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HomeMy WebLinkAboutStrawberry Fields SeedingAGREEMENT THIS AGREEMENT made this 8th day of June 2005 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 Gatz Landscaping Inc., PO Box 45, Mattituck, NY 11952, herein after called the "Contractor". WHEREAS, the Town of Southold desires to engage the contractor to render certain professional services herein described in connection with an undertaking. NOW, therefore, the parties hereto mutually agree as follows: 1. The Contractor does hereby agree to perform all the work outlined in the "Invitation to Bid - Grading and Seeding of a New Sports Play/ng Field at Strawberry Fields Fairgrounds, dated May 4, 2005 and annexed hereto and made part of this contract. (Exhibit A) The Town does hereby agree to pay the Contractor for the work, the total sum of forth six thousand, three hundred dollars ($46,300). The total 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 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 loarties hereto have set their hands and seals the day and year first above written. Town of Southold Joshua Y. Horton, Supervisor /~tz, President Exhibit A 2005 Strawberry Fields Grading and Seeding 0+00 0+50 1+00 1+50 2+00 2+50 3+00 3+50 4+00 4+!50 5+00 5+50 6+00 6+50 ,'::::,~~ 7--t---~~-- . - . ~ . .~ . : ~t.,~\-J.~\--.J-------t-------~--------t=--*--~\J------~------ ::: : "'" "'" '-'~ /'" "-----------=-, F~: ~,.s;'..... 4"-S' 4c"11 , ----",---4' -",-3' 37'.,' -,--~:;.;:;-===;.;;-......-- ~S:.:J'__ 3S"'0~ --7:S--=-===-1-itF."" J..l- ---"- i~~ ~ ~ ",,-.~ ~5.:::- ';'-:"=- --;..::;-~:.._:c~~ ~~ .~' ~.. :':,11:11 - "1 I ~ ' . "'" r ' E' g 4"-S' -"'- 4""0' :'~S' -"'- 4c'-11 , '4c'-o' Q~' ~ 3B'-o' 3B'~ a..'.' 38'-0' ......,~' 3 '.7' :1-111 ,,;'.;" i\ , -,.- -", '\. ~-c;r-+ -::,+----. ~ -- +=---~---~~ + \ II i , ,-'I<:... .........., "'K.. L "'-<- ~ I. I : " , "'l"-.. ---f- --*""" --'T- "" " ' .:1. '-.l , ',",-, ~ ~ ~ \, .1.:':35 , ''''K.. "'-- \, I: 4"-4' '4"-8' + 4,'-8" ~ 4"'S' +~ + 4c'-~ + 39'-9' + 39'-6' + 39''''' + 39'-7' ,,+ 38'., ... 3~' S".'! D , a '-f- -'f<- -+- ~ ~ ~ "' '::"~ ~ ~ ~ ~ '-------~-~---------- -------------~ ~ \ I ~r , ~ ~ J( ....,~ _ ,,~\l.. I. ' , ~::" +=-. '''-B:, +'.~ +......... ('" +"~~ +.o' .,~ +""-- <".;~ " +--z\ '-'-", c ' . ./< -+- """t-- ~ -,}f- ~ )( - -.I(:- ~B 42'-'~ ~:3'-.' +43"3' ~:!~~:!:'~--+:."';:'--+4!;:::.--+.:.2'~'-- 4.!.~__~..:::.._~':.._... +4~ +~. 39'.,' B :.:11 4",-6,,_'__ 4"~" 4""0' 4"""___: ~3"5' 4"~ 42'-11' 42"7'\ ........,,'\ \ ~9 : ~--~ir;----~~-*'-~~- '--=;J\+ ,4;~"8" '\ 4c'-9' ". 4c'~ A LINE OF EXISTING EVERGREEN TREES TO REMAIN ',..._...."'. I 2 41 I " ,"'...--, , ..,' LIMITS OF CLEARING TYPICAL '9 in N F E D~ LINE OF WOODLAND TO BE CLEARED & REMOVED Cy- 42 B : o 43/ A~ o -~..~ ~..- 40 k:........... ASSUMED DATUM '~ ELEVATION 401 ~Oll ftEXISTING GRADE. LEGEND +42"3' EXISTING GRADE ELEVATION NEW CONTOUR - .PROPOSEDM EXISTING CONTOUR TO BE REGRADED EXISTING CONTOUR TO REMAIN EXISTING PINE TREES EAST OF STATION 4+00 SHALL BE REMOVED. CONTRACTOR SHALL PROVIDE A UNIF"ORM TRANSITION IN GRADES BETWEEN NEW AND EXISTING FIELDS IN THIS GENERAL AREA. -*--'l4- GRADING PLAN .. STRAWBERRY FIELDS NORTHWEST CORNER SCALE: 111 60' Invitation to Bid Grading and seeding of a New Sports Playing field at Strawberry fields Falrgreunds Town of Southold SOUTHOLD, NEW YORK 11971 Date: May 4, 2005 INVITATION TO BID PROJECT: The clearing, grubbing, grading, seeding and field renovations for the construction of a new 250' x 650' sports playing field in the Northwesterly corner of Strawberry Fields Fairgrounds in Mattituck. The Town Board of the Town of Southold will receive bids for furnishing all materials and equipment as specified in the bid documents for the construction of a new, sports playing field in accordadce with the Drawings & Specifications contained herein. 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, 2nd , ~ 2005. Day Month Year All specifications are provided herein: drawings to be attached. 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 dudng this pedod. Bid Security in the form of a certified check or Bid bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Grading & Seeding - Sports Playing Field A.'I 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 Labor, materials, plant, equipment, tools or other facilities, & to supply all materials 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 pdor to the hour and date stated in these specifications. 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 5% of the total bid, and 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 retumed 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. Grading & Seeding - Sports Playing Field B-1 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 Town will either award tha 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 as stipulated herein. 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. 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 within ten (10) days 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. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work on or after August 1st, 2005, or the date stipulated in the notice to proceed given to him by the Town of Southold. The Contractor shall complete the clearing, grading, related .'oil work and shall commence seeding operations by the st middle of September. The seeding operations shall be completed by October 1 , 2005. Grading & Seeding - Sports Playing Field B-2 PROPOSAL FORM 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 I~or 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: May 4, 2005, 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 for: Grading & Seeding of New 250' x 650' Sports Playing Field {~ Strawberry Fields Fairgrounds "Northwesterly Corner" County Route 48, Mattituck, New York, 11952 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, t 1971, and shall comply with all the stipulations contained therein and that he wil~ start the work as directed by the Town, he will accept, in full payment thereof as listed below: ITEM # 1: GENERAL CONSTRUCTION FURNISH, CONSTRUCT, GRADE AND SEED A NEW 250' x 650' SPORTS PLAYING FIELD ALL IN ACCORCANCE WITH THE PLANS AND SPECIFICATIONS. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS NECESSARY TO CONSTRUCTA COMPLETE PROJECT 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) Grading & Seeding - Sports Playing Field D-1 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 secudty 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 pedod. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Telephone Number: Date: Bidders Address: Grading & Seeding - Sports Playing Field D-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. Bysubmisslon of this bid, each bidder and each parson 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 collueion, 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 Sat 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 slgnatura 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 Grading & Seeding of New 250' x 650' Sports Playing Field ~ Strawberry Fields Fairgrounds "Northwesterly Corner" County Route 48, Mattituck, New York, t1952 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 inaccurecles 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 dayof ,20 (SEAL OF THE CORPORATION) Laws of New York, '1965 Ch. 75'1, Sec. '103-d, as emended & effective on September '1, '1965. SlgnMura Grading & Seeding - Sports Playing Field E-'I ~ E A M E R I C A N I N S T ! T U T E 0 F ARCHITECTS AIA Do6~n~t A~O1 General Conditions of the Contract · for Co.nstruCtion THIS DOCuMF_g~I' HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. 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 11. 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 Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961~ 1963, 1966, 1967, 1970, 1976, © 1987 by The American Institute of A~chitecLs, 1735 New York Avenue N.W. Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of ils provisions without written permis$iofi of the AIA violates the copyright laws of the United States and will be subject t6 legal pro~cutions. CAUTION: YOU should use an original AIA document which has this caution printed In red. An original assures thai changes will not be obscured as may occur when document~ are reproduced. WARNING: Unlk~m~ad pi~otocopylng vlota~s U.S. {mpyright Im, m m~d I$ mdaJect to k~ pmm~:~lon. A201-1987 I INDEX Acceptance of Nonoonfonnlng Wonk ......... ~.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~ fo WOI~ ........................... $.13, 6.2.1, 12.1 Accident Prevention ..............................4.2.3, 10 Acts and Omis$ions ... 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, 4.3.9, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Addenda ..................................... 1.1.1,3.11 Additional Cost, Clainls for ......... 4.3.6, 4.3.7, 4.3.9,6.1.1, 10.3 Additional Inspections and Testing ....... 4.2.6,9.8.2, 12.2.1, 13.5 Additional Time, ~lalm,4 for...; ......... 4.3.6, 4.3.8, 4.3.9, 8.3.2 ADMINISTRATION OF THS: CONTRACT ....... 3.3.3, 4, 9.4, 9.5 Advertisement or lnviraUon to Bid ...................... 1.1.1 Aesthetic Effect .......................... i 4.2.13, 4.5.1 Alfowances ........................................ 3.8 All-risk Irlsura~ce ................................. 11.3.1.1 Applk~aflons for Payment .. 4.2.5,7.3.7,9.2, g.3,9.4,9.5.1,9.6.3, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 11.1.3, 14.2.4 Approvals .... 2.4, 3.3.3, 3.5, 3.10.2, 3.12.4 throul~l 3.12.8, 3.18.3, 4.2.7, 9.3.2, 11.3.1.4, 13.4.2, 13.5 A~oltratlon ..................... 4.1.4, 4.3.2, 4.3.4, 4.4.4, 4.J~, 8.3.1, 10.1.2, 11.3.9, 11.3.10 An:hltecl .......................................... 4.1 Architt~, Definition of ............................... 4.1.1 Amhltect, Extent of Authority ........ 2.4, 3.12.6, 4.2~ 4.3.2, 4.3.6, 4.4, 5.2, 6.3, 7.1.2, 7.2.1, 7.3.6, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8.2, 9.8.3, 9.10.1, 9.1~,.3, 12.1, 12.2.1, 13.5.1, 13.5.1.}, 14.2.2, 14.2.4 Architect, Llmgations of Authority and Resi~nsibility. 3.3.3, 3.12.8, 3.12.11, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 4.3.2, 5.2.1, 7.4, 9..1.2, 9.6.4, 9.6.6 Architect's Additional Service.s and Expgnses .......... 2.4,9.8.2, 11.3.1.1, 12.2.1, 12.2.4, 13.5.2, 13.5.3, 14.2.4' Archifocra Administration of the Contract .......... 4.2,4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architect's Approvals 2.4, 3.5.1, 3.10.2, 3.12.6, 3.12.8, 3.18.3, 4.2.7 Architect's Authotity to Reject Work .... 3.5.1,4.2.(;, 12.1.2, 12.2.1 Architect's Copyright .................................. 1.3 Architect's Dccisions .......... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Architect's lnspecgons ........... 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1, 13.5 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 In terpretations ................. 4.2.11, 4.2.12, 4.3.7 Architect's On-Site Observatiorls ........ 4.2.2,4.2.5,4.3.6,9.4.2, 9.5.1, 9.10.1, 13.5 Architect's Project Representative ..................... 4.2.10 Architect's Relationship with Contractor ....... 1.1.2,3.2.1,3.2.2, 3.3,3, 3.5.1, 3.7.3, 3.11, 3.12.8, 3.12.11, 3.16, 3.113, 4.2.3, 4.2.4, 4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 A~chitect'$ Relationship with Subcontractora .... 1.1.2,4.2.3,4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 Acchit ect's Representations ................. 9.4.2,9.5.1,9.10.1 Architect's Site Visits ........ 