Request for Bids. Sardis Community Center

Transcription

1 Request for Bids C1 HVAC C2 - Generator Sardis Community Center Bid Documents and Specifications July 18, 2016 Prepared By: Swiss Valley Associates, Inc. P.O. Box 39 Hannibal, OH Set#

2 TABLE OF CONTENTS PART I: 1.1 Project Information 1.2 Advertisement for Bids 1.3 Scope of Work 1.4 Information to Bidders 1.5 Exhibit A PART 2: 2.1 Lump Sum Bid 2.2 Bid Guaranty 2.3 Non-Collusion Affidavit PART 3: 3.1 Notice of Award 3.2 Contract 3.3 Notice to Proceed 3.4 Compliance ORC Equal Opportunity Compliance 3.6 Performance Bond 3.7 Payment Bond 3.8 Change Order Part 4: 4.1 General Conditions, Provided to SVA by Monroe County Part 5: 5.1 Wage Rates, Provided to SVA by Monroe County Part 6: Technical Specifications 6.1 Generator Specification 6.2 Transfer Switch Specification 6.3 HVAC Units Specification (BASE BID) 6.4 Wall Thermostat 6.5 HVAC Units Alternate Specification (Alternate Bid) Part 7: Drawings E1-X3, E2-X3, M1-X3, P1-X3

3 Section 1.1 General Project Information Project: Owner: Sardis Community Center, HVAC and Generator Lee Township Trustees Monroe County Commissioners 101 N. Main Street, Room 12 Courthouse Woodsfield, OH Engineer: Swiss Valley Associates, Inc. P.O. Box 39 Hannibal, OH Phone/Fax: (740) Notice: Bidders submitting a bid using an electronic format of the bid documents shall notify Swiss Valley Associates, Inc. so that their name may be placed on the bidders list. It is the bidders responsibility to ensure that they receive any addendums to the bid package. This bid package # has been checked by on to certify that it contains all of the bid documents for the project.

4 ADVERTISEMENT OF BID Separate SEALED BIDS for the furnishing of the necessary materials and construction of: Sardis Community Center HVAC and Generator Mound Street, Sardis, Ohio will be received by the Monroe County Commissioners, 101 N. Main Street, Room 12 Courthouse, Woodsfield, OH 43793, at the above address until: 11:00 A.M., LOCAL TIME Monday, August 15, 2016 and at that time and place will be publicly opened and read aloud. The proposed construction consists of two separate bids. C1 - the addition of three air conditioner units to the auditorium and C2 the addition of a backup generator at the Sardis Community Center in Sardis, OH. The BID DOCUMENTS are on file at the Commissioner s Office, 101 N. Main Street, Room 12 Courthouse, Woodsfield, OH A paper copy of the bid documents may be requested by ing danai@svaeng.net. The fee for paper copies is $45 / set plus shipping if applicable. Deposits are nonrefundable. The bid documents may be downloaded for free from SVA s website Each bidder is responsible to ensure that downloads are complete and no pages are missing. Each bidder who does not obtain a paper copy must danai@svaeng.net and obtain confirmation that his or her company has been added to the project bidders list. This is essential in order to allow addendum to be communicated. It is each bidder s responsibility to ensure that it has received all addendum before bids are submitted. Each Bid must be accompanied by either a bid bond in an amount of 100% of the Bid amount or by certified check or cashiers check in the amount of not less than 10% of the Bid amount. The successful bidder will be required to provide a performance bond and payment bond for 100% of the contract price. Bidders must comply with federal prevailing wage rates. Attention of bidders is called to the requirements contained in the bid packet, particularly to the Federal Labor Standards Revision, Davis-Bacon Act, insurance requirements,

5 and equal opportunity provisions. No bidder may withdraw a bid within 60 days of the actual date of the opening thereof. The Owner reserves the right to waive irregularities and to reject any or all bids. Publish July 28, and August 4

6 Scope of Work Bids are being requested for two different scopes of work. Both scopes are described in this single bid package. C1 HVAC Basic Scope of Work: Contractor shall modify the existing electrical junction box at the corner for the building, add an enclosure and circuit breaker, extend a new electrical underground branch circuit to the auditorium area, install a new electrical sub-panel, install three separate air conditioner units controlled by a single hard wired thermostat. An alternate allows the contractor to list the additional cost per unit to add a level of heat pump capability to the outdoor units. The specific scope of work is fully described on the Project Drawings. C2 Generator Contractor shall modify the existing electrical system as required to install a new 38KVA natural gas generator and automatic transfer switch. Space is very limited for this installation, so work is included to move existing electrical items as necessary. This especially involves relocated the buildings main electrical meter from inside to outside and coordinating work with the owner, building tenants, and the power company. Also included is the replacement of one three phase hot water circulation pump motor with an equivalent single phase motor. It includes the replacement of one single phase pump and motor with equal. Schedule The tentative schedules for the work are listed in the scope of work. The contractor shall commence work on the day specified in the notice to proceed and shall work continuously to complete the project within sixty calendar days.

7 Information to Bidders 1. Sealed bids shall be submitted on the forms provided in Part 2 of these bid documents. Enclose bids in a sealed envelope marked: BID FOR: Sardis Community Center HVAC and Generator TIME OF COMPLETION: Work for each trade shall be completed in the time frame indicated on the project schedule. After the contract is awarded, contractor shall staff job to meet schedule and work continuously until compete. Late schedules due to delays by contractors shall be grounds for the owner to deduct $100 per day as noted in item SPECIAL NOTICE Bidders are required to inform themselves fully of the conditions relating to the construction and labor under which the work will be or is now being performed and, insofar as practicable, the Contractor must employ such methods and means in the carrying out of his work as will not cause any interruption of or interference with any other contractor or with the Owner or Building Tenants. 3. If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications or other proposed contract documents, he may submit to the Engineer a written request for an interpretation thereof not later than ten days before the bids are due. The person submitting the request shall be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued, and a copy of such addendum will be faxed or mailed to each person receiving a set of such documents. Owner will not be responsible for any other explanations or interpretations of such documents which anyone presumes to make on behalf of the Owner before expiration of the ultimate time for the receipt of bids. Failure of the bidder to receive any such addendum shall not relieve that bidder from any obligation of his bid as submitted. 4. Unsolicited alternate bids will not be considered in awarding the contract and the inclusion of such unsolicited alternates by the bidder will result in the Bid being considered informal and liable to rejection. The bidder should not add any conditions or qualifying statements to his Bid as otherwise the Bid may be declared irregular as not being responsive to the Advertisement for Bids. 5. The Owner reserves the right to reject any or all bids, to waive any technicalities or irregularities in bids, or to advertise for new bids, if in the judgment of the awarding authority the best interests of the Owner will be promoted thereby. 6. The bidder may bid on all on one or several of the prime contracts. Each prime contract will be awarded to the lowest and the best/responsible bidder (see Exhibit A). It is the intention of the Owner to award several contracts for the construction of the work described in these specifications. 7. The successful bidder will be required to provide a performance bond in an amount not less than 100% of the contract price conditioned upon the faithful performance of the Contract and completion within the number of days stipulated

8 in the Contract. A form is provided or a standard form may be substituted if it contains the same provisions as the form included in the specifications. 8. Insurance in the types and amounts as specified under Paragraphs 11, 12 and 13 of the General Conditions shall be furnished, including Workman s Compensation, Public Liability, and Property Damage Insurance and Builder s Risk (Fire and Extended Coverage) Insurance. Prior to the execution of the Contract Documents, the Owner will require the Contractor to furnish certificates of his insurance coverage. Such insurance shall contain provisions for a 15-day prior notice of cancellation and in the event that any insurance policy is to terminate, expire or be cancelled, copies of such prior notice shall be mailed to the Owner and to the Engineer. 9. The bidder shall submit an experience record with the bid. Not Required 10. The Contractor shall commence work under Contract on a date to be specified in a written order from the Owner and shall fully complete all work there under within the limit stipulated in the Contract. Liquidated damages that will be paid by the Contractor for failure to complete the Contract within the time specified will be $ per day. 11. The contractor shall prepare a schedule of values within 10 days of signing the contract. Based on this schedule, an estimate of cost of construction completed and of the cost of material delivered or stored during the previous estimate period shall be prepared by the Contractor and approved by the Engineer on or about the first of each month and forwarded to the Owner for approval and subsequent payment, all in accordance with the requirement of Paragraph 21 of General Conditions. 12. Secondhand and/or salvaged materials may not be used unless specifically provided for in the detailed specifications or called for on the drawings. 13. The Contractor must pay at least the wage rates subsequently listed in the Wage determinations. The contractor must submit properly executed copies of the Contractor s and subcontractor s payrolls to the Owner s Prevailing Wage Coordinator along with each pay request. Payroll records shall be kept current, as failure to do so will delay the Owner s approval for payment of any pending estimates. 14. The Contractor shall not assign his contract or any part thereof without the approval of the Owner, nor without the consent of the surety unless the surety has waived its right to notice of assignment. 15. The Owner may award other contracts for additional work and the Contractor shall fully cooperate with such other contractors and carefully fit their own work to that provided under other contracts as may be directed by the Owner. The Contractor shall not commit nor permit any act which will interfere with the performance of work by any other contractor or by County employees. 16. Three (3) executed counterparts of each Contract and Bond will be required. 17. The estimated quantities shown herein are approximate only and no responsibility for its accuracy is assumed by the Owner or the Engineer. The Contractor is cautioned to make his own investigations and determinations of the

9 conditions under which the work will be performed and to base his bid accordingly. 18. The Contractor shall pay for all temporary utility services required during construction including trash removal. The contractor shall remove their trash from the building at the end of each work day. Electric power and restroom facilities will be available in the adjacent building. 19. The Contractor shall submit to the Owner an affidavit listing the names of all partners in a firm, or, in the case of a corporation a list of all officers of said Corporation. Not Required 20. Construction Schedule The Contractor shall develop a schedule and submit it to the owner for approval within 10 days after signing the contract. 21. Permits and Regulations The owner shall obtain the State Building Permit. The Contractor shall procure and pay for any other permits, licenses, inspections, and approvals necessary for the execution of the contract. The Owner will obtain the required building permit for permanent structure after the contractor has passed the final inspection. The Contractor shall comply with all laws, ordinances, rules, orders, and regulations relating to the performance of the work required to complete the Contract. The Contractor s attention is directed to the Safety and Health Regulations for Construction of the Occupational Safety and Health Administration, U.S. Department of Labor and to his responsibilities thereunder. 22. In order that all bids will be on the same basis, the specifications covering certain material and equipment contain one or more names of manufacturer s whose material or equipment shall be used for the base bid. The Contractor shall submit any alternatives to the Engineer for approval before the bid opening. 23. Contractor shall furnish the Owner with the standard warrantee certificates for each piece of equipment installed. Above this, the contractor shall provide a one year warranty on all labor, materials, and work performed on the project.

