht fT'Olll III ten ng into lilY contract or contract IIIOdtffcation subject to EllIcuttv, Orde,. 11 Z46, u u.nded, wi th I contractor debarred ~. or who is dltlmned not to be a "",sponSlble" bidder for Government contracts and federally-assisted construction tllntracts pursuant to the Eucutive Order. J. The contnctor shill carT)' out sucll sanctions IIId pellllti,s forvfolation of thesl Bid Condftions and the Equal Opportunfty clausl fnclucUng susPIIIsion, tlr"llIination and caI\Clllation of existfng sullcontra~.s and clebll'lllent f1"'onI futll,.. contracts IS IIIIY be flllposad or ordl",d pursuant to EucutiVl Order llZ46, u u.nded, and lti llIIpl...nting I'IgUlltions by the contracting or IdIIrtnfstlnng agency and tlIe OffiCi of Federal Contrlct C_lfancl ProgrllllS. Any contractor who fafls tD tarT)' out sUd! sanctions and PIIIII ti IS shill al S9 bl deemed to bl in ncnCCllllllf ance wf th thesl Bid Condftions and tllcutiVl Order 11246, IS IIIlIndld. .. ~. Nothing hlrefn is Intended to ",IfIVl any contractor d.uring thl tll"lll of its tQntract in. cciaplfance with Executiv, Order 11246, as amended, and thl Equal Oppor~ity c(ausI of . . 00236 ~ -. ,- . .... . ~ . "1 ~ ~ .., -. - '" - . . . . .r. .... .. " _. , , .' . ,. ''!'.' j;'-~ - -: . 'r'o , , , ,': "... k.,;~ ",;1 .,. I I I I I I I I I I I I I I I I I I I , " , ! .....' .-, ( '- '-' .,J '- ......:.----.' ----. -_..~ ~ . -18- Its =ntnct with "s~ect t= Nt~1"S not covered in tile e .....".Sllttolk ] PlIn or in Part II of tMs. Itd C4nditions. 5. The Ilr''OCId1.ares s.t 'ortll tn tiles. Bfd C4ndttions 1M 11 not apply to Iny COfttrlct wilt c:Il tIl. h.ld of the c:llftt1'I~ing or IclIIrinistel'1ng Ig.ncy cI.tenainlS fs .suntill to thl nltional secul"ity Ind fts aWI~ witllout fallawing suc:ll procedures is nKaSlry t= tile nlttonal security. Upon ~king suc:ll a atenllinltion. tM agency held will notffy. fn writing. tn. Di~tol" of the Office of FtclenJ C4ntl"lct C=aplianCl' Programs within thirty eIIys. 6. Requests fol" Ill..,tions fronr tIlesl Bid C4nditions IlUSt be ..de in writing. with. justification. to tIl.. Di~r. Office of Fedel"ll Contnct CllIIIIllianCl Progr... U. S. Deplrtment of Libel". Washington. D. C. zazl0. and sllll1 be fol"lfl ~Id througll IIId wi tn tile endol"SllIIIII t of the held of thl c:llfttl"acting or Icillinfstel'1ng 1gency. T. C4ntl"l<<01"S illS t ItHO sucll records and file suc:.'t r"I$lOI"ts rellting to. the provfsions of tnes. Bid C4nditions IS shill be requirwd by tM contrlcting or lcillinistering aglncy or the Office-of Federal Centract CDmDlf.nCl ProVIlllS . "'r- : .... ~ .... cy.' - w;.