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HomeMy WebLinkAboutScavenger Waste Treatment Facility Contract No. 3, 4, 5 - 1983_--E--D VS 1.21903 Tom OF BOU'rHOLD TO r-N OF SOCITHOL'D SUFFOLK COUNTY NEr,,T YO.tR-K s ; n WASTE -DiTEF DISPOSAL,DIS.T-RTC T SCAVENGER `rWASTEWASTET'REi"E!�?I' FACz�`xT_i' >.. E -- FELE-R-kL PR03ECT NO. C-'36-1120-03 ll1 t.4' PROD. .Tv-CT NO. SOHT 8.2-C+6 '•:�'7'etpr - TP �• ^� ;n f' +� .if- * Tris l nx--r 0NTP— %CT N0. ) — HEATING, 'iEi�i l r a,_�_ S.i�t: 4 !SIR t �7 ��i _ CONTRA0-2 'NO. -- E+LEC.TRI:>AL, ,nr ti - d}�^gin-• TOW 1�t - BOt�i-a. i SUPE RVI S0R 4" 11 aM R. Pell `j C0TUN C1"r. - MEMEBERS +a Lawrence' Murdock John N --k les ° 'za Francis Murphy Jaseph "L. Townsend TOW,T CLERK - Judith Terry APRIL 1983 4 HOLZMACHER,McLENDONandMURRELL,P.C. f" z '?' Consulting Engineers. Environmental Scientists and Planners Melville, N.Y. Farmingdale, N.Y. Rlverhead, N.Y a4y ;�rs • , s INDEX i HOLZMACHER, McLENDON & MURRELL, P.C. I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS TOWN OF SOUTHOLD WASTEWATER DISPOSAL DISTRICT SCAVENGER WASTE TREATMENT FACILITY GREENPORT, NEW YORK FEDERAL PROJECT NO. C-36-1120-03 CONTRACT NO. 3 - HEATING, VENTILATION & AIR CONDITIONING CONTRACT NO. 4 - PLUMBING CONTRACT NO. 5 - ELECTICAL INDEX NOTICE TO BIDDERS INFORMATION FOR BIDDERS INSTRUCTION FOR BIDDERS CERTIFICATION FOR NON-SEGRAGATED FACILITIES MBE REQUIREMENTS LABOR STANDARDS EPA 5700-41 FORM CONTRACT PROVISIONS OF THE F.W.P.C.A. MODIFICATION NO. 1 MODIFICATION NO. 2 ARTICLE 29 BUILDER'S RISK INSURANCE GENERAL CONDITIONS GENERAL SPECIFICATIONS PROPOSAL METHOD OF PAYMENT CONTRACT PAGE DESIGNATION I - 3 pages NB - 3 pages IB - 20 pages IFB - 1 page CNSF - 1 page MBER - 26 pages LS - 4 pages EF - 2 pages CP - 1 page M1 - 1 page M2 - 30 pages A - 29 pages BRI - 1 page GC - 6 pages GS - 6 pages P -A thru P -D - pages MOP - pages C - 28 pages TECHNICAL SPECIFICATIONS - HVAC SCOPE OF WORK - HVAC SOW -HVAC - 2 pages HEATING, VENTILATING & AIR CONDITIONING HVAC - 6 pages ill HOLZMACHER, McLENDON & MURRELL, P.C. I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS a w HOLZMACHER, McLENDON & MURRELL, P C CANSOLTINO ENGINEERS. ENVIRONMENTAL SCIENTISTS OIE PLANNERS NOTICE TO BIDDERS PLEASE TAKE NOTICE that sealed bids will be received by the Town Board, Town of Southold, on behalf of the Southold Wastewater Disposal District, in Town Hall, 53095 Main Road, Southold, New York, 11971, not later than 2:00 P.M. prevailing time on , 198, at which time they will be publicly opened and read aloud, for the following project: TOWN OF SOUTHOLD WASTEWATER DISPOSAL DISTRICT SCAVENGER WASTE TREATMENT FACILITY GREENPORT, NEW YORK FEDERAL PROJECT NO. C-36-1120-03 The work includes furnishing of all labor, materials and equipment necessary for construction of the treatment facility., which consists of the following: CONTRACT NO® 1 - SITE WORK AND LANDSCAPING CONTRACT NO® 2 - GENERAL CONSTRUCTION AND MECHANICAL WORK CONTRACT NO. 3 - HEATING, VENTILATION AND AIR CONDITIONING (H.V®A.C.) CONTRACT NO. 4 - PLUMBING CONTRACT NO® 5 - ELECTRICAL A deposit of $100.00 payable to the Town of Southold will be required for a set of plans and specifications. Information to bidders, invitation forbids, instructions to bidders, Form of Proposal, bid conditions, Form of Contract, plans and specifications, etc., may be seen at or procured from the Office of the Engineer, Holzmadher, McLendon & Murrell, P.C., 125 Baylis Road, Suite 140, Melville, New York, 11747, after 11:00 A.M. prevailing time on ® 198_ Bidders on this work shall be required to comply with the President's Executive Order Nos® 11,246 and 11,375. The requirements for bidders and contractors under this.order, which contains non- discrimination in employment, and prohibits discrimination in employment regarding race, creed, color, sex or national origin are explained in the specifications. A Contract awarded under this Notice for Bids is expected to be funded in part by a grant from the U.S. Environmental Protection Agency, Neither the United States nor any of its departments, agencies or employees are or will be a party to this Notice for Bids or any resulting Contract. This procurement will be subject to'regulations contained in 40 CFR 35®936, 35.938 and 35.939. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHOLD SOUTHOLD, NEW YORK NB - 1 of 1 0 s ;-I pS—ipm HOLZMACHEH MCLENDON & MUIMELL. P C �1 c4raM�aaaaoaae�o aa� aw.aa�.iocaaro�oeanna»a m INFORMATION FOR BIDDERS SIDS FOR PROJECT The Town of Southold will receive SEALED PROPOSALS for TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold at the Town Hall, Main Road, Southold, New York, not later than 11m00A.M., Prevailing Time, , at which time and place they will be publicly opened and read aloud. Use of the mails shall be at the Bidder's own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. BI® ENVELOPE All proposals and either the certified check or bid bond must be 'placed in a sealed envelope bearing the Bidder's firm name and address marked, "Project No. , Town of Southold, Suffolk County, New York", but otherwise unmarked. If mailed, this envelope shall be placed in another envelope addressed to Town Clerk Judith T. Terry, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Use of the mails is at the Bidder's risk. IN I ;i ,e Con SUl41HG, 04GIM"IPA AND QNVINGn AACHTA[ &CICNTI®1S I FORMATION FOR III )DERE (CONT° D. ) SPECiriCATION DEPOSITS (a) Deposits for specifications will be completely refunded to Bidders who return same in good condition within ten (10) days after r,ceipt of bids. Bidders will receive one-half of: the deposit amount tur specfications returned after ten (10) days and before thirty (30) days following the bid date. (b) Deposits for'specifications will be completely refunded to non -bidders who return same in good condition within 48 hours of receipt of said specifications. Non--Wdders will receive one-half the deposit amount for specifications returned in good condition within ten (10) days following the bid•date. No deposit for sowinfica- the titons will be refunded to non -bidders after ten (10) days following the bid date. In -2 t Ji) U HOLZMAC1401. McLENOON 6 MUHRELL• P C a1�e�w!^IaMM r QDaw0.1.A Y rW W �.r.,aV.K)aW al K .CK INFORMATION FOR BIDDERS (CONT'D.) SPECIFICATIONS Complete sets of specifications for the inspection of .prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York, and at the office of Holzmacher, McLendon & Murrell, P.C. Consulting Engineers, 209 West Main Street, Riverhead, New York, or Suite 140, 125 Baylis Road, Melville, New York. All contractors must leave their names, phonenumbers and correct mailing addresses upon receipt of the specifications. VERBAL ANSWERS The Town, its.agents, servants'or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed work and of the actual conditions and.require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of'such estimate or assert there was any misunderstanding in regard to the scope of work. The Contractor shall inspect the,site and existing conditions be- fore submitting his bid. r PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked for, may be rejected. On those items in this contract for which there is a stated maximum and/or minimum allowable bid price, each bidder shall be responsible 7 for making sure that his bid falls within the stated limits. When the 2 price bid is lower than- the minimum allowed, the bid price will be ad- justed upward to the minimum allowable price and when the price bid is higher than the maximum allowed, the bid price will be adjusted downward to the maximum allowable price. SORT IB -3 r 11O1ZMAC11EH, ,.1CUEHDON & MUHRCU- P C. / 1121.1 GOIi P. CON7Ul1'1N0 D101Nt-LH® ANO [P/VINONMWiAt 9CIEWI®i9 1 NI t)1MA I I 11N FOR 11111111:1"S (CON] 'D. I %�s 5115` l°tit 1111:11 C` ll l 1111:1111 1 t B CN (1 I 1 1 l`Illti :i t a (.C(.l 111 t lie I11'11111/s:1 I a re al llll rox 1 Ilial t e UII l y , II 1 title rs are retlLl B 1'etl t t) ti1115111 fl L t Ili' B B' l5 1'tllllDti.1 I tllloll and ill tile 1*01 1 owllig express Colitl I tions, Vill l ell till:'' 1 .115111). :Illtl hccolllc a Ila rt Of Cvc 1°y I)rol)us:l 1 1°cc°e i vett . liaeh hiJJ�°1° sh:lll Lill olit, itl ink, in 150th 1401 :IB1J I°ip�ul•cs, in tile~'Dace°� 11rUVllll°J, his Ullit or 1/111111 stll:l ID ill, as tilt i:ISG 111.1)° Ile, I•ur°:1th iteBll in S:1itl 1'01°111 of Vrol,osal for wiliill lie i5 tillhmittinl; :1 bid. No bill will be considered which does nut include hit's for all a v®� 1 CCIIBs 1 Il [Til; 111°OlDOsa 1, 1 I1C 1 ltd 1 I�1 P t J Int ®�c.olll�i If the bid is not accepted by the°.Town within forty—five (•IS) days :11is°t' the t'c`ciht of' hid,, the ohl igat iotl of •t lie 1)ititle r andel• this l)1'olDosal nlay ternitllalte at Ilis olltion anti he shall tllerc- • ulloll he entitled to .1 refund of his Ccrt i f ictl cheek ot° release of Ili--, bid bond ftlrnishct, by Ilius :Is security with Inti III-0110sal. IIII) BOND lilt CEIVI'11:1I;11 (:III:CK ^�Iiacll lDrul)osal 1.8'(1111 a contl•elctol• ,hall be.aa�`$Itl1.111 ll lt(°olNrw°11'oIt itrk, ill I)olld or ccrtifie(I chcCh oft a solvent hank of tile I,id. Such Check shall the :'mount of five l)erecllt (So) of the total be Illatl'c I)ay:ll) lc to William it. Pell III, Supervisor, Town of Southold, idcw York, anti the alllount tliercof shall be the measure of l itluidated tlalllalbcs wIliC11 tile '1.01411 will, sustaill I)y the failure, neglect or refus:I1 of the biddc�fl• to cxccut�` ani! dclivc`a• the cont".1ct., slloulcl the contract be al4a riled t o Il i nl. The ClIccks of all unstic:cess Clll I) l ddc°rs wilt he returnctl ll (1 Bi 11 illi` 1•cicction of bids and the execution of the contract g by rile l)arties® also, the check of the successful bidder will he returned tll)oll the cxCCution Of the cotltract and tilt: ful•nishing Of the retltl 1 1•t°tl bond . NAME OF It I nl)Iilt I::ICII IDJtlder IIl11St st:.ltl: 111 Ills l)rol)usal, Ili~ (1111 1l alllle :88811 I)llsl' ncss ailtll•Css, and the It'll 11-1111C of every 1lcrson, 1`irin ol° coll)alatiun interested in tale SM11C, ant, the address of every 1)cl•.c-on oi° l i rlu or lllesident anti sc`cret.Iry of every cofl•I)or-l"011 interested kith Ilim. If 91 C0+49ULnN®•®VOINCSAO AND LNNIR0NI+9CNML DC14-l"16" I NIaORMA'r iON FOR BIDDER (CONT— 1), ) no other person be so interested lac aollost cllstaalctI), staate thaat faactp -also that his proposal is made without any connection dil°ectly Or in® ® directly with ally other bidder for the work la-as°ticulaarly mentioned ala his proposal; that it is ill all 1"esllects with l2t Bl--alld ol. ColluvaaoaaD and that alo person acting for or employed by the rowel as dla°ectiy or indirectly interested therein® or in the supplies of work to which it relates, or in any portion of the prospective profits thereof. QUALIFICATIONS OF 11111DERS (1) The `rowel reserves the right to waive -any i nfOR-111-1 1 i t i es in, or Deject any and ail bids. The Town reserves the right to re- ject any and all bids which do not conform to the 1a2'011esalls,, 01° "Poll which the bidders do not coomply with the requirements of the Town as to their qualifications. (2) All Madders must Drove to the satisfaction of the °towel that they are reputable, reliable and responsible, -gild that they pos- ® secs the necessary qua Iif1cat1ons to successfully del aver the proposed equipment, and tlaaat they have performed and completed successfully similar work to ail extent which, in the opinion of the Town, will _ gLlaalify them by experience to perform the work which is proposed. N (3) In determining the qualifications of a bidder, the Town will consider his record in the performance of any contracts entered into by hien for the work contemplated or of similar nature may snake such investigation as it deems Necessary to determine the ability of the bidder to perform the Work, and the bidder shall furnish to the Town all such information and data for this purpose as the Town may request. (4) °rhe Town shrall be the sole judge of the qualifications of the bidders and of the merits thereof and reserves the; right to reject any bid if the record of the bidder in the perforanance of contracts, payment of bills and meeting of obligations to subcontractors, material - men or employees is not satisfactory to the Town, or if the evidence submitted by or the investigation of such bidders fails to S-atisfy the `rowel thaat he is properly qualified to carry out the obligaataolls of the contract anal to complete the work contemplated thcre.in. GUARANTEE BOND 'rbc successful badder shall be reclooired to furnish -at. the execu- tion of the contract an executed bond of a sue°e:ty coanpaony authorized IB - S C,O43ULrINO LNOINCa-A" AND [Nvj{TONMCNTAL &rJ&NT1oT9 INFORMATION FOR 111 11111:11 (CONT. I1) Ycl°'I. and ll to do baasialCSS in the state of New ll)11°®)laOf the Coo ol1`aaaatluaal11 Dot ala at cquaal to ogle hundred pa:a°celit. tlDe colltfl'aaCtp I;aa.'Ba°aaalteciolg t.o the Town the Iaaitlalaal perl'laa°alMalCC of tlae Le)Bata°a66 tD aaaa®I IDaayalIeBat ol: eall L IaaaanS for maateriaal�® laalalDa° aaaDal adages in connection, tlacreswi tit ° SIGNATURE OF CONTRACTOR I its I 1 as t tc°sad as t the The bidder to Dailom a contract may be aWaarde®s Office of tile °I°ol�na© wathth�.t��actL thc,d�tcc®fc➢slot i icatIly, 111111P Dion➢lby ague`s 1 of (10) days, Sunday exceptede the acceptance of lois proposal, and there Sign the Contract iBa gaaadrttai�� este for the work. be Iaa vase of laaalua°e to clodso, thethe `hec�bidder Qaccoaol�anying hiassproposal � laving abandonaed tits: saaanc® and a" tlac bid bond shall shat I 1 he forfeited to the Town, or the penalty be invoked. C11N°fI:ACTO °S INSURANCE A The contractor shall not commence any Mork tint i1 he has obtained and had approved by the Town all of the insur:anC.c specified and required in the contract. WAIVER OF [ P°loll IN I °f Y Attentioaa Of the bidder is hereby directed to the a•eclaairenacanic of the General Municipal L'6g.Dd of taanici lal Laalrile State ofaJacba®dingn�waiv�er11, a•ofcular to Section 103ma of tllc GeneralPI I ImmunityTT® as indicated on Page: L�8 of the contract. ' It 'SPONSIBILITY ,sill: BITT"t Attenti®al is lle."')y ! Da11•ticularly directed to file provisions of ehc contract `vI►el•eI�)° tile css ontractor Wall Ile a'c'laola;aa't�thel`eot-ill�°Ju®ialg or damage tllalt nlaay happen to the matex°ial or any I' its delivery; and also whereby the coaltractor ;hall na:akc� good any defects or faults due to materials ol'and acceptance. Ilip :thin tWelve (l?) months after its delivery® placements s 111-6 (YIaV 'l ll�T1N®• lid Al 4Q,t4[[Ad AND [NVIWONAI (OC.ICN TI®TB I©-7 State of New York Bureau of Public Work 411 ie State Office Building Campus Department of Labor t N ;''S. Albany. N.Y. 12240 CONTRACT REQUIREMENTS Each public work contract to which, the State, a public benefit corporation, a municipal corporation or a commission is a party and which may involve the employment of laborers, workmen or mechanics, shall comply with the requirements of Article 8 (Sections 220-223) of the New York State Labor Law: No laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Commissioner of Labor. (See Section 220.2) Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed, and shall be paid or provided not less than the .prevailing supplements,at the time the work is performed, As determined by the fiscal officer. If the prevailing rate of wages,or the prevailing supplements change after the contract is let, each workman, laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current prevailing wage rates and supplements for the various classes of mechanics, workmen or laborers. (See Section 220.3-a) 4. No employee shall- be deemed to be an apprentice unless. individually registered in a program registered with the New York State Department of Labor. The allowable ratio of apprentices 'to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the prevailing wage rate for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. ( See Section 220.3) 5. (a) No contractor, subcontractor, nor any person acting on his behalf, shall by reason of race,. creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. (See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall, in any manner, discriminate against or intimidate any employee on account of race, creed, color, disability, sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age, marital status or religion. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract. (See Section 220-e (c) ) (d) The contract may be cancelled or terminated by the State or municipality., and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti -discrimination sections of the contract. (See Section 220 - c (d) ) IB=8 PVN -3 (9-82) A OCCUPATIONS APPLICABLE TO BUILDING AND HEAMY /-HIGHWAY CONSTRUCTION SCHEDULES Page 1 SURVEYv - B PREVAILIIIG RATC SCHI=UULE State of New York Case NUmbC.r Bureau of Department of Labor Public Work 830.1 �3f SUFFOLK COUNTY VILLAGE OF GREENPORT Prov- •SUPPLEMENTAL BENEFIT PAYMENTS al ling OCCUPATIONS wade health basic and pen- suppl. other supplements hourly welfare Sion unemp. rate (A) (F)) (C) (D) through (M) 'ASBESTOS WORKER Asbestos Worker 15.15.11-13 1.140 1.410 Z-2. 1S. G-1. 58, ------------------------------ Insulator 1S. G40 1.l°1-0 1. 410 I-2.1S,G-1. S8, BOILERMAKER -Eloi I ormaker 17. 120 SS0 1. 710 I-2. S7, H-., 04, G-1. 20. CARPEI-ITEli Carponter.(B'Idg. ) 16. -ISO 1.870 2.130 I-. so, H-. olf.G-.SO. 'FI oor Coverer 14. 900 3. BS0 1. 330 -I-. 90, H-. 10, G-1. 05. Carpet Layer 15. g£o0 1.971) 1.480 Dry--wa'I I Appl I cator IIF. 650 1.-530 2. 030 I-. 35, FI-. 04, G-. 90, Mi I Iwr.i,ght 1-6. 450 1. 970 1. 480 I-1. 25, H-. 07. D-.,03, G-1. 61, ------------------------------ Carpenter (Hvy/Hwy) r 13.450 1.530 2.030 I-. 3S. H-. 04. G-. 90, PI I edri ver 15.950 1.970 i.480 Dockbui I der 1°f. 860 1. 850 1. 330 I-. 90. H-. 10, G-1. 05, T i mberman 13.790 1.850 1.330 °° Helper 13. 320 1. 970 1. If80 I-1. US, H-. 10, G-1. 15, MARINE DIVER Marine Diver 19. 290 1. 970 1 48.0 . 035 I-1. OS. H-. 10, G-1.23, Tender 15 090 1. 970 1. 480 .035 I-1. US, H-. 10, G-1. 23, DRILLS -R Core Dri I ler -11.305 1. 000 71F0 Helper 9 SIFS 1 D00 .740 G-.19. ------------------------------ Gas/Oil Well Driller Helper/Tool Dresser Well Driller(Water) 13 100 1.179 2 250 Helper 11.100 999 2. 2S0 Pump Installer 3.SOO 460 000 EL ECT RIC.IAN_ El ectr i CI an 17. 200 1. SS4 1. 11'8 .2s0 I-1. 72, H-. 10, J-. 516, G-1. 634. --------------- Ma I Ma.i lit enance 13. 800 -------------- --------------- 1. 104 621 I-1. 104, H-. 086, J-. 41 , G-1. 03 -Sr Applicable on traffic signals and street lighting only. ------------------------------ Sound/Audi o-Insta 1 I /Repal r 17.000 1.060 1.060 I-1. 57. F-. 17, M-1. 14. G-1. 445, ------------------------------ T e I e p It o n v - I n s * a II /RePai r -----------------------------Telephone-Instal IIF. 000 2 D16 2. 29G J-. 2211-, F-. 14,G-1.484 ELEVATOR El eva•tor.(Construc•ti on) 1 I 990 1. 345 9SO I-1. 111-, F-. 035, °° Helper 11 240 1. 345 950 I-1. 14,F-. 035, a EI®vator(Moderiti z a t i on) 14 IF00 1. 31FS 1. 0PS I-1. 00, F-. 035, .. Helper 10. 800 1. 34S 1 085 I-1. 00,'F- 035, GLAD'IEN L' I azi or 1S 2S0 f,60 710 I-2. 00. H- 01, G-92, ;.tructura l 14 IF00 1. 860 2. 800 I-3. BS, H-. 11. G-2 00, Orna-monta 1 15. 120 1. 210 1 550 I-2 00,H-. 10, G-1.00, Ri gger 1S. 730 1. 230 1. 770 I-2. 00, FI-. 10, G-2.00, Chain Link Fence 1S 430 1. 300 1. 850 I-2. SO, H-. 15, G-1. 00, A OCCUPATIONS APPLICABLE TO BUILDING AND HEAMY /-HIGHWAY CONSTRUCTION SCHEDULES Page 1 SURVEYv - B (HEAVY/HIGHWAY) PRCvAILI1JG RAT1= SCIICOULC 2. 300 I- 571, H-. 37. G-1. 30, State of New York CilSC, NVldber 1. 267 Bureau of Dupartment of Labor 12. 9S0 1.760 1.200 500 Public Work Pi pe I ayer 8307.33f; . 975 1. 267 M-. 10, G-. 7S, Power, Ai r Tool SUFFOLK COUNTY 1.450 H-. 187, J-1. 258. D-. 08 Concrete VILLAGE OF GREE-NPORT 1.339 M-. 103, G-. 75. Wagon Dr f 1 1 Prev- SUPPLEMENTAL BENEFIT PAYMENTS Asphalt Raker ailing 1.040 1.352 M-.1D.G-.75, OCCUPATIONS wage health 1. 32 0 M-. 10, G-. 75, Formsetter basic and pen- suppl. other supplements Blaster hourly welfare slop unemp. M-. 10. G-. 7S, LATHER rate (A) (B) (C) (D) through (M) LABORER 17. 280 1. 325 985 I-1. 60. H-. 01, D-. 02, (BUILDING) G-. 75. Bas I c 11. 740 1. 530 1. 530 1985 M-. 10. G-1. 00, Mason Tender 11.740 1.S30 1.530 M-. 10. G-1. 00. P.I pe I ayer 12.950 1.760 1.200 .500 I-1. 15. Concrete 12.740 2.050 1.531) 2. 300 M-. 10. G-1. 00. Power, Ai r Tool 12.361) 1.320 1.79D 2.350 I-. S0. G-2. 00. Asphalt RJsker 10.990 .989 1.428 .000 M-. 109. G-. 7S, Asphalt Tamper 10.760 .968 1.398 1.901) M-. 107. G-. 75. Blaster 14.440 1.320 1.790 1.500 .4S0 I -.50.G-2.00. Demol 1 ti on 10.900 ------------------------------ 1.250 1.700 1 500 .450 F-. 03. G-1. O0, (HEAVY/HIGHWAY) 14. 600 1. 050 2. 300 I- 571, H-. 37. G-1. 30, Bas i c 9. 750 975 1. 267 M-. 10, G-. 75, Flagman 12. 9S0 1.760 1.200 500 I-1.151 Pi pe I ayer 9. 750 . 975 1. 267 M-. 10, G-. 7S, Power, Ai r Tool 10.850 1.000 1.450 H-. 187, J-1. 258. D-. 08 Concrete 10.300 .927 1.339 M-. 103, G-. 75. Wagon Dr f 1 1 11. 550 1.110 1.110 G-. 82, Asphalt Raker 10.400 1.040 1.352 M-.1D.G-.75, Asphalt Tamper 10.160 1.01G 1. 32 0 M-. 10, G-. 75, Formsetter 10. 990 989 1 423 M-. 109. G-. 75. Blaster 9. 7SO .97S 1.267 M-. 10. G-. 7S, LATHER Lather (Wood, Wi re) 17. 280 1. 325 985 I-1. 60. H-. 01, D-. 02, ' G-. 75. Reinforcing 15 720 1.325 1985 I-1. 60, H-. 01, D-. 02, G-75. MASON Bricklayer 15. 220 1. 780 2. 300 1-2. 0S. H-. 04. Cement Finisher (BI dg ) 16.520 1.990 2.350 H-. 01, G-1. 00. Plasterer 13. 4SO 2. 450 .000 H -01,13 -01,G -1.9S, Tuck Pointer 14.000 1. S00 1.901) I-1. 00. H-. 07. G-1. 35. Mosaic/Terrazzo Wkr 15. 990 1.170 1.500 .4S0 G-1.00. Terrazzo Helper 14.550 1.170 1 500 .450 a-1.00, Tilesetter 13.800 1.600 1.350 G-1.085. Ti lesetter Helper 10. 960 1 305 1.020 Derri ckman 15.230 1.230 1.510 I-1. 50, H-. 10, G-2. 00, ------------------------------ Cement FI ni ni sherCH/H) 13 500 1.940 2.270 H-. 01. G-. 50, PAINTER Brush 13 990 3 240 1.000 H -.23,G-.60, Structural Steel 15 280 1 680 .990 I -1.53,H- 075.G-.46, Spray 15. 500 3.240 1 000 H-. 23. G-. 60, Bridge 1S.280 1. G80 .990 1-1 53. H-. 075. G-. 46. ' Sandb I aster 15. 280 1. 61_10 . 990 I-1. 53, H-. 07S, G-. 46, Paperhanger 15 280 1 330 1. :330 I- 93, H-. O11 G-. 561 Drywall Taper ------------------------------ 13.990 3.240 1.000 H -.23.G-.60, Stripirig Mach Oper (H/H) 10.900 760 740 L1 mer man (H/H) 10 900 760 .740 I PL UM i:;=1. F' I umber 14. 600 1. 050 2. 300 I- 571, H-. 37. G-1. 30, ROOFFf_ Roofer 12. 740 1. 610 1 SGO I-1 18, H-. 0:1_, G-2 00, SHF_L'i P'E_(Al_ WUiLf:liR - Sheretmeta l Worker 16. 206 1. 764 1. 828 2SO H-. 187, J-1. 258. D-. 08 G-. 25, Si cin Erector (H/H) ------------------------------ 12. 950 910 1. 230 I-. 57, H-. 02, M- 88, OCCUPATIONS APPLICABLE TO BUILDING AND HEAVY / HIGHWAY CONSTRUCTION SCHEDULES Page 2 SURVEY it - 11 IB -10 a Ej State of New York Department of Labor PREVAILING ROTC SCHCOULC -CIa 7. a Number 8301`.S:Sfi SUFFOLK COUNTY VILLAGE OF GREENPORT llure:au of Public Work OCCUPATIONS APPLICABLE TO OUILDING AND HEAVY / HIGHWA- CONSTRUCTION SCHEDULrf; Page 3 SURVEY it - B IB -11 Prev- SUPPLEMENTAI BENEFIT PAYMENTS 01 1 1 hg OCCUPATIONS wage health basic and pen- suppl. other supplements hourly welfare sion unQtnp. rate (A) CB) (C) (D) through CM) SPRINKLER FITTER Sprinkler Fitter 17.320 1.000 1.180 F-. 07, K-2. 50. G-1. 00. STEA14FITTER Steamf I tier 17.320 1.000 1.180 F-. 07. K-2. 50. G-1. 00. SURVEYING SURVEY CREW (Highway a Heavy only) Party Chief 12.430 .900 .700 I-2. 00. H-. O5, G-. 70. Instrument Man 10.390 .900 .700 I-2. 00. H-. OS. G-. 70. Rodman/Choi nman 9. 000 . 900 . 700 I-2. 00. H-. OS, G-. 70. Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or after July 2.1979 TEAMSTER Excavation 10.52S 1. 612 2.832 I-1 00, Euclid Other 10.525 1.612 2.852 1-1.00, TREE TRIMt.ING 'free Trimmer 12 030 .000 .000 " Groundman.Driver 9.300 000 000 WATERPROOFER Waterpr oofer 14.S20 1.250 2. SOO -- I-1. SO. J-1. 54. F-. 08. Tuck. Poi rater 1af. 52 0 1. 250 2. SOO I-1. 50. J-1. 54, F-. 0Z1. Sandblaster(Mason) 15.770 1 250 2.500 I -1.50.J -1.54,F-.08, Steamcleaner(Mason) 15.120 1.250 2.500 I-1 SO,J-1.54,F-.08, WELDER We I der 13. SOO 1. 860 2. 550 I-3. 35. H-. 11, G-2. 0.0, OPERATORS OF POWER EOUIPMEN1 POWER EQUIP. OPER. CBLDG) Backhoe 14. 85S 1. 426 2. 500 200 H-. 2S, M-. 15, G-1. 00, Bulldozer 15. OSS 1. 4411, 2. 750 200 H-. 2S. M-. 15.6-1. 00, Compressor 11f.ISS 1.363 2.500 .200 H-. 25. M-. 1S, G-1. 00. Crune laf. 605 1 432 2. SOO 200 H-. 25, M-. 15, G-1. 00, Fi reman 13. S50 . 800 . 800 I-2. 00, H-. 10, G-. 70, Fork I I ft IIf. 780 1. 420 2. 500 200 H-. 25, M-. 15, G-1. 00, Front End Loader 14.950 1.43S 2. 750 200 H-. 2S, M-. 15. G-1. 00, Grader 13. 820 800 . 800 I-2 00, H-. 10, G-. 10. Hoi st Opr. 15. 480 1 483 2. 7SO 200 H-. 25, M-. 1S, G-1. 00. Mixer (A 11) 13. 550 800 . 800 I-2. 00, H-. 10, G-. 70, Oi ler 13 DSS 1 270 2. SOO 200 H-. 2S, M-. 1S, G-1. 00, Pi I ecir 1 ver IIf. 090 1. 200 1. OSO I-2 25, H-. 10. G-. 75. Pump 1S. 40S 1 476 2.750 .200 Rol Ier 16.260 .930 1.630 1 200 H-. 37, Scral>or 8 Pan 13. 8211 800 . 800 I-2 00, H-. 10, G-. 70, Shovel 14.820 1.200 1 050 I-2 25, H-. 10, G-. 7S, Tractor 14. 305 1. 377 2. 750 . 200 H- 2S. M-. 15. G -l. 00. Trenchi hq MO Chi 110 1It. 310 1 200 1. 050 I-2 25, H-. 10. G-. 75, ------------------------------ CONTINUED OCCUPATIONS APPLICABLE TO OUILDING AND HEAVY / HIGHWA- CONSTRUCTION SCHEDULrf; Page 3 SURVEY it - B IB -11 ' PRCVAILXHG RATE :CIICDULC 1. 050 State of Now York Case N_um Nor .900 1.420 Bureau of Department of Labor Pump 13 770 1 329 2. S00 Public Work. H- 25. M-. 15, G-1 00, R 14.820 1.200 1.050 SUFFOLK COUNTY 14.120 1.360 2. 500 .200 VILLAGE OF GRLENPORT 14. 11-20 1. 396 2. 750 Prov- SUPPLEMENTAL_ BENEFIT PAYMENTS 1. 200 al I i reg I-2. 25, H-. 10, G-. 75. Tractor 12. 155 OCCUPATIONS wage health H-. 35. M-. 15, G-1. 00, Tronchl reg Machine 14. 370 1. 200 basic and pen- suppl. other supplements hourly welfare sloe unemp. rate (A) (B) CC) (D) through (M) CONTINUED ------------------------------ POWER EQUIP. OPER. CHVY/HWAY) Asphalt Spreader 14.580 1.402 2. S00 .200 H-. 25, M-. 1S, G-1. OO, Backhoe 14. 9S0 1.43S 2.500 .200 H-. 25, M-. 15, D-. 20, C-1.00, Belt Loader 13.820 .800 .800 Bulldozer 13.770 1.329 2.500 .200 Compressor 15. 20'5 1. 4S8 2. 750 . 200 H-. 2S, M-. 15, G -l. 00, Concrete Pump 13.1390 1.200 1.050 I-2. 2S, H- 10, G-. 75, Concrete Breaker 13.330 1.289 2.750 .200 H-. 2S, M-, 15, G-1. 00, Crane 14. 58D 1.402 2.500 .200 Drag l i ne 14.370 1.200 1. OSD I-2. 25, Ff-. 10, G-. 75, Fi ni shi ng Machl ne 13. 550 . 800 . 800 I-2. 00, H-. 10, G- 70. Fireman 13. SS0 .800 .801) I-2. 00, H-. 10, G-. 70, Front End Loader 14.30S 1.377 2.500 .200 H-. 25, M-. IS, G -i. 00, Grade -A l I Oper. 16.000 .9G0 1.520 1.200 H-36, Grader 13.985 1.348 2. 500 .200 H-. 2S, M-. 1S, G-1. 00. Mechanic -Const Equip. 23.770 1.329 2. 500 .200 H-. 25. M-. 15. G-1 00. Mai nt. - Greaseman 15. 055 1.444 2. 750 .200 H-. 25, M-. 1S, G-1. 00, Oi I er 12.370 1.203 2.500 .200 H-. 2S, M-, 15, G-1. 00. Pi I edri ver 14. 090 1. 200 1. 050 I-2. 25, H-. 10, G- 75, Post Driver (Guard Rail) 1S. 040 .900 1.420 1.200 H-33 . Pump 13 770 1 329 2. S00 . 200 H- 25. M-. 15, G-1 00, Ridge Cutter (Pavement Saw) 14.820 1.200 1.050 I-2. 25. H-, 10. G-. 75, Roller 14.120 1.360 2. 500 .200 H-. 25, M-. 15, G-1. 00. Scraper & Pan 14. 11-20 1. 396 2. 750 200 H-. 2S, Pt-. 15, G-1. 00, Shove 1 14. 820 1. 200 1. 050 I-2. 25, H-. 10, G-. 75. Tractor 12. 155 1. 183 2. 500 200 H-. 35. M-. 15, G-1. 00, Tronchl reg Machine 14. 370 1. 200 1. 050 I-2. 2S. H-. 10, G-, 75, V It APPRENTICE RATES: Apprentice Rates are NOT provided in this schedule. ART. 8, Sec. 220. 3-e . "Apprentices wi I I be permitted to work as such only when they are registered, Individually, under a bona fide program registered with the New York StateDepartment of Labor The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a Payroll at an apprentice wage rate, who Is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed The contractor or sub- contractor will be required to furnish written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates, for the area of construction prior to using any apprentices on •the contract work. OCCUPATIONS APPLICABLE TO RUILDIPrf_AND HEAVY / HIGHWAY CONSTRUCTION SCHEDULES Page It SURVEY it - 9 IB -12 r a Fedorlal Register / Vol d(i Nu 1.1: / Fridoi hik 17 14111 / No1wes 37193 SUPERSEDEAS DECISION STATE: NEW YORK COUNITES; NASSAU b S(:rrr•!.I' DECISION NO. NYB1-3048 DATE: DATE OF PUIILICATI-;'. Supersedes Decision No. NY80-3041 dated July 7. 1980 in 45 FR 45801 DESCRIPTION OF WORK: Building, Residential(includes single family homes and apartments up to and including 4 stories), Heavy 6 Highway Construction Projects ASBESTOS WORKERS BOILERMAKERS BRICKI.AY! RS CARPENTERS Nassau County (except tha part South of the Souther State Parkway West of Sea ford Creek, also Smithtow Islip Pane on the East, Long Island Bound on the North and Middle Island RR track on the South Carpenters, Millwrights, Piledrivers, Soft Floor Layers, Acostical, Drywa; Residential (under two stories) Building Heavy s Highway Remainder of Nassau Countl Building, Residential, Heavy 6 Highway Suffolk County Residential (2 stories 6 under` Builaing Heavy 6 Highway CEMENT MASONS DIVERS ELECTRICIANS Building Wiring of single or mul- tiple family dwellings 6 apartments up to and including 2 stories Installation of television receivers, radio receivers record players, and assocl ated apparatus and antenna and home appliances and closed circuit TV and multiNle outlet distribu- tion systems, souna and 1 50 os 13.451 1 61 15 1.50 1.49 .95 .06 13.40 1.S0 1.49 I .95 I .06 13.35 1.85 1.7b 11..Sn Hwe,lr .71 13.40 1.33 Ed«aohew 13.45 1.33 Pew BiowB Vot QIY.Ow wwd•®, 1.67 App,. T,. 14.70 1.21 2.31 16.34 54 150 70 .02 12.67 1.33 3.98 .03 1 50 os 13.451 1 61 15 1.50 1.49 .95 .06 13.40 1.S0 1.49 I .95 I .06 13.35 1.85 1.7b 11..Sn 1.11 .71 13.40 1.33 1.71 13.45 1.33 1.71 12.10 2.04 1.67 15.691 1.8751 1.78 15.80 79a.2S 184@ .9S 1 .05 .ns .ns .90 .06 .90 .06 .09 1.03 .05 e40 10.30 109 1641 70 7/100 IB -13 A e r' IDECISION .•:!. NYB:-3048 ELECTRIC- .!*S (CONT -D) 1nterc^,-e ,;nlcatizn systems and cerercial electro- aechanlcal devices and appllar.ces where such work 13 not part o: an elec- trical contract :LEVATOR CONSTRUCTORS ELEVATOR CONSTRUCTORS• HELPERS :LEVATOR CONSTRCCTORS- RELPER :PROBATIO::ARy) WERNAZATI0N i REPAIR COSST?:;CTO?S :vIDERtiAZATI7:: L p.EpAIR LEVA,OR CO::STPUC7 d5 ° HELPER OLERNAZATI0. i PEPAIR LEVATOR C0.-:STF:;C7:RS ° HELPERS (PROBAT20;.ARy) LAZIERS RONWORXEP.S Structural Ornamental Finisher ABOREP.S. Building kRBLE S_TT=-4S :utters i Setters :arvers POlishers :rane 0=. Derrick -men. i 7r -le Finishers tINTEPS iuffolk County Basic Scaffold work and Rolling Scaffold 18- and over, Spraylr.o Structural Steel i Sand- blasting Page 2 I Be,.r F4.9, a.w*6te Is....wp M..dt Rae, M i • Pe■,nwe Ea.enie■ V.nhu ewa .. bp. Tr. 9.57 13.21 9.91 6.60 11.23 8.42 5.61! 13.75 12.95 12.62 10.34 13.35 13.50 13.03 11.35 11.95 13.401 14.86 1.195 .82+b a c .075 1.195 .82+b I c .035 1.195 .82.b c .035 1.195 .82eb c .035 .66 1.86 1.2-1 1.29 1.21 1.21 1.21 1.21 3.22 1.22 3.22 1.91 4.45 3.55 1.43 1.71 1.71 1.% 1.71 1.00 1.00 I 1.00 .67 1.85 1.00 1.00 d d d d IDEC1&ION NO. NY81-]DIB PAINTERS (CONT -D) Nassau County (Inwood, Lawrence, Cedarhurst, trot mere, Hewlett, Hewlett Ba Hewlett Neck, Hewlett Paz East Rockaway, part of Oceanside, part of Lyn- brook, part of Rockville Center, Atlantic Beach, Long Beach, Lido Beach, Point Lookout, Gibson and Part of Valley Stream) Painters Spray i Scaffold Fire escaps Nassau County (Rerainder i County) Painters Spray, Open Steel, Swing. ing Scaffold, Rolling Scaffold 18- or over Sandblasting PAPERHANGERS PLUMBERS Nassau County Building, Heavy i Highwal Residential Jobbing (repair to preser Plumbing systema that doe not change the existing roughing or any minor alterations job where the change to the existing roughing does not have.a llcor cost in excess of $1,500,000) Sufflok County tOOFERS Slate i Tile Naterproofer e' . Page 3 Belie Friq® B.w.l.h F."e; j MenIF R.P.e M i a Pneie.e E&-teaie. Vena.w ulr e, I 12.00 9%% 60+1.201 3% 14.57 9y1 6e•1.20 3e 13.71 9y% 61+1.2o 31 10.82 1.59 1.90 .70 .05 12.37 11'.92 1.59 1.59 1.90 1.90 .70 .OS 12.18 101 61 70 1'S E .OS 1.1.77 10.53 1.10 1.00 1.54 1.13 .25 _1.40 1.00 1.01 2.30 1.40 2.74 .75 .15 1.30 .37 2.00 2.00 .01 H Cp I F-� U7 SHEET METAL wORRERS SPRINKLER FITTERS i STEAM_ FITTERS STONE DEP.P.ICMEN : RIGGERS STONEMASONS TERRAZZO WOPYEP.3 TERRAZZO FI::ISHEFS TILE SETTERS TILE SETTERS FINISHERS TRUCE DRIVERS Building Ready -mix concrete. sand. gravel, asphalt. t bulk cement Euclids a Turnapulls Heavy Euclids L Turnapull's High rise WELDERS receive rate pre- scribed for craft performin operation to which welding is incidental Unlisted classi-fications needed for work not include within the scope of the classifications listed may be added after award only a provided in the labor stand ards contract clauses (29 CFR 5.5 (a) (1) (ii)) Page 4 'b{fit Hf.rlr Ffl.�t QM.) If F.,nM1{ a. Paid Holidays: New Year's Day, PEesident's Day, Memorial Day, Edutefi.e notes H L V Pn{b.f YotHies .xLu birthday Arpf. Tr. 12.13 3%*.90 4%+1.20 31+.75. 11+.03 14.43 2.75 1.12 1.00 .07 14.62 2.23 1.51 1.50 .01 14.00 .75 1.00 ? 13.3e 1.32 1.50 6 years but less than 7 years 2 weeks and 1 day 12.07 1.21 1.50 E years tit less than 9 years 2 weeks and 3 days 12.675 1.15 1.10 11.21 1.055 .77 15 years but less than 25 years 4 weeks 9.37 1.212 1.852 e An employee shall be paid for absence due to personal illness, 9.22 1.212 1.852 e 9.32 1.212 1.852 e -1 9.94 1.212 1.852 e Birthday, Memorial Day, Fourth of J---". . Labor Day, Colu=- ;s Day, ) Armitice Day, Thanksgiving Day, Friday after Thanksgiving s _ a d. Paid Holiday: One half day's pay for Labor Day s Employer contributes $4.00 per day to a Security Fuad. For each 15 days worked with vie contract year an enployee wit: DECISION NO. NY81-3046 Page S FOOTNOTESt a. Paid Holidays: New Year's Day, PEesident's Day, Memorial Day, Tourth of July, Labor Day. Thanksgiving -Day. Christmas, the anniversary of the employee's date of employment, and the erpleyea's birthday All employees yhose continuous service credid began prior to April 1 of the current year shall be entitled to a vacation of one (1) week, and the employee whose continuous service credit _ started prior to October 1 cf the preceding year sial! be enti t:e_ - to a vacation of two (2) weeks. Employees who on March 31 of the z current year have continuous service credit of six (6) years cr _ more with the Company shall be entit:se to a vacation in actor- ? dance with -the following schedule: .. 6 years but less than 7 years 2 weeks and 1 day 7 years but less than 8 years 2 weeks and 2 da=ys ` E years tit less than 9 years 2 weeks and 3 days 9 years but less than 10 years 2 weeks and 4 days 10 years but less than 15 years 3 weeks - 15 years but less than 25 years 4 weeks 25 years and over 5 weeks = An employee shall be paid for absence due to personal illness, 'personal injury, or death in the immediate family at his basic - rate for a period of five (5) days in ant calen:ar year. b. Employer contributes S8/day -1 c. Paid Holidays: New Year's Day, Lincoln's birthday, washir.gton's Birthday, Memorial Day, Fourth of J---". . Labor Day, Colu=- ;s Day, Armitice Day, Thanksgiving Day, Friday after Thanksgiving s _ Christmas Day d. Paid Holiday: One half day's pay for Labor Day e. Employer contributes $4.00 per day to a Security Fuad. For each 15 days worked with vie contract year an enployee wit: receive one day's vacation with ray, with a max:-_:. varat:ca c: = 3 weeks per year Z • e W, • • ` ' • e. DEGYSYC!: !:0. !:Y81-1038 Page 6 • RCI 'ON NO. NY81-1048 Page 7 W V r i BM -AVT ; Basic Friw,e Beaeiifs Pay. nh HYakrT :.'1 !!:1F7AY ::!:S'P':CT;fg BU'ILDIN'G CC55.TidMON N o.rl� Basic FAaye Bawelils pay .awh Rues N L • Pieshsws I v E/ac,- eafiaw sower w Neady Rafe N L ■ peasieas E/.nr..e Anr. To. Concrete 4 curb f ora setters, YacaNew 0.w/ver Ation To. asPP.alt rakers 9.50 10% 13f .75.0. Backhoe epraglin kkackdioe, dragllne, gradall 14.18 810.,25 2.00 • .15 i Asphalt workers •r roller bo:s, asphalt tap shovelers : =ootbers plledriver, shovel e Batching plant (on his of Job), 14.455 81`.25 2.00 a .15 � '*k asphalt t0. -pars 9.30 ]OS 17% power winch (used for stone or .75ea Jackhe.-erya B drill _en, atael) . power winch truck mounted (used for stave or y bePPeraen, carpenters° tenders, Pipe Jointers i setter•-, at-,), pomp (Coccrate) Beading 14.355 ' 8%+.25 2,00 p concrete l.borers (struet-zrea), stone maehins, generator (small), vibrator to 5) a .15 70 I Spreading laborers, track=er., grad!nr 6 =cave:rg laborers, .(1 dinky locomotive Boiler, bulldozer, 17.005 810..25 2.00 a YM Labcr®r5. i::j:er! en eazpressdr (on Crane., CO_7lQaaOr (pile .15 COnCret! :av-MenL, asphPlt wmk),C�resaor (Stene ;last (hatcher t• hopper -en), netting), concrete breaker, \ all other unskilled lobo -era 8.90 13%conveyor, generator (pilewvrk), i < .75.0. loading machine (:root end), tninoccaace entineer, mechanical _ eompactora (Machine drawn), c powerhwae, power w peb track Footnote' ■mmted (used for ctF.ar than Z Faid Y.olidsya: New Tarte Yfey, '(esorlel Ley, Inde 7, e'kenka- vL� peadenee Ds Lebon Day gi a Lay, Christmes Day, steel Or atone), , Power winch (used for other they Pfor, other Colas^1s Days lipeoln°a Birthde iJash Birthday, Vetere --so Day, and -election , 1s iagr shows n provided the e:_.oyce worked or p ter work an the ia�)�),,MPumsp cubly nation (L --,.(jet) tu-p v 7 e scheduled de be: ore and the scheduled day after the holiday. cFmp (hydraulic , cur, (jet) puM (single cettc- \ - 1 to ;t, p� (wool point), we:di,- •. burningt welding machime (pilework) _- Bum truck, crane (errw2er or 00 14.03 e%-.25 2. a .15 truck), conveyor -.;alta plant --' engineer, stale spreader (self-propelled) Cmlu easor. coa;ressor (2 or rnre 14.205 a%-.25 2.00 a .15 .� ZI In bat•ery). generator, m4ch mch:rr_-, P:..-a:lcr, >,-ab:e Pewtcrs,!ash er^r', a'C4. room and boom truck (setting I .1 -o G structure or Stone' I .1St•e-,v I :4.58 c \ I{ .00 i 'f. CIS:ON NO. NYB1-3048 Page 8 POWER OPTVLATOP.Sc BU'LDTNO CONST-UCTION (CONST) logic Fri,gO 10401ir% Pore-ta M.,.I, !arra 119 8 A P0,%I.,f Yo E/rcorl., cafi.. .wd..r a.. Are.. To. !dozer (use for excavation), fireman, loadirw Mehine, powerboam, acOop (carry -all scraper) vae-all CMS or :nazis.:pre®der, 13.63 eS .25 2.00 concrete spreader, derrick, sideboom tractor C -pressor (structural steel) 14.555 14.155 8i .2g EX 2.00 Concrete acv or cutter, mixer ErA,gr 11-06.% P.y.,r,r% .25 2.00 (With skip), mixer (2 sma11, M..rlq With or without skip), p9sP (Up to 3 inches), tractor no"% ee :erpiller or -reel Creie with else shell bucket 13.255 a% .25 2.00 Crane, eraw2er or track: 14.455 8% .25 2.00 Baca lengths of 100® (including scraper in tandem 'ib) but less than 2509 Boom lengths of 1509 (lnelnding 14.705 8% .25 2.00 'ib) but less than 2509 Doo® lengths of 2509 (including 14.955 816 .25 2,00 'ib) but less than 3509 Boca lengths of 35P9 15.205 8% .25 2.00 Cnrb machine (asphalt or 15.705 8% .25 2.00 concrete), curing mchine, pm:p (submersible), toyer erase 14.4 8 I 8&0.25 2.t� 2. W a a Maintenance Ran Dredge 13.950 e$ .25 2.00 Elevator forklift, hoist 14.33 8% .25 2.00 (1 drum Forklift (walk -behind. 14.38 ei .25 2.00 power operated) fa®der 14:$9 I 8% .25 2.W Hoist (2 and 4rum) 13.78 CS .25 2.00 Roiet (mitiple platform) 14.43 et .25 2.00 >'keharieal c0+yacters (hand Mos 8% .25 2.00 operated), trench m*ehine (hand) Hoist tandem platform 12.63 e% .25 2.00 Hydra -heaver, ridge cutter 15.43 13:11e% 8$ .25 2.00 2.00 lead engineer Leading meebine (with capacity 15.655 .25 ES .25 2.00 of 10 yds. or aver) oiler. stump chipper 13.63 e% .25 2.W Power bucpies 12.65 e% .25 2.00 12.88 e$ .27, 2.00 25 c .15 a .15 a I .15 ® 0116 a .15 a .15 a .15 a .15 a .15 a .25 a .25 DECISION NO. NY81-3048 Page 9 POWM I$O:Pl£Rf OPEP.ATOPS: i DMIDING CONSTRUCTION (CONT) Basic ErA,gr 11-06.% P.y.,r,r% I M..rlq no"% M 8 IF Pareira Roller, trench machineA". 'QOW9 Ca -7 -all, 14.265 8$..2g 2°� a To scraper in tandem .15 Sideboam tractor (used in tam 13.63 eS•.25 2.W a .15 Stripping machine 14.715 13.68 e8..25 8'•.25 2.00 a .15 Tank ercrk Torg crane (earinefoller) 14.4 8 I 8&0.25 2.t� 2. W a a .15 Tower crane (oiler) Welding machine, 15.01 12.506 efr. a5 87,°.25 2.00 2.00 a •15 ®13 i structural � steel 13.7551 8$1.25 2.00 a .15 Laid No114r:vs; < A -Neto Year 9s Dap; D-M-rial Day; C-Imiependenes Day; D.La%or Day; E-Thaakagivine Day; F-C� hris.s Dap Footnote.; a. holidayae A through p; Liaeal$9l Birthda dayh , Uy0 Election Day, and Veterans° Day y,® 'DirLAday, Colusbus Z I - V ' I I = I w V IDECISIO:: NO- 4781-3448 PN'so rE4-.Tv.^? QP�1'.0°Sr Ir -A-.7 L h:.H':AZ As -,,halt spresrerI bc_r_ trick. boring me':ire !ot.*.er •=aa Post hole:), :'^- or rarim spreader, crane 'crawler or tr.:ck.,.ecave70r {3 it1), plant engineer, concrete S7reader, sidebeo• tractor, stene spreader, (self propelled), ebear7 picker Backhoe, crane (stoneaettirg), craze (structural steel), draglina, gradall, piledriver, road Parer, shovel Batching plant (011 site of job), craze (an barge), derrick, sideboos tractor (used in tarn vork), toLik work Banding Maehine, mechanical eorc(tors (hand operated), pump eentrlfu:al, up to 3 izches)s trench machine (hand) Boiler Boring machine (post holes) Bulldotar, concrete finishing mehim, eeerrayor, curb machine, (asphalt or comerew, curing machine, dinky lee®otive, firemn, forklift, hoist (1 dna), loading slue; ire, maintenance engineer, pulvi- mixer, PLUV (G In. or ovr)t P+adr P (lysulie), T4? (jetl, PuzP (submersible), pump (ve.l point), roller (5 tone and over: scoop (ear:y-allscraper), msintenazoa man ( y tower crane), no�11, weldiar• & burn irng Compressor Can crene), •enerator (pile work), welding lanchine (pile work), parr winch (used for other than scone or strue- •taal steel), poror rouse. la Qinr Raehin� (:rent compressor (pile wrry;), power mou winch (truck lted, used for a Moarl, Ray.s I M 6 • 14. 18 1 8%*.25 14.5501 E%,.25 14.475. 4;58%1.2-5 11.93 8%-.25 13.68 e%..25 14.12 8%-.25 I Page 10 Fvi.a. a.wtlils P.r•vewfs Ed vesh.. Pewsuws v.nll.w 1 .wi•.r Ave'. 7f. 2.00 2.00 2.00 2.00 2.00 2.00 A .15 a .15 a .15 a a IL .15 .25 .15 13.17 I 8%,.251 2.00 1 a I .1S ULU1513% NO. SY81-3048 Page 11 W V r.+ I CP1n,.TCP.S: H£AV! d FIG C09ST°9CTI011 evnic P^+s• etwaLf. ►vq..ivf. (CCR,T) M..rlr Ra.s M L • P...isa i v.c.fi.. Ewrt.f... ewvl. e. other •h In store or steel:, Aop,. 7.. hoist (2 drum) Coapresaor (2 or sore in battery) 19.90,5 13.60 2f -.2S 2,00 a 1S .15 Compressor (Stene a•ttinel, 8%-.25 2.00 a . { compressor (structural Steel), T welding machine ('structural C steel) Compressor, mulch machine, pia 14.065 8%x.25 2.00 • .15 I G ^ C Puler, P'� (double action diaphragm), pump (gypsuml, P=P S (single action 1 .o 3'0 striping x maehize, weldine rechine Loading machine, with bucket 12.99 5 8%-.25 2.00 • .1S x oapaei.y of 19 Ids. or ever Concrete breaker, concrete sav or 14.15" 8%-.25 2.1,0 a .1S cutter, forklift fwalk-behind, < Poser ceamted)e hydra -la==ser, mixer (with skipl, mixer (2 s-&2 with or vitAout Skip), mixer (2bag or over with or without Skip), power bugeies, power Z gr�ers, ridge cutter 12.29 8%•.25 2.00 • .15 Generator (snail) 14.01 8%•.25 2.00. a Grader 96 11.58 8%•.25 2.00 a .IS Hoist (3 drum), power virseA (true] 13. 8%..25 2.:10 a .15 mounted, used for stone or steel Power winch (Used for stone , aetti-ig & StruCturel st/el',, � trench nrchirr ifeehazie g ll.�g 1 @%•.2f 2.:0 ± a .1S _ Mechanical e.rrectors (machine 8 8E..25 8%-.25 2. JC a .15 . drawn), rol:er (over S tons) 13.72 8S�.2S 2.J0 Oiler, root eat+ler, stump ehinper • .IS tower crane (oilers tract temper (2 engineers. -+ each Portable heaters 11.97 13.51 ES :25 Pw,,.25 2.M a .IS Paver boon (concrete) 12.42 e'••*.25 2._^0 2.00 a .15 SOOOP�czlp Scoot' (carry -all, scraper !a 13.64 8%r.25 2.00 • .15 .15 i° tend al, Lover _rane.(enriraer) Tm rtor (nate.-hiller 11.80 8%..25 2:00 a .15 or wnemi: 11.75" P-%-.25 2.90 a .15 Z ±x'315-7, M.Pali Holidays: :lav rear's Cay, Lincoln's Ri.tr Birthday, Mr--nrirl Day, I%16nendenee Day, Labor da yt �'sh!nr-. Oay, colu�tva Veteran's >✓ly, Tllnnk_glvi-r, Day and Chr1.:-•2 Ca y provi4gd y. section Day, after the holiday. e---ployre works the day i a 1 Modification Page 11 lw.CIStm Nn, ,ti'r9l-?015.- mnd pi T,76 -FR l i' .I ) !Dutchess county, New York i R.901NIL 1t Pen.lens 'I Yecorien awd/o. I. Appy. Tr. I 6escTiption of Work does not Include Water Well DrllllnS CISION Nn. NYSt-7044 -Mod. 01 r rFP. 771 1 July P. L-111) .sou d• Surrolk Counties, tires York cnanRet LABORERS, 1111ILDINO WORF.RS. HEAVY A HIGHWAY Concrete A curb form getters. asphalt rakers Asphalt workers A roller boys, asphalt top shovelers A smoother, asphalt tampers Jatkha,rrners, drill men, hopper - len, carpenters' tenders. pile Jointer• 6 +otters, concrete (strut hires), Ston! spreading, trackman, Sradinit A exc,iratingo yard laborers, puddlers on concrete pr+ement, asphalt plant (batch Q hopperman), all other unskilled laborers 11,74 I 1'. 37 ! 1.53 1.00 10.04 10% 1:31% .75+s 9.83 10% 13% ,75+a 9.61 10% 13% .75+9 Hodifleation Page i. 11TR1-',11_7 - M.,cl. e5 TA 17 111.Atnwidn, tlt.Ah 10,61. 17..62 .70 15 .2.'. Snit Neu.T, cdecai:en Rue. M A Ir I Pee.:eaa I Yeter:a• ewd or C"I t : I Ape,. Tr F.i%i Ire 1.aborer'R Schedul- for Rulldinct Consl.r,vat ion ap previously issued Add` I.AJinrnr t : hnllrlinci Co_nstruclion: I.Altrtrere S 9.17 Pawdermrn and DrIllrr,j 10.12 ,70 I ,15 I .2S I .04 ,70 :Is .], 04 �ne n e 6ae1t hourly Re.ic Il+u.l1 r'du•n,e, Role. Role I, H A IF Pentiowa Vecei•en a•.! e' Chnn9n_ AIIPA 1 AREA 2 F6w1!r t:qulpment OpCerAtors i Ruild'in,T ConAtruction: i I c'r.n11f! 1 510.78 S12.78 5 I. 1 t SI.'7Ai nn arouu 2 11.17 1?,li 1.11r 1.785 .09 I:rnui, 1 11.17 11.17 1. 1± 1.79, (,^`•) np rtaun 4 11.49 11.40 1.71 1.7P5 1.non9 r:rnuli , 11.90 11. on 1. I1 1.7R5 n I.n np, iI r:r.iun 6 17..1 r, 14. Ir, 1..13 1.711'` 1.07 no r!rv,11'' 7 17. 7R 14.2R 1 .13 1. 14'• 1,'•n no I:rnun 8 17.51 14.51 1.11 1.785 1.'In rtt, 12.x,11- ]d,59 1.17 1.785 l.n'7 ,nq I r: (;roup 10 (7ron.1 11 12.84 15.84 1.71 1.795 1. Grour 17 11.02 11.'51. 15.02 1.7? ].7RS. Lori .OP I;7•rtltp (1 1 4.47 15.51 15.47 1.13 1.31 1.795 1-7R5 l.nn 1 l0 0 lj Grrrt,t 14 14.96 14.75 1.11 1.795 . 1..n , no Group 1, 15.24 17,:4 1.33 1.785 1.'10 .09 n9 Ahn ri'rC : Irr'A'Iv and Hinhwav r:nnstructlon! I -rout, J. I:rour, 7 o,72 9.8. 11.77 ,7n .35 .7.5 Irqun ) Ii.RS +•0 .75 .25 ,Oa I:rnuri 4 4% n,o7 10.22. I1.,A; ,')n .75 ,7S .04 .n4 �rn,rn 17.22 12.72 .70 .35 .2S n4 1'urmr•1 An,1 ^halt17.71 Mork: ,7n 15 . .75 n4 I:rri,ln 1 r:rnun 7 9. R7 11 .47 , 7x1 . 7 i Il na Grnut, 7 9.97 10.17 ll.n7 12.17 .7n .2S .2; na rcquo 4 , ,7n 1S 7'i 04 10,61. 17..62 .70 15 .2.'. Snit Neu.T, cdecai:en Rue. M A Ir I Pee.:eaa I Yeter:a• ewd or C"I t : I Ape,. Tr F.i%i Ire 1.aborer'R Schedul- for Rulldinct Consl.r,vat ion ap previously issued Add` I.AJinrnr t : hnllrlinci Co_nstruclion: I.Altrtrere S 9.17 Pawdermrn and DrIllrr,j 10.12 ,70 I ,15 I .2S I .04 ,70 :Is .], 04 �ne n e INSTRUCTION FOR BIDDERS NONSEGREUTED FACILITIES (a) A CertlflcaLion of Nonsegregated Facilities, as required by the May 9, 1967, order 02 F. R. 7439, May 19, 1967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to tKe award of a Federally assisted construction contract ex- ceeding $10,000. (b) Contractors receiving Federally assisted construction con- tract awards exceeding $10,000 will be required to provide for'.the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed 310,000: NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES (a) A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32 F. R. 7439, May 19, 1967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10,000. (b) Contractors receiving subcontract awards exceeding $10,.000 will be required to provide for the forwarding of this Notice to prospective subcontractors for supplies and construction contracts where the suboon- tracts exceed $10,000. IFB--1 of 1 #a U. S. ENVIRONMENTAU, MOTECTION AGENCY CERI°IFICATION OF NONSEGFMATED FACILITIES (Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity clause). The federally assisted construction contractor certifies that he does not main- tain or* provide for his employees any segregated facilities at any of his establish- ments, and that he does not permit his employees to perform their services at any location., under his control, where segregated facilities are maintained. The fed® cratly assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the, term "segregated facilities" means any gaiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas., time clocka, locker rooms and other .- storage or dressing areas., parking lots, drinking fount gins, recreation or entertain- ment 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 certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the wiard of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. Signature Date Name and Title of Signer Please Type NOTE: The penalty for malting false statements in offers is prescribed in 18 U.S.C. 1001. CNSr-1 of 1 (EPA, Region 11, 2/24/75) U. S. ENVIRONMENTAL PROTECTION AGENCY REGION II GUIDANCE AND PROCEDURES FOR COMPLIANCE WITH MINORITY BUSINESS ENTERPRISE REQUIREMENTS PART I , A. Introduction The purpose of this guidance is to outline procedures for use by the grantees, A/E consultants and construction contractors in complying with the Environmental Protection Agency, Region II, Minority Business Enterprise (MBE) Program for the Implementation of the EPA policy pub- lished in the Federal Register on December 26, 1978 (copy attached). The purpose of this Program is to raise the level of MBE.participation in EPA funded projects to a level commensurate with their capabilities and availability. These procedures are designed to implement EPA Policy which requires affirmative steps, including goals to -be achieved through a result -oriented program. The EPA regulations 40 CFR 35.936-7, 40 CFR 35.937-12.