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12 Lump Sum Bid TO: Monroe County Commissioners 101 N. Main Street, Room 12 Courthouse Woodsfield, OH The undersigned, having familiarized myself/ourselves with the local conditions affecting the cost of the work and with the Contract Documents, including Advertisement for Bids, Information to Bidders, General Conditions, the Bid form, the Contract form, the Bond form, Drawings and Specifications, and Addenda and Exhibits issued and attached to the specifications hereby proposes to perform everything required to be performed and to provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation service necessary to perform and complete in a workmanlike manner all of the work required for the construction of the: Sardis Community Center HVAC and Generator All in accordance with the drawings and specifications, including Addenda Nos.,,, issued thereto. Bidder hereby agrees to commence work under this contract on or before a date to be specified in the written Notice to Proceed of the Owner and to fully complete the project within 60 consecutive calendar days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $ for each consecutive calendar day thereafter as hereinafter provided in the Information to Bidders. Bidder understands that the Owner reserves the right to adjust the quantities, add or delete items to match the actual requirements of the project and to insure that there is sufficient funding for the project. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required by the Information to Bidders. The bid security attached in the sum of ($ ) is to become property of the Owner in the event the contract and bond are not executed within the time above set forth, as Liquidated damages for the delay and additional expense to the Owner caused thereby. THESE ITEMS MUST BE COMPLETED: ( ) Lump Sum Bid and applicable Bid Forms ( ) Addendum blanks filled in as applicable above ( ) Non-Collusion Affidavit ( ) Bid Guarantee attached and properly signed ( ) Bond ( ) Certified Check

13 Bidder may bid on one or both contracts. Bid Surety shall be for total combined amount of bid. The Total Bid for Contract #C1- HVAC: TOTAL $ Bid in Words Alternate #1 Additional Cost to Provide Heat Pump HVAC units instead of Air Conditioning Only Units Total Addition $ The Total Bid for Contract #C2 Generator: TOTAL $ Bid in Words Hourly Rate used in case of Change Orders $ /Hr % Material Markup in case of Change Orders % (Signature) (Name & Title) (Company) (Street Address) (State and Zip Code) (Telephone Number) (Cell Phone) ( ) (Federal EIN)

14 PENAL SUM FORM BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: Description (Project Name and Include Location): BOND Bond Number: Date (Not earlier than Bid due date): Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER Bidder s Name and Corporate Seal (Seal) SURETY Surety s Name and Corporate Seal (Seal) By: Signature By: Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Signature Attest: Signature Title Title Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2

15 PENAL SUM FORM 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder s and Surety s liability. Recovery of such penal sum under the terms of this Bond shall be Owner s sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety s written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term Bid as used herein includes a Bid, offer, or proposal as applicable. EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2

16 NONCOLLUSION AFFIDAVIT Project: I, (Affiant), (Title) of (the Bidder), after being cautioned and sworn, represent to the Monroe County Commissioners the following: 1. The bid price contained in the Bidder s Proposal for the Project has been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition as to any matter relating to such bid price with any other bidder or third party. 2. Unless otherwise required by law, neither the bid price nor the Proposal has been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to the bid opening, directly or indirectly, to any other bidder or to any third party that would have any interest in the bid price. 3. No attempt has been made or will be made by the Bidder to induce any other individual, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Signature of Affiant Print Name Date:

17 NOTICE OF AWARD To: Project Description: The OWNER has considered the BID submitted by you on (Bid Date) for the above described WORK in response to its Advertisement for BIDS and Information for BIDDERS. You are hereby notified that your BID has been accepted for items in the amount of $ You are required by the Information for BIDDERS to execute the Agreement and furnish the required CONTRACTOR S Contract BOND, if applicable, and Certificates of Insurance within 10 calendar days from the date of this notice to you. If you fail to execute said Agreement and to furnish said BOND within 10 days from the date of this notice, said OWNER will be entitled to consider all your rights arising out of the OWNER S acceptance of your BID as abandoned and as a forfeiture of your BID guaranty subject to the liability as set forth in Section of the Ohio Revised Code. The OWNER will be entitled to other such rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of,. OWNER: Typed/Printed Name Signature Typed/Printed Name Signature Typed/Printed Name Signature ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by on this day of,. By: Name: Title: Document: C1-10R1-Award Page 1 of 1

18 Contract No. _ THIS CONTRACT, made the day of, 2016, by and between hereinafter called the Contractor and the Monroe County Commissioners hereinafter called the Owner. WITNESSETH, that the Contractor and the Owner, for the consideration stated herein, agree as follows: ARTICLE I, SCOPE OF WORK Contractor shall perform everything required to be performed and shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to perform and complete in a workmanlike manner all of the work required for the construction of the: All in strict accordance with the drawings and specifications, including any and all addenda, which drawings and specifications are made a part of the Contra t, and in strict compliance with the Contractor s Bid and the other Contract Documents herein mentioned which are a part of the contract and the Contractors shall do everything required by this Contract and other Contract Documents constituting a part hereof. ARTICLE II, THE CONTRACT PRICE the Owner shall pay to the Contractor for the performance of this Contract, subject to any additions or deductions provided herein, in current funds, the Contract prices computed as follows: GRAND TOTAL $ Grand Total in Words ARTICLE III, TIME OF COMPLETION the undersigned agrees to complete the work within the time indicated below, following the Notice to Proceed. Calendar Days Document: C1-11R1-Contract Page 1 of 2

19 ARTICLE IV, COMPONENT PARTS OF THIS CONTRACT this Contract consists of the following component parts, all of which are fully a part of this Contract as in herein set out verbatim or, if not attached, as if hereto attached: 1. General Conditions 2. Advertisement for Bids 3. Information to Bidders 4. Specifications, including Addenda Nos.,, 5. Drawings 6. Bid 7. This instrument In the event that any provisions in any of the component parts of this Contract conflict with a provisions in any other of the component parts, the provisions in the components parts first enumerated above shall govern over any other component part which follows numerically, except as may be otherwise specifically stated. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in three (3) original counterparts the day and year first above written. Contractor WITNESSES: By: Title: Tax I.D. #: OWNER: Typed/Printed Name Signature Typed/Printed Name Signature Typed Printed Name Signature Document: C1-11R1-Contract Page 2 of 2

20 NOTICE TO PROCEED Date: To: Project Description: You are hereby notified to commence WORK in accordance with the Agreement dated, on or before, and you are to complete the WORK within consecutive calendar days thereafter. The date of completion of all WORK is therefore. OWNER: Typed/Printed Name Signature Typed/Printed Name Signature Typed Printed Name Signature ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by on this day of By: Name: Title: Document: C1-12R1-Proceed Page 1 of 1

21 NON-DELINQUENCY OF PROPERTY TAXES AFFIDAVIT O.R.C TO: Monroe County Commissioners The undersigned, having bid on the project known as:, hereby states that we are not charged at the time the bid was submitted with any delinquent personal property taxes on the general tax list of personal property of any county in which you as a taxing district have territory and that we were not charged with delinquent personal property taxes on any such tax list. In consideration of the award of the above contract, the above statement is incorporated into said contract as a covenant of the undersigned. Signed: Date:

22 CERTIFICATION OF BIDDER/CONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY (For Prime Contracts Exceeding $10,000) Instructions This certification is required pursuant to Executive Order (30 F.R ). The implementing rules and regulations provide that any bidder or prospective contractor, or any other of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause, and if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven (7) calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER/CONTRACTOR/SUBCONTRACTOR Name and Address of Bidder/Contractor/Subcontractor: 1. Bidder/Contractor/Subcontractor has participated in a previous contract or subcontract subject to the EEO clause. Yes No 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes No 3. Bidder/Contractor/Subcontractor has filed all compliance reports due under applicable instructions, including SF-100. Yes No 4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended? Yes No Name and Title of Authorized Representative (print or type) Signature of Authorized Representative Date

23 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Contractor's Name and Corporate Seal (Seal) Surety s Name and Corporate Seal (Seal) By: Signature By: Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Signature Attest: Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3

24 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph If there is no Owner Default, Surety s obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner s right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor s right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety s expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor s right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3

25 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor s Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY (Name, Address and Telephone) Surety Agency or Broker: Owner s Representative (Engineer or other party): EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3

26 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Contractor's Name and Corporate Seal (Seal) Surety s Name and Corporate Seal (Seal) By: Signature By: Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Signature Attest: Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3

27 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety s expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety s total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner s priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3

28 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms labor, materials or equipment that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor s subcontractors, and all other items for which a mechanic s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY (Name, Address, and Telephone) Surety Agency or Broker: Owner s Representative (Engineer or other): EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3

29 CHANGE ORDER Order No. Date Agreement Date NAME OF PROJECT: OWNER: CONTRACTOR: The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: (Attach details) Change to CONTRACT PRICE: Original CONTRACT PRICE: $ Current CONTRACT PRICE due to prior CHANGE ORDER $ The CONTRACT PRICE due to this CHANGE ORDER will be (increased) / (decreased) by : $ The new CONTRACT PRICE including this CHANGE ORDER will be $ Change to CONTRACT TIME: The CONTRACT TIME will be (increased) / (decreased) by calendar days. The date for completion of all work will be (Date). Approvals Required: To be effective this Order must be approved by the Federal agency if it changes the scope or objective of the PROJECT, or may otherwise be required by the SUPPLEMENTAL GENERAL CONDITIONS. Requested By: Recommended By: (Contractor Signature) (Date) (Engineer s Signature) (Date) Accepted By: (Grantee s Signature) (Date) Federal Agency Approval: Document: WCC1-C1-18R1-ChangeOrder Page 1 of 1

30 GENERAL CONTRACT CONDITIONS Contract and Contract Documents The project to be constructed pursuant to this contract will be financed with assistance from the Department of Housing and Urban Development (HUD) and is subject to all applicable Federal laws and regulations. All applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. All work by the Contractor shall be performed in accordance with the Contract Documents. The Contract Documents are comprised of these General Contract Conditions, the Federal Requirements, the Contract Agreement and applicable Federal forms, the Bidding Instructions and Requirements, all Plans and Specifications, all documents comprising the Bid Packet, including the Contractor s bid, and all amendments/addenda. The tables of contents, titles, headings, running headlines and marginal notes contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. Performance and Payment Bonds Simultaneously with his/her delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Monroe County Commissioners (hereinafter referred to as the Owner). The bond shall be for 100 percent of the contract price. A Payment Bond and Performance Bond are required. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. The payment and performance bond shall conform to Ohio Revised Code Section Under certain conditions, and within the limits of State and local laws and regulations, the Owner may waive the requirement that the Payment and Performance Bond be underwritten by a surety company and may authorize in lieu thereof, a personal bond backed by a letter of credit from a local, solvent lending institution in an amount of 100% of the contract price in favor of the Monroe County Commissioners. Such letters of credit shall not expire within a minimum of 180 days from the date of the contract signing. Insurance Requirements A. The Contractor shall not commence work under this Contract until he has obtained all the insurance required hereunder and such insurance has been approved by the Owner, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. Approval of the insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder. B. The Contractor shall file with the Owner all Certificate(s) of Insurance as are necessary to document the insurance coverage required hereunder, subject to the approval of the Owner and receipt of any additional forms/documentation requested, prior to final execution of

31 the Agreement Contract and issuance of the Notice to Proceed. C. All contractors and subcontractors shall acquire and maintain, during the term of the Contract, Worker's Compensation insurance in full compliance with the laws of the State of Ohio. D. The Contractor shall acquire and maintain during the term of the Contract Bodily Injury and Property Damage Liability Insurance under a standard Comprehensive General/Automobile Liability Policy which shall provide and include coverage on all Contractor's Operations, Contractor's Protective (Sublet) Liability, Contractual Liability, Completed Operations Liability, Owned Automobiles and Non-owned and Hired Automobiles. E. Property Damage Liability Insurance shall be provided on any demolition, blasting, excavating, shoring or similar operation on an "if any" basis. F. Bodily Injury Liability limits shall be for an amount of no less than One Million ($1,000,000) Dollars for injuries, including wrongful death to any one person and subject to the same limit for each person, in amount of not less than One Million ($1,000,000) Dollars on the account of any one occurrence. G. Property Damage Liability Insurance shall be in an amount of not less than One Hundred Thousand ($100,000) Dollars per occurrence. General Liability shall be extended to provide "Broad Form Property Damage Liability," and in an amount of not less the One Million ($1,000,000) Dollars aggregate for damage on account of all occurrences. H. Any combination of underlying Comprehensive General/Automobile Liability coverage with Umbrella/Excess Liability coverage which provides no less than One Million ($1,000,000) Dollars Single Limit Bodily Injury & Property Damage Liability Insurance for the Contractor will also be acceptable. I. The owner may adjust the liability limits to coincide with local government procurement policies and practice within the limits of state and local law. J. Each Contractor shall maintain insurance to protect himself and the Owner, jointly, from loss incurred by fire, lightning, extended coverage hazards, vandalism, theft, explosion and malicious mischief in the full amount of the Contract and such insurance shall cover all labor and materials connected with the work, including materials delivered to the site but not yet installed. K. When a Contractor is involved solely in the installation of materials and not in the construction of a building, an Installation Floater is required in lieu of a Builder's Risk Policy with the same general conditions applying as set forth in above item J. L. The Policies as listed above shall all contain the following special provisions: 1. The Company agrees that thirty (30) days prior to cancellation or reduction of the insurance afforded by this policy with respect to the Contract involved, written notice will be mailed to the Monroe County Commissioners.