=o ..~-. t,~~ - .,- .. ~,. '. ".. . .- '. . ,.:.r.- .,.... , . .~ ...... - . . - L....- . . --. , . . lOt' . 00237 -. ..- I I t I I: I I. I; I I) II . I. I I I I I I I ( "" '.-.J -" - ! . - c "' ~) .. "'-'"'- . __0- . -. ..-. .t9- ( For tll. 1nfoJ"llltion of b.ddll"S. a COllY of tll. t 1f....II.SlIff.llc ] "Ift "1 b~ obtafnld f1"Oll tll. contl"actfn9 offfca,.. A list of trades ,"Melt art ~rn1lt1:t plr-ticillatin9 fn tll. ( "...11- llIlf. lie 1 '1&" lilY b. obb f nld fT'ClIl OFta'. or tll. contl"actin9 or a~inistlrfn9 aglncy. Sf;n'~ this ZSth day of July. 1975. . Isl S'Cl"'ltlry of uoo,. ~Sl ASslstant ecrttary Tal" ~lo~nt Swd.lr-es 151 Lav~~c! Z. Lo~e~ O;l"'IC~l". OfflC. ot "cI1"11 CQntl"1~ I:.=lplfana Pl"Qql"1IllS . . - --" 151 I ATTACHMENT V I ~'E" YO~r.;: ST.:''.T-:':: L~?;.E'~:-:\':::'-,'1' O~.. ::;lII;C~~'~:~~~L C::j~:S;:::rJ~.':':C'01 gL\~" c;~~;. D .:;.-:. ~.JfC:-~-f 2 ::;-::~~-:-< :,,~:'~~"',;'~i<':}::~' _ :~L ,..i :':C~,T;.:::='7~;-- ---------.---------.--- I I Pl-2?s2 ~.: .:..d~/ iS~2(l ':2at the fo110'';::'1":9 L.:::;....9U2.9'e sheJ.l ~ :L:cl1..:cL~ i..'1 t..~e cor'.tract , ~, , S:t€'Cltlcat:cns: I THE P?,IrS CCUI,?,ACICR f'.G?2ES 'IHAT FS/SHE SHALL H:\KE uG:CD-F.Urrn Sc"fOi:~J311 TO SU2CO~~TR'-;C.'T A:J..l LE.asr" (10) pc:RCB-;rr 1ill,:ORIIY BGSTh"ESS E},~R- PRISE l\:;U l{j'. L2c'.ST (2 ) PE.F~~T h"C\,tu1' 3 BGSI- NESS L,\;"'lE..'&rtIS;:: CF TIS '1'.::1';'1:. W:u.;?, Cr' I CCt IT?..~~CI' . TP..:8 c:=..;'.L s:};~~ 2::: CC;T_~_"2'::D 1ns ~1 CC~.;- I FC?':':~~;C2 ~;:'r;:I 1:-3 SIX (6) ;....?FI?Y~\T:.~,-.:: ST'':-.2S M a.:I'LDiED 1): ~O C?2.. 33.240, F.;ULL:\2 10 CB':'t"\I~; 'l~~SE PE?..c2-."'I;'.::;:S OR nE:'~C~~3TR.:;'TI !?CSI- Trv~~ EFFO~ 'IO CO S:) ~"'").:i Lz..:-..0 TO ~';TT:-J.--:CLDTI,;G CF CC~"TP~~.cr ?~.:!~~{l' ( s) . I I NI'I':lI~J '2~":'1 (10) ~';C?:-(I~':'3 r:.~.:::.S OF 'I'f-2 ?-';\;...;:\D OF ~lr~ CQ';~?;~CT, T-lE P?,..:e:.s CG\l~'..~CIC.:\(s) S~P..LL 3uc:'LIT ~~";.'j ~32/'l",';BE [/.2IL::2;\~IC?~ ?L.;:'J ,'lIT::-i A CE- T:JU:J DF..5CP..I?r:::u C? rr:::;, S2~~lIC2S TO 32 ?:sc- VIDE:D AS hELL A.S .~~-J EST~Y..~.'!'::::D iX:LI../~R ;,../.\;cC~;T OF EACH SC2CCN'T?:.CT. T:~!.s ~"~.Ej;'IB::: LTILlZATICN PU.1~ SE~LL TI:E~~~::I:{ ;::C\'j TI-3 ?9..Il-'lE CO';...'8;,I.....1'..)9. P;\C?CS2S TV .~.;~:112\S T.:-~ 1:=:::/;':EE G:;J.S ~;~~D D1 T:-!E ();<i';::~:21 S ;,EP?C?"::.":J :.'32;<:;':DS T.lI'ILIZ';'\TICN" PU.':'l. 