4.2.2, 4.2.5, 4.2.9, 4,3.6, 9.4.2, 9.5.1, 9.8.2, 9.9.2, 9.10.1, 13.5 A~bestos .......................................... 10.1 Attorneys' Fees ........................ 3.18.1, 9.10.2, I0.1.4 Award of Separate Contracts ........................... 6.1.1 Award of Subcontracts and Other Contra~ts for Portions of $~ Work .............................. 6.2 B~lo Defln&qons .................................... 1.1 Bidding RequiremenLs ................ 1.1.1, 1.1~7, 5.2.1, l 1.4. l Boiler ired Maohlrmp/Irmors~oe ..................... 11.$.2 Bonds, [den ...................................... 9.10.2 Bonds, Per formailce and Paymcnt ..... 7.3.6.4, 9.10.3, 11.3.9, 11.4 Building permit ................................... 3.7.1 Certificate of Subgtandal Complctior~ .................... 9.8.2 C~rllflo~te$ for Pll¥1r. ent ....... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Certificates of Irgpection, Testing or Approval ..... 3.12.11, 13.5.4 Cer tfficate$ o f Illgurance .................. 9.3.2,9.10.2, 11.1.3 ¢1~ Or~er$ ...... 1.1.1, 2.4.1,3.8.2.4, 3.11, 4.2.8, 4.3.3, 5.2.3, 7.1, }'.2, 7.3.2, 8.3.1, 9.3.1.1, 9.10.3, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2 C~nge Orders, Definition of .......................... 7.2.1 ch..g.. ' ' CHANGE~ IN THE WORK .... 3.11,4.2.8, 7, 8.3.1, 9.3.1.1, 10. I.3 Claim, I~flldflo~ of .......................... , ...... 4,3.1 C[alnm ind Dlapi~s ................ 4.3, 4.4, 4.5, 6.2.5, 8.3.2, 9.3.1.2, 9.3.3, 9.10.4, 10.1.4 Cl$1m$ and TIm~y &s~gon of Claims ................ 4.8,6 CIllml for AddP'.~,-~; Cost ........ 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 CIIIIl~ll for Ad~ TIIlle ............ 4.3.6, 4.3.8, 4.3.9, 8.3.2 Cbdms for Concealed or Unknown Conditions ........... 4.3.6 Claims for Dmnages... 3.18, 4.3.9, 6.1.I, 6.2.5, 8.3.2, 9.5.1 2, I0 1 4 Clahl~ Subject to Arbitration ................. 4.3.2, 4.4.4, 4.5.1 C[eard~l Up ................................... 3.15,6.3 Commencement of Stafo~my Umitatlon Pedod .......... 13,7 Commcnccmcnt of the Work, Conditions Relating to ....... 2.2.1, 3.2.1, 3.2.2, 3.7.1, 3.10.1, 3.12.6, 4.3.7, 5.2.1, 6.2.2, 8.1.2, 8.2.2, 9.2, 11.1.3, 11.3.6, I Comme~lcement of the Work, Definition of ............... 8.1.2 Communications Facilitating Contract Administration ........................ 3.9.1,4.2.4, 5.2.1 Completion, Conditions Relating to ....... 3.11, 3.15, 4.2.2, 4.2.9, 4.3.2, 9.,~.2, 9.8, 9.9.1, 9.10, 11.3.5, 12.2.2, 13.7.1 COMPt. ETION, PAYMENTS AND ......................... 9 Completion, gubstandal ......... 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3, 9.8, 9.9.1, 12.2.2, 13.7 Complia~ce with Laws ...... 1.3,3.6,3.7,3.13,4.1.1, 10.2.2, 11.1, 11.3, 13.1, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 Concealed or Unknown Conditions ..................... 4.3.6 Conditions o f the Contr,~ct .................. 1.1.1,1.1.7,6.1.1 Consent, Written .................. 1.3.1, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.5.5, 9.3.2, 9.8.2; 9.9.1; 9.10.2, 9.10.3,10.1.2, 10.1.3, 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 CoNsTRUCTION BY oWNER OR BY SEPARATE (~'TRAG'TO~ .............................. 1.1.4,6 Congtructlon Change DlrecUve, Dcllrdtion of .............. 7.3.1 O..,Ofl$~llP~NI ChlU~ D] ~'gv~ .... 1.1.1,4.2.8,7.1,7.3,9.3.1.1 Construction Schedulg$, Contractor's ............... 3.10,6.1.3 Cong~ent Agsl~rmmnt of Sul~ontraots ................ 3.4 Contlnuln~ Contr~t Peffommnce .................... 4.3.4 ContraS:t, Dcfiolt fon o f ...............................1.1.2 CONTRACT, TERMINATION OR 8UgPEI~ION OF ~E .................. 4.3.7,5.4.1.1,14 Cont ~act Adini~Lst ration ..................... 3.3.3,4,9.4,9.5 Contcac1Award and Execution, Conditions Relating to ...... 3.7.], 3.10, 5.2, 9.2, 11.I.3, 11.3.6, ll.4:l- ContraolDo~m~fl~s, TI~ ....................... 1.~, 1.2, 7 Cont fact Documents, Co~les Furnished and IJse of... 1.3,2.2.5,5.3 Cont tact Doc~u~ent$, De ftnitton of ..................... 1.1.1 Contract Performance During Arbit ration ............ 4.3.4, 4.5.3 ContmclSum ................... 3.8, 4.3.6, 4.3.7, 4.4.4, 5.2.3, 6.1.3, 7.2, 7.3, 3.~, 9.7, 11.3.1, 12.2.4, 12.3, 14.2.4 Contmot gum, Dc~tn. lUon of ............................ 9.1 Contract Time ................. 4.3.6, 4.3.8, 4.4.4, 7.2.1.3, 7.3, 8.2.1, 8.3.1, 9.7, 12.1.1 Contract Time, Deflnltl~ of_ .......................... $.1.1 2 A201-1987 WARNING: Unlicensed photooopylng v~olates U.S. copyright laws and ia su~ to legal prom~uflon. CONTRACTOR ....................................... 3 Contractor, Definition o£ ........... , ............. $.1,6.1.2 Corlt~actor's EJd .................................... 1.1.1 Contractor's Conslruction 8chedulas ............. 3.10,6.1.3 Contractor'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, Il.lA, 14.2:1.1 Commcto¢,, I.i~l#ty Insurance ....................... 11.1 Contractor's Relationship with Separate Contractors and Owner's Fo~es ...... 2.2.6, 3.12.5~ 3.14.2, 4.2:4, 6, 12.2.5 Contractor's Relationship with Subcontractors ...... 1.2.4, 3.3.2, 3.18.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2, 11.3.7, 11.3.8, 14.2.1.2 Contractor's Relation~hip with the Architect 1.1.2,3.2.1,3.2.2, 3.3.3, 3.5.1, 3.7.3, 3.11, 3,12.83.16, 3.18, 4.2.3, 4.2.4, 4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Contract or's Repre~sentations.. 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3 Contractor's Re~ponsibility for Those Performing the Work ................. 3.3.2,3.18,4.2.3,10 Contractor's Re~iew of Contract Documents ...... 1.2.2,3.2,3.7.3 Contractor's Right to Stop the Work ...................... 9.7 Contractor's Right to Terlulnate the Contract .............. 14.1 Contractor's Submittals ....... 3.10, 3.11,3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 11.4.2, 11~4.3 Contractor's Superintendent ...................... 3.9, 10.2.6 Contractor'a Supervision and Const ruction Proc(.<lures ...... 1.2.4, 3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, IO Contractual Liability Insurance ................. 11.1.1.7, 11.2.1 Coordination and Correlation ............... 1.2.2, 1.2.4, 3.3.1, 3.10, 3.12.7, 6.1.3, 6.2.1 CopiesFurO. ishedofDfawingsandSpecifications .. ~ 1.3,2.2.5,3.11 Correction of Work ..................... 2.3, 2.4, 4.2.1, 9.9.1, 12.1.2, 12.2, 13.7.1.3 Cost, Definition of ............................ 7.3.6, 14.3.5 Costs .... 2.4, 3.2.1, 3.7.4, 3.8.2, 3.15.2, 4.3.6, 4.3.7, 4.3.8.1, 5.2.3, 6.1.1,6.2.3, 6.3, 7.3.3.3, 7.3.6, 7.3.7, 9.7, 9JS.2, 9.10.2, 11.3. t .2, 11.3.1.3,11.3.4, 11.3.9,12.1,12.2.1,12.2.4,12.2.5,13.5,14 Cultln~ ~md P~R(~ln~ ........................... 8.14,6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3, 12.2.5 Danlage to the Work ..... 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3 Damages, Claims for.. 3.18, 4.3.9, 6.1.1, 6.2.5,11.3.2, 9.5.1.2, 1 O, 1.4 ~ for Delay .......... ; ........ 6.1.1,8.3.3,9.5.1.6,9.7 Date of Conamencement o f the Work, Definition of ......... 8.1.2 Date of Substantial Completion, Definition of ............. 8.1.3 Day, Definition of .................................. 8.1.4 Decisions of the Architect ...... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.38, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Coclalon~ to Withhold Ceniflcet~on .......... D.~, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of ............ 2:.3, 2.4, 3.5.!, 4;2.1, 4.2.6, 4.3.5, 9.5.2, 9.8.2, 9.9.1, IO.2.5, 12, 13.7.1.3 Defective Work, Definition of ......................... 3.5.1 Dethaitions ...... 1.1,2.1.1, 3.1,3.5.1, 3.12.1,3.12.2, 3.12.3, 4.1.1, 4.3.1, 5.1, 6.1.2, 7.2.I, 7.3.1, 7.3.6, 8.1, 9.1, 9.8.1 Dolay8 lind Ex~0nalon~ of T[mo .......... 4..3:1, 4.3.8.1, 4.3.8.2, 6.1.1, 6.2.3, 7.2.1, 7.3.1, 7.3.4, 7.3.5, 7.3.8, 7.3.9, 8.1.1, $.3, 10.3.1, 14.1.1.4 Disputes ............ 4.1.4, 4.3, 4.4, 4.5, 6.2.5, 6.3, 7.3.8, 9.3.1.2 Docctments and $anlple$ at the Site ..................... 3.11 Drawings, Definition of .............................. 1.1.5 Drawings and 8pecificatfons, Use and Ownership~f ..... 1.1.1,.1.3, 2.2.5, 3.11, 5.3 Duty to Review Contract Documents and Field Co~aditions ..... 3.2 Effective Date of Insurance ...................... 8.2.2, 11.1.2 En~r~nol~ ................................. 4.3.7,10.3 Employees, Contractor's .......... 3.3.2,3.4.2,3.8.1,3.9,3.18.1, 3.18.2, 4.2.3, 4.2.6, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Equipment, Labor, Materials and .......... 1A.3, 1.1.6, 3.4, 3,5.1, 3.8.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 11.3, 12.2.4, 14 Execution and progress of the Work ....... 1.1.3, 1.2.3, 3.2, 3.4.1, 3.5.1, 4.2.2, 4.2.3, 4.3.4, 4.3.8, 6.2.2, 7.1.3, 7.3.9, 8.2, 8.3, 9.5, 9.9.1, 10.2, 14.2, 14.3 ExecuUon, Correlation and Intent of the Contract Documents .......................... 1.2,3.7.1 Extensions of Time ............. 4.3.1,4.3.8, 7.2.1.3,8.3, 10.3.1 Failure of Payment by Contractor .............. 9.5.1.3, 14.2.1.2 Failure of Payment by Owner ................ 4.3.7,9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work) FIm~l Complatton ,md Final Payment ........ 4.2.1,4.2.9, 4.3.2, 4.3.5, 3.10, 11.1.2, 11.1.3, 11.3.5, 12.3.1, 13.7 Financial Arrangements, Owner's ....................... 2.2.1 Fire and Extended C0verage Insurance ................... 11.3 GEHERAL PROVISIOHS ................................ 1 GovemJag Law .................................... 13.1 Guarantees (Sec Warranty and Warranties) Hazardous Materials.: .......................... 10.1, 10.2.4 ldetltiflcation o f Contract Documents ................... 1.2.1 IdentiScation of Su~)contractors and Suppliers ............. 5.2.1 Ind~nnlflc~tlon ....... 3.17,3.13,9.10.2, 10.1.4, 11.3~1.2, 11.3.7 Irdormatlon and Sewlces Required of the Owner ..... 2.1.2,2.2r 4.3.4, 6.1.3, 6.1.4, 6.2.6, 9.3.2, 9.6.1, 9.6.4, 9.8.3, 9.9.2, 9.10.3, 10.1.4, 11.2, 11.3, 13.5.1, 13.5.2 Injury or D(~e to Per, on or Prope~y ................ 4,$,9 Inspection~ ......................... 3.3.3, 3.3.4, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1, 13.5 lnst ructions t o Bidders ............................... 1.1.1 Instructions to the Contractor .... 3.8.1,4.2.8, 5.2.1,7, 12.1, 13.5.2 Insucance ....... 4.3.9.6.1.1,7.3.6.4,9.3.2,9.8.2,9.9.1,9.10.2, 11 In.urance, Bollar ind Machln~y .................... 11.3.2 In~unlnce, Contmcto¢$ Liability ...................... '11.1 Insurance, Effective Date of ..................... 8.2.2,11.1.2 I~l~lr~lc~, Lois o[ U$~ ............................. 11,3.3 Inlur~nce, Owner's Ueb#lly ...................... :... 11.2 Inm~rlnce, Property ........................... 10.2.5,11.3 Insurance, Stored Materials 9.3.2, 11.3.1.4 INSURANC~ AND BONDS ............................. 11 Insurance Companies, Consent to partial Occupancy.. 9.9.1, 11.3.11 Insurance Companies, Sctdcmcnt With ................. 11.3.10 Intent of the Contract Documcnts ................ 1.2.3,3.12.4, 4.2.6, 4.2.7, 4.2.12, 4.2.13, 7.4 Interest ......... ~ ................................. 15.6 I~on ........ 1.2.5,1.4,1.8,4.1.1,4.3.1,5.1,6.1.2,8.1.4 I nteq0retation$, Writ ten .................. 4.2.11, 4.2.12, 4.3.7 Joinder and Consolidation of Claims Required ............. 4.5.6 Judgment on FInalAward ................ 4.5.1, 4.5.4.1,4.~o? LM)Or end I~ Equipment .... 1.1.3, 1.1.6,3.4, 3.5.1;5:8.2, 3.12.2, 3.12.3, 3.12.7, 3.12,11, 3.13, 3.15.1, 4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 Labor Disputes ..................................... 8.3.1 Laws and Regulations ....... 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.5.5, 4.5.7, 9,9.1, 10.2.2, ILl, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6 IAcns .................. 