RFB # 25-0005-Cross Street Trunk Sewer Rehabilitation Phase II Specifications 7-3-2025.pdf

SPECIFICATIONS

Cross Street Trunk Sewer Rehabilitation Phase II Project

City of Troy, New York

July 2025

© 2025 CDM Smith

All Rights Reserved

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Cross Street Trunk Sewer Rehabilitation Phase II Project

CONTENTS

DIVISION 0 – BID DOCUMENTS

00 11 17 Invitation to Bid

00 21 14 Instructions to Bidders

00 40 01 Bid Submittal Checklist

00 41 00 Bid Form

00 45 14 Bid Bond

00 45 17 Bidder’s Qualification Statement

00 45 35 Non-Collusive Affidavit

00 45 45 Performance Bond Information

00 52 00 Agreement

00 61 13 Performance Bond

00 61 15 Payment Bond

00 70 00 General Conditions

00 72 00 NYSEFC Mandatory State Revolving Fund Terms and Conditions

00 72 10 NYSEFC Guidance on Mandatory State Revolving Fund Terms and Conditions

00 73 00 Supplementary Conditions 00 82 00 Supplementary Conditions – Additional Articles 00 82 25 Davis Bacon Federal Prevailing Wages 00 82 50 NYS Prevailing Wage Rates

DIVISION 1 – GENERAL REQUIREMENTS

01 11 01 Summary of Work 01 20 00 Measurement and Payment

01 26 63 Change Order Procedures

01 29 73 Schedule of Values

01 29 83 Applications for Payment

01 30 00 Submittal Procedures

01 31 19 Project Meetings

01 32 13 Control of Work

01 32 16 Construction Schedule

01 32 33 Photographic Documentation

01 32 36 Video Monitoring and Documentation

01 35 13 Special Project Provisions

01 35 43 Environmental Procedures

01 45 28 Pipeline Testing and Cleaning

01 45 29 Testing and Testing Laboratory Services

01 45 98 Maintenance of Flow in Existing Sewers

01 51 00 Temporary Facilities

01 57 26 Traffic Control

01 58 00 NYSEFC Financing Signage

01 66 10 Delivery, Storage and Handling

01 77 10 Contract Closeout

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01 78 36 Warranties and Bonds

01 78 39 Project Record Documents

DIVISION 3 – CONCRETE

03 30 00 Cast-In-Place-Concrete 03 65 00 Flowable Fill

DIVISION 31 – EARTHWORK

31 10 00 Site Preparation

31 23 00 Earthwork

31 23 19 Dewatering and Drainage

31 23 25 Granular Materials

31 25 00 Erosion and Sedimentation Controls

31 75 01 Excavation Support and Protection

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 01 16 Pavement Repair and Resurfacing 32 12 10 Restoration of Surfaces

DIVISION 33 – UTILITIES

33 01 16 TV Inspection of Sewer Pipelines 33 01 41 33 01 50

Cleaning of Sewers Cured-in-Place Pipe Lining

33 05 12 Miscellaneous Work and Cleanup

33 05 13 Precast Concrete Manholes and Structures

33 12 10 Temporary Bypass Pumping Systems 33 90 19 Polyvinyl Chloride (PVC) Gravity Pipe

Project No: 0253-300640 00 11 17 - 1

Cross Street Trunk Sewer Rehabilitation Phase II

INVITATION TO BID

Sealed Bids for construction of the Cross Street Trunk Sewer Rehabilitation Phase II Project will be received by the City of Troy, New York at the Purchasing Office, Troy City Hall, 433 River Street, Suite

5001, Troy, New York 12180 until 11:00 AM on August 13, 2025. At that time and place bids will be publicly opened and read aloud in the Main Conference Room. Questions related to this advertisement may be directed by e-mail to the Purchasing Agent at Nancy.piskutz@troyny.gov or by mail at the above address.