(b), 40 CFR 35.938- 9(b).(2), Appendix C-1(14), and Appendix C-2(9) require grantees and construction contractors to take affirmative steps to utilize minority- owned businesses in the procurement of engineering and construction services and supplies. The EPA, and in particular, its Regional Administrators, have the duty under 40 CFR, Parts 30 and 35 to insure compliance with all grant regulations, requirements and conditions. The Director -of the Office of Civil Rights and Urban Policy has the. responsibility for establishing an MBE program in coordination with the Director of the Water Division. The Director of the Office of Civil Rights and Urban Policy will determine compliance with Minority Business Enterprise requirements. The grantee in its role as a public trustee assumes primary responsi- bility to achieve an acceptable level of MBE use. This primary responsi- bility is a basic condition of its grant award. All applicants/grantees are required to take positive efforts to use MBE. As an aid to the grantee, A/E consultants and construction contractors, the U. S. Department of Commerce has locally funded offices of the Office of Minority Business Enterprise, which will provide MBE resource lists, technical assistance and on-going information. Additional MBER - 1 of 26 C. A. -2 - information may be obtained from the Office of Civil Rights and Urban policy and the Water Division., Region II. The Civil Rights Director and his/her MBE coordinators are also available for consultation and advice regarding the utilization of minority business enterprises. Applicability All grantees receiving financial grant assistance on EPA funded projects involving architectural and engineering consulting services and con- struction contractors are subject to the policy and procedures described herein. Definitions Minority Business Enterprise. A business at least 51 percent of which is owned and controlled by minority group members, or in the case of a publicly -owned business, at least 51 percent of the stock of which is owned and controlled by minority group members. The minority owner- ship must exercise actual day-to-day management. Minority Group Members. Black Americans, Hispanic Americans, Asian Americans, American Indians, American Eskimos, and American Aleuts. EPA Region II will conduct reviews in cooperation with other Federal, State, local, and private agencies to verify that an MBE contractor or supplier performs a commercially useful function and is not dominated by nonminority sources of supply. Discovery of the use of a "sham" MBE firm or a legitimate MBE firm being used to subvert the purposes. of the program will require corrective or enforcement action. PART II Policy Statement The applicant/grantee's policy-making body (Authority, Board, Council, etc.) or Chief Executive Officer (e.g., Mayor) is required to issue a policy statement which expresses commitment to the MBE program and which utilizes the Regional goals or such goals as may be established by the grantee to express the percentage MBE participation which the applicant shall strive to achieve. The statement must outline the levels of MBER - 2 of 26 21 responsibility, beginning with the Chief Executive Officer who will be responsible and accountable for carrying out the program. The policy statement shall be circulated to the applicant's managers, supervisors, and employees, as well as to minority economic development agencies and organizations, contractors' associations (both minority and non -minority), and newspapers, ma azines, and other appropriate media (both minority and non -minority,). The policy statement should be conspicuously posted in all offices where minority entrepreneurs and employees may have occasion to visit. A copy of the policy statement and a list of the organizations, asso- ciations and communications media to which it is to be distributed. shall be supplied to the Director, Office of Civil Rights and Urban Policy, USEPA, Region II, at the time of grant application. B. Identification of an MBE Person An "MBE Officer" shall be designated by the grantee's Chief Executive Officer. In order to achieve maximum program efficiency, it is essen- tial that the individual(s) selected must be: 1. Familiar with and capable of communicating and interpreting the applicant's procurement procedures and requirements, as well as EPA contracting and subcontracting procedures and requirements. 2. Understanding of small and minority business problems. 3. Capable of communicating effectively with minority businesses and management. 4. Abl-e to maintain a good rapport with the minority community. 5. Familiar with local .resources and services available to aid Minority Business Enterprises. The name, address, and telephone number of the designated MBE Officer shall be included with the application supplied to the Director, Office of Civil Rights and Urban Policy, USEPA, Region II, at the time of grant application submission. C. MBE Percentage Goals* EPA Region II has determined that between 10-25% of the dollar amount of all contracts awarded for AJE consultant services and the construction 1 *So as not to distort the regional picture the above range of numbers as a goal has been computed not to include Puerto Rico which is being cal- culated as,a separate case. MBER - 3 of 26 -4 - and supply services required in the plans and specifications are to be committed to minority-owned businesses. The grantee in its role as a public trustee assumes primary responsibility to achieve an acceptable level of MBE participation. Each grantee may establish a numerical goal or goals under V, B, (2), (b) of the EPA policy statement. The EPA Region II coal is based on the minority consistuency in the geographical areasgenuinelyaccepted as demarking the reasonable limits of local labor markets, such as the Standard Metropolitan Statistical Area (SMSA) as currently defined by the U.S. Office of Statistical Standards. Some EPA Regions have chosen to set as a goal a percentage of the total dollar value of all A/E contracts approved and to set as a separate goal a Percentage of the total dollar value of all construc- tion contracts and service approved. Region II's goal -oriented program involves establishing an MBE goal which represents a percent- age of the total dollar value of all contracts approved. Where the project is already underway, any Invitation for Bids (IFB) or Request for Proposals (RFP) issued by the grantee.and procurement of subagreements on or after February 1, 1979 are subject to this, policy and the grantee must take steps to implement procedures necessary to establish a goal -oriented MBE program (including the -issuance of addenda to current IFB's and RFP's). Achievement of specified MBE goals by A/E consultant, prime contractor or subcontractor goals or adequate documentation or justification of failure to meet goals must be required by grantee for submission to the Director of Civil Rights and Urban Policy for review and appropriate action. Adequate planning is critical to insure that MBEs have an equitable opportunity to 'participate in A/E consultaing, design and construction contracts and subcontracts. The applicant/grantee may estabTish its own goals for each of the 3 steps of the grant process based on the availability and capability of MBEs to do the work. Such goals are not expected to be lower than 10% minimum level. EPA Region II requires an Affirmative Action Plan type methodology to be followed in setting goals. The following outline is recommended: MISER - 4 of 26 -5- 1. The goal must reflect a cognizance of the current percentage of minority population in the area. 2. The goal must be based on projections of contract and subcontract awards. 3. The goal must be related to the availability of MBEs. 4. The goal must reflect the full range of A/E consulting and con- struction activities anticipated by the plans and specifications and should, to some extent, be directed at expanding minority participation in those areas of A/E consulting and construction contracting and subcontracting where past participation has been minimal or non-existent. The setting of goals is a method of matching projected A/E consulting, contracting and subcontracting opportunities with available MBEs. The geographic basis for assessing MBE availability will vary with the type of work to be performed or the type of supplies to be procured.. In general, in defining the geographical boundaries for determining the availability of MBEs in specific A/E consulting, construction contract- ing or subcontracting areas, the grantee will follow a common sense approach and should apply the same criteria that the applicant generally has applied to non®minority firms. It should be kept in mind that if the data collected to develop grantee goals particularly MBE availability, is inadequate or is assessed to be superficial, EPA Region II may find the goal unacceptable and impose an appropriate goal. An MBE program, including the percentage goal, and the steps the grantee will take to achieve the goal must be submitted to the Director, Office of Civil Rights and Urban Policy, USEPA, Region II, at the time of application. Specific goals established after application but prior to the issuance of solicitation document shall also be promptly submitted. PART III Procedures by Applicant/Grantee to Ensure ME Participation_ 1. Once the goal has been set, affirmative action techniques should be developed to meet the goal. The techniques must include but not be limited to: MBER - 5 of 26 a. Designing the project and the bidding package to provide MBEs access to meaningful prime contracting and subcontracting opportunities by trade discipline and by separable units. y b. Designing specific plans and specifications designed to increase potential MBE participation. This can take the form of breaking down large contracts into smaller ones, and of designing facilities taking into consideration the type of work for which minority firms are available and capable. c. Using the MBEs in construction management contracts. d. Encouraging the formation of joint ventures among MBEs and between minority and majority firms which provide opportunity for MBEs to gain experience. e. Providing plans and specifications to the State and local minority busi- ness organizations and associations., including the. State OMBE offices. These must be provided in a timely manner in order to allow MBEs adequate time to develop responsive and responsible bids for contracts or proposals for subcontracts. f. Establishing payment and delivery schedules so as to minimize cash flow problems faced by minority firms. g. Providing a source list of minority A/E consulting and construction con- tractors and suppliers to those firms who have received the bid or proposal package. h. Informing all prospective bidders and proposers in writing of the EPA policy concerning the utilization of minority firms when announcements for Invitation for Bids (IFB) or Requests for Proposals (RFP) are issued by the grantee. i. Including the appropriate MINORITY BUSINESS ENTERPRISE PARTICIPATION SPECIFICATIONS set out in Appendix I and Appendix II of this guidance in all RFPs and bid specifications or such other solicitation pro- visions as may be approved by EPA making certain that the appropriate percentage goal figure is included in all specifications and requests for bids or proposals. j. Keeping EPA, Region II, Office of Civil Rights and Urban Policy in- formed of all contract awards or changes in plans for awards of approved proposed contracts. MBCR - 6 of 26 -7- 2. The applicant must take affirmative steps to insure equitable oppor- tunity for minority firms to participate in EPA assisted projects. The name and addresses of all minority consulting firms contacted and their response and the names of those intended to be utilized must be promptly submitted by the applicant to be forwarded to Region II's Office of Civil Rights and Urban Policy for eview and approval prior to grant offer or prior to contract approval. 3. The applicant should contact ten (10) or more minority firms to ascertain their interest, capability and availability to serve as prime consultants, joint venturers, or as subconsultants in the facilities planning, design service, contract management and environ- mental impact statement process under consideration. Documentation of the MBEs' response must be made available to the EPA, Region II Office of Civil Rights and Urban Policy upon request. Applicants/ grantees will contact out-of-state minority firms if none can be obtained in-state to meet requirements. Consulting and subcontracting possibilities include, but are not limited to the following: a. Step 1 (Facility Planning)_ (1) Engineering report. ` (2) Environmental assessment statement. (3) Infiltration/Inflow analysis. b. Step 2 (Design)_ (1) Design (a) Pump station force main. (b) Sewage treatment plant. (c) Interceptor. (d) Collection system. (2) 0 & M Manual development c. Step 3 (Construction) (1) Site preparation. (2) Foundation. MBER - 7 of 26 S (3) Shell. (4) Roof. (5) Vial Is. (6) Electrical. (7) Plumbing and mechanical. (B) Finish interior. (9) Exterior appurtenances. (10) Site completion/landscaping. (11) Test/start-up operation. 4. In order for the applicant/grantee to assure its compliance with EPA regulations, the applicant should include, as part of its responsibility evaluation criteria, affirmative efforts taken for the utilization of minority firms for facilities planning, design and construction services to be required by the applicant/grantee. In addition, the applicant/. grantee must notify all prospective contractors and consultants by announcement that approval of contract award may be withheld unless it can be shown to the applicant/grantee that positive affirmative efforts as described herein have been or will be taken to utilize minority A/E firms either as joint venturers or subcontractors. 5. Because many minority firms are small operations, the capabili- ties of such firms are especially unique in facilities planning and design services, contract management services, and environmental impact statement services. Since there may be certain labor and over head cost advantages realized by the applicant/grantee in utilizing a small firm in these situations, applicant/grantees are expected to aggressively pursue the utilization of such minority firms as prime consultants. 6. EPA will monitor projects on a "random sample" basis. Documentation of efforts made to utilize minority firms must be maintained by all applicant/grantees and their contractors for review by the Office of Civil Rights and Urban Policy. MBER - 8 of 26 7. For reference, applicants/grantees will be provided with a list by EPA, Region II of minority firms experienced in architectural, engineering, construction and other professional services. The list is intended as a resource reference only, and not intended to re- strict or limit contact with other minority firms not listed. 8. The applicant/grantee's MBE -program should assist MBEs in overcoming barriers to prothe applicant, asam twell ashis by referralctoshould be other assistance ffered directly by the pp agencies. 9. The applicant/grantee insurance and bonding to alleviate financial MBE Set -Asides should work closely with financial institutions, companies, and prime contractors in an effort barriers to program participation. PART IV While not required by EPA policy, a program to implement MBE set -asides may be established. A set-aside is a procurement technique which limits solicitation of bids or proposals to certain types of firms, for example, minority business firms. In every case adequate competition must be obtained with award being made to the lowest, responsive, responsible bidder or to the proposer in non -advertised orocurement submitting the most advantageous proposal. PART V MBE Res onsibilities.for Prime Contractors Within 15 days after contract award the prime contractors are contairequired an to submit to the grantee a detailed MBE participation -plan MBE goal and procedures for achieving that goal This submission must also include a detailed list of all MBE firms to be utilized in achiev- ing the goal. All prime contractors on EPA construction grant projects are expected to make the following efforts to achieve the use of minority-owned firms to the maximum extent practical on the project: MBER - 9 of 26 . 1 a -10 1. Extend opportunities for joint arrangements or subcontracting and purchasing to minority-owned firms. 2. Comply with MINORITY BUSINESS ENTERPRISE PARTICIPATION BID SPECI- FICATION (See Appendix I and Appendix II). 3. Take affirmative steps to ensure compliance with the EPA regula- tions. These steps include,. but are not limited to: a. Compiling and submitting to the grantee for submission to the Director, Office of Civil Rights and Urban Policy, USEPA, Region II, a list of minority engineering and construction contractors to be utilized through joint arrangement or sub- contracting. b. Preparing a list of minority contractors contacted and awards made to minority-owned firms, and setting forth specific ef- forts made to identify and award contracts to such firms. Full documentation of such efforts must be made available to the grantee for submission to the Office of Civil Rights and Urban Policy upon request. 4. Require subcontractors under the contract to comply with the pro- visions of the contract and the affirmative steps for goal achieve- ment stated in these procedures. 5. Maintain records showing procedures which have been adopted to comply with EPA policy. 6. Keep grantee's MBE Officer informed of all contracts and subcon- tracts awarded to MBEs or changes in plans to award previously reported subcontracts. The actual attainment of the established goal shall be prima facie evidence of positive efforts and shall release the contractor from any further burden of proof of positive efforts. Contractors are, however, cautioned to nevertheless maintain adequate records because the subsequent withdrawal of a minority firm from a subcontract could reduce the con- tractor's MBE participation below an acceptable level and subject him to a requirement of objective demonstration of positive efforts. Where a contractor is unable to meet the required MBE goal, objective demon- stration of positive efforts must include, but are not limited to the following five (5) steps, inclusive of the requirements for records which must be maintained to document the contractor's efforts: MBER - 10 of 26 The contractor must extend opportunities to MBEs, such as by adver- tising in minority trade association newsletters and minority-owned media. The bid due date and reasonable MBE response due date must be specified in the advertisement. The publications chosen must be distributed within reasonable proximity of the location of the con- struction project. The advertisement must be for s.e� cifi� sub- contracts which are described in reasonable detail. TO DEMONSTRATE COMPLIANCE - Have available for grantee's MBE Officer copies oVall. wr tten a orts to extend opportunities to MBEs including all advertisements which appeared in minority publications, including the name and address of the publication, the date on which the advertisement appeared, and the audience at which the publica- tion is directed (i.e., whether general audience publication or special MBE contractor publication). 2. The contractor must notify all minority contractor associations known to him of the available subcontracting opportunities. The minority associations so notified shall include as a minimum the local Office of Minority Business Enterprise (OMBE) and Minority Contractor Ass'i'stance Center (MCHC), and all contractor associations. identified to the contractor by the USEPA, Region II, Office of Civil Rights and Urban Policy. The notification must be by certi- fied mail and should be received by the addressee associations in time to permit effective MBE participation. The MBE response due date must be specified in the notifications. The solicitation must be for specific subcontracts and the work to be done must be described as accurate y as possible and in reasonable detail. TO DEMONSTRATE COMPLIANCE - Have available for grantee's MBE Officer copies of aletters or other communications, including enclosures and attachments which were sent to minority contractor associations. Include name, address, and date of mailing for each letter sent. Have available copies of all correspondence and a record (e.g., 109) of all telephone replies received in response to the solicitations. The record of telephone responses should include the date and time of the incoming call and the date(s) and time(s) it was returned. Contractors must respond promptly to both telephone and mail responses from MBE associations and firms as protracted delays in responding MBER - 11 of 26 -12 -- will be interpreted by the Office of Civil Rights and Urban Policy as an attempt to discourage MBE participation. Be able to document follow-up steps taken by contractor. 3. Where technically feasible, the contractor should segment the work to be contracted to accommodate the size and capabilities of avail- able minority subcontractors. This procedure is essential to assure that MBEs are provided equitable subcontracting opportunities. TO DEMONSTRATE COMPLIANCE - Have available for grantee's MBE Officer ocumentation which o Jectively demonstrates the capabilities of available minority business enterprise construction subcontractors in the general area of the location of the construction project or in areas reasonably proximate thereto. The contractor must be knowledgeable concerning informati.on regarding MBE capabilities which is readily available from local minority contractor associa- tions, local OMBE Office, local MCAC Office, and the EPA, Region II, Office of Civil Rights and Urban Policy. Objectively demonstrate by appropriate documentation that a concerted attempt was made by the contractor to segment the subcontract work in ways that accom- modated the size and capabilities of the known available -MBEs. 4. The contractor must send solicitation letters by certified mail inviting quotes or proposals from individual minority business enterprises. The solicitation letter must reference specifically segmented portions of work to be subcontracted. The portions of work must be described as specifically and accurately as possible. Inquiries for further details should be encouraged. Letters that are general and do not describe specifically the portions of work for which quotes are desired are not acceptable, as such letters do not generally bring responses. The solicitation letter must be sent in a timely manner so as to allow minority firms sufficient opportunity to develop quotes or proposals for the work described. In general, such solicitation letters must be postmarked no later than fifteen (15) days before proposals are due, whether the solicitation is being made before bids or proposals are submitted or during the performance of the prime contract. All solicitation letters should include the bid date and a -response due date for the information of the addressee. Contractors are also strongly encouraged to follow up such letters with telephone calls to determine the degree of interest the minority firms have in the work. TO DEMONSTRATE COMPLIANCE - Have available for grantee's MBE Officer copies of all soliciation letters and a list of all parties to whoa MBER - 12 of 26 -13 - each letter was sent, including name,, mailing address, and type of business in which the company is known to be engaged. Have available all reply letters and log of all reply telephone calls. Be able to demonstrate objectively what action contractor took in response to each reply. Also, have available a log of any follow-up telephone calls by contractors to letter recipients who did not respond. 5. Where an MBE submits a proposal for a subcontract to a contractor, and the MBE proposal is deemed unreasonably high and is rejected for that reason, then, to demonstrate good faith, the contractor must .engage in direct negotiations with the MBE in an attempt to reach a mutually acceptable price. This requirement is not appli- cable to those cases where an MBE proposal is rejected in favor of another MBE. E TO DEMONSTRATE COMPLIANCE - Have available for grantee's MBE Officer records which sow that negotiation meetings took place, including time, date and place of each conversation and meeting; name and address of MBE; specific and accurate description of the segment of work which was the subject of the negotiation; and approximate estimated dollar value of the subcontract segment. Where the MBE negotiation was unsuccessful due to failure to agree on price, the contractor must be able to demonstrate, by the production of appro- priate document., that the subcontractor selected for the segment was lower than the MBE and that the work segment so contracted was the same work segment under negotiation with the MBE, and not a reduced portion thereof. The degree of goal attainment by minority -majority joint ventures, minority contractors, and minority suppliers should be calculated as follows: 1. A joint venture consisting of minority and majority business enterprises, functioning as a prime contractor, will be credited with minority parti- cipation on the basis of percentage of the dollar amount of the work to be performed by the MBE. For example, if a minority -majority joint venture proposes to perform. 50% of a project quoted at $500,000 and 50% of the work is to be performed by the minority partner in the joint venture, minority participation will be credited as 25% of'the work or $125,000. 2. MBE contractors will be credited with minority participation for that portion of the contract which they aerform and that portion subcontracted to minority firms. For example, if an MBE contractor proposes to perform 5.0% of a project quoted at $500,000 and subcontracts an additional 25% to a minority firm, minority participation will be credited at 75% or $375,000. MBER - 13 of 26 PROPOSAL SPECIFICATION MINORITY BUSINESS ENTERPRISE PARTICIPATION APPENDIX I CONSULTANT FIRM RESPONSIBILITIES The following notice must be included in all solicitations for pro- posals for architectural and struction orrupgradingpofJwastewater that receive EPA funding for the con treatment facilities or adjuncts thereto. Goals for MBE Proqram It is the policy of the Federal Government that minority businesses shall have the maximum feasibl�e�PunderiFederato lagrantsain-aidin the performance of contracts perfo program. The consultant agrees to use disubcontractss best ttotpolicyo carry out this minority business enter - through award of contracts an sistent with the efficient performance prises to the fullest extent, con of this contract. As used in this contract, the term "minority busi- ness" means a business at least 51 percent of which is owned and controlled by minority group members, or, in the case of a publicly - owned business, at least 51 percent of the stock of which is owned and controlled by minority group members. For the purpose of this definition, minority group members are Black Americans, Hispanic Americans, Asian Americans, American Indians, American Eskimos, and American Aleuts. The minority ownership must exercise actual day- to-day management. Each consultant must fully comply with the requirements, terms and conditions of the attached U.S. Environmental Protection Agency, and requirements Region II Minority Business Enterprise (MBE) the attached statement of EPA policy of December 26, 1978 (43 Federal Register 60220-60224) including the goals established for minority business participation during the performance of this contract. The consultant commits himself to the performance of positive efforts to achieve the goals for -minority business participation contained therein and all other requirements, terms and conditions of the bid specifications by submitting a properly signed bid or proposal. MBER - 14 of 26 I-2 A consultant who does not objectively demonstrate in his proposal the required positive efforts (i.e., attempted to achieve the Region II goals by contacting minority consultants in an effort to engage them) will not, for this reason alone, have his contract proposal rejected as non-responsive. In the event such a consultant is recommended for contract award by the grantee, the Director of the Office of Civil Rights and Urban Policy (OCRUP) will inform the grantee, in writing, of the prospective consultant's noncompliance and the basis for such determination. The consultant will be given an opportunity, to explain in writing, or at a conference, if requested, the reasons for non-compliance with the required positive efforts. If the reasons for non-compliance are unsatisfactory, the consultant will be requested, in writing, to make additional positive efforts to utilize minority firms prior to contract award. The determination of compliance or non-compliance with the positive efforts requirement will include consideration of the following: 1. Whether the goal has been met on a given contract. 2. If the goal has not been met, the extent to which the consultant attempted to: a. Identify candidate Minority Business Enterprises. b. Contact candidate Minority Business Enterprises. c. Solicit proposals from candidate Minority Business 'Enterprises and any response thereto, and the basis of evaluation of any Minority Business Enterprise proposals received. 3. Any other evidence relevant to the good faith efforts of the consultant to comply. Consultant Firm Non -Compliance If after fifteen (15) days of contract award the consultant's efforts remain unsatisfactory to the grantee and/or the Director of the Office of Civil Rights and Urban Policy, either of the following steps must be taken: 1. Documentation to the grantee and the Director of the Office of Civil Rights and Urban Policy explaining the reasons for non -utilization of MBEs. MBLR - 15 of 26 I-3 20 Request a conference with the grantee and the Regional Director of the Office of Civil Rights and Urban Policy for guidance on possible corrective actions which may be taken in order to comply with MBE obligations. Thirty days after the consultant has been notified to make additional positive efforts, such consultants may after documentation procedures or opportunity for conference, be subject to appropriate sanctions, in accordance with the attached EPA policy. Consultant will to required to execute and submit to the grantee s MBE Officer copies of all subcontracts and purchase orders with minority-owned firms within fifteen (15) days after contract award. In the event a consultant fails to utilize the minority-owned firms indicated in his proposal and/or in the subcontracts and purchase orders, he will be expected to explain the reasons for non -utilization to the grantee and the EPA Region II, OCRUP. If there is non -utilization without good cause, the grantee will be expected to require corrective efforts by the consultant. Failure on the part of the grantee to require such efforts or failure to enforce these procedures may result in the refusal of EPA to make contract payment. In very limited situations where circumstances otherwise justify approval of a contract to a consultant which has not satisfactorily ,complied with the positive efforts requirements (e.g., sole consultant, where delay incident to resolicitation will cause substantial harm to the grantee), the EPA in its discretion may concur in the recommended award conditioned upon the inclusion of satisfactory contract pro- visions which require: le Specific and defined positive efforts toward minority business utilization during contract performance; and/or 2. The withholding of progress payments until such time as the positive effort requirements have been satisfactorily complied with and approved by the grantee and the Director of the Office of Civil Rights and Urban Policy, Region II. MBER - 16 of 26 BID SPECIFICATION MINORITY BUSINESS ENTERPRISE PARTICIPATION APPENDIX II PRIME CONSTRUCTION CONTRACTOR RESPONSIBILITIES The following notice must be included in all invitations and other solicitations for bids and proposals for construction work on all projects that receive EPA funding for the construction or upgrading of wastewater treatment facilities or adjuncts thereto. Goals for MBE Program It is the policy of the Federal Government that minority businesses shall have the maximum feasible opportunity to participate in the performance of contracts performed under Federal grants-in-aid program. The contractor agrees to use his best efforts to carry out this policy through award of contracts and subcontracts to minority business enter- prises to the fullest extent, consistent with the efficient performance of this contract. As used in this contract, the term "minority business" means a business at least 51 percent of which is owned and controlled by minority group members; or, in the case of a publicly -owned business, at least 51 percent of the stock of which is owned and controlled by minority group members. For the purpose of this definition, minority group members are Black Americans, Hispanic Americans, Asian Americans, American Indians,American Eskimos, and American Aleuts. The minority ownership must exercise actual day-to-day management. Each contractor must fully comply with the requirements, terms and conditions of the attached U.S. Environmental Protection Agency, Region II Minority Business Enterprise (MBE) requirements and the attached statement of EPA policy of December 26, 1978 (43 federal Register 60220-60224) including the goals established for minority business participation during the performance of this contract. The contractor commits himself to the performance of positive efforts to achieve the goals for minority business participation contained there- in and all other requirements, terms and conditions of the bid specifications by submitting a properly signed bid. The contractor will appoint a company executive to assume the responsi- bility for the implementation of such requirements, terms and conditions. MEER - 17 of 26 II -2 The prime contractor agrees that he will make good faith efforts to subcontract at least percent of the total value of this contract to minority bus essa Failure to attain this percentage or demonstrate positive efforts to do so may lead to withholding of contract payment, a finding of non -responsibility or other sanctions, in accordance with the attached EPA policy. For the purpose of this program, the term "subcontract' includes all agree- ments for construction, modification and service work and supplies contracted for by the prime contractor in the prosecution of the work under his contract. Although it is not made a requirement herein for EPA approval of a contract that a contractor in fact meet or exceed these goals in its contracting, the contractor will be required to objectively demonstrate to the grantee and to EPA, Region II, Civil Rights and Urban Policy Director prior to contract approval and also during contract performance that he has exerted positive efforts to meet these goals. Notwithstanding the fact that a contractor may have the capability to complete the total project with his own work- force and without the use of subcontractors, each contractor will still be required to take positive efforts to subcontract to minority firms a share of the work consistent with the goals. These require- ments are also applicable to bidders who are themselves minority- owned enterprises, MBE Studies, Surveys and Reports la The contractor shall cooperate with the grantee and the EPA Region II, Civil Rights and Urban Policy Director in studies and surveys of the contractor's minority business procedures and practices. 2. The contractor shall maintain records showing, (a) awards to minority businesses; and (b) specific efforts to identify and award subcontracts to minority businesses. 3. The contractor shall submit periodic reports of subcontract- ing to known minority businesses in such form and manner and at such time (not more often than quarterly) as the grantee or the EPA, Region II, Civil Rights and Urban Policy Director may prescribe. Specific Good Faith Efforts The contractor shall be deemed to be in compliance with the require- ments, terms and conditions of the U.S. Environmental Protection Aggency, Region II, Minority Business Enterprise Policy and Program if he meets or exceeds its commitment to the goals for minority business participation in its subcontracts and subagreementse MBE1: -- 18 of 26 IL-3 The contractor's commitment to the goals for minority business partici II, pation as required by the U.S. Environmental Protection Agency, Region Minority'Business,Enterprise Policy and Program, constitutes a commitment that he will make every good faith effort to meet such goals. No con- tractor shall.be found to be in noncompliance solely on account of .the contractor°s failure to meet his goals. But he shall be given the opportunity to objectively demonstrate to the grantee and the EPA, Region II, Office of Ci-vil' Rights and Urban Policy Director, that he has instituted all the specific affirmative action steps specified in the USEPA, Region II, MBE Pol,i,cy and Program and made every good faith effort to make these steps work toward the attainment of his designated goals of allowing minority business enterprises maximum feasible opportunity to participate in subcontracts and subagreements under this EPA funded project. Contractors who fail to achieve the goal and fail to institute the good faith effort steps specified in this appendix may be found non responsible or be subject to contractual sanctions. Where the Director of the Office of Civil Rights and Urban Policy makes such a determination, the grantee will be informed that EPA will withhold grant payment if the non -responsible contractor fails to take corrective action on deficiencies or to explain satis- factorily why such action cannot be taken. Contractor Non-�iance Contractors who fail to achieve their commitments to the goals for minority business participation must have engaged in affirmative participation, which is supported by documentation at least as extensive as the following: 1. Documentation of efforts to extend opportunities to MBEs such as advertisement in minority trade association newsletters and minority-owned media no less than fi-fteen (15) days before MBE responses are due for specific subcontracting that would be anticipated to result at least in a degree of MBE partici- pation equal to the percentage goal for MBE utilization specified for the contract. 2. Documentation showing that minority contractor associations, including the local OMBE Office were notified in writing no less than fifteen (15) days before MBE responses are due. 3, Documentation showing that thework to be subcontracted was segmented to the extent consistent with the size and capa- bility of minority-owned firms in order to provide reasonable subcontracting opportunitiese— MBER - 19 of 26 II -4 4. Copies of solicitation letters inviting quotes or proposals from minority business enterprise, segmenting portions of the work and specifically describing, as accurately as possible, the portions of the work for which quotes or pro- posals are solicited from minroity firms and encouraging inquiries for further details. Letters that are general and do not describe specifically the portions of work for which quotes or proposals are desired are not acceptable, as such letters generally do not bring responses. Such letters will be sent in a timely manner so as to allow minority firms sufficient opportunity to develop quotes or proposals for the work described. In general, such solicitation letters should be postmarked no later than fifteen (15) days before MBE responses are due. 5. Documentation of good faith negotiation with those MBEs from whom responses were received in an effort to reach a mutually acceptable price. Where the MBE participation was unsuccessful due to failure to agree on price, the bidder must document that the subcontractor selected for the work segment was lower than the MBE and that the work segment so contracted was the same work segment under negotiations with the MBE, and not a reduced portion thereof. The foregoing documentation should be provided on or as an addition to Foran 4700-5 attached hereto. MBEI2 - 20 of: 26 TT_G EPA F4` F..®"oas(®-7®) MBER — 21 of 26 REGION NO. �• MINORITY BUSINESS ENTERPRISE INFORMATION . /tOJECT NAME PROJECT NO. QUARTER FY GRANTEE'S GOAL PROJECT LOCATION PRIME CONTRACTOR INFORMATION NAME AMD ADDRESs(dneludo E P cods) CHECK MOUNT OF CONTRAC DAT[ OF AWARD ONTRACT NO. QMINORITY Q MONMINORITY ' (spoclty) — SUBCONTRACTOR OR JOINT VENTURE INFORMATION NAME AND ADDRESS (Include ZIP code) CDMINORITY Q NONMINORITY (speelty) Q eUsCONTRACTOR ® JOINT Y[NTURE CONTRACT AMOUNT DATE OF AWARD CONTRACT NO. TYPE OF CONTRACT AME AND ADDRESS Include ZIP code) QMINORITY Q°NONMINORITY (Specify ° ® ZUSCONTRACTOR Q JOINT VCMTURC CONTRACT AMOUNT DATE OF AWARD CONTRACT NO. TYPE OF CONTRACT AME AHO ADDRESS (Include ZIP Code) MINORITY ® Q woNMINoRITY " (Speelty) ° Q ■U®COHTRACTOR ® JOINT YBNTURIC CONTRACT AMOUNT DATE OF AWARD CONTRACT NO. TYPE OF CONTRACT NAME AND ADDRESS (include ZIP cede) Q MINORITY Q NONMINORITY - (Spectw Q sUSCONTRACTOR Q JOINT VCHTUR[ CONTRACT AMOUNT DATE OF AWARD CONTRACT NO. TYPE OF CONTRACT COMMENTS EPA F4` F..®"oas(®-7®) MBER — 21 of 26 60220 GRANT APPLICATION Review PROCEDURES Qualified appllcanta will transmit applications directly to the UMTA Re- gional Office. with a copy to the EPA Regional Office In order to expedite grant review and processing. Appll- cants will follow application proce- dures specified In UMTA Circular C. 8100.1. "Application Procedures for Technical Studies Grants" and the EPA -DOT FEDERAL REGISTER notice on Urban Air Quality Planning Grants. It the applicant is already the receipient of an UMTA Section 9 grant. applica- tion may be In the form of an amend. ment to an existing grant. Where pos. sible, a single application for UMTA Section 9 funds and EPA Section 175 funds will be used. The UMTA Regional Office will review the' application to Insure that UMTA grant application procedures have been followed. EPA and UMTA will review the proposed scope of work and budget to Insure conformity with the current UPWP, the EPA/DOT Transportation/Air Quality Planning Guidelines, and the EPA/DOT FmER- AL REGISTER on Urban Air Quality Planning. UMTA will also send a copy of the application to the Intermodal Planning Group (IPG), in those re- gions where such an arrangement is desired. In order to provide other IPG members an opportunity to comment on the conformity of the grant appli- cation with the UPWP. EPA will be responsible for the fol- lowing: 1. Establishing applicant eligibility for Section 175 funds. (A list of eligi- ble applicants will be issued as soon as possible after October 1. 1978.) 2. Establishing the level of Section 175 funding for each recipient. After the above reviews, the EPA Regional Administrator will notify the UMTA Regional Director in writing stating the following. 1. The applicant is legally eligible to receive Section 175 funds. 2. The proposed work qualifies for funding under the EPA -DOT FEDERAL REGISTER notice on Urban Air Quality Planning. 3. The work proposed in the applica- tion Is approved. 4. The amount of section 175 funds authorized for obligation to the appli- cant. Upon receipt of the letter. UMTA is authorized to proceed with normal grant approval and administrative grant management actions including audit. No further concurrences will be required by EPA. IIMTA°s grant administration re- sponsibilities will include, to the degree necessary and appropriate: 1. Reviewing for compliance with Title VI Civil Rights requirements: NOTICES 2. Reviewing financial status reports and requisitions and providing for such audits as may be required In ac- cordance with UMTA standards: '3. Executing release of grant func- tions, Including Congressional clear- ance. Specific coordinating procedures will be worked out by the respective UMTA-EPA Offices of Public Affairs: 4. Performing subsequent legal review as may be necessary during the grant approval and administration process. PROCEDURES TOR FUND DISBURsE mENT UMTA will pay grantees for requisi- tions In accordance with existing UMTA payment procedures. Separate section 9 and section 175 accounts will be maintained. Requisitions transmit- ted by grantees will be paid unless UMTA receives prior notification from EPA to stop payments. UMTA may stop payment of section 175 funds only with approval of the EPA Re- gional Administrator. PROCEDURES FOR MANAGEMENT or GRANTS Quarterly progress reports showing section 175 work expenditures will be simultaneously transmitted by the grantee to the UMTA and EPA Re- gional Offices. These reports will con- form to reporting requirements speci- fied in UMTA°s Guidelines for Project Administration and in the EPA -DOT FEDERAL REGISTER notice on Urban Air Quality Planning. UMTA will be responsible. for close out of the grant upon concurrence of the EPA Regional Administrator. RumzvRSEmENT or AvmINISTRATIVS ExPENSEs EPA will reimburse UMTA for cer- tain administrative expenses to be agreed upon separately. LENGTH or AGREExENT This agreement will remain in effect until cancelled in writing by either party. Either party may modify this agreement upon written notification and approval of the other party. Signed this 3rd day of November 1978. DAVID G. IlAwxaxs. Assistant Administrator. Office of Air. Noise and Radiation, Environmental Protection Agency. ROBERT IL McMAxvs. Acting Administrator, Urban Mass Transportation. Adminis- tration. Concur. Tom DowNs. Federal Highway Administration. Concur. CHESTER DAVENPORT. Assistant Secretary for Policy and International Affavrs. De. partment of Transportation. IFR Doc. 78-15700 Flied 12-22-78: 8:45 aml (6560-01-M] IFRL 1028-61 GRAMS FOR CONSTRUCTION OF TREATMENT' WORKS Policy For Inwr*ascd Us* or Minority Consultoets and Conshuctine Contractors The Environmental Protection Agency encourages increased partici. pation of minority business enterprise (MBE) in the supply of goods and services In work performed under the EPA grants program contained in Title II of the Clean Water Act of 1977 (Pub. L. 95-217). This publication con. solidates the policies and procedures published for architect and engineer (A&E) consultants in 42 FR 10709 (February 23. 1977) and the proposed policies and procedures published for construction contractors 'in 43 PR, 24908 (June 8, 1973). A goal-orier:! cd system is provided to. maximize MBE participation. EPA received numerous written cori- ments from the public and interested parties within EPA on the proposed policy for the use of MBE contract..,r s. EPA carefully considered these c m. ments and adopted a number of them. The policy published for A&E con- sultants, on February 23. 1977. did not specify a goal -oriented policy like that proposed for minority construction contractors on June 8. 1978. As the two policies would be applicable to the same projects and grantees. EPA com- bined these policies into a goal -orient- ed approach. EPA will be studying the effects of a goal -oriented approach to increase MBE participation. Public comment is Invited, on a continuing basis. on all elements of the EPA program. includ- Ing its administration. Comments should be addressed to the Director. Office of Civil Rights (A-105) Environ- mental Protection Agency, Washinv- ton, D.C. 20460. Invitations for bids (IFB) or req, E for proposals (RrP) Issued. by grantees and procurement of subagreements on or after February 1. 1979. are subject to this policy. Prior implementation of the MBE policies will continue, where appropriate, to insure program con- tinuity. I. INTRODvc ;.oN EPA has established a goal -oriented system to increase MBE participation FEDERAL REGISTER, VOL 43, NO. 248 --TUESDAY. DECEMMIt 26, 1476 MBER - 22 of 26 in work performed ural, r EFA grants. Several primary reasons for this action Include the following: A. l.ow MBE participation in con- tracts, subagreements and purchase orders under EPA construction grants. B. The low MBE representation is the result of It numtxer of causes. in- cluding Lite effects of discrimination: C. Methods used to remedy the un- derutlllzatlon of MBE have not been effective. II. BACKGROUND Historically. minorities have not ob- tained their fair share of American business. The construction Industry. a traditional conduit for economic upward mobility. reflects this lack of minority involvement. Allied profes- sional consultant communities also show a similar ethnic Imbalance. The low level of MBE participation In these businesses may be attributed to a number of causes. These causes include. at least, the inability of MBE to obtain start-up and continuing capi- tal financing, credit, and bonding. The longstanding lack of MBE participa- tion has also inhibited the develop- ment of adequate managment and operational skills. Economic instabil- ity, as measured by factors such as re- cession, Increased wage rates, supply costs and interest rates, impacts the operating MBE in a disproportionate manner. These problems are evident In the low level of MBE participation in fed- eral and federally assisted contracts. which provide a ma.lor source of work for construction. and in the related consultant areas. For example, MBE received only 1.2%, of federal construc- tion procurement contracts in 1977. Recognizing this problem. Congress and the Executive Branch have initiat- ed several programs in recent years to aid the MBE lm sharing the effects of federal expenditures. In direct procurement, the Small Business Administration administers the Section 8(a) program whereby cer- taln work may be subcontracted to firms owned by socially and eoonomi- cally disadvantaged individuals. This commitment was recently reempha- sized by amendment to the 8(a) pro- gram. In the federal grants area. the Public Works Employment Act of 1977 generally provides that at least 10 per- cent of the dollar amount of each grant be set-aside for contracts with MBE. Title VI of the Civil Rights Act of '1964 provides a remedial authority to lessen the effects of disparate treat, merit of minorities. The Office of Federal Procurement Policy, within the Office of Manag- ment and Budget, establishes grantor policy for procurement under grants. Historically. OMB has required **posi- tive efforts" by recipients of federal NOTICES grant assistance to use UWE. Attach- ment O to On4B Circular .A-102. Sec- tion 3(c)(3). 