2.1.2, 4.3.2, 4.3.5.1, 8.2.2, 9.3.3, 9.10.2 Lim#~Jon on Commlld~t~on or dolnder ................ 4.5.$ Limitations, Statutes of ................... 4.5.4.2, 12.2.6, 13.7 LLmitations o f Aut horit y .................... 3.3.1,4.1.2,4.2.1, 4.2.3, 4.2.7, 4.2.10, 5.2.2, 5.2.4, 7.4, 11.3.10 WARNING: OnOcensed photocopying violates U.S. ~opyr~ht ~ and Is subJ~t to.legel pm~e~u0on. A201-1987 3 Lir~ltatlons o f Llabllit 7 ..... 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.11, 3.17, 3.18, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.10.4, 10.1.4, 10.2.5, 11.1.2, 11.2.1, 11.!1.7, 13.4.2, 13.5.2 Limitations of Time, General ........... 2.2.1,2.2.4,3.2.1,3.7.3, 3.8.2, 3.10, 3.12.5, 3.15.1, 4.2.1, 4.2.7, 4.2.11, 4.3.2, 4.3.3, 4.3.4,4.3.6, 4.3.9, 4.5.4.2, 5.2.~, 5.2.3, 6.2.4, 7.3.4, 7.4, 8.2, 9.5, 9.6.2, 9.8, 9.9, 9.10, 11.1.3, 11.31, 11.3.2, 11.3.5, 11.3.6, 12.2.1, 1~.2.2, 13.5, 13.7 Lir~itatlons o f Tinle, Sp¢ci fic ......... 2.1.2,2,2.1,2.4,3.10,3.11, 3.15.1, 4.2.1, 4.2.11, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9, fi.2, 9~2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10, 11.3.11, 122.2, 12.2.4, 12.2.6, ~3.7, 14 Lois of Une Ineuranne ............................. 11.3.3 Material Suppliers .............. 1.3A, 3.t2.1, 4.2.4, 4.2.6, 5.2.1, 9.3.1, 9.3.1.2, 9.3.3, 9.4.2, 9.6.5,9.10.4 Material, Hazardous ........................... 10.1, 10.2.4 Material, Labor, Equipment and ..... 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.]5.1, 4.2.7, 6.2.1, 7.3.6, 9.32, 9.3.3, 12.2.4, 14 Means, Methods, Teclffdques, Sequences and Procedurgs o f Consteuction ...... .... 3.3.1,4.2.3,4.2.7,9.4.2 Mlflor ChallOe~ Iff the Wof~ .......... 1.1.1,4.2.8,4.3.7,7.1,?.4 MISCF. LLANEOU$ PFIOVlSIONS ........................ 13 Modiflcaflorts, Definition of ............. ~ ...... . 1. I. 1 Modifications to the Contract ........... 1.1.1, 1.1.2, 3.7.3, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7 MutuaJ Req:omdblllly ................................ 3.2 Nofl<~)llfocmlng Work, Acceptance of .................. 12.3 Nonconforming Work, Rejection and Correction of ........ 2.3.1, 4.3.5, 9.5.2, 9.8.2, 12, 13.7.1.3. Notice ............. 2.3, 2.4, 3.2.1, 3.2.2, 3.7.3, 3.7.4, 3.9, 3.12.8, 3.12.9, 3.17, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.6.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14 Nofloe,~l~t~rl ............... 2.3 2.4 3.9 3.12,8 3.12.9,4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Notice o f Testing add lnspectiorts ................13.5.1, 13.5.2 Notice to Proceed ................................... 8.2.2 Notlce~, Permita, Fo~ sfld ...... 2.2.3,3.7,3.13,7.3.6.4, 10.2.2 Ob~e:rvations, Archit ect's Orl-S fie ................. 4.2.2,4.2.5, 4.5.6, 9.4.2, 9.5.1, 9.t0.1, 13.5 Observations, Contractor's ................. ;; .... 1.2.2,3.2.2 Occupancy ......................... 9.6.6, 9.8.1, 9.9, 11.3.11 On-Site Inspections by the Mchitect .......... 4.2.2,4.2.9,4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1 On-Site Observations by the Archltc~l ......... 4.2.2, 4.2.5, 4.3.6, 9.4.2, 9.5..I, 9.10.1, 13.5 Orders, W~ten ............ 2.3, 3.9, 4.3.7, 7, 8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 OWNER ............................................. 2 Owner, DeflnBIon of ................................ 2.1 Owner, Ioformaflon end 8ervlne$ Required of the ..... ~.. 2.1.2, 2.2, 4.3.4, 6, 9, 10.1.4, 11.2, 11.3, 13.5.1, 14.1.1.5, 14.1.3 Owner's Authority ......... 3.8.1,4.1.3, 4.2.9, 5.;!.1, 5.2.4, 5.4.1, 7.3.1, 8.2.2, 9.3.1, 9.3.2, 11.4,1, 12.2.4, 13.5.2, 14~2, 14.3.1 Owner's Financial Capabllity ................... 2.2.1,14.1.1.5 Owner's Liability Iimu ranoe .......................... 11.2 Owner's Lo~s of lJse: Insurance ........................ 11.3.3 Owner's Relationship wfih Subcomraccors ....... .,, .;.:.. 1.1.2, 5.2:.1, 5.4.1, 9.6.4 Owncr'$PdghttoCarryOuttheWork ........ 2.4, 12.2.4, 14.2.2.2 Ownmae Right fo Ctaan Up ............................ 6.$ Owner's Right to Perform Conetmctlon snd to Award Separata Contraofl ................ :. ....... 6.1 Owner's Right to Stap the Work ................... 2.3, 4.3.7 Owner's Right to Suspend thc Work~. .................... 14.3 Owner's PJght to Terminate the Contract ................. 14.2 Ownemhlp and Uee of Amhlteof'e Drawings, Speclflneflone end Other Do(mment~ ................ 1.1.1, 1.3, 2.2.5, 5.3 Pa~tlal Oocupancy or One ................. 9.6.6,9.9, 11.3.11 PctcNng, Cutting snd .......................... 3.14,6.2.6 Patanta, Roy$1tle$ end .............................. 3.17 Payment, Appllnetione for ................ 4.2.5, 9.2~ 3.3, 9.4, 9.5.1, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 14.2.4 PSylflel~ Ce~fl0eta~ for ...........4.2.5, 4.2.9, 9.3.3, 3.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Psyment~ FMlure of .......................... 4.3.7, 9.5.1.3, 3.7, 9.10.2, 14.1.1.3, 14.2.1.2 Payment, Final ............ 4.2. I, 4.2.9, 4.3.2, 4.3.5, 9.10, 11.1.2, 11.1,3, 11.3.5, 12.3.1 PaYmsnt Bond, Pe~formsnce raond and .............. 7.3.6.4, 9.10.3, 11.3.9, 11.4 Payments, Progress .......................... 4.3.4,9.3,9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 PAYM ENT~ A~D COMP[-L=T~ ...................... 3, 14 Payments to Subcontractors .................... 5.4.2,9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 11.3.8, 14.2.1.2 PCB .............................................. 10.1 Performance Bond and Payment Bond .......... ....... 7.3.6.4, 9.10.3, 11.3.9, 11.4 Pem~lts, Fene snd Noflne~ ....... 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ............ 10 PolychlorJDated Biphenyl ............................. 10.1 Product Data, Definition of ........................... 3.12.2 product Data end 8maples, Shop Drawings .... 3.1 l, 3.12, 4.2.7 progress efld Compleflofl ................... 4.2.2, 4.3.4, 8.2 Prog~ Payments ............................ 4.3.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 proJeof, Definition of the ............................. 1.1.4 Project Manual, Definition of the ..................... 1.1.7 Project Manuals ....................................2.2.5 Project Representatives ............................. 4.2.10 Pl'Opel~ In~lmrK~ ........................... 10.2.5,11.3 PROTECTION OF PERSONS AND PROPEFITY ............. 10 Regulations and Laws ............ 1.3, 3.6, 3.7, 3.13, 4. I. 1,4.5.5, 4.5.7, 10.2.2, ll.I, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 Rejection of Wock ......................... 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, 6.2.2; 8.2.1~ 9.3.3, 9.4.2, 9.5.1~ 9.8.2, 9.10.1 Representatives.. ......... ................. 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 42.10, 5.1.1, 5.1.2, 13.2.1 Resolution of C~dms end Disputes .................. 4.4,4.5 Responsibility for Those Performing the Work ........... 3.3.2, 4.2.3, 6.1.3, 6.2, 10 RetaJnage ............... 9.3.1, 9.6.2, 9.8.3, 9.9.1,9.10.2, 9.10,3. Revfew of Contract I~aeument~ and Field Condltlorm by Contractor ............ 1.2.2, 3.2, 3.7.3, 3.12.7 Review of Contractor's Submittals by Owner and A~chfi¢ct ............. 3.10.1,3.t0.2, 3.11, 3.12, 4.2.7, 4.2.9, 5.2.1, 5.2.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor ........................ 3.12.5 R~hta snd R~m~di~$ ............. 1.1.2, 2.3, 2.4, 3.5.1, 3.15.2, 4.2.6, 4.3.6, 4.5, 5.3, 6.1, 6.3, 7.3.1, 8.3.1, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14 Royaltlne snd Pstanta ............................... 3.17 4 A201-1~7 WARNING: Unlloensed p~otocop~lng ~lolate$ iLS. ~opyt$ght laws and I~ sul3~ to ~ pm~aeufion. Rule8 and Notices for Arbltr~on ..................... 4.5.2 Slffety of P®rsoM ~nd Property ....................... 10.2 $1ffMy Pfl~mJtlons mid Progmnts ........... 4.2.3,4.2.7,10.1 samples, Definition of ............................. 3.12.3 fmmplea,$hopDmwlnoa, ProductOofa~nd ... 3.11,3.12,4.2.7 $ampi~ of the SIt~, Documen~ ,nd ...................3.11 $oh~duM of YMu~ ............................. 9.9,9.3.1 Schedules, Const n~ction .............................. 3.10 Separate Contracts and Contractors .......... 1.1.4,3.14.2,4.2.4, 4.5.5, 6, 11.3.7, 12.1.2, 12.2.5 Shop Drawings, Definition of ......................... 3.12.1 Shop Drawing, Produof Data and ~mpkm 3.11,3.12,4.2.7 ~t~, U~of .............................. $.13, 6.1.1, 6.2,1 Site Inspections ... 1.2.2, 3.3.4, 4.2.2, 4.2.9, 4.36, 9.8.2, 9.10.1, 13.5 sit e Visit s, Architect's ................. 4.22,4.2.5,4.2.9,4.3.6, 9.4.2, 9.5.1, 9.8.2, 9.9.2, 9.10:1, 13.5 Special lnspecUons and Testing .............. 4.2.6, 12.2.1, 13.5 Sp~olflo~ol~, Definition o f the ....................... 1.1.6 . $pm~k:~k~ TI~ .......... 1.1.1,1.1.0, 1.1.7, 1.2.4, 1.3, 3.11 StatutesofLttnitation$ .................... 4.5.4.2, 12.2.6, 13.7 Stopping the Work ............. 2.3,4.3.7; 9.7, 10.1.2, 10.3, 14.1 StoredMaterials ........... 6.2.1,9.3.2, 10.2.1.2, 11.3.1.4, 12.2.4 Subcontract or, Dcfthition o f ........................... 5.1.1 SUBCONTRACTORS .................................. $ Subcontractors, Work by .................. 1.2.4, 3.3.2, 3.12.1, 4.2.3, 5.3, 5.4 Subcontra~ual Relations .............. 5.3, 5.4, 9.3.1.2, 9.6.2, 9.6.3,9.6.4, 10.2.1, 11.3.7, 11.3.8, 14.1.1, 14,2.1.2, 14.3.2 Submittals ......... 1.3,3.2.3,3.10,3.11,3.1:2,4.2.7,5.2.1,5.2.3, 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, 910.3, 10.1.2, 11.1.3 SubcoO~on, Waivers of ................. 6. I. 1, 11.3.5,11.3.7 Substllrlt~l ~ofl ............. 4.2.9, 4.3.5.2, 8.1.1, 8.1.3, 8.2.3, 3.8, 9.9.1, 12.2.1, 12.2.2, 13.7 Sub~taurial Complet ion, De fruition o f .................... 9.8.1 Substitution o f Subcontractors .................... 5.2.3, 5.2.4 Substitution of the Architect. ~ ......................... 4.1.3 Stthstitution$ o f Mat erials ............................ 3.5.1 Sub-subcont factor, Definition o f ...................... 5.1.2 Sttbsur face Conditions ............................... 4.3.6 Sure, sots Ired Assigm ............................ 13.2 Superintendent... ............................. 3.0, 10.2.6 SUp~r4]~lIO~ 8~d CO~tl~ofIO~ Proo~dur~B ...... 1.2.4,3.3, 3.4, 4.2~3, 4.3.4, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 10, 12, 14 Surety ............... 4.4.1,4.4.4,5.4.1.2,910.2,9.10.3,14.2.2 Surety, Consem of ....................... 9.9.1,9.10.2,9.10.3 Surveys ..................................... 2.2.2,3.18.3 Suspension by t~e Owner for Convenience ............. 14.3 Suspension of the Work ............. 4.3.7, 5.4.2, 14.1.1.4, 14.3 Suspension or Termination of the Cont tact ...... 4.3.7,5.4.1.1, 14 Tm(e8 ...................................... 3.3, 7.3.6.4 TMmlrmtlon by the ~ontraofor ........................ 14.1 Te~nlnMIon by the Owner for Cause ............. 5.4.1.1,14.2 Termination of thc Architect .......................... 4.1.3 Termination o f thc Cont tact or ........................ 14.2.2 TERMINATIOH OR SUSPENSION OF THE CONTRACT ...... 14 Te~t~ lind Insp~tlon8 ..... 3.3.3, 4.2.6, 4.2.9, 9.4.2, 12.2.1,13.5 TIME ............................................... 3 Time, Delays =nd ExtenMorm of .............. 4.3.8, 7.2.1,3.3 Time Lilnits, Spcdfic ......... 2.].2, 2.2.1,2.4, 3.10, 3.1 ], 3.15.1, 4.2.1, 4.2.11, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9A0.2, 11.1.3, 11.3.6, 11.3.10, 11.3.11~ 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Time Ll(nlt~ on Clelm$ ......... 4.3.2,4.$.3,4.3.6,4.3.9,4.4,4.5 Tide to Work; ................................ 9.3.2,9.3.3 UNCOVERING AND CORRECTION OF WORK ............. 