'Ii-IE P?~[V.E CC:'(T'?~..C'=-::_2 1:3 ?RCPCSED L"TILI::'\:'ICN ?L.~..~1 Sc-~~l.:J 32 SJ2~'1:: l'....::.D TJ T:B C;'2;r:.?' S ~'~2/~'3::: C:?::CSH. I I I T:'l~ 0>.:..-.~q' s :.....,.~:::,/1;'2S c.::~' ~-f,:?:~ S;-.,:'.l.-l.J =.,::::-~.:?\:~ ~ECC~:: ~:-2<\':'_:'::';3 ?:::C:"::'_~:_;-:~.., _; r::-:= ~:':-:.:-: '.,-: .=I~' ~_ I 'l'?.~'.C:"":?,,;.:;) t..T_~:":::::=,:-_':'I(>_; - '.:: ':''J '~"::-~>::C" _ -'.\. ;.~ ': ~ i-:~; ri~}; "....'. ,.J..\.,. . ......- ..-,,~. ."....\""-..:-. : ~', : ..:.::::::: :f~' 0'= S:"-C:_j 2I/-2:. erG:; ~"?'~:::.~~:T c~" :'-i::'~~2: I R::C(..: ~':2~;..r.c:C:i5 1 :.:~::: ~.;._:S~~-C/c.1.:\ ,'.1L-.l ?~/I2-~ I'SD ..~!?P::C~.rS 'I~3 Ir.:'IL:-:._"\'T:CN ?r...:\~J :? IT CU~,:'.,",::'-":'.Y .c=:"-1I:2\'i.'?'S ':~?~~-,:::~S 'TO ;.C:.Li::t;,.,-S 'I'EE F..E::CL::.Sn ~.:2:':/':'-:E~ C::.~3 ~ I I ~'-c~.\;~ -<~"2 I I I I I 2 I FAILtJFE ro S"l.T2~'UT ;';'\0 8ECSI'iE ~;Y2CC;C/C;\..~. .;?P?D"i.::.;L C? TI:E ~'.3E/';'33 f.J:J:LIz.;,.TICN PL..::\.N PRIeR TO '11-:;:: FIRST R.:~CES"i' Fe? :?A~-:'2~T BY THE cct.~}t:.CICR Sr!_lli~ RSSL"LT ~i THE ~'iITH- EOLDI!\G OF PFCG? ZSS P.','C'lE'iTS BY TIrE o.,:'iER. SIJCH HITP.ECLDl"C;;:'; Ct' P2CG."'.ESS ?f,:C'lE'iTS SH.ilcLL N:JT RELIS:i'E T;-I.B roiT:'..v'~CICR CE' A.\ff Rc.---CUlRE- MD."l'S OF 'Y.-:E CCt7I'?Acr r:;cC":;.!ENI'S n:CL<.;uI~;G THE CCHPLETICi'l OF 'IF.E PfDJ2cr vlI'IHIN Z'1E ~"'I'R-'..CI' TlHE ~:J ASY CC(liSTRCCrICN SSGC'~.~CE REQUIR&\iE~iiS OF Zili CCNTR;.cr. I I I I It:r.nrrN TfIIFTI (30) D.\YS OF ;'.?PP,r;",?L C? 'It-.:E mILL Z;..TICN pr.;.~~ 3Y ~;Y2 C~C/C.'\t\ 1 THE CCt-i- TRACIOR S,PlL seEmT OJ?ES 0"' SIGiED nEE/ h"3E SCOCQ:T?_~.CTS ;SIl/OR PLTCP.5E ORDEPS TO THE a'~~~ 1 s ~~~E/~'22 C2'FICt:R ~'jEO S2~...l ~ TUN. FOE0;:"l'.D ":'''::SE D:::C...YE;:::S TO NYSDEc/mA ALCt:G 1j'/ITH EIS/HW. R2CCt\.2.-:.E:.~L';TrCNS 'tjrr~IIN FIVE (5) ,.:cum;;:,; D.'I.YS O? p.EC2I?r OF see! CCCi.","7'fE:~TS. TI<t:'SE St3::::X';TR;crs A~~D/oa PUOCH.~E OPD~i.S ~':'";';ST ~~CL;"i-oE 'IRE POLLO;'IIN3: I I I 1. Acn:;'L IX)U~~_q ;'~KX.;NI' 2. JOB DESCRIPI'ICN I 3. SIQ.,D,T"u:cES OF Km1 PI<.?TIE-S (P?J:~'!E/ ~:S2/ 1';13::;) I 4. r.~.T'""".:.S 02 EX:::C:.i'TICN ~~orz : PUc,C:"';.l>.5S O~)I::~:?5 : :.:S'.:.' .:.:CC:.;::.~:i:..:=':J I 8~. C:;?~::3 C'? :.-=~~ 3I:':'S ~? c:.""'~C.::IL~T) CEEC:':~ I';' '7"'....'';:' ....T....~,"' t'T'V"'. ":'r:" n.~~~!";' .....~; "'''-.JD .,!qC'/ .. .... LJ ~,'...).,-'\. .)....-..1 __I ~'~_'" .t)j, ....lJ.J ."_ .... I viBE St"TCCA~'J..'