abatement and selective demolition -...

Bid Notification Package

Ethel T. Chamberlain 664 W. Onondaga Street

Syracuse, NY 13204

ABATEMENT AND SELECTIVE DEMOLITION

ARCHITECT PROJECT NO. 14054

SHARS NO. 20156029

SERIES 0 – BIDDING REQUIREMENTS AND CONTRACT FORMS 001116 Invitation to Bid 002113 Instructions to Bidders 002413 Scope of Bid

004113 Form of Proposal 006313 Bid Request for Information Form 007316 Sample Certificate of Liability Insurance 007338 Instructions for Administrative Requirements 007315 Supplementary Conditions for Subcontractors

007340 Davis Bacon Wage Rate Sheet & Federal Labor Standards Provisions NOTE: THIS IS SUPPLEMENTARY INFORMATION TO THE PROJECT MANUAL. THE COMPLETE PROJECT MANUAL SHOULD BE REFERENCED IN ADDITION TO THIS BID NOTIFICATION PACKAGE.

ETHEL T. CHAMBERLAIN SYRACUSE, NY

PROJECT NO. 14054 AUGUST 2016

SECTION 001116 INVITATION TO BID

ETHEL T. CHAMBERLAIN

ABATEMENT & SELECTIVE DEMOLITION

Pre-bid Conference: Monday, September 12, 2016 at 9am Meet at 1201 E. Fayette Street, Syracuse, NY 13210 Sealed Bid Due Date: Monday, September 26, 2016 by 4pm Submitted To: Housing Visions Construction Co., Inc. 1201 E. Fayette Street Syracuse, NY 13210 Attention: Jennifer Esterley Manager of Construction Services Email: [email protected]

Responsibilities of chosen subcontractors include:

• Certificate of Insurance per Section 007316 • EEO and M/WBE Policy Statement • Davis Bacon online certified payroll and Workforce Compliance Documents • A good faith outreach effort to solicit participation of City of Syracuse/or NYS certified

Minority and Women Owned Business (M/WBE). The Environmental Testing Company and Monitor are:

J.B. Evans & Sons LLC. Jim Evans P.O. Box 404 Telephone Number: 315-720-2947 Mobile: 315-720-2947

The construction documents may be examined at the following locations:

1. Housing Visions Construction Co., Inc. 1201 E. Fayette Street Syracuse, NY 13210 315-472-3820, please call to schedule an appointment

2. On-Line www.housingvisions.org , Construction, Bid Opportunities Note-There is a link to go directly to our Plan Room.

ETHEL T. CHAMBERLAIN 001116 INVITATION TO BID SYRACUSE, NY PAGE 1 OF 2

mailto:[email protected]


Full or partial sets may be purchased on-line through Avalon Copy Center, or by calling Avalon:

• Plans will be available from Avalon Document Services. Bidders will be able to access the project online at http://www.housingvisions-planroom.com/ and www.avalonplanroom.com

• Choose the location closest to your firm • Click on “Public Jobs” in the main menu and choose Ethel T. Chamberlain SHARS#20156029, plans,

specs, and addenda may be reviewed and purchased. • You may purchase hard copies of individual sheets or a digital download of the full project. We

recommend you purchase the digital download ($10.00 for everything) and you will receive the documents in pdf format. You can then print them on your plotter or take them to a printing company.

• All orders must be placed online through the Avalon plan room. NOTE: All bidders are responsible for their full scope of work. If a partial set is purchased, be sure to review all pages to be sure there is no pertinent information on other pages.

All Minority and Woman Owned Business Enterprises (M/WBE), suppliers, contractors, and/or businesses will be afforded equal opportunity without discrimination. All NYS Certified M/WBE should include a copy of their certification with the bid document. Please contact Jim Davidson, Project Manager, at 315-569-5440 or [email protected] with any technical questions. Please contact Kelley Sweeney, Construction Project Coordinator, at 315-472-3820 or [email protected] with any administrative questions.

ETHEL T. CHAMBERLAIN 001116 INVITATION TO BID SYRACUSE, NY PAGE 2 OF 2

http://www.housingvisions-planroom.com/

http://www.avalonplanroom.com/




002113 INSTRUCTIONS TO BIDDERS

1. BID FORMS Submit separate price for each building that you wish to bid on. You are not required to bid on all buildings. Each building shall be awarded separately. Bid Form is found in Bid Notification Package. Complete the Bid Form in its entirety. Indicate any potential savings for multiple building awards.

Include estimated work days. This is critical to the overall bid assessment. Note: contract requirements for work schedules will be strictly adhered to. See Contract Articles 9 and 7.2.1.

All bids shall be submitted subject to all requirements of the Scope of Work. Bid Forms shall be properly signed and dated. No bid shall be accepted if found to be incomplete or the scope of work is unsigned. Bid documents must be submitted in a sealed envelope which is clearly labeled with the words "Bid Documents", and states the project name, date, and name of the bidder.

2. BID SECURITY DEPOSIT Bidder(s) are required to attach a certified check in the amount of 1% or a bid bond in the amount of 2% of the total bid as a bid security. All bid security deposits shall be returned within 15 days of the bid award or to the successful bidder upon execution of the contract.

3. BIDDER’S CONSTRUCTION EXPERIENCE Before a bid is considered for award, the bidder may be requested by HVCC to submit a statement regarding his/her previous experience in performing comparable work, his/her business and technical organization, and financial resources.

4. TIME FOR RECEIVING BIDS

Sealed bids shall be mailed or delivered to the Syracuse office of Housing Visions Construction Co., Inc. at 1201 E. Fayette Street, Syracuse, NY 13210, by the time indicated on the Invitation to Bid.

5. OPENING OF BIDS HVCC will review all bids in a fair and consistent manner and will inform all bidders of their results within one week of the bid award.

6. AWARD OF CONTRACT AND REJECTION OF BIDS

The contract will be awarded for the work to the responsible bidders submitting the proposal complying with the conditions of the Invitation to Bid, provided their bid is reasonable and it is to the interest of HVCC to accept it. The bidder to whom the award is made will be notified at the earliest practical date. HVCC, however, reserves the right to reject any and all bids and to waive any informality in bids received whenever such rejection or waiver is in its interest. An award of a contract shall consist of the base bid and the sum of any combination of alternate bids that are in the best interests of HVCC to accept. HVCC is prohibited from making any awards to sub-contractors or accepting as subcontractors any individuals or firms that are included on the most recent lists of contractors ineligible to work on federally funded projects for the United States, as per the US General Services Administration “List of Parties Excluded from Federal Procurement.” HVCC also reserves the right to reject the bid of any bidder who has previously failed to perform

ETHEL T. CHAMBERLAIN 002113 INSTRUCTIONS TO BIDDERS SYRACUSE, NY PAGE 1 of 2


properly, or to complete on time, contracts of a similar nature; who is not in a position to perform contract; or who has habitually and without just cause neglected the payment of bills or otherwise disregarded his obligations to subcontractors, materials, workers, suppliers, or customers.

7. PRECONSTRUCTION CONFERENCE

Prior to the start of construction HVCC will hold a pre-construction meeting. The successful bidder or his/her qualified representative are invited to attend. The meeting will serve to acquaint the Participants with the general plan of contract administration and requirements under which the construction operation is to proceed. The date, time and place of the meeting will be announced by HVCC.

ETHEL T. CHAMBERLAIN 002113 INSTRUCTIONS TO BIDDERS SYRACUSE, NY PAGE 2 of 2


EXHIBIT B – SECTION 002413 SCOPE OF BID FOR: ABATEMENT & SELECTIVE DEMOLITION WORK SCOPE Provide all labor, material, equipment, supervision, management, and administration required to complete all remediation and demolition as required by the Contract Documents, addendums and applicable codes, including specifically but not limited to:

• Division 00 – Bidding Requirements and Contract Forms • Section 017419 Construction Waste Management and Disposal • Division 02 – Site Construction • Structural Drawings as they pertain to Selective Demolition (reference: S1.1, S1.2, S1.3, S1.4,

S1.5, S1.6, S1.7) • Architectural Drawings as they pertain to Selective Demolition (reference: D1.0, D1.1, D1.2,

D1.3, D1.4, D1.5, A2.1, A2.2, A2.3, A2.4) WORK DESCRIPTION

1. This building is a historic rehab. Special attention is required on the Demolition drawings, especially as it relates to salvaged historic components.

2. Hazardous Materials Remediation Coordinate all work with the HVCC Site Superintendent. No work shall start until subcontractor’s insurance and remediation submittals have been approved by HVCC and Hazardous Materials Monitor and all necessary permits have been obtained and notices have been given. Animal wastes and similar contaminates to be remediated using same procedures as ACM remediation.