12 Uncovmtng of Work ................................ 12.1 Unfore~en Conditions ..................... 4.3.6,8.3.1, 10.1 Unit Pric~s .................................. 7.1.4, 7.3.3.2 Use of Documents ................. 1.1.1, 1.3, 2.2.5, 3.12.7, 5.3 U~ of S[t~ .............................. 3.13, 6.1.1,6.2.1 VSIU~, Schedof~ of ............................ 9.2,9.3.1 W~lver of Clldm~: Final Psyment ........... 4.$.5, 4.5.1,9.10.3 Waiver of Claims by the Architect ...................... 13.4.2 Waiver of Claims by the Contractor ......... 9.10.4, 11.3.7, 13.4.2 Walyer of Claims by the Owner .............. 4.3.5,4.5.1,9.9.3, 9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.2 Waiver of Liens ................................... 9.10.2 Waivers of Subrogation ................... 6.1.1, 11.3.5, 11.3.7 Wllrr~y and Warranties ......................... 3.5,4.2.9, 4.3.5.3, 9.3.3, 9.8.2, 9.9.1, 12.2.2, 13.7.1.3 Weather Delays ................................... 4.3.8.2 Whe~ Arbltroflon May Be Demanded .................. 4.5.4 Work, Dcfinltion of ................................. 1.1.3 Written Consent .............. 1.3.1, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.5.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 10.1.3, 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Writ ten InterprctaUo ns ................... 4.2.11, 4.2.12, 4.3.7 WltttM11~O~C~ .... . ....... 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, 4.4.4, 4.5, 5~2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Written Orders .............................. 2.3, 3.9, 4.3.7, 7, 8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 WARNIHG: Unlicensed photocopying violate8 I/8. oopyrlght ~ and is subject to legal prosecution. A201-1987 5 GENERAL CONDITi[ONS OF THE CONTRACT FOR CONSTRUCTION AR~CLE1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1,1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreeruent), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prio~r to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed 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 Docun~ents do not include other documents such as bidding n.-:xluirements (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 'n.lE CONTRACT The Contract Documents forrn the Contract for Construction. Thc Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, rcpresenrations or agrecroents, either written ot oral. The Con- tract may be amended oc modified only by a Modification. The Corltract Documeots shaft not be construed to creare a contrac- tual relationship of any kind (!) between the Architect and Con-. tractor, (2) between thc Owne~ and a Sulx'ontracto~ 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 faciU~ate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means thc 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 fidflll the Contractor's obligations. The Work may constitute the whole or a part of the Project. The Prolect 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 construction by the Owner or by separate contractors. 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, elevations, sections, details, sched- ules and d~grams. 1.1,6 THE SPECIFICATIONS ~- The $/:~ctflcations am that pordon of the Contract Documents consisting of the wfltten requirements for matctiais, equip- ment, construction systems, standards and worknmnship for the Work, and performance of related services. 1.1.7 THE PROdECT MAHUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by thc Owner and Contractor as provided in the ^~.recment. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- 1.2.2 Execution of tile Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become fan~- Jar w/th local conditions under which the Work is to be per- formed and con:elated persoqal observations with require- 1.2.3 The thtent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as ff required by all; perlbrmance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable fix)m them as being necessatT to produce the intended results. 1.2.40eganization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in estshlishing the extem of Work to be performed by any trade. 1.2.$ Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in aceord- anee with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFIOAI~ONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- record set. I'~either the Contractor nor any Subcontractor, Sub- claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unle~ 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, are f~r use solely with respect to this Project. They am not to be used by the Contractor or any Subcontractor, Sub- ects or for additions to this Project ou~ide the scope of the 6 A201-1987 AIA DOC~ A201 "GI/I~!F~AL CONDITIONS OF T~E CONTRACT FOR CO~NSTRUCTION · FOURTEENTH I/DITION AIA® * ~I987THEAMERICANINSTITUTEOFARCI41TECTS, 1735NEWYORKAVENOE, N.W.,WASHINGTON, D.C.20006 WARNING: Unlloensed photocopying vlolate~ U.S, copyright lines and Is sulY/eot to legal prosecution. Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications mid other documents prepared by the Architect appropriate to and for use in thc execution of their Work under the Contract Documents. ~ copies made under this license shall bea~ the statutory' copyright notice, if any, shown on the Drawings, Specifications anti other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved 1.4 CAPITALI~TION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (211 the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Chuses in the document or O) the titles of other documents published by the American Institute of Architects. 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any" and arti- cles such as "the" and "an," but the fact that 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 DEFINmON 2.1,1 The Owner is the person or entity idimtified as such in the Agreement and is referred to throughout the Contract Doom~ents as if singular in number. The term "Owner" me~ns the Owner or the Owner's authorized representarive. 2.1.2 The Owner upon reasonable written request shah furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or erdorce mechanic's lien rights. Such information shall include a correct statement of the record legal tide to the property on which the Project is located, usually referred to as the site, and the Owner's Interest therein at the time of execution of the Agreement and, within five days after any ch:mge, information of such change in tifle, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly fi-om time to time thereafter, f~mish 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 ~Orior to the azecution of the ~t, '~the prospective coneractor would not &e required to execute the Agreement or to commence the Work.] 2.2.2 The Owner shall furnish surveys describifig physical characteristic, s, 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~tiae responsibility of the Contractor under the Contract Documents, the Owner shall secure arid pay for neee. s,.mry approvals, ~tsements, assess- ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in 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 in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documerlrs, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner entmaerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (insurance and Bonds). 2.3 OWNF. R'8 RIGHT TO STOP THE WORK 2.3.1 if thc ¢ont;actor fails to correct Work which is not in accordance with the requirements of the Contract Documents as reqnlred by Paragraph 12.2 or persistently falls to carryout Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent speCifically ~o empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, tile 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 ex-tent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Comractor defaults or neglects to carry out the Work in accordance with the Contract DOcuments and fails within a seven-day period after receipt of written notice from the Owner to commence and continue corre~iort of such default or negiec~t with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven<lay 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 prejudice 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 n~cessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to pdor approval of the Archi- tect. If payments then or thereafxer due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 3.1 CONTRACTOR DEFINrrioN 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 ff singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. WARNING: Unllcermed photocopying v~olate~ LL$, ~p~lgM ~ and Itt .utiJeet to I~al pro~eeut~n. A201-1987 7 3.2 REVIEW OF COHTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare,the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omissint~t in the Comract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefxflly compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to thc Architect at once. 3.2.$ The Contractor shafi perform the Work in accordance with the Contract Documents and submittals approved pur~ suant to Paragraph 3.12. 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. 'The Contractor shah be solely responsible for and have control ozeer construc- tion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. $.3.2 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 th¢.~ Contractor. 3.3.3 ~The Contractor shall not be relieved of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract. or by tests, ia'~PCctions or approvals required or performed by persons other than the Contractoc. $.$.4 The Contractor shall be responsible for insl~ection of por- tions of Work already performed under this Cootract to deter- mine that such portions are in proper condition ro 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- merit, tools, construction equipment and machinery, water, heat, utilities, transportation, and other hcilities and services n~ for proper execution and Completion of the Work, whether temporary or permanent and whether oar not incorpo- rated or to be incorporated in the Work. $.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor sl~l not permit employment of unfit persons or persons not skilled in .tasks as,signed 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, Thc Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insnlTlelent maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXI~ 3.6.1 The Contractor shall pay sales; cormumer, use and similar taxes for the Work or portions thereof 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 NOTK~S 3.7.1 Unless otherwise provided ha 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 customarily secured after execution of the Contract and which are legally required when bids are received or nego- tiations concluded. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, roles, regulations and lawful orders of public authorities bearing on perfornmnce of the Work. 3.7.3 It is not the Contyactor's responsibility to ascertain that thc Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and niles and regula- tions. However, ff the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in wdting, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Cont~ctor shall assume full responsil~flity for such Work and shall bear the attributable costs. 3,8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. lten~ covered by allowances shall be supplied for such amounts and by such persons or entitie~ as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objocdon. 