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HomeMy WebLinkAboutBulkhead Reconstruction & Resto~.*~-'a2,~,~,',. COMPLETE THIS SECTION · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Ar~iele Addressed to: Ron Barnish, President South Shore Docks Inc PO Box 37 East Quogue, NY 11942 COMPLETE THIS SECTION ON DELIVERY A. Signa..~ ~, ... J [] Agent X~ [] Addressee B. R~ceived by ( P~t~ted Name~) z ] C. Date~ of D~elivery D. is delivery address different from item 17 /[] ?es If YES, enter delivery address below: [] NO 3. Service Type ~ Certified Mail r'~ Express Mail ~1 Registered [~] Return Receipt for Merchandise [] insured Mall [] C.O,D. :~. Article Number (Transfer from service label) 7003 3110 0001 8547 9069 PS Form 30'~ '~, August 2001 Domestic Return Receipt 102595-02-M-1540 (Endorseme l Retluiled) I. 75 r-q (Endorseme t Requi~ed) rlq ~ $.,r~o ~,on Br~nish Invitation to Bid ~ BULKHEAD- RECONSTRUCTION & RESTORATION Date: WEST ROAD WICKHAM CREEK PECONIC, NEW YORK 11958 January 10, 2003 SOUTHOLD TOWN ENGINEERING DEPARTMENT SOUTHOI_,D TOWN HALL, 53095 MAIN ROAD, SOUT}IOLD PROJECT DESCRIPTION WEST ROAD BULKHEAD RESTORATION AND RECONSTRUCTION WEST ROAD, PECONIC, NEW YORK 11958 THIS PROJECT INCLUDES THE EXCAVATION AND ROMOVAL OF THE EXISTING TIMBER BULKHEAD AND DEAD MAN SYSTEM. SUBSTITUTIONS FOR MATERIALS SPECIFIED SHALL BE SUBJECT TO THE APPROVAL OF THE HIGHWAY SUPERINTENDENT. GENERAL DESCRIPTION: INSTALLATION OF APPROXIMATELY FIFTY FIVE (55') FEET OF NEW TIMBER BULKHEAD. NEW CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE TYPICAL BULKHEAD SECTION. (SEE TYPICAL SECTION SHEET # A-l). EXCAVATE TO A DEPTH OF 2'-0" BELOW EXISTING MUD LINE BEHIND ALL NEW SHEATHING FOR INSTALLATION OF FILTER CLOTH. ALL EXCAVATED MATERIAL SHALL BE PLACED ON SITE WITH SILT FENCE AND HAY BAILS AT THE PERIMETER TO PREVENT RUNOFF FROM ENTERING TIDAL AREAS. BULKHEAD AREAS REQUIRING WORK SHALL HAVE ONE LAYER OF FILTER FABRIC INSTALLED BEHIND ALL NEW SHEATHING. INSTALLATION SHALL BE CONTINUOUS WITH A MINIMUM OVERLAP OF 2'-0". THE EXISTING MARINAADJACENT TO THE PROJECT SHALL REMAIN OPEN DURING THE COURSE OF CONSTRUCTION. THE CONTRACTOR SHALL PROVIDE ALL NECESSARY SAFEGUARDS TO ENSURE SAFE ACCESS. THE TOWN OF SOUTHOLD SHALL NOT BE RESPONSIBLE FOR MATERIALS AND EQUIPMENT LEFT ON SITE. PROPER FENCING AND BARRICADES SHALL BE INSTALLED TO SEPARATE THE WORK SITE FROM THE GENERAL PUBLIC. REQUESTS FOR FURTHER INFORMATION AND ALL INQUIRIES SHOULD BE ADDRESSED TO THE ENGINEERS OFFICE, SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971. ATTENTION - JAMES A. RICHTER - (631) 765 1560 The foregoing Project Description is provided for general information only. It is not part on the Contract Documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings. INDEX TO SPECIFICATIONS Project Description Index to Specifications BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Statement of Non-Collusion Proposal Form N.Y.S. Affirmative Action Certification AIA Bid Bond GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions General Release Prevailing Wage Rates Payroll Certification forms Compliance with the Labor Law & Other Dept. of Labor Regulations Non-Discrimination Clause CONSTRUCTION SPECIFICATIONS General Conditions & General Specifications Site Plan Sections & Details A - 1 through A - 1 B - 1 through B - 2 C - 1 through C - 1 D - 1 through D - 2 E - 1 through E - 1 AIA Document # A310 AIA Document # A201 F - 1 through F - 2 G - 1 through G - 2 H - 1 through H ~ ???? ! - 1 through ! - 2 J - 1 through J -8 K - 1 through K - 2 Page 1 through Page 3 Drawing #: SP - 1 Drawing #: A - 1 INVITATION TO BID PROJECT: BULKHEAD RECONSTRCTION & RESTORATION WEST ROAD, PECONIC, NEW YORK '11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified in the bid documents for the restoration and reconstruction of an existing timber bulkhead located at West Road, Peconic and all in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 20th February 20 03. Day Month & Date Year All specifications are provided herein: drawings to be attached. A fee of Ten dollars ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the dght to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of One Hundred ($100.00) dollars will be required of each bidder. Please advise if you intend to bid or not. Dated: Janua~ 21.2003 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk BULKHEAD RECONSTRUCTION & RESTORATION A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of One Hundred ($100.00) dollars made payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgment, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters, which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested padies are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub- contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor". The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract. BULKHEAD RECONSTRUCTION & RESTORATION B-1 F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineations, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount ef the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than one hundred (120) working days. BULKHEAD RECONSTRUCTION & RESTORATION B-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be perl=ormed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each pemon signing on behalf of any bidder certifies, and in the case of a joint bid, each partythereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been antved at Independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained In this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that of the (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: bo WEST ROAD BULKHEAD RECONSTRUCTION & RESTORATION West Road, Peconic, New York 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ,20 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. Signature BULKHEAD RECONSTRUCTION & RESTORATION C-1 PROPOSALFORM Date: NAME of BIDDER: Telephone: To: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: January 10, 2003, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: WEST ROAD BULKHEAD RESTORATION & RECONSTRUCTION West Road, Peconic, New York 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: BULKHEAD RECONSTRUCTION & RESTORATION D-1 FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE RECONSTRUCTION A REPLACEMENT OF A NEW TREATED TIMBER BULKHEAD IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in wo~ds) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be for[eited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Telephone Number: Date: Bidders Address: BULKHEAD RECONSTRUCTION & RESTORATION D-2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: It intends to use the following listed construction trades in the work under the contract ; and, As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) BULKHEAD RECONSTRUCTION & RESTORATION E-1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, as Principal, hereinafter called the Principal, and that we a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obtigee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the taithlul performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the ~vent of the failure ol the Principal to enter such Co~tract and give such bond or bonds, if the Principal shall pay to the ObliB~e the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in 8ood faith contract with another party to perform the Work coven.~'d by said bid, then this obfigation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Witness) (Principal) (Title) (Seal) (Witness) (Sure~y) (TRle) (SeaO AIA OOCUMENT A31B · BID BOND · AIA ~ * FEBRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AV~., N.W., WASHINGTON, D.C. 20006 T A M E R I C A N I N S T I T U T E 0 F ARCHITECTs AIA Document A201 General Conditions of the Contract · for Construction THIS DOCUMENT HAS IMPORTAJVT LEGAL CONSEQUENCES; CONSUL TA TION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES l. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 1 1. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the fi.xsociated General Contractors of America. Cop}right 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961. 1963, 1966, 1967, 1970, 1976, ©1987 by The American Institute of Architects, 1735 New York Avenue. N.W., Washington, D.C., 20006. Reproduction of the materia/he.in or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and ,~qll be subiect to legal prosecutions, CAUTION: You should use an original AIA document which has this caution printed In red. An original assures that changes will not be obscured as may occur when documents are reproduced. WARNING: Unlicensed photocopying violates U.S. copyright taws and is sub;ect to legal prosecution. INDEX Acce~tafl~ of Non~of~, ,,,In9 Wod[ ......... 9.6.6, 9.9.3, 12.3 Acceptance of Work ........... 9.6.6, 9.8.2, 9.9.3, 9.10.1,9.10.3 A~(~$ to Work ........................... 3.16,6.2.1, 12.1 Accident Prevention ..............................4.2.3, 10 Additional Cost, Claims for ......... 4.3.6,4.3.7,4.3.9,6.1.1, 10.3 Additional Time, Claims for ............. 4.3.6,4.3.8,4.3.9,8.3.2 ADMINISTRATH)N OF THE CONTRACT ....... 3.3.3, 4, 9.4, 9.5 Advertisement or Invitation to Bi(~ ...................... 1.1.1 Aesthetic Effect ............................... 4.2.13,4.5.1 AHow~n~ ........................................ 3.6 AU-risk Insurance ................................. 11.3.1.1 Approvals .... 2.4, 3.3.3, 3.5, 3.10.2, 3.12.4 through 3.12.8, 3.18.3, Al~itmitofl ..................... 4.1.4,4.3.2,4.3.4,4,4.4,4.6, Architect .......................................... 4.1 Architect, Definit ion o f .............................. 4.1.1 Architect, Extent of Authority ........ 2.4,3.12.6,4.2,4.3.2,4.3.6, Architect, Limitations o f Authorit y and Responsibilit y. 3.3.3,3.12.8, 4.2.13, 432, 5,2.1, 7.4, 9.4.2, 9.6.4, 9.6.6 Architect's Additional Services and Expenses .......... 2.4,9.8,2, Archit~-t'8 ~elmiolstratlon of th~ Cootra~t ......... 4.2,4.3.6, 4.37, 4.4, 9.4, 9.5 Architect's Approvals 2.4,3.5.1,3.102,3.12.6,3.12,8,3.18.3,4.2.7 Architect'sAuthoritytoRejectWork ,., 3,5.1,4.2.6,12.1.2,12.2.1 Architect's Copyright ............................... 1.3 Architect's Decisions .......... 4.2.6, q.2.7,4.2.11,4,2.12,4.213, Architect's Inspections .......... 4.2.2,4,2.9,4,36,9,4.2,9.8.2, Architect's Instructions.. 4.2.6,4.2,7,4.2.8,4.3.7,7.4,1,12,1,13.5.2 Architect's Interpretations ................. 4.2.11, 4.2,12, 4,3.7 Architect'$ On-Site Observations ........ 42.2,4.2,5,4.3.6,9.4.2, Architect's Project Representative ................ 4.2.10 Architect's Relationship with Subcontractors .... 1,1.2,4.2.3,4.2.4, Architect'$ Representations ................. 9.4.2, 9.5,1,9,10.1 Architect's Si[e Visits ........ 4.2.2,4.2,5,4,2.9,4,3.6,9,4.2,9,5.1, Asbestos ....................................... 10. I Attorneys'Fees ...................... 3.18.1.9.10.2, 10.1.4 Award o f Separate Cont facts ........................... 6,1,1 Award of Subcontracts and Othe~ Contracts for Portions of the Wonk ............................ 5.2 Basic Definitions .................................... 1.1 Oiddin8 Requirements ................ IA.t, IA.?. 5.2A, 11.4.] Bolior and Machinery Insurance ..................... 11.3.2 8onds, Lien ...................................... 9.10.2 Bonds, Performance and Paymcfit ..... 7.3.6.4,9.10.3, 11.3.9, 11.4 BuJld~g Permit .................................... 3.7.1 C~flon ....................................... 1.4 Certificate of Substantial CompleOon .................... 9.8.2 Cet~flcate$ lot payment ....... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, Certificates of Inspection, Te.sting or Approval ..... 3.12,11,13.5.4 Cm~lficat es o f Insurance .................. 9.3.2,9.10.2, 11.1.3 Change Or ders, I)e£mitio n o f .......................... 7.2.1 Claim, Definition of ................................. 4.3.1 Ckdms and Disputes ................ 4.3,4.4,4.5,6.2.5,8.3.2, Clalm,~s ired Timely ~ll$~r tion of Clatms ................ 4.5.6 ~.alm$ for A(~ItlOfl~ C4~t ........ 4.3.6, 4.$.?, 4.3.9, 6.1.1, 10.3 CJaiots fog C4Ntce~l or Unknown Conditions ........... 4.3.6 Cioaning Up ................................. 3,15, 6.3 Commencement of Statutocy Umitatlon Pedod .......... 13,7 Commencement o f the Work, Conditions Retating to ....... 2.1.2, Conm~encement of the Work, Definition of ............. 8,1.2 COMPLETION, PAYMENTS AND ..................... 9 Completion, Substantial ......... 42.9, 4.3.5.2, 8.1 .I, 8.1.3, 8.2.3, Consent, Written .................. 1.3.1,3.12.8, 3.14.2, 4.1.2, CONSTRUCTION BY OWNER OR BY SEPARATE CONTRaCTOrS ............................. 1.1.4,6 Construction Change Dlrec0ve, Definition of ............ 7.3.1 Construction Schedules, Contractor's ............. 3.10,6.1.3 Contingent AssJgnment of Subcont facts .............. $.4 Co~ln~ Contrm~t Peffo¢'men~e .................. 4.3.4 CONTRACT, TERMINATION OR SUSPENSION OF THE .................. 4.3.7, 5.4. l. ], 14 Contract Administ ration ..................... 3.3.3, 4, 9.4, 9.5 3.10, 5.2, 9.2, I 1.1.3, 11.3.6, 11.4.1 Contract Doct~ments, Copies Furnished and Use of... 1.3, 2.2.5, 5.3 Contract Per formance During Asbit ration ............ 4.3.4,4.5.3 ~:mtr~t Sum, Definition of ............................ 9.1 Contract Time ................. 4.3.6, 4 3.8, 4.4.4, 7.2.1.3, 7.3, Contract Time, D~§nltion o f_ .......................... 2 A201-1987 WARNING: U~icellsed photocopying violates U.S. copyrigM ~ and is subject to legal prosecution. Contractor's Constn~)n Schedules ............. 3.10, 6.1.3 Cont factor's Employees ....... 3.3.2,3.4.2,3.8.1,3.9,3.18,4.2.3, 4.2.6, 8.1.2, 10.2, 10.3, I1.1.1, 14.2.1.1 Oontrac~c's L.iab~ In~l~ ....................... 11.1 11.3.1.3, 11.3.4, 11.3.9, 12.1, 12.2.1, 12.2.4, 12.2.5, 13.5, 14 Culttn9 snd Pstehlr~ ......................... 3.14,6.2.6 9.4, 9.3.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14 2.4 De~lslon$1o Withhold ~rtffie~tlon .......... 3.5,9.7, 14.1.1.3 Emergencies ................................. 4.3.7, 10.3 Equipment, Labor, Materials and .......... 1.1.3,1.1.6,3.4,3.5.1, Execution and Progress of thc Work ....... 1.1.3, 1.2.3, 3.2, 3.4.1, Exeou~ofl, Co~'e~tlon m~d Intent of the Contraa Documents .......................... 1.2,3.7.1 Failure of Payment by Comractor .............. 9.5.1.3, 14.2.1.2 Fa/lure of Payment by Owner ................ 4.3.7,9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work) Flrml Com~ntlo~ snd Final Payment ........ 4.2.1,4.2.9, 4.3.2, F/nancial Arrangements, Owner's ....................... 2.2.1 Fire and Extended Coverage Insurance ................... 11.3 GENERAL PROVISIONS .............................. 1 Governing Law .................................... 13.1 Guarantees (See Waxranty and Warranties) Hazardous Materials ............................ 10,1, 10.2.4 Identification o f Cont tact Documents .................. 1,2.1 Identification o f Subcontractors and Suppliers ............. 5.2.1 Infommflon snd 8~rvJee$ R~lutr~d of the Owner ..... 2.1.2.2.2, Injur/or Osmage to Person o~ Prop~'ty ........... 4.3.9 Inspections ........... ~.3 3.3.3.4, 3.7.1, 4.2.2, Instructions to Bidders ........................ I.I. I Instructions to the Contractor .... 3.8.1.4.2 8, 5.2.1,~, 12.1, 15.5.2 Insurance ....... 4.3.9, 6.1.1, 7.3,6.4, 9.3.2, 9.8.2, 9.9.1, 9.10,2, I 1 Insurance, I]oller snd Machinery ................... 11.3.2 Insurance, Contractor's Liability ................. 11.1 Insurance, Effective Date of ............... 8.2.2, 1 1. 1.2 Ifl~orsn{~, lo~$ of Or~ ........................... 11.3.3 Insurance, Owne~"s Liability ....................... 11.2 Insurance, profleriy ......................... 10.2.5,11.3 Insurance, Stored Materials .................... 9.3.2, 11.3.1.4 INSURANCE AND BONOS ............................. 11 Insurance Companies, Consent to Partial Occupancy .. 9.9.1, l 1.3.1 I Insurance Companies. Settlement with ............... 11.5.10 Intent of the Contract Documents ............... 1.2.3,3.12.4, 4.2.6. 4.2.7.4.2 12.4.2.13. 7.4 Interest ..........................................13.6 Interpretations, Written .................. 4.2.11,4.2.12,4.3.7 Joinder and Consolidation o f Claims Required ............. 4.5.6 ,Judgment on Final &ward ............... 4.5.1,4.5.4.1,4.8.7 Lsbo¢ snd Mnterials, Equipment .... I.I.3, 1.1.6,3.4, 3.5.1, 3.8.2, Labor Disputes ................................... 8.3.1 Laws and Regulation.s ....... 1.3,3.6,3.7,3.13,4.1.1,4.5.5,4.5.7, Limitation on ~ommtldat~on or Jolnder ................ 4.5.$ Limitations, S{atutes of ................... 4.5.4.2, 12.2.6, 13.7 Limit ation$ o f Authority ................... 3.3.1,4.I.2,4.2.1, A201-1987 3 WARNING: Unlicensed photocopying violates U.S. copyright I;~ and is suHect to legal prosecution. Limiiations of Time, General ........... 2.2.1,2.2.4,3,2.1,3.7.3, Limitations o f Time, Specific ......... 2.1.2,2.2.1,2.4,3.10,3.11, Lose of Use In.umnce ............................. 11.3.3 Materials, Hazardous ........................... 10.1, 10.2.4 Mat ecials, Labor, Equipment and ..... I.L3, 1.1,6,3.4,3.5.1,3.8.2, Means, Methods, Techt~iques, Sequences and PrOCetiures o f Const ruction ......... 3.3.1,4.2.3,4.2.7,9.4.2 Minor Changes In the WOO( .......... I 1.1, 4.2.8, 4.3.7, 7,1,7.4 MISCELLANEOUS PRO¥1SION$ ....................... 13 Modifications, Definition of ........................... 1. I, 1 Mutu~ Responsibility .............................. 6.2 Nonconfo~nlng Wo~, Acceptance of ................. 12.3 Nonconforming Work, Reiection and Correction of ....... 2.3.1, Notioa, W rittelq ............... 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, Notice o f Te.sting and Inspections ................13.5.1,13.5,2 Notice to Proceed ............................... 8.2.2 NO~C~, Pemltts, Fees lind .... 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 Observations, Architect'sOn-Site ................. 4.2.2,4.2.5, Observations, Contractor's ...................... 1.2.2, 3.2.2 Occupancy ..................... c~,6.6, 9.8.1, 9.?, 11,3.11 On-Site Inspections by the Architect ....... 4.2.2, 4.2.9, 4.3.6, On-Site Observations by the Architect ......... 4,2.2,4.2.5,4.3.6, Ortiers, Written ............ 2.3, 3.9, 4.3.7, 7, 8.2.2, I 1,3.9, 12.1, OWNER ........................................... 2 Owner, Definition of ................................ 2.1 Owner, Infommtlon and Sewlces Required of the ....... 2.1.2, Owner's Authority ........ 3.8. I, 4.1 3, 4.2.9, 5,2.1,5.2.4, 5.4. I, Ownefs Financial Capahility ................... 2,2.1, 14.1.1.5 Owner's Liab~liy Insurance .......................... 11.2 Owner's Lo~ of Use lnsorance ..................... 11.3.3 Owner's Relationship with Subcontractors ............... 1.1.2, Owners Right to Carry Out the Work ....... 2.4, 12,2.4, 14.2.2.2 OwneFs Rk~ht to C{ean Up ............................ 6.3 Ownet'a PJght to Perform Constn~qton and to Award 5e~le Contracts ......................... 6.1 Ownsea Right to S~o~ the Won~ ................... 2.3, 4.3.7 Owner's PJsht to Suspend thc Work ..................... 14.3 Own~ ~md Use of Architect's Drawings, SpeoiRca6ons Ind Other Dootmtents ................ 1.1.1,1.3,2.2.5,5.3 pmlial Occupancy or Use ................. 9.6.6,9.9, 11.3.11 patchlng, Cutting Ired .......................... 3.14,6.2.6 Patents, Royalties lied .............................. 3.17 Plyment, A~ Ior ................ 4.2.5,9.2,9.3,9.4, payment, Cell{flcs~ for ........... 4.2.5,4.2.9,9.3.3,9.4,9.5, payment, Fmllore of .......................... 4.~.7, 9.5.1,3, payment Bo;rd, Par[o~ Bond and .............. 7.3.6.4, Payments, Progress .......................... 4.3.4, 9.3, 9.6, P~YMENT$ AND COMPLE'r[ON ..................... 9, 14 Payments to Subcontractors .................. 5,4,2,9.5.1.3, PCB ........................................... 10.1 Per foiTnance Bond and Payment Bonti ................. 7.3.6.4, p~Nlll{ts, Fees and No{k~$ ...... 2.2.3,3.7,3.13,7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ........ 10 PrOduct Data, Definition of ........ 3.12.2 product Dofa and S,~mplse, Shop Drawings .... 3'11,3:12,4.2.7 pgogrens and Completion ................. 4.-~ 2,4.3 4,8.2 Progress Payments ......................... 4.3.4, 9,3, Projact, Del]nition of t he ............................ 1.1.4 P~o~'t Ma~i, Definition of the ................. 1.1.7 Project Manuals ................................... 2.2.5 Project Representatives ............... 4.2.10 proporty Insurance ........................ 10.2 5, 11.'* pROTECTION OF pERSONS AND PROPERTY ............. 10 Regulations and Laws ............ 1.3, 3.6, 3,7, 3.13, 4. ]. l, 4.5.5, RejeCtion of Work ....................... 3.5.1, 4.2.6, 12.2 Releases of Waivers and Liens ....................... 9.10,2 Representations ....................... 1.2.2, 3.5.1,3.12.7, Representatives ........................... 2.1.1,3,1.1,3.9, Resohdlon of C{alms and Disputes .................. 4.4, 4.5 Re~ponsibilit y for Those Performing the Work ............ 3.3.2, Retalnage ............... 9.3.1,9.6.2, 9.8.3, 9.9.1,9.10.2, 9,10.3 Review of Contract Documents and Field Conditions by Contractor ............ 1.2.2, 3.2, 3,7,3, 3, ! 2.7 Review of Contractor's Submittals by Review of Shop Drawings, Product Data anti Samples by Contractor ....................... 3.12.5 Royalt{es and Patents ............................... 3.17 4 A201-1987 WARNING: Unlicensed photocopying violates U.S. copy~ght laws and is su~ to legal pfosec~ticm. Rules a~d Noflce~ for Att~ .~o~t ..................... 4.5.2 Safety of Per~on~ ~md Pro~ ....................... 10.2 Safeb/PrecauUons m~l Programs ........... 4,2.3,4.2.7,10.1 Slmples, Sh~flDr~,Produ~D~ta.nd ... 3.11.3.12,4.2.7 Samples ~t the Site, Documents ~nd ................... 3.11 Schedule of ¥~ ............................. 9.2, 9.3.l Scp~te Contrads ~nd Contractors .......... 1.1.4, 3.14.2, 4.2.41 Shop Drawings, Dcfinit!o n o f ......................... 3.12.1 Sh(~ Drawings, Product D~ta and Sm11~e~ .... 3.11,3.12,4.2.7 Site, U~ of..' ............................ 3.13,6.1.1,6.2.1 Site Inspections ... 1.2.2, 3.3,4, 4.2.2, 4.2.9, 4.3.6, 9.8.2, 9,10. I, 13.5 Site Visits, Architect's ................. 4.2.2, 4.2.5, 4.2.9, 4.3.6, Special lnspection~ and Testing .............. 4.2.6, 12.2.1, 13.5 $S~ifl~ll~ff~, Deft nttion o f t he ....................... 1.1.6 Statutes of Limitations .................... 4.5.4.2, 12.2.6, 13.7 Stoppingthe Work ............. 2.3,4.3.7,9,7, 10.1.2, 10,3, 14.1 Stored Materials .......... 6.2.1,9.3.2, 10,2.1.2, 11.3.1.4, 12.2.4 Subcontractor, Definition of .......................... 5.1.1 SUBCONTRACTORS ................................. 5 Subcontractors, Work by ................. 1.2.4, 3.3.2, 3.12.l, 4.2.3, 5.3, 5 4 S ubcoof r&ctl~al Rela tlon$ ..............5.3, 5.4, 9.3.1.2, 9.6.2, Subn)g~tlon, Waivers of .............. 6.1. ], I 1.3.5.11,3.7 Substantial ~ompleflon .... ~: 2 9. 4 5.5 2.8 I 1,8 I 3, Substantial Compleuon, Definition of .............. 9.8.1 Substitution o f Subcont factors .................... 5.2.3,5.2.4 Substitution of the Architect ........................ 4.1.3 Substitutions of Materials ......................... 3.5.1 Sub-subcontractor, De fufition of ............... 5. I. 2 Subsurface Conditions ............................ 4.3.6 Successors and Assigns ..................... 13.2 Superintendent ............................ 3.9, ]0.2.6 Supervision ~ Constmofion Procedures ...... 12.4, 3.3, Surety ............. 4.4.1,4.4.4, 5.4.1.2, 9.10.2, 9.10.3, 14.2.2 Surety, Consent of ....................... 9.9,1,9.10.2,9.10.3 Surveys ..................................... 2.2.2,3.18.3 Su~oe~lon by Ifte Own~ for Conve~ence ............. 14.3 Suspension of the Work ............. 4.3.7, 5.4.2, 14.1.1.4, 14.3 Suspension or Termination of the Contract ...... 4.3,7, 5.4.1.1, 14 Tltx~ ...................................... S.fi, 7.3.6.4 Tem~dmtion by the Coofraofor ........................ 14.1 Termination of the Architect .......................... 4.1.3 Termination of the Contractor ........................ 14.2.2 TERMINATIOH OR SUSPEHSION OF THE CONTI;IACT ...... 14 Tests an(I Inspections ..... 3.3.3, 4.2.6, 4.2.9, 9.4.2, 12.2.1,13.5 TIME ............................................... 5 Time, De~ys ~nd ~ of .............. 4.3.8,7.2.1,8.3 TIiI~ Ufillt8 on C~a[111s ......... 4.3.2,4.3.3,4,3,6,4.3.9,4,4,4.5 Title to Work ................................. 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK ............. 12 Uncovedng of Wod~ ................................ 12.1 Unforeseen Conditions ..................... 4.3.618.3.1, 10.l Unit Prices .................................. 7.1.4,7.3.3.2 Use of Site ........................... 3.13.6.1.1,6.2 1 Values, Schedofe of ............................ 9.2,9.3.1 Waiver of Clalnm: Flnal Payment .......... 4.3.5,4.5.1,9.1o.3 Waiver of Claims by thc Architect .................... 13.4.2 Waiver of Claims by the Contractor ........ 9 10.4, l 1.3.7, 13.4.2 Waiver of Claims by the Owner ............ 43.5,4.5,1,9.9.3, Waiver o f Liens .................... 9.10.2 WaiversofSubrogation ........... 6.1 1, 11.3.5, 11.3.7 Wa~Tanty and Warran0es ................. 3.5, 4.2.9, Weather Delays ........................... 4.3 8.2 When ArbltmUon May Be Demanded ................ 4.5.4 Work, Definition of ............................ 1.1.3 Written Interpretations ............... 4.2.1 I, 4.2.12, 4.3.7 Written Notice ........... 2,3, 2.4, 3.9, 3,12.8, 3.12.9, 4 3, 4.4.4, Written Orders ............................. 2.3, 3.9, 4.3.7, A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASK:DEFINITIONS 1.1.1 THE CONTRACT DOCUMENT~ The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda ~.~ucd prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A cation is (1) a Writteo amendment to the Contract ~igned by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The (~ontract Docurner~ts form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract DoctmaenL~ shall not be construed to create a contrac- tual relationship of any kind (1) between the Architect a~d Con tractor, (2} between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties, 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include coD.struction by the Owner or by separate contractors, 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, eleYations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Spedfications are that portion of the Contract Documents consisting of the written requirements for materials, equip- ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 11tE PRO, ZECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become faraJl- tar with local conditions under which the Work is to bc per- formed and correlated personal observations with require- men~s of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents ace comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to thc extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessacy to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arr. mgement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.S Unless otherwise stated in the Contract Documents, word.s which have well-known technical or construction indus- tO- meanings are used in the Contract Documents in accord~ ance with such recognized meanings. 1.3 OWHERSHIP AND USE OF ARCHirTECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other docurncots prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Sulx:ontractor, Sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, ace for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201-1987 ~ DOCUMENT ~0t "GENERAL CONDITIONS OF THE CONTKACT FOR CONSTRUCT[ON * FOURTEENTH ~DITION A~A~ ° © ~ 9~7 THE AMER~CAN [NST~T~E ~F ARCH~TECTS' ~ 735 NEW Y~RK A¥ENUE' N W-' WASH~NGT~N~ D-C- 2~6 Work without the specific written consent of the Owner and Al'chJtcct. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to nse and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use Lq the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other dOcuments prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes Lq con- nection with this Project is not to be construed zs publication Lq derogation of the Architect's copyright or other reserved rights. 1.4 CAPfl'ALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically deemed, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the'document or (3) the titles of other · documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 in the interest of brevity the Contract Documents fre- quenriy omit modifying words such as "~" and "any" and arti- cles such as "the" and .an,l, hut the ~ct ;hat a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract the Owner or the Owner's authorized representative, 2.1.2 The Owner upon reasonable written request shall furnish enforce mechanic's lien rights. Such information shall include a which the Project is located, usually referred to as the site, and Agreement and, within five days after any change, information of such change Lq title, recorded or unrecorded, 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of thc Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless such reasonable evidence were furnished on request prior to the execution of the Agreement, ;the prospective c~ntractor would not he required to execute the Agreement or to commence the I~'ork.] 2.2.2 The Owner shall furnish surveys describLqg physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assess- merits and cha~ges requi~d for construction, use or occupancy of permanent structures or for permanent changes Lq existing facilities, 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay Lq orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of chaxge, such copies of' Drawings and Project Manuals as are reasonably necessary for execution of the XXfork. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Constn;ction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 1 l (Insurance and 2.3 OWNER'S RfCd'IT TO STOP THE WORK 2.3.1 If the Contractor fails to'cor~ct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistendy fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in wridng, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1,3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a Seven day period after receipt of wmten notice from the Owner to con~mence and continue correction of such default or neglect with diligence a~d promptness, the Owner may after such Seven-day period give the Contractor a second writren notice to correct such deficiencies within a second seven-day period. If the Contractor within such second seven- day period after receipt of such Second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without preiudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deft- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 3.1 CONTRACTOR DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. A201-1987 7 3.2 REt/IEW OF CONTRACT DOCUMENTS AND F~:! ~ CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or ormSSion in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully enmpare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12, 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, tion means, methods, technique, s, sequences and procedures and for coordinating all portions of the ~ork under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters, a.a.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be reheved of obligations to per- form the Work in accordance with the Contract Documents either by activines or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the 3.3.4 The Contractor shall be responsible for inspection nf por- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive sub- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incoq~o~ rated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict dLscipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish sads~ctory evidence as to the kind and quality of materials and equipment, 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar · taxes for the Work or portions the{eof provided by the Con- tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unle~ otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customaril}' secured after execution of the Contract and which are legally required when bids are received or nego- tiations concluded. 3.?.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work, 3.?.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regula- tions, However, if the Contractor obsec~'es that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Mod/f~ation. 3.7.4 If the Contractor performs Work knowing it to be con- teary to laws, statutes, ordinances, building cocles, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility fo[ such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.B.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities agairtst which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an alfuwance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trarie discounts; 8 A201-1987 DOCUMENT &2~1 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION ® · ©1987 THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUJE, N.~%XX'^SHINGTON, D,C 20006 .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be induded in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowance.s under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3, 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the COn- tractor. Important communications shafi.be confirmed in writ- ing. Other communications shall be similarly confirmed on written request in each case. 3.10 OONTHAOTOR'S OONSTI~JOTION ~r-DULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare trod keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPt. ES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DiRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. a.12.3 Samples are physical exarnples which illustrate materials, equipment or workmanship and establish standards by which the Work will be iudged. $.12.4 Shop Drawings, Product Data, Samples and similar sub- mittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittais required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors, SubmittaLs made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.7 Bi' approving and submitting Shop D~awings, product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.3 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product l~ata. Samples or similar submittals by the Archi- tect's approval thereof, 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals, 3.12.10 Informational submittals upon which the A~chitect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF S~'E 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment, 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly, 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering such construction, or by excavation. The Contrac- tor shall not cut or otherwise alter soch construction by the AIA DO~OIiF~-NT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ©I98~THEAMERICANINSTITUTEOFARCH[TECTS, 1735NEW¥ORKAVENUE. N~Z'..WASHINGTON, DC,20006 WANNING: Unlicensed p~otocopying violates U.S. copyright laws and Is su~t to legal pro~ecution. A201-1987 9 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- i~g axea free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials, 3.15.2 If the Contractor fails to clean up as provided ill the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1. The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located, 3.17 ROYALTIES AND PATEHTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor ha~ rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by la,;,', the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ lng but not l/mited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such dahn, dam age, loss or expeuse ia attributable to bodily injury-, sickness, disease or death, or to injury to or destniction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone direcfly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person Or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirecfly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them arising out of(l) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 Thc Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tiffed as such in the Agreement and is referred to throughout the Contract Documents as ff singular in number. The term "Architect" means the Architect or the Architect's authorized representaffve. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1,2 and 4,1.3 shall be subject to arbitration, 4.2 ARCHITECT'S AD~llNISTRATION OF THE CONTRACT 4.2.1 Tbe Architect will provide administration of the Contract as described iD the Comract l)<~¢uments, and ;,,ill be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2. The Architect wi]] advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documeots, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect wiff visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and qua]ky of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspectlous to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and wlil endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 Thc Architect wilt not have control over or charge of and wiff not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in Connection with the ~'ork, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect wi]] not be responsible for the Contractor's failure to carry out the Work in accordanee with the Contract ~oculTlents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 AIR OOCU~l~n' A20t · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION Ats~ · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.~L, WASHINGTON, D.C. 20006 tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 CommunlcaUon~ F~clllt~ting Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's COnsultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.$ Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.8 The Architect will have authority to reject Work which does not COnform to the Contract Document. Whenever the Architect COnsiders it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5,2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work, 4.~).? The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given sod the design concept expressed in the Contract Docu- ments The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner. Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the puq:K)se of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures, The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and recor0.s written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Doctlments. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, resDor~ibilities and limitations of authority of such project representatives shall be as set fDrth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide ruatters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with re~.sonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be f~r- Dished in compliance with this Paragraph 4.2, then delay shall not be recognized on acCOunt of failure by the Architect to f~r- DiSh such interpretations until 15 days after written request is made for them, 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the fQrm of drawings. W]~n making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's derisions on matters relating to aesthetic effect will be £mal if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND D~PUTES 4.3.1 Defln#ion. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term -Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims most be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim, 4.3.2 Decision of ArchltecL Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (I) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Arehitect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days afxer the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Umits on Claims. Claims by either party runst be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the COndition giving rise to the Clalru, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. AIA DOCUI~EI~r A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH t~D[T]ON AIAe · ~)I987THEAMERICANINSTITUTEOF&RCHlTECTS, 1735NEWYORKAV£NUE. N.W.WASHINGTON. D.C. ZOO06 A201-1987 11 4.3.4 Continul~l ~ P.riO. l~r,~. Pen~ng final r~ lut~n ora C~ ~clu~ng ~R~flon, u~ o~e~e a~d in wfi~ ~e ~nt~ctor s~ p~ ~fly wi~ ~ffor- paymen~ ~ a~r~ce with the Contm~ ~m~. pa~t ~ ~timte a w~ver of ~ by ~e Owner exert tho~ ~lng from: ~g out of ~e Contm~ ~d ~tfled; .~ ~ure of ~e Work to ~mply ~ ~ requkm~u .$ tern of s~ mfi~ r~ul~ by the ~ntm~ ~tbm ~ en~te~ at ~e site whi~ ~ (I) subsu~ or o~e~ ~n~ physi~ ~n~m wffi~ ~ffer.~tefi- ~y from ~ M~ted M ~e ~n~ ~m~ or (2) unknom physi~ con~tio~ of ~ unm~ mmre, whi~ dif- fer mtefi~y from th~ or~ffiy found to e~t md gene~y r~o~i~ ~ ~emnt ~ ~tmction ~iviti~ of ~e chm~er provided for M the ~nt~ct ~enm, ~en nofi~ by ~e ob~m~ p~ sh~ ~ Wen to ~e o~er ~y promptly ~fom con~tio~ ~e ~tu~d ~d ~ no ev~t hter tect wffi promptly investi~te such conditions ~d, if they d~es cost oL or ~e required for, ~ffo~ce of my paff of ~e Work, will r~o~end ~ equitable adjm~ent in ~e ~ntmct S~ or Contract T~e, or ~th. If the Mchitect determ~ that ~ted in the Contract ~umen~ ~d that no ch~ge in the te~s of the Contact ~ justified, the Archit~t s~ ~ noti~, the O~er ~d Contractor in w~ting, stating the r~ns. Cl~s by eider pa~y m op~sition to such dctem~tion m~t ~ ~de within 21 ~ys a~er the Mchit~t h~ Wen the adj~tment shMl ~ refe~ to the Mchit~t for init~ deter- mi~tion, subject to Mffher pr~ee~ngs pursuant to Paragraph 4.4. ~.$.~ ~ ~ ~ ~ If the Contm~or w~h~ to ~ provided here~ sh~ ~ Wen ~fore pr~ to execute the Work. Prior notice ~ not required for C~s ~g to m em~ncy en~gering life or pro~rty ~ing ~der P~- g~ph 10.3. If the ~ntmctor ~lieves additio~ c~t ~ involved for re~o~ induing but not I~ited to (1) a written inte~reration from the Mchitect, (2) ~ order by ~e Owner to stop the Work where the Contractor m not at fault, (3) a w~t- ten order for a minor ch~ge ~ ~e Work i~ed by the ~chi- t~t, (4) failure of payment by ~e Owner, (5) recitation of the Contract by the Owner, (6) Owner's sus~ion or (7) other r~onable ~oun~, CI~ sh~ ~ filed in accor~ce with the pr~edure ~tabl~hed herein. ~.$.$.~ If the Contractor wish~ to ~e CI~ for ~ ~c~e in the Contract Tin~e, wdtten notice ~ provided herein sh~ ~ and of probable effect of delay on pro~ of the Work. In ~e 4.$.8.~ If adver~ w~ther conditiom are the b~B for a ClMm for adthtionM t~e, such Claim shM[ ~ d~umemed by ~ta 12 A201-1987 substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury m' Damage to Person or' Property. If either party to me Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agent, s, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be Fried as provided in Subparagraphs 4.3.7 or 4.3.8. 4,4 RESOLUTION OF CLAIMS AND D~SPUTES 4.4.1 The Archit~t w~ r~view Cb&~s and rake one or more of the foilowin~ pre~nin~ action~ within ten days of r~-'~ipt ot'a C~: (1) request ad~tion~ supporting dara from thc claimant, (2) submit a sebedule to the panics indica~n~ when thc Archi- t~ct e×pecrs to ~e action, (3) re,'ct the Claim in whole or in p~t, stating r~ons for rejection, (4) recommend approval the Cl,~n by the other party or (5) suggest a compromise. The ^rchitec'~ may ;~o, hut is not obligated to, noti~, thc surety, if any, of the n~ture and amount of the 4.4.2 If a Cl~m has been resolved, the Architect will prepan~ or ob~n appropriate do~.~menration. 4.4.3 ff a Claim has not been re~lved, the p~y m~ing the Claim shall, within ten days after the Architect's preliminary' response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notif), the surety and request the surety's assistance in resolving the controversy. 4.5 ARBfrRATION 4.5.1 Controvemie~ and Claims Subject to Ataltmllon. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. ~lA OOCOMI~' ~01 · GENERAL CONDITIONS OF THE C~NTRACT FOR CONSTRUCTION * FOURTEENTH [DITION AIA® © 198, THE AMERICAN INSTITUTE OF ARCHITECTS, I ~ 35 NEW YORK Ax.I~NUE, N '~., ',~ ASHINGTON, D.C. 20006 WARNING: Unlicensed photoco~ng violates U.S. copyright laws and is subject to legal p~)secution. 4.6.2 Rules and No0ce~ for Ad~dnttlon. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shaH, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration A~sodation cur- rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall be filed In writing with the other party to the Agreement between the Owner and Con- tractor and with the Anlerican Arbitration Association, ;md a copy shall be t'ded with the Architect. 4.5.3 Contract Pedom~nce During Ad.ration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subpa~graph 4.3.4. 