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Scavenger Waste Treatment Facility Contract No. 2, 3, 4 - 1983
' s ? TOWN CLERK New York State De;-zrtment of Fnvircniacrtal �:onservaiion Jtiai_th Terry Division of Ccr•str_� inn' T 1�,naQoment iyr� �{J' • - 1, � - , Bureau of ConsLucti6n Activities 'JUNE 19'83 3la-G-- Aporoved-_-�"--------� "y Raeornmended for A pr�val _T � - LD ---�'------------ - - SUFFOLK COUNTY- NEWYORK WASTEWATER DISPOSAL DIS'T'RICT LAY 'SCAVENGER WASTE -TREATMENT FACILITY ' FEDERAL PROJECT Nom. C-:��-11?0-0'' n ri'' ''.;; -PROJECT 'N0. S_ UNT 82-Q6 CrJN„RACT tvC' 2 - HEATING, V=i` TI I,ATION & iIR CON= .'IVIG , a.,' ;x, "i COI1i`? R. i:,T N-0 3 — PT' L N1G 'CON -TRACT NO, z L- R ��- ..-.w N OF 77 1N': SUrPERVISOR William R. Re11, -"III ��SYONAL�� R:,, 0'k COLI_IL M E MMB RS Lawrence MurdockJohn. Nickles Francis Murphy jcs6ph L. Townsend ' s ? TOWN CLERK Jtiai_th Terry - iyr� �{J' • - 1, � - , .� 'JUNE 19'83 f HOLZMACHER,McLENDIONand MURRELL,P.C. Consulting Engineers, Environmental Scientists and Planners Melville, N.Y. Farmingdale, N.Y. • Riverhead. N.Y. INDEX 4 11 HOLZMACHER, MGLENDON & MURRELL, P.C. / 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. 2 - HEATING, VENTILATION & AIR CONDITIONING CONTRACT NO. 3 - PLUMBING CONTRACT NO. 4 - ELECTRICAL 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 SUPPLEMENTAL REQUIREMENTS BUILDER'S RISK INSURANCE QUALIFICATIONS OF BIDDERS GENERAL CONDITIONS GENERAL SPECIFICATIONS PROPOSAL-� METHOD OF PAYMENT CONTRACT PAGE DESIGNATION I - 2 pages NB - 1 page IB - 20 pages IFB - 1 page CNSF - 1 page MBER - 26 pages LS - 4 pages EF - 2 pages CP - 1 page Ml - 1 page M2 - 24 pages A29 - 2 pages SR - 1 page BRI - 1 page QB - 1 page GC - 9 pages GS - 6 pages P -A thru P -D - 8 pages MOP - 4 pages C - 28 pages TECHNICAL SPECIFICATIONS - HVAC SCOPE OF WORK - HVAC SOW -HVAC - 2 pages HEATING, VENTILATION & AIR CONDITIONING HVAC - 6 pages I - 1 of 2 r V INDEX (CONT'D.) HOLZMACHER, McLENDON & MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS TECHNICAL SPECIFI'CATION'S - PLUMBING SCOPE OF WORK - PLUMBING WATER SERVICE WATER SERVICE AND APPURTENANCES - TRENCH COMPACTION WATER MAINS AND APPURTENANCES - POLYETHYLENE WATER SERVICE TUBING WATER METER AND ACCESSORIES PLUMBING - PLUMBING WORK -FLOOOR DRAINS - SERVICE SINKS PORTLAND CONCRETE CEMENT PAVEMENT REMOVAL AND REPLACEMENT SOW -P - 1 page WS - 6 pages TC - 2 pages PWST - 4 pages WMA - 1 page PW -FD -SS - 3 pages PR&R - 2 pages TECHNICAL SPECIFICATIONS - ELECTRICAL SCOPE OF WORK SOW -E - 2 pages ELECTRICAL WORK EW - 9 pages I- - 2 of 2 HOLZMACHER, MCLENDON & MURRELL, P C. CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS -C 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 thanll:00 A.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 - GENERAL CONSTRUCTION AND MECHANICAL WORK CONTRACT NO. 2 - HEATING, VENTILATION AND AIR CONDITIONING (H.V.A.C. CONTRACT NO. 3 - PLUMBING CONTRACT NO. 4 - EL'ECTRICAL 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 for bids, instructions to bidders, Form of Proposal, bid conditions, Form of Contract, plans and specifications, etc., may be�seen at or procured from the Office of the Engineer, Holzmacher, McLendon & Murrell, P.C., 125 Baylis Road, Suite 140, Melville, New York, 11747, after 11:00 A.M. prevailing time on , , 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 33.295, Subparts F and G. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHOLD SOUTHOLD, NEW YORK NB - 1 of 1 HOLZMACHEH, MCLEN�ON & MUHHELL, P C ■ 2/4A co—K11NO4MWM1M 604M14TO M.I�a.lq INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold will, receive. SEALED PROPOSALS for the Southold Wastewater Disposal District - Scavenger Waste Treatment Facility: TIME AND PLACE OF BID Bids are 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 11:00 A.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. BID 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,°Contract No. 11 (Name of Contract) , Southold Scavenger /Waste Treatment Facility , Town of Southold, Suffolk County, New York", but otherwise unmarked. If mailed, this envelope shall be placed in another envelope addressed to Town Clerk Judith T. Terry, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Use of the mails is at the Bidder's risk. CONSULTING•CT101Ni1AS MHO INVIN0NMCI4TAI [CIINTIBIS INFORMATION FOR 7SIDDCRS (CONT' D. ) SPECIFICATION DEPOSITS (a) Deposits for specifications will he completely refunded to Bidders who return same in good condition within ten (10) days after ount r•pt ofcations returnedidders will afterreceive (10)one-half and befodeposit thirty'n(30) turspecf.i days following the bid date. (b) Deposits for specifications will be completely refunded to non -bidders who return same in good condition within 48 hours of receipt of said specifications. Non -bidders will receive one-half the deposit amount for specifications returned in good condition within ten (10) days following the bid - date. No deposit for specifi.ca- tions will be refunded to non -bidders after ten (10) days following the bid date. ID -2 Ir) U HOLZMACHER. McLENOON 6 MURRELL. P C ■ 2A4 C4).9 T_GIpWM\N.�pVMO.M�, p1Al WK.T.6's �FlA_14" INFORMATION FOR BIDDERS (CONTID.) 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, phone numbers 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. 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 r2 price bid is lower than the minimum allowed, the bid price will be ad- justed upward to the minimum allowable price and when the price bid is higher than the maximum allowed, the bid price will be adjusted downward to the maximum allowable price. SOHT IB -3 I+OLZMACIIER. McLFNDON 6 MURRELL. F.C. / I12M CORP. CONWLnNO 01O1NELAl1 AND UIVIAONMCNTAL VC10411ST7 INI:0101AI'It1N FOR II111111:I:ti (CON] 'I1. 1 I:ah hbidder' shall fi Il out, i11 ink, i11 110111 worts and figal res , in the CII id 11r•uvideJ, h�i. unit or lump sura 11i1t :, as he Case m:1y he. Cur caCh item in sail 1:01,111of I'r0llosal for whit°h he is sttb11litting a bid. No bit All be Considered whiCII i t anti J0Cs nut inr: lud. e hits for all � t rcane_o -Lofi l e t 1.011in tile 1I-r011os:ll_, !jLLdd l - If the bid is not accepted by the•,Town within forty–five (•151 days :11*ter the receipt of` bids, the ohl igat ion of the bidder' under this I1roI10sal play terminate at his 011ti0n and Ile shall tllerc- 111)011 lie clic i tied to a refund of his Cj2rt i f ict check or release 01' his bid bond furnished by fail', :Is security with 11is I►I•ctltosal. Il I if BOND Illi ---Each 11rul1us.11 i r0m 1 Contractor shal 1 be accon111anictl by a bill bond or certi fiecl cheCL 011.1 Solvent bank of the Stat(- 0f Nrw 1'.ork, in the amount of five IlerCellt (S ) of the tot.11 bit. SIICl1 Chh cCk sall be 111ac1c 11.1y;11t lc to William R. Pell III, Supervisor, Town of Southold, iJew York, Intl talc a11louilt tliereof steal l be the mcasure of l iiluielate.d Janla6cs which the 'Coven wili sustain by the f:liltlre, neglect or refusal of the bidder t0 cxcru[t• aniI dclivc`i the Contract., .;Iloulcl talc contract be awarded to 11im. The Checks 0C all unsuCCCSsful bidders will be returncel up011 tileI•c,jection or bids and the execution of the Contract by the 1larties; also, the check of the successful bidder %4i l l be returned upon the cxecutioll of the Contract ant the furnishing of the reclu i rCt bond. NAHE 01: B 1 DDI. -.11 Each h i ddcr must s t:'I1 e ill 11 i s I1 rollusa l , his full name :Int bus i - ncss aildl•css. and the lull ,na111e 01, every Ilers0n, 1°irin or' corporation interested in the same. and the address of every I1erSon or Cjrm or Ilresident and s�•crctary of every corll0ration intcr'cstcd t:ith him. If As the est inlatcs 0f elu:Inl i t 'es ol° i tams stated in the 11rollusaI a re .11111 rox i 111.1 t o ull I y, 11 i Jde rs a re 1-celu i red to stll+nl i t i t 11e i t I1 relllus.l 1 S11a 1 1 .11,111 y allt1- tllloll :laid 111 t lie 1*01 10%1ili ; C\I)1'CSS Conti i t i oils , 1411 C11 I1(`COIlIC a Ilart O1 every I11',OI1USal received. I:ah hbidder' shall fi Il out, i11 ink, i11 110111 worts and figal res , in the CII id 11r•uvideJ, h�i. unit or lump sura 11i1t :, as he Case m:1y he. Cur caCh item in sail 1:01,111of I'r0llosal for whit°h he is sttb11litting a bid. No bit All be Considered whiCII i t anti J0Cs nut inr: lud. e hits for all � t rcane_o -Lofi l e t 1.011in tile 1I-r011os:ll_, !jLLdd l - If the bid is not accepted by the•,Town within forty–five (•151 days :11*ter the receipt of` bids, the ohl igat ion of the bidder' under this I1roI10sal play terminate at his 011ti0n and Ile shall tllerc- 111)011 lie clic i tied to a refund of his Cj2rt i f ict check or release 01' his bid bond furnished by fail', :Is security with 11is I►I•ctltosal. Il I if BOND Illi ---Each 11rul1us.11 i r0m 1 Contractor shal 1 be accon111anictl by a bill bond or certi fiecl cheCL 011.1 Solvent bank of the Stat(- 0f Nrw 1'.ork, in the amount of five IlerCellt (S ) of the tot.11 bit. SIICl1 Chh cCk sall be 111ac1c 11.1y;11t lc to William R. Pell III, Supervisor, Town of Southold, iJew York, Intl talc a11louilt tliereof steal l be the mcasure of l iiluielate.d Janla6cs which the 'Coven wili sustain by the f:liltlre, neglect or refusal of the bidder t0 cxcru[t• aniI dclivc`i the Contract., .;Iloulcl talc contract be awarded to 11im. The Checks 0C all unsuCCCSsful bidders will be returncel up011 tileI•c,jection or bids and the execution of the Contract by the 1larties; also, the check of the successful bidder %4i l l be returned upon the cxecutioll of the Contract ant the furnishing of the reclu i rCt bond. NAHE 01: B 1 DDI. -.11 Each h i ddcr must s t:'I1 e ill 11 i s I1 rollusa l , his full name :Int bus i - ncss aildl•css. and the lull ,na111e 01, every Ilers0n, 1°irin or' corporation interested in the same. and the address of every I1erSon or Cjrm or Ilresident and s�•crctary of every corll0ration intcr'cstcd t:ith him. If C0443ULnNo CMOINCLAa AND (NV1110NMCNTAl aCIINT16Ta I NFORNA,r f ON FOR It 1 11111;11 (CONT' Il . ) no other person be so interested, he midst distinctly state that fact, also that his proposal is made without any connection directly or in- directly with any other -bidder for the work particularly mentioned in • his proposal; that it is in alJ respects without fraud or col lu::ion, and that no person acting for or employed by the Town is directly or indirectly interested therein, or in the supplies of work to which it relates, or in any portion of the prospective profits thereof. 4UALTFTCATIONS OF BIDDERS (l) The Town reserves the right to waive any informalities in, or reject any and all bids. The Town reserves the right to rc- ject any and all bids which do not conform to the proposals, or upon which the bidders do not comply with the requirements of the Town as to their qualifications. (2) All hidders must prove to the satisfaction of the Town that they are reputable, reliable and responsible, and that they pos- sess the necessary qualifications to successfully deliver the proposed equipment, and that they have performed and completed successfully similar work to an extent: which, in the opinion of the Town, will qualify them by experience to perform the work which is proposed. (3) In determining the qualifications of a bidder, the Town will consider his record in the performance of any contracts entered into by him for the work contemplated or of similar nature may make 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) The Town shall 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 performance of contracts, payment of bills and meeting of obligations to subcontractors, material - men or employees is not satisfactory to the Town, or if the evidence submitted by or the investigation of such bidders fails to satisfy the Town that he is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. (5) The contract award will be made to the low, responsive, resp- onsible bidder in accordance with N.Y.S. General Municipal Law, Section 103. GUARANTEE BOND The successful bidder shall be required to furnish at the execu- tion of the contract an executed bond of a surety company authorized I11 -S ►f(JLLAAALMLN, CONlUMNa c mum As MIO (NVIIIONMENTAL OCILNT6679 10t)ItMATION FOR BIDDER (CONT. IN to do business i.n the State of New Ytirk and apl►ruved I►y the '1'0%%" "11 an amount equal to one hundred percent (10110) of the total amoiuit of the contract guaranteeing to the Town the I'aithiul perfuruia"cc of tilt: contract, and payment of :111 Claims for materials, 1.11101- and wages in connection thet'L:with. 5 [ G,NATLIIZE Or CONTRACTOR The bi Llde r to whom a contract sully be awarded shall a t tend at the office of the Town, with the sureties offered 11-y him, jj;ithin ten (10) days, Sunday excepted, after the date of notification by mail of the acceptance of leis proposal., and there sign the contract in quadruoli ca to for the work. In case•of failure to do so, the bidder shall be cc1nsidcred as having abandoned the same, and the check accompanying his proposal shall he forfeited to the 'town, or the penalty of the bid bond shall be invoked. CO1N'rRACTOR IS I IVSIIRANCE The contractor shall not conuncnce any work tin -ti 1 he has ohtained and had approved by the 'Town all of the insurance specifjed and required in the contract. WAIVER Ol" 11411JNITY Attention of. the bidder is hereby directed to thu e rcqireonents of the General Municipal Law of the State of iJewYork g ,Ijaivand in er�•otcular to Section 103-a of the General Municipal. Law regarding Immulii.ty,,, as indicated on Page C-8 of the contract. RESPONSIBILITY 1:011% BIDDER Attention is hereby p.1rticularly directed to the provisions of will for any loss the contract whereby the contractor be rc;l�onsible or damage that may happen to the material or any hart thereof .during i.ts delivery; and also whereby the contractor ;hall make good any defects�or faults due to materials or workmanship within twelve (l?) months after its delivery, placement, and acceptance. LON®ULnma o4at"icA® ANO [MVI®IONMEt4VAL OCUNTIOIO ID -7 State,of New York Bureau of Public Work Department of Labor tn, t : State Office Building Campus 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: 1. 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 fess 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 maybe 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 - e (d) ) IB -8 PW -3 (9-82) Gas/Oil Well Driller °° Helper/Tool Dresser We I I Dri I Ier(Water) PRCVAILIIIG RATC SCIICDULC 2.250 Helper State of New York Case Number Pump Installer 3.500 Bureau of Department of Labor ELECTRICIAN G-1. 445, ------------------------------ Te I epl10ne-Insta I I /Repai r 14. 000 Public Work 17. 200 8301'336 1.118 .250 I-1. 72,H-. 10, J-. 516, SUFFOLK COUNTY 1't 990 1.345 .950 I-1 11t, F-. 035, VILLAGE OF GREI:NPORT 1. 345 950 I-1. 14, F-. 035. Prev- SUPPLEMENTAL BENEFIT PAYMENTS alIIng OCCUPATIONS wage health basic and pen- suppl. other supplements hourly welfare Sion unemp. rate CA) (B) CC) (D) through (M) ° ASBESTOS WORKER Asbestos Worker 15. 640 1.140 1.410 I-2. 15, G-1. 58, Insulator InsuIator ----------------------------- ------------------------------- 15. 640 1. 140 1. 410 I-2. 15, G-1. 58, BOILERMAKER Hoi lermaker 17. 120 850 1. 710 Z-2. 57. H-. 04, G-1. 20, CARPENTER Carpenter(Bldg. ) 16. 150 1.870 2.130 Floor Coverer 14. 90U 1. 850 1.330 Carpet Layer 15. 9110 1.970 1.480 Y-1. 05. H- 10, G-1. 15. Dry-wa I I Applicator 14. 650 1. 530 2. 030 I-. 35, H-. 04, G-. 90, Mi I I wri ght 16. 450 1. 970 1.480 I-1. 25, H-. 07, D-. 03. G-1.61. Carpenter (Hvy/Hwy) ------------------------------ 13. 450 1.531) 2 030 I-. 35. H-. 04. G-. 90, Pl I edri ver 1S. 950 1.97D 1.480 I-1. 05. H-. 10, G-1. 15, Dockbui l der 14. 860 1. 850 1.3311 I-. 90, H- 10,G-1 US, T i mberman 13.790 1.850 1.330 I-. 90. H-. 10. G-1 05. °° He I per 13. 320 1. 970 1. 480 MARINE DIVER Mari ne Di ver 19. 290 1. 970 1 480 . 035 I-1. 05, H-. 10. G-1. 23. Tender 15. 090 1. 970 1. 480 .035 I-1. U5, H-. 10, G-1. 23, n DRILLER Core Dri l ler 11.305 1. 000 .740 G-.191 Helper 9. 845 ------------------------------ 1 000 740 G-19. Gas/Oil Well Driller °° Helper/Tool Dresser We I I Dri I Ier(Water) ------------------------------ 13.100 1.179 2.250 Helper 11. 100 . 999 2. 250 Pump Installer 3.500 .'460 .000 ELECTRICIAN G-1. 445, ------------------------------ Te I epl10ne-Insta I I /Repai r 14. 000 EI ectri cl an 17. 200 1. 554 1.118 .250 I-1. 72,H-. 10, J-. 516, G-1. 634. °° Mai ntenance ------------------------------ 13. 800 1.104 .621 I-1. 104, H-. 086, J-. 41 G-1. 035. Applicable on traffic signals and street lighting only ------------------------------ Sound/Audi o-Insta I i /Repal r 17.000 1.060 1.060 I-1. 57. F-. 17. M-1. 14, - G-1. 445, ------------------------------ Te I epl10ne-Insta I I /Repai r 14. 000 2 016 2. 296 J-. 22't, F-. 14, G-1. 484 ELEVAIOR E l evat or( Construc-ti on) 1't 990 1.345 .950 I-1 11t, F-. 035, He I per it 240 1. 345 950 I-1. 14, F-. 035. Elevator(Modernization) °° He l per azicr 14 't00 1. 3't5 1. 085 10. 800 1. 3`t5 1. OS15 15 250 .660 710 I-1. 00, F-. 035, I-1. 00, F-. 035, I-2 00, H-. 01, G- 92, Structural 14 400 1. 860 2. 800 I-3. 85, H- 11, G-2. 00, Ornamental 15 120 1.210 1 550 I-2. 00, H-. 10, G-1 00, Ri 9ger 15. 730 1. 230 1. 770 I-2. 00, Hl 10, G-2. 00. Chain Link Fence 15.430 1.300 1.850 I-2 OCCUPATIONS APPLICABLE TO BUILDING AND HEAVY / HIGHWAY CONSTRUCTION SCHEDULES Page 1 �� SURVEY z - B (HEAVY/HIGHWAY) PREVAILIUG RATE SCIICDULE State or New York Case Number 1. 267 Bureau of Department of Labor 12. 950 1.760 1.200 .500 Public Work Pipe 1 ayer 83013361 .975 1.267 M-. 10. G-. 75, SUFFOLK COUNTY 1.000 1. 450 I-. 50. G-. S0, VILLAGE OF GREENPORT .927 1.339 M-. 103, G-. 75. Prev- SUPPLEMENTAL BENEFIT PAYMENTS G-. 82. ailing 10.400 1.0It0 1.352 OCCUPATIONS wage health 1.016 1.320 M-. 10. G-. 75, basic and pen- suppl. other supplements M-. 109. G-. 7S. hourly welfare slon unemp. 1.267 M- 10.G-.751 rate CA) CB) CC) CD) through (M) LABORER (BUILDING) Bas 1 c 11. 740 1. 530 1. 530 M-. 10. G-1. 00, Mason Tender 11. 740 1. 530 1. 530 M-. 10. G-1. 00. PI pe I a y e r 12. 950 1. 760 1. 200 500 Concrete 12. 740 2. 050 1. 530 M-. 10.G-1. Co. Power. Ai r Tool 12.360 1.320 1.790 I-. S0. G-2. 00. Asphalt Raker 10.991) .989 1.428 M-.109.6-. 75, Asphalt Tamper 10.760 .968 1.398 M -.107,G -.7S. Blaster 14.440 1.320 1.790 I-. S0. G-2. 00. Demol l ti on 10.900 ------------------------------ 1. 250 1.700 F-. 03. G-1. 00, (HEAVY/HIGHWAY) Bas i c 9. 750 975 1. 267 M-. 10. G-. 75, Flagman 12. 950 1.760 1.200 .500 1-1.15. Pipe 1 ayer 9. 750 .975 1.267 M-. 10. G-. 75, Power, Ai r Tool 10.850 1.000 1. 450 I-. 50. G-. S0, Concrete 10.300 .927 1.339 M-. 103, G-. 75. Wagon Dri I I 11. 550 1.110 1.110 G-. 82. Asphalt Raker 10.400 1.0It0 1.352 M -.10.G-.75, Asphalt Tamper 10.160 1.016 1.320 M-. 10. G-. 75, Formsetter 10.1390 .989 1 428 M-. 109. G-. 7S. Blaster 9.750 .975 1.267 M- 10.G-.751 LATHER Lather (Wood, Wire) 17. 280 1. 325 .985 I-1. 60. H-. 01. D-. 02. G-. 75. Reinforcing 15.720 1.325 .935 I-1. 60, FI-. O1, D- 02, G-75, MASON Br i ck I ayer 15. 220 1. 780 2. 300 I-2. 05, H-. 04, Cement Finisher (BI dg. ) 16.520 1.990 2.351) H-. O1, G-1. 00, Plasterer 13.450 2.450 .000 H-.01,13- 01,G-1 95, Tuck Pointer 14.000 1'. 500 1.900 I-1. 00, H-. 07, G-1. 35, Mosaic/Terrazzo Wkr 15.990 1.170 1.500 . 4S0 G-1.00. Terrazzo Helper 14.5S0 1.1713 1.S00 .4S0 G-1 001 Ti lesetter 13.800 1.600 1.350 G-1. 085, Ti lesetter Helper 10.960 1.305 1.020 Derri ckman 1S.230 1.230 1. 510 I-1. 50, H-. 10, G-2. 00, ------------------------------ Cement Fi ni ni sher(H/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. 2It- 0 1. 000 H-. 23, G-. 60, Bridge 15. 280 1.15180 .990 I-1 53. H-. 075, G- 46, Sandblaster 15.280 1.61%0 .990 I-1. 53, H-. 0 7S. G- 46, Paperhanger 15. 280 1. 330 1 330 I- 93, H-. 01, G- 56, Drywall Taper 13 990 3.240 1.000 ------------------------------ Strip1ng Mach. Oper (H/H) 10.900 .760 .740 Li nerman (H/FI) 10 900 .760 71h0 VI umber 14. 600 1. 050 2. 300 I-. 571, H-. 37, G-1. 30. ROOFFI koofer 12. 740 1. 610 1 560 I-1. 18, H-. 03, G-2. 00, SHIEL'fYE'fa�L WORKER-- Shectmetza 1 Worker 16. 206 1.764 1 828 2S0 H-. 187, J-1. 258, D-. 08 G-. 25, ------------------------------ Si gn Erector (FI/H) 12. 950 . 910 1. 230 I-. 57, H-. 02. M- 88, OCCUPATIONS APPLICABLE TO BUILDING AND HEAVY / HIGHWAY CONSTRUCTION SCHEDULES Page 2 IB -10 SURVEY n - 13 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or. after July 2,1979 PRCVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Excavation 10.52S Public Work 2.832 8301336 1-1.00, Euclid SUFFOLK COUNTY Other 10.525 VILLAGE OF GREENPORT 1-1.00, TREE TRIMt.ING_ Prev- SUPPLEMENTAL BENEFIT PAYMENTS al I I ng 12.030 .000 .000 OCCUPATIONS wage health 9.300 000 .000 basic and pen- suppl. other supplements hourly welfaro Sion unorep. • Waterpr oof er 1IF. S20 rate CA) (B) CC) (D) through (M) SPRINKLER FITTER 1'F. 520 1 250 2. SOO Sprinkler Fitter 17.320 1.000 1.180 1 250 F-. 07, K-2. 50, G-1. 00, STEAMFITTER I-1.SO,J-1 SIt,F- 08, Steamcleaner(Mason) 15.120 1 2SO Stuamf I t -ter 17.320 1.000 1.180 WELDER F-. 07, K-2. 50, G-1. 00, SURVEYING Welder SURVEY CREW (Highway & Heavy only) 2. 550 I-3. 35, H- 11,G-2 00, Party Chief 12.430 .900 .700 I-2. 00. H-. OS. G-. 70, Instrument Man 10.390 .900 .700 I-2. 00, H-. 115, G-. 70, Rodman/Chas nman 9. 000 . 900 . 700 14.85S 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 G12 2.832 1-1.00, Euclid Other 10.525 1.612 2.852 1-1.00, TREE TRIMt.ING_ free Trimmer 12.030 .000 .000 Groundman. Dr i ver 9.300 000 .000 WATERPROOFER • Waterpr oof er 1IF. S20 1. 2SO 2. 500 I-1. 50, J-1. 54, F- 08, Tuck. Pointer 1'F. 520 1 250 2. SOO I-1. 50. J-1. 54, F- Olt, Sandblaster(Mason) 15.770 1 250 2 SOO I-1.SO,J-1 SIt,F- 08, Steamcleaner(Mason) 15.120 1 2SO 2 500 I-1 SO,J-1 54,F- 08, WELDER Welder 13.900 1.860 2. 550 I-3. 35, H- 11,G-2 00, OPERATORS OF POWER E(:UfPMENT POWER EQUIP. OPER. (BLDG) Backhoe 14.85S 1.11-26 2.500 200 H-. 25, M-. 15, G-1. 00, Bu I 1 dozer 15. OSS 1. 4IFIF 2. 750 200 H- 25, M- 15, G-1 00, Compressor 11F.155 1.363 2. 500 .200 H-. 25, M- 1S, G-1 00, Crane lit 605 1. 432 2. SOO 200 H-. 25, M-. 15, G-1 00, Fireman 13. S SO .800 .800 I-2 D0, 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. 9SO 1. 435 2. 750 200 H-. 2S, M-. 15, G-1. 00, Grader 13.820 .800 .800 I-2 00, H-. 10, G-. 70, Hoist Opr. 15 480 1.483 2 7SO .200 H-. 25, M-. 15, G-1. 00, Mixer (A I I) 13. SSO .800 .800 I-2. 00, H- 10, G-. 70, ` Oi I er 13. 0 S Sr 1. 270 2 SOO 200 H-. 25, M- 1S, G-1 00, Pi I edri ver IIF. 090 1 2110 1 0 S 0 I-2 25. H- 10, G- 75, Pump 1S 40S 1 476 2 7 S 0 200 H- 25,M- 15, G-1. 00, Rol Ir 16.21;a .930 1 630 1 200 H- 37. Scrapor & Pan 13. 820 . 800 . 800 I-2 00,H- 10, G-. 70, Shovel 14.820 1.200 1 050 I-2 25, H-. 10, G- 75, Tractor 14 3U5 1.377 2.750 200 H-. 25, M- 1S, G-1 00, T r e n c h i ng Maclii nu 14. 370 1 200 1. 050 I-2 2S, H- 10,G- 7S, ------------------------------ CONTINUED OCCUPATIONS APPLICABLE TO BUILDING AND HEAVY / HIGHWAv CONSTRUCTION SCHEDULES Page 3 SURVEY u - B IB -11 State of New York Department of Labor OCCUPATIONS PREVAILING RATL SCIIEDULC Cast! Number 830133F, SUFFOLK COUNTY VILLAGE OF GREENPORT Prov- SUPPLEMENTAL al I i ng wage health basic and pen- hourly welfare Sion rate (A) (B) BENEFIT suppi. unemp. (C) Bureau of I'ub 1 I c work. PAYMENTS other supplements (D) through (M) CONTINUED ------------------------------ POWER EQUIP. OPER. CHVY/HWAY) Asphalt Spreader 14.580 1.402 2.500 .200 Backhoe P 14. 950 1. 43S 2. 500 . 200 H-. 25, M-. 15, D-. 20, G-1.00. Belt Loader 13.820 .800 800 I-2 00, H-. 10, G- 70, Bulldozer 13.770 1.329 2.500 .200 H-.2S.M-.15,G-1.00, Compressor 15. 205 1.4-58 2.750 .200 H-. 25. M-. 15. G-1. 00, Concrete Pump 13.090 1.200 1.050 I-2 2S.H- 10.G- 7S, Concrete Breaker 13.330 1.289 2.750 .200 H-. 2S, M-. 15. G-1. 00. Crane 14.580 1.402 2.501) .200 H-. 25. M-. 1S, G-1. 00, Drag I i ne 14.370 1.200 1.050 I-2 25, if-. 10, G-. 75. Finishing Machine 13.550 .800 .800 I-2 00,H -.10.G-70, Fireman 13.550 .800 .800 I-2. 00, H-. 10, G-. 70, Front End Loader 14.305 1.377 2.500 .201) H-. 2S. M-. 15. G-1. 00. Grade -A I I Oper 16.000 .960 1.520 1.200 H-36, Grader 13.98S 1.348 2.500 .200 H-. 2S, M-. 1S, G-1. 00, Mechanic -Cons -E, Equip. 13.770 1.329 2.500 .200 H-. 2S, M-. 1S, G-1 00, Mai nt - Greaseman 1S 0S5 1.444 2. 7S0 .200 H-. 2S, M-. 1S, G-1. 00, Oi I er 12.370 1.203 2.S00 .2o0 H-. 25, M-. 1S, G-1 00, Pi I edr i ver 14 090 1.200 1.050 I-2. 2S, H-. 10. G- 75, Post Dri ve-r (Guard Rai I) I.S. 040 . 900 1. 420 1. 200 H-33 . Pump 13 770 1. 329 2. 500 . 2U0 H- 2S. M- 15, G-1 00, Ridge Cutter (Pavement Saw) 1't. 820 1. 200 1. 050 I-2. 2S. H-. 10, G- 7S, Ro I 1 er 14.120 1.360 2. 500 .200 H- 25. M-. 15. G-1. 00, Scraper & Pan 1It. 't20 1. 396 2. 7S0 . 200 H-. 2S, M-. 15. G-1 00, Shovel 14.820 1.2130 1. 050 I-2 25.H- 10. G-. 75. Tractor 12. ISS 1.183 2.500 .200 H-. 3S, M-. 1S, G-1. 00, Trenching Machine 14.370 1..200 1.050 1 -2.25,H -10,C-75, APPRENTICE RATES: Apprentice Rates are NOT provided in this schedule. ART 8, Sec 220.3-e . "Apprentices will be permitted to work as such only when they are registered, Individually, under a bona fide program registered with tine 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 actual IY 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 BUILDINi; AND HEAVY / HIGHWAY CONSTRUCTION SCHEDULES Page 't SURVEY tt - 8 IB -12 Federal Register f Vol 41i. No 1:1' / Frid.jv. X011 I: 19111 / Nolices 3719:1 SUPERSEDEAS DECISION STATE: NEW YORK COUNITES: NASSAU L svrre':.f DECISION NO. NYB1-3048 DATE: DATE: OF PUIiLICATI':'. Supersedes Decision No. NYBO-,3041 dated July 7, 1980 in 45 -FR 45801 DESCRIPTION OF WORK: Building, Residentiallincludes sin.Ile family hones and apartments up to and including 4 stories), heavy L highway Construction ASBESTOS WORKERS BOELFRMAKERS BRICKLAYFRS Nassau County (except that part South of the Southern State Parkway West of Sea- ford Creek, also Smithtown Islip line on the East, Long Island Sound on the North and Middle Island RR track on the South Carpenters, Millwrights, Piledrivers, Soft Floor Layers, Acostical, Drywall Residential (under two -stories) Building Heavy 6 Highway Remainder of Nassau County Building, Residential, Heavy c Highway Suffolk County Residential (2 stories c und.f r Building Heavy L 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 associ- ated apparatus and antenna and home appliances and closed circuit TV and multiple outlet distribu- tion systems, sound and B.\ic M-1 Fngf fi-fas P.,.~. EJ.c.h... R.f.\ H L Y App,. T,. 14.70 1.21 2.31 16.34 5t 151 71 .02 12.67 1.33 3.98 .03 11.50 1.50 .6S .15 .05 13.40 •1.50 1.49 .95 .06 13.45 1.50 1.49 .95 .06 13.35 1.85 1.71 .95 .05 11..5n 1.11 ..71 n5 .nA 13.40 1.33 1.71 .90 .06 13.45 1.33 1.71 .90 .06 12.10 2.04 1.6? .09 15.69 1.875 1.78 1.03 .05 15.80 71+.25 18�% Bye 10.30 101 1651 71 7/101 IB -13 ELEC':F":••:S (CONT°D) interco-=,;n cat. on systems and cor.ercial electro- .,echanlcal devices and aPP1lar.ces where such work Is not ;art o: an elec- trical contract ELEVATOR CONSTRUCTORS ELEVATO? CONSTRUCTORS - HELPERS ELEVATOR CM:STRCCTORS` RELPER 'PpoBA-1S::A?y) 110DERNAZA'aION c REPAIR ELEVATOR. CCNS??UC Op _S ,!:,DER.%AZAT13:: 6 REPIR ELEVATO? CO::STPCC' 'Z'S. YELPEPS !73DEft:AiATION 6 PF?AIR EL:VA70A cA: STpUC-C3S • HELPERS (PROBA:IO::ARY) GLAZIERS IRONWORXERS Structural Ornamental Finisher LABoREPS, Building MARBLE zrTTrpZ Cutters 6 Setters Carvers Polishers Crane C. Derrickmen, 6 !tarele Finishers PAINTEPS Suffolk County Basic Scaffold work and Rolling Scaffold 18° and over, Spraying Structural Steel 6 Sand- blasting a Page 2 6ws,t Pri"7t 0enefirs ►wywrwry H.erly Rort% M 6 ® Pm eons Elsatriow Vtewnw" ® ov AW. T. 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 13.40 14.86 1.19! 1.19; 1.195 1.195 .66 1.86 1.21 1.29 1.21 1.21 1.21 1.21 3.22 3.22 3.22 1.91 4.45 3.55 1.43 1.71 1.71 1.% 1.71 1.00 1.00 1.00 .67 1.85 1.00 1.00 d d d d IDECISION N0. NY81-3048 PAINTERS (CONT°D) Nassau County (Inwood, Lawrence, Cedarhurst, von mere, Hewlett, Hewlett B, Hewlett Neck, Hewlett Pal 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 6 Scaffold Fire escaps Nassau County (Reminder County) Painters Spray, Open Steel, Swing ing Scaffold, Rolling Scaffold 18° or over Sandblasting PAPERHANGERS PLUMBERS Nassau County Building, Heavy 6 High -al Residential Jobbing (repair to preser Plumbing systems that doe not change the existing roughing or any minor alterations job where the change to the existing roughing does not have a lioor cost in excess of $1,500,000) Sufflok County IOOFERS Slate 6 Tile Waterproofer Page 3 Bwait Priw'o Bewol.vs ►tywewvs Mani® Rwvrs p 6 R Pew si�ws Edeawv:aw ) rwewhw" ww4. w1 A 1 wot. to. 12.00 9" a 31 .82+b c .035 .82+b c .035 .82+b c .035 .82+b c .035 1.91 4.45 3.55 1.43 1.71 1.71 1.% 1.71 1.00 1.00 1.00 .67 1.85 1.00 1.00 d d d d IDECISION N0. NY81-3048 PAINTERS (CONT°D) Nassau County (Inwood, Lawrence, Cedarhurst, von mere, Hewlett, Hewlett B, Hewlett Neck, Hewlett Pal 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 6 Scaffold Fire escaps Nassau County (Reminder County) Painters Spray, Open Steel, Swing ing Scaffold, Rolling Scaffold 18° or over Sandblasting PAPERHANGERS PLUMBERS Nassau County Building, Heavy 6 High -al Residential Jobbing (repair to preser Plumbing systems that doe not change the existing roughing or any minor alterations job where the change to the existing roughing does not have a lioor cost in excess of $1,500,000) Sufflok County IOOFERS Slate 6 Tile Waterproofer Page 3 Bwait Priw'o Bewol.vs ►tywewvs Mani® Rwvrs p 6 R Pew si�ws Edeawv:aw ) rwewhw" ww4. w1 A 1 wot. to. 12.00 9" 6%-1.201 31 14.57 9y1 66� 3% j 13.71 9y0 68+1'20 1.20 31 i 10.82 1.59 1.90 .70 .OS I I 12.37 1.59 13'.92 1.59 1.90 1.90 .70 .05 12.18 101 8% 70 15% .OS 13.77 1.10 10.53 1.00 1.54 1,43 1.13 .25 i 1.00 I 9.00 14.15 1.5.7 2.30 75 is I 1.30 .37 11.07 .55 11.230 1.52 1.40 2.00 2.74 2.00 .01 I SION N -S. NY81-30• SHEET METAL WORF.ERS SPRINKLER FITTERS L STEAM FITTERS ST0NE DEP.RICKMEN L RIGGERS STONEMASONS TERRAZZO woRy.ERZ TERRAZZO FI::ISHLRS TILE SETTERS TILE SETTERS FINISHERS TRUCK DRIVERS Building Ready -mix concrete, sand, gravel, asphalt, 4 bulk cement Euclids 4 Turnapulls Heavy Euclids 4 Turnapull's High rise WELDERS receive rate pre- scribed for craft performing operation to which welding is incidental Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as Provided in the labor stand- ards contract clauses (29 CFR 5.5 (a)(1)(ii)) Page 4 'B.afe 1.212 Fri.gr BrwrLb F.r+..ra e H..d j 1.212 1.852 e 9.32 i i Pnabn V.a.rie. E.6co;.. ..J.., 9.94 1.212 1.652 AMr. T,. 72.135 31+.90 4171.20 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 13.38 1.32 1.50 12.07 1.21 1.50 12.67 1.15 1.10 11.21 1.055 .77 9.37 1.212 1.852 e 9..22 1.212 1.852 e 9.32 1.212 1.852 e 9.94 1.212 1.652 e DECISION NO. NYBI-3048 Page . FOOTNOTESt a. Paid Holidays: Nev Year's Day, President's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day. Christmas. the anniversary of the employee's date of employment, and the er..ployee's birthday All employees whose 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 snali be er._:::e: to a vacation of two (2) weeks. Employees who on March 31 of the current year have continuous service credit of six (6) years er more with the Company. shall be entit:ee-to a vacation in aeeor- dance with the following schedule: 6 years but less than 7 years 2 weeks and 1 day 7 years b::: less than 8 years 2 weeks and 2 da•:s I years b:_ less than 9 vears 2 weeks and 3 days 9 years but less than 10 years 2 reeks 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 ir=ediate family at his basic rate for a period of five (5) days in an' calenar year. b. Employer contributes SB/day C. Paid Holidays: Nev Year's Day, Lincoln's Birthday, ::ashiroton's Birthday, Memorial Day, Fourth of J_';, Labor Day, Columbus Day, Armitice Day, Thanksgiving Day, Friday after Tharksgivarg i Christmas Day d. Paid Holiday:. One half day's pay for Laber Day e. Employer contributes 54.oc ;.er day to a Security Fund. For each 15 days worked with t`e contract year an e-.altvee w; 1. receive one da;:'s vacs:ian wi:n & w _ 3 weeks per year r / ith a rux:-_.. �:a:a::cn c: 9 DEGISIO!: l:0. !:Y81-374e Page 6 (DECISION NO. 2Y91-3048 Page 7 w : i V r WOR EUVY ;.JvZS:A! Frio" 8"Ats pay.—" PDR t7r'IPv' ^ CP?AT:?Si j HIIIIDIh'C CC::S Nearly .T,:TIOX Basic Frim. Bawakrs Fa,..rrn Rata N A M Fandans I Vacation E/acaNan anneal Nearly . Rates E/acatraa Arrt. Tv. Concrete f curb : era setters. N i ■ Fasi.as Vacation a./. er Aar.. tr. asphalt rakers 9.50 lOf 13% .75-s.Asphalt spreader 14.18 BS+,as 2.00 Backhoe, draglines a .1S Asphalt workers 4 roller boys, asphalt top c`avelers 4-soothers Piledriver, shovel 14.455 efa,25 2:00 � Hatching plant (on silo of lob), a asphalt tae-pers 9.30 W% 13% .15 ewer winch (used for stone or 's =- .75•a Jaekha=ent k dr111 _era, abaci) I . per winob truck mounted (Used for ,tame ca' y C bcppereent ca-peaLera' tenders, Pipe Jointers 4 setters, cencrete steel), Pua9 (eoaereta) 14.355 8%t.25 2,00 a Heading lrborers (atruet:res), stone Tchine, generator .1S (small), vibrator (1 to 5) I 70 aerea laborerat t eehrr., grad!nf S Scave!?Tg lebOrerst dinky locomotive 13.005 85+.25 2.00 ll a Hoer, bundOier, Gp;R;rea!°r O1 Ye-J laberrs, .1S I (an crane,, co--pressor (pile 9 cane" !xv--ent, arphrlt y F I plant (botcher t hopper ;ea), work)l GQ,'gre360! (aLOne setting), concrete breaker, all other >alskilIed laborers 8.97 104 135 Mrs. f generator (pilawork), C I l°OQt�rt oading ane.`.ine (front end), I— selateaaaee engineer, mechanical Cn compactors (mehiae drawn), w Pwes'housa, power winch track trots: aamted (used far etrer t•Aa z Paid t'olidays: New Taarrs D57i Memorial Dalt Inde yt Da labor Day, '.henka via Day'C. gi garrsristaes Day, ateel or atone) i a pfor, other Power winch (used for other than i 5 .• Lincoln's Co:u�v�s Dqy, Iiaeoln°s eirthdey, Jashingtmis Birthdays Veterans' Day, and .leetirn D 7. provided the r.,:_oyee worked shwa ter steel), R� (dcublr a:tien dlephraal (gvps=r, V n y or UP work on the scheduled da before and the scheduled day after the holiday, .F�p ;U-M i (hydraulic , F~ar (let) rn�: (single eet_e- - 1 to it, F� (well point), welds-,g --� bOrr:ings welding machine Hoon truck) 14.05 e%-.25 2.00 a ,Crane (erew_er or .25 `< truck), Goaveyor-:rulti plant tagineer, stone siaoader (self-propelled) 14.205 et-.25 2.00 : Cemlffeoser, eom;ressor (2 or rare .25 .15 In bat•ery). gererats, Winch V saeh!ne, p_. .s:lcr, x-aU a .+ ?-enters, r-:nP •'j,�- �.-• I 5 teas L^-ger vnldir.{ s-e�'-► -ca gT- a Orate and boom :reek '-• •2- 2.00 a -• I .15 etraetor r` or stone' iscttiag I .4.