3. Selective Building Demolition

a. By study of the Contract Documents, Q&A document issued as a result of walkthrough on 9/12, and general construction principles as set forth per code, the Demo Subcontractor is to determine the location and extent of selective demolition to be performed.

b. Elevator: i. Demo roof at Elevator Shaft and Penthouse

ii. Remove car, rail and components in its entirety iii. Finished condition is a broom swept shaft iv. Install temporary roof at shaft including framed cover, plywood, and ice and

water to a dried in condition. v. Remove two sides of existing shaft and shore structure, if necessary, from pit to

roof (per approved methodology from KHH - Structural Engineer)

c. Removals shall include, but not necessarily be limited to: i. All walls as shown on Demolition drawings.

ii. All existing mechanical, plumbing, sprinkler and electrical equipment including furnaces, hot water heaters, piping, wiring, ductwork.

ETHEL T. CHAMBERLAIN 002413 SCOPE OF BID FOR ABATEMENT & SELECTIVE DEMOLITION SYRACUSE, NY Page 1 of 6


iii. Office debris, personal items, cabinets, countertops, appliances, plumbing

fixtures, toilet partitions. iv. Exterior windows (see Alternates 1&2 below) and all components; including but

not limited to sash, frames, brick mold, and windows as indicated in specifications and shown on drawings.

1. Alternate 1: salvage, label, and inventory all components for reuse (by others)

2. Alternate 2: remove and dispose all components in their entirety v. Exterior doors and frames. Interior doors and trim as indicated in specifications

and shown on drawings. vi. Floors: Remove finishes as indicated in specifications and shown on drawings.

vii. All materials that are removed shall be considered the property of the subcontractor (unless noted otherwise) and shall be completely removed from the job site as soon as possible.

d. Removals by others shall include: i. Exterior concrete, stone & brick removals

ii. Exterior sitework,

e. The Owner may identify as “salvage” certain items indicated on the Drawings or in these specifications to be removed or identified in some other manner. Such salvage items shall be removed as carefully as practicable and turned over to the Owner, who will promptly remove them from the site. Salvaged items include:

i. Exterior windows (frame, glass and hardware) ii. Exterior & interior trim

iii. Other items as directed by owner

f. Unless otherwise indicated on the Drawings or in the Specifications, or identified as “salvage”, all demolished material shall be considered to be the property of the Subcontractor and shall be completely removed from the job site on a daily basis.

g. In the event of demolition of items not scheduled to be demolished, promptly replace

such items to the approval of the Architect and at no additional cost to the Owner.

h. Provide all necessary bracing, shoring, or temporary supports required by the removal of structures indicated to be demolished but required for support of building elements until the new work is installed.

i. All debris removal shall fall within the HVCC recycling plan.

j. If any structural issues are found notify HVCC Site Superintendent at once.

k. All exterior door and window openings on first floor level shall be covered with

temporary ½” CDX plywood. One door opening to have hinged plywood door secured with hasp and padlock. Coordinate location of operable door with HVCC Site Superintendent. All exterior wall openings above first floor to be covered with polyethylene.



l. Documentation per plans and specifications including shipping manifests, “hot material”

disposal certificate, and all turnover documentation of all hazardous material to complete the material’s life cycle per Environmental AHJ.

GENERAL WORK NOTES

1. In the Hazardous Materials Remediation Project Specification prepared by JB Evans & Sons, LLC, the term “General Contractor” refers to Housing Visions Construction Co., Inc. (HVCC) and the term “Contractor” refers to Subcontractors.

2. CLEANING UP

After the demolition of the buildings all surplus materials, refuse, rubbish and debris shall be removed from the property by the subcontractor and disposed of in a code legal dump. Property, including area from curb to sidewalk shall be smooth with no tire tracks, ruts, etc. HVCC must receive a copy of the dumping and weight tickets from subcontractor. Under no condition shall materials be distributed about the premises. The premises shall be left in a neat and clean condition and nothing that might present a possible hazard shall be allowed to remain.

All cellars or basements holes will be cleared and surrounded with security fencing.

3. MATERIALS AND FIXTURES All materials and fixtures, if any, that are in the building(s) may be removed and become the

property of the subcontractor and must be promptly removed from the premises by him or her as the work progresses.

4. SUPERVISION All demolition work under this contract shall be under the immediate supervision and direction

of HVCC and the Environmental Monitor regarding ACM. 5. PROTECTION

In the performance of the work, the Subcontractor shall protect any and all adjoining property, streets, sidewalks and curbs and must properly barricade, light and guard the premises whenever necessary or required and shall provide such other protection so as to comply with all Laws, Rules, Ordinances and Regulations applicable to such work by the Federal Government, State of New York, City of Syracuse, Onondaga County, etc.

Barricades, fences and all other protection shall be continued and maintained by the General Contractor for the full period of the project. The Subcontractor is responsible for maintaining the temporary fence if there is damage or re-work during their scope of work.

6. PROTECTION OF BUILDINGS ON ADJOINING PROPERTY Whenever the depth of a basement or cellar of a building to be demolished is in excess of the depth of a cellar, basement or foundation walls or piers on adjoining properties to such an extent as to be a source of danger to the stability or safety of the structures on the adjoining properties, then this Subcontractor shall safely shore and brace the adjoining structures and maintain such supports until the cellar of basement of the demolished building has been



backfilled to height required to prevent the collapse of walls of the building on adjoining properties.

7. SAFETY DURING DEMOLITION Safe and sanitary conditions shall be provided where demolition and wrecking operations are

being carried on. Work shall be done in such a manner that hazard from fire, possibility of injury, danger to health and condition which may constitute a public nuisance shall be minimized, in conformity with generally accepted standards.

Access to utilities and public facilities including among others, fire hydrants, fire alarm boxes,

police call boxes, street lights, manholes etc. shall be kept unobstructed during demolition.

8. UTILITIES The Demo Subcontractor shall be responsible to notify, coordinate and temporarily connect all

utilities and any other items of this character. The payment of any costs and charges billed by the owners of such utilities shall be the responsibility of the Demo Subcontractor. Municipal coordination of any public/city/county connections or (cutting and capping) is to be by Demo Subcontractor.

9. LAW AND ORDINANCES

The work of this contract shall be performed in strict accordance with the Law of the State of New York and the Ordinances of the City of Syracuse now in force or which may be adopted thereafter applicable to the work of this contract and in particular.

ACM must be abated prior to demolition unless the building is condemned.

10. HANDLING OF MATERIALS In the performance of the work of this contract no materials shall be dropped or thrown from any great height. Materials and debris resulting from the work shall be removed from the premises as rapidly as possible, but when necessary to store any such materials within the building such materials shall be so placed that no part of the structure is overloaded.

Wrecking operations shall be kept within the property lines.

11. CHUTES

Chutes for the removal of materials and debris shall be provided in all such parts of demolition operation as are deemed necessary by HVCC.

Debris shall be “wetted down” during all demolition activity before and during handling to hold down dust. The Subcontractor shall apply for a “Hydrant Permit”. The hose, nozzle and back flow prevention device shall be supplied by the Subcontractor and shall be of a minimum two and on half inch (2.5”) in size. The back flow prevention device shall be supplied by the Subcontractor and shall be of a minimum two inches (2”) in size.

12. DAMAGES

Any damages to existing curbs, streets, sidewalks, trees and adjacent property caused in the performance of the work of this contract shall be replaced in kind and/or repaired in accordance with the City of Syracuse specifications. All remedial work shall be done by the Subcontractor at



his own expense and cost to the end that curbs and/or street is restored to a good and satisfactory condition.

13. EXPLOSIVES

Explosives shall not be used in any part of demolition operations without the consent of public authorities having jurisdiction over same, and if permitted, shall be used in accordance with the laws governing explosives.

14. INSPECTIONS

The Subcontractor shall inform HVCC and the City of Syracuse Code Enforcement Official at least two working days prior to the day and time of the commencement of the demolition. The demolition, once commenced, must be continued until completed except with the expressed approval of HVCC or the City of Syracuse Enforcement Official. The Subcontractor shall obtain an Inspection of the excavation after all elements of the Building have been removed. The Subcontractor shall, before the submission of a payment voucher, notify HVCC for inspection.

CONTRACT DOCUMENTS PROJECT MANUAL/SPECIFICATIONS Prepared by HVCC Current Version: August, 2016 DRAWINGS / PLANS Prepared by Holmes King Kallquist Current Version: July 8, 2016 RISK ASSESSMENT – ASBESTOS Prepared by JB Evans & Sons, LLC Current Version: May 23, 2016 RISK ASSESSMENT – LEAD Prepared by EcoSpect, Inc. Current Version: May 10, 2016 RISK ASSESSMENT – MOLD Prepared by Dickinson Enviromental Consulting LLC Current Version: May 19, 2016 DESIGN HANDBOOK Prepared by NYS Homes & Community Renewal Current version: August 2015 http://www.nyshcr.org/Publications/DesignHandbook/DesignHandbook2015.pdf


http://www.nyshcr.org/Publications/DesignHandbook/DesignHandbook2015.pdf


Return a copy of this scope of work with Bid Form – please sign and date below.