4.5.4 When Arb,~,-ar, on May Be Demanded. Demand for arbi- tratinn of any Claim may not be made until the earlier of (1) the date on which the Architect has rendered a £mal written deci- sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable · opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written dedsion, then failure to demand arbitration within said 30 days' period shall resuIt in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered a~ evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties concerl~ed. 4.5.4.2 A dentand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.4.l as applicable, and in other cases within a reasonable time after the Claim h~ arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.5.5 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or }oinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as described in A]ticle 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included a~ an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a dispute not desefibed therein or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having jurisdiction thereoL 4.5.6 Claims nnd Tlmc~ ~ of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim h~ matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgnmnt on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jur~dicfion thereof. ARTICt. E 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorJzed representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcomractor" is referred to throughout the Contract Documents as if singular in number and means a Sub~subeontractor or an authorized representative of the Sub-subcontractor. COf4TRACTS FOR PORTIONS OF THE WORK ties (including those who are to fiirnish mater~ls or equipment fabricated to a special design) proposed for each principal pot- able obiecrion. made reasonable objection. and an appropriate Change Order shall be issued. However, no reasonable objection to such change. A201-1987 13 WARNING: Unlicensed photocoflyin~j violates U.S. copyright laws and Is subject to legal prosecution. 5.3 SUBCONTRACTUAL RELA'RONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall prese~e and protect the rights of die Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall alinw to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Document~ to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 6.4 CONTINGENT ASSIGNMJ:NT OF SUBCONTRACTS 6.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owher provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notif3'ing the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 6.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner resen,es the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor clabns that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own fo£ees and of each separate contractor with the Work of the Contractor, who shah cooperate with them, The Contractor shah participate with other separate con- tractors and the Owner in reviev~mg their construction sched- nles when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary' after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forc~, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 'and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shah afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shah, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparag~ph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in paragraph 3.14, 6.3 OWHER'S RIGHT TO Ct.F-AN UP 6.3.1 If a dispute arises among the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner rna), clean up and allocate the cost among those responsible as the Architect determines to be jttst. 14 A201-1987 AIA DOQ,II~:NT k201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ' FOURTEENTH EDITION ARTIOLE 7 CHANGES IN THE WORK 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. ?.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.ia Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. ?.1.6. If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the folIowing: .1 a change in the XX~ork: .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any, 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTK)N CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly. 1.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- mit evaluation; .2 unit prices stated in the Contract Documents or sub- sequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- age fee; or .4 as provided in Subparagraph 7.3,6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.$ A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method'and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of thru Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or cnsrom, and workers' or workmen's compensation insurance; .:~ costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whcther rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, ttse or similar taxes related to the Work; and .5 additional costs of supe~/ision and field office person- nel directly attributable to the change 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. Xgthen both additions and credits covering related Work or substitutions are involved in a change, the allowance for ovethead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.$ If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- ment upon the adiustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. AIA OOG"~J~r-NT A~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION A. IA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK A-VENUE, N.W.. WASHINGTON, D C 20006 A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work HOt involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided. Contract Time is the period of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the-Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROC_~ES$ AHO GOMPLET~ON 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely corn iclenc¢ operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be fi~rnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests, I}.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract T/me. 8.3 DELAYS AND EXTEHSIOHS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Worl~ by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before thc i*~rst Application for Payment, the contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and SUl> ported by such data to substantiate its accurac3, as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the contractor's Applica- tions for PaymenL 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date establisl~ed for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operatious completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retalnage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.a.1.2 Such applications may not include requests for pay- ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because ora dispute or other 9.3.~) Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Paymem for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site, 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payn~ent will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Y6'ork. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the 16 A201-1987 DOOJM~qT ,~'~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ' r'OURTEENTH EDITION 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N."X'. WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copydght laws and is subject to legal peosecution. Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance ora Certificate for Payment w/il constitute a representation by the Architect to th& Owner, based on the Architect's obse~'ations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deWlations from the Contract Documents correctable prior to completion and to specific qnMifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representati6n that the Contractor Ls entitled to payment in the amount certified. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (I) made exhaustive or cor~tinuons on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, method.s, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Paymem in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4,2 cannot be made, If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect ca~anot agree on a revised amoum, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third patty claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9.8.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.~' The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work. the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subeontractor's portion of the Work. The Contractor shall, by appropriate agx~ement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may other~/tse be required by law, 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6,3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Proiect by the Owner shal/ not constitute acceptance of Work not in accordance with the Contract Documents, 9.7 FAll. ORE OF PAYMENT 9.7.'I If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven da}'s after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contracaor within seven days after the date established in the Contract Documents the amount cer- tiffed by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additionaJ days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received The Contract Time shalJ be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut<lown, delay and start-up, which shall be accompfi~hed as provided in A~icle 7. 9.8 SUBSTANTIAL COMPLETIOt/ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the ~'ork for its intended use. 9.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list, Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- WARNING: Unlicensed photocopying violates U~S. copyright laws sn~ is subject to ~ prosecution. A201-1987 17 .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another Derson; .$ claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or uae of a motor vehicle; and .7 claims involving contractual liability insurance appli- cable to'the Contractor's obligations under P~cragraph 3,18. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be wdtten for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater, Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of l~mal payment and termination of any coverage required to be main- tained after final payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work, These Certificates and the insurance policies required by this paragraph 11.1 shall contain a provision that coverages afforded under the policies will riot be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If an)' of the foregoing insurance coverages are required to remain in force after final payment and are read, on- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the Final Application for Payment as required by Subparagraph 9.10.2. information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief 11.2 OWNER'S ~ INSURANC~ 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 11.3 PnO~ER'rY INSURAI~7~ 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Con- tract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- untary deductibIes. Such property insurance shall be main- tained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until ftnal payment has been made as provided in Paragraph 9. I 0 or until no person or emity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is earlier, This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work. 11,3.1.1 Property insurance shall be on an ail-risk policy form and shall insure against the pe£ils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work, temporary' buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required u~ess otherwise provided in the Contract Documents. 11.3.1.2 if the Owner does not intend to purchase such prop- erty insueance required by the Contract and with all of the coverages in the amount der<ribed above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub- subcontractors in the ~fork, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs properly attributable thereto, 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles, If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this i~suumce with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs ilot covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles, 11.3.1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall cover portious of the ~rork stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. 11.3.2 BOl~r and M~htn~ry In~mn¢~. The Owner shall purchase and maintain boiler and machineD, insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.3.3 Lo~ of Us~ Insurap,{~. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. 11.3.4 If the Contractor requests in writing that insurance for risk~ other than those described herein or for other special haz- ards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 20 A201-1987 GENERAL CONDITIONS OF ]-HE CONTRACT FOR CONSTRUCTION o FOURTEENTH EDITION © 1987 THE AMERICAN 1IqSTITLVf E OF ARCHITECTS. 1735 NEW YORK AVENUE, N W. WASHING'YON, D.C. ~0OO6 WARNING: Unlicensed photocopying ~!olates U.S. copyright laws and Is subject to legal Fosecatt~n. 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Project, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparag~ph 11.3.7 for damages caused by fire or other perils covered by this separate property insurance. AIl separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.8 Before an eacposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tions, exclusions anri endorsemenr~ related to this Project. Each policy shall contain a provision that the policy will not be cancelled or alioweri tQ expire until at least 30 days' prior w~it- ten notice has been given to the Contractor. 11.3.? Wahte~ of Slibrogatiola. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Arehitect's consultants, separate contractors described in Artide 6, if any, and any of their sub- contractors, sub-subcontractors, agents anri employees, for damages caused by fire or other perils to the extent covereri by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub-subcomractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shal[ deposit in a separate account pro- ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which ca. se the procedure shall be as provided in Paragraph 4,5. If after such loss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order. 11.3,10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as liduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration LS required, the arbitrators will direct such distribution. 11.3.11 partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy Or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMEHT BOND 11.4.1 The Owner shall have the tight to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appeanng to be a potential beneficiary of bonds covering payment of obliga~ lions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portioh of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the XXtork has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before Or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the Architect's services and expenses made necessaor thereby. 12.2.2 If' within one year after the date of Substantial Comple- tion of the Work or riesignated portion thereof, or after the d~te for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall cor~ct it promptly after receipt of written notice from the Owner to do so unless the Owner has previonsly given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed af'(er Substantial Completion by the period of time between Substan- tial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner ~ give such noride promptly after dis. covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are: not in accordance with the requirements of the Contr;ct Documents and are neither corrected by th;: Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fLxed by wdtten notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's seN, ices and expenses made necessao' thereby. If such proceeds of sale do not cove[ costs v~,hich the Contractor should have borne, the Contract Sum shall be reduced by the deficiency.. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.~'.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to :he time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTAHC~ OF NONCOHFORMIHG WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Doctunents, the Owner may do so instead of requiting its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adiustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Prc;ject is located. 13.2 SUCCESr~:}RS AND AS,,~GNS 13.2.1 The Owner and Contractor respectiYely bind them- selves, their partners, sucee~.sors, assigns and legal representa- tives to the other party hereto and to parmers, successors, assigns and legal representatives of :;uch other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either pa~ty attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 Writ tr.H NOTICE 13.3.1 Written notice shall be deemed to have been duly sewed if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by ret(t~tered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder. except as may be specifically agreed in wtiting. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test- lng laboratory or entity acceptable to the Owner, or with the appropriate public authority, an.d shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5. I, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. 22 A201-1987 The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.3 If such procedures for testing, impection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's ~rvices and expenses. 13.6.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Doenment~, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the ArchRect will do so promptly and, where practicable, at the n~rmal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work· 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMM~ OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or f~ures to act occurring prior to the relevant date of Substan- tim Completion, any applicable statute of ~'nitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between ~ubsterltlal Compietlo¢l and Final ~ cate for PI~/ii~nL As to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable statute of ILrnitations shall commence to run and an}, alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Cerltficate fo~ Payment. As to acts or failures to act occurring after the relevant date of issu. ance of the final Certificate for Payment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accruo:l in any and all evems out later than the date of an}' act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION 14.1 'TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Wol~k order comract with the contractor, for any of the fofiowing rea.son.s: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.5 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365-day period, whichever is l~s; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2,1, 14,1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, too[s, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of OO days through · no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations nnder the Contract Documents with respect to matters impor- tant to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may teoninate the Contract if the Contractor: .1 persistently or repeatedly refuses or falls to supply enongh properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors: .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders of a public authority having juris- diction; or .4 otherwise is guilty of subsrantial breach ufa provision of the Contract Docunlents. 14.2.2 xl(rhen any of the above rea.sons exist, the Owner, upon certification by the Architect that suificiem cause exists to ins- A201-1987 23 tiff/such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: ol take posses.s/on of the site and of all materiai$, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .~' accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs · of finishing the Work, including compensation for the Archi- tect's serwicea and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUSPEHSION BY THE OWNER FOR CONVEHIEHCE 14.3.1 The Owner may, without c~u~, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owt~r may determine. 14.3.1~ An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by snspension, delay or interrup- tion. bio adjustment ~ be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or inten'upted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of ~ Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. 24 A201-1987 WARNIHG: Unlicensed p~t=l~ylq Vk~lates LL& copyright ~ ;mci 15 ~ to legal prosecution. 3J87 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) (2) (3) (4) ($) (8) Premises - Operations Independent Contractors Protective. Products and Completed Operations. Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. Owned, non-owned, and hired motor vehicles. Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. BULKHEAD RECONSTRUCTION & RESTORATION F-I .2 .3 Comprehensive General Liability (Including Premises - Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 Each Occurrence $ 1,000,000 Aggregate, Products and Completed Operations. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). Contractual Liability (Hold Harmless Coverage): Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate. Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION: BULKHEAD RECONSTRUCTION & RESTORATION F-2 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS that for (Contractor) and in consideration of the sum of lawful money of the United States of America, to it in hand paid (dollars) by: (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said · and (OwnerlCo~ltracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: or supplements thereto. ,20__ and any admittance IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its hereto affixed and duly attested by and its corporate seal to be its this day of ,20 __ Attest: Principal: BULKHEAD RECONSTRUCTION & RESTORATION PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for BULKHEAD RECONSTRUCTION & RESTORATION at WEST ROAD WICKHAM CREEK PECONIC, NEW YORK 11958 BULKHEAD RECONSTRUCTION & RESTORATION H-1 GENERAL PROVISIONS OF LAWS COVERING WORKERS ON PUBLIC HDRK CONTRACTS INTRODUCTION The Labor Law requires public work contractors and subcontractors to pay laborers, workers or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and supplements (fringe benefits) in the locality Hhere the Hork is performed. RESPONSIBILITIES OF THE DEPARTMENT OF JURISDICTION A Department of Jurisdiction (Contracting Agency) includes a state departmentz agency, board or commission; a county, city, town or viilage~ a school dlstrict, board of education or board of cooperative aducationa/ services; a seHer, Hater~ fire~ improvement and other district corporation~ a public benefit corporation; and a public authority aHarding a public work contract. The Department of Jurisdiction (Contracting Agency)-awarding a public ~ork contract MUST obtain a Prevailing Rate Schedule listing the hourly rates of wages and supplements due the Horkers to be employed on a public work ErO~eCt. This schedule may be obtained by completing and forwarding a ~equest for Hage and SupPlement Information form (PH-~9) to the Bureau of ' Public Hork. The Prevailing Rate Schedule MUST be included in the specifica±ions for the contract to be awarded and is deemed part of the ~ub]ic work contract. Upon the awarding o~ the centract~ the law requires that the Department of Jurisdiction (Contracting Agency) furnish the following information to the Bureau: the name and address of the contractor, the date the contract was let and the approximate dollar value of the contract. To facilitate compliance with this provision of the Labor Law, a copy of the Department's Notice of Contract Let form (PW-16) is provided with the original Prevailing Rate Schedule. The Department of Jurisdiction (Contracting Agency) is required to notify the Bureau of the completion or cancellation of any public work pro~ect. The Department's PH-200 and PW-200.1 forms ara provided for that purpose. HOURS No laborer, worker or mechanic in the employ o~ a contractor or subcontractor engaged in the performance of any public work pro~ect shall be permitted to ~ork more than eight hours in any day or more than ~ive days in any Hack, except in cases of extraordinary emergency. The contractor and the Department o~ Jurisdiction (Contracting Agency) may apply to ~he Bureau o~ Pubiic Hork for a dispensation permitting workers to Hork additional hours or days per week on a particular public work pro~ect. HAGES ANO SUPPLEMENTS The wa~es and supplements to be paid and/or provided to laborers, workers and machan~cs employed on a public work pro3ect shall be not be less than those listed in ~he current Prevailing Rate Schedule for the locality where the work is performed. If a prime contractor on a public work pro~ect has not been provided with a Prevailing Rate Schedule. the contractor must notify the. Department of Jurisdiction [Contracting Agency) ~ho in turn must request an original Prevailing Ra~e Schedule from the: New York State Department of Labor Bureau of Public Hork Sta~e Office Campus, Bldg. 12 Albany, NY 122q0 Upon receiving the original schedule, the Department o~ Jurisdiction (Contracting Agency) is required to provide complete copies to all prime contractors who in turn must provide copies to each subcontractor and obtain an affidavit certifying such schedule was received. Page I The Commissioner of Labor makes an annual determination of the prevailing rates. This determination is in effect from July 1 thru June 30 of the following year. The annual determination is available on the Department of Labor website (wHw.labor.s~ate.nv.us). The prime contractor is required by laH to provide copies of ail applicable county schedules to each subcontractor and to obtain from each and every subcontractor an affidavit certifying that such schedules were received. If the original schedule expired, the contractor may obtain a copy of the neH annual determination from the Department's Hebsi±e. PAYROLLS AND PAYROLL RECORDS Every contractor and subcontractor must keep original payrolls or transcripts subscribed and affirmed as true under penalty of perSur¥. Payrolls must be maintained for at least three years from the project s date of completion. At a minimum, payrolls must show the folloHing information far each person employed on a public work project: ~ Name ~ Classification(s) in which the Horker Has employed ~ Hourly wage rata(s) paid M Supplements paid or provided ~ Daily and weekly number of hours Harked in each classification. Every contractor and subcontractor shall submit to the Department of Jurisdiction (Contracting Agency), within thirty (30) days after issuance of its first payroll and avery thirty (30) days thereafter, a transcript of the original payrolls, subscribed and affirmed as true under penalty of perjury. The 0apartment of Jurisdiction (Contracting Agency) shall receive and maintain such payrolls. ~n addition~ the Commissioner of Labor may require contractors to furnish, Hithin ten days of a request, payroll records sworn to as their validity and accuracy for public Hark and private HOPE. Payroll records include, but are not limited to, time cards, work description sheets, proo~ that supplements Hare provided, cancelled payroll checks and payrolls. Failure to provide the requested information Hithin the allotted ten days Hill result in ~he Hithholding of up to ZSX of the contract~ not to exceed one hundred thousand dollars. If the contractor or subcontractor does not maintain a place of business in NaN York State and the amount of the contract exceeds payroll records and certifications must be kept on the project worksite. The prime contractor is responsible for any underpayments of prevailing Hages or supplements by any subcontractor. All contractors or their subcontractors shall provide to their subcontractors a copy of the Prevailing Rata Schedule specified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8 of the Labor LaH. See Section 2Z0-e(d). All subcontractors engaged by a public work project contractor or its subcontractor~ upon receipt of the original schedule and any subsequently issued schedules, shall provide to such contractor a verified statement attesting that the subcontractor has received the Prevailing Rate Schedule and Hill pay or provide the applicable rates of Hages and supplements specified therein. Sea Section 220-a. ~E~E~M~NATION OF PREVAILING HAGE AND SUPPLEMENT RATE UPDATES APPLICABLE TO ALL OUNI1E5 The Ha~es and supplements contained in the annual determination become effective July 1st whether or not the new determination has been received by a given contractor. Care should be taken to revieH the rates for obvious errors. Any corrections should be brought to the Department's attention immediately. It is ~he responsibility of the public work contractor to use the proper rates. If there is a question on the proper classification to be used, please call the district office located nearest the project. Any errors in the annual determination Hill be corrected and posted to the Department's Hebsite on the first business day of each month. Contractors are responsible for paying these updated rates as Hell, retroactive to July 1st. Hben you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates for which a given set o~ rates is e~fectlve. To the extent possible, the Department posts rates in its possession that cover periods of time beyond the July 1st to June ~Oth time frame covered by a particular annua! Rates that extend beyond that instant time period are informational only and may be updated in future annual determinations that actually cover the then appropriate July 1st to June 50th time period. HITHHOLDING OF PAYMENTS Hhen a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages or supplements may be due. payments on the public work contract shall be withheld from the prime contractor [na sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination. Hhen the Bureau of Public HoPE finds ~hat a contractor or subcontractor on a public work project failed to pay or provide the requisite prevailing wages or supplements, the Bureau is authorized by Sections 220-b and 255.2 of the Labor Law to so notify the financial officer of the Oepartment of Jurisdiction (Contracting Agency) that awarded the public work contract· Such officer MUST then withhold or cause to be withheld from any payment due the prima contractor on account of such contract the amount indicated by the Bureau as sufficient to satisfy the unpaid wages and supplementsz including interest and any civil penalty that may be assessed by the Commissioner BT Labor. The withholding continues until there is a final determination of the underpayment by the Commissioner of Labor or by the court in the event a legal proceeding is instituted for Peview of the determination of the Commissioner o~ Labor. The Department of Jurisdiction (Contracting Agency) shall comply with this order of the Commissioner of Labor or of the court with respect to the release of the funds so withheld. SUMMARY OF NOTICE POSTING REgUIREMENTS The current Prevailing Rate Schedule must be posted in a prominent and accessible place on the site of the public work project. The prevailing wage schedule must be encased in, or constructed of, materials capable of withstanding adverse weather conditions and be titled "PREVAILING RATE OF HAGES" in letters no smaller than two (2) inches by two (2) inches. Every employer providing workers~ compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Honkers~ Compensation Board in a conspicuous place on the Every employer subSect to the New York State Human Rights LaH must conspicuously post at its offices, places of employment, or employment training centers notices furnished by the State Division of Human Eights. Employers liable for contributions under the Unemplo?ment Insurance Law must conspicuously post on the jobsite notices furnished Dy the New York State Department of Labor. APPRENTICES Employees cannot be paid apprentice rates unless they are individually registered in a program registered with the New York State Commissioner of Labor. The allowable ratio of apprentices to ~ourneyworkers in any craft classification can be no greater than the sta~ewide building trade ratios promulgated by the Department o~ Labor and included with the Prevailing Rate Schedule. An employee listed on a payroll as an apprentice who is no~ registered as above or is performing work outside the classification of Honk for which the apprentice is indentured~ must be paid the prevailing ~ourneyworker's wage ra~e for the classification of work the employee is actually performing. Article 8 of the New York State Labor Law requires that only apprentices individually registered with the New York State Department of Labor may be paid apprenticeship rates on a public Honk pro~ect. No other Federal or State Agency or office registers apprentices in New York State. Page Persons Hishing to verify the apprentice registration of an~ person must do so in ar[ting to the: NeH York State Department of Labor Office of Employability Development/Apprenticeship Training State Office Campus, Bldg. Albany, NY 12240 Fax (518) q57-71Sq All requests fop verification must include the name and social security number of the person fop Hhom the i~formation is requested. The only conclusive proof of individual apprentice registration is verification from the Albany Apprenticeship Training Central Off[ce. Federa[ nor State Apprenticeship Training offices outs[de Albany can it should be noted Ghat (he existence of a registered apprenticeship program not conclusive proof that any person is registered in Ghat program. Furthermore, the existence or possess[on of Hallet cards, identification cards er copies of state forms is not conclusive pPoof of ~he reg[sGration of any person as an apprenGice. [NTEREST AND PENALT[ES in the event that an underpayment of Hages and/or supplements is found: ~ [nteres~ shall be assessed et the ra~e (hen in effect, as prescribed by the Super[ntendenG of Banks pursuant to section lq-a of the Banking LaN, pep annum from the date of underpaymenG to the date restitution is made. ~ A Civil Penalty may also be assessed, not to exceed 2SZ of the total of Hages, supplements and interest due. DEBARNENT Any contractor or subcontractor and/or its successoP shall be ineligible submit a bid on or be aHarded any public Hork contract or subcontract H[th any sGate, municipal corporation Or public body fop a period of five years Hhen: ~ THO Hillful determinations have been rendered against thaG contractor or subcontractor and/or [Gs successor H[th[n any consecutive period. ~ There is any Hillful determination ~hat involves ~he falsification of payroll records or the kickback o~ ~ages or supplements. CRININAL SANCTIONS Hillful violations of the Prevailing Hage LaH (Article 8 of the Labor LaN) constitute a misdemeanor punishable by ~ine or imprisonment, or both. DISCRIHINATION No e~loyee or applicant for e~oloyment may be discriminated against on acccunG of age, race~ creed, color, national origin, sex~ disability or marital status. No contractor, subcontractor nor any person acting on its behalf, shall by reason of race. creed, color, disabsl[ty, sex or national origin discriminate against any citizen of the State of Ne~ York Hbo is qualified and available perform the ~ork ~o Nh[ch the e~loymenG ~elates. See Section No contrector~ subcontractor nor any person acting on its behal~ shall in any manner, discrzminate against or intimidate any employee on account of race~ creed, color, disability, sex or natibnal origin. See Section ZZO-e(b). The Human Rights LaH also prohibits discrimination in e~loyment because of age, mariGal status or Page There may be deducted from the amount payable ~o the con,rector under ~he con~ract a penalty of fifty dollars for each calendar day during which such person was discriminated against or intimidated in violation of ~he provisions of ~he con~rac~. See Section The con~rac~ may be cancelled or ~erminated by the S~a~e or municipality. All monies due or to become due ~hereunder may be forfeited for a second or any subsequent violation of the ~erms or condz~ions of ~he an~i-discrimina~ion sections of the contract. See Section 2ZO-e(d). Every employer sub,act to the New York State Human Rights Lan mus~ conspicuously post a~ its offices~ places of employraen~, or employment training cen~ers no~ices furnished by the Sta~e Division of Human Eigh~s. HOEKERS' COMPENSATION In accordance with Section lqZ of the State Finance Law~ ~he contractor shall maintain coverage during the life of the con~ract for the benefit of such employees as required by the provisions of ~he New York State Horkers' Compensation Law. A Contractor who is awarded a public work contrac~ must provide proof of Horkers' compensation coverage prior to being allowed ~o begin work. The insurance policy must be issued by a company authorized to provide workers~ compensation coverage in New York State. Proof of coverage must be on form C-105.2 (Certificate of Horkers~ Compensation Insurance) and mus~ name ~his agency as a certificate holder. 1~ New York S~a~e coverage is added to an existing out-of-s~a~e policy~ i~ can only be added ~o a policy from a company authorized ~o write workers~ compensation coverage in ~his s~a~e. The coverage mus~ be listed under item of ~he information page. The contractor must maintain proof that subcontractors doing Hark covered under ~his contract secured and maintained a workers~ compensation po[icy for all employees working in New York $~a~e. Every e~oloyer providing workers~ compensation insurance and disability benefits mus~ pos~ notices of such coverage in ~he format prescribed by ~he Horkers~ Compensation Board ~n e conspicuous place on ~he ~obsite. UNEHPLOYHENT INSURANCE Employers liable for contributions under the UnempZoy~en~ Insurance La~ mus~ consptcuously pos~ on ~he ~obsi~e no~ices furnished by the New York S~a~e Depar~men± of Labor. PH-20~ (6/01) Page 5 NEW YORK STATE DEPARTMENT OF LABOR Bureau of Public Work State Office Campus, Bldg. 12 Albany, NY 12240 T/O SOUTHOLD JAMES tlC:tlRHON T/O SOU1140LD TOHN HALL P.O. BOX ].179 SOUl140CD SUFFOLK COUNTY AGY. OF JURIS. : ~T o OF PROJ~CT: NY 11971 Schedule Type Dale ol/2z/os Prevailing Rate Case No. 010206q PROJECT :/:D #: N(X4E H~ST ROAD BULKHEAD OF S0' OF BULKI'EAD 014 2002 RE:D~Ie~-H2~IATZON 01 TOHN HEAVY & HHY C:ONS-I, EH & REPA:~R Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith. Sec. 220.$a of the Labor Law requires that cerlain information be furnished to the Commissioner of Labor. Accordingly, you MUST complete ONE of these requests for EACH prime contract let immediately upon notifying a successful bidder for this Public Work project. Photocopy as many blank forms as required to supply one for each contractor. Return this request to the address given above [] Project CANCELLED, POSTPONED or assigned to agency's own employees. If reactivated, new rates and supplements will be requested. [] CONTRACT AWARDED: (check one and indicate date of first legal instrument which bound agency to contract.) [] Letter of Intent [] Contract Signed [] Resolution Work lo be done by this pdme contractor: Type of Contract: CHECK APPLICABLE TYPE [] (01) General Construction [] (02) Heating/Ventilation [] (03) Electrical [] (04) Plumbing [] (05) Other Contractor Information: ALL INFORMATION MUST BE SUPPLIED Federal Employer Identification Number. Name: Address: CONTRACTOR'S TELEPHONE #: ( ) - City: Amount of Contract Approximate Completion Date: / / Estimated Date Entire Project Will be Completed: / / CONTRACTS NOT YET AWARDED Type of Contract (Check all applicable contraot types) [] (01) General Construction [] (02) Heating/Ventilation [] (04) Plumbing [] (05) Other Signature PW-16 (7~00) State: Approximate Starling Date: Zip: / / [] (03) Electdcal Date Page 0i ' ~ Prevailing Rate Schedule New York State Department of Labor .................................. Case Number ................................... 0102064 SUFFOLK 20O2 Prevailing Haga Rates for 07/01/02 - 06/$0/05 INFORMATION ABOUT PREVAILING RATE SCHEDULE This informa±ion is provided to assist you in the interpretation of particular requirements for each classification of worker contained in the attached Schedule of Prevailing Rates. PAID HOLIDAYS Paid Holidays are days for Hhich an eligible employee receives a regular day's pay, but is not required to perform NorA. If an employee works on a day listed as a paid holiday, this remuneration is in addition to paymen~ of the required prevailing rate for the work actually performed. OVERTIME Overtime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required ~here the employee actually performs ,ork on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIME. The required ra~e of pay for ~hese covered holidays can be found in the OVERTIME PAY section listings for each classification. SUPPLEMENTAL BENEFITS Particular at*ention should be given to the supplemental benefit requirements. Although in most cases *he payment or provision of supplements is for each hour worked, some classifications require ~he payment or provision of supplements for each hour paid (including paid holidays on ~hich no work is performed) and/or may require supplements ~o be paid or provided at a premium rate for premium hours worked. EFFECTIVE DATES Hhen you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates for which a given set of rates is effective. The ra±e lis~ed is valid until the nex~ effec±ive rate change or until the neH annual determination ~hich takes effect on July 1 of each year. All con~ractors and subcontractors are requiredto pay the current prevailing rates of wages and supplements. If you have anyques~ions~ please contac* the Bureau of Public Nork or visit the New York S~ateOepartment of Labor ~ebsi±e (www.labor.state.ny.us) for ~urren~ wage Pate information. APPREHTICE TRAINING RATIOS The folloHing are the allo~able ra~ios of registered Apprentices to Journey- workers. For example, the ratio l:l,l:5 indicates the allowable initial ratio is one Apprentice ~o one Journeyworker. The JourneyHorker must be in place on the pro~ec± before an Apprentice is ailoNed. Then three additionaI Journeyworkers are needed before a second Apprentice is allo~ed. The las~ ra~io repeats indefinitely. Therefore, three more Journeyworkers must be present before a ~hird Apprentice can be hired,and so on. Piease call Apprentice Training Central Office at (B18) 457-~820 if you have any questions. Title (Trade) Ratio Boilermaker Mason l=l~l:4 Page 02 ' r Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 0102864 SUFFOLK 2002 Carpenter Electrical (Outside) Lineman Electrician (Inside) Elevator/Escalator Construction & Modernizer GIazier Insulation & Asbestos Honker Iron Honker Laborer Op Engineer Painter Plumber & Steamfitter Roofer Sheet Metal Honker Sprinkler Fitter 1:1,1:4 1:1,1:2 I:I,i:S I:I,i:Z i:i,i:S 1:1,1:4 1:1,1:6 1:1,1:5 1:1,1:5 1:1,1:S 1:1,1:$ 1:1,1:2 1:1,1:3 1:1,1:2 If you have any questions concerning the attached schedule ar would like addztional information, please contact the nearest BUREAU of PUBLIC HORK District Office or write to: New York State Department of Labor Bureau of Public Honk State Office Campus, Bldg. 12 Albany, NY 12240 District Office Locations: Bureau of Bureau of Bureau of Bureau of Bureau of Bureau of Bureau of Bureau oF Bureau of Public Honk - Albany Public Honk - Binghamton Public Honk Buffalo Public Honk - Hempstead Public Honk Rochester Public Hark - Syracuse Public Hark Utica Public Hark - Hhite Plains Publi. c Hark - New York City Public Honk Central Office Updated 01/01/2003 Telephone# FAX # 518-fi57-27~ 607-7Z1-8805 716-847-7159 516-2Z8-3915 585-258-4505 515-4ZS-q056 ~lS-793-231q 914-997-9507 212-352-6088 518-457-5589 5/2~/2001) NOTES Admin. 51B-485-0240 607-721-8004 716-847-7650 516-79q-3518 585-258-~708 ~15-~28-4671 315-793-2342 914-997-9523 212-352-6186 518-q85-1870 OVERTIME/HOLIDAY CODES OVERTIME Following is an explanation of the code(s) listed in the OVERTIME section of each classification contained in the attached schedule. Additional requirements may also be listed in the HOLIDAY section. A ) Time and one half of the hourly rate after 7 hours per day. AA) Time and one half of the hourly rate after 7 and one half hou~s per day. B ) Time and one half of the hourly rate after 8 hours per day. B1) Time and one half of the hourly rate for the 9th S loth hours week days and the 1st 8 hours on Saturday. Double the hourly ra~e for ali additional hours. ( C ) Double the hourly rate after 7 hours per day. [ C1) Double the hourly rate after 7 and one half hours per day. ((D )Ol) Double the hourly rate after 8 hours per day. Double the hourly rate after 9 hours per day. .