?j\C~~'::.S IS ~~C'l' ::::C::::Cl.":::=-' ro CQ:2.Z':CE ~:-rT:~:::'I ....i.""':-1E ?'I?5':' 1"2;.3 I OF THE p;:Q...iEcr I TI-:E PP-I~ [E CCN- 'l'R~.croR ~.t;y SU2.:'!!T SIG::-2D :.:EE/;'2S SL13CC 7I':~_:-..c~:s S ::~I (50) D,~::'S ?~!.la:( 'TO TE2 ~;::':~~ c2-1:;-(; CC:;c'. "'~1iI3 ~':I.L~-, I Ct,:-r:::"' BE ;'':;:,La:~"8 IF TEE ~?-i--:.I.~2: CC~,~- 71'~:~:~(~Ci;\ r-~;:_S C~E.~.l.::'.L.,l." I,,)~'-::':'::~l.~:) :0; T~~2 L'~.'rj~I=.:"..:':~C:~l 2'[.:"::; ~\ '.;.l:'::::': :~::~":r:S:;=-E FOR C:~~~:',::r:':':G Cf__/.:' '1:::"::; .I'."):::~~ ~-o E~'~ I FS?'..:C:=: =~:) 3"/ :"~~/l'~-S S~2C::~'(~-?..;~.'-:'''~(-;;~; I ;~,jD E::'s ~:::C:_--:.-:;:::;) .\ r..=T'T~? CF I~;~L.;::','l.' 1 SIG:;:-:) 31 ':.":3 F:..~S:-.=Cl'r:r..:: .?~~":{.~ 1:::3. I I I I I 3 I I 'BE: 0l.L~'DP. :::s .".J.,vl.SZD '~ FAII.D?Z 'IO SUE:,!.I::' SIG-T'oT.) :e3E"iliEE" SC2CQ;'l:..-o.ACIS 1'I-rcr<.""T;'{ 'lSR.. ~1I:'; SY-!J?SV=u SEAU... e.~ ~-r:chU;: ::c.q, >'/ITEEOIDll']'; ?:'~~5 P..~TS. BY riSE CY1-iER_ soca ~,.uSEcmThG. CE P'~,(;Q:-::-S PA:l..'8l1::J SPJ.LL. ~ !?!=;.~'7E. 'l'"~ C-."'N'TP..:'\C:":R CF ..~'"Y I I REC.mE..\~~ CF ~S ::::.:t:;:::;..c:: D.:C2-S,(.':S' :r:::1CL......1JJLSG T:::.""""E. c:t~L::..:..:J..CN CF ......'" ~~c: WIljo"="'1 m::7 c::.:NI':?_a..C TDE ~;"'<<TI ;"1-iY cr~ S.l.:..o...~!CN SE(~CE.\G RZ~{J! ~\fFl'1~S OF 'lSE CCNl~?ACT.. I I ALSO r ?I..E'2-..5C: 2E. J\.C\7I~ ~~ IF ~SE/";~E ~u.:'.?TJr..-RS- ..;?,E ....LGlZED eN i\ PF("..vr:x:T I G...12 'I~~"E..\1:~-"rvE: (25:J-) 2:::-C.:2r~ CE' 7"~ ~B.E/1'IBE. G:..ll.L. C\N 38. ~ 3Y 2CP'-=..'SZ CP S\I:-;?f """s , S.8G'?3CU::'''S Ci? 'T''1.' CCLr..A..J:< """co,~.::: Th'I7CLVED ~ G.l."'JL.~S: 'IS ~,'!2.E/^"EE S\..;.C".~~.....-<.. IS. AL....C:O "...~ ~.bl:~.;-:..cT:RE:~ cea "~"': ;::t.,;Z":] T?S. ~~. :NSJ:.~l';C::r Ci.'iE. sC:~';Lr2D (leG!!;) 2~ C:' ~ ~.v Q.N as A?PLJ:E8 'TO '~ ~'r.ac;/ (?.3E; CCAL. I I ~E/^'BE ( s) :.TS'II 38' ?~G=S:'Z?_s) 3Y ~~ I S..:::'..S.. ;:::??\~'!E-:T2 C:P C:~'1'~C .~)::o :.:S':.-:=-::: WITS ~'Ti::::EC/C~_~\ 327CSE "~::i:<: C:;.}~ == ti"f~~C'i/:.':' :":R ~:c~~:~ :?J..:~:""::.:?~:.~~>=,:: I ?E=t:V=::-:J .~--::c -::J...r:.-::'-3'3'_~:: :-~~2, "~;-~=;:3', ~/I;~C I REG::S:'~ ;:;JJ ;.!::::s~ .:':..:::::: '?:::'CC:~::-E:':.:~",":'::; .:2 NYSi:EC/C";'.,(\ APS ~~G:":::~ ::-r':R ?;'i~-:::::?\':".:::~i I eN- PSOJ i.:..~S .. I I I I I I I I " , I I 'Ihe N.Y. S. ce~~n:ent of Envirom:ental Conservation I s Office of Affirmative Ac-':ion advi3es the Cwner of the follO',.;ir:g: I I Prior to sc:t:mittal of H32;-,.:SE fiers tC' t-'"le ~l.Y.S. Deparb,,ent Enviror:~~r.tal Ccnserl2tion's Offic~ 0: Aifir~ati~e Acti0n for particip.aticn ::""'1 t..