________________________________________ Signature ______________ Date


ADDENDUM NO. 1 PROJECT NO. 14054 RELEASED 9/19/16 AUGUST 2016

ETHEL T. CHAMBERLAIN 004113 BID FORM – ABATEMENT & SELECTIVE DEMOLITION SYRACUSE, NY Page 1 of 5

EXHIBIT C – SECTION 004113 PROPOSAL FORM

ETHEL T. CHAMBERLAIN

ABATEMENT & SELECTIVE DEMOLITION Pre-bid Conference: Monday, September 12, 2016 at 9am Meet at 1201 E. Fayette Street, Syracuse, NY 13210 Sealed Bid Due Date: Monday, September 26, 2016 by 4pm Submitted To: Housing Visions Construction Co., Inc. 1201 E. Fayette Street Syracuse, NY 13210 Attention: Jennifer Esterley Manager of Construction Services Email: [email protected] Submitted By: _______________________________________________________________________Firm Name _______________________________________________________________________Street Address _______________________________________________________________________City, State, Zip Lump Sum Price The undersigned proposes to provide all labor, material, equipment, tools, facilities, transportation, licenses, services, supervision and any and all other necessary and incidental items and components required for the satisfactory completion of the Work under this Bid Package in strict and full accordance with the Contract Documents for the lump sum price of: __________________________________________________________________________________________Dollars

(Amount in Words) ________________________________________________________________($_____________________________)

(Amount in Figures)

This Project is Tax Exempt. Bidders are not to include sales tax in their proposal.

Bid Security A Certified Check in the amount of 1% or a Bid Bond in the amount of 2% of this total bid amount is enclosed as a Bid Security Deposit. All bid security deposits shall be returned within 15 days of the bid award or to the successful bidder upon execution of the contract.




Lump Sum Price Breakdown To enable us to properly evaluate the Proposal, please provide the following breakdown of the lump sum price: Abatement: $______________________

Demolition: $______________________ Shoring: $______________________

Total: $______________________ Number of Workdays: _______________________ Alternates Each Alternate price shall include the provision of all Work required for a complete installation inclusive of all Work necessary to adjust or modify any affected adjacent work to integrate the work of the Alternate into the overall Project. Alternate prices shall be inclusive of all costs to the Bidder including without limitation labor, materials, supervision, tools, equipment, field inspection, layout, staging, hoisting, handling, unloading, transportation, permits, fees, licenses, services, per diem, travel, lodging, meals, overhead, profit, general and administrative costs and all other expenses relating to the Alternate price and shall remain firm for the duration of the Project.

No. Description Add or Deduct

Amount

1. Remove and catalogue all windows.

ADD

$ 2. Keep existing foundation piers and addition at

Northwest corner of building.

DEDUCT

$ Labor Quantities Provide the following estimated labor hours included in the lump sum price. Supervisory man hours include all supervision, such as superintendents, non-working foremen, general foremen, supervisors, clerical and other non-manual employees. The listed man hours are for evaluation purposes only. Should the estimated man hours by exceeded at Contract completion, they shall not form the basis for a request for extra costs or schedule extensions.

Total Direct Labor Hours: __________________

Total Subcontracted Labor Hours: __________________

Total Supervisory and Indirect Labor Hours: __________________

Total Labor Hours: __________________

Total Overtime Hours Included Above: __________________

This Proposal is based on working ______ hours per day, ______ days per week.



Unit Prices It may be necessary to make additions to the contract amount by implementing the below listed Unit Prices. The Bidder shall set forth the cost of all Unit Prices listed below. Prices are to be in effect for the duration of the contract period during which time the Owner has the option of ordering the work by Change Order. Should the work listed below be increased from the amounts shown on the Contract Documents and/or Specifications, upon written notice from the Architect, the undersigned Bidder agrees that the prices quoted below (including insurance, applicable taxes, equipment, overhead, and profit) shall be the basis of his compensation, as the case may be, for such increase in this work. All work shall be at the quoted Unit Prices. For any additional work, the Owner reserves the option to either exercise the below stated unit prices or to obtain new unit prices.

ITEM NUMBER

DESCRIPTION UNIT ADD

AD-1 ACM floor tile SF AD-2 ACM piping insulation LF AD-3 ACM piping joints EA AD-4 ACM duct wrap LF AD-5 ACM caulking LF AD-6 ACM window glazing LF AD-7 ACM Roof Tar SF AD-8 ACM ceiling tile SF AD-10 ACM plaster SF

Labor Force Classification

________ Union ________ Non-union ________ Merit Shop

________ MBE ________ WBE ________ Dual MWBE ________ DBE

Subcontracted Work The following Work is proposed to be subcontracted in accordance with the Contract Documents. Subcontractors are subject to review and acceptance by HVCC and the Owner. Attach additional sheets as necessary. Subcontracted Work Proposed Subcontractor

Contact The person within the Bidder’s firm HVCC should contact regarding this Proposal is: ________________________________________ ____________________________________________ Name Title ________________________________________ ____________________________________________ Telephone Facsimile ________________________________________ ____________________________________________ Email Mobile



Addenda The following Addenda have been received and accepted and the stipulations and requirements defined therein have been included in the lump sum price: Number __________ Dated ________________ Through Number __________ Dated ________________ Bidders Qualifications

1. How many years has your organization been in business as a Contractor? _______________

2. How many years has your organization been in business under its present name? _______________

3. Under what other names has your organization operated? ___________________________

4. Are you licensed to perform the scope of work you are bidding for? ______________

5. List the scope(s) of work your organization typically self-performs. ________________________________________________________________________________

6. Claims & Suits-if the answer to any questions below is yes, please attach details.

a. Has your organization ever failed to complete any work awarded? ______________ b. Are there any judgments, claims, suits, or arbitration proceedings pending or outstanding against

your organization or its officers? ________________ c. Has your company filed any lawsuits or requested arbitration with regard to Construction contracts within

the last 5 years? ________________ d. On a separate sheet, please list major projects and estimated work dates that your organization has

completed within the last 5 years. ________________

7. Trade References ________________________________________________________________________________________ Company Name Address Telephone Number ________________________________________________________________________________________ Company Name Address Telephone Number ________________________________________________________________________________________ Company Name Address Telephone Number ________________________________________________________________________________________ Company Name Address Telephone Number

Certification and Validation In submitting this Proposal, the Bidder certifies that all prices and information contained in this Proposal are in full and strict compliance with the requirements of this Bid Package and the latest issue of the Contract Documents including all Supplements thereto and agrees to execute the standard HVCC Contract Agreement without exception and complete the Work of this Bid Package in its entirety. The Bidder acknowledges that this Proposal Form (Exhibit C) as completed and submitted by the Bidder including any clarifications, exclusions, modifications and attachments hereto by the Bidder is submitted as an offer to HVCC. The Bidder understands and agrees that after review of this Proposal Form by HVCC, only those items contained herein that are specifically accepted in writing by HVCC, including any such clarifications exclusions, modifications and



attachments by the Bidder, shall be binding upon HVCC. Proposals shall remain valid and binding for a period of ninety (90) days from the date set forth herein for the receipt of Proposals. The Bidder acknowledges that HVCC and the Owner reserve the right to accept of reject any or all Proposals, with or without cause, in whole or in part, to waive any informality or irregularity therein, to waive any technicality in any Proposal or part thereof and to award the Trade Contract to the Bidder considered best qualified at the time to prosecute the Work to successful completion. The undersigned represents that this Proposal is made in good faith, without fraud, collusion, or connection of any kind with any other entity for the same work, that it is competing in its own interest and in its own behalf without connection or obligation to any undisclosed entity or person, that no other entity or person has any interest in regard to all conditions pertaining to the Work and in regard to the place where it is to be done, has made its own examination and estimates and from them makes this Proposal. Certifications of Non-Segregated facilities: by signing this Bid, the Bidder certifies that he/she does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. As used in this certification, the term segregated facilities means any waiting rooms, work areas, time clocks, locker rooms, storage areas, dressing areas, rest rooms, wash rooms, restaurants, entertainment areas, transportation, or housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom or otherwise. In submitting this bid the bidder agrees to comply with the administrative regulations and reporting applicable to this project. This includes, but is not limited to Elations Certified Payroll, M/WBE Outreach Efforts, and to abide by all OSHA & EPA Regulations while on and relating to the job. All applicable reporting forms and instructions are found within the Abatement & Selective Demolition Project Manual. Respectfully Submitted, _________________________________________________________ ____________________________ Bidder’s Legal Company Name Federal Tax ID # _________________________________________________________ ____________________________ Authorized Signature Date _________________________________________________________ Title _________________________________________________________ Above Name Typed or Printed


SUBCONTRACTORS BID REQUEST FOR INFORMATION FORM (BID RFI) Technical questions regarding this bid solicitation should be submitted (48) hours prior to close of the bidding period utilizing this form only. E‐mail completed forms to Jim Davidson [email protected] or send by fax to 315‐234‐5724. RFIs not using this form shall not be accepted.