~ Page 03 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number 010206q SUFFOLK 2002 Time and one half 1st ~ hours on Saturday, Double the hourly rate ail additional Saturday hours. ( EZ) Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather. (ES) Between November 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost during that Heek due to inclement weather, provided a given era~loyee has worked between and ~2 hours that week. (Eq) Saturday and Sunday may be used as a make-up day at straight time Hhen a day is lost durzng that week due to inclement weather. F Time and one half of the hourly rate on Saturday and Sunday. Time and one half of the hourly rate on Saturday and Holidays. Time and one half of the hourIy rate on Saturday, Sunday, and Holidays. Time and one half of the hourly rate on Sunday. J Time and one half of the hourly rate on Sunday and Holidays. Time and one half of the hourIy rate on Holidays. Double the hourly rate on Saturday. M Double the hourly rate on Saturday and Sunday. Double the hourly rate on Saturday and Holidays. Double the hourly rate on Saturday, Sunday, and Holidays. P Double the hourly rate on Sunday. Double the hourly rate on Sunday and Holidays. Double the hourly rate on Holidays. S Two and one half times the hourly rate for Holidays, if worked. Si) Two and one half times the hourly rate the first B hours on Sunday or Holidays. One and one half times the hourly rata all additional hours. T ) Triple the hourly rate for Holidays, if worked. ~ ) Four times the hourly rate for Holidays, if worked. ) Including benefits at SAME PREHIUH as shown for overtime. H ) Time and one half for benefits on ail overtime hours. NOTE:BENEFITS are PER HOUR HORKED,for each hour Horked, unless otherwise noted HOLIDAYS PAID Holidays: Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not requzrad to perform wort. If an e~koloyee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed. OVERTIHE Holiday Pay: Overtime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required where the e~toloyee actually performs work on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTINE. The required rate of pay for these covered holidays can be found in the OVERTINE PAY section listings for each classification. FolloNing is an explanation of the code(s) listed in the HOLIDAY section of each classification contained in the attached schedule. The Holidays as listed beloH are to be paid at the wage rates at which the employee is normally classified. I None. 2 5 6 7 8 9 Labor Day. ~ Memorial Day and Labor uay. Memorial Day and July qth. Memorial Day, July q~h~ and Labor Day. New Year's Day, Thanksgiving Day, and Christmas Day. Lincoln's Birthday, Hasbington~s Birthday, and Veterans Day. Good Friday. Lincoln's Birthday. , Page O~ ~ Prevailing Rate Schedule New York State Department of Labor .................................. Case Number ................................... 0102064 SUFFOLK 20O2 10 11 12 lB 16 17' 18 19 20 21 22 Hashington's Birthday. Columbus Day. Election Day. Presidential Election Day. 1/2 Day on Presidential Election Day. Veterans Day. Day after Thanksgiving Day. July 4th. 1/2 Day before Christmas Day. 1/2 Day before New Years Day. Thanksgiving Day. HeN Year's Day. Chris~mas Day. Day before Chris~mes. Day before NeH Year's Bay. Presidentsf Day. Martin Luther King, Jr. Day. Updated 01/01/2003 Asbestos Horker NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs HAGES= (per hour) 7/01/02 Asbestos Horker ......... $$6.11 OVERTIME: See ( C, O, T~, V ) on OVERTIME PAGE. ~ overtime code T applies to Labor Day only if ~orked. HOLIDAYS: Paid: Overtime: See ( I ) on HOLIDAY PAGE. See ( 5, 6. 9, 11. 15, 16, 25 ) on HOLIDAY PAGE. For Rem./Abatement: See ( 1 ) on HOLIDAY PAGE. APPRENTICES:( 1 )year ~erms a* the following percentage of Journeyman's rates. 1st 2nd 3rd qth 40% 60% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman .............. $ 20.89 Appren±ices ............. Same X as Hages of ~ 20.89 HAGES (per hour) 7/01/02 12/01/02 Rem./Aba~ement only~ ...... $ 23.00 Addi(. $1.00 per hr. ~On mechanical systems ~hat are not to be scrapped. o~her removal or abatement refer to Laborer Asbestos Aba~emen(. OVERTIME: Rem./Abatement: Time and One-Half after 8 hours per day and after 5 ~ork days per Heek. ' I Prevailing Rate Schedule Page 05 New York State Department of Labor .................................. Case Number ............. ~ .................... 010206q SUFFOLK 2002 Journeyman Rem & Abatement .......... $ 6.20 9-12 Updated 01/01/2003 Boilermaker DUTCHES$ COUNTY: NASSAU COUNTY: NEH YORK CITY: ORANGE COUNTY: PUTNAM COUNTY: ROCKLAND COUNTY: SUFFOLK COUNTY: SULLIVAN COUNTY= ULSTER COUNTY: HESTCHESTER COUNTY: HAGES: (per hour) Entire County Entire County Entire 5 Boroughs Entire County Entire County Entire County Entire County Entire County Entire County Entire County 7-01-02- 6-30-05 Boilermaker ........... $ 35.69 OVERTIME PAY: See ( B~, O. E. Q ) on OVERTIME PAGE. NOTE:( ~ ONLY ON REPAIR HORK) HOLIDAYS: Paid: Overtime: See ( 8, 16, 25, 2q ) on HOLIDAY PAGE. See (0`~ 6, II, 12, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1/Z ) year terms ak the foIlo~ing percen*age o4 5ourneyman~s wage. Is~ 2nd 5rd 0`th S~h 6~h 7th 8~h 65% 65% 70% 75% 80% 85Z 90% 95% SUPPLEMENTAL BENEFITS: (per hour worked) $ 0`.59 + 0,7 X of wage rate q-5 Updated 01/01/2003 Carpenter - Building and Heavy Highway NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County HAGES: (per hour) 7-01-02- 6-30-03 Building ' ~ Prevailing Rate Schedule Page '0_ NeH York State Department of Labor .................................. Case Number .............. 010206q SUFFOLK 2002 Carpenter .......... ~ 52.42 Heavy/HighHay: Carpenter .......... $ 52.42 OVERTIHE PAY: See ( B, Et Q ) on OVERTIME PAGE. NOTE: ON NEH YORK STATE DEPARTHENT OF TRANSPORTATION AND OR, ANY GOVERNMENT MANDATED OFF SHIFT HORK THE FOLLOHING RATE(S) SHALL APPLY= Monday thru Friday 4=OOpm to [2:OOam ...... $ 56.51 HOLIDAYS: Paid= See ( 18,19 ) on HOLIDAY PAGE. Overtime: See ( 5,6,16,25,24,25 ) on HOLIDAY PAGE. APPRENTICES : ( 1 ) year terms at the folloHing Percentage of Journeyman's Hage= Building Heavy/~ighHay 1st yr 402 40% 2nd yr 55X 55% 4th y~ 752 75% SUPPLEMENTAL BENEFITS: (per hour Horked) Journeyman $ 22.29 Appr ls~ & 2nd terms 10.90 Appr ~rd 8 ~th terms 10.90 4-SUF Updated 01/01/2005 Carpenter - Dockbuilder ALBANY COUNTY: DUTCHESS COUNTY= NASSAU COUNTY: NEH YORK CITY: ORANGE COUNTY: PUTNAM COUNTY: ROCKLAND COUNTY: SCHENECTADY COUNTY= SUFFOLK COUNTY: HESTCHESTER COUNTY: RENSSELAER COUNTY: HAGES: (per hour) Enti~e County Entire County Entire County Entire 5 Boroughs Entire County Entire County Entire County Entire County Entire County Entire County City of Troy Piledriver ................ Dockbuilder ............... 7/01/02 55.q8 OVERTIME PAY: See ( B, E2, 0 ) on OVERTIME PAGE. · Page 07 = Prevailing Rate Schedule NeH York S~ate Department of Labor .................................. Case NurSer ............. 010206q SUFFOLK 2002 HOLIDAYS: Paid: See ( 18, 19 ) on HOLIDAY PAGE. Paid: See ( 5, 6, 11, 15, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices Overtime: See ( 5, 6, 11, 15, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: wage. Is~. 1 ) year terms a~ ~he following bercentage of Journeymants 2nd. 5rd. qth. 50% 65% 80X SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ............... $ 2S.6q Apprentices .............. 16.$9 9 - 1~56 Undated 01/01/2005 Carpenter - Floor Coverer DUTCHESS COUNTY: Entire County NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs PUTNAM COUNTY: Entire County ROCKLAND COUNTY: Entire County SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 7/01/02 Carpat/Resilien± Floor Coverer ................ $ ~5.09 OVERTIME PAY: See ( B, E, Q ) on OVERT[ME PAGE. HOLIDAYS: Paid: See ( Paid: See ( Overtime: See ( 18, 19 ) on HOLIDAY PAGE. 5, 6, 11, 12, 16, 18, 19, 25 ) for ls± & Znd yr. Appren*ices 5, 6, 11, 15, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ~erms at the following percentage of Journeyman's Hage. 1st. 2nd. Std. ~th. ~0% 50% 65% BOX SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................ $ 25.6q Apprentices ............... 16.$9 9 - 2287 Updated 01/01/2005 ' ~ Prevailing Rate Schedule Page 08 NeH York State Department of Labor .................................. Case Number ................................... 010206q SUFFOLK 2002 Carpenter - Harine Construction/Diver NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs PUTNAH COUNTY: Entire County ROCKLAND COUNTY: Entire County HESTCHESTER COUNTY: Entire County SUFFOLK COUNTY: Entire County NAGES: (per hour) 7/01/02 Harine Construction: Marine Diver .................. $ 41.17 " ~' Tender ............ $ 50.~9 OVERTIME PAY: See ( 8, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 18, 19 ) on HOLIDAY PAGE. Paid: See ( 5, 6, 10, 11, 15~ 16, 18, 19 ) for 1st & 2nd yr. Apprentices Overtime: See ( 5, 6, 10, 11, 15, 16, 18, 19 ) on HOLIDAY PAGE. APPRENTICES: (1) year terms at ~he following percentage of the journeyman's wage. ls~ 2nd ~rd 4th 40% SOZ 65% 80% SUPPLEMENTAL BENEFITS: (Der hour paid) Journeyman ................. ~ 25.64 Apprentices ............... 16.59 9 - 1456 Updated 01/01/2005 Carpenter - Millwright NASSAU COUNTY: Entire County NEH YORK CITY: Entire County PUTNAM COUNTY: Entire County ROCKLAND COUNTY: Entire County SUFFOLK COUNTY: Entire County HESTCHESTER COUflTY: Entire County HAGES: (par hour) 7/01/02 Building: Millwright .................... $ 55.21 OVERTIME PAY: See ( B, E, E2, q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 18, 19 ) on HOLIDAY PAGE. Paid: See ( 5, 6, 11, 1~ 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices Overtly: See ( 5~ 6, 11, 15~ 16~ 18~ 19, 25 ) on HOLIDAY PAGE. Page 09 ' ~ PrevaiIing Rate Schedule NaN York State Department of Labor .................................. Case Number .................................. OlOZO6q SUFFOLK 2002 APPRENTICES: Is:. 55% 1 ) year terms at the folloNing percentage of Journeyman*s 2nd. 5rd. qth. 65% 75X 95X SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................. $ 25.96 AppP 1st term ............. 17.Z2 Appr 2nd (arm ............. 18.85 Appr ~rd (erm ............. 21.18 Appr qth ~erm ............. 25.70 9-740.I Updated 01/01/2002 Carpenter - Timberman NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire Coun(y HESTCHESTER COUNTY: Entire County HAGES: (per hour) 7/01/0l Timberman .................. $ ~0.59 OVERTIME: See B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See Paid: See Overti~: See 18, 19 ) on HOLIDAY PAGE. B, 6, 11, 15, 16, 18, 19, 25 ) for ls~ & 2nd yr. ApDren(ices 5, 6, 11, 15, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 Znd. 50% ) year terms at the folloNing percentage of Journeyman's 5rd. qth. 65% 80X SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................ $ 25.6q Apprentices ................ 16.59 g - 1556 Updated 01/01/2005 Core Driller ORANGE COUNTY: Sou(h of but including ~he following. Materloo Mills, Slate Hill, NaN Hamp*on, Goshen, Blooming Grove, MounAainvzlle, eas~ ~o the Hudson River. PUTNAM COUNTY: Sou~h of bu~ including the folloHing~ Cold SpPing~ Tompkins Corner, Mahopac, Cro~on Falls, eas~ to Connec~icu~ border. Page lO ~ t Prevailing Rate Schedule New York State Department of Labor .................................. Casa Number .................................. 010206~ SUFFOLK 2002 SUFFOLK COUNTY: Hast of Port Jefferson and Patchoque Road to Route 112 to the Atlantic Ocean. NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs ROCKLAND COUNTY: Entire County HESTCHESTER COUNTY: Entira County HAGES: (per hour) 10/16/01 Core Drilling: Driller .................. $ 2~.75 Helper ................... 20.q7 Note: Hazardous Haste Pay Differential: For Level ~, an additional $ 0.25 per hour For LevelB' an additional .75 per hour For Level A, an additional 1.00 per hour Note: Mhen required to work on Hater: an additional $ 0.25 per hour. OVERTIME PAY: See ( B, E, K~, P, R~ ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6 ) on HOLIDAY PAGE. Overtime: ~ See (5~ 6 ) on HOLIDAY PAGE. N~ See ( B, 10, 11, 15 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 9.59 9-1556 Updated 01/01/2003 Electrician NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County HAGES: [per hour) 7-Ol-OZ- 5-0~-03- 5-02-03 5-Oq-O~ Electrician ............ $ 59.00 $ ql.O0 Fire Alarm ............. 59.00 ql.O0 Audio/Sound ............ 59.00 ql.O0 OVERT[ME PAY: See ( B,E,Q,V~ ) on Overtime Page. HOLIDAYS: Paid: See ~ i ) on HOLIDAY PAGE. Overtime: See ( 5~6~12,16,25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms ak the ~ollowing percentage o~ Journeyman's wage. 1st 2nd Srd qth Sth 6th 55% qO% q5% 50% 60% 70% SUPPLEMENTAL BENEFITS: (percents based on hourly wages/others per hour) Journeyman qS.5% + qS.5Z + $ 5.2q~ $ 5.qq~ ': Prevailing Rate Schedule Page 11 NeH York State Department of Labor .................................. Case Number ............. ~ .................... 010206q SUFFOLK 2002 App Ist yr 12.OX + 12.0% + $ 2.70~ $ 2.90~ App 2nd yr 21.5% + 21.5% + ~ ~.59~ $ $.79~ App 3rd yr q~.5% + q~.S% + App qth yr q$.5% + q5.5% + App 5th yr q3.5% + q~.5% + App 6th yr q3.5% + 45.5% + PUMP S TANK HORK Journeyman ....... 7-01-02- 5-05-03 $ ~1,30 OVERTIME~ See ( B, E, HOLIDAYS= Paid: ( 1 ) Overtime: ( APPRENTICES: One ( 1 rate. 1st 2nd ~rd ~th 5t qO% 50% 60% 70% 85% SUPPLEMENTAL BENEFITS= per hour worked. 50 1/2% of hourly rate Q ) on OVERTIME PAGE. i6, 25 ) on HOLIDAYS PAGE. ) year terms at the following percent of ~ourneyman's q-25 Updated 01/01/2005 Electrician - Lineman NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County For Utility Distribution & Transmission Line Construction. HAGES; (per hour) 7-01-02- q-O6-O3- q-05-03- Lineman / Splicer ............... $ 51.10 $ 3~.15 Material Man .................... 28.80 29.71 Heavy Equip.Operator ............ 26.q8 27.52 Groundman ....................... 19.86 20.q9 Flagman ......................... lq.90 15.~7 OVERTIME PAY: See ( B,Q ) on OVERTIME PAGE. Page 12 ': Prevailing Rate Schedule New York State Depar~men~ of Labor .................................. Case Number .............. ~ ................... 0102064 SUFFOLK 2002 HOLIDAYS: Paid: Overtime: See ( 5,6,8,16,2~,25,26 ) on Holiday page. See ( I ) on Overtime Page. APPRENTICES: 1000 hour Periods a~ the following Percentage of Journeyman's Hage. 1st. 2nd. 5rd. 4th. 5th. 6~h. 7th. 60Z 65Z 70X 75Z 80X BSZ 90Z SUPPLEMENTAL BENEFITS: (percents based on gross wages-o~hers per hour) 22.50Z + 22.50Z $ 4.45 $ 5.24 Underground Natural Gasline Mechanic (2" or less): Journeyman U.G.Mechanic ....... OVERTIME: See ( B, E, E2, P ) HOLIDAYS:= 7-01-02- 6-50-05 27.52 Paid: See ( 5, 6, 8, 9, 10~ 11~ 16 ) on Holiday Page. Overtime= See (i ) on Overtime Page. Supplemen*al Benefits: ( per hour worked ) 25.0Z + $ fi. O0 fi-1049 line Updated 01/01/200~ Electrician - Maintenance NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County "PLEASE NOTE" Applicable to electrical maintenance o~ existing electrical systems including, but not limited to ~Pa~ic signals ~ s~ree~ ligh*ing. HAGES: (per hour) 7-01-02- 4-25-03 4-30-04 Electrician ........ $ 50.76 $ 52.50 OVERTIME PAY: See ( B, H, ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, ~6, 25 ) on HOLIDAY PAGE. Page 13 ' Prevailing Ra~e Schedule New York S~a~e Depar~men~ oF Labor .................................. Case Number ............. ~ .................... 010206~ SUFFOLK 2002 APPRENTICES: ( 1 ) year ~erms a~ ~he Following ~age. ls~ 2nd 3rd q~h 5~h qO% 50% 60% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) of Hage + 29% of Hage + 295 2.09 $ 2.21 q~Z5m Updated O1/O1/ZQ03 EIeo~rician - Telada~a NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County "PLEASE NOTE" This ra~e does no~ apply ~o construction of a new building or a maSor renovation of an existing one. In ~hose cases ~he regular ElecArician ra*e applies, Please call Hemps*amd Dis~ric~ Office a~ (516)ZZB-3915 or Fax a~ (816)794-351B ~o ensure proper rare. HAGES: (per hour) 7-01-02- 6-30-05 (Telephone and Integra±ed Tele-Da~a Systems) Journeyman ........... $ 28.69 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See (1) on HOLIDAY PAGE. Over±irne: See (5,6,11,12,16,Z5)) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour Horked) Journeyman q7.SZ + $ 0.83 q-25 Updated 0[/0[/2003 Electrician - Tree Trimmer NASSAU COUNTY: Entire County SUFFOLK COUNTY= Entire County HAGES: (per hour) 7-01-0Z- 6-30-03 (TREE TRIMMER) Line Clearance Specialis~ .......... $ 20.q4 ' ~ Prevailing Rate Schedule Page lq New York Sta~e Department of Labor .................................. Case Number .............. ~ .................... 0102066 SUFFOLK 2002 OVERTIME: See B, E, P, T ) on OVERTIME PAGE. HOLIDAYS: Paid: See Overtime: See ~, 6, 8. g, 10. 11. 16, ) on HOLIDAY PAGE. ) on OVERTIHE PAGE. SUPPLEMENTAL BENEFITS= (per hour worked) 12.5% + $ q.~7 q-lOq9 Updated O1/O1/200B Elevator - Constructor ROCKLAND COUNTY: Entire County except for the Township of Stony Poin~ MESTCHESTER COUNTY: Entire County except for the Townships of Bedford, Lewisboro, Cortland, M~. Kisco, North Salem, Pound Ridge, Somers and Yorktown. NASSAU COUNTY: Entire County NEH YORK COUNTY: Entire 5 Boroughs SUFFOLK COUNTY: Entire Coun%y HAGES: (per hour) 7/01/02 Elevator Constructor .............. $ $9.50 "Modern. & service ............ $ 51.96 Apprentice: (6) month terms at the following percentage of Journeyman's wage. 1st 2nd ~rd q~h 5th 6th 7th 8th 9th loth 50% 60% 65% 70% 75% 75% 75% 75% 75X 75~ OVERTIHE PAY: CONSTR. See ( C, 0 ) on OVERTIME PAGE. OVERTIME PAY: MODERN./SERV. See ( B, H ) on OVERTIME PAGE. HOLIDAYS: Pald: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. SUPPLEHENTAL BENEFITS: (per hour worked) Journeyman and Apprentices: Construction ................... $ 16.735 ~pr. 1st year ................ 11.~05 Dr. 2nd year ................ 12.~5 Appr. ~rd %ear ................ 15.595 Appr. qth year ................ Appr. Sth year ................ Modern./Service ................ i5.7~5 AAppr. 1st year ................ 10.785 ppr. 2nd year ................ Ii.qq5 '~ PrevaiIing Rate Schedule New York Stata Department o~ Labor .................................. Casa Numbar ..... £ ....... ~ ..................... 010206q SUFFOLK 2002 Appr. 3rd yaar ................ 12.305 Appr. qth year ................ 1~.605 Appr. 5th year ................ lq.~65 g-1 Updatad Glazier DUTCHESS COUNTY: Entire county NASSAU COUNTY: Entire county NEH YORK CITY= Entire 5 boroughs ORANGE COUNTY: Entire county PUTNAM COUNTY: Entire county ROCKLAND COUNTY: Entire county SUFFOLK COUNTY: Entire county SULLIVAN COUNTY: Entire county ULSTER COUNTY= Entire county HESTCHESTER COUNTY: Entire county HAGES: (per hour) 5/01/02 Glazier .................. $ 52.20 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE. HOLIDAYS: Paid: Overtime: See ( 1 ) on HOLIDAY PAGE. See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the folloHing percentage of Journeyman's wage. 1st 2nd Srd qth qO% 50% 60% 80% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............. $ 20oI2 Appr Ist term .......... 6.~5 Appr 2nd term .......... 12.~9 Appr 5rd term .......... lq.O1 Appr qth term .......... 17.q7 9-1087 (DC9 NYC) Updated 01/01/2005 Ironworker - Oerrickman/Rigger NASSAU COUNTY~ Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HESTCNESTER COUNTY: Entire County Page 16 'l Prevailing Rate Schedule Ne~ York State Department of Labor .................................. Case Number .............. k ................... 010206q SUFFOLK 200Z HAGES: (per hour) 7/01/0Z Derrickman/Rigger .......... $ ~Q.q6 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: Paid: Overtime: See ( 1 ) on HOLIDAY PA~E. See ( 5, 6, 8, iO ) on HOLIDAY PAGE. APPRENTICES: Hage. 50Z ( 1/2 ) year terms at ~he folIoNing percentage of ~ourneyman's 2nd ~rd qth 5th 6th 60% 70% 80Z 90Z 90Z SUPPLEMENTAL BENEFITS: (per hour worked) $ 26.ql 9-197 Updated 01/01/2005 Ironworker - Ornamenta! NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 7/01/02 Ornamental ................. $ qO.1S Chein Link Fence ........... 40.15 Guide Rail Installation .... 40.15 OVERTIME PAY: See ( A, D1, EX, Q, V ) on OVERTIME PAGE. ~Double time after 7 hours on Saturday. HOLIDAYS: Paid: See Overtime: See 1 ) on HOLIDAY PAGE. 5, 6, 8 ) on HOLIDAY PAGE. APPRENTICE (1/2 Hage. 1st. 2nd. 60% 65% year terms at the following percentage of Journeyman's Srd. q~h. 5th. 6th. 70% 80% 85% 95% SUPPLEMENTAL BENEFITS: (per hour Norked) Journeymen .............. Appr 1st ~erm ........... 16.94 Appr 2nd term 17,24 AAppr 5rd term ........... 17.55 ppr 4th term ........... 18.17 Appr 5~h term ........... 1B.~8 Page 17 '~ Prevailing Rate Schedule New York State Department of Labor .................................. Case Humber .............. . .................... 0102064 SUFFOLK ZOOZ Appr 6th term ........... 19.09 9-580 Updated O1/O1/ZOOS Ironworker - Reinforcing ROCKLAND COUNTY: Southern Section NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 7/01/01 Reinforcing 8 Metal Lathzng ............. $ 55.05 OVERTIME PAY: See ( A, E, P, V ) on OVERTIME PAGE. HOLIDAYS: Paid: Overtime: See ( I ) on HOLIDAY PAGE. See ( 5, 6, 8, 10, 11, 15, lB, 19 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates. 1st 2nd 5rd 4th $20.80 $25.00 $26.q5 $29.90 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............ $ 21.~5 Apprentices: 1st term .............. 15.45 2nd ~erm .............. 15.68 5rd term .............. 16.68 qth term .............. 17.68 9-q6 Updated 01/01/2003 Ironworker - Structural NASSAU COUNTY: Entire County NEN YORK CITY= Entire 5 Boroughs SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 1/01/02 Structural ................ $ 45.80 Riggers ................... 45.80 HacEinery Novers .......... ~5.80 " " Erectors ........ ~5.80 OVERTIME PAY: See ( B, Ex, Q, V ) on OVERTIME PAGE. ~ for Ist 8 hours, double ~ime ~hereafter. PaDe 18 '~ Prava~linD Ra~e Sohedule Na~ York S~a~a De~ar~men~ o~ Labor .................................. Case Number ............... 010206~ SUFFOLK 2002 HOLIDAYS= Paid: See ( 18, 19 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8, 18, 19 ) on HOLIDAY PAGE. APPRENTICES: $ 25.65 ( 1/2 ) year ~erms at the folloHing Hage. 2nd. 3rd. 4~h. Bth. 6th. 24.25 24.25 24.85 24.85 24.85 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............... $ 24.25 Apprentices ............. 19.08 9-40/361 Updated 01/01/2003 Laborer - Building NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County HAGES: (per hour) 7-01-02- 06-30-03 Building Laborer: $ 24.00 ~(For Abatement Rate See BeloH) OVERTIME PAY: See ( A, E, E2, 0 ) on 0VERTINE PAGE. HOLIDAYS: Paid= See ( i ).on HOLIDAY PAGE. Overtime: Sea ( 5,6,7,11,12 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour ~orked) $ 16.91 APPRENTICES: Regular Hour Terms ( NoG available for Aba~emen* Hork) TERMS HAGES/HR SUPPLEMENTS/HR 1 hr. to 1000 hrs ............ $ 14,00 $ 6.00 lOO1 hrs. to 2000 hrs. 15.00 7.00 2001 hrs. to 3000 hrs. 17,00 7,00 3001 hrs. to 4000 hrs. 20.00 7.00 ~ABATEMENT ONLY Abatement Hork Only: Supplemental Benefits: ( per hour Horked ) Updated 01/01/2003 07-01-02- 12-01-02- 11-30-02 11-30-03 24.00 $ 1.00 adtl. $ q. O0 $ 4.00 4-66 Laborer - Excava~ioh Page 19 '~ Prevailing Rate Schedule Ne~ York State Department of Labor .................................. Case Number ............. ~ .................... 010206~ SUFFOLK 2002 NASSAU COUNTY: Entire Coun±y NEH YORK CITY: Entire County SUFFOLK COUNTY: Entire County HAGES: (per hour) 7/01/02 Laborer/Excavation: Basic .......................... $ 28.7~ Flagman ........................ 28.7~ Pipelayer ...................... 2B.7~ Tree Hork, Landscape ........... 2B.7~ OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS= Paid= Overtime: See ( 2, 20 ) on HOLIDAY PAGE. See (5~ 6, 11, 15 ) on HOLIDAY PAGE. APPRENTICES: ls~ 1000 hour terms at the Following percentage of journeyman's 2nd ~rd qth 60Z 75Z 90Z SUPPLEMENTAL BENEFITS: (per hour Horked) $ 1~.6~ 9-751Ex Updated 01/01/2002 Laborer - Free Air NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County GROUP A: Blasters. GROUP B: Tunnel workers ~ ~ (including Miners, Drill Runners, Iron Men, Maintenance Men, Conveyor Men, Safety Miners, Riggers, Block Layers, Cemen~ Finishers, Rod Men, Caulkers, PoHder Carriers, Mzners~ Helpers, Chuck Tenders, Track Men, Nippers, Brake Men,Derail Men~ Form Men, Bottom Bell. Top Bell or Signai men. Form Horkers, Movers, Concrete Horkers~ Shaft Hen, Tunnel Laborers and Caulkers' Helpers). GROUP C: PoHder Hatchmen, Top Laborers and Changehouse Attendants. HAGES: (per hour) 7/01/9g- 7/01/00 7/01/01 Laborer (Tunnel)-FREE AlE= addit, addit. Group A ...................... $ 26.05 2.2~7/hr 2.2qT/hr Group B ...................... $ 2q.90 2.15/hr 2.15/hr Group C ...................... $ 25.005 1.99/hr 1.g9/hr Small Bore Micro Tunnel Machines For Repairs on Existing Hater Tunnels 80% of rates above 90% of rates above Page'ZO '[ Prevailing Rate Schedule Ne~ York State Department of Labor .................................. Case Number .............. ~ ................... 010206q SUFFOLK 2002 For Repairs of SeHer & Drainage Tunnels For Repair & Maintenance of all SubHay & Vehicular Tunnels 85% of rates above 80~ of rates above OVERTIME PAY: For Laborer (Free Air) See ( D. H. R* ) on OVERTIME PAaE. For Repair Categories See (B~ F~ R~ ) on OVERT]ME PAGE. S Micro Tunneling ~ Straight time firs~ B hours, double time after B hours. HOLIDAYS: Paid: Overtime: See ( 11, 12, 15, 25 ) on HOLIDAY PAGE. 12, 15, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS GROUP A 26.18Z of straight time hourly rate + $17.585 per hour paid + .2B per hour Horked + 3.00 per day + .16 per hour on Overtime Hours. GROUP B 26.18% of straight time hourly rate + $16.B2S per hour paid + .28 per hour Horked + 3.00 per day + .16 per hour on Overtime Hours. GROUP C 26.18X of straight time hourly rate + $iB.Bq6per hour paid + .28 per hour ~orked + 3.00 per day + .16 per hour on Overtime Hours. Small Bore Micro Tunnel Machines 802 of rates above For Repairs on Existing Hater Tunnels 90X of rates above For Repairs of Sefler S Drainage Tunnels 85% of rates above For Repair 8 Maintenance of ail SubHay 8 80% of rates above Vehicular Tunnels 9-1fi7Tnl/Free Updated 01/01/2003 Laborer - Heavy High~ay NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County Laborer (Heavy/High~ay): GROUP # l: Asphal~ Rakers and Formsetters. GROUP fl 2: Asphalt Shovelers, Roller Boys and Tampers. GROUP # 3: Basic Laborer, PoKer Toot, Trackmen, Landscape, Pipelayer, Jackhammer and Concrete. '~ Prevailing Ra~e Schedule New York S~a~e Oepar~men~ o* Labor .................................. Case Number ............. 010206~ SUFFOLK 2002 WAGES: (per hour) 7-01-02- 6-~0-03 Laborer: GROUP # 1 ............. $ 28.12 GROUP # 2 ............. Z7.~O GROUP # ~ ............. 25.25 NOTE: PREMIUM PAY ZO% on s~raioh~ ~ime hours for NEW YORK STATE D.O.T and o~her GOVERNMENTAL MANDATED o~+-shif~ work. APPRENTICES: ( i ) year ~erms a~ ~he following Percentages of Journeymans Mage. ls~ year .......... BOX Znd year .......... 90% OVERTIHE PAY: See ( G, E2, F ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( ! ) on HOLIDAY PAGE. Overtime: See ( 1 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) (A~er for~y hours paid) $ 1~.77 $ 9.17 q-1298 Updated Oi/Oi/200~ Laborer - Tunnel Compressed Air NASSAU COUNTY: Entire County NEH YORK CITY: Entire S Boroughs SUFFOLK COUNTY: Entire County GROUP 1: Blasters, Mucking and Machine Opera~ors. GROUP Z: Tunnel Horkers~ ~ (including Miners, Drill Runners,Iron Men, Maintenance Men, Inside Muck Lock Tender, Pumpmenz Electricians, Cemen~ Finishers, Rod Men, Caulkers, Carpenters. Hydraulic Nan, Shield Drivers~ Monorail Opera~ors, Mo~or Men, Conveyor Men, Sa*a~y Miners, PoNder Carrmers, Pan Hen, Riggers, Miner's Helpers, Chuck Tenders, Track Men, Nippers, Brake Men, Form Workers, Concrete Workers, Tunnel Laborers, Caulker~s Helpers), Hose Men, Grou~ Men, Grave] Men, Derail Men and Cable Men. GROUP $: Top Nipper GROUP q= Outside Men Lock Tende~ Outside Muck Lock Tender, Shaf~ Men,Gauge Tender and S~gnai Men. GROUP 5: PoNder Henchmen, Top Laborers and Changehouse A~endan~s. WAGES: (per hour) 7/01/99 7/01/00 7/01/01 Laborer(Compressed Air): addit, addi~. GROUP 1 ..................... $ 27.ZB6 Z.55/hr 2.55/hr GROUP 2 ..................... 2G.525 2.27/hr 2.Z7/hr GROUP $ ..................... 25.8~7 2.ZS/hr 2.25/hr Page 22 '~ Prevailing Rate Schedule New York S±a~e Department of Labor .................................. Case Number .............. ~ ................... 010206~ SUFFOLK 2002 GROUP q ..................... 25.37 2.19/hr 2.19/hr GROUP 5 ..................... 22.975 1.99/hr 1.99/hr OVERTIME PAY: See ( D, M~ R~ ) on OVERTIME PAGE. NOTE: Time and one-half to be paid for a11 overtime repair-maintenance work on existing equipment and facilities, ~ Straight ~ime first 8 hours, double time a~ter 8 hours. HOLIDAYS: Paid: Overtime: See ( 5, 6, 9, 11, 12, 15, 25 ) on HOLIDAY PAGE. See (5' 6~ 9~ 11, 12, 15, 25 ) on HOLIDAY PAGE. GROUP 2 GROUP 3 GOURP q SUPPLEMENTAL BENEFITS : GROUP 1 26.18% of hourly rate + $ 18.ql per hour paid + .28 per hour worked + 3.00 per day+ .16 per Overtime Hour . 26.1B% of hourly rate + $17.7B per hour paid + .28 per hour ~orked + 3.00 per day+ .16 per Overtime Hour 26.1B% of hourly rate + $17.q55 Der hour paid + .28 per hour worked + 3.00 per day + .16 per overtime hour 26.1B% of hourly rate + $ 17.1ql per hour paid + .28 per hour worked + 3.00 per day + .I6 per overtime hour GROUP 5 26.18% of hourly rate + $15.583 per hour paid + .28 per hour worked + 3.00 per day + .16 per overtime hour 9-1q7Tnl/Comp Air Updated 01/01/2005 Mason - Building Bricklayer NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY= Entire.County HAGES: (per hour) 7/01/02 Building: Bricklayer ................. $ ~3.9~ OVERTIME PAY: See ( A, E, E2, Q ) on OVERTIME PAGE. Page 23 · ~ Prevailing Rate Schedule NeH York State Department of Labor .................................. Case Nu.~ber ............. - .................... 010206q SUFFOLK 2002 HOLIDAYS: Paid: Overtime: See ( 1 ) on HOLIDAY PAGE, See ( 5, 6, I0 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hour ) 1st 2nd ~rd 50% 60% 70% terms at the folloHing percentage of Journeyman's 4th 5TH (500 Hrs) 6TH (500 Hfs) BOX 90% 95% SUPPLEMENTAL BENEFITS: (per hour Horked) Journeyman ............... $ 16.62 Appr ..................... 9.19 9-1Brk Updated 01/01/2005 Mason - Building Mosaic and Terrazzo Horker NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 7701/02 Building: Mosaic 8 Terrazzo Horker .......... " Helper .......... $ 55.67 OVERTIME PAY: See ( A. E, Q, V~ ) on OVERTIME PAGE. ~ $ 5.q5 added to supplements. HOLIDAYS: Paid: Overtime: See ( 1 on HOLIDAY PAGE. See ( 5, 6, 8, 11, 15, 16, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour Horked) $ 16.55 9-7/5 Updated 01/01/2005 Mason - Building Tile Layer NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs PUTNAM COUNTY: Entire County ROCKLAND COUNTY: Entire County SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 11/01/99 Building: Page ~H York State Prevailing Rote Schedule Department of Labor .................................. Case Number 0102064 SUFFOLK 2002 T~le Layer ............... $ $1.26 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( I ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hr)terms at the follo~ing percentage of ~ourneyman's ~age. 1st Znd 5rd qth 5~h 6th 50% 55% 65% 75Z 85% 95% SUPPLEMENTAL BENEFITS: (per hour Horked) $ 14.82 9-7/52 Updated 01/01/2005 Mason - Cement NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HAGES: (per hour) 7/01/00 Cement Mason ............ $ 55.00 7/01/01 Addit. SZ.ZS/hr. OVERT[ME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the folloHing percentage of Journeyman's Hages and fringes. 1st 2na 3rd 4th 5th 6th 50% 60× 70% 80% 90% 95% SUPPLEMENTAL BENEFITS: (per hour Norked) $ 16.15 9-780 Updated 01/01/2005 Mason - Marble NASSAU COUNTY: Entire County '~ Prevailing Rate Schedule Page 25 New York State Department of Labor .................................. Case Number ............. ~ ..................... 010206q SUFFOLK ZOO2 NEH YORK CITY: Entire S Boroughs SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 1/01/00 Building: Marble/ SaHyer, Rubber & Polisher ................... $ Zg.gB Marble Restoration Finishers .................... IS.07 OVERTIME PAY: See ( A, E, Q, V ) on OVERTIME PAGE. HOLIDAYS: Paid: Journeymen receive 1/2 days pay for Labor Day. Cleaner, Maintenance and 1ST three terms of Apprentices See ¢ 5. 6, 11. 1~ ) on HOLIDAY PAGE. All others See ( 1 ) on HOLIDAY PAGE. Overtime: See ( B, 6, ll, 15 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's SOX 55Z 60X 65X 70X 80X 90Z 95X SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman .................. $ 12.S$ Cleaner/Maintenance ......... 2.~0 Appr .......................... 5.80 wage percentage of $ 6.09 9-7/2q Updated 01/01/200S Mason - Marble Cutters and Setters NEH YORK CITY: Entire 5 Boroughs EXCEPT for pro,acts that fail a fifty-miIe radius of Columbus Circle in New York C$ty. HESTCHESTER COUNTY: Entire county HAGES: (per hour) 1/01700 Building: Marble Cutters Setters .................... OVERTIME PAY: See ( B, O, V ) on OVERTIME PAGE attached. HOLIDAY: Paid: Journeymen receive 1/2 days pay for Labor Day. Apprentices 1St three terms See ( 5, 6, 8, 11, 15 ) on HOLIDAY PAGE, Plus any day following a Thursday or Sunday Holiday. ~All others See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8, 11, I5, ) on HOLIDAY PAGE. Page 26 ~ Prevailing Rata Schedule New York State Oepar~men~ of Labor .................................. Case Number .................................. 0102064 SUFFOLK 2002 APPRENTICES: ( 1/2 ) year terms aG the follouing percentage of journeyman's 50% 55% 65% 70% 80% 95% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ................ $ 15.65 Appr 5.90 wage percentage of $ 9.75 9-7/~ Updated 01/01/2003 Mason - Harble Rigger NASSAU COUNTY: Entire County NEH YORK CITY: Entire B Boroughs SUFFOLK COUNTY: En*~re County HESTCHESTER COUNTY= Entire County HAGES: (per hour) 1/01/00 Harble-Riggers~ Crane S Oerrickman ........ $ 28.72 OVERT[ME PAY: See ( C, O, V ) on OVERT[ME PAGE. HOLIDAY: Paid: 1/2 Day for Labor Day. Overtime: See ( 5, 6, 8, 11, 15, 25 ) on OVERT[ME PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) 16.82 9-?/20 Upda±ed 01/01/2005 NASSAU COUNTY: Entire Count~ NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County ~ Shall include but not iimi~ed ~o: fired clay brick pavers, pre-cast con- crete slabs (london Halks)~ pressed concrete pavars~ cobble s~one, all types of flagging, asphalt concrete pavers- asphaltic cement sand and s~one aggregate, unit safety surface. HAGES: (per hour) 8/01/99 Journeyman ........................ $ 2~.12 Apprentice ( one year term ) ...... 20.27 OVERTIME PAY: See ( B, E, O ) on OVERTIME PAGE. Page 27 '~ew- York State Prevailing Rate Schedule Department of Labor .................................. Case Number ............. ~ .................... 010206q SUFFOLK 2002 HOLIDAYS= Paid: Overtime: See [ 1 ) on HOLIDAY PAGE. See ( 5, 6, 25 ] on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ........................ $ 10.76 Appr .............................. 6.08 9-1 Paver Updated 01/01/2003 Mason - Plasterer NASSAU COUNTY: Entire County NEH YORK CITY: Only Brooklyn and Queens Counties SUFFOLK COUNTY: Entzre County HAGES: (per hour) 7/0Z/02 Building: Plasterer/Traditional .............. $ 51.66 OVERTIME PAY: See ( C, EZ, 0 ] HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE Overtime: See ( 5, 6, 8, 11, 15, 25 APPRENTICES: First year: Second year: Third year: ( 1st 6 months 2nd 6 months 40% q5% 1st 6 months 2nd 6 months 55% 60% ls~ 6 months 2nd 6 months SUPPLEMENTAL BENEFITS: ( per hour worked ) Journeyman ....................... $ i5.i6 Appr. 1st term ................... 6.15 Appr. 2nd term ................... 6.9q Appr. ~rd term ................... 8.50 Appr. 4th term ................... 9.29 Appr. 5th term 10.85 Appr. 6th term ................... ll.6q 1 ) Year terms ak the following Hage rates. 9-550 Updated 01/01/2005 Mason - Pointer/Caulker/Cleaner NASSAU COUNTY: Entire County NEH YORK CITY= Entire 5 Boroughs SUFFOLK COUNTY: Entire County ~w York State Prevailing Rate Schedule Department of Labor .................................. Case Number ............... - 010206q SUFFOLK 2002 HAGES (per hour) 7/01/02 Pointer, Cleaner,& Caulker (Mason) ........... $ 31.87 OVERTIME PAY: See ( B, H, E2 ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 25, 26 ) on HOLIDAY PAGE. APPRENTICES; ( 1 ) year terms at the following wage rates. 1st 2nd 5rd qth $16.20 19.90 2q.25 29.60 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............. $ 13.25 Appr 1st term .......... 2.50 Appr 2nd term .......... q.50 Appr 5rd term .......... 6.50 Appr qth term .......... 6.50 9-1PCC Updated 01/01/2005 Mason - Stone Setters NASSAU COUNTY: Entire County NEH YORK CITY= Entire County SUFFOLK COUNTY: Entire County HAGES: (par hour) 7/01/00 7/01/01 Stone Setter ............. $ ql.19 addit. $2.2q/hr. Stone Tender ............. 28.75 addit. $1.qS/hr. OVERTIME PAY: See ( A, 0K ) on OVERTIME PAGE. ~ first 7 hours on Sat. at time and a half. ~ first 2 hours on weekdays at time and a half. HOLIDAYS: Paid: See ( 18 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE. APPRENTICES= ( 750 hour ) terms at the following percentage of ~ourneyman's wageist. 2nd. 5rd. qth. 5th. 6th. 50% 60% 70% BOX 90% 100% SUPPLEMENTAL BENEFITS: (per hour paid) Stone Setter ............ $ 17.55 Stone Tender ............ 9.07 Page 29 '~ PrevaiIing Rate Schedule NeH York State Departmen~ of Labor .................................. Case Number ............. ~ .................... 010206~ SUFFOLK 2002 ls~ thru 3rd term Appr.. 10.96 All o~her Apprs ........ 17.3[ g-lStn Updated 01/01/2005 Mason - Tile Layer Helper and Finisher NASSAU COUNTY: Entire County NEH YORK CITY: Entire B Boroughs PUTNAM COUNTY: Entire County ROCKLAND COUNTY: Entire County SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 12/01/99 Building: Tile Layer Helper & Finisher .................... $ 26.2q OVERTIME PAY: See ( A, E, Q ) ON OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( B, 6, 8, 10, il, 15, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS= (per hour ~orked) $ 12.q8 9-7/88 Updated Metal Polisher ALBANY COUNTY: Entire County ALLEGANY COUNTY: Entire County BROOME COUNTY: Entire County CATTARAUGUS COUNTY: Entire County CAYUGA COUNTY: Entire County CHAUTAUQUA COUNTY: Entire County CHEMUNG COUNTY: Entire County CHENANGO COUNTY: Entire County CLINTON COUNTY: Entire County COLUMBIA COUNTY: Entire County CORTLAND COUNTY: Entire County DELAHARE COUNTY: Entire County DUTCHESS COUNTY: Entire County ERIE COUNTY: Entire County ESSEX COUNTY= Entire County FRANKLIN COUNTY: Entire County FULTON COUNTY: Entire County GENESEE COUNTY: Entire County GREENE COUNTY: Entire County HAMILTON COUNTY: Entire County HERKIMER COUNTY= Entire County JEFFERSON COUNTY: Entire County LEHIS COUNTY: Entire County LIVINGSTON COUNTY: Entire County MADISON COUNTY: Entire County MONROE COUNTY: Entire County MONTGOMERY COUNTY: Entire County ONEIDA COUNTY: Entire County ONONDAGA COUNTY: Entire County ONTARIO COUNTY: Entire County ORANGE COUNTY: Entire County ORLEANS COUNTY: Entire County OSHEGO COUNTY: Entire County OTSEGO COUNTY: Entire County PUTNAM COUNTY: Entire County RENSSELAER COUNTY: Entire County ROCKLAND COUNTY: Entire County SARATOGA COUNTY: Entire County SCHENECTADY COUNTY: Entire Coun*y SCHOHARIE COUNTY: Entire County SCHUYLER COUNTY: Entire County SENECA COUNTY: Entire County STEUBEN COUNTY: Entire County ST. LAHRENCE COUNTY: Entire County SUFFOLK COUNTY: Entire County SULLIVAN COUNTY: Entire County TIOGA COUNTY: Entire County TOMPKINS COUNTY: Entire County ULSTER COUNTY: Entire County HAREEN COUNTY: Entire County HASHINGTON COUNTY: Entire County HAYNE COUNTY: Entire County HESTCHESTER COUNTY: Entire County HYOHING COUNTY: Entire County Page 20 's Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 010206~ SUFFOLK 2002 NASSAU COUNTY: Entire County YATES COUNTY: Entire County NEN YORK CITY: Entire 5 Boroughs NIAGARA COUNTY: Entire County HAGES: (per hour) 6/01/02 6/01/02 6/O1/Oq Metal Polisher ........ ~ 20.42 21.15 21.98 All workers shall be paid a premium in an amount equal to twenty ( 20% ) per cent of their basic straight time rate of pay for all time worked on hanging scaffolds and on standing scaffolds Nhile working more than 28 feet o~f the ground, such premium to be paid on top of their straight time or overtime, whichever is applicabIe. OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAY: Paid: See (5,6,9,11,1B,16,25) on HOLIDAY PAGE. Overtime= See (5,6,9,11,15,16,25) on HOLIDAY PAGE APPRENTICES: 55% of Basic Polisher Rate SUPPLEMENTAL BENEFITS: (% of Total Hages) Journeymen 8 Apprentice 55% of Hages 9 - 8A/28A Updated 01/01/2002 Operating Engineer - Building NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County BUILDING CATEGORIES: CLASS" AA "CRANES: Crane. Truck Crane, Derrick, Dragline~ Dredge, CraNler Crane, Tower Crane & Pile Orzver, CLASS "A": Asphalt Spreader. Backhoe Crawler~ Boiler, Boring Machinez Cherry Picker (over 50 tons), Concrete Pump~ Gradall, Grader, Hozst, Loadin~ Machine (lO yds. or more).Mzlling Machine, PoNer Hinch- Stone betting/Structural Steel & Truck Mounted. PoNerhouse~ Road Paver, Scoop-Carryall-Scraper in Tandem, Shovel, Sideboom Tractor, Stone Spreader [self-propelled), Tank Hork, ToNer Crane Engineer. CLASS "B": Backhoe, Boom Truck, Bulldozer, Borin~ Machine/Auger~ Cherry Picker (under 50 Tons), Conveyor-Multz~ Dinkey Locomotive, Fork Lift. Hoist (2 Drum), Loading Machine & Front Loader~ Mulch Machine (Machine Fed), PoNer Hinchms (Not Included zn Class ~A"), Asphalt Roller, Hydraulic Pump with Boring Machine, Scoop~ Carryall~ Scaper, Maintenance Man on Tower Crane, Trenching Machine, Vermeer Cutter, Note Boat. CLASS "C": Curb Machine~ Maintenance Engineer (Small E~uip. & Hell Point), Field Mechanzc, Milling Machzne (Small)~ Pulvi Mixer, Pumps (all), Page ~1 '~ew York State Prevailing Rate Schedule Department of Labor .................................. Case Number .................................. 010206fi SUFFOLK 2002 Roller (dirt), Ridge Cutter, Vac-All, Shotblaster, Striping Machine, Interior Hoist~ Concrete Finish Machine, Concrete Spreader~ Convayer~ Curing Machine, Hoist {one drum). CLASS 'D"= Concrete Breaker, Concrete SaH/Cutter, Fork Life or Halk Behind (poNer operated), ~enarator, Hydra Ha~tmer, Cofl~pactors (mechanical or hand operated), Pin Puller, Portable Heaters, PoHer Booms, PoHer Buggies, Pump {double action diaphragm). CLASS 'E': Batching Plantj Generator, Grinder, Mixer~ MuIching Machine, Oiler, Pump (gypsum), Pua%o (s~ngle action diaphragm), Stump Chipper, Track,amper, Tractor [caterpillar or Hheel), V[brator~ Deckhand on HorRboat. HAGES: (per hour) 7-01-02- 6-50-05 Class "AA" ............... $ ~7.5~ Cranes: Boom length ove~ 100 feet add $ 0°50 per ho~r . 150 ' . $ 0.7~ . " " " 250 . t' ~ 1.00 " " " "' ~50 . . $ 1.50 ' ' Class "A" ............... $ ~5.18~ ~Add $5.50 for Hazardous Haste Murk Class "B' ................ $ ~$.29~ ~Add $2.50 for Hazardous Haste Murk Class "C" ................ $ ~Add $1.50 for Hazardous Haste Hork Class 'D" ................ $ 29.50 Class "E" ................ 28.25 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIDAYS: Paid: See [ 5,6,8,11,15,16~25 ) on HOLIDAY PAGE. "NOTE": Employee mus~ be employed day before and day holiday ~o raceivenollday pay. Overtime: See ( 5,6,8,11,15,16,Z5 ) on OVERTIME PAGE. APPRENTICE ( I ) year terms at the following rates~ 1st yr ................... $ 18.~7 2nd yr ................... 19.21 5rd yr ................... 19.79 SUPPLEMENTAL BENEFITS: (par hour worked) ALL CLASSES .............. $ 25.5q Note: OVERTIME AMOUNT ..... 22.60 APPRENTICES .............. $ 15.89 Note: OVERTIME AMOUNT ..... 5.60. q-138 Updated 01/01/200~ Operating Engineer - Heavy High~ay Page ~2 '~ Prevailing Rate Schedule NeH York State Department of Labor .................................. Case Number .............. ~ ................... 