-e oS �.2' 2.00 Z I( a .15 I 1 DECISION NO. NY81-3048 P4rbt 47F`!r7ti O?MATOP.S: DQIUM COASVUCTION (CON'T) Page 8 basicN.1, &..a its rerMwes N..rlr beets N l I1 P"%1 i, yettli.w a.Eb4.ceN.r.a A„r. Te. bulldozer (use for excavation), Fd.p 0-969. Far." s firema, loading naehine, Need, powerboos, scoop (carryall ■etas scraper) vae-all CYS or evacia, spreader, eoncrete 13.63 8% .25 2.00 spreader, derricks sideboom tractor Compressor (structural steel) 14.555 14.155 e% .25 8% 2.00 Concrete sav or cutter, miter 2.00 .25 2.00 (With skip), miser (2 small, 13.63 I E%-.25 2.00 with or without skip), p=p (up to 3 inches), tractor .15 14.715 ee .erpille-. or wheel Crane with clam shell bucket 13.255 14.4S5 of .25 8% 2.00 C.r&he, cravler or tracks 13.68 .25 2.00 Boos lengths of 1001 (including .1S I 14.48 Jib) but less than 1501 Boos lengths of 1501 (including 14.705 8% .25 2.00 'ib) bat less than 2501 boos lenCths of 2500 (including 14.955 8% .25 2.00 'ib) but less than 3500 Boca lengths of 3500 15.205 8% .25 2.00 Curb machine (asphalt or 1S.705 8% .25 2.00 concrete), curing mehinea pump (submersible), Lover crane . mainDredge ora gausses Iona 13.950 M .25 2.00 >'7evetort forklift, hoist 14.33 8% .25 2.00 (1 drum) Forklift (va2k-behind, power 14.38 8% .25 2.00 operated) faader 24:t� e1 .25 2.00 h oist (2 and drum) 13.78 E% .25 2.00 Rout (anitiple platform) 14.43 e% .25 2.00 Flochsnieal Co -.pastors (hand 17.05 8% .25 2.00 operated), trench nmehine (hand) hoist Landes platfor2 12.63 8% .25 2.00 hydra-h1Vr*r, ridge cutter 15.43 13:11 8% .25 8% 2,00 2.OD lead engineer Loadine machine (with capacity 15.655 .25 8% .25 2.00 of 20 yds. or aver) ower, stump chipper 1].63 8% .25 2.00 Fwer buegies 12.65 8% .25 2.001 12.88 8% .25 2.00 a .15 a .15 a .15 a .1S a .15 • .15 a .15 • ' .15 a .15 a .15 a .15 • .15 • .15 a .15 • .15 • .25 • .l5 • .15 a .15 a .15 IDECISION NO. NY81-3048 FOWM EQU BVIDDIOCONNS1'RU-T7CN' (CONrT) holler, trench machine $*cap, cr7-&11, scraper in tandem Sidebom tractor (used in taS11 work) Stripping machine Teak work Tower crane (eatineer) Tower crane (oiler) Viliig machine, structural Page 9 basic Fd.p 0-969. Far." s i Need, ■etas N t r..,;.ee I Yee.tiew E4cer.e. ew�ier t a„r. Tr � 14.255 e%e.25 2.00 a .15 j 13.63 I E%-.25 2.00 a .15 14.715 e%•.25 2.00 • ' 13.68 8=•.25 2.00 a .1S I 14.48 8%•.25 2.00 • .1S 15.01 ES..25 2.00 a .1S 12.5051 e%-.25 2.00 a .15 .IS i 13.75S' 81•.251 2.00 ( a 1 .15 Did Aolldevtr 4.Ae- 2e°r 7C 3-1*-rial Day: C-I2depandeaea L\JI D -Labor A7: L-Thaakagiving Day; F-Christoas Day Footnote: a. HolidaysI A through F; Lincoln's Dirthda 7 Day, Election Day, end Veterans' Day 7, ashiagtonle Mrthday. Columbus cc DECIS!0; N7. !�Y81-3048 MM y::IzY°-r er�:Tc9sm R=AYT & Page 10 � sour friw�o Ben.lirs Parmowh M•.rl, Rorty I ` I Ebutuw N A e PM.I.w9 I Varavlon oni. or Mn. To. Asphalt spreader, br.:r_ truck, I -- borLng macItire (other t=an I post holes), :IC or -.vim spreader, cone ;c-ev.er or track,, conveyor C=Iti), plant engineer, concrete spreader, sideboom tractor, stone Spreaders (self propelled), cberr7 picker 14.18 8%t.25 Ba'Ckhoe, Crams (stonesetting), crane (structural steel), dragline, gradall, piledriver, road saver, shovel 14.550 BatChIA9 plant (oma site of job), crane (on barge), derrick, sideboom tractor (used in tank work), tnNt work 14.405 Bending machine, mechanical Corr. crtcrs (hand operated), Pump (centrifugal, up to 3 inches), trench machine (hand) 11.93 Boiler 13.6 6 Boring machine (post holes) 14.12 BuUdoyar, concrete finishing machine, conveyors curb machine, (asphalt or concrete,, curing machine, dinky locomotive, fireaaa, forklift, hoist (1 loading rac ir,e, aaintenanee engineer, pulvi- miser, pure (4. in, or ovr) i Pump (hydraulic), pa., -p (jeti, Pump (subuersible), pump (wail point), roller (S tons and over:, scoop (cary-all scraper), maintamanoa man Rower Crane), vao-alls weldimi 4 burning 13.37 I Cempreasor (on crane;,-,rnerator (Fila work), welding onchine (pile work), powar winch (used for other thAn stone or struo- aur9l steel), por'-r .rouse, londin� m4chinr (frrnt ,:nd), 'Compressor (pile wnrY.). pcw-r I vinch (truck mountotd. used for 2.00 1 a 1 .15 2%.,25 2.00 a .15 8%1.25 2.00 a .15 e%-.25 2.00 a,15 8%•.25 2.00 a .15 8%•.25 2.00 a .15 8%1.251 2,00 a .I5 0 . )ECISIGN N0. NY81-3048 Page 11 CJ V i ~ C."'R s".7'P�^t cPr? Tons: TA" & RIOIUAr CONSTRMTIOR Basic friweo Bew.hh ►spw..vs CCRIT) M -Ir Ea.or,•w Rorer M a w fssio.s i vouKow owl. •r ♦arc. To other •h -n store or steel., hoist (2 drum) 13.905 a%•.25 2.07 a •1S =pressor (2 or more in battery) 13.60 8%•,25 2.00 • .15 I ompressor (stone s-ttingr, T compressor (structural steel), C. veldirg machine (st-uct=al C steel) 14.065 8%;1.25 2.00 a .15 i wapressor, 3i]ch machine, pia ,- pulleer, psap (double action I diaphragm), P -P (gypsum), nap (single action 1 to 3', striping x machine, welding machine 12.99 8f-.25 2.00 I �• oadL-.g machine, with bucket • .15 ! Caracity of 10I n' yds, or over 14.15" E%•,25 2,^,^ ° .15 onerete breaker., concrete saw or tatter, forklift (walk -behind, < poser operated), hydra-ha=er, _ mixer (with skip), mixer (2 ra' _. with or without skip), mixer A• 2 bag or over with or without 7 skip), power bugv_les, power Z grinders, deridge cutter 12.28 8%•.25 2,00 ■ .15 14.01 8%•.25 2,00 .15 enerator (small) ° rader 11.96 8%•,25 2.00 a .15 v oast (3 drum), power winch (true 13. SB 8x..25 2_0 a .15 ` mounted, used for stone or steel, paver vinch (nsed for stone .� netting 6 structural steel,, q )g trench m -chins echam_e }1,88 c SII..2r 2.: 1 a .10 f c - echanical c.-r-aetors (machine 8%..25 2.70 a .15 drawn), rol;er ;over 5 tons) 13.72 8%1.25 2.00 a .15 ilea, root cut•.er, stump chipper tower crane (oiler t tract tamper -+ (2 engineers, each/ 11.97 2% ,25 2.M! 'r ortable heaters 13.51 Pw ,25 2.70 a .15 ower boom 12.42 8!.,25 2.00 ° .15 G' ,imp (concrete) 13,64 8%1.25 2,00 a .15 Co coop (Carry -all, serapes in • .15 tandem), tower crane (engirmer) 14.80 8%-.25 2.00 a .15 ran.or (caterrpillar or wneoir 11.751 8%.,25 2,00 a .15 ? F"sJ+r'•"'r: a. Paid Holidays: N•_v Teams Cay. Lincoln's °:rtr Birthdcy, Mr-nrirl Day, Indenendence Doty, Libor Day, Coiu.4tvs :.aye-,'ahinr on�y. Veteran's ;Ay. ThanicZivinp lay and-Chrlt:-ea De rs �ee".i^n Da v after the holiday. Y provide:d e.�lcyre works the day 2.00 1 a 1 .15 2%.,25 2.00 a .15 8%1.25 2.00 a .15 e%-.25 2.00 a,15 8%•.25 2.00 a .15 8%•.25 2.00 a .15 8%1.251 2,00 a .I5 0 . )ECISIGN N0. NY81-3048 Page 11 CJ V i ~ C."'R s".7'P�^t cPr? Tons: TA" & RIOIUAr CONSTRMTIOR Basic friweo Bew.hh ►spw..vs CCRIT) M -Ir Ea.or,•w Rorer M a w fssio.s i vouKow owl. •r ♦arc. To other •h -n store or steel., hoist (2 drum) 13.905 a%•.25 2.07 a •1S =pressor (2 or more in battery) 13.60 8%•,25 2.00 • .15 I ompressor (stone s-ttingr, T compressor (structural steel), C. veldirg machine (st-uct=al C steel) 14.065 8%;1.25 2.00 a .15 i wapressor, 3i]ch machine, pia ,- pulleer, psap (double action I diaphragm), P -P (gypsum), nap (single action 1 to 3', striping x machine, welding machine 12.99 8f-.25 2.00 I �• oadL-.g machine, with bucket • .15 ! Caracity of 10I n' yds, or over 14.15" E%•,25 2,^,^ ° .15 onerete breaker., concrete saw or tatter, forklift (walk -behind, < poser operated), hydra-ha=er, _ mixer (with skip), mixer (2 ra' _. with or without skip), mixer A• 2 bag or over with or without 7 skip), power bugv_les, power Z grinders, deridge cutter 12.28 8%•.25 2,00 ■ .15 14.01 8%•.25 2,00 .15 enerator (small) ° rader 11.96 8%•,25 2.00 a .15 v oast (3 drum), power winch (true 13. SB 8x..25 2_0 a .15 ` mounted, used for stone or steel, paver vinch (nsed for stone .� netting 6 structural steel,, q )g trench m -chins echam_e }1,88 c SII..2r 2.: 1 a .10 f c - echanical c.-r-aetors (machine 8%..25 2.70 a .15 drawn), rol;er ;over 5 tons) 13.72 8%1.25 2.00 a .15 ilea, root cut•.er, stump chipper tower crane (oiler t tract tamper -+ (2 engineers, each/ 11.97 2% ,25 2.M! 'r ortable heaters 13.51 Pw ,25 2.70 a .15 ower boom 12.42 8!.,25 2.00 ° .15 G' ,imp (concrete) 13,64 8%1.25 2,00 a .15 Co coop (Carry -all, serapes in • .15 tandem), tower crane (engirmer) 14.80 8%-.25 2.00 a .15 ran.or (caterrpillar or wneoir 11.751 8%.,25 2,00 a .15 ? F"sJ+r'•"'r: a. Paid Holidays: N•_v Teams Cay. Lincoln's °:rtr Birthdcy, Mr-nrirl Day, Indenendence Doty, Libor Day, Coiu.4tvs :.aye-,'ahinr on�y. Veteran's ;Ay. ThanicZivinp lay and-Chrlt:-ea De rs �ee".i^n Da v after the holiday. Y provide:d e.�lcyre works the day H W I Modification Paqe 11 Ing -C1510" NO. %"I -3n1! -- MnA p7 Ila rch 5, I'".I 1 IDutehess County, New York I Modification Paqo �nrcrl T0k Nr%. VTRI-1,117 - MI. 11, . 8asie Ftiage Srnelles Pa,,reaN M &Is i Peasloas 1 Vacation Edaratiea and/e. Meolr Rates Changet r'da•n..a, Rales Role. App,. Tr Description of Work does not Veeel,ea o•.! e• inelude Water Well Drilling -r• Tr 6hangn: AREA 1 nr,CISTONNn. NYRt-704!1 - Mod. Pt Nowt!r Equipment Operators ,4 FP - _ 371 ) July -I' , 1'1,'•1) Nassau R Sufrolk Counties, Nc-w York I nuildinn Construr_tlan: (Changer I f LABORERS, R11TI.T)INO 11.74 1.53 1.53 1.00 sl,nn )JIEORER5, HEAVY A HIGHWAY rrnun 2 11.17 1).li I.11 1.785 Concrete 2 curb form setters, ,n9 1,'r^a!` 1 11, 17 11, 17 1. 1? Asphalt rakers 10.04 10% 13' .75+a 11.40 Asphalt workers d roller boys, , I.nn t:retult 5 11.90 asphalt top shovelers & smoother 1. tl 1.7 97R t.nn .1)9 lip. e:rnun 6 asphalt tampers 9.83 10% 13% .75+e Ana Jackhammers, drill men, hopper - 17.711 1 4. 211 1 . 11 l . 7q i 1 "n ren, carpenters' tenders, pile 6:rnun 8 17.F1 14.51 1.3'? 1.'85 )olntetn S utters, concrete 1)9 Group ? 12.6,1 )d, 5q 1.71 (struetareq), steno spreading, 1.1)1 Group 10 12,84 15.84 trackltuin, grading A exr,i,xtingr 1.795 1,�,� ,�R Cr•ottn 11 11. n2 yard laborers, puddlers on 1.11 1.7Ar, I.nn ,OR (Cr nur 17 concrete pe"mient, asphalt plant 15.51 1,33 1.791, .O1 (batch hopperman), all other 14,47 19.47 1.33 1,785 .l,nn 1.00 _& unskilled laborers 9.41 10% 131. .75+a 1,785 Modification Paqo �nrcrl T0k Nr%. VTRI-1,117 - MI. 11, . Dasle I Heart, ne.Ie li,vl► F,Iage Hr,rl:t. 1,,r -+AAAA; r'da•n..a, Rales Role. H Sf Pensions Veeel,ea o•.! e• -r• Tr 6hangn: AREA 1 ARFA 2 Nowt!r Equipment Operators nuildinn Construr_tlan: - 0rrnttl) 1 510,78 512,78 51,11 SI.7R5 sl,nn rrnun 2 11.17 1).li I.11 1.785 1.111) ,n9 1,'r^a!` 1 11, 17 11, 17 1. 1? 1.7A i 1,•�n 1)a ':touo 4 11.48 11.40 1,31 1.7P5 I.nn t:retult 5 11.90 11•nn 1. tl 1.7 97R t.nn .1)9 lip. e:rnun 6 1216. 1d, if 1.11 78I, 1.^• l.nn Ana r'Ir•„tl. 7 17.711 1 4. 211 1 . 11 l . 7q i 1 "n n4 6:rnun 8 17.F1 14.51 1.3'? 1.'85 . 1. 1)9 Group ? 12.6,1 )d, 5q 1.71 1.785 1.1)1 Group 10 12,84 15.84 1.11 1.795 1,�,� ,�R Cr•ottn 11 11. n2 15. n2 1.11 1.7Ar, I.nn ,OR (Cr nur 17 11.51 15.51 1,33 1.791, .O1 ':t•r,t)t 11 14,47 19.47 1.33 1,785 .l,nn 1.00 ,O8 r;ro,1,•, 19 14.961 if, .III. 1.11 1,785 l,nn ,nQ 09 r:rou 1 i P 15.24 17•;4 1.3J 1,785 1.1,)0 na .pg Lmhr,rrrg: tIF`A,ty and Hl.rThwav ronstructdon: "rout: J. 0,72 11 I ':rour2 9. 9 .77 l i .115 .7n 0 .35 75 .7.5 ,nA r: t•pn t, ) rrnutt 4 07 11.07 ,'• .71) . .75 .71,. .21,, .94 n4 r.rn,tn It 10.2). 17.22 ,71) .35 .21, n4 a Tunnrl n,l r.ha6t !^nrY; 17.72 17..72 I ,?1,l '75 ;'5 . •1)4 �rn,In I ('-r-un 7 9,R7 11.117 ,7n 3i ,21 n4 rr�ut, 1 9.97 10.17 11.07 ,7n 1 15 75 1)4 r rrxsn 4 10 - 12.17 ,7n 11, 1 11 .04 17..62 ,n .1S 7.. nd Friagr Rear lir. Parw.et• I� 6e,ie "..Jr I Edecuriea Rate. H A W Peedeas Iraeotioa end e. Apo,. Tr. Fniirr Labnrer's Schedulr for nuilrlina Conalr,t-t ion an previously issued Aad: LAFnrers: 11,111iinq Construction: Lnbnrorq S q,17. .70 ,15 .21, 04 rowaermen and brir, llc ^ 10.12 .70 ,15 .25 ,04 :t CA c0 -V DECISION NO.CA82-5118 - oE.- -�- T77iF'R 36517 - Aug.20,1982 Imperial,Inyo,Kern,Loo ngeles, Mono,Oranga,River- 1de,San Bernardino,Sar. uls Obiepo,Santa Barbara, nd Vcntura Counties, alifornla han3ei Elec trlcianst Area 9 Modification Page 1 iaalc Fri nqe ourly em•!lt DECISION NO, NY81-3022 fete■ MOD. 16 (46 FR 20437 - A;aril 3, set hinge 19811 ourly Benefit Onondaga County, New York to CI ANGE, POWER EQUIPMENT OPERATORS, I BUILDING CONSTRUCTION $23;11 3.97+ CIAS'S 1 15.29 3.25+a, 11 CLASS 2 14.52 3125+a. CLASS 3 - 12.92 3.25+a( I CLASS 4 16.20 3.25*a! CLASSES S a 8 15 RECISION NO. FA82-3007 CLASS 6 .79 17.29 3.2��a 3. S+ai Mon. N0. 8 aalc (47 F8 9529 - February Fringe CLASS 7 ' 16.29 3.35+a Hourly 26,'1982) Benefit Rates REAVY L MIGH'AAY Bucks, Chester, Delawar , CONSTRUCTION Montgomery L GROUP I ' 14.31 3.25+x, Fhiladelpbia Co, Pa. GROgP II 13.84 3.25�a' GROUP 111 • 1 12.51 3,25.x) cRAKce: - GROUP 1V 11.33 3.2®-p 1 Ironworkeral Ot:C16KU NO. VA81-3015- Zone 3 All Other Work MUD. IB Structural L T -46 -Ca 15666 -MARCH 6, Ornamental $16.25 4.80 1961) RADFORD ARMY AMMUNITION DECISION NO. NV82-5114 Mod. ISPLANT, VIjtGINIA -(47-FR-id3T2 - August , CIIANGEI Nevada Test Site including ELECTItICIAHS S13.6n 3yq+ Tononah Test Range in Clark, Lincoln, and este Fringe Nye Counties, Nevada ourly B•nallt • [R"e' ChantZe:Aoilermakera 21;39 7.86 Glaziers 16.07 3.66 DECISION_ No. W192-2021 - Basin 'Fringe ' M-06. 02 110urly Benefit& (47 -iii -T2034 - March 19, Rates 1982) ■sic Fringe LaCrosse, Monroe and DECISION NO. MY81-1048 Hourly BanjeLtl Vernon Coe., Wisconsin - t NOD. 4 2 Rates ' (46 FR 37193 - July 17, Change: 1981) ELECTRICIANS 15.79 1.30 Nassau L Suffolk Counties, +3% New York CHANGEt ASBESTOS WORKERS $16.14 7.03 'DECISION NO. HA81-3054 Mb5. oil (46 FR 44631 - Sept. 4, 1981) flARHSTADLE, BRISTOL, DUKE! ESSEX, MIDDLESEX, NANTUCK) NORFOLD, PLYMOUTH i SUFFOLK COS; %ASSACHUSETT: CHANGE 1 CAIFPF:N1'ERS1 SOFT rL003 LAYERSI 6UFFULKI MIDDLESEX (Belmont, Cambridge, .I.EYerett, Malden, Medfprd, Soryryerville)I NORFOLK ( 11 oklina, nedham, Milton) ESSEX (Ipswich, Essex, Glouceator, Rockport, Tapefiold, Hamilton, Nendham, Middleton, Danvers, Beverly, Man- , chouter, Peabody, Salem, Marblehead) ESSEX (Amesbury, Boxford, Georgetown, Grnverland, Haverhill, Merrlmackt Newbury, Newburyport, Rowley, Salisbury,. (fest Newbury,'Andover, LaMrenoe, Metnuen, North .Andover, Nest Andover); 10 MIDDLESEX (Acton, Bill- erica, BoxhornI Carlislg,' Clemsfokd, Dracut, Dun= stable, Littleton, Lowell' Tewksbury, Tyngsboro, Westford) ESSEX (Lynn, Lynnfield, Nahant, Saugus, Swamn- scott); MIDDLESEX (Ro- mainder of County)I NOR- FOLK (except Brookline, Dedham, Milton, Avon, Randolph, Holbrook, Blaughton)I PLYMOUTH (Duxbury, Hanover, H)ng- ham, Null, Marafiold, Norwell, Pembroke, Rook - well, Scituate), BRISTOL IAttleborouq{, North Atticbnr _ Modif Eole ourly tea Paga 2 NORFULK (Avon,, Holbrook, kandolph, Staughton); • BRISTOL (nemainder of County); PLYMOUTH (Renainder of County); DARNSTABLEI DUXES, NANTUCKET POWER EQUIPMENT'OPERATORS Building Construction,. Class I Heavy and Highway Con- struction. Class I Marine Construction, 3.37 lass 1 Hourly premium for boom lengths including 3lbt Over 150 ft. + 64 Over 185 ft. + 1.14 Over 210 ft. + 1.59 Ovei 250 ft. + 2.41 2.,63 Over 295 ft. + 3.35 DECISION NO. MD81-3074- / 744 •FR 52238 -October 9, 1981) ANNE ARUNDEL (EXCLUDING THE D.C. TRAINING SCHOOL) BALTIMORE. S BALTIMORE CITY, -MARYLAND, L FOR HEAVY CONSTRUCTION IN HARFORD L HOMdARD CTYS. ML 3.37 ' CHANGEe DECI�IUN NO. MOSI-3047 MOD, 411 PUBLISHED ON FEBRUARY 18,1983 TO READS DECISION NO. MD81-3074 14.88 , 2.52 INSTRUCTION FOR BIDDERS NONSEGREUTED FACILITIES (a) A Certification of Nonsegregated Facilities, as required by the MAY 9, 1967, order (32 F. R. 74)9, May 19, 1 967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prtor to tte award of a Federally assisted construction contract ex- ceeding $10,000. (b) Contractors receiving Federally assisted construction con- tract awards excanding .4,10,000 will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000: 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. 7L39, 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 mere the suboon- tradta exceed $10,000. IFB--1 of 1 3C U. S. ENVIRONMENTAL,PROTECTION AGENCr s CERTIFICATION OF NONSDCRWATED 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® crally 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 lie 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 waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or 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 waard 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 making false statements in offers is prescribed in 18 U.S.C. 1001. CNSF-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 regul.ations, requirements and conditions. The Director of the Office of Civil Rights and Urban Policy has the responsibility for establishingan 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 3usiness Enterprise, which will provide MBE resource lists, technical assistance and on-going information. Additional NBBR - 1 of 26) -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. B. 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. C. 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 A. 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 -3 - 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 dnd 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. Able to maintain a good rapport with the minority community. 5. Familiar with local resources and services available to aid Minority Business Enterprises. The name, address, and telephone number of the designated MBE Officer shall be included with the application supplied to the Director, Office of Civil Rights and Urban Policy, USEPA, Region II, at the time of grant application submission. C. MBE Percentage Goals* EPA Region II has determined that between 10-25% of the dollar amount _ of all contracts awarded for A/E consultant services and the construction *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. MBLR - 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 areas genuinely accepted as demarking the -reasonable limits of local labor markets, such as the Standard Metropolitan Statistical Area (SMSA) as currently defined by the U.S. Office of Statistical Standards. Some EPA Regions have chosen to set as a goal a percentage of the total dollar value of all A/E contracts approved and to set as a separate qoal a percentage of the total dollar value of all construc- tion contracts and service approved. Region II's goal -oriented program involves establishing an MBE goal which represents a percent- age of the total dollar value of all contracts approved. Where the project is already underway, any Invitation for Bids'(IFB) or Request for Proposals (RFP) issued by the grantee and procurement of subagreements on or after February 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 establish its own goals for each of the 3 steps of the grant process based on the availability and capability of MBEs to do the work. Such goals are not expected to be lower than 10% minimum level. EPA Region II requires an Affirmative Action Plan type methodology to be followed in setting goals. The following outline is recommended: MBER - 4 of 26 -5- 1. The goal must reflect a cognizance of the current percentage of minority population in the area. 2. The goal must be based on projections of contract and subcontract awards. 3. The goal must be related to the availability of MBEs. 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 MBE 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 in 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. 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 thosd 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. MISER - 6 of 26 !VA 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 a plicant to be forwarded to Region II's Office of Civil Rights and Urban Policy for review and approval prior to grant offer or prier to contract approval. 3. The applicant should contact ten (10) or more minority firms' to ascertain their interest, ciapability 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 IUrban 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/Inflor analysis. b. Step 2 (Design) (1) Design (a) Pump station force main. (b) Sewage treatme�t 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 1s. (6) Electrical. (7) Plumbing and mechanical. (8) 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. ^OBER - 8 of 26 H 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 nrofessio,nal 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 proqram should assist MBEs in overcominq barriers to program participation. This assistance should be offered directly by the applicant, as well as by referral to other assistance agencies. 9. The applicant/grantee should work closely with financial institutions, insurance and bonding companies, and prime contractors in an effort to alleviate financial barriers to Program participation. PART IV MBE Set -Asides While not required,by EPA pol-icy, a program to implementME set-asi-des 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 bei-nq made to the Lowest., responsive, responsible - bidder or to the proposer in non -advertised Procurement submittinq the most advantageous proposal. PART V MBE Responsibilities for Prime Contractors Within 15 days after contract award the prime contractors are contairequired na an to submit to the grantee -a detailed MBE participation -plan MBE goal.and procedures for achievinq 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 to make the following efforts to achieve firms to the maximum extent practical on MBBR - 9 of 26 grant.nrojects are expected the use of minority-owned the project: -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 comp -1-y with the pro visions of the contract and the affirmative steps for goal achieve- ment _stated -in these procedures. 5. Ma-i.ntai.n ,records .show_ing 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 docuMh t the contractor's efforts: MBER - 10 of 26 1. 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 forsific sub- contracts which are described in reasonable detail. TO DEMONSTRATE COMPLIANCE - Have available for grantee's MBE Officer copies of all' written efforts to extend opportunities to MBEs including all advertisements which appeared in minority publications, including the name and address of the publication, the date on which the advertisement appeared, and the audience at which the publica- tion is directed (i.e., whether general audience publication or special MBE contractor publication). 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 Tocal Office of Minority Business Enterprise (OMBE) and Minority Contractor Assistance 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 associ-a-tions 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 accurately as possible and in reasonable detail. TO DEMONSTRATE COMPLIANCE - Have available for grantee's MBE Officer copies of all letters or other communications, including enclosures and attachments which were sent to minority contractor associations: Include name. address, and -date of mailing for each letter sent. Have available copies of all correspondence and a record (e.g., log) of all.telephone replies received in response to the solicitations. The record of telephone responses should include the date and time of the incoming call and the date(s) and time(s) it was returned. Contractors'must respond promptly to both telephone and mail responses from MBE associations and firms as protracted delays in responding MBER - 11 of 26 -12 - will be interpreted by the Office of Civil Rights and Urban Policy as an attempt to discourage MBE participation. Be able to document follow-up steps taken by contractor. 3. Where technically feasible, the contractor should segment the work to be contracted to accommodate the size and capabilities of avail- able minority subcontractors. This procedure is essential to assure that MBEs�are provided equitable subcontracting opportunities. TO DEMONSTRATE COMPLIANCE - Have available for grantee's MBE Officer documentation 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 proxi-mate thereto. The contractor must be knowledgeable concerning information regarding MBE capabilities which is readily available from local minority contractor associa- tions, local OMBE Office, local MCAC Office, and the EPA, Region II, Office of Civil Rights and Urban Policy. Objectively demonstrate by appropriate documentation that a concerted attempt was made by the contractor to segment the subcontract work in ways that accom- modated the size and capabilities of the known available MBEs. 4. The contractor must send solicitation -letters-by certified mail inviting quotes or proposals from individual minority business enterprises. The solicitation letter must reference specifically segmented portions of work to be subcontracted. The portions of work must be described as specifically and accurately as possible. Inquiries -for further details should 'be encouraged. Letters"that are general and do not describe specifically the portions of work for which quotes are desired are not acceptable, as such letters do not generally bring responses. The solicitation letter must be sent in a timely manner so as to allow minority firms sufficient opportunity to develop quotes or proposals for the work described. In general, such solicitation letters must be postmarked no later than fifteen (15) days before proposals are due, whether the solicitation is being made before bids or proposals are submitted or during the performance of the prime contract. All solicitation letters should include the bid date and a response due date for the information of the addressee. Contractors are also strongly encouraged to follow up such letters with telephone calls to determine the degree of interest the minority firms have in the work. TO DEMONSTRATE COMPLIANCE - Have available for grantee's MBE Officer copies of all soli.ciation letters and a list of all parties to whom MBER - 12 of 26 -13 - each letter was sent, including name, mailing address, and type of business in which the company is known to be engaged. Have available all reply letters and log of all reply telephone calls. Be able to demonstrate objectively what action contractor took in response to each reply. Also, have available a log of any follow-up telephone calls by contractors to letter recipients who did not respond. 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. TO DEMONSTRATE COMPLIANCE - Have available for grantee's MBE Officer records which sow tat negotiation meetings took place, including time, date and place of each conversation and meetings name and address of MBEs specific and accurate description of the segment of work which was the subject of the negotiations 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 negotiati-on 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 _Eerform and that portion subcontracted to minority firms. For example, if an MBE contractor proposes to perform 50% of a project quoted at $500,000 and subcontracts an additional 25% to a minority firm, minority participation will be credited at 75% or $375,000. MBER - 13 of 26 PROPOSAL SPECIFICATION MINORITY BUSINESS ENTERPRISE PARTICIPATION APPENDIX I CONSULTANT FIRM RESPONSIBILITIES The following notice must be included in all solicitations for pro- posals for architectural and engineering work on all projects that receive EPA funding for the construction or,upgrading of wastewater treatment facilities or adjuncts thereto. Goals for MBE Program It is the policy of the Federal Government that minority businesses shall have the maximum feasible opportunity to participate in the performance of contracts performed under Federal grants-in-aid program. The consultant agrees to use his best efforts to carry out this policy through award of contracts and subcontracts to minority business enter- prises to the fullest extent, consistent with the efficient performance of this contract. As used in this contract, the term "minority busi- ness°' means a business at least 51 percent of which is owned and controlled by mi,nority-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 ican Indians, American Eskimos, and Americans, Asian Americans, Amer American Aleuts. The minority ownership must exercise actual day- to-day management. Each consultant must fully comply with the requirements, terms and conditions of the attached U.S. Environmental Protection Agency, Region II Minority Business Enterprise (MBE) requirements and the attached statement of EPA policy of December 26, 1978 (43 Federal Register 60220-60224) including the goals established for minority business participation during the performance of this contract. The consultant commits himself to the•perfornance 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 non-compliance and the basis for such determination. The consultant will be given an opportunity to explain in writing, or at a conference, if requested, the reasons for non-compliance with the required positive efforts. If the reasons for non-compliance are unsatisfactory, the consultant will be requested, in writing, to 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. MBER - 15 of 26 I-3 2. 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 be 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 whith�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: 1. 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 stockof which is owned and controlled by minority group members. For the purpose of this definition, minority group members are Black Ameri-cans, 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. MBBR - 17 of 26 II -2 The prime contractor agrees that he will make good faith efforts to subcontract at least ten 1 percent of the total value of this contract to minority business. Failure to attain this percentage or demonstrate,po.sitive 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 1. The contractor shall cooperate with the grantee and the EPA Region 11, -0.01 -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 subagreements. MBER - 18 of 26 II -3 The contractor's commitment to the goals for minority business partici- pation as required by the U.S. Environmental Protection Agency,'Region II, 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 Ethe the to objectively demonstrate to the grantee Region II, Office of Civil Rights and Urban Policy Director, that he has instituted all, the specific affirmative action steps specified in the'USEPA, Region II, MBE Policy and Program and made every good faith effort to make these steps work toward the attainment of his 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 Contractor Non-Co�liance Contractors who fail to achieve their commitments to the goals for minority °business -part -ci-pati�on 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 newsTeatsbefore rs and minority-owned media no less than fifteen (15) y 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. 3d Documentation showing that the work 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 opportunities. — 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 Form 4700-5 attached hereto. DIRER - 20 of 26 . >• MINORITY BUSINESS ENTERPRISE INFORMATION REGION NO. ROJECT NAME PROJECT NO. QUARTER FY GRANTEE'S GOAL PROJECT LOCATION PRIME CONTRACTOR INFORMATION NAME AND ADDRESS(lncludo ZIP cede) TYPE OF CORTRACT CHECK MOUNT OF CONTRACI DATE OF AWARD ONTRACT NO. MINORITY 0 (Specfly) _ ® NONMINORITV SUBCONTRACTOR OR JOINT VENTURE INFORMATION MINORITY O (Spocl(y) Q NONMINORITY NAME AND ADDRESS (include ZIP cod®) 0 SUBCONTRACTOR ® JOINT VIENTURC CONTRACT AMOUNT DATE OF AWARD CONTRACT NO. TYPE OF CONTRACT MINORITY (Speclly, ®•NOMMINORITY AME AND ADDRESS Include ZIP cods) O SUBCONTRACTOR ® JOINT VENTURE CONTRACT AMOUNT DATE OF AWARD CONTRACT NO. TYPE OF CONTRACT MINORITY 0 (Specify) ® wOMMIMORITY AME AND ADDRESS (Tnclude ZIP code) ° ' 0 SUBCONTRACTOR ® JOINT VENTURE CONTRACT AMOUNT DATE OF AWARD CONTRACT NO. TYPE OF CONTRACT C3 MINORITY (Specify) ® NONMINORITV NAME AND ADDRESS (Include SIP code) ® SUBCONTRACTOR ® JOI14T VENTURE CONTRACT AMOUNT DATE OF AWARD CONTRACT NO. TYPE OF CONTRACT - COMMENTS EPA Ka Fe.® 4700.5 (4-74) MBER — 21 of 26 60220 GRANT APPLICATION REVIEW PROCEDURES Qualified applicants 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. Appli- cants will follow application proce- dures specified In UMTA Circular C. 81.00.1. "Application Procedures for Technical Studies Grants" and the. EPA -DOT FEDERAL "REGISTER notice on Urban Air Quality Planning Grants. If the applicant !s already the recelplent 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 UP". the EPA/DOT Transportation/Air Quality Planning Guidelines. and the EPA/DOT FEDER- AL REGIsrER 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: L 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 FED[RAL REGISTER notice on Urban Alr 'Quallty 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. UNITA'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 POR FUND DISBURSEMENT UMTA will pay grantees for requlsi- 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 TOR MANAGEMENT or GRANT$ 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 REGIS= notice on Urban Air Quality Planning. -UMTA will -be responsible- •for . close out of the grant upon concurrence of the EPA Regional Administrator. REImBURsEmENT or ADmINISTRATms ExrENSEs EPA will reimburse UMTA for cer- tain administrative expenses to be agreed upon separately. LENGTH or,AGREEM£NT 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. HAwxINs. Assistant Administrator, Office of Air, Noise and Radiation. Environmental Protection Agency. ROBERT IL MCMANUS. 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. (FR Doc. 78-35700 Filed 12-22-78: 8:45 amt [6560-01=M] (FRL 1028-61 GRANTS FOR CONSTRUCTION OF TREATMENT WORKS Policy for Iowa" Use of Minority Censulfonh and CenstrVCt;0" 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 FIR 24908 (June 8. 1970. A goal-orien! cd system is provided to. maximize MISE participation. EPA received numerous written com- ments from the public and interested parties within EPA on the proposed policy for the use of MBE contracts rs. EPA carefully considered these 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. Washing- ton. D.C. 20460. Invitations for bids (IFB) or req, s for proposals (Rr0?) 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. INTRODUCTION EPA has established a goal:oriented system to increase MBE participation FEDERAL REGISTER, VOL 43, NO. 249—TUESDAY, DECEMBER 26, 1476 MBER - 22 of 26 in work performed ural, r EPA grants. Several primary reasons for this action Include the following: A. l.ow MBE participation In con- tracts, subagreemenLs and purchase ordem under EPA construction grants: B. The low MBE representation is the result of a number of causes, in. cluding the effects of discrimination. C. Methods used to remedy the un- derutilization 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 obtaln 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 iristabil- 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 maJor 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 In sharing the effects of federal expenditures. In direct procurement. the Small Business Administration administers the Section 8(a) program whereby cer- tain work may be subcontracted to firms owned by socially and eoonoml- 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- ment 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 MBE. Attach- ment O to OMB 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 business sources of supplies and services. Such efforts shoWd allow these sources the maximum -feasible opportunity to compete for subagreements and contracts to be per- formed utilizing 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- Itles 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: (l) Include qualified small and minority businesses on solicitation lists. sal Assure that small and minority business- es are solicited whenever ihey 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 Administra- tion. the Office df Minority Business Enterprise of the Oepaftment of Com- merce and the Community Service Ad- -ministcatiom (8) If any subcontracts are to be let. require the prime contractor to take the affirm- ative steps in I. through 5 above. The President recently issued sever- al 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 President stated that increased MBE use is an Impor- tant element in the economic well being of American titles. 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 publisled.