42 FR 45890 (September 12. 1977). EPA adopted this obligation verbatim in its grants regulations at (40 CFR. 35.936-7): Positive efforts shall be made by grantees to utilize small business and minority-owned busietess sources of supplies and services. Such efforts should allow these sources the maximum feasible opportunity to compete for suhagreements and contracts to be per- formed utl)izing Federal grant funds. Proposed OMB revision of Attach- ment O, published at 43 FR 57203 (De- cember 6. 1978). further defines, in Section 8.b., a grantee's responsibil- ltles In this area by requiring that a minimum of six "affirmative steps" be taken to assure that MBE are utilized when possible as sources of supplies and services. The affirmative. steps In- clude, as a minimum the following. (1) Include qualified small and minority businesses on solicitation lists. (2) Assure that small and minority business-, es are solicited whenever they are poten- tial sources. (3) When economically feasible, divide total requirements into small tasks or quanti- ties so as to permit maximum small and minority business participation. (4) Establish delivery schedules which will encourage participation by small and minority business. (5) Use the services and assistance of the Small Business Administration, the Office of Minority Business Administm. Lion. the Office of Minority Business Enterprise of the Department of Com- merce and the Community Service Ad- ministration. 0) If any subcontracts are to be let, require the prime contractor to .take the afflr s- ative steps in 1 through 5 above. The President recently issued sever - LI policy statements which commit to substantially expanding the amount of work performed by MBE under Feder- al contracting. In his March 27, 1978. message to Congress on the National Urban Policy, the President requested that all Federal agencies include goals for MBE In their contract and grant- in-aid programs. The LPresident stated that increased MBE use Is an Impor- tant element in the economic well being of American cities. On April 13. 1978, the Administrator and Deputy Administrator of the En- vironmental Protection Agency adopt- ed the recommendations of the intra - agency task force on utilization of MBE and directed revision of the pre- viously published -proposed policy for utilization of minority construction contractors to reflect the recommen- dations of the task force and the direc- tions of the President. The goal -ori- ented approach In the proposed policy for utilization of minority constntc- tion contractors to reflect the recom- mendatiorw of the task force and the directions of the President. The goal - oriented approach In the proposed 60221 policy for utilization of tninority- con- struction contractors was the initial result of this action. EPA has a vital stewardship of bil- lions of dollars of public funds for publicly owned treatment works and related plannin.; and pollution abate- ment efforts under the Clean Water Act. These funds will substantially Impact Lite local economics of the grantees. MBE have not sufficiently shared in that expenditure. I1I. STATEMLNr or POLICY The policy of EPA Is to encourage Increased MBE participation In con- tracts and, subagreements awarded under EPA grants for construction of publlcly-owned wastewater treatment works. This Implements the OMB positive efforts standard, conforms to Presidential direction. and furthers the requirements of Title VI of the Civil Rights Act of 1964. EPA will encourage opportunities for immediate participation of compe- tent MBE in work performed under grants and promote the development of new minority firms through a vari- ety of business arrangements. This will involve increased use of wholly- owned MBE, as well as the good faith combination of non -minority capital and expertise with minority ownership and actual control. While it is the pur- pose of this policy to provide opportu- nities for MBE to participate in con- tracts under grants. EPA, in its stew- ardship role, will not reimburse unsa- tisfactory work or underwrite costs t.o correct defective performance. The goal of EPA is to implement a fair and effective remedy -to the under - utilization of MBE in, the context of the unique EPA -grantee relationship. A goal -oriented system achieves the desired result of increased MBE par- ticipation within the EPA grant proc- ess and aids in the development of a viable minority consultant and con- tracting community. The policy describes the minimum positive efforts responsibilities that are expected to be taken. Use of the MBE goal -oriented system is a condi- tion of all EPA -assisted grants for con- struction of wastewater treatment works. Administration of this program will be flexihle and should not be mis- construed as a mandatory set-aside policy. IV. DUINITIONS - A. MINORITY 13USINESS ENTERPRISE The term -Minority Business Enter- prise" means a business, at .least 51 percent of which is owned and con- trolled by minority group members. The minority .ownership neust exercise actual day -today management. The EPA belleves that good faith will mark the efforts of all conceneed FEDERAL REGISTER. VOL. 4$ idO. 249—TMSDAY, DECEMMIt 26, 1976 MBER - 23 of 26 __\ 60222 to conform to their responsibilities. EPA normally will not review whether each MBE performs or Is intended to perform a "commercially useful func- tion" (i.e.. assumes a role recognized in the construction Industry practice or consultant community that Involves substantial responsibility), or is domi- nated by nonminority control. The EPA regional Office of Civil Rights and Urban Affairs (OCRUA), when re- quested by a grantee or where deter- mined to be In the Government's best interest, may make such a review. OCRUA will review each proposed use of MBE which is based upon a newly formed MBE source of supply. In the event EPA finds that an MBE will not contribute. or has not contrib- uted, to a project's complemention in a manner consistent with accepted In- dustry practice. the MBE will not be considered as an MBE under that pro- curement. Where the contract is un- derway, the grantee must take steps to demand correction action. terminate the contract, or initiate other reme- dies available under State or local law. The grantee or, where appropriate, Regional Administrator. may also take steps to determine the business concern(s) nonresponsible and ineligi- ble for future contract awards on EPA grant -assisted projects. B. MINORITY CROUP MEMBERS A minority is a member of one or more of the following groups: Black Americans. Hispanic Americans. Asian Americans. American Indians. Ameri- can Eskimos. and American Aleuts. The categories of minority group members are intended to focus the beneficial effects of this program on those ethnic groups -of American citi- zens which historically have not ade- quately shared In opportunities to par- ticipate In work on Federal or federal- ly assisted projects. Some' agencies have chosen to define minority group members or MBE in terms of their social or economic disadvantage. The EPA categories significantly corre- spond to those who are, in fact, cultur- ally. socially and economically disad- vantaged. V. IMPLEMENTATION OF POSITIVE EFFORTS TOWARD USE Or MBE A. INTRODUCTION The basic obligation of an EPA grantee concerning MBE use is set forth in Title 40, Code of Federal Reg. ulations, as a minimum federal pro- curement standard and grant require- ment: ¢ 35.936-7—Small and minorUy business. Positive efforts shall be made by gran- tees to utilize small business and minor- ity-owned business sources of supplies and services. Such efforts should allow these sources the maximum feasible op- portunity to compete for subagreements NOTICES and contracts to be performed utilizing Federal grant funds. The standard is equally applicable In negotiation for any subagreement for A&E services. Sections 35.937-2(a) and 35.937-4(c). The standard concerns the responsibility of both a grantee and bidder or offeror. Sections 35.936-15(a) and 30.340-2(R). This MBE program is principally implemented through the efforts of each EPA grantee to ad- vance the goals of increased MBE par- ticipation in each element of work to be performed under an EPA grant. The positive efforts obligation is a re= quired clause in each consulting engi- neering agreement (Appendix C-1. para. 14 to 40 CFR Subpart E) and construction contract (Appendix C-2. para. 9 to 40 CFR Subpart E). The standard is a continuing obligation In award of all subtler subagreements. Sections 35.937-12(b)(2) and 35.938- 9(b)(2). There Is an.identical obliga- tion for non -construction contract su- bagreements. §33.135. In order to im- plement these obligations. EPA has es- tablished the following goal -oriented system. B. THE GOAL -ORIENTED SYSTEM The goal -oriented system involves establishing and implementing a goal for MBE use appropriate to the type of work involved. The goal shall be es- tablished prior to taking procurement action under a grant (i.e.. prior to the issuance' of a request for proposals for A&E consultant selection on a Step I and II grant and the issuance of an in- vitation for bids for construction con- tracts under a Step III grant). The goal will be set in accordance with the procedure below: (1) The OCRUA and Water Division. with the approval of the Regional Ad- ministrator. shall establish and annu- ally review a goal for A&E and a goal for construction procurement In that region. Each goal should be expressed as a percent of the total dollar amount of all contracts approved. Each goal should contain an explanation of its basis including the region's estimate of MBE participation attainable in the region, given the available and poten- tially available MBE resources. (2) The regional goal will be imple- mented by each grantee in cooperation with OCRUA in one of the following ways: (a) The regional goal may be includ- ed as a provision -of each procurement solicitation: or (b) The grantee, prior to the Issu- ance of any solicitation documents and In cooperation with the OCRUA. may establish a goal appropriate to the type of work to be performed for in- clusion in the procurement solicita- tion. This goal may differ from the overall regional goal where circum- stances merit, e.g., a project specific goal may be less than the regional goal where a minority source of serv- ice. supply or manufacture is not rea. sonably available: or it project specific goal may be in excess of a regional goal where competent minority re- sources are manifest: or (c) A grantee may use its own system for MBE utilization where It is demon- strated to the satisfaction of the OCRUA that the grantee's system will result In an acceptable level of MBE participation. (3) The solicitation documents must contain the following Information to implement the goal -oriented system: (a) Clear notice of the goal, which will be a number or range of numbers: (b) The manner in which the bidder or offeror may conform to its obliga- tions prior to contract award: (c) The manner by which positive ef- forts of the bidder or offeror will be evaluated: (d) A notice of sanctions for failure to comply with the positive efforts re- quirement in the solicitation docu- ments: and (e) A copy of this MBE policy. (4) Solicitation documents should be reviewed and approved by OCRUA in conjunction with the program review of the Water Division for conformance with this goal -oriented system. The grantee or OCRUA may identify in the solicitation documents further positive efforts which may be taken to comply with this policy. C. RESPONSIBILITIES The grantee, in its role as a public trustee, assumes primary administra- tive responsibility toward maximizing MBE use. Sections 30.120. 30.600 et seq. and 35.936-5. Bidders and offerors at the pre -contract stage, and those under contract with EPA 'grantees are Independently responsible, to the grantee and EPA. to exercise positive efforts to conform to this policy. MBE must take steps to actively participate in the grantee's procurement process- es. EPA is ultimately responsible for determining compliance with the posi- tive efforts requirements. Within EPA, the following are the respective programmatic responsibil- ities: (1) Environmental Protection Agency (Headquarters). (a) An 1473E Program Is established in the Off i.- A Civil Rights. (b) The Director of the -Office of Civil Rights shall be the Agency Direc for for Minority Business Enterprise and will work in coordination with the Office of Water Program Operations to Implement this policy. (c) The Director of the Office of Civil Rights shall designate a Minorit} Business Enterprise Officer. (d) The Minority Business Enter prise Officer, working in conjunction FEDERAL REGISTER, VOL. 43, NO. 248—TUESDAY, DECEMBER 26, 1978 MBER - 24 of 26 with the Office of Water Program Op- erations and, where appropriate. the Office of General Counsel. shall pro- vide assistance and direction to the re- gions, including. issuing program guid- ance memoranda to implement this policy. (2) Environmental Protection AgencV (Region'). (a) Each Regional Director of OCRUA shall establish a Minority Business EnLerprise Pro - grain. and work in coordination with the Water Division Director to develop and implement the regional program. (b) The Regional Director of OCRUA shall be the regional Minority Business Enterprise Officer. (c) Each EPA region shall monitor implementation of this policy through the OCRUA and the Water Division. The region shall: (f) Notify States and grantees, in writing, of this MBE policy: (ii) Review solicitation inserts of ap- plicants/grantees to determine wheth- er the appropriate goal is included in all solicitations for contracts under grants• (III) Review all proposed contract awards to evaluate the sufficiency of positive efforts: (iv) Inform the grantee after the preaward evaluation if a prospective consultant or contractor fails to con- form to the positive efforts require- ments: advise the grantee of possible corrective actions that can be taken by the prospective consultant or contrac- tor: and advise the grantee that ap- proval of the proposed contract award may be withheld until the defi^iencies are corrected: (v) Review and determine the ade- quacy of the positive efforts after a contract is awarded: (vi) Where the review discloses fall- ure on the part of the consultant or contractor to take positive efforts, the regional MBE Officer shall inform the grantee that failure on the part of the consultant or contractor to take cor- rective action, or explain to the satis- faction of the MBE Officer and the grantee why the corrective action cannot be taken, would lead to the ini- tiation of proceedings for imposition of sanctions which could include with- holding of grant payments: and (vii) Report to Headquarters quar- terly on the status of the regional pro- gram. Including contracts awarded to MBE. (3) Grantee Responsibilities. The grantee in its role as a public trustee assumes primary responsipility to achieve an acceptable level of MBE use. This primary responsibility is a basic condition of its grant award. All appllcants/grantees are required to take positive efforts to use MBE. These positive efforts include. at least. the following: ivonas. (a) Dividing total requirements into smaller tasks, where economically fea- sible, to permit maximum MBE par. ticipation: (b) Including MBE on solicitation lists and making plans and specifica- tions for prospectil•c work available to MBE in sufficient time for review; (a) Allowing sufficient time to facili- tate the participation of MBE: (d) Notifying the tninority associ- ations. within the general bidding area, of tite work to be solicited and tite time frame for submission bids or pro,po::als: (e) Providing a source list of MBE firins to all prospective consultants or contractors; (f) Making a list of prospective con- sultants and prime contractors availa- ble to all MBE A&E and subcontract- ing firms expressing an interest in the EPA -assisted project: (g) Informing prospective consul- tants and contractors of the EPA policy concerning MBE participation. (h) Maintaining records showing MBE contacted, and awards to MBE; (i) Reviewing participation of MBE in subagreements; (j) Including in all procurement doc- uments the elements of the goal-ort- ented system (Section V.B. of this policy): (k) Making a list of pltnholders of record for EPA construction grant pro- jects available upon request: (1) Upon request of the plattholders of record, provide a source list of MBE; (m) Informing all prospective bid- ders, during any pre-bid conferences; of the EPA policy concerning MBE participation: (n) Keeping OCRUA Informed of all actual and proposed contracts to MBE: (o) Insuring that the requirements of this policy are used in awarded su- bagreements. (4) Consulting Firm Responsibilities. All consulting firths are expected to take positive efforts to use MBE. The positive efforts include at least the fol- lowing: (a) Extending opportunity to MBE for subcontracting or joint arrange- ments• (b) Implementing -the goal -oriented system; (c) Providing the grantee with a list of the MBE proposed to be used (in- cluding the nature of the contract and the dollar v&IaM. or if no available MBE will be used. furnishing the grantee and the regional MBE officer reasons why; (d) Maintaining records of MBE con- tacted, including negotiation efforts to reach competitive price levels. and awards to MBE; (e) Requiring that each subcontract for under the contract comply with the UBE policy as appropriate; 602 2. 3 (f) Keeping EPA regional offices ill formed of all M13E subagreements or changes in plans to award pre%iously reported proposed subcontracts to MBE. (5) Prime Contractor Respo:1sibil- ities. Ail prime conl.ractors are expect- ed to take positive efforts to use MBE. These positive effort.% include at least the following: (a) Extending opportunities to MBE for subcontracting. Joint arrange- ments. and purchasing: (b) Implementing the goal -oriented system: (c) Providing the grantee with a list of MBE proposed to be used (including the nature of the contract and the dollar value): or if no available MBE will be used, furnishing the grantee and the regional MBE officer reasons why: (d) Maintaining records of MBE con- tacted, including negotiation efforts to reach competitive price levels, and awards to MBE: (e) Requiring subcontractors tinder the contract to comply with MBE policy. as appropriate: (f) Keeping EPA regional offices in- formed of all MBE subagreements or changes in plans to award previously reported proposed subcontracts to MBE. (6) MBE Responsibilities. All MBE are expected to: (a) Become involved In the State and local project planning process; (b) Furnish capability statements to State and local governments; (c) Maintain liaison with the region- al OCRUA: (d) Contact and maintain liaison with State and local Office of Minor- ity Business Enterprise (OMBE: funded minority assistance organiza- tions and associations; (e) Seek assistance from OMBE funded assistance organizations In fi- nancing. estimating. bid pack;:,,: :g bonding and technical assistance scr`- ices. D. SANCTIONS (1) Responsitiily Determination It the event a bidder or offeror fail. U objectively demonstrate positive of forts to meet the stated goal req sire went. the rantee shall reques! its writing. that the bidder of off ero- -c vide within a reasonable time a i. by the grantee. the necessary a .c of positive efforts or be• held nonrc sponsible. The grantee request may b upon the advice of the OCRUA afte its review of the bids or offers rc ceived. The efforts to conform to the policy, whether or not sufficient, wi not result in an increase in contras price or provide a basis for a ; change order. Where the bidder or offeror fa -L objectively demonstrate the requue FOXILAt REGISTER. VOL 43, NO. 249—TUESDAY, DECEMA" 26, 1976 MBER — 25 of 26 60224 positive efforts, the grantee. In con- junction with its function of deciding responsibility- in each case, shall deter- mine the bidder or offeror to be nonre- sponsible. In that event, the grantee must promptly advise the bidder or of- feror. In writing, of the basis for the nonresponsibility determination. The bidder or offeror may file a request for review under .procedures set forth In §35.939. Including appropriate proce- dural requirements. A timely filed pro- test will defer the challenged procure- ment action. A finding of nonresponFibility on a contract shall not prejudice the right of that bidder or offeror to submit bids or proposals on other EPA funded projects. The OCRUA. upon review of any proposed contract award. may request a grantee to take appropriate enforce- ment action. Where an applicant/ grantee fails to meet its obligations under this policy the EPA may declare the applicant nonresponsible under § 30.340 et seq. or initiate action under procedures set forth in 40 CFR Part 30. Subpart H. (2) Waiver. In limited situations, ap- proval may be justified of a contract where a bidder or offeror has not dem- onstrated positive efforts. For exam- ple, where delay incident to resolicita- tion will cause substantial harm to the grantee. EPA may concur in the rec- ommended award where at least one of the following provisions is included in the contract: (1) Specific and de- fined positive efforts for MBE partici- pation during contract performance; (2) a penalty. such as termination or agreed upon liquidated damages, for failure to undertake and complete these efforts: or (3) the withholding of progress payments until such time as the positive efforts requirements have been complied with to the satisfaction of EPA and the grantee. (3) Post Contract Award Compli- ance. Consultants or contractors are required to execute and submit to the grantee ,copies of all MBE related su- bagreements within fifteen (15) days after contract award, and.- from time to time, advise the grantee and OCRUA of the status of its compli- ance with appropriate requirements. In the event a consultant or contrac- tor fails to conform to its MBE obliga- tion. It will be expected to explain. in writing, to the grantee and OCRUA. the reasons for nonutilization. If there Is nonutilization without good cause. the grantee will be expected to require corrective efforts by the consultant or contractor. Failure on the part of the grantee to require such efforts or fail- ure to enforce the waiver provisions, where applicable, may result In appro- priate EPA imposed sanctions. (4) Slate or Local Gam. Nothing in this policy prevents a grantee from Im- NOTICES posing more stringent MSE require- ments in work procured under EPA grants or procurement obligations which pertain to bid responsiveness. where provided for by State or local law or ordinances. Dated: December 18. 1978. BARBARA BLUM. Deputy Administrator. LFR Doc. 78-35704 Filed L2-22-78:13:45 am] (6560-01-M] (OPP-180254: FRL 1029-11 OKLA140MA DEPARTMENT OF AGRICULTURE Issuance of. a Specific Exemption to Use Dia anon to Control the White Grub on Winter Wheat The Environmental Protection Agency (EPA) has granted a specific exemption to the Oklahoma Depart- ment of Agriculture (hereafter re- ferrcd to as'the "Applicant") to use Diazinon for the control of the white grub on approximately 215.000 acres of winter wheat located in thirteen counties in Oklahoma. This exemption was granted in accordance with, and is subject to, the provisions of 40 CFR Part 166. which prescribes require- ments for exemption of Federal and State agencies for use of pesticides under emergency conditions. This notice contains a summary of certain information required by regu- lation to be included in the notice. For more detailed information. interested parties are referred to the application on file with the RegistrationDivision (TS -767). Office of Pesticide Pro- grams, EPA. 401 M Street. S.W.. Room E-315. Washington, D.C. 20460. There are about 200 species of white grubs, some completing their life cycle in one year and some in four, with a three-year cycle most common. White grubs overwinter In the soil, both as adults and as larvae. The latter feed in the spring, summer and fall on the roots and underground parts of the plants. As cold weather approaches. they work their way down intothe soil usually below the frost line. Adults. the June beetle, emerge from the soil In the spring and feed on the foliage of crops, trees, and shrubs. According to the _Applicant, the white grub has infested land to be planted with wheat in Alfalfa. Blaine. Cotton. Dewey. Ellis. Garfield, Grant. Kay. Kingfisher. Major, Washita. Woods, and Woodward Counties. The Applicant stated that approximtely three white grubs per square foot will destroy most of the emerging wheat; and in many of the infested areas. populations of 30 to 60_ grubs per square foot are common. The Appli- cant also claimed that it will be neces- sary to replant a considerable amount of acreage in the affected counties due to damage already inflicted. The acre- age involved has the potential of pro- ducing over 5.375,000 bushels of hard red winter wheat that has a current value of $16.931,250. There is no other pesticide registered for the control of this pest. The Applicant proposes to use two formulations of Diazinon (0.0 -diethyl 0-(2-isopropyl-6-methyl-4-pyrimidinyl ) phosphorothioate). A total of 430,000 pounds active Ingredient (a.i.) will be applied by ground equipment and in- corporated into the soil. The Appli- cant states that chemical treatment with Diazinon of white grub -infested wheat land must be made prior to planting winter wheat. No detectable residues (less than 0.03 part per million (ppm), method sensitivity) are anticipated from the proposed use. Since this pesticide is extremely toxic to wildlife and fish. its use is restricted to ground application only and it must be kept out of bodies of water. After reviewing the application and other available information. EPA has determined that (a), a pest outbreak of white grub has occurred; (b) there is no pesticide presently registered and available for use to control the white grub In Oklahoma: (c) there are no al- ternative means of control taking into account the efficacy and hazard; (d) significant economic problems may result if the white grub is not con. trolled: and (e) the time available for action to mitigate the problems posed is insufficient for a pesticide to be reg- istered for this use. Accordingly, the Applicant has been granted a specific exemption to use the pesticide noted above until December 15, 1978. The specific exemption is also subject to the following conditions: 1. A total of 430.000 pounds ad. of the products Diazinon 140 and Dia- zinon AG506 may be used; 2. Diazinon may be applied in the courities mentioned above; 3. The dosage rate shall not exceed 7 to 14 pounds per acre of Diazinon 14G. or 154 quarts -jer acre of Diazinon AG500; 4. A single application may be made; 5. Applications must be restricted to ground equipment only: 6. Diazinon must be soil incorporat- ed immediately after application: 7. Turn areas or row ends must be soil incorporated: 8. Recently Diazion-treated areas may not be retreated. Infested areas may be treated only once; 9. Granules which are spilled during loading or application must be covered or soil incorporated. FEDERAL REGISTER, VOL 43, NO. 246—TUESDAY, DECEMBER 26, 1978' MBLR - 26 of 26 V.a. ENVIRONMENTAL PR')TECTION AGENCY LABOR STANDARDS PROVISIONS FOR FEDERALLY ASSISTED CONSTRUCTION CONTRACTS DAVIS-BACON ACT (40 V..S C. 276a -176a-7) (al All mechanics and laborers. including apprentices ani trainees. empltived or working directly upon the site n( the work shall be paid unconditionally and not less often than once a week. and without %uh%equent deduction or rebate on any ac- count (except %tech payroll deductions as are permitted by the Copeland Regulations (29 CFR Part 3)). the full amounts due at time elf Payment computed at wage rates not less than the aggre- gale of the basic hourly rate; and the rates of payments. contri- hunon%. or cost% for any fringe henefits contained in the wage dct �rminatirm decision of the Secretary of labor which is at. Cached hereto and made I part hereof. regardless of any eonlrae- lual relation%hip which may he alleged to exi%l between the Con- tractor or %uhcontrnclor :and %tech laborers and mechanics. A cop) of such wage determination decision shall he kept posted by the Contractor at the cite of the work in a prominent Place where it can he easily seen by the workers. (b) The Contractor may discharge his obligation under this clause to workers in any classification for which the wage deter- mination decision contains: (1) Only a hasic hourly rate of pay. by making payment at not less than such basic hourly rate. except as otherwise provid- ed in the Copeland Regulation; (29 CFR Part 31: or (2) Roth a :basic hourly rate of pay and fringe benefits pay. mcnt, by making payment in cash: by irrevocahly making con- tribution, purst.anl to a ford. plan. or program for. andlor by as tim;ng an enforcathlc commitment to Ilea. the cost of. bona fide fr nge benefits contemplated by the Davis -Bacon Act. or by any combination thereof. Contributions made. or costs assumed. tin i -cher than a weekly h.l;is shall he considered as having been con%tructively made or :assumed during a weekly period to the e%tenl that they apply to such period. Where a fringe benefit is e%prlr%:ed in a wage determination in any manner other than as ;an hourly rate and the Contractor pays a cash equivalent or pro- vides an alternative fringe benefit. be shall furnish information with ni;•payrollc showing how he determined that the cost in- curred to make the cash payment or to provide the alternative fringe benefit is equal to the cost of the wage determination frinpc henefil. In any case where the Contractor provides a fringe henefit different from any contained in the wage determi- nation. he shall similarly show how he arrived at the hourly rate shown therefor. In the event of disagreement between or among the interested p:.rtie% as to an equivalent of any fringe benefit. the Contracting Officer %hall %uhmit the question. together with his recommendation. to the Secretary of Labor for final determi- nation. lel The assumption of an enforceable commitment to hear the cost of fringe henefits, or the provision of any fringe henefits not expressly listed in section 1 (b)(2) of the Davis -Bacon Act or in the wage determination decision forming a part of the contract. may he considered as payment of wages only with the approval of the Secretary of Labor pursuant to a written request by the Contractor. The Secretary of Labor may require the Contractor to set aside assets. in a separate account. to meet his obligations under any unfunded plan or program. (d) The Contracting Officer shall require that any class of la- borer% or mechanics. inchiding apprentices and trainees. which is not lived in the wage determination decision and which is to he employed under the contract shall be classified or reefas%ified conformably to the wage determination decision. and shall re- port the action taken to the Secretary of Labor. If the interested parties cannot agree on the proper classification or reclassifica. EPA F -,m 5720_4 (5-77) ,03 tion of ;1 particular class of laborers or mechanic-, Io he used. the Contracting Otllcer ;hall %uhmit the question, together with he,, recommendation. to the Secretary of Labor for final determina- lion. Apprentices and trainees may be added under this clause only where they are employed pursuant to an apprenticeship or trainee program meeting the requirements of the Apprentices and Trainees clause below. (e) In the event it is found by the Contracting Officer that any laborer or mechanic. including apprentices and trainees. em- ployed by the Contractor or any subcontractor directly tan the rile of the work covered by this contract has been or is being paid at a rate of wages less than the rate of wages required 'by paragraph (a) of this clause. the Contracting Officer may (1) by written notice to the Prime Contractor terminate his right to pro- ceed with the work. or such part of the work as to which there has been a failure to pay said required wages. and (2) prosecute the work to completion by contract or otherwise. whereupon such Contractor and his %urelies shall he liable to the Govern- ment for any excess costs occasioned the Government thereby. (fl Paragraphs (a) through (e) of the clause %hall apply to this contract In the extent that it is (1) a prime contract subject to the Davis -Bacon Act. or (2) a subconlract also subject to the Davis - Bacon Act under such prime contract. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT—OVERTIME COMPENSATION (40 U.S.C..127..1.11.1) (a) The Contractor shall not require or permit any laborer or mechanic. including apprentice%. trainees. watchmen. and guards. in any workweek in which he i% employed on any work under this contract to work in excess of R hours in any calendar day or in excess of 40 hour% in such workweek or work subject to the provisions of the Contract Work Hours and Safety Standards Act unless such laborer or mechanic. including •apprentice%. trainees. watchmen. and guards. receive%cumpen-,atitin :at a rate aol kc% than one and one-half time% hi% basic rate of pay for all %ueh hours worked in excess of R hours in any calendar day or in excess of 40 hours in such workweek. whichever is (he greater number of overtime hours. The "basic rule of ,iay." as used in this clause. shall he the amount paid per hour. exclusive of the Contractor's contribution or cost for fringe benefit,.. and any cash payment made in lieu of providing fringe henefits. or the basic hourly rate contained in the wage determination. whichev- er is greater. (b) In the event of any violation of the provi%ions of paragraph (a). the Contractor %hall he liable to any affected employee for any amounts due. and to the United State% for liquidated dam- ages. Such liquidated damages %hall he computed with respect to each individual laborer or mechanic. including an apprentice. trainee. watchman. or guard. employed in violation of the provi- sions of paragraph (a) in the cum of S10 for each calendar day on which such employee was required or permitted to be employed on such work In excess of R hour% or in excess of the standard workweek of 40 hour% without payment of the overtime wage% required by paragraph (a). APPRENTICES AND TRAINEES (a) Apprentice. %hall he permitted In work ;is such only when they are registered. individually. under a hong fide apprentiee- %hap program regimcred with a State appremice%hiti agency which is recognized by the Bureau of Apprentice -hip and Train - LS -1 of 4 PAGE 1 OP 4 PAIGE! tag. U'S DLpautmcri of I.uhtit. tie if iw ,uch tecaq:ni/ed ,gen,y oust, in a Stade. under a pro -ram registered ri,ith the aforesaid Boileau of Apprenticeship anJ Tcuning 1 he a(lownhlc rhtin of apprentices iii I.iurncy men tit .n% cialt cl assilieaataon %hall not he greater Ih.in the ratio permitted to the C'ontoa, It as to his.er;tire work force under the regi,lcred proprirn. Anv employee listed on it pavrull rd an apprentice wave r:etc who i% tit)( a trainee :is defined tit patragraph (h) of th:%%Aawsc. and who is not regi%wred as ahusc. shall he paid the w"'ge rate determined by the Sccre- tar.y u( I.:.hor fair the cl:assil;cation of work he actually per- formed the Contractor shall furnr,h tai the Contracting Officer written evidence of the tceis:ration of his program ;and appren- tices., as well as of the apniofinate ralio% allowed and the wage rates requited to he paid thereunder for the area of construction. prior to using tiny apprentice% on the contract work. The term ..apprentiec" mems ( 11 a person employed and indisidually reg- istercitin a bona lido apprenticeship program iecistcred with the U.S. IkN.riment of L.ahor. Moreau of Apprenticeship and Train- ing. tit With a State apprenliveship agcney recognized by the Hurc:ut or 121, ;a person in his lits( W days of probationary cm- plo)mcnt ;as an apprentice aro such an apprentice,hip program. who is not Individually registcted in the program. hill who has been certified by the'Hureau of Apprenticeship and Tr.rining. or a Slate Appientice•hip Council (where :appropriate) to he eligible fur probationary emplov-mcni as an :apprentice. (b) Iraiinccs shall he permuted to work :as such when they are 1xina,litle trainees emplwed putsuani Ilia program approsed by the U S Ikpaartment of 1 :thor. Nlanpoiwer Administration. flu- reau of Apprenticeship.and Training. The term "trainee-' means a per,on ieccaa Ing on -the -)oh training. in a construction twcupa- lion under a program which is approoed (hut not necessarily spoin,t.iedl by the U.S. Mparimcni of Labor. Manptmer Ad- mmistrat ion. Hurcau of Apprentio:cship and Tiainin_. and which A% reviewed from time to time by the Manpuwcr Administration to insure that the training meet, adequate statndard%. (c) In connection with contracts in excess of S 10.000, the Con- tractor agrees a% follows. (1) The Contractor shall make a diligent cifort to hire for performance of work under !his contract a number of appren- tii:es or trainees. or both. in each occupation. which hears to the average number of the journcvmcn in that uccupattoon to he em- ployed in the performance of the contract the applicable ratio as sct forth in paragraph (dl of this clause. 12) The Contractor shall insure that ,( percent of such ap- prentices or trainees in each ci.rcupataun are in their first Year of training. w•herc'fcasihlr. Feu%ihilily here involves a con,idera- lio n of (i) the availability of training opporiuniiics for first year apprentices. (ii) the hazardous nature of the work fur beginning workers. and (iii) ezcessase uneinployment of apprentices in their second and subsequent scars of training (3) The Contractor shall. during the performance of the contract. to the greatest extent pussible..empluy the number of apprentices or trainees necessary to meet currently the require- ments of paragraphs (c) (I) and (00) of this clause (4) The Contractor shall maintain records of employment on this contract by trade of the number of apprentices and train- ees. apprentices and trainees in first year of Irainina. and of jour- neymen, and the wages paid And ho firs. of work of vuch appren- tices, trainees. and journey men. In;idditicm. the C'antractor who claims compliance haled on the critcrion set forth in paragraph (c) (61 (ii) of thin clause shall maintuln such records of ernpluy- menl on till hi%ccinslruction work in'thc sante labor market area. Kith public and private. during the performance of Ili® contrao;l. ,in each of the above cases the Cunimcior shall make such records :available for inspection upon reyucst of the Department of Labor air the Contracting Udicer (S) The Cunir:actor shell supply tine copv of caoch.tif the written notices rcyutred a -a .w ..nJ..ocr wtth r.ir;wrapfo i,dr,n.ni of this cLnrse at the reyue,t of the Contraciing ( artier The Cain. Iraclor rl,o, a-rees It, subplo :t 1-nhinth•ut(ersals dunnot the per - E Pi Form 5720-4 (5-77) LS -2 of 4 forniancc of the oointract and after completion of contia.ot rs•r forman,e a siatenicni descrahing steps taken rouard m.l.rng e diligent allort ,and containing a breakdown hs craft. at( hang% worked hod wages paid far first year apprentices ;,aid tr.uncei. other apprentices and trainees. and journey men. nue e(i(iv of the statement %ill he sent to the Contracting Officer and one copy to the Secretary of Labor 161 The C'onoracuir will be deemed to have made a "diliiecnl effort" as required by paragraph Will if during the per- formance of this contract. he -accomplishes at least tine it( the following three objective%: (i) The Contractor cmplovs under this contract a number of apprentices and trainees b% craft. :it Ieast cqunf tai the ratios established in accordance with paragraph (d) of this clause. or Of the Contractor employs. on all his.construc- tion work. both public and pri�ata; in the %ame labor market area. art average number of apprentices and trainee. by craft at least equal to the ratios established in accordance with paragraph (dj of this clause. or (iii) the Contractor (Al, if covered by a collective bargaining agreement. before commencement oaf any work on the project. has given written notice for all joint appren- tieeship committees, the local U.S. Employment Sccuin% O(lice. local chapter of the Urban League. Workers I)cfen%e League. or other local organizations concerned with minority cmplos ment. and the Bureau of Apprenticeship and Training Representative. U S. fkparin em of Libor. for the locality of the work. ill) i1 now covered by a colleziive hargaming agrecment. has gisen written notice to all of the groups stated above. e%ccpt joint apprentice- shipcommittees. and will in addition notify all non-j-mnt aappren- liccship sponsors in the lahor market arca: (C) ha• employed all qualified applie:onts-referred to him through normal shanncls (such as the Employment Service. the Joint Apprentioe,hip Committees. and where appiicahic. minority 0r9anieation:. and apprentice outreach programs who ha c been deleeated this functionl at least up to the number of such ;apprentices and train. eescrcquircd by paragraph (d) of this clause. (UI notice. as rc- ferred to herein. wilt include at least the Contractor's name and address. the agency designation. the contract number. job site address, valuc of the contract. espectcd starting and completion dates. the cstimatcd average numher of emplui eel in each occu- pation to he employed over the duration of the contract work. and a statement of his willingness to employ a number of appren- lices and trainees at (cast equal to the ratios established in ac- cordance uhh•paragraph (d) of this clause. (d) The Scuetary of Labor has determined that the applicable ratios of apprentices and trainees to journeymen in any occupa- tion for the purpose of this clause shall he as follows o I I In any occupation the applicable ratio of apprentices and trainees to journeymen shall he equal to the predominant ratio for the occu- pation in the area. where the construction is being undertaken. set forth in collective bargaining agreements. or tither employ- ment agreements. and available through the Bureau of Appren- ticeship and Training Rcpresentatide. U.S. Department of La- bor. for the applicable area: (2) for any, occupation for which no ratio is found. the ratio of apprentices and trainees to Journey- men shall he determined by the Contractor in accordance with the recommendations set forth in the Standards of the National Joint Apprentice Committee for the occupation. which are on file at oflices•ut the U.S. Department of Labor's Hurcau of Appren. ticeship and Training. and (l) for an) occupation fur which no such recommendations Are found. the ratio of apprentices and trainees lu ASUirrteymorn shall br at least one apprentice or trainee for every five juurnotymen. PAYROLLS.AND BASIC RECORDS (u) The Contractor shall maintain pivriolls and ha,ic records rc4ding thereto during. the course of the York Unit sfiAl pae.et t e them (air a pernxl of i scars thereafter for all lahorers :and me- chanics, including apprentice,.; trainees. wauchnicn. and guards. PAGE 2 OF ® PAGES %%along m the sole aif the marl. Such records %hall a.inlarra the name and :addre%%oaf each .tech cnlpio)cc. he%ciirrccl ciao%%Ifaca- Imaa. title of pay rincluding rate% el contnhuuten% for. at co%t% a%%umcd lit pro%a.fa.dringe henefitO Jiul) and weckl number of hour% mork.J. Jeduction%made and ioctu.if wages paid. W'henerv- er the Contractor ha% obtained approval (film the Secretary of Laaboi :a% pra%idcd in paragraph aclof the clau%c entitled "Davn- Bacon Act." he %h..11 maintain recmd% mhich %ham the commit- ment. it% appro%al. written Communicatitin of the plan air pro- gram to the laborer. tit mrchanic%:dfecteJ. and the cots antici- patcd ter incurred unJcr the plan or program. (bl The Contractor %hall submit weekly a copy of all ,payrolls to the Contracting Officer. The Prime Contractor %hall he re%pon- siblc fur'thc %uhmi%%ion of copie% of payroll% of all subcontrac- tors. The copy %hall he aceomp:anicd h) a statement signed by the, Contractor- indicating that the pat raalls are correct and. cum. plot:. that the wage rate% cona;a;ned therein are: nut le%s than thu%e deteilnincJ by the Secretary at Labor. and that the cl;a%%i- 6cation% set forth for each laborer or .mechanic. incluJing ap- prentice% and .trainee%. conform 'A ith the work he performed. Suhmi%­Weekly%ionof the ­WeeklyStatement of Compliance" required under this contract and the Copeland Regulaliteia% of the Scerc- tar.) of Lahur l_'9 CTR Part 31 %hal %:ausf) the requirement for submismon of the ahn.c maleincnt. The Contractor %h;ll %uhnait al%u•a cop) of any approval b) the Secretary of [.;their m,ith re- specuto fringe hcnefil% which is required by par.ipraph lc) of the claum: entitled "Datvi%-Ilacun .Act." , Icl The Cuntt.acnh %hall make Uac record% required under this clau:c aealable for in%pection by authorized rcpic%cpt:di%e% a%( the C'ontracune 0dicer and the' Department of Labor. and %hall 'Permit %uch1e:prc%enIaIi%ve% to inter%icw emplo)ce%during m urk- ing hour% on the job. COMPLIANCE WITH COPELAND REGULATIONS The Conlractur -&ll comply with the Copeland Regulations of the Secretary of Labor f_'► CFR Part 31 which are incorporated herein by tefcrcnce. WITHOLOING OF FUNDS I'al The Contracting Officer may oithhold for cat%c to he with- helJ from the Prime Contractor %o much of the accrued p:a)- mcni% or advances ;a% ma) lei can%idcicd necc%%;ar) 1 I1 to pay I:ihairer% and mechanic%, including :apprentice-.. tramec%., w�tch- nien. and guard%. employeJ by the Contractor or an) :ubcon- (raa-,tof afl the cock the full aantanit of r..agc/ requucJ h) the con- tract. and 191 to %ati%fy any liahilty tel ;iny Contractor fair liqui- dated Jamage% unJer paragraph tt+l .it the a:l;iu%e entitled -Con- tract Work Hours and Safety Standards Act—O-%crtlme Com- pen%aation." Ih) If :any Contractor fails to pay any laborer. mechanic. up- prenlice. tramce...w•atahman. or,gu.ird! employed or-%%orking on the toile of the w urk..all or part of them ages required h) the con- tract. Ilia: Contracting Officer may. after written notice to the Prime Contractor. take such -action as may he oece%%ary• to cart%e %u.pen%iun of any further payment -.or advance% unlil•.uch viola- tion have cca%ed. BUSCONTRACTS The Contractor agree% to in%eii the clause. heecuf entitled favi, liacotl Act.— "Cuntrjet W ork Homr% :and Said% Stand- ard% Act"O%crtinic. Corn nal.•' °' %pprenlicc% .anti 'fu:nn• ec%:°' "Payrull% and lia%ic Record%.-' "( onaphance walla Copc- lanal Regidmion%." "W'thb.-I-lane• of Fund:." ''�uha.nntact%." ;and "l'tlmracl lcionow-u-nt 11.03111ac•idt lit, ill .uh.-.ana.acl% the lerm "C .mIraetor" a% u.%ed in inch Oau%c% in ;u►% %uhcon- tfacl.%lei all.he lccnaed its refer la flit: wlicunu;attar c%%cpa In the phra%c "Puttee Cont ractor. ' EPA Form 5720-4 (5-771 LS -3 of 4 CONTRACT TERMINATION—DEBARMENT A hrcach ed the-clau.e% hereof entilleJ "I):avi%•llactan Act." '`Contract %toil. Hours and Safcly Standard% A4;6-0%er1ime Cumpen%ation." '°Apprentice% and Trmince%.'° " Ia%roll. and Ha%ic Record%." "Compliance with the Copeland Regulalt.►n.." **Withholding of Fund-(." and "Subcontract%" ma) he guaund% far termin:dion of the c:tntract. and for debarment a% pro%itled its 29 CFR 4.6. NONDISCRIMINATION PROVISIONS During the performance of this contract. the contractor agree% a% follow%: (1) The contractof will not d'a%cdminatc against any employ - cc or applicant for employment because of race. color. fa ligiain. %ch. or natiunal'otigin. The contracuar will take atlirmativer action to enure that :applicants are employed. and that employee:% are treated during employment without regard to their race. colar° religion. %e%. or national origin. Such :action shall include. but not he limited to the following: Emplo)ment. upgraJing. demo. tion. or tr;an%fcr-. recruitment or recruitment adverti%iue. la%otf or acumination: rade% of pay or other form% of compensation: and selection for ir;ainiiig. including apprenticeship. The.camtrietot agrees to post in conspicuous place%, available to cRlploycc% and applicants for, cmplo) mens, notices to he provided sitting forth the pro%Won%of chi%nondiscrimination clause. 