010206q SUFFOLK 2002 CLASS 'C": CLASS "D": CLASS "E": NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County HEAVY/HIGHHAY CATEGORIES: CLASS "AA" CRANES: Crane, Truck Crane, Derrick, Draglinet Dredge, Crawler Crane, ToHer Crane, Pile Driver. CLASS 'A': Asphalt Spreader. Backhoe CraHler, Boiler Cherrypicker (over 50 tons), Concrete Pump, Grader~ Gradallz Hoist Loading Machine I0 yds. or more). Milzing Machine, PoHer Hinch-Stone Setting/Structural Steel or Truck Hounted, PoHerhouse, Road Paver, Scoop-Carryall-Scarer in Tandem, Shovel, Sideboom Tractor, Stone Spreader (self propelled), Tank Nork, Track Alignment Machine. CLASS 'B": Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger{ Cherry Picker (under 50 tons}, Conveyor-Mu[~2. Dinky Locomotive, Fork Lift. Hoist (2 drum), Loading Machine & Front Loader. Mulch Hachine (machine fed). PoHer Hinches (all others not included in CLASS A), Asphal± Roller~ Hydraulic Pump Hith Boring Hachine, Scoop, Carr~all~ Scaper, Maintenance Man on ToHer Crane, Trenching Hachine, Varmaer Cutter, Hork Boa~. Curb Hachine~ Haintenance Engineer (Small E~u[p. S Hell Field Mechanic, Hilling Machine (Small), Pulvi-Hixer, Pumps, Roller {Dirt), Vec-All, Helding/Burning. Cot~pressor (Structural Steel 8 2 or more Batteries), Concrete Finish Machine, Concrete Spreader~ Conveyor~ Curing Hachine~ F[reman~ Ho(st (One Drum), Ridge Cutter, S~riping Hachine, Helding Hachine (Structural Steel 8 P~le Hork). Compressor (P~le,Crane,S~one Setting), Concrete SaM Cu~ter/ Breaker, Honk Lift (Hale Behind. PoHer Omemated), Generator (Pile Hork),Hydra Hammer, Hand Operated Compactor, Pin Puller, Portable Heater, PoHered Broom/Buggy/Grinder~ Pump (Single Action-1 to ~ Inches/Gypsum/Double Action Diaphragm), Hand Trenching Machine, Heldieg Machine. Batching Plant, Generator, Grinder, Mixer, Mulching Nach[ne, Oiler, Pump (Centrifugal up to 5 In.)~ Root Cutter~ Stump Chipper, Oiler on ToHer Crane, Track Tamper, Tractor, Vibrator, Deckhand on HoPE Boat. HAGES (per hour) 7-01-0Z- 6-~0-05 Class "AA" ............... 9 $8.$5 Cranes: Boom Lend'ch ov,e,r 100 f,e, et a,d,d 9 0.50 p,e,r h,o, ur " 150 9 0.75 " " " 250 " " $ 1.00 " " " " " ~50 " " $ 1.50 " " Class "A" ................ 9 56.19~ ~Add 93.50 for Hazardous Haste Hork. Class "B" ................ 9 $5.67~ ~Add 92.50 for Hazardous Haste Hork. Class "C" ................ $ $2.q0~ ~Add 91.50 for Hazardous Haste Hork Class "O" ................ 9 29.88 · ,, Page ~5 Prevailing Rate Schedule NeY York State Department of Labor .................................. Case Number ............. ~ .................... 010206q SUFFOLK 2002 Class "E" ................ 28.61 "NOTE": PREMIUM PAY 20X on straight time hours for NEN YORK STATE- D.O.T. and other GOVERNMENTAL MANDATED off-shift York. OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5~ 6, 7, 8, 11 ) on HOLIDAY PAGE. NOTE": Employee must be employed day before and day after a holiday ~o receive holiday pay. Overtime: See ( 5, 6, 7, B, ll ) on OVERTIME PAGE. APPRENTICE ( ! ) year terms at the following rates; 1st yr .................. $ 18.fi7 2nd yr .................. 19.21 5rd yr .................. 19.79 SUPPLEMENTAL BENEFITS: (per hour worked) ALL CLASSES ............. $ 23.5fi Note: OVERTIME AMOUNT... 22.60 APPRENTICES ............. $ 13.89 Note: OVERTIME AMOUNT... 5.60 q-lS8 Updated 01/01/2003 ALLEGANY COUNTY: Entire County BROOHE COUNTY: Entire County CATTARAUGUS COUNTY: Entire County CAYUGA COUNTY: Entire County CHAUTAUQUA COUNTY: Entire County CHEMUNG COUNTY: Entire County CHENANGO COUNTY: Entire County CLINTON COUNTY: Entire County COLUMBIA COUNTY: Entire County CORTLAND COUNTY: Entire County DELAHARE COUNTY: Entire County DUTCHESS COUNTY: Entire County ERIE COUNTY: Entire County ESSEX COUNTY: Entire County FRANKLIN COUNTY: Entire County FULTON COUNTY: Entire County GENESEE COUNTY: Entire County GREENE COUNTY: Entire County HAMILTON COUNTY: Entire County HERKIMER COUNTY: Entire County JEFFERSON COUNTY: Entire County LEHIS COUNTY: Entire County LIVINGSTON COUNTY: Entire County MADISON COUNTY: Entire County MONROE COUNTY: Entire County MONTOMERY COUNTY: Entire County NASSAU COUNTY: Entire County NEH YORK CITY: Entire County NIAGARA COUNTY: Entire County Entire County Entire County ONTARIO COUNTY: Entire County ORANGE COUNTY: Entire County ORLEANS COUNTY: Entire County OSHEGO COUNTY: Entire County OTSEGO COUNTY: Entire County PUTNAM COUNTY: Entire County RENSSELAER COUNTY: Entire County ROCKLAND COUNTY: Entire County SARATOGA COUNTY: Entire County SCHENECTADY COUNTY: Entire County SCNOHARIE COUNTY: Entire County SCHUYLER COUNTY: Entire County SENECA COUNTY: Entire County STEUBEN COUNTY: Entire County ST. LAMRENCE COUNTY: Entire County SUFFOLK COUNTY: Entire County SULLIVAN COUNTY: Entire County TIOGA COUNTY: Entire County TOMPKINS COUNTY: Entire Coun{y ULSTER COUNTY: Entire County MARREN COUNTY: Entire County HASNINGTON COUNTY: Entire County MAYNE COUNTY: Entire County NESTCHESTER COUNTY: Entire County HYOMING COUNTY: Entire County YATES COUNTY: Entire County Operating Engineer - Marine Construction ALBANY COUNTY: Entire County ONEIDA COUNTY= ONONDAGA COUNTY: HAGES: (per hour) .~ Page 5~ Prevailing Rate Schedule New York State ,Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2002 7-01-02- DIPPER & CLAHSHELL DREDGES 9-50-02 CLASS A: Operator ........................ $ 27.q5 $ 28°07 CLASS B: Operator II ..................... Engineer ........................ 2q.17 2q.72 Boat Master ..................... 22.75 25.2q CLASS C: Haintenance Eng ................. $ 23.07 $ 23.59 Ma~e ............................ 21.51 21.99 Drag Barge Opara~or ............ 21.51 21.99 Helder .......................... 22.71 25.22 Boa~ Capt ....................... 21.66 22.15 Chief of Par~y .................. 21.51 21.99 CLASS D= Oiler ........................... $ 18.18 $ 18.59 Sco~man ......................... 17.q9 17.88 Rodman .......................... 17.~9 17.88 Tug Deckhand .................... 17.75 18.15 Deckhand ........................ 17.75 18.15 10-01-02- 9-30-03 7-OI-02- HYDRAULIC DREDGES 9-50-02 CLASS A: Leverman ........................ $ 26.95 CLASS B: Leverman II .................... $ 22.55 Engineer ........................ 25.6q Derrick Operator ................ Chief Mate ...................... 25.29 Chief Helder .................... 25.9q Electrician ..................... 22.92 Fill Placer ..................... 25.29 Ass±.Fill Placer ................ 21.t2 Boat master ..................... 22.72 CLASS C: Main±enance Eng ................. $ 2t.07 Mate ............................ 21.51 Drag Barge Operator ............. '21.51 Helder Dredge ................... 22.70 Spider Barge Operator .......... 22.50 Boat Capt ....................... 21.66 Chief of Patty .................. 21.51 CLASS D: Diler ........................... $ 18.18 Shoremen ........................ 17.50 Rodman .......................... 17.50 Deckhand ........................ 17.50 Tug Deckhand .................... 17.75 10-01-02- 9-t0-05 27.56 $ Z3.0q 2q.17 2q.17 25.82 2q.~8 23.~1 23.82 21.80 25.25 25.59 21.99 21.99 23.21 25.01 22.15 21.99 $ 18.59 17.90 17.90 17.90 18.13 OVERTIME: See { B, F, R ) on OVERTIME PAGE. HOLIDAY: Paid: Sac c 5, 6, B, 15, 26 on .OL DA¥ PAGE. Overtime: See ( 5,6; 8~ 15, 26 ) on OVERTIME PAGE. Page ~5 '~ Prevailing Rate Schedule Ne~ York State Oepartment of Labor ................. : ................ Case Number .................................. 010206q SUFFOLK 2002 SUPPLEMENTAL BENEFITS: (per hour Horked) "The following SUPPLEMENTAL BENEFITS apply to ALL categories" 7-01-02- 9-50-02 All Class A & B ............... $ 6.20 plus 7% of wage (overtime hours add) ............ $ 1.25 10-01-02- 9-30-0~ $ 6.q5 plus 7X of wa e $ 1.~5 All Class C .................... $ 5.60 plus 7% Of waae (overtime hours add) ............ $ 0,~5 $ 5.85 plus 7% o~ He e $ 0.~5 All Class 0 ................... $ 5.00 plus 7% of wage (overtime hours add) ........... $ 0.~5 $ 5.25 plus 7X of wa e $ 0.~5 4-25e Updated Operating Engineer - Hell Driller NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County HAGES: (per hour) 7-Ol-OZ- 8-01-02- 7-51-02 6-~0-05 Hell Driller: ........ $ 2q.16 $ 2q.88 Hell Driller Helper:. 21.36 22.00 OVERTIME PAY: See ( B, E, G, P ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 16, 23 ) on HOLIDAY PAGE. Overtime: See (5' 6' 16, 25 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) Well Driller: ........ $ 12.57 $ 12.61 Hell Driller Helper:. 12.09 12.23 "PLEASE NOTE" For Ail Overtime Hours Add $ Z.50/hr Hazardous Haste Differential Level A ................. $ 3.00 per hr over rate Level B ................. 2.00 Level C ................. 1.00 q-158well Page '' Pre~ailing RaGe Schedule Ne~ York SGate Department of Labor .................................. Case Number .............. ~.- .................. 010206q SUFFOLK 2002 Updated Operating Engineer -Trenchless Pipeline RehabiliGation ALBANY COUNTY: Entire County ALLEGANY COUNTY: Entire CounGy BROOME COUNTY: Entire County. CATTARAUGUS COUNTY: EnGire County CAYUGA COUNTY: Entire County CHAUTAUQUA COUNTY: Entire CounGy CHEMUNG COUNTY: Entire County CHENANGO COUNTY: Entire County CLINTON COUNTY: Entire CounGy COLUMBIA COUNTY: EnGire CounGy CORTLAND COUNTY: Entire County DELAHARE COUNTY: EnGire County DUTCHESS COUNTY: Entire County ERIE COUNTY: Entire County ESSEX COUNTY: Entire County FRANKLIN COUNTY: EnGire County FULTON COUNTY: EnGire CounGy GENESEE COUNTY: Entire County GREENE COUNTY: Entire County HAMILTON COUNTY: EnGire County HERKIHER COUNTY: Entire County JEFFERSON COUNTY: Entire CounGy LENIS COUNTY: Entire County LIVINGSTON COUNTY: Entire County HAOISON COUNTY: Entire County MONROE COUNTY: Entire County MONTOMERY COUNTY: Entire County NASSAU COUNTY: EnGine County NEH YORK CITY: Entire County NIAGARA COUNTY: Entire County ONEIDA COUNTY: EnGire County ONONDAGA COUNTY: Entire County ONTARIO COUNTY: Entire County ORANGE COUNTY: Entire County ORLEANS COUNTY: EnGire County OSHEGO COUNTY: Entire County OTSEGO COUNTY: Entire County PUTNAM COUNTY: EnGire County RENSSELAER COUNTY: Entire County ROCKLAND COUNTY: Entire County SARATOGA COUNTY: Entire CounGy SCHENECTADY COUNTY: Entire County SCHOHARIE COUNTY: Entire CounGy SCHUYLER COUNTY: Entire County SENECA COUNTY: Entire County STEUBEN COUNTY: Entire CounGy ST. LAHRENCE COUNTY= Entire CounGy SUFFOLK COUNTY: Entire County SULLIVAN COUNTY: Entire County TIOGA COUNTY: Entire County TOMPKINS COUNTY: Entire County ULSTER COUNTY: Entire County HARREN COUNTY: Entire County HASHINGTON COUNTY: Entire County HAYNE COUNTY: EnGire County HESTCHESTER COUNTY: Entire County HYOMING COUNTY: Entire County YATES COUNTY: Entire County On Contracts for Inspection Only: These rates Do Not APPLY OPERATING ENGINEER - Trenchless Pipeline Rehabilitation 7-01-02- 6-50-05 Lead Tec TV Cre~ ................. $51.74 Hei Out Tec ...................... $51.7q Technician ....................... Boiler Operator .................. $51.10 Yard rate ........................ $26.70 Yard Mechanic .................... $51.10 NOTE: PREMIUM PAY 20% on sGraight time hours for NEH YORK STATE D.O.T. and o~her GOVERNMENTAL NANDATED off-shift ~ork. OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 7, 8, 11 ) on HOLIDAY PAGE.~ Prevailing Rate Schedule New York State Department of Labor .................................. Case Number ............. 010206~ SUFFOLK 2002 ~ must ~ork day before & day after or receive 2 hrs per intermittent day Overtime: See ( 5, 6, 7, B, 11 ) on OVERTIME PAGE.~ APPRENTICE ( 1 ) year terms at the foIlowing ra~es; 1st yr .................... ~ 18.~7 Znd yr .................... i9.2! Srd yr .................... 19.79 SUPPLEMENTAL BENEFITS: (par hour worked) Journeyman ............... $ 2).5q No~e Note: OVERTIME Journeyman. Z2.60 NApprentice ............... i).89 No~e o~e: OVERTIME Apprentice 5.60 q-lB8 Updated 01/01/200) Painter-Bridge/Struc~uraI Steel NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County HAGES: (per hour) 7-01-02- 10-01-02- 9-)0-02 Bridge .................... $ )7.00 ~ )8.75 S~ructural Steel ........... )7.00 58.75 PoHer Tool/ink Compressor.. ql.O0 OVERTIME PAY: See ( A,O,) on OVERTIME PAGE. HOLIDAY: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5,6 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following rates. 1st 2nd )rd Bridge ....... qO% 60% 80% S~eel ........ ~0% 602 80% Tool ......... qO% 60% 80% Appr ls~ year ........ Appr Znd yaar ........ SUPPLEMENTAL BENEFITSt (per hour worked) Journeyman ........... ~B%+ $ 3.50/hr $ q.00/hr q8%/hr q8%/hr 48%+ q8Z+ ~ ).50/hr $ q.OO/hr Appr )rd year ........ $ ).50/hr $ 4.00/hr q-DC9/NS Updated 01/0]/200) Painter ~ Brush/Spray .~ Page'50 Prevaillng Rate Schedule New York State Department of Labor .................................. Case Number .............. 0102064 SUFFOLK 2002 NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs PUTNAM COUNTY: Entire County SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 5/01/02 Brush ..................... $ 50.25 Spray & Scaffold .......... S5.25 Fire Escape ............... 35.25 Decorator ................. 55.25 Paperhanger ............... S5.70 OVERTIME PAY= See ( A, H ) on OVERTIME PAGE HOLIDAYS= Paid=. Overtime: See ( 1 ) on HOLIDAY PAGE See ( 4, 5, 6, 25 ) on HOLIDAY PAGE APPRENTICES: Indentured after 5/31/95 ( 1 ) year terms at the following 1st 2nd 5rd qth $11.30 15.15 18.15 24.20 SUPPLEMENTAL BENEFITS; ( per hour Norked ) Paperhanger .............. $ 17.66 Al! others .............. $ 15.~2 Apprentices: 1st Year ................ $ 5.65 2nd Year ................ 7.76 5rd Year ................ lO.15 4th Year ................ i4.40 9-NYDC9 Updated 01/01/2005 Painter - DryHall Taper NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County HAGES: (per hour) 5/01/02 DryHall Taper ............. ~ 50.25 OVERTIME PAY= See ( A, H ) on OVERTIME PAGE HOLIDAYS: Paid: See [ 1 ) on HOLIDAY PAGE Overtime: See ( 4, 5, 6, 25 ) on HOLIDAY PAGE Prevailing ~ate Schedule New York S~a~e Department o~ Labor .................................. Case Number ............. ~ .................... 010206q SUFFOLK 2002 APPRENTICES: Indentured after 5/51/93 percan%age o4 5ouPneyman~s wage. 1st 2nd 3rd 4th $11.50 15.13 lB.15 2q.20 year terms a~ ~he ~olloHing SUPPLEMENTAL BENEFITS: ( per hour worked ) Journeyman .............. $ 15.q~ Apprentices: 1st Year ................ $ 5.65 2nd Year ................ 7.76 grd Year ................ 10.15 qth Year ................ 14.40 9-NYDCT9 Updated 01/01/200~ Painter - Highway Striping ALBANY COUNTY: Entire County CLINTON COUNTY: Entire County COLUMBIA COUNTY: Entire County DUTCHESS COUNTY: Entire County ESSEX COUNTY: Entire County FRANKLIN COUNTY: Entire County FULTON COUNTY: Entire County GREENE COUNTY: Entire County HAMILTON COUNTY: Entire County MONTGOMERY COUNTY: Entire County NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs ORANGE COUNTY: Entire County PUTNAH COUNTY: Entire County RENSSELAER COUNTY: Entire County ROCKLAND COUNTY: Entire County SARATOGA COUNTY: Entire County SCHENECTADY COUNTY: En*ire County SCHOHARIE COUNTY: Entire Coun{y SUFFOLK COUNTY: En~ire Coun±y SULLIVAN COUNTY: Entire Coun{y ULSTER COUNTY: Entire Coun±y HARREN COUNTY: Entire County HASHINGTON COUNTY: Entire County MESTCHESTER COUNTY: Entire County MAGES: (per hour) 7/01/02 Painter (S~riping-Highway): Striping-Machine Opera,or .............. $ 22.57 " Helper .......................... 17.99 Linerman ............................. Z7.09 OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 2, 8, 11, 12, 15, 16, 17, 20 )ON HOLIDAY PAGE. · ~ Page qO Prevailing Rate Schedule New York State . Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2002 Ovectime= See ( 2, 8, 11, 12, 15, 16, 17, 20, 21, 22 ) ON HOLIDAY PAGE. APPRENTICES: ls~ $12.00 (1) year terms at the following rates of 5ourneyman's wage. $1Z.O0 $15.00 $1q. O0 $15.00 SUPPLEMENTAL BENEFITS: (per hour paid) 26% of Hage $ .50 9-8a/ZBa (250) Updated 01/01/2005 Plumber NASSAU COUNTY: SUFFOLK COUNTY= HAGES: (per hour) Entire County Entire County 7-01-02- 11-01-02- 10-51-02 6-50-05 Plumber ......... $ 57.55 $ 58.28 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAY: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( S, 6, 1S, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year 1st year ...... Znd year ...... 5rd year ...... qth year ...... Bth year ...... terms at the following rates. lq.57 $ lq.85 18.55 18.88 2q.53 24.80 26.20 26.70 28.20 28.76 SUPPLEMENTAL BENEFITS: (per hour Horked~) Journeyman ~ 18.76 $ 19.31 A~pr 1st term 10.90 11.16 Appr 2nd term 12.75 13.05 Appr 3rd term 15.OB 13.q6 /~opr qth term 15.91 lq.32 A~pr Sth term lq.~5 lq.77 (~Sunday and Holiday Benefits paid at Double Time rate.) PUMP & TANK HORK HAGES (per hour) 7-01-02- 6-$0-05 Journeyman ......... $ ~1.60 Overtime: ( B,(E'I~)) on Overtime Page. Holidays: Paid .~ Page 41 Prevailing Rate ScheduIe New York State Department of Labor .................................. Casa Number ............. ~ ..................... O102064 SUFFOLK 2002 Overtime ( 5, 6, 9, 10, 16 ) on HoZiday Page. Apprentices: One year terms a~ the foIloHing rates; Apr= ls~ yr ....... $ 12.22 Apr= 2nd yr ....... 15.64 Apr: 5rd yr ....... 16.95 App: q~h yr ....... 22.21 Mechanic= ......... 27.57 Servicemen: ....... 1B.95 SupplementaI Benefits (per hour worked) Journeyman ........ $ 15.61 App. 1st yr ....... 6.66 .App. 2nd yr ....... 7.97 App. 3rd yr ....... 9.38 App. 4~h yr ....... 10.Bq Mechanlc~ ......... 12.56 Serviceman: ....... g.3B 4-200 Roofer/Waterproofer .............. OVERTIME PAY - New Roof: See ( A~E,Q ) on OVERTIME PAGE. OVERTIME PAY Re-roof: See ( B,E,E2,Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( I ) on HOLIDAY PAGE. Over*ime: See ( 4,6,15,16,25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ~erms at *he ~ollowing percentage of dourneyman's wage. ls± 2nd ~rd 40% 50% 70% BO% SUPPLEHENTAL BENEFITS: (per hour worked) Journeyman $ 19.62 Apprentices: 1st 2.00 2nd 4.00 5rd 10.77 4th 15.51 Updated 01/01/2003 Sheetmetal Horker NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HAGES: (per hour) 7-01-02- 6-30-05 q-154 6-30-03 $ 29.00 Updated 01/01/2003 Roofer NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County HAGES: (per hour) 7-01-02- Page ~ '" Prevailing Rate Schedule NeH York State Department of Labor .................................. Case Number .............. ~ ................... 010206fi SUFFOLK 2002 ............................................................................... Sheetme~al Honker ............ $ 36.17 Fen Temporary Openat~on or . Maintenance of Fans: ......... 80Z of Sheetmetal Ra~e OVERTIME PAY: See ( C, E2. O, V ) on OVERTIME PAGE ( D, E2, O, V ) on Fan Maintenance HOLIDAYS: Pa~d: See ( 1 ) on HOLIDAY PAGE. Overtime: See [ 5~ 6, 1I, 12, 15, 25, 26 ) on holiday page. APPRENTICES: ( 1/2 )year tenms at the folloHing percent of ~ourneyman rate 5th 6th 7th 8th 50~ 55% 60Z 70Z SUPPLEMENTAL BENEFITS: (per hour Honked) Journeyman $ 21.79 Appn 1st term 6.82 Appr 2nd term 7.89 Appr Srd ~erm 8.91 A~pr 4th ~erm 9.~7 Appn 5th term 11.14 Appr Gth term 1~.71 ~Appr 7th ~erm 15.18 Rppr 8th term 17.78 4-28 Updated 01/01/2003 Sheetmetal Honker - Sign Erector NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs ROCKLAND COUNTY: Entire County SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 7/01/02 S~gn Erector ................ $ ~2.BO ~NOTE: Overhead highHa¥ signs and s~ructurally supported signs (See Iron Worker Ciassi+ication) OVERTIME PAY: See ( A, H on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE. Overtime: See (5~ 6~ 10, 11, 1Z, 16 ) on HOLIDAY PAGE. Page '" Prevailing Rate Schedule New York State Department o~ Labor .................................. Case Number ............. 010206q SUFFOLK 2002 APPRENTICES: ( 1/2 ) year terms at the following percentage of ~ourneyman's 1st 2nd 5rd 4th 5th 6th 7th 8th 9th lOth 55% qO% 45% 50% 55% 60% 65% 70% 75% 80% SUPPLEMENTAL BENEFITS= Journeyman ............... ~ 21.6~ Apr 1st term .............. 5.22 Apr 2nd term ............. 5.88 Apr 5rd term ............. 7.21 4th term ............. 9.87 I:;: ............. lo.5 7th term ............. 15.19 A~p 8th term ............. 1~.06 App 9th term ............. 16.52 Apr lOth term ............ 17.18 9-157 Updated 01/01/2005 Steamfitter - Refrigeration NASSAU COUNTY: Entire County NEW YORK CITY: Entire B Boroughs SUFFOLK COUNTY: Entire County HAGES: (per hour) 7/01/02 Steamfitter ............... $ 26.50 Refrigeration, A/C, Oil Burner end Stoker Service and Installations, limited on Refrigeration.to combined compressors up to five (~) horsepower, and on A/C Heatzng end A1r CooIing to combzned compressors up to ten (10) horsepower. OVERTIME PAY: See ( B, E, Q~, S~ ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 2, 6, g. 10, 11, 15, 17, 26, Memorial Day ) on HOLIDAY PAGE. Overtime: ~ ( 2~ 6, 9, 15, 17 ) ~ ( 10, 11, 26, Memorial Day ) APPRENTICES: 1st 6 mo ~7.95 ( 1 ) year terms at the following wage. 2nd 6 mo 2nd yr Srd yr 4th yr 12.78 15.~8 17.91 21.60 SUPPLEMENTAL BENEFITS: (per hour worked) Journeymen ................ $ 7.56 Appr ls~ 6 months ........ 5.60 Page 4~ '', Prevailing Ra~e Schedule New York S~a~e Oepar~men~ of Labor ................................ '--Casa Numbar .............. ~ .................... 0102064 SUFFOLK 2002 ................................................................................ Appr 2nd 6 months ........ 5.88 Appr 2nd yr.~erm ......... 6,15 Appr 3rd yr.~erm 6.46 Appr 4~h yr.~erm 6.88 9-6388 Updated 01/01/2003 S~eamfi~er - Sprinklerfi~er NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HAGES: (per hour) 7/01/02 S~eam Fitter ................. $ 36.57 Sprinkler Fi~er ............. 36.57 For Hork on Temporary Heat 8 Air Conditioning ........... ~ 27.79 OVERTIME PAY: Sea ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: Paid: Overtime: See ( 1 ) on HOLIDAY PAGE. See ( 5, 6, 11, 15, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) yaar ~erms a~ ~he following percentage of Journeyman's wageis~. 2nd. 5rd. q~h. 5~h. 50Z 65Z 80% SUPPLEMENTAL BENEFITS: (par hour paid) Journeyman ................. $ 2q. O0 + .52 per hour worked For Hork on Temporary ...... $ 19.48 Hea~ & Air conditioning + .52 per hour workad Apprentices ............... ~erm percentage o~ ~2q. O0 plus .~2 per hour worked 9-638A Updated 01/01/2003 Survey CreH - Building NASSAU COUNTY: Entire County NEH YORK CITY: En{ira 5 Boroughs SUFFOLK COUNTY: Entire County HAGES: (per hour) 1/01/00 7/01/00 7/01/01 New York State Prevailing Rate Schedule Departmen~ of Labor .................................. Case Number ............. ; .................... OlOZO6fi SUFFOLK 2002 Survey Rates-Building: Par~y Chief .............. $ 52.77 Instrumen~ Man ........... 27.19 Rodman ................... 18.5~ Addit. $S.O1/hr. Addlt. $1.8q/hr. Addit. Si.Si/hr. Addit. $$.01/hr. Addit. $1.8q/hr. Addit $1.31/hr. OVERTIME PAY: See ( A. Ex. Q, V ) ON OVERTIME PAGE. ~Doubletime paid on ~he 8th hour on Saturday. HOLIDAYS: Paid: Overtime: See ( 11, 12, 15, 25 ) on HOLIDAY PAGE. 25 ) on HOLIDAY PAGE. 1I, I2, SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................ $ 15.~0 9-150b Updated 01/01/2003 Survey Crew - Heavy Highway DUTCHESS COUNTY: Entire County NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs PUTNAM COUNTY: Entire County SUFFOLK COUNTY: Entire Coun*y HESTCHESTER COUNTY= Eh*ire County HAGES: (per hour) 1/01/00 Survey Ra~e$-Heavy/Higbway: Party Chief ................ $ 32.1I Instrument Man .............. 2fi,90 Rodman ..................... 21.BI 7/01/00 7/01/01 Addit. $~.22/hr. Addit. $1.7q/hr. Addit. $1.43/hr. Adder. $5.ZZ/hr. Addit. $1.7q/hr. Addit. $1.q3/hr. OVERTIME PAY: See ( B, Ex, Q, V ) ON OVERTIME PAGE. ~Doubletim~ paid on the 9th hour on Saturday. HOLIDAYS: Paid: Overtime: See ( ~; ~; ~; 11, 12 ) on HOLIDAY PAGE. See ( 11, 1Z ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (par hour paid) Journeyman ................. $ 15.qO 9-15Dh Updated 01/01/2003 Survey Crew Consulting DUTCHESS COUNTY: Only the portion sou~h o~ the north city line in Page ~6 '~ Preva~lin~ ~a~e Schedule Ne~ York Sta~e Oe~er~n~ o~ Labor .................................. Case Number .................................. 010206q SUFFOLK 2002 Poughkeepsie. NASSAU COUNTY: Entire county NEM YORK CITY= Entire 5 boroughs PUTNAM COUNTY= Entire county SUFFOLK COUNTY: Entire county MESTCHESTER COUNTY: Entire county Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction H~en performed under a Consulting Engineer agreement. HAGES: (per hour) 7/01/01 7/01/02 Survey Rates: Party Chief ............... ~ 25.9! Addt. Instrument Hah ............ 21.58 $.90 Rodman .................... 18.83 Per Hour OVERTIME PAY: See ( B. E~, Q, V ) ON OVERTIME PAGE. NDoublatime paid on the 9th hour on Saturday. HOLIDAYS: Paid: See ( 11, 16 ) Overtime: See ( 5;11, 1' on HOLIDAY PAGE. on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................. $ 10.95 9-15dconsuIt Updated 01/01/2005 Teamster - Building & Heavy HighHay NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County HAGES: (per hour) 7-01-02- 6-$0-05 Truck Drive~- Bldg. 8 Heav¥/HighHa¥~ Asphalt Delivery ......... $ 29.q05 Concrete Delivery ............................... $ 28.q7 "PLEASE NOTE" Drivers of three-axle tractors and ~railers? $6.00 per day extra. Drivers of heavy equipment and tag-along trailers, $10.00 per day extra. Drivers of boom trucks, $8.00 per day extra. OVERTIME PAY: See ( 8, E, Q? R, T ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5~ 6, 11, 12~ 15, 25 )~ on HOLIDAY PAGE. Overtime: See ( ll, 12~ 15~ 25 ) on OVERTIME PAGE (code R). See ( 5, 6~1~ ) on OVERTIME PAGE ( code T ) ~(must work tho days in holiday Haek) Page ~7 't Prevailing Rate Schedule New York S~a~e Depar~men~ of Labor .................................. Case Number ............. 010206~ SUFFOLK 2002 SUPPLEMENTAL BENEFITS: (per hour worked) Bldg.S Heavy/Highway; Asphal~ Delivery ....... $ 16.61 Conccete Delivacy ............................ $ 17.2B q-Z82ns Updated O1/O[/ZO05 Teamster - Demolition NASSAU COUNTY: En~re County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HAGES: (per hour) 7/01/02 Truck Driver, Chauffeur or Loader/Opera~or Trailers ..................... $ 21.85 S~ra~gh~ Jobs ................ Zi.65 OVERTIME PAY: See ( B, L, S, SI,) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 7, B, 11, 1Z, 26 ) on Holiday Page. "NOTE": Employee mua~ work t~o days in Holzday week SUPPLEMENTAL BENEFITS: (per hour worked) $ 1~.68 4-282.Demo Updated O1/OZ/200~ Helder STATEHIDE: A~piies Go aii couni~es. HAGES (per hour) 7/01/2002 Helder ......... (To be paid ~he ra~e of ~he mechanic performing ihe work) Updated 01/01/2005 STATE OF NEW YORK ~ BUREAU OF PUBLIC WURR DEPA[R~'MENT OF LABOR ~ STATE OFFICE BUILDfNG CAMPUS ALBANY, NY 12240 REQUEST FOR WAGE AND SUPPLEMENT INFORMATION AS REQUIRED BY ARTICLES 8 AND 9 OF THE LABOR LAW Fax (518) 485-1870 or mail this form for new schedules or for determination for additional occupations. Please type all information Requested Below SUBMITTED BY: ~ CONTRACTING AGENCY [] PUBLIC WORK DISTRICT OFFICE DATE (CHECK ONE) [3 ARCHITECT OR E. NGINEERINa FIRM A. PUBLIC WORK CONTRACT TO BE LET BY: (Enter Data Pertaining to Contracting Agency) 1. NameandcompJeteaddress([3checkifneworchange) 2. [3 N.Y. StateUnits E307City [] 01 DOT [3 08 Local School District [] 02 OGS [3 09 Special Local District, i.e., [3 03 DORMITORY AUTHORITY Fire, Sewer, Water District [] 04 STATE UNIVERSITY [3 10 Village CONSTRUCTION FUND [3 11 Town [] 05 MENTAL HYGIENE [3 12 County FACILITIES CORP, [3 13 Other Non-N.Y. State Telephone: ( ) Fax: ( ) [] 06 OTHER N.Y, STATE UNIT (Describe) E-MaiL 3. SEND REPLY TO ( [3 check if new or change) Name and complete address 4. SERVICE REQUIRED. Check appropriate box and provide project information. [] New Schedule of Wages and Supplements. APPROXIMATE BID DATE J [] Additional Occupation and/or Redetermination Telephone: ( ) E-Mail: B. PROJECT PARTICULARS Fax: ( ) PRC NUMBER ISSUED PREVIOUSLY FOR THIS PROJECT J 5. Project TITLE and/or description of work to be performed. Include contract identification number, if applicable 6. Location of Project: Location on Site Route No/Street Address Village or City Town Nature of Project ~ Check One [] I. New Building [] 2. Additionto ExistingStructure [3 3. Heavy and HighwayConstruction (Newand Repair) [3 4. NewSewerorWaterline 5. Other New Construction (Explain) [3 6. Other Reconstruction, Maintenance, Repair or Alteration [] 7. Demolition [] 8. Building Service Contract 9. NameandTitleof Requester 8. OCCUPATION FOR PROJECT [] ~onstruction(Building, Heavy HighwaylSewe r/~Vat er) Tunnel [3 Residential [3 Landscape Maintenance [3 Elevator maintenance [] Exterminators, Fumigators Signature Locality Designations I I I I I I I OFFICE USE ONLY Locality Designations SEE OTHER SIDE FOR LAWS RELATING TO PUBLIC WORK CONTRACTS PW-39 (06~1) OFFICE USE ONLY [] Guards, Watchmen Janitors, porters, cleaners [3 Moving furniture and equipment [] Trash and refuse removal [] Window cleaners Other (Describe) STATE OF NEW YORK DEPtdITMENT OF LABOR REQUIREMENTS OF ARTICLE 8 (Section 220-223) AND ARTIC~,E 9 (Section 230 - 239) OF THE NEW YORK STATE LABOR LAW PREVAILING RATE SCHEDULF.: The Labor Law requires public work contractors and subcontractors to pay laborers, workers or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and to provide supplements (fringe benefits) in accordance with the prevailing practices in the locality where the work is performed. The Department of Jurisdiction awarding a public work contract MUST obtain a prevailing rate schedule from the Bureau of Public Work of the New York State Department of Labor listing the hourly rates for the trades and occupations of the workers to be employed on the public work project. This schedule may be obtained by completing and forwarding the Request for Wage and Supplement Information on the reverse side hereof. The prevailing rate schedule MUST be included in the specifications for the contract to be awarded and is deemed part of the public work contract. Upon the signing of the contract, the Department of Jurisdiction MUST advise the Bureau of Public Work on a form supplied by the Bureau as to the name of the contractor to whom the contract was awarded, the date and the amount of the contract. A "Department of Jurisdiction" includes a state department agency, board or commission; a county, city, town or village; a school district, board of education or board of cooperative educational services; a sewer, water, fire, improvement and other district corporations, a public benefit corporation; and a public authority awarding a public work contract. WITHHOLDING OF PAYMENTS FROM CONTRACTORS: When the Bureau of Public Work finds that a contractor or subcontractor on a public work project failed to pay or provide the requisite prevailing wages or supplements, the Bureau is authorized by Sections 220-b and 235.2 of the Labor Law to so notify the financial officer of the Department of Jurisdiction that awarded the public work contract. Such officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of such contract the amount indicated by the Bureau of Public Work as sufficient to satisfy the unpaid wages and supplements, including interest and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until a final determination of the underpayment by the Commissioner of Labor or by the Court in the event a legal proceeding for review of the Commissioner of Labor's determination is instituted. The Department of Jurisdiction shall comply with an order of the Commissioner of Labor or of the Court with respect to the release of the funds so withheld. STATE OF NEW YORK DEPARTMENT OF LABOR Bureau of Public Work - Notice to ALL Contracting Agencies- Your attention is directed to the following Amendment to Article 8, Section 220 (3-a) of the NYS Labor Law: Assembly Bill Number 1839, entitled: "AN ACT to amend the Labor Law, in relation to signs posted at public works projects" APPROVED: This bill amends Section 220 (3-a) of the Labor Law to set forth specific requirements for signs at public work locations listing all prevailing wages specified in the contract. The bill mandates that such signs "be ~,itten in plain English and titled, in lettering no smaller than two inches in height and two inches in width," with the phrase "?revailing Rate of Wages." The bill further requires that the sign by weatherproof. The bill takes effect on March 6, 2000. Signed into law on September 7, 1999. Ensuring that workers receive the appropriate wage when working on public work projects is a core mission for the Department of Labor ("Depadment"). This bill will assist the Depadment in carrying out this mission by educating workers on public work projects as to the applicable wage and supplements for each project. On the reverse, please find the complete text of the Bill, which contains various other aspects of the law, which affect contracting agencies. contractors and subcontractors working on.public work projects. Tcx! of New York State Bill A01$3q STATE OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORK. REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section I Paragraph a of subelivisioa 3-n of section 110 of the labor lay, ~ amended by clu~er 565 of the law as of 1997. is amended to read as follaws: a. h shall he the duty of the degartmeat of jurisdicfioo as defined in this scctio~ to as~e~ain from thc plato ~nd specifie.~tio~s f~r clas- sifica~o~ of wodm~ca, mechaaios sad laboi~s to he employed oa such project_ Such dapamm~t shall ilk: with the fiscal officer, as defim:d in this section, tbe classification of ~vdmm, m~hanics and labon~ to be employed upoa s~ch publi¢ works project, together with a statement 10 of thc work to be I~fmmed by c~ch such classii~¢ation. Fmcn such I I statement it shall be the duty of th~ fiscal officer to make a pm~r 12 ~las$ification of such ~l'km~, mechanics and laborc~ tsking into 13 accouat whether the ~,~'k is heavy and 16~hway, Imilding, sewer and 14 x~atcr, tunnel work or ~sidential and to make a clctem~i,ation of thc 15 schedules of wages and supplements to be paid or provided, as the 16 may be, tl~-~fore. The e~tra~tor ~nd evc~ sub-coatra~tor on i~ublic E_~L~NATION: &la,er in rFALICS (unders~omt) is ne~. Matter In brackets 0 is old law to be omifled LBD04:S9-01-9 Page 2 OF ~*LSsTERIALS CAPABLE OF WFFHSTANDING Al)VERSE WEATHER CONDFflONS 9 excess of twenty- five thousam:l dotlms. All other commc~ors ofsub-cos~-actors 10 shall produce within five days on the site of the ~,~ork upon formal on~r of 12 iraascfipts thereof, subscribed md nflinaed by him as true under the penalties 15 depam~mt of jurisdicfoa within thirty days after issuance ofits first payroll STATE OF I~E~V YORK DEPARTMENT OF LABOR Bureau of Publ~ Work Room 130, Bu~fing 12 Har~ S~e Office Buiml-g Campus Alb~y, New Yo~ 12240 IMPORTANT NOTICE REGARDING PREVAILING RATE UPDATES The Department of Labor's Bureau of Public Work is no longer pwviding individually printed copies of the updated prevailing wage schedule. Instead, the schedule is available to you on our web site: www.labor.state.nv.us. All the other requirements concerning the schedule remain in place. Contracting agencies are sffil required to request a schedule from the Bureau prior to issuing a bid for a public work project and the schedule must be annexed to the bid document. In addition, the Bureau must be notified who the contract has been awarded to. Contractors are still required to post the schedule on the jobsite and provide copies of the schedule to all their contractors. The requirement that contractors obtain affidavits from the subcontractors that such schedules have been provided is also in effect. Those forms will be available on our website, should you care to use them. In the event that you do not have web access or am unable to access the Department's websitc, please fax a writt~a request for a printed copy of the schedule to the Central Office of the Bureau of Public Work at (518) 485-1870. This change allows the Depastcaent to provide tb!s im~ortent information on a timelier basis and make the inforlllation contailled in it more widely available. If you have any questions about this change, please contact the Bureau of Public Work at (518) 457-5589. 01/03 Telephone (518) 457-5589 .... n~s~'~fa~t]r2st~t~y.us ............................ Fax (~ I 8~ 485-1870" ' m o o~ 0 o~ 0 .o~ 0 o~ 0 o~ 0 o~ 0 o~ 0 co 00T. or ST. Ill 0 0 ? m'"O ~',c: zc~O - ~ g 0 m ~ ~ ~0 .. O~ I-! t. That I pay or supervise the payment of the persons employed by on the ; that during the payroll period commencing on the day of . , 20 , and ending the day of , 20 , all from the full ;;~,c.~J wage~ earned by any person and that nodecluctions havebeen madeeltherdirectJyorlndirectJy f~om the tull wages eamed by any pMson other than permissible ded~ as defined by RegulMlons issued by the New Yo(k State D~partment of Labor. If any wages are unpaid, as reported in Column t0 on the (l'ont of this form, explain below:. 3. That any app~endc~s employed In (~e aboYe pMiod ar~ duly r~ In a bo.a fide ~p~p p(ogr4m ~gtstMed Mth I State apprenticeship ~gM~cy recognized by lh~ New yOW Bureay o(' Wp m~d Training, Depmlm~nt of Labo~ and ~ndus~y. (HOTARY & SEAL) ][-2 COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: 1. The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offerer, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): BULKHEAD RECONSTRUCTION & RESTORATION 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Non-segregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 -which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarteHy, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "During the performance of this contract", the Contractor agrees as follows: (1) The contractor will not discrimlnata against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, 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 by the contracting officer setting forth the 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 for employment without regard to race, creed, color, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, 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 No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain 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 such 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 No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. BULKHEAD RECONSTRUCTION & RESTORATION J-2 (?) The contractor will include the provisions of Paragraphs (1) through (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 No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reports and Other Required Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor {I) is not exempt from the provisions of this Sub-part t-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agencywithin 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the prime contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. BULKHEAD RECONSTRUCTION & RESTORATION J-3 1-12.805.4 Rel~orts and Other Recluired Information (b) Requirements for bidders or prospective contractors. (1) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for 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 with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: (2) "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. (2) In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. (3) A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. ( C ) Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. BULKHEAD RECONSTRUCTION & RESTORATION J-4 ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. 100 Stock Number 7540-926-2049 Title Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENT STANDARDS All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor A~lency. Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of 8_ hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1- 112 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that 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. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. BULKHEAD RECONSTRUCTION & RESTORATION J-5 Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Sub-grantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. Contracts and sub-grants of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. Ail contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. Ail contracts and sub-grants in excess of $ 10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or sub-grantee shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee stiall establish procedures to assure compliance with this requirement by contractors or sub-grantees and to assure that suspected or reported violations are promptly investigated. BULKHEAD RECONSTRUCTION & RESTORATION J-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e, which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); ( C ) That there may be deducted from the amount payableto the contractor bytheState or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; BULKHEAD RECONSTRUCTION & RESTORATION J-7 (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. BULKHEAD RECONSTRUCTION & RESTO~TION J-8 NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or undemtanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given bythe Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. BULKHEAD RECONSTRUCTION & RESTORATION K-I The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as Owner/Contracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). BULKHEAD RECONSTRUCTION & RESTORATION K-2 BULKHEAD RECONSTRUCTION & RESTORATION SPECIFICATIONS: Part 1. - General Specifications 1.01 General Conditions A. The contractor shall supply all labor, materials, equipment and services necessary or required to complete the work. The contractor shall fully familiarize himself with existing site conditions. The locations of all underground utilities shall be vedfied pdor to commencing work. Damage to existing utilities shall be repaired at the contractor's expense. B. The contractor may store his materials and equipment on the work site but the Town of Southold will not be responsible for damage or theft of same. C. In the event that anything reasonable, necessary or proper for the complete performance of the work to produce a first class finished job, has not been described in these specifications cleady, through oversight or palpable error, the contractor shall, notwithstanding, execute and provide all omitted works and things as if they were severally described, without extra charge and to the satisfaction of the Town's authorized representatives. D. The contractor shall be responsible for all construction facilities and temporary controls. These items would include all temporary electric, heat, telephone, water and sanitary facilities. Barricades shall be provided around all hazardous areas during construction and shall be maintained and lighted in accordance with all State and Local Code requirements. E. The contractor may submit substitutions for products specified herein, where such substitutions are allowed. Requests for substitutions shall be submitted with complete data necessary to substantiate compliance with the contract documents. All substitutions shall be approved in wdting prior to being ordered, fabricated or incorporated into the work. No claims for additional costs related to substitutions will be allowed. The contractor is specifically advised that he shall be responsible for on-site safety in regard to his area of work and shall indemnify and hold harmless the Town of Southold and the Architect from any and all claims resulting from onsite accidents or safety conditions. The contractor shall be responsible for cleaning all work related debris generated dudng this project in a timely fashion. All dredge spoil and debds removed from the site shall be disposed of at an approved upland site at the contractor's expense. 1.02 Quality Assurance: A. All new construction shall meet the minimum requirements of the Southold Town Trustees and the New York State Department of Environmental Conversation. B. The contractor shall be responsible for verifying all existing conditions and limitations. The extent of clearing and the amount of required excavation shall be verified by the contractor prior to submitting his bid. C. The contractor shall be responsible for fully investigating the existing site conditions and shall be responsible for verifying all dimensions and quantities. D. All new construction shall comply with the Amedcan Society of Civil Engineering Standard Practices. BULKHEAD RECONSTRUCTION & RESTORATION Page 1 1.03 Contractors Qualifications: The contractor must provide evidence of at least five (5) years of continuous experience in bulkhead construction. Job Conditions: The adjacent madna property shall remain open and operating during construction. The contractor shall be responsible for providing all necessary safeguards to ensure safe access to the Madna at all times. Part 2. - Products 2.01 Delivery, Storage and Handling: Delivery, storage and handling of equipment and bulkhead materials shall be in accordance with industry standards. 