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 construc- tion contractors to reflect the recom- mendations of the task force and the directions of the President. The goal - oriented approach in the proposed 60221 policy jor utilization of minority 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 the local economies of the grantees. MBE have not sufficiently shared in that expenditure. III. STATEMENT of POLICY The policy of EPA is to encourage Increased MBE participation In con- tracts and subagreements awarded under EPA grants for construction of publicly -owned wastewater treatment works. This impl-ements 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- mitles for MBE to participate in con- tracts under grants. EPA, in its stew- ardship role. will not reimburse unsa- tisfactory work or underwrite costs to 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 flexible and should not be mis- construed as a mandatory set-aside policy. W. DEFINITIONS A. MINORITY BUSINESS 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 ntust exercise actual day -today management. The EPA believes that good faith will mark the efforts of all concerned FEDERAL REGISTER. VOL 43, NO. 249—TUESDAY, OECEMS" 26, 1914 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-ass[sted projects. B. MINORITY GROUP 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 or PosrTlvE 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 minority 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(g).. 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 COAL -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 (Le.. prior to the lssuance'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: (D.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 )n'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 a 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. 30.660 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) Envirunmenial Protection Agency (Headquarters). (a) An Mr)E Program is established in the Offir 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 Operation to Implement this policy. (c) The Director of the Office of Civil Rights shall designate a Minority Business Enterprise Officer. (d) The Minority Business Enter prise Officer, working in conjunctior FEDERAL REGISTER, VOL. 43, NO. 248—TUESDAY, DECEMBER 26, 1478 MBER — 24 of 26 with the Office of Water Program Op- erations and, where appropriate, the Office of General Counsel, shall pro- vide iusistance and direction to the re. gions. Including. issuing program guid- ance memoranda to implement this policy. (2) Environmental Protection Agency (Regions). (a) Each Regional Director of OCRUA shall establish a Minority Business Enterprise 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. (t) 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 deli-:lencies are corrected: (v) Review and determine the ade- quacy of the positive efforts after a contract is awarded: (vi) Where the review discloses fail- 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 responsibility to achieve an acceptable level' of MBE use. This primary responsibility is a basic condition of its grant award. All applicants/grantees are required to take positive efforts to use MBE. These positive efforts include, at least. tits following: - Nonas (a) Dividing total requirements into smaller tasks, where economically fea- sible, to permit maximum MBE par- ticipation: (b) Including. M13E on solicitation lista: and slaking plans and specifica- tions for prospective work available to MBE in sufficient time for review: (9) Allowing.sufficient time to facili- tate the participation of MBE. (d) Notifying the Minority associ- ations, within t11e general bidding area, of the work to be solicited and the time frame for submission bids or propo::als: (e) Providing a source list of MBE ficins 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: (t) 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 plAnholders of record for EPA construction grant pro- - jests available -upon -request: (1) Upon request of the planholders of record, provide it 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 firms 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 va10M. 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 subcontrac- tor under the contract comply with the MBE policy as appropriate; 60^'23• (f) Keeping EPA regional offices M - formed of all MBE subagreements or changes tn-.plans to award previously reported proposed subcontracts to MBE. (S) Prime Contractor Respoa.cibil- ilies. All prime contractors are expect- ed to take positive efforts to use MBE. These positive efforts 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 associatlons; (e) Seek assistance from OMBE funded assistance organizations in fi• nancing. estimating., bid pack.ne..:t:g bonding and technical assistance !, rc ices. D. SANCTiot'is (1) Responsiblity DeterTninalron: It the event a bidder or offeror fair t( objectively demonstrate positive of forts to meet the stated goal req ire ment. the grantee shall requw! ii writing, that the bidder of offers- -c vide within a reasonable time a by the grantee, the necessary a •.c of positive efforts or be' held notirt sponsible. The grantee request,may b upon the advice of the OCRUA afte its review of the bids or offers n ceived. The efforts to conform to thi policy. whether or not sufficient, wi not result in an increase in contras price or provide a basis for a ;•l: change order. Where the bidder or offeror fa:,. ; objectively demonstrate the require FEDERAL REGISTER. VOL 43, NO. 249—TUESDAY, DEGEMM 26, 1978 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 nonresponcibllity 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 § 30.3.40 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 Law. Nothing In this policy prevents a grantee from im- NOTICES posing more stringent MBE 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. IFR Doc. 78-35704 Filed 12-22-78: 8:45 am] 16560-01-M] (OPP-180254; FRL 1029-11 OKLA140MA DEPARTMENT OF AGRICULTURE Issuance of a Specific Exemption to Use Dia- zinon 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- ferred 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 Registration Division (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 into the 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 _&pplicant, 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 a.i, of the products Diazinon 14G and Dia- zinon AG506 may be used; 2. Diazinon may be applied 'in 'the counties mentioned above: 3. The dosage rate shall not exceed 7 to 14 pounds per acre of Diazinon 14G. or 1% quarts ,ger 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. 248—TUESDAY, DECEMBER 26. 1978 MBER - 26 of 26 U -S- ENVIRONMENTAL PAITECTION AGENCY LABOR STANDARDS PROVISIONS FOR FEDERALLY ASSISTED CONSTRUCTION CONTRACTS DAVIS-BACON ACT (JI) U S.C'. 276a -176a-7) (al All mechanic,. and lahorers, including apprentices and trainees. employed or working directly, upon the site of the work shall he paid unconditionally and not less often than once a week. and without-uh%cqucni deduction or rebate on any ac- count (except much payroll deductions as are permitted by the Copeland Regulations (29 CFR Part 3)). the (till amounts due at lime of payment computed at wage rates not less than the aggrc- gate of the basic hourly rate-; and the rales of payments. contri- hution%. or comb for any fringe henefiis contained in the wage Jct �rminaiiop deci-ion of the Secretary of labor which is at- tached hereto and made a part hereof: regardle„ of any eontrae- lual relation -;hop which may he alleged to exist between the Con- tractor or %uhcontractor and much lahorers and mechanics. A cop) of much wage determination decision %hall he kept posted by the Contr ctur at the cite of the work in a prominent place where it can he ea-ily seen by the workers. (h) The Ctonlraclor may discharge his obligation under this clau%c to workers. in any classification for which the wage deter- mination deei,ion.eontainr. (1) Only a hasie hourly rate of pay. by making payment at not le%% than much hasie hourly rate. except as otherwise provid- ed in the Copeland Regulation% (29 CFR Parr 31: or (2) Both a Sasic hourly rale of pay and fringe benefits pay- mcnt% by making payment in cash. by irrevocably making con- irihution, purst.ant to a (surd. plan. or program -for. and/or by asmumang -in enforceable commilmenl to hea: the cost of. bona fide fr nge benefit,. conlemplaled by the Davis -Bacon Act- or by any combination thereof. Contrihutions"made.-or costs -assumed. on I -Ther than a weekly h.asis shall he considered as having been con.tructively made or ;assumed during a weekly period to the euenrthat they apply to such period. Where a fringe benefit is e%prc%oeJ in a wage delerminaiinn in any manner other than as an hLourly rate and the Contractor pays a cash equivalent or pro vide% an alternative fringe benefit, he shall furnish information with IIIc payroll, showing how he determined that the cost in- curred to make the cash payment or to provide the alternative fringe benefit t% equal to the cost of the wage determination fringe benefit. In any case where the Contractor provides a fringe benefit different from any contained in the wage determi- nation. he %hall similarly show how he arrived at the hourly rate shown therefor. In the event of disagreement between or among the interested pasties as to an equivalent of any fringe benefit. the Conlraeting Officer shall submit the question, together with his recommendation, to the Secretary of Labor for final determi- nation. let The assumption of an enforceable commitment to bear the cost of fringe henefiis. or the provision of any fringe benefits not exprem,ly listed in section 1 (h)(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 la set amide acme!,. in a separate account. to meet his obligations under any unfunded plan or program. (dl The Contracting Officer ,hall require that any class of la- borer% or mechanics. including apprentices and trainees. which is not listed in the wage determination decision and which is to he employed under the contract shall he classified or reelacmified conformably to the wage determination decision. and -hall re- port the action taken to the Secretary of Labor. If the Interested parties cannot agree on the proper classification or reclassifica- EPA Form 5720-4 (5-73) #3 lion of a particular class of lahorers or mechanic% to he used. the Contracting Officer shall %uhmit the que%tion. together with hl, recommendation. to the Secretary of Labor for final determina- tion. 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 tin the site of the work covered by this contract has been or ii being paid at a rate of wage% less than the rate of wages required toy 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 sureties shall be liable to the Govern- ment for any excess costs occasioned the Government thereby. (f1 Paragraphs (a) through (e) of the clause .hall apply to this contract to the extent that it is (1) a prime contract subject to the Davis -Bacon Act. or (2) a subcontract 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-jt1) -(al-Tbe,Contractor shall not require Of permit any laborer or mechanic. including apprentices, trainees. watchmen. and guards. in any workweek in which he i% employed an any work under this contract to work in excess of 'R hours in any calendar day or in excess of 40 hours in much workweek or work subject to the provisions of the Contract Work Hnurs and Safety Standards Act unless such laborer or mechanic. including •apprentice%. trainees. watchmen. and guard%. receive, compen%ation at a rate not kms than one and one-half lime% him has rate of pay for all such hours worked in excess of It hours in any calendar day or in excess of 40 hours in such workweek. whichever is the greater number of overtime hours. The "basic rule of pay." as used in this clause, shall he the amount paid per hour. exclusive of the Contractor's contribution or cost for fringe benefits. and any Cash payment made in lieu of providing fringe benefits, or the basic hourly rate contained in the wage determination., whichev- er is greater. IN In the event of any violation of the provi%ions of paragraph (al. the Contractor .hall be liable to any affected employee for any amounts due. and to the United State, for liquidated dam- ages. Such liquidated damages shall 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 sum of S 10 for each calendar day an 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 wages required by paragraph (a). APPRENTICES AND TRAINEES fa) Apprentice% shall he permitted to work as such only when they are registered. individually. under a bona fide apprentice- ship program registered with a Slate apprenticeship agency which i% recognized by the Bureau of Apprenioce-hip and Train - PAGE r Of 4 PAGES LS -1 of 4 ing. U S Ikpartmem of I uhm; urs if nes such recognized agency exist% in a State.* under a pro_ram,rcgi%tercJ with the aforesuid Burcau of Apprenticeship anJ Training. 1 he a3lrwah1e ratio of apprentice%ta paxrrnc%men in any craft cla%%ilicaiion shall not he greater than the ratio permuted to the C'annactor a% to his enure work ford under the regi%Icred program:. Anv employee listed on a payroll tit an apprentice ware r:atc who is not a trainee a% defined in paragraph (b) of Ih:% clause. xid who is not registered a% above. shall he paid therite detcrrttrrrcal by the Sccre- tary ad I.:.har (or the classrlicatiott of wtirk he actually per. formed. the C'antractor %hall furnish to the Contracting Officer written c%idcrace of the rcei%tr.ation of his program and appren- tices. a% well a% of the appropriate ratio% allowed and the wage tate% requited to he paid thereunder fur the area of construction. prior to using tiny :apprentices in the contract work. The tern .apprentice" rix°ons (11 a penin empluved anal inJitoidu:dly reg- istered in a buns fide apprenticeship proyram teci%Icred with the U.S. Department of Labor. Bureau of Apprenticeship and Train- ing. tit with a State apprenticeship agency recognized by the Hure.ur or (21 a person in his first 40 days of probationary em- pla) menl as an apprentice art such an apprenticeship program. who r% nut individually regi%rered in the program. halt who has been certified by the Bureau of Apprenticeship and Training. air a State Apprenticeship Council twherc appropriate) to he eligible fair prtdtatiamary employment a% an apprentice. (b) Irainecs shall he permitted to work as such when they are bona fide trainccs empluy cal pursuant to a program appro%ed by the U.S.-Department of t :ahor. Stanptiwer Administration. Bu- reau of Apprenticeship and Training. The term "trainee" means a person recct%ing Un-the-juh training to a construction (stcupa. lion ur•der •a program which is approted ebut n(K neccssarih• spunst.red) by the U.S. Ikpartmenl of Labor. Manptower Ad- mini%tration. Bureau of Apprenticeship and Training. and which is reviewed from time to time by the !Harrower Adnuni%tration to insure th:K the training meet% adequate standards. (c) In connection with contracts in cxces of S to.0ot). the Con- tractor agrees as follows. (1) The Contractor %hall make a diligent ctfort to hire for . performance of work under this contract a numher of appren- ticc%or trainees. or both. in each occupation. which heart to the average number of the journeymen in that occupation to he em- ployed in the perfurmince of the contract the applicable ratio as set fonh in paragraph (d) of this clause. (2) The Contractor shall insure that 25 percent of such ap- prentice, or trainees in each occupation are in their first vcar of training. where feasible. Fea%ihiltty here involve%;a considera- lion of oil the availability of training opptirlunitic% far first year apprentices. (ii) the hazardous nature of the work for beginning workers. and (iii) excessive unemployment of apprentices in their second and %uhsequent years of training. (3) The Contractor shall. during the performance of the contract. to the greatest extent possible. employ the number of apprentices or trainees necessary to meet currently the require- ments of paragraphs (c)(1) and (c )(2) of this clause. (4) The Contractor %hall maintain record. of employment on this contract by trade of the number of apprentices and train- ees. apprentices and trainee% in first year of training. and of jour- neymen, and the wages paid :and hamar% of work of %itch appren- tices, trainees. and journey men. In addition. the Contractor who claims compliance haled art the criterion set forth in paragraph (e) (6) Oil of thin clause %hall maintuln such rx�eorJx of empluy. Ment on till hi-sctn%trucfiun work in'the %time tabor Market area. Kith public and private. during the performance of Hoot contract. In each of the above cases the C°unuactor shall make -such record% available for in%pe aiton upon,rc4uc%r of the I)epartment of labor or the Cunrracting Cldicer. (S) The Contractor %h:all supply ane copy of each of the written beKr:e% rcyuired m .at.a4J.,ncc with farwr:aph t. it r.aa,ua Of Iha%cl:uase at the request of the t ontra.ting t ttli,er The C'aon- tractor , Iso;mrees to %uonty at 1-nuinth ntertals during the per- EPA Form 5720-4 (5-77) LS -2 of 4 formance of the,ctmtract land after completion (if contact per. formance a statement dc%crrhing steps taken toward making a diligent eflart and containing a breakdown h} craft. of hoatr% %tirked and wages paid far first year apprentice% told trainees. other apprentices and trainees. and juurn" men. nue copy of the statement w ill he sent to the Contracting Officer and one copy to the Secretary of Labor. (6) The Contractor will be deemed to have made a '°aliligent ctfort" a% required by paragraph (0111 if ilunng the per- furmance of this contract. he accompfi%he% at lea%t tine of the following three objectives: (i1The Contractor employe under this contract a number of apprentices and trainees by craft. at kast equal to the ratios e%tahli%hed in accordance with paragruph fall of this clause. or (ii) the Contractor employs. on all his construc- tion work. both public and private. in the.%ame labor market area. an average number of apprentices and trainccs by craft at least equal to the ratios established in accordance wilhr paragraph (d) of this clause. or (iii) the Contractor (A) if covered nt a eollecti%e batgaining agreement. before commencement is( any work on the project. has given written notice tat all joint appren- ticc%hip;ommiucec, the local U.S. Employment Se:urity ()il'ae. local chapter of the Urban League. Workers Dcfcnsc League. or other local organizations concerned with minority cmp(ayment. and the Bureau of Apprenticeship and Training Representative. U.S. Department of L:ohor. for the locality uf•thc-work.(14) it ntK covered by a culle:tive bargaining agreement. has given written notice to all of the groups stated above. except joint apprentice- ship committees. and will in addition notify all mon-j-tint appren- licc%hip sponsor% in the labor m:trkct arca: ICI ha- employ cal all qualified applicants -referred to him through normal channels (such as the Employment Service. the Joint Apprenticeship Contmittcca, and where applicable. minority urganitatiom. and apprentice outreach program% who haee'bcen delegated this functionlat least uptothe numbernf such apprentice%and train- ees required by paragt'aph (di of this clause. (D) notice. a% re- ferred to herein. will include at ka%t the Contractor's name and address. the agency designation. the contract number. job site addre%s. value of the contract. expected starting and completitan dates. the c%tim:rted average number of empluy ccs in each occu- pation to he emrlo)ed over the duration of the contract work. and a statement of his willingness to employ a number of appren- tices and trainees at least equal to the ratios established in a:- cordance w ilh paragraph (d) of this clause. WI The Secretary 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. I I I In any occupation the applicable ratio of apprentices and trainees to journeymen shall be equal to the predominant ratio far the occu- pation in the area. where the construction is bring undertaken. set forth in collective bargaining agreements. ur tither employ- ment agreements. and available through the Bureau of Appren- ticeship and Training Repre%cntati�c. U.S. Department of La- bor. for the applicable area. (2) for any occupation fur which no ratio is found. the ratio of apprentices and trainees to jcournev- men shall he determined by the Contractor to accordance with the recommendations set fonh in the Standards of the National Joint Apprentice Committee for the occupation. which are on til at otlice% of the U.S. Department of Labor's Burcau of Appren- i1ce-ship and Training: and (3) for any occupalltmi for which no such recommendations are found. the ratio of apprentices and trainees 10 juutne)•noen shall be at kast one apprentice or trainee for every ti"e journeymen. PAYROLLS AND BASIC RECORDS (n) The Contractor shall maintain p:tvrall% and ha%ic reroras refilling thereto during the:aarrw of the work and shall laeser%e them (air a period a( i )cars thereafter fur all laborers anal mc - shames.. including apprentices. trainees. %tatchmcn. and guard, PAGE 2 OF 4 PAGES -Aolking ,it the site of the work Such record% %hall contain the name Land addre%% of each much cmpla) cc. hr% chrrect clas%ifica- iton. title of pay lincludtng rale Lal contnhutions for. or cost-; :a%wmed it- pt- itty, fringe henelit0: Jaily and w•cckl� number of hour% worked. Jedtmion% made and acw.ti wage% paid. Whenev- er the Contractor ha% ohtatncd approval from the Sc:rctar,, of Lahor a% pra%iJed in paragraph lei of the clau%c entitled "Diva%• bacon Act." he %hall maintain recutd% w hich %haw file commt- ment, if% appro%a1, written communicatipn of the plan air pro- gram to the L•ahurer% or mcchanac.:aife:led. and the cots antici- pated or rncurretl under the plan or program. (h) The.C'ontraelur %hall submit weekly a copy of all payrolls to the Contracting Officer. The frame Contractor %hall he rc%pon- sihle furlhc %uhmis%ion of copie% of payroll% of all subeontrac- for%. The copy %hall he accompanied h) a statement signed by the Contractor indicating that the pay rolls are correct and com- plete. that the Maga rale% cunla;ned therein are not leas than thu%e delennincJ by the Secretary.ot Lahor, anti that the cla%si- ftcation% set forth for each laborer or mechanic. ircluJing ap- prentice% and trainees. conform wiih the work he pei'furmeJ. Submission of the "Weekly Statement of Compliance" required under this contract and the C'upelanJ Regulation% til the Scere- tLaty of Lahor 09 CI`R Fart 3) %hall citta(,, the requirement for submt%aatn of the abo%c statement. The Contractor %hall submit :aha a cop) of an) approval I+) the Secretary of Labor w Lath re- specl to fringe benefit% w hick is required toy paragraph teI of the clau%e entitled "Davis-bacon Act." (c) The Contt,actau ,hall make file record% required under Ihi%. clau%e a%ailible for snspectiun by authorized rcptecnt:atne% of the C'ontraante 011icer and the Department of Labor. and %hall permit wch reprc%cntativc%tointeniew emplu)er%during work- ing hours on [lie joh. COMPLIANCE WITH COPELAND REGULATIONS The Contractor %hall comply w i(h the Copeland Regulations of the Sccretar,, of Labor (_9 -CFR -Part 31 -which are incorporated herein by reference. WITHOLDING"OF FUNDS lal The Contracting Officer may itithha+ld car cau%c to he with- held from [he Prime Contractor %o much of the accrued pay- ment% or advances a% ma) he considered nece%%:ary 111 to pay lahnrers andL mechanic%. irttluding apprenficc%. traaanee%. %s atch- naen. and guards. employed by he actor or :Lan) %tihcon- tractor on the Murk the full :amount o1 V. .190 requued by the con- tract. and (2) it, %atisf)' any liability of ,tri% Contractor tar liqui- dated J,unage% under paragraph thl .+I the cl:au%e entitled '-L on - tract Work Hours and Safety Standards act—O%crt+mc Com - pen ition." (h) If any Contractor fails to pay ally laborer, mechanic. ap- prentice. trainee%. Mal:hman. or guard. employed vr•%%orking on the %ate of the work. all or part of the wages required h) the con- tract. the Contracting Officer may. after written notice to the Prime Contractor• take such action as may he neer%%:try to cau.e su%pension of any further payment% or advancev until wch viuld- lion% have cca.ed. • •USCONTRACTS The Contractor :agree to in%enl the clau%c%.heteuf entitled "Da%ia•I(acan Act." "Contract Work Hour% and Safa:1% Stand- ard% Act--O%ertintc C'on+pcn%arnt." " %pprentice% .anti 'r on- ec%." "Payroll% and Ha%w Record%." "t untpltance -Auh Cope- land Rcpdaaun "Wilhba•ldany of 1•und% :and "Conrad letmm.att.+n 141:altt16a.l• ua .all The term "C-ontua.tur" a% used an such ilius:% tit cut% %iihCon. fracl %hall he deemed 14, refer Ill the %uh%onti;atlor c%.ept an the phra%c "Prauac Contractor.— EPA Form 5720-4 (5-73) LS -3 of 4 CONTRACT TERMINATION—DEBARMENT A breach aa( the clause, hereof entitled "D:avi%-Iia:on Act." "Contract %Mark Hour% and Sdfety Standard-- Act-0%ertsme Compensation." "Apprentice+ and Trine:." "hay ndl% and Hamm Record.." "Compliance with the Copeland Regulati.at%." -Withholding of 1•unds." and "Subcontract.'- may he gra•und% for termination of the ci+ntract. and for debarment a% pro%aded tat W CFR 5.6. NONDISCRIMINATION PROVISIONS During the performance of this contract. the contractor agrees as follow•%: (1) The contractor will not di%criminatc against any employ - cc or applic:an+ fair employment because of race, color. rt legion. %cx. or national otigin. The contractor will take :dlirmalive action to enure that applicants are employed, and that employees ;arc treated during employment without regard to their r:,:c. color. religion. sea. or national origin. Such action shall include, but not he limited to the following- Employment. upgrading. demo. tion. or tran%fer: recruitment or recruitment advertt%iuc. la%otf or lamination. rate-, of pay or other form% #of compensation: and selection for training. including apprenticeship. The contractor agrees to post in conspicuous place., available to emplo%ccs and applicants for employment, notices to he provided setting forth the pros i%ions of this nondiscrimination clause. 421 The contractor will. in :d1 %ohcation% or ad%eru%emcnt% for employ ec% placed by or on behalf of the contractus ..utc that all qualified applicant% will recet%e consideration for employ• ment withulst regard to race, color, religion. %e%, air national ora• gin. (3) The contractor will .end to each labor union Lar rept:- writative of workers with which he ha% a collecti%c hargainang agreement or other contract or understanding. a notice its he provided rJvi%ing the %aiJ labor union or workers' reprc%entca- tises_uf the contractor's commitments under this %cetion• anti shall post copic% of the notice in axon%picuuu% places a%ail:able to employees •rnJ applicants fair employment. (4) The contractor will comply w ith all provi%iun% of E%ecu- five Order 11246 of September 24. 1%5. and of the rule-.. regula- tion%.:anJ relevant orders of the Secretary of (-abut. Of The contractor will furnish all information :and reports required by E%ecutive Order 11246 of September 24. 1965. and by rules, regulation%. and orders of the Secletau) til Lahur, or pursuant thetoo.:and will permit accts% to hs% honk% records. and accounts h) the administering agent) anti the Scerelary of labor for purpane% of imc%tigation to ascertain compliance w ilh %uch rules, regulation, and orders. (6) In the ensu of the contractor'% noncompliance w ith the nondiscrimination clauses of this contract or w ith ;an) of lite %aid rules, regulation%, or orders, thi% contract may he canceled. (cr- minted, or suspended. in whole or in part and the contractor may he declared ineligible fur further Government contracts or feJer- ally a%si%ted construction contract% in accordance with proce- dures authorized in Executive Order 11246 of September 24. 1965. and such other sanction% ntay he imposed land remediev invoked a% provided id Exccuti%e Ordcr 11!46 of September 24. MS. or by rule. regulation. or order of the Secretar,) it( Lahur. or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately pro:::Jing paragraph (1) and the pro%Won%of parLa• graph% I II through (7) at every .ubconlract lar pureha%a order onle%%euenrpled by rules. regulatiattts. tit #order% of file Secraary of Labor issued pursuant to wain 204 of Fwcuti%e dila 11246 #of Srptenthcr 24, 11165, w that %tach ptovimons -Atli he hinding uptm e•i: h %ut•camna.tnr oat %ender 'rhe molt !%(.as %• .11 take such :action with respect t.a :.n) suhc(%ntr.a.t ar march a%e order a% the adntini%icrtng a_cnc)• may direct as a meant, tat en forcing wch pru%imuns, including %;ancti#oe% fur n%•n.umpla:an:e PAGE ! OF 4 PAGE!) .'roe riled. however. Thal in the event R contractor become,. in- molved In or i% threatened with. litigation with a muhcontractor or vendor a, a re -mil of much direction by the adminimering agencv. the contractor may request the United Stales to enter into such litigation to protect the inlcrca,. of the United State-.. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT —SAFETY AND HEALTH (40 U.S.C. 327-3.73) tat Che contractor shall not require any laborer or mechanic employed in the performance of the contract to work in sur. roarnding, or under working condition` which are unmanitarv. h r:trdoum or dangerous to him health or `.feta, am determined i,mler conmuuction mafcly and health standard% promulgated by regulations of the Secretary of Labor (ht The contractor chill comply with the Mpartmcnl of Labor Safety and Health Regulations for Conatruetiun promulgated under section 107 of the Contract Work Hours and Safety Stand- ards Act (40 U.S.C. 327 el seq.). LS -4 of 4 EPA Fwm 5720—I (5771 PACE . of 4 Pica® a U.E. GovERNMERT PRIMTIIIG orFICE: 197]-727.67717]6 S -I COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS Form Approved (See accompanying instructions before completing this form) It. OMB No. 158-R0144 PARTI-GENERAL GRANTEE 2. GRANT NUMBER 1. KAIOE OF CONTRACTOR OR SUBCONTRACTOR A. DATE OF PROPOSAL d. O\DDRESS OF CONTRACTOR OP SUBCONTRACTOR (Include ZIP code) ` -i• u 6. TYPE OF SERVICE T O BE FURNISHED PART II -COST SUMMARY ESTI- HOURLY '7. DIRECT LABOR (Specify labor caregories) ESTIMATED TOTALS HMATED OURS RATE COST ;: DIRECT LABOR TOTAL: S. !NDIRECT COSTS !Specily indirect cost pools) RATE■ BASE = ESTEy COST INDIRECT COSTS TOTAL: 9. OTHER DIRECT COSTS ESTIMATED a. TRAVEL COST \l� TRANSPORTATION (2) PER omm TRAVEL SUBTOTAL: j 13. EQUIPMENT, MATERIALS, SUPPLIES (Spectly cat® orle•) QTY COST ESTIMATED COST S a .. EQUIPMENT SUBTOTAL: C. SUBCONTRACTS ESTIMATED COST - r Is _ r - SUBCONTRACTSSUBTOTAL: S H. OTHER (Sp.cHy catego►ler) - __ ESTIMATED " COST _Z OTHER SUBTOTAL S = e.'OTiMER DIRECT COSTS TOTAL in TOTAL ESTIMATED COST 1!. PROFIT +z. TOTAL PRICE :EPA F em 570041 (2.76) EF -1 O f 2`- Fay. kerored DMZ Ne, fid-ROhdd PART 111 -PRICE SU"ARY " COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES MARKET PROPOSED (%ndicere baste for price conPar:son) PRICE(S) PRICE 1 $ PART IV -CERTIFICATIONS 14. CONTRACTOR 14a. ►/AS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED.STATE OR LOCAL AGENCY PERFOPMED ANY REVIEW OF YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MOhTNS. C] vE4 l✓ NO (It "res- /Ire risme address and telephone raAnber of tvr19w IJ office) a 14b.TH1S SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES 14c - This proposal is submitted .for use in -connection with and in response to (1) . This is to certify to the best of my knowledge and belief that the cost and pricing data summarized hereir, are complete, current, and accurate as of (2), and that a financial management capability exists to fully and accu- rately account forthe financial transactions under this project. 1 further certify that 1 understand -that the subagreement price may be subject to downward renegotiation and:'or recoupment where the above cost and ® pricing data have been determined, as a result of audit, not to have been complete, current and accurate as of the date above. f3) ! DATE OF EXECUTION ofGNATORE OF PROaOSER TITLE OF PROPOSER 14. GRANTEE REVIEWER I certify that I have reviewed the cost/price summary set forth herein and the proposed costs price appear acceptable for subagreement award, . DATE OF EXECUTION - .I.GNATURE OF REVIEWER TITLE OF REVIEWER I& EPA REVIEWER (l: AppLcabla) DATE OF EILECOTION 41GAATUME OF REt EIAER TITLE Cr FEV -EV -ER EPA Fww 5700-41 (sab) - EF -2 Of 2 FAGE 2 OF ' CONTRACT PROVISIONS REQUIRED 3Y TION UNDER THE FEDERAL WATER AMENDED TERMS OF FEDERAL PARTICIPA- POtLLUTION CONTROL ACT, AS The provisions contained herein are to apply to this contract and supersede any coeiflicting pro- visions appearing elsewhere in the contract documents except «stere bond or insurance coverages are greater than amounts indicated herein in which case the greater, amounts are applicable. 1, Contract Seeurityr The succes%ful bidder muRt de- liver to the Owner an executed Performance Bond in an amount at IeaRt equal to fifty percent (60;x) of the ofcthed bid an contract, and also ior hperformance must deliver to tOwner separate executed Payment Bond in an amount at least equ■I to fifty percent (SO%) 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 formal contract. On contracts for materials 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 so obwned and approved. Approval of the insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder. (i) Consprordion and Employds Liability inro►ance.— The Contractor shall take out and maintain during the Life of this contract the statuton. Workmen's Cnmpen- 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 pp**c�++tndr Workmen's Compensation and Employer's Lia- bility Insurance for all of the latter's employees to be •acaced in such work. .0 Bodily 1xiary Liability awd ;Propmy Daonace Liability loo--c—The contractor shalt take out and maintain 4_ mr the life of this contract such Bodily Injury Lia- Ili- t. and Property Damage Liability Insurance and A,aomobiie Bodily Injury Liability and Property Dam - ac. Uability Insurance as shall protect him and any w4beentmrt••r performing work covered by this contract for Claims for damages for personal injury, including acr►dental dta:h, as well as from claims for property 4 Ace, which may arise from operations under this "%tract. -• e. :her such operations be by himself or by "T aubcnn:-artnr or by anyone directly or indirectly "nA407eed by either of them, and the amounts of such �..saace shall not be less than— (1) Bodily Injury Liability insurance, in an amount sot les. than One hundred Thousand Dollars (1100.000.00) for injuries, including wrongful 4eatt; to any one person, and subject to the aasre limit for each person in an amount not kms' than Three Hundred Thousand Dollars 16300,000.00) on account of one accident. ftl aper -y Damage Insurance in an amount not Fifty Thousand Dollars ($50,000.00) IR dartiacea on account of any one accident, a� rs asi amount not less than One Hundred s+d Dollars ($100,000.00) for damages ac+wsat of all (d) Ownr/s Protective L"bilsty Insurance—The Con- tractor shall take nut and furnish to the Owner and meant in during the life of this contract complete Owner's Protective Linbility 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 Coveragr Insonate.—The Con- tractor shall procure and maintain during the life of this contract fire and extended coverage insurance in an amount equal to the bid price of the contract. 3. Subaitution 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. inspectinn.