121 The contractor will. in all %ohcation% air ad%crto%emcnt% 'far employee% placed by or on behalf of the contractut. %gate that all qualified applicants will' rccei%e con%ideration fair cntplop- ment withulit reg:aid to race. calor. re'.igion. sc%° ter national ora - gin. 01 The contractor will.send to each labor union air rcpte- .ent:ative of markers with which he has 'a collccti%c b-argaining agreement or tither contract or understanding. a notice to he provided aJvi%ing the %aiJ labor union or workers* repre%enta- ti%r% of the contractor's commitments under this %ecuon. and shall past copies of the notice in con%picuou% places a%ailahle to employee% anJ:tppllcants for employment. 141 The contractor will comply w ith all provi%ions of I %ecu- tive Order 11246 of Septemher 24. 1965. and of the rule%. regula- tion%.;and relevant ardent of the Secretary of Labut. i5i The contractor will furnish ,all information and reports required by E%ccutivc Order 11246 of September 24. 1964- and" by rifles.' regulation%° and orders of the Secictai) tel Labur. air pursuant thetcto. and will permit :ecce%% tie hi% hook% record%. ;and account% h) the aalmini%acring agency and the Secretary of labor for purpo%e% of in%c%tigation to ascertain compliance wish %uch rule.. regulation%. and orders. (61 In the event of the contractor'% noncompliance w ith the nondiscrimination clau%c%of this contract or with fit) of the %aid' rules. rc`ul atitin%. or orders. this contract may he canceled. icr- minuted, or suspended: in whole or in part and the contractor may be declared incligihle fur further Government contracts or fedcr= allya%sisted con%tructiun contract% in accordance with proce- dure% authorised in Executive Order 11946 of Septemher 24-. 1%5. and such tither sanction% may he imposed find romediev invoked a% provided iri Executi%e Order 11246 of September 24. 1964. or by rule. regulation. or orJcr of the Secietar) of I.ahor. or as otherwise provided by low. (1)The contractor will incluJc the•purtion of the sentence immediately ptt::eding paragraph I LI and the pro%W011%aif para- graph. (11 through (7) in evety aubconlract ter purcha%e order unk%%c%emplcd by rules. regulatittew tx ordcr%of the Secretary at( Labor is%ucd pursuuut to wait►n 2tW of F%ccuti%e Oider 11946 of lcptember 24. 1%5. %oi that %tach platvi%ions wall he hinding uptm ea; h %uh.•aanttacit.r tie cenalor The conll.!%laa atoll lake %licit :action with re%pect to :ctrl) .%uhuonir.tct, of ittirch..%c order a% the adininiocrurg•aaency may direct wo ;a mean• all en - (orcin` %uclo pto%'i%tone- includn.g %ancroe% fait nal-n%onl phance PAGE 9 OF t a•AGEU ."rot oder( how e%cr. That in the event A contractor become,; in- %olved in or I% threatened with. litigation w ith :t mithconiractor or vendor a, a rcmult of much direction by the admini%tcring aFencv. the contractor may request the United State% to enter into such litigation toprotectthe inicresl%of the United States. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT —SAFETY AND HEALTH (40 U.S.C. 327.333) (al Che contractor shall not require any laborer or mechanic employed in the performance of the contract to work in sur- E PA Form 5720-® (5-771 Is-undirep or under workinp condition% which aie un%aniutrv. h.,►ard00%. or dangerou% to hi% health or mafel%..1% dctermtned nailer corewtiction %afety and health %tandard% promulgated by regulations o0he Secretary of Labor (h) The contractor %hall comply with the Departmcret or Labor Safely and Health Regulation% for Coomnection •promulgated under %ection 107 of the Contract Work Hour -Land Safety Stand- ards Act (40 U.S.C. 327 et %eq.). LS -4 of 4 PACE A OF a PAGES a U.S. GOVERNwENT PAINTING OFFICE: 1973-727-4771'736 9-I COST OR PRICE SUMMARY FORMAT FOR SUEAGREEMEHTS UNDER U.S. EPA GRANTS, Four approved " (See ®cco8panying i.nstructiorns before completing this form) DMB No. 158-80144 PART 1 • GENERAL L GRANTEE 2. GRANT NUMBER I. WAME OF CONTRACTOR OR SUBCONTRACTOR M. DATE OF PROPOSAL B. NDDRESS OF CONTRACTOR OR SU®CONTRACTOR (Include YIP code) S. TYPE OF SERVICE TO BE FURNISHED PART II-COST SUMAARY 7. DIRECT LABOR (Specify lobo: c®Pegories), TED HOURLY ESTIMATED TOTALS HOURS RATE COST •�: et62+. DIRECT LABOR TOTAL': S. !NDIRECT COSTS (Speclly indirect cost pools) RATE s BASE = E5C9MATE.^ COST •'�.P�a= '�- a INDIRECT COSTS TOTAL 9. OTHER DIRECT COST=S .x?Is<4irr••- .. ?'•�' "'��•�. ESTIMATED- 1. TRAVEL COST "*r` TRANSPORTATION (2) PER DIEM TRAVEL SUBTOTAL: $ t b. EQUIPMENT, MATERIALS, SUPPLIESS (pecll/ cePegor/e s) QTY COST ESTIMATED COST $ EQUIPR4EPiT SUBTOTAL: � �� C. SUBCONTRACTS ESTIMATEDCOST r SUBCONTRACTS SUBTOTAL: S d. OTHER (SpacHr c®ceg®rleo) _. _ ESTIMATED COST OTHER SUBTOTAL: S e.•OTMER DIRECT COSTS TOTAL --- 10. TOTAL ESTIMATED COST - 11'. PROFIT - - 1L. TOTAL PRICE - - - -EPA femvn 5700-41 (1.76) EF-1 of 2 `�'' ' or5 F- . A44,rovod ® IM-RO144 PART III -PRICE SUOAARV COMPETITOR'S CATALOG LISTINGS. IN-HOUSE ESTIMATES, PROOR QUOTES MARKET PROPOSED 19.PRICEIS) 'PRICE (rrsdieae® beofo for price eaw�ar:ooar) 10 PART IV -CERTIFICATIONS 1&. CON -TRACTOR 14m. D4AS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEV OF YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT VITHIN THE PAST TWELVE 0004THS VXs C®O (71 -yoo11 give as -me addroo0 and ralaphane nzmbcr of r®v10ctng 01fle0) ` 114b .THIS SUMMARY CONFORMS PITH THE FOLLOWNG COST PRINCIPLES 16e. This proposal is submitted for u%e an connection with and ie response to M . `i'his is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein, are complete, current, and accurate as of (2)j and that a financial management capability exists to fully and accu- eat'ly account -for the financial transactions under this project. I further certify that I understand that the subagreement price me) be subject to downwara reneg=211on anu or IV'CU®1JLFICHL were.c �A,� m.,.•o� ....�. �•� Dot to have been complete, current and accurate as ® eing data have been determined, as a result of audit, the date above. — - - •- - - e A ifJ� DATE OF EXECUTION S1r.NATURE OF PROPOSER ' TITLE OF PROPOSER 14. GRANTEE REVIEVER I certify that 1 have reviewed the cost price summary set forth herein and the proposed costs;/price appear acceptable for subagreement award. �yy DATE OF EXECUTION -_ 016NATURE OF REVIEWER 1 TITLE OF REVIEWER tb. EPA REVIEWER IV applica®l0) DATE OF EIAECOTION 61GAATURE OF REV!Eta¢R T14LE OF AEv•EgEFt CA r -C J Mr EPA F ® . 370041 (2-76 ) EY -2 or Z CONTRACT PROVISIONS REQUIRED 3Y TERMS OF FEDERAL .PARTICIPA- `fION UNDER THE FFDZRAL WATZIR .POLLUTION CONTROL ACT, AS AMENDED The provisions contained herein are to apply to this contract and supersede any conflicting pro- visions appearing elsewhere in the, contract documents except %%oeere bond or insurance coverages ls ter amounts are applicable. are greater than amounts indicated herein to which case t tc gee 1, Contract SecurityP—The successful biddermust de- liver to the Owner an executed Performance Bond iwan amount it least equal to -fifty percent (6050 of the accepted bid as security for the fnithful performance Of the contract, and also must deliver to the Owner a 'separate executed Payment Bond in an amount at least equal -to fifty percent (607®) of the accepted bid as security for the 'payment of all persons performing labor and furnishing, materials in connection with this contract. The sureties of all bonds shall be such surety company or companies as are approved by the Owner,, and as are authorized to transact business In the State where the proposed project is located. The bonds must be approved by the Owner prior to execution of the f®tmal contract. On contracts for material's and equip- ment only, Involving no labor on the site, Performance and Payment Bonds will not be required unless expressly so stated. L Contractor's and Subcontractor's Insurance.—(a) The contractor shall not commence work .under -this con- tract until he has obtained all the insurance required hereunder and such insurance has been approved by the Owner, nor shall' the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been co obtained and approved- Approval of the insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder. (b) compensation and Employees Liability /wsfsrance.— The Contractor shall take out and maintain during the life of this contract the statutoro Workmen's Cnmpcn- sation and Employer's Liability .Insurance for all of his employees to be engaged in work on the project under this contract and in case any such work is sublet, the Contractor shall require the subcontractor similarly to pprredmdr Workmen's Compensation and Employer's Lia- 6ilety insurance for all of the latter's employees to be oagated in such work. (t) Bodily Niory Liability and Property Damage Liability loo -wee.- The contractor shall take out and maintain d-nng the life of this contract such Bodily l Nry Lia- ►u:ty and Property Damage Liability insurance and A.AoP%*bi7P Bodily injury Liability and Property Dam - acv L &bdLty Insurance as shall protect him and any euteentr>act% r performing work covered by this eontritet for, claims for damages for personal injury, including aceeelental d•a'h, as well as from claims for property "-ice. which may arise from operations under this 09'Rtroe:. -• ether such operations be by himself or by wry subc1sn:ractnr or by anyone directly or indirectly "'>►lOyed by either of them, and the amounts of such shall not be less thar— (') Iodil)- injury Liability insurance. -in an amount hot 1o• than .One flundred Thousand Dollars (5100.000.00) for injuries, including wrongful etaati^ to any one person., and subject to the swine limit for each person in an amount not 610 th:,n Three Hundred Thousand Dollars ("W:r0u.00) on account of one accident. �) Pl�_y Damage i"nsurance in an amount not °=Int+ Fifty Thousand Dollars ($50,000.00) f� damages on, account of any one accident, m an amount not less than One Hundred ® Dollars (6100,000.00) for damages 0040=t of 1111 accidents. (d) Owneft Protective Liability lrtmrance—The Con- tractor shall take out and furnish to the Owner and maintain during the life of this contract completa Owner's Protective Liability Insurance in amounts as specified in Paragraph. 2(c). above, for Bodily Injury Liability insurance and for Property Damage Liability Insurance. (e) Fire and Extended Covr®®ce laureate.—The Con- tractor shall procure and maintain during the life of this contract fere and extended coverage insurance in an amount equal to the bid price of the contract. 3. Subotilulinn Clause° Wherever in the plans and specifications, any item of equipment or material is designated by reference to a particular brand. manu- facturer, or trade name, it is understood that an ap- proved equal product, acceptable .to the Engineer may be substituted by the Bidder or Contractor. 4. Tee�peetinn.—)tcpr�sciitati`rr of the U. S. Depart- ment of Health. Education and Welfare and of the State shall have access to the work wherever it is in prepa- ration or progress and the Contractor shall provide proper facilities for such access and inspection. S. Time for Completion.—The time to be allowed for completion of this contract from the date of the order to begin work is specified by the Owner to be: ...... . calendar days 6. Labor glandardit,(a) The Contractor and all sub- contractor- shall comply with the Regulations of the Secretary of Labor made pursuant to the Anti -Kickback Act of June 30, 1940, 40 U.S.C. 276(e) and any amend- ments or modifications thereto. The Contractor and all subcontractors `hall furnish the Owner with weekly Statements of rip plinnee. In case of subcontracts, the Contractor shall cause appropriate provisions to be in- serted on any subcontracts for the work which he may let to insure compliance with said Anti -Kickback Act by all subcontractors subject thereto, and the Contractor shall be responsible for the submission of all Statements of Compliance required of subcontractors by said Anti - Kickback Act except as the Secretary of Labor may specifically provide for reasonable limitations, varia- tions and exemptions from the requirements thereof. nese Regulations are part of this contract and are included in these specifications. (b) They Contractor and all subcontractors shall pay to :ill laborers and mechanics employed for the construction covered by this contract the minimum rates of pay as determined by the Secretary of Labor in ac- cordance with the Act of March 3, 1931, as amended, 'known as the Davis -Bacon Act (40 UX.C. 276& through 276a-5). Furthermore, the Contractor and subcontrac- tors shall adhere to the stipulations and provisions p�ublished by the Secretary of Health, Education, and elfare in "Labnr Standards (Federal Water Pollution Control Act)." The ®Nage Rate Schedule as prepared by the Secretary of Labor and the "Labor Standards" are part of this contract and ars included is thme specification. MODIFICATION NO. 1 U()HOLZMACHER, McLENDON & MURRELL. P C � A GONSULTING ENGINEERS. ENVIRONMENTAL SGENTISTS end RUNNERS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK CONTRACT NO. 1 - SITE WORK AND LANDSCAPING CONTRACT NO. 2 - GENERAL CONSTRUCTION AND MECHANICAL WORK CONTRACT NO. 3 - HEATING, VENTILATION AND AIR CONDITIONING (H.V.A.C.) CONTRACT NO. 4 - PLUMBING CONTRACT NO. 5 - ELECTRICAL (FEDERAL PROJECT NO. C-36-1120-03) CONTRACT PROVISIONS REQUIRED BY TERMS OF FEDERAL PARTICIPATION UNDER FEDERAL WATER QUALITY POLLUTION CONTROL ACT, AS AMENDED. PARA. 2(c)(1) - BODILY INJURY LIABILITY INSURANCE IS AMENDED AND WILL NOT BE LESS THAN ONE MILLION DOLLARS ($1,000,000.) FOR INJURIES, INCLUDING WRONGFUL DEATH TO ANY ONE PERSON, AND SUBJECT TO THE SAME LIMIT FOR EACH PERSON IN AN AMOUNT NOT LESS THAN THREE MILLION DOLLARS ($3,000,000.) ON ACCOUNT OF ONE ACCIDENT. PARA. 2(c)(2) - CONTRACTOR'S PROPERTY DAMAGE INSURANCE IS AMENDED AND WILL NOT BE LESS THAN FIVE HUNDRED THOUSAND DOLLARS ($500,000.) FOR DAMAGES ON ACCOUNT OF ANY ONE ACCIDENT, AND IN AN AMOUNT NOT LESS THAN ONE MILLION DOLLARS ($1,000,000.) FOR DAMAGES ON ACCOUNT OF ALL ACCIDENTS. I Ml - 1 of 1 H MODIFICATION NO. 2 HOLZMACHER, McLENDON & MURRELL, P.C. cow.wrwa ae�waeAs, awvn�awra�.aawnan mw ruwwaw® TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW TORIC CONTRACT NO. 1 - SITEWORK AND LANDSCAPING CONTRACT NO. 2 - GENERAL CONSTRUCTION AND MECHANICAL WORK CONTRACT NO. 3 - HEATING, VENTILATION AND AIR CONDITIONING (H.V.A.C.') CONTRACT NO. 4 - P'LUMBING CONTRACT NO. 5 - ELECTRICAL (FEDERAL PROJECT NO. C-36-1.120-03-0) The contract is amended herewith as follows: (A) Builder's "All -Risk'" Insurance - The contractor shall pro- cure and maintain during the life of this contract "All -Risk" Insurance in an amount equal to the Total Bid price of the contract. (B) Local, Town, -County and State Ordinances - The.Contractor shall abide by all Local, Town, County and State Ordinances to the extent that such requirements -do not conflict with Federal Laws or Regulations. (C) Federal Grant.Regulations - The Grant Regulations of Public Law 35.938 and 35.9,39 are appended herewith to the contract and are attached. (D) Prime and Subcontractor Certification Forms - The prime and subcontractor certification. forms are appended .herewith. These forms ` or facsimilies thereof shall be completed and submitted with each bid for each and every prime and subcontract. (.E) Tax Exemption - (1) The Town of 'Southold is exempt from the payment of New York State Sales Tax and Compensating Use Taxes under Section 1116 of Article 28 of the Tax Law of the State of New York, and is exempt from the payment of Suffolk County Sales and'Use Taxes under Section 7, Ordinance 404-C-1.968, enacted pursuant to Section 1210 of Article 29 of the Tax Law of the State of New York. (2) The contractor and any of his subcontractors approved to. perform work .on this contract, are hereby advised that this is a lump sum contract for furnishing labor and material for which bids M2 - 1 of 41 UUAHOLZMACHER. McLENDON & MURRELL. P.C. C0f4MTWG E#4a**Qft aNVOONWINTAL 209HTNT6-d ftAW49RS MODIFICATION NO. 2 (CONT'D.) should not include any sales and compensating use taxes on materials which are to be incorporated into the contract work. Materials are to be separately sold by the contractor to the Town prior to incor- poration into the contract work: (F) Performance.Bond Requirements - Performance Bond Require- ments for Water Quality Improvement -Prosect Construction Contracts and Performance Bond Information Form are herewith appended to the con- tract. The contractor 'shall submit two bonds. One shall be for full performance of work under the contract and the, second shall be for all claims .for labor, material,, etc. The total of both bonds shall be 100% of the contract amount. (G) Pre -construction Conference - After contract award and sign- ing, but prior to the start of construction, a pre -construction con- ference will be held. This meeting will include representatives of the United States Environmental Protection Agency, New York State Dept. of Environmental Conservation, Engineer, Contractor and Town of South- old'. outh- old. -The purpose of this meeting will begenerally administrative, to -acquaint the contractor with Federal and State requirements, use of subcontractors, contractor submissions and approvals required prior to construction, construction procedures, payment criteria, schedule and I completion times and other -criteria relating to contract require- ments .and performance. ' . -Monthly Progress Schedule - The contractor shall submit a work progress schedule to the Engineer within ten (10) days of award of the contract.: This -schedule shall be updated monthly and submitted monthl'y to the Engineer. (I) Safety and .Health Regulations - The contractor shall comply with the Dept. of Labor, Safety and Health Regulations for construc- tion promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91-54). (J) Access toRecord-s - The con -tractor shall maintain books, re- cords, documents and other evidence, in accordance with appropriate , accounting procedures and practices, directly pertinent to the perform- ance of the work under this contract until the expiration of three (3) years from 'the date of final payment. The Owner, the United States Environmental Protection Agency, the Comptroller General of the United States, the State Pollution Control Agency or any of their duly autho- rized representatives shall have access to any such books, documents, papers and records for the purpose of making audit, examination, ex- cerpts and transcriptions. The Contractor shall. preserve and make such records available during said three -(3-) year period. The M2 - 2 of 41 s�� HOLZMACHER, McLENDON 3 MURRELL, P.C. � l VA CONOXTnae"at"CI GMVIMOWM@dTALrcwanan.wnAW4am MODIFICATION NO. 2 (CONT -D.) contractor's facilities and records shall also be subject at all rea- sonable times to inspection and audit by said agencies or representa- tives during the period of performance of the contract work. (K) Agency Access -to Construction Site - Whenever construction work is in progress or preparation, the contractor shall permit access and inspection and shall provide proper and necessary facilities for inspection to representatives of the Town, Engineer, County, State and Federal representatives of participating or approving agencies which shall include but not be limited to the United' States Environmental Protection Agency, the New York State Dept. of Environmental Conserva- tion, the Suffolk County Dept. of Health Services, the Town.of Southold and the Engineer. (L) Federal Affirmative Action Requirements - The contractor and subcontractors shall be bound by the Federal Affirmative Action Require- ments appended to this Modification. (M) Estimates and Payments = "Prompt Payment" - (Page C-121 Par. a and b are modified by the addition of the following Federal requirement) - The grantee agrees to make payment to its contractor promptly after receipt of Federal sums due under this grant and to retain only such amounts as may be justified by specific circumstances and provisions of this grant or the construction contract. Retained amounts shall be limited, except where greater retention is necessary under specific circumstances specifically provided for in the construction contract, to the following schedule: (a) Retention of up to 10% of payments claimed until construction is 50% complete; (b) After construction is 50% complete, reduction of the total retainage to 5% of payments claimed, provided that the contractor is making satis- factory progress and there is no specific cause for greater withholding; (c) When the project is substantially complete (opera- tional or beneficial occupancy), the retained amount shall be further reduced below 5% to only that amount necessary to assure completion of the contract work; (d) An appropriate State Bond .shall be accepted in lieu of all or part o.f the cash retainage under (b) or (c), above. M2 - 3 of 41 MODEL .4 CLAUSES (FOR SUPPLY CONTRACTS) 2. Privity of Subagreement This subagreement 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 subagreement or any lower tier subagreement. This subagreement is to be subject to regulations contained in 40 CFR Part 33 in effect on the date of the assistance award for this project - 3. Change (a) The recipient may at any time, by a written order, and without notice to the sureties, make changes, within the general scope of this subagreement, in any one or more of the following: (1) Drawings, designs, or specifications, where the supplies to be furnished are to be specially manufactured for the recipient; (2) method of shipment or packing; and (3) place of delivery. (b) If any change causes an increase or decrease in the cost or the time required to perforin• any part of the work under this subagreement, whether or not changed by any such order, an equitable adjustment shall be made in the subagreement price or delivery schedule, or both, and the subagreement shall be modified in writing. Any claim by the contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the contractor of the notification of change. If the recipient decides that the facts justify such action, the recipient may receive and act upon any such claim asserted at any time before final payment under this subagreement. Where the cost of property made obsolete or excess as a result of a change is included in the contractor's claim for adjustment, the recipient shall have the right to prescribe the manner of disposition of such property, Nothing in this clause shall excuse the contractor from proceeding with the subagreement as changed. 4. Termination (a) This subagreement 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 obiligations under this subagreement 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 quail, return receipt requested) of intent to terminate and (2) an opportunity for consultation with the terminating party prior to termination. -1- M2 - 4 of 41 M This subngreement 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. (c) If termination for default is effected- by the recipient, an equitable adjustment in the price provided for in this subngreement 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 pursuant to paragraphs (a) or (b) above, the contractor shall (1) promptly discontinue all services affected (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 subagreement, whether completed or in process. (e) Upon termination under paragraphs (a) or (b) above, the recipient may take over the work and may award another party of subagreement to complete the work under this subagreement. (f) If, after termination for failure of the contractor to fulfill contractual obligations, it is determined that the contractor had not failed to fulfill contractual obligations, the terminations shall be deemed to have been for the convenience of the recipient. In such event, adjustment of the price provided for in this subagreement shall be made as provided in paragraph (c) of this clause. 5. Remedies Except as may be .otherwise provided in this subagreement, all claims, -counter-claims, disputes, and other matters in question between the recipient and the contractor arising out of or relating to this subagreement or the breach thereof 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. 6. Price Reduction for Defective Cost or Pricing Data Note.—This clause is applicable to (1) any subagreement negotiated between the recipient and its contractor in excess of $500,000; (2) negotiated subagreement amendments or change orders in excess of $500,000 or 10 percent of the subagreement whichever is less, affecting the price of a formally advertised, competitively awarded, fixed price sub - agreement; or (3) any lower tier subagreement or purchase order in excess of $500,000 or 10 percent of the assistance agreement, whichever is less, under a subagreement other than a formally advertised, competitively awarded, fixed price subagreement. This clause is not applicable for subagreements to the extent that they are awarded on the basis of effective price competition. -2- M2 - 5 of 41 The contractor and subcontractor, where `appropriate, warrant that cost and pricing data submitted for evaluation with respect to negotiation of prices for negotiated subagreements, lower tier subagreements, and change orders is based on current, accurate, and complete data supported by their books and records. If the recipient or EPA determines that any price (including profit) negotiated in connection with this subagreement, any lower tier subagreement, or any amendment thereunder was increased by any significant suras 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 subagreement shall be modified in writing to reflect such action. 7. Audit; Access to Records (a) The contractor shall maintain books, records, documents, and other evidence directly pertinent to performance on EPA grant work under this subagreement in accordance with generally accepted accounting principles and practices consistently applied, and 40 CER Part 30, in effect on the date of execution of this subagreement. The contractor shall also maintain the financial information and data used by the contractor in the preparation or support of the cost submission required under 40 CER 33.290 for any negotiated sub - 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, 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. (b) If this is a formally advertised, competitively awarded, fixed price subagreement, the contractor agrees to make paragraphs (a) through (f) of this clause applicable to all negotiated change orders and subagreement amendments affecting the subagreement price. In the case of all other types of prime subagreements, the contractor agrees to include paragraphs (a) through (f) of this clause in all his subagreements in excess of $10,000 and all lower tier subagreements in excess of $10,000 and to make paragraphs (a) through (f) 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 established procedures and guidelines of the reviewing or audit agency(ies)o (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 and made available during performance on EPA assisted work under this subagreement and until three years from the date of final EPA payment for the project. In addition, those records which relate to any controversy arising under an EPA assistance agreement, to litigation, to 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 and Heade available until three years after the date of resolution of such appeal, litigation, claim, or exception. -3- m2 - 6 of 41 (f) This right of access chaise (with respect to financial records) applies to: (1) Negotiated prime subagreements, (2) Negotiated change orders or subagreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price sub - agreement, and (3) Subagreements or purchase orders under any subagreement other than a formally advertised, competitively awarded, fixed price subagreement. However, this right of access does not apply to a prime subagreement, lower tier subagreement, or purchase order awarded after effective price competition, except: (i) With respect to records pertainingr directly to subagreement performance, (ex- cluding any financial records of the contractor), (ii) If there is any indication that fraud, gross abuse, or corrupt practices may be involved or (iii) If the subagreement is terminated for default or for convenience. 8. Covenant Against Contingent Fees The contractor warrants that no person or selling agency has been employed or retained to solicit or secure this subagreement upon an agreeTn: or understanding for a commission, • percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained :)y the contractor for the purpose of securing business. For breach or violation of this warranty the recipient shall have the right to annul this agreement without -liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, per- centage, brokerage, or contingent fee. 9. 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 EPA in an attempt to secure a subagreement 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, terTlnate 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. (b) In the event this subagreement 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 subagreement by the contractor, and (2) as a penalty, in addition t any other damages to which it may be entitled by lave, to exemplary damages in an amountt (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. Mc M2 - 7 of 41 10. Buy American In accordance with section 215 of the Clean Water Act (33 USC 1251 et. seq.) and implementing EPA regulations and guidelines, the contractor agrees that preference will be given to domestic construction material by the contractor, subcontractors, materialmen, and suppliers in the performance of this subagreement. 11. 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 specifically exempted by the contractor to be set forth therein. Unless otherwise prov-ided in this agreement or 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. 12. Patents, Data, and Copyrights Recipient and Contractor agree to comply with EPA requirements and regulations pertaining to reporting and patent rights under_ any subagreement involving research, developmental, experimental or demonstration work with respect to any discovery or invention which arises or is developed in the course of or under such subagreement and of EPA requirements and regulations pertaining to copyrights and rights in data contained in 40 CFR Part 30. 13. Energy Efficiency Subagreements shall follow mandatory standards and policies on energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163). 14. Equal Employment Opportunity The contractor shall comply with Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). 15. Violating Facilities For subagreements in excess of $100,000, the Contractor shall comply with all applicable standards, orders, or requirements issued under section 306 Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and EPA regulations (40 CFR Part 15) which prohibit the awarding of nonexempt Federal contracts, grants, or loans to facilities included on the EPA List of Violating Facilities. The Contractor shall report violations to the EPA. -5- M2 - 8 of 41 V 16. Lower Tier Subagreements Tile contractor agrees that gill subagreements executed below the first tier will comply with the following provisions (40 CFR 33): (a) Section 33.285 (Prohibited types of subagreement); (b) Section 33.240 (Small, minority, women's, and labor surplus area businesses); (c) Section 33.290 (Cost and price considerations); (d) Applicable subagreement clauses contained in Subpart F; (e) Section 33.275 (Federal cost principles); (f) 40 CFR Part 32 (Debarment and Suspension)* and the prohibition in Part 30 against fraud and other unlawful or corrupt practices; and (g) Subpart C (Clean Water Act Requirement), if applicable. * The municipality has access to the USEPA's Master List of debarments, suspensions and voluntary exclusions. Before the award of any subcontract, check, through the tracting firm is debarred, suspended or has voluntarily municipality, if the subcon excluded itself from participation in USEPA assisted programs. A New York State Department of Environmental Conservation Technical Information Pamphlet is available, through the municipality, which explains use of the Master List ,and penalties for non compliance with applicable regulations. fl$Z M2 - 9 of 41 Subpart G o Protests 9 3301105 Applicability and scope of this subpart. (a) This subpart sets forth the administrative process that EPA will use for the rapid resolution of protest appeals filed with the award official. (b) A protest is a written complaint concerning the award of a recipient®s subagreement filed with the recipient by a party with a direct financial interest adversely affected by a recipient®s procurement action. (c) A protest appeal is a complaint filed with the award official regarding the recipient's determination of protest. § 33.1110 Limitations on protest appeals. (a) The award official shall not accept a protest appeal from a recipient's determination of protest until the protestor has exhausted all administrative remedies at the recipient level. (b) A protest appeal may only be filed with the award official for: (1) Issues arising under the procurement provisions of this Part; (2) Alleged violations of State or local law or ordinances and when the award official determines that there is a contravening Federal requirement, (3) Provisions of Federal regulations applicable to direct Federal contracts, if such provisions are explicitly referred to or incorporated in this Part; (4) Basic project design determinations which clearly relate to questions of source selection or application of restrictive specifications; or (5) Award of lower tier subagreements; (i) If the recipient mandated the award to a particular entity; or (ii) If it were based on a violation of the requirements in 9 33.295 "Lower tier subagreements." § 33.1115 General requirements. Mi (a) Any party with an adversely affected direct financial interest may file a written protest appeal with the award official in accordance with this subpart. Nit m 10 of 41 -1- JOB--- --- - ---- -- - -- ---------- -- - H2M/HOLZMACHER, McLENDON & MURRELL, P.C. CONSULTING ENGINEERS SHEET NO --------------- OF ENVIRONMENTAL SCIENTISTS CALCULATED BY DATE — PLANNERS CHECKED BY DATE - SCALE I /NZ'ri J I.. Wim. Mass 01471 § 33.1125 Appeal documents. (a) The protest appeal document must state the legal and factual grounds for the appeal and request a determination under this subpart. (b) upon filing of a protest or appeal with the award official the protester must concurrently transmit a copy of the documents and any attachments to all other parties with a direct financial interest which may be adversely affected by the determination of the protest. Also, a 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. 33.1130 Deferral of procurement action. (a) The recipient should review each protest filed with it to determine whether it is appropriate to defer the protested procurement action. (b) When the award official receives a protest appeal, the award official must promptly request that the recipient defer the protested procurement action, if it has not already done so, until the award official notifies the recipient of the formal or informal resolution of the appeal. Such deferral of the procurement action shall be limited to the award of the subagreement, or subitem which is the basis of the protest. (c) If the recipient does not defer the procurement action it bears the risk that the award official will disallow the cost of the protested procurement action if the protest appeal is upheld. (d) If the protester does not agree to the recipient's request for a reasonable extension of the bid and bid bond period, the recipient or award official can summarily dismiss the protest appeal. § 33.1135 Award official's review. (a) 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. (b) 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 compiled with the procurement requirements of this Part and has a rational basis for its determination of protest. N12 - 12 of 41 _3® The parties to the attached contract further agree to be bound by the following, which are hereby made a part of said contract: to The contractor agrees to attend a preork conference, arranged by the municipality, which includes a representative of the New York State Department of Environmental Conservation, the Municipality, any required federal agency and the consulting engineer. 20 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. 3m 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 18builder'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. 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. 5m 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. 6. In as much as the municipality is required to have the sewage treatment plant operator on site during the final fifty percent (50%) 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, 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 banding upon the contractor. M2 m 13 of 41 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 or their equivalent apply to the EPA grant -eligible work to be performed under this subagreement and that these clauses supersede any conflicting provisions of this subagreement. 2. Privity of Subagreement This subagreement 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 subagreement or any lower tier subagreement. This subagreement is to be subject to regulations contained in 40 CFR Part 33 in effect on the date of the assistance award for this project. 3. Changes (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 subagreement, 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 or oral 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, an equitable adjustment shall be made and the subagreement modified in writing and, except for claims based on defective specifications, no claim for any change under paragraph (a)(2) above shall be allowed for any costs incurred more than 20 days before the contractor gives written notice as required in paragraph (a)(2). In the case of defective specifications for which the recipient is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the contractor in attempting to comply with those defective specifications. M2 - 16 of 41 nt er (c) if the contractor intends to �icceitttioflaiwritt�n changeequitable orde aundereparagaaphthis (1) clause, he must, within 30 days after p of this change clause or the furnishing of a written notice under paragraph (2) of this clause, nt setting forth the general nature and monetary submit to the recipient a written stateme extent of such claim. The recipient may extend (�) ofeth0-eflha period. iclause. he statement of claim may be included in the notice under paragraph (f) No claim by the Contractor for an equitable adjustment shall be allowed if made after final payment under this subagreement. 4. Differing Site Conditions (a) The contractor shall promptly, and before such conditions are disturbed, notify the recipient in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in this subagreement, or (2) unknown physical conditions at the site, enerally recognized taseinhering i in materially from those ordinarily encoung ntered and o work of the character provided for in this suba;reement. The recipient shall promptly investigate the conditions, and if it finds that conditions materially differ and will cause an increase or decrease in the contractor's cost or the time required to perform any part of the work under this subagreement, whether or not changed as a result of such conditions, an equitable adjustment shall be .�.ade and the subagreement modified in writing. (b) No claim of the contractor under this clause s all be allowed unless the contractor has given the notice required in paragraph (a) of this clause. However, the recipient may extend the time prescribed in paragraph (a). (c) No claim by the contractor for an equitable ad;ustment shall be allowed if asserted after final payment under this subagreement. 5. Suspension of Work ® (a) The recipient may order the contractor in write iP to suspend, delay, or interrupt all or any part of the work for such period of time as the recipient may determine to be appropriate for the convenience of the recipient. (b) If the performance of all or any part of the work is suspended, delayed, or interrupted for an unreasonable period of time by an act of the recipient in administration of this subagreement, or by the recipient's failure to act within the time specified in this subagreement (or if no time is specified, within a reasonable time). an adjustment shall be made for any increase in the cost of performance of this subagreement (excluding profit) necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in writing. However, no adjustment shall be rude under this clause for any suspension, delay, or interruption to the extent (1) that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the contractor or (2) for which an equitable adjustment is provided for or excluded under any other provision of this subagreement. -2- M2 - 17 of 41 W 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 claim, in an amount stated, 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 subagreement. 6. Termination (a) This subagreement 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 subagreement 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 subagreement 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. • (c) If termination for default is effected by the recipient, an equitable adjustment in the price provided for in this subagreement 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) Up -on receipt of a termination action pursuant to paragraphs (a) or (b) above, the contractor shall (1) promptly discontinue all services affected (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 subagreement, whether completed or in process. (e) Upon termination under paragraphs (a) or (b) above, the recipient may take over the work and may award another party of subagreement to complete the work under this subagreement. (f) If, after termination for failure of the contractor to fulfill contractual obligations, it is determined that the contractor had not failed to fulfill contractual obligations, the terminations shall be deemed to have been for the convenience of the recipient. In such event, adjustment of the price provided for in this subagreement shall be made as provided in paragraph (c) of this clause. -3- M2 m 18 of 41 7. Remedies Except as" may be otherwise provided in this subagreement, all claims, counter -claims, disputes, and other matters in question between the recipient and the contractor arising out of or relating to this subagreement or the breach thereof 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. 8. Price Reduction for Defective Cost or Pricing Data Note.—This clause is applicable to (1) any subagreement negotiated between the recipient and its contractor in excess of $500,000; (2) negotiated subagreement amendments or change orders in excess of $500,000 or 10 percent of the subagreement whichever is less, affecting the price of a formally advertised, competitively awarded, fixed price sub - agreement; or (3) any lower tier subagreement or purchase order in excess of $500,000 or 10 percent of the assistance agreement, whichever is less, under a subagreement other than a formally advertised, competitively awarded, fixed price subagreement. This clause is not applicable for subagreements to the extent thatthey are awarded on the basis of effective price competition. The contractor and subcontractor, where appropriate, warrant that cost and pricing data submitted for evaluation with respect to negotiation of prices for negotiated subagreements, lower tier subagreements, and change orders is based on current, accurate, and complete data supported by their books and records. If the recipient or EPA determines that any price (including profit) negotiated in connection with this subagreement, any lower tier subagreement, or anv amendment thereunder was increased by any significant 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 subagreement shall be modified in writing to reflect such action. 9. Audit; Access to Records (a) The contractor shall maintain books, records, documents, and other evidence directly pertinent to performance on EPA grant work under this subagreement 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 subagreement. The contractor shall also maintain the financial information and data used by the contractor in the preparation or support of the cost submission required under 40 CFR 33.290 for any negotiated sub - agreement or change order and a copy of the cost summary submitted to the recipient. The C United States Environmental Protection Agency, the omptroller General of the United States, the United States Department of Labor, 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. (b) If this is a formally advertised, competitively awarded, fixed price subagreement, the contractor agrees to snake paragraphs (a) through (f) of this clause applicat)le to all negotiated change orders and subagreement amendments affecting the subagreement price. In the case of all other types of prime subagreements, the contractor agrees to include paragraphs (a) through (f) of this clause in all his subagreements in excess of $10,000 and all lower tier subagreements in excess of $10,000 and to make paragraphs (a) through (f) of this clause applicable to all change orders directly related to project performance. -4- M2 - 19 of 41 (c) Audits conducted under this provision shall be in accordance with generally accepted auditing standards and 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 and made available during performance on EPA assisted work under this subagreement and until three years from the date of final EPA payment for the project. In addition, those records which relate to any controversy arising under an EPA assistance agreement, to litigation, to 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 and made available until three years after the date of resolution of such appeal, litigation, claim, or exception._ (f) This right of access clause (with respect to financial records) applies to: (1) Negotiated prime subagreements, (2) Negotiated change orders or subagreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price sub - agreement, and (3) Subagreements or purchase orders under any subagreement other than a formally advertised, competitively awarded, fixed price subagreement. However, this right of access does not apply to -a prime subagreement, lower tier subagreement, or purchase order awarded after effective price competition, except: (i) With respect to records pertaining directly to subagreement performance, (ex- cluding any financial records of the contractor), (ii) ' If there is any indication that fraud, gross abuse, or corrupt practices may be involved or (iii) If the subagreement is terminated for default or for convenience. 10. Covenant Azainst Continarent Fees The contractor warrants that no person or selling agency has been employed or retained to solicit or secure this subagreement 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 warranty the recipient shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, per- centage, brokerage, or contingent fee. -5- M2 - 20 of 41 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 EPA in an attempt to secure a subagreement 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 issue and may be reviewed in proceedings under the Remedies clause of this agreement. (b) In the event this subagreement 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 subagreement by the contractor, and (2) as a penalty, in addition to any other damages to which it may be entitled by law, ,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 con -tractor incurs in providing any such gratuities to any such officer or employee. 12. Buv American In accordance with section 215 of the Clean Water :pct (33 USC 1251 et. seq.) and implementing EPA regulations and guidelines, the contractor agrees that preference will be given to domestic construction material by the contractor, subcontractors, materialmen, and suppliers in the performance of this subagreement. 13. Responsibility of the Contractor (a) The contractor agrees to perform all work under this agreement in ac- cordance with this agreement's designs, drawings, and specifications. (b) The contractor warrants and guarantees for a period of one (1) year from the date of substantial completion of the system that the completed system is free from all defects due to faulty materials, equipment or workmanship: and the contractor shall promptly make whatever adjustments or corrections necessary to cure such defects, including repairs of any damage to other parts of the system resulting from such defects. The owner shall give notice to the contractor of observed defects with reasonable promptness. In the event that the contractor fails to make adjustments, repairs, corrections or other work that may be made necessary by such defect, 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. (c) The contractor's obligations under this clause are in addition to the con- tractor's other express or implied warranties 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. -6- M2 - 21 of 41 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 specifically exempted by the contractor to be set forth therein. Unless otherwise provided in this agreement or 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 nQt constitute a waiver of the owner's claims against the contractor or his sureties under this agreement or applicable performance and payment bonds. 