2.02 Materials: A. All new timber bulkhead materials such as piling, sheathing, whalers, backer piling & dead-men shall be pressure treated if 20 Creosote or treated to refusal. B. The size of timber bulkhead materials shall be as follows: 1. Piling - 2. Sheathing 3. Whalers 4. Top Cap 5. Dead-Men 6. Backer Piling 12" Diameter x 24' Long 3" x 10" x 20' Long 6" x 6" Continuous 2" x 8" Continuous 10" Diameter x 10' Long 10" Diameter Continuous C. Tie Rods shall be .75" Diameter x 20' Long Galvanized Metal with Nuts & Washers. D. All Bolts shall be .75" Diameter Galvanized Metal with Nuts & Washers. E. Filter Fabric shall be "Poly X" or approved Equal. F. Drainage Pipe shall be 8" Diameter Corrugated Galvanized Metal Pipe. G. Catch Basin shall be Pre-cast Concrete as MFG by Suffolk Cement or Appreved Equal. Part 3. - Installation The work under this section shall consist of fumishing all labor, material, equipment necessary or required to perform and complete all work including but not limited to the following: 3.01 Excavation & Demolition of existing Bulkhead The demolition and removal of the existing timber bulkhead system shall be the contractor's responsibility. All excavations shall be to a minimum depth of 2'-0" below the mud line along the sheathing line of the new bulkhead. Excavation shall be in such a manner as to limit the amount of damage to the existing pavement. The contractor shall assume the responsibility for any unnecessary damage to the existing pavement or adjacent property. Damaged properly shall be replaced by the contractor at no additional cost to the project. All existing Tie Rods & Dead-Man systems shall be removed in their entirety during the excavation of the site. BULKHEAD RECONSTRUCTION & RESTORATION Page 2 [Part 3. - Installation Continued. ] 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 Excavation & Demolition of Existing Catch Basin: The demolition and removal of the existing catch basin and outfall pipe shall be the contractor's responsibility. Final placement of the new Catch Basin and ouffall pipe shall be approved by the Town of Southold. Installation of New Timber Bulkhead: The contractor shall provide a new Timber Bulkhead to replace the existing. See the typical Bulkhead Section on Sheet A-1 for details. (The overall length of the replacement is 55 Feet.) Installation of New Whalers & Sheathing: All whalers shall be ship lapped & butt blocked at all joints for a continuous application. All new sheathing shall be thoroughly spiked to both top and bottom whaler. Installation of New Filter Fabric: Provide new Poly "X' filter fabric over all new bulkhead sheathing. Fabric shall be continuous and extend from top of bulkhead to a minimum of two (2') feet below the existing mud line. All splices shall have a minimum overlap of two (2') feet. Connection with existing Bulkheads to Remain: The existing bulkhead structures at each end of the proposed work shall remain in place. The contractor shall verify the integrity of all adjacent piling to remain. The contractor shall provide all necessary sheathing and shims as may be required for a tight connection between New and Existing Work to remain. The engineer shall be notified of all additional items that may require replacement. Items replaced without written approval of the engineer shall be deemed as not to have been replaced. Damage of all items scheduled to remain shall be replaced at the contractor's expense. Installation of New Catch Basin & Drainage Outfall Pipe: The contractor shall be responsible for the supply and installation of a new pre-cast concrete catch basin with Top Slab. (Cast iron Inlet Grate & Frame shall be supplied by the Town of Southold Highway Department.) The contractor shall supply and install a ten (10') foot section of eight (8") inch diameter corrugated, galvanized metal pipe through the sheathing below the top Whaler. The opening in the sheathing shall be accurately cut to allow for 1/8" clearance at the perimeter of the pipe. The landward side of the sheathing shall be blocked or braced as necessary to prevent movement in the sheathing. Excavation and Stockpiling of backfill material: A. All stockpiling of excavation material shall be in an approved location immediately adjacent to the construction area. All stockpiles shall be protected with a continuous barrier of silt screen and hay bails to prevent silt from entering tidal waters. B. No backfilling will be permitted in freezing weather. Removal of Dredge Spoil & Debris: All unsuitable dredge spoil generated from the proposed Construction shall be removed from the site by the contractor on a daily basis. All Spoils and Construction debris shall be disposed of at an approved upland site at the Contractors expense. END OF SPECIFICATION BULKHEAD RECONSTRUCTION & RESTORATION Page 3 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRL, kGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING BULKHEAD RECONSTRUCTION & RESTORATION - WEST ROAD 2/27/03 - 10:00 AM Four bids were received: South Shore Docks Inc. P O Box 37 East Quogue NY 11942 653-5589 $32,750.00 Chesterfield Associates P O Box 1229 Westhampton Beach NY 11978 288-5100 Stout Construction Inc. 15 Electric St Patchogue NY 11772 207-1771 $35,700.00 $36,450.00 James H. Rambo Inc. 229 Bishops Ln Southampton NY 11968 283-1254 $39,165.00 ELIZABETH A. NEVH.LE TOWN CLERK REC, ISTP,.AR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF [NFOKMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 151 OF 2003 WAS ADOPTED .AT THE REGULAR MEETING OF THE SOUTHOLD TOX, VN BOARD ON MARCH I1, 2003: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of South Shore Docks, Inc. in the amount of $32,750 for the reconstruction and restoration of the West Road Bulkhead. '~ Complete items 1, 2, and 3. AJso COmplete item 4 if Restricted Delivery is desired. m. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTHAH OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 10, 2004 CERTIFIED MAIL RETURN RECEIPT REOUESTED Ron Bamish, President South Shore Docks, Inc. PO Box 37 East Quogue, NY 11942 Dear Mr Bamish: The Southold Town Department of Public Works has advised this office that the contract has been fulfilled for the Reconstruction and Restoration of the Bulkhead on West Road in Peconic. Returned herewith is the certified cheek you submitted with this bid. Thank you for submitting your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk ]~nc. JAMES C. McMAHON Director Telephone (631) 765-1283 Fax (631) 765-9015 Town Hall, 53095 Main Road P.O. Box 1179 Sonthold, New York 11971 TOWN OF SOUTHOLD DEPARTMENT OF PUBLIC WORKS To: From: Subject: Date: Lynda Bohn Jim McMahon Bids September 9, 2004 MEMO RECEIVED 8EP - 9 21)04 $outhold Town Clerk The following jobs have been completed and the deposit checks can be returned to the contractors: West Road Bulkhead Project, South Shore Docks Orient/East Marion Park, Paul Cora~zini & Sons Scavenger Waste Removal, Earth Care ELIZABETH A. NEVILLE TOWI~ CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOHMATION OFFICER Town ttall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 9, 2003 Ron Bamish, President South Shore Docks, Inc. Post Office Box 37 East Quogue, New York 11942 Dear Mr. Barnish: Enclosed please find the contracts in connection w/th the reconstruction and restoration of the West Road Bulkhead. Please sign both copies, return the "Town Copy" in the self addressed envelope, and retain the other copy for your records. A certified copy of the resolution authorizing it is enclosed. I will look forward to receiving the signed contract at your earliest convenience. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk AGREEMENT THIS AGREEMENT made this 1 lth day of March 2003 between the Town of Southold, a municipal corporation of the State of New York, having its office and principal place of business at 53095 Main Road, Southold, New York 11971 hereinafter called the "Town" and South Shore Docks, Inc., 10 Depot Road, Quogue, NY 11959, herein after called the "Contractor". WHEREAS, the Tosvn of Southold did heretofore request and receive a bid from the Contractor for the reconstruction and restoratioo of a bulkhead at the terminas of West Road, Cutchogue, NY, in accordance with the plans and specification prepared by James Richter, dated January 10, 2003, in the amount of thirty tsvo thousand seven hundred fifty dollars ($32,750) and WHEREAS, the Town of Southold accepted the proposal of the Contractor on the 11 th day of March 2003. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Contractor does hereby agree to perform all the svork required to recoostruct and restore the West Road Bulkhead, in accordance with the Invitation to Bidders, dated January 21, 2003 and annexed hereto and made part of this contract. The Town does hereby agree to pay the Contractor for the work, the total sum of thirty two thousand seven hundred fifty dollars ($32,750). The total sum is to be paid to the Contractor within forD'-five (45) days of the completion of the said work aud the acceptance thereof by the Town. 3. The Contractor shall secure and maintain such insurance that will protect him/her from claims under the Worker's Compensation Acts and from claims for bodily injury, death or propert3r damage that may arise from the performance of his/her services under this Agreement, in limits of $1,000,000. and $2,000,000. aggregate liability for bodily injury and property damage. The Contractor shall indemnify and hold harmless the Town from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the alleged negligent performance or negligent performance by the Contractor, his employees or agents or any subcontractor and in case of any such action brought against the Town, the Contractor shall immediately take charge of and defend the same at his own cost and expense. In addition, the Contractor will name the Town as an additional insured on any applicable policies. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and )'ear first above written. Town of Southold By Joshua Y. Horton, Supervisor South Shore Docks, Inc. By NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) Print name (Corporate Title) (if any) Company Name Mailing Address: Phone Number Bid on Bulkhead Reconstruction & Restoration STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September '1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or an y agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) Is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be WEST ROAD BULKHEAD RECONSTRUCTION & RESTORATION West Road, Peconic, New York 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. BULKHEAD RECONSTRUCTION & RESTORATION C-1 PROPOSALFORM Date: Telephone: NAME of BIDDER: To: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: January 10, 2003, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that Jf his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: WEST ROAD BULKHEAD RESTORATION & RECONSTRUCTION West Road, Peconic, New York 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: BULKHEAD RECONSTRUCTION & RESTORATION D-1 FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE RECONSTRUCTION A REPLACEMENT OF A NEW TREATED TIMBER BULKHEAD IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: '"'~,¢.-r-~ '~'~,2 T'¢~¢5¢~0 <Jt~£,I Y~u~P~(O F'tFT-/ ~.O~.-~f..,'~ (written in words) -~ 3 z , "'7 ..~ o. o'0 (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Telephone Number: Date: BULKHEAD RECONSTRUCTION & RESTORATION D-2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION ["~o~. '-~-~J~- - (Bidder) Certifies that: It intends to use the following listed construction trades in the work under the contract and, As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ;and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. BULKHEAD RECONSTRUCTION & RESTORATION E-1 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 217 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOXVN BOARD ON APRIL 8, 2003: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Suoervisor Joshua Y. Horton to execute any and all necessary documents in connection ~vith the contract between the Town of Southold and South Shore Docks, Inc., in the amount of $32,750.00 for the reconstruction and restoration of the West Road Bulkhead. Elizabeth A. Neville Southold Town Clerk RESOLUTION APRIL 8, 2003 V-217 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Suoervisor Joshua Y. Horton to execute any and ali necessary documents in connection with the contract between the Town of Southold and South Shore Docks, Inc., in the amount of $32,750.00 for the reconstruction and restoration of the West Road Bulkhead. AGREEMENT THIS AGREEMENT made this llth day of March 2003 between the Town of Southold, a municipal corporation of the State of New York, having its office and principal place of business at 53095 Main Road, Southold, New York 11971 hereinafter called the "Town" and South Shore Docks, Inc., 10 Depot Road, Quogue, NY 11959, herein after called the "Contractor". WHEREAS, the Town of Southold did heretofore request and receive a bid from the Contractor for the reconstruction and restoration of a bulkhead at the terminus of West Road, Cutchogue, NY, in accordance with the plans and specification prepared by James Richter, dated January 10, 2003, in the amount of thirty two thousand seven hundred rift3' dollars ($32,750) and WHEREAS, the Town of Southold accepted the proposal of the Contractor on the 1 lth day of March 2003. NOW, THER.EFORE, IT IS AGREED AS FOLLOWS: The Contractor does hereby agree to perform all the work required to reconstruct and restore the West Road Bulkhead, in accordance with the Invitation to Bidders, dated January 21, 2003 and annexed hereto and made part of this contract. The Town does hereby agree to pay the Contractor for the work, the total sum of thirty two thousand seven hundred flf~, dollars ($32,750). The tot'al sum is to be paid to the Contractor within forty-five (45) days of the completion of the said work and the acceptance thereof by the Town. 3. The Contractor shall secure and maintain such insurance that will protect him/her from claims under the Worker's Compensation Acts and from claims for bodily injury, death or property, damage that may arise from the performance of his/her services under this Agreement~ in limits of $1,000,000. and $2,000,000. aggregate liability for bodily injury and property damage. The Contractor shall indemnify and hold harmless the Town from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any part3' or parties in connection with the alleged negligent performance or negligent performance by the Contractor, his employees or agents or any subcontractor and in ease of any such action brought against the Town, the Contractor shall immediately take charge of and defend the same at his own cost and expense. In addition, the Contractor ~vill name the Town as an additional insured on any applicable policies. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Town of Southold By Joshua Y. Horton, Supervisor South Shore Docks, Inc. By ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS ML~RRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOP~L-kTION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fz~x (631) 765-6145 Telephone (631) 765-1800 sour holdto~vn.nor t hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 151 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 11, 2003: RESOLVED that the Town Board of the Town of Southold hereby acceots the bid of South Shore Docks, Inc. in the amount of $32.750 for the reconstruction and restoration of the West Road Bulkhead. Elizabeth A. Neville Southold Town Clerk NON-COLLUSIVE BD CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) Phnt name (Corporate Title) Mailing Address: Phone Number Bid on Bulkhead Reconstruction & Restoration STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 163-d Genera[ Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, u rider penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully Informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (If a corporate bidder) Is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION (Name of signatory) (Name of Corporation) to sign and submit the bid or proposal of this corporation for the following Project: Resolved authorized WEST ROAD BULKHEAD RECONSTRUCTION & RESTORATION West Road, Peconic, New York 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. BULKHEAD RECONSTRUCTION & RESTORATION C-1 PROPOSALFORM Date: Telephone: NAME of BIDDER: To: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: January 10, 2003, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: WEST ROAD BULKHEAD RESTORATION & RECONSTRUCTION West Road, Peconic, New York 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: BULKHEAD RECONSTRUCTION & RESTORATION D-1 FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE RECONSTRUCTION A REPLACEMENT OF A NEW TREATED TIMBER BULKHEAD IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) (written In numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: I'.J O IJ 6/' Dated; Signature of Bidder: Telephone Number: Date: BULKHEAD RECONSTRUCTION & RESTORATION D-2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following cedification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: It intends to use the following listed construction trades in the work under the contract and, As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ;and, it will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Au o~riz~d Representati've of Bidder) BULKHEAD RECONSTRUCTION & RESTORATION E-1 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town HoJl, 53095 Msin Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 $outholdtown.northfork.net March 12, 2003 Attn: Ron Bamish, President South Shore Docks fl~c. P O Box 37 East Quogue NY 11942 Dear Mr. Bamish: Congratulations. The Southold Town Board, at its regular meeting of March 11, 2003, accepted the bid of South Shore Docks Inc. for the reconstruction and restoration of the West Road bulkhead. A certified copy of the resolution is enclosed. Your bid check will be returned to you upon completion of the project. Thank you. Enclosures cc: James McMahon, Exec. Asst. Very truly yours, Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICEE RECORDS MANAGEMEBIT OFFICER FREEDOM OF INFOHMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor~hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTII~' THAT THE FOLLOWING RESOLUTION NO. 151 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 11, 2003: RESOLVED that the Town Board of the Town of Southo/d hereby accel)ts the bid of South Shore Docks, Inc. in the amount of $32,750 for the reconstruction and restoration of the West Road Bulkhead. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Ma/n Road P.O. Box 1179 Southold, New York 11971 Fax (63].) 765-6145 Telephone (631) 765-1800 sour holdtown.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 12, 2003 CERTIFIED MAIL RETURN RECEIPT REOUESTED Attn: Robert Brandt, President Stout Construction, Inc. 15 Electric St Patchogue NY 11772 Dear Mr. Brandt: The Southold Town Board, at its regular meeting of March 1 l, 2003, accepted the bid of South Shore Docks, Inc. for the reconstruction and restoration of the West Road bulkhead. A certified copy of the resolution is enclosed. Also, returned herewith is your certified bid check. Thank you for submitting your bid. Very truly yours, Southold Town Clerk F STOUT CONSTRU(~DN~ INC. DA'rtl /"3 i 8836 .DOLLARS ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown,northfork.net OFFICE OF THE TOWN CI,ERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 151 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 11, 2003: RESOLVED that the Town Board of the Toxvn of Southold hereby acceots the bid of South Shore Docks, Inc. in the amount of $32,750 for the reconstruction and restoration of the West Road Bulkhead. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEY/Lr,F, ToWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER NFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sout holdtown.northfork.net March 12, 2003 CERTIFIED MAIL RETURN RECEIPT REOUESTED Attn: Seth Allen, Vice-President Chesterfield Associates Inc. 56 South Country Rd P O Box 1229 Westhampton Beach NY 11978 Dear IVh-. Allen: Thc Southold Town Board, at its regular meeting of March 11, 2003, accepted the bid of South Shore Docks, Inc. for the reconstruction and restoration of the West Road bulkhead. A certified copy of the resolution is enclosed. Also, returned herewith is your certified bid check. Thank you for submitting your bid. Very truly yours, ELIZABETH A. NEVII,I,E TOWN CLERK REGISTHAR OF VITAL STATISTICS MARHIAGE OFFICER RECORDS MANAGEMENT OFFICER FHEEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 8outhold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CI,ERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 151 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 11, 2003: RESOLVED that the Town Board of the Town of Southold hereby acceots the bid of South Shore Docks, Inc. in the amount of $32,750 for the reconstruction and restoration of the West Road Bulkhead. Elizabeth A. Neville Southold Town Clerk ~m0919 L50E 6200 ~0'~9 ~-50£ 6200 NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents~ to any person not an employee or agent of the bidder or its surety on any bond fm-nished herewith prior to the official opening of the bid. Print name (Corporate Title) (if any) Company Name Mailing Address: Phone Number Bid on Bulkhead Reconstruction & Restoration STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution author/zing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION (Name of signatory) (Name of Corporation) to sign and submit the bid or proposal of this corporation for the following Project: Resolved authorized WEST ROAD BULKHEAD RECONSTRUCTION & RESTORATION West Road, Peconic, New York 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September t, 1965. BULKHEAD RECONSTRUCTION & RESTORATION C-1 PROPOSALFORM Telephone: ~,~ .5 - .~gg'~ NAME of BIDDER: To: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: January 10, 2003, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: WEST ROAD BULKHEAD RESTORATION & RECONSTRUCTION West Road, Peconic, New York li958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: BULKHEAD RECONSTRUCTION & RESTORATION D-1 FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE RECONSTRUCTION A REPLACEMENT OF A NEW TREATED TIMBER BULKHEAD IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF; (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: I,J 0/J -~ Dated: Signature of Bidder: Telephone Number: Date: BULKHEAD RECONSTRUCTION & RESTORATION D-2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: It intends to use the following listed construction trades in the work under the contract and, As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) BULKHEAD RECONSTRUCTION & RESTORATION E-1 l este eld ssoclates Inc. RECEIVED FEB 2 7 2003 Contractors & Engineers Since 1968 56 South Country Road · P.O. Box 1229 Westhampton Beach, New York 11978 phone:631-288-5100 · fax: 631-288-5161 www. chesterfieldassociatesinc.com E-mail: Info@chestedieldassociatesinc.com February27,2003 %uthold Town Clerl~ Town of Southoid 53095 Main Road Southold, NY 11971 Re: Bulkhead Reconstruction & Restoration West Road Wickham Creek Peconic, NY G~ntl~nen: This letter serves to certify that Chesterfield Associates, Inc. has available and under our control the necessary plant and equipment that will be required ~ order to complete the proposed work within the specified time. Thank you. Seth Allan Vice President New England Division: 123 West Shore Road · Westport Island, Maine 04578 · phone: 207-882-5400 · fax: 207-882-9308 LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Laxv, that sealed bids are sought and requested for furnishin~ all of the labor, materials and eouioment as soecified in the bid documents for the restoration and reconstruction of an existine timber bulkhead located at West Road, Peconic, New York and all in accordance with the Drawings and Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department. Drawings and Specifications for such bid may be obtained at the Office of the Southold Town Clerk, Town Hall, 53095 Main Road, Southold, New York 11971 for a $10.00 non-refundable fee, cash or check, made payable to the Toxvn of Southold. Any questions should be directed to James Richter, Southold Town Engineering Department at 631/765-1560. Sealed bids, together with a Non-Collusive Bid Certificate and bid bond or certified check in the amount of $100.00, will be received by the Town Clerk at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, February 27, 2003, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Bulkhead Reconstruction and Restoration, West Road", and submitted to the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: February 10, 2003. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON FEBRUARY 13, 2002, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOW2N HALL, PO BOX 1179, SOUTHOLD, NY 11971. NON-COLLUSIVE BD CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) Print name (Corporate Title) (if any) V~~c Comply Name Mailing Address: Phone Number Bid on Bulkhead Reconstruction & Restoration INVITATION TO BID PROJECT: BULKHEAD RECONSTRCTION & RESTORATION WEST ROAD, PECONIC, NEW YORK 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified in the bid documents for the restoration and reconstruction of an existing timber bulkhead located at West Road, Peconic and all in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, ~)~o~'~ February 20 03. Day Month & Date Year All specifications are provided herein: drawings to be attached. A fee of Ten dollars ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the dght to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of One Hundred ($100.00) dollars will be required of each bidder. Please advise if you intend to bid or not. Dated: January 21,2003 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk BULKHEAD RECONSTRUCTION & RESTORATION A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materiels, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of One Hundred ($100.00) dollars made payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgment, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters, which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub- contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor". The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract. BULKHEAD RECONSTRUCTION & RESTORATION B-1 F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineations, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than one hundred (120) working days. BULKHEAD RECONSTRUCTION & RESTORATION B-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or an y agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affin*ned by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (f) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that ScJ~k/~1~,~ ~(14& ~(-d3. of the ~ k e ~-~ cJ~L~- ~ ~ o C,'~"J*~% , ~-~ (Name of sigr~tory) (Name of Co~'poration) authorized to sign and submit the bid or proposal of this corporation for the following Project: be WEST ROAD BULKHEAD RECONSTRUCTION & RESTORATION West Road, Peconic, New York 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. ~03-d, as amended & effective on September 1, '1965. BULKHEAD RECONSTRUCTION & RESTORATION C-1 PROPOSALFORM Date: NAME of BIDDER: Telephone: To: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OFTHE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: January 10, 2003, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: WEST ROAD BULKHEAD RESTORATION & RECONSTRUCTION West Road, Peconic, New York 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: BULKHEAD RECONSTRUCTION & RESTORATION D-1 FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE RECONSTRUCTION A REPLACEMENT OF A NEW TREATED TIMBER BULKHEAD IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) (writlen in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Telephone Number: (_¢%t-,~,%~'~- 5'~100 Date: Bidders Address: BULKHEAD RECONSTRUCTION & RESTORATION D-2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: 1. It intends to use the following listed construction trades in the work under the contract As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: /,~x~ 5,, ,-' 5 ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification red,u-ed by these Bid Conditions. /// BULKHEAD RECONSTRUCTION & RESTORATION E-1 NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Corporate Title) (if any) Company Nmne Mailing Address: STOUT CONSTRUCTION,INC. 15 Electric Street Patchogue, New York 11772 Phone Number Bid on Bulkhead Reconstruction & Restoration PROJECT DESCRIPTION WEST ROAD BULKHEAD RESTORATION AND RECONSTRUCTION WEST ROAD, PECONIC, NEW YORK 11958 THIS PROJECTINCLUDES THE EXCAVATION AND ROMOVAL OF THE EXISTING TIMBER BULKHEAD AND DEAD MAN SYSTEM. SUBSTITUTIONS FOR MATERIALS SPECIFIED SHALL BE SUBJECT TO THE APPROVAL OF THE HIGHWAY SUPERINTENDENT. GENERAL DESCRIPTION: INSTALLATION OF APPROXIMATELY FIFTY FIVE (55') FEET OF NEW TIMBER BULKHEAD. NEW CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE TYPICAL BULKHEAD SECTION. (SEE TYPICAL SECTION SHEET # A-l). EXCAVATE TO A DEPTH OF 2'-0" BELOW EXISTING MUD LINE BEHIND ALL NEW SHEATHING FOR INSTALLATION OF FILTER CLOTH. ALL EXCAVATED MATERIAL SHALL BE PLACED ON SITE WITH SILT FENCE AND HAY BALLS AT THE PERIMETER TO PREVENT RUNOFF FROM ENTERING TIDAL AREAS. BULKHEAD AREAS REQUIRING WORK SHALL HAVE ONE LAYER OF FILTER FABRIC INSTALLED BEHIND ALL NEW SHEATHING. INSTALLATION SHALL BE CONTINUOUS WITH A MINIMUM OVERLAP OF 2'-0". THEEXlSTING MARINAADJACENTTOTHEPROJECTSHALLREMAIN OPEN DURING THE COURSE OF CONSTRUCTION. THE CONTRACTOR SHALL PROVIDE ALL NECESSARY SAFEGUARDS TO ENSURE SAFE ACCESS. THE TOWN OF SOUTHOLD SHALL NOT BE RESPONSIBLE FOR MATERIALS AND EQUIPMENT LEFT ON SITE. PROPER FENCING AND BARRICADES SHALL BE INSTALLED TO SEPARATE THE WORK SITE FROM THE GENERAL PUBLIC. REQUESTS FOR FURTHER INFORMATION AND ALL INQUIRIES SHOULD BE ADDRESSED TO THE ENGINEERS OFFICE, SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971. ATTENTION - JAMES A. RICHTER - (631) 765 1560 The foregoing Project Description is provided for general information only. It is not part on the Contract Documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings. STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. Bysubmission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the Person signing in its behalf. C. That attached hereto (if a corporate bidder) Is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. (Name of signatory) ' authorized to sign and submit the bid or proposal of this corporation for ~he following Project: WEST ROAD BULKHEAD RECONSTRUCTION & RESTORATION West Road, Peconic, New York 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, t965 Ch. 751, Sec. t03-d, as amended & effective on September t, 1965. BULKHEAD RECONSTRUCTION & RESTORATION C-1 PROPOSALFORM Date: NAME of BIDDER: Teleph°ne'~L---~O 3 / ~-0 STOUT CONSTRUCTION,INC. _ 15 Electric Street Patchogue, New York 11772 -- To: SOUTHOLD TOWN BOARD TOWN HALL 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: January 10, 2003, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: WEST ROAD BULKHEAD RESTORATION & RECONSTRUCTION West Road, Peconic, New York 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: BULKHEAD RECONSTRUCTION & RESTORATION D-1 FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE RECONSTRUCTION A REPLACEMENT OF A NEW TREATED TIMBER BULKHEAD IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: ('~ Dated: Signature ~ ~,~ of Bidder: ~ (~ ' Number:Teleph°ne --7~'-6 ~/ gO"~--j~/ Bidders Address: BULKHEAD RECONSTRUCTION & RESTORATION D-2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S,CERTIFICATION (Bidder) Certifies that: It intends to use the following listed construction trades in the work under the contract DOC./4 ~(~..,}~r,~ ~ l-'de~O~d-r,i ;and, As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being:, As to those trades for which it is required by these Bid Conditions to comply with.Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (~Sigr a~ture~c f Au~l~ orized R~e~p~r2s~ntative of Bidder) BULKHEAD RECONSTRUCTION & RESTORATION E-1 NON-COLLUSWE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith pr/or to the official opening of the bid. (Signed) ~C~. Print name (Corporate Title) (if any) Company Name ~ Mailing Address: Phone Number Bid on Bulkhead Reconstruction & Restoration PROPOSALFORM Date: -~-/~ ~///',"2,.~ NAME of BIDDER: Telephone: ~-- ~"..~ To: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OFTHE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: January 10, 2003, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: WEST ROAD BULKHEAD RESTORATION & RECONSTRUCTION West Road, Peconic, New York 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: BULKHEAD RECONSTRUCTION & RESTORATION D-1 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or offlcial thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. Bysubmission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: ('1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION (Name of signatory) [._..J (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be WEST ROAD BULKHEAD RECONSTRUCTION & RESTORATION West Road, Peconic, New York 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ~ (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. Signature BULKHEAD RECONSTRUCTION & RESTORATION C-1 FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE RECONSTRUCTION A REPLACEMENT OF A NEW TREATED TIMBER BULKHEAD IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) ~ (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Telephone Number: Date: Bidders Address: BULKHEAD RECONSTRUCTION & RESTORATION D-2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: It intends to use the following listed construction trades in the work under the contract A. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ~:2/J ~ ; and/or, As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ~.,:/...' ~-'-d'7.*~- ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representatlt~of Bidder) BULKHEAD RECONSTRUCTION & RESTORATION E-1 LEGAL NOTICE NOTICE TO ]~IDDERS NOTICE IS HEREBY GIVEN, in accordance with thc ~ovisions of Section I03 of the eneral Municipal Law, that sealed bids are sought and re uested for furuishin~' all the i~t~or, matertals an equ|oment as soecified in t.he btd documents for the restoration and y. econstructJon of an existing ttmber I;ulkhead [~ated at West lload~ Pecomc, New York and all tn accordance with t-~'~'~rawings and Specifig. a .ti0~rs' prepared by James A. Rtcnte, ~. 3t , Southold Town En~gineering Department. Drawings and Specifications for such bid may be obtained ,at the Office of the Southolu Town Clerk, Town Hall, 53095 Main Road, Southold, New York 11971 for a $10.00 non- refundable fee, cash or check, made payable to the To~p o~ Southold. Any quesuon should be directed to James Richter, Southold Town Engtheering0 Department at 63 I/'/65-156 · Sealed bids, together with a Non-Collusive Bid Certificate and bid bond or certified check in the mount of $100.00, will be received bythe Town Clerk at the Southold Town Hall, 53095 Main Road. Sou. thold, New York, until 10.00 A.M., Thursday, February 27, 2003, at which time they will be opened and read aloud in public. The Town Board of the Town of Sguthold reserves the right to reject any and all bids and waive any and all informalities in. any bid should it be deemed tn the best interest of the Town of Southold to do so, All bids must be signed and sealed in envelopes plainly marked "Bid on ~ Reconstruction an Restqratbn. West P. oad'~': an, d subrmtted to the Town ~lerK. The bid price shall not include any tax. gederal, state, or local, from which the Town of Southold is exempt. Dated: February[O, 2003 ELIZABETH A. NEVILLE soUTHOLD ToWN CLERK 1X.2/13/031540) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Lise Marinate. being dui_',' sxxom, sas~ that she is the Legal Advertising Coordinator. of the Traveler If~#c'hmwl. a public ncx~spaper printed at Southold. in Suffolk ('ounb: and that the notice of which the annexed is a printed cop). has been published il/ ~aid Traveler II ~lchman once each ~ cek tbr ...../.....x~ eekl s ~ ~ccessix ely. c~p(~ng on thfi ....... A~ ..... da5 of ........ 200,. ...... No. 01H ~,$050984 Qtmlified ill Sufl~lk (ount3 [ECE!VED NEVILLE CLERI~ ILO ~o~ 1179 Sou~ol~, N~ York 1 Telephone (631 ) ~ 65-1 ~00 Wot Yrum: Dated', February 10, 2003 NOTICE FOR PUBLICATION I1~ ~003 Nambcr of Pages (iucludlng cover): 2 Ii-total tra~,rai~al is not Teeeived, please call 76SI1800. COM]VI~NTS: Bid: Bulkhead, West Road. Opeaing 1/27/03 10;00am PLEASE acktlowlelige receipt oftb~ le~l notice ~T~N ONE fl) HOUR by slgu~g below remrn~g by fax~ 76~-6148, A~: Bc~ Nev~le. Th~k yom Reccived by Dale 10 02 03 qDN 15:59 FA\ 516 765 6145 SOUTIIOLD CLERK ~]O0l [NC(~MPLI~'I'E T\ RX I'R.\\ S \('T I ON OK ERR()R :I::l::;: MLiLTI TX,RX REPORT 4219 [:!: 1512449576 I:1: 16118005243329 I:~: 1711888232994L I:~: 1811~002582§~4 I::. 321150096211544 Bm'relte's Info I)ara Construct ELIZABETH A, NEVILLE TOXVN CLERK Tmvn Hall, 53095 Main Road P.O. :Box 1179 Southold? New York 11971 Fax (6311 765-6145 Telephone (6311 765-1500 OFFICE OF TILE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL From: Dated: Re: Brown's Letters Data Construction Dodge Reports Burelle's Informatioia Services Linda Cooper, Deputy Towla Clerk February 10, Bid Announcements Number of Pages {including cover): 3 If totM transmittal is not received, please call 765-1800. CONLMENTS: AsphaLt Paver and Equipment Trailer Restoration & Reconstuction of Bulkhead, West Road 1002 [5 SOUTIIO LD CLERK :I:** TX REPORT $ :I: ;i; TRA\SMI SSION tlr T\ RX NO CONNECTION TEl. CONNECT[ON ID ST. TIME US ~(iE I' I'(;S. SENT RES[ [_T 4218 Traveler 10.02 15:ltl 7651756 ELiZABETIt A. NEWII~LE TOVCN CLERK Tox~mHaH, 53095Ma~Koad P.O. Box 1179 Southold, New Yorkl197t Fax(631) 765-614> Telephone (631)765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL To; From: Dated: Re: Attn: Jackie The Traveler Watchman Linda Cooper, Deputy Town Clerk February 10, 2003 LEGAL NOTICE FOR PUBLICATION IN 2003 Number of Pages (including cover): 2 If total transmittal ks not received, please call 765-1800. COMMENTS: Bid: Bulkhead, West Road, Opening 2/27/03 10:00am PLEASE acknowledge receipt of this legal notice WITtlIN ONE (1) HOUR by signing below and ELIZABETH A. NEVILLE TOWN CLERK RE( ~1~ [ RAR ( )F V[T \t ~,T.S. TI~ [ [C~ MARRI XGE OFHC'ER RECORDSMAN.\GEMFN OIIk'ER Tmon Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631 ) 765- ! 800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL To: From: Dated: Re: Attn: Jackie The Traveler Watchman Linda Cooper, Deputy Town Clerk February 10, 2003 LEGAL NOTICE FOR PUBLICATION IN 2003 Number of Pages (including cover): 2 If total transmittal is not received, please call 765-1800. COMMENTS: Bid: Bulkhead, West Road, Opening 2/27/03 10:00am PLEASE acknowledge receipt of this legal notice B'ITHINONE (1) HOUR by signing below and returning by fax to 765-6145, Attn: BettT Neville. Thank you. Receix ed by Date LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HERI~BY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishina all of the labor, materials and equipment as specified in the bid documents for the restoration and reconstruction of an existiu~ timber bnlkhead located at West Road, Peconic, New York and all in accordance with the Drawings and Specifications prepared by James A. Richter, R.A., Southold Toxin Engineering Department. Draxx ings and Specifications lbr such bid may be obtained at the Office of the Southold Town Clerk, Town Hall, 53095 Main Road, Southold, New York 11971 for a $10.00 non-refundable fee, cash or check, made payable to the Town of Southold. Any qttestions should be directed to James Richter, Southold Town Engineering Department at 631765-1560. Sealed bids, together with a Non-Collusive Bid Certificate and bid bond or certiffed check in the amount of $100.00, will be received by the Town Clerk at tile Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, February 27, 2003, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Bulkhead Reconstruction and Restoration, West Road", and subnfitted to the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which tile Toxin of Southold is exempt. Dated: February. 10, 2003. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON FEBRUARY 13, 2002, AND FOR~VARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TO'~VN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Traveler Watclm~an Toxin Board Members Town Attorney Data Construction Dodge Reports Board of Trustees Brown's Letters BmTelle's Information Services Town Clerk's Bulletin Board Supt. of Highways Hah-is Town Engineer STATE OF NEW YORK) SS: COUNTY OF SLFFFOLKI ELIZABETll A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sxx ora, says tbat on the /~-,~h da)' of ~'-e br~t~ r~/ 2003 she affixed a notice ofx~hicb the mmexed printed notice is a true cop.,,', in, a proper and substaotial mariner, in a most public place in the Town of Southold, Suffolk County, New York, lo wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New Ynrk. Legal Notice: Notice to Bidders for Bulkhead Reconstruction & Restoration, West Road, bid opening at 10:00 a.m., Thursday, February 27, 2003 Southold Town Clerk Sworn to belbre me this /~ j:/Cday of 2003 Notary Public INVITATION TO BID PROJECT: BULKHEAD RECONSTRCTION & RESTORATION WEST ROAD, PECONIC, NEW YORK 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified in the bid documents for the restoration and reconstruction of an existing timber bulkhead located at West Road, Peconic and all in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM,01'7 ;~ February 20 03. Day Month & Date Year All specifications are provided herein: drawings to be attached. A fee of Ten dollars ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of One Hundred ($100.00) dollars will be required of each bidder. RECEIVED Please advise if you intend to bid or not. FEB Southold Town Cleric Dated: January 21,2003 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk BULKHEAD RECONSTRUCTION & RESTORATION A-1 Invitation to Bid - BULKHEAD- RECONSTRUCTION RESTORATION WEST ROAD WICKHAM CREEK PECONIC, NEW YORK 11958 Date: January 10, 2003 SOUTHOLD TOWN ENGINEERING DEPARTMENT SOUTHOLD TOWN HALL. 53095 MAIN ROAD, SOUTHOI.D LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section I,)3 of tile General Municipal Law, that sealed bids are sought and requested for fl~rnishin~ all of the labor, materials and equipment as specified in the bid documents for the restoration aod recoustruction of an existin~ timber bulkhead located at West Road, Peconic, New York and all in accordance with the Drawings and Specifications prepared by James A. Richter. R.A., Soutbold Town Engineering Department. Drawings aud Specifications for such bid may be obtained at the Office of the Soutbold Tmon Clerk, Town Hall, 53095 Main Road, Southold, Ne~ York 11971 for a $10.01) non-refundable fee, cash or check, made payable to the Town of Southold. An5' questions should be directed to James Richter, Southold Town Engineering Departmeot at 031/765-1560. Sealed bids, together with a Non-Collusive Bid Certificate and bid bond or certified check in the amount of $100.00, will be received by tile Town Clerk at tile Soutbold Towu Hall, 53095 Main Road. Soutbold, New York, tmtil 10:00 A.M., Thursday, February 27, 2003. at which time they will be opened and read aloud in puOlic. Tile Town Board of the Town of Southold resetwes the right to reject any and all bids and xxaive an.,,' and all intbnnalities in any bid should it be deemed in the best int,zrest of the Town of Soutbold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Bulkhead Reconstruction and Restoration, West Road", and submitted to the Town Ck. rk. The bid price shall not include any tax, federal, state, or local, flora which the Town of Soutbold is exempt. Dined: February 10, 2003. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON FEBRUARY 13, 2002, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETtt NEVILLE, TOWN CLERK, TOWN HALL. PO BOX 1179, SOUTHOLD, NY !1971. ~ tr . NON-COLLU SIX E BID CERTiFICA'I E The undersigned bidder certifies that this bid has been an-ired at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the t31~e described in the invitation fbr bids, and the contents of this bid have not been communicated by the bidder, nor. to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on an5' bond furnished herewith prior to the ot'ficial opening of the bid. (Signedl Print name (Corporate Titlel (if any) Company Name__ Mailing Address: Phone Number Bid on Bulkhead Reconstruction & Restoration PROJECT DESCRIPTION WEST ROAD BULKHEAD RESTORATION AND RECONSTRUCTION WEST ROAD, PECONIC, NEW YORK 11958 THIS PROJECT INCLUDES THE EXCAVATION AND ROMOVAL OF THE EXISTING TIMBER BULKHEAD AND DEAD MAN SYSTEM. SUBSTITUTIONS FOR MATERIALS SPECIFIED SHALL BE SUBJECT TO THE APPROVAL. OF THE HIGHWAY SUPERINTENDENT. GENERAL DESCRIPTION: INSTALLATION OF APPROXIMATELY FIFTY FIVE (55') FEET OF NEW TIMBER BULKHEAD. NEW CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE TYPICAL BULKHEAD SECTION. (SEE TYPICAL SECTION SHEET # A-l). EXCAVATE TO A DEPTH OF 2'-0" BELOW EXISTING MUD LINE BEHIND ALL NEW SHEATHING FOR INSTALLATION OF FILTER CLOTH. ALL EXCAVATED MATERIAL SHALL BE PLACED ON SITE WITH SILT FENCE AND HAY BAILS AT THE PERIMETER TO PREVENT RUNOFF FROM ENTERING TIDAL AREAS. BULKHEAD AREAS REQUIRING WORK SHALL HAVE ONE LAYER OF FILTER FABRIC INSTALLED BEHIND ALL NEW SHEATHING. INSTALLATION SHALL BE CONTINUOUS WITH A MINIMUM OVERLAP OF 2'-0". THE EXISTING MARINA ADJACENT TO THE PROJECT SHALL REMAIN OPEN DURING THE COURSE OF CONSTRUCTION. THE CONTRACTOR SHALL PROVIDE ALL NECESSARY SAFEGUARDS TO ENSURE SAFE ACCESS. THE TOWN OF SOUTHOLD SHALL NOT BE RESPONSIBLE FOR MATERIALS AND EQUIPMENT LEFT ON SITE. PROPER FENCING AND BARRICADES SHALL BE INSTALLED TO SEPARATE THE WORK SITE FROM THE GENERAL PUBLIC. REQUESTS FOR FURTHER INFORMATION AND ALL INQUIRIES SHOULD BE ADDRESSED TO THE ENGINEERS OFFICE, SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971. ATTENTION - JAMES A. RICHTER - (631) 765 1560 The foregoing Project Description is provided for general information only. It is not part on the Contract Documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings. INDEX TO SPECIFICATIONS Project Description Index to Specifications BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Statement of Non-Collusion Proposal Form N.Y.S. Affirmative Action Certification AIA Bid Bond GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions General Release Prevailing Wage Rates Payroll Certification forms Compliance with the Labor Law & Other Dept. of Labor Regulations Non-Discrimination Clause CONSTRUCTION SPECIFICATIONS General Cond,tions & General Specifications Site Plan Sections & De[ails A- 1 through A- 1 B-lthroughB-2 C-lthroughC-1 D-lthroughD-2 E-lthrough E-1 AIA Document # A310 AIA Document # A201 F- 1 through F- 2 G- 1 through G- 2 H - 1 through H - ???? I-lthroughl-2 J - 1 through J -8 K-lthroughK-2 Page 1 through Page 3 Drawing #: SP - 1 Drawing #: A- 1 INVITATION TO BID PROJECT: BULKHEAD RECONSTRCTION & RESTORATION WEST ROAD, PECONIC, NEW YORK 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified in the bid documents for the restoration and reconstruction of an existing timber bulkhead located at West Road, Peconic and all in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road1 Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM,.,'~ ;~ February 20 03. Dc/ Mont~ & Dale Year All specifications are provided herein: drawings to be attached. A fee of Ten dollars ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of One Hundred ($100.00) dollars will be required of each bidder. Please advise if you intend to bid or not. Dated: Janua~ 21,2003 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk BULKHEAD RECONSTRUCTION & RESTORATION A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made ~n strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furmsh all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all bmes to the approval of the Architect. Each proposal must be signed ~n writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be censidered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the torm of a bid bond or certified check in the amount of One Hundred ($ 100.00) dollars made payable to the Town of Southol¢l. As soon as, the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgment, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals tt~ey accompanied. C. OIVlISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications1 visit the s~te of work, and fully inform themselves of all conditions and matters, which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids, Bidders, their authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible b~dder other than the lowest money bidder, if it is Jn the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract I)y successful bidder. The competency and responsibility of the bidder and his sub- contractors will be considered in making the award. The Town reserves the right to waive any technical eh-or, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor". The Town will either award the proiect or reiect all proposals received within forty-five (45) days after the formal opening oi' proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract. BULKHEAD RECONSTRUCTION & RESTORATION B-1 F. WITHDRAWALS OF PROPOSALS Any b~dder (]pon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or in'egular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineations, erasure or corrections may be rejected. H PI_ANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if ¢ fircn or corporation, 8 duly authorized representative shall so appear, and execute six (6) copies of the Contract after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate a¢'nount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shgl~ be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as hereto before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be nulf and void, and the Town shall be entitled [o liquidated damages as above provided. J. 1-1ME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than one hundred (120) working days. BULKHEAD RECONSTRUCTION & RESTORATION B-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and wil~ not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as we~l as the person signing in its behalf. C. That attached hereto (Jr a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that of the (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be WEST ROAD BULKHEAD RECONSTRUCTION & RESTORATION West Road, Peconic, New York 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ,20 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1. 1965. Signature BULKHEAD RECONSTRUCTION & RESTORATION C-1 PROPOSALFORM Date: NAME of BIDDER: Telephone: To: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OFTHE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it. or in any portion of the profit thereof; that he has carefully examined the contract documents dated: January 10, 2003. including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: WEST ROAD BULKHEAD RESTORATION & RECONSTRUCTION West Road, Peconic, New York 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: BULKHEAD RECONSTRUCTION & RESTORATION D-1 FURNISH AND SUPPLY ALL LABOR AND MATERIALS FOR THE RECONSTRUCTION A REPLACEMENT OF A NEW TREATED TIMBER BULKHEAD IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Telephone Number: Date: Bidders Address: BULKHEAD RECONSTRUCTION & RESTORATION D-2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Cedifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: It intends to use the following listed construction trades in the work under the contract ; and, As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, B As to [hose trades for which it is required by these Bid Conditions to comply with Pad II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) BULKHEAD RECONSTRUCTION & RESTORATION E-1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, if the Obligee shall accept the bid of the I~'incipal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance ol such Contract and for the prompt payment o( labor and material furnished in the prosecuhon thereof, or in the ~vent of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Oblig~e the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Witness) (Principal) (Title) (Seal) (Witness) (Surely) (Title) {Seal) AIA DOCUMENT A310 · BID BOND · AIA ~ · FEBRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y, AVE., N.W., WASHINGTON, O. C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. H' E A M ERICA I N S T I T U T E ^ R C H I T E C T s AL4 Doctonent A201 General Conditions of the Contract for Construction 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTIL~CTOR ADNIINISTI~\TION OF THE CONTRACT S[IBCONTRACTORS O. CONSTRUCTION BY OWNER OR BY SEPARATE CONTIL~CTORS -. CHANGES IN THE \VORK 8. TIME 9. PAYMENrI'S AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY l 1, INStII[L-kNCE AND BONDS 12, UNCOVERING AND CORRECTION OF \VORK 13. MISCELLANEOUS PROVISIONS lq. TERMINATION OR SUSPENSION OF THE CONTtLhCT CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. A201~1987 I WARNING: Unlicensed pholocopying violates U.S. copyright laws and is subiect to legal prosecution. INDEX Access to Work 3.16, b z. ]. 12. I ADMINISTRATION OF THE CON~'RAcT 3 3 '~. 4, 9 4.9.~ Allowances 3.8 Architect .... 4.1 Architect's Administration of the Contract 4.2, ~ ~ ~ PorUons of the Work . . 5.2 Basic Definitions 1.1 Boiler and Machinery Insurance 11.3.2 Capitalization . 1.4 Change Orders. I I l, 2 4 ~ ~ ' Changes .......... -- 7.1 Claim, Definition <,t . 4.3.1 Claims and Timely Assertion of Claims 4.5.6 Claims for Ariditional Time .... L3.1, 4.3.8, 4 ~.¥. 8.3 2 Claims for Concealed or Unknown Conriltions 4.3.6 Commencement of Statutory Limitation Period 13.7 COMPLETION, PAYMENTS AND . . 9 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS.. ~ I ~.6 Construction Change Directives . I I I ~ 2.s - I. 7.3, t) t Contingent Assignment of Subcontracts . 5.4 Continuing Contract Performance . .. 4.3.4 CONTRACT, TERMINATION OR SUSPENSlON OF THE . . ~ ', -. ~.4.1 I 14 (', ,[~tract [ m~c. Definition, ,r ..... 8.1.1 2 A201-1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. CONTRACTOR ................ 3 Contractor's Const ruction Schedules .... 3.10,0 3 Contractor's Liability Insurance ......... 11.1 Cutting and Patching . . 3.14, ~,.2 6 Decisions to Withhold Certification 9.5, t) -. 14. I I 3 Emergencies ........ 4.3 '. 10.3 Execution, Correlation and Intent, 4 thc Final Completion and Final Payment . ~ 2 1.4 2.v. 4 ~ 2. 4 ~ ~.9.10, IIi 2 III '~. 11 ~ 'g. 12.'~ Ir 1~'~ GENERAL PROVISIONS . . . 1 Governing Law .... 13.1 Information and Services Required of the Owner. 2 I 2.2.2, Injuly or Damage to Person or Property 4.3.9 Insurance, Boiler and Machiner~ .. 11.3.2 Insurance, Contractor's Liability 11,1 Insurance, Owner's Liability . . 11.2 Insurance, Property . h~ 2 q 11.3 INSURANCE AND BONDS 11 Interest 13.6 Judgment on Final Award . ~ ~ I. 4 5 ~ I 4.5.7 Limitation on Consolidation or Joinder .... 4.5.5 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 3 Mutual Responsibility . 6.2 Nonconforming Wofl(, Acceptsnce of 12.3 Notices, Permits, Fees and OWNER 2 Owner, Information and Services Required of the 2 I 2. Owner's Liability Insurance .. 11.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts .6.1 Owner's Right to Stop the Work 2.3, 4 ~ - Ownership and Use of Architect's Drawings, Specifications Patching, Cutting and .... 3.14,. 2.(, Patents, Royalties and 3.17 Payment, Applications for ,2 ~ '~.2 9.3, '~ ~. Payment, Certificates for ~ 2 ~. ~ 2 ,), ,I ~ 3.9.4, -~ ~, Payment Bond, Performance Bond and PAYMENTS AND COMPLETION PERSONS AND PROPERTY, PROTECTION OF 10 Product Data and Samples, Shop Drawings Progress and Completion Progress Payments . 9.6, ~, ~ Properly Insurance PROTECTION OF PERsoNs AND PROPERTY ResolutionofClaimsandDisputes .. . 4.4, ~ ~ Rights and Remedies I I 2. J ~ ' ~. 3 ~ I ~ 15 -. Royalties and Patents 3.17 4 A201-1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. Rules and Notices for Arbitration . . Safety of Persons and Property .... Safety Precautions and Programs Samples, Shop Drawings, Product Data and Samples at the Site, Documents and Schedule of Values 4.5.2 3.11 Shop Drawings, Product Oats and Samples . . ~ i 1.3.12, t -' - Specifications, The SUBCONTRACTORS Subcontractual Relations Subrogation, Waivers of ~, I I. I 1.3.% 11.3.7 Successors and Assigns 13.2 Superintendent . . . 3.9, 1,, £ t, Supervision and Construction Procedures I 2 4.3.3, ~ ~. Suspension by the Owner for Convenience 14.3 Termination by the Contractor . 14.1 Termination by the Owner for Cause ~ r. Ll. 14.2 TIME ............. ...... 8 UNCOVERING AND CORRECTION OF WORK t2 Uncovering of Work Use of Site Values, Schedule of ...... Waiver of Claims: Final Payment. 12.1 3.5, ) 2 '; When A~bitration May Be Demanded 4.5.4 WARNING: Unlicensed photocopying violates Ul S . copyright laws and is subject to legal prosecution. A201-1987 5 GENERAl. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE I GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS 1.1.2 THE CONTRACI 1.1.3 THE WORK 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 5 A201-I~$? 1.5 INTERPRETATION ARTICLE 2 OWNER 2.1 DEFINITION 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER ARTICLE 3 CONTRACTOR 3.1 DEFINITION WARNING: Unlicensed photocopying violates U.S. copyright laws and is subiec~ to legal prosecutmn. A201-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.5 WARRANTY 3.6 TAXES 3.7 PERMITS, FEES AND NOTICES 3.8 ALLOWANCES 8 A201-1987 3.9 SUPERINTENDENT A201-1987 9 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 3.15 CLEANING UP 10 A201-1987 ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT ~onabl~ withheld WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 4.2.4 Communications Facilitating Contract Admlnistra- 4.3 CLAIMS AND DISPUTES A201-1987 11 4.3.4 Continuing Contract Performance. Pending final rcso- 4.3.5 Waiver of Claims: Final Payment. Thc maMng of tinM 4.3,6 Claims for Concealed or Unknown Conditions. If con 4.3.7 Claims for Additional Cost. It thc Co[ltracu 4.3.8 Claims for Additional Time 12 A201-1987 4.3.9 Injury or Damage to Person or Property. It c~ther part,, 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subiect to legal prosecution. 4.5.2 Rules and Notices for Arbitration. CI:um~ bcm-ccn ibc 4.5.3 Contract Performance During Arbitration. During arb~ 4.5.5 Limitation on Consolidation or Joinder. No .~rbitr:nllm 4.5.6 Claims and Timely Assertion of Claims. A par~y who 4.5.7 Judgment on Final Award. Thc ,m,~rd r¢[idcrcd bv thc ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK A201-1987 13 WARNING: Unlicensed photocopying violates U.S, copyright laws and is subject to legal pmseculiom ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS arM 1 2 6,2 MUTUAL RESPONSIBILITY 6.3 OWNER'S RIGHT TO CLEAN UP 14 A201-1987 WARNING: Unlicensed photocopying violates U.S, copyright laws and is subject lo legal prosecution. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES A201o1987 15 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subiect to legal prosecution. ARTICLE 8 TIME 8.1 DEFINITIONS 8.2 PROGRESS AND COMPLETION ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 16 A201-1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 9.5 DECISIONS TO WITHHOLD CERTIFICATION WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 17 2O 11.3.7 Waivers of Subrogation. Fhc (L~ ncr and Gomracti)r ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK A201-1987 21 WARNING: Unlicensed photocopying violates U.S copyright laws and is subiect to legal prosecution. paragraph 9.9 l. or by terms of an applicable special ,.varrm~ty ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.3 WRITTEN NOTICE 13.4 RIGHTS AND REMEDIES 13.5 TESTS AND INSPECTIONS 22 A201-1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. Thc Owner sh:dl bear such cos{q cxccpt para,q, raph 13.5.3 13.6 INTEREST 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD .1 Before Substantial Completion. .2 Between Substantial Completion am:l Final Certifi- .3 After Final Certificate for Payment. As ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR ily ha~ lng junsdicti~n. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal p~osecution. A201-1987 23 graph B q, and finished thc ca~ne may be. shall bt' certified by the Art.hitter. upon appli- FOR CONVENIENCE 24 A201-1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to regal prosecution. 3/87 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) (2) (3) (4) (5) (6) Premises - Operations Independent Contractors Protective. Products and Completed Operations. Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. Owned, non-owned, and hired motor vehicles. Broad form coverage for property damage. 11.1.2ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. BULKHEAD RECONSTRUCTION & RESTORATION F-1 .2 .3 Comprehensive General Liability (Including Premises - Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 Each Occurrence $ 1,000,000 Aggregate, Products and Completed Operations. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). Contractual Liability (Hold Harmless Coverage): Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate. Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION: BULKHEAD RECONSTRUCTION & RESTORATION F-2 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS that for (Contractor) and in consideration of the sum of lawful money of the United States of America, to it in hand paid (dollars) by: (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and ail manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: or supplements thereto. ,2O and any admittance IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its hereto affixed and duly attested by and its corporate seal to be its this day of ,20__ Attest: Principal: BULKHEAD RECONSTRUCTION 8, RESTORATION G-1 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for BULKHEAD RECONSTRUCTION & RESTORATION at WEST ROAD WICKHAM CREEK PECONIC, NEW YORK 11958 BULKHEAD RECONSTRUCTION & RESTORATION H-1 GENERAL PROVISIONS OF LAWS COVERING WORKERS ON PUBLIC WORK CONTRACTS INTRODUCTION The Labor Law requires public work con±rectors and subcontractors to pay laborers, workers or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and supplements (fringe benefits) in the locality where the work is performed. RESPONSIBILITIES OF THE DEPARTMENT OF JURISDICTION A Department of Jurisdiction (Contracting Agency) includes a s±ata department, agency, board or commission; a county, city, to~n or village; a school district board of education or board of cooperative educational services; a se~er~ water, fire, improvement and other district corporation; a public benefit corporation; and a public authority awarding a public work contract. The Department of Jurisdiction (Contracting Agency) awarding a public work con±tact MUST obtain e Prevailing Rate Schedule listing the hourly rates of wages and supplements due the workers to be employed on a public work pro,act. This schedule may be obtained by completing and forwarding a Request for Wage and Supplement Information form (PW-S9) to the Bureau of Public Work. The Prevailing Rate Schedule MUST be included in the specifications for the contract to be awarded and is deemed part of the public work contract. Upon the awarding of the contract, the law requires that the Department of Jurisdiction (Contracting Agency) furnish the following information to the Bureau: the name and address of the contractor, the date the contract was let and the approximate dollar value of the contract. To facilitate compliance with this provision of the Labor Law a copy of the Department's Notice of Contract Let form PW-16) is provided Hith the original Prevailing Rate Schedule. The Oepartment of Jurisdiction (Contracting Agency) is required to notify the Bureau of the completion or cancellation of any public work pro~ect. The Department's PN-200 and PW-200.1 forms are provided for that purpose. HOURS No laborer, worker or mechanic in the employ of a contractor or subcontractor engaged in the performance of any public work project shall be permitted to work more than might hours in any day or more than five days in any week, except in cases of extraordinary emergency. The contractor and the Department of Jurisdiction (Contracting Agency) may apply to the Bureau of Public Work for a dispensation permitting Horkers to work additional hours or days per week on a particular public work pro~ect. WAGES AND SUPPLEMENTS The wa~es and supplements to be paid and/or provided to laborers, workers and mechanics employed on a public work project shall be not be less than those listed in the current Prevailing Rate Schedule for the locality where the ~ork is performed. If a prime contractor on a public work proSect has not been ~rovided with a Prevailing Ra~e Schedule, the contractor must notify the apartment of Jurisdiction (Contracting Agency) who in turn must request an original Prevailing Rate Schedule from the: Ne~ York S~ate Oegartment of Labor Bureau of Public Work State Office Campus, Bldg. 12 Albany, NY 12240 Upon receiving the original schedule, the Department of Jurisdiction (Contracting Agency) is required to provide complete copies to ali prime contractors who in turn must provide copies to each subcontractor and obtain an affidavit certifying such schedule was received. Page 1 The Commissioner of Labor makes an annual determination of the prevailing rates. This determination is in effect from July 1 thru June 30 of the followin~ year. The annual determination is available on the Bepartment of Labor website (w~w.labor.state.ny.us). The prime contractor is required by law to provide copies of all applicable county schedules to each subcontractor and to obtain from each and every subcontrac±or an affidavit certifying that such schedules were received. If the original schedule expired, the contractor may obtain a copy of the new annual determination from the Department's ~ebsite. PAYROLLS AND PAYROLL RECORDS Every co~tractor and subcontrac±or must keep original payrolls or transcripts subscribed and affirmed as true under penalty of perjury. Payrolls must be maintained for at least three years from the project's date of completion. At a minimum, payrolls must show the folloHing information for each person employed on a public work project: * Name * Classification(s) in which the worker ~as employed * Hourly wage rate(s) paid * Supplements paid or provided ~ Daily and weekly number of hours worked in each classification. Every contractor and subcontractor shall submit to the Department of Jurisdiction IContracting Agency), within thirty (30) days after issuance of its first payroI1 and every thirty (30) days thereafter, a transcript of the original payrolls, subscribed and affirmed as true under penalty of perjury. The Department of Jurisdiction (Con±farting Agency) shall receive and maintain such payrolls. In addition, the Commissioner of Labor may require contractors to furnish, within ten days of a request, payroll records sworn to as their validity and accuracy for public work and private work. Payroll records include, but are not limited to, time cards, work description sheets, proof that supplements were provided, cancelled payroll checks and payrolls. Failure to provide the requested information within the allo±ted ten days will result in the withholding of up to £5% of the contract, not to exceed one hundred thousand dollars. If the contractor or subcontractor does not maintain a place of business in New York State and the amount of the con±ract exceeds $25,000, payroll records and certifications must be kept on the project worksite. The prime con±rector is responsible for any underpayments of prevailing wages or supplements by any subcontractor. All contractors or their subcontractors shall provide to their subcontractors a copy of the Prevailing Rate Schedule specified in the public work contract as ~ell as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8 of the Labor LaN. See Section 220-e(d). All subcontractors engaged by a public work project contractor or its subcontractor¢ upon receipt of the original schedule and any subsequently issued schedules shall provide to such contractor a verified statement attesting that the subcontractor has received the Prevailing Rate Schedule and will pay or provide the applicable rates of wages and supplements specified therein. See Section 220-a. DETERMINATION OF PREVAILING WAGE AND SUPPLEMENT RATE UPDATES APPLICABLE TO ALL COUNTIES The uaQes and supplements contained in the annual determination become effective July 1st whether or not the new determination has been received by a ~iven contractor. Care should be taken to review the rates for obvious errors. ny corrections should be brought to the Department's attention immediately. It is the responsibility of the public work contractor to use the proper rates. If there is a question on the proper classification to be used, please call the district office located neares~ the pro~ect. Any errors in the annual determination Nil1 be corrected and posted to the Department's website on the first business day of each month. Contractors are responsible for paying these updated rates as well, retroactive to July 1st. When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates for which a given set of rates is effective. To the extent possible, the Page Department posts rates in its possession that cover periods of time beyond the July ls± to June 30th time frame covered by a particular annual determination. Rates that extend beyond that instant time period are informational only and may be updated in future annual determinations that actually cover the then appropriate July 1st to June 30th time period. WITHHOLDING OF PAYMENTS When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to gay or provide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages or supplemen±s may be due, payments on the public work contract shall be withheld from the prime contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination. When the Bureau of Public Murk finds that a contractor or subcontractor on a public work project failed to pay or provide the requisite prevailing wages or supplements, the Bureau is authorized by Sections 220-b and 235.2 of the Labor Law to so notify the financial officer of the Oepartment of Jurisdiction (Contracting Agency) that awarded the public work contract. Such officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of such contract the amount indicated by the Bureau as sufficient to satisfy the unpaid wages and supplements, including interest and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until there is a final determination of the underpayment by the Commissioner of Labor or by the court in the event a legal proceeding is instituted for review of the determination of the Commissioner of Labor. The Department of Jurisdiction (Contracting Agency) shall comply with this order of the Commissioner of Labor or of the court with respect to the release of the funds so withheld. SUMMARY OF NOTICE POSTING REQUIREMENTS The current Prevailing Rate Schedule must be pasted in a prominent and accessible place on the site of the public work project. The prevailing wage schedule must be encased in, or constructed of, materials capable of withstanding adverse weather conditions and be titled "PREVAILING RATE OF HAGES" in letters no smaller than two (2) inches by two (2) inches. Every employer providing workers' compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Workers' Compensation Board in a conspicuous place on the jobsite. Every employer subject to the New York State Human Rights Law must conspicuously post at its offices, places of employment, or employment training centers notices furnished by the State Division of Human Rights. Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite notices furnished by the New York State Department of Labor. APPRENTICES Employees cannot be paid apprentice rates unless they are individually registered in a program registered with the New York State Commissioner of LaBor. The allowable ratio of apprentices to journeyworkers in any craft classification can be no greater than the statewide building trade ratios promulgated by the Department of Labor and included with the Prevailing Rate Schedule. An employee listed on a payroll as an apprentice who is not registered as above or is performing work outside the classification of work for which the apprentice is indentured, must be paid the prevailing journeyworker's wage rate for the classification of work the employee is actually performing. Article 8 of the New York State Labor Law requires that only apprentices individually registered ~ith the New York State Department of Labor may be paid apprenticeship rates on a public work project. No other Federal or State Agency or office registers apprentices in New York State. Page Persons wishing to verify the apprentice registration of any person must do so in writing to the: New York S±ate Department of Labor Office of Employability Development/Apprenticeship Training Skate Office Campus, Bldg. 12 Albany~ NY 122q0 Fax (518~ ~57-715q All requests for verifica±ion must include the name and social security number of the person for whom the information is requested. The only conclusive proof of individual apprentice registration is written verification from ±he Albany Apprenticeship Training Central Office. Neither Federal nor, State Apprenticeship Training offices outside Albany can provide conclusive registration information. It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any person is registered in that program. Furthermore, the existence or possession of wallet cards, identification cards or copies of state forms is not conclusive proof of the registration of any person as ~n apprentice. Interest shall be assessed at the rate then in effect, as prescribed by the Superintendent of Banks pursuant to section 14-a of the Banking LaN, per annum from the date of underpayment to the date restitution is made. A Civil Penal±y may also be assessed, not to exceed 25% of the ±oral of DEBARMENT Any con±factor or subcontractor and/or its successor shall be ineligible to submit a bid on or be awarded any public work contract or subcontract with any state, municipal corporation or public body for a period of five years when: ~ Two ~illful determinations have been rendered against that contractor or subcontractor and/or its successor within any consecutive six-year period. ~ There is any willful determination that involves the falsification of payroll records or the kickback of wages or supplements. CRIMINAL SANCTIONS Willful violations cf the Prevailing Wage Law (Article 8 of the Labor Law) constitute a misdemeanor punishable by fine or imprisonment, or both. DISCRIMINATION No employee or applicant for employment may be discriminaled against on account of age, race, creed, color, national origin, sex, disability or marital status. No contractor, subcontractor nor any person acting on its behalf, shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. See Section No contractor, subcontractor nor any person acting on its behalf, shall in any manner, discriminate against or intimidate any employee on account of)race, creed, color, disability, sex or national origin. See Section 2ZO-elb . The Human Rights Law also prohibits discrimination in employment because of age, marital status or religion. Page There may be deduc±ed from ±he amour± payable to ±he con±fac±or under ±he con±rac± a penal±y of fif±y dollars for each calendar day during which such person was discrimina±ed against or in±imidated in viola±ion of ±he provisions of ±he con±rac±. See Sec±ion The con±fac± may be cancelled or ±ermine±ed by ±he S±a±e or municipali±y. All monies due or ±o become due ±hereunder may be forfei±ed for a second or any subsequent viola±ion of ±he ±erms or conditions of ±he an±i-discrimina±ion sec±ions of ±he con±fac±. See Sec±ion 220-e(d). Every employer subjec± ±o ±he New York S±a±e Human Righ±s Law mus± conspicuously pos± a± i±s offices~ places of employmen±, or employmen± ±raining cen±ers no±ices furnished by ±he S±a±e Division of Human Righ±s. WORKERS' COMPENSATION In accordance wi±h Sec±ion ]qZ of ±he S±a±e Finance Law, ±he con±fac±or shall main±ain coverage during ±he life of ±he contrac± for ±he benefi± of such employees es required by ±he provisions of ±he Ne~ York S±a±e Norkers' Compensa±ion A Con±rector who is awarded a public work con±rac± mus± provide proof of workers' compensa±ion coverage prior ±o being allowed ±o begin work. The insurance policy mus± be issued by a Company au±horized ±o provide ~orkers' compensa±ion coverage in New York S±a±e. Proof of coverage mus± be on form C-iOE.2 (Cer±ifica±e of Workers' Compensa±ion Insurance) and mus± name ±his agency as a cer±ifica±e holder. If New York S±a±e coverage is added ±o an exis±ing ou±-of-s±a±e policy, i± can oniy be added ±o a policy from a company au±horized ±o wri±e workers' compensa±ion coverage in ±his s±a±e. The coverage mus± be lis±ed under i±em 3A of ±he informa±ion page. The con±fac±or mus± main±air proof ±ha± subcontractors doing work covered under ±his con±fac± secured and main±aired a workers' compensa±ion policy for all employees ~orking in Ne~ York S±a±e. Every employer providing workers' compensation insurance and disabili±y benefi±s mus± pos± no±ices of such coverage in ±he forma± prescribed by ±he Workers' Compensa±ion Board in a conspicuous place on ±he jobsi±e. UNEMPLOYMENT INSURANCE Employers liable for contribu±ions under ±he Unemployment Insurance Law mus± conspicuously pos± on the jobsi±e notices furnished by ±he New York Sta±e Depar±men± of Labor. P~-203 (6/01) Page 5 NEW YORK STATE DEPARTMENT OF LABOR Bureau of Public Work State Office Campus, Bldg. 12 Albany NY 12240 T/O SOUTHOLD JAMES HCMAHON T/O SOUTHOLD TOHN HALL P.O. BOX li7R SOUTHOLD SUFFOLK COUNTY AGY. OF JURIS. : NAT. OF PROJECT: Schedule Type Date oi,,21/o5 Prevailing Rate Case No 0102064 PROJECT ID #: NONE HEST ROAD BULKHEAD REPLACEMENT,REPLACEMENT OF SO' OF BULKHEAD ON 2002 REDETERHINATION HEAVY S HHY CONS-NEH & REPAIR Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith. Sec 220.3a of the/.abor Law requires that certain information be furnished to the Commissioner of Labor, Accordingly. you MUST complete ONE of these requests for' EACH prime contract let ~mmediately upon notifying a successful bidder for this Public Work project. Photocopy as many blank forms as required to supply one for each contractoL Return this request to the address given above [] Project CANCELLED, POSTPONED or assigned to agency's own employees, if reactivated, new rates and supplements will be requested [] CONTRACT AWARDED: (check one and indicate date of first legal instrument which bound agency to contract.) [] Letter of Intent [] Contract Signed [] Resolution Work to be done by this prime contractor' Type of Contract: CHECK APPLICABLE TYPE [] (01) General Construction [] (02) Heating/Ventilation [] (03) Electrical [] (04) Plumbing [] (05) Other Contractor Ir~formalion: ALL INFORMATION MUST BE SUPPLIED Federal Employer Identification Number: Name: Address: CONTRACTOR'S TELEPHONE #: ( ) - City: Amount of Contract Approximate Complelion Date: / /' Estimaled Date Entrre Project Will be Completed: / CONTRACTS NOT YET AWARDED Type of Contract (Check all applicable contracl types) [] (01) General Construction [] (02) Heating/Ventilation [] (04) Plumbing [] (05) Other Signature Slate: Approximate Starting Date: ZIp: / / [] (03) Electrical Date Page O1 ~revailing Rate Schedule New York State Department oF Labor .................................. Case Number .................................. 0102066 SUFFOLK 2002 Prevailing Nage Rates for 07/01/02 - 06/30/03 INFORMATION ABOUT PREVAILING RATE SCHEDULE This information is provided to assist you in the interpretation of particular requirements for each classification of worker contained in the attached Schedule of Prevailing Rates. PAID HOLIDAYS Paid Holidays are days for which an eligible employee receives a regular day's pay. but is not required to perform work. If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed. OVERTIME Overtime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required where the employee ac±ual]y performs work on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays cmn be found in the OVERTIME PAY section listings for each classification. SUPPLEMENTAL BENEFITS Particular attention should be given to the supplemental benefit requirements. Although in most cases the payment or provision of supplements is for each hour worked, some classificetions require the payment or provision of supplements for each hour paid (including paid holidays on which no ~ork is performed~ and/or may require supplements to be paid or provided at a gremium rate for premium hours worked. EFFECTIVE DATES Whel~ you review the schedule for a particular occupation, your after±ion should be directed to the dates above the column of rates. These are the dates for which a given set of rates is effective. The rate lis±ed is valid until the next effective rate change or until the new annual determination which takes effect on July i of each year. All contractors and subcontractors are requiredto pay the current prevailing rates of wages and supplements. If you have anyquestions, please contact the Bureau of Public Work or visit the New York StateOepartment of Labor websi±e I~ww.labor.s±ate.ny.us) for current wage rate information. APPRENTICE TRAINING RATIOS The following are the allowable ratios of registered Apprentices to Journey- For example, the ratio 1:1,1:3 indicates the allowable initial ratio is one Apprentice to one Journeyworker. The Journeyworker must be in place on the projec± before an Apprentice is allowed. Then three additional Journeyworkers are needed before a second Apprentice is allowed. The last ratio repeats indefinitely. Therefore, three more Journeyworkers must be present before a third Apprentice can be hired,and so on. Please call Apprentice Training Central Office at (5181 q57-6820 if you have any questions. Title (Trade) Ratio Boilermaker l:l,l:q Mason l:l,l:q Page 02 ' -availing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 0102064 SUFFOLK 2002 Electrical (Outside) Lineman Electrician IInside) Elevator/Escalator Construc±ion 8 Modernizer Glazier Insulation 8 Asbestos Worker Iron Worker Laborer Painter Plumber 8 Steamfi±ter Sheet Metal Worker Sprinkler Fitter 1:1 1:4 1:1 1:2 1:1 1:3 1:1,1:2 1:1,1:3 1:1,1:4 1:1,1:6 1:1,1:3 1:1,1:5 l:l,l:3 1:1,1:3 1:1,1:2 i:1,1:3 1:1,1:2 If you have any questions concerning the attached schedule or would like additional information, please contact the nearest BUREAU of RUBLIC WORK District Office or wri±e to: New York State Depar±ment of Labor Bureau of Public Work State Office Campus, Bldg, 12 Albany, NY 12240 District Office Locations: Bureau of Public Work - Albany Bureau of Pubiic Work Binghamton Bureau o¢ Public Work Buffalo Bureau of Pubiic Work - Hempstead Bureau o~ Public Work Rochester Bureau of Public Work - Syracuse Bureau of Rublic Work - Utica Bureau of Rublic Work - Nhi±e Rlains Bureau of Rublic Work - Ne~ York City Bureau of Rublic Work - Central Office Updated 01/'01/'2003 Telephone# FAX # 518-457-2744 607-721-8005 716-847-7159 516-228-3915 585-258-4505 315-428-4056 315-793-2314 914-997-9507 212-352-6088 518-457-5589 5/23/2001) NOTES Admin. 518-485-0240 607-721-8004 716-847-7650 516-7gq-3518 585-258-~708 315-428-4671 315-793-25q2 914-997-9523 212-352-6186 518-485-1870 OVERTIME/HOLIDAY CODES OVERTIME Following is an explanation of the code(s) lis±ed in the OVERTIME section of each classification contained in the a±teched schedule. Additional requirements may also be listed in the HOLIDAY section. A ) Time and one half of the hourly rate after 7 hours per day. AA) Time and one half of the hourly rate after 7 and one half hours per day. B ) Time and one half of the hourly rate a~±er 8 hours per day. Bi) Time and one half of the hourly rate for the 9th 8 loth hours Heek days and the 1st 8 hours on Saturday. Double the hourly rate for all additional hours. C ) Double the hourly rate after 7 hours per day. C1) Double the hourly rate after 7 and one half hours per day. 0 ) Double the hour]y rate after 8 hours per day. D1) Double the hourly rate after 9 hours per day. Page 03 · ling Rate Schedule New York State Depar±men± of Labor .................................. Case Number .................................. 0102064 SUFFOLK 2002 E ) Time and one half of the hourly rate on Saturday. El) Time and one half 1st q hours on Saturday. Double the hourly rate all additional Saturday hours. E2) Saturday may be used as a make-up day at straight ±ime when a day is los± during ±ha± week due ko inclement weather. E3) Be±ween November 1st and March 3rd Saturday may be used as a make-up day a± straight ±ime when a day is lost during that week due to inclement wea±her, provided a given employee has worked be±ween 16 and 32 hours that week. Eq) Saturday and Sunday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather. F Time and one half of the hourly rake on Sa±urday and Sunday. 6 Time and one half of the hourly rate on Saturday and Holidays. H Time and one half of ±he hourly rake on Sa±urday, Sunday, and Holidays. I Time and one half of the hourly rate on Sunday. J Time and one half of ±he hourly rate on Sunday and Holidays. K Time and one half of the hourly rate on Holidays. Double the hourly rate on Saturday, M Double the hourly rate on Saturday and Sunday. N Double the hourly rate on Saturday and Holidays. 0 Double the hourly rate on Sa±urday, Sunday, and Holidays. P Double the hourly rate on Sunday. Double the hourly rake on Sunday and Holidays. R Double the hourly rate on Holidays. S Two and one half times ±he hourly rake for Holidays, if worked. S1 Two and one half ±imes ±he hourly rate the first 8 hours on Sunday or Holidays. One and one half times the hourly ra±e all addi±ional hours. T Triple the hourly rate for Holidays, if worked. U Four times ±he hourly rate for Holidays, if worked. V Including benefi±s at SAME PREMIUM as shown for overtime. Time and one half for benefits on all overtime hours. NOTE:BENEFITS are REP HOUR NORKED,for each hour worked, unless otherwise noted HOLIDAYS PAID Holidays: Paid Holidays are days for which an eligible employee receives a regular day's pay, bu± is not required to perform work. If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the ~ork actually performed. OVERTIME Holiday Ray: Overtime holiday pay is the premium pay that is required for work performed on specified holidays. I± is only required where the employee actually performs work on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay for these covered holldays can be found in the OVERTIME RAY section listings for each classification. Following is an e×planation of the code(si listed in the HOLIDAY section of each classification contained in the attached schedule. The Holidays as listed below are to be paid ak the wage rates at which the employee is normally classified. 1 ) None. 2 1 Labor Day. 3 ) Memorial Day and Labor Day. q ) Memorial Day and July nth. 5 ) Memorial Day, July q±h~ and Labor Day. 6 ~ New Year's Day, Thanksgiving Day, and Chris±mas Day. 7 ) Lincoln's Birthday, Nashington's Birthday, and Veterans Day. 8 ) Good Friday. g ) Lincoln's Birthday. Page O~ revailing Rate Schedule New York State Department of Labor ................................... Case Number .................................. 0102066 SUFFOLK 2002 lO ) Nashington's Birthday. ll ) Columbus Day. 12 ) Election Day. 13 ) Presiden±ial Election Day. lq ) 1/2 Day on Presidential Election Day. 15 ) Veterans Day. 16 ) Day after Thanksgiving Day. 17 ) July 4th. 18 ) 1/2 Day before Christmas Day. 19 ) 1/2 Day before New Years Day. 20 ) Thanksgiving Day. 21 ) New Year's Day. 22 ) Christmas Day. Z3 ) Day before Christmas. 2q ) Day before New Yeer's Day, 25 ) Presidents' Day. 28 ) Martin Luther King, Jr. Day. Updated 01/01/2003 Asbestos Norker NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs WAGES: (per hour) 7/01/02 Asbestos Norker ....... $36.11 OVERTIME: See I C~ O, T*, V ) on OVERTIME PAGE. ~ overtime code T applies to Labor Bay only if worked. HOLIDAYS: Paid: Overtime: See ( 1 ) on HOLIDAY PAGE. See ( 5, 6, 9, 11~ 15, 16, For Rem./Aba±ement: See 25 ) on HOLIDAY PAGE. 1 ) on HOLIDAY PAGE. APPRENTICES:I I )year terms at the following percentage of Journeyman's rates. 1st 2nd 3rd qth qO% 60% 70% 80% SUPPLEMENTAL BENEFITS: (pen hour worked) Journeyman .............. $ 20.89 Apprentices ............. Same % as wages of $ 20.89 WAGES (per hour) 7/01/02 12/01/02 Rem./Abatement only* ...... $ 23.00 Addit. $1.00 per hr. *On mechanical systems that are not to be scrapped. other removal or abatement refer to Laborer Asbestos Abatement, OVERTIME: Rem./Abatement: Time and One-Half after 8 hours per day and after 5 work days per week. Page 05 tPrevailing Ra±e Schedule Ne~ York $±a±e Depar±men± of Labor .................................. Case Number .................................. O10208q SUFFOLK 2002 Journeyman Rem 8 Aba±emen± .......... $ 6.20 9-12 Upda±ed 01/01/2005 Boilermaker DUTCHESS COUNTY: NASSAU COUNTY: NEW YORK CITY: ORANGE COUNTY: PUTNAM COUNTY: ROCKLAND COUNTY: SUFFOLK COUNTY: SULLIVAN COUNTY: ULSTER COUNTY: WESTCHESTER COUNTY: WAGES: (per hour) Er±ire Coun±y En±ire Coun±y En±ire 5 Boroughs Er±ire Coun±y En±ire Coun±y En±ire County En±ire Coun±y Entire Coun±y En±ire Coun±y En±Jne Coun±y 7-01-02- 6-50-05 Boilermaker ........... $ 35.69 OVERTIME PAY: See ( B~, D, E. q ) on OVERTIME PAGE. NOTE:( ~ ONLY ON REPAIR WORK) HOLIDAYS: Paid: Over±ime: See [ 8, 16, 25, 24 ) on HOLIDAY PAGE. See [ q, 6, 11, 12, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: I 1/2 is± 2nd 5rd 65% 65% 70% year ±erms a± ±he following percen±age of journeyman's 4±h 5±h 6±h 7±h 8±h 75% 80Z 85% 90% 95% SUPPLEMENTAL BENEFITS: (per hour ~orked) $4.59 + q7 % of wage re±e q-5 Upda±ed 01/01/2003 Carper±er - Building and Heavy Highway NASSAU COUNTY: Er±ire County SUFFOLK COUNTY: En±ire Coun±y WAGES: (per hour) 7-01-02- 6-30-05 Building Page 06 ~revailing Pate Schedule New York State Department of Labor .................................. Case Number .................................. 