32 2. The maintaining of such insurance as outlined herein shall in no way constitute a waiver of legal liability for damage to any adjoining buildings or their contents or the work and property of others on the site beyond the limits of insurance thus maintained. The Contractor shall hold the Owner free and harmless from any injury and damage resulting from the negligent or faulty performance of the Contract by the Contractor or by his/or her Subcontractors. 3. Each Contractor shall hold the Owner harmless from all payments for patents, either as royalty or otherwise, in the use of materials, methods, appliances, etc., that he may be in any way involved in or connected with any part of his work or the work of his Subcontractors. 4. Prior to commencement of any work under Contract, the Contractor shall furnish one (1) copy of Declaration of Insurance as evidence of coverage. Safety The Contractor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. The Contractor will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury, or loss to all employees on the work and other persons who may be affected thereby, all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. The Contractor will erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for safety protection. The Contractor will notify owners of adjacent utilities when prosecution of the work may affect them. The Contractor shall maintain at a well-known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor's care of persons (including employees) who may be injured at the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor's care. Lights, signs and barricades shall be used to maintain traffic and safety for vehicular and pedestrian traffic during the course of this contract in accordance with the specifications. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention A. Lead-Based Paint Hazards (applicable to contracts for construction or rehabilitation of residential structures): The construction or rehabilitation of residential structures is subject to the HUD Lead-Based Paint regulations, 24 CFR Part 35. The Contractor and all subcontractors shall comply with the provisions for the elimination of lead-based paint hazards under sub-part B of said regulations. The Owner will be responsible for the inspections and certifications required under Section 35.14(f) thereof. B. Use of Explosives: When the use of explosives is necessary for the prosecution of the work, the Contractor shall observe all local, state and federal laws in purchasing and handling

33 explosives. The Contractor shall take all necessary precaution to protect completed work, neighboring property, water lines, or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. The Contractor shall notify all owners of public utility property of intention to use explosives at least eight hours before blasting is done close to such property. Any supervision or direction of use of explosives by the Owner s engineer, does not in any way reduce the responsibility of the Contractor or his/her Surety for damages that may be caused by such use. C. Danger Signals and Safety Devices: The Contractor shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the Contractor fails or neglects to take such precautions, the Owner may have such lights and barricades installed and charge the cost of this work to the Contractor. Such action by the Owner does not relieve the Contractor of any liability incurred under these specifications or contract. Permits The Contractor is responsible for obtaining and paying for all other necessary permits and licenses from the proper authorities. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, he/she shall promptly notify the Owner in writing. Supervision by Contractor The Contractor will supervise and direct the work. He will be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The Contractor will employ and maintain on the work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The Supervisor shall have full authority to act on behalf of the Contractor and communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present and on the site at all times as required to perform adequate supervision and coordination of the work. The Owner and its representatives will at all times have access to the work. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. The Contractor shall submit a proposed program of operation, showing clearly how he/she proposed to conduct the work as to bring about the completion of his/her work within the time limit specified. This program shall outline the proposed sequence of operations, the rates of progress and the dates when his/her work will be sufficiently advanced to permit the installation of the work under other contracts, and the estimated progress payments due under the Contract. The work under this contract shall be so scheduled that as structures are completed, they can be placed into useful operation with a minimum of delay. The program shall be subject to the approval of the Owner.

34 All construction as proposed along all City, Township, County, State and Federal roads including storage and stockpiling of materials, is to be conducted within the limits of the public right-ofway. Bracing, sheeting and shoring shall be used to keep all construction work within the construction limits unless work agreements are secured from the adjacent property owners. It is the Contractor's responsibility to secure these work agreements, if deemed necessary. Copies of the work agreements shall be delivered to the Owner or the Owner s representative prior to any work beginning on the affected property. Inspection of Work The Owner and its representatives will be authorized to inspect all work and materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. All materials and each part or detail of the work shall be subject to inspection by the Owner and its representatives, and access shall be allowed to all parts of the work. The Contractor shall provide information and assistance as is required to make a complete and detailed inspection. If the Owner or its representatives requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid by the Owner as extra work; however, should the work so exposed or examined prove unacceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed will be at the Contractor s expense. Failure of the Owner to reject any defective work or material shall not in any way prevent later rejection when such defects be discovered, or obligate the Owner to final acceptance. Claims Against the Contractor The Contractor shall indemnify and save the Owner or the Owner's agents harmless from all claims growing out of the lawful demands of Subcontractor's laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor, his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment made under the Contract Documents by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments in good faith. Subcontracting Neither the Contractor nor the Owner shall sell, transfer, assign, or otherwise dispose of the Contract or any portion thereof, or of his right, title, or interest therein, or his obligations

35 thereunder. The Contractor shall not sublet, sell, transfer or assign any portion of the contract without written consent of the Owner or his/her designated agent. When such consent is given, the Contractor will be permitted to sublet a portion thereof, but shall perform with his/her own organization, work amounting to no less than fifty percent of the total contract cost, except that any item designated in the contract before computing the amount of work required to be performed by the Contractor with his/her own organization. No subcontract, or transfer of contract, shall in any way release the Contractor of his/her liability under the contract and bonds. The Contractor shall not award work to Subcontractor(s) without prior written approval of the Owner, after verification of the subcontractor's current eligibility status, and after submission of all certifications as required in Section 1 Bidding Instructions and Requirements. The Contractor shall be fully responsible to the Owner for the acts and omissions of the Subcontractor(s), and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. Changes to Scope of Work The Owner reserves the right to make, at any time during the progress of the work, such increases or decreases in quantities and such alterations in details of work as may be deemed necessary or desirable. Such increases or decreases and alterations shall not invalidate the contract nor release the surety, and the Contractor agrees to perform the work as altered, the same as if it had been a part of the original contract. Authorized alterations in plans or quantities of work involving work not covered by unit prices in the proposal shall be paid for as stipulated in the change order authorizing such work. No changes in work covered by the approved Contract shall be made without having prior written approval of the Owner. Work Completion Deadline--Essential The Date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on a date specified in the Notice to Proceed. The Contract Time to fully complete the project shall be consecutive calendar days following the date of commencement of work to be specified in a written "Notice to Proceed". The Contractor will proceed with the work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the Contract Time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. If a time extension to complete the contract is required, such extension may be granted by the Owner only after a Change Order has been signed and executed. However, under no circumstances will a time extension be approved past August 31, If the Contractor shall fail to complete the work within the Contract Time, or extension of time granted by the Owner, the Contractor will pay to the Owner for liquidated damages $ (One Hundred Dollars) for each calendar day that the Contractor shall be in default after the time

36 stipulated in the Contract Documents. Completion of Work Guarantees The Contractor shall guarantee all materials and equipment furnished and work performed for a period of one year from the date of Substantial Completion. The Contractor warrants and guarantees for a period of one year from the date of Substantial Completion of the improvement that it is free from all defects due to faulty materials or workmanship, and the Contractor shall promptly make corrections as may be necessary by reason of such defects. The Owner will give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to make repairs, adjustments, or other work which may be made necessary by such defects, the Owner may do so and charge the Contractor the cost thereby incurred. The Contract Bond shall remain in full force and effect through the guarantee period. When the work, including that performed by Subcontractors, is completed, the site shall be cleaned of all rubbish and debris caused by the construction. All sheds or other temporary structures, surplus materials, and equipment shall be removed and the project left in a neat and presentable condition. Breach of Contract If the Contractor refuses or fails to supply enough properly skilled workers, proper materials, or maintain the project schedule, or it fails to make prompt payment to its workers, subcontractors or suppliers, disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a breach of a provision of the Agreement, the Contractor may be deemed in default of this Agreement. If the Contractor fails within three (3) working days after written notification to commence and continue satisfactory correction of such default, with diligence and promptness, then the Owner without prejudice to any other rights or remedies, shall have the right to any or all of the following remedies: 1. supply such number of workers and quantity of materials, equipment and other facilities as the Owner deems necessary for the satisfactory correction of such default, which the Contractor has failed to complete or perform after the aforesaid notice, and charge the cost thereof to the Contractor, who shall be liable for the payment of same including reasonable overhead and profit; 2. contract with one or more additional contractors, to perform such part of the work, as the Owner shall determine will provide the most expeditious correction of the default and charge the cost thereof to the Contractor; 3. without further notice to the Contractor, withhold payment of monies due the Contractor in accordance with this Agreement; and 4. in the event of an emergency affecting the safety of persons or property (as determined in the Owner s sold discretion), the Owner may correct such default, without first giving three (3) days written notice to the Contractor, but shall give prompt written notice of such action to the Contractor, and charge the cost thereof to the Contractor. The Contractor agrees to indemnify and hold the Owner harmless from and against any and all damage, loss, cost or expense, including the actual attorneys fees incurred, arising from or relating

37 to the default of the Contractor, regardless of whether the Contractor cures the default or is ultimately determined not to have been in default of its obligations under this Agreement, in which event the termination shall be deemed to have been a termination for the Owner s convenience. Termination (Cause and/or Convenience) This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 1. not less than ten (10) calendar days written notice of intent to terminate; and, 2. an opportunity for consultation with the terminating party prior to termination. This contract may be terminated in whole or in part in writing by the Owner for its convenience, provided that the Contractor is afforded the same notice and consultation opportunity specified in 1 and 2 above. If termination for default is effected by the Owner, an equitable adjustment in the price for this contract shall be made, but 1. no amount shall be allowed for anticipated profit on unperformed services or other work; and, 2. any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the Owner because of the Contractor s default. If termination for convenience is effected by the Owner, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the Contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate. Upon receipt of a termination action under the above paragraphs in this section, the Contractor shall: 1. promptly discontinue all affected work (unless the notice directs otherwise); and, 2. deliver or otherwise make available to the Owner all data, drawings, reports, specifications, summaries and other such information, as may have been accumulated by the Contractor in performing this contract, whether completed or in process. Upon termination, the Owner may take over the work and may award another party a contract to complete the work described in this contract. If, after termination for failure of the Contractor to fulfill contractual obligations, it is determined that the Contractor had not failed to fulfill contractual obligations, the termination shall be deemed