~e ::BE/n'38 CaT;>liZlr.ce Pro;~'2r., t.~e O,.mer r::ust. revie-",' the n.2cessarv cocLJT~entaticn ar:d orovid,;: w'-1e N.Y.S. Decartrr:ent of EnvirCt_i:2ntai CC:1ser'/aticn I s Office cf ~.ffit:r.ative Actlon with =ec'':;lT":-2i.caticr.s ar.d/or o:r::::ents regardir:g tr.e validity of t..':e ~2j';'32: firi1'.3 stat-us. I I r-'EE/i';"'2E s:.;.bccntr2.cts ar.c s~9re..;:.T~~ts !LUSt be revie.,;s.d ':;;y ~~e G'r2..~t:::,; ::.::rio!." t.o sutr;:it~a1 to tte N.Y.S. D'~t=a::t.":-2nt of Environrr:ental Conse:'c;aticn's C::.:.l.C9 of );ifirrr;atitle .?-.::ticn I s ~E/iqSE Lnit I 'I'he ~~.Y.S. D=p2rt.rr.S'lt of Envircnn~i.tal Ccns2rvationls Gf:ice of Affir;(lr3.ti~.-e l\ction requir2s tha;: t...u (2) t,;eeks1 r.utice b.; give..l'"l prior to pre-:,id and prs-~nstrt;cticn 7.(:.-<.=tii:gS to alle',,; for ~'1e N. Y .8. D2cc.~.~~e::.: of E.;-;-/iror':::241tal Cor..3~:;:-vaticn I s Off ic~ of Affi:C:'.3tive Acticn .:;d~f:.c.ials atter.d2nce ar:d t"evie;.j of !1BEt;"r-Sr; ccrr.pli2..l'1ce requir€.- rc~nt.s. I I Fcdl:.1t"~ to rtG'2t '.:he F"C:::visicr.s for tIlis 1".oc.ic-e s:.-:2..l1 be S-t"Ol":i:C.3 :or =ss,=.e:-:1":L:.:--.~J ':.2-j ~s r:-.e'~!:.L-:g. I I I I I I I I I I I HENRY SOUTHER ENGINEERING INC. I I I 25 Terrace Drive Vernon, Conn. 06066 Tel. (203) 872-2703 I I I I I A. RICHARD LOMBARDI. P.E PRESIDENT I I I A Division of: A.R. Lombardi Associates Inc. ENVIRONMENTAL CONSULTANTS I I I I June 20, 1984 Nell York State Department of Environmental Conservation 50 Wolf Road Albany, NY 12233-0001 Re: Fishers Island Seller District Dear sir, We hereby certify that in our opinion, the specifications for equipment and materials incor- porate a clear and accurate description of the technical requirements for the material, product or service to be procured, and include a statement of the qualitative nature of the material., product, or service to be procured, and set forth those minimum essential characteristics and standards to IIhich it must conform if it is to satisfy its intended use except IIhere, in our opinion, pro- viding this detailed description lIould be uneco- nomical or impractical as compared to employing a "brand name or equal" specification in which cases the later lias used to specify equipment and material. Very truly yours, HENRY SOUTHER ENGINEERING, INC. a ~~.-J A. Richard Lombardi, P.E. President ARL:sb