—(tepresentatives 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: ... -- . I calendar days 6. Lahor Stnndarda.—(a) The Contractor and all sub- contractors shall comply with the Regulations of • the Secretary of Labor made pursuant to the Anti -Kickback Act of Juni. 30, 1940, 40 U.S.C. 276(c) and any amend- ments or modifications thereto. The Contractor and all subcontractnrs shall furnish the Owner with weekly Statements of rompliance. 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. These Regulations are part of this contract and are included in these specifications. (b) The Contractor and all subcontractors shall pay to all 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 U.S.C. 276a through 276a-5). Furthermore, the Contractor and subcontrac- tors shall adhere to the stipulations and provisions published by the Secretary of Health, Education, and Welfare in "Labor Standards (Federa] Water Pollution Control Act)." The Wage Rate Schedule as prepared by the Secretary of Labor and the "Labor Standards are part of this contract and are included in these specifications. CP -1 of 1 MODIFICATION NO. 1 I�u HOLZMACHER, McLENDON & MURRELL, P.C. ■ 2A CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS And PLANNERS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK CONTRACT NO. 1 - GENERAL CONSTRUCTION AND MECHANICAL WORK CONTRACT NO. 2 - HEATING, VENTILATION AND AIR CONDITIONING (H.V.A.C.)� CONTRACT NO. 3 - PLUMBING CONTRACT NO. 4 - 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. THE CONTRACTOR SHALL NAME THE TOWN OF SOUTHOLD AND INC. VILLAGE OF GREENPORT AS INSURED PARTIES IN ALL POLICIES. M1 - 1 of 1 MODIFICATION NO® 2 CONTRACT NO® 1 - CONTRACT NO© 2 - CONTRACT NO® 3 - CONTRACT NO® 4 - HOLZMACHER. MCLENDOM & MURRELL. P.C. COMMAYNGINQ*nR&GkVMWMI47ALWMOJTMTSwWPLUOMFN TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK GENERAL CONSTRUCTION HEATING, VENTILATION (H®V®A®C®) PLUMBING 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®939 are appended herewith to the contract and are attached (D) Prime and Subcontractor Certification Forms - The prime and subcontractor certification forms are appended herewith® These forms or facsimilies thereof shall be completed and submitted with each bid for each and every prime and subcontract® (E) Tax Exemption - (1) The Town of *Southold is exempt from the payment of New York State Sales Tax and Compensating Use Taxes under Section 1116 of Article 28 of the Tax Law of the State of New York, and is exempt from the payment of Suffolk County Sales and Use Taxes under Section 7, Ordinance 404-C-1968, enacted pursuant to Section 1210 of Article 29 of the Tax Law of the State of New York® (2) The contractor and any of his subcontractors approved to perform work on this contract, are hereby advised that this is a lump sum contract for furnishing labor and material for which bids M2 - 1 of 24 �)V HOLZMACHER, McLENDON 6 MURRELL. P.C. ® ILIAs 00WMT affsWofftgKVWK* KNTALSa[91mn.wnAWaa MODIFICATION NO. 2 (CONY 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 Project 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 Tabor, material, etc. The total of each bond 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 . The purpose of this meeting will be generally administrative, to acquaint the contractor with Federal and State requirements, use of subcontractors, contractor submissions and approvals required prior to construction, construction procedures, payment criteria, schedule and completion times and other -criteria relating to contract require- ments and performance. (H) Monthly Progress Schedule - The contractor shall submit a work progress schedule to the Engineer within ten (10) days of award of the contract. This schedule ,.shall be updated monthly and submitted monthly to the Engineer. (I) Safety and Health Regulations - The contractor shall comply with the Dept. of Labor, Safety and Health Regulations for construc- tion promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91-54). (J) Access to Records - The contractor shall maintain books, re- cords, documents and other evidence, in a-ccordance with appropriate accounting procedures and practices, directly pertinent to the perform- ance of the work under this contract until the expiration of three (3) years from the date of final payment. The Owner, the United States Environmental Protection Agency, the Comptroller General of the United States, the State Pollution Control Agency or any of their duly autho- rized representatives shall have access to any such books, documents, papers and records for the purpose of making audit, examination, ex- cerpts and transcriptions. The Contractor shall preserve and make such records available during said three (3) year period. The M2 - 2 of 24 HOLZMACHER. McLENDON & MURRELL, P.C. 00HUXTOM [MOINdQV. &W W W &M1d1F LL ICKHTS4® aH P'1AMM FS 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 of the cash retainage under (b) or (c), above. M2 - 3 of 24 12930 Federal Register / Vol. 4& No. 130 / Monday. March 28. 19133 / Rules and Regulations 40 CFR Part 35, Subparts B and I is contained in 133.710.) ¢ 33.240 - ktterpow"Ifnenw Broome ta. (a) To foster greater economy and efficiency, EPA encourages recipients to enter into State and local intergovernmental agreements for common procurement or use of goods and services. (b) Although intergovermental agreements are not subject to the requirements in this part, all procurements under intergovernmental agreements are subject to the requirements in this part except for procurements that are: (1) Incidental to the purpose of the assistance agreement. and (2) Made through a central public procurement unit. ¢ 33.265 Bondktq and Insurance. (a) These requirements apply only to recipients and contractors with subagreements for construction. (1) For construction subagreements of S100.000 or less, the recipient shall follow its own requirements relating to bid guarantees, performance bonds and payment bonds. (2) For those subagreements more than $100.000, the award official may accept the recipient's bonding policy and requirements provided the award official makes a determination that -the Federal Government's interest is adequately protected. If the award official does not make that determination, the minimum bonding requirements for subagreements more than $100.000 are: (f) A "bid guarantee" from each bidder equivalent to five percent of the bid price. The "bid guarantee" shall consist of a firm commitment such as a bid bond. certified check or other negotiable instrumeni accompanying a bid as assurance that the bidder will. upon acceptance of the bid, execute such contractual documents as the EPA recipient may require within the time specified. (ii) A "performance bond" for 100 percent of the subagreement price. A "performance bond" is one that the contractor executes in connection with a subagreement to secure fulfillment of all its obligations under such subagreement. (iii) A 'payment bond" for 1Q0 percent of the subagreement price. A "payment bond"- is one that the contractor executes in connection with a subagreement to assure payment as required by law, to all persons supplying labor and material in the execution of the work provided for in the subagreemeut. (3) Where bonds are required In the situations described above, bidders and contractors shall obtain them from companies holding certificaties of authority as acceptable sureties (31 CFR Part 223). (b) Recipients and contractors must follow the flood hazard area requirements of the Flood Disaster Protection Act of 1973 contained in 40 CFR Part 30. ¢ 33-M Code of conduct (a) Recipients -shall maintain a written code or standards of conduct which shall govern the performance of its officers, employees, or agents engaged in the award and administration of subagreements supported by EPA funds. No employee, officer or agent of the recipient shall participate in the selection, award or administration of a subagreement supported by EPA funds if a conflict of interest. real or apparent, would be involved. (b) Such a conflict would arise when: (1) Any employee, officer or agent of the recipient. any member of their immediate families, or their partners have a financial or other interest in the firm selected for award, or (2) An organization which may receive or has been awarded a subagreement employs, or is about to employ, any person under paragraph (b)(1) of this section. (c) The recipient's officers, employees or agents shall neither solicit nor accept gratuities, favors.or anything of monetary value from contractors. potential contractors or other.parties to subagreements. (d) Recipients may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. (e) To the extent permitted by State or local law or regulations, the recipient's code of conduct shall provide for penalties. sanctions or other disciplinary actions for violations of the code by the recipient's officers, employees or agents or by contractors or their agents. ¢ 33.275 FedwW cost principles. The following cost principles apply to assistance agreements and subagreements: (a) State and local governments must comply with OMB Circular AA7 to determine allowable costs. (b) Educational institutions must comply with OMB Circular A-21 to determine allowable costs and with OMB Circular A-88 for indirect cost rates. (c) Nonproftl institutions must comply with Oh4B Circular A-122 to determine allowable costs. M2 — 4 of 24 (d) All other recipients, contractors and subcontractors must comply with the cost principles contained in the Federal Procurement Regulations (41 CFR 1-15.2 and. If appropriate, 1-15.4) to determine allowable costs. ¢ 33L2N Paym r t to consuttanta. (a) For all EPA assistance agreements. EPA will limit its participation In the salary rate (excluding overhead) paid to individual consultants retained by recipients or by a recipient's contractors or subcontractors to the maximum daily rate for a GS -18. (Recipients may. however. pay contractors and subcontractors more than this amount.) This limitation applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed; recipients will pay these in accordance with their normal travel reimbursement practicea. (b) Subagreements with firms for services which are awarded using the procurement requirements in this part are not affected by this limitation. § 33.265 ProNtitted types of subagreements. The cost -plus -percentage -of -cost (e.g,. a nn..lt:pl;er which includes profit), and the percentage -of -construction -cost types of subagreements shall not be used. ;33.290 Cost and price conekkwationa. (a) The recipient shall conduct a cost analysis of all negotiated change orders and all negotiated subagreements estimated to exceed S10.000. (ht Ilse recipient shall conduct a price analysis of all formally advertised procurements estimated to exceed S10.000 if there are fewer than three bidders. (c.) For negotiated procurement. contractors and subcontractors shall submit cost or pricing data in support of their proposals to the recipient. §33.295 subagreements awarded by a contractor. A contractor must comply with the following provisions in its award of subagreements. (This section does not apply to a supplier's procurement of materials to produce equipment. materials and catalog, off-the-shelf. or manufactured items.) (a) 40 CFR Part 32 (Debarment and Suspension Under EPA Assistance programs): (h)'rhe limitations on subagreement award in 133.220 (a)(1) through (a)(5); (c) The profit,requirements in 133-235: I Federal Register / Vol. 48. No. 6o / Monday. March 28. 1983 / Rules and Regulations 129.31 (d) The requirements for small. minority. women's and labor surplus area businesses in § 33.240; (e) The specification requirements of § 33.255. (f) The requirement; of Subpart C of this Part, if appropriate: (g) The Federal cost principles in § 33.275; (h) The prohibited types of subagreements in § 33.2fi5; (i) The cost and price considerations in § 33.290. and (j) The applicable subagreement provisions in Subpart F of this part. Small Purchases § 33.305 Small purchase procurement. If the aggregate amount involved in any one p-ocurement transaction does not exceed $19.000. including estimated handling and freight charges. overhead and profit. the recipient may use small purchase procedures. § 33.310 Sman purchase procedures. Small purchase procedures are re!attvely simple procurement methods that are sound and appropriate for a prtwureme nt of services. supplies or other property costing in the aggregate not more than $10.000 §31315 Requirements for competition. (a) Recipients sha!! not divide a procurement into smaller parts to avoid the dol'a: limitation for competitive procurement. (b; Recipients shall obtain price or We quotations from an adequate number of qualified sources. Formal Advertising § 33.405 Formal advertising procurement (a) The requirements in §§ 33.405 through 33.430 apply to all formally advertised subagreements in excess of 310,000. Formal advertising means the public solicitation of sealed bids and the award of a subagreement based on a fixed price (lump sum, unit price, or a combination of the two) to the lowest. responsive, responsible bidder. (b) Formal advertising requires at a minimum: (1) A complete, adequate and realistic specification or purchase description of what is required. (2) Two or more responsible bidders which are willing and able to compete effectively for the recipient's business; (3) A procurement that lends itself b the award of a fixed-price subagreement: and (4) That the selection of the successful bidder be made principally on the basis of price. §33.410 Public notice and sol"Ption of bids. The recipient shall give adequate pablic notice of the solicitation, inviting bids and stating when and how the bidding documents ma} be obtained or examined § 33.415 Thee for preparing bids. The recipient must allow adequate time between the date the public notice is,first published and the date by which bids must be submitted. § 33.420 Adequate bidding documents. Recipient's bidding documents shall include: (a) A complete statemen! of work to be performed including. were appropriate. design drawings and specifications and the required performance schedule: (b) The terms and conditions of the subagreement to be awarded. including payment, delivery schedules, point of delivery and acceptance criteria. (c) A clear explanation of the recipient's method of bidding and the method of evaluating bid prices, and its basis and method for awarding the subagreement: (d) Any other responsibility requirements or evaluation criteria whist the recipient will use in evaluating biddets. (e) The prevaiimg wage determination.. made•uneer the Davis - Bacon Act, if applicable'. and (f) The deadline and place to submit bids and a copy of § 33293. Subparts F and G and. if appropriate. EPA Form 5720-4 "Labor Standard Provisions for Federally Assisted Contracts." § 33.425 Public opening of bids. The recipient shall publicly open bids at the place. date and time announced in the bidding documents. 133.4310 Award to the Lowest, responsive, responsible bidder. (a) The recipient shall evaluate all bids in accordance with the methods and criteria in the bidding documents. (b) The recipient shat: award a fixed. price subagreement to the lowest. responsive. responsible bidder. Where specified in the bidding documents, recipients chill consider factors such as discounts, transportation costs and life cycle costs to determine the low bid. Payments discounts may be used to determine -the low bid only when prior experience of the recipient indicates that it generally accepts such discounts. (c) The reciplent may reject all bids only when it has sound. documented business reasons which are in the best interest of the program for which EPA M2 — 5 of 24 assistance is awarded (see § 33.25) "Documentation"). Competitive Negotiation § 33.505 Competitive negotiation procurement method. (a) The requirements in § § 33.505 through 33.525 apply to all competitive!p negotiated subagreements in excess of $10.000. (b) Recipients may use competitive negotiation only if conditions are not appropriate for the use of the formai advertising method of procurement (set- § 33.405). § 33.510 Public notice. (a) The recipient must give adegoa', public notice for competid%sly negotiated procurements. (b) The notice of a reques! for proposals must state how to obtain associated documents. includi:.g a co of § 33.295, Subparts F and G, the bas:s for subagreement award, and. if appropriate. EPA Form 5720-4 "Labor Standard Provisions for Federally Assisted Contracts." (c) Requests for proposals must bt: written. contain enott�x:. in`ormanc.. enable a prospective offeror to prepare a proposal. contain all e%aluation criter'�, and the relative importance attacher'. to each, and clearly state '_he der.dlire place to submit proposals § 33.515 Evaluation of proposals. (a) Recipients must uniformly ar, objectively evaluate all proposals submitted in response to the requcs: for proposals. (b) Recipients must base their determinations of qualified offerors an UJ acceptable proposals solely on the evaluation criteria stated in the request for proposals. § 33.520 Negotiation and award of subegreement. (a) Unless the request for pre-,osa's states that award may be based on initial offers alone, the recipient mus' conduct meaningful negotiations %%1` the best qualified offerors wi!h acceptable proposals within the competitive range, and permit revis;or.s to obtain best and final offers. The best qualified offerors must have equal opportunities to negotiate or revise thei- proposals. During negotiations, the recipient must not disclose the inden!ity of competing offerors or any information from competing proposals. (b) The recipient must award the subagreement to the responsible offeror whose proposal is determined in writing to be the most advantageous to the recipient, taking into consideration pnce- (a) The recipient may evaluate and select an architect or engineer using the procedures in this section in place of the procedures in § 33.520, "Negotiation and award of subagreements." (b) The recipient may use either a prequalified list developed in accordance with § 33.230(c) or responses to requests for statement of qualifications to determine the most technically qualified architects or engineers. (c) After selecting and ranking the most qualified architects or engineers. the recipient will request technical proposals from those architects or engineers and inform them.of the evaluation criteria the recipient will use to rank the.proposals. (d) The recipient shall then select and determine, in writing, the best technical proposal. (e) After selecting the best proposal. the recipient shall attempt to negotiate fair and reasonable compensation with that offeror. (f) If the recipient and the offeror of the best proposal cannot agree on the amount of compensation. the recipient shall formally terminate negotiations with that offeror. The recipient shall then negotiate with the offeror with the next best proposal. This process will continue until the recipient reaches agreement on compensation with an offeror with an acceptable proposal. Once the recipient terminates negotiations with an offeror, the recipient cannot go back and renegotiate with that offeror. Noncompetitive Negotiation § 33.605 Noncompettttve negotiation procurement method. Recipients may use noncompetitive negotiation to award a subagreement if the other three procurement methods are inappropriate because - (a) The item is available only from a single source: (b) A public exigency or emergency (!Kis:s and the urgency for the awarded under 40 CFR Part 35. Subparts § 33.605(d) for reasons other than simply E and I must comply with the following using the same individual or firm that requirements. provided facilities planning or design ¢ 33.710 Buy American. Section 215 of the Clean Water Act requires that contractors give prefersn for the use of domestic material in the construction of EPA funded treatment works. (a) Contractors must use domestic construction material in preference to nondomestic material if it is priced no more than a percent higher than the bi or offered price of the nondomestic material, including all costs of delive to the construction site and any applicable duty, whether or not assessed. The recipient will normally base the computations.on prices and costs -in -effect act on the date of opening o bids or proposals. (b) The award official may waive th Buy American provision based upon factors he considers relevant, including (1) Such use is not in the public interest; (2) The cost is unreasonable: (3) The Agency's available resources are not sufficient to implement the provision, subject to the Deputy Administrator's concurrence: (4) The articles, materials or supplies of the class or kind to be used or the articles, materials or supplies from which they are manufactured are not mined. produced or manufactured in th United States in sufficient and reasonably available commercial quantities or satisfactory quality for the particular project; or (5) Application of this provision is contrary.to multilateral government .procurement agreements, subject to the Deputy Administrator's concurrence.. (c) All bidding documents. subagreements, and, if appropriate. requests for proposals must contain the "Buy American" provision in § 33.1030. 133-715 Use of the same archttect or engineer during construction (a) If the recipient is satisified with the qualifications and performance of M2 - 6 of 24 services for the project; or (3) The recipient attests that: (i) The initial request for proposals ce clearly stated the possibility that the firm or individual selected could be awarded a subagreement for services during construction: and bil The firm or individual was selected for facilities planning or design d services in accordance with procedures in: ry (A) Section 33.230 "Competition."and (B) Section 33.250(a)(1). (a)(2) & (a)(3). and (b) "Documentation," and one of the following: (C) Section 33.305 through 33.315 f "Small' Purchases." or (D) Section 33.405 through 33.430 e "Formal Advertising-."or (E) Section 33.505 through 33.525 : "Competitive Negotiation." (iii) No employee, officer or agent of the recipient, any member of their immediate families, or their partners have financial or other interest in the firm selected for award: and (iv) None of the recipient's officers. employees or agents solicited or accepted gratuities, favors or anything of monetary value from contractors or other parties to subagreements. (b) However, if the recipient uses the e procedures in paragraph (a) to retain an architect or engineer. any Step 3 subagreements between the architect or engineer and the recipient must meet all of the other procurement provisions in this part. Subpart D—Requirements for Institutions of Higher Education and Other Non offt Organizations § 33.80S Applicability and scope of this subpart. Recipients who are subject to the provisions of OMB Circular A-110. "Grants .and Agreements with Institutions of Higher Education. Hospitals. find Other Nonprofit i 12932 Federal Register / Vol. 48, No. 80 / Monday, March 28, 1983 / Rules and Regulations and other evaluation criteria set forth in the request for proposal. requirement will not permit a delay incident to competitive the architect or engineer who provided =r (c) The recipient must promptly notify procurement; (c) After solicitation from.a number of any or all of the facilities planning or design services for the project and unsuccessful offerors that their proposals were rejected. sources, competition is inadequate: or (d) The EPA award official authorizes wishes to retain that firm or individual during construction of the project. It may m (d) The recipient must document its procurement file to Indicate how noncompetitive negotiation, subject to the limitation in § 33.715(a)(2). do so without further public notice and evolution of qualifications. provided: ): f proposals were evaluated, what factors were used to determine the best Requirements for (1) The recipient received a facilities planning (Step 1) or design (Step I qualified offerors within the competitivef range, and what factors were used to ERec(plentsAssistance Ayreemen2), truction of Treatment grant and selected the architect ore neer determine the subagreement award in accordance with EPA's procurement regulations in effect when EPA awarded § 33.525 Optional selection procedure for 133.765 Appacablitty and scope of this the grant. or negotiation and award of subagreements subs' (2) The award official approves for architectural and engineering services. Recipients of assistance agreements noncompetitive procurement under (a) The recipient may evaluate and select an architect or engineer using the procedures in this section in place of the procedures in § 33.520, "Negotiation and award of subagreements." (b) The recipient may use either a prequalified list developed in accordance with § 33.230(c) or responses to requests for statement of qualifications to determine the most technically qualified architects or engineers. (c) After selecting and ranking the most qualified architects or engineers. the recipient will request technical proposals from those architects or engineers and inform them.of the evaluation criteria the recipient will use to rank the.proposals. (d) The recipient shall then select and determine, in writing, the best technical proposal. (e) After selecting the best proposal. the recipient shall attempt to negotiate fair and reasonable compensation with that offeror. (f) If the recipient and the offeror of the best proposal cannot agree on the amount of compensation. the recipient shall formally terminate negotiations with that offeror. The recipient shall then negotiate with the offeror with the next best proposal. This process will continue until the recipient reaches agreement on compensation with an offeror with an acceptable proposal. Once the recipient terminates negotiations with an offeror, the recipient cannot go back and renegotiate with that offeror. Noncompetitive Negotiation § 33.605 Noncompettttve negotiation procurement method. Recipients may use noncompetitive negotiation to award a subagreement if the other three procurement methods are inappropriate because - (a) The item is available only from a single source: (b) A public exigency or emergency (!Kis:s and the urgency for the awarded under 40 CFR Part 35. Subparts § 33.605(d) for reasons other than simply E and I must comply with the following using the same individual or firm that requirements. provided facilities planning or design ¢ 33.710 Buy American. Section 215 of the Clean Water Act requires that contractors give prefersn for the use of domestic material in the construction of EPA funded treatment works. (a) Contractors must use domestic construction material in preference to nondomestic material if it is priced no more than a percent higher than the bi or offered price of the nondomestic material, including all costs of delive to the construction site and any applicable duty, whether or not assessed. The recipient will normally base the computations.on prices and costs -in -effect act on the date of opening o bids or proposals. (b) The award official may waive th Buy American provision based upon factors he considers relevant, including (1) Such use is not in the public interest; (2) The cost is unreasonable: (3) The Agency's available resources are not sufficient to implement the provision, subject to the Deputy Administrator's concurrence: (4) The articles, materials or supplies of the class or kind to be used or the articles, materials or supplies from which they are manufactured are not mined. produced or manufactured in th United States in sufficient and reasonably available commercial quantities or satisfactory quality for the particular project; or (5) Application of this provision is contrary.to multilateral government .procurement agreements, subject to the Deputy Administrator's concurrence.. (c) All bidding documents. subagreements, and, if appropriate. requests for proposals must contain the "Buy American" provision in § 33.1030. 133-715 Use of the same archttect or engineer during construction (a) If the recipient is satisified with the qualifications and performance of M2 - 6 of 24 services for the project; or (3) The recipient attests that: (i) The initial request for proposals ce clearly stated the possibility that the firm or individual selected could be awarded a subagreement for services during construction: and bil The firm or individual was selected for facilities planning or design d services in accordance with procedures in: ry (A) Section 33.230 "Competition."and (B) Section 33.250(a)(1). (a)(2) & (a)(3). and (b) "Documentation," and one of the following: (C) Section 33.305 through 33.315 f "Small' Purchases." or (D) Section 33.405 through 33.430 e "Formal Advertising-."or (E) Section 33.505 through 33.525 : "Competitive Negotiation." (iii) No employee, officer or agent of the recipient, any member of their immediate families, or their partners have financial or other interest in the firm selected for award: and (iv) None of the recipient's officers. employees or agents solicited or accepted gratuities, favors or anything of monetary value from contractors or other parties to subagreements. (b) However, if the recipient uses the e procedures in paragraph (a) to retain an architect or engineer. any Step 3 subagreements between the architect or engineer and the recipient must meet all of the other procurement provisions in this part. Subpart D—Requirements for Institutions of Higher Education and Other Non offt Organizations § 33.80S Applicability and scope of this subpart. Recipients who are subject to the provisions of OMB Circular A-110. "Grants .and Agreements with Institutions of Higher Education. Hospitals. find Other Nonprofit Federal Register / Vol. 48. No. ell / Monday, March 28, 1983 / Rules and Regulations 12933 Organizations" are not subject to all of the requirements in this part. 133.810 Nonappllcable subagreement clauses. The following clauses in Subpart F of this part do not apply to institutions of higher education and other nonprofit organizations. (a) Energy efficiency (§ 33.1024); (b) Changes (133.1030.3); (c) Differing site conditions (§ 33.1030.4): and (d) Price reduction for defective cost or pricing data (§ 33.1030.8). ¢33.815 Nonapplicabie procurement provisions. The following procurement proviso: s do not apply to institutions of higher education and other nonprofit organizations: (a) Subparts C and E; (b) Sections 33.405 through 33.430 "Formal advertising:" (c) Sections 33.505 through 33.525 "Competitive negotiation. - (d) Section 33.605 "Noncompetitive negotiation" (see § 33.820(b)). (e) The requirement in § 33.170(a) "Code of conduct" to have a written code of conduct (f) The provisions of § 33.140 "Sma:.. minority, women's, and labor surplus area businesses" which - (1) Encourage the award of a fair share of contracts to women's and la^e- surplus area businesses; (2) Require the specific affirmative action steps in § 33.240(a)(1) through (a)(6); however, nonprofit organizations are required to make positive efforts to use small businesses and minority owned businesses as sources of supr`es and services: (g) Subpart C "Protests." 133.820 Addhfonai procurement requirements. (a) Recipients must exclude contractors that develop or draft specifications, requirements, statements of work, invitation for bids, or requests for proposals from competing for awards resulting from the prior effort. (b) For all proposed sole source subagreements and where only one bid or proposal is received. the recipient must request the award official's prior approval to award the subagreement if the aggregate expenditure is expected to exceed $10,1100. N Requlrements forf Remedial Action Agreements Under theive Environmentalompensation, and Liability ¢ 33.905 Applicability and scope of this subpart (a) The requirements In 1133.910 through 33.915 apply only to remedial actions which EPA funds as part of a cooperative agreement under the Comprehensive Environmental Response, Compensation, and LiahiIity Art of 1980 (Superfund). (b) Studies, investigations, or engineering activities which precede a remedial action activity are not subject to the requirements in § § 33.910 through 33.915, but are subject to the requirements in Subparts A. B. F and C of this part. §33.910 Preference for formai advertising. If a recipient wants to use a procurement method other than formal advertising. it must receive the EPA award official's concurrence with the de-ermina%on. § 33.915 Award official approval The award official shall approve the recipient's use of a procurement method other than formal advertising only after dke recipient has completed planning remedial activities and selected a cost- effective alternative. Subpart F—Subageeement Provision 133.1005 Applicability and scope of this subpart (a) This subpart applies to all EPA recipients and describes the minimum content of each subagreement (contract and subcontract). (b) Nothing in this subpart prohibits a recipient from requiring more assurances, guarantees, or indemnity or ot4,er contractural requirements from any party to a subagreement. 133.1010 Requirements for subagreement Clauses. Recipients shall include clauses that meet the requirements of [133.1015 through 33.1021, and the appropriate clauses in 133.1030. in each procurement subagreement. 133.1015 SubagrewreeM provislons cieu!". Each subagreement must include provisions defining a sound and complete agreement, including the: (a) Nature, scope, and extent of work to be performed; (b) Timeframe for performance; M2 - 7 of 24 (c) Total cost of the subagreement; and (d) Payment provisions. ¢ 33.1016 Labor standards provisions. Recipients shall include a copy of EPA Form 57204 "Labor Standards Provisions for Federally Assisted Construction Contracts" in each subagreement for construction (as defined by the Secretary of Labor). The form contains the Davis -Bacon Act requirements (40 U.S.C. 276a -276a-.7): the Copeland Regulations (29 CFR Part 3); the Contract Work Hours and Saf, N Standards Act—Overtime' Compensation (940 U.S.C. 327-333) and the nondiscrimination provisions in Executive Order 11246, as amended. § 33.1019 Patents data and copyrights clause. Except for construction grant subagreements, all subagreements sha!! include notice of EPA requirements and regulations pertaining to reporting and patent rights under any subagreement involving research, developmental. experimental or demonstration wotic with respect to any discovery or invention which arises or is developed in the conduct of work under a subagreement. This notice shall also include EPA requirements and regulations pertaining to copyriehts and rights in data contained in 40 CFR Part 30. §.33.1020 violating faculties clause. Subagreements in excess of S100.000 shall contain a provision which requires contractor compliance with -all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S:C.1857(h)). Section SW of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738. and EPA regulations (40 CFR Part -15) which prohibit the use under nonexempt Federal contracts, grants or loans of facilities included on the EPA List of Violating Facilities. §33.1021 Energy efficiency clause. Subagreements shall comply with mandatory standards and policies an energy efficiency contained in the State's energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163). ¢ 33.1030 Model subagreement clauses. Recipients must include. when appropriate. the following clauses or their equivalent in each subagreement. Recipients may substitute other terms for "recipient and" "contractor" in their subagreementa. 