38 to have been for the convenience of the Owner. In such event, adjustment of the contract price shall be made as provided in paragraph 3 of this section. Payment Payment to the Contractor shall be made by the Owner as follows: 1. Net 30 days upon receipt of invoice; and, 2. Payment is dependent upon timely and correct submission of all prevailing wage payroll reports and certifications. In the case of incorrect or missing reports and certifications, payment will be delayed until corrections or submissions are made. Further, if the Contractor paid any employee an amount less than the correct prevailing wages owed, payment of invoices to the Contractor will be delayed until the Contractor corrects the error and pays the employee the amount needed to correct the amount owed. 3. Final payment will not be made until the Section 3 Utilization Report is submitted to the Owner. The Owner's representative shall certify on the pay request that he/she approved the completed work prior to the Owner making payment. Upon receipt of an approved progress schedule from the Contractor, the Owner shall submit a drawdown request to the Ohio Development Services Agency for CDBG funds to pay the contractor. A turnaround time of 30 days is expected before said funds are forwarded to the Owner. It is important that the progress schedule be based on achievable goals, and that the Contractor makes every effort to meet target dates. The Owner may hold the proceeds of a CDBG drawdown for only a short period. If the funds from the drawdown are not expended during the prescribed period, those funds must be returned and a new drawdown requested. This causes delay in making payments to contractors. Access to and Retention of Records The Owner, the State of Ohio, the U.S. Dept. of Housing and Urban Development, the Comptroller General of the United States, and any of their duly authorized representatives shall have access to books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. The Contractor shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the Owner to assure proper accounting for all project funds. These records will be made available for audit purposes to the Owner or any authorized representative, and will be retained for six years after the expiration of this contract unless permission to destroy them is granted by the Owner. Patent Rights, Copyrights and Rights in Data If the Contractor employs any design, device, material or process covered by letters of patent or copyright, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the Owner, any affected third party or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process or any trademark or copyright, and shall indemnify the Owner for any costs, expenses and damages which it may be obliged to pay by

39 reason of any infringement, at any time during the prosecution of or after the completion of work. In the case of patented pavements and wearing courses, where royalties, licensing and proprietary service charges, exacted or to be exacted by the patentees, are published and certified agreements are filed with the Owner, guaranteeing to prospective bidders free unrestricted use of all such proprietary rights and trademarked goods upon payment of such published charges, such patented payments may be specifically designated in the proposal and competition secured upon the item exclusive of the patent or proprietary charges. Energy Efficiency The Contractor shall comply with any mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law ). Conflict of Interest No officer or employee of the Owner or its designees or agents, no member of the governing body, and no other public official of Monroe County who exercises any function or responsibility with respect to this contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Contractor shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest. No members of or delegate to the Congress of the United States of America, and no resident U.S. Commissioner, nor any officer or employee of the State of Ohio subject to Ohio Ethics Law (ORC. Sec (A)) will be admitted to any share or part hereof or to any benefit to arise here from this contract. The Contractor covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that, in the performance of this Contract, no person having any such interest shall be employed. Federal Labor Standards Provisions (Including Copeland Act, Davis-Bacon Act, and Contract Work Hours & Safety Standards Act) Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. 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 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,

40 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 29 CFR 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 29 CFR 5.5(a)(1)(ii) 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) Any class of laborers or mechanics 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. HUD shall approve an additional classification and wage rate and fringe benefits therefor 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 HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number ) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number ) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, 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.

41 (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. (Approved by the Office of Management and Budget under OMB Control Number ) 2. Withholding. HUD or its designee shall upon its own action or upon written request of 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, HUD or its designee 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. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work 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)(1)(iv) that the wages 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.

42 (Approved by the Office of Management and Budget under OMB Control Numbers and ) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted 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 weekly transmittals. 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 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 HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, 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 subparagraph 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 HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number ) (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 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), 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 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. (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 subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or

43 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 subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee 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, HUD or its designee 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 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. (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

44 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 there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. 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 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 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 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 will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, 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 this paragraph. 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 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 HUD or its designee, the U.S. Department of Labor, or the employees or their representatives.

45 10. (i) Certification of Eligibility. 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)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) 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)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C Additionally, U.S. Criminal Code, Section , Title 18, U.S.C., Federal Housing Administration transactions, provides in part: Whoever, for the purpose of... influencing in any way the action of such Administration... makes, utters or publishes any statement knowing the same to be false... shall be fined 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 applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable 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; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor 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 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 liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed

46 by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, 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 subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall 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 tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier 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 shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Compliance With the Clean Air Act and the Clean Water Act (Applicable to Federally-assisted construction contracts and related subcontracts exceeding $100,000.) During the performance of this contract, the Contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following: (1) A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR (2) Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution

47 Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition of the award of the contract, prompt notice will be given of any notification received form the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement by the Contractor that he/she will include, or cause to be included, the criteria and requirements in paragraph 91) through (4) of this section in every nonexempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. Equal Employment Opportunity (EEO) For the work to be completed in this contract, the Contractor may not deny the opportunity for employment on the basis of race, color, religion, national origin, sex, age, or handicapped status. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) As used in these specifications: 1. Covered area means the geographical area described in the solicitation from which this contract resulted. 2. Director means the Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority. 3. Employer Identification Number means the Federal Social Security number used on the Employer s Quarterly Federal Tax Return, U.S. Treasury Department Form Minority includes: Black all persons having origins in any of the Black African racial groups. Asian or Pacific Islander all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands. American Indian or Alaskan Native all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. If the Contractor is participating (pursuant to 41 CFR ) in a Hometown Plan approved by

48 the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or subcontractors toward a goal in an approved Plan does not excuse any covered Contractor s or subcontractor s failure to take good faith efforts to achieve the Plan goals and timetables. The Contractor shall implement the specific affirmative action standards provided in the following paragraphs marked a thru q of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer minorities or women shall excuse the Contractor s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. The Contract shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in facilities at which the Contractor s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a

49 recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor s efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor s employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under paragraph (b) above. f. Disseminate the Contractor s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations: by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. h. Disseminate the Contractor s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to

50 minority and female youth both on the site and in other areas of a Contractor s workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor s obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors adherence to and performance under the Contractor s EEO policies and affirmative action obligations. q. Covered construction contractors performing contracts in geographical areas where they do not have a federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Program or from Federal procurement contracting offices. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (paragraphs (a) through (q)). The efforts of a contractor association, contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under paragraphs (a) through (q) of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation shall not be a defense for the Contractor s noncompliance. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor

51 has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, national origin, sex, age, or handicapped status. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraphs a thru q of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Ohio Development Services Agency (ODSA) and to keep records. Records shall at least include for reach employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, the Contractor shall not be required to maintain separate records. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Special Equal Opportunity Provisions (Section 202 of Executive Order 11246) A. Activities and Contracts Not Subject to Executive Order 11246, as Amended (Applicable to Federally-assisted construction contracts and related subcontracts $10,000 and under.) During the performance of this contract, the Contractor agrees as follows:

52 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 2. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Owner setting forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 3. The Contractor shall incorporate foregoing requirements in all subcontracts. B. Activities and Contracts Subject to Executive Order 11246, as Amended (Applicable to Federally-assisted construction contracts and related subcontracts over $10,000.) During the performance of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed and employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration without regard to race, color, religion, sex or national origin. 3. The Contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Owner advising the said labor union or workers representative of the Contractor s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order of September 24, 1965 and of the rules, regulations and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order of September 24, 1965 and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records and accounts by the ODSA and the Secretary of Labor for purposes of investigation to ascertain

53 compliance with such rules, regulations and orders. 6. In the event of the Contractor s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order of September 24, 1965, and other such sanctions may be imposed and remedies invoked as provided in Executive Order of September 24, 1965, or by rule, regulation or order of the Secretary of Labor or as otherwise provided by law. 7. The Contractor will include the foregoing provisions of items 1 thru 7 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the ODSA may direct as a means of enforcing such provision, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the ODSA, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. The Age Discrimination Act of 1975 No person in the United States shall, on the basis of age, be excluded from participation or be denied the benefits of, or be subjected to discrimination under, any program or activity undertaken with federal funds. Requirement for Affirmative Action (Executive Order 11246) (Applicable to Federally-assisted contracts/subcontracts exceeding $10,000.) The Bidder s attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Opportunity Construction Contract Specifications set forth herein. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor s aggregate workforce in each trade on all construction work in the covered area, are as follows: Goals for Minority Participation 3.0% Goals for Female Participation 6.9% These goals are applicable to all the Contractor s construction work (whether or not it is Federal or federally assisted) performed in the covered areas. The Contractor s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR (a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the

54 Contractor s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part Compliance with the goals will be measured against the total work hours performed. The Contractor shall provide written notification to the Owner within 10 working days of award of any subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. In the contract resulting from this solicitation, the covered area is the County of Monroe, State of Ohio. Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Certification of Non-segregated Facilities as Required by the May 19, 1967 Order (32 F.R ) on Elimination of Segregated Facilities, by the Secretary of Labor Prior to the award of any construction contract or subcontract exceeding $10,000, the Contractor shall submit a signed Certification of Non-segregated Facilities forms for him/herself and all subcontractors. This form is found in Section 5 of the bid packet. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall, on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under Title I of the Housing and Community Development Act of Section 3 Compliance of the Housing and Urban Development Act of 1968 (Applies to work on a Section 3-covered project funded by CDBG funds in excess of $200,000 or the contract or subcontract exceeds $100,000.) In connection with the planning and carrying out of any project assisted with CDBG funds, and to the greatest extent feasible, opportunities for training and employment should be given to lower income residents of the project area and contracts for work in connection with the project should be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the area of the project. And that this contract, or any subcontracts, must adhere to and contain what is referred to as the Section 3 Clause, and which follows in its entirety: Section 3 Contract Clause A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

55 B. The parties to this contract agree to comply with HUD s regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers representative of the Contractor s commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. D. The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice of knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Contractor s obligations under 24 CFR part 135. F. Noncompliance with HUD s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of sections 3 and 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). Employees of the Contractor Not Considered Public Employees The employees of the Contractor working on the job related to this contract are not public employees for purposes of membership in the Ohio Public Employees Retirement System.

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62 Model: 38RCL Multi-Fuel LPG/Natural Gas The Kohler r Advantage D High Quality Power Kohler home generators provide advanced voltage and frequency regulation along with ultra-low levels of harmonic distortion for excellent generator power quality to protect your valuable electronics. D Extraordinary Reliability Kohler is known for extraordinary reliability and performance and backs that up with a premium 5-year or 2000 hour limited warranty. D All-Aluminum Sound Enclosure D Fast Response Kohler s Fast-Responset II excitation system delivers excellent voltage response and short-circuit capability using a permanent magnet (PM)-excited alternator. D Quiet Operation Kohler home generators provide quiet, neighborhoodfriendly performance. Standard Features D Kohler Co. provides one-source responsibility for the generating system and accessories. D The generator set and its components are prototype-tested, factory-built, and production-tested. D The generator set accepts rated load in one step. D A standard five-year limited warranty covers all systems and components. D Quick-ship (QS) models with selected features are available. See your Kohler distributor for details. D RDC2 Controller d One digital controller manages both the generator set and transfer switch functions (with optional Model RXT ATS). d Designed for today s most sophisticated electronics. d Electronic speed control responds quickly to changing demand. d Digital voltage regulation protects your valuable electronics from harmonic distortion and unstable power quality. D Engine Features d Powerful and reliable GM 4.3 L liquid-cooled engine d Electronic engine management system. d Simple field conversion between natural gas and LP vapor fuels while maintaining emission certification. D Innovative Cooling System d Electronically controlled fan speeds minimize generator set sound signature. D Approved for stationary standby applications in locations served by a reliable utility source. D Certifications d The 60 Hz generator set engine is certified by the Environmental Protection Agency (EPA) to conform to the New Source Performance Standard (NSPS) for stationary spark-ignited emissions. d UL 2200 listing is available (60 Hz only). d CSA certification is available (60 Hz only). d Accepted by the Massachusetts Board of Registration of Plumbers and Gas Fitters. Generator Set Ratings Standby Ratings Natural Gas LPG Alternator Voltage Ph Hz kw/kva Amps kw/kva Amps 120/ / / / / / / / / P5 277/ / / /380 * / / / / / /416 * / / Q5 120/ / / * 50 Hz models are factory-connected as 230/400 volts. Field-adjustable to 220/380 or 240/416 volts by an authorized service technician. RATINGS: All three-phase units are rated at 0.8 power factor. All single-phase units are rated at 1.0 power factor. Standby Ratings: Standby ratings apply to installations served by a reliable utility source. The standby rating is applicable to varying loads with an average load factor of 80% for the duration of a power outage. No overload capacity is specified for this rating. Ratings are in accordance with ISO-3046/1, BS 5514, AS 2789, and DIN GENERAL GUIDELINES FOR DERATING: Altitude: Derate 1.3% per 100 m (328 ft.) elevation above 200 m (656 ft.). Temperature: Derate 3.0% per 10_C (18_F) temperature above 25_C(77_F). Availability is subject to change without notice. The generator set manufacturer reserves the right to change the design or specifications without notice and without any obligation or liability whatsoever. Contact your local Kohler generator distributor for availability. G4-214 (38RCL) 7/14d