15. Labor Standards The Contractor agrees that "construction" work (as defined by the Secretary of Labor) shall be subject to the following labor standards provisions, to the extent applicable: (a) Executive Order 112469 entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). (b) Copeland "Anti -Kickback" Act (18 U.S.C. 674) as supplemented in the Department of Labor regulations (29 CFR Part 3). This Act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to EPA. (c) Davis -Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR Part 5). Under this Act contractors are required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a subagreement shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to EPA. (d) Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 } U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). Under section 103 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of 8 hours and a standard workweek of 40 hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than one and one half times the basic rate of pay for all hours worked in excess of 8 hours in any calendar day or 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. -7- M2 - 22 of 41 16. Patents, Data, and Copyrights Recipient and Contractor agree to comply with EPA requirements and regulations pertaining to reporting and patent rights under any subagreement involving research, developmental, experimental or demonstration work with respect to any discovery or invention which arises or is developed in the course of or under such subagreement and of EPA requirements and regulations pertaining to copyrights and rights in data contained in 40 CFR Part 30. 17. Violating Facilities For subagreements 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 EPA regulations (40 CFR Part 15) which prohibit the awarding of nonexempt Federal contracts, grants, or loans to facilities included on the EPA List of Violating Facilities. The Contractor shall report violations to the EPA. 18. Energv Efficiency Subagreements shall follow mandatory standards and policies on energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163). 19'. Lower Tier Subagreements The contractor agrees that all subagreements executed below the first tier must comply with the following provisions (40 CFR 33): (a) Section 33.285 (Prohibited types of subagreement); (b) Section 33.240 (Small, minority, women's, and labor surplus area businesses); (c) Section 33.290 (Cost and price considerations); (d) Applicable subagreement clauses contained in Subpart F; (e) Section 33.275 (Federal cost principles); (f) 40 CFR Part 32 (Debarment and Suspension)* and the prohibition in Part 30 against fraud and other unlawful or corrupt practices; and (g) Subpart C (Clean Water Act Requirement), if applicable. * The municipality has access to the USEPA's Master List of debarments, suspensions and voluntary exclusions. Before the award of any subcontract, check, through the municipality, if the subcontracting firm is debarred, suspended or has voluntarily excluded itself from participation in USEPA assisted programs. A New fork State Department of Environmental Conservation Technical Information Pamphlet is available, through the municipality, which explains use of the Master List ty and penalties for non compliance with applicable regulations. -R- M2 - 23 of 41 Subpart G - Protests $ 33.1105 Applicability and scope of this subpart. (a) This subpart sets forth the administrative process that EPA will use for the rapid resolution of protest appeals filed with the award official. (b) A protest is a written complaint concerning the award of a recipient's subagreement filed with the recipient by a party with a direct financial interest adversely affected by a recipient's procurement action. (c) A protest appeal is a complaint filed with the award official regarding the recipient's determination of protest. § 33.1110 Limitations on protest appeals. (a) The award official shall not accept a protest appeal from a recipient's determination of protest until the protestor has exhausted all administrative remedies at the recipient level. (b) A protest appeal may only be filed with the award official for: (1) Issues arising under the procurement provisions of this Part; (2) Alleged violations of State or local law or ordinances and when the award official determines that there is a contravening Federal requirement; (3) Provisions of Federal regulations applicable to direct Federal contracts, if such provisions are explicitly referred to or incorporated in this Part; (4) Basic project design determinations which clearly relate to questions of source selection or application of restrictive specifications; or 01 (5) Award of lower tier subagreements; (i) If the recipient mandated the award to a particular entity; or (ii) If it were based on a violation of the requirements in S 33.295 "Lower tier subagreements." § 33.1115 General requirements. (a) Any party with an adversely affected direct financial interest may file a written protest appeal with the award official in accordance with this subpart. M2 - 24 of 41 -1- Subpart G - Protests 33.1105 Applicability and scope of this subpart. (a) This subpart sets forth the administrative process that EPA will use for the rapid resolution of protest appeals filed with the award official. (b) A protest is a written complaint concerning the award of a • recipient's subagreement filed with the recipient by a party with a direct financial interest adversely affected by a recipient's procurement action. (c) A protest appeal is a complaint filed with the award official regarding the recipient's determination of protest. § 33.1110 Limitations on protest appeals. (a) The award official shall not accept a protest appeal from a recipient's determination of protest until the protestor has exhausted all administrative remedies at the recipient level. (b) A protest appeal may only be filed with the award official for: (1) Issues arising under the procurement provisions of this Part; (2) Alleged violations of State or local law or ordinances and when the award official determines that there is a contravening Federal requirement; (3) Provisions of Federal regulations applicable to direct Federal contracts, if such provisions are explicitly referred to or incorporated in this Part; (4) Basic project design determinations which clearly relate to questions of source selection or application of restrictive specifications; or (5) Award of lower tier subagreements; (i) If the recipient mandated the award to a particular entity; or (ii) If it were based on a violation of the requirements in 9 33.295 "Lower tier subagreements." § 33.1115 General requirements. (a) Any party with an adversely affected direct financial interest may file a written protest appeal with the award official in accordance with this subpart. M2 - 25 of 41 -1- § 33.1125 Appeal documents. (a) The protest appeal document must state the legal and factual grounds for the appeal and request a determination under this subpart. (b) Upon filing of a protest or appeal with the award official the protester must concurrently transmit a copy of the documents and any attachments to all other parties with a direct financial interest which may be adversely affected by the determination of the protest. Also, a 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. $ 33.1130 Deferral of procurement action. (a) The recipient should review each protest filed with it to determine whether it is appropriate to defer the protested procurement action. (b) When the award official receives a protest appeal, the award official must promptly request that the recipient defer the protested procurement action, if it has not already done so, until the award official notifies the recipient of the formal or informal resolution of the appeal. Such deferral of the procurement action shall be limited to the award of the subagreement, or subitem which is the basis of the protest. (c) If the recipient does not defer the procurement action it bears the risk that the award official will disallow the cost of the protested procurement action if the protest appeal is upheld. (d) If the protester does not agree to the recipient's request for a reasonable extension of the bid and bid bond period, the recipient or award official can summarily dismiss the protest appeal. • § 33.1135 Award official's review. (a) 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. (b) 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 compiled with the procurement requirements of this Part and has a rational basis for its determination of protest. M2 - 26 of 41 -3- NEW YORK STATE CONTRACT PROVISIONS 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 pre work. conference, arranged by the municipality, which includes a representative of the New York State Department of Environmental Conservation, 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. 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. 6. In as much as the municipality is required to have the sewage treatment plant operator on site during the final fifty percent (50%) 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, 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. t M2 - 27 of 41 i � R The parties to the attached contract furter agree to be bound by the following, which are hereby made a part of said contract: 9 This contract,. • e• ' • •, tractor or -Vit;right • _ :. interest therein assign ,�.� of • r disposed the previous .. ,F, . i 111. The contractor specifically„ re- quired • . Laborc• tai and 220-d amended, that: i' dv wagesd.paid. • r a legal daYs work shall be not less dw the • , de- fined by 1) The •-• [ Law provides • sant the contract may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than— (a) die stipulate -- t. wage scale as provided Labor..• . amended,.. •l less than the stipulatedhourly Sec- don-, : -d IV- The contractor specifically agrees, as re- quired by the provisions of die 'v.abot Law, Section 210-e as amended, that® m2 -- 28 of 41 (a) In hiring of employees for the performance of work under this contract or any subcontract here- under, or for the manufacture, sale or distrib-ition of materials, equipment or supplies hereunder, no contracor, subcontractor nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, crud, color, sex or nam clonal origin discriminate against any cite of the State of New York who is qualified and available to performs the work to which the em- ployment rel no contractor, :; his behalf shall, in any manner, discriminate against or intimidate any employee hired for dm perforfriance of work under this corI on ac- count of race, creed, color, sex or national origin. (d) this contract may be canceled cw terrninated ,. or municipality •; lmoneys due or t: become due .. may be forfie-ited for a second or any subsequent violafion of the te� or conditions of this section of the cont-a(l, and V. During the perfixmance of this conI 07”; contractor • l' • contractor will odisaiminate against any employt-e or applicant for employment be- cause of race, creed, color, sex, nadonal ongin, disabirity or marital status. (b) If directed to do so by dw Commissioner of Human Rights, the contractor will send to ea& labor union or representative of worxers with which the contractor has or is bound by a collec- tive bargaining or other agreement or understand- ing, a notice, to be provided by the -State Commissioner of Human Rights, advising such labor union or representative of the cor-tractoes agreement under clauses (a0 through (gi (hereinaf- ter called "non-discrimination d cruses") If the der and will not knowingly be disclosed by the bidder prior to opening, di..rectly or indirectly, to any other bidder or to any c=pet.itor; 3) NO atte=pt has been made or will be made by the bidder to induce any ower person, partnership or corporation to submit or not to submit a bid for the pur- pose of restricting c tition. The _ that a bidder (a) has published price lists, rates, or tariffs covering item being procured, (b) has informed prospective customers of purposed or pending publication of new or revised price lists for such i em , or (c) has sold the 3amie i - Mir to other __." at same .a,a11." prices being e_ • b.i doesnot constitute, withintut more, a disclosure the meaning of paragraph VT (a). M2 - 29 of 41 U.S. ENVIRONMENTAL PROTECTION AGENCY CERTIFICATION BY BIDDER REGARDING EQUAL FMPl.OYMF.NT OPPORTUNITY Name of Bidder - Project No. 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 contract or subcontract sub- ject 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 subject 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. 3e" Bidder has filed all compliance reports due tinder applicable instructions, including SF -100. YES _ _ NO 4. If answer to item 3 is "NO1°, please explain in detail on reverse side of this certification. Cert�ficat_i_o_n - 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) (SIGNATURE) (Rev. 5/7/75) M2 - 30 of 41 (DATE) (EPA, Region II, .2/24/75; NEW Yopl, S7. -: [)l'P.1K*P-T-NT Or 1:::1'11:n:,��:X1'i�L .NSrla',-.TI0N DIVISION OF 111:1:1. VATERS BuItE :U OF SEW .GC PROs RAMS Performance Bond Requirements For Water Quality I.apruvemenc Project Construction Contracts Chapter 617 of the I.zws of t:cw fork State for 1974 requires that, "t:'henever a security bond is posted by a sticcessful bidder for thi faithful pt•rformatrcu of a municil-'sl project, for which stzte aid is approved, the name End address of the bondf'nS company or person issuing the security bond, the number of such bond, and such other information as may be required l:y the Stare departneut: or agency responsible for suP:rvising the aid proor In regarding the protect, shall be transmitted to such departmcnt or agency ulic•rc it shall. be rcvi:wed to determine its authenticity prior to award of such contract." litorder Co carry our the rroti•is.ions of Chis Law and remit State review of Performance Bond Inform: --tion prior to the award of the contract it is neces:•..ry tltat'tlte specificatio:-is for all later Qunlity Inprovcclent Project Construction Contracts contain tine article listed'belo.! and that a completed Perform..3nce Bond Inforination Form be sub-mit.tud to th:- Eurezu of Sucrase Programs as part of the Gid Material for each constructic•te contract. (A sample format of tic Performance Cond Infomation Form is atLecltcd.) If the Perforance Pond Infort:Jtiun Form be surplicd as part of th:• r.. Bid Matcrinl in it:, place the name and address of tlt: :urcty ecr.:rany from whole LLC contractor hropases to obtain ti,i' bond shoulal l,a suhrli►tO'. As soon as clic contractor furnirhcs the bond to the nuniripa.lity tho inforua:t;u;t should be tclephon-gid to: fiurcati pf Sewage Proi;raters, Grant l4 na,cment Unit (518) 457-5851 or 4575959. The Joint State-Fed:ral Approval Lo Award gill not be issued until this perforu:ance bond information has been stth:;,irted to Lho new York State Wpartnr.nt of Environmental Con.-ervation and verifi.cd. '71te bidder to whoa., the nunicip-ality p=ollases to award the contract shall, as soon as possible but not laLcr than thirty (30) cl-,ys fro -1 the opening of bids furnish to the trunicirJlity a hand equal to one hundred per cent of the amount of the contract, conditioacd for Llte f;-iLhful performance of all corpus, covanants and conditions of. snmc•, with _a curety cumpnny aut.hati. .ci to do Lusiness in the State of New York, as surety. if it is nut possible. to subrait such bon -I uil-bin Llic titn= staLCd, the bidder Shall as soon at; possible but not lnLer than thirty (30) clays from the opening of bids furnirh to the municipality the name and nddress of the surety company authorized to do business in Lhe State of New York which will provide the bond, and forty-eight (48) ho:trs before cite award of Llte contract furnish to the municipality n bond equal to one hundred per cent of the a,aount of the contract, conditioned for clic faitltftil porfor.:.ance of all terms, covenants and conditions of sante, with a surety company authorized to do • busincsts in the State of New Park, as surety. Til` bond shall be maintained in full force for a period of Lwelve motttlts after date of final certificate as a guarantee that the contractor will natke good .illy faults or defects ill the work arising from iunpropor or dcfeeLiVC t;orl.:nanship or materials which may appear during Lli3t period." M2 - 31 of 41 :' my Yom: S_T!'rE IiL'?'Ai.T;-::.::T OF DIVI ;IO:i Grp I'U IE BUR RII 0: Sf -.AGE !TIOCiV 5 Performance Bond Inf orr.ati en Form Project C-36- _ Cui!structi on Contract Number _ 1.1uhic of Contract Nam— of Contractor .-- Addre:cs Co:::%'.:.r,y or Person IssLinC Security mond hdcirc s s -- I;ondinC Cm-p:_ny tZent Addrese /`mount of Bond $ - Duration of Bond from To Identificution Number of Bond M2 - 32 of 41 AFFIRMATIVE' ACTIO:' RECL-IF_:•= Mz OF NASSAU -SM -FOLK PLA, ` The following "Affirmative Action. Requirements of the Nassau -Suffolk F19Ln" is hereby made a part of the Contract Documents. All bidders, under rite plan, shall receive and strait with his bid the required certificates stated on Pages 11 throuch 14 of the Affirmative Action requirements. Bidders who omit the proper certification will be considered non-responsive therefore, not eligible for award. All bidders who wish to receive e.:litional inform may call (212-264-9300) the iirector, Office of Civil Rights and Urba:z Affairs. A pre-bid conference m-;' also be held •y this Office prior to the set bid opening date, so that bid conditions :ay be made clear to all parties involved. BID CONDITIONS AFFIR:- ATI :.. ACTION RI SQUIRE E NTS EQUAL E:PIA`_'TVE::T GP= O:•=1"Y For all :ion-Z'xc7-7: F eierE.l ar_3 Ccns`ructicn Contracts to be Avars�•3 is ;: _�._i :�' ���.cl!- �= -:vain-, ��:r Yore Part I: The prcvisicns o= this Fast I erply to bidders, contractors ,rA subcontractors with rc3T._(:: r t.i :� c.—;rrurti-n t•r-LOes for vhlcn they are parties to collective ba:°7ainin; g ree=e..ts •:ith a labor organization :r organizations end tc.;�:::_. t:i:i� �Lc:i iaboz' a:.::z.izatiors have agreed :o the Nas3su-Suffil'4 rsc n C_n= e: ucti. n F:: �.. f cr equal opportunity (a;tt only as to these trades Es L:, wnic!: t :ere are cez_r.i=n_nts -by labor .rtanizations to specific gamic cf =i;-. ri ty z a —c- er utilization) be Ween the local general contractors and general cc. -tractor's asscciat=arms, the subcontractors and si:bc:,: t: act. ~; ass ciatic,.s, and the Coalitic voCether �: -ee�.� :.. `.ave btucn an .._;� h: reafter be de- _ th all implenentin!; a_;. "' t'�a= loped pursuant thereto, ell c: vri::. docu .tints are in corperated herein t7 reference and are hereinafter cum,.,�Iativcly referred to as the Nassau- Suffolk assau- Sufolk Plan. Any bidder, contractor or subccaz:actor using one or more trades of -instruction employees must c.c-.aly Vath either Part I er Part II of these "I Condition3 as to each suc tr.-.de. Thus, a bid?er, contractor or sub- —atractor may be in cc=pliance with thece corditicns ;,; its inclusion, h " " provided r%' its union, in the '.552:1-�ufioll `i lcz: as to t` .dc A , dad "-re is bet forth int _ - -'' Plan a =ific cc=.it=ort by ".at union to a goal of minor i ry '.-.st.ccrer utilization for such trade "A", t:rreby meeting the provisions of this P --rt I, and by its cc-..szitment to ort II in regard to trade "B" in the inotence in which it is .not included �» the Nassau -Suffolk Plan and, therefore, can:ot meet the provisions t this Part I. To be eligible for award of a contr=t ur._er Part I of this invitation, • :tdder or subcontractor must exrc:::e the cer.ific_:icn required by Pert III Cor. M2 - 33 of 41 i Part II: A. Cov_ erar.._. The provisions of this Part II shall be ,llcab o th '��ose bidders, contractors and subcontractors. who, in d to those construction trades to be utilized on �he project to h these bid conditions pertain: .:. 1, Are not or hereafter cease to be signatories to the Nassau - folk Plan referred to in Part I hereof; 2. Are signatories to the Nelssnu-SrffOlk Plan but are not ,.ties to collective bargaining agree=entz; 3. Are signatories to the tlassau-Suffolk Plan but are parties •ng ro •ten collaftereeeaseatolbe signatories�tohthebotiassau-SuffoLks Plan; who e no �= hire 4. Are signatories to the Nass ..'folk Plan but as to which .a specific cca=tnent to goals of s.ir.or ity manpo,- er utilization by :ator organization have been executed pursuant to the ssau-Suffolle .&n; or 5. Are no longer participating in an affir--a:ive action Plan r:ceptable to the Director. O CC. inclu:in„ the ':nssa�i-Su!':olk Plan. tive Kan - B. Requirement—An A.f=i. _.:.1: _ A.ctic:� �.:.: The bidders, ::ntractors and subcontractors described inreraffrcrns 1 through 5 above ,.:11 not be eligible for award of a contract and --!r this Invitation for cads, unless it certifies as prescribed in para, re:�`� �b of the certification 6; ••cified In Part III hereof 'rat it adopts the ...:: _ goals end tinetables r::'•v +... . •.. «,7r .l:.�i� ��iva. it', tiaFl Specific ...—.�. .'firmative action steps set forth in Section P. 1 and 2 of t`.is Part II ::rected at increasin3 r_inc: rity =annoyer utilizaticn by =--eons of applying .;-od faith efforts to carr;;ir oc; such s,.e cr iz da2 ed to he: a adopted rich a program pursuant to Section b. 3 of this Part II. 1. Goals and moi- c'•es. The Coals of minority :iannouer utilization :c;uired of the bii�- ;sed ^_c..,rracto.s are ee.��i:r_i'.= to each trade -:t otherwise bound t/ the prcvisi:as of Pert I r,_r.eof which ;ill be used :n the project in Nassau -51:: `elk Counties Nev l'or'd 'ercinafter referred to es t• -z! Until Pro act �roa @NEnce- to Completion hon to trop to Goals of Minority t'.:rpower Utilization Expressed in Percentace T=_rns 25' .i "Mincrity" is defined as inclJdin- cgroeS. S7 u-ii:,h S:=" ==E-0-1-'ric^P:S, Orientals and American In—es, and incluces bots and `c_2:►. M2 - 34 of 41 In the event that under a contract which is subject to these Bid -,.editions any work is perfor--ed in a year later than the latest year -riniedahereinbltheogoalseen for minority r 1974 shall beapplicableob to such work. :ate- The percentage goals of minority manpower utilization above are t- `r2ressed in terms of manhours of training and e�ployrent as a proportion be worked by the bidder's, contractor's and sub - the total manhours to ::;tractor's entire work force in th.st trade on all projects (both ftderal non-federal) in the tiessau-Suffolk Area during the performance of contract or subcontract. The -_&;&hours for minority w„rk rnd training .at be substantially unifcr_: tzrouc±iout the length of the contract, on ,:1 projects and for each of the trades. Further, the tri sfer of minority c:;loyees or trainees from employer -to -employer or from project -to -project •.-r the sole purpose of meeting the contractor's or subcontractor's goal :all be a violation of these conditions. In reaching the goals of :inority manpower utilization required of bidders, contractors and sub- { :.-ntractors pursuent to this Pest II, every effort shall be made to fir.3 o..d employ qualified journey --en. Provided, however, and pursuant to the .:quirements of Depart=ent of Labor regulations, 29 C:3 5a, apprentices trainees shall to e--_mlcyed or. a'_1 projects su..ject to the requirements these Bid Conditions and, where feasible, 25 percent of apprentices or trainees c=Dloyed on each project shall be in their first y, -=r of apprentic:- s;lip or training. In order that the non -working training hours of trainees may be counted in meeting the Foal, such trainees a:Vst be elplc ed by the con- tractor during the training period, the centractor must have made a com- -fitment to erplcy the trainees et the-cc--pletion of their training subject avail '' Y , f e �plo; �= :t :?crtur4_t4_cs and tte trainees Test to : he u..ilit ;rai'ned psrsuant to establisher: training prc„ra� which rust be the eauiva- i s noir or Ycreaftcr provided for in the .1t of the training r= cg= == ::ssau-Suffolk Plea with respect to the nature, extent end duration of .:raining offered. A contractor or subcontractor shell be deemed to be in co=pliance • with the t•.,rms and require=er.ts of this Part 11 by the c::ploynent and training of minorities in the epprcpriate percentage of his a gregate v:rk force in the ::^s� '1-,'u fcl:= ilea for each traie for which it is .co-mitted to a goal under this Part II. However, no contre_tcr or subcontractnr shell be fc::n3 to be in nnn- :---Pliance solely on account of its failure to =eet its goals within its =:=etables, but such centractor shall be given the c pertunity to dem n- strate that it has instituted all of the specific affirz.ative action steps c;ccified in this Part II and has made every good faith effort to make =nese steps work toward the attainvent of its goals within its timetables, 411 to the purpose of expanding minority manpower utilization on all of i'3 projects in the ?iassau-Suffolk Area. In all cases, the cc=pliance of a bidder, contractor or subcontractor •\ r:11 be determined in accordance with its respective obligations under the t"rs of these Bid Conditions. Therefore, contractors or subcontractors •"� are governed by the provisions of this Part II shall be subject to the :r;uirements of that Part re ardle-s of the cLliC ns of its prise con- ' •rector or lower tier subcz tractcrs. M2 - 35 of 41 All bidders and all con=motors and subcontractors performing or • is perform work on projects subject to these Bid Conditions hereby agree t� inform their subcontractors of their respective obligations under the terms and requirements of these Bid Coin:ions, including' the provisions _ relating to goals of minority trployment and trainir.;. 2. g ecific Affirmative A=tion Steos. Bidders, contractors and �•;bcontractors subject. to this per, iI yust engage in affirmative action ,;rooted at increasing minority m r.power utilization, which it, at least ,3 extensive and as specific as the following steps: a. The contractor shall notify coz;:unity organizations that the contractor has eaploy--ant opportunities available and stall raintain records of the orgr-iizations' response. b. The contractor shall maintain a file of the names and a;:resses of each minority wc-.8er referred to him and what action was taken with respect to each such referred worker, and if the worker was not employed, the reasons therefor. If such worker was not sent to the salon hiring hall for referr-al cr if such worn --r `as not employed by the contractor, the contractor's f1le shall doc=ent this and the reasons therefor. C. The contractor sr all prorptly notify the Enviroameneal •Protection Agency when the union or i:nio.,s with whoa the contractor has L collective bargaining agrceme:t rag not referred to the contractor a _ o= the contractor has other _1nority worker sent by the contractor n- fcrnation that the union refer=Ll process !.ss im_edzd him in his efforts to meet his coal. d. The contracts: scall participate in training programs In the area, especially these funned by the Department -of Labor. e. The contraztc.r chi -ill dissemin-,-te his z=0 policy within bis own organization by incl°.:ciao it in any policy =antral; by publicizing it in company newspapers, c:inual re;:z ts, etc., by con!u:tir._ staff, ecployee and union represen ativea' neetinGs to explain and discua s the policy; by posting of the policy; and by arecific review of the policy vith minority employees: f. The contractor shall dirsc=:nste hi. =?D policy ex- ternally by informing and discussing it with all recruitment sources; t/ advertising in news media, specifically including sorority news media; and by notifying and discussing it with all subcontractors and suppliers. g. The contractor sh-all make specific and constant personal (both written and oral) recruit=ent efforts directed at all minority organizationseehools and minority Stucents, minority recruitment organi- tntions and minority training organizations, within the contractor's re- cruitment area. b. The contractor shall make specific efforts to .encourage tresent minority employees to recruit their friends and relatives. M2 - 36 of 41 J. The contractor shall validate all man specifications, ,,lection requirements, tests, etc. J. The contractor shall make every effort to promote after- o;hool, summer and vacation erploymment to minority youth. k. The contractor shall develop on -the -nob training oppor- 1 ;r.1ties and participate and assist in ary association or employer -group wining progra:s relevant to the contractor's e=ployee needs consistent th its obligatio: s urdpr this Part IZ. • 1. The contractor shall continually inventory e-nd evaluate all minority personnel for prc=otion opportunities and encourage minority ecployeeS to seek such on portunitics.. M. The contractor shall make sure that seniority practices, .ob classifications, etc., do not have a discriminatory a:feet. n. The contractor shall mGke certain that all facilities rand company activities are non-se-regated. o. The ccntrt.ctor scall cc-tinlally nznitar 111 personnel e:tivities to ensure that his LEO policeis L•erig ca--ric3 out. p. The contractor shall solicit bias for subcontracts from r-vail'able miroi•ity subcontractors e::;__:=d the rra•'es co-rered bei theme bid Conditions, including circulati;,z of minority contractor associations. 3. a _ _ -moi to bb_pe:• :3 }r P=••t T -I. Co.*.tra^to-s c::. �uLc= -tri-::.r= _ - eligible under Part I of the3-z Rid Conditions, is no lc:.��r p�rtic_patieg In an affirmative action plan vcceptsb-le to the Uirectc= of the Office of F ` C cplinnce i...is::ia- the _-ss-�: _ S'.'. '.'_'' Plan, he shall Federal Contract :.. 9 •� - "' "' �,�• deemed to be cc=ritted to Part ZT_ of thEse. Bid Co:.3itions, he shall be considered to Le oo==hed to he min_rlty = Mercer.`. " c;oa1 of the aiirimum range for that trade for the err: cr: late year. 4. Subsequent Si^natory to th%_ _ :':-c���'�== Plan. A_ny contractor or subcontractor subject to the requi7e=e: is of this Part II for any trade • it the time o: the submission of his bid Who together with the labor organization With whom it bas a collective bar-:inin; aCreenent sub- scquently bec3 .res a 31:- ato=; to the = ::•'?;c 'plan, either in!'_•ri.'.ually cr through an azsociaticn, -_XJ meet its require:.ents under these Bid Con- ditions for such trade_, if such contractor or subcontractor executes and submits a new certification co-.mittir.g himself to Part I of these Bid Conditions. No contractor or subcontractor shall be dee:ed to be subject to the requirements of Part I until such certification is executed and submitted. S. Non-discrimination. In no event may a contractor or subcontractor Utilize the goals, tiL2tib1e3 or affirnative action steps required by this Part II in such a manner as to cause or result in discrir.ination against LnY person on account of race, color, religion, sex or national origin. M2 - 37 of 41 part III.: Certification_ A. Bidders' Certifications. A bidder will not be eligible • ,,r award of a contract under this Invitation for Bids unless such bidder submitted as a part of its bid the :ollcwing certification, which will :e deeaed a part of the resulting contract: BIDDERS' CER:IFICATIOU certifies that (Bidder) 1. It intends to use the following listed construction trades in the work under the contract and 2. (a) as hereof for which ; crticipatiO6 in ;e non-federal) in coverage of that to those it is eliEible the Plea cn set .crth in the parcgrapl- one un!or Part I of t::Zse :Sid Co.nditicrs for PlEn, it will cc=yly with €.11 construction her:: (b; ;:h federal and th? area with -ii the scope -of Plan, those trades being: and/or (b) as to those trades for which it is required by these Bid Conditions to comply with Part 11 of these Bid CondiL1G:,3, it adorts the cinImum minority ma power utilization goals ezid the specific af:ir==tive action steps contained in said Part II, for all construction w r'. (both Federal and non-fCd_rcl) in .c area subject to these Bid Conditic ns, those traces being:_ and 3. it will obtain from ec.c'l of its subcontractors .^n3 stab=.'_t to the contracting or adr-in- _:::.� _ ..c! I:'ic- :.o t.li. o: a::;: ;L;,cc:.tract � under this contract the,subccntractor certification required by these Bid Conditions. (Signature of authorized rzpresentati,e of bidder) B. Subzcntrac`cr:' C=rtifi:-_ticn:;. Prior to the award of • MY subcontract under this Invitation for Bids, reiardless of tier, the rrospective subcontractor must execute er:! submit to the Prime Contractor the follcving certification, which will be deemed a part of the resulting subcontract: M2 - 38 of 41 SUBCONTRACTORS' CERTIFICATION certifies that: tractor) 1, it intends to use the following listed construction trades in work under the subcontract 2, (n) as to those trades set forth in the precedin paragraph one t.creof for which it is eligible under Part I of these Aid Conditions for the F.nrticipc►tion in the Plan, it will comply plan on all construction work (both federal area subject to these mad non-federal) in the mid Conditions, those trades beinom: and/or (b) as to those trades for which it is required by these Bid Conditions to comply with ?a -rt II of th^_se Aid C,:.di�ic^s, it elct�`�s the r.inimum minogity manpo.rer utilizatio-I goals and the specific dfeimnative action steps contained in said Fart II for all constructic work (both federal and non-federal) in the : Part P1: Com-3liance and Fnfct-cr-^nt• Contractors are re3ponsible `or info g their subcontractor (re-ardless of tier) as to their re- �fcctive obligations under Parts I and II hereof (as apalicable). Bidders, enterinr, into contractors and subconntrac fihatien agreeereby to orefrain , cutiveCrder11246, _ contract or contract as with a contractor debarred from, or amended, of September 24, 1955, vho is determined not to be a "responsible" bidder for, Government con- tracts and federally css_sted construction contracts pursuant to the ive Order. b`e bidder, contractor or s•rbcont:actor shall carry lzccut out such sanctions an penalties f:: riolatien of t:^.e equal opzo_ turi ty ter=-ratica and caneeilaticr, of existi: Clause including suspension, r� the aciririst_rin,; agency, ,subcontracts as may be izpcsed or ordered by contracting a�,ency or Order. the Office of zederal Contract Co=pliance the Executive Any bidder or contractor or subcontractor pursuant to the aZ t ,who shall fail tocarry vitt san idCondit P, Conditions tdExecu ive Executive Order11246, to be in noncompliance as amended. =nded to relieve.ary contractor or subcontractor Nothing herein is i:.t during the term .of its contract on this :roJcct fro= c=a: lis::c= with Ex Order 11246, as emended, and the u%'_ C.:crt•:nit;r Clause of ecutive he ,�,c p t • u-::_ffolk its contract, with respect to ==tiers :got covered _t; Plan or in Part II of these Rill Ccn4ilio.-.3. Violation of any substantial requirement in the "assau-Suffolk Plar. • or subcontractor covered by Part I of these Bid Conditions by a contractor including the failure of such ecatractor or subcontractor to =2:e s good faith effort to meet its fair zh are of the trade's ,goals of ninority man - 3 o: -t II hereof by a con- poucr utilitstic', or of the re _ui-•e;e: . -ram tractor or subcc::ci ..c«=:lo cZve� c ; _ •� noncompliance by such ecztrcctc.r c•r subcontractor with the Lqu&l Oppor- tunity Clause of the Contract, and shall be grounds for ir.'---,=,itien of the sanctions and penaities provided Et Section 209(a) of Zxzcutive Order 11246, as amended. Each agency shall review its contractors' end subcortract3rs' • °e rerrc- -^cc of the ccntract. If the employment p~a�tices du^in: -: _ - ,-••••- Ylg1 no lc-_ ate -, — - •' _c: tLr r.•�"s°- agency deter=ines that _ effective affirmative action, it stall so n•otif -`�� �•ficeoffi�alr�e_ Contract Compliance which shall to solely resrcnsib_e fcr an termination of that question and the consequences thereof. In regard to Part II of these conditions it the contractor or sub- contractor meets its geals or if the contractor or subcontractor can demonstrate that it has made every goo: faith effort: to meet those goals, the contractor or subcontractor s:.all be ores=,.:d to be in co-p1_ance with Executive Order 11246, a amended, the i=ple==ntirg rzculations and its obligations under trere Eid Conditions and no for= al sanctions or proceedings leadinNtoward sanctions shall be instituted unless the agency otherwise deterrincs that the contractor or subcort:actor is not providing equal employment opportunities. In Jud.--ing whether a contractor or subcontractor has met its goals, the agency will consider each con- tractor's or subcontractor's minority r..anpcver utilization and will nct take into consideration the =irority _-nnover utilizatisn of its sub- • contractcvs. Wi ire the a�eccl fs^ta :'gat ti -e contrcctcr c subccntracter M2 - 40 of 41 s has failed to co. --ply with the requirements of Executive Order 11246, as ,=ended, the implementing regulations and its obliCaticns under these Sid Conditions, the agency shall take such action and impose such sanc- tions as may be appropriate under the Executive Order and the rePulations. when the agency proceeds with such formal action it hcs the burden of proving that the contractor has not =et the requirements of these Bid Conditions, but the contractor's failure to meet his goals shell shift to him the requirement to come forward with evidence to shop: that he has met the "good faith" reouirements of these Did Conditions by instituting at least the Specific Aff —alive Action steps listed rbove and by making every good faith effort to crake those steps work towazrd the attein `nt of its goals within its timetables. The pendancy of such for --al proccedings shall be taken into consideration by Federal agencies in deterrinin; whether such contractor or subcontractor ca.: cc--7-ply vith the requirements of Executive Order 11246, as amended, and is therefore a "responsible prospective ccntractor" within the meaning of the Federal procurement regulations. It shall Ire no excuse that the -anion with %:hick the contractor has a collective bargaining agreement providing fcr excl-=-ive referral failed to refer __nority em:�lcyees. The procedures set forth in these conditions c al.l not apply to say contract when the head of the cont=acting or administerirf: agency de- termines that such contract is essential to the national security. acid that its award without following such procedures it necessary to the national security. upon making such a deter=inaticn, the agency head will notify, in writing, the Director of the Office of Federal Ccntrrct Compliance within thirty days. Requests for e:_erpti ors from these Bid Con!' -ti -e--:--1 n•:st be r_=?c in writing,, vith ,justification, to the Director, Office of Fedeaa'_ Contract Compliance, U.S. Dzp::r .ezt of Lr:cor, Ua;::i..;to:., D.C. =210, Lnd shall ' be forwarded through and with the erdorser_e of the aze n=y head. Contractors and subcontractors mist keep such reccr2s aid file rich reports relating to the provisions of these B d CondItions as shall be required by the contracting or a =a'_nist !ring &C:ncy or t: e Office o; Federal Contract Contppliance. For the information of bidders, a copy of the Nasseu-Suffolk Plan may be obtained frcr, the contractir.; officer. M2 - 41 of 41 :)•VJA;,r i):, >. 'h!'• v ill. If 1!1y .'!c1 t11'" „IlCi i ! :'I� J .'! :'1II L!1' 1 i!!: I' Ell. _ I I i i '•i ,'I: HI -1:!I ll:;: ` (a) Ny prices specific311y named in the :3pecificatlons )r proposals. (b) By acceptance of agreed unit prices based on estimated cost plus overhead and profit as applicable. (c) By estimate of the actual cost of labor and materials plus ove'head and profit, cost to be determined as the work progresses. (d) By actual cost of labor and materials plus overhead and profit, cost to be determined as the work progresses. (e) By estimate of the value as deducible from the approved detailed estimate. 156. Overhead shall be defined as an allowance to compensate for all costs, charges and expenses, direct or indirect, except for the actual cost of labor and material as defined by Paragraph No. 157. Overhead shall be considered to include, but not be limited to insurance (other than as mentioned in Paragraph 157) bond or bonds, field and office supervis-_.-s and assistants above the level of foreman, use of small tools and minor equipment, incidental job burd=ns, general office expense, etc. 157. Actual cost of labor and material shall be defined as the amourit paid for the following items, to the extent determined reasonable and necessary: Item 1 - Cost of materials delivered to the job site for incorporation into the contract work. Item 2 - Wage paid to workmen and foremen and wage supplements paid to labor organizations in accordance with current labor agreements. y Item - Premiums or taxes paid by the contractor for workmen's compensat_3n insurance, unemployment insurance, PICA tax and other payroll tastes as required by law, net of actual and _.nticipated refunds and _eoates. Item 4 - Sales taxes paid as required by law. Ttem 5 - Allowance for use :)f construction equipment (exclusive )f hard t,,_:1s and minor equipment), as approved for use by the �Ylgineer-i -charge. The rate on self -owned equipment used for periods of under ,ne week will be the Associated equipment Distributor's published :Monthly rate divided by 22 days to establish a daily rate and divided again by eight hours to establish an hourly rate. Equ;-pment used for periods of 5 days or more will be billed at a rate equal to 45-6 of the published monthly rate. In the alternative, the Engineer -in - charge may approve for reimbursement a rate representing the allocable costs of ownership. Self -owned equipment is definea t include equipment rented from controlled o_• affiliated companies. Rented equipment will be paid for -.t the actual reni,al cos;. Gasoline, �)il .and ?reaso required f'Ir -Derarion and ma'_n° 'nap_-- ..Ji l i be ;)al d f . :lt `.I;r= 1.1 ? f i r.: t :n -1"= )p inion )f A-1_ of 2 r:untrW,L(It', .:111d X., ..apt r"vc i by `!h il.,... ? —i:l—t , .til:..11)1. :quipment i nut r.vailabI ,n %h .-, ho muvin�x ,C .1 +equipment to and frnm tho to '.li.1_ Jr,:_i :.>r .t Item 6 - When the material furnished under ite!!. (1) is used material, its value shall be pro -rated to the value _f .new material, but should be no more ,than its cost. When, in the opinion of the State Architect, the salvage value of salvable material furnished under Item 1 exceeds the cost of salvage, 3 suitable credit shall be given the State. 158. Regardless of the method used to determine "he value of any change, the Contractor will be required to submit evidence satisfactory to the State Architect to substantiate each and every item that constitutes his proposal of the value of the change. The amounts allowed for overhead and profit shall not exceed the applicable percentages as established in the two following paragraphs. 159. If the work is done directly by the contractor, overhead in an amount of 1!Y116 may be added if method (b), (c) or (d) is used, and the cost of the labor and materials plus overhead there may be added 1-7/ for profit. The percentages for over- head and profit may vary according to the nature, extent and complexity of the work involved, but in no case shall exceed the percentages set forth in this paragraph. No percentages for overhead and profit will be allowed on payrcll taxes or on the premium portion of overtime pay. IL 160. If the work is done by a subcontractor, subcontractor's overhead in the amount of 5% may be added to cost of labor and materials if mnethod (b), (c) or (d) is used and to the cost of labor and materials plus overhead there may be added 10;o for the subcontractor's profit. To this amount there .:ay be added 10% for the contractor's combined overhead and profit. No percentage for overhead and profit will be allowed on payroll taxes or on the premium portion of overtime pay. A-2 of 2 �1 HOLZMACHER, McLENDON & MURRELL, P C � IZ44 CONSUL fINGENGINEERS ENVIRONMENTAL SCIENTISTS-d PLANNERS BUILDER'S RISK INSURANCE, INDEMNITY, LIMITATION OF LIABILITY 1. BUILDER'S RISK INSURANCE The Contractor shall purchase and maintain during the course of construction, until issuance of the FINAL CERTIFICATE, an "ALL RISK" Builder's Risk coverage insurance policy in the full amount of the Contract. The policy shall name as co -insureds the CONTRACTOR, the TOWN OF SOUTHOLD, SOUTHOLD WASTEWATER DISPOSAL DISTRICT, SOUTHOLD TOWN BOARD, INC. VILLAGE OF GREENPORT, GREENPORT VILLAGE BOARD, HOLZMACHER, McLENDON & MURRELL, P.C-., and each of their officers, employees and agents. The original copy of the policy shall be delivered to the TOWN OF SOUTHOLD, stamped "PREMIUM PAID". 2. INDEMNITY The Contractor and all Sub -contractors performing work in connection with this Contract shall HOLD - HARMLESS, INDEMNIFY and defend the TOWN and ENGINEER, their consultants, and each of their officers, agents and employees from any and all liability, claims, losses or damage arising out of or alleged to arise from the Contractor's or Sub -contractor's negligence in the performance of the work described in the Contract Documents, but not including liability that may be due to the sole negligence of the TOWN, ENGINEER, or their officers, agents and employees. 3. LIMITATION OF LIABILITY The Contractor and all Sub -contractors agree to limit the liability of the TOWN and ENGINEER, due to the Engineer's professional negligent acts, errors, or omissions, such that the total aggregate liability of the Engineer to those named shall not exceed Fifty Thousand Dollars ($50,00.0.), or 5% of the Contract award amount, whichever is greater. BRI - 1 of 1 V .44 HOLZMACHER. McLENDON & MURRELL. P C COUSUOIN0 fNO1NEEA8 ENVI".(.T4L SGENIISTS ME PLANNERS QUALIFICATIONS OF BIDDERS TOTgN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK The following is a list showing the name of the Owner, the Location, the Date of Construction and/or Performance, a General Description of the Work, and the Amount of the Contract of Work of a similar nature constructed and/or performed by the undersigned, and which has been com- pleted and in operation for a period of not less than one (1) year, (minimum of five such projects). FIRM NAME ADDRESS: SIGNED BY: TITLE: QB -1 HOLZMACHER,McLENDON d MURRELL, P C. Ut2AACANSULTINO ENOINEENO. ENVIRONMENTAL aOINTIOT5 � YLANNEN9 GENERAL CONDITIONS 1. GENERAL CONDITIONS The "General Conditions" are hereby made a part of these Specifi- cations and are attached herein. Where any article of the General Conditions is supplemented hereby, the provisions of such article shall remain in effect., All the supple- mental provisions shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provisions of such article not so specifically amended, voided or superseded shall remain in effect. Work, materials; plant, labor, and other requirements of the General Conditions shall be furnished by the Contractor. No direct payment shall be made for these General Conditions, and payment shall be deemed to be included in the Contract price or various items of the entire Contract. 2. CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal Form, Contract and other sections as either cited on the Index page(s) or actually included in the bound documents. Each section of the Contract Documents is intended to be comple- mentary to the other sections. It is intended that they include all items of labor amd materials and everything required and necessary to complete the work, even though some items of work or materials may not be particularly men- tioned in every section or may have been omitted from the Drawings or Specifications, or both. 3. APPROVAL OF SUBCONTRACTORS AND MATERIALS Prior to commencing any work under this Contract, the Contractor shall submit to the Engineer for approval a list of all the subcon- tractors and material suppliers it proposes to use for this Contract. No subcontractor or material supplier will be permitted to deliver materials or perform any work on this Contract until it has been approved by the Engineer. NIS U1_ — 1 O L 0 W HOLZMACHER,McLENDON & MURRELL, P.C. (',ONSULTNM ENaNEE.S. ENVIRONMENTAL SCIENTNITS r PLANNERS I GENERAL CONDITIONS (CONT'D.) 4. INTERPRETATION OF DRAWINGS, ETC. In the event of discrepancies between the Drawings and the Speci- fications, the following order shall be given preference when making interpretations: a. Addenda (later dates to take precedence over earlier dates) b. Drawings (schedules or notes to take precedence over other data shown on Drawings) • I c. Detailed Specifications d. General Specifications e. General Conditions On all Plans, Drawings, etc., the figure dimensions.shal,l govern in the case of discrepancy between the scales and figures. The Contractor shall take no advantage of any error or omission in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer -shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the.intent of the Speci- fications and of the Plans as construed by him,.and his decision shall be final. All work that may be called for in the Specifications- and., ­,not shown on the Plans, or shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor. as if designated in both. Should any work or material be.required which is not denoted in the Plans and Specifications, either directly or indirectly, but which is, nevertheless, necessary for the proper car- rying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall perform such work and furnish such materials as if they were completely de- lineated and described. 