12934 Federal Register / Vol. 48. No., 80 / Monday. March 28. 1983 / Rules and Regulations 1. Supersession The recipient and the contractor agree that this and other appropriate clauses In 40 CFR 33.1030 apply to that work eligible for EPA assistance to be performed under this subagreement and that these clause 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 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 following clause applies only to subagreements for construction. (1) 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: (11 In the specifications (including drawings and designs); (ii) In the time. method or manner of performance of the work: (iii) In the recipient -furnished facilities. equipment, materials. services or site. or (iv) Directing acceleration in the performance of the work. (2) A change order shall also be any other written order (including direction. instruction. interpretation or determination) from the recipient which causes any change. provided the contractor gives the recipient written notice stating the date. circumstances and source of the order and that the contractor regards the order as a change order. (3) 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. (4) If any change under this clause causes an increase or decrease in the contractors cost or the time required to perform any part of the work under this contract. whether or not changed by any order. the recipient shall make an equitable adjustment and modify the subagreement in writing. Except for claims based on defective specifications. no claim for any change under paragraph (a)(-') above shall be allowed for any costs incurred more than W 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 the contractor reasonably incurred in attempting to comply with those defective specifications. (5) If the contractor intends to assert a claim for an equitable adjustment under this clause, he must. within 30 days after receipt of a written change order under paragraph (a) (1) or the furnishing of a written notice under paragraph (a) (2). submit a written statement to the recipient setting forth the general nature and monetary extent of such claim. The recipient may extend'the 30 -day period. The contractor may Include the statement of claim in the notice under paragraph (2) of this change clause. (s) No claim by the contractor for an equitable adjustment shall be allowed if made after final payment under this subagreement. (bj The following clause applies only to subagreements for services. (1) The recipient may at any time. by written order make changes within the general scope -of this subagreement in the services or work to be performed. If such changes cause an increase or decrease in the contractor's cost or time required to perform any services under this subagreement. whether or not changed by any order. the recipient shall make an equitable adjustment and modify this subagreement in writing. The contractor must assert any claim for adjustment under this clause in writing within 30 days from the dAte it receives the recipient's notification of change, unless the recipient grants additional time before the date of final payment. (2) No services for which the contractor will charge an additional compensation shall be furnished without the written authorization of the recipient. (c) The following clause applies only to subagreements for supplies. (1) The recipient may at any time. by written order and without notice to the sureties. change the general scope of this subagreement in any one or more of the following: (i) Drawings. designs or specifications where the supplies to be furnished are specifically manufactured for the recipient: ,(ii) Method of shipment or packing: and (iii) Place of delivery. (2) if any change causes an increase or decrease in the cost or the time required to perform any part of the work under this subagreement. whether or not changed by any such order. the recipient shell make an equitable adjustment to the subagreement agreement price or delivery schedule. or both. and modify the subagreement in writing. The contractor must assert any claim for adjustment under -this clause within 30 days from the date the contractor receives the recipient's 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 coal of property made obsolete of excess as a result.of a change is included in the contractors claim for adjustment. the recipient has the right to prescribe the maturer of disposition of such property. Nothing in this clause shall excuse the contractor from proceeding with the subagreement as changed. 4. Differing Site Conditions V;e failuwing clause applies valy to construe•:;on subagreements. (a) The M2 — 8 of 24 contractor shall promptly. and before surd conditions are disturbed. notify the recipient in writing of: (1) Subsurfage or latent physicafconditions at the site differing materially from those indicated in this subagreement. or (2) Unknown physical conditions at the site. of an unusual nature. differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this subagreement. (b) The recipient shall promptly investigate the conditions. 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. the recipient shall make an equitable adjustment and modify the subagreement in writing. (c) No claim of the contractor ;aider this clause shall 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 pa-ragraph !a). (d) No claim by the contractor for an equitable adjustment shall be allowed if asserted after final payment under this subagreement S. Suspension of Work The following clause applies only to construction subagreements. (a) The recipient may order the contractor in writing 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 par: 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 titre specified in this subagreement for if no t: -e is specified. within a reasonable titre). the recipient shall make an adjustment for any increase in the cost of performance of this subagreement (excluding profit) necessarily caused by such unreasonable suspension. delay or interruption and modify the con Tact writing. However. no adjustment shall be made under this clause for any suspension. delay or interruption to the erten! (1) that performance would have been so suspe-_ed_ delayed er interrupted by any c:aer 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 pf this subagreement. (c) No claim under this clause shall be al!uwed (1) for any costs incurred more than 20 days before the contractor notified the recipient in writing of the act. or failure to act. involved (this requirement does not apply to a claim resulting from a suspension order). and (2) unless the amount claimed is asserted in writing as soon as practicable after the termination of such suspension. delay or interruption. but not later than the date of final payment under the subagreement. Federal Register / Vol. 40, No. 00 / Monday. March 28, 1903 / Rules and .Regulations 12935 •. 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 subugreement 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 (F) 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. U termination for default is effected by the contractor, or if termination for convenience is effected by the recip!ent the equitable adjustment shall include a reasonable profit for services or other work performed. Th- equitable adjustment for any ter*rination shal! 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 ti.a contractor relating to commitments wh!..h had become firm prior to the termination. (d) Upon receipt of a termination action under paragraphs (a) or (b) above. the contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the recipient all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the contractor In performing this 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 a subagreement to complete the work under this subagreement. (f) If. after termination for failure of the contractor to fulfill contractual obligations. it (a determined that the contractor had not failed to fulfill contractual obligations, the termination shall bedeemed to have been for the convenience of the recipient. In such eventt adjustment of the aubagreement price shall be made as provided in paragraph (c) of this clause. 7. Remedies Unless 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 of it will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the recipient is located. L Price. Reduction for Defective Cost or Pricing Data (Note.—The following clause applies to (1) any subagreement negotiated between the recipient and its contractor in excess of $100.0001, (2J negotiated subagreement amendments or change orders in excess of $100.000 affecting the price of formally advertised, competiti rel,• awarded fixed price subagreement, or 131 any loner tier subagreament or purchasF ober in excess of P00.000 under a subagreement other than a formally advertised compet.- ively awarded, fixed price subagreemert. T.h.*s clause does not apply to subagreemeris awarded art the basis of effective price cemretition.) (a) The contractor and subcontractor. where appropriate, assure that the cost and pricing data submitted for evaluation with respect to negotiation of prices for negotiated 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, lower tier subagreement or amendment thereunder was increased by any sigificant sums because the data provided was incomplete. inaecurs'e or not eu-rent at the time of submission. *^ such price or cost or profit shall be re_�ce2 accordingly and the recipient shell m -.)'hl • Lhe subagreement in writin; to reflect such action. (b) Failure to agree or a reduction shall be subject to the remedies clause of this subagreement. (Note.—Since the subcgme-vent is subject to reduction under this clause by reason of defective cost or pricing dow submitted in connection with lower tier s::bcgreements. the contractor may wis a to include a clause in each lower tier subag-Bement requiring the lower tier subcontractor to appropriately indemnify the contractor it is also expected that any lower der subcar.tractorsubject to such indemnification will generally require substantially similar indemnification for defective cost or pricing data submitted by lower tier contracto:s.1 9. Audit; Access to Records (a) The contractor shall maintain books, records. documents and other evidence directly pertinent to performance on EPA funded 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 In the preparation or support of the cost submission required under 40 CFR 33.290 for any negotiated subagreement or change order and a copy of the cost summary submitted to the recipient. The United States Environmental Protection Agency, the M2 — 9 of 24 Comptroller General of the United States, the United Stales Department of Labor, the recipient, and (the Stale) 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 (g) 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 make paragraphs (a) through (g) applicable to all subagreements he awards in excess of $10,000, at any tier, and to make paragraphs (a) through (g) of this clause applicable to all change orders directly related to project performance. (c) Audits conducted under this provision shall be in accordance with generally accepted auditing standards and with established procedures and guidelines of the reviewing or audit agency(ies). (d) The contractor agrees to disclose all Information and reports resulting from access to records under paragraphs (a) and (b) of this clause to any of the agencies referred to in paragraph (a). (e) Records under paragraphs (a) ard(b) above shall be maintained by the contractor during performance on EPA assis!ed work under this subagreement-and for tl:e time periods specified in 40 CFR F_r! 30. In addition. those records which relate to any controversy arising under an EPA assistance agreement, litigation, the settlement of claims arising out of such performance or to costs or items to which an audit exception has been taken shall be maintained by the contractor for the time periods specified in 40 CFR Fart 30. (f) Access to records is not limited to the required retention periods. The authorized representatives designated in paragraph (a) of this clause shall have access to records at any reasonable time for as long as the records are maintained. (g) This right of access clause applies to financial records pertaining to all subagreements (except formally advertised. competitively awarded, fixed price subagreements) and ail subagmement change orders regardless of the type of subagreement, and ail subagreement amendments regardless of the typ? of subagreement. In addition this right of access applies to all records pertaining to all subagreements, subagreement change orders and subagreement amendments: (1) To the extent the records pertain directly to subagreement performance. (2) if there is any Indication that fraud. gross abuse or corrupt practices may be involved; or (3) If the subagreement is terminated for default or for convenience. 10. Covenant Against Contingent Fees The contractor assure$ that no person or selling agency has been employed or retained 12936 Federal Register / Vol. 48, No. 60 / Monday, March 28, 1983 / Rules and Regulations 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 searing business. For breach or violation of this assurance. the recipient shall have the right to annul this agreement without liability or. at its discretion. to deduct from the contract price or consideration. or otherwise recover the full amount of such commission. percentage. brokerage or contingent fee. 11. Gratuities (a) if the recipient finds after a notice and hearing that the contractor or any of the contractors agents or representatives offered or gave gratuities (in the form of entertainment gifts or otherwise) to any official. employee or agent of the recipient. the Stale 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 subagreement, the recipient may, by written notice to the contractor. terminate this subagreement. The recipient may alas pursue other rights and remedies that the law or this subagreement provides. However, the e,cistence of the facts on which- the recipient bases such fin -dings shall be in issue and may be reviewed in proceedings under the Remedies dat!se of this subagreement. (b) In the event this subagreement is ter,nirated as provided in paragraph (a). the recipient may pursue the same remedies against tie contractor as it could pursue in the event of a breach of the subagreement by the contractor, and as a penalty. in addition to any other damages to which it maybe entitled by !aw. be entitled to exemplary damages in an amount (as determined by the recipient) which shall be not less than three nor more tl<an ten times the costs the contractor incurs in providing any such gratuities to any such officer or employee. 12. Buy American This clause applies only to construction st:brgree.re!ts awattf under 40 CFR Part 35 Sttbpers E;:. -.d L In accordance with section 21S of the Gaan Water Act (33 U.S.0 1251 et seq.; and implementing EPA regulations. the contractor agrees that preference will be given to .lc -r9tic construction material by the contractor. subcontractors. materialmen and suppliers in the performance of this subagreement. 17. Responsibility of the Contractor (a) The fo lowing :louse applies only to subagneemers for services. (1) The contractor is responsible for the professional quality. technical accuracy, timely completion and coordination of all designs. drawings. specifications, reports and other services fur -tithed by the contractor under this subagrrement. If the subagreement involves environmental measurements or data ¢eneration. the contractor shall comply with EPA ct:elity assurance requirements in io CFR 30.503. The contractor shall. without additional ccmpenaation. correct or revise ;cny errors. omissions or other deficiencies in his designs, drawings, specifications, reports and other services. (2) The contractor shall perform the professional services necessary to accomplish the work specified In this subagreement in accordance with this subagreement and applicable EPA requirements In effect on the date of execution of the assistance agreement for this ProjecL (3) The owner's or EPA's approval of drawings. designs, specifications. reports and incidental work or materials furnished hereunder shall not in any way relieve the contractor of responsibility for the technical adequacy of his work. Neither the owner's nor EPA's review, approval, acceptance or payment for any of the service® shall be construed as a waiver of any rights under this agreement or of any cause for action arising out of the performance of this subagreement (4) The contractor shall be, and shall remain, liable in accordance with applicable law for all damages to the owner or EPA caused by the contractor's negligent performance of any of the services furnished under this subagreement, except for errors, omissions or other deficiencies to the extent attributable to the owner, owner -furnished data or any third party. The contractor shall not be responsible for any time delays in the project caused by circumstances beyond the contractors control. (5) The contractor's obligations under this clause are in addition to the contractor's other express or implied assurances under this subagreement 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. (b) The folior►ing clause applies only to subogreements for construction. (1) The contractor agrees to-perfortn all work under this subagreement in accordance with this agreement's designs, drawings and specifications. (2) The contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials. equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects. including repairs of any damage to other parts of the system resulting from such defects. The owner shall promptly give notice to the contractor of observed defects. In the event that the contractor fails to make adjustments. repairs, corrections or other work made necessary by such defects, the owner mny do so and charge the contractor the cost incurred. The performance bondshall refrain In full force and effect through the guarantee period. (3) The contractor's obligations under this clause are in addition to the contractor's other express or implied assurances under this subagreement or State law and in no way diminish any other rights that the owner may have against the contractor for fdulty materials, equipment or work. ti. Final Payment. Upon satisfactory completion of the work performed under this subagreement..as a M2 — 10 of 24 condition before Mal payment under this subagreement or as a termination settlement under this subegreement the contractor shall execute and deliver to the owner a release of all claims against the owner;arising.under, or by virtue of this subagreement. except claims which are specifically exempted by the contractor to be set forth therein. Unless otherwise provided in this subagreement. by State law or otherwise expressly agreed to by the parties to this subagmement, final payment under this subagreement or settlement upon termination of this subagreement shall not constitute a waiver of the owners claims agaiast the contractor or his sureties under this subagreement or applicable performance and payment bonds_ Subpart G—Protests 133.1105 Appilcabtltty and scope of tf9s; subpart This subpart sets forth EPA's administrative process fof• the rapid resolution of protest appeals filed with the award official. ' ¢ 33.1110 Reclpkmt protest procedures: (a) Recipients must establish their own procedures for prompt consideration of initial protests concerning their solicitations or contract awards. A "protest" is a written complaint concerning the recipient's solicitation or award of a subagreement. It must be riled with the recipient by a party with a direct financial interest adversely affected by a recipient's procurement'action (see 133.1130 "Review' of protest appeal'). (b) The recipient should review each protest received to determine whether it is appropriate to defer the protested procurement action. (c) If the recipient does not defer the procurement action. it assumes the risk that the award official may disallow the cost of the protested procurement action if the protest appeal is upheld. §33.1115 Protest appeal. (a) A party with a financial interest which is adversely affected by the recipient's decision on the initial protest may file a "protest appeal" with the award official. (b) A "protest appeal" is a written complaint riled with the award official regarding the recipient's determination of a protest. 9.3&1120 Umitations on protest appeat& (a) The award official shall not accept a protest appeal until the protester has exhausted all administrative remedies at the recipient level. (h) A protest appeal is limited to the following: (1) Issues arising under the procurement provisions of this Part. or Federal Register / Vol. 48, No. 80 / Monday, March 28, 1983 / Rules and Regi.' tions 12937 (2) Alleged violations of State or local late or ordinances where the award official determines that there is an overriding Federal requirement. (c) A recipient of a lower tier subagreement (subcontract) may only file a protest appeal for issues which relate to the award of a subagreement by a contractor (see § 33.295 ''Subagreements awarded by a contractor"). § 33.1125 Filing requirements. (a) Protest appeals must be filed with the Assistant General Counsel for Grants for Headquarters'-swarded assistance agreements and with the office of Regional Counsel for regionally awarded assistance agreements (b) A protest appeal must: (1) Be written: (2) Include a copy of the recipient's determination of the protest.; (3) State the basis for the appeal; and (4) Request a determination under this subpart. (c) Upon fiiing a protest appeal with the Regional Counsel or Assistant General Counsel for Grants. as appropriate, the party filing the protest appeal must concurrently transmit a copy of all protest documents and any attachments to all other parties with a direct financial interest which may be adversely affected by the determination of the protest appeal. ' (d) The award official- will only consider written protest appeals received by the appropriate Counsel's office within seven calendar days after the adversely affected party receives the recipient's determination of protest. However, the adversely affected party can meet the seven-day notice requirement by telegraphing the Counsel within the seven -calendar -day period of Its intent to file a protest appeal. provided the adversely affected party submits a complete protest appeal within seven calendar days of the date it sends the telegram. If the seventh day falls on a Saturday. Sunday or holiday, the next working day shall be the last day to submit a protest appeal. (e) Any party which submits a document to the award official -during the course of a protest appeal must simultaneously furnish all other affected parties with a copy of the document. 33.1130 Review of protest sppast. (a) If the recipient does not receive the Initial protest before -bid opening -or the closing date for receipt of proposals. the award official may dismiss as untimely any protest appeal based upon alleged improprieties in the solicitation which were clearly apparent before bid opening or before the deadline for receipt of initial,proposals. In negotiated procurements, protests of alleged improprieties which were incorporated in a new solicitation must hove been received by the recipient by the closing date for receipt of proposals for the new solicitation. (b) In cases not involving improprieties in the solicitation, the award official may dismiss as untimely e protest appeal if the adversely affected party did not file the initial protest with the recipient within seven calendar days of the date the basis for the protest was known or should have been known, whichever is earlier. § 33.1140 Deferral of procurement action. When the award official receives a protest appeal and the recipient has not deferred the procurement action under § 33.1110(b). the award official must promptly request that the recipient defer the protested procurement action until the award official notifies the recipient of the formal or informal resolution of the appeal. The request shall be limited to the award of the subagreement or subitern which is the basis of the protest appeal. § 33.1145 Award officlars review. (a) The award official may establish rules of procedures or deadlines for the submission of materials or the arrangement of protest appeal conferences. (b) The award official may summarily dismiss an appeal without proceedings under this subpart if: (i) The protest appeal is not reviewable, see 133.1130. or addresses issues other than those allowed under § 33.1120(b); (2) The protester substantially fails to comply with the procedural requirements of this subpart; or (3) The protester does not agree to the recipient's request for a reasonable extension of the bid and bond period. (c) The award official may summarily deny a protest appeal without proceedings under this subpart if, after considering the facts in a light most favorable to the protester, the award official believes that the protest lacks merit. (d) The award official will give both the recipient and the protester, as well as any other party with a financial interest which may be adversely affected by the determination of protest. an opportunity to present arguments in support of their views in writing or at a conference. (e) After the announced date for receipt of written arguments. the record shall be closed: M2 - 11 of 24 (f) The award official shall review the record considered by the recipient and any other documents or arguments presented by the parties to determine whether the recipient has complied wit! the procurement requirements of this part and has a rational basis for its determination of protest. (g) The award official's determination shall constitute final EPA action from which there shall be no further administrative appeal. No party may appeal an award official's deterrttinatio-, of appeal to the EPA Board of Assistance Appeals. (h) Nothing. in this subpart precludr- the award official frorl reviewing the recipient's procurement action. (See 133.115.) (i) Noncompliance with the award official's determination of protest s?;::': be cause for an action against the recipient under 40 CFR Part 30 or 32. U) if an appeal involves legal issues not explicitly addressed by this part, the award official shall resolve the issue by referring to other protest dete:minat'. ns under this section and decisions of th,, Comptroller General of the united States or of tae Federa! courts addressing Federal requirements comparable to procurement i uirement ofy &. procedural itequirements forpients %lo Do Not Certify Theiraaement systems, or for Recipients Whee Their Procurement Certifications A (a) Ilse folk ing procedural requ:remen!s apply to reci:ien:s who: (1) Do not gerafy to FPA that their procLrement system meets the minimus procurement requirements in this part. or (2) Have their procurement certification .revoked by the award official, as stated in 133.1m(b). (b) Bose recipients must comply with the requirements in this part plus the foliowing procedural requirements. These procedura! requirements supplement the requiremcrts :- the sections cited. (1) To co®, -!y, with 133-250. -Uoctmzenta-don." the recipient must subr...t to the award official the records regwred b% this section. (2) To cocply with 133.290. "Cos: and price considerations." the recipient's coatmctots and subcontractors.must subm;t their cost or price data on FPA Form 5:00-41 •'Cost or price Summary Format for Subagreeemetts Under U.S. EPA Grants.- or in another format which provides information similar to that required by FPA Forte 5700-41 (3) To 000tpty with i 33.415, "lime for preparing bids.' the recipient must alio- at least 30 days between the date when it fus° publishes the public notice and the date by wbiob bids must be submitted. (4) To comply with 133.415, "Public notic;f and solicitation of bids." the recipient mus' publish the notice in professional journals. 12938 FederrA Register / Vol. 48. No. 60 / Monday. March 28, 1983 / Rulers and Regulations newspepem or publications of general circulation over a reasonable area for at level 30 days before bid opening. (s) To comply with i 33810. "Adequate public notice.' the recipient must publish the notice in professional journals, newspapers. or publications of general circulation over a reasonable ared for at least 30 days before the deadline for receipt of proposals. The recipient may see posted public notices or written notification directed to invested persons. firms or professional organizations. tFW Doc. as -.709e Fikd a aS-ft &A3 .ml na.w+n cooE rico-ease I M2 — 12 of 24 U.S. ENVIRONMENTAL PROTECTION AGENCY CERTIFICATION BY BTDnF.R REGARDING EQUAL FKPI.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. 3. Bidder has filed all compliance reports due tinder applicable instructions, including SF -100. YES __ NO 4. If answer to item 3 is "NO", please explain in detail on reverse side of this certification. Certo.ficatio_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) (DATE) (Rev. 5/7/75) M2 - 13 of 24 (EPA, Region H. 2/24/75; NEW YOPI: S1. .: DI'PAI:Y:ENT Or E:A'11:0:,-,-T.%1'AL •tlSERV,-.TI0?1 DIVISION OF I't•Izi. V.ATEP.S BUMAU OF SEW -0: PROC' ms Performance Bond, Rc•ruirlments For Water Quality I.apruvenent Project Construction Contracts Chapter 617 of the I.aws of Now York State for 1974 requires that, "W'henever a security bond is posted by a successful bidder for the faithful pt•rfornallct: of a municilvil project, for which state aid is approved, the name and address of the bonding company or person issuing the security bond, the number of such bond, And such other information as may be required I:y the State department or acency responsibl.c for sup rvising tilt• aid proor m regarding the protect, shall be transmitted to such department or agency clic-re it shall. be revi.•wed to determine its authenticity prior to avard of such contract." Iit order to carry our the provisions of chis Law and pemit State review of Perfornance Bond Illformstion prior to Like award of the contract it is necese::.ry tha't•the specificatio:rs for all tater Qu^lity Improvement Project ConstrULt-ion Contracts contain the article listed belo:? vnd tll:►t a co::►pleted Pcrforlrance Bond infon•:ation Form be submitted to tl+' Curezu of Sc%I39c Probrtr..s as part of the Cid Material for each constructic.►i contract.. (A sample format of the Performance Gond Information 1'orrl is attzcllcd.) If the Pei-forr..ance Pond Infort.::lCiun Form cannot be surplicd as part of th:- Bid N1te: ial in its plaice the n:ette and aedress of til: :surety ee�::pany from wilotil Lhe coil*,t•actor-pr6poses to ototalin L/,i• bolld shouIJ su�enlittOu. ns soon as the contr�ctur furni�hcs the bond ro the nullic-ipalit,y til.^. infonra:l:ti;l should be tclephon.:co to: i.urt:au pf Sewage Proi;rads, Grant lin n.'I�cr.�Ent Unit (518) 457=5651 or 457-5959. The Joi.rit State -Fed, ral Approval to Award will nnL be issued until this perforu:ance bond infor.hation has been stl .,ittcd Lo llec New York State Departn:°nt of Environmental Con.:ervatiorl and verified. "The bidder to whom the nunicipality proposes to award the contract shall, as Soo11 as possible but not later than thirty (30) cl•tys from. Lhe opening of bids furnish to the Irunicip:.lity a bond equal to one hundred per cent. • of the amount of the contract, conditioalcd for tice fasilhful p. fort:lance of all ternns, covanants and conditions of. Enme, with,a surety cumpnny authoi-I.•r.ed to do Lusiness in the State of New York, as surety. if it is not: possible. to submit such Lorca ►•:-thin Lha! t iln_ stated, the bidder shall as soon as possible but not Inter than thirty (30) clays from the opening,of bids furnirh to the municipality the name and address of the surety company authorized to do business in Lhe State of New York which will provida the . bond o and forty-eight (48) ho:lrs before tilt ar:atd of Ole contract furnish • to tha aunicipality n bond equal to one hundred par cent of the Amount of tha contract, condit ionad for I Ilc faithful perform. -ince of all terms, covenants and conditions of saae, with a surety company authorized to do business in the State of New York, as surety. Tile bond shall be maintained in full force for a period of Lwelae motlLtl, after date of final certificate as a guarantee chat the contractor call nalke good any faults or defects in the work arising fro:a impropor or defectio'e worlam. ship or materials which may appear during that period." M2 - 14 of 24 my 'ori; ... .....°T • '...I r -.. ° DIVISIO:i OF Mil:: I� iiUIirRll 0:' SI:::nG V i'i:��Ci:.r.' S 6 Performance Band lufor r.nti en For-ra I°rojcct C-3G- Ccn:sLructi ou Contract Iiu:jber _ 1.1"ic of Contract l:ur' u of Contractor • Addre: ns hondiriD Co-.. ►ey or PL-rsun Isscin.G Security Bond 1►diu•c s s -- 1;-,ndir,B Coi.p::ny tzent Addre:, c Mount of Bond $ Duration of Bond From To Identification Ilumbcr of' Bond M2 - 15 of 24 AFFIRMATYVE AC?I^:' RrvLZF.::: ITS OF :. SSAU-SU FOLK PLAIT -1be following "Affirmative Action. Requirements of the Nassau -Suffolk • Flant is hereby made a part of the Contract Documents. All bidders, under tb.is plan, shall receive and sutmit with his bid the required certificates es stated on Pages -11 throuCh 14 of the Affirmative Action requirements. Adders vho omit the proper certification will be considered non-responsive therefore, not e1:Eible for awar.. All bidders who wish to receive :litional infcrzaticn =ay call (212-264-9303) the :.iractor, Office of ay also be held Civil Rights and Urban Affairs. A pre-bid conference m ty this Office prior to the set bid opening date, so that bid conditions :4Y be made clear to all parties involved. BID CONDITIONS AFFIRMA.TI': r ACTION REQUIREMENT'S EQUAL ET -1 0."1- G?F3STL:�I:Y For all :ion-'Exe-nt : elerr.1 and ie::cr.:111%-'==ist_j Ccnstrueticn Contracts to be Avarst•d is ;:;1 :�'=u:=cl': C: =irNew Yor?. • Part I: The provisions oC_this Fat I erply to bidders, contractors ,rd subcontractors :::th rc;r.:c:: .: C -1n; :rurti" t.r`:?es fuer vhicn they are parties to collective bar minim ^-ree=erts •:ith a labor orgranizatien cr organizations end :'!::: tC:�:::_= l:l::i �.^.�1oY 7r,:: iZ?.L2or•S have agreed to the Ilessas-e`:f:""1'' F_�c:- C_nctr`..cti:n F::C" for equal opportunity (cut only as to those trades az t;, which t1nere are cer:rita.rt; by labor organizations to spmcific Se='s of mi.. rity :.In:-C.er utilization) between the local general contractors and general cc. -tractor's assc`iaticrs, the Mbcontractor3 and subdont:actcrs ass.:cint'c,•s, and the Coalition, together :th all i�rplemert:r�; a;, that. have b_, e l End ..h:reafter be de- `t1oped pursuant thereto, ell of -which docur.o:nts are in zorperated herein =y reference and are ILereinafte: cu=`.:latively referred to as the Nassau - SJ folk Plan. Any bidder, contractor or subcontractor using one or more trades of -:sstruction employees must cc -.ply u nth ei tiler Part I or Part II of these ='I Conditions as to each such 'inu,s, a bid•?er, contractor or sub- �•atractor may be in cc=plianze With these cor.