63 Alternator Specifications Specifications Alternator Manufacturer Kohler Type 4-Pole, Rotating Field Exciter type Brushless, Permanent Magnet Leads: quantity, type 4Q5 4, 120/240 4P5 12, Reconnectable Voltage regulator Solid State, Volts/Hz Insulation: NEMA MG1 Material Class H Temperature rise 130_C, Standby Bearing: quantity, type 1, Sealed Coupling Flexible Disc Amortisseur windings Full Voltage regulation, no-load to full-load ±1.0% RMS Unbalanced load capability 100% of Rated Standby Current One-step load acceptance 100% of Rating Peak motor starting kva: (35% dip for voltages below) 480 V, 380 V 4P5 (12 lead) 140 (60 Hz), 98 (50 Hz) 240 V 4Q5 (4 lead) 95 (60 Hz) D Fast-Responset II brushless alternator with brushless exciter for excellent load response. D Brushless, rotating-field alternator. D NEMA MG1, IEEE, and ANSI standards compliance for temperature rise and motor starting. D Sustained short-circuit current of up to 300% of the rated current for up to 10 seconds. D Sustained short-circuit current enabling downstream circuit breakers to trip without collapsing the alternator field. D Self-ventilated and dripproof construction. D Windings are vacuum-impregnated with epoxy varnish for dependability and long life. D Superior voltage waveform from a two-thirds pitch stator and skewed rotor. D Total harmonic distortion (THD) from no load to full load with a linear load is less than 4%. Engine Engine Specifications 60 Hz 50 Hz Manufacturer General Motors Engine: model, type Industrial Powertrain Vortec 4.3 L, 4-Cycle Natural Aspiration Cylinder arrangement V-6 Displacement, L (cu. in.) 4.3 (262) Bore and stroke, mm (in.) x 88.4 (4.00 x 3.48) Compression ratio 9.05:1 Piston speed, m/min. (ft./min.) 318 (1044) 265 (870) Main bearings: quantity, type 4, Babbitt Rated rpm Max. power at rated rpm, kw (HP) 56 (75) 44.8 (60) Cylinder head material Cast Iron Piston type and material High Silicon Aluminum Crankshaft material Nodular Iron Valve (exhaust) material Forged Steel Governor type Electronic Frequency regulation, no-load to full-load Isochronous Frequency regulation, steady state 1.0% Frequency Fixed Air cleaner type Dry Engine Electrical Engine Electrical System Ignition system Electronic Battery charging alternator: Ground (negative/positive) Negative Volts (DC) 12 Ampere rating 70 Starter motor rated voltage (DC) 12 Battery, recommended cold cranking amps (CCA): Qty., rating for --18_C (0 F) One, 630 Battery voltage (DC) 12 Battery group size 24 Application Data Exhaust Exhaust System 60 Hz 50 Hz Exhaust manifold type Dry Exhaust flow at rated kw, m 3 /min. (cfm) 8.8 (310) 7.4 (260) Exhaust temperature at rated kw, dry exhaust, _C (_F) 724 (1335) Maximum allowable back pressure, kpa (in. Hg) 10.2 (3.0) Exhaust outlet size at engine hookup, mm (in.) 63 (2.5) OD Fuel Fuel System Fuel type LP Gas or Natural Gas Fuel supply line inlet 1 in. NPT Natural gas fuel supply pressure, kpa (in. H 2 O) (7-11) LPG vapor withdrawal fuel supply pressure, kpa (in. H 2 O) (5-11) Fuel Composition Limits * Nat. Gas LP Gas Methane, % by volume 90 min. Ethane, % by volume 4.0 max. Propane, % by volume 1.0 max. 85 min. Propene, % by volume 0.1 max. 5.0 max. C 4 and higher, % by volume 0.3 max. 2.5 max. Sulfur, ppm mass 25 max. Lower heating value, MJ/m 3 (Btu/ft 3 ), min (890) 84.2 (2260) * Fuels with other compositions may be acceptable. If your fuel is outside the listed specifications, contact your local distributor for further analysis and advice. Lubrication Lubricating System Type Full Pressure Oil pan capacity, L (qt.) 4.3 (4.5) Oil pan capacity with filter, L (qt.) 4.7 (5.0) Oil filter: quantity, type 1, Cartridge G4-214 (38RCL) 7/14d

64 Cooling Radiator System 60 Hz 50 Hz Ambient temperature, _C (_F) 45 (113) Radiator system capacity, including engine, L (gal.) 15 (4) Engine jacket water flow, Lpm (gpm) 110 (29) 93 (24.5) Heat rejected to cooling water at rated kw, dry exhaust, kw (Btu/min.) 38 (2150) 33.5 (1910) Water pump type Centrifugal Fan diameter, mm (in.) qty. 406 (16) Fan power requirements (powered by engine battery charging alternator) 12VDC, 18 amps each Operation Requirements Air Requirements 60 Hz 50 Hz Radiator-cooled cooling air, m 3 /min. (scfm)[ 51 (1800) 51 (1800) Combustion air, m 3 /min. (cfm) 2.61 (92) 2.20 (78) Air over engine, m 3 /min. (cfm) 25 (900) 25 (900) [ Air density = 1.20 kg/m 3 (0.075 lbm/ft 3 ) Fuel Consumption] Natural Gas, m 3 /hr. (cfh) at % load 60 Hz 50 Hz 100% 15.4 (545) 13.1 (463) 75% 12.6 (444) 10.7 (377) 50% 9.9 (350) 8.4 (298) 25% 7.2 (254) 6.1 (216) Exercise 3.5 (122) 3.5 (122) LP Gas, m 3 /hr. (cfh) at % load 60 Hz 50 Hz 100% 6.3 (224) 5.4 (190) 75% 5.2 (182) 4.4 (155) 50% 4.1 (145) 3.5 (123) 25% 3.0 (106) 2.5 (90) Exercise 1.4 (48) 1.4 (48) ] Nominal Fuel Rating: Natural gas, 37 MJ/m 3 (1000 Btu/ft 3 ) LP Vapor, 93 MJ/m 3 (2500 Btu/ft 3 ) LP vapor conversion factors: 8.58 ft. 3 =1lb m 3 =1kg ft. 3 = 1 gal. Sound Enclosure Features D Sound-attenuating enclosure uses acoustic insulation that meets UL 94 HF1 flammability classification and repels moisture absorption. D Internally mounted critical silencer. D Skid-mounted, aluminum construction with two removable access panels. D Fade-, scratch-, and corrosion-resistant Kohlerr cashmere powder-baked finish. Sound Data Model 38RCL 8 point logarithmic average sound levels are 58 db(a) during weekly engine exercise and 61 db(a) during full-speed generator diagnostics and normal operation. The lowest point sound levels are 56 db(a) and 59 db(a) respectively as compared to competitor ratings.* All sound levels are measured at 7 meters with no load. * Lowest of 8 points measured around the generator. Sound levels at other points around generator may be higher depending on installation parameters. Application Data RDC2 Controller Voltage: Freq: 240 V 60.0 Hz The RDC2 controller provides integrated control for the generator set, Kohlerr Model RXT transfer switch, programmable interface module (PIM), and load control module (LCM). The RDC2 controller s 2-line LCD screen displays status messages and system settings that are clear and easy to read, even in direct sunlight or low light. RDC2 Controller Features D Membrane keypad: d OFF, AUTO, and RUN pushbuttons d Select and arrow buttons for access to system configuration and adjustment menus D LED indicators for OFF, AUTO, and RUN modes D LED indicators for utility power and generator set source availability and ATS position (Model RXT transfer switch required) D LCD screen: d Two lines x 16 characters per line d Backlit display with adjustable contrast for excellent visibility in all lighting conditions D Scrolling system status display d Generator set status d Voltage and frequency d Engine temperature d Oil pressure d Battery voltage d Engine runtime hours D Date and time displays D Smart engine cooldown senses engine temperature D Digital isochronous governor to maintain steady-state speed at all loads D Digital voltage regulation: ±1.0% RMS no-load to full-load D Automatic start with programmed cranking cycle D Programmable exerciser can be set to start automatically on any any future day and time, and to run every week or every two weeks D Exercise modes d Unloaded exercise with complete system diagnostics d Unloaded full-speed exercise d Loaded full-speed exercise (Model RXT ATS required) D Front-access mini USB connector for SiteTecht connection D Integral Ethernet connector for Kohlerr OnCuer D Built-in 2.5 amp battery charger D Remote two-wire start/stop capability for optional connection of Model RDT or RSB transfer switches See additional controller features on the next page. G4-214 (38RCL) 7/14d

65 KOHLER CO., Kohler, Wisconsin USA Phone , Fax For the nearest sales and service outlet in the US and Canada, phone KOHLERPower.com Additional RDC2 Controller Features D Diagnostic messages d Displays diagnostic messages for the engine, generator, Model RXT transfer switch, programmable interface module (PIM), and load control module (LCM) d Over 70 diagnostic messages can be displayed D Maintenance reminders D System settings d System voltage, frequency, and phase d Voltage adjustment d Measurement system, English or metric D ATS status (Model RXT ATS required) d Source availability d ATS position (normal/utility or emergency/generator) d Source voltage and frequency D ATS control (Model RXT ATS required) d Source voltage and frequency settings d Engine start time delay d Transfer time delays d Fixed pickup and dropout settings d Voltage calibration D Programmable Interface Module (PIM) status displays d Input status (active/inactive) d Output status (active/inactive) D Load control module (LCM) menus d Load status d Test function Generator Set Standard Features D Aluminum sound enclosure with enclosed silencer D Battery rack and cables D Electronic, isochronous governor D Flexible fuel line D Gas fuel system (includes fuel mixer, electronic secondary gas regulator, two gas solenoid valves, and flexible fuel line between the engine and the skid-mounted fuel system components) D Integral vibration isolation D Line circuit breaker D Oil drain extension D Operation and installation literature D RDC2 controller with built-in battery charger D Standard five-year or 2000 hour limited warranty Available Options Approvals and Listings - UL 2200 Listing (60 Hz only) - CSA Approval (60 Hz only) Communication Accessories - OnCuer Plus Generator Management System for remote monitoring (see specification sheet G6-140) - OnCuer Plus Wireless Generator Management System for remote monitoring (see specification sheet G6-137) Electrical System - Battery - Battery Heater Starting Aids - Block Heater [recommended for ambient temperatures below 0 C (32 F)] Controller Accessories - Programmable Interface Module (PIM) (provides 2 digital inputs and 6 relay outputs) - Load Control Module (LCM) (provides 4 power relays and 2 HVAC relays) Transfer Switch - Model RXT Automatic Transfer Switch (see G ) - Model RDT Automatic Transfer Switch (see G11--98) - Model RSB Automatic Transfer Switch (see G ) Miscellaneous - Rated Power Factor Testing Literature - General Maintenance Literature Kit - Overhaul Literature Kit - Production Literature Kit Other Options Dimensions and Weights Overall Size, L x W x H, mm (in.): 2280 x 836 x 1147 (89.8 x 32.9 x 45.2) Shipping Weight, wet, kg (lb.): 789 (1740) Weight includes generator set with engine fluids and 4Q10X alternator, sound enclosure, and silencer. W H NOTE: This drawing is provided for reference only and should not be used for planning installation. Contact your local distributor for more detailed information. DISTRIBUTED BY: Kohler Power Systems Asia Pacific Headquarters 7 Jurong Pier Road Singapore Phone (65) , Fax (65) L 2012, 2013, 2014 by Kohler Co. All rights reserved. G4-214 (38RCL) 7/14d