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance 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 trade discounts; 8 A201-1987 WARNING: Unll~en.ed photocopying vlolate~ U.S. copydght laws and Is pJdect to legal .3 Contractor's costs for unloading and handling at the site, labor, installation costs, owexhead, profit and other expenses contemplated for stated allowance amounts shall be included 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 allowances under Clause 3.8.2.2 :md (2) changes in Co]~tractor's costs under Clause 3.8.2.3. 3.9 SUPERINTEHD~' 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 Wnt'k. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as ffgiven to the Con- tractor. Important communications shall be confirmed in writ- Lng. Other comm~'cations shall be similarly confirmed on written request in each case. 3.10.1 The Co~atractor, 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, Mmfi 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 practL cable execution of the Work. 3;10.2 The Contractor shall prepare end keep current, for the Architect's approval, a schedule of submittal~ which is coordL rated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.11}.3 The Contractor shall conform to the most recent schedules. 3.11 DOK~MEICT8 ,~qO S~IPLE8 AT 'rl.~ SffE 3.11.1 The Contractor shall maintain at the $.ite for the Owner one record copy of the Drawings, Specifications, addenda, (~hange Orde~ and other Modifications, in good order and marked Currently to record changes and selections made during construction, and in addition approved Shop. Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHO~ ORAWINO$, PROOU~' nATA AND $AMPt.~ 3.12,1 Shop Drawings are drawings, diagsams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor Sub-subcontractor, manufacturer supplier or disttibutor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedule~, per- formance charts, instructions, brochures, diagrams and other information furnished by the Contractor to lilnstrate materials or equipment for some portion of the Work. 3,11[.3Samples are physical examples 'which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.'12.4 Shop Drawings, Product Data, Sampli~ and similar sub- mittals are not Contract Documents. The purpose of their sub- mitt,al 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. 3.11[.8 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submRtals 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. 3,11[.8 The Contractor shall perform no portion of the Work requiring submiytal 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. 3.11[.? By approving and submitting Shop Drawings, 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. 3.12.8 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 Data, Samples or similar submittals by the Archi- tect's approval thereo£ 3.12.!} 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 Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.11[.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be enthled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shafi be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14,~ 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 such construction by the DOCUMENT A201 * GENEEAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * 'FOURTEENTH EDITION e * ©I987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W.,WASHINGTON, D.C. 20006 A201-1987 9 WARNING: Unllcenaed photocopying vlolat~ U.S. cowdght laWS and Is auble~t to legM prosecution. Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shaft not be unreasonably withheld. The Contractor shall not unrea- sot~ably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise a][tering the Work. 3.15 Ct. EANING UP 3.15.1 The Contractor shall keep the premises and surround- tn'g area free from accumulation of waste materials or rubbish caused b~ operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's toois, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to dean up as provided in 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 MiD PATEHTS 3.17.1 The Contractor shall pay ali royalties and license fees. Thc Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from.loss on account the~of, but shall not be responsible for such defense or loss when a particular dusign, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be: responsible for soch loss unless such information is promptly furnished to the Architect. 3.18 INDEMHIFICATION 3.18.1 To the fullest extent permitted by law, the Contractc~r 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 exl~enses, indud- lng but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction 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 directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or e~apense 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 indenmifled under this Paragraph 3.18 by an employee of th(: Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose ac¢~ 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.$ The obligations of the Contractor under i~his 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 GONTRAGT 4.1 ARCHITECT 4.1.1 The 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 if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 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 shah appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shah be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be sub[c-ct to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (I) tiuting 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 will 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 Documents, unless otherwi.se modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress anti quality of the completed Work anti to determine in genera ff 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 inspections to check quality or quantity of the Work. On the basis of un- site observations as an architect, the Architect wif keep the Owner informed of progress of the Work, and wi]] endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techraque$, sequences or procedures, or for safety precautions and programs tq connection with the Work, since these are solely the Contractor'; responsibility as provided in Paragraph 3.3. The Architect wi]] not be responsible for the Contractor's failure to carry' out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 GENERAL CONDITIONS OF THE CONTEACT FOR CONSTRUCTION * FOURTI~WrH EDITION © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENLrE, N.W., WASHINGTON, D.C. 20006 WARNING: Un#cen~ed p~o~/Ing vfol~t~ LLS. cop,~ght Imam mm:l le m~'t to legal pmeeoutlon, tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communicatkms Facilitating Contract AdmlnlMra. lion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.$ Based on the Architect's observatior~s 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.ti The Architect will have authority to reject Work which Architect considers it necessary or advisallie for lmplementa- have authority to require additional inspection or testing of the Work in accordance with Subparzg~phs 13.5.2 and 13.5.3, whether or not such Work is fabricated, insl~lled or completed. However, neither this authority of the Architect nor a decision authority shall give rise to a duty or responMbility of the Archi- suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4,2.? The Architect will review and approve or take other Shop Drawings, Product Data and Sampleg, but offly for the limited purpose of checking for conformance with information able prompmess as to cause no delay in the Work or iff the while allowing sufficient time in the Architect's professional judgment to perrait adequate review. Review of such submittals is not conducted for the purpose 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 requirod by the Contract tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's i~view shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any constnsction means, approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4,2,3 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 ln~pectiorul to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to tile Owner fur the 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 Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one ot more project representativeS to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project repres~mtatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Doam~ents. 4.2.11 The Architect will interpret and decide matters 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 reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations requited of the Architect shall be fur- nished in compliance with this paragraph 4.2, then dehy shall not be recognized on account of failure by the Architect to fur- nish 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 form of drawings. When 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 decisions on matters renting to aesthetic effect will be ~ if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the l:r, ufles 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 iff ques- tion between the Owner and Contractor arising out of or reht- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Decisk~ of ArchItecL 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 deal- 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, i~gardiess of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has b~en com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to athitration or litigation in the event (1) the position of Archftect 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 after 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. 4.8.8 l'{~e Uml~ on C{alms. Claims by either party must 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 Claim, 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. WARNING: Unli~lsed ph~lng violates U.S. copyright laws and Is ~ect to legal pmeecutlon. A201-1987 11 4.3,4 Continuing Contract Perfoflnaflce. Pending flrml reso- lution of a Claim including arbitration, unless otherwise agreed in wrl~g the ContractOr shall proceed diligently with perfor- mance of the Contract and the Owner sh~ cominue to m~ke payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .9 failure of the Work to comply with the requirements of the Contract Documents; or .$ terms of special warranties required by the Contract Documents. 4.$.6 Claims for Concealed or Unknown Condltiorm. If con- ditlons are encountered at the site which are (1) subsurface or otherwise concealed pbysicai conditions which differ mated- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer marerially from those ordinarily found to e~:t and generally recognized as inherent in construction activities of the character provided for in the Contract Docomcnts, then notice by the observing party shall be given to the other party promptly' before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tcct will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, perfomaance of any part of the Work, will reconunend an equitable adjnstment in the Contract Stun or Contract Time, or both. If the Architect derermines that the conditions at the site are not materially different from those indicated in the Contract Docun~ents and that nc. change in the teems of the Contract is justified, the Architect shall so notify the Owner and ConLractor in writing, stating the reasons. Claims by either party in opposition to such determinatioo* must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjusunent in the Contract Sum or Contract Time, the adjustment shall bc referred to the Architect for initial deter- minatlon, subject to futther proceedings pursuant to Paragraph 4.4. 