Project Name ETHEL T. CHAMBERLAIN Bid RFI Number Job Numbers Work Scope Specification Section Number (s) ___________________________________________________________________ Drawing Sheet No (s) Detail # / Name(s)_____________________________

Requesting Contractor/Supplier Contact Info: Email or Fax: _________________________________________________________________________________________ INFORMATION REQUESTED:

Date Name Signature

RESPONSE:

Date Name Signature

Distribution Owners Representative Site Consultant Architect Structural Consultant Civil Engineer Consult Mechanical Engineering Consultant

ETHEL T. CHAMBERLAIN 006313 ‐ REQUEST FOR INFORMATION FORM SYRACUSE, NY PAGE 1 of 1



EXHIBIT B – INSURNACE REQUIREMENTS Commercial General Liability: (Insurance for liability due to Personal injury, bodily injury or property damage sustained Or alleged to have been sustained by any person) including But not limited to: Premises Operations, Personal Injury, Independent Contractors, Contractual Liability and Completed Operations: a) General Aggregate: $2,000,000 b) Each Occurrence: $1,000,000 c) Personal and Advertising Injury: $1,000,000 d) Products & Completed Operations Aggregate $2,000,000 e) Fire Damage Limit $100,000 f) Medical Expense (Each Person) $5,000 Comprehensive Automobile Liability: (Including owned, non-owned, leased and hired automobiles): a) Combined Single Limit $1,000,000 Excess or Umbrella Liability: (Must provide Excess Liability over Employers Liability, Comprehensive Automobile and Commercial General Liability Policies): a) General Aggregate: $5,000,000 b) Each Occurrence: $5,000,000 Workers' Compensation and Employer's Liability insurance: As required by statute No exclusions for partners, proprietors or executive officers. New York Shall Be Included In Part 1A of The Policy Employers Liability Limit $1,000,000. Contractor Pollution Liability: Coverage for Work performed by the Subcontractor and/or anyone working on their behalf. Coverage shall include but not be limited to liability from Asbestos, Lead, Mold and Fungi. Coverage to include ongoing and completed operations.

a) General Aggregate: $2,000,000 b) Each Occurrence: $1,000,000 1. The Commercial General Liability General Aggregate shall apply on a "per project" basis. There shall be no

exclusions or limitations for Explosion, Collapse & Underground Operations ("XCU"), Residential Construction, Labor Law (AKA NY State Action Over), Contractual Liability or Work Subcontracted to Others.

2. All required policies and coverages shall be written on an occurrence basis, as claims-made coverage is not acceptable. 3. Additional Insured coverage: The Comprehensive Automobile Liability policy, Commercial General Liability

("CGL") policy, and Excess or Umbrella Liability policy, specified above, shall each name: Contractor, Owner and any other parties required of the Contractor as Additional Insured on a Primary & Non- Contributing Basis and any other insurance maintained by the additional insureds is excess.

4. With respect to Comprehensive Automobile Liability ISO endorsement CA 20 48 02 99 shall apply

5. With respect to Commercial General Liability ISO Endorsement CG 20 10 11 85 or its equivalent shall apply.

Additional Insured status will be provided for both Ongoing and Competed Operations coverages. Additional Insured status under Completed Operations coverage shall be provided for a period of three years after project completion or final payment whichever occurs later.

6. With respect to Excess or Umbrella Liability additional insured status shall “follow-form” of the Commercial General

Liability and Comprehensive Automobile Liability Policies. 7. The Additional Insured Endorsements or policy language granting the required Additional Insured status must be

ETHEL T. CHAMBERLAIN 007316 INSURANCE REQUIREMENTS SYRACUSE, NY PAGE 1 OF 2


attached to the Certificate of Insurance. 8. Commercial General Liability ISO Additional Insured Endorsement CG 2033 or its equivalent is unacceptable and

shall not be used by the Subcontractor to meet the requirements of paragraph 4) even if used in conjunction with Commercial General Liability ISO Additional Insured Endorsement CG 2037.

9. All insurance required herein must be with insurers licensed to conduct business in New York State and acceptable to

the Contractor and or Owner. In addition, each insurance policy shall be a policy from an insurer with an A.M. Best Secure, rating, meaning a rating from A- to A+, or better

10. Prior to commencing any work or any services required under this Agreement, Subcontractor shall provide certificates

of insurance on approved form to the Contractor and or Owner/Architect, evidencing that Subcontractor has procured the insurance policies and coverages required herein. Each certificate of insurance must state that coverage will not be altered, canceled or allowed to expire without thirty (30) days prior written notice, by mail, to the Contractor, except that the period of prior written notice shall be reduced from thirty (30) days to ten (10) days for any cancellation due to non-payment of premium. Whenever a policy of insurance names or is required to name the Contractor Owner and/or Architect as additional insureds; the certificate of insurance that the Contractor must provide for each such policy shall also include a copy of the required endorsement granting additional insured status.

11. The subcontractor agrees to be responsible for all deductibles or self-insured retentions applicable to any insurance

policy required herein to name them as additional insured. 12. The subcontractor agrees that before it utilizes a sub-subcontractor to perform any part of the work or services required

under this Agreement, subcontractor will require each such sub-subcontractor to procure equivalent insurance coverages and limits for the protection of the Subcontractor, Contractor, Owner and Architect, including but not limited to the additional insured coverage for Contractor, Owner, Architect and all parties required of the Contractor, described more fully above. Sub-subcontractor and subcontractor will both be equally responsible for providing the required evidence of insurance coverage to the Contractor.

13. The Subcontractor acknowledges that failure to secure the above-specified insurance constitutes a material breach of

this Agreement and subjects Contractor to liability for damages and all other legal remedies available to the Owner and/or Architect. Subcontractor further acknowledges that procurement of the insurance coverage and limits required herein shall not limit the extent of the subcontractor's other responsibilities and liabilities specified within this Agreement or by law. Subcontractor authorizes Contractor, Owner and/or Architect to withhold payments without interest, late fee or any other penalty accruing, until the latter has received current and acceptable certificates of insurance and endorsements evidencing insurance as required herein.

14. Subcontractor shall fully cooperate at all times with any effort by Contractor, Owner or Architect to audit compliance

with these insurance requirements, including but not limited to the subcontractor authorizing Contractor, Owner and/or Architect, in writing to obtain certified copies of the insurance policies procured or maintained by the subcontractor in relation to this Agreement. Failure of the subcontractor to provide any such required authorization within seven (7) business days of receiving a written request for same from the Contractor, Owner, the Owner's School Attorney, or the Architect, shall subject the subcontractor to liquidated damages, payable solely to the Contractor, in the amount of 51,000 per each calendar day thereafter that Contractor fails to comply with any such request.

15. All policies including Workers Compensation shall be endorsed to include a Waiver of Subrogation clause in favor of

the Contractor, Owner and any other entity required of the Contractor.

ETHEL T. CHAMBERLAIN 007316 INSURANCE REQUIREMENTS SYRACUSE, NY PAGE 2 OF 2


007338 INSTRUCTIONS FOR ADMINISTRATIVE REQUIREMENTS

All reporting requirements must be up to date for payment to be released

NOTE: All Subcontractors are responsible for Contractor requirements as noted in the contract AIA 101.

1. INVOICING / PAY APPLICATION:

Pay applications: Submit by the 25th of the month, using AIA documents: G702 Application and Certification for Payment & G703 Continuation Sheet (refer to Section 006276). If you do not have access to AIA documents, company invoices are acceptable but they must clearly state the following:

a) Project (ETC) and scope of work b) Building address (one address per invoice) c) Percentage complete

The AIA template billing form will be provided upon request. ALL Change Orders and scope of work changes must be approved in writing and the approved copy attached to pay application for a change to be processed.

2. DAVIS-BACON WAGE REQUIREMENTS APPLY

Refer to Section 007340

3. M/WBE OUTREACH EFFORTS At minimum, the bidder must conduct a good faith outreach effort to solicit the participation of New York State certified Minority and Women-Owned Businesses.

All contract awardees agree to take affirmative steps to utilize MWBE business enterprises. For purposes of this commitment the terms mean:

MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE (MWBE):

At least 51% owned and controlled by the minority members and/or women; the minority and/or women ownership interest is real, substantial and continuing; the minority and/or women ownership has and exercises the authority to independently control the day-to-day business decisions; independently owned, operated and authorized to do business in New York State. NOTE: Businesses eligible to participate in the program must be owned and operated by women and/or minority group members who are citizens of the United States or permanent resident aliens. Generally they must be in operation for at least one year.