66 Model: RXT Automatic Transfer Switch Amps Covers have been removed for illustration. Available Models D 100, 200, and 400 amp standard and service entrance models are available. D 150 and 300 amp service entrance models are also available. D Combined interface/ load management board is available on single-phase standard and service entrance models. (Not available on 3-phase or load center models.) D 100 amp standard single-phase models are available with or without a 16-space load center. Up to 8 tandem breakers can be used for a total of 24 circuits. D 100amp standard single phase model with a 12-space load center and a NEMA 1 enclosure is available as a standalone non-configurable spec (GM85273-SA_). D See page 7 for more information. Model RXT Automatic Transfer Switch The Model RXT automatic transfer switch is designed for use only with Kohlerr generator sets equipped with RDC2 or DC2 generator set/transfer switch controls. The transfer switch operation is controlled by the RDC2/DC2 controller. Standard Features D Allows utility voltage display on the RDC2/DC2 generator set/transfer switch controller, available exclusively on Kohlerr residential and light commercial generator sets D UL listed d Models with load centers, UL 67 listed, file # E d Models without load centers, UL 1008 listed, file # E58962 D CSA certification, file # LR58301, is available for: d Standard ATS without load center (single and three-phase) d Service entrance ATS 100 and 200 amp models D Corrosion-resistant NEMA 3R aluminum enclosure d Padlockable d Approved for indoor or outdoor installation d ANSI 49 gray D NEMA 1 enclosure available on 100 amp load center models D Contactor electrically and mechanically interlocked D Double throw inherently interlocked design D Contactor manually operable for maintenance purposes D Silver alloy main contacts D Transfer switches are 100% equipment rated and can be applied at the rated current without derating (non-service entrance models) D Service entrance models include disconnect circuit breaker on the utility (normal) source side (80% rated) D Five-year limited warranty Standard Interface Board D Standard interface board connects to the Model RDC2 or DC2 generator set/transfer switch controller. D Includes a load control contact that provides a 5 minute time delay for startup of selected loads after transfer to the emergency source. Use for large motor loads. Combined Interface/ Load Management Board D Optional combined interface/ load management board replaces the standard interface board and connects to the Model RDC2 or DC2 generator set/transfer switch controller. D The combined board is available on single-phase standard and service entrance models. (Not available on 3-phase or load center models.) D The combined board automatically manages up to six residential loads: d Up to four customer-supplied power relay modules can be connected for management of non-essential secondary loads. d Two HVAC relays are included for control of two independent air conditioner loads. G (Model RXT Automatic Transfer Switch) 4/16d Page 1

67 Controller interface connections A and B Controller interface connections PWR and COM Load control contact rating Load control connections Specifications Standard Interface Board #20 AWG shielded twisted-pair Belden 9402 or 8762 or equivalent # AWG (see ATS Installation Manual) VAC # AWG Note: For combined interface/load management board specifications, see page 3. Environmental Specifications Operating temperature 20_Cto70_C ( 4_F to 158_F) Storage temperature 40_Cto85_C ( 40_F to 185_F) Humidity 5 to 95% noncondensing Codes and Standards The ATS meets or exceeds the requirements of the following specifications: D Underwriters Laboratories UL 67, Enclosed Panel Boards (load center models) file # E D Underwriters Laboratories UL 1008, Standard for Automatic Transfer Switches for Use in Emergency Systems, file #E58962 D Underwriters Laboratories UL 508, Standard for Industrial Control Equipment D CSA certification available, file # LR58301 (not available for 150, 300, or 400 amp service entrance or 100 amp load center models). Must be selected when the transfer switch is ordered. D NFPA 70, National Electrical Code D NFPA 110, Emergency and Standby Power Systems D NEMA Standard IC , AC Automatic Transfer Switches Cable Sizes AL/CU UL-Listed Solderless Screw-Type Terminals for External Power Connections Switch Range of Wire Sizes, Cu/Al Size, Amps Switch Phases Normal and Emergency Load Neutral Ground Standard 1 (1) # /0 AWG (1)#14 1/0AWG (3) #12 to 250 KCMIL (Cu) or (3) #10 to 250 KCMIL (Al) 12-space (9)#4 14AWG per customer-supplied (13) # AWG or load center 1 (1)#14 1/0AWG circuit breaker (1)#6 2/0AWG (NEMA 1) space load center (NEMA 3R) Service Entrance 1 (1)#14 1/0AWG 1 Normal: (1) #12 2/0 AWG Emerg: (1) #14 1/0 AWG per customer-supplied circuit breaker (1)#14 1/0AWG 3-Phase 3 (1)#14 1/0AWG (1)#14 1/0AWG Service Entrance 1 Normal: (1) #4 300 KCMIL Emerg: (1) # KCMIL (1) #6 250 KCMIL Standard 1 (1)#6AWG 250KCMIL (1) #6 250 KCMIL 3-Phase 3 (1)#6AWG 250KCMIL (1) #6 250 KCMIL Service Entrance 1 Standard 1 3-pole V 3 3 or 4 pole 480 V 3 Normal: : (1) # KCMIL or (2) #1 250 KCMIL Emerg: (2) # KCMIL (2) #6 250 KCMIL (2) #6 250 KCMIL (2) #6 250 KCMIL (1) #4 600 KCMIL (2) 1/0 250 KCMIL (1) #4 600 KCMIL (2) 1/0 250 KCMIL (27) # AWG or (3) #4 -- 1/0 AWG or (1)#6 2/0AWG (3) #12 to 250 KCMIL (Cu) or (3) #10 to 250 KCMIL (Al) (3)#4AWG 600KCMIL (6) 1/0 250 KCMIL (3) #12 to 250 KCMIL (Cu) or (3) #10 to 250 KCMIL (Al) (3) #12 to 250 KCMIL (Cu) or (3) #10 to 250 KCMIL (Al) (3)#4AWG 600KCMIL (6) 1/0 250 KCMIL (3) #4 600 KCMIL (6) 1/0 250 KCMIL (3) #4 600 KCMIL (6) 1/0 250 KCMIL (9)#4 14AWG (3)#14 1/0AWG (3)#6 3/0AWG (3)#14 1/0AWG (9)#4 14AWG (3)#6 3/0AWG (3)#6 3/0AWG (3)#6 3/0AWG Note: Data is subject to change. Refer to the transfer switch dimension drawings and wiring diagrams for planning and installation. G (Model RXT Automatic Transfer Switch) 4/16d Page 2

68 Optional Combined Interface/Load Management Board The RXT transfer switch is available with either a standard interface board or a combined interface/ load management board. The combined board allows load management as described below. Load Management D The combined load management board disconnects non-critical loads to prevent generator overload, in compliance with NEC. D The combined load management board monitors generator current and frequency to determine when to add or shed loads. This monitoring prevents frequency drops that can damage valuable electronics like computers and televisions. D Load management allows the use of a smaller generator set. Operation D Loads are automatically added or shed based on generator capacity. D The load control system uses dynamic logic to prevent shedding important loads unnecessarily when air conditioning, refrigerator, or water pump motors start (patent pending). D The load management board and generator communicate to provide smart power management. The time to shed loads decreases as each load is shed to quickly adapt to critical power requirements. D Load shed power level and frequency setpoints can be adjusted using a personal computer (laptop) and Kohlerr SiteTecht software, which is only available to Kohlerauthorized distributors and dealers. Priority Setting D Loads are added and shed according to their priority. Load 1 is the top priority, which is added first and shed last. Load 6 is the lowest priority. D Less critical loads can be turned off automatically when essential appliances are running. D Load priorities are hard-wired at installation. Viewing Load Shed Outputs with OnCuer Plus D Use Kohler s OnCuer Plus Generator Management System (sold separately) to view load status (On or Off) for loads connected to the load shed relays. D Use OnCuer Plus to remotely monitor when loads are shed or added. D The load shed outputs can be labeled in OnCuer Plus. Current Transformer D The combined load management board option includes a 400 amp current transfomer (CT) for load monitoring. D A larger diameter CT is available for applications that require larger cables. D A 500 amp CT is available for use with a 60RCL generator. D See the table below for current transformer specifications and optional kit numbers. Load Shed Specifications Connection Rating Connection Pilot Relays* 125VAC, 10 A total (general purpose) 120VAC, 125VA (pilot duty) # AWG HVAC Relays (qty. 2) 125VAC, 10 A (general purpose) 120VAC, 125VA (pilot duty) # AWG RBUS Communication and Power Connections to the RDC2/DC2 controller VDC Use Belden #9402 or equivalent 20 AWG shielded, twisted-pair communications cable [ * Four (4) pilot relays are provided for customer-supplied normally closed load-switching contactors/relays. The combination of four load relay outputs cannot exceed 10 amps total current draw. Kohlerr power relay modules are recommended. [ For long distances, use an equivalent shielded, twisted-pair cable for RBUS connections and individual AWG wires (qty. 2) for power connections. Current Transformer Specifications Ratio (Amps:VAC) Outer Diameter mm (in.) Inner Diameter mm (in.) 400: (2.5) 28.7 (1.13) GM83929 N/A Service Part Number Sales Kit Part Number CT Availability Included with combined board 400: (4.4) 57.2 (2.25) GM17250 GM17250-KP1-QS Sold Separately 500: (6.75) (4.25) GM60264 GM17250-KP2-QS Sold Separately (use with 60RCL) G (Model RXT Automatic Transfer Switch) 4/16d Page 3

69 Withstand and Close-On Ratings (WCR) Service Entrance Transfer Switch Ratings The service entrance transfer switch is factory-equipped with a normal source disconnect circuit breaker. Suitable for the control of motors, electric discharge lamps, tungsten filament lamps and electric heating equipment where the sum of motor full-load ampere ratings and the ampere ratings of other loads do not exceed the ampere rating of the switch and the tungsten load does not exceed 30 percent of switch rating. Switch Rating, Amps * WCR, RMS Symmetrical Amps at 240 VAC 100, 150, , , ,000 * Continuous load current not to exceed 80% of switch rating. Contactor Ratings with Coordinated Circuit Breakers Single-phase transfer switches are UL listed at 240 VAC maximum. Three-phase transfer switches are rated at 480 VAC maximum. The following table lists contactor withstand current ratings (WCR) for ampere non-service entrance rated switches with specific manufacturer s circuit breakers per UL and Canadian safety standards. Suitable for the control of motors, electric discharge lamps, tungsten filament lamps and electric heating equipment where the sum of motor full-load ampere ratings and the ampere ratings of other loads do not exceed the ampere rating of the switch and the tungsten load does not exceed 30 percent of switch rating. The transfer switch is rated for use on a circuit capable of delivering not more than the RMS symmetrical amperes maximum as shown in the tables below, but no greater than the interrupting capacity of the selected breaker. Switch Rating, Amps Voltage, max WCR Ratings with Specific Manufacturer s Molded-Case Circuit Breakers Number of Poles/ Phases 2 pole/ 1 phase 2 pole/ 1 phase 3 pole/ 3 phase 4 pole/ 3 phase WCR, RMS Symmetrical Amps Manufacturer Type or Class Maximum Size, Amps 10,000 Any Breaker Any Breaker (0.025 seconds max.) FB, FCL 100 Eaton QCHW ,000 FDC 150 ITE/Siemens CED6, ED4, ED6, HED4, HED6 125 Square D FI ,000 Any Breaker Any Breaker (0.025 seconds max.) 30,000 Eaton ITE/Siemens General Electric Schneider FCL 100 JGS, JGH, JGC, JGU, JGX, JBD, JD, HJD, JDC, 250 LCL, LCLA LDC, CLDC, KDB, KD, HKD, KDC, LD, CLD, 400 HLD, CHLD CED6, HED4, HED6 125 CFD6, FD6A, FXD6, HFD6, HFXD6, HHFD6, 250 HHFXD6 CJD6 400 SEL, SEP, THLC1 150 THLC2 225 SFH, SFL, SFP 250 SGH, SGL, SGP, FGN, FGH, FGL, FGP 400 HG, HJ, HL, HR 150 JJ, JL, JR 250 LG, LJ, LL, LR 400 G (Model RXT Automatic Transfer Switch) 4/16d Page 4