5. ADDITIONAL WORK Additional work, if required to be performed under this Contract, will be in accordance with the applicable paragraphs of the Contract. 1 The Engineer shall be the sole judge as to whether such work was intended as part of the Contract or is in addition thereto. 2 0 NIS GC - 2 of 6 �1 ZAe,� HOLZMACHER.McLENDON & MURRELL. P.C. A CONSUITiWEMWNEER9.ENV1A0.uE"f.L&Ct[.T1GT6rdPUHNFAS I 'GENERAL CONDITIONS (CONT'D.) _ 6. OCCUPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970 and subsequent revisions. This shall include, but not be limited to the following areas: Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment; fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes and wall openings, and heavy equipment. All specific requirements of the Act shall be adhered to. 7. SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of its employees. In case of an accident, first aid shall be adminis- tered "to any who may be injured in the progress of the work.., In addi- tion, the Contractor shall also be prepared for the removal to .the hospital for treatment of any employee either seriously injured or ill. 8. SANITARY REGULATIONS In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sanitary con- veniences for the use of employees on the work. Such conveniences shall be properly secluded from observation, and their use shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, ordinances or regulations governing these facilities. The contents of the same shall be removed,, with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. The'Contractor shall obey and enforce such other sanitary regu- lations and orders and shall take such precautions against infectious diseases as may be deemed necessary. In case any infectious diseases occur among its employees, it shall arrange for the immediate removal of the patient from the work and his isolation from all persons con- nected with the work. 1 The building of shanties or other structures for housing the men, tools, machinery or supplies will be permitted only at approved 2 places, and the sanitary condition of the grounds in and at such shan- ties or other structures must, at all times, be maintained in a satis- 0 factory manner. T. N S GC - 3 of 6 HOLZMACHER,McLENDON & MURRELL, P C. Cp+SUL TING EMOINEEM. ENvj.0N.ENT nL BGENTIS iS m `►lM+�+E� GENERAL CONDITIONS (CONT -D.) 9® RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION The Engineer is responsible solely for the general and/or detailed inspection of the work being performed® Such inspection will be perio- dic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product -will conform to the Plans and Specifications The Contractor is responsible for complete conformance to the Plans and Specifications, proper construction procedures® coordination with subcontractors, other contractors, and utilities, and safe working conditions for its employees® 10® LABOR All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary thereto, and to all other laws, ordinances and legal requirements applicable thereto® All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only® 11® CONTRACTOR'S REPRESENTATIVE The Contractor, in case of its absence from the work, shall have a competent representative or foreman present, who shall follow without delay all instructions of the Engineer or his assistants in the pro- secution and completion of the work in conformity with this Contract, and shall have full authority to supply labor and material immediately® • The Contractor shall also have a competent representative available to receive telephone messages and provide a reasonable reply as soon as possible, but not later than 24 hours® 2 `0 NIS GC - 4 of 6 0 9 2 HOLZMACHER, McLENDON & MURRELL, P C. � I�J`�� coaMxnao [aaaeewa. eavwa.wa*K eaaamm�..e R�+•e� GENERAL CONDITIONS (CONT -D.) 12. INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful men to do the work. Upon request of the Engineer in writing, the Con- tractor shall suspend or discharge from the work any disobedient, disorderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 13. CLAIMS OR PROTESTS If the Contractor considers any work required of it to be outside the requirements of the Contract or considers any record or ruling of the Engineers or Inspectors as unfair, it shall file a written protest with the Town within 5 days of said _ruling. A protest properly filed with the Town shall result in a hearing before a duly designated repre- sentative of the Town Board who shall make Findings of Fact and Conclu- sions of Law. The Findings will then be forwarded to the Town Board for their ultimate decision. Such decision will be binding 14. NOTIFICATION, INTERFERENCE AND INJURY TO UTILITIES The Contractor shall cooperate in every way with the utility companies. The utility companies shall be notified in accordance with Section 1918 of the Penal Law of the State of New York entitled "Construction or Blasting Near Pipes Conveying Combustible Gas," and with Article 20, Section 322-a of the New York State General Business Law. All conduits, water mains and gas mains encountered in the con- struction shall be properly and safely taken care of by the Contractor, who shall, upon encountering same, notify the public corporation to whom they belong in order that they may be changed in such a manner as not to interfere with the final construction. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit, by reason of negli- gence on the part of the Contractor, it shall, without delay and at its own expense, repair the same to the satisfaction of the Engineer, and in case such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor, or otherwise, and deduct the cost of same from any monies due or to become due the Contractor. GC - 5 of 6 HOLZMACHER, McLENDON 3 MURRELL, P C. CQ"GMW14gooOM®Kd NTAL.CIPOW9adH.A-00 GENERAL CONDITIONS (CONT -D.) 15. INFRINGEMENT OF PATENTS The Contractor further agrees to hold itself responsible for any claims made against the Town for any infringement of patents by the use of patented articles in any one phase of construction of the work and the completion of same, or any proces's connected with the work agreed to be performed under this Contract or of any materials used upon the said work, and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used in the construction and completion of the work. 16. DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of, or resulting to, the work under this Contract during its progress from whatever cause, shall be borne and sustained by the Contractor, and all work shall be solely at its risk until the date of the Final Certificate. 17. GUARANTEE WARRANTY This Contractor shall guarantee and warrant its work and that of its subcontractors against defects in workmanship and/or material for a period of one (1) year from the date of Final Certificate by the Engineer, except as otherwise specified. Upon written notification from tho Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the.Engineer, at no cost to the Town. 18. STANDARDIZATION The DETAILED and GENERAL SPECIFICATIONS indicate specific manufac- turers and/or catalog numbers, etc., for the purpose of standardization with the Town in order to minimize stockpiling of replacement parts. 19. DEFINITIONS The words "or approved equal" shall refer to an approved equal which has in fact been approved by the Town after inspection by the engineer that such approval is satisfactory. In the event that there is a dispute between the contractor and theengineer as to whether the item is equal, a hearing will be had before the Town Board or its duly authorized representative who shall make findings of fact and conclusions of law after a hearing which would then be forwarded to the Town Board for their ultimate decision and that such decision would be binding. The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL, P.C., Consulting Engineer for the Town. GC - 6 of 6 a 9 2 V2AAHOl1MACHER, McLENDON & MURRELL. P C [ONMKT ING (NOINHEMB, ENVIRO.MENTAI "NTITITT{-I VLA"t ND GENERAL SPECIFICATIONS 1.0 - GENERAL SPECIFICATIONS (a) The "General Specifications" of the contract are hereby made a part of this specification and are attached herein® (b) Where any article of the "General Specifications" is supplemented hereby, the provision of such article shall remain in effect. All the supplemental provisions shall be considered as added thereto. Where any such article is amended, voided, or superseded thereby, the provisions of such article not so. speci- fically amended, voided, or superseded shall remain in effect® 2.0 - COOPERATION The General Contractor, all other contractors, and all sub- contractors shall coordinate their work with all adjacent work and shall coordinate with all other trades so as to facilitate the general progress of the work. The General -Contractor shall be responsible for coordinating the work of all Contractors. Each trade shall afford all other trades every reasonable opportunity for the installation of their work and for the storage of their material. In order to facilitate and insure proper coordination be- tween contractors, each contractor and subcontractor shall pro- vide a supervisory representative to attend such job and progress meetings as the Engineer shall schedule® Meeting may be held at the work site or the Engineer's office (Melville, New York)® 3.0 - PERMITS AND REGULATIONS The General Contractor shall obtain and pay for all permits necessary to conduct the work and complete this contract® He shall obtain the Building Permit and Certificate of Occupancy® All work shall be performed in strict accordance with the regu- lations and requirements of the various civil agencies having jurisdiction thereof® Upon completion of the work provided for in this contract, and before final payment shall be made, the Contractor shall furnish the Engineer with any necessary certifi- cates of approval issued by these various agencies. GS - 1 of 6 GENERAL SH'CIFICATIOM S (COPIT'D. ) 4.0 - SIGDIS The General Contractor shall construct a project sign as detailed on the drawings and described in the specifications. 5.0 - GRADES. LIMES, LEVELS AND SURVEYS (a) Tire major axial buildingr lines, measurements, grades., lines and a bench marl: shall be established by the Engineer for the Munici- pality. (b) All other grades, lines, elevations and bench marks shall be established and maintained by the Oenera.l Contractor whc shall be re- sponsible for same. (c) The Contractor shall verify all. grades, lines, levels and di- mensions as shown on the drawings, and he shall report any errors or in- consistencies in the above to the 1'np.ineer before cor.a-!encingr work. (d) The Contractor shall ,provide and rrrai.ntain well-built batter - boards at all corners; he shall establish bench marks in not less than two widely separated places. As the work- progresses, hey shall establish bench marks at each floor, giving exa.ct levels of the various floors. (e) As the work proo•resses, the Contractor shall lay out (on the forms or rough f.loorin-) the exact location of all partitions as a guide to all trades. 6.0 - TEMPORARY ENCLOSURES The Contractor shall provide ternporary !•reather-ti.gght enclosures for all exterior openings a:; soon as r!alls and roof are built so as to protect all t_aork from the weather. 7. 0 - T},,, PORArt'! LIGHT . WAT> :i, ETO. The (,,neral Contractor shall furnish t(,mr)crc ry light and poi --or com- plete with all wiring, lamps and similar eauinr!ent , as required for the completion of his work. Until. the T lectrical Contractor est l�lishes the temporary electric service, the Cenera.l Contractor shall extend the ser- vice for his use. The District will pay for all current used. !later shall be supplied by the District, at no charf-e, at the near- est hydrant or District facility. Temporary IFE-at - The Crenc`r,i.l C'rnrrtrar.t: or :.hrrl.l_ protr;et leis work from freezing; and maintain temperatures suitable for the rror:rens of the work GS -2 of 6 s 9 2 )� HOLZMACHER. McLENDON & MURRELL. P C � �A14 Co"SULTIMU ENWM(EM. IWVWDp fNT&L WJ[Mfl6fe—dfA--f RS GENERAL SPECIFICATIONS (CONT'D.) in its various parts by means of approved salamanders, stoves, vents for same. He will be held responsible for smoke damage to walls, ceilings and other parts. The Contractor shall be solely responsible for all damage due to frost and freezing. 8.0 - TEMPORARY SHEDS (FOR STORAGE) The General Contractor shall provide and maintain on the premises, where directed, watertight storage sheds for storage of all materials, 'which might be damaged by weather, a;nd shall remove them from the site at the completion of the work. 9.0 - GENERAL PROTECTION The Contractor shall place a sufficiency of red lights on or near any work accessible to the public and keep them burning sunset to sun- rise; he shall erect suitable railings or barriers, and shall provide watchmen on the work by day or night, as required and deemed necessary for the safety of the work on public or adjoining property. The Municipality reserves the right to remedy any neglect on the part of the Contractor as regards the protection of the work which may come to its attention, after 24 -hours notice in writing; except that in cases of emergency, it shall have the right to remedy any neglect with- out notice, and in either case to deduct the cost of such remedy from money due the Contractor. 10.0 - PROTECTION OF EXISTING WORKS Under no conditions shall the operation of the existing treatment plant be impaired. The treatment plant shall remain in continuous opera- tion throughout the entire construction period. All costs, labor mate- rials and equipment required to meet this requirement shall be borne by the Contractor. The Town reserves the right to halt the Contractor's work, with no renumeration, therefore, when in the opinion of the. Town, the operation of the treatment plant is or may be impaired by the Con- tractor. In addition, should the Contractor impair, halt or otherwise stop the operation of the treatment plant, the Town shall immediately take all necessary measures to restore operation, and the costs thereof shall be charged to and paid for by the Contractor. Any by-pass necessary for completion of the work outlined under this Contract must be approved by and coordinated with the New York State Department of Environmental Conservation, Region I, Stony Brook, New York. GS - 3 of 6 e nH'NFHAL SPrC'IF1CATIOPS (COOT' 1). ) 11.0 - 11rC1,,.:;ARY DETAILS NOT 'S'PE.CIPICALLY r�i:r��Io1lr,D All work that may be called for in the specifications and not shot -in on the plans, or shovtn on the plans and not called for in the specifica- tions, shall be furnished ;lnd exeeut�.�cl by the Contra.ctor, as if dr-sl(:na- ted in both these ways, and shoulr: any vorl -or. material -be renuired which is not denoted in the plans and specifications, either directly or indi- rectly, but which is nevertheless, necessary for the proper carrying; out of the intent thereof, it is understood and agreed that the same is im- plied and required and that the Contractor shall perform such boric and furnish such materials as if they vc-re c;oripletcly delineated and de- scribed. 12:0 - CASH ALLCI'A110E The rlunicipality reserves the .r:if,ht to deduct any or all -cash allovd- ance hereafter mentioned and purchase such material referred to, deliver- ing same to the Contractor who shall install. sarie complete. The. Con- tractor, will be reimbursed when these allowances are excee-ded or 19111 be required to give a deduction when the purchases do not equal the allow- ances. Cash allowances referred to do not include installation unless -- specifically mentioned, but the Contractor shall he required to install same. 13.0 - PLAT1S AND SPFCIFICA�'I011:; This Contractor will be furnished six (F) setts of the plans and specifications of his contract and one (.1) set of plans for the other contracts. Additional sets will 1�e furnished at cost of reproduction. One complete set of plans and snecifi.cations shall be kept in a shelter- ed place on the site. 14.0 - CLEANING JP The Contractor shall remove all debris and rubbish from the site a.; fast as it, accumulates during; the course of construction. On corn- pletion of the contract, and at the time of final inspection by the Municipality, the premises shall be kbit in a. clear., pros entall" le con- dition, including; but not limited to the following- items: (,a) General broom cleaning. (b) Remove all rilortar drooninfrls from floors, walls. doors, windows, louvers, etc. (c) Remove putty stain:, from 1�1.,-I s , . '•.a:,h and polish plass inside and o,ut.:ide. (d) Clean all floor:, of spots, paint, stains, rnarlcs,etc. GS -4 of 6 GFMI RAI, PI:CIFIC1111'IUP) (CO11`"11. ) (e) Remove marl -s, stain,,, I'?.iill:ernrint: , dirt and soil from painted ant, other finished surfaces. 15.0 - VD-11IT TO UORK SIT!: PPTCIR TO 13IC) "II1;l+iISSI0r1 e A. The Contractor shall visit the site and: (1) Confirm the locations, dimensions, utilities present, soil conditions, crater levels. (2) Confirm all dimensions whether shown on the drapings or not that pertain directly to the proposed work. B. If the Contractor requests the Town prior to receipt of bids, he may, at his own expense, excavate and backfill for test; holes. C. Vo claims shall be made by the Contractor durinfr construction that he was unaware of certain dimensions, locations, soil or crater conditions, utilities and that additional work is, therefore-, required. 16.0 - SLEEVES AHD OPI;MPIGS The Contractor shall. be responsihl.e for providinf; openinr•:s and/or installinC, all sleeves furnished by other contractors into the construc- tion work and for installing all openi ni-s called for on the drawings. The Contractor shall close all openinf:s installed by him after materials have been inserted. 17.0 _ SCHE-DULr OF WORK Within ten (10) days after signing of the Contract, the Contractor shall submit, for approval to the Engineer a detailed construction schedul. of the bar graph typo. This schedule shall be corrected by the Contract.or as required by the Engineer in order to plan the progress of the work uncle the several Contracts. When approved, the schedule shall be strictly adhere(: to. The Contractor shall expedite equipment, provide additional labor, work overtime, as may be required to complete the work on schedule. The General Contractor shall be responsible for coordinating the schedulin( of all work to be performed under the remaining contracts. 18.0 _ t'r��rt.;� �'TGI;`?' S`.RUC` 1J'r i It is the intent of these pians and specifications to obtain water- tight str. uCturaes and the Contractor shall. prosecute the work in such a manner as to obtain this end. In the event: of leakat*e, the Contractor shall make a i 1 necessary repairs to t %ie* comnl.ete satisfaction of the Engineer.. GS - 5 of 6 j 9 _2 V2AA1� HOLZMACHER• McLENDON 6 MURRELL. P C CONWAIIaaIMWMIM.INvw*wA4WT4SCMNTitT1.Mft~4" GENERAL SPECIFICATIONS (CONT°D.) 19.0 - MAINTAIHII. Q r1,01•r OF a►ATER LI"ir o AMP PRA_ 11:, The Contractor shall, at his earn Cost and expense, provide for and maintain t!ie rlow of all sewers, drains, inlet connections .and all v ter•- cour•ses wh Ich may be met with dur•i.n;r the pr•orre: s of tho worl_. Ile shal 1 not allow the contents of any sewer, drain or inlet connection to flow into trenches, sewers or other structures to be c-onstructed under the contract, except where written permiss.1t n is iven by the Errr;ineer and shall, at his own expense, immediately remove and cart array from the vicinity of the work all offensive ratter, usinr'•. su,-h precautions in so doing_; as may be directed by the Fntrjricer. The Contractor shall, at his own cc.: --.-.t and expense, provide for and maintain the flour in all water mainn or laterals which may be. met with during the progress of the work. Ire c.ase of an accidental breaking of water line, the repairs of such brew! s:lall- have priority over all other operations. 20.0 - CLFAMIi10 ANIL) PR,01 i`,CTIOi•1 All materials and equipment shall he properly and effectively pro- tected, at least as f•ollolls : (1) Equipment shall remain in their crates and/or cartons and be covered with a waternroof tarpaulin until the Contractor is ready to install same and should tliereafter he protected adequately by similar means to prevent any damar;e duri.n f; construction. (2) All pipe openings shall lbe temporarily closed so as to prevent obstruction and dama.E-e . , Upon completion of installation, all equipment shall be uncovered, thoroughly cleaned, and be in perfe-et condition. 21.0 - PMORARY OFFICr In addition to the renuiremerts of the Genera7i Conditions of the specifications, the General Contractor shall provl.;le a senarate office for the Erg*ineer, of at least 120 square feet. -'he 0? fico shall in- clude a desk, chair and filinrr cat;inet. Suitable 'peat: (70°F' during* winter months) and 1 -4g,11 -it shall be provided. The Contractor shall also maintain on the site at all tirr:es a telephone avai la'.,le to the Engi- neer. All telephone bills shall be paid by the Contractor. The En�i- neerlt office and telephone shall remain at the site until all major work including fine grading has been comnleted. 22.0 - NOISE CONTROL Noise control measures including the use of adequate mufflers shall be utilized on machinery. GS - 6 of 6 HOLZMACHER, McLENDON & MURRELL, P.C. 1 H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS PROPOSAL - BIDDER'S DECLARATION . N TO THE TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF I NEW YORK: BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this Bid or Proposal as prin- cipal or principals is or are named herein and that no other person ® 9 than herein named has any interest in this Proposal or in the Contract proposed to be taken; that this Bid or Proposal is made without any connection with any other person or persons making a Bid or Proposal for the same purpose; the Bid or Proposal is in all respects without fraud or collusion, that he has examined the site of the work, the Form of Contract and Specifications, and the Drawings therein referred - I to, and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; that he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN BOARD of the TOWN OF SOUTHOLD in the . I Form of Contract accompanying this Bid, to perform all the work re- quired in accordance with the Plans and as mentioned in said Form.of Contract, Specifications, Notice to Bidders, Information to Bidders and General Conditions, and he will accept in full payment, therefore, the following sums to wit: MW tl2AHOLZMACHER, McLENDON & MURRELL, P C CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS -d PLANNERS PROPOSAL (CONT'D.) WASTEWATER DISPOSAL DISTRICT SCAVENGER WASTE TREATMENT FACILITY TOWN OF SOUTHOLD SOUTHOLD, NEW YORK BID DATE: BASE BID The undersigned further understands and agrees that he is to fur- nish all labor, material, equipment, supplies and other facilities necessary and required for the execution and completion of: FEDERAL PROJECT NO. C-36-1120-03 (STATE CONTRACT AND CONTRACT NO.) in strict accordance_ with the Contract Documents for the lump sum price of: WRITTEN IN WORDS) $ , which is the Base Bid. (WRITTEN IN FIGURES) 0 P -B - 1 Hsu HOLZMACHER, McLENDON & MURRELL, P C r� � ® CONSULTING ENGINEERS. ENVIRONNENTAL SGENTISTS-d PLANNERS PROPOSAL (CONT' D. ) WASTEWATER DISPOSAL DISTRICT SCAVENGER WASTE TREATMENT FACILITY BID DATE: TOWN OF SOUTHOLD SOUTHOLD, NEW YORK CONTINGENCIES The undersigned proposes to perform Contingency Item(s) as set forth in the drawing and specifications for the listed lump sum prices. The Engineer/Owner hereby reserves the right to accept or reject any combination of contingencies listed which constitute a part of this proposal. ADDITION CONTRACT NO. 1 - SITEWORK & LANDSCAPI14G No Contingencies CONTRACT NO. 2 - GENERAL CONSTRUCTION & MECHANICAL WORK Contingency Item GC -1 Spare Odor Control System CONTRACT NO. 3 - HEATING, VENTILATION & AIR CONDITIONING CONTRACT NO. 4 - PLUMBING CONTRACT NO. 5 - ELECTRICAL K No Contingencies No Contingencies No Contingencies PH2MHOLZMACHER, McLENDON & MURRELL, P C CONSULTING ENGINEERS. ENVIRONMENTAL SGENTISTS -d PLANNERS PROPOSAL (CONT`D.) WASTEWATER DISPOSAL DISTRICT SCAVENGER WASTE TREATMENT FACILITY BID DATE: UNIT PRICES TOWN OF SOUTHOLD SOUTHOLD, NEW YORK The Contract shall include unit prices as herein stated® Should the amount of work required by Contract Documents be increased or de- creased, the undersigned agrees the following unit prices shall be used as a basis for computing the cost to the Owner, or the .credit due the Owner, as the case may be, for such increases or decreases in the work. The listed unit prices shall also be used for deter- mining the value of quantities included in the specifications. Prices shall be on the basis for furnishing all labor, material, equipment and other related items necessary for completion of work (in place). The quoted figure shall include the Contractor's over- head and profit. The amount of unit prices for additions shall not vary by more than 15 per cent from the prices inserted by the bidder for deductions. The Owner/Engineer may adjust the deductions or additions inserted by the bidder so that it conforms to this requirement. The Owner/Engineer hereby reserves the right to order any addi- tion or deduction of materials on the basis of unit cost figures quoted. The Town of Southold and/or the Engineer hereby reserves the right to reject a bid if a contractor®s stated unit prices are evaluated as inflationary and unreasonable. ADDITIONS CONTRACT NO. 1 - SITEWORK & LANDSCAPING 1. No Items DEDUCTIONS M--J�M HOLZMACHER, McLENDON & MURRELL. P C 51 CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS Wd PLANNERS PROPOSAL (CONT°D.) WASTEWATER DISPOSAL DISTRICT TOWN OF SOUTHOLD - SCAVENGER WASTE TREATMENT FACILITY SOUTHOLD, NEW YORK . CONTRACT NO. 2 - GENERAL CON- STRUCTION & MECHANICAL WORK ADDITIONS DEDUCTIONS 1. Split Concrete Block Work $ sq.ft. $ sq.ft. 2. Concrete Block Work (filled $ sq.ft. $ sq.ft. with mortar) 3. Painting, Floor Slabs $ sq.ft® $ sq.ft. 4. Painting, Process Piping $ sq.ft. $ sq.ft. 5. Cement Lined Ductile Iron Pipe, 4 -inch (0-10 feet $ lin.ft. $ lin.ft. deep) ` 6. Cement Lined Ductile Iron Pipe, 6 -inch (0-10 feet $ lin.ft. $ lin.ft. - deep) 7. Cement Lined Ductile Iron - Pipe, 8 -inch (0-20 feet $ lin.ft. $ lin.ft. deep) 8. Cement Lined Ductile Iron Pipe, 12 -inch (0-10 feet $ lin.ft. $ lin.ft. deep) 9. Cement Lined Ductile Iron Pipe, 16 -inch (0-10 feet $ lin.ft. $ lin.ft. deep) - 10. Excavation, by hand $ cu.yd. $ cu.yd. 11. Backfilling, by hand $ cu.yd. $ cu.yd. 12. Excavation, by machine $ cu.yd. $ cu.yd. 13. Backfilling, by machine $ cu.yd® $ cu.yd. 14, Chain Link Fencing $ lin.ft. $ lin.ft, 15. 3,000 p.s.i. Concrete $ cu.yd. $ cu.yd. P 16. 4,000 p.s.i. Concrete $ cu.yd. $ cu.yd. HOLZMACHER. McLENDON & MURRELL. P C CONSULTING ENGINEERS ENVIRONMENTAL SCIENTISTS-0 PLANNERS PROPOSAL (CONT°D.) WASTEWATER DISPOSAL DISTRICT TOWN OF SOUTHOLD SCAVENGER WASTE TREATMENT FACILITY SOUTHOLD, NEW YORK ADDITIONS DEDUCTIONS CONTRACT NO. 3 - HEATING, VENTILATING & AIR CONDITIONING 1. No Items - CONTRACT NO. 4 - PLUMBING 1. No Items - - CONTRACT NO. 5 - ELECTRICAL 1. No Items - - LIQUIDATED DAMAGES FOR DELAY BEYOND THE COMPLETION DATE SHALL BE THREE HUNDRED FIFTY DOLLARS ($350.00) PER DAY FOR EACH AND EVERY CALEN- DAR DAY (SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED). ALL WORK SHALL BE COMPLETED WITHIN 455 CALENDAR DAYS (1-1/4 YEARS) (SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED) FROM THE DATE OF SIGNING OF THE CONTRACT. CONTRACTOR: ADDRESS: SIGNED BY: TITLE: DATE: P -B - 5 HOLZMACHER, McLENDON & MURRELL. P C CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS -d PLANNERS PROPOSAL - CONT'D. - BIDDER'S DISCLOSURE STATEMENT Enclose certified check or bid bond for five percent (50) of the total bid, as stipulated in the Foregoing Information for Bidders. The Bidder hereby agrees to enter into a contract within seven (7) days after due notice from the Town Board, Town of Southold that the contract has been awarded to him and is ready for signature, such notice -to be given in writing within forty-five (45) days of the date of opening of the bids, and on the signing of such contract by him to furnish the indemnifying bonds as provided in the Contract. And the Bidder hereby futher agrees that in the event of his failure or refusal to enter into a contract in accordance with this bid within seven (7) days after due notice from the said Town Board that the con- tract has been awarded to him and is ready for signature, as given in accordance with the Information for Bidder, and/or his failure to execute and deliver the bond for the full amount of the contract price as provided in said Information for Bidders, that the bidder's check which is herewith deposited with the Town Board shall, at the option of the said Board, become due and payable as ascertained and liquidated damages for such default, otherwise the said check shall be returned to the undersigned. The full name and residences of all persons and parties interested in the foregoing bid as principals are as follows: ��� NAME OF BIDDER: BUSINESS ADDRESS OF BIDDER: TELEPHONE NUMBER: (DAY) ADDRESS (NIGHT) DATED AT: THE DAY OF P -C K_J HOLZMACHER, McLENDON & MURRELL, P C 9 I fnu 1 TING ENOINEEM, ENVIF*NYENTAL SGENTISTS ad PLANNERS PROPOSAL — CONT®De — NON—COLLUSIVE BIDDING CERTIFICATE NON—COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: le The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 2m Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any com- petitor; and 3e No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. Dated: Southold, New York If this signed by the therefore: M EW bidder cannot make for-egoi_ng certification, a statement bidder is attached setting forth in detail the reasons . 9 �-! HOLZMACHER. McLENDON & MURRELL. P C . I fnw — TING FNOINEERB. ENVIF40NMENYAL SGENTISTS r d PLANNERS I METHOD OF PAYMENT TOWN OF SOUTHOLD WASTEWATER DISPOSAL DISTRICT SCAVENGER WASTE TREATMENT FACILITY FEDERAL PROJECT NO. C-36-1120-03 CONTRACT NO. 1 - SITEWORK & LANDSCAPING This Contract is a Lump Sum Contract. All items of work, labor and materials required by the Contract Drawings, Information for Bidders, General Conditions, Specifications or otherwise required for the proper completion of the Contract are to be included in the Total Bid. mnp - 1 of S Hsu HOLZMACHER, McLENDON & MURRELL, P C 2ACONSULTING ENGINEERS. ENVIRCINYENTALSGENTISTS-d PLANNERS METHOD OF PAYMENT (CONT'D.) TOWN OF SOUTHOLD WASTEWATER DISPOSAL DISTRICT SCAVENGER WASTE TREATMENT FACILITY FEDERAL PROJECT NO. C-36-1120-03 CONTRACT NO. 2 - GENERAL CONSTRUCTION AND MECHANICAL WORK This Contract is a lump sum contract requiring the complete con- struction of a waste water treatment plant as called for in the specifications and shown on the contract drawings. The Base Bid shall include all work., equipment, labor and material insurances required by the plans, specifications, Technical Specifica- tions - General & Detailed, General Conditions, Contract and Addendums, or otherwise required for the proper completion of the Contract.. The Contractor shall receive the Base Bid for the completion of ALL work in accordance with the plans and specifications and as approved by the Engineer. Under Contingency Item GC -1 the Contractor shall receive the lump sum bid for supplying a spare odor control system, as specified under the section entitled "Spare Odor Control Unit." MOP - 2 of 5 H�1� HOLZMACHER, McLENDON & MURRELL, P C LA MNSULTINO ENOINEEM. ENVIWNYENTAL SGENTISTSr a PLANNERS METHOD OF PAYMENT (CONT'D.) TOWN OF SOUTHOLD WASTEWATER DISPOSAL DISTRICT SCAVENGER WASTE TREATMENT FACILITY FEDERAL PROJECT NO. C-36-1120-03 CONTRACT NO. 3 - HEATING, VENTILATION & AIR CONDITIONING This Contract is a Lump Sum Contract. All Items of work, labor and materials required by the Contract Drawigns, Information for Bidders, General Conditions, Specifications or otherwise -required for the proper completion of the Contract are to be included in the Total Bid. MOP - 3 of 5 METHOD OF PAYMENT �!l)� HOLZMACHER, McLENDON & MURRELL. P C. ■ IL/�\ CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS -d PLANNERS TOWN OF SOUTHOLD WASTEWATER DISPOSAL DISTRICT SCAVENGER WASTE TREATMENT FACILITY FEDERAL PROJECT NO. C-36-1120-03 CONTRACT NO. 4 - PLUMBING This Contract is a Lump Sum Contract. All items of work, labor and materials required by the Contract Drawings, Information for Bidders, General Conditions, Specifications or otherwise•r-equired for the proper completion of the Contract are to be included in the Total Bid. MOP - 4 of 5 d HOLZMACHER, McLENDON & MURRELL, P C U2144 CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS rb PLANNERS METHOD OF PAYMENT (CONT'D.) TOWN OF SOUTHOLD WASTEWATER DISPOSAL DISTRICT SCAVENGER WASTE TREATMENT FACILITY FEDERAL PROJECT NO. C-36-1120-03 CONTRACT NO. 5 - ELECTRICAL This Contract is a Lump Sum Contract. All Items of Work, labor and materials required by the Contract Drawings, Information for Bidders, General Conditions, Specifications or otherwise required for the proper completion of the Contract are to be included in the Total Bid. MOP - 5 of 5 ,1l/ILM^k-(1L1A, Ml.11f`IL^AV M MVnn L/i, r• - I ll.— --r. CONSULTINO 04GINELAS AND L114VIRONMENTAL &CIQ/TIST3 CONTRACT CONTRACT IN QUADRUPLICATE FOR AT TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, dated 19 , BY AND BETWEEN THE 'TOWN BOARD OF THE TOWN OF SOUTHOLD. SUFFOLK COUNTY, NEW YORK, (herein called the "Town," and (herein called the "Contractor"). WITNESSETH, that the Town and the Contractor, in consideration of the premises and of the mutual covenants, considerations and agreements herein contained, agree as follows: This Contract is hereby awarded to the Contractor for the work and material called for under his bid in the Proposal section of the Contract and designated as Items: and if required by the Consulting Engineer, Items: for the sum of: Dollars for the unit and/or lump -sum price(s) as listed in the Proposal herein. C -I HOLIMACHER, MCLENDON & MURRELL. P C / Fi'M COKP. CON9ULTIN0 ENGINEER& AND ENVIRONMENTAL ®CILNTIST9 CONTRACT - CONT" lD 1. �CONTRACT DOC-UMENTS ANtl--DI.F`IN-ITIONS The Notice to Bidders, Information for Bidders, Proposal, General Conditions, Contract, Specifications and Plains, together with any Addenda, shall form part of this Contract, and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, head- lines and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light upon the interpretation of the provisions to which they refer. Whenever the term "Contract Docu- ments" is used, it shall mean and include this Contract, the Plans, Specifications, any Addenda, and the Notice to Bidders, Information for Bidders, General Conditions and Proposal. In case of any con- flict or inconsistency between the provisions of Lhe Contract and those of the Specifications, the provisions of the Contract shall govern. WORK: The term "Work", as used herein, refers to all of the work proposed to be accomplished at the site of the project and all such other work as is in any manner required to accomplish the completed project, and includes all plant, labor, materials, supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract. The term "work performed" shall be construed to include material delivered to and suitably stored at the site of the project. EXTRA WORK: The term= ""Extra Work", as used herein,. refers to and includes all work required by the Town which, in the judgment of the Engineer, involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present forme SUBCONTRACTOR: The term "Subcontractor", as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project, but not including the parties to this Contract. ENGINEER: In the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACHER, McLENDON & MURRELL, P.C., (herein called the "Engineer"). C-2 NOL.ZMACNER, MCL£NDON & MURRELL, f C / N2M CORP. C,0443ULTING CHOINUR® ANO [NVINONMCNTAL OCIENT15T7 CONTRACT - CONT' 1) NOTICE - The term "Notice",, as used herein,, shall mean and include written notice'. Written notice shall be deemed to have been duly served when delivered to, or at the last known business address of, the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such pers®n, firm or corporation at his, their, or its last known business address and deposited in a United States Mail Box. DIRECTED„ REQUIRED. APPROVED, ACCEPTABLE - Whenever they refer to the work, or its performance, ""directed",. "required", "permitted", "ordered", "designated", "prescribed", and words of like import shall imply the direction, requirement, permission, order, designa- tion or prescription of the Engineer, and "approved", "satisfied", or "'satisfactory", "in the judgment of", and words of like import, shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. I 2. SCOPE OF THE WORK The Contractor will furnish all plant, labor, material, supplies, equipment and other facilities and things necessary or proper for or incidental to, the work contemplated by this Contract -as required by, a.nd in strict accordance with, the applicable Plans, Specifications and Addenda prepared by the Engineer and/or required by and in strict accordance with, such changes as are ordered and approved pursuant to this Contract, and will perform all other obligations imposed on him by the Contract. I 3® COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices: It is understood and agreed that the Con- tractor will accept as payment in full the summation of products, of the actual quantities in place upon the completion of the work, as determined by the Engineer's measurements by the unit prices bid, no allowance being made for anticipated profit or for reason of variations from the estimated quantities set forth in the Proposal. (b) Extra Work and/or Changes® The Town may, at any time, by a written order, and without notice to the sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor f°or any extra work, as so ordered, shall he determined as follows' C-3 0 HOLIMACHER. McLENDON & MURRELL. P.C. / H2M CORP. COMULYINO CHOINEC" Atdo EPoVIRONMENTAL OCICHTISTS CONTRACT - CON'[' -D. (1) By such applicable await: prices, if any, as set forth in the contract, or (2) If no such unit prices are set forth, then by unit prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are set forth, and if the parties cannot agree upon unit prices or a lump scam, then by actual net cost in money to the Contractor of the materials, permits, wages, or applied labor, premiums for Workmen's Compensation Insurance, payroll taxes required by law, rental for plant and equipam nt used (excluding small tools) to which total cast will be added twenty percent (20%) as full compensation for all other items of profit, costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen®s Compen- sation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 4® TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for performance and completion of the work are for the purpose of enabling the Town to proceed with the construction of a public improvement, in accordance with a predetermined program, such pro- visions are of the essence of this Contract. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten (10) consecutive calendar days after signing this Contract, and that the day fie commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. C-4 HOLZMACHER, McLENDON & MURR" II.C. J H2M CORP. CONSULTING ENOINMI AND ENVIRONMENTAL 9CIENTIIT3 CONTRACT - CONT'D. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such completion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, impro- per weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground con- ditions permit. The days during -which such suspension of work is in force are not chargeable against the specified completion time. 7. LIQUIDATED DAMAGES.FOR DELAY The time limit being essential to and of the essence of this Contract, the Contractor hereby agrees that the Town shall.be, and is hereby authorized to deduct and retain out of the money which may be due or may become due to said Contractor under this agreement, the sum of two hundred and fifty dollars ($250.00) per day is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages, including overhead charges, services,. inspector's wages, and interest on the money invested, that the Town will suffer by reason of such default, for each and every day during which the aforesaid work may be incomplete over and, beyond the time herein stipulated for its completion, provided, however, that the Town shall have the right to extend the time for the completion of said work. 8. EXTENSIONS OF TIME - NO WAIVER If the Contractor shall be delayed in the completicgn of his 4- work by reason of unforeseeable causes beyond his control and with - 2 out his fault, or negligence, including but not restricted to Acts of God or of any public enemy, ,acts or neglect of the Town) acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion or freight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by the Town. No such extension of time shall be considered a waiver by the Town of its right to terminate the Contract for abandonnisnt or delay by the Contractor as hereinafter provided or relieve the Contractor from full responsibility for performance Of his obliga- tions hereunder. C-5 RT HOLZMACHER, McLENDON & MURRELL. F.C. / 142M CORP. CONSULTING ENGINC.EA■ AND E.NVIRONMCNTAL 6CILNTIST7 CONTRACT - CUNT" 1) . 9. CONTRACT SECURITY (a) The Contractor shall furnish a Performance Band in an amount equal to one hundred percent (100) of the total contract price as security for the faithful performance of this contract, and for the payment of all persons performing labor or furnishing mater- ials in connection with this Contract. (b) Additional or Substitute Bond: If, at any time, the Town shall be or become dissatisfied with any surety or sureties, then upon the Performance Bond, or if, for any other reason, such bond shall cease to be adequate security to the Town, the Contractor shall, within five (5) days after notice from the Town, substitute an acceptable bond in such form and sum, and signed by such other surety as may be satisfactory to the Town. The premiums on such bonds shall be paid by the Contractor. No further.payments shall be deemed due, nor shall be made until the new surety shall have been qualified.. (c) Prior to release of the Performance -Bond, the Contractor shall deliver*to the Town a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1) year after the date of the final ce-rtif*icate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance -of the work performed by the Contractor pursuant to this Contract. 10. CONTRACTOR'S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the Town all of the insurance required under this Contract, as enumerated herein: Compensation Insurance Public Liability and Property Damage Insurance Contractor's Protective Liability and Property Damage Insurance Owner's (Town of Southold) and Engineer's Pro- tective Public Liability and Property Damage •Insurance Automobile Public Liability and Property Damage Insurance lGn•, HOLZMIACHER, MCLENDON & MURRELL, P.C. / H2M CORP. CONSULTING ENGINELRY AND CNVIRONHCNTAL SCIENTISTS CONTRACT' - CONT" U. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof"of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this Contract, Workmen's Compensation Insurance for all of his employees employed at the site of the pro- ject, and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Com- pensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the Contractor. (b) Public Liability and Property Damage Insurance: The Con= tractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and any subcontractor performing work covered by this Contract for claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Contract, whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either- of them, and the amounts of such insurance shall be as follows: Public Liability Insurance in the amount not less than Five Hundred Thousand Dollars ($500,000.) for bodily i-njuries,-;-including wrongful death to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000.) on account -of one accident. Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500,000.) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1,000,000.) for damages on account of all accidents. (c) Liability and Property Damage Insurance; The above policies for public liability and property damage insurance must be so written as to include Contractor's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. C-7 HOLZMACHER, McLENDON & MURRELL, PC. / H2M CORP. CONSULTING ENGINEER5 AMC) [NVIRONMENTAL ®CIEPITISTS CONTRACT - CONT' D. (d) Owner's and/or Engineers Protective Public Liability and Property Damage Insurance: (`town and/or Town Board, Town of Southold and/or IIolzmachcr, McLendon & Murrell, P.C.) The Con- tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell., P.C., providing for a limit of not less than $500,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit of $1,000,000. for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident; and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1,000,000. for all damages arising out of injury to, or des- truction of property during the policy periods The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or Holzmacher, McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if the Town and/or Engineer performs work in connection with the project either for, or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises the work to be performed by the Contractor. (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take=out and maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract from claims for damages for personal injury, including accidental death as well as from claims for property damage which may arise from operations under this Con- tract, whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and, the amounts of such insurance shall be as follows: C-8 HOLZMACHER, MGLENDON & MURRELL. F.C. / N2M CORP. CONSULTING CNOINEER® AND ENVIRONMLNTAL BCIENTIST9 CONTRACT - CONN" l). Automobile Public Liability Insurance in an amount not less than Five Hundred Thousand Dollars ($500,000.) for bodily injuries, including wrongful death by any one person, and subject to the same limit for each person in all amoun-t not less than One Million Dollars ($1,000,000.) on account of one accident-. Automobile Property Damage Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000.) for damages : on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($200,000.) for damages on account of all accidents. 11. PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract, except with respect to subdivision (d) of Paragraph 1.0. In respect to this paragraph, the Contractor shall ® furnish the Town with the original insurance policy and a copy to the Engineer., Both certificates, as furnished, aW the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and -the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. C-9 HOUMACHER, McLENDON & MURREU, P.C. / H2M CORP. CONSULTING ENGINELAS AND [NVIRONMCNTAL OCIENTISTS CONTRACT - CONT' D. 12. COMPLIANCE WITH LABOR AND PENAL LAWS The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to this Contract. The Labor Laws, as amended, provide that no laborer, workman or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work con- templated by this Contract, shall be permitted or required to work more than eight (8) hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life or property; that no such person shall be employed more than eight (8) hours in any day or more than five (5) days in any week, except in such emergency; that the wages to be paid for a legal day's work as hereinbefore defined, to laborers, workmen., or mechanics upon the work called for under this Con- tract, or for any materials used upon or in connection therewith, shall not be less than the prevailing rate for a day's work in the same trade'or occupation in the locality within the State where such work is to be done and each laborer, workman or mechanic employed by the Contractor, subcontractor, or other person about or upon the work shall be paid the wages herein provided; that employees engaged in the construction outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor La -w which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws Of 1933, provides that preference in employ- ment shall be given to citizens of the State of New York who have been residents of Suffolk County for a,t least six (6) consecutive months immediately prior to the commencement of their employment. Each person so employed shall furnish satis- factory proof of residence, in accordance with rules adopted by the Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when such citizens are not available. Section 222 further provides that upon the demand of the State Industrial Commissioner, the Con- tractor shall furnish a list of names and addresses of all his subcontractors and further provides that a violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than thirty (30) days nor more than ninety (90) days, or both fine and imprisonment® C-10 "OUMACHER. McLENDON & MURRELL_ r G / H2m GOH". CON3ULnN0 0401NURA AND ENVIRONMENTAL SOLNTISTO CONTRACT - CONT - D. Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State or any City, County, Town or Village or other civil division of the State, of any sums due on account of a contract for a public improvement, it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the Contractor and each and every sub- contractor to file a certified statement in writing, in satis- factory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contract, setting forth therein the names of the persons whose wages are unpaid and the amount due each, respectively. Section 220-B of the Labor Law, as so amended,. provides that any interested person who shall have previously filed a protest in writing objecting to the payment to any Contractor or subcontractor to the extent of the amount or amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Contract was entered into, or if, for any other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any paymen.t on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to.be due and owing by him on account of labor per- formed and may withhold the amount so deducted for -the benefit of the laborers for daily or weekly wages, whose 'wa-ges are unpaid as shown by the verified statements ents filed by -any Con- tractor or subcontractor and may pay directly to any person the amount or amounts solshown to.be due for such wages. , Section 220-C of the Labor Law, as so amended, provides the penalty for making of a false oath or verification® Section 220-D of the Labor Law provides that the advertised specifications for every Contract for the construction, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be paid, as -shall be designated by the Industrial Commissioner, 6 to the laborers employed in the performance of the Contract, 2 either by the Contractor, subcontractor or other person.doing or contracting to do the whole or part of the work contemplated by the I Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporathn that willfully pays C-11 HOIIMACHER. McIENDON 6 MURREL.L. P.C. / 142M CORP. COMULTINO ENOINMG AND ENVIRONMENTAL BCIENTIM CONTRAM' - CONT' D. after entering into such contract less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and, upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or by both fine and imprisonment for a second offense.by a fine of One Thousand Dollars ($1,000.00) and, in addition thereto, the Contract on which the violation has occurred shall be forfeited; and no such person or corporation shall be entitled to receive any sum or nor shall any officer, agent or employee of the State .pay the same or authorize its payment from ti -e funds under his charge or control to any person or corporation for work done upon any contract, on which the Contractor has been convicted of second offense in violation of the provisions of this Section. The minimum wage rates established by the Industrial Com- missioner, State of New York, for this Contract, are as set forth in the Information for Bidders. Section 1918 of the Penal Law, as amended, provides that no .person shall discharge explosives in the ground, nor shall any person other than a state or county employee regularly engaged in the maintenance and repair thereof excavate in any then existing street, highway, or public place, unless notice thereof in writing shall have been given at least seventy-two hours in advance to the person, corporation or municipality engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice and further, he shall ascertain whether there is within one hundred feet of such street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred feet of such discharge, any pipe of any person, corporation or municipality conveying combustible gas, and if any emergency involving danger to life, health or property, it shall be lawful to excavate without using explosives if the notices prescribed herein are given as soon as reasonably possible, and to disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation of the provisions of this Section shall be a misdemeanor. C-12 HOIZMACHER, MUENDON S MURRELL. r C. / tam CORP. CONSULTING U/OINE"11 AND ENVIRONMENTAL OC1LNTIBYB CONTRACT - CONT' D. 13. QUALIFICATIONS FOIL EMPLOYMENT No person under the age of sixteen (16) years, and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract. No person whose age or physical condition is such as the to make his employment dangerous to his health or safety, or health and safety of others, shall be employed to perform any work on this project; provided,. however, that such restriction shall not operate against the employment of physically handi- capped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 14. NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract, whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against or intimidate any employee hired for the perform- ance of work under this Contract on account of race, creed or color. There may be deducted from the amount payable,to the Con- tractor by the Town under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this paragraph;e-provided that for a second or any subsequent violation of the terms of this paragraph, this Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 15. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project tinder this Contract in full (less deductions made mandatory by law) in cash and not less often than once each week. C_13 t-1(71 HOLIMACHER, McLENDON & MURRELL, P C � 214A COtiVAIWOIMWMIM. g"Vw40M #MTµ MIINThPIl ad "--4M CONTRACT - CONT°D. 16. ESTIMATES AND PAYMENTS (a) Monthly: At the end of each calendar month during the progress of the work, the Engineer shall make up an approximate estimate of the work done and the materials furnished, based upon the prices set forth in the Proposal. In consideration of the work done and the materials furnished, the Town will pay or cause to be paid to the Contractor the amount estimated by the Engineer as due him less a sum equal to five percent (5%) of such amount and less such additional amount as may be necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the Engineer or the Town of any work so estimated and paid for. The amount of the monthly estimate remaining unpaid will be retained by the Town as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages incurred by the Town by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. All partial payments are subject to correction in any subse- quent payment. The retained amounts shall be paid as set forth in 16b. The Contractor shall receive payment within ten (10) days after. the Town receives payment from the New York State Department of Transportation. (b) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contract, the Engineer will prepare a final certificate of the remaining amount of the Contract balance less a sum equal to two (2) times the value of any remaining.items to be completed and less an amount necessary to satisfy any claims, liens or judgments against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt -of a requisition for these items less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. Any claims, liens and judgments referred to in this section shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department -of Transpor- tation. (c) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. C-14 HOLZMACHER, MCLFNDON & MURRELL, P.C. / H2M CORP. CON]ULTINO ENGINEER& AND CNvIROHMCNTAL SCIENTISTS CONTRACT - CONT' D. (d) Measurements for Payment: The Engineer shall make due measurement of the work done during the progress of the work and his estimate shall ,be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of, this agreement, and shall. be taken as the full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re -measure or re -estimate any portion of the work; but the expense of such re -measurement or re -estimating shalt, unless material error be proved, be paid for by the Contractor. 17. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the -final. payment shall be, and shall operate as a release to the Town from all claims and all liabilities to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Town and other relating to, or arising out of, this work, excepting the Contractor's claims for interest upon the final payment, if this payments be improperly delayed. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance Bond. 18. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the -manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. Such schedules are not intended to bind the Contractor to a pre- determined plan or procedure, but rather to enable the Engineer to coordinate the work of the Contractor with work required of and to be performed by others. The Contractor shall furnish the Engineer with periodic esti- mates for -partial payments as required elsewhere in the Contract documents and, in addition thereto, will furnish the Engineer with a detailed estimate for final payment. Prior to being eligible to receive final payment under this Contract, the Contractor shall furnish the Engineer with substantial proof that all bills for services rendered and materials supplied have been paid. The enumeration of the above reports in no way relieves the Contractor of his responsibility under existing Federal or State laws of filing such other reports with agencies other than the Town as may be required by such existing laws or regulations. C-15 HOLIMACHCR, McUN00N & MUFARCLI, P C / IUM CA) -RP. C(N 3ULTING E1/01NELAS ANO ENVIRONMENTAL BCILPlT19T8 CONTRACT - CONT' I). 19. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the Town at any time during the construction and at any and all places where manufacturing of materials used and/or construct - tion is carried on. , Without additional charge, the Contractor shall furnish promptly all reasonable facilities, labor and materials neces- sary to make tests so required safe and convenient. I:f, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation of any portion of the work already completed., by removing or tearing out the same, the Contractor shall, upon request, furnish promptly all necessary facilities,�labor and materials for such examination. If such work is found to be defective in any material respect, due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the expenses of or such examination and of satisfactory reconstruction. If, however, such approval and consent shall have been given, and such work is found to meet the requirements of this Contract, the Contractor shall be recompensed for the expense of such examin- ation and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of. laboratories and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work skull be removed from the site of the project completely at the expense of the Contractor. C-16 HOLZMACHER, MGLENDON 6 MURRELL. P.C. / 142M CORP. CON3ULTINO ENOINEEAG AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' I). 20. PLANS AND SPECIFICATIONS - INTERPRETATIONS The Contractor shall keep at the site of the work one copy of the Plans and Specifications signed and identified by the Engineer. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Plans shall have the same effect.as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications, the Plans shall govern. Any discrepancy between the figures and specifications shall be submitted to the Engineer, whose decision therein shall be conclusive. 21. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated in the Specifications, he shall immediately give notice to the Engineer of such conditions before they are disturbed; the Engineer shall thereupon promptly investigate the conditions and if he finds that they materially differ from those shown -on the Plans or.indicated on the Specifications, -he shall at -once make such changes in the Plans and/or Specifications as he may find necessary. Any increase or decrease of cost resulting from such changes will be adjusted in the manner provided herein for adjustment as to extra and/or additional work and changes. 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the seller. The Con -tractor warrants that he has good title to all materials and supplies used by him in the work. 23. SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con= struction Superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such represen- tative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. -, C-17 HOLZMACHER, MCLENOON & MURRELL. P C. / 142M CORP. CON]ULTINO ENOINELHI ANO (_NVINONM(NTAL oCIENTIST9 CONTRACT - CONT` I). 24. PROTECTION OF WORK. PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons, property and work. The safety pro- visions of applicable laws, building and construction codes shall be observed. Machinery equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction, pu4lished by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the Town or its Engineer to adequately safeguard the traveling public. The Contractor shall give ,notice to the owners of all utilities which may serve the area and request their assistance in pre- determining the location and depth of the various pipes, conducts, manholes and other underground facilities. The Contractor shall, at all hours of the day, safely guard and protect his own work and adjacent property from any damage and shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the Contract documents, or by the Town or its duly authorized representatives. The Contractor shall provide and maintain such watchmen, barriers, lights, flares and other signals, at his -own expense, as will effectively prevent any accident in consequence of his work for which the Town might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees: 25. PATENT RIGHTS As part of his obligation hereunrder willnpaylftoruanyny ad patent ditional compensation, the Contactor fees or royalties required in respect to the work or any part thereof and will fully indemnify the Town for any loss on account of any infringement of any patent rights, unless prior to his use in the work of a particular process or a product of a particular manufacturer, he notifies the Town in writing that such process or product is an infringement of a patent. C-18 HOiZMACHER. McLENDON & MURRELL, r C. / H2M CORP. CONSULTING ®d®INUR® AND CNVIRONMCNTAL ®CILWINT7 CON,r11AC'1' - CONT' I). 26. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: (a) That he is financially solvent and that he is experienced in and competent to perfrom the type of work involved under this Contract and able to furnish the plant materials, supplies and/or equipment to be furnished for the work, and (b) that lie is familiar with all Federal, State and Municipal Laws, ordinances and regulations which may in any way affect the work of those employed hereunder, including but not limited to any special acts relating to the work; and (c) that such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which it is intended and that such construc- tion will not injure any person or damage any property; and (d) that he has carefully examined the Plans, Specifications, and the site of the work, and that from his own investigation lie has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials, structures and utilities likely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 27. AUTHORITY OF THE ENG -INFER In the performance fandrequirements work, Contractor abide byall orders and directions oftheEngineerandshall perform all work to the satisfaction of the Engineer, at such time and places, by such methods, and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability and fitness of all parts of the work, shall interpret the plans, specifications, contract documents and any extra work orders and shall decide all cther questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders, directions, requirements or determinations. The enumeratio, herein or elsewhere in the contract documents of particular instances in which the opinion, judgment, discretion or determination of the Engineer shall control, or in which work shall be performed to his satisfaction or subject to his approval, or inspection, shall not imply that only matters similar to those enumerated shall be so governed and so performed, but without exception all the work shall be governed and so performed. C_ 19 flAHOLZMACHEH, McLENDON h MUHNELL P (, CONTRACT - CONT'D 1 28. SURVEYS The Engineer will furnish the Contractor with the benchmarks necessary to complete the work. All further layout of lines and grades will be the responsibility of the Contractor. . I 29. CHANGES AND ALTERATIONS The Town reserves the right to make alterations i, the location, line, grade, plans, form or dimensions of the workr or any part thereof, either before or after the commencement of the construction. If such alterations diminish the amount of work to be done, no claim for damages or anticipated profits will be' warranted on the work which may be dispensed with. If such alterations increase the amount of work, such increases shall, be paid for according to the quantity of work actually done and at the prices for such work as contained in the schedule of prices, 30. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of manufacture and. all methods of con- struction shall be, at all times and places, subject to the in- spection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall im- mediately be removed from the site. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as, in the judgment of the Engineer, shall be equitable. The Contractor expressly warrants that his work shall be g free from any defects in materials or workmanship, and agrees 2 to correct any defects, settlements, or shrinkages which may appear within one year following the date of the final certi- ficate. Neither the acceptance of the completed work nor SOHT C-20 81-01 NOLZMACHER. McLENDON & MURRILL. 1* C. / H2M CORP.. CON9ULTINO CMaINELAG AND ENVIRONMQITAL BCICNTISTI CONTRACT - CONT' I). payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 31. WEATHER CONDITIONS In the event of temporary suspension of the work, or during • inclement weather, or whenever the Engineer shall direct, the Contractor will and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If, in the opinion of the Engineer, any work or materials shall have been damaged or injured by reason of the failure on the part of the Contractor or any of his subcontractors to protect his, or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 32. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS The Town may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the Town, be necessary: (a) To.assure the payment of just claims then due and unpaid of any personssupplying labor or materials for the work; (b) To protect the Town from loss due to defec- tive work not remedied, or (c) To protect the Town from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others, caused by tie act or neglect of the Contractor or any of his subcontractors. The Town sliall have the right, as agent for the Contractor, to apply any such amounts so withheld in -such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. C-21 HOLZMACHER, MCLENDON 6 MURRELL, F.C. / H2M CORP. CON9ULTINO ENOINEIAS AND ENVIRONMENTAL SCILNTISTI CONTRACT - CONT' D. 33. Till: TOWN'S R T GHT TO STOP WORK OR TERMINATE' CONTRACT: IF, (a) The Contractor shall. be adjudged bankrupt or make an assignment for the benefit of creditors, or (b) A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment, or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days, or (c) The Contractor shall refuse or fail, after notice or wa-rning from the Engineer, to supply enough properly skilled workmen or proper materials, or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said period, or (e) The Contractor shall .fail to make prompt payment to persons supplying labor or materials for the work, or (f) The Contractor shall fail or refuse to regard laws, ordinances, or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provision of this Contract, then, and in any such event, the Town, without prejudice to any other rights or remedy it may have, may by seven (7) days notice to -the Contractor, terminate the employ- ment of the Contractor and -his rights to proceed either as to the entire work or (at the option of the Town) as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by contract or otherwise, as the Town may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work (including compensation for additional managerial, administrative and inspection services and any damages for delay), such excess shall be paid to the Contractor. C-22 If�La w.n�./f Lf\. Ml_Li,ry IJV(�1 (k MUItfALL&, r \. / II(M LAMlf . CON7ULTINO 0401NCCAG ANO CNVINOHMCNTAL NCIENTIS" _ CONTRACT - CUNT" 1). If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable to the Town fox, such excess: If the right of the Contractor to proceed with the work is so terminated, tl'e Town may take possession of and utilize in, completing the work such materials, appliances, supplies, plant and equipment as may be on the site of the work and necessary thereof. If the Town does riot so terminate the right of the Contractor to proceed, the Contractor shall continue the work. 34. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or any other public authority, for a period of three months without act- or fault of the Contractor or of any of his agents, servants, em- ployees or subcontractors, the Contractor. may, upon ten (10) days notice to the Town, discontinue his performance of the work and/or terminate the Contract, in which event the liability of the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 35. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- covered at any time before.the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town and that such removal and replacement will be performed immediately on the requirement of the Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made thereon. It is fully understood by the Contractor that the inspection of the work shall not relieve him of any obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove of any work,by the Engineer at or before the time of a partial payment -or other estimate shall not be construed to be an acceptance of any defective work. C-23 NOLZMACHER, MCLENDON 6 MURRELL, r.0 J fl2M.;COAi?6 CON]ULnNO ENOINELAx ANO ENVIRONM(NTAL BCICNriz*i': ~` CONTRACT - CONT" 1). 36. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) to take every precaution against injury to persons or damages to property; (b) to store his apparatus, materials, supplies and equip- ment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any of his subcontractors; or other contractors; (c) to place upon any of the completed work only such super- imposed loads as are consistent with the safety of that portion of the work; '(d) to frequently clean up all refuse, rubbish, scrap materials and debris caused by the operations to the end that at all times the site of the work shall present a neat and orderly and workmanlike appearance; (e) before final certificate, to remove all surplus material, temporary structures, plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition. 37. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency which threatens loss or injury to property and/or safety to life,the Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. Ile shall notify the Engineer thereof immediately there- after and any compensation claimed by the Contractor due to extra Work made necessary because of his acts in such emergency shall be submitted to the Engineer for approval. Where the Contractor has not taken action but has notified the Engineer of an emergency indicating injury to persons or damage to adjoining property or to the work being accomplished under this Contract, then upon authorization from the Engineer to prevent such threatened injury or damage, he shall act as in- structed by the Engineer. The amount of reimbursement claimed by the Contractor on account of any such action shall be determined in the manner provided herein for the payment of extra work. r,txLMnl Ptt N, MCLLr4LX_" & we L)W4Lll, r L. / tuw LA, -r. C.ON9ULTINO CHOINLLAd AND CNVIRONMENTAL BCILNTI/T7 CONTRA("I' - CONT" i). 38. SUITS AT LAW The Contractor shall indemnify and save harmless the Town from and against all suits. claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof, or any commission or omission of the Contractor, his employees or agents or any subcontractors and in case any such action shall be brought against the Town, the Contractor shall immediately take care of and defend the same at his own cost and expense. 39. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and, if through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon the application of either party, the Contract shall forthwith be physically amended to make such insertion. 40. SUBLETTING, SUCCESSOR AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract, nor assign any money due him hereunder without first obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 41. WAIVER OF IMMUNITY If any person, corporation, or body contracting with the Town, who when called before a grand jury, head of a city department, or other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any polit- ical subdivision thereof, a public authority or with any public department, agency or official of the state or of any political sub- division thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, then U_za CON3UlTINO LNOINE"S ANO "VIMONMENTAI'NCICNTIH-i9 CONTRACT - CONT' 1). (a) such person, and any firm, partnership or corporation of which lie is a member, partner, director or officer shall be disqual- ified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corp- oration or fire district, or any public department, agency or official thereof, for goods, work or services, for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof, by such person, and by any firm, partnership, or corporation of which lie is a member, partner, director or officer may be cancelled or terminated by the Town without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. C-26 11Vl.L.MA(,I�LH, MC.LLNLXJN a MUetNCLL, r L. l pie m L.Vnr CONSULTING CTNOINCCHA AND CNVINONM(NfAL OCILNTIPT9 CONTRACT - CONT' 1) . IN WI'T'NESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD BY: (TOWN SEAL) William R. Pell III, Supervisor (SEAL) Contractor BY: TITLE: STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) On the day of_ , lg__, before me personally came William R. Pell III, to me known, who being by me duly sworn, did depose and say that he is the duly elected Supervisor of the Town of Southold, County of Suffolk, New York, and that at a meeting of the Town Board of the Town of Southold, duly held on the day of , 1g_, the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal; that it was affixed thereto by order of the said Board, and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority. NOTARY PUBLIC C- 27 CON9ULTINU CHUINEL48 ANO LNVINONMLNTAL OCILWIST7 CONT11ACI' - CONT" D. ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK) ) SS: COUNTY OF ) On this` day of 19 before me personally came and appeared to me known, who by me being duly sworn, did depose and say that he resides at that lie is the of + the Corporation described in and which'executed the foregoing in- strument, that lie knows the seal of said corporation, that one of the seals affixed to said instrument is such seal, that it was so affixed by order of the Directors of said corporation, and that he signed his name thereto by like order. NOTARY PUBLIC ACKNOWLEDGMENT OF CONTRACTOR IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) On this day of 19 before me personally came and appeared , to me known, and known to me to be one of the members of the firm of described in and who executed the foregoing instrument, and lie acknowledged to me that he ex- ecuted the same as and for the act and deed of said form. NOTARY PUBLIC C-28 U2AHOLZMACHER, McLENDON & MURRELL. P C CONSUL TING ENGINEERS. ENVIRONMENTAL SClENTISTB.n. PLANNERS SCOPE OF WORK - HEATING, VENTILATING & AIR CONDITIONING (HVAC) 1.0 - WORK INCLUDED The work included under this contract consists of furnishing all materials, labor and equipment necessary to construct the HVAC systems for all buildings at the site, in accordance with the General Speci- fications, as indicated on the plans, and as directed by the Engineer. The HVAC Contractor shall provide all labor, materials, equipment and appliances, and perform all operations for the work as outlined herein and as shown on the contract drawings. All work shall be per- formed in strict accordance with these specifications and applicable drawings and are subject to the terms, general and special conditions of the contract. Without restricting the generality of the foregoing, the following is a general listing, not necessarily complete, of the work to be furnished and installed under this contract: (a) Furnish and install the combination heating/air conditioning unit for the Administration Room. (b) Furnish and install all electric unit heaters with matching thermostats for the Treatment Plant Building and the Anaerobic Digester Building. (c) Furnish and install all supply and exhaust roof fans for the Treatment Plant Building and the Anaerobic Digester Building., (d) Furnish and install all intake and exhaust roof, automatic gravity type shutters for roof fans. (e) Furnish and install all prefabricated roof curbs for all supply and exhaust roof fans. (f) Furnish and install all solid state speed control/on-off de- vices for the supply and exhaust roof fans. (g) Furnish and install all explosion proof HVAC equipment as specified herein and as required for the anaerobic digester building. (h) Furnish all line voltage thermostats as required. (i) Furnish and install portable unit heater in sludge/scum wet well. (j) Furnish to the Engineer for approval, five (5) sets of shop drawings or catalog cuts of each type equipment being utilized prior to ordering said equipment. (SOHT) SOW -HVAC - 1 of 2 U2Ai 1 HOLZMACHER, MCLENDON & MURRELL. P C I� CONSULTINGENGINEERS.ENVIRONUENTALSGENYISTSmdPLANNERS SCOPE OF WORK - HEATING, VENTILATING & AIR CONDITIONING (HVAC) (CONT'D.) 2.0 - WORK UNDER OTHER CONTRACTS (a) All HVAC equipment requiring electrical connections shall be made by the Electrical Contractor® Installation of equipment as it refers to this contract shall mean that equipment is to be set per- manently in place by approved construction methods in a workmanlike manner. (b) Although all building louvers shall be considered to be part of the ventilation system, furnishing and installing all units shall not be a part of this contract and shall be furnished and installed by the General Contractor under Contract No. 2® (SORT) SOW -HVAC - 2 of 2 H(�v HOLZMACHER, McLENDON & MURRELL. P C WA CONSULTING ENGINEERS. ENVIRONNENT.L 4GENTISTS-d PLANNERS HEATING, VENTILATING AND AIR CONDITIONING (HVAC) 1.0 - SCOPE The work includes all labor, equipment, materials and appliances required for construction of HVAC systems as specified herein, as in- dicated on the contract drawings and as directed by the Engineer. 2.0 - EXHAUST ROOF FANS The Contractor shall furnish and install (excluding electrical work) all centrifugal, direct drive type exhaust roof fans, specified herein and in the contract drawings, Model CRF as manufactured by ILG Industries, Inc., Chicago, Illinois, or approved equal. The units shall be made of aluminum. The motors shall be protected from thermal overloading and directly connected to the centrifugal fan wheel. The unit's venturi and base shall be made of spun aluminum. The fan wheel shall contain extruded hollow aluminum stressed airfoil blades. The motor compartment shall be ventilated and isolated from the exhaust air stream. All unit's metal to metal contact between struts, deflector and motor mountings shall be eliminated by neoprene rubber. Each unit shall be equipped with a safety disconnect switch. All moving parts shall be statically and dynamically balanced. Each unit shall be provided with a bird screen.. Each exhaust fan shall be supplied with a prefabricated curb, auto- matic gravity type shutter and a solid state speed control dial with on-off 'switch. All motors shall be variable speed and rated for single phase, 60 cycle, 115 volt operation. 3.0 - SUPPLY ROOF FAN 3.1 - Digester Equipment Room The Contractor shall furnish and install (excluding electrical work) axial flow direct drive type supply roof fan for the digester equipment room, specified herein and in the contract drawings, Model SRQ supply, as manufactured by ILG Industries, Inc., Chicago, IL; or approved equal. (SOHT) HVAC - 1 of 6 H()v HOLZMACHER, McLENDON & MURRELL. P C L 44 CONSULTING ENOINEENS. ENVIRONMENTAL SCIENTISTS Wd PLANNERS HEATING, VENTILATING AND AIR CONDITIONING (HVAC) (CONT'D.) 3.0 - SUPPLY ROOF FAN (cont'd.) The supply roof fans shall be made of aluminum for all-weather durability. The motors shall be provided with built-in automatic reset thermal overload protection. The motors shall be totally en- closed and directly connected to the fan wheel. All moving parts shall be balanced during manufacture and assembly. Each unit shall be supplied with a safety disconnect switch. Each supply roof fan shall be supplied with a prefabricated curb, automatic gravity type shutter, bird screen and a three speed switch with on-off facility. Motors shall be rated for single phase, 60 cycle, 115 ,volt opera- tion. 4.0 - ELECTRIC HEATERS 4.1— Electric Unit Heaters The Contractor shall furnish and install (excluding electrical work) electric unit heaters as specified herein and in the contract drawings, as manufactured by the Climate Control Division of The Singer Company, Carteret, NJ; or -approved equal. Each unit shall be constructed of heavy gauge steel, finished with electrostatically applied neutral black and gray enamel. Each unit shall consist of a heating element assembly, fan and motor assembly and con- trols. Heating grid shall be cast aluminum. Each unit shall consist of a matching fan and motor, capable of withstanding hard, continuous usage. Each unit shall be equipped with an automatic reset type thermal limit switch, fan delay switch, fan only switch and a snap action thermostat with a range of 40 degrees F. (low) to 100 degrees F. (high), all mounted integrally in the unit. Each unit shall contain a low voltage trans- former/relay, factory installed within the unit for remote low voltage thermostatic control. Each unit shall be supplied with a rigid suspensiot bracket for wall mounting, if required. All unit heaters shall be 3 phase, 480 volt, with fan motors opera- ting off 120 volt supply. All electric unit heaters shall be installed where shown on the contract drawings. (SOHT) HVAC - 2 of 6 ■-I(��♦ HOLZMACHER, McLENDON S MURRELL, P C ■ Z44 CONSULTING ENGINEERS. ENVWOMYEWAL SCIEMTSTS and PLANNERS HEATING, VENTILATING AND AIR CONDITIONING (HVAC) (CONT'D.) 4.0 - ELECTRIC HEATERS (cont'd.) 4.2 - Explosion proof Heater The Contractor shall furnish to the Electrical Contractor one (1) explosion proof electric heater, for installation in the gas equipment room of the anaerobic digester building, as manufactured by the Cli- mate Control Division of The Singer Company; or approved equal. The unit shall be 5,625 watts, 480 volt, 3 phase, 60 Hz and shall be rated for 19,209 BTU. Explosion proof heaters shall be suitable for NEMA Class 1, Divi- sion 1, Group D locations, U.L. listed, with element composed of highest grade nickel -chrome wire, insulated in a solid magnesium oxide core and inserted in a copper sheath. Aluminum fins shall.be banded to the sheath., and the element coil wire and connections shall be hermetically sealed with poured silicone rubber flash and vapor barrier. External cabinet shall be heavy gauge steel and junction boxes shall be aluminum. 4.3 - Portable Heater The Contractor shall furnish and install (excluding electrical work) one (1) portable electric heater for permanent installation in the sludge/scum dry well. Mounting brackets shall be included® The unit shall be as manufactured by the Climate Control Division of The Singer Company; or approved equal. The unit shall be for 240 volt, single phase service and shall be Catalog No. 1000-B for 5,122 BTU. 4.4 - Electric Wall Heaters The Contractor shall furnish and install (excluding electrical work) all electric wall heaters as specified herein and in the contract drawings, as manufactured by the Climate Control Division of The Singer Company; or approved equal. The electric wall heaters shall be of the fan type and utilize the down flow principle of air circulation. They shall be designed for surface mounting. The surface wall box shall be provided with each heater unit and shall be constructed of 20 gauge (minimum) sheet metal. The heater frame assembly shall be finished in brushed satin anodized aluminum. The unit shall contain a heating element encased in an aluminum finned casting and shall be protected by a thermal limit switch. Each' unit shall consist of a precision balanced fan, and the fan and motor assembly shall be mounted for vibration free performance. The fan (SOHT) HVAC - 3 of 6 Neu HOLZMACHER, McLENDON & MURRELL, P C LJ-- CONSULTING ENGINEERS.ENVIRONMENTAL SCIENTISTS -- PLANNERS HEATING, VENTILATING AND AIR CONDITIONING (HVAC) (CONT'D.) 4.0 - ELECTRIC HEATERS (cont'd.) motor shall be equipped with oil impregnated bronze bearings and a non radio interfering type. The units shall be equipped with a snap action type thermostat for automatic temperature control. All units shall be provided with a safety on-off switch. The heaters shall be listed by Underwriters Laboratories, Inc. Wall boxes shall be provided to allow surface mounting, and if required, semi -recessed mounting of heaters. 5.0 - COMBINATION HEATING -COOLING UNIT The Contractor shall furnish and install -(excluding electrical work) a combination heater -air conditioner unit to be Type RS, Model RS -14 Incremental Comfort Conditioner as manufactured by the Climate Control Division of The Singer Company; or approved equal. The combination heating -cooling unit shall be capable of producing 16,400 BTU/hour and a cooling load of 13,800 BTU/hour. The unit shall be supplied with a suitable outside air louver. The louver shall be stamped anodized aluminum in natural finish. The louver shall be installed from inside of building after room cabinet - wall sleeve is set in place® The room cabinet wall sleeve shall be entirely constructed of zinc -coated phosphatized steel. The top and sides shall be 18 gauge with baked epoxy corrosion -resistant finish. The base pan shall be 16 gauge dipped in EHBP (environmental hydrous baking polymer) thermo- setting plastic and baked to form a continuous film of corrosion pro- tection. ro- tection. Installed height of room cabinet -wall sleeve shall not exceed 16 -3/8 -inches. Installed height of room cabinet wall sleeve with sub -base shall not exceed 20 -3/8 -inches. Discharge grilles shall be four position stamped extruded aluminum to adjust to conditioner air delivery pattern without use of tools. Front panel shall be capable of being opened and/or removed without the use of tools. Filter service shall not require removal of front panel. (SOHT) HVAC - 4 of 6 IH�u HOLZMACHER. McLENDON & MURRELL. P C 2"CONSULTING ENGINEERS. ENVIRONMENTAL SGENTISTS-CANNERS HEATING, VENTILATING AND AIR CONDITIONING (HVAC) (CONT -D.) 5.0 - COMBINATION HEATING -COOLING UNIT (cont'd.) Heating/cooling chasis shall be a slide -in, plug-in chasis with self-contained refrigerant cycle consisting of compressor, reversing valve, separate condenser and evaporator fan motors, condenser fan and coil,.evaporator fan and coil, refrigerant tubing and controls, electrical and operating controls, pressure ventilation system and condensate removal system. Compressor shall be welded hermetic, internally and externally vibration isolated, with permanent split capacitor motor and overload protection. Refrigerant metering device shall consist of capillary restrictor, supplemented by a constant pressure automatic expansion valve for full cooling capacity at ambient temperatures down to 35 degrees F. without evaporator coil freeze-up, compressor short -cycling, or slugging. Chasis shall be constructed of zinc -coated, phosphatized steel parts dipped in thermo-setting plastic. All electrical components and controls shall be located in the conditioned air stream, except the hermetically sealed compressor, reversing valve and condenser fan motor. Evaporator and condenser fans shall be forward curved, centrifugal, statically and dynamically balanced. Evaporator fan assembly shall be driven by a two speed, permanent split capacitor, permanently lubricated fan motor located in the con- ditioned air stream. Condenser fan motor shall be permanent split capacitor type. Both motors shall be provided with oilers for life extension relubrication. Cooling condensate shall be removed by re -evaporation on the con- denser coil surface without drip, splash or spray. Condensate shall not come in contact with fan or fan motor. Slinger rings and propeller fans are not acceptable. Reverse cycle heating condensate drain connection shall be pro- vided on the roomside of the -heating -cooling chasis. Forced, filtered ventilation air shall be available year-round. Conditioner shall be�equipped with concealed manual ventilation damper operator. Electric heating elements shall be the quick response, low mass type with a high limit cut-out. (SOHT) HVAC - 5 of 6 HOLZMACHER, McLENDON & MURRELL, P C CONSULTING ENGINEERS ENVIRONMENTAL SGENTIST9-d PLANNERS HEATING, VENTILATING AND AIR CONDITIONING (HVAC) (CONT°DN,) 5.0 - COMBINATION HEATING -COOLING UNIT (contEd.) Operating controls shall be provided in a separable, plug-in module as part of the heating -cooling chasis® Control module shall contain OFF -HEAT -COOL -HIGH -LOW selector switch and self-contained adjustable thermostat with a heat anticipator. When on heating mode, the conditioner shall automatically de -energize the electric resistance heater and actuate the reverse cycle heating at an outdoor temperature of approximately 35 degrees F. depending on the humidity® A toggle switch shall be included that will lock out reverse cycle heating and allow electric heater operation above 35 degrees F. The installation of the combination heating -cooling unit shall be .performed in accordance with the manufacturer's latest installation instructions. 6®0 - MANUALS/SERVICE The Contractor shall require each different manufacturer of equip- ment supplied under this contract to include in tris bid one (1) day®s service at the project site to instruct the town's representatives on the operation and maintenance of the equipment. Five (5) copies of catalog cuts and Operation & Maintenance Manuals shall be submitted to the Engineer prior to manufacture. (SOHT) HVAC - 6 of 6 HOLZMACHER, McLENDON & MURRELL. P C. CONSUL TING ENGINEERS. ENVI"MENTAL SGENTISTS -d PLANNERS SCOPE OF WORK - PLUMBING 1.0 - WORK INCLUDED The work includes furnishing all labor, materials, equipment and appliances necessary to construct and install all plumbing equipment and accessories at the Southold Wastewater Disposal District Scavenger Waste Treatment Facility, as indicated on the contract drawings and herein specified. The work covered under this section shall include, but not be limited to, the following: (a) Furnish and install all plumbing and drainage work for the buildings, including floor drain system, hot and cold water system, lavatory fixtures and accessories, reduced pressure backflow preventer, vacuum breakers, etc. (b) Tap in to the existing 4 -inch diameter cast iron water main, as shown on the contract drawings. (c) Provide water service with all miscellaneous work and acces- sories for a complete and operational system, as specified herein and as shown on the contract drawings. (d) Included in the water service shall be service sinks, water meter and polyethylene water service tubing. (e) Installation of water service, including outside water hookup and reduced backflow preventer system. (f) Provide for plumbing service equipment for Treatment Build- ing, and Anaerobic Digester Control Building, including piping and all accessories. (g) All work to be done to standards of the Inc. Village of Greenport, Dept. of Utilities. (h) The Contractor shall furnish to the Engineer for approval, five (5) sets of shop drawings or catalog cuts of each type equipment being utilized prior to ordering said equipment. (i) In the case of cut -ins to the existing water service, the Contractor shall coordinate all work with the Superintendent of Utili- ties for Greenport, so as to minimize the existing treatment facilities' interruption of normal operation. The Contractor shall notify the Superintendent and the Engineer forty-eight (48) hours in advance of his intention to connect to the existing water service. (SORT) SOW -P - 1 of 1 f Nl�HOLZMACHER, McLENDON & MURRELL, P C LA CONSULTING ENGINEERS. ENVI110NNENTAL SCIENTISTS dPLANNERS WATER SERVICEI 1.0 - SCOPE The work includes all labor, materials, equipment and appliances required for the installation of all water service work including hot water service, as shown on the Contract Drawings and as detailed herein. All work shall be done by a plumber approved by the Village of Green- port and all workmanship and materials shall be in accordance with Village standards. 2.0 - GENERAL The Contractor shall provide water service to the treatment facility which shall entail the following items: (A) Tap into existing 4 -inch potable water main and install a 2 -inch service at the location shown on the Contract Drawings. (B) Installation of one (1) backflow preventer in the location shown on the Contract Drawings. (C) Installation of hot water service in the Treatment Building. (D) Installation of water service throughout treatment facility as shown on the Contract Drawings, 3.0 - PIPING - GENERAL A. Piping shall be concealed wherever possible. B. Piping shall be run as straight and direct as possible, either at right angles to or parallel with walls, floors and ceiling. C. Reducing fitting shall be used wherever a change in size occurs. No bushings shall be allowed. D. Piping shall not be marred by tool marks. No more than one (1) thread shall show at fittings. E. Allowance shall be made for expansion and contraction of piping. Swing joints shall be used at all connections to equipment, mains, risers and branches. F. Hangers or supports shall be provided at least at horizontal intervals of: (SOHT) WS - 1 of 6 C HOLZMACHER, McLENDON & MURRELL. P C (gNSUL TING ENGINEERS. ENVIRONMENTAL SGENTISTS and PLANNERS WATER SERVICE (CONT -D.) 1. Cast Iron - each length 2. Copper Tubing - 8E G. All supports and hangers shall be adjustable and shall be affixed to the construction by flanges, inserts, brackets or other means approved for this purpose. Supports and hangers shall be equal to: 1® Single Hangers - Grinnel #260 2. Wall Hangers - Grabler #62 H. Steel or iron pipe sleeves shall be provided for all other pipes passing through construction, except where a framed opening is provided. I. Cast brass escutcheons shall be provided for all exposed pip- ing passing through or protruding from walls, ceiling and floors. J. All cold and hot water lines throughout the building, whether concealed or exposed, shall be covered. K. All cold water piping shall be covered with 1" thick, 7-1/4 lb. density with FR jacket, sealed with a white vapor barrier mastic on the longitudinal lap and factory finished 4" strips around all circum- ferential joints, sealed with BF 81-99. L. All hot water piping shall be covered with Owens-Corning 1" thick fiberglass molded sectional pipe insulation of 7-1/4 lb. density with a universal jacket® 4.0 - TAP AND SERVICE LINE The Contractor shall furnish and install a complete 2 -inch service line from the existing 4 -inch main to the locations as shown on the Contract Drawings. A. Materials Current Village of Greenport standards require each service to consist of the following material by the manufacturers as specified below. Substitutions will only be allowed if written approval is ob- tained from the Village prior to installation. All materials shall conform with all applicable parts of the American Water Works Associ- ation Specifications (A®W.W.A. C-800, latest edition). (SOHT) WS - 2 of 6 k J HOLZMACHER, McLENDON & MURRELL. P C � I CONSULTING ENGINE ERS, ENVIRONMENTALSGENTISTS -E PLANNERS WATER SERVICE (CONY D.) Two -Inch Corporation Stops - Corporation stops shall be constructed of water service bronze with A.W®W®A® standard thread inlet and copper A.W©W.A® standard outlet, complete with straight coupling nuts. Number H-15000 by Mueller Company, with standard thread inlet and copper A.W.A®A. outlet, complete with straight coupling nuts or equal. Polyethylene Tubing - All polyethylene tubing shall be as specified in the Section entitled, "WATER MAINS AND APPURTENANCES - POLYETHYLENE WATER SERVICE TUBING00 and as shown on the Contract Drawings. Copper Tubing - All copper tubing shall be type "K" seamless soft copper tubing conforming to the requirements of ASTM Specification B-88, A.W.W.A. Specification 75 -CR and Federal Specification WWT-799® Tapped Saddle - Number F-1280 by Clow Corporation for a 4 -inch cast iron main to a 2 -inch tapping. Three -Part Unions - Three-part unions shall be copper -to -copper (flared) by Mueller Company, No. H-15400 or equal. Curb Stop and Drain - Number H-15210 by Mueller Company with check and drain, full round way opening, combined tee and cap and an inverted tapered key with 1/4 -inch hole drilled in cap for attaching a stationary rod, open to the left and valve connections shall be copper -to -copper® Extension Service Boxes - Extension service boxes shall be con- structed of extra grade gray iron cover and base, steel extension pipe; with a small arch pattern base for 1/2 -inch through 1 -1/2 -inch curb stops; adjustment between 4 to 5 feet; complete with stationary inside stop rod; 1 -inch upper section; cover with brass bushing insert, tapped for 1 -inch iron pipe and two holes for removal with spanner wrench® Extension service boxes (for 1/2-l" curb stop) to be by Mueller Company, No. H-10314, or equal. Service boxes (for 2" curb stop) shall be a regular valve box con- sisting of three-piece cast iron, 5-1/4" shaft, sliding type, with cast iron cover with "WATER" cast on the cover® The base size and dimension is No. 4 round (10 -7/8 -inch diameter, 8 inches high). Faucets - Faucets shall be 3/4" size and shall be Mueller H-8260 or equal. Each faucet shall be fitted with hose bib vacuum breaker, Model No. 8A, as manufactured by the Watts Regulator Company or equal. Wq — I n s U(��I HOLZMACHER, McLENDON & MURRELL. P C LA CONSUL TING ENGINEERS. ENVIRONMENTAL SGENTISTS--PLANNERS WATER SERVICE (CONT'D.) Double Strap Service Clamps - Double strap service clamps shall be constructed of ductile iron body; extra large forged steel straps flattened to provide increased gripping surface; rolled strap threads; neoprene gasket (cemented in place) shall be required for 1-1/2" and 2" services. Double strap service clamps to be H-10526 (on 6" ductile -iron water main). B. Location Two-inch service connection shall be installed at the approximate location shown on the Contract Drawings, subject to the approval of the Owner and Engineer. C. Installation Before tapping, the pipe to be tapped shall be thoroughly cleaned by removing all dirt.and scale. The main shall be tapped on the side facing the treatment facility to be served and the corporation stop installed in accordance with the most modern methods and the use of modern equipment by workman skilled in its use. All copper service pipe shall be installed at 4'-6" minimum cover with slack left at the corporation stop. The copper service pipe shall be one continuous piece between the corporation stop and the curb stop. In making cuts in copper service pipe, the most modern equipment shall be used to produce a square cut. The tubing, after cutting, shall be cut square, burrs removed and reamed. Fittings, sockets and tube ends shall be thoroughly cleaned to a bright finish. All solder joints shall be fluxed, using 95-5 tin and antimony solder. The curb box shall be centered over the curb stop and shall be plumb with the cover or slightly above grade. The curb shall be blocked to prevent leakage due to surges. Installation shall be accomplished with excavating,, backfilling, trench compaction and restoration. On completion of the water service, the corporation stop shall be left on. The Plumbing Contractor shall coordinate his work schedule with the General Construction and Site Work Contractors so as to minimize restoration. This Plumbing Contractor will be responsible for the replacement of concrete roadway removed when tapping into the exist- ing water main. rcnum) WS - 4 0 U�u HOLZMACHER. McLENDON 8 MURRELL. P C L14 CONSULTING ENGINEERS. ENVIRONMENTAL SGENTIRT8.nO PLANNERS 'WATER SERVICE (CONT'D.) 5.0 - REDUCED PRESSURE BACKFLOW PREVENTERS (RPBFP) The Contractor shall furnish and install a 2 -inch backflow preventer Febco model 835 as manufactured by Johns -Manville, Ag -Turf Division, or equal. All types and models of RPBFP assemblies furnished shall be approved by New York State Department of Health, Bureau of Public Water Supply. RPBFP assemblies in sizes 3/4 -inch to 2 -inches shall consist of two spring-loaded check valves and a differential relief valve, two brass gate valves and test cocks for field testing. All check valve internal parts and differential relief valve shall be removable from the top of the unit without removing the check valve assembly from the water line. The assembly shall be installed in the horizontal position within the RPBFP pit in accordance with current standards. The assembly shall be rated at 175 psi and constructed in accordance with all applicable parts of the American Water Works Association Speci- fication (A.W.W.A. C-506-78, or latest revision). The assemblies shall be complete in every detail and completely assembled when shipped. 