MINORITY GROUP MEMBER: A United States citizen or permanent resident alien who has and can demonstrate membership in one of the following groups: Black persons having origins in any of the Black African racial groups; Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American Descent of either Indian or Hispanic origin, regardless of race; Native

ETHEL T. CHAMBERLAIN 007338 INSTRUCTIONS FOR ADMINISTRATIVE REQUIREMENTS SYRACUSE, NY Page 1 of 3


American or Alaskan native persons having origins in any of the original peoples of North America; Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands. CONTRACTOR (HVCC) AND SUBCONTRACTOR: An individual, a business enterprise including a sole proprietorship, a partnership, a corporation, a not-for-profit corporation, or any other party to a state contract, or a bidder in conjunction with the awarding of a state contract or a proposed party to a state contract.

Minority business enterprises may be employed as construction Subcontractors or as suppliers.

4. SECTION 3 OUTREACH EFFORTS

HVCC and the Subcontractor must reach out into the local community for Section 3 Employees and Businesses for new hires and sub-contracts. Documentation of Outreach is required for any contract that exceeds $200,000.

5. FORMS AND SUBMITTALS

HVCC and Subcontractors are each responsible for specific compliance forms (see list below). Samples and instructions are included in the Project Manual.

FORMS FOR SUBCONTRACTOR

Blank Copies found in Project Manual or at www.housingvisions.org , Construction, Current Construction, Job, then under “Job Specific Documentation”

Forms to be submitted at time of award:

ADM-EEO / M/WBE – EEO & M/WBE Policy Statement of Compliance Subcontractor Certification Section 3 Project Work Form Breakdown

Forms to be submitted monthly:

ADM-136 Monthly Employment Utilization Report

Forms to be submitted quarterly: ADM-146 Quarterly Affirmation of Income Payments to MWBE (if applicable)

Forms to be submitted upon completion of the project:

OFHEO-S3 Utilization of Section 3 Residents Warranty Documents (if applicable)

Items to be submitted throughout contract period:

As Built Drawings (mechanicals only) Change Order approval-must be attached to any pay application that is applying for change order dollars.



All submittals must be received prior to starting work.

The following items have been included in this section for the use of the Subcontractor:

• Good Faith Efforts Guide • EEO and MWBE Policy Statement • ADM 136 Monthly Employment Utilization Report • ADM 146 Affirmation of Income Payments to MWBE • Section 3 Utilization & Certification

These forms may also be obtained by request through Housing Visions Construction Co., Inc.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Pay applications cannot be processed unless paperwork is current and approved. Close-out project submittals must be reviewed and accepted prior to release of retainage. Any additional requirements will be issued as an addendum.



007315 SUPPLEMENTARY CONDITIONS FOR SUBCONTRACTORS

1. UTILITIES (Refer to Sections 015000) Contractor shall be responsible for the use of utility services, including water used, electricity consumed, or discharges made to sanitary sewers. HVCC will provide temporary sanitary facilities.

2. INSURANCE REQUIREMENTS (Refer to Section 007316)

See Sample Insurance Certificate listing insurance requirements/amounts. Housing Visions Construction Co, Inc. and the owner(s) of the property shall be named as the additional insured on this project.

3. BONDS Bidder(s) are required to attach a certified check in the amount of 1% or a bid bond in the amount of 2% of the total bid as a bid security. All bid security deposits shall be returned within 15 days of the bid award or to the successful bidder upon execution of the contract.

4. SUBSTANTIAL COMPLETION (Refer to Section 005216)

Contractual timeframe will be estimated. Comply with Notice to Proceed and adhere to A401-2007 Article 9, Date of Commencement, Total Calendar Days and / or Date of Substantial Completion. (Article 7, 7.2.1 is a critical element of the contract.) The contract date shall be the date of the written Notice to Proceed unless noted by HVCC otherwise. All work shall be substantially completed within the number of days from date of Notice to Proceed or substantial completion date indicated in the AIA Document A401-2007 Contract between Contractor and Subcontractor.

5. PAYMENT (Refer to Section 010270)

Terms: Invoices must be received by the 25th of the month, and will be paid on the 1st of the following month, with terms of net 35 days for correct invoices. HVCC will not release payment until the scope of work is completed and has been approved by HVCC and appropriate inspectors, and the administrative submittals are current. Retainage of 10% is withheld until the entire scope of work is complete and all documentation is submitted. Payment may be released 60 days following completion of work by building. Rough Carpentry and MEPF retainage may be released 90 days following completion of work by building. No retainage will be released if there are any outstanding items, including but not limited to: punch list work, compliance items, as-builts, warranty documents, system testing, and certification/ commissioning is complete. Payments will not be made until:

a) The work has been inspected for compliance with the plans and specifications.

b) The invoice has been checked against the contract price, purchase orders, contract amendments, and change orders.

ETHEL T. CHAMBERLAIN 007315 SUPPLEMENTARY CONDITIONS FOR SUBCONTRACTORS SYRACUSE, NY Page 1 of 7


c) (Before final Payment) All outstanding punch-list items have been completed.

6. CHANGE ORDERS (Refer to Section 012100) Notify HVCC immediately of any unforeseen circumstances that could influence contract schedule or cost. Coordinate all field changes with HVCC representatives and obtain approval in writing via a contract amendment before continuation of work. No changes in scope or specifications will be paid without written approval. All change orders and contract amendments must be pre-approved in writing on the authorized HVCC form. A copy of the approved change must be submitted with the invoice billing for the change.

7. CONTRACTS and REQUIREMENTS (Refer to Sections 005213, 007213, 005216)

All contracts reference Contract AIA101 with General Conditions A201. Contract requirements included in AIA 101 are part of contract AIA401, as detailed in the Bid Form and Scope of Bid. Copies of Contracts are found in the Project Manual. Confirm Scope of Works with HVCC and follow request for interpretation procedures per Instruction to Bidders Section 002113.

8. RECYCLING & DIVERSION POLICY (Refer to Section 007317 and Section 017419) All contractors are required to adhere to the HVCC Recycling & Diversion Policy.

9. ADMINISTRATIVE REQUIREMENTS ( Refer to Section 007338)

All Subcontractors are responsible for administrative items as indicated in the Project Manual. This includes, but may not be limited to, the following items:

• Equal Opportunity Policy • Monthly Utilization Report • Quarterly Reporting for NYS Certified M/WBE • Davis Bacon Wage Rates • Section 3 hiring

10. SAFETY

Participation in HVCC Safety Meetings is required. All subcontractors must follow OSHA and other safety measures as required by governing agencies and HVCC.

11. CONSTRUCTION WORK SITE

Subcontractor is responsible for keeping equipment, tools and materials in secure location on site. Stolen property will not be the responsibility of HVCC.

12. COORDINATION (Refer to Section 013113)

Coordinate all contract work with HVCC in a manner that will accommodate all other trades.

13. CONTRACTOR MEETINGS Participate in weekly HVCC contractor meetings to ensure coordination, work flow, and schedule.

14. WARRANTY

In addition to all other guarantees and warranties set forth in the Contract Documents, the Subcontractor warrants and guarantees to the Owner and Contractor that all work will be in accordance with the Contract Documents and will not be defective. If within one (1) or two (2) years



for MEPs, after the date of Substantial Completion or such longer period as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any work is found to be defective, the Subcontractor shall promptly without cost of Owner and Contractor in accordance with Owner's written instructions, either correct such defective work, or, if it has been rejected by Owner, remove it from the site and replace it with non-defective work. If Subcontractor does not promptly comply with the terms of such instructions, or in an emergency where a delay would cause serious risk of loss or damage, Owner may have the defective work corrected or the rejected work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, attorneys and other professionals) will be paid by Subcontractor. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the work, the correction period for that item may start to run from an earlier date if so provided in the specifications or by written amendment.

a) Costs of damages to the work of others, caused by the Subcontractor's workmanship, materials or other failure to comply with the plans and specifications will be the sole responsibility of the Subcontractor.

b) The Subcontractor agrees to contact the Owner within two (2) business days after receiving a work order for warranty work and schedule inspection and repair.

c) The warranty work is to be performed within two (2) weeks of the request for service and at the Subcontractor's expense.

d) The warranty work is to meet all quality criteria as described for new work. e) If satisfactory progress is not made with regards to the request for service, the work may be

completed by others at the expense of the Subcontractor. The expenses for work completed by others will come from monies owed the Subcontractor, payments for Subcontractor's work(s) in-process, or will be billed directly to the Subcontractor.

15. HVCC’S HAZARDOUS MATERIAL REMEDIATION PROJECT SAFETY ITEMS LIST

The following items are to be maintained at each project work site at all times during the hazardous materials remediation process: Current credentials for all workers on site Insurance certificate HUD Guidelines on site Respiratory Protection Plan on site Personal air samples taken Employee’s medicals and authorization to use a respirator Health and safety plan Daily Log Respirator Fit Tests Worker Sign in/out log Emergency Phone Numbers Warning Signs posted GFCI ABC type fire extinguisher First Aid Kit Labeled waste container



Visual Inspection of work area each shift Wash station Personal protective equipment Flame retardant 6mil poly Work areas pre cleaned Hepa-Vacs 3 step cleaning materials Note: This list is an HVCC internal quality control list and is not intended as a compliance checklist.