70 Switch Rating, Amps Voltage, max WCR Ratings with Specific Manufacturer s Molded-Case Circuit Breakers Number of Poles/ Phases 2 pole/ 1 phase 35,000 3 pole/ 3 phase 3 pole/ 3 phase 4 pole/ 3 phase WCR, RMS Symmetrical Amps Manufacturer Type or Class Maximum Size, Amps ABB T5, T6 600 CHKD, CKD, DK, HKD, KD, KDB, KDC, LA TRIPAC, LCL 400 Eaton CHLD, CLD, CLDC, HLD, LD, LDB, LDC 600 HMDL, MDL, NB TRI--PAC 800 General Electric FGH, FGL, FGN, FGP, SGHA 600 CJD6, HHJD6, HHJXD6, HJD6, HJGA, HJXD6, JD6, JXD2, JXD6, SCJD6, SHJD6, SJD6 400 Siemens CLD, HHLD, HHLXD, HLD, HLGA, HLXD, LD, LLGA, LXD, NLGA, SCLD, SHLD, SLD CMD, HLMD, HLMXD, HMD, HMG, HMXD, LMD, LMG, LMXD, MD, MXD, NMG, SCMD, SHMD, SMD Square D LA, LC, LE, LH, LI, LX, LXI 400 DG,DJ,DL,LC,LE,LI,LX,LXI 600 Merlin Gerin CJ400H, CJ400L, CJ400N 400 CJ600H, CJ600N ,000 Any Breaker Any Breaker (0.017 seconds max.) ,000 Eaton LD ,000 HJD, JDC, JGC, JGH, JGU, JGX 250 CHLD4, CLD, HLD4, CLDC, LDC, KDC, HKD, 400 CHMDL4, CMDL4 Eaton CHLD6, HDL6, CHMDL6, CMDL6, CLDC, CLD6, 600 LDC6, CLDC6 CHMDL8, HMDL8, MDL8, CMDL8 800 ITE/Siemens CFD6, HFD6, HFXD6, HHFD6, HHFXD6 250 General Electric SFL, SFP 250 FGL, FGP 600 Schneider LJ, LL, LR G (Model RXT Automatic Transfer Switch) 4/16d Page 5

71 Dimensions and Weights Note: Always use the transfer switch dimension drawing for planning and installation. Weights and dimensions may vary for different configurations. See the Operation/Installation Manual or your local distributor for dimension drawings. Transfer switch weights and dimensions shown in the table do not include packaging. To estimate the shipping weight, add 3 kg (5 lbs.) or 10% (whichever is larger) to the weight shown. H W D* Shipping Weight ] Dimension Amps Description Dimensions, H x W x D, mm (in.) [ kg (lb.) Drawing Single phase 623 x 335 x 180 (24.5 x 13.2 x 7.1) 7 (15) ADV-8688 With 12- or 16-space load center (NEMA 1) 610 x 330 x 154 (24.0 x 13.0 x 6.0) 12 (26) ADV With 16-space load center 614 x 335 x 180 (24.2 x 13.2 x 7.1) 8 (18) ADV-8690 Three phase 682 x 462 x 228 (26.8 x 18.2 x 9.0) 14 (30) ADV-8689 Service entrance (ASE) 731 x 416 x 175 (28.8 x 16.4 x 6.9) 12 (26) ADV-8687 Service entrance (CSE) 735 x 416 x 175 (28.9 x 16.4 x 6.9) 16 (34) ADV Service entrance (ASE) 734 x 416 x 175 (28.9 x 16.4 x 6.9) 12 (26) ADV-8687 Service entrance (ASE) 734 x 416 x 175 (28.9 x 16.4 x 6.9) 12 (26) ADV Service entrance (CSE) 735 x 416 x 175 (28.9 x 16.4 x 6.9) 14 (30) ADV-8666 Single phase 623 x 335 x 180 (24.5 x 13.2 x 7.1) 7 (15) ADV-8688 Three phase 682 x 462 x 228 (26.8 x 18.2 x 9.0) 14 (30) ADV Service entrance 1075 x 559 x 329 (42.3 x 22.0 x 12.9) 46 (101) ADV-8694 Single phase 1067 x 559 x 329 (42.0 x 22.0 x 12.9) 55 (120) ADV Pole/ volts 1067 x 559 x 329 (42.0 x 22.0 x 12.9) 41 (90) ADV Pole/480 volts 1222 x 610 x 343 (48.1 x 24.0 x 13.5) 59 (130) ADV Pole 1222 x 610 x 343 (48.1 x 24.0 x 13.5) 59 (130) ADV-8693 Service entrance 1075 x 559 x 329 (42.3 x 22.0 x 12.9) 46 (101) ADV-8694 [ Depth does not include the padlock hasp on the front of the enclosure. ] Transfer switch weights are approximate and do not include packaging. Note: Enclosures are type NEMA 3R except as noted. G (Model RXT Automatic Transfer Switch) 4/16d Page 6

72 - Power relay modules D 50 amp DPST power relay mounted in a NEMA type 3R enclosure D Use up to four modules with the combined interface/ load management board D UL/cUL listed D Dimensions: 172 x 233 x 92 mm (6.8 x 9.2 x 3.6 in.) D For more information, see specification sheet G Status indicator kit for standard interface board D LEDs indicate normal and emergency source availability and contactor position D Mounts on the outside of the RXT enclosure D View transfer switch status without removing enclosure cover D An overhang on the enclosure protects the indicator panel and ribbon cable opening D Dimensions: 92 mm x 42 mm (3.62 in. x 1.65 in.) D Connects to the standard interface board only D For more information on the status indicator kit, see specification sheet G Accessories - Status indicator kit for combined interface/ load management board D LEDs indicate normal and emergency source availability and contactor position D Dual color LEDs for each load indicate load status (powered or shed) and flash during a test D Load shed test button allows the operator to cycle the load shed relays in order of priority (when generator is in RUN mode) D Mounts on the outside of the RXT enclosure D View transfer switch and load status without removing enclosure cover D An overhang on the enclosure protects the indicator panel and ribbon cable opening D Dimensions: 183 mm x 42 mm (7.20 in. x 1.65 in.) D Connects to the combined interface/ load management board only D For more information on the status indicator kit, see specification sheet G Available Models All Model RXT transfer switches are standard-transition 60 Hz automatic transfer switches. Letters in parentheses refer to the model designation code described on the last page. Amps Description Voltages WCR w (Connections) 208 (C) 240 (F) 480 (M) Poles Phases RMS Symmetrical Amps Standard (A) D 2(N) 1 10,000 Standard, with 16-space load center (B) W D 2(N) 1 10, Standard, with 12-space load center ** D 2(N) 1 10,000 Service entrance (ASE, CSE) D 2(N) 1 22,000 Standard, 3-phase (A) D D D 3(T)or4(V) 3 30, Service entrance (ASE) D 2(N) 1 22,000 Standard (A) D 2(N) 1 10, Service entrance (ASE, CSE) D 2(N) 1 22,000 Standard, 3-phase (A) D D D 3(T)or4(V) 3 30, Service entrance (ASE) D 2(N) 1 35,000 Standard (A) D 2(N) 1 50, Service entrance (ASE) D 2(N) 1 35,000 Standard, 3-phase (A) D D D 3(T)or4(V) 3 50,000 w Withstand and close-on rating. See pages 3-5 for WCR information and specific breaker ratings. W With 16-space load center and NEMA 1 or NEMA 3R enclosure. Up to 8 tandem breakers can be used, for a maximum of 24 circuits. ** GM SA_ with 12-space load center and NEMA 1 enclosure. Note: Combined interface board is available on single-phase standard or service entrance models. (Notavailable on 3-phase orload centermodels.) G (Model RXT Automatic Transfer Switch) 4/16d Page 7

73 KOHLER CO., Kohler, Wisconsin USA Phone , Fax For the nearest sales and service outlet in the US and Canada, phone KOHLERPower.com Kohler Power Systems Asia Pacific Headquarters 7 Jurong Pier Road Singapore Phone (65) , Fax (65) Model Designation Model Controls Voltage Poles Enclosure Current Rating Connections Record the transfer switch model designation in the boxes. The transfer switch model designation defines ratings and characteristics as explained below. Sample Model Designation: RXT-JFNC-0200A Model RXT: Kohler Automatic Transfer Switch Controls J: Interface for RDC2/DC2 Controller (standard or combined interface/ load management) Voltage/Frequency C: 208 Volts/60 Hz (3-phase only) F: 240 Volts/60 Hz M: 480 Volts/60 Hz (3-phase only) Number of Poles/Wires N: 2-pole, 3-wire, solid neutral (120/240 V only) T: 3-pole, 4-wire, solid neutral V: 4-pole, 4-wire, switched neutral Enclosure A: NEMA 1 * C: NEMA 3R * NEMA 1 enclosure is available on 100 amp load center models only. Current Rating 0100: 100 amps 0150: 150 amps 0200: 200 amps 0300: 300 amps 0400: 400 amps Connections A: No load center B: With load center (100 amp single-phase only) ASE: Service entrance rated CSE: Service entrance rated with CSA certification (100/200 amps only) DISTRIBUTED BY: Availability is subject to change without notice. Kohler Co. reserves the right to change the design or specifications without notice and without any obligation or liability whatsoever. Contact your local Kohlerr generator distributor for availability. 2014, 2015 and 2016 by Kohler Co. All rights reserved. G (Model RXT Automatic Transfer Switch) 4/16d Page 8