Contract Documents may be obtained through the City of Troy’s website under Bids and RFPs by completing the Purchasing Acknowledgement Form for this advertisement. The City of Troy will email a

PDF copy of the plans and specifications to those who register.

A pre-bid conference will be held on Wednesday July 30, 2025 at 10:00 AM at the John P. Buckley

Water Treatment Plant, 25 Water Plant Road, Troy, NY 12182.

Each Bid shall be submitted in accordance with the Instructions to Bidders and shall be accompanied by a

Bid Security in the amount of 5 percent of the Bid. Complete instructions for filing Bids are included in the Instructions to Bidders.

Bidders may not withdraw their Bids for a period of 45 days after the actual date of the opening of the

Bids. The Successful Bidder must furnish a 100 percent Performance Bond and a 100 percent Payment

Bond with a surety company acceptable to the Owner.

Any contracts awarded under this Invitation to Bid are expected to be funded in part through the New

York State Clean Water State Revolving Fund.

Wage rates for this Project are subject to the minimum wage rates as per New York State Prevailing

Wage Schedule and Davis Bacon Wage rates for SRF Funding.

Bidders on this work are required to comply with contract goals for use of Minority Business Enterprises

(MBEs) and Women Business Enterprises (WBEs). The requirements for bidders and contractors covered by this policy are explained in the Instructions to Bidders.

Bidders on this work are required to comply with American Iron & Steel provisions, as explained in the

Instructions to Bidders.

The Owner reserves the right to waive any informality in or to reject any or all Bids if deemed to be in its best interest.

Michael McNeff

City Comptroller

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Project No. 0253-300640

© 2023 CDM Smith

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SECTION 00 21 14

INSTRUCTIONS TO BIDDERS

ARTICLE 1. QUALIFICATIONS OF BIDDERS

1.1 Bidders may be investigated by OWNER to determine if they are qualified to perform the Work. All

Bidders shall be prepared to submit within five days of OWNER'S or ENGINEER's request, written evidence of such information and data necessary to make this determination.

1.2 The investigation of a Bidder will seek to determine whether the organization is adequate in size, is authorized to do business in the jurisdiction where the project is located, has had previous experience and whether available equipment and financial resources are adequate to assure OWNER that the Work will be completed in accordance with the terms of the Agreement. The amount of other work to which the

Bidder is committed may also be considered.

1.3 In evaluating Bids, OWNER will consider the qualifications of only those Bidders whose Bids are in compliance with the prescribed requirements.

1.4 Resolution #72 dated October 3, 2019 requires any Contractor or Sub-Contractor of the City entering into a construction contract with a total dollar amount of $100,000 or more to have a NYS Commissioner of Labor approved Apprenticeship Program in place. This resolution shall apply to construction contracts advertised for bid on or after November 1, 2019.

1.5 OWNER reserves the right to reject any Bid if the evidence submitted by, or the investigation of, such Bidder fails to satisfy OWNER that such Bidder is properly qualified to carry out the obligations of the Contract Documents and to complete the Work contemplated therein.

ARTICLE 2. COPIES OF CONTRACT DOCUMENTS

2.1 Complete sets of Contract Documents shall be used in preparing Bids; neither OWNER nor

ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.

2.2 OWNER and ENGINEER in making copies of Contract Documents available do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

ARTICLE 3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

3.1 Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may in any manner affect cost, progress or performance of the Work, (c) become familiar with Federal, State and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the requirements of the Contract Documents.

3.2 Surveys and investigative reports of subsurface or latent physical conditions at the site which have been relied upon by ENGINEER in preparing the Contract Documents are identified in Article 4 of the

Supplementary Conditions. These reports are not guaranteed or warranted as to accuracy or completeness, nor are they part of the Contract Documents.

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3.3 Before submitting a Bid, Bidders may, at their own expense, make such additional investigations and tests as they may deem necessary to determine their Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

3.4 On request, OWNER will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for the submission of a Bid.

3.5 The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Supplementary

Conditions, General Requirements or on the Drawings.