GERNERAL TERMS AND CONDITIONS

1. BEFORE COMMENCEMENT OF WORK The Subcontractor shall notify HVCC immediately of any unsafe conditions, damaged material, shortages of material and of any deficiencies with prior work by others that would cause a delay, or result in an inferior job as set forth in the Subcontractor's Scope of Work. By starting the contracted portion of the work, the Subcontractor indicates acceptance of prior work by others. The Subcontractor shall be responsible to make all his/her agents or employees familiar with the specifications for the work. The Subcontractor shall be responsible to ensure his/her agents or employees are capable of performing the work as outlined in the plans and specifications. The Subcontractor shall be responsible for adequate safety training for all of his/her employees in the handling of materials and in the actions needed for safe execution of the work and in recognition of the work completed and in process by others.

2. EXECUTION OF WORK All work completed by the Subcontractor will be performed in a quality workmanlike manner in accordance with the Scope of Work, Plans, and Specifications. Work must pass all applicable inspections including; Project Engineers, Architects, HCR/HHAP representatives, Local Codes and meet all Building Code requirements. The Subcontractor is deemed to know the requirements of the applicable Building Code(s) for the Subcontractor’s Scope of Work. The Subcontractor's bid price is deemed to include all work and material required to comply with said Building Code(s). Once the work has started, an assigned HVCC representative shall have the authority to direct all the work for HVCC from start to finish. Subcontractor will not deliver or schedule delivery of any equipment or materials to the job site



without the knowledge of HVCC. Should there be any dispute regarding workmanship, details, etc., the matter will be resolved immediately by HVCC or his/her representative whose decision shall be final. Attire deemed inappropriate will not be tolerated. The use of alcohol and/or illegal drugs is strictly prohibited on the jobsite. Smoking is not permitted inside any jobsite after windows are in place. The use of abusive language will not be tolerated on the jobsite. Radios and the like, when used, will be set at low to moderate volume levels. Radios will be turned off promptly if so requested by HVCC or his/her representative. The Subcontractor shall be responsible for compliance with Federal Occupation Safety Hazards Act (OSHA) and all other Federal, State, Municipal and/or Local occupational hazard and safety acts. The Subcontractor is responsible for job safety training and compliance of all his/her agents and/or employees. The Subcontractor will have a Fire Extinguisher and First Aid kit available for his/her employees at the jobsite. The Subcontractor is responsible for inspection of his/her work upon completion and to check for compliance with the plans and specifications prior to requesting payment. Upon the completion of the Subcontractor's work, HVCC or his/her representative may provide a punch list to the Subcontractor. The Subcontractor's work will be checked by HVCC against the job plans and specifications. The Subcontractor will complete any unfinished work and/or punch-list items, within a time agreeable to HVCC, or the work will be completed by others at the expense of the Subcontractor. The Subcontractor shall not represent himself/herself as an agent of HVCC without prior consent of HVCC. Any extra materials belonging to the Subcontractor and any equipment belonging to the Subcontractor will be removed from the site immediately upon completion of the work.

3. SILT FENCE Do not alter silt fence installations without prior approval of HVCC. DEC fines are $37,000 PER DAY. The Subcontractor/ Supplier responsible for damaging silt fence will be back charged for the fine.



4. JOB SITE / SECURITY

Subcontractors and Suppliers are responsible to keep delivery vehicles and construction operations on temporary driveways and out of muddy yards. Concrete trucks to clean out at specified locations supplied by HVCC.

Mud that makes it to the street is expected to be cleaned up by the Subcontractor/ Supplier. Costs for professional street cleaning will be borne by the Subcontractor/ Supplier who is responsible.

Mud and/or snow is not to be tracked into buildings. Mud is not to be tracked onto porches, decks or other finished areas outside the building. Close windows and doors if weather event occurs while on jobsite. Close and lock all doors windows when leaving the jobsite.

5. MATERIAL SAFETY

The Subcontractor is responsible for providing Material Data Sheets (MDS) to HVCC for all materials brought to the job-site by the Subcontractor. All employees and agents of the Subcontractor will be properly trained for the use and handling of all materials used to complete the work. The Subcontractor is responsible for any damages done by his/her agents to prior work completed or in process by others, including all public and private improvements. Theft by the Subcontractor or any agent of the Subcontractor is grounds for immediate dismissal and will be punishable to the full extent of the law. Deliveries of material(s) ordered by HVCC or the Subcontractor are to be scheduled as closely as possible to the date the material (s) are to be used. Materials are to be unpackaged at the jobsite. Subcontractor will provide to HVCC shop drawings, as-builts, warranties, care and use information, as required in the plans and specs and/or by Governing agencies.

6. SCHEDULING In general, the work will be scheduled by HVCC to get the most work accomplished in the least amount of time, taking into account the size of the Subcontractor's crew and work load, etc. Unless otherwise specified, HVCC will provide about one week notice for upcoming work committed to the Subcontractor. If the Subcontractor foresees a problem, he/she should contact HVCC immediately. Input into scheduling by the Subcontractor is welcome.

7. DELAYS In the event HVCC Superintendent recognizes the work will not be ready on the scheduled date, he/she will contact the Subcontractor with as much advance notice as possible endeavoring to provide



48 hours’ notice. If the Subcontractor cannot begin a job as scheduled, HVCC Superintendent is to be notified with as much advance notice as possible endeavoring to provide 48 hours’ notice.

8. CLEAN-UP The jobsite is to be left in a neat, orderly, and safe condition after each day's work. The jobsite is to be left "broom clean" when the Subcontractor's work is completed. The property around the jobsite is to be free of litter (caused by the Subcontractor) when the Subcontractor's work is completed. All construction related trash is to be put in an on-site dumpster or taken to other HVCC designated area. All personal trash is to be taken off premises at end of each day. All reusable materials are to be stored neatly in a HVCC designated area. Clean up by others after the Subcontractor completed his work will result in a back charge or holdback to the Subcontractor who did not clean up properly.


Project Wage Rate Sheet U.S. Department of Housing and Urban Development Office of Labor Relations

PROJECT NAME: Ethel T. Chamberlain

WAGE DECISION NUMBER/MODIFICATION NUMBER: NY160108 07/29/2016 - NY108

PROJECT NUMBER: SHARS # 20156029

PROJECT COUNTY: Onondaga County, New York

WORK CLASSIFICATION

BASIC HOURLY RATE (BHR)

FRINGE BENEFITS

TOTAL HOURLY WAGE RATE

LABORERS FRINGE BENEFITS:

$

Bricklayers

25.58

9.17

$34.75

GROUP #

BHR

TOTAL WAGE

Carpenters

20.00

2.72

$22.72

HAZ MAT

16.83

$16.83

Cement Masons

21.73

14.28

$36.01

LNDSCAPE

$

Drywall Hangers

$

UNSKLD

13.24

FB 0.62

$13.86

Electricians

20.15

12.41

$32.56

MSN TD

BRICK

18.03

$18.03

Iron Workers

27.06

23.02

$50.08

MSN TD CONCRT

19.69

$19.69

Painters

23.00

17.84

$40.84

OPERATORS FRINGE BENEFITS:

$

Plumbers

19.84

5.70

$25.54

GROUP # BHR TOTAL WAGE

Roofers

15.15

0.00

$15.15

DOZER

20.80

$20.80

Sheet Metal Workers

17.11

2.75

$19.86

EXCAV

23.35

$23.35

Soft Floor Layers

$

ROLLER CRANE

20.80

$20.80

Tapers

19.91

0.00

$19.91

BACKHOE

23.35

$23.35

Tile Setters

$

TRUCK DRIVERS FRINGE BENEFITS:

$

OTHER CLASSIFICATIONS

GROUP # BHR TOTAL WAGE

Glazier

$

SPRINKLE

18.05

FB 1.44

$19.49

Plasterer

$

Siding

$

Batt Insulation

20.00

2.72

$22.72

Elevator

Mech

42.87

FB 29.99

$72.86

ADDITIONAL CLASSIFICATIONS (HUD Form 4230-A) WORK CLASSIFICATION

BASIC HOURLY

RATE

FRINGE

BENEFITS

TOTAL HOURLY

WAGE RATE

DATE OF HUD SUBMISSION TO

DOL

DATE OF DOL

APPROVAL Spray Foam Insulator

$

Hardwood Floor Installer

$

$

$

form HUD-4720 (03/2004)

Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations

Previous editions are obsolete

Page 1 of 5

form HUD-4010 (06/2009) ref. Handbook 1344.1

Applicabil ity

The Project or Program to which the construct ion work covered by this contract pertains is being assisted by the United States of America and the fol lowing Federal Labor Standards Provisions are included in this Contract pursuant to the provisions appl icable to such Federal assistance.