0102064 SUFPOLK 2002 Carpen±er .......... $ $2.42 Heavy/Highway: Carpenter .......... $ 32.42 OVERTIME PAY: See ( B, E, q ) on OVERTIME PAGE. NOTE: ON NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND OR, ANY GOVERNMENT MANDATED OFF SHIFT WORK THE FOLLOWING RATE(S) SHALL APPLY: Monday thru Friday q:OOpm to 12:00am ...... $ 36.31 HOLIDAYS: Paid: See Overtime: See APPRENTICES : 18,19 ) on HOLIDAY PAGE. 5,6,16,23,2q,25 ) on HOLIDAY PAGE. 1 ) year terms at the following Building Heavy/HighHay 1st yr qOZ qOZ 2nd yr 55Z 55% 3rd yr 65% 65Z ~±h yr 75Z 75Z SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $ 22.29 Appr ist ~ 2nd ±roms 10.90 Appr 3rd 8 qth terms 10.90 q-SUF Updated 01/01/2003 Carpenter - Dockbuilder ALBANY COUNTY: DUTCHESS COUNTY: NASSAU COUNTY: NEW YORK CITY: ORANGE COUNTY: PUTNAM COUNTY: ROCKLAND COUNTY: SCHENECTADY COUNTY: SUFFOLK COUNTY: WESTCHESTER COUNTY: PENSSELAER COUNTY: WAGES: (per hour) Entire County Entire County Entire County Entire 5 Boroughs Entire County Entire County Entire County Entire County Entire County Entire County City of Troy 7/01/02 Piledriver ................ $ 33.68 Dockbuilder ............... 33.q8 OVERTIME PAY: See ( B, E2, 0 ) on OVERTIME PAGE. Page 07 ~revailing Rate Schedule Ne~ York State Department of Labor .................................. Case Number .................................. 0102066 SUFFOLK 2002 HOLIDAYS: Paid: See ( 18, 19 ) on HOLIDAY PAGE. Paid: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for ls± 8 2nd yr. Apprentices Overtime: See I 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: 1st. ( i year terms at the folloNing percentage of Journeyman's 2nd. 3rd. qth. 50~ 65Z 80Z SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ............... $ 25.6q Apprentices .............. 16.59 9 - lq56 Updated 01/01/2003 Carpenter - Floor Coverer DUTCHESS COUNTY: Entire Coun±y NASSAU COUNTY: Entire Coun±y NEN YORK CITY: Entire 5 Boroughs PUTNAM COUNTY: Entire County ROCKLAND COUNTY: Entire Coun±~ SUFFOLK COUNTY: Entire County NESTCHESTER COUNTY: Er±ira County NAGES: tper hour) 7/01/02 Carpet/Resilient Floor Coverer ................ $ 55.09 OVERTIME PAY: See ( B, E, 0 ) on OVERTIME PAGE. HOLIDAYS: Paid: See I 18, Paid: See ( 5, Overtime: See ( lg ) on HOLIDAY PAGE. 8, I1, 13, 16, 18, 19, 25 ) for is± & 2nd yr. Apprentices 6, 11, 13, 16, 18, 19, 25 I on HOLIDAY PAGE. APPRENTICES: ( 1 I year terms at the following percen±age of Journeyman's 1st. 2nd. 3rd. qth. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................ $ 2~.6q Apprentices ............... 16.39 9 - 2287 Updated 01/01/2003 Page 08 ~revaiIing Ra±e Schedule New York State Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2002 Carpen±ec - Marine Cons±ruction/Diver NASSAU COUNTY: Entire County MEN YORK CITY: Eh±ire 5 Boroughs PUTNAM COUNTY: En±ire County ROCKLAND COUNTY: Eh±ire County NESTCHESTER COUNTY: En±ire County SUFFOLK COUNTY: Entire County NAGES: (per hour) 7/01/02 Marine Cons±ruction: Marine Diver .................. $ 41.17 " " Tender ............ $ 30.39 OVERTIME PAY: See f B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 18, 19 ) on HOLIDAY PAGE. Paid: See ( 5, 6, 10, 11, 13, 16, 18, 19 ) Overtime: See (5~ 6) 10, 11, 13, 16, 18, 19 ) for 1st 8 2nd yr. Appren±ices on HOLIDAY PAGE. APPRENTICES: I1) year ±erms a± the ~ollowing percentage o~ ±he journeyman's 1st 2nd ~rd qth qO~ 50% 65% 80% SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................. $ 23.6q Apprentices ............... 16.39 g - lq56 Upda±ed 01/01/2003 Carpenter - Millwright NASSAU COUNTY: En±ire Coun±y NEN YORK CITY: En±ire County PUTNAM COUNTY: En±ire County ROCKLAND COUNTY: En±ire County SUFFOLK COUNTY: En±ire County NESTCHESTER COUNTY: En*ire County NAGES: (per hour) 7/01/02 Building: Millwrigh~ .................... $ 35.21 OVERTIME PAY: See ~ B, E, E2, q ) on OVERTIME PAGE. HOLIDAYS: Paid: Paid: Overtime: See ( 18, 19 ) on HOLIDAY PAGE. See ( ~, 6, 11, 13, 16, 18~ 19, 25 ) for 1st & 2nd yr. Appren±ice~ See (5' 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. Page 09 Prevailing Rate Schedule N~N York State Department of Labor .................................. Case Number ................................. 010206q SUFFOLK 2002 APPRENTICES: 1st. 55~ I I year terms at the following percentage of Journeyman's £nd. 3rd. 4th. 65% 75% 95% SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................. $ 25.96 Appr 1st term ............. 17.£2 Appr 2nd term ............. 18.85 Appr 3rd term ............. 21.18 Appr 4th term ............. 23.70 9-740.1 Updated 01/01/2003 Carpenter - Timberman NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire Coun±y NESTCHESTER COUNTY: Entire County WAGES: (per hour) 7/01/01 Timberman .................. $ 30.59 OVERTIME: See HOLIDAYS: Paid: See Paid: See Overtime: See APPRENTICES: Yst. 2nd. qO% 50% B, E, E2, q ) on OVERTIME PAGE. 18, 19 ) on HOLIDAY PAGE. 5, 6, 11, 13, 16, 18, 19, 25 ) 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st 8 2nd yr. Apprentices on HOLIDAY PAGE. 1 ) year terms at the following percentage of Journeyman's 3rd. 4th. 65% 80% SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................ $ 23.64 Apprentices ................ 16.39 9 - 1536 Updated 01/01/2003 Core Driller ORANGE COUNTY: South of but including ±he folloHin~, Na±arloo Mills, Sla±e Hill, Ne~ Hampton, Goshen, Blooming Grove, Noun±ainvllle, east ±o the Hudson River. PUTNAM COUNTY: South of but includin9 ±he following, Cold Spring, Tompklns Corner, Mahopac, Croton Falls, east to Connecticut border. Page 10 )revailing Rate Schedule Ne'w York State Department of Labor .................................. Case Number .................................. 0102084 SUFFOLK 2002 SUFFOLK COUNTY: Nest of Port Jefferson and Patchoque Road to Route 112 ~o the Atlantic Ocean. NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs ROCKLAND COUNTY: Entire County NESTCHESTER COUNTY: Entire County WAGES: (per hour) 10/16/01 Core Drilling: Driller .................. $ 24.73 Helper ................... 20.47 Note: Hazardous Waste Pay Differential: For Level C, an additional $ 0.25 per hour For Level B, an additional .75 per hour For Level A, an additional 1.00 per hour Note: When required to Honk on Hater: an additional $ 0.25 per hour. OVERTIME PAY: See ~ B, E K*, P, R~ ) on OVERTIME PAGE. HOLIDAYS: Paid: Overtime: See ( See ( B, 6 on HOLIDAY PAGE. 6 on HOLIDAY PAGE. 10, 11, 13 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 9.59 9-1536 Updated 01/01/2003 Electrician NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County WAGES: ~per hour) 7-01-02- 5-05-03- 5-02-03 5-04-04 Electrician ............ $ 39.00 $ ql.O0 Fire Alarm ............. 39.00 41.00 Audio/Sound ............ 39.00 41.00 OVERTIME PAY: See ~ B,E,Q,V~ ) on Overtime Page. HOLIDAYS: Paid: See ~ 1 ~ on HOLIDAY PAGE. Overtime: See ( 5,8,12,16,25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th 6th 35% 40% 45% 50% 60% 70% SUPPLEMENTAL BENEFITS: (percents based on hourIy wages/others per hour) Journeyman 45,5% + 43.5% + Page 11 Prevailing Ra±e Schedule New York S±a±e Depar±men± of Labor .................................. Case Number .................................. 010206q SUFFOLK 2002 App 1st ~r 12.01 * 12.0% $ 2.70** $ 2.90** App 2nd ~r 21.5% + 21.5% App 3rd ~r q3.5% + q3.5% App qth ~'r q3.5% + ~3.5% AmP 6±h PUMP 8 TANK WORK Journeyman ....... 7-01-02- 5-03-03 31.30 OVERTIME; See ( B, E, O ) an OVERTIME PAGE. HOLIDAYS: Paid: ( 1 ) Over±ime: ( 5, 6, 9, 16, 25 ) on HOLIDAYS PAGE. APPRENTICES: One ( 1 ) yea~ ±arms a± the following percent of journeyman's rate. is± 2nd 3rd q±h 5t qO% 50% 60% 70% 85% SUPPLEMENTAL BENEFITS: per hour ~orked. 50 1/2% of hourly ra±e q-25 Upda±ed 01/01/2003 Electrician - Lineman NASSAU COUNTY: Eh±ire Coun±y SUFFOLK COUNTY: Entire Coun±y For U±ili±y Distribu±ion 8 Transmission Line Cons±ruction. WAGES: {per houri 7-01-02- q-O6-O3- q-05-03- q-O3-Oq Lineman / Splicer ............... $ 31.10 $ 3q.15 Ma±aria1 Man .................... 28.80 29.71 Heavy Equip. Opera±or ............ 26.q8 27.32 Groundman ....................... 19.B6 20.q9 Fiagman ......................... lq.90 15.37 OVERTIME PAY: See ( B,Q I on OVERTIME PAGE. Page 12 ~revailing Ra±e Schedule Ne'w York S±a±e Depar±men± of Labor .................................. Case Number .................................. 010206q SUFFOLK 2002 HOLIDAYS: Paid: Over±±me: See ( 5,6,8,16,23,25~26 ) on Holiday page. See ( 1 I on Over±ime Page. APPRENTICES: 1000 hour Periods at ±he following Percentage of Journeyman's Wage. ls±. 2nd. 5rd. qth. 5±h. 6±h. 7±h. 60× 65~ 70~ 75~ 80~ 85~ 90~ SUPPLEMENTAL BENEFITS: (percents based on gross wages-o±hers per hour) 22.50% + 22.50% + 4.43 $ 5.2q Underground Natural Gasline Mechanic (2" or less): Journeyman U.G.Mechanic ....... OVERTIME: See B, E, E2, P ) HOLIDAYS:: Paid: See Over±ime: See 7-01-02- 6-30-03 27.52 6, 8, 9, 10, 11, 16 ) on Holiday Page. ~'~ on Over±±me Page. Supplemental Benefi±s: ( per hour worked ) 23.0% + $ q. O0 4-1049 line Updated 01/01,/2003 Elec~ricien - Main±enance NASSAU COUNTY: En±ire County SUFFOLK COUNTY: Eh±ire County "PLEASE NOTE" Applicable to elec±rical main±enance of axis±lng elec±rical sys±ems including, but not limited ±o ±raffic signals ~ s±ree± ligh±ing. WAGES: tper hour) 7-01-02- 4-26-03- q-25-03 4-30-04 Elec±rician ........ $ 30.76 $ 32.30 OVERTIME PAY: See I B, H, ) on OVERTIME PAGE. HOLIDAYS: Paid: See I i I on HOLIDAY PAGE. Over±±me: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. Page 15 ~Prevailing Rate Schedule New York State Oepar±men± of Labor .................................. Case Number .................................. 010206q SUFFOLK 2002 APPRENTICES: ( 1 I year terms at the following wage. 1st 2nd 3rd 4±h B±h qO% 50% 60% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) of Wage + 29% of Wage 29~ 2.09 $ 2.21 q-25m Updated 01/01/2003 Elec±rician - Teledate NASSAU COUNTY: Entire Coun±y SUFFOLK COUNTY: Entire County "PLEASE NOTE" This rate does not apply to construction of a new building or a major renovation of an existing one. In those cases the regular Electrician rate applies. Please call Hemps±eed Distric± Office at (516)22B-391B or Fax at (518)79q-$518 to ensure proper rate. WAGES: (per hour) 7-01-02- 6-30-03 tTelephone and Integrated Tele-Da±a Systems1 Journeyman ........... $ 28.69 OVERTIME PAY: See r B, E, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See (1) on HOLIDAY PAGE. Overtime: See (5,6.11,12,16,25)) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman q7.5% + $ 0.8~ q-25 Updated 01/01/2003 :::::::::::::::::::::::::: ..................................................... NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County WAGES: ~per hour~ 7-01-02- 6-30-03 (TREE TRIMMER) Linc Clearance Specialist .......... $ 20.qq Page lq ~revailing Rate ScheduIe N~w York State Department of Labor .................................. Case Number .................................. 010205q SUFFOLK 2002 OVERTIME: See B, E, P, T ~ on OVERTIME PAGE. HOLIDAYS: Paid: See Overtime: See 5, 6, 8, 9, 10~ 11, 16, ) on HOLIDAY PAGE. 1 ) on 0VERTIHE PAGE. SUPPLEMENTAL BENEFITS: (per hour ~orked) 12.5X + ~ q.37 q-lOq9 Updated 01/'01/2003 Elevator - Constructor ROCKLAND COUNTY: Entire Coun±y except for the To~nship of S±ony Porn± NESTCHESTER COUNTY: Entire County except for the Townships of Bedford, Lewisboro, Cortland, Mt. Kisco, North Salem, Pound Ridge, Somers and Yorktown. NASSAU COUNTY: Entire County NEW YORK COUNTY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County NAGES: Iper hour) 7/01/02 Elevator Constructor .............. $ 39.50 "Moderr. ~ service ............ $ 31.96 Apprentice: (8) month terms at the following percentage of Journeyman's Nage. 1st 2nd 3rd qth 5th 6th 7th 8th gth 10±h 50% 60~ 65~ 70X 75~ 75~ 75~ 75% 75% 75~ OVERTIME PAY: CONSTR. See ( C, 0 ) on OVERTIME PAGE. OVERTIME PAY: MODERN./SERV, See ( B, H ) on OVERTIHE PAGE. HOLIDAYS: Paid: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman and Appren±±ces: Construction ................... $ 16.7~5 Appr. 1st year ................ 11.305 Appr. 2nd year ................ Appr. 3rd year ................ Appr. q±h year ................ Appr. 5th year ................ 1~.~0~ Modern./Service ................ 15.7q5 Appr. 1st year ................ 10.7~5 Appr. 2nd year ................ ll.qq5 O Page 15 , Prevailing Rate Schedule New York State Oepartment of Labor .................................. Case Number ................................... 0102064 SUFFOLK 2002 Appr. ~rd year ................ 12.305 Appr. qth year ................ 13.60E Appr. 5th year ................ lq.46B 9-1 Updated 01/01/2003 Glazier DUTCHESS COUNTY: Entire county NASSAU COUNTY: Entire county NEW YORK CITY: Entire S boroughs ORANGE COUNTY: Entire county PUTNAM COUNTY: Entire county ROCKLAND COUNTY: Entire county SUFFOLK COUNTY: Entire county SULLIVAN COUNTY: Entire county ULSTER COUNTY: Entire coonty HESTCHESTER COUNTY: Entire county HAGES: (per hour) 5/01/02 Glazier .................. $ 52.20 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE. HOLIDAYS: Paid: Overtime: See I 1 ~ on HOLIDAY PAGE. See I 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of 1st 2nd 3rd 4th 50% 60X 80% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............. $ 20.12 Appr 1st term .......... 6.45 Appr 2nd term .......... 12.49 Appr 3rd term .......... 14.01 Appr 4th term .......... 17.47 9-1087 (DC9 NYC) Updated 01/01/2005 Ironworker - Derrickman/Rigger NASSAU COUNTY: Entire County NEW YORK CITY: Entire S Boroughs SUFFOLK COUNTY: Entire County NESTCHESTER COUNTY: Entire County Page 16 ~revailing Rate Schedule N~ York State Oepartment o~ Labor ................................. Case Number .................................. 010206q SUFFOLK 2002 NAGES: (per hour) 7/01/02 Derrickman/Rigger .......... $ OVERTIME PaY: See I C, O, V ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE. APPRENTICES: ~ 1/2 ) year terms at the following percentage o~ journeyman's 1st 2nd 3rd qth 5th 6th 50Z 60Z 70Z 80% 90% 90% SUPPLEMENTAL BENEFITS: (per hour worked) $ 26.ql g-lC7 Updated 01/01/2005 Ironworker - Ornamental NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County NESTCHESTER COUNTY: Entire County NAGES: (per hour) 7/01/02 Ornamental ................. $ q0.15 Chain Link Fence ........... q0.15 Guide Rail Installation .... qO.I5 OVERTIME PAY: See ( A, D1, E~, q, V ) on OVERTIME PAGE. ~Double time after 7 hours on Saturday. HOLIDAYS: Paid: See ( 1 I on HOLIOAY PAGE. Overtime: See ( 5, 6, 8 ) on HOLIDAY PAGE. APPRENTICE (1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. qth. 5th. 6th. 60Z 65~ 70% 80~ 85~ SUPPLEMENTAL BENEFITS: (per hour ~orked) Journeyman .............. $ 19.40 Appr 1st term ........... 16.94 Appr 2nd term ........... 17.24 Appr 3rd term ........... 17.55 Appr qth term ........... 18,17 Appr 5th term ........... 18.48 Page i7 ~revailing Ra±e Schedule New York Sta±e Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2002 Appr 6th term ........... 19.09 9-580 Updated Ironworker - Reinforcing ROCKLAND COUNTY: Southern Sec±ion NASSAU COUNTY: Entire County NEN YORK CITY: Er±ire 5 Boroughs SUFFOLK COUNTY: Entire County NESTCHESTER COUNTY: Er±ire Coun±¥ NAGES: [per hour) 7/01/01 Reinforcing Me±al La±hzng ............. $ 35.05 OVERTIME PAY: See I A, E, P, V ) on OVERTIME PAGE. HOLIDAYS: PeiO: Overtime: See ( 1 ) on HOLIDAY PAGE. See { 5, 6, 8, 10, 11, 13, 18, 19 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at ±he following wage rates. ls± 2nd 3rd $20.80 $23.00 $26.q5 $29.90 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............ $ 21.q$ Apprentices: 1st term .............. 15.q3 2nd term .............. 15.68 3rd term .............. 16.68 qth ±rrm .............. 17.68 9-q8 Updated 01/01/2003 Ironworker - Structural NASSAU COUNTY: Er±ire County NEN YORK CITY: En±ire B Boroughs SUFFOLK COUNTY: Entine Coun±y NESTCHESTER COUNTY: Entire Coun±y NAGES: tper houri 1/01/02 S±ruc±ural ................ $ q3.80 Riggers ................... q3.80 Machinery Movers .......... q3.80 I, I, Erectors ........ q3.80 OVERTIME PAY: See ( B'±E~'LQ'sA V ) on OVERTIME PAGE. w for 1 ~ nouns, double time ±hereafter. Page ,evailing Rate Schedule New York State Departmen± of Labor ................................ Case Number .................................. 0i02064 SUFFOLK 2002 HOLIDAYS: Paid: See ( 18, 19 ) on HOLIDAY PAGE. Over±ime: See ( 5, 6, 8, 18, 19 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following 1st. 2nd. 3rd. q~h. 5th. wage6th.- $ 23.65 24.25 24.25 24.85 24.85 2q.85 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............... $ 24.23 Apprentices ............. 19.08 9-40/361 Updated 01/01/2003 Laborer - Building NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County WAGES: ~per houri 7-01-02- 06-30-03 Building Laborer: $ 24.00 ~(For Aba~emen~ Ra~e See Below) OVERTIME PAY: See I A, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5,6,7,11,I2 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: [per hour worked) $ 16.91 APPRENTICES: Regular Hour Terms ( Not available for Abatement Work) TERMS WAGES/HR SUPPLEMENTS/HR ) hr. to 1000 hfs ............ $ 14.00 $ 6.00 1001 hrs. to 2000 hrs. 15.00 7.00 2001 hrs. to 3000 hrs. 17.00 7.00 3001 hrs. to 4000 hrs. 20.00 7.00 ~ABATEMENT ONLY Abatement Honk Only: 07-01-02- 12-01-02- 11-30-02 11-30-03 $ 2q. O0 $ 1.00 ad±l. Supplemental BeneFi±s: $ 4.00 $ q.O0 ( per hour worked ) q-66 Updated 01/01/2003 Laborer - Excavation Page lg Prevailing Ra±e Schedule New York S±a±e Bepar±men± of Labor .................................. Case Number .................................. 010206q SUFFOLK 2002 NASSAU COUNTY: En±ire Coun±y NEW YORK CITY: En±ire County SUFFOLK COUNTY: Er±ire Coun±y WAGES: (per houri 7/01/02 Laborer/Excava±ion: Basic .......................... $ 28.74 Flagman ........................ 28.74 Pipelayer ....... 28.74 Tree Work, La~J~cap~]]]]]]]]]]] 28.74 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 2, 20 ) on HOLIDAY PAGE. 0ver±ime: See ( 5, 6, 11, i3 ) on HOLIDAY PAGE. APPRENTICES: is~ 502 1000 hour ±erms a± ±he following percen±age of journeyman's 2nd Srd q~h 60% 75% 90% SUPPLEMENTAL BENEFITS: (per hour worked) $ lq. Gq 9-731Ex Upda±ed 01/01/2003 Laborer - Free Air NASSAU COUNTY: Er±ire Coun±y NEW YORK CITY: Er±ire 5 Boroughs SUFFOLK COUNTY: Er±ire Coun±y GROUP A: Bias±ers. GROUP B: Tunnel workers ~ ~ (including Miners, Drill Runners, Iron Men, Main±enance Men, Conveyor Men, Safe±y Miners, Riggers, Block Layers Cemen± Finishers, Rod Men, Caulkers, Powder Carriers, Miners' Helpers, Chuck Tenders, Track Men, Nippers, Brake Men,Derai] Men, Form Men, Bo±~om Bell. Top Bell or Signal men, Form Workers, Movers, Concre±e Workers, Shaf± Men, TunneI Laborers and Cauikers' Helpers). GROUP C: Powder Ha±chmen, Top Laborers and Changehouse A±±endan±s. WAGES: (per hour) 7/01/99- Laborer (Tunnel)-FREE AIR Group A ...................... $ 26.0~ Group B ...................... $ 2q.90 Group C ...................... $ 2~.00B Small Bore Micro Tunnel Machines For Repairs on Exis±ing Ha±er Tunnels 7/01/00 7/01/01 addi±, addi±. 2.2q7/hr 2.2q7/hr 2.15/hr 2.15/hr 1.99/hr 1.99/hr 80% of ra±es above 90% of ra±es above Page 20 revailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 0102064 SUFFOLK 2002 For Repairs of Sewer 8 Drainage Tunnels For Repair 8 Maintenance of all Subway Vehicular Tunnels 85% of rates above 80% of rates above OVERTIME PAY: For Laborer (Free Air) See ( D, M, RN ) on OVERTIME PAGE. For Repair Categories See ( B, F, R* ) on OVERTIME PAGE. 8 Micro Tunneling * Straigh± time first 8 hours, double time after B hours. HOLIDAYS: Paid: See ( 5, 6, g, 11, 12, lB, 25 ) Overtime: See ( 5. 6,9' 11, 12, 15, 25 ) on HOLIDAY PAGE. on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS GROUP A 26.18% of s±raight ±ime hourly rate + $17.585 per hour paid + .28 per hour worked + 3.00 per day + .18 per hour on Over±ime Hours. GROUP B 26.18% of straight time hourly rate + $16.825 per hour paid + .28 per hour worked + 3.00 per day + .16 per hour on Over±ime Hours. GROUP C 26.18% of straight ±ime hourly rate + $15.BqGper hour paid + .28 per hour worked + 3.00 per day + .16 per hour on Overtime Hours. BOX of rates above Small Bore Micro Tunnel Machines For Repairs on Exis±ing Mater Tunnels For Repairs of Sewer ~ Drainage Tunnels For Repair ~ Maintenance of all Subway Vehicular Tunnels 90% of rates above 85% of rates above 80% of rakes above 9-1q7Tnl/Free Updated 01/01/2003 Laborer - Heavy Highway NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire Coun±y Laborer (Heavy/Highway): GROUP # 1: Asphalt Rakers and Formsetters. GROUP # 2: Asphalt Shovelers, Roller Boys and Tampers. GROUP # 5: Basic Laborer, Power Tool, Trackmen, Landscape, Pipelayer, Jackhammer and Concre±e. Page 21 Prevailing Ra±e Schedule New York S±a±e Department o{ Labor ................................. Case Number .................................. 010208q SUFFOLK 2002 WAGES: Iper hour) 7-01-02- 6-30-05 GROUP ~ 1 ............. ~ 28.12 GROUP ~ 2 ............. 27.40 GROUP # 3 ............. 25.23 NOTE: PREMIUM PAY 20% on s±raigh± ±ime hours for NEW YORK STATE D.O.T and o±her GOVERNMENTAL MANDATED off-shif± ~ork. APPRENTICES: ( 1 ) year ±erRS ak ±he following Percen±ages of Journeymans Wage. ls± year .......... 80% 2nd year .......... 90% OVERTIME PAY: See B, E2, F ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 on HOLIDAY PAGE. Over±ime: See ( 1 on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour Morked) (Al±er for±y hours paid) $ 14.77 $ 9.17 q-I298 Upda±ed 01/01/2003 Laborer - Tunnel Compressed Air NASSAU COUNTY: En±ire Coun±y NEW YORK CITY: En±ire 5 Boroughs SUFFOLK COUNTY: Er±ire Coun±y GROUP l: Bias±ers, Mucking and Machine Opera±ors. GROUP 2: Tunnel Norkers* ~ (including Miners, Drill Runners,Iron Men, Main±enance Men, Inside Muck Lock Tender, Pumpmen, Elec±ricians, Cemen± Finishers~ Rod Men, Caulkers, Carpen±ers, Hydraulic Men, Shield Drivers, Monorail Opera±ors, Mo±or Men, Conveyor Men, Safe±y Miners, Powder Carriers, Pan Men, Riggers, Miner's Helpers, Chuck Tenders, Track Men, Nippers, Brake Men, Form Workers, Concre±e Workers, Tunnel Laborers, Caulker's Helpers), Hose Men, Grou± Men, Gravel Men, Derail Men and Cable Men. GROUP 3: Top Nipper GROUP 4: Outside Man Lock Tender, Ou±side Muck Lock Tender, Shaf± Men,Gauge Tender and Signal Men. GROUP B: Powder Na±chmen, Top Laborers and Changehouse A±±endan±s. NAGES: (per hour) 7/01/99 7/01/00 7/01/01 LaborerICompressed Air): addi±, addi±. GROUP 1 ..................... $ 27.256 2.$5/hr 2.35/hr GROUP 2 ..................... 25.325 2.27/hr 2,27/hr GROUP 3 ..................... 25.837 2.25/hr 2.23/hr Page 22 ~evailing Rate Schedule Ne~ York State Department of Labor ................................. Case Number .................................. 010206q SUFFOLK 2002 GROUP q ..................... 25.37 2.1g/hr 2.1g/hr GROUP 5 ..................... 22.975 1.99/hr 1.99/hr OVERTIME PAY: See ( D, M, R* ) on OVERTIME PAGE. NOTE: Time and one-half to be paid for all overtime repair-maintenance work oR existing equipment and facilities. ~ Straight time first 8 hours, double time after 8 hours. HOLIOAYS: Paid: See ( 5, 6, 9, 11, Overtime: See ( 5, 8, 9, 11, 12, 15, 25 ) on HOLIDAY PAGE. 12, 15, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS : GROUP 1 26.18% GROUP 2 GROUP 3 GOURP q of hourly rate + $ 18.ql per hour paid + .28 per hour worked + 3.00 per day+ .16 per Overtime Hour 26.18% of hourly rate + $I7.78 per hour paid + .28 per hour worked + 3.00 per day+ .16 per Overtime Hour 26.18% of hourly rate + $17.455 per hour paid + .28 per hour worked + 3.00 per day + .18 par overtime hour 28.18% of hourly rate + $ 17.1ql per hour paid + .2B per hour worked + 3.00 per day + .16 per overtime hour GROUP 5 26.18% of hourly rate + $15.583 per hour paid + .28 per hour worked + 3.00 par day + ,16 per overtime hour 9-1q?Tnl/Comp Air Updated 01/01/2003 Mason - Bu±lding Br±cklayer NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HAGES: (per hour) 7/01/02 Buiiding: Bricklayer ................. $ 33.93 OVERTIME PAY: See ( A, E, E2, Q ) on OVERTIME PAGE. Page 23 ~revailing Rate Schedule Ne~ York State Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2002 HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 10 ) on HOLIDAY PAGE. APPRENTICES: 50% ( 750 hour ) terms et the following percentage of Journeyman's 2nd 3rd q±h 5TH (500 Hfs) 6TH (500 Hfs) 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS: (per hour ~orked) Journeyman ............... $ 16.62 Appr ..................... 9.19 9-1Brk Updated 01/01/2003 Mason - Building Mosaic and Terrazzo Worker NASSAU CDUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour~ 7/01/02 Building: Mosaic 8 Terrazzo Worker .......... $ 3q.98 Helper .......... $ 3~.67 OVERTIME PAY: See ( A, E, Q, V* ) on OVERTIME PAGE. ~ $ 5.45 added to supplements. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8, 11, 15, 16, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 16.35 9-7/3 Updated 01/01/2003 Mason - Building Tile Layer NASSAU COUNTY: NEW YORK CITY: PUTNAM COUNTY: ROCKLAND COUNTY: SUFFOLK COUNTY: WESTCHESTER COUNTY: WAGES: (per hour) Building: Entire County Entire 5 Boroughs En±ire County Entire County Entire Coun±y Entire County 11/01/99 Page 24 -evailing Rate Schedule NeW York State Department of Labor .................................. Case Number .................................. 0102084 SUFFOLK 2002 Tile Layer ............... $ 51.26 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hr)terms at the folloHing percentage of journeyman's wage. 1st 2nd 3rd qth 5th 6th 50% 55% 65% 75% 85X 95X SUPPLEMENTAL BENEFITS: (per hour worked) $ 14.82 9-7/52 Updated 01/01/2003 Mason - Cement NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire Coun±y NAGES: (per hour) 7/01/00 Cement Meson ............ $ 35.00 7/01/01 Addi±. $2.25/hr. OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ~ 1 ~ on HOLIDAY PAGE. OVERTIME: See I 5. 6, 8, I1, 13, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percen%age of Journeyman's wages and fringes. la± 2nd 5rd 4th 5th 6th 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS: (per hour worked) $ 16.15 9-780 Upda±ed 01/01/2003 Mason - Marble NASSAU COUNTY: Entire County Page 25 g Rate Schedule New York State Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2002 NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County WESTCHESTER COUNTY: Entire County WA6ES: (per hour) 1/Ol/00 Building: Marble/ Sawyer, Rubber ~ Polisher ................... $ 29.98 Marble Restoration Finishers .................... 15.07 OVERTIME PAY: See ( A, E, q, V ) on OVERTIME PAGE. HOLIDAYS Paid: Overtime Journeymen receive 1/2 days pay for Labor Day. Cleaner, Maintenance and iST three terms of Apprentices See ( 5, 6, 11, lB on HOLIDAY PAGE. All others See ( i on HOLIDAY PAGE. See ~ B, 6. 11, 15 on HOLIDAY PAGE. APPRENTICES: wa e. Yst 2nd 50~ 55% 1/2 ~ year terms at the following percentage of Journeyman's 3rd 4th 5~h 6±h 7th 8±h 60~ 65% 70X 80% 90~ qSX SUPPLEMENTAL BENEFITS: (per hour ~orked) Journeyman .................. ~ 12.~$ Cleaner/Maintenance ......... 2.40 Appr .......................... B.BO wage percentage of $ 6.09 7/24 Updated 01/01/2003 Mason - Marble Cut±ers and Se±rets NEW YORK CITY: Entire 5 Boroughs EXCEPT for projects that fall within a fifty-mile radius of Columbus Circle in New York WESTCHESTER COUNTY: Entire county WAGES: (per hour) 1/01/00 Building: Marble Cutters & Setters .................... ~ 34.88 OVERTIME PAY: See ( B, O, V ) on OVERTIME PAGE attached. HOLIDAY: Paid: Over±ime: Journeymen receive 1/2 days pay for Labor Day. Apprentices 1S± three terms See ( B, 6, B, 11, 15 ) on HOLIDAY PAGE, Plus any day following a Thursday or Sunday Holiday. ~All others See ( i ) on HOLIDAY PAGE. See I B, 6, 8, ll, 15, ) on HOLIDAY PAGE. Page 26 , Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 0102064 SUFFOLK 2002 APPRENTICES: [ 1/2 I year terms at the following percentage of journeyman's wag~t- 2nd 3rd 4th 5th 6±h 50% 55% 65% 70% 80% 95% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ................ $ 15.65 Appr 5.90 + wage percentage of $ 9.75 9-7/q Updated 01/01/2003 Mason - Marble Rigger NASSAU COUNTY: Entire County NEW YORK CITY: En±ire 5 Boroughs SUFFOLK COUNTY: Entire County NESTCHESTER COUNTY: Entire County NA6ES: (per houri 1/01/00 Marble-Riggers, Crane 8 Derrickman ........ $ 28.72 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAY: Paid: Overtime: 1/2 Day for Labor Day. See ( 5, 6, 8, 11, 15, 25 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 16.82 9-7/20 Upda±ed 01/01/2003 NASSAU COUNTY: Entire County NEW YORK CITY: En±ipe 5 Bopoughs SUFFOLK COUNTY: Entire County * Shall include but not limited to: fired clay brick pavers, pre-cast con- crete slabs [london walks), pressed concrete pavers, cobble stone, ali types of flagging, asphalt concrete pavers- asphaltic cement sand and NAGES: (per houri 8/01/99 Journeyman ........................ $ 24.12 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. Page 27 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2002 HOLIDAYS: Paid: Overtime: See ( I ) on HOLIDAY PAGE. See I 5, 6, 26 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ........................ $ 10.76 Appr .............................. 6.08 9-1 Paver Updated 01/01/2005 Mason - Plasterer NASSAU COUNTY: Entire County NEW YORK CITY: Only Brooklyn and Queens Counties SUFFOLK COUNTY: Entire County WAGES: ~per hour) 7/01/02 Building: Plasterer/TraditionaI .............. $ 31.68 OVERTIME PAY: See ( C, E2, 0 HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE Overtime: See ( 5, 6, 8, 11, 15, 25 APPRENTICES: First year: Second year: Third year: ( ls± 6 months 2nd 6 mon%hs qO% q5% 1st 6 months 2nd 6 months 55% 60% 1st 8 months 2nd 6 months 70% 75% SUPPLEMENTAL BENEFITS: ( per hour worked ) Journeyman ....................... $ 15,16 Appr. ls± term ................... 6.15 Appr. 2nO term ................... 6.9q Appr. 3rO term ................... 8.50 Appr. 4th term ................... 9.29 Appr. 5th term ................... 10.85 Appr. 6th term ................... ll.6q 1 ) year terms at the following wage rates. 9-550 Updated 01/01/2003 Mason - Rointer/Caulker/Cleaner NASSAU COUNTY: Entire County NEN YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire Coun±y Page 28 · evailing Rate Schedule Ne~ York State Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2002 NAGES (per hour) 7/01/02 Pointer, Cleaner,~ Caulker (Mason) ........... $ 31.87 OVERTIME RAY: See ( B, H, E2 ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( Overtime: See ( 1 ) on HOLIDAY PAGE. 5, 6, 25, 26 ) on HOLIDAY PAGE. APPRENTICES: { 1 1st 2nd $16.20 19.90 year terms at the following wage rates. 3rd qth 24.25 29.60 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............. $ 13.25 Appr 1st term .......... 2.50 Appr 2nd term .......... q.50 Appr 3rd term .......... 6.50 Appr ~th term .......... 6.50 Updated 01/01/2005 g-iPCC Mason - Stone Setters NASSAU COUNTY: Entire County NEN YORK CITY: Entire County SUFFOLK COUNTY: Entire County NAGES: (per hour) 7/01/00 Stone Setter ............. $ A1.19 Stone Tender ............. 28.75 7/01/01 addit. $2.24/hr. addi±. $1.qS/hr. OVERTIME PAY: HOLIDAYS: Paid: See Overtime: See See ( A, Ox ) on OVERTIME PAGE. ~ first 7 hours on Sat. at time and a half. ~ first 2 hours on Heekdays at time and a half. 18 ) on HOLIDAY PAGE. 5, 6, 8, 10 ) on HOLIDAY PAGE. APPRENTICES: wagejst. 2nd. 50% 60% 750 hour 3rd. 70% ) terms at the following percentage of journeyman's q±h. 5±h. 6th. 80% 90% 100% SUPPLEMENTAL BENEFITS: (per hour paid) Stone Setter ............ $ 17.~3 Stone Tender ............ 9.07 Page 29 Prevailing Rate Schedule New York Stake Depar±men± o{ Labor ................................... Case Number .................................. 010206q SUFFOLK 2002 1st thru 5nd ±erm Appr.. 10.96 All other Apprs ........ 17.55 9-1S±n Updated 01/01/2005 Mason - Tile Layer Heiper and Finisher NASSAU COUNTY: Entire Coun±y NEH YORK CITY: Er±ire S Boroughs PUTNAM COUNTY: Entire Coun±y ROCKLAND COUNTY: Er±ire Coun±y SUFFOLK COUNTY: Entire Coun±y WESTCHESTER COUNTY: Entire County WAGES: (per hour) 12/01/99 Building: Tile Layer Helper 8 Finisher .................... $ 26.2A OVERTIME PAY: See ( A, E, Q ) ON OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 I on HOLIDAY PAGE. Over±ime: See ( 5, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 12.48 9-7/88 Updated 01/01/2005 Metal Polisher ALBANY COUNTY: Entire Coun±y ALLEGANY COUNTY: Entire Coun±y BROOME COUNTY: Entire Coun±y CATTARAUGUS COUNTY: Er±ire County CAYUGA COUNTY: Entire Coun±y CHAUTAUQUA COUNTY: Er±ire County CHEMUNG COUNTY: En±ire Coun±y CHENANG0 COUNTY: Entire Coun±y CLINTON COUNTY: Entire Coun±y COLUMBIA COUNTY: Entire County CORTLAND COUNTY: Entire County DELAWARE COUNTY: En±ire County DUTCHESS COUNTY: Entire Coun±y ERIE COUNTY: Entire County ESSEX COUNTY: Entire County FRANKLIN COUNTY: Entire Coun±y FULTON COUNTY: Entire County GENESEE COUNTY: Entire County GREENE COUNTY: Entire County HAMILTON COUNTY: Entire County HERKIMER COUNTY: Entire County JEFFERSON COUNTY: En±ire County LEWIS COUNTY: Entire Coun±y LIVINGSTON COUNTY: Entire County MADISON COUNTY: En±ire County MONROE COUNTY: Entire Coun±y MONTGOMERY COUNTY: Er±ire County ONEIDA COUNTY: En±ire County ONONDAGA COUNTY: Entire County ONTARIO COUNTY: Entire County ORANGE COUNTY: Entire County ORLEANS COUNTY: Entire County OSWEGO COUNTY: Entire County OTSEGD COUNTY: Entire Coun±y PUTNAM COUNTY: Entire County RENSSELAER COUNTY: En±ire County ROCKLAND COUNTY: Entire County SARATOGA COUNTY: Entire County SCHENECTADY COUNTY: Entire County SCHOHARIE COUNTY: Entire County SCHUYLER COUNTY: Entire County SENECA COUNTY: Entire County STEUBEN COUNTY: Entire County ST. LAWRENCE COUNTY: Entire Coun±y SUFFOLK COUNTY: Entire County SULLIVAN COUNTY: Entire County TIOGA COUNTY: Entire County TOMPKINS COUNTY: Entire County ULSTER COUNTY: Entire County WARREN COUNTY: Entire County WASHINGTON COUNTY: Er±ire County WAYNE COUNTY: Entire County WESTCHESTER COUNTY: Entire County WYOMING COUNTY: Entire County Derailing Rate Schedule Page 3O New York State Oepartment of Labor ................................... Case Number .................................. O10206q SUFFOLK 2002 NASSAU COUNTY: Entire County YATES COUNTY: En±ire County NEW YORK CITY: Entire 5 Boroughs NIAGARA COUNTY: Entire County WAGES: tper hour) 6/01/02 6/01/03 6/01/04 Metal Polisher ........ $ 20.42 21.13 21.98 All workers shall be paid a premium in an amount equal to twenty ( 20% ) per cent of their basic straight time rate of pay for all time worked on hanging scaffolds and on standing scaffolds while working more than 28 feet off the ground, such premium to be paid on top of their straight time or overtime, whichever is applicable. OVERTIME PAY: See ( B, E, O ) on OVERTIME PAGE. HOLIDAY: Paid: Over±ime: See (5,6,9,11,15,16,25) on HOLIDAY PAGE. See (5,6,9.11,15,16,25) on HOLIDAY PAGE APPRENTICES: 55% of Basic Polisher Rate (~) SUPPLEMENTAL BENEFITS: (% of Total Wages) Journeymen ~ Apprentice 55% of Wages 9 - 8A/28A Updated 01/01/2003 Operating Engineer - Building NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County BUILDING CATEGORIES: CLASS" AA "CRANES: Crane, Truck Crane, Derrick, Dragline, Dredge, Crawler Crane, Tower Crane & Pile Driver. CLASS "A": Asphalt Spreader, Backhoe Crawler, Boiler, Boring Machine, Cherry Picker (over 50 tons), Concrete Pump, Grada11, Grader Hoist, Loading Machine (10 yds. or more), Milling Machine, Power Winch- Stone Se±ting/Structural Steel 8 Truck Mounted, Powerhouse, Road Paver, Scoop-Carryall-Scraper in Tandem, Shovel, Sideboom Tractor, Stone Spreader (self-propelled), Tank Work, Tower Crane Engineer. CLASS "B": Backhoe, Boom Truck, Bulldozer, Borin9 Machine/Auger, Cherry Picker (under 50 Tons), Conveyor-Multi, Dinkey Locomotive, Fork Lift, Hoist (2 Drum), Loading Machine 8 Front Loader Mulch Machine (Machine Fed), Power Winches Not Included in Class "A"), Asphal± Roller, Hydraulic Pump with Boring Machine, Trenching Machine, Vermeer Cutter, Work Boat. CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. & Nel) Point), Field Mechanic, Milling Machine (Small), Pulvi Mixer, Pumps (a11), Rage 51 Prevailing Rate Schedule New York S~ate Department of Labor ................................. Case Number .................................. 010206q SUFFOLK 2002 Roller ~dir±~, Ridge Cutter, Var-All, Shotblaster, Striping Machine, Interior Hoist, Concrete Finish Machine, Concrete Spreader~ Conveyer, Curing Machine, Hois~ (one drum). CLASS "D": Concrete Breaker, Concrete Saw/Cu±ter, Fork Life or Walk Behind (power operated), Genera±or, Hydra Hammer, Compactors (mechanical or hand operated), Pin Puller, Rot±able Hea±ers, Power Booms, Rower Buggies, Pump (double ac±ion diaphragm). CLASS "E": Batching Plant, Genera±or, Grinder, Mixer, Mulching Machine, Oiler, Pump (gypsum), Pump (single action diaphragm), Stump Chipper, Track Tamper, Tractor (caterpiller or ~heel), Vibrator, Deckhand on Workboat. NAGES: (per hour~ 7-01-02- Class "AA" ............... $ 37.3q Cranes: Bo,o,m len~±h ove~ 100 feet ad~ $ O.BO per ho,u,r 150 " $ 0.75 " " " " 250 " " $ 1.00 " " " " " 350 " " $ 1.50 " " Class "A" ............... $ 35.18~ ~Add $3.50 for Hazardous Waste Work Class "B" ................ $ 33.29~ ~Add $2.50 for Hazardous Waste Work Class "C" ................ $ ~Add $1.50 for Hazardous Was±e Work Class "O" ................ $ 29.50 Class "E" ................ 28.23 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5,6,8,11,15,16~2B ) on HOLIDAY PAGE. "NOTE": Employee must be employed day before and day after a holiday to receive holiday pay. Overtime: See ( 5,6,8,11,15,16,25 ) on OVERTIME PAGE. APPRENTICE I i I year ~erms at the following rates~ 1st yr ................... $ 18.q7 2nd yr ................... 19.21 3rd yr ................... 19.79 SUPPLEMENTAL BENEFITS: Iper hour worked) ALL CLASSES .............. Note: OVERTIME AMOUNT ..... 22.60 APPRENTICES .............. $ i3.89 Note: OVERTIME AMOUNT ..... 5.60 q-138 Upda±ed 01/01/2003 Operating Engineer - Heavy High~ay Page 32 -evailing Rate Schedule New York State Department of Labor .................................. Case Number ................................... 010206q SUFFOLK 2002 NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County HEAVY/HIGHWAY CATEGORIES: CLASS "AA" CRANES: Crane, Truck Crane, Derrick, Dragline, Dredge, Crawler Crane, Tower Crane, Pile Driver. CLASS "A": Asphal± Spreader. Backhoe Crawler, Boiler Cherrypicker (over 50 tons), Concrete Pump, Grader~ Gradall~ Hoist Loading Machine 10 yds. or more), Milling Machine, Power Winch-Stone Se±ting/Struc±ural Steel or Truck Mounted, Powerhouse, Road Paver, Scoop-Carrya11-Scaper in Tandem, Shovel, Sideboom Tractor, Stone Spreader (self propelled), Tank Work, Track Alignment Machine. CLASS "B": Backhoe, Boom Truck, Bulldozer, Borin9 Machine/Auger, Cherry Picker (under 50 tons), Conveyor-Multz, Dinky Locomotive, Fork Lift, Hoist (2 drum), Loading Machine 8 Front Loader, Mulch Machine (machine fed). Power Winches (all others not included in CLASS A), Asphalt Roller, Hydraulic Pump with Boring Machine, Scoop, Carryall, Scaper, Maintenance Man on ToNer Crane, Trenching Machine, Vermeer Cutter, Work Boat. CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. ~ Nell Point) Field Mechanic, Milling Machine (Small) Pulvi-Mixer, Pumps Roller (Dirt), Vac-All, Welding/Burning, Compressor (Structural S±eel ~ 2 or more Batteries), Concrete Finish Machine, Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist (One Drum), Ridge Cutter, Striping Machine, Melding Machine (Structural Steel 8 Pile Mock). Compressor (Pile,Crane,Stone Setting), Concrete Saw Cutter/ Breaker, Work Lift (Walk Behind. Power Operated), Generator (Pile Work),Hydra Hammer, Hand Operated Compactor, Pin Puller, Portable Heater, Powered Broom/Buggy/Grinder, Pump (Single Action-1 to $ Inches/Gypsum/Double Action Diaphragm), Hand Trenching Machine, Melding Machine. Batching Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Pump (Cen±rifugal up to 3 In.), Root Cutter, Stump Chipper, Oiler on Tower Crane, Track Tamper, Tractor. Vibrator, Deckhand on Work Boat. CLASS "D": CLASS "E": WAGES Iper hour) 7-01-02- 6-30-05 AA ............... $ 38.35 Cranes: Boom Length over 100 ~et a~d $ 0.50 p~r h~ur " 150 $ 0.75 " " " 250 " " $ 1.00 " " " " " 350 " " $ 1.50 " " Class "A" ................ $ 36.19- ~Add $3.50 for Hazardous Haste Work. Class "B" ................ $ 33.67~ *Add $2.50 for Hazardous Haste Work. Class "C" ................ $ 32.q0~ ~Add $1.50 for Hazardous Waste Work Class "D" ................ $ 29.88 Page 33 g Rate Schedule New York State Department of Labor ............................... Case Number ................................... 0102064 SUFFOLK 200£ Class "E" ................ 28.61 "NOTE":PREMIUM PAY 20% on straight time hours for NEW YORK STATE- D.O.T. and other GOVERNMENTAL MANDATED off-shift work. OVERTIME RAY: See ( O, 0 ) on OVERTIME RAGE. HOLIDAYS: Paid: See ( 5, 6, 7, 8, 11 ) on HOLIDAY PAGE. NOTE": Employee must be employed day before and day after e holiday to receive holiday pay. Overtime: See 5, 6, 7, 8 11 ) on OVERTIME PAGE. APPRENTICE I 1 ) year terms at the following rates; 1st yr .................. $ 18.q7 2nd yr .................. 19.21 3rd yr .................. 19.79 SUPPLEMENTAL BENEFITS: (per hour worked) ALL CLASSES ............. $ 23.5q Note: OVERTIME AMOUNT... 22.60 APPRENTICES ............. $ 13.89 Note: OVERTIME AMOUNT... 5.60 4-138 Updated 01/01/2005 Operating Engineer - Marine Construction ALBANY COUNTY: Entire County ONEIDA COUNTY: Entire County ONONDAGA COUNTY: Entire Cownty ONTARIO COUNTY: Entire County ORANGE COUNTY: Entire County ORLEANS COUNTY: Entire County OSWEGO COUNTY: Entire County OTSEGO COUNTY: Entire County PUTNAM COUNTY: Entire County RENSSELAER COUNTY: Entire County ROCKLAND COUNTY: Entire County SARATOGA COUNTY: Entire County SCHENECTADY COUNTY: Entire County SCHOHARIE COUNTY: Entire County SCHUYLER COUNTY: Entire County SENECA COUNTY: Entire County STEUBEN COUNTY: Entire County ST. LAWRENCE COUNTY: Entire County SUFFOLK COUNTY: Entire County SULLIVAN COUNTY: Entire County TIOGA COUNTY: Entire County TOMPKINS COUNTY: Entire County ULSTER COUNTY: Entire County WARREN COUNTY: Entire County WASHINGTON COUNTY: Entire County WAYNE COUNTY: Entire County NESTCHESTER COUNTY: Entire County WYOMING COUNTY: Entire County YATES COUNTY: Entire County ALLEGANY COUNTY: Entire County BROOME COUNTY: Entire County CATTARAUGUS COUNTY: Entire County CAYUGA COUNTY: Entire County CHAUTAUQUA COUNTY: Entire County CHEMUNG COUNTY: Entire County CHENANGO COUNTY: Entire County CLINTON COUNTY: Entire County COLUMBIA COUNTY: Entire County CORTLAND COUNTY: Entire County DELAWARE COUNTY: Entire County DUTCHESS COUNTY: Entire County ERIE COUNTY: Entire County ESSEX COUNTY: Entire County FRANKLIN COUNTY: Entire County FULTON COUNTY: Entire County GENESEE COUNTY: Entire County GREENE COUNTY: Entire County HAMILTON COUNTY: Entire County HERKIMER COUNTY: Entire County JEFFERSON COUNTY: Entire County LEWIS COUNTY: Entire County LIVINGSTON COUNTY: Entire County MADISON COUNTY: Entire County MONROE COUNTY: Entire County MONTOMERY COUNTY: Entire County NASSAU COUNTY: Entire County NEW YORK CITY: Entire County NIAGARA COUNTY: Entire County WAGES: (per hour) ~I Page 3q revailing Rate Schedule Ne~ York State Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2002 7-Oi-02- DIPPER 8 CLAMSHELL DREDGES 9-30-02 CLASS A: Operator ........................ $ 27.45 CLASS B: Operator II ..................... $ 22.53 Engineer ........................ 24.17 Boat Master ..................... 22.75 CLASS C: Maintenance Erg ................. ~ 23.07 Mate ............................ 21.51 Drag Barge Operator ............ 21.51 Nelder .......................... 22.71 Boat Capt ....................... 21.66 Chief of Party .................. 21.51 CLASS D: Oiler ........................... ~ 18.18 Sco~man ......................... 17.49 Rodman .......................... 17.4g Tug Deckhand .................... 17.73 Deckhand ........................ I7.73 10-01-02- 9-30-03 28.07 25.04 24.72 23.24 23.59 21.99 21.9g 25.22 22.15 21.99 18.59 17.88 17.88 18.13 18.15 7-01-02- HYDRAULIC DREDGES 9-30-02 CLASS A: Leverman ........................ $ 26.95 CLASS B: Leverman II .................... $ 22.53 Engineer ........................ 23.64 Oerrick Opera,or ................ 23.64 Chief Mate ...................... 23.29 Chief Welder .................... 23.94 Electrician ..................... 22.92 Fill Placer ..................... 23.29 Assr. Fill Rlacer ................ 21.32 Boat master ..................... 22.72 CLASS C: Maintenance Erg ................. $ 23.07 Mate ............................ 