Enclosure 4 - 419151 Preparation and Painting of The Upton Road Water Tower Draft Contract.docx

Contract No. 408056DRAFT

MM/DD/YYYY

MM/DD/YYYY

Dimitrios Hristopoulos

$TBD

No. 419151

BROOKHAVEN NATIONAL LABORATORY

BROOKHAVEN SCIENCE ASSOCIATES, LLC

P.O. Box 5000

UPTON, L.I., N.Y. 11973-5000

Subcontractor Name Subcontractor Address Subcontractor Address Subcontractor Address

CONSTRUCTION CONTRACT FOR:

Preparation and Painting of The Upton Road Water Tower

This is a Contract (Contract) made as of the date set forth above, between (Subcontractor) and Brookhaven Science Associates, LLC (BSA) the latter acting under a Prime Contract with the United States of America (Government) represented by the United States Department of Energy (DOE) to operate the Brookhaven National Laboratory (BNL).

I. Scope of the Work:

Preparation and painting of the Upton Road 500K gallon elevated water storage tank. Work shall include steel surface preparation for interior and exterior painting, interior and exterior painting, miscellaneous electrical, instrumentation, communication, pipe work, and site work. All work shall be performed in strict accordance with Attachments 1 - BSA Specifications entitled “Painting of New 500K Gallon Water Tower _Contract Specifications” dated August 2022, Attachment 2 – BSA Drawings entitled “Painting of New 500K Gallon Water Tower _Tank Drawings” dated August 2022, Attachment 3 – BSA Drawings entitled “Painting of New 500K Gallon Water Tower _ Electrical Drawings” dated August 2022, and Attachment 4 - Brookhaven National Laboratory Supplier Quality Assurance Requirements (BNL-QA-101), dated 11/2020.

II. Period of Performance:

This Contract shall be effective as of the date executed by BSA, provided that the Subcontractor executes the Contract without exception or alteration. Subcontractor agrees to complete all specified work by no later than July 31, 2023.

III. Firm Fixed Price and Payment:

A. Firm Fixed Price: In full consideration of the Subcontractor's performance hereunder BSA shall pay the Subcontractor the firm fixed price of TBD US Dollars ($TBD). The said sum shall constitute full compensation for all services and materials furnished hereunder.

B. Payment: Payment will be made upon receipt and approval of properly certified invoices. Lien Waivers associated with each payment period from the Subcontractor and lower tier Subcontractors must be submitted to the Subcontract Representative simultaneous to submission of invoices. Invoices shall be directed to BSA’s Accounts Payable Section via electronic or regular mail. Electronic invoice submittal is preferred by BSA. The Subcontractor shall make every effort to have systems in place that allow for electronic invoice transmittal.

Invoices shall be submitted in PDF format, via email, to apinvoices@bnl.gov . Hard copy invoices, in duplicate, shall be directed to BSA’s Accounts Payable Section, Contracts Division, Bldg. No. 400. Invoices must indicate the Subcontract number. In addition, the Subcontractor shall indicate the final invoice by clearly marking such invoice as "Final".

Payment Terms: For Small Business: Net 10 Days.

For Large Business: Net 30 Days.

IV. Obligation of Funds:

This Subcontract will be fully funded at award.

V. Authorized Representatives:

A. Subcontractor’s Technical Representative: is the Subcontractor’s authorized Technical Representative, hereunder. He/She shall act as liaison between BSA and the Subcontractor in technical matters only. He/She can be reached at (Telephone No) fill in e-mail address (e-mail).

B. Subcontractor’s Contractual Representative: is the Subcontractor’s authorized Representative, hereunder. He/She shall act as liaison between BSA and the Subcontractor. He/She can be reached at (Telephone No.), fill in e-mail address (e-mail).

C. BSA Technical Representative: __________ of the Modernization Project Office, located in Building 555 is the Technical Representative, hereunder. He/She shall act as liaison between BSA and the Subcontractor in technical matters only. He/She can be reached at (631) 344-________ or _________@bnl.gov.

D. BSA Contractual Representative: Dimitrios Hristopoulos is BSA's Contractual Representative. He can be reached at (631) 461-3501 or dhristopo@bnl.gov. Any change or modification in the terms and conditions of this Contract shall require the written approval of BSA's Procurement and Property Management Division’s Manager, or his designee.

VI. Davis-Bacon Act Requirements:

This is a Construction Wage Rate Subcontract. The applicable wage determination number is: NY20220012, dated 08/05/2022 (Attachment 5). The Subcontractor shall pay, at a minimum, the wage rates and fringes to their employees, and is responsible for ensuring that subcontract employees are similarly paid. Work classifications, wage rates and fringes must be in accordance with the Construction wage determination requirements.

If the appropriate title is not listed, the Subcontractor can complete Standard Form SF-1444 and submit it to BSA’s Contractual Representative to obtain a Department of Labor determination (Attachment 6).

BSA will make periodic site visits to interview individual workers to ensure the requirements of the Construction Wage Rate Statute are being met. The section titled “Labor Standards” of the Terms and Conditions covers the labor aspects of this Subcontract.