�l�. .:+ :.; i:s inclusion, r1: its s' as to tr :dc "A". provided h union, in the .ossa::-?•if:�tt �'lcs: -re is set forth inhe ''• .= = Plan a v:.Cific cc".itwert by ''.at union to a goal of .minor i cy ':.shower utilization for such trade "A ":,reby meeting the provisions of this Pzrt I, and by its cc--Mitment to Itrt II "in regard to trade "B" in the instance in which it is not included the Nassau-SuffolkPlan and, therefore, can:ot meet the provisions f this Part I. To be eligible for award of a contract un.=er :art I of this invitation., =1dder or subcontractor must exec:::e the cPr:ific=°icn required by Pert III •: sof. M2 - 16 of 24 port II: A. Cov® The provisions of this Part II shall be .iio those bidders, contractors and subcontractors, Who, in ,cabled to those construction trades to be utilized on the project to 'Y:fich these bid conditions pertain: . 1. Are not or hereafter cease to be signatories to the Nassau- ,` ..f,�� Plan referred to in Part I hereof; Are signatories to the P!e:ssau-S;:frolk Plan but are not to collective bargaining &Cree�ents; 3, Are signatories to the Nassau-Surfolk Plan but are parties argaining a;re e__nts with labor organizations who are no collective b er hereafter cease to be signatories to the fiassau-SuffoLk Plan; 4. Are signatories to the Nassau-S::folk Plan but as to which .� Specific cca�it�ent to goals o: s:ircrity r=s_�po er utilization by :aor organization have been executed pursuant to the ::=ss2u-vuffolk ;;tin; or 5, Are no longer participetir.G in an affirazeive action plan ,:ceptable to the Director, 0'CC, incluai n,; :he '�'ss3�i-Su!':olk Plan. a•„ - B. Requireaert_-tea Af?i:--=:ivP ACtiG:l 1...:. The bidders, describs3 in .ara.a ::ltrnctors and subcc:.tractc: s F ��rarns 1 through 5 above x:11 not be eligible for award of a contract ander this Invitation for 1-I ds, unless it certifies as prescribed in p::ra re:ih �l^ of the certification : •cified in Part III hereof that it adopts the Goals and timetables .!firsative action stens set forth in Section P. 1 and ? cf t`as F;L^t II ::rected at increasin3 minority _a:�po::er-itilizaticn by deans of applying w'ed faith efforts t0 Com:-ryir. GL:. .ugh s c'zrz, cr in di:2::ed to have adODtea Vich a program pursuant to -Section b. 3 of this Part II. 1. Goals a^d :i-^tro'_es. ?incrity manpower utilizat 'hc Goals o:' mion :c aired of t!:e bi?d�r sna _�J.c: tr:=oto=s are e-.?l::r_i.'- to each trade A -.-t otherwise bound ty t h a prc•risi:as of Pcrt Ih_reof which ::ill be used -a the project in Nassau -21:: • clic Counties Nev York ''ereinafter referred to as t' --a '' "'�- ��1` =.---a Until Project FPoa aigpce- to Completion hon 'to Prom to Goals of Minority M:Lnmover Utilization Expressed in Percenter,e a=_r^s 11-1/4 - 251 10% Minority" is defined as incladin2 ':e ra s, Sr s Orientals and American In—'e-13, and includes both and wc_ n. M2 - 17 of 24 In the .event that under a contract which is subject to these Bid •,;;,ditions any work is performed in a year later than the latest year ;r vhich acceptable goals of minority manpower utilization have been ,cLe ned herein, the goals for 1974 shall be applicable to such work. The percentage goals of minority ranpo::er utilization above are f�ressed in terms of'menhours of training and employment as a proportion r the total manhours to be worked by the bidder's, contractor's and sub - .::;tractor's entire work fcrce in that trade on all projects (both ftderal �.g non -federate) in the Nessau-Suffolk Area during the performance of contract or subecntrecz. The.r.aihours for n rcrity work and training ..St be sub'stantialiy uniform throlarliout the length of the contract, on : s:l projects and for each of the trades. Further, the trs.^sfer of minority ees or trainees frcm e=ployer-to-employer or from project -to -project .=Ploythe sole pu_*pose'of meeting the contractor's or subcontractor's goal �:mll be a violation,of these conditions. In reaching the goals of zinority manpower utilization required of bidders, contractors and sub- :,-ntractors pursuant to this Pert II, erery effort shall be made to find ..:-.d employ qualified jou ne• ,en. Provided, however, and pursuant to the :..quirements of Depart=Ent of Labor rei7alations . 29 CFR 5e, apPrentices trainees shall be,e:=nlcyed on e'_1 projects suZject to the requirements these Bid Ccrditions and, where feasible, 25 percent of apprentices or .-ainees employed on each poject shall be in their first y, --r of apprentice- t,6aip or training. In order that the non -working training hours of trainees may be' counted in meeting the Foal, such trainees rust be eroleyed by the con- tractor during the training period, the centra --tor zust have made a com- •=itment to employ the trainees at the cc-_-pletien of their training subject �- �f c- la =-' :?crtu^.:t-•=s and t!:a trainees T,st to the availu..ility �- .." '° which t be the equiva- ;rained pursuant to established. training prc3ra.s ='°rus" :cnt of the training r: ogr=s r.G:r or r ereaftcr provided for in the -ssau-Suffolk Plan smith respect to the nature, extent e.^.d duration of .*-mining offered. A contractor or subcontractor shall be deemed to be in compliance with the terms and r`quirererts of this Part Ii by the e::ployment and training of minorities in the epprcmriate percentage of his aggregate v:rk force in the ::nscau_, =£cl:: r:: ea for edea. ;.rade for which it is °ca=itted to a goal under this -Fart II. However, no cootre=tcr or subcontractor shall be fca:n3 to be in non - ft solely oa account of its failure to meet its voals vitpin its timetables, but such contractor shall be given the crrcrtuaity to de==n- itrate that it has instituted all of the suecific affirr-ative action steps c;ecified in this Part II and has rade every good faith effort to came tLese steps work toward the attain ent of its goals within its timetables, 611 to the purpose of expanding minority manpower utilization on all of V3 projects in the ,lass Lu -Suffolk Area. • In all cases, the cc-:pliance of a bidder, contractor or subcontractor 11:11 be determined in accordance with its respective obligations under the t"rm of these Bid�Conditions. Therefore, contractors or subcontractors 1%,3 mre governed by the provisions of this Part II shall be subject to the ;uirem®nts of that Part re-arlless of the cblig=ticn3 of its prime con - •:actor or lower tier subc:ntract.rs. M2 - 18 of 24- All bidders and all con rr_ctors and subcontractors performing or to perform work on projects subject to these Bid Conditions hereby agree form their subcontractors of their respective obligations under the inform of these Bid Ccnii`ioms, including the provisions and re latin6 rcto goals of minority edploymment a-nd training. re 2® g ecific Affirmative A2ticn Steos° Bidders, contractors and g.®tcontractors subject to this 'r��®L II must engage in affirmative action • ;sheeted at increasing minority mer:power utilisation, which is at least ®' extensive and as sYecific as the following steps: a. The contractor shall notify co=unity organizations that the contractor has employ --ant opportunities available and shall =aintain records of the orgr-nizpions' response. b° The contracto ®;tlresses of each mainority wc:n to.en with respect to each such act employed, the reasons there _: ion hiring hall for referral contractor, the contractor's mi therufor. ° c° The contracts rrotection Asency when the unio a collective bargaining agreene Minority worker sent by the con fcrnation that the union reform to meet his r;oal° shall Maintain a file of the nerves and r referred td him and what action was referred worker, end if the worker was or. If such worker was not sent to the r if such wori:er t:cs not employed by the e sball doc=ent this end the rea,ons shall pro--ptly notify the Environmental or unio:as with whom the contractor has t has not referred to the contractor a rector or the contractor has other in- t process has irreded him in his efforts d° The contraictc� scall participate in training programs in the area, especially these I•.:.P-ied by the Department of Labor. e. The contre.t r shall disserintte his --0 policy vithin his own organization by inclrd-m® it in army policy ®:.Weal; by publicizing It in company ncispaders, annu9l rerv®ts, etc., by cen!u=tir.� staff, employee and union representatives' medtia Gs to ex -plain and disce:3s the policy; by posting of the poli ,; and by srecific review of the policy with minority employees. f. The contra or shall dirse:yuste hi_ --D policY ex- ternally by informing and disculssinc it with all recruitment sources; tf advertising in news media, specifically inclrrdir-g minority news meth®; and by notifying asmmd discussing it with all subcontractors and suppliers. g° The contract (both written and oral) recrui organizations, schools and gin tations and minority training cruitment area. h. The contrac' ;resent minority employees to shall make specific and constant personal eat efforts directcd,at all minority ity stucents, minority recruitment organi- ga-•rizations, vithin the contractor's re - shall make specific efforts to encourage reit their friends and relatives® Rig - 19 of 24 i. The contractor shall validate all man specifications, • election requirements, tests, etc. J. The contractor shall make every effort to promote after- schoosumaer and vacation erpler,-+ent to minority youth. k. The contractor shall develop on-the-job training oppor- .ities and participate and assist in arZ association or e_ployer-group •-aining programs relevant to the contractor's employee needs consistent its obligations under this Part II. 1. The contractor shall continually inventory end eveluate all minority personnel for r:cvotion opportunities and encourage minority =ployees to seek such opportunities.. m. The contractor shall make sure that seniority practices, lob classifications, etc., do not have a discriminatory effect. n. The contractor shall make certain that all facilities and company activities are non -segregated. o. The ecatrf.ctor shall cc: *4nually n-nitor 111 peraocr_el e:tivities to ensure that his EV0 Folic;' is Leirig cn -ried out. p. The contractor shall solicit bids for subcontracts from cvoilable minority subcontracto.s en;a�::d in the trades covered b - these bid Conditions, including circulati3n of minority contractor associations. 3. C_ontracto-s nn c �Lr�_t^r_7 =—erred to be Pc: .d 17 Pa:t T -I. �V�C� - ii.. : eligible .under Part I of these Bid Ccaditicns, is no longer participating In an affirmative action pla:', accepteble to the Director of the Office of C :plelac: i- cis i:.- the :.ss••• c..::- Pira, he shall Federal Contract c. ,._.: deemed to be cc=itted to Part IT_ off these Bid Cor.ditions, he shall be considered to to eo it'.c3 t:. =::s -i:.crity =r:.p:::er u ii:tut=ca goal of the minimum ranCe for that trade for the aYrrcc:fate yer. 4. Subsequent Si natory to the -cnf �•''-== Flan• A=ir contractor or subcontractor subject to the requi7ezeits of this Fart YI for any trade et the time of the submissicn of his bid Who together with the labor organization with :rhes it bas a collective bcr -crinin; ac,reerent sub - Plan, Either in!'_vidlually . sequently beco:s a siL: oto:; to tY.e cr through an a3sociaticn, m1;/ meet its requir`=ents under these Bid Con- ditions for such trade_, if such contractor or subcontractor executes and submits a new certification co=mittirg 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, tic:2tible3 or affin:ative action steps required by this Part II in such a manner as to cuuse or result in discrimination against MY person on account of race, color, religion. sex or national origin. M2 - 20 of 24 part III: Certificetior._ A. Bidders' Ccrtifications. 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 follc,ring certification, which will t® deemed a part of the resulting contract: BIDDERS' CER:IFICATIOU certifies that (Bid -der) 1. It intends to use the following listed construction trades in the work under the contract ; and 2. (a) as to those tra':z, ser :girth in the imc_:J r r parzsrauh one hereof for which it is eliEible ur.rcr Part I cf Bid Conditici:s for rarticipation in the Pls1, it will comply with ie _Plan cn all conztructio^ jor:: (b� vh federal and non-federal) in the area within the scope of coverage of that Plan, those tirades being: e and/or (b) as to those trades for which it is required by these Bid Condition3 to comp'_y with Part 11 of tiles"` Bid Condi L,i on3 , it adorts the cinimun minority utilisation Erals L,d the specific affirn=tive action steps contained in said Part II, for all construction wcr'. (both hi Federal and nen-fCc'ea•c1) in , ^e __area subject to these Bid Conditions, those trades being: ; and 3. it will obtain from each of its subcontractors :°nd sub^!t to the Contracting or ade:in'z °:LnZT .. _..cY e 'i Ge' :.O t.lm vim.._ O: C:;: 3L'JOC:etrfict tinder this contract the subcontractor certification rdquired by these Bid Conditions. (Signature of auth^rized representative of bidder) B. Sub ccntrcctcr:' C:!rtifie":.ticns. Prior to the award of �lY subcontract under this Invitation for rids, re ardless of tier, the rrospective subcontractor must execute er.3 submit to the Prime Contractor the follo:ring certification, which will be deemed a part of the resulting ,ubcontract: M2 ® 21 of 24 SUBCONTRACTORS' CERTIFICATION certifies that: S1�bco:.tractcr i 1. it intends to use the following listed construction trades in tt:e work under the subcontract 2, (a) as to those trades set forth in the preceding Fsre�-aph one Bid Co, t.creof for which it is eligible under Part IPlaPlan, it n, will co=plylcas withfor the Participation in the Plea on all construction wort: (both federal n:id non-federal ) in the area subject to these P.id Conditions, those trades being: and/or (b) as to those trades for which it is required by these Bid Conditions to ecMply with Fart II of th=se Bid C:.:.aA. is -3, it alopts the minimum minority a:anpo:rer utilization Coals and the speci:ic df=irrative action steps contained in said Part II for all construction work (both ` ::assay -Suffolk area subject to these federal and non-federal) in the Bid Conditions, those trades bring: and 3. it will obtain from each of its subcontractors rrior to the award of any subcontract under this subcontract tL•e subcontractor certification required by, these Bid Conditions. Signature of authorized representative of bier) d In order to ensure that the saki .;ubcontractor'� carti= catecn bacc=es a part of all subcontracts under the prime contract, no subcontract shall to executed until an authorized representative of the 11.S.r.P.A. has determined, in writing, that the said certification has been incorporated In such subcontract, regardless of tier. Any subcontract executed without such written approval shall be void. -C. Materiality and ResDorsiveness. The certifications required to be made by the bidder pursuant to these Bid Condition..; is raterial, and will govern the bidders perfor--ance on the project and "ill be made a part of his bid. Failure to submit the certification "ill render the bid nonresponsive. M2 - 22 of 24 parte and cr.i'e °cc-n0t. Contractors as toresponsible re - for informing their subcontractor (r- edless o® � vc ming t ions under Parts I and II hereof (as applicable). Bidders® 8 ccta subcontractors hereby agree to refrain Ener entering into contractors and �.� contract or contract c:odifidaticn��a contractor debarred from, u,cdebe�2or, as amended, of September 24, 19559 w who is determined not to be a "respcnsible" bidder for, Government con® t t'ac is and federally assisted construction contracts pursuant to the ive Order. �e �zccutbidder, contractor or subcontractor actor shallrunny Out such sanctions rend per.alidoes fe: violation of the equal c�ppootu.�ity including suspension, tem,-r,and cancellatier. et existi rs clause the admi :istdring arer:cy, Ilubcontracts as may be imposed or ordered by the contractir.V egency or the Office of a ederal Cor:tr a t Com�.liance pursuant to the Executive Order. ionsee-ndrpe®alties®shallsbecdeer�®dtor A0 shall fail to carry out suchs;�net to be in noncompliance with these'Bid Conditions and Executive Order 11246, as amended. Nothing herein is int.=de1 to relieve any contractor or subcontractor during the term of its contract on this p.oJect frcr cd.pliJ:.ca with Executive Order 1124®, cz emended, and the su®1 Cppurt°�nbd% Chase of kxec ;t�ers :jot covered in the z-:u®r:sffolk its contract, with respect to Plan or in Part II of these Bld Ccnditios Violation of any substantial require:cent in the !:assau-csi'folk Plan. by a contractor or subcontractor coverer by Part I of these did Conditions including the failure of such ccntractor or subcontractor to m�e a good faith effort to meet its fair so: : a. -hare of the trade's Goals of ninority man- ..G;e^. t II hareoe by a con® utilidstic:: or of the r.2cui, es traitor or suacc::cg'•.�c6ur rover w.lo _s c,..evc.� `a ®�` noncompliance by such centre^_ter c•c sasb:enrr�aetor with the Pgaual Orpor® tunity Clause of the Contract, Gzd syh .11 be groan; s for ine.o:,ition of the senctio^.s had pe,.a1tie3 provided at Section 209(a) of E:c :cutive Order 11246, as emanded. Each agency shall rev cw its contactors' and subcontractors :e ter"c� -ace of tt:= ccs: react ° If the employment practices durin: -: _ -=�r�r.� :ts es that t;;_ � 1_ � .i._ Plan no ic: _Cr r__ - agency deterWin � = .� •- -•� effective affirmative action, it seall so notify the ✓ffil—E of Federal Contract Compliance which shall be solely responsible fcr . y final termination of that question and the consequences thereof - In ereof. In regard to Part II of these conditions if the contractor or sub® contractor meets its goals or if the contractor or subcontr2ctom can demonstrate that it has made every good faith efforr to meet those gels, the contractor or subcontractor shall be pres=2d to be in corpl®anee . with Executive Order 11246, annen..ded, the i ep9 er entirg regulations and its obligations under these 'i ra oditior:a and no fora®1 sanctions or proceedings leadin" toward sanctions shall be instituted unless the agency other -rise determines that the ccntractom or seubcortr2ctor is not providing equal employment opportun'_ties. In ,ud.. U whether a contractor or subcontractor has met its goals, the agency will consider each con® _ tractor®s or subcontractor®s mincrity r..anpew-r utilization and will not take into consideration the minority ms over utilizatirn of its sub m contractcrs. Where the aGenc! f®^:' :hat the contrectcr cr subccnsractor M2 e 23 of 24 has faeled to co:. -ply with the requirements of Executive Order 11246, as a✓ended, the implementing regulations and its obliCaticns under these Sid Conditions, the agency shall take such action and icaose such sanc- tions as may be appropriate under the Executive Order and the renulations. • When the agency proceeds with such formal action it hcs the burden of proving that the contractor has not wet the requirements of these Bid Conditions, but the contractor's failure to meet his goals shall shift to him the :requirement to come forward with evidence to dhow that he has met the "good faith" reouirements of these Sid Conditions by instituting at least the Specific Affi native action steps listed above and by making every good faith effort to make those stets work to az-°d the attain: enz of its goals within its timetables. The pe d®^cy of such .ter-.�1 proceedings shall be taken into consideration by Federal agencies in determinin; whether such contractor or subcontractor ca.: cc=;ply with the requirements of Executive Order .11246, as amended, and is therefore a "responsible prospective contractor" within the meaning of the Federal procurement regulations. It shall be no excise that the union with which the contractor has a collective bareainin; agree= t provid:nv for excl°,::iv_ referral failed to refer r_marity e= lcyeLs. The procedures set forth in these conditions --'hall not apply to any contract when the tread of t:a contracting or administering aGency de- termines that such cc ntracV is ess-ential to the natioLe1 seclrit.Y Ea!d that its award without follo•.ring such pr ocelu°es is pece_sary to the national security. upon =akin- such a detervination, the agency head will notifv, in writing, the Director of the Office of Feder31 Contract Compliance within thirty days.. Req`1cstS for e:°e-pti ons frc;a these Bad Conlitie ns be =!de in writinu, with justification, to the Durectcr, Office of Federal Ca:tract • Compliance, U.S. Deasm tent of L car, ila;`:ir.:;to:., 2j21 �:d-; hall be forwaried through and with the er.3orser_e :r. of the ER' ;cy head. Contractcr3 and subcontractors Lust )cern such recon::s End .file such reports relating to the provisions of these Bid Conditions a3 shall be required by the contracting or/ ed-ainistering `:7ency pr the office Of Federal Contract Compliance. For the information of bidders, a coz: of the Nasseu-Suffolk Plan maY be obtained from the contracting officer. M2 24 of 24 A't'!'(�'L, "' - :1111': !'i �r.i: - ;)i�,li�Ji"!'�,ii•!: - i)i•ti'It?';''. 1:.. .e r'). 1hr, vaLU,• 1f illy `''t1cLr: .illcL11 r JLl"rilli'llod ` at I' ill'_i' illi,: (a) :;,y prices specifically rla,med in the specifications )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 burdens, general office expense, etc. 157. Actual cost of labor and material shall be defined as the amount 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. r., Item 2 - Wage paid to workmen and foremen and wage supplements paid to labor organizations in accordance with current labor agreements. Item - Premiums or taxes paid by the contractor for workmen's cempensa'_Dn insurance, unemployme�ftt 'insurance, FICA tax and other payroll ,axes as required by law, net of actual and �:nticipated refunds and rece_es. Item 4 - Sales taxes paid as required by law. Item 5 - Allowance for use Df construction equipment (exclusive Df hand t. 1s and minor equipment), as approved for use by the Engineer -in -charge. The rate on self -owned equipment used for periods of under ane week will be the Associated Equipment Distributor's published monthly rate divided by 22 days to establish a daily rate and divided again by eight hours to establish an hourly rate. Equipment used for periods of 5 days or more will be billed at a rate equal to 450 of the published monthly rate. In the alternative, the-%gineer-in- charge may approve for reimbursement a rate representing the allocable costs of ownership. Self -owned equipment is definea include equipment rented from controlled of affiliated companies. Rented equipment will be paid for at the actual rental cos:. Gasoline, oil and grease required f_1r operation and maita enanc,�..gill be paid f:1r at the a.c�ua' 1,`-`s+. dhen, in the opinion )f -he A29 - 1 of 2 cofitra(_,t(�r, and .u: ..Lp[!1',Vt'1 by '•!: :quipment is noi-,vailabl, ,rt i.:r s. '.ue inovitlr• )C equipment to and from :h,, s Le wi.i ) n:ii.} f )r .t is • Item 6 - When the material furnished under ite!,. (1) is used itaterial, 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, a suitable credit shall be given the State. 158. Regardless of the method used to determine the 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 1-7/o may be added if method (b), (c) or (d) is used, and o the cost of the labor and materials plus overhead there may be added 1.7"/6 for profit. The percentages for over- head and profit may vary according to the nature, extent and complexity of the work involved, but in no case shall exceed the percentages set forth in this paragraph. No percentages for overhead and profit will be allowed on payroll taxes or on the premium portion of overtime pay. 160. If the work is done by a subcontractor, subcontractor's overhead in the amount of 5/ may be added to cost of labor and materials if method (b), (c) or (d) is used and to the cost of labor and materials plus overhead there may be added 10;10 for the subcontractor's profit. To this amount there :,.y be added 1Cr/O 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. A29 - 2 of 2 ■ I% HOLZMACHER, McLENDON S MURRELL. P.C. CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS and PLANNERS SUPPLEMENTAL REQUIREMENTS CHANGE ORDERS New York State Department of Environmental Conservation requires that the percentages for overhead and profit be subject to negotiation for change orders over $100,0000 SR - 1 of 1 !)V HOLZMACHER, McLENDON & MURRELL, P C. R J U 2A CONSULTING ENGINEERS. ENVIRONMENTAL SGENTISTS and 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 ($50,000.), or 5% of the Contract award amount, whichever is greater. BRI - 1 of 1 HOLZMACHER, McLENDON & MURRELL. P C CONSUL TINO EMOINEERS. ENVIROMYEMTRI 3GENT10T8 -4 PLANNERS QUALIFICATIONS OF BIDDERS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK The following is a list showing the name of the Owner, the Location, the Date of Construction and/or Performance, a General Description of the Work, and the Amount of the Contract of Work of a similar nature constructed and/or performed by the undersigned, and which has been com- pleted and in operation for a period of not less than one (1) year, (minimum of five such projects). FIRM NAME: ADDRESS: SIGNED BY: TITLE: QB -1 U2AHOLZMACHER,McLENDON 6 MURRELL. P.C. CONSULTWO ENOINEEAS. ENVIRONYENTRL SGENTISTS wW PLANNENS 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. I. 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. t Award of subcontracts is specifically forbidden to any firm listed on USEPA's Master List of Debarments, Suspensions and Involuntary Ex- j clusions. Contractor should contact owner/engineer to determine if a firm is currently listed. NIS GC - 1 of 9 ®1 °2 0 HOLZM ACHER,McLENDON & MURRELL, P C. CONsmTwa EN04NEEAG. ENV1F*WU9NTAL$06H BT6e PLANNERS GENERAL CONDITIONS (CONVD. ) 4. INTERPRETATION OF DRAWINGS, ETC. In the event of discrepancies between the Drawings and the Speci- fications, the following order shall be given preference when making interpretations: a® Addenda (later dates to take precedence over earlier dates) b® Drawings (schedules or notes to take precedence over other data shown on Drawings) c® Detailed Specifications d. General Specifications e. General Conditions On all Plans, Drawings, etc., the figure dimensions shall govern in the case of discrepancy between the scales and figures® The Contractor shall take no advantage of any error or omission in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Speci- fications and of the Plans as construed by him, and his decision shall be final® All work that may be called for in the Specifications and not shown on the Plans, or shown on the dans 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 sameis implied and required, and that the Contractor shall perform such work and furnish such materials as if they were completely de- lineated e®1ineated and described. 5. ADDITIONAL WORK Additional work, if required to be performed under this Contract, will be in accordance with the applicable paragraphs of the Contract. The Engineer shall be the sole judge as to whether such work was intended as part of the Contract or is in addition thereto® NIS GC - 2 of 9 HOLZMACHER,MCLENDON & MURRELL, P.C. CONU,11"O ENWNEEsc4. ENVI"MENTAI DOENT16TS MW pLANNER6 GENERAL CONDITIONS (CONT'D.) 6. OCCUPATIONAL SAFETYAND HEALTH ACT • The Contractor shall 970meet andall subsequent revisionsOccupational shall Safety and Health Act of 1 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 con - Act, the Contractor shall erect and maintain necessary sanitary e veniences for the use of employees on the work. Such conveniencs es 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. S GC - 3 of 9 all W 7 HOl1MACHER,McLENDON d MURRELL, P.C. CONUXTINU ENOINEERS. ENVIRONVENTnI ECAENTHTL.M PLANNERS 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 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. S GC - 4 of 9 IN 9 2 8—Y,�I HOLZMACHER, McLENDON 6 MURRELL, P C. � IL44 co.wUlTWORNO IM.YMvWTAa6w.rt"re-@F AMM" 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 9 J �3 ` 4 HOLZMACHER, MCLENDON & MURRELL, P.C. COWKyna I aWHOW f«vwowASIVAL Swwrnrs OW R.AMIiwM 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 th-e work and the completion of same, or any process 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 A-11 damage, direct or indirect, of either the performance of, or resulting during its progress from whatever cause, by the Contractor, and all work shall be date of the Final Certificate. 17. GUARANTEE WARRANTY whatever nature resulting from to, the work under this Contract shall be borne and sustained solely at its risk until the 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 sp9cified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Engineer, at no cost to the Town. 18. STANDARDIZATION The DETAILED and GENERAL SPECIFICATIONS indicate specific manufac- turers and/or catalog numbers, etc., for the purpose of standardization with the Town in order to minimize stockpiling of replacement parts. 19. DEFINITIONS The words "or approved equal" shall refer to an approved equal which has in fact been approved by the Town after inspection by the engineer that such approval is satisfactory. In the event that there is a dispute between the contractor and the engineer as to whether the item is equal, a hearing will be had before the Town Board or its duly authorized representative who shall make findings of fact and conclusions of law after a hearing which would then be forwarded to the Town Board for their ultimate decision and that such decision would be binding. The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL, P.C., Consulting Engineer for the Town. GC - 6 of 9 ■ �`"u HOLZMACHER, McLENDON & MURRELL, P.C. CONSULTING ENGINEERS. ENVIIIONMENTAL SCIENTMTS WA PLANNERS GENERAL CONDITIONS (CONT'D.) 20. SHOP DRAWING SCHEDULE If requested by the Engineer, the Contractor shall submit a shop drawing schedule fixing the dates for the submission of shop drawings for the beginning of manufacture and installation of materials and for the completion of the various parts of the work. This schedule shall be coordinated with the progress schedule. 21. SHOP DRAWINGS The Contractor shall submit for approval of the Engineer all shop drawings called for under the Contract or requested by the Engineer or required for the performance of the work, and no work shall be fabricated by the Contractor, save at his own risk, until such approval has been given. The shop drawings shall be submitted sufficiently in advance of construction requirements to allow ample time for checking, correcting, re -submitting and re -checking. Submission of shop drawings and samples shall be accompanied by transmittal letter in duplicate. Shop drawings and transmittal letters shall be dated and contain the project name, name of the Contractor, the applicable section and page number of the specification, and the applicable drawing numbers and detail numbers of the Contract Drawings. If the item is resubmitted, the number and date of each revision shall be included. Shop drawings prepared by SubcorVtractors shall be accompanied by a transmittal letter from the Subcontractor to the Contractor requesting Contractor's review and Engineer's review. After the Contractor has stamped and reviewed each shop drawing in accordance with the afore- mentioned requirements, the Contractor shall forward the shop drawings to the Engineer accompanied by a transmittal letter requesting Engineer's review. The tra$smittal from the Contractor to the Engineer and the transmittal from the Subcontractor to the Contractor shall set forth the information outlined above. Shop drawings are drawings, diagrams, illustrations, schedules, brochures, cuts, or other written, printed or graphic information furnished by the Contractor to describe in detail the Contractor's intention concerning the visual characteristics of the construction, or the physical arrangement of some part of the work, for the review of the Engineer. Shop drawings shall show the design, dimension, connections, and other details necessary to insure that the shop drawings accurately interpret the Contract Documents, and shall also show adjoining work in such detail as required to provide proper connections with said adjoining work. Where adjoining work of more than one trade occurs, the Contractor shall be responsible for coor- dinating shop drawing submissions so that they are received simul- taneously for review. Shop drawings shall amplify design details of mechanical and electrical equipment in proper relation to physical spaces in the structure; and incorporate minor changes of design or GC - 7 of 9 FIZ1414 HOLZMACHER, McLENDON & MURRELL, P.C. CONSULTING ENGINEERS. ENVIRONMENTAL SCNENTMTR ■W PLANNERS GENERAL CONDITIONS (CONT'D.) construction to suit actual conditions. All shop drawings and samples shall be thoroughly checked by the Contractor for compliance with the Contract Documents before submitting them to the.Engineer for approval, and all shop drawings shall bear the Contractor's stamp of approval certifying that they have been so checked. Any shop drawings submitted without this stamp of approval and certification, and shop drawings which, in the Engineer's opinion, are incomplete, contain numerous errors or have not been checked or only checked superficially, will be returned unchecked by the Engineer for resubmission by the Contractor. In checking shop drawings,;the Contractor shall verify all dimensions and field conditions and shall check and coordinate the shop drawings of any section or trade with the requirements of all other sections or trades whose work is related thereto, as required for proper and com- plete installation of the work. By submitting shop .drawings., the Contractor confirms that he has determined and verified,all materials, field measurements and field construction criteria related thereto, that he has checked the shop drawings for complete dimensional accuracy, that he has checked to insure that work contiguous with and having bearing on the work shown on the shop drawings against the composite drawings, that the work has been coordinated, that the equipment will fit into the assigned spaces, and that he has checked and coordinated the information contained within such submittals with the requirements of the work and of the Contract Documents. Measurements not available prior to submission of shop drawings shall be noted on the shop drawings as not available and such measurements §hall be obtained prior to fabrication. The Contractor shall submit five copies of all shop drawings to the Engineer for approval. After the review of a shop drawing sub- mission, the Engineer will retain two copies, and send the remaining copies to the Contractor. If the Contractor should alter any information on previously submitted shop drawings other than the notations called for by the Engineer, he must circle, this new information to bring it to the Engineer's attention. In submitting shop drawings for approval, all associated drawings relating to a complete assembly shall be submitted at the same time so that each may be checked in relation to the entire proposed assembly. The Engineer's review of shop drawings shall be given as assistance to the Contractor in interpreting the requirements of the Contract Doc- uments, and in no way shall it relieve the Contractor of any respon- sibilities under this Contract. Any fabrication, erection, setting, or other work performed in advance of the receipt of drawings marked "No Exception Taken" or "Make Corrections Noted" shall be done entirely at the Contractor's risk. GC - 8 of 9 HOLZMACHER, McLENDON & MURRELL, P.C. CONSULTING ENGINEER& ENVIIIONMENTIIL SCIENT1878 and PLANNERS GENERAL CONDITIONS (CONT'D.) The Contractor shall be responsible for the accuracy of the shop drawings, and for the conformity of documents unless the Contractor has notified the Engineer of the deviation in writing at the time of submission, and has received from the Engineer written acceptance by separate letter of the specified deviations. The Engineer's review shall not relieve the Contractor of the responsibility for errors or omissions in the shop drawings, product data, or samples. The approval of shop drawings shall not be construed: 1. As permitting any departure from the Contract requirements. 