A. 1. (i ) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, wi l l be paid uncondit ional ly and not less often than once a week, and without subsequent deduct ion or rebate on any account (except such payrol l deduct ions as are permit ted by regulat ions issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the fu l l amount of wages and bona f ide fr inge benefi ts (or cash equivalents thereof) due at t ime of payment computed at rates not less than those contained in the wage determinat ion of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relat ionship which may be al leged to exist between the contractor and such laborers and mechanics. Contribut ions made or costs reasonably ant ic ipated for bona f ide fr inge benef i ts under Sect ion l(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 29 CFR 5.5(a)(1)(iv); also, regular contribut ions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the part icular weekly period, are deemed to be construct ively made or incurred during such weekly period.

Such laborers and mechanics shal l be paid the appropriate wage rate and fr inge benefi ts on the wage determinat ion for the classif icat ion of work actual ly performed, without regard to ski l l , except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classif icat ion may be compensated at the rate specif ied for each classif icat ion for the t ime actual ly worked therein: Provided, That the employer’s payrol l records accurately set forth the t ime spent in each classif icat ion in which work is performed. The wage determinat ion (including any addit ional c lassif icat ion and wage rates conformed under 29 CFR 5.5(a)(1)(i i ) and the Davis-Bacon poster (WH-1321) shal l be posted at al l t imes by the contractor and i ts subcontractors at the site of the work in a prominent and accessible, place where i t can be easi ly seen by the workers.

(i i ) (a) Any class of laborers or mechanics which is not l isted in the wage determinat ion and which is to be employed under the contract shal l be classif ied in conformance with the wage determinat ion. HUD shal l approve an addit ional c lassif icat ion and wage rate and fr inge benefi ts therefor only when the fol lowing cri ter ia have been met:

(1) The work to be performed by the classif icat ion requested is not performed by a classif icat ion in the wage determinat ion; and

(2) The classif icat ion is ut i l ized in the area by the construct ion industry; and

(3) The proposed wage rate, including any bona f ide fr inge benefi ts, bears a reasonable relat ionship to the wage rates contained in the wage determinat ion.

(b) I f the contractor and the laborers and mechanics to be employed in the classif icat ion (i f known), or their representat ives, and HUD or i ts designee agree on the classif icat ion and wage rate (including the amount designated for fr inge benefi ts where appropriate), a report of the act ion taken shal l be sent by HUD or i ts designee to the Administrator of the Wage and Hour Divis ion, Employment Standards Administrat ion, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representat ive, wi l l approve, modify, or disapprove every addit ional c lassif icat ion act ion within 30 days of receipt and so advise HUD or i ts designee or wi l l not i fy HUD or i ts designee within the 30-day period that addit ional t ime is necessary. (Approved by the Off ice of Management and Budget under OMB control number 1215-0140.)

(c) In the event the contractor, the laborers or mechanics to be employed in the classif icat ion or their representat ives, and HUD or i ts designee do not agree on the proposed classif icat ion and wage rate (including the amount designated for f r inge benefi ts, where appropriate), HUD or i ts designee shal l refer the quest ions, including the views of al l interested part ies and the recommendation of HUD or i ts designee, to the Administrator for determinat ion. The Administrator, or an authorized representat ive, wi l l issue a determinat ion within 30 days of receipt and so advise HUD or i ts designee or wi l l not i fy HUD or i ts designee within the 30-day period that addit ional t ime is necessary. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0140.)

(d) The wage rate (including fr inge benefi ts where appropriate) determined pursuant to subparagraphs (1)(i i ) (b) or (c) of this paragraph, shal l be paid to al l workers performing work in the classif icat ion under th is contract from the f irst day on which work is performed in the classif icat ion.

(i i i ) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fr inge benefi t which is not expressed as an hourly rate, the contractor shal l ei ther pay the benefi t as stated in the wage determinat ion or shal l pay another bona f ide fr inge benefi t or an hourly cash equivalent thereof.

(iv) I f the contractor does not make payments to a trustee or other third person, the contractor may consider as part

Previous editions are obsolete Page 2 of 5


of the wages of any laborer or mechanic the amount of any costs reasonably ant ic ipated in providing bona f ide fr inge benefi ts under a plan or program, Provided, That the Secretary of Labor has found, upon the writ ten request of the contractor, that the appl icable 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 obl igat ions under the plan or program. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0140.)

2. Withholding. HUD or i ts designee shal l upon i ts own act ion or upon writ ten request of an authorized representat ive 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 Federal ly-assisted contract subject to Davis-Bacon prevai l ing 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 apprent ices, trainees and helpers, employed by the contractor or any subcontractor the ful l amount of wages required by the contract In the event of fai lure to pay any laborer or mechanic, including any apprent ice, trainee or helper, employed or working on the site of the work, al l or part of the wages required by the contract, HUD or i ts designee may, after wr i t ten not ice to the contractor, sponsor, appl icant, or owner, take such act ion as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds unt i l such violat ions have ceased. HUD or i ts designee may, after wri t ten not ice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respect ive employees to whom they are due. The Comptrol ler General shal l make such disbursements in the case of direct Davis-Bacon Act contracts.

3. (i) Payrolls and basic records. Payrol ls and basic records relat ing thereto shal l be maintained by the contractor during the course of the work preserved for a period of three years thereafter for al l laborers and mechanics working at the si te of the work. Such records shal l contain the name, address, and social secur i ty number of each such worker, his or her correct c lassif icat ion, hourly rates of wages paid (including rates of contribut ions or costs ant ic ipated for bona f ide fr inge benefi ts or cash equivalents thereof of the types described in Sect ion l (b)(2)(B) of the Davis-bacon Act), dai ly and weekly number of hours worked, deduct ions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably ant ic ipated in providing benefi ts under a plan or program described in Sect ion l(b)(2)(B) of the Davis-Bacon Act, the contractor shal l maintain records which show that the commitment to provide such benefi ts is enforceable, that the plan or program is f inancial ly responsible, and that the plan or program has been

communicated in writ ing to the laborers or mechanics affected, and records which show the costs ant ic ipated or the actual cost incurred in providing such benefi ts. Contractors employing apprent ices or trainees under approved programs shal l maintain wr it ten evidence of the registrat ion of apprent iceship programs and cert i f icat ion of trainee programs, the registrat ion of the apprent ices and trainees, and the rat ios and wage rates prescribed in the appl icable programs. (Approved by the Off ice of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.)

(i i ) (a) The contractor shal l submit weekly for each week in which any contract work is performed a copy of al l payrol ls to HUD or i ts designee i f the agency is a party to the contract, but i f the agency is not such a party, the contractor wi l l submit the payrol ls to the appl icant sponsor, or owner, as the case may be, for transmission to HUD or i ts designee. The payrol ls submitted shal l set out accurately and completely al l of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that ful l social securi ty numbers and home addresses shal l not be included on weekly transmittals. Instead the payrol ls shal l only need to include an individual ly ident i fying number for each employee (e.g., the last four digits of the employee’s social securi ty number). The required weekly payrol l information may be submitted in any form desired. Optional Form WH-347 is avai lable for th is purpose from the Wage and Hour Divis ion Web site at http:/ /www.dol.gov/esa/whd/forms/wh347instr.htm or i ts successor site. The prime contractor is responsible for the submission of copies of payrol ls by al l subcontractors. Contractors and subcontractors shal l maintain the ful l social securi ty number and current address of each covered worker, and shal l provide them upon request to HUD or i ts designee i f the agency is a party to the contract, but i f the agency is not such a party, the contractor wi l l submit the payrol ls to the appl icant sponsor, or owner, as the case may be, for transmission to HUD or i ts designee, the contractor, or the Wage and Hour Divis ion of the Department of Labor for purposes of an invest igat ion or audit of compliance with prevai l ing wage requirements. I t is not a violat ion of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social securi ty numbers to the prime contractor for i ts own records, without weekly submission to HUD or i ts designee. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0149.)

(b) Each payrol l submitted shal l be accompanied by a “Statement of Compliance,” s igned by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shal l cert i fy the fol lowing:

(1) That the payrol l for the payrol l period contains the information required to be provided under 29 CFR 5.5 (a)(3)(i i ), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete;

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(2) That each laborer or mechanic (including each helper, apprent ice, and trainee) employed on the contract during the payrol l period has been paid the ful l weekly wages earned, without rebate, either di rect ly or indi rect ly, and that no deduct ions have been made either di rect ly or indirect ly from the ful l wages earned, other than permissible deduct ions as set forth in 29 CFR Part 3;

(3) That each laborer or mechanic has been paid not less than the appl icable wage rates and fr inge benefi ts or cash equivalents for the classif icat ion of work performed, as specif ied in the appl icable wage determinat ion incorporated into the contract.

(c) The weekly submission of a properly executed cert i f icat ion set forth on the reverse side of Optional Form WH-347 shal l sat isfy the requirement for submission of the “Statement of Compliance” required by subparagraph A.3.(i i )(b).