74 P-SERIES Job Name: PKA-A36KA6 & PUY-A36NHA6 (-BS) 36,000 BTU/H WALL-MOUNTED AIR-CONDITIONING SYSTEM System Reference: Date: Indoor Unit Blower Motor (ECM) F.L.A Blower Motor Output W 56 UNIT OPTION: Indoor Unit: PKA-A36KA6 Outdoor Unit: PUY-A36NHA6 (-BS) Standard Model...PUY-A36NHA6 Seacoast (BS) Model...PUY-A36NHA6-BS ACCESSORIES: Indoor Unit Condensate Pump (BlueDiamond X87-711/721; 115/230V) Condensate Pump (Sauermann SI30-115/230; 115/230V) Disconnect Switch (TAZ-MS303) Wireless Remote Controller (PAR-FL32MA-E) Wireless Signal Receiver (PAR-FA32MA-E) Outdoor Unit Wind Baffle (WB-PA2)* *Allows operation to 0º F (-18º C). Advanced Wind Baffle (WB-SD2 and/or WB-RE2)** **Allows operation to -20º F (-29º C). Air Outlet Guide (PAC-SG59SG-E) Wall Bracket (QSWB2000M-1) Controls Wireless Controller (MHK1) Advanced Wired Controller (PAR-31MAA) Simple Wired Controller (PAC-YT53CRAU) M-NET Adapter (PAC-SF83MA-E) Temperature Sensor (PAC-SE41TS) SPECIFICATIONS: Rated Conditions (Capacity / Input)* Cooling Btu/h / W 34,200 / 5,030 * Rating Conditions per AHRI Standard: Cooling Indoor: 80º F (27º C) DB / 67º F (19º C) WB Cooling Outdoor: 95º F (35º C) DB / 75º F (24º C) WB Capacity Range Cooling Btu/h 12,000-34,200 Operating Range Cooling -20º F to 115º F (-29º C to 46º C) DB** **Applies only to systems utilizing Advanced Wind Baffle Kit. Equipment operation range without any additional accessories: 23º F to 115º F (-5º C to 46º C) DB. Equipment operation range with Standard Wind Baffle: 0º F to 115º F (-18º C to 46º C) DB. For operation below -20º F (-29º C) DB, please contact your Mitsubishi Electric representative. AHRI Efficiency Ratings EER 6.8 SEER 14 SHF / Moisture Removal Outdoor Unit Compressor Fan Motor (ECM) F.L.A MOCP A 40 Airflow Rate (Low-Mid-High) Indoor (Cooling) DRY 0.70 / 9.2 pt./h WET CFM Outdoor DRY 1,940 Sound Pressure Level Indoor (Low-Mid-High) db(a) Outdoor Cooling 48 External Dimensions Indoor (H x W x D) Outdoor (H x W x D) Net Weight Indoor In.(mm) Lbs.(kg) DC INVERTER-driven Twin Rotary /8 x 46-1/16 x 11-5/8 (365 x 1,170 x 295) 37-1/8 x 37-3/8 x /16 (943 x 950 x ) 46 (21) Outdoor 163 (74) External Finish Indoor Munsell No. 1.0Y 9.2 / 0.2 Outdoor Munsell No. 3Y 7.8 / 1.1 Refrigerant Refrigerant Piping (Flared) Liquid (High Pressure) R410A ; 6lbs., 10oz. In.(mm) 3/8 (9.52) Gas (Low Pressure) 5/8 (15.88) Maximim Total Refrigerant Pipe Length Maximum Vertical Separation Ft. (m) 225 (68) Ft. (m) 100 (30) Electrical Power Requirements 208 / 230V, 1-Phase, 60 Hz Minimum Circuit Ampacity (MCA) Indoor / Outdoor A 1 / 25 Specifications are subject to change without notice Mitsubishi Electric US, Inc.

75 nce Area DIMENSIONS: PKA-A36KA6 & PUY-A36NHA6 (-BS) PKA-A36KA6 PUY-A36NHA6 (-BS) Unit: mm (inch) NOTES: SEACOAST PROTECTION External Outer Panel: Phosphate coating + Acrylic-Enamel coating Fan Motor Support: Epoxy resin coating (at edge face) Separator Assembly ; Valve Bed: Epoxy resin coating (at edge face) Screws (used outer side): Zinc nickel coating 5μm + Polyvinylidene chloride coating Blue Fin treatment is an anti-corrosion treatment that is applied to the condenser coil to protect it against airborne contaminants Satellite Boulevard. Suwanee, GA Toll Free: FORM# PKA-A36KA6 - PUY-A36NHA6 (-BS) Specifications are subject to change without notice Mitsubishi Electric US, Inc.

76 Model: PAR-31MAA M- and P-SERIES Job Name: Location: Date: Purchaser: Engineer: Submitted to: For Reference Approval Construction System Designation: Schedule No.: nctions Fri Room Cool Set temp. Auto Mode Temp. Fan BACKLIT MA REMOTE CONTROLLER (PAR-31MAA) SPECIFICATIONS Controls group operation for up to 16 indoor units in a single group Features selectable multi-lingual LCD (English, Spanish, and French) Supports both Fahrenheit and Celsius User functions allow user to set - On/Off - Operation modes cool, heat, dry, fan - Set temperature - Fan speed setting - Airflow direction Timer Operation: - Weekly Timer: On/Off/Temperature setting up to 8 times per day of the week in 1-minute increments - Simple Timer: On and Off time can be set once within 72-hour period in 1-hour increments - Auto-off Timer: Turns indoor unit Off based on countdown time up to 4-hours in 30-minute increments Room Temperature: Displays room temperature sensed either at the indoor unit (default) or at the remote controller Set Temperature Range Limit: From the Backlit MA Controller, the allowable set temperature range can be reduced for cool and heat modes Special Function Rotation/Backup (Lead/Lag for P-Series) Static pressure setting (model dependent) Fan speed setting for use with supplemental heating function (model dependent) Set P-Series twinning function Function Lock Out: Prohibits all functions or all functions except On/Off from the backlit MA controller Addressing: No addressing required Wiring: connects using two-wire, stranded, non-polar control wire to indoor unit connection terminal or control adapter (MAC-333IF for M-Series) requires crossover wiring for indoor unit grouping Dimensions: 4-3/4 x 3/4 x 4-3/4" (120 x 19 x 120 mm) Notes: Notes: Specifications are subject to change without notice Mitsubishi Electric US, Inc.

77 Model: PAR-31MAA - DIMENSIONS Unit:mm[in.] (Front view) 120 [4-3/4] (Side view) 19 [ 3/4] (Rear view) 46 [1-13/16] 120 [4-3/4 ] 83.5 [3-9/32 ] FORM# PAR-31MAA Specifications are subject to change without notice Mitsubishi Electric US, Inc Satellite Boulevard Suwanee, GA Tele: Fax: Toll Free:

78 P-SERIES Job Name: PKA-A36KA6 & PUZ-A36NHA6 (-BS) 36,000 BTU/H WALL-MOUNTED HEAT-PUMP SYSTEM System Reference: Date: Electrical Power Requirements 208 / 230V, 1-Phase, 60 Hz UNIT OPTION: Indoor Unit: PKA-A36KA6 Outdoor Unit: PUZ-A36NHA6 (-BS) Standard Model...PUZ-A36NHA6 Seacoast (BS) Model...PUZ-A36NHA6-BS ACCESSORIES: Indoor Unit Condensate Pump (BlueDiamond X87-711/721; 115/230V) Condensate Pump (Sauermann SI30-115/230; 115/230V) Disconnect Switch (TAZ-MS303) Wireless Remote Controller (PAR-FL32MA-E) Wireless Signal Receiver (PAR-FA32MA-E) Outdoor Unit Wind Baffle (WB-PA2)* *Allows operation to 0º F (-18º C). Air Outlet Guide (PAC-SG59SG-E) Mounting Base (QSMS1201) Wall Bracket (QSWB2000M-1) Controls Wireless Controller (MHK1) Advanced Wired Controller (PAR-31MAA) Simple Wired Controller (PAC-YT53CRAU) M-NET Adapter (PAC-SF83MA-E) Temperature Sensor (PAC-SE41TS) SPECIFICATIONS: Rated Conditions (Capacity / Input)* Cooling Btu/h / W 34,200 / 5,030 Heating at 47 o F Btu/h / W 37,000 / 3,610 Heating at 17 o F Btu/h / W 25,000 / 3,030 * Rating Conditions per AHRI Standard: Cooling Indoor: 80º F (27º C)DB / 67º F (19º C)WB; Outdoor: 95º F (35º C)DB / 75º F (24º C)WB Heating at 47ºF Indoor: 70º F (21º C)DB / 60º F (16º C)WB; Outdoor: 47º F (8º C)DB / 43º F (6º C)WB Heating at 17º F Indoor: 70º F (21º C)DB / 60º F (16º C)WB; Outdoor: 17º F (-8º C)DB / 15º F (-9º C)WB Capacity Range Cooling Btu/h 12,000-34,200 Heating at 47 o F Btu/h 12,000-38,000 Operating Range Cooling Heating 0º F** to 115º F (-18º C to 46º C) DB 12º F to 70º F (-11º C to 21º C) DB ** The minimum temperature will be 23º F (-5º C) DB if optional wind baffle accessory is not installed. Minimum Circuit Ampacity (MCA) Indoor / Outdoor A 1 / 25 Indoor Unit Blower Motor (ECM) F.L.A Blower Motor Output W 56 SHF / Moisture Removal Outdoor Unit Compressor Fan Motor (ECM) F.L.A MOCP A 40 Airflow Rate (Low-Mid-High) Indoor (Cooling) DRY 0.70 / 9.2 pt./h WET CFM Outdoor DRY 1,940 Sound Pressure Level Indoor (Low-Mid-High) Outdoor External Dimensions Indoor (H x W x D) Outdoor (H x W x D) Net Weight Indoor Cooling db(a) 48 Heating 50 In.(mm) Lbs.(kg) DC INVERTER-driven Twin Rotary /8 x 46-1/16 x 11-5/8 (365 x 1,170 x 295) 37-1/8 x 37-3/8 x /16 (943 x 950 x ) 46 (21) Outdoor 165 (75) External Finish Indoor Munsell No. 1.0Y 9.2 / 0.2 Outdoor Munsell No. 3Y 7.8 / 1.1 Refrigerant Refrigerant Piping (Flared) Liquid (High Pressure) R410A ; 6lbs., 10oz. In.(mm) 3/8 (9.52) Gas (Low Pressure) 5/8 (15.88) AHRI Efficiency Ratings EER 6.8 SEER 14.0 HSPF 9.3 COP at 47 o F 3.00 COP at 17 o F 2.42 Maximim Total Refrigerant Pipe Length Maximum Vertical Separation Ft. (m) 165 (50) Ft. (m) 100 (30) Specifications are subject to change without notice Mitsubishi Electric US, Inc.

79 nce Area DIMENSIONS: PKA-A36KA6 & PUZ-A36NHA6 (-BS) PKA-A36KA6 PUZ-A36NHA6 (-BS) Unit: mm (inch) NOTES: SEACOAST PROTECTION External Outer Panel: Phosphate coating + Acrylic-Enamel coating Fan Motor Support: Epoxy resin coating (at edge face) Separator Assembly ; Valve Bed: Epoxy resin coating (at edge face) Screws (used outer side): Zinc nickel coating 5μm + Polyvinylidene chloride coating Blue Fin treatment is an anti-corrosion treatment that is applied to the condenser coil to protect it against airborne contaminants Satellite Boulevard. Suwanee, GA Toll Free: FORM# PKA-A36KA6 - PUZ-A36NHA6 (-BS) Specifications are subject to change without notice Mitsubishi Electric US, Inc.

80 A E2 FOOD STORAGE KITCHEN USE GROUP - OCCUPANTS = 3 COAL ROOM OFFICE USE GROUP B OCCUPANTS = 9 OFFICE USE GROUP B OCCUPANTS = 9 RESTROOMS RESTROOMS OFFICE USE GROUP B OCCUPANTS = 3 DINING ROOM USE GROUP A-3 OCCUPANTS = 102 BOILER ROOM A E2 SALES ROOM USE GROUP M OCCUPANTS = 5 CORRIDOR RESTROOMS CORRIDOR EXIT EXIT CHAIR/TABLE STORAGE SALES ROOM USE GROUP M OCCUPANTS = 6 STAGE USE GROUP B OCCUPANTS = 45 COMMUNITY HALL USE GROUP A-3 OCCUPANTS = 177 F3 F1 F2 C1 C2 C3 FIRST FLOOR PLAN SCALE: 1/8" = 1' SWISS VALLEY ASSOCIATES, INC P.O. BOX 39 HANNIBAL, OH SARDIS COMMUNITY CENTER ELECTRICAL PLAN E1 X3

81 ONE LINE DIAGRAM GENERATOR RISER DIAGRAM SCALE: NOT TO SCALE A-A E1 SWISS VALLEY ASSOCIATES, INC P.O. BOX 39 HANNIBAL, OH SARDIS COMMUNITY CENTER ELECTRICAL DETAILS E2 X3

82 CHAIR/TABLE STORAGE F3 COMMUNITY HALL USE GROUP A-3 OCCUPANTS = 177 STAGE USE GROUP B OCCUPANTS = 45 A 1 F1 F2 C1 C2 C3 HVAC PLAN SCALE: 1/4" = 1' A 1 WALL SECTION SCALE: 1/2" = 1' A-A M1 SWISS VALLEY ASSOCIATES, INC P.O. BOX 39 HANNIBAL, OH SARDIS COMMUNITY CENTER HVAC PLAN M1 X3