3.6 The submission of a Bid will constitute an incontrovertible representation that the Bidder has complied with every requirement of this Article 3 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

3.7 Bidders shall include apprenticeship agreements with the bid proposal.

ARTICLE 4. INTERPRETATIONS

4.1 All questions about the meaning or intent of the Contract Documents shall be received in writing by

Camp Dresser McKee & Smith, 3 Lear Jet Lane, Suite 100N, Latham, New York 12110, Tel (518) 782-

4500; Fax (518) 786-3810; Attn: Ms. Darcy Rosenthal (rosenthalda@cdmsmith.com), at least eight calendar days before the date set herein for the opening of bids.

4.2 Written clarifications or interpretations will be issued by Addenda not later than five calendar days before the bid opening date. Only questions answered by formal written Addenda will be binding. Oral and other clarifications or interpretations will be without legal effect. Addenda will be sent by electronic delivery or delivery service with return receipt requested, to all parties recorded as having received the

Contract Documents.

4.3 Bidders are responsible for determining that they have received all Addenda issued.

ARTICLE 5. PRE-BID CONFERENCE

5.1 A pre-bid conference will be held on March 15, 2023 at 10 AM at the City of Troy Water Treatment

Plant, 25 Water Plant Road, Troy, NY 12182 to discuss the requirements of the Contract documents.

ARTICLE 6. BID SECURITY

6.1 Each Bid must be accompanied by cash, bid bond, or a certified check on, or a treasurer's or cashier's check issued by, a responsible bank or trust company, payable to OWNER. The Bid Security shall be in the amount stated in the Invitation to Bid. Bid Security shall be sealed in a separate envelope from the

Bid and then attached to the envelope containing the Bid. All Bid Securities except those of the three lowest responsible and eligible Bidders will be returned within five days, Saturdays, Sundays, and legal holidays excluded, after opening of the Bids. All Bid Securities will be returned on the execution of the

Agreement or if no award is made, within forty-five days after the actual date of opening of the Bids, unless forfeited under the conditions herein stipulated.

6.2 In case a party to whom a Contract is awarded shall fail or neglect to execute the Agreement and furnish the satisfactory bonds within the time specified, OWNER may determine that the Bidder has

Project No. 0253-300640

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00 21 14 - 3 abandoned the Contract, and thereupon the Bid Forms and acceptance shall be null and void and the Bid

Security accompanying the Bid Form shall be forfeited to OWNER as liquidated damages for such failure or neglect and to indemnify said OWNER for any loss which may be sustained by failure of the Bidder to execute the Agreement and furnish the bonds as aforesaid, provided that the amount forfeited to OWNER shall not exceed the difference between the Bid Price of said Bidder and that of the next lowest responsible and eligible bidder and provided further that, in case of death, disability, or other unforeseen circumstances affecting the Bidder, such Bid Security may be returned to the Bidder. After execution of the Agreement and acceptance of the bonds by OWNER, the Bid Security accompanying the Bid Form of the Successful Bidder will be returned.

ARTICLE 7. PERFORMANCE, PAYMENT AND OTHER BONDS

7.1 Performance, Payment and other Bonds shall be provided in accordance with Article 5 of the

Conditions of the Contract.

7.2 All Bonds required as Contract Security shall be furnished with the executed Agreement.

ARTICLE 8. BID FORM

8.1 Each Bid shall be submitted on the Bid Form appended to the Project Manual. The Bid Form shall be removed and submitted separately. All blank spaces for Bid prices must be filled in with the unit price for the item or the lump sum for which the Bid is made.

8.2 Bid Forms shall be completed in ink or by typewriter. The Bid price of each item on the form shall be stated in words, and figures. If unit prices are required on the Bid Form, discrepancies between unit prices and their respective total amounts will be resolved in favor of the unit prices. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

8.3 Bids by corporations shall be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

8.4 Bids by Limited Liability Companies shall be executed in the Limited Liability name by the

Manager (or other Limited Liability Company officer/representative accompanied by evidence of authority to sign.) The Limited Liability Company address and state where the Limited Liability

Company was formed shall be shown below the signature.