2. As relieving the Contractor of the responsibility for any error in details, dimensions, or otherwise that may exist. 3. As approving departures from additional details or written instructions previously furnished by the Engineer/Owner. 2 GC - 9 of 9 9� 2 ■ A)V HOLZMACHER, MCLENDON d MURRELL, P.C. �� CO@45 TMGI"Mtf.M.[MVW4"EN1MBC OdTfgt/end NANM*nf 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). The Owner or his designated representative shall be respon- sible for coordination of work progress. 3.0 - PERMITS AND REGULATIONS The General Contractor shall obtain and pay for all permits necessary to conduct the work and complete this contract. He shall obtain the Building Permit and Certificate of Occupancy. All work shall be performed in strict accordance with the regu- lations and requirements of the various civil agencies having jurisdiction thereof. Upon completion of the work provided for in this contract, and before final payment shall be made, the Contractor shall furnish the Engineer with any necessary certif- icates of approval issued by these various agencies. GS - 1 of 6 itc'_.:r»C11E7. McLEW—C-H .. Mu%kELL. PC. CVW.U01UC 2R:NE.ERS GENERAL SPUCIFICATIOrdS (MITI D. ) 4.0 - SIGNS The General Contractor shall construct a project sif;n as detailed on the drawings and described in the specifications. 5.0 - GRADES, LINES, LEVELS AND SURVEYS (a) The major axial building: lines, measurements, grades, lines and a bench marl: shall be established by the General Contractor. (b) All other grades, lines, elevations and bench marks shall be established and maintained by the General Contractor who shall be re- sponsible for same. (c) The Contractor shall verifl, al;. 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 Engineer before corinencing work. (d) The Contractor shall provide and miai.ntain well-built ratter - boards at all corners; he shall establish bench marks in not less than two widely separated places. As the work prorresses, 'tie shall establish bench marks at each floor, giving exact levels of the various floors. (e) As the work progresses, the Contractor shall lay out (on the forms or rough flooring*) the exact location of all partitions as a guide to all trades. 6.0 TEMPORARY ENCLOS.URI S The Contractor shall provide temporary !•reather-tight enclosures for all exterior openings as soon as walls and roof are built so as to protect all. 140171: from the weather. 7.0 - TEMPORARY LIGHT, WATER, ETC. The Electrical Contractor shall furnish a system of temporary lighting and convenience outlets throughout the buildings conforming to NEC, OSHA, and Union Minimum requirements. The work shall include all fees by the Utility Company and energy charges for the work on this project. Service shall be 200 Amp minimum: In addition, the Electrical Contractor shall b available for power turn -on for all hours of regular trades. Water shall be supplied by the District, at no charge, at the nearest hydrant or District facility. Temporary Heat - The General Contractor shall protect his work from freezing and maintain temperatures suitable for the progress of the work GS -2 of 6 9 2 ■ l2AHOLZMACHER, MCLENDON & MURRELL. P C. p0kgKJIN0 ING"EM.■WVW*P VdTAL&C1114f4t1M RAWWRO 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, and shall remove them from the site at the completion of the work. 9.0 - GENERAL PROTECTION The Contractor shall place a sufficiency of red lights on or near any work accessible to the public and keep them burning sunset to sun- rise; he shall erect suitable railings or barriers, and shall provide watchmen on the work by day or night, as required and deemed necessary for the safety of the work on public or adjoining property. The Municipality reserves the right to remedy any neglect on the part of the Contractor as regards the protection of the work which may come to its attention, after 24 -hours notice in writing; except that in cases of emergency, it shall have the right to remedy any neglect with- out notice, and in either case to deduct the cost of such remedy from money due the Contractor. 10.0 - PROTECTION OF EXISTING WORKS T 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 CUNSULI:.`I :1 CLG:NCC�� GENERAL. SPrCTFICATIOPS (CO OT'D. ) 11.0 - HECE.",,)ARY DETAILS POT SPI:CII-ICAI,LY 11111TIONED All work that may be called for in the specifications and net shorn on the plans, or shown on the plans and not called for in the speci.fi.ca- tion-s, shall be furnished and executt-cd by the Contractor, as if dosi.(;na- ted in both these ways, and shoulr: any vorl"or material bo recluired trl'tch is not denoted in the plans and specifications, either directly or indi- rectly, but which is nevertheless, riecessary for the proper carrying; out of the intent thereof, it is understood and ar-reed that the same is im- plied and required and that the Contractor shall perfor!,i such work and furnish such materials as if they werc coripletely delineated and de- scribed. 12.0 - CASH ALLOWANCE The Municipality reserves the .r:ii,ht to deduct any or all cash allow- ance hereafter mentioned and purchase such material referred to, deliver- ing same to the Contractor who shal'.1 install sarin complete. '-Phe Con- tractor will be reimbursed when there allowances are exceeded or will be required -to give a deduction when the purchases do not equal the allow- ances. Cash allowances referred to do not include installation unless specifically mentioned, but the Contractor shall he required to install same. 13.0 - PLAHS AND SPFCIFICA'I"10113 This Contractor will be furnished six (F) setts of the plans and spec ,ifica.tions of his contract and one (l) set of plans for the other' contracts. Additional sets will be furnished at cost or reproduction;. One complete set of plans and specifications shall be kept in a shelter- ed place on the site. 14.0 - CLI: `IT 'G JP The Contractor shall remove all debris and rubbish from the site as fast as it accumulates, duri.nf: the course of construction. On com- pletion of the contract, and at the time of final inspection by the Municipality, the premises shall be left .in a. clean, presentalble con- dition, including.; but not limited to the following items: (a) General broom cleaning. (b) Femove all mortar droprings from floors, walls,. doors, windows, louvers, etc. (c) Remove putty stain: fron 1�1.ass. '•�a:;h and polish glass inside and outside. (d) Clean all floor: o!' spots, paint, stains, marks,etc. GS -4 of 6 C^K". iil" 1NJINc'.'3 GENERAL ,l'I:(,IPTCA'fi0 1!S (COIIT,D. ) (e) Remove marls, s tale.,, 1'i.n(r.ernrint::, dirt and ether: - soil from tainted an(., ot;he:^ finished sur•1'aces. 15.0 - VI:;IT TO VORK SIT!? PRIOR TO DID :l.11'HISSI00 A. The Contractor shall visit the site and: (1) Confirm the locations, di_nicnsions, utilities present, soil conditions, water levels. (2) Confirm all dimensions rrlhet-her shown on the drarring,s 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 ditrinf: construction that he was unaware of certain dimensions, locations, soil or crater conditions, utilities and that additional work is, therefor-, required. 16.0 - SLEEVE,:', AHD OPENING1S The Contractor shall. be responsible for providinf; openi.nrrs and/or installing all sleeves furnished by other contractors into the construc- tion wrork and for installing all openi firs called for on the drawings. The Contractor shall close all openi.nf:s installed by him'after materials have been inserted. 17.0 - SCHEDULE 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 type. This schedule shall be corrected by the Contract.oi as required by the Engineer in order to plan the progress of the work unde 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 scheduling of all work to be performed under the remaining contracts. 18.0 - VArPT,.;',TTG11T SIM, UC' t11;ES It is the intent of these Pians and specifications to obtain water- tight structures and the Contractor shall. prosecute the work in such a manner as to obtain this end. In the event: of leahat*e, the Contractor shall make aL1 necessary repairs to the complete satisfaction of the Engineer. GS - 5 of 6 9 2 V2V HOLZMACHER. MCLENOON 6 MURRELL. P.0 J � � CONVATINO [MWN�IM. 1MYNI0MYMiAI SCN04II9TO w AAMM(M GENERAL SPECIFICATIONS (CONT'U.)- 19.0 - f.1AIMTA Ii II!GT PL01-' OF `•I :!'EF;a ? , 1!ATER bINF. ► ATrn PRA T WM ', The Contractor shall, at his own cost and expense, provide .for and maintain t!ie 'rlow (if all seviprs, dr.airns, :i.nlot connections and :x.11 vater- courses whI ch may be met with duri.n;* tie prorre: s of thr word:. Ile shaI I not allow the contents of any sever, drain or inlet connection to flow into trenches, sewers or other, structures to be constructed under the contract, except where v:r.itten permission is f••iven by the Enf,-Aneer and shall, at his oran expense, immediately remove and cart away from the vicinity of the work all offensive ratter, usint- su.sh precautions in so doing as may be directed by the EnFrincer. The Contractor shall, at his own co:t and expense, provide for and maintain the flow in all viater mains or laterals which may be met with during the progress of Lhe work, lr case of an accidental breaking of water line, the .repairs of such breal. shall have priority over all other operations. 20.0 - CLEAHI NC, A"-111DPR0 i;C'T'.In`r1 All materials and equipment shall he properly and effectively pro- tected, at least as follorls: ,(1) Equipr; ment shall reain in their crates and/or cartons and be covered with a waterproof tarpaulin until the Contractor is ready to install same and should thereafter he protected adequately by similar means to prevent any damar;e duri.nt; construction. (2) All pipe openings shall the temporarily cloyed so as to prevent obstruction and dima.r-e. Upon completion of instal.]ati.on, all equipment shall be uncovered, thoroughly cleaned, and be in perffct condition. 21.0 - TEMPORARY OFFICE In addition to the requirements of the General Conditions of the specifications, the General•Contractor shall provide a separate� office for the Engineer, of at least 120 square feet. The office sshiail include a desk, chair and filing cabinet. Suitable heat (701 during winter months) and -light shall be provided. The Contractor shall also maintain on the site at all times a telephone available to the Engineer. All telephone bills shall be paid by the Contractor. The Engineer's office and telephone shall remain at the site until all major work including fine grading has been completed. The General Contractor shall provide separate electrical service for the trailer, and pay all energy charges. 22.0 - NOISE CONTROL Noise control measures including the use of adequate mufflers shall be utilized on machinery. GS - 6 of 6 HOLZMA.CHER, McLENDON & MURRELL, P.C. 1 H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS - I PROPOSAL - BIDDER'S DECLARATION TO THE TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK: BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this Bid or Proposal as prin- cipal or principals is or are named herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken; that this Bid or Proposal is made without any connection with any other person or persons making a Bid or Proposal for the same purpose; the Bid or Proposal is in all respects without fraud or collusion, that he has examined the site of the work, the Form of Contract and Specifications, and the Drawings therein referred I to, and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; I that he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN BOARD of the TOWN OF SOUTHOLD in the Form of Contract accompanying this Bid, to perform all the work re- quired in accordance with the Plans and as mentioned in said Form of Contract, Specifications, Notice to Bidders, Information to Bidders and General Conditions, and he will accept in full payment, therefore, the following sums to wit: P -A U2AHOLZMACHER, McLENDON & MURRELL, P C. CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS and 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. �A CONSULTINOENGINEERS.ENVNgNMENTALSGENTISTSwdPLANNERS 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. CONTRACT NO. 1 - GENERAL CONSTRUCTION & MECHANICAL WORK Contingency Item GC -1 Spare Odor Control System CONTRACT NO. 2 - HEATING, VENTILATION & AIR CONDITIONING CONTRACT NO. 3 - PLUMBING CONTRACT NO. 4 - ELECTRICAL P -B - 2 No Contingencies No Contingencies No Contingencies No Contingencies HOLZMACHER, McLENDON & MURRELL, P C. U CONSULTINOENGINEERS.ENVIRONMENTALSCIENTISTSWdPLANNERS PROPOSAL (CONT°D.) WASTEWATER DISPOSAL DISTRICT TOWN OF SOUTHOLD SCAVENGER WASTE TREATMENT FACILITY SOUTHOLD, NEW YORK BID DATE: UNIT PRICES 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. 111A, HOLZMACHER, MCLENDON a MURRELL, P.C. CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTG mIl PLANNERS PROPOSAL (CONT'D.) WASTEWATER DISPOSAL DISTRICT TOWN OF SOUTHOLD SCAVENGER WASTE TREATMENT FACILITY SOUTHOLD, NEW YORK CONTRACT NO. 1 - GENERAL CON- STRUCTION & MECHANICAL WORK ADDITIONS DEDUCTIONS 1. Split Concrete Block Work $ sq.ft. $ sq.ft® 2. Concrete Block Work (filled with mortar) $ sq.ft. $ sq.ft. 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 deep) $ lin.ft. $ lin.ft. 6. Cement Lined Ductile Iron Pipe, 6 -inch (0-10 feet deep) $ lin.ft. $ lin.ft. 7. Cement Lined Ductile Iron Pipe, 8 -inch (0-20 feet deep) $ lin.ft. $ lin.ft. 8. Cement Lined Ductile Iron Pipe, 12 -inch (0-10 feet deep) $ lin.ft. $ lin.ft. 9. Cement Lined Ductile Iron Pipe, 16. -inch (0-10 feet deep) $ lin.ft. $ lin.ft. 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. 16. 4,000 p.s.i. Concrete $ cu.yd. $ cu.yd. P -B - 4 Hsu HOLZMACHER, McLENDON & MURRELL, P C. �v- CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS PROPOSAL (CONT'D.) WASTEWATER DISPOSAL DISTRICT TOWN OF SOUTHOLD SCAVENGER WASTE TREATMENT FACILITY SOUTHOLD, NEW YORK ADDITIONS DEDUCTIONS CONTRACT NO. 2 - HEATING, VENTILATING & AIR CONDITIONING 1. No Items - - CONTRACT NO. 3 - PLUMBING 1. No Items - - CONTRACT NO. 4 - 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 U�HOLZMACHER, McLENDON & MURRELL, P.C. L A GONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS wd 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 ADDRESS NAME OF BIDDER: BUSINESS ADDRESS OF BIDDER: TELEPHONE NUMBER: (DAY) (NIGHT) DATED AT: THE DAY OF P -C �—{�u HOLZMACHER, McLENDON & MURRELL, P C. ■ Z44 CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS -d PLANNERS PROPOSAL - CONT'D. - NON -COLLUSIVE BIDDING CERTIFICATE NON -COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 1. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any com- petitor; and 3. No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition, Dated: Southold, New York 19 BY: If this bidder cannot make foregoing certification, a statement signed by the bidder is attached setting forth in detail the reasons therefore: WE ■ IZ HOLZMACHER, McLENDON & MURRELL, P C. CONSULTING ENGINEERS, ENVI"MENTAL SCAENTIBTB wd 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. 1 - 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 - 1 of 4 H�HOLZMACHER, MCLENDON & MURRELL, P.C. I CONSULTING ENGINEERS. EN41FAMMENTAL SCIENTNITSftd 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 - 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 - 2 of 4 METHOD OF PAYMENT Hsu HOLZMACHER, McLENDON & MURRELL, P C. �J44 CONSULTINGENGINIERS.ENVIRONNENTALSOENTtSTBendPLANNERS TOWN OF SOUTHOLD WASTEWATER DISPOSAL DISTRICT SCAVENGER WASTE TREATMENT FACILITY FEDERAL PROJECT NO. C-36-1120-03 CONTRACT NO. 3 - PLUMBING This Contract is a Lump Sum Contract. 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 - 3 of 4 SLJ HOLZMACHER. McLENDON & MURRELL. P.0 CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS And PLANNERS MOP - 4 of 4 "(-&LAA^k,r1LtA. pACLLr,4L^Aq 0, mkjnf%�. CONSULTING ENGINEER® AND ENVIRONMENTAL 6CIENTIAT3 • CONTRACT CONTRACT IN QUADRUPLICATE FOR AT TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, dated _ 9 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 Jump -sum price(s) as listed in the Proposal herein® HOiZMACHER, MCLEPoOON & MURRELL, P.0 / H2M CORP. CONSULTINCI ENGINEERS AND ENVIRONMENTAL 9CIENTIST9 CONT11ACi' - CONT -1). 1. CONTRACT [DOCUMENTS AND DEFINITIONS The Notice to Bidders, Information for Bidders, Proposal, General Conditions, Contract, Specifications and Plans, 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, Informati.o`a for Bidders, General Conditions and Proposal. In case of any con- flict or inconsistency between the provisions of the 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, equI-pmen-t 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 form. SUBCONTRACTOR: The term "Subcontractor", as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project, but not including the parties to this Contract. ENGINEER: In the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACHER, McLaENDON & MURRELL, P.C. , (herein called the "Engineer") . W HOUMACHER. MCLENDON & MURRELL. P.C. / H2M CORP. CONSULTING CHGINE[A® AND ENNIftONMENrAL OC104TISTS CONTRACT - CONT' 19. 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 person, 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. ® 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. •, • ;• • •• (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 ]'or any extra work, as so ordered, shall be determined as follows: C-3 HOL.ZMACHER, MCLENDON & MURR" P.C. / H2M CORP. COMULnN0 ENaINEERs AND [NVIRONMQ:TAL SCIENT19T9 CONTRACr - CON'r' n. (1) By such applicable unit: 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 ttie 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 sum, then by actual net cost in money to the Contractor of the materials, permits, wages, or applied labor, premiums for Workmen's Compensation Insurance, payroll taxes required by law, rental for plant and equipment used (excluding small tools) to which total cost will be added twenty percent (20%) as full compensation for all other items of profit, costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen's Compen- sation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and tine 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 t -hat the day lie commences, work shall constitute the first of the consecutive calendar days allowed for completion of the work. C-4 HOLZMACHER, McLMDON & MURR" P.C. / H2M CORP. CON3ULTINCE CHOINEERI AND ENVIRONMENTAL 6CiEN'TIST8 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 compl6tion 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. lr�mLoj I A .1. !I&Vg US. -Woo The time limit being essential to and of the essence of this Contract, the Contractor hereby agrees that the Town shall be, and is hereby authorized to deduct and retain out of the money which may be due or may become due to said Contractor under this agreement,the sum of three hundred and fifty dollars ($350.00) - per 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 Townwillsuffer by reason of such default, for each and every day during which the aforesaid worklmay 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 completictn 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 Townp 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 waivor by the Town of its right to terminate the Contract for abandonfflUnt 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 e HOLZMACHER, MCLFNDON & MURRELL, P.C. / H2M CORP. CONSULTING INGINMO AND ENVIRONMENTAL SCIENTIM CONTRACT - CUNT" 1) . 9. CONTRACT SECURITY (a) 'Che Contractor shalt furnish a Performance Bond in an amount equal to one hundred percent (100;0 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 certificate 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 ,wit-hin twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Con -tract. 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 k- _0 s HOLZAMACHER, McLENDON 6 MURK" P.C. / H2M CORP. CON9ULTINO ENGINU,45 AND [NIVIRONMiNrAL BCIENTIAT7 CONTRACr - CONT' U. The Contractor shall name the Town of Southold and the Inc. Village of Greenport as the insured parties in all policies. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this 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 b_y.h.ims.elf 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 Iiundred Thousand Dollars ($500,000.) for bodily injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000.) on account°of one 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. The Public Liability and Property Damage Insurance shall include as additional named insureds: The Town of Southold and The Inc. Village of Greenport. (c) Liability and Property Damage Insurance: The above policies for public liability and property damage insurance must be so written as to include Contractor's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. C-7 HOLZMACHER, McLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTIND E?IOINEus AND ENVIRONMENTAL BCICNTIST] CONTTZAc - 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 Flolzmacher, 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 $1,000,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit of $3,000,000. for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident; and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1,000,000. for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or Holzmacher, McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if the Town and/or Engineer performs work in connection with the project either for, or in .cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises tine work to tie performed by the Contractor. r (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 J HOIZMACHER. MCUNDON & MURRELL F.C. / H2M CORP. CnWIULTINO ENGINEER• AND ENVIRONMENTAt, SCIENTISTS CONTRACT - CONT' 1). 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 an amount 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. d 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 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance -policy and a copy to the Engineer. Both certificates, as furnished, acd 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 HOLZMACHER, MCLENDON & MURRELL F.C. / H214 CORP. CONSULTING ENGINEER& ANO ENVIRONMENTAL SCIENTISTS 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 Law 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 at least six (6) consecutive months immediately prior to the commencement of their employment. Each person so employed shall furnish satis- factory proof of residence, in accordance with rules adopted by the Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when such citizens are not available. Section 222 further provides that upon the demand of the State Industrial Commissioner, the Con- tractor shall furnish a list of names and addresses of all 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: U -1V 2 HOLZMACHER, McLENDON 6 MURRELL, r.C. / H2M Co+tr. C0N9ULnND EN0INE(R4 AND ENVIRONMENTAL 9CIENTI4T9 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 payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed and may withhold the amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any Con- tractor or subcontractor and may pay directly to any person the amount or amounts soTshown to.be due for such wages. Section 220-C of the Labor Law, as so amended, provides the penalty for making of a false oath or verification. Section 220-D of the Labor Law provides that the advertised specifications for every Contract for the construction, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract, either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corpora'thn that willfully pays HOLZMACHER, McLENDON & MURRELL. P.C. / H2M CORP. CONIULTINO MINEEAS AND ENVIRONMQNTAL SCIENTIM CONTRACT' - 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 the 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-main-tenance 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 HOLZMACHER, MCLENDON & MURRELL. P.C. / H2M CORP. rrw4iitYimn ENGINE"& AND ENVIRONMENTAL OCIENT19TIS CONTRACT - CUNT" 1) . 13. (QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen (16) years, and no person currently serving sentence in a penal or correctional institution shrill be employed to perform any work on the project under this Contract. No person whose age or physical condition is such as to make his employment I dangerous to his health or safety, or the health and safety of others, shall be employed to perform any work on this project; provided, however, that such restriction shall not operate against the employment of physically 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 forva second or n of the provisions of this paragraph;.-provided 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 under this Contract in full (less deductions made mandatory by law) in cash and not less often than once each week. C-13 �) �5 HOLZMACHER. MCLENDON & MURRELL. P C. � uL1 �' �aw�rw+o ewawe�a. tavwowewra� acearan w ru�.ww 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 (100X) 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 HOIZMACHER, McLENOON 6 MURRELL, P.C. / H214 CORP. CON9ULTINO CNOINEdA• AND ENVIRONMENTAL 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 shal.l. 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 shall, unless material error be proved, be paid for by the Contractor. 17. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final. payment shall be, and shall operate as a release to the Town from all claims and all li.abili.ties`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 -lb HOLZMACIILR, McUNDON & MURRCLA- P C. / IUM CORP. CON9ULTINO CNGINCCAG AND MVIRONMCNTAL SCIENTIITI CONTRACT - CONT" 1) . 19. INSPECTION AND TEST'S 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. If, at any time,.before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation of any portion of the work already completed, by removing or tearing out the same, the Contractor shall, upon request, furnish promptly all necessary facilities,. -labor and materials for such examination. If such work is found to be defective in any material respect, due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the expenses of or such examination and of satisfactory reconstruction. If, however, such approval and consent shall have been given, and such work is found to meet the requirements of this Contract, the Contractor shall be recompensed for the expense of such examin- ation and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories and/or agencies for the in- spection and tests of 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, McLENDON 6 MURRELL. P.C. / 142M CORP. CONSULTING ENGINEER® AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' 1). 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 men-tioned 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 s -hall 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 Contractor 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, MGLENDON 6 MURRELL. P.C. / H2M CORP. COMULrma ENOONELR! AND ENVIRONMCHYAL ®CIENfIM CONTRACT - CONT' D - 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, published 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 ht be his work fr liable1forch tallhe Tinjurywn gor damage bcaused hbyhis Contractor actor shall neglect, or that of his employees: 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional. compensation, the Contractor will pay for any pa tent 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 a -n i,nfringement of a patent. C-18 NOLZMACNER. McLENDON & MURRELL. P.C. / 112M CORP. CONSULnNa c'maimctRs AND CNVIRONMCNTAL DCICNT19TV CONTRACT - CONT" D. 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 Lander this Contract and able to furnish the plant materials, supplies and/or equipment to .be furnished for the work; and (b) that he is familiar with all Federal, State and Municipal Laws, ordinances and regulations which may in any way affect the work of those employed hereunder, including but not limited to any special acts relating to 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 charact-er, 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.00 nditions which may in any way affect the work or its performance. 27. AUTHORITY OF THE ENGINEER - In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform all work to the satisfaction of the Engineer, at such time and 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 dher questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders, directions, requirements or determinations. The enumeratioi herein or elsewhere in the contract documents of particular instances in which the op.inion,,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 �J() i♦ HOLZMACHER. MCLENDON 6 MURRELL. P C ■ ILJ�w (,pw6ul llNp lwO�NlllM.twV�wO.av(Ni�L fGl(wti®IE .+O SLA Nw(N6 CONTRACT - CONT'D 28. SURVEYS The Engineer will furnish the Contractor with the benchma.rks necessary to complete the work. All further layout of lines and grades will be the responsibility of the Contractor. 29. CHANGES AND ALTERATIONS The Town reserves the right to make alterations in the location, line, grade, pians, form or dimensions of the workf 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 6 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 HOLZMACHER. MCLENOON & MURRELL. F.C. / H2M CORP. CONSULTING cmatmaA® AND iNVIRONMENTAL BCIE]NTIM CONTRACT - CONT' D. 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 persons supplying 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 tte act or neglect of the Contractor or any of his subcontractors. The Town shall have the right, as agent for the Contractor, to apply any such amounts so withheld in such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. C-21 HOIZMACHER, McLENDON & MURRELL, P.C. / H2M CORP. CON3ULnNa ENOINMA AND ENVIRONMENTAL SCIFNT137-3 CONTRACT - CONT' D . 33. TUI: TOWN'S RTGUT TO STOP WORK OR TERMINATE' CONTRACT: 11: , ( it ) The Contractor shall. be adjudged bankrupt or make an assignment for the benefit of c-redifors, 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 warning from the Engineer, to supply enough properly skilled workmen or proper materials, or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said period, or (e) The Conti -actor shall. fail to make prompt payment to persons supplying labor or materials for the work, or (f) The Contractor shall fail or refuse to regard laws, ordinances, or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provision of this Contract, then, and in any such event, the Town, without prejudice to any other rights or remedy it may have, may by seven (7) days notice to -the Contractor, terminate the employ- ment of the Contractor and -his riglTts 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 mt.LLr4LAj r a MUnnLLL, rA,. / r1[rA wnr. CONSULTING ENOINM4 ANO ,ENVIRONMENTAL SCIENT.IM CONTRAM' - CONT' U. If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable to the Town for such excess. If the right of the Contractor to proceed with the work is so terminated, the 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 not 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.tile 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 HOIZMACHER, MCLENDON 6 MURRELL, P.C. 1 H2M CORP. en",mi TINn rumuffa■ Aron FNVIRONMOITAL SCIUITIfT7 CONTRACT - CONT' n. 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 pu=t 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. nULLMAI MM. MCLkr4LXJV Q MUKHLLL. r.(.. / "VA LAM r. CON9ULTINO CNOINCLA® ANO CNVINONMCNiAI uCICtMST9 ('.ONTRAC'I' - CUNT" 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 CON3ULTINO D404NCFA! ANO CNVINONMCNTAL 6CItNTIIT! 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 he is a member, partner, director or officer may be cancelled or terminated by the Town without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. C; -Lb ►IL)L1MnL.11LN, MCLLNUUN h MUNNLLL, r l.. / ,1[M wnr. CONSULTING ENGINCCAS AND [NVIHONMEWAL SCICNTW11 CONTIMCT - CONT' D . IN WITNESS 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_ 19__, 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 , 19 , the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal; that it was affixed thereto by order of the said Board, and that he signed his name thereto and executed the said instrument on behalf of the'said Town by like order and authority. NOTARY PUBLIC C-27 CONSULTING ENGINE"& AND EjNVINONMENTAL OCILNTINT7 CONTRACT - CONT'l). ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK) ) SS: COUNTY OF ) Oil 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 L-Za H HOLZMACHER, McLENDON & MURRELL, P C CONSULTING ENGINEERS. ENVIRDNUENTAL SCIENTISTS -d BANNERS TECHNICAL SPECIFICATIONS CONTRACT N0, 2 HEATING, VENTILATION & AIR CONDITIONING t1Z#u HOLZMACHER, McLENDON & MURRELL, P.C. S CONSULTING ENGINEERS. ENVIRONMENTAL BGENT16TS and 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, i'n 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 HOLZMACHER, McLENDON & MURRELL, P.0 I CONSULTING ENGINEERS, ENVIRONMENTAL 9GENTtSTS-d PLANNERS 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. 1. (SOHT) SOW -HVAC - 2 of 2 HZNHOLZMACHER, MCLENDON & MURRELL, P.C. CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS end PLANNERS HEATING, VENTILATING AND AIR CONDITIONING (HVAC) 1.0 - SCOPE The work includes all labor, required for construction of HVAC dicated on the contract drawings 2.0 - EXHAUST ROOF FANS equipment, materials and appliances systems as specified herein, as in - and as directed by the Engineer. 