VII. Required Submittals:

A. Contract and Bonds:

Within fourteen (14) days after receipt of award, the Subcontractor shall furnish an executed copy of the Contract and two (2) bonds, each with satisfactory security; namely, a performance bond AMS-Form-024 and a payment bond AMS-Form-025 (Attachments 7 and 8). The clause entitled “Performance and Payment Bond Requirements” of the General Terms and Conditions describes the bonding requirements in detail. Only these forms will be acceptable. Only the bond of a surety company holding a certificate of authority from the Secretary of the Treasury will be accepted by BSA. The names of acceptable surety companies may be found at: https://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570.htm (click on “Certified Companies).”

B. Insurance:

Within fourteen (14) days after receipt of award, the Subcontractor shall submit a Certificate of Insurance with the coverages indicated in the clause titled “Insurance” of the General Terms and Conditions. The certificate must show that BSA and the US Government are named as additional insureds and that the insurance carrier will give BSA thirty (30) days prior written notice in the event of cancellation or material change in the policy.

C. Health and Safety Plan (HASP):

Prior to any work being performed, the awarded Subcontractor will be required to complete and submit a BNL supplied Subcontractor’s Compliance Letter to confirm that the Subcontractor’s work will conform to the applicable requirements in the BNL Health & Safety Plan (HASP) for Construction Subcontractors, Revision Number: 1.1. The HASP (and other Safety Requirements for a Safe Workplace) can be found at the following website:

https://brookhavenlab.sharepoint.com/:f:/s/External_SBMS/EhuIza-BMgFErjgJIZxqVQkBb4aiTjBLlCgn3-hGZE6rew?e=IFBgEf.

As stated in the HASP, Subcontractors will be required to submit a detailed SAFE WORK PLAN/PHASE HAZARD ANAYLSIS PROGRAM (as specified in Section 1).

The Code of Federal Regulations 10 CFR 851 “Worker Safety and Health” applies to BSA and all its Subcontractors and sub-tier subcontractors. The Health and Safety Plan meets the requirements specified in that regulation.

For further information or assistance concerning the Health and Safety Plan contact William Van Wart at (631) 344-6333 (phone), or wvanwart@bnl.gov (email).

D. Certifications:

During the course of the work, the Subcontractor is required to submit the following to the Procurement & Property Management Division:

1. Weekly certified payroll reports, submitted to the Contractual Representative, for both its own work force and that of all lower-tier subcontractors, must accompany each invoice. Work classifications and wage determinations must be in accordance with Davis-Bacon requirements.

2. Weekly Copeland Act Statement of Compliance for both of its own work force, and that of all subcontractors.

3. A Final Release of Claims against BSA and the Government at the completion of the work. (Attachment 9).

VIII. Tax Exemption:

This Subcontract will not be subject to New York State Sales and Use Taxes. BSA’s Exempt Organization Certification Number is 216880.

IX. Additional Terms:

The provisions of BSA General Terms and Conditions for Construction and Labor Hour Agreements Rev. 21.0 (Dec 2021) are incorporated herein and made a part hereof (Attachment 10). These can also be accessed and printed at: http://www.bnl.gov/ppm/T-Cs/t-c.asp .

BSA Supplemental Terms and Conditions Ensuring Adequate COVID-19 Safety Protocol for Federal Contractors (Attachment 11), is hereby incorporated.

The following documents attached hereto and made a part hereof, contain additional provisions of this contract:

ENCLOSURE 4

Contract No. 419151

Attachments:

1. BSA Specifications entitled “Painting of New 500K Gallon Water Tower _Contract Specifications” dated August 2022

2. BSA Drawings entitled “Painting of New 500K Gallon Water Tower _Tank Drawings” dated August 2022

3. BSA Drawings entitled “Painting of New 500K Gallon Water Tower _ Electrical Drawings” dated August 2022

4. Brookhaven National Laboratory Supplier Quality Assurance Requirements (BNL-QA-101) dated 11/2020

5. Construction Wage Rate General Decision No. NY20220012 dated 08/5/2022

6. Standard Form 1444

7. Performance Bond Form No. AMS-Form-024

8. Payment Bond Form No. AMS-Form-025

9. Final Release of Claim Form No. AMS-Form-022

10. BSA General Terms and Conditions for Construction and Labor Hour Agreements Rev. 21.0 (Dec 2021)

11. BSA Supplemental Terms and Conditions Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

This Subcontract does not bind nor purport to bind the United States Government.

ACCEPTED:

Title:

Title: Contracts Specialist

One (1) copy of this Subcontract, executed by Brookhaven has been provided. Should you accept this Subcontract without exception or alteration, one (1) copy of the Subcontract executed by both parties shall be returned to Brookhaven's Contractual Representative. Should you take any exceptions or attempt to alter the Subcontract in any manner, Brookhaven's execution thereof shall be null and void. Should you wish to take exception(s)/alteration(s), you shall notify Brookhaven's Contractual Representative. Brookhaven will consider the requested exception(s)/alteration(s) and notify you accordingly. No Subcontract shall exist unless and until such differences are resolved.