8.5 Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title shall appear under the signature. The official address of the partnership shall be shown below the signature.

8.6 All names shall be typed or printed below the signature.

8.7 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form).

8.8 The address to which communications regarding the Bid are to be directed shall be shown.

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8.9 One copy of each Bid shall be submitted in a sealed opaque envelope bearing on the outside the

Bidder's name, address, and the Project Title for which the Bid is submitted. (If forwarded by mail, Bid and sealed envelope marked as described above shall be enclosed in another envelope with the notation

"BID ENCLOSED" on the face and addressed as indicated in the Invitation to Bid.)

ARTICLE 8A. ADDITIONAL DOCUMENTS TO BE SUBMITTED WITH BID FORM

▪ Bidders Qualification Statement

▪ Non-Collusive Affidavit

▪ Bid Bond

▪ Lobbying Certification

▪ AIS Contractor Certification

ARTICLE 9. RECEIPT OF BIDS

9.1 Sealed Bids for the work of this Contract will be received at the time and place indicated in the

Invitation to Bid.

9.2 OWNER may consider informal any Bid not prepared and submitted in accordance with the provisions hereof.

9.3 Bidders are cautioned that it is the responsibility of each individual bidder to assure that their bid is in the possession of the responsible official or the designated alternate prior to the stated time and at the place of the Bid Opening. Owner is not responsible for bids delayed by mail and/or delivery services, of any nature.

ARTICLE 10. MODIFICATION AND WITHDRAWAL OF BIDS

10.1 Bids may be modified only by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

10.2 Bids may be withdrawn prior to the scheduled time (or authorized postponement thereof) for the opening of Bids.

10.3 Any Bid received after the time and date specified shall not be considered. No Bid may be withdrawn for a period of forty-five days after the actual date of the opening of the Bids.

ARTICLE 11. AWARD OF CONTRACT

11.1 The Contract will be awarded to the lowest responsible and eligible Bidder (Successful Bidder). The

Successful Bidder shall possess the skill, ability, and integrity necessary for the faithful performance of the work. The term “lowest responsible and eligible Bidder” as used herein shall mean the Bidder whose

Bid is the lowest of those Bidders possessing the skill, ability and integrity necessary to the faithful performance of the Work.

11.2 OWNER reserves the right to reject any and all Bids, to waive any and all informalities if it is in

Owner's best interest to do so, and the right to disregard all nonconforming, nonresponsive or conditional

Bids.

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11.3 A Bid which includes for any item a Bid Price that is abnormally low or high may be rejected as unbalanced.

11.4 OWNER also reserves the right to reject the Bid of any Bidder that OWNER considers to be unqualified relative to Article 1 above.

11.5 If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five days after the actual date of the opening of the Bids.

All bids shall remain open for forty-five days after the actual date of the opening of the Bids but OWNER may, at OWNER's sole discretion, release any Bid and return the Bid Security prior to that date.

ARTICLE 12. EXECUTION OF AGREEMENT

12.1 When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by at least

6 unsigned copies of the Agreement and all other applicable Contract Documents. Within five days, excluding Saturdays, Sundays and legal holidays, after the date of receipt of such notification

CONTRACTOR shall execute and return all copies of the Agreement and all other applicable Contract

Documents to OWNER.

ARTICLE 13. SAFETY AND HEALTH REGULATIONS

13.1 This project is subject to the Safety and Health Regulations (CFR 29, Part 1926 and all subsequent amendments) as promulgated by the U.S. Department of Labor on June 24, 1974 and CFR 29, Part 1910, General Industry Safety and Health Regulations Identified as Applicable to Construction.

13.2 The Successful Bidder shall comply with the Department of Labor Safety and Health Regulations for

Construction 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).