(d) The fals i f icat ion of any of the above cert i f icat ions may subject the contractor or subcontractor to civi l or c riminal prosecut ion under Sect ion 1001 of Tit le 18 and Sect ion 231 of Tit le 31 of the United States Code.

(i i i ) The contractor or subcontractor shal l make the records required under subparagraph A.3.(i) avai lable for inspect ion, copying, or transcript ion by authorized representat ives of HUD or i ts designee or the Department of Labor, and shal l permit such representat ives to interview employees during working hours on the job. I f the contractor or subcontractor fai ls to submit the required records or to make them avai lable, HUD or i ts designee may, after wri t ten not ice to the contractor, sponsor, appl icant or owner, take such act ion as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, fai lure to submit the required records upon request or to make such records avai lable may be grounds for debarment act ion pursuant to 29 CFR 5.12.

4. Apprentices and Trainees.

(i ) Apprentices. Apprent ices wil l be permit ted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individual ly registered in a bona f ide apprent iceship program registered with the U.S. Department of Labor, Employment and Training Administrat ion, Off ice of Apprent iceship Training, Employer and Labor Services, or with a State Apprent iceship Agency recognized by the Off ice, or i f a person is employed in his or her f i rst 90 days of probat ionary employment as an apprent ice in such an apprent iceship program, who is not individual ly registered in the program, but who has been cert i f ied by the Off ice of Apprent iceship Training, Employer and Labor Services or a State Apprent iceship Agency (where appropriate) to be el igible for probat ionary employment as an apprent ice. The al lowable rat io of apprent ices to journeymen on the job site in any craft c lassif icat ion shal l not be greater than the rat io permit ted to the contractor as to the ent ire work force under the registered program. Any worker l isted on a payrol l at an apprent ice wage rate, who

is not registered or otherwise employed as stated above, shal l be paid not less than the appl icable wage rate on the wage determinat ion for the classif icat ion of work actual ly performed. In addit ion, any apprent ice performing work on the job site in excess of the rat io permit ted under the registered program shal l be paid not less than the appl icable wage rate on the wage determinat ion for the work actual ly performed. Where a contractor is performing construct ion on a project in a local i ty other than that in which i ts program is registered, the rat ios and wage rates (expressed in percentages of the journeyman’s hourly rate) specif ied in the contractor’s or subcontractor’s registered program shal l be observed. Every apprent ice must be paid at not less than the rate specif ied in the registered program for the apprent ice’s level of progress, expressed as a percentage of the journeymen hourly rate specif ied in the appl icable wage determinat ion. Apprent ices shal l be paid fr inge benefi ts in accordance with the provisions of the apprent iceship program. I f the apprent iceship program does not specify fr inge benefi ts, apprent ices must be paid the ful l amount of f r inge benefi ts l isted on the wage determinat ion for the appl icable classif icat ion. I f the Administrator determines that a dif ferent pract ice prevai ls for the appl icable apprent ice classif icat ion, fr inges shal l be paid in accordance with that determinat ion. In the event the Off ice of Apprent iceship Training, Employer and Labor Services, or a State Apprent iceship Agency recognized by the Off ice, withdraws approval of an apprent iceship program, the contractor wi l l no longer be permit ted to ut i l ize apprent ices at less than the appl icable predetermined rate for the work performed unt i l an acceptable program is approved.

(i i ) Trainees. Except as provided in 29 CFR 5.16, trainees wil l not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ‘ , to and individual ly registered in a program which has received prior approval, evidenced by formal cert i f icat ion by the U.S. Department of Labor, Employment and Training Administrat ion. The rat io of t rainees to journeymen on the job site shal l not be greater than permit ted under the plan approved by the Employment and Training Administrat ion. Every trainee must be paid at not less than the rate specif ied in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specif ied in the appl icable wage determinat ion. Trainees shal l be paid fr inge benefi ts in accordance with the provisions of the trainee program. I f the trainee program does not mention fr inge benefi ts, t rainees shal l be paid the ful l amount of f r inge benefi ts l isted on the wage determinat ion unless the Administrator of the Wage and Hour Divis ion determines that there is an apprent iceship program associated with the corresponding journeyman wage rate on the wage determinat ion which provides for less than ful l f r inge benefi ts for apprent ices. Any employee l isted on the payrol l at a trainee rate who is not registered and part ic ipat ing in a training plan approved by



the Employment and Training Administrat ion shal l be paid not less than the appl icable wage rate on the wage determinat ion for the work actual ly performed. In addit ion, any trainee performing work on the job site in excess of the rat io permit ted under the registered program shal l be paid not less than the appl icable wage rate on the wage determinat ion for the work actual ly performed. In the event the Employment and Training Administrat ion withdraws approval of a tra ining program, the contractor wi l l no longer be permit ted to ut i l ize trainees at less than the appl icable predetermined rate for the work performed unt i l an acceptable program is approved.

(i i i ) Equal employment opportunity. The ut i l izat ion of apprent ices, trainees and journeymen under 29 CFR Part 5 shal l be in conformity with the equal employment opportunity requirements of Execut ive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act requirements. The contractor shal l comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract

6. Subcontracts. The contractor or subcontractor wi l l insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in th is paragraph A and such other clauses as HUD or i ts designee may by appropr iate instruct ions require, and a copy of the appl icable prevai l ing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower t ier subcontracts. The prime contractor shal l be responsible for the compliance by any subcontractor or lower t ier subcontractor with al l the contract c lauses in this paragraph.

7. Contract termination; debarment. A breach of the contract c lauses in 29 CFR 5.5 may be grounds for terminat ion 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 rul ings and interpretat ions 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 aris ing out of the labor standards provisions of this contract shal l not be subject to the general disputes clause of this contract. Such disputes shal l 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 c lause include disputes between the contractor (or any of i ts subcontractors) and HUD or i ts designee, the U.S. Department of Labor, or the employees or their representat ives.

10. (i) Certification of Eligibil ity. By entering into th is contract the contractor cert i f ies that neither i t (nor he or she) nor any person or f i rm who has an interest in the contractor’s f i rm is a person or f i rm inel igible to be awarded Government contracts by virtue of Sect ion 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be

awarded HUD contracts or part ic ipate in HUD programs pursuant to 24 CFR Part 24.

(i i ) No part of this contract shal l be subcontracted to any person or f i rm inel igible for award of a Government contract by virtue of Sect ion 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or part ic ipate in HUD programs pursuant to 24 CFR Part 24.

(i i i ) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Addit ional ly, U.S. Criminal Code, Sect ion 1 01 0, Tit le 18, U.S.C., “Federal Housing Administrat ion transact ions”, provides in part : “Whoever, for the purpose of . . . inf luencing in any way the act ion of such Administrat ion.. . . . makes, utters or publ ishes any statement knowing the same to be false. . . . . shal l be f ined not more than $5,000 or imprisoned not more than two years, or both.”

11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are appl icable shal l be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has f i led any complaint or inst i tuted or caused to be inst i tuted any proceeding or has test i f ied or is about to test i fy in any proceeding under or relat ing to the labor standards appl icable under this Contract to his employer.

B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. 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 the individual is employed on such work to work in excess of 40 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 40 hours in such workweek.

(2) Violation; l iabil ity for unpaid wages; l iquidated damages. In the event of any violat ion of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shal l be l iable for the unpaid wages. In addit ion, such contractor and subcontractor shal l be l iable to the United States (in the case of work done under contract for the District of Columbia or a terri tory, to such District or to such terri tory), for l iquidated damages. Such l iquidated damages shal l be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violat ion of the clause set forth in subparagraph (1) of this paragraph, 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 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph.



(3) Withholding for unpaid wages and l iquidated damages. HUD or i ts designee shal l upon i ts own act ion or upon writ ten request of an authorized representat ive of the Department of Labor 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 contract, or any other Federal ly-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 sat isfy any l iabi l i t ies of such contractor or subcontractor for unpaid wages and l iquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.

(4) Subcontracts. The contractor or subcontractor shal l insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower t ier subcontracts. The prime contractor shal l be responsible for compliance by any subcontractor or lower t ier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.

C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000.

(1) No laborer or mechanic shal l be required to work in surroundings or under working condit ions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construct ion safety and heal th standards promulgated by the Secretary of Labor by regulat ion.

(2) The Contractor shal l comply with al l regulat ions issued by the Secretary of Labor pursuant to Tit le 29 Part 1926 and fa i lure to comply may result in imposit ion of sanct ions pursuant to the Contract Work Hours and Safety Standards Act, (Publ ic Law 91-54, 83 Stat 96). 40 USC 3701 et seq.

(3) The contractor shal l include the provisions of this paragraph in every subcontract so that such provisions wi l l be binding on each subcontractor. The contractor shal l take such act ion with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shal l di rect as a means of enforcing such provisions.