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 r H HOLZMACHER, McLENDON & MURRELL, P.C. CONSULTING ENOINEERS. ENVIRONMENTAL SCIENTMrSWE 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 stitch. Each supply roof fan shall be supplied with a prefabricated curb, automatic gravity type shutter, bird screen and a two speed switch with on-off facility. Motors shall be rated for single phase, 60 cycle, 115 volt opera - tion. 4.0 - ELECTRIC HEATERS 4.1 - Electric Unit Heaters The Contractor shall furnish and -install (excluding electrical work) electric unit heaters as specified herein and in the contract drawings, as manufactured by the Climate Control Division of The Singer Company, Carteret, NJ; or approved equal. Each unit shall be constructed of heavy gauge steel,` -finished with electrostatically applied neutral black and gray enamel. Each unit shall consist of a heating element assembly, fan and motor assembly and con- trols. Heating grid shall be cast aluminum. Each unit shall consist of a matching fan and motor, capable of withstanding hard, continuous usage. Each unit shall be equipped with an automatic reset type thermal limit switch, fan delay switch, fan only switch and a snap action thermostat with a range of 40 degrees F. (low) to 100 degrees F. (high), all mounted integrally in the unit. Each unit shall contain a low voltage trans- former/relay, factory installed within the unit for remote low voltage thermostatic control. Each unit shall be supplied with a rigid suspension 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 HOLZMACHER, McLENDON & MURRELL, P.C. CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS end 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 (SORT) HVAC - 3 of 6 �-J HOLZMACHER, McLENDON & MURRELL, P C. i CONSULTING ENGINEERS. ENVIRONMENTAL 9GENTN{TS end 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® 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 . H HOLZMACHER, McLENDON & MURRELL, P C. CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS 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 H HOLZMACHER, MCLENDON & MURRELL. P C. CONSULTING ENGINEERS. ENVIRONMENTAL SCJENTIBTS-d PLANNERS HEATING, VENTILATING AND -AIR CONDITIONING (HVAC) (CONT'D.) 5.0 - COMBINATION HEATING -COOLING UNIT (cont'd.) Operating controls shall be provided in a separable, plug-in module as part of the heating -cooling chasis. Control module shall contain OFF -HEAT -COOL -HIGH -LOW selector switch and self-contained adjustable thermostat with a heat anticipator. When on heating mode, the conditioner shall automatically de -energize the electric resistance heater and actuate the reverse cycle heating at an outdoor temperature of approximately 35 degrees F. depending on the humidity. A toggle switch shall be included that will lock out reverse cycle heating and allow electric heater operation above 35 degrees F. The installation of the combination heating -cooling unit shall be performed in accordance with the manufacturer's latest installation instructions. 6.0 - MANUALS/SERVICE The Contractor shall require each different manufacturer of equip- ment supplied under this contract to include in his bid one (1) day's service at the project site to instruct the town's representatives on the operation and. maintenance of the equipment. Five (5) copies of catalog cuts and Operation & Maintenance Manuals shall be submitted to the Engineer prior to manufacture. (SORT) HVAC - 6 of 6 U2AHOLZMACHER, McLENDON & MURRELL, P C. CONSULTING ENGINEERS. ENVIRDNYENTAL SCIENTISTS-d PLANNERS TECHNICAL SPECIFICATIONS CONTRACT NO, 3 PLUMBING IH2AHOLZMACHER, McLENDON & MURRELL, P C CONSULTING ENGINEERS. ENVIRGiCYENTAL SGENTIST9 and 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 systema (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. (SOHT) SOW -P - 1 of 1 HOLZMACHER, MCLENDON & MURRELL, P C CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS wd PLANNERS WATER SERVICE 1.0 - SCOPE The work includes all labor, materials, equipment and appliances required for the installation of all water service work including hot water service, as shown on the Contract Drawings and as detailed herein. All work shall be done by a plumber approved by the Village of Green- port and all workmanship and materials shall be in accordance with Village standards® 2®0 - GENERAL The Contractor shall provide water service to the treatment facility which shall entail the following items: (A) Tap into existing 4 -inch potable water main and install a 2 -inch service at the location shown on the Contract Drawings. (B) Installation of one (1) backflow preventer in the location shown on the Contract Drawings. (C) Installation of hot water service in the Treatment Building® (D) Installation of water service throughout treatment facility as shown on the Contract Drawings® 3®0 - PIPING - GENERAL A. Piping shall be concealed wherever possible. B. Piping shall be run as straight and direct as possible, either at right angles to or parallel with walls, floors and ceiling. C. Reducing fitting shall be used wherever a change in size occurs. No bushings shall be allowed® D. Piping shall not be marred by tool marks. No more than one (1) thread shall show at fittings. E. Allowance shall be made for expansion and contraction of piping. Swing joints shall be used at all connections to equipment, mains, risers and branches® F. Hangers or supports shall be provided at least at horizontal intervals of: ( SORT ) WS - 1 of 6 UZ44HOLZMACHER, McLENDON a MURRELL, P C. CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS Rw0 PLANNERS WATER SERVICE (CONT -D.) 1. Cast Iron - each length 2. Copper Tubing - 8' 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) Wb - z 01 0 HOLZMACHER, MCLENDON & MURRELL, P.C. CONSULTING ENGINEERS. ENVIRONMENTAL SGENTISTS end PLANNERS WATER SERVICE (CONTE®.) 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 TUBING" 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 ar-ch 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•l-inch iron pipe and two holes for removal with spanner wrench. Extension service boxes (for 1/2-1" curb stop) to be by Mueller Company, No. H-10314, or equal. Service boxes (for 2" curb stop) shall be a regular valve box con- sisting of three-piece cast iron, 5-1/411 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. �enum� wS — 3 Of 6 s:.ffd.t.M P UZ4HOLZMACHER, McLENDON & MURRELL, P.C. CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS -W 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" mi-nimum cover with slack le -ft at the corporation stop. The copper service pipe shall be one continuous piece between t-he-cor:pora,ti-on 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.. Pavement replacement shall be as specified in Section entitled "PORTLAND CEMENT CONCRETE PAVEMENT REMOVAL, AND RESTORATION". WS - 4 o tl2AHOLZMACHER, McLENDON & MURRELL, P.C. CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS rM 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. A11. types and models of RPBFP assemblies furnished shall be approved by New York State Department of Health, Bureau of Public Water Supply. RPBFP assemblies in sizes 3/4 -inch to 2 -inches shall consist of two spring-loaded check valves and a differential relief valve, two brass gate valves and test cocks for field testing. All check valve internal parts and differential relief valve shall be removable from the top of the unit without removing the check valve assembly from the water line. The assembly shall be installed in the horizontal position within the RPBFP pit in accordance with current standards. The assembly shall be rated at 175 psi and constructed in accordance with all applicable parts of the American Water Works Association Speci- fication (A.W.W.A. C-506-78, or latest revision). The assemblies shall be complete in every detail and completely assembled when shipped. 6.0 - ELECTRIC HOT WATER HEATER Provide, at the location shown on the Contract Drawings, one (1) automatic electric hot water heater, Model No. RP15P4-1, Type Point of Use, as manufactured by Ruud Water Heater Division of City Investing Co., Chicago, Ill. or approved equal. Heater shall have a fifteen gallon capacity and shall be heavy gauge arc welded steel, glasslined tank, 300 psi hydrostatic test pressure and 150 psi working pressure, 11.0 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 install.ed'on all potable water line out- lets, including slop sinks and hose bibs. SOHT) WS - 5 0 (SOHT) WS ® 6 of 6 HOLZMACNER, MCLE,NDON B.MURRELL. P.C. coldmviM EM UM'Ift. aW-n WM N,TAL GWOOn6Y® W KAMM[M WATER SERVICE AND APPURTENANCES - TRENCH COMPACTION 1.0 - SCOPE Compaction of trenches in to the approval of the -Engineer Drawings or as directed;by the 2.0' - BACKFILL accordance with the Specifications. or at -locations indicated on the Contract Engineer. Backfill .as indicated shall be free from rocks, lumber or debris, 3.0 - COMPACTION Trenches to be compacted shal,l-either 7be jetted or mechanically tamped to meet laying condition "B" of. A.S'.A. -Specification A.21-8-1962 or A.W.W.A. S.pecifica-tion 0108-62, latest additions. 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, im both cuts and embankments, shall be compacted to not less than 95%. Soils which have a maximum •densi-ty less than '10'0 pounds- per cubic foot as determined by Mod. A.A.S.H.O. T-99 shall- be wasted or, mixed with heavier soils to obt-aim -t*he required weigh -t. 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 o -f 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 -6r as directed by the Engineer. Additional hose shall be .provided by the Contractor for compacting areas not close to existing, hydrants. Allowing the water from a hydrant to "flow down the trench is not considered jetting. TC - 1 of 2 HOLZMACHER, McLENDON .B.MURRELL, P.C. C*tMLT*4 IkON 9ft §kVINOWANTAL9=kT%T® WKid*KfiB WATER.SERVICE AND APPURTENANCES TRENCH COMPACTION (CONT'D®) 5®0 - MECHANICAL TAMPING If soil conditions do, not permit jetting, or as required by the Engineef'®"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 th-e trench area -is not considered mechanical tamping® Where the trenches are compacted. under this section, this Contractor shall be responsible for sunken main trenches (before and after repaving) for a period of one (1) year after date of final certificate.and shall r-epair 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 trench.e.s® The work includes all labor, ma-terial .and of water main trenches in accordance with these locations indicated on the Contract Drawings. or Engineer® TC - 2 of 2 e.qu i.pme n.t --f or -compacting Specifications at the as directed by the .FiOLZMACHER. McLENDON & MURRELL. P.C. fAN[IKPIMO [gO�q[[01[, [gVN1�IMEgPK [p[gfq{4®sb RAMH[N0' 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 Draw'ings,'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 ofPubl1i:: -Health, University of i�ic'h ga°n, --Ann -Arbor, Michigan. (B) Dimensions and Tolerances - For any cross section the average inside diameters, wall thickne-ss 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 A and . 5 of A.S.T.M. D-2122 1-atest revision "Method of 'Determining Dimensions of ThermoPlastic Pipe." Tub-ing 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 pressur-es.- (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 Flin'tkote Company® Tuftube as manufactured by Haveg Industries Inc., -or equal. 3.0 o 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 IH2AHOLZMACHER, McLENDON & MURRELL, P.C. CONSULTING ENGINEERS.-ENVIRONMENT AL SCIENTISTS and "NEMS I WATER MAINS AND APPURTENANCES - POLYETHYLENE WATER SERVICE TUBING I (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 required to pass under drains, ducts, etc., as directed by the =Engin- eer •or -to provide a cover.between 4"-6" and 5'-0" to finished grade. This Contractor shall claim no additional compensation if pipe lines are installed with an additional 2°-0" cover for short intervals not exceeding 30 feet in length at each location where additional depth is required to pass under drainage, utilities, etc. Under this work, the pipe shall be installed from the existing water main to areas as located on the Contract Drawings at the existing 3/4 -inch copper service pipe with a curb stop (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,A,MURRELL. P.C. GONG KT"4 9"O"aft 4NVW*WM0ATK 9=14TIST1 WW NAWKM WATER MAINS AND APPURTENANCES - POLYETHYLENE WATER SERVICE TUBING ( CONT °.D . ) For a tyro -inch service, tbe. 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 th.e building as shown on the Contract U•rawing.s. 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 Polye-thylen.e tubing, a tube cutter of the most modern equipment shall b.e used to make a square •cut. 4.0 - TESTING The ser` -vice 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 requiremen-ts .o -f -the Standard Specifications for Calcium Chloride, A.S.T.M. -Designation D98. Any damage by this-_ Contractor to lawn areas, shrubs, etc., must be repaired or replaced by this Contractor a,t 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 -'GLEANING 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 a.s existed prior to performing the work. All cleaning up shall be to .the satisfaction of the Engineer. PWST - 3 of 4 Hsu HOLZMACHER, McLENDON & MURRELL. P.C. �-s CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS eb MANNERS 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 611) 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. icnumI PWST - 4 of 4 HOLZMACHER, MOLENDON & MURRELL, PC. CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS and PLANNERS 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 ® Z44�j HOLZMACHER. McLENDON & MURRELL. P.C. CONSULTING ENGINEERS. ENVIRONMENTAL SdENT16T8 and PLANNERS PLUMBING - PLUMBING WORK - FLOOR DRAINS - SERVICE SINKS 1.0 - SCOPE The w-ork 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 "Josam" Series 36100, Type 36104 with vertical backwater valve or approved equal, and heavy duty bronze laminated top, cast iron body and threaded bottom outlet. (C) Cleanouts shall be "Josam" Series 58370, Type 58374 or approved equal. Cleanouts shall be cast iron with seriated cut-off sections, coated cast iron cleanout plug with lead seal and heavy duty•scoriated cover with bronze top, for installation flush with finished concrete floor. (D) Service sinks shall .be "Bannon" Series K-6716 as manufactured by Kohler Co., Kohler, Wisconsin; Morse McCormick, Inc., or equal. Ser- vice sinks to include all interconnected piping to insure a complete and operational service. Service sinks to be 24" x -20" with vacuum breaker and to be located in the grit chamber room and anaerobic digester control room, as shown on the Contract Drawings. Contractor to submit shop drawings of service sinks prior to installation for approval by the Engineer. (E) Water closet shall be American Standard "Madera," or equal, vitreous china, No. 2222.016 with 481310,-100 bolt caps, with flush valve to be Delany Flushboy 402 VB or Sloan Royal 110, wall mounted, 1-1/2" top spud, and elongated -bowl. Seat shall be Church American Standard 5321.112 "Posturemold," open front seat, heavy duty solid plastic, with stainless steel check hinge. All trim fittings, traps, etc., specified herein shall be chromium plated unless specifically noted otherwise. Toilet partitions shall be Regal floor supported -steel construction by Global Steel Products Corp., Deer Park, N.Y., or approved equal. (F) Lavatory shall be American Standard #0195.073 "Roxalyn" white, 20"x18" vitreous china, front over -flow, 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 SCIENTISTS And PLANNERS PLUMBING - PLUMBING WORK - FLOOR DRAINS - SERVICE SINKS (CONT'D.) Lavatory to be located in vanity 3' long x 2' wide x 31,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 f,inish with the hub full and face smooth. Joints at drain connections shall be threaded. (E) Joints betweenlead and cast iron with heavy brass ferrules caulked as (D) and with a heavy wiped joint to lead. (F) Joints in galvanized steel with white,or red lead and oil placed in pipe threads. (G) Joints between galvanized steel and cast iron with spigot ends caulked as in (D). (H) Exterior underground piping 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 P �{-�)� HOLZMACHER, MCLENDON 3 MURRELL. P.C. ® 2 � - WN"TMQ EN01N[EM. GNVWX"PITK 9CANTMTS sq F ANNFM PLUMBING - PLUMBING WORK - FLOOR DRAINS - SERVICE SINKS -(CONT'D.) 4.0 - TESTS Such tests as may be directed by the Engineer shall be performed before final acceptance shall be given. These tests shall include, but not be limited to.: 1. Hydrostatic pressure test of all water drainage .piping. (System to be filled to overflowing). 5.0 - CODES All plumbing shall be in accordance with the Town Plumbing Code, latest edition and in accordance with the ordinances of -the State and County Health Departments. PW -FD -SS - 3 of 3 VIAR-1r�1� HOLZMACHER. McLENDON & MURRELL. P.C. A ODOdgulTMO ENONMEAS ENVIF""NTK -dENTOT8 M6 RAMME�4 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. CQMBUITMtlO EN0INEE�. EgVNTLL ECOEMPtET4 aW ggIMiEAE PORTLAND CEMENT CONCRETE PAVEMENT REMOVAL & RESTORATION (CONTED.) 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.0 T-99, except that soils for a depth of 9 inches below the bottom edge of the pavements in both cuts and embankments shall be compacted to not less than 95 percent (95%)® Soils which have a maximum density less than 100 pounds per cubic foot, as determined by A.A.S.H.T.O. T-99, shall be was- ted or mixed with heavier soils to obtain the required weight. 5.0 PAVEMENT RESTORATION The concrete used for all pavement restoration shall conform in all respects to Type C Unreinforced Concrete Pavement as outlined in Section 501 of the aforementioned N.Y.S.D.O.T. specifications® The actual construction of all unreinforced concrete pavement shall be in accordance with Section 502 of the N.Y.S.D®O.T. specifications. 6.0 BASIS OF PAYMENT The payment for all work included under this Section, such as removing and disposing of 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. PR&R 2 of 2 lH2AHOLZMACHER, MCLENDON & MURRELL, P C. CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS mE PLANNERS TECHNICAL SPECIFICATIONS CONTRACT NO, 4 ELECTRICAL 3 HOLZMACHER, McLENDON & MURRELL, P C. CONSULTING ENGINEERS" ENVIRONMENTAL'SCIENTISTS Md PLANNERS SCOPE OF WORK - ELECTRICAL 1.0 - WORK INCLUDED The work includes furnishing all labor, materials, equipment and appliances necessary to construct and install all electrical equip- ment and accessories at the Southold Scavenger Waste Treatment Facility, as indicated on the contract drawings and herein specified. The work covered under this section shall' -include, but not be limited to, the following: (a) Secondary, underground electric service feeder from Greenport Power Co. service pole to the utility metering equipment, as shown on the drawings. (b) Installation of the main metering equipment. (c) Main service switch. (d) 480 volt and 120/208 volt power distribution system and dis- tribution equipment. (e) Motor control centers, motor starters and control stations. (f) Lighting distribution, lighting system, lighting fixtures, lamps, convenience outlets system. (g) Motor power wiring. (h) Control, alarm and instrumentation wiring. (i) Equipment supports and miscellaneous steel for electrical equipment. (j) Grounding system. (k) Temporary light and power system. (1) A1.1 emergency lighting units. (m) Insure that all loads are balanced. (n) Testing. (o) Operational testing as described elsewhere in the specifica- tions. (p) All associated work and incidentals necessary for a complete working electrical system as intended by these specifications. (q) The Contractor shall furnish to the engineer for approval, five (5) sets of shop drawings or catalog cuts of each type equipment being utilized prior to ordering said equipment. SOW -E - 1 of 2 6 3 HOLZMACHER, McLENDON & MURRELL, P C. CONSULTING ENOINEERS. ENVIRGNYENTAL SGENTISTS and PLANNERS SCOPE OF WORK - ELECTRICAL (CONT'D.) (r) All necessary excavation, trenching and backfilling to com.-- pl,ete the electrical Work. (Fi.nal 'restorati.on by others) , (s) Furnishing and installing manholes, handholes and mounting pads. 2.0 - RELATED WORK NOT INCLUDED The following principal, items of work are, not included under this contract: (1) Furnishing and Installation. of Motors. SOW -E - 2 of 2 3 V ' -1 HOLZMACHER, McLENDON & MURRELL, P.C. CONSULTINO'ENGINEERS, ENVIRONMENTAL SCIENTISTS ono PLANNERS ELECTRICAL WORK 1. GENERAL The installation shall be in accordance with the latest rules of the National Electrical Code, TELCO and governing local ordinances.. The Contractor shall comply with the laws, rules and regulations of the State, Municipal and District Departments having jurisdiction. Upon completion of the work, an Underwriter's Certificate shall be sub- mitted, prior to final payment request. All electrical equipment being installed shall be UL approved' and labeled. It is required that the Contractor thoroughly familiarize himself -with all construction at and vendor's detailed drawings concern- ing this project and shall coordinate his work with that of other trades. In the event of discrepancies, the Owner shall be notified for a dis- position prior to proceeding with the work. No structural members shall be cut or penetrated without the approval of the Engineer in writing. The Contractor shall guarantee his entire installation to be free from defective materials or workmanship for a period of one year from date of final acceptance'of the installation., The Contractor is required to provide all necessary cutting and patching that�may-be required for the installation of electrical work. Excavation,'trenching and backfilling are specified in Contract No. 1 under the section entitled, "EXCAVATION, EARTHWORK, BACKFILLING AND GRADING". The basic bid proposal shall be made on the basis of the equipment specified, when specific catalogue numbers are given. Substitutes on specified equipment will not be permitted unless approved by the Engin- eer in writing. The Contractor shall record installation details and the actual methods of installing conduits, panels, equipment, etc., and shall pre- pare "As -Built" drawings for this project, as outlined in the Supplement- ary Conditions. 2. 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. EW - 1 of 9 .0 6 3 U2AHOLZMACHER, MCLENDON & MURRELL. P.C. CONSULTING ENGINEERS: ENVIRONMENTAL SCIENTISTS n.0 PLANNERS ELECTRICAL WORK - CONT'D. d® Low voltage temperature control wiring, including thermostats, aquastats and P.E. and E.P. switches. e. Utility company transformers and metering equipment will be furnished by Greenport Power. The following equipment will be furnished by others, but received at the job site and installed under this section: a. Controllers for variable speed motor drives. b. Pump•control•panels and float controllers. 3. INCOMING SERVICE In general, service work shall conform to the drawings and shall include secondary underground service entrance cables and connections conforming to Utility Company specification. Secondary cabling shall be phased per Utility Company requirements. Metering equipment en- closure shall be furnished per Utility Company requirements. 4. CONDUIT, WIRE AND BOXES In general, all wiring shall run exposed; or concealed in walls, floors or hung ceilings in -all finished spaces. •Wire shall -be .copper, type THW, #12 AWG minimum. Service entrance conductors to be type "USE". Conduits shall be run exposed in all mechanical spaces and shall be rigid heavy wall galvanized steel, exept where "PVC" is indicated. Boxes shall be cast. Intermediate weight steel conduit may be used in doors, above grade. All conduits, boxes, fittings shall be made up tight and rigidly secured to the structure. Provide PVC coated elbows for all conduits, exiting upward from earth or concrete. Wireways shall be 6" x 6" minimum, hinged cover type. Outdoor boxes and enclosures shall be NEMA 4, cast aluminum or fabricated stainless steel. 5. LIGHTING FIXTURES The Contractor shall furnish, install and connect all lighting fixtures complete with lamps, hangers, fittings, etc., in accordance with the fixtures specified herein or in the drawings. EW - 2 of 9 I- 3 912AHOLZMACHER, McLENDON & MURRELL, P.C. 'CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS M PLANNERS ELECTRICAL WORK - CONT'D. 6. PANELS, MOTOR STARTERS, SWITCHES AND TRANSFORMERS Panels and switches shall be as manufactured by ITE, Cutler -Hammer, Westinghouse or equal, in accordance with the schedules on the drawing and provide one (1) spare set of fuses for all sizes specified (fuses to be Fusetron, Buss or equal,). Switches to be circuit breaker type, excerpt for safety disconnect per code. Contractor to .provide sizes per drawings and general requirements. Transformers shall.be dry type, ventilated with 4-22-% F.C. taps. 7. CONNECTION OF EQUIPMENT The Contractor shall connect each item of electrical equipment, whether furnished by him or not and leave it in an operating condition.. Provide suitable type "SO" rubber •cords and/or matching plugs for all items of equipment not appropriately furnished by the Manufacturer. All non-portable motors,shall be connected using liquid-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. 8. CONTROL STATIONS The Contractor shall provide all separately mounted control stations shown on drawings or indicated on the schedules. Control stations shall be heavy duty NEMA 4 construction, single or in multiple, with appro- priate nameplates indicating operation performed. Control stations shall be as manufactured.by Allen-Bradley, Cutler -Hammer, or equal. 9. WIRING DEVICES All wiring devices shall, be "Specification Grade", as manufactured by Hubbell, A & H, Bryant, or'equal. Switches shall be 15 ampere quiet type. Receptacles shall -be 20 ampere duplex or single outlets. Plates shall be cast, or stainless steel in finished areas. 10. IDENTIFICATION 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. EW - 3 of 9 3 H2AHOLZMACHER, McLENDON & MURRELL, P.C. CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS and PLANNERS ELECTRICAL WORK - CONT'D: . Metallic location tape: The location of all underground utilities shall be marked by the use of a continuous identifying tape buried in the trench above .the conduits and shall be 12" below finished grade. The identifying tape "Terra Tape",.as manufactured by Griffolyn Co., Somerset, or equal, shall be an inert material such as polyethylene plastic, highly resistant to alkalis, and/or chemical components likely to be encountered in soils. The tape shall be in bright colors for contrast with the soil, with identifying printing in black letters, one side only. The tape shall have printed thereon in two (2) rows with the word CAUTION on one (1) row and BURIED (type of utility) LINE BELOW on the other line. Tapes shall be supplied in continuous rolls. The identifying letters shall be re- peated continuously the full lengths of the tape. Tapes shall be color coded as directed by the Engineer. 11. COLOR CODING AND TESTS Contractor shall color code each phase and carry code to each panelboard and motor switch. Test shall be made by the Contractor at the direction of the Engineer, when equipment operation is faulty. 12. GROUNDING All electrical installations shall be grounded in accordance with Article 250 of the National Electrical -Code, local inspection authorities and the requirements of the electrical utility. 13. SHOP DRAWINGS Contractor shall furnish shop drawings, manufacturer's costs and catalogs of all equipment furnished by him as follows: Service equip- ment, MCC switchboards, transformers, panelboards, cabinets, disconnect switches, alarm panel, lighting fixtures, lighting switches and re- ceptacles, engine -generator set and accessories, etc. 14. TEMPORARY LIGHT AND POWER Provide a system of temporary lighting and convenience outlets throughout the building conforming to NEC, OSHA and Union minimum re- quirements. The work shall -include all fees by the Utility Company for' their work on this project. Service shall be 100 ampere minimum. All temporary wiring shall be removed when permanent systems are operable. Temporary sytem shall be energized during all normal working hours of all trades. EW - 4 of 9 I. 6 3 H HOLZMACHER, MCLENDON & MURRELL, P C. CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS end PLANNERS ELECTRICAL WORK - CONT'D.' 15. CLEANUP At the completion of the job, Contractor shall clean up all equip- ment, or store same, including scratches, dents, Rustoleum paint touch-up, etc. 16. MOTOR CONTROL CENTERS Motor control centers shall be furnished in accordance with the schedules on the drawings. and as specified herein. Control centers shall be the manufactured standards of Westinghouse, Cutler -Hammer, ITE, or equal. Manufacturer shall provide all remote operator control stations (NEMA 4) and devices. 1. Rating and Construction Requirements: (a) Unit shall be free standing on two (2) 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 -sha-11 be arranged for front access. (c) Construction shall be dead front, NEMA Class 1, Type.B, with all internally mounted devices prewired in accordance with NEC and control diagrams furnished. Contractor's as -built wiring diagrams shall be furnished, and shall show externally connected devices and terminal numbers. (d) Voltage shall be for a 277/480 volt, 3 or 4 wire supply, 60 cycle for the Treatment Plant. Unit shall contain a continuous ground bus throughout all sections. Ampere rating shall be as indicated on the schedules. (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 addition of starter units. (h) 1' x 2" phenolic white on black nameplates shall be pro- vided for each compartment. EW - 5 of 9 b 6 3 i. U2u HOLZMACHER. McLENDON & MURRELL. P C. s- CONSULTING ENGINEERS. ENVINDNMENTAL 9GENTfSTS ASC PLANNERS ELECTRICAL WORK - CONT'D. 2. Component Specifications (a) Incoming fine section shall include a fixed main circuit breaker which shall have a rating of 22,000 I.C.S. minimum and ampacity as li-sted 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. (d) Motor starters shall be the combination thermal magnetic circuit breaker type for reversing, non -reversing, multi -speed or re- duced voltage auto transformer startinq as indicated on the schedule. Each starter shall be equipped with three (3) externally reset overload relays, a fused 120 volt control circuit transformer, a green "push -to - test" running light; and, as scheduled, control switches, an elapsed hour meter and certain auxiliary devices. Elapsed hour meters shall be 6 digit non -reset type-mounted,on compartment door., Time.delay relays shall be adjustable type. Provide a N.'O. and N.C. contact in addition to those required for interlocking or auxiliary devices. Control wiring shall, in general, conform to control diagrams indicated. Motor surfaces shall be a minimum of size,,l with circuit breakers adequately sized for the horsepower indicated. However, final horsepower sizes shall be verified with the motor supplier. Starter assemblies shall be integrally packaged on re= (e) Auxiliary terminal strips shall be located in either the top or bottom wiring channels, or blank compartments. (f) Specified lighting, .power and utility panels, transformers, transfer switches, or other devices shall conform to the schedules and respective requirements for such items, as listed elsewhere in these specifications: (g) Furnish two (2) sets of spare fuses for each size used in MCC. 3. Installation and Wiring (a) Contractor shall coordinate the overall size of the con- trol centers and the base and clear dimensions available. Concrete base shall be at least 3" high and shall extend 3r' beyond the unit on at least three (3) sides. Unit shall be so positioned as to permit addition of a future cubicle. EW - 6 of 9 J 0 3 v HOLZMACHER, MCLENDON & MURRELL, P.C. CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS and PLANNERS ELECTRICAL WORK - CONT'D. (b) Control center sections shall be assembled, set and inter- connected, plumb and true, as a single integral assembly. (c) Conduits entering from below shall have ground bushings land each shall be grounded to the unit ground bus, in an approved manner. (d) Control wiring connections shall be made in accordance with drawings. However, where a manufacturer's diagram is furnished showing modified wiring schemes, the Engineer shall be notified to deter- mine the proper wiring required. (e) Control center shall be wiped clean internally and ex- ternally and have rubbish and wire clippings removed, prior to energiza- tion. Exterior surface shall be washed clean of dirt, dust, plaster and film. (f) Contractor shall provide tagging for operational use and acceptance of motorized equipment. Every motor starter shall be red tagged "DANGER - DO NOT USE" until tested and verified as operational by the Resident Engineer who shall check overload heaters, motor rotation and proof test control circuitry, C.B. trips and ground fault settings. A green tag shall be provided to replace the red tag when verified as operationally ready. Thi's green tag shall be signed and dated by the Resident Engineer and remain in place for the duration of the contract. This procedure is for safeguarding equipment and personnel and does not constitute beneficial use'date or final acceptance. (g) Contractor'shall provide a full length, 36" wide rubber mat in front of the motor control center and control panel assemblies, extending 12 inches beyond panels in each direction and cut as necessary to clear obstacles. 17. MANUAL TRANSFER SWITCH Transfer switch shall consist of two (2) mechanically interlocked circuit breakers comprising the contacts and transfer mechanisms. The transfer switch shall be Westinghouse Robonic, Euclid, or equal, and shall be in a NEMA 1 enclosure or control center. 18. LIGHTNING AND SURGE PROTECTION This Contractor shall furnish and install lightning and surge pro- tectors for the following equipment: (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- 7 of W C. 3 N HOLZMACHER, MCLENDON & MURRELL, P C. CONSULTING ENGINEERS, ENVIRONNENiAL SCIENTISTS and PLANNERS (ELECTRICAL WORK - CONT'D. (3) All AC circuits for instruments, electronic control de- vices and sensitive meters when mounted remote from panelboards (50 feet lor more) shall be separately protected. Low voltage surge protector for signal lines ((1) above) shall be Tll - 340A (20), as manufactured by Telecommunications Industries Inc. or Joslyn, to protect panelboards. Provide the following: For (2) a., above, Joslyn Cat. #J 9200-10, Eagle Control Cat. #SA -20, or equal. For (2) b®, above, provide three (3) each as specified. For (3) above, provide power line surge protector Tll-411 (2) for single phase 120V and three (3) Tll-410C-(15) for 3 phase 208 V, 15 ampere circuit. Power surge arresters for surface mounted panels shall be mounted in wall of box. All units furnished shall be UL listed, REA approved and meet applicable standards of ANSI, NEMA I EEE and OSHA. 119. PLANT ALARM ANNUNCIATOR (1) Alarm panels shall be illuminated 3" x 3" nameplate type, with NEMA 12 separate enclosure, with nameplates arranged and engraved as scheduled on the Contract Drawings. (2) Panels shall be wired for flashing sequence "A" operation, complete with flashers and required accessories for visual and audible signaling. Each alarm panel shall be fused at the rating recommended by the alarm panel manufacturer. (3) Alarm points shall be capable of operating from a N.O. or N.C. input contact. Lock -in or nonlock-in operation shall be selectable for alarm point. Each alarm point shall have a single pole, isolated auxiliary contact rated at not less than three amps at 120 volts for re- mote connection. Auxiliary contacts shall be closed for normal conditions and open when alarm condition exists. (4) Alarm panels shall be for 120 -volt, single phase operation. Each panel. shall include a relay to monitor power supply. Relays shall have a DPDT auxiliary contact rated 10 amps at 120 volts for remote connection. Panel shall be provided with battery backup, transfer. (5) Alarm panels shall be relay annunciator type, Panalarm Series 10, Model II, Ronan Model. X2-1010 or equal. EW - 8 of 9 s I -q 3 v { HOLZMACHER, McLENDON & MURRELL, P C. ® I CONSULTING ENGINEERS. ENVIRONMENTAL SGENTISTS ono PLANNERS (ELECTRICAL WORK - CONT'D. (6) Relays shall be hermetically sealed plug-in type, with one relay per alarm point. Blank nameplates shall be fully equipped and wired with relays and terminals ready for connection. (7) Test and silence pushbuttons and audible devices shall be provided with each alarm panels _ EW - 9 of 9