13.3 The Successful Bidder shall have a competent person or persons, as required under the Occupational

Safety and Health Act on the Site to inspect the Work and to supervise the conformance of the Work with the regulations of the Act.

ARTICLE 14. FEDERAL REQUIREMENTS

14.1 This Contract is Federally assisted. The Contractor must comply with the Davis-Bacon Act, the

Anti-Kickback Act and the Contract Work Hours and Safety Standards Act, Title VI of the Civil Rights

Act of 1964 and Executive Orders 11246 and 11375.

ARTICLE 15. FEDERAL WAGE RATES

15.1 Davis Bacon (DB) Prevailing Wage Requirements

15.1.1 The following clauses shall apply to any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1 or the FY 2012 Appropriations Act, the following clauses:

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(1) Minimum wages.

(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1 (b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(l)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(l)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(ii) (A) The Owner(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The State award official shall approve a request for an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and

(2) The classification is utilized in the area by the construction industry; and

(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(B) If the contractor and the laborers and mechanics to be employed in the classification (if known) or their representatives, and the Owner(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the Owner(s) to the State award official. The State award official will transmit the request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 and to the

EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification request within 30 days of receipt and so

00 21 14 - 7 advise the State award official or will notify the State award official within the 30-day period that additional time is necessary.

(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Owner(s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of the

State award official, to the Administrator for determination. The request shall be sent to the EPA DB

Regional Coordinator concurrently. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs

(a)(l)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(2) Withholding. The Owner(s) shall, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(3) Payrolls and basic records.

(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section l(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(l)(iv) that the wages

00 21 14 - 8 of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(ii) (A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the Owner, that is, the entity that receives the sub-grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or

EPA. As to each payroll copy received, the Owner shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29

CFR 5.5(a)(l) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls.

Instead, the payrolls shall only need to include an individually identifying number for each employee

(e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Owner(s) for transmission to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour Division of the

Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements.

It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the

Owner(s).

(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

(1) That the payroll for the payroll period contains the information required to be provided under § 5.5

(a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5

(a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;

(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;

(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

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(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional

Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section.

(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States

Code.

(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

(4) Apprentices and trainees

(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training

Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State

Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.

If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

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(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.

Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training

Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and

Hour Division determines that a different practice prevails for the applicable trainee classification which provides for less than full fringe benefits for trainees. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training

Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and

Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order

11246, as amended, and 29 CFR part 30.

(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of

29 CFR part 3, which are incorporated by reference in this contract.

(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in

29 CFR 5.5(a)(l) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

(7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR

5.12.

(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the

Davis-Bacon and Related Acts contained in 29 CFR parts 1,3, and 5 are herein incorporated by reference in this contract.

(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7.

Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and Owner(s), State, EPA, the U.S. Department of Labor, or the employees or their representatives.

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(10) Certification of eligibility.

(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l).

(11) No part of this contract shall be subcontracted to any person or firm ineligible for award of a

Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l).

(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

15.1.2 Contract Provision for Contracts in Excess of $100,000.

(a) Contract Work Hours and Safety Standards Act. The following clauses set forth in paragraphs (a)(l), (2), (3), and (4) of this section in full shall apply to any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall apply in addition to the clauses required by Item 1, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a)(l) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United

States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(l) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a)(l) of this section.

(3) Withholding for unpaid wages and liquidated damages. The Owner, upon written request of the EPA

Award Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a)(l) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(l) through (4) of this section.

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(b) In addition to the clauses contained in Item 1, above, in any contract subject only to the Contract

Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Owner shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Owner shall insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.

15.2 It is the responsibility of the Contractor before the bid opening to request, if necessary, any additional information on Federal Wage Rates for those tradespeople who are not covered by the applicable Federal Wage Determination, but who may be employed for the proposed work under this

Contract.