6.0 - ELECTRIC HOT WATER HEATER Provide, at .the location shown on the Contract Drawings, one (1). automatic electric hot water heater, Model No. RP15P.4-1, Type Point of Use, as manufactured by Ruud Water Heater Division of City Investing Co., Chicago, Ill. or approved equal. Heater shall have a fifteen gallon capacity and shall be heavy gauge arc welded steel, glasslined tank, 300 psi hydrostatic test pressure and 150 psi working pressure, 110 degrees - 170 degrees F. range thermostat with energy cut-off device wired for interlock use, heater to be 120 volts and Underwriter's Laboratories listed. Five (5) copies of catalog cuts and Operation and Maintenance Manual shall be submitted to the Engineer. 7.0 - SIPHON VACUUM BREAKER Vacuum breakers shall be installed on all potable water line out- lets, including slop sinks and hose bibs. r �nHm WS - 5 of 6 �—I HOLZMACHER, McLENDON & MURRELL. P C ■ I CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTBenG PLANNERS WATER SERVICE (CONT'D®) A siphon vacuum breaker and check valve shall be installed before the connection from the cold water supply to the hot water heater. Siphon vacuum breaker shall be 3/4" No® 188 by Watt, or equal® 1j 8.0 - O'UTSIDE SERVICE HOOKUP Outside service hookups shall be installed at the locations as shown on the Contract Drawings and are to be provided with a 4" x 4" support post to be painted as detailed in Contract No. 2 under the Section entitled, "SURFACE FINISH -PAINTING." A gravel bottom shall be supplied for service of the drain valve to the satisfaction of the Engineer. (SORT) WS - 6 of 6 HOLZMACHER, McLENDON & MURRELL. P.C. coweuirwa ee�wa¢�, awve�waetwrn� eaawrnro a.o �gwaaq WATER SERVICE AND APPURTENANCES - TRENCH COMPACTION 1.0 - SCOPE Compaction of trenches in accordance with the'Specifications or to the approval of the Engineer at locations indicated on the Contract Drawings or as directed by the Engineer® 2.0 - BACKFILL Backfill as indicated shall be free from rocks, lumber or debris. 3.0 - COMPACTION Trenches to be compacted.shall either be jetted or mechanically tamped to meet laying condition "B" of A.S.A. Specification A®21-8-1962 or A®W.W.A. Specification C108=62, latest edditions. The soil in all trenches to.be consolidated shall be compacted to 90% of maximum density at optimum moisture as determined by Mod® A.A.S.H.O. T=99, except that soils for a depth of 9" below pavement subgrades; in both cuts and embankments, shall be compacted to not less than 9.5%® Soils which have a maximum density less than 100 pounds per cubic foot as determined by Mod® A®A.S®H.O. T-99 shall be wasted or mixed with heavier soils to obtain the required weight® 4.0 - JETTING When soil conditions permit, the trenches shall be compacted by. means of jetting. In general, after mounding dirt over the trench area, a 1-1/2" or larger hose, connected to an.existing hydrant, will supply water to a 3/4" or 1" galvanized pipe which, in turn, will be inserted in the trench_ to deliver the jet of water to the top of the water main at 30 psi pressure® The flow of water shall be controlled by means of a valve® The jetting pipe shall be inserted on alternate sides of the trench at approximately 4 -foot intervals or as directed by the Engineer® Additional hose shall be provided by the Contractor for compacting areas not close to existing hydrants. Allowing the water from a hydrant to flow down the trench is not considered jetting® T'C - 1 of 2 HOLZMACHER, McLENDON & MURRELL, P.C. CONUKTlMO EM WHIM. fMV1OMYSNTk BCIEMTIBTB mW MAWKM WATER SERVICE AND APPURTENANCES - TRENCH COMPACTION (CONT -D.) 5.0 - MECHANICAL TAMPING If soil conditions do not permit jetting, or as required by the Engineer, compaction shall be by means of mechanical tamping. An approved mechanical tamper shall be used to tamp the backfill 6" to 12" layers® Riding the wheels of equipment over the trench area is not considered mechanical tamping® 6.0 - REPAIR OF SUNKEN TRENCHES Where the trenches are compacted under this section, this Contractor shall be responsible for sunken main trenches (before and after repaving) for a per-iod-of one (1) year after date of final certificate and shall repair same to the satisfaction of the Engineer at the Contractor's expense. Repairs consisting of additional compacted backfill and, if necessary, repaving damaged pavement or other restoration, shall commence within seven (7) consecutive calendar days after notice from the Engineer to repair such trenches. The work includes all labor, material and of water main trenches in accordance with these locations indicated on the Contract Drawings or Engineer® TC - 2 of 2 equipment for compacting Specifications at the as directed by the • z14�j HOLZMACHER, McLENDON S MURRELL, P C. CONSMTINOENWNEEM.ENYMgNYENTALECIENT1ETe..OPU#MKW WATER MAINS AND APPURTENANCES - POLYETHYLENE WATER SERVICE TUBING 1.0 - SCOPE Under this work are included all costs of excavation backfilling, grading, temporary sheeting, furnishing and laying polyethylene water service tubing as located on the Contract Drawings, cleaning up and all other work and materials not specifically included in other items which are required to complete the installation of polyethylene water service tubing. 2.0 - POLYETHYLENE WATER SERVICE TUBING (A) Materials - All tubing shall be extruded from a polyethylene extrusion compound that shall meet the requirements of A.S.T.M. Designa- tion D-1248 latest revision and shall meet the requirements of the Speci- fication for Polyethylene (PE) Plastic Pipe as they apply to PE3406 in A.S.T.M. Designation D-2737 latest revision® All pipe shall meet the Specifications for potable water pipe as published by the National Sanitation Foundation Testing Laboratories Inc., School of Public Health, University of Michigan, Ann Arbor, Michigan. (B) Dimensions and Tolerances - For any cross section the average inside diameters, wall thickness and respective tolerances shall be as shown on Tables I and II of A.S.T.M. D-2737 latest revision in accordance with Sections 4 and 5 of A.S.T.M. D-2122 latest revision "Method of Determining Dimensions of Thermo Plastic Pipe." Tubing shall be 16.0 psi pressure rating (CTS-O.D.). The ratio of the pipe diameter to wall thickness (SDR) shall not exceed 7 for 160 psi pressures. (C) Certification - The Contractor shall furnish the Engineer with a certificate from the manufacturer that the pipe furnished meets all of the criteria outlined in this Specification. (D) Manufacturer - Polyethylene water service tubing for this Con- tract shall be Orangeburg SP as manufactured by the Flintkote Company; Tuftube as manufactured by Haveg Industries Inc., or equal. 3.0 - INSTALLATION Piping shall be installed of diameter indicated on the Contract Drawings. Excavation shall include the removal of all materials of every name and nature, including rocks, boulders, masonry rubble, tree stumps, etc. Care shall be taken during installation and backfill not to place the polyethylene tubing in direct bearing with stones, rocks or other PWST - 1 of 4 U�u HOLZMACHER, McLENDON & MURRELL, P C L 114 CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS end PLANNERS WATER MAINS AND APPURTENANCES - POLYETHYLENE WATER SERVICE TUBING (CONT'D.) sharp objects. All stones and other sharp objects shall be removed from the first 4 -inches of backfill. Once tubing has been placed in trench it shall be weighed down with soil at intervals to prevent arching until backfilling is completed. Trench compaction shall be as specified elsewhere in the Specifications. Under this work, the Contractor shall furnish, put in place and maintain temporary sheeting and bracing as may be necessary or required to support thoroughly the sides of the excavation to prevent any movement which might injure the tubing or damage existing structures or utilities. All drains, telephone poles and utilities must be supported and pro- tected by this Contractor. Work under this Contract shall be performed during the normal seasonal working conditions. This Contractor will be required to break frozen ground from zero (0) to four (4) inches under this work. On written orders from the Engineer, this Contractor shall break frozen ground for depths greater than (4) inches and shall be paid under the specific bid items, or if none, a negotiated price. This Contractor shall be required to keep water out of the trenches by approved means while tubing is being laid and away from joints until they have set. Dewatering will be required under this work, unless a specific item is contained in the Proposal Sheets. Tubing shall be laid to a grade etc., as directed by the Engineer or and 5'-0" to finished grade. required to pass under drains, ducts, to provide a cover between 4"-6" This Contractor shall claim no additional compensation if pipe lines are installed with an -additional 2'-0" cover for short intervals not exceeding 30 feet in length at each location where additional depth is required to pass under drainage, utilities, etc. Under this work, the pipe shall be installed from the existing water main to areas as located on the Contract Drawings at the existing 3/4 -inch copper service pipe with a curb stop (furnished and installed under another Item), or if a long service, the Contractor shall connect at this point to the existing -copper service with a straight coupling. The straight coupling shall be pack joint both ends catalog No. C44-33 (with insert stiffeners for the plastic side catalog No. insert 51), as manufactured by the Ford Meter Box Co., Inc. or equal. PWST - 2 of 4 HOLZMACHER, McLENDON & MURRELL.,P C. coaawrn.a ¢roonGrtAS. awv awrei gaaarrora o.a PLAWdQRG WATER MAIDS AND APPURTENANCES - POLYETHYLENE WATER SERVICE TUBING (CONT®D®) _ For a two-inch service© the Contractor shall furnish and install the required 2 -inch x 3/4 pack joint "Y", or any other required ser- vice fittings under this work to the two-inch tubing in order to install the required 3/4 -inch tubing to the building as shown on the Contract Drawings® Service "Y" shall be as manufactured by the Ford Meter Box Co®® Hays Manufacturing Co., or specifically approved equal® All couplings, stiffners, Service "Y", etc., shall be furnished and installed under this work® In making cuts in the Polyethylene tubing, a tube cutter of the most modern equipment shall be used to make a square cut® 4.0 - TESTING The service tubing shall be tested and inspected by the Engineer at normal static pressure, when corporation stops and curb stops have been installed. 5®0 - SITE CONDITIONS AND PROTECTION All traffic shall be maintained as directed by the Engineer® Calcium Chloride shall be spread for dust control in areas as directed by the Engineer and shall meet the requirements of the Standard Specifications for Calcium Chloride, A.S.T.M. Designation D98a Any damage by this Contractor to lawn areas, shrubs, etc., must be repaired or replaced by this Contractor at his own expense to the satisfaction of the Engineer. Suitable barriers and caution signs shall be placed and maintained around all excavation and parked equipment, and sufficient red lights are to be maintained at night as precaution against accidents. Stockpiling of tubing, fittings, etc., will only be permitted in areas approved by the Engineer. 6®0 - CLEANING UP This Contractor shall remove all debris and rubbish from the site as fast as it accumulates during the course of installation of tubing and appurtenances. All unused materials, excess excavation, etc®, shall be removed as the work progresses and on completion the line of trench and adjacent area shall be left in substantially the same condition as existed prior to performing the work. All cleaning up shall be to the satisfaction of the Engineer. PWST - 3 of 4 —I(>�I HOLZMACHER. McLENDON & MURRELL. P C ■ Z44 CONSULTING ENGINEERS.ENVIRONMENTAL SCIENTISTS.nO PLANNERS WATER MAINS AND APPURTENANCES - POLYETHYLENE WATER SERVICE TUBING (CONT'D.) 7.0 - SEGREGATION OF TOPSOIL DURING TRENCHING OPERATIONS The Contractor shall include under this work all additional costs required to complete all trenching operations, by segregating topsoil from the remainder of excavated soil. This may be done by trenching in two passes, the first pass removing topsoil (approximately 6") and the second pass excavating to the full depth. Topsoil shall be segregated and placed on one side of the trench. The remainder of the excavation material shall be placed on the opposite side of the trench to protect adjacent grass areas. Also included under this work is additional work required to replace backfill first and topsoil last. 8.0 - RESTORATION The Plumbing Contractor is not responsible for final restoration that would include seeding. This work shall be completed under the Site Work and Landscaping contract. However, this Contractor is re- sponsible for replacement of concrete pavement disturbed during tapping of existing water main. (SOHT) PWST - 4 of 4 F(�v HOLZMACHER. McLENDON & MURRELL. P C LJi\ CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS wdPLANNERS WATER METER AND ACCESSORIES 1.0 - SCOPE The Contractor shall furnish all labor, material and equipment to install the water meter, as shown on the Contract Drawings, called for in the Specifications and as directed by the Engineer. 2.0 - MATERIALS The Contractor shall install one (1) 2" Rockwell Sealed Register Displacement Water Meter, or equal, at the location shown on the -Con- tract Drawings. All materials and workmanship will be to the standards and approval of the Inc. Village of Greenport. WMA - 1 of 1 HOLZMACHER, McLENDON & MURRELL. P C CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS wd PLANNERS PLUMBING - PLUMBING WORK - FLOOR DRAINS - SERVICE SINKS 1.0 - SCOPE The work includes all labor, materials, equipment and appliances required for the installation of all floor drains, service sinks, plumb- ing fixtures and piping, as shown on the Contract Drawings, specified herein and/or as directed by the Engineer. 2.0 - GENERAL (A) Floor drains shall be supplied and installed with waste piping extending from them to areas designated on the Contract Drawings. (B) Floor drains shall be "Jo.sam" Series 36100, Type 36104 with vertical backwater valve or approved equal, and heavy duty bronze laminated top, cast iron body and threaded bottom outlet. (C) Cleanouts shall be "Josam" Series 58370, Type 58374 or approved equal. Cleanouts shall be cast iron with seriated cut-off sections, coated cast iron cleanout plug with lead seal and heavy duty scoriated cover with bronze top, for installation flush with finished concrete floor. (D) Service sinks shall be "Bannon" Series K-6716 as manufactured by Kohler Co., Kohler, Wisconsin; Morse McCormick, Inc., or equal. Ser- vice sinks to include all interconnected piping to insure a complete and operational service. Service sinks to be 24" x 20" with vacuum breaker and to be located in the grit chamber room and anaerobic digester control room, as shown on the Contract Drawings® Contractor to submit shop drawings of service sinks prior to installation for approval by the Engineer. (E) Water closet shall be American Standard "Madera," or equal, vitreous china, No. 2222.016 with 481310-100 bolt caps, with flush valve to be Delany Flushboy 402 VB of Sloan Royal 110, wall mounted, 1-1/2" top spud, and elongated bowl. Seat shall be Church American Standard 5321.112 "Postu-remold," open front seat, heavy duty solid plastic, with stainless steel check hinge. All trim fittings, traps, etc., specified herein shall be chromium plated unless specifically noted otherwise. Toilet partitions shall be Regal floor supported -steel construction by Global Steel Products Corp., Deer Park, N.Y., or approved equal. (F) Lavatory shall be American Standard #0195.073 "Roxalyn" white, 20"xl8" vitreous china, front overflow, with concealed arms, and fittings #2238.574 faucet with pop-up drain and aerator, grid strainer, 3/8" supply pipes with stops to wall and flexible tube risers #2303.154, 1-1/4" P trap #4418.018, American Standard or equal. PW -FD -SS - 1 of 3 �! HOLZMACHER, McLENDON & MURRELL, P C. ® � CONSULTING ENGINEERS. ENVIRONMENTAL SGENTISTS wd PLANNERS PLUMBING - PLUMBING WORK - FLOOR DRAINS - SERVICE SINKS (CONT -D.) Lavatory to be located in vanity 3' long x 2' wide x 3' high as located on the Contract Drawings under Contract No. 2® Electric Hot Water Heater specified in the section entitled, "WATER SERVICE" shall be. located in the vanity. Contractor to submit five (5) sets of catalog cuts from manufacturer of vanity prior to installation for approval by the Engineer. (G) Shower unit shall be Global Steel Products Corp®, Deer Park, N.Y., Type LFO-36, or equal® The unit shall be 3'-6" x 3'-6" x 82". 3.0 - PIPING (A) All interior drainage and vent piping 3" and larger shall be extra heavy cast iron, hub and spigot, corresponding to A.S®T.M. A-74 standard. Pipe connections to drain shall be threaded® (B) All interior piping smaller than 3" shall be galvanized standard weight steel piping, corresponding to A®S®T.M® A-120, Standard, with galvanized cast iron drainage pattern fittings, A.S.A. B-16-12 standard for drainage piping, and galvanized malleable iron banded, A.S.A. B -16C standard for vent piping® Unions shall be galvanized malleable iron with brass seats. (C) _All exterior piping from the building floor drains shall be the same as (A)® (D) Joints in cast iron shall be made up with picked oakum and molten lead, poured in one continuous pour to finish with the hub full and face smooth. Joints at drain connections shall be threaded® (E) Joints between lead and cast iron with heavy brass ferrules caulk -ed as (D) and with a heavy wiped joint to lead® (F) Joints in galvanized steel with white or red lead and oil - placed in pipe threads. (G) Joints between galvanized steel and cast iron with spigot ends caulked as in (D). (H) Exterior underground piping shall have a pitch of at least 1®0% slope. (I) Cleanouts shall be provided and extend' through walls and where necessary as follows: 1® At all changes of direction 2. At all traps 3® At the end of all horizontal drains PW -FD -SS - 2 of 3 HOLZMACHER, McLENDON & MURRELL. P C CON6ULTN10 QNOIN([N8. [1/VWOWANTAL SCIENTIST{ -d PLA -040M PW -FD -SS - 3 of i HOLZMACHER. MCLENWN & MURRELL, P C CONSUL TING F wOTw!! 06 EMVIWQw!!B MrbL DCiwrlpTB aW rypwwEN6 PORTLAND CEMENT CONCRETE PAVEMENT REMOVAL & RESTORATION 1.0 SCOPE Under the section of the specifications the Contractor shall remove, dispose of and perform the subsequent restoration of all areas where portland cement concrete pavements are disturbed or destroyed as a result of the work under this Contract. 2®0 GENERAL All work shall accordance with all 503 of the Standard State Department of be in accordance with all applicable portions in applicable portions of Section 500 through Section Specifications, Construction and Materials, New York Transportation (NYSDOT), January 2, 1981, as amended All pavement to be removed shall be sawcut. The purpose of the sawcuts is to provide a neat and true joint line between the abutting pavement to remain and the subsequent pavement placed as part of this Contract. The Engineer will mark with paint all locations where sawcutting of concrete pavements is required. The Contractor, prior to cutting existing pavements, shall mark the cutting lines by means of a "snap line" to assure a uniform and even cut. Concrete shall be cut with a concrete saw -to a minimum depth of at least two (2) inches for all pavements. In the event that a deeper cut is required to obtain a neat edge it shall be performed as part of this Contract. 3.0 LIMITS OF PAVEMENT RESTORATION Any concrete pavement disturbed or destroyed by the Contractor shall be restored between the two existing adjacent longitudinal joints. In the event that a trench!or excavation extends to within ten (10) feet of a transverse joint in an existing concrete pavement, that portion of the roadway shall be restored completely to the affected transverse joint. 4.0 SUBGRADE AND FINE GRADING The subgrade shall be of granular material and shall be cleaned of all loose or foreign material, reshaped if rutted, and otherwise pre- pared so as to provide uniform support for the pavement® All soft or unsuitable material such as loam shall be removed to a depth of at least twelve (12) inches, or as may be directed by the Engineer, and replaced with suitable material approved•by the Engineer and compacted in four (4) inch layers to the pavement base. The costs for any addi- tional excavation and backfill shall be included in the lump sum price bid for this Contract. PR&R 1 of �, HOLZMACHER. McLENDON & MURRELL. P C CONSUL TING fNO�NgR�B flavTaONm�f aTAL NJQNTR9TS .,e gpaNERe PORTLAND CEMENT CONCRETE PAVEMENT REMOVAL & RESTORATION (CONT°D.) Shaping and compaction of the subgrade shall be accomplished by blade grading, where applicable and by rolling with an approved two wheel or pneumatic roller. All equipment for preparation of sub - grade shall be in first class working order and shall be subject to any inspection the Engineer may desire prior to being placed in use. After the subgrade has been prepared and compacted to the required uniform density and to the required elevation® alignment and cross- section® it shall be maintained in that condition until the pavement is placed thereon. Pavement will not be placed upon any frozen sub - grade or upon any material which® in the opinion of the Engineer® is unsuitable as a pavement foundation. The subgrade to be consolidated shall be compacted to 90 percent (90%) of maximum density at optimum moisture as determined by A.A.S.H.T.O Tm99® except that soils for a depth of 9 inches below the bottom edge of the pavements in both cuts and embankments shall be compacted to not less than 95 percent (95%)o Soils which have a maximum density less than 100 pounds per cubic foot® as determined by A.A.S.H.T.O. T®99a shall be was- ted or mixed with heavier soils to obtain the required weight. 5.0 PAVEMENT RESTORATION The concrete used for all pavement restoration shall conform in all respects to Type C Unreinforced Concrete Pavement as outlined in Section 501 of the aforementioned N.Y.S.D.O.T. specifications. The actual construction of all unreinforced concrete pavement shall be in accordance with Section 502 of the N.Y.S.D.O.T. specifications. 6.0 BASIS OF PAYMENT The payment for all work included under this Section® such as removing and disposing 6f all existing concrete pavements® furnishing and constructing all new concrete pavements and performing all incidents work necessary to complete the required pavement restoration shall be included in the lump sum price bid for this contract. FR&N Z 01 L r u HOLZMACHER, McLENDON d MURRELL, P C. SCOPE OF WORK - ELECTRICAL 1.0 - WORK INCLUDED The work includes furnishing all labor, materials, equipment and appliances necessary to construct and install all electrical equip- ment and accessories at the Riverhead Scavenger Waste Improvement Dis- trict Treatment Facility, as indicated on the contract drawings and herein specified. The work covered under this section shall include, but not be limited to, the following: (a) Primary Electric Service - feeder from LILCO service pole to the main metal -clad transformer, as shown on the drawings. (b) Installation of the plant main metering equipment. (c) Main service switch. (d) 480 volt and 120/208 volt power distribution system and dis- tribution equipment. (e) Motor control centers, motor starters and control stations.. (f) Lighting- distribution, lighting system, lighting fixtures, lamps, convenience outlets system. (g) Motor power wiring. (h) Control, alarm and instrumentation wiring. (i) All telephone conduits at the Scavenger Waste Treatment Facility. (j) Equipment supports and miscellaneous steel for electrical equipment. (k) Grounding system. (1) (m) All emergency lighting units. (n) Insure that all loads are balanced. (o) Testing® (p) Removal, relocation and modification of existing work to permit continued operation of the facility during con- struction. SOW -E - 1 of 2 HOLZMACHER, McLENDON & MURRELL, P.C. � l.�J � � r.,.r..re ero.ac�. ervwdw�nr� �aEri�ata w ra��w�os SCOPE OF WORK - ELECTRICAL (CONT'D.) (q) Furnishing and installation of wire, cable, apparatus, con- necting strips, etc. for the public telephone system. (r) All associated work and incidentals necessary for a complete working electrical system as intended by these specifications. (s) The Contractor shall furnish to the engineer for approval, five (5) sets of shop drawings or catalog cuts of each type equipment being utilized prior to ordering said equipment. (t) Furnishing and installation of wire, cable, apparatus, con- necting strips, etc. for the Protection System, as detailed in these specifications. (u) Trenching, excavation and backfill for all electrical conduits and wire. 9 n - RPTATED WORK SPECIFIED UNDER OTHER SECTIONS AND CONTRACTS (a) Excavation, trenching and backfilling are specified in Con- tract No. 1 under the section entitled, "EXCAVATION, EARTHWORK, BACK- FILLING AND GRADING". (b) Manholes and mounting pads are specified in Contract No. 2 under the section entitled, "PRECAST CONCRETE MANHOLES" and "STRUCTURAL CONCRETE". (c) Concrete for electrical duct encasement, and generator mount- ing pad,are specified in Contract No. 2 under the section entitled, "STRUCTURAL CONCRETE". (d) Process equipment and process control panels are specified in Contract No. 2 - General Construction and Mechanical Work. (e) Electrical conduit installation is specified in Contract No. 2 under the sections entitled, "TRENCHING, EXCAVATION AND GENERAL PIPE LAYING" and "FURNISHING AND INSTALLING OF PIPE". 3.0 - RELATED WORK NOT INCLUDED The following principal items of work are not included under this contract: (1) Furnishing and Installation of Motors. suw-P; — L OL 6 I ELECTRICAL WORK 1. SCOPE HOLZMACHER, McLENDON & MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS The Contractor shall furnish all labor, materials, equipment, transportation, services and appliances necessary for receiving, in- stalling, testing and adjusting of electrical equipment and wiring, for a complete and functionally operable installation, as shown on the accompanying drawings and as specified herein. The following items of work are to be included in areas being altered or newly constructed. a. Primary and secondary service work and manhole. b. Panel boards, feeders and transformers. c. A system.of lighting. d. A complete system of power and branch circuit wiring, in- cluding motor starters and timeclocks. e. Telephone conduits and outlet distribution. f. Electric controls. g. Motor control centers. h. Operational testing, as contained herein and in the Supple- mentary Conditions. i. Temporary light and power, as described in the Supplementary Conditions. 2. GENERAL The installation shall be in accordance with the latest rules of the National Electrical Code, TELCO and governing local ordinances. The Contractor shall comply with the laws, rules and regulations of the State, Municipal and District Departments having jurisdiction. Upon completion of the work, an Underwriter's Certificate shall be submitted, prior to final payment request. All electrical equipment being installed shall be UL approved and labeled. It is required that the Contractor thoroughly familiarize him- self with all construction drawings and vendor's detailed drawings concerning this project and shall coordinate his work with that of other trades. In the event of discrepancies, the Owner shall be notified for a disposition prior to proceeding with the work. EW - 1 of 12 HOLZMACHER. McLENDON & MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ELECTRICAL WORK - CONT'D. i No structural members shall be cut or penetrated without the approval of the Engineer in writing. The Contractor shall guarantee his entire installation to be free from defective materials or workmanship for a period of one year from date of final acceptance of the installation. The Contractor is required to provide all necessary cutting and patching that may be required for the installation of electrical work. Excavation, trenching and backfilling are specified in Con- tract No. 1 under the section entitled, "EXCAVATION, EARTHWORK, BACK- FILLING AND GRADING." The basic bid proposal shall be made on the basis of the equip- ment specified, when specific catalogue numbers are given. Substi- tutes on specified equipment will not be permitted unless approved by the Engineer in writing. The Contractor shall record installation details and the actual methods of installing conduits, panels, equipment, etc., and shall prepare "As -Built" drawings for this project, as outlined in the Supplementary Conditions. 3. WORK DONE BY OTHERS The following items of work will be by others: a. Installation of motors and motorized equipment. b. Installation of electrically powered appliances. C. Telephone instruments and wiring. d. Low voltage temperature control wiring, including thermostats, aquastats and P.E. and E.P. switches. e. Excavation, trenching and backfilling. EW - 2 of 12 I HOLZMACHER, McLENDON & MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ELECTRICAL WORK - CONT°D. The following equipment will be furnished by others, but re- ceived at the job site and installed under this section: a. Controllers for variable speed motor drives. b. Sump pump control panels and float controllers. 4. INCOMING SERVICE In general, service work shall conform to the drawings and shall include transformer pad and connections conforming to Utility Company specification, including transformer connections and wiring. Secon- dary cabling shall be phased per Utility Company requirements. The Contractor shall include in his bid an allowance of $1,500. to cover the cost of charges made by Village of Greenport for the installation of pole line materials beyond the first pole at the treatment plant, and for primary cable terminations made by the Utility at the last pole and service transformer. Primary con- ductors shall be furnished and installed by the Contractor between the last pole and the service transformer, to Utility specifications. The Contractor shall be reimbursed for the payment of these utility charges upon presentation of paid bills and receipts attached to a partial payment request. Any unused balance of this allowance shall be deducted from the amount due to the Contractor at the completion of the work. 5. CONDUIT, WIRE AND BOXES In general, all wiring shall run concealed, exposed, or in walls, floors or hung ceilings in all finished spaces. Wire shall be copper, type THW, #12 AWG minimum. Service entrance conductors to be type "USE". Conduits shall be run exposed in all mechanical spaces and shall be rigid heavy wall galvanized steel, except where "PVC" is indicated. Boxes shall be cast. Intermediate weight steel conduit may be used in doors, above grade. All conduits, boxes, fittings shall be made up tight and rigidly secured to the structure. Provide PVC coated elbows for all conduits, exiting upward from earth or concrete. Con- duits in finished areas in Control Building shall be run concealed. Wireways shall be 6" x 6" minimum, hinged cover type. EW - 3 of 12 C HOLZMACHER, MGLENDON & MURRELL, P.C. I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ELECTRICAL WORK - CONT'D. 6. LIGHTING FIXTURES The Contractor shall furnish, install and connect all lighting fixtures complete with lamps, hangers, fittings, etc., in accordance with the fixtures specified herein or in the drawings. 7. SWITCHBOARD, PANELS, MOTOR STARTERS, SWITCHES AND TRANSFORMERS Panels and switches shall be as manufactured by ITE, Cutler - Hammer, Westinghouse or equal, in accordance with the schedules on the drawing and provide -one (1) spare set of fuses for all sizes specified (fuses to be Fusetron, Buss or equal). Switches to be circuit breaker type, except for safety disconnect per code. Con- tractor to provide sizes per drawings and general requirements. 8. CONNECTION OF EQUIPMENT The Contractor shall connect each item of electrical equipment, whether furnished by him or not and leave it in an operate condition. Provide suitable type "SO" rubber cords and/or matching plugs for all items of equipment not appropriately furnished by the Manu- facturer. All non-portable motors shall be connected using liquid- tite flexible metal conduit. Air conditioning and heating equipment control shall be provided in accordance with manufacturer's diagrams and included in the con- tract as indicated on the drawings. 9. CONTROL STATIONS The Contractor shall provide all separately mounted.control stations shown on drawings or indicated on the schedules. Control stations shall be heavy duty NEMA 4 construction, single or in multiple, with appropriate nameplates indicating operation performed. Control stations shall be as manufactured by Allen-Bradley, Cutler - Hammer, or equal. EW - 4 of 12 HOLZMACHER, McLENDON & MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ELECTRICAL WORK - CONV D. 10. WIRING DEVICES All wiring devices shall be "Specification Grade", as manu- factured by Hubbell, A & H, Bryant, or equal. Switches shall be 15 ampere quiet type. Receptacles shall be 15 ampere duplex or 20 ampere single outlets. Plates shall be stainless steel. 11. IDENTIFICATION All feeder cables and control wires shall be tagged at terminal points and in all pull boxes. Panelboards, safety switches, remote starting control equipment, time switches, buzzers, bells and push- buttons shall have "DYMO" nameplates describing function, purpose or equipment controlled. Panelboard directories shall be completely typewritten, as to loads served. Metallic location tapes The location of all underground utili- ties shall be marked by the use of a continuous identifying tape buried in the trench above the conduits and shall be 12" below finished grade. The identifying tape "Terra Tape", as manufactured by Griffolyn Co., Somerset, or equal, shall be an inert material such as polyethylene plastic, highly resistant to alkalis, and/or chemical components likely to be encountered in soils. The tape shall be in bright colors for contrast with the soil, with identify- ing printing in black letters, one side only. The tape shall have printed thereon in two (2) rows with the word CAUTION on one (1) row and BURIED (type of utility) LINE BELOW on the other line. Tapes shall be supplied in continuous rolls. The identifying letters shall be repeated continuously the full lengths of the tape. Tapes shall be color coded as directed by the Engineer. 12. COLOR CODING AND TESTS Contractor shall color code each phase and carry code to each panelboard and motor switch. Test shall be made by the Contractor at the direction of the Engineer, when equipment operation is faulty. 13. GROUNDING All electrical installations shall be grounded in accordance with Article 250 of the National Electrical Code, local inspection authori- ties and the requirements of the electrical utility. EW - 5 of 12 HOLZMACHER, McLENDON & MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ELECTRICAL WORK - CONT'D. 14. SHOP DRAWINGS Contractor shall furnish shop drawings, manufacturer's cuts and catalogs of all equipment furnished by him as follows: Service equipment, MCC switchboards, transformers, panelboards, cabinets, disconnect switches, alarm panel, lighting fixtures, lighting switches and receptacles, engine generator set and accessories, etc. 15. TEMPORARY LIGHT AND POWER ` Provide a system of temporary lighting and convenience outlets throughout the building and to construction trailers, conforming to NEC, OSHA and Union minimum requirements. The work shall include all fees by the Utility Company for their work on this project. Service shall be 200 ampere minimum. All temporary wiring shall be removed when permanent systems are operable. (See Supplementary Conditions). 16. CLEANUP At the completion of the job, Contractor shall clean up all equipment, or store same, including scratches, dents, Rustoleum paint touch-up, etc. 17. MOTOR CONTROL CENTERS Motor control centers shall be furnished in accordance with the schedules on the drawings and as specified herein. Control centers shall be the manufactured standards of Westinghouse, Cutler - Hammer, ITE, or equal. Manufacturer shall provide all remote oper- ator control stations (NEMA 4) and devices. I1. Rating and Construction Requirements: (a) Unit shall be free standing on two (2) 4' channels with integral sections bolted together, with provision for future sections, as shown on the drawings. (b) Unit shall be 90 inches high, 20 inches deep with 20 inch wide sections. Special equipment may require 30' or 36' wide sections. Back-to-back units shall be independent, except for bus connections. All compartments shall be arranged for front access. EW - 6 of 12 HOLZMACHER, McLENDON & MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ELECTRICAL WORK - CONT'D. (c) Construction shall be dead front, NEMA Class 1, Type B, with all internally mounted devices prewired in accordance with NEC and control diagrams furnished. Manufacturer's diagrams shall°show externally connected devices and terminal numbers, per wiring diagram on drawings. (d) Voltabe shall be for 60 cycle for the Treatment Plant. ground bus throughout all sections. cated on the schedules. a 277/480 volt, 3 or 4 wire supply, Unit shall contain a continuous Ampere rating shall be as indi- (e) Vertical and horizontal bus bars shall be braced for 22.000 I.C.S. unless noted. (f) Compartments shall have hinged doors, with "padlock off" provisions on all disconnect handles. Compartment doors shall be locked closed with handles in the "on" position, except that a "defeater" mechanism shall provide access to authorized personnel. (g) No.more than six (6) compartments shall be provided in any vertical section. Where additional compartments or sections are needed for a manufacturer's standard design arrangement, they shall be provided. Scheduled "spaces" shall, in general, be included and main- tained as such with full busing for future adtition of starter units. (h) 1" x 2" phenolic white on black nameplates shall be provided for each compartment. 2.. Component Specifications (a) Incoming line section shall include a fixed main circuit breaker which shall have a rating of 22,000 I.C.S. minimum and ampacity as listed in the Schedule. Breaker shall be fitted with alarm contacts. (b) Ammeters shall have selector switch, single phase. In- stantaneous meters and scales calibrated to the C.T. rating, 3 in line C.T.S. shall be provided sized equal to the main bus capacity with a 5 amp. secondary. Voltmeters shall have selector switch, single phase instantaneous meter and bus voltage scale. Provide two 480/120 volt fused P.T.S. voltmeters, to be connected ahead of the main circuit breaker. (c) All feeder breakers shall be thermal magnetic, 100 ampere frame, 22,000 I.C.S. minimum at 480 volts. hw - "/ of 12 Hl1LLMAl.HLK, ML;L01WUN 6, MUMMLLL, r %,. / nem wnr. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ELECTRICAL WORK - CONT'D. (d) Motor starters shall be the combination thermal magnetic circuit breaker type for reversing, non -reversing, multi -speed or re- duced voltage auto transformer starting as indicated on the schedule. Each starter shall be equipped with three (3) externally reset overload relays, a fused 120 volt control circuit transformer, a green "push -to - test" running light, a control switch, an elapsed hour meter and certain auxiliary devices indicated on the schedules. Elapsed hour meters shall be 6 digit non -reset type mounted on compartment door. Time delay re- lays shall be adjustable type. Provide a N.O. and N.C. contact in ad- dition to those required for interlocking or auxiliary devices. Con- trol wiring shall, in general, conform to control disgrams indicated. Motor starters shall be a minimum of size 1 with circuit breakers ade- quately sized for the horsepower indicated. However, final horsepower sizes shall be verified with the motor supplier - Starter assemblies shall be integrally packaged on re - moveable pans. (e) Auxiliary terminal strips shall be located in either the top or bottom wiring channels, or blank compartments. (f) Specified lighting, power and utility panels, trans- formers, auto transfer switches, or other devices shall conform to the schedules and respective requirements for such items, as listed elsewhere in these specifications. (g) Furnish two (2) sets of spare fuses for each size used in MCC. 2. Installation and Wirin (a) Contractor shall coordinate the overall size of the con- trol centers and the base and clear dimensions available. Concrete base shall be at least 3" high and' shall extend 3" beyond the unit on at least three (3) sides. Unit shall be so positioned as to permit addition of a future cubicle. (b) Control center sections shall be assembled, set and inter -connected, plumb and true, as a single integral assembly. (c) Conduits entering from below shall have ground bushings and each shall be grounded to the unit ground bus, in an approved manner. ,(d) Control wiring connections shall be made in accordance with drawings. However, where a manufacturer's diagram is furnished showing modified wiring schemes, the Engineer shall be notified to determine the proper wiring required. EW - 8 of 12 HOLZMACHER, McLENDON & MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ELECTRICAL WORK - CONT'D. (e) Control center shall be wiped clean internally and externally and have rubbish and wire clippings removed, prior to energization. Exterior surface shall be washed clean of dirt, dust, plaster and film. (f) Contractor shall provide tagging for operational use and acceptance of motorized equipment. Every motor starter shall be red tagged "DANGER - DO NOT USE" until tested and verified as oper- ational by the Resident Engineer who shall check overload heaters, motor rotation and proof test control circuitry, C.B. trips and ground fault settings. A green tag shall be provided to replace the red tag when verified as operationally ready. This green tag shall be signed and dated by the Resident Engineer and remain in place for the duration of the contract. This procedure is for safeguarding equipment and personnel and does not constitute beneficial use date or final acceptance. (g) Contractor shall provide a full length, 36" wide rubber mat in front of the motor control center and control panel assemblies, extending 12 inches behond panels in each direction and cut as neces- sary to clear obstacles. 18. AUTOMATIC TRANSFER SWITCH Automatic transfer switch shall consist of two (2) motor driven, mechanically interlocked NON -TRIP circuit breakers comprising the contacts and transfer mechanisms and integral supervisory circuits and controls to start engine operator and initiate transfers. The automatic transfer switch shall be Westinghouse, Robonic, ASCO, or equal, and shall be in a NEMA 1 enclosure or control center. The transfer switch shall include the following control functions (un- less otherwise noted on the schedules): (1) Time delay for engine starting (3 seconds). (2) Time delay normal to emergency transfer (4 seconds). (3) Time delay emergency to normal transfer (30 minutes) with 1 second intermediate pause (both circuits open). (4) Time delay for engine cool off - 0-5 minutes. (5) "Off, Test, Auto, Engine Start" test switch. (6) Auxiliary 6 pole relay for engine auxiliaries (engine run relay). EW - 9 of 12 0 l I' HOLZMACHER, McLENDON & MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS EW - 10 of 12 ti HOLZMACHER, McLENDON & MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ELECTRICAL WORK - CONT'D. 20. TELEPHONE SYSTEM CONDUITS a. Furnish and install a system of empty conduits (with drag wires), 3/4" plywood backboards for main terminal strips, flush wall or floor outlets and bushed plates or stanchions set to receive Tele- phone Company instruments and wiring as shown on the plans. b. This Contractor shall consult with an authorized Telephone Company representative regarding the new telephone system and the routing and trade size of all telephone conduits before proceeding with the work. All excavation work and backfilling for telephone services shall be performed by this Contractor. 21. LIGHTNING AND SURGE PROTECTION This Contractor shall furnish and install lightning and surge pro- tectors for the following equipment: (1) All remote signal transmitters and receivers. (2) All low voltage panelboards: a. Single phase 120/240 volt, 3 wire b. Three phase 120/208 volt, 4 wire EW - 11 of 12 f AN Q HOLZMACHER, McLENDON & MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL 'SCIENTISTS ELECTRICAL WORK _ CONT'D. (3) All AC circuits for instruments, electronic control de- vices and sensitive meters when mounted remote from panelboards (50 feet or more) shall be separately protected. Low voltage surge protector for signal lines ((1) above) shall be Tll - 340A (20), as manufactured by Telecommunications In- dustries Inc. or Joslyn, to protect panelboards. Provide the following: For (2) a., above, Joslyn Cat. #J 9200-10, Eagle Control Cat. #SA -20, or equal. For (2) b., above, provide three (3) each as specified. For (3) above, provide power line surge protector Tll- 411 B-(20) for single phase 120V and three (3) Tll-410C-(15) for 3 phase 208 V, 15 ampere circuit. Power surge arresters for surface mounted panels shall be mounted in wall of box. All units furnished shall be UL listed, REA approved and meet applicable standards of ANSI, NEMA, I EEE and OSHA. EW - 12 of 12