21.51 Drag Barge Operator ............. 21.51 Nelder Dredge ................... 22.70 Spider Barge Operator .......... 22.50 Boat Capt ....................... 21.66 Chief of Party .................. 21.51 CLASS D: Oiler ........................... $ 18.18 Shoreman ........................ 17.50 Rodman .......................... 17.50 Deckhand ........................ 17.50 Tug Deckhand .................... 17.75 10-01-02- g-'30-03 27.56 23.04 24.17 24.17 23.82 24.48 23.43 23.82 21.80 23.23 23.59 21.99 21.99 23.21 23.01 22.15 21.99 18.59 17.90 17.90 17.90 18.13 OVERTIME: See HOLIDAY: Paid: See Overtime: See B, F, R ) on OVERTIME PAGE. 5, 6, 8, 15, 26 ) on HOLIDAY PAGE. 5,6' 8; 15, 26 ) on OVERTIME PAGE. Page 35 tPrevailing Ra±e Schedule N~H York S±a±e Bepan±men± of Labor .................................. Case Number ................................... 0102064 SUFFOLK 2002 SUPPLEMENTAL BENEFITS: [per hour worked) "The following SUPPLEMENTAL BENEFITS apply ±o ALL ca±egories" 7-01-02- 10-01-02- 9-30-02 9-30-03 All Class A 8 B ............... $ 6.20 plus ?X of Haqe (over±ime hours add) ............ $ 1.55 $ 6.q5 plus 7X of wa e $ 1.~5 All Class C .................... $ 5.60 plus 7% of ~age tover±ime hours add) ............ $ 0.95 ~ 5.85 plus 7% of ~a e $ 0.~5 All Class D ................... $ 5.00 plus 7% (overtime hours add) ........... $ 5.25 plus 7% of wa e $ 0.~5 q-Z5a Upda±ed 01/01/2005 Opera±ing Engineer - Nell Driller NASSAU COUNTY: Er±ire Coun±y SUFFOLK COUNTY: Entire Coun±¥ WAGES: (per hour) 7-01-02- 8-01-02- 7-31-02 6-30-03 Well Driller: ........ $ 2q.16 $ 2q.88 Nell Driller Helper:. 21.36 22.00 OVERTIME PAY: See ( B, E, 6, P ) on OVERTIME PAGE. HOLIDAYS: Paid: See f 5, 6, 16, 25 ) on HOLIDAY PAGE. Over±ime: See ( ~, 6, 16, 23 I on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: Nell Driller: ........ Nell Driller Helper:. (per hour worked) $ 12.37 $ 12.61 12.09 12.23 "PLEASE NOTE" For All Over±ime Hours Add $ 2.50/hr Hazardous Nas±e Oifferen±ial Level A ................. Level B ................. Level C ................. $ ~.00 p~r ~r o~er r~±e 2.00 1.00 " " " " 4-138well ~ Page $6 Ne~ York State evailing Rate Schedule Department of Labor .................................. Case Number ................................... 010206q SUFFOLK 2002 Updated 01/01/200S Operating Engineer -Trenchless Pipeline Rehabilitation ALBANY COUNTY: Entire County ONEIDA COUNTY: ALLEGANY COUNTY: Entire County BROOME COUNTY: Entire County CATTARAUGUS COUNTY: Entire County CAYUGA COUNTY: Entire County CHAUTAUQUA COUNTY: Entire County CHEMUNG COUNTY: Entire County CHENANG0 COUNTY: Entire County CLINTON COUNTY: Entire County COLUMBIA COUNTY: Entire County CORTLAND COUNTY: Entire County DELAWARE COUNTY: Entire County DUTCHESS COUNTY: Entire County ERIE COUNTY: Entire County ESSEX COUNTY: Entire County FRANKLIN COUNTY: Entire County FULTON COUNTY: Entire County GENESEE COUNTY: Entire County GREENE COUNTY: Entire County HAMILTON COUNTY: Entire County HERKIMER COUNTY: Entire County JEFFERSON COUNTY: En±ire County LEWIS COUNTY: Entire County LIVINGSTON COUNTY: Entire County MADISON COUNTY: Entire County MONROE COUNTY: Entire County MONTOMERY COUNTY: Entire County NASSAU COUNTY: Entire County NEW YORK CITY: Entire County NIAGARA COUNTY: Entire County Entire County ONONDAGA COUNTY: Entire County ONTARIO COUNTY: Entire County ORANGE COUNTY: Entire County ORLEANS COUNTY: Entire County OSWEGO COUNTY: Entire County OTSEGO COUNTY: Entire County PUTNAM COUNTY: Entire County RENSSELAER COUNTY: Entire County ROCKLAND COUNTY: Entire County SARATOGA COUNTY: Entire Coun±y SCHENECTADY COUNTY: Entire County SCHOHARIE COUNTY: Entire County SCHUYLER COUNTY: Entire County SENECA COUNTY: Entire County STEUBEN COUNTY: Entire County ST. LAWRENCE COUNTY: Entire County SUFFOLK COUNTY: Entire County SULLIVAN COUNTY: Entire County TIOGA COUNTY: Entire County TOMPKINS COUNTY: Entire County ULSTER COUNTY: Entire County WARREN COUNTY: Entire County WASHINGTON COUNTY: Entire County WAYNE COUNTY: Entire County WESTCHESTER COUNTY: Entire County WYOMING COUNTY: Entire County YATES COUNTY: Entire County On Contracts for Inspection Only: These rates Do Not APPLY OPERATING ENGINEER - Trenchless Pipeline Rehabilitation 7-01-02- 6-30-03 Lead Tec TV CreH ................. Wet Out Tec ...................... $31.7q Technician ....................... Boiler Operator .................. $31.10 Yard rate ........................ $Z6.70 Yard Hechanic .................... $31.10 NOTE: PREMIUM PAY 20% on straight time hours for NEW YORK STATE D.O.T. and other GOVERNMENTAL MANDATED off-shift ~ork. OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIDAYS: Paid: See I 5, 6, 7, B, 11 ) on HOLIDAY PAGE.** Page $7 IPrevailing Rate Schedule Ne~ York State Bepartmen± of Labor .................................. Case Number .................................. 010206q SUFFOLK 2002 ** must work day before ~ day al±er or receive 2 hfs per intermittent day Overtime: See ( 5, 6, 7, 8, 11 ) on OVERTIME PAGE.~* APPRENTICE f 1 ) year terms at the following ra±es; 1st yr .................... $ 18.47 2nd yr .................... 19.21 5rd yr .................... 19.79 SUPPLEMENTAL BENEFITS: [per hour worked) Journeyman ............... $ 25.5q Note No~e: OVERTIME Journeyman. 22.60 Apprentice ............... 15,89 No~e Note: OVERTIME Appren±ice 5.60 ~-1~8 Updated 01/01/2005 Painter-Bridge/Structural S±eel NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County NAGES: (per hour) 7-01-02- 10-01-02- 9-50-02 6-30-05 Bridge .................... $ 57.00 $ 58.75 Structural Steel ........... 57.00 58.75 Power Tool/ink Compressor.. ql.00 q5.75 OVERTIME PAY: See ( A,O,) on OVERTIME PAGE. HOLIDAY: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( B,6 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ±erms aK ±he following rates. ls± 2nd 3rd Bridge ....... ~0% 80% 80% Steel. qO% 60% 80% Tool ......... qO% 60% 80% Appr ls~ year ........ Appr 2nd year ........ Appr 5rd year ........ SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ........... q8%+ q8%+ $ 5.BO/hr $ ~.O0/hr qBZ/hr qB%/hr q8%+ q8%+ $ 5.50/hr $ fl. OO/hr q8%+ ~8%+ $ 5.SO/hr $ q. OO/hr q-DCg/NS Updated 01/01/2005 Painter - Brush/Spray Page 38 Prevailing Rate Schedule N~ York State Department of Labor .................................. Case Number .................................. 0102064 SUFFOLK 2002 NASSAU COUNTY: Entire County NEW YORK CITY: Entire B Boroughs PUTNAM COUNTY: Entire County SUFFOLK COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 5/01/02 Brush ..................... $ 30.25 Spray 8 Scaffold .......... 33.25 Fire Escape ............... 33.25 Decorator ................. 33.25 Paperhanger ............... 33.70 OVERTIME PAY: See ( A, H ) on OVERTIME PAGE HOLIDAYS: Paid: Overtime: See ( i ) on HOLIDAY PAGE See ( q, 5, 6, 25 ) on HOLIDAY PAGE APPRENTICES: Indentured after 5/31/93 percentage of journeyman's wage. ls~ 2nd 3rd 4th $11.30 15.13 18.15 24.20 year terms at the ~ollowing SUPPLEMENTAL BENEFITS: ( per hour worked ) Paperhanger .............. $ 17.66 All others .............. $ 1E.42 Apprentices; Ist Year ................ $ 5.65 2nd Year ................ 7.76 3rd Year ................ 10.13 4th Year ................ 14.40 9-NYDC9 Updated 01/01/2003 Painter - Drywall Taper NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County WAGES: [per hour) 5/01/02 Drywall Taper ............. $ 30.25 OVERTIME PAY: See A, H ) on OVERTIME PAGE HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE Overtime: See ( 4, 5, 6, 25 ) on HOLIDAY PAGE Page 59 g Rate Schedule New York State Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2002 APPRENTICES: Indentured after 5/31/93 ( percentage of journeyman's ~age. ls± 2nd 3rd qth $11.30 15.13 18.15 2q.20 1 ) year terms at the following SUPPLEMENTAL BENEFITS: ( per hour ~orked ) Journeyman .............. $ 15.q2 Apprentices: 1st Year ................ $ B.65 2nd Year ................ 7.76 3rd Year ................ 10.15 qth Year ................ lq.qO 9-NYDCT9 Updated 01/01/2003 Painter - Highway Striping ALBANY COUNTY: Entire County CLINTON COUNTY: Entire County COLUMBIA COUNTY: Entire County OUTCHESS COUNTY: Entire County ESSEX COUNTY: Entire County FRANKLIN COUNTY: Entire County FULTON COUNTY: Entire County GREENE COUNTY: Entire County HAMILTON COUNTY: Entire County MONTGOMERY COUNTY: Entire County NASSAU COUNTY: Entire County NEW YORK CITY: Entire S Boroughs ORANGE COUNTY: Entire County PUTNAM COUNTY: Entire County RENSSELAER COUNTY: Entire County ROCKLAND COUNTY: Entire County SARATOGA COUNTY: Entire County SCHENECTADY COUNTY: Entire County SCHOHARIE COUNTY: Entire County SUFFOLK COUNTY: Entire County SULLIVAN COUNTY: Entire County ULSTER COUNTY: Entire County WARREN COUNTY: Entire County WASHINGTON COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 7/01/02 Painter (S±riping-Highway): Striping-Machine Operator .............. $ 22.57 " Helper .......................... 17.99 Linerman ............................. 27.09 OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 2, 8, 11, 12, 15, 16, 17, 20 )ON HOLIDAY PAGE. Page 40 ~revailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 0102084 SUFFOLK 2002 Overtime: See I 2, 8, 11, 12, 15, 18, 17, 20, 21, 22 ) ON HOLIDAY PAGE. APPRENTICES: la± $12.00 (1) year terms at the folloNing rates of journeyman's ~age. 2 nd Srd qth 5th $12.00 $13.00 $1q. O0 $1B.O0 SUPPLEMENTAL BENEFITS: (per hour paid) 26% of wage + $ .50 9-8a/28a (230) Updated 01/01/2003 Entire County Entire County 7-01-02- 11-01-0£- 10-31-02 8-30-03 $ 37.53 $ 38.28 A, 0 ) on OVERTIME PAGE. on HOLIDAY PAGE. 8. 15, 25 ) on HOLIDAY PAGE. Plumber NASSAU COUNTY: SUFFOLK COUNTY: WAGES: Iper hourJ Plumber ......... OVERTIME PAY: See ( HOLIDAY: Paid: See ( 1 ) Overtime: See ( 5, APPRENTICES: ( 1 ) year terms at the following rates. la± year ...... $ 14.57 $ lq.83 2nd year ...... 18.53 18.88 3rd year ...... 2~.33 2q,80 4th year ...... 26.20 26.70 5±h year ...... 28.20 28.76 SUPPLEMENTAL BENEFITS: (per hour worked~) Journeyman $ 18.78 $ 19.31 Appr 1st term 10.90 11.16 Appr 2nd term 12.7~ 13.03 Appr 3rd term 13.08 13.q6 Appr q±h term 13.91 lq.32 AppP 5th term lq.35 14.77 (~Sunday and Holiday Bene~i±s paid at Double Time rate,) PUMP 8 TANK WORK WAGES (per hour) 7-01-02- 6-$0-03 Journeyman ......... $ 31.60 Overtime: ( B, E, ~ ) on Overtime Page. Holidays: Paid ( 1 ) Page ql ~revailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2002 Over±ime ( 5, 6, 9, lO, 16 ) on Holiday Page. Apprentices: One year terms at the following rates; App: 1st yr ....... App: 2nd yr ....... App: 3rd yr ....... App: ~th yr ....... Mechanic: ......... SupplementaI Benefits $ 12.22 15.6q 18.95 22.21 27.57 18.95 (per hour worked) Journeyman ........ $ 15.61 App. 1st yr ....... 6.66 App. 2nd yr ....... 7.97 App. 3rd yr ....... 9.38 App. qth yr ....... iO.Sq Mechanic: ......... 12.56 Serviceman: ....... 9.38 q-200 WAGES: (per hour) Roofer/Waterproofer .............. $ 29.00 OVERTIME PAY - Ne~ Roof: See ( A,E.Q ) on OVERTIME PAGE. OVERTIME PAY Re-roof: See ( B,E,E2,Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( q,6,13,16,25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd qth qO% 50% 70% 80% SUPPLEMENTAL BENEFITS: [per hour worked) Journeyman $ 19.62 Apprentices: ls± 2.00 2nd q. O0 3rd 10.77 qth 15.51 Updated 01/01/2003 Sheetmetal Worker NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County WAGES: (per hour) 7-01-02- 6-30-03 q-I5q 7-01-02- 6-30-05 Updated 01/01/2003 Roofer NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County Page q2 revailing Rate Schedule Ne~ York State Department of Labor .................................. Case Number .................................. 0102064 SUFFOLK 2002 Sheetmetal Worker ............ $ 38.17 For Temporary Opeeation or Maintenance of Fans: ......... 80% of Sheetmetal Rate OVERTIME PAY: See ( C, E2~ O, V ) on OVERTIME PAGE ( D, E2, O, V I on Fan Maintenance HOLIDAYS: Paid: See I 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 11, 12, 15, 25, 26 ) on holiday page. APPRENTICES: 30;< 1/2 )year terms at the following percent of journeyman rate 2nd 3rd qth 5±h 6th 7th 8th $5~ qOX q5% 50X 55Z 60~ 70% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $ 21.7g Appr 1st term 6.82 Appr 2nd term 7.8g Appr 3rd term 8.91 Appr qth term 9.97 Appr 5th term ll.lq Appr 6th term 13.71 Appr 7th term 15.18 Appr Bth term 17.78 4-28 Updated 01/01/2003 Shee±metai Worker - Sign Erector NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs ROCKLAND COUNTY: Entire County SUFFOLK COUNTY: Entire County NESTCHESTER COUNTY: Entire County WAGES: Iper hour) 7/01/02 Sign Erector ................ $ 32.50 ~NOTE: Overhead highway signs and structurally supported signs ;See Iron Worker Classificatzon) OVERTIME PAY: See ( A, H on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE. Page q3 , Prevailing Rate Schedule NeH York Sta~a Department of Labor .................................. Case Number .................................. 0102064 SUFFOLK 2002 APPRENTICES: ( 1/2 ) year ±arms at the following percentage of journeyman's 1st 2nd 3rd qth B±h 6th 7th 8th 9±h lOth 35~ q0~ qB% 50~ 55% 60~ 65~ 70% 75~ 80~ SUPPLEMENTAL BENEFITS: Journeyman ............... $ 21.63 Appls± term .............. 5.22 App 2nd ±erm ............. B.88 App 3rd term ............. 6.5q App qth term ............. 7.21 App 5th term ............. 9.87 App 6th term ............. 10.54 App 7th term ............. 13.19 App 8th term ............. lq. D6 App 9th term ............. 16.32 App loth term ............ 17.18 9-137 Updated 01/01/2003 Steamfitter - Refrigeration NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County NAGES: (per houri 7/01/02 Steamfitter ............... $ 26.30 Refrigeration, A/C, Oil Burner and Stoker Service and Installations, limited on Refrigeration to combined compressors up to five (5) horsepower, and on A/C Heating and Air Cooling to combined compressors up to ten (10) horsepower. OVERTIME PAY: See ( B, E, Q*, S~* ) on OVERTIME PAGE. HOLIDAYS: Paid: See I 2 6, 9, lO, 11, 15, 17, 28, Memorial Day ) on HOLIDAY RAGE. Overtime: * ( 2, ~, 9, 15, 17 I w~ I 10, 11, 26, Memorial Day ) APPRENTICES: 1st 6 mo $7.93 1 ) year terms at the following 2nd 6 mo 2nd yr 3rd yr wagqthe- yr 12.78 15.58 17.gl 21.60 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ................ $ 7.36 Appr ls± 6 months ........ 5.60 Page qq ~ ~revailing Rate Schedule New York State Oepartment of Labor .................................. Case Number .................................. 010206q SUFFOLK 2002 Appr 2nd 6 months ........ 5.88 Appr 2nd yr.term ......... 6.15 Appr 3rd yr.term ......... 8.q6 Appr qth yr.term ......... 6.8B 9-638B Updated 01/01/2003 Steamfitter - Sprinklerfit~er NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County WAGES: (per hour) 7/01/02 S~eam Fi~ter ................. $ 36.57 Sprinkler Fitter ............. 36.57 For Work on Temporary Heat 8 Air Conditioning ........... $ 27.79 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( ] ) on HOLIDAY PAGE. Overtime: See ( 5, 8, 11, 15, 18, 25 on HOLIDAY PAGE. APPRENTICES: ( 1 ) wageist. 2nd. qO% 50% year terms at the following percen±age of Journeyman's 3rd. qth. 5th. 65% 80% 85% SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................. $ 2q. O0 + .32 per hour worked For Work on Temporary ...... $ la.q8 Heat 8 Air conditioning + .32 per hour worked Apprentices ............... term percentage of $2q.00 pIus .32 per hour worked 9-638A Updated 01/01/2003 Survey Crew - Building NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County WAGES: (per hour) 1/01/00 7/01/00 7/01/01 Page q5 · g Rate Schedule Ne~ York State Department o~ Labor .................................. Case Number .................................. O10206q SUFFOLK 2002 Survey Pa±es-Building: Party Chie~ .............. $ 32.77 Addit. $$.01/hr. Addit. $5.01/hr. Instrument Man ........... 27.19 Addi±. $1.Bq/hr. Addit. $1.84/hr. Rodman ................... 18.Bq Addit. $1.31/hr. Addit Si.SI/hr. OVERTIME PAY: See ( A, Ex, Q~ V ) ON OVERTIME PAGE. ~Doubletime paid on the 8th hour on Saturday. HOLIDAYS: Paid: Overtime: See ( 5, 6, 88~ See 11, 12, 15, 25 ) on HOLIDAY PAGE. ]1, 12, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................ $ 1E.qO 9-1BDb Updated O1/O1/200S Survey Crew - Heavy High~ay DUTCHESS COUNTY: Entire County NASSAU COUNTY: Entire County NEN YORK CITY: Entire B Boroughs PUTNAM COUNTY: Entire County SUFFOLK COUNTY: Entire County NESTCHESTER COUNTY: Entire County NAGES: (per hour) 1/01/00 7/01/00 Survey Rates-Heavy/High~ay: Party Chie~ ................ $ $2.11 Addi±. $S.22/hr. Instrument Man .............. 2q.gO Addit. $1.7q/hr. Rodman ..................... 21.81 Addit. Si.qB/hr. 7/01/01 Addit. $$.22/hr. Addit. $1.74/hr. Addit. Si.AS/hr. OVERTIME PAY: See ~ B, Ex, Q, V ) ON OVERTIME PAGE. ~Doubletime paid on the 9th hour on Saturday. HOLIDAYS Paid: Overtime: See ( 5, 6, 7, See [ 5, 6, 7. 11, 12 ) on HOLIDAY PAGE. 11, 12 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................. $ 15.qO g-15Dh Updated 01/01/2003 Survey CreN Consulting DUTCHESS COUNTY: Only the portion south o~ the north city line in Page ~ ' 'revailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 0102064 SUFFOLK 2002 Poughkeepsie. NASSAU COUNTY: Er±ire county NEW YORK CITY: Entire 5 boroughs PUTNAM COUNTY: Entire county SUFFOLK COUNTY: Entire county WESTCHESTER COUNTY: Entire county Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a Consulting Engineer agreement. WAGES: ~per hour) 7/01/01 7/01/02 Survey Rates: Par±y Chief ............... $ 25.91 Addt. Instrument Man ............ 21.58 Rodman .................... 18.85 Per Hour OVERTIME PAY: See I B, E*, q, V ) ON OVERTIME PAGE. ~Doubletime paid on the 9th hour on Saturday. HOLIDAYS: Paid: See Overtime: See 5, 11, 16 ) I1, ) on HOLIDAY PAGE. on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................. $ 10.95 g-15dconsult Updated 01/01/2005 Teamster - Building 8 Heavy Highway NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County WAGES: Iper hour) 7-01-02- 6-30-03 Truck Driver- Bldg. 8 Heavy/Highway; Asphalt Delivery ......... $ 29.405 Concrete Delivery ............................... $ 28.47 "PLEASE NOTE" Drivers of three-axle tractors and trailers, $6.00 per day extra. Drivers of heavy equipment and tag-along trailers, $10.00 per day extra. Drivers of boom trucks, SB.O0 per day extra. OVERTIME PAY: See ( B, E, Q, R, T ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 11, 12. 15, 25 )* on HOLIDAY PAGE. Overtime: See ( 11, 12, 15, 25 ) on OVERTIME PAGE (code R). See [ 5, 6,15 ) on OVERTIME PAGE ( code T ) *(must work two days in holiday week) Page q7 ~reYailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 010206q SUFFOLK 2002 SUPPLEMENTAL BENEFITS: (per hour worked) Bldg.8 Heavy/Highway; Asphalt Delivery ....... $ 16.61 Concrete Delivery ............................ $ 17.2B q-282ns Updated 01/01/2003 Teams±er - Demolition NASSAU COUNTY: Entire County NEW YORK CITY: Entire B Boroughs SUFFOLK COUNTY= Entire County NAGES: (per hour) 7/01/02 Truck Driver, Chauffeur or Loader/Operator Trailers ..................... $ 21.85 Straight Jobs ................ 21.65 OVERTIME PAY: See ( B, L, S, Si,) on OVERTIME PAGE. HOLIDAYS: Paid: See ( "NOTE": 5, 6, 7, 8, 11, 12, 26 ) on Holiday Page. Employee must wopk two days in Holiday week SUPPLEMENTAL BENEFITS: (per hour worked) $ 14.68 q-282.Demo Updated 01/01/2003 Welder STATEWIDE: Applies to all counites. WAGES (per hour) 7/01/2002 Welder ......... (To be paid the rate of the mechanic performing the work) Updated 01/01/2003 BUR  BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, NY 12240 REQUEST FOR ~VAGE AND SUPPLEMENT INFORMATION AS REQUIRED BY ARTICLES 8 AND 9 OF THE LABOR LAW Fax (518) 485-1870 or mail this form for new schedules or for determination for additional occupations. Please type all information Requested Below SUBMITTED BY: ~CHECK ONEi A. Telephone [] CONTRACTING AGENCY [] PUBLIC WORK DISTRICT OFFICE [] ARCHITECT OR ENGINEERING FIRM PUBLIC WORK CONTRACT TO BE LET flY: (Enter Data Pertaining to Contracting Agency) Name and complete address (LJ check if new or change) 2. [] N.Y. State Units [] 01 DOT [] 02 OGS [] 03 DORMITORY AUTHORITY [] 04 STATE UNIVERSITY CONSTRUCTION FUND [] 05 MENTAL HYGIENE FACILITIES CORP. ) Fax: ( [] 06 OTHER N.Y. STATE UNIT DATE [] 07 Oty [] 08 Local School District [] 09 Special Local District, Le., F~re, Sewer, Water District [] 10 Wllage [] 11 Town [] 12 County [] 13 Other Non-N.Y State (Describe) 3 SEND REPLY TO ( [] check if new or change) Name and complete address SERVICE REQUIRED. Check appropriate box and provide project information. [] New Schedule of Wages and Supplements. APPROXIMATE BID DATE I [] Additional Occupation and,'or Redetermination Telephone ( ) B. PROJECT PARTICULARS Fax i PRC NUMBER ISSUED PREVIOUSLY FOR THIS PROJECT Prolect TITLE and.,or description of work to be performed. Include contract identification number, ~f applicable 6 Location of Project: Location on Site Route NoZStreet Address Wllage or City Town County 9 Nature of Project - Check One [] 1. New Building [] 2. Addition to Ex~stmg Structure [] 3. Heavy and Highway Construction (New and Repair) [] 4. New Sewer or Waterhne [] 5. Other New Construction (Explain) [] 6. Other Reconstruction, Maintenance, Repair or Alteration [] 7. Demolition [] 8. Building Service Cunt tact Name and Title of Requester OFFICE USE ONLY OCCUPATION EaR PROJECT [] Construction (Building, Heavy [] Guards, Watchmen Highway/Sewer/Water) 2 Janitors, porters, cleaners [] Tunnel D Mowng furniture and [] Residential equipment [] Landscape Maintenance ~ Trash and refuse removal [] Elevator maintenance [, Window cleaners [3 Exterminators, Fumigators [] Other (Describe) Locahty Designations I I I I Signature PW-39 (06-01) OFFICE USE ONLY Locality Designations SEE OTHER SIDE FOR LAWS RELATING TO PUBLIC WORK CONTRACTS FNEW YORK DEPARTMENT OF LABOR REQUIREMENTS OF ARTICLE 8 (Section 220-223) AND ARTICLE 9 (Section 230 - 239) OF THE NEW YORK STATE LABOR LAW PREVAILING RATE SCHEDULE: The Labor Law requires public work contractors and subcontractors to pay laborers, workers or mechanics employed in the performance of a public work contract not less than the prevailing rate o~ wage and to provide supplements (fringe benefits) in accordance with the prevailing practices in the locality where the work is performed. The Department of Jurisdiction awarding a public work contract MUST obtain a prevailing rate schedule from the Bureau of Public Work of the New York State Department of Labor listing the hourly rates for the trades and occupations of the workers to be employed on the public work project. This schedule may be obtained by completing and forwarding the Request for Wage and Supplement Information on the reverse side hereof. The prevailing rate schedule MUST be included in the specifications for the contract to be awarded and is deemed part of the public work contract. Upon the signing of the contract, the Department of Jurisdiction MUST advise the Bureau of Public Work on a form supplied by the Bureau as to the name of the contractor to ~vhom the contract was awarded, the date and the amount of the contract. A "Department of Jurisdiction" includes a state department agency, board or commission; a county, city, town or village; a school district, board of education or board of cooperative educational services; a sewer, ~vater, fire, improvement and other district corporations, a public benefit corporation; and a public authority awarding a public work contract. WITHHOLDING OF PAYMENTS FROM CONTRACTORS: When the Bureau of Public Work finds that a contractor or subcontractor on a public work project failed to pay or provide the requisite prevailing wages or supplements, the Bureau is authorized by Sections 220-b and 235.2 of the Labor Law to so notify the financial officer of the Department of Jurisdiction that awarded the public work contract. Such officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of such contract the amount indicated by the Bureau of Public Work as sufficient to satisfy the unpaid wages and supplements, including interest and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until a final determination of the underpayment by the Commissioner of Labor or by the Court in the event a legal proceeding for reviexv of the Commissioner of Labor's determination is instituted. The Department of Jurisdiction shall comply with an order of the Commissioner of Labor or of the Court with respect to the release of the funds so withheld. STATE OF NEW YORK DEPARTMENT OF LABOR Bureau of Public Work STATE OFFICE BUILDING CAMPUS Notice to ALL Contracting Agencies- Your attention is directed to the following Amendment to Article 8, Section 220 (3-a) of the NYS Labor Law: ,Assembly Bill Number 1839, entitled: ",AN .ACT to amend the Labor Law, in relation to signs posted at public works projects" APPROVED: This bill amends Section 220 (3-a) of the Labor Law to set forth specific requirements tbr signs at public work locations listing all prevailing wages specified in the contract. The bill mandates that such signs "be axitten in plain English and titled, in lettering no smaller than two inches in height and two inches in width," with the phrase "Prevailing Rate of Wages." The bill further requires that the sign by weatherproof. -['he bill takes effect on March 6, 2000. Si~ed into law on September 7. 1999. Ensuring that workers receive the appropriate wage when working on public work projects is a core mission for the Department of Labor ("Department"). This bill will assist the Department in carrying out this mission by educating workers on public work projects as to the applicable wage and supplements for each project. On the reverse, please find the complete text of the Bill, which contains various other aspects of the law, which affect contracting agencies. contractors and subcontractors working on public work projects. STATE OF NEW 'fORK YHE PEOPLE OF THE STATE OF NEW YORIC REPRESENTED IN SENATE AND ASSEMBLY, DO ENACY AS EOLEOWS: Secnon i Paragraph a of subdivision 3-a of secnon IlO of the labor 2 lag a~ amended by chapler 565 of the lag as of 1997. is amended to re, ad 4 a It shall be the duW of the depanmem of jun~liction as defined In this section to aacerman from the plans and specifications for clas- o s/fica:ion of workmen, mechanics and laborers to be employed on such prtyec: Such department shall file ~.4/h the fiscal officer, as defined EXPLANATION: Mai~er in ITALICS (underscored) is new. Matter in brackets 0 is old lass to be om/ired LBD04:89-01-9 Page 2 OF M~.TERIALS CAPABLE OF WITHSTANDING .ad)VERSE WEATHER CONDITIONS ~ne contractor and exery sub~:ontractor shah keep od_tuna) pa)a-oUs or 3 transcripts thereof, subscribed and affirmed by him as true under the 4 pena3nes of pequr1,', shoaJng the hours and days ~.orked by each workman. Io and exery thin2,.' da~,~ thereafier. A transcript of tk.e original payroll record of penury rbe department of jurisdiction, as he~iz referred to shall be the 20 comm~szon or beard appointed pursuant to law, ~hose duty it is to prepare STATE OF NEW YORK DEPARTMENT OF LABOR Bureau of Public Work Room 130, Building 12 Harriman State Office Building Campus Albany, New York 12240 IMPORTANT NOTICE REGARDING PREVAILING RATE UPDATES The Department of Labor's Bureau of Public Work is no longer providing individually printed copies of the updated prevailing wage schedule. Instead, the schedule is available to you on our web site: www.labor.state.nv.us. All the other requirements concerning the schedule remain in place. Contracting agencies are still required to request a schedule from the Bureau prior to issuing a bid for a public work project and the schedule must be annexed to the bid document. In addition, the Bureau must be notified who the contract has been awarded to. Contractors are still required to post the schedule on the jobsite and provide copies of the schedule to all their contractors. The requirement that contractors obtain affidavits from the subcontractors that such schedules have been provided is also in effect. Those forms will be available on our website, should you care to use them. In the event that you do not have web access or are unable to access the Department's website, please fax a written request for a printed copy of the schedule to the Central Office of the Bureau of Public Work at (518) 485-1870. This change allows the Department to provide this important information on a timelier basis and make the information contained in it more widely available. If you have any questions about this change, please contact the Bureau of Public Work at (518) 457-5589. 01/03 Telephone (518 ~ 457-5589 nysdol~,labor, state.r~y.us F~v, 15181485-187(I Z I11 ~ 0 ~ 0 ~ 0 ~ 0 ~0 0 ~ 0 ~ 0 ~ 0 Numberof = mO o · . ~ ZO I I do hereby state: 1. That I pay or supervise the payment of the persons employed by on the ; that during the payroll period commencing on the day of , 20 , and ending the day of , 20 , all that no rebates have been or will be made either directly or hldirecfiy to or on behalf of said contractor, from the full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person other than permissible deductions as defined by Regulations issued by the New york State Department of Labor. If any wages are unpaid, as reported in Column 10 on the front of this form, explain below: 2. That any payrolls otherwise under this contract required to be submitted for the above peflod are correct and complete; that the wage rates for laborers, mechanic, journeymen, skilled and semi-skilled laborer and apprentices contained therein are not less than the applicable wage rates contained In any wage determination incorporated Into the contract; that the classifications set forth therein for each laborer, mechanic, journeymen, skilled and semi-skilled laborer and apprentice con~orm with work he performed. 3. That any apprentices employed in the above period are duly registered in a bona fide apprenUceship program registered with a State apprenticeship agency recognized by the New York Bureay of Apprenticeship and Training, Department of Labor and Industry. 4. That: (al. WHERE FRINGE BENEFIES ARE PAID TO APPROVED PLANS, FUNDS OR PROGRAMS In addition to the basic houlty wage rates paid to each laborer, mechanic, Journeyman, skilled and semi-skilled laborer and [] apprentice listed in the above referenced payroll, payments of fringe beneFRs as listed in the contract have been or will be made to appropriate programs for the benet-it of such employee, except as noted in Section 4 (c) below. (b). WHERE FRINGE BENEFIES ARE PAID IN CASH Each laborer, Mechanic, journeymen, skilled and semi-skilled laborer and appdnflce listed in the above referenced payroll [] has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe bertefits as listed in the contract, except as noted in Section 4 (c) below. (cl. EXCEPTIONS EXCEPTION (CRAFT) REMARKS: (NOTARY & SEAL) TAKEN, SWORN AND SUBSCRIBED BEFORE ME. THIS DAY OF , A.a. 20 I 2 COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: 1. The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated Jn violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offerer, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): BULKHEAD RECONSTRUCTION & RESTORATION J-I 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Non-segregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 - which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "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, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, 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 by the contracting officer setting forth the 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 for employment without regard to race, creed, color, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, 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 No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such ruJes, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such 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 Jn accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. BULKHEAD RECONSTRUCTION & RESTORATION J-2 (?) The contractor will include the provisions of Paragraphs (1) through (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 No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reports and Other Required Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the prime contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. BULKHEAD RECONSTRUCTION & RESTORATION J-3 1-12.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors. (1) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state Jn the bid or at the outset of negotiations for 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 with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: (2) "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. (2) In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. (3) A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. (c) Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. BULKHEAD RECONSTRUCTION & RESTORATION J-4 (d) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. 100 Stock Number 7540-926-2049 Title Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENTSTANDARDS All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of 8 hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1- 112 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that 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. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. BULKHEAD RECONSTRUCTION & RESTORATION J-5 Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Sub-grantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. Contracts and sub-grants of amounts in excess of $ 100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. All contracts and sub-grants in excess of $ 10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or sub-grantee shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or sub-grantees and to assure that suspected or reported violations are promptly investigated. BULKHEAD RECONSTRUCTION & RESTORATION J-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: ,3. Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e, which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); ( C ) That there may be deducted from the amount payableto the contractor bythe State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; BULKHEAD RECONSTRUCTION & RESTORATION J-7 (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. BULKHEAD RECONSTRUCTION & RESTORATION J-8 NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. BULKHEAD RECONSTRUCTION & RESTORATION K-1 The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, bythe contracting agency upon the basis of a finding made bythe Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as Owner/Contracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). BULKHEAD RECONSTRUCTION & RESTORATION K-2 BULKHEAD RECONSTRUCTION & RESTORATION SPECIFICATIONS: Part 1. - General Specifications 1.01 General Conditions A. The contractor shall supply all labor, materials, equipment and services necessary or required to complete the work. The contractor shall fully familiarize himself with existing site conditions. The locations of all underground utilities shall be verified prior to commencing work. Damage to existing utilities shall be repaired at the contractor's expense. The contractor may store his materials and equipment on the work site but the Town of Southold will not be responsible for damage or theft of same. In the event that anything reasonable, necessary or proper for the complete performance of the work to produce a first class finished job, has not been described in these specifications clearly, through oversight or palpable error, the contractor shall, notwithstanding, execute and provide all omitted works and things as if they were severally described, without extra charge and to the satisfaction of the Town's authorized representatives. The contractor shall be responsible for all construction facilities and temporary controls. These items would include all temporary electric, heat, telephone, water and sanitary facilities. Barricades shall be provided around all hazardous areas during construction and shall be maintained and lighted in accordance with all State and Local Code requirements. The contractor may submit substitutions for products specified herein, where such substitutions are allowed. Requests for substitutions shall be submitted with complete data necessary to substantiate compliance with the contract documents. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. No claims for additional costs related to substitutions will be allowed. The contractor is specifically advised that he shall be responsible for on-site safety in regard to his area of work and shall indemnify and hold harmless the Town of Southold and the Architect from any and all claims resulting from onsite accidents or safety conditions. The contractor shall be responsible for cleaning all work related debris generated during this project in a timely fashion. All dredge spoil and debris removed from the site shall be disposed of at an approved upland site at the contractor's expense. 1.02 Quality Assurance: A. All new construction shall meet the minimum requirements of the Southold Town Trustees and the New York State Department of Environmental Conversation. B. The contractor shall be responsible for verifying all existing conditions and limitations. The extent of clearing and the amount of required excavation shall be verified by the contractor prior to submitting his bid. C. The contractor shall be responsible for fully investigating the existing site conditions and shall be responsible for verifying all dimensions and quantities. D. All new construction shall comply with the American Society of Civil Engineering Standard Practices. BULKHEAD RECONSTRUCTION & RESTORATION Page 1 1.03 1.04 Contractors Qualifications: The contractor must provide evidence of at least five (5) years of continuous experience in bulkhead construction. Job Conditions: The adjacent marina property shall remain open and operating during construction. The contractor shall be responsible for providing all necessary safeguards to ensure safe access to the Marina at all times. Part 2. ~ Products 2.01 Delivery, Storage and Handling: Delivery, storage and handling of equipment and bulkhead materials shall be in accordance with industry standards. 2.02 Materials: A. All new timber bulkhead materials such as piling, sheathing, whalers, backer piling & dead-men shall be pressure treated # 20 Creosote or treated to refusal. B. The size of timber bulkhead materials shall be as follows: 1. Piling 2. Sheathing 3. Whalers 4. Top Cap 5. Dead-Men 6. Backer Piling - 12" Diameter x 24' Long 3" x 10" x 20' Long 6" x 6" Continuous 2" x 8" Continuous 10" Diameter x 10' Long 10" Diameter Continuous C. Tie Rods shall be .75" Diameter x 20' Long Galvanized Metal with Nuts & Washers. D. All Bolts shall be .75" Diameter Galvanized Metal with Nuts & Washers. E. Filter Fabric shall be "Poly X" or approved Equal. F. Drainage Pipe shall be 8" Diameter Corrugated Galvanized Metal Pipe. G. Catch Basin shall be Pre-cast Concrete as MFG by Suffolk Cement or Approved Equal. Part 3. - Installation The work under this section shall consist of furnishing all labor, material, equipment necessary or required to perform and complete all work including but not limited to the following: 3.01 Excavation & Demolition of existing Bulkhead The demolition and removal of the existing timber bulkhead system shall be the contractor's responsibility. All excavations shall be to a minimum depth of 2'-0" below the mud line along the sheathing line of the new bulkhead. Excavation shall be in such a manner as to limit the amount of damage to the existing pavement. The contractor shall assume the responsibility for any unnecessary damage to the existing pavement or adjacent property. Damaged property shall be replaced by the contractor at no additional cost to the project. All existing Tie Rods & Dead-Man systems shall be removed in their entirety during the excavation of the site. BULKHEAD RECONSTRUCTION & RESTORATION Page 2 [Part 3. - Installation Continued. ] 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 Excavation & Demolition of Existing Catch Basin: The demolition and removal of the existing catch basin and ouffall pipe shall be the contractor's responsibility. Final placement of the new Catch Basin and outfall pipe shall be approved by the Fown of Southold. Installation of New Timber Bulkhead: The contractor shall provide a new Timber Bulkhead to replace the existing. See the typical Bulkhead Section on Sheet A-1 for details. (The overall length of [he replacement is 55 Feet.) Installation of New Whalers & Sheathing: All whalers shall be ship lapped & butt blocked at all joints for a continuous applicahon. All new sheathing shall be thoroughly spiked to both top and bottom whaler. Installation of New Filter Fabric: Provide new Poly "X' filter fabric over all new bulkhead sheathing. Fabric shall be continuous and extend from top of bulkhead to a minimum of two (2') feet below the existing mud line. All splices shall have a minimum overlap of two (2') feet. Connection with existing Bulkheads to Remain: The existing bulkhead structures at each end of the proposed work shall remain in place. The contractor shall verify the integrity of all adjacent piling to remain. The contractor shall provide all necessary sheathing and shims as may be required for a tight connection between New and Existing Work to remain. The engineer shall be notified of all additional items that may require replacement. Items replaced without written approval of the engineer shall be deemed as not to have been replaced. Damage of all items scheduled to remain shall be replaced at the contractor's expense. Installation of New Catch Basin & Drainage Outfall Pipe: The contractor shall be responsible for the supply and installation of a new pre-cast concrete catch basin with Top Slab. (Cast Iron Inlet Grate & Frame shall be supplied by the Town of Southold Highway Department.) The contractor shall supply and install a ten (10') foot section of eight (8") inch diameter corrugated, galvanized metal pipe through the sheathing below the top Whaler. The opening in the sheathing shall be accurately cut to allow for 1/8" clearance at the perimeter of the pipe. The landward side of the sheathing shall be blocked or braced as necessary to prevent movement in the sheathing. Excavabon and Stockpiling of backfill material: A. All stockpiling of excavation material shall be in an approved location immediately adjacent to the construction area. All stockpiles shall be protected with a continuous barrier of silt screen and hay bails to prevent silt from entering tidal waters. B No backfilling will be permitted in freezing weather. Removal of Dredge Spoil & Debris: All unsuitable dredge spoil generated from the proposed Construction shall be removed from the site by the contractor on a daily basis. Air Spoils and Construction debris shall be disposed of at an approved upland site at the Contractors expense. END OF SPECIFICATION BULKHEAD RECONSTRUCTION & RESTORATION Page 3 ELIZABETH A. NEVILLE TOI, VN CLERK REGISTtL~R OF VITAL STATI$ I~LARRIAGE OFI>ICER RECORDS *IANAGEMEN I' OFFICER FREEDOM (JIF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 $t;uthold, New York 11971 Fax 163I, 765-6145 Telephone ~6311 765-1800 sou t ho~dt,*wn.nor t hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS IO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 38 OF 2003 WAS ADOPTED AT THE REGUI.AR MEETING OF THE SOUTHOLD TOgVN BOARD ON JANUARY 21, 2003: RESOLVED that the Town Board of the Tow n of Southold hereby authorizes To*~ n Clerk Elizabetl~ Neville to advertise for bids for the reolacement of the gVest Road Bulkhead. in accordancc with the plans and specifications prepared by To~xn Engineer James Richter. Elizabeth A. Neville Southold Town Clerk RESOLUTION JANUARY 21, 2003 V - 38 RESOI.X ED tha£ the Town Board of thc Town ofSouthold hcrcby authorizes Town Clerk Elizabeth Ne~ ille to advertise for bids for the replacement of the X%,,st Road Bulkhead, in accordance x~ ilh the plans and specifications prepared b3 ]'ox~ n Engineer James Richter. RES(D[ VED that thc Town Board of thc Toxxn o£Southold hcreb5 attthorizcs Toxxn Clerk IElizabcth Nc,, ille to adx e~xise £or bids tbr the replacement of the \Vest Road Bulkhead, in accordance with the plans and specifications prepared by Town Engineer ,lames Richter. To~ n Board ]\leering: January 21, 2003 If you have any questions on the above, please call Jim McMahon or Highway Superintendent Peter Harris. I-¥ : # 'OMa a:BJ. ON SV LO/g~/ _West Creek Ave. PROPOSED WEST RO::xD, P E £70 N 1 C, ENGiP~ERING DEP-&RT~IENW scr~ ~: ACEMENT JAS~E$ A. R~CI~TER 1000_ 110- 01 - 12 i000 _ 110.07- 26 DATE: 0~"(./23 / 01 SCALE: AS NOTED DWG.//: P-1