15.3 All construction associated with this contract will be governed by Heavy and Highway Rates.

ARTICLE 16. NONDISCRIMINATION IN EMPLOYMENT

16.1 Contracts for work under this Project will obligate the Contractor and Subcontractors not to discriminate in employment practices.

16.2 Bidders for the Contract shall indicate in their Bid, whether they have previously performed work subject to the President's Executive Order No. 11246, or any preceding similar Executive Order.

16.3 Bidders must, if requested, submit a compliance report concerning their employment practices and policies in order to maintain their eligibility to receive the Award of the Contract.

16.4 Successful bidders must, if requested, submit a list of all Subcontractors who will perform work on the Project and written signed statements from authorized agents of the labor pools with which they will or may deal for employees on the Work, together with supporting information to the effect that said labor pools' practices and policies are in conformity with Executive Order No. 11246, and that said labor pools will affirmatively cooperate in or offer no hindrance to the recruitment, employment, and equal treatment of employees seeking employment and performing work under the Contract, or a certification as to what efforts have been made to secure such statements when such agents or labor pools have failed or refused to furnish same prior to the Award of the Contract.

16.5 Successful Bidders must be prepared to comply in all respects with the U.S. Environmental

Protection Agency Labor Standards form entitled: "Labor Standards Provisions for Federal and Federally

Assisted Contracts", dated May 1987, a copy of which is included in Part II of the Supplementary

Conditions.

ARTICLE 17. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MBE's

AND WBE's)

17.1 Bidders on this work are required to comply with the NYSEFC requirements regarding the use of

Minority Business Enterprise (MBE) and Woman Business Enterprises (WBE). The requirements for

Bidders and Contractors are explained in the Section 00 72 00. The combined MWBE goal for this project is 20%.

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ARTICLE 18. INFORMATION REGARDING BUY AMERICAN PROVISION

18.1 The Buy American Provision of Public Law 95-217 (Section 215 of Public Law 92-500 as amended) as implemented by EPA regulations and guidance, generally requires that preference be given to the use of domestic construction material in the performance of this Contract.

18.2 Bids or proposals offering use of non-domestic construction material may be acceptable for award if the EPA Award Official waives the Buy American provision based upon those factors that are deemed relevant, including: (i) such use is not in the public interest; (ii) the cost is unreasonable; (iii) the available resources of the Agency are not sufficient to implement the provision, or (iv) the articles, materials, or supplies of the class or kind to be used or the articles, materials, or suppliers from which they are manufactured are not mined, produced, or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality for this particular project. The EPA Award Official may also waive the Buy American provision if it is determined that application of this provision is contrary to multilateral government procurement agreements. Such evidence as the EPA Award Official may deem relevant shall be furnished to justify use of non-domestic construction material.

ARTICLE 19. SPECIAL LEGAL REQUIREMENTS

19.1 Insurance: see General Conditions, Section 00 70 00 and Supplementary Conditions, Section 00 73

00.

19.2 Sales Tax Exemption: see Supplementary Conditions, Section 00 73 00, paragraph 6.15.1.

19.3 Non-Collusive Bidding Certification: see Bid Form, Section 00 41 01; Non-Collusive Bidding

Certification, Section 00 45 35; and Supplementary Conditions - Additional Articles, Section 00 82

00.

19.4 Wage Rates: see Supplementary Conditions - Additional Articles, Section 00 82 00, Article 21, Federal Davis Bacon Requirements, Section 00 82 25, New York State Prevailing Wage Rates, Section 00 82 50, and NYS Agency Requirements, Section 00 72 00.

ARTICLE 20. SUBCONTRACTORS, SUPPLIERS AND OTHER

20.1 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers and other persons and organizations to be submitted to Owner in advance of the Notice of Award, the apparent

Successful Bidder, and any other Bidder so requested, will within seven days after the Bid Opening submit to Owner a list of all Subcontractors, Suppliers and other persons and organizations

(including those who are to furnish the principal items of material and equipment) proposed for those portions of the Work for which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by Owner.