4.3.7 Claim for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims rclatin.g to an emergency cndan,gering life or property arising under Para- graph 10.3. If the Contractor Mieves additional cost is involved for reasons including but not limited to (1) a written lnrerpretation from the Architect, (2) an order by the Owner to stop the Work where thc Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) terrc, ination of thc Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall he Pled in accordance with the procedure established herein. 4.3.8 Claims for Addl~orml Time 4.$.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of prohable effect of delay on pr°greYs of the Work. In the case of a continuing delay only one CJaim is nocessary. 4,3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data 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 I~ljury or Dam~lge to Pemofl or Property. If either party to the 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 agents, 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 tea~nable 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 Pled as provided in Subparagraphs 4.3.7 or 4.3.8, 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architd'ct will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (I) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for reiectlon, (4) recommend approval of the Claim by the other paily or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party makin.g the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (I) 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 writitlg 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 chan_ge 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, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBI'fRATION 4.5.1 Controverale~ and Claims Subject to Ad:,;i,,i;on. Any controversy or Claim adsing out of or related to thc Contract, or the breach thereof, shall be setded by arbitration in accor- dance with the Construction Industry Arbittadon Rules of the American Arbitration Assodation, and judgment upon thc award rendered by the arbitrator or arbitrators may bc 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. 12 A201-1987 WARNING: Unlicensed photocopying violates U,S. copyright laws and b sub~ to legal pmmmutlon. 4,5.2 Rula~ and ~ for Arbitration. Claims between the Owner and Contractor not resolved under P~ph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Co:nstruction Industry Arbitration Rule~ of the American Arbitration Association cur- rentiy in effect, unless the patties 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 American Arbitration Association, and a copy shall be filed with the Architect. 4.5.3 Contract Peffonnanoe During Altgtmtion. During arbi- tration proceedings, the Owner and Cont~ractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration M~/Be D~m~ml~l. Demand for arbi~ tration of any Claim may not be made until the earlier of(l) the date on which the Architect has rendered a P, nal written deci- sion on the Claim, (2) the tenth day after tile parties have pre- sented evidence to the Architect or have becn givma reasonable opportunity to do 8% 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 anch decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then faliure to demand arbitration within said 30 days' l~:riod shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after atbitra~on proceedings have been initiated, such decision may be entered as evidence, but shall not supers*Me arbitration pro- cecdings unless the decision is acceptable to all parties concexued. 4.5.4,2 A denlatld for arbitration shall be lm~de within the tLme limirs spedlled In Subparagn~hs 4.5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, and In other cases within a reasonable time af'~er the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proc~ based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Pmagraph 13.7. 4.5.5 Um~t~l~on o~ Conl~:ilk:~t[o~ or Jolnd~r. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or ¢onsnltants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, C~ntractor and any other person or entity sought to be Joined. No arhitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as desctibed in AIMcle 6 and other pel'sons 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 li~cluded as an orig- ioal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity si-mil not constitute consent to arbitration ora dispute not described 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 conffented to by parties to the Agreement shali be specifically enforceable under appli- cable law in any court having jurisdiction thereo£ 4.5.6 Claims -,nd Timely ~ of Claims. ^ 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. V~qlen a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.? Judgm~ti on FII~I Awllrd. The award rendered by the arbitrator or arbitrators shall be Final, and judgment may be entered upon it in accordance with applicable hw in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFIHfflON8 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 ff singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term ~'Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sul>subcootractor 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-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AHD OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to fumish materials or equipment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to repl}r promptiy shall constitute notice of no reason- able objection. 5.2.~' The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.$ If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable obiection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such clmnge and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. A201-1987 13 WAI~IING: Unlicensed photocop~ng violates tLS. ~opyr~ht ~ ~md is ~bJect to I~g.I pm~e~tion. 6.3 SUBCOHTRACTUAL RELATIONS 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 hound to the Contractor by terms of the Contract Doco- menU, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, hy these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under tile Contract Documents with respect to the Work to be performed by the Subcontractor so · that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided orbed'wise in the subcontract agreement, the: ben&lit df all rights, remedies and redress against the Conlx, actor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreeruents 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 Suhcomractor will be bound, and, upon writteo request of the Subcontractor, identify to the Subcontractor t~xns and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subo3ntractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subo)ntractors. $.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provi,4ed that: .1 assigument is effective only after ter~tinatioo of the Contract bY the Owner for cause pmsuant to para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 6.4.'~ If the Work has been suspended for more than 30 days, the Subcontractor's compen~atinn shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.i OWNER'S R/GHT TO PERFORM CONSTRUCTION AND TO AWARD ~EPARATE COHTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner',,; own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor clalrns that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- rions of the Project or other construction or operations on the she, the term "Contractor" in the Contract Doctlments in each case shall~mean the Contractor who executes each separate Owner-Contractor A4greeraent. 6.1.$ The Owner shall provide for Coordination of the activi- ties of the Owner's own forces and of etch separate contractor with the Work of the Colltractor, who shall cooperate with them. The Contractor shall participate with other separate con. tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessa~ 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 Cootract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, 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 Lq Article 3~ this Article 6 and Articles 10, 11 atKl 12. 6.2.1 The Contractor shall 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- strt~ction and operations with theirs as required by the Contract Documents. 6.2.2 If pact of the Contractor's Work depends for proper execution or results upon constn]ction or operations by the Owner or a separate contractor, the COntractor shall, 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 tmsuitable for such proper execution and resdits2 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 Contracgor 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 Subparagraph 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 OWNER'S RIGHT TO CLEAN 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- lng area ~ fi.om waste materials and rubbish as described in paragraph 3.15, ~he Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201-1987 A[A DO~ A~01 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ©1987 THE AMERICSd~IINSTITUTEOFARCH1TECTS. 1735 flEW YORKAVENUE, N.W. WASHINGTON, D.C. 20006 WARNING: Unlicensed photooopylng violates U.S. oopyrlght laws and Is .ul:~4~ct to k~ga/pm~ecut;on. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7,1.1 Changes inthe Work may be accomplished after execu- tion of th& 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. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Constru~tlon 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. 7.1.3 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. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- ternplared 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. CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contructor and Architect, stating their agreernent upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the ConLract Time, if any. 7.:~.2 M~qo~ used in determining adiuslments to the Contract Sum may include those ~red in Subparagraph 7.3 7.3 ¢ON$TRUCrrlON C~IAN~E 7.:L1 A Const~uctton Change Directive is a written order pre- p~ed by the A~chkect and signed by the Owner and ~'chitect, directin$ a change in the Work and s~Ung a proposed ~ for adjustment, if any, in the Contract Sum or Contract T~me, or both. The Owner may by Construction Change D~ective, without invalidating the Contntct, order changes in the Work within the general ~copo of the Contract consisting of addL tinny, deletions or other revBions, the Contract Sum ~qd Con- tract TL~e being adiu~ted accon:lingly. 7.3.2 A Construction Change Dir~Jve shall be u~d in thc absence of total agreement on the ~ecm~ of a Change Order~ 7.3.$ ff the Constroctinn Change Dh"~ti~c provides fur an adinstme~t to the Contract Sum, the adiusm~ent shall be ba~d on one of the [ollowing methods: .1 mutual accept~ee o~ a lump sum properly iteimz~ and supported by su ffi¢i~nt sub~tantL~ting data to per- .~ uuit prices stated in the Contract [k~cuments or sub- sequendy a~d upon; .3 cost to be determined in a manner ~greed 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. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the ag~ement of the ContraCtor therewith, includ- in-g 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 thc adjustment Shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work a~tributable to the cfiange, 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 supporring data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unea~nployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or .3 rontal costs of roachinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional c~;ts of supol'vislon and field office person- nel directly attributable to the change. 7.3.? Pending Iinal 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- Fro'ned by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.$.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determiialng it, the adjustment or the meth6d shall be referred to the Architect for determination. '/.3.9 When the Owner and Contractor agree with the deter- ruination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. WARNING: Unllcermed phot~ng vlolate~ U.S. copyright laws and Is ~ubJect to legal prosecution. A201-1987 15 7.4 MINOR CflAKGF~ IN THE WORK 7.4.1 The Architect will have authority to order minor changes tn the Work not 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 bindiol;j on the Owner and Contractor, The Contractor shall carry out such written orders promptly, ARTIGLE 8 TIME 8.1 DEFINITIONS 8.1,1 Unless otherwise provided, Commct 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 PROGRESS ~ COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. BY executing the Agreement the Con- tractor rout-tins that the Contract Time is a re~sormhl~ 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 com- mence operations on the site or elsewhere prior I:o the effective dine of insurance ~lulred by Article 11 to be f~-tmished by the Contmetor. 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 Contmctur shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely fil~ of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expedMous]¥ with ade- quare forc~ and shall achieve Substantial Completion within 8.13 DELAYS AHD EXTEHSK)NS OF ?IME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an · employee of either, or of a ~'parate coutractor employed by the Owner, or by changes ordered in the Wo~, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or lay delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may )nstffy 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 a¢o~rdanee with applicable provisions of Paragraph 4.3. 8.3.:3 This paragraph 8.3 does not preclude rec~)very 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 the first 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 sup- ported by such data to substantiate its accuracy 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 Payment. 9.3 APPLICATIONS FOR PAYMEHT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, ff 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 suplSliers, and reflecting retatnage if provided for elsewhere in the Contract Documents. S.$.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. 8.:$.1.2 Such applications may not include requests for pay- ment of amotmts the Contractor does not intend to pay to a Subcontractor or material supplier because ora dispute or other reason. 9.3t2 Unless otherwise provided in the Contract Docullqents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the wink. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored Off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon c~:)mpliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 8.$.$ The Contractor warrants that title to all Work covered by an Application for Payment 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, he 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 Work. 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 WARNING: Unll~msed p~otocopylng v~olates LLS. cop~ght ~ and is s*ub~ect to ~ pmeeoutJon. Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount as the Architect demrmines 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 of a Certificate for P, ayment will constitute a representation by the Architect to the Owner, based on the Architect's observations 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 deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is 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 (1) made exhaustive or continuous on-sim inspection~ to check the quality or quantity of the Work, (2) reviewed construction means, methods, rechntques, sequences or procedure*, (3) reviewed copies of requisitions received firom Subcontractors and material suppliers and other data requ{~ted by the Owner to substantiate the Contractor's tight to payment or (4) made emuntnation to ascertain how or for what purpose the Contrac- tor has used money previously paid on accoum of the Contract Stun. 9.5 DECISIONS TO WITHHOLD CERTIFK~ATION 9.5.1 The Architect may deride not to certify paymem and may withhold a Certificate for Payment in whole or in part, to the extent ~sonably necessary to protect the Owner, if in the Architect's opinion the representations to tbe 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 cannot agree on a revised amount, 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 subseqnem observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may I;e necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party 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; .5 reasonable evidence that the Work will not be com- pleted within the Contract Time, mad that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticl!~ted delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 ~aen the above reasons [or 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 f~r Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.5.2 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 payrnents to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in ff~nilar manner. 9.5.5 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. 9.5.4 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 otherwise 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. 9.6.9 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 if the Architect does not issue a Certificam for Payment, through rto fault of the Contractor, within seven days after receipt of thc Contractor's Application for Payment, or if the Owner does not pay thc Contractor within seven days after thc date established in the Contract Documents thc amount cer- tiffed by thc Architect or awarded by arbitration, then thc Con- tractor may, upon seven additional days' written notice to thc Owner and Architect, stop thc Work until payment of thc amount owing has been received. The Contract Time shall be extended appropriately and thc Contract Sum $haU be increased by thc amount of ~hc Contractor's reasonable costs of shut-down, de]ay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is thc stage in thc progress of thc Work when thc Work or designated portion thcreo~ is suffi- ciendy complcm in accordance with thc Contract Documents so thc Owner can occupy or utilize thc Work for its intended use. 9.8.2 When thc Contractor considers that thc Work, or a por- tion thereof which thc Owner agrees to accept separately, is substantially complcm, thc Contractor shall prepare and submit to thc Architect a comprebcnsJ¥c list o~ items to be complemd or corrected. Thc Contractor shali proceed promptly to com- plcm and correct imms on the list. Failure to ineludc an imm on such list does not alter thc responsibility of thc Contractor to comp]cra all Work in accordance with thc Contract Docu- ments: Upon receipt of thc Contractor's ]is~, thc Architec~ will make an inspection to demrminc whether thc Work or desig- AIA DO(ItI~IENT A201 * GENI~RAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH ~DITION AIA® · ©1987 THEAMERICANINST1TUTEOFARCHITECTS, 1735NEWYORKAVENLIE, N.W, WASHINGTON, D.C. 20006 A201-1987 17 hated pOrtion the~of is substantially complete. If the Architect's inspection discloses any item, whether or not included on thc Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to detem~ine Substantial Completion. When the Work or designated pc,rtion thereof is substantially complete, the Architect will prepase a Certificate of Substantial Completion which shall establish the date of Sub- stantlal Completion, shall establish responsibilities of the Owner and Contractor for security, mal~tenancc, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall t~ish all iterus on the list accompanying the Certificate. Wasranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor ilar their written accep- tance of responsibilities assigned to them in such Certificate. 9.9.$ Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall rnake payment, reflecting adjustment in retaimage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- dally completed pOrtion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and authorized by public authorities havin~ jurisdiction ove~ the Work. such partial occupancy or use may commence wh~ther or not the portion is substantially complete, provided the: Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, malntertance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the l:eriod for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor tG~ partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is leached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy? or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be use(! in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, ~ occupancy or use of a portion or portions of the Work shall not constitute aceep- lance of Work not complying with the requirements of the 9.10 RNAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of writteu notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fnlfllied. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, tothg extent and in such form as may be designated by the Owner. Ifa Subcon- tractor refuses to fitrnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indenmifT the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, inducting aH costs and reasonable attorneys' fees. 9. t0.3 If, after Substantial Completion of the Work, final com- pletion theycof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that pOrtion of the Work fully completed and accepted. If the rernalnifig baJance for Work not fiJlly com- pleted or corrected is less than retalnage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work folly completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shah be made under terms and ennditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment hy the Contractor, a Sub- contractor or material supplier shah constitute a waiver of claims by that payee except those previously made in writing and identified hy that payee as unsettled at the tirne of final Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5. 18 A201-1987 ~ DO~OM~NT A20! · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ,, FOUR~ EDITION AIA® · ©I987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W., WASHinGTON, D.C. 20006 WARNING: Unll~enm~d photocopying violate~ U.8. ~ ~ and I$ ~ubject to legal IXO~ecutlon. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1,1 The Contractor shall be responsible for initiating, main- raining and supervising all safety preeautio~as and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos os polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if th fact the material is asbestos or polychlorina~Ied biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychloti- nated biphenyl (PCB), or when it has been !rendered harmless; by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by hw, the Owner shall indenu~ and hold harmless the Contractor, Architect, Al-chi- feet's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys~ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or poiychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injnty, sickness, disease or death, or to injury to or destruction of tangible property (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 Owner, anyone directly or indirectly employed by the Owner or anyoue for whose acts the Owner may be liable, regardless of wbether or not such elaine, dal/lage, loss or expense is eaust.~d kl part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other r~hts or obligations of indemnity which would otherwise exist as to a party or person described In this Subparagraph 10.1.4. *~0.2 SAFETY OF PERSONS AND PFIOI:~.RTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or Off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontrac- tors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavefnents, roadways, structures and u~lities not designated Ibr removal, relo- cation or rephce~ent in the coutse of construction. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able .safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10,2.4 When nse or storage of explosives or other hazardous materials or equipment or unnsual metbods are necessacy for execution of tile Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.0 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to In Clauses 10.2.1 ~2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for whieh the Comractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or Indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. Tho foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise des'~gnated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, Injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business In the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below wl~ich may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other g]mliar employee benefit acts which are applicable to the Work to be performed; AIA DOCUMENT ~01 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ©I987THEAMEEICANiNSTITUTEOFARCHITECTS, 17~SNL~YORKAVENUE, N.W. WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying vfolate~ U.S. copyright I~ mid Is m~bJect to legal prosecution. A201-1987 19 .~' claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .$ 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 person; .8 claims for damages, other than tO tile Work itself, because of injury to Or destruction of tangible prop- erty, includin~ 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 use of a motor ,~ehicle; and .? claims involving contractual liability J~7.surance appLi- cable to the Contractor's obligations trader Paragraph 3.18. 11.1.2 The insurance required by Subparagraph I 1.1.1 shall be written 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 final payment and termination of any coverage required to be main- rained after final payment, 11.1.$ Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencemertt 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 not be eancelleri or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoin~ insurance coverages are required to remain in force alter final payment ~utd are reason- 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 accon:Lance with the Contractor's information and belief. 11,2 OWNER'S UABIUTY INSURANCE 11.~'.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability iosuram:e. Optionally, the Owner may purchase anri 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 malntaJnLqg this optional Owner's liability insurance unless specifically required by the Contract 11.3 PROPERTY INSURANCE 11.3.1 Uulc.~ otherwise provided, the ©~ner sh3J] purci-~ ~nd m3~ntaJn, in a comfy or comp~r]ies iawfi~liy author, ed to do bus,ness in the jurisdiction in which the ?roJect is located, property insurance in the amount of the initial Con- tract Sum as well as subsequent modilieatlons thereto for the entire Work at the site on a replacement cost basis without vol- untary deductibles. Such property insurance shall be main- rained, unless otherwise provided in the Contra,~ Documents or otherwise agreed in writing by all persons ami entities who are beneficiaries of such insurance, until final payment has been made as provided in paragaph 9. I0 or until nO person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is earlier. This ipsurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work. 11;3.1.1 Property insurance shat[ be on an all-risk p~licy form and shall insure against the perils 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 unless otherwise provided in the Contract Documents. 1~ .8.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described 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 Work, 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. 1~.8.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shaH 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 insurance with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductJbles. If deductibles are not identified in the Contract Documents, the Owner shah pay costs not covered because of deductibles. 11.~.1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall cover portions of the Work 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.a.2 Boiler .INld Machfu~y Ilt$urltnoe. The Owner shall purchase and maintain boiler and machinery insurance required by the contract Documents or by law, which shall apecificaHy cover such insured objects during installation and until final acceptance by the Owner; this insur~ce shall include interests of the Owner, Contractor, Subcontractors and Sub- subcontractors in the Work, and the Owner and contractor shall be n~ed insurecis. 11.8.$ lOSS of Use IRSOrance. 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 los~ of of the Owner's property, including consequential losses due to fire or other hazards however caused. 11.$.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special haz- ards be included in the property insurance policy, the Owner shaH, ff possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 20 A201-1987 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDIT1ON · © 1987 THE .~MERIC, AN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N,W.. WASHINGTON. D.C. 20006 WARNING: Unlicensed photocopy~ violate. U.S. copyright ~ ~ b sabject to legal pfoae~ullon. 11.$.5 If during the Project construction peniod the Owner tnsure~ properties, real or personal or both, adjoining or adja- cent to the site by.property insurance unden polities separate from those insuring the Project, or ff 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 durl~g the construction period, the Owner shall waive all rights in accordance with the terms of Subpa_vagraph 11.3.7 for damages caused by fire or other perils coven=d by this separate property insurance. All separate policies :;hall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an expnsum 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 and endorsements related to this Project. Each policy shall contain a provisioo that the Folicy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor 11.3.? Wahter~ of Subrogation. The Owner and Contractor waive all ri4~hts against (1) each other and any of their subcon* tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's coosultants, separate contractors desctibed in Article 6, ff any, and any of their sub- contractors, sub-subeontmctors~ agents anti employees, for damages caused by fire or other perils to the extent covered 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 cortsultants, separate contractors described in Artide 6, if any, and the subcontrac- tors, sub-subcontractors, agents and employe~ of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties emlm- elated 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 event 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, ar*d whether or not the person or entity had an insurable interest in the property datruaged. 11.3.8 A loss insured under Ow~aer's property Insurance shall be adjusted by the Owner as fiduciary and made payable to the Owr~r as fiduciary for the inSureds, as their interests may appear, subiect to requirements of any app!.tcable mprtgagee clause and of Subpara40aph I 1.3.10. The Contsactor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agn~ments, 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 ftdudary shall, upon occurrenc¢~ of ma Insured loss, give bond for proper performance of the Owner's dutieS. The cost of required bonds shall be charged against pr~:~eda received as fiduciary. The Owner shall 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 j~l which case the procedure shall be as provided in Pars~raph :~,.5. If after such loss no other special agreement is made, replaeement of dam- aged property shall be covered by appropriate Change Order. 11.3.10 The Owner as fiduciary shall have power to adjust md 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 fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is 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 enmpany or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and tl/e 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 canceliation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds coverin~ falttfful performance of the Con- tract and payment of obl!gations arising thereunder as stipu- lated in bidding requirements or specifically requital in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall prompdy furnish a copy of the bonds or shall permit a copy m be made. ARTICLE 12 UNCOVERING AND cORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Archirect'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 th~ Contract Time. 12.1.2 If a portion of the Work 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 tt fl'hall 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. ffsuch Work is not in acenrdance 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 CO~ClX~ OF WORK 12.2.1 The Contractor shall prompdy correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or aifer Substantial Completion and whether or not fabricated, instaUed or completed. The Contractor shalJ bear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the Architect's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the d.4te WARNING: Unlicensed photocop,/~ vtolato~ U.S. copyr~lht ~ and I~ m~ to legal pro~e~floo. A201-1987 21 for commencement of warranties established under Sub- paxagraph 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 correct it promptly after receipt of written notice from the Owne~ to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work thst performed after Substantial Completion by the period of time between Substan- tial Completion and the act0al performance of the Work. This obligation under this Subl:raragraph 12.2.2 shalll survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such noti~Se promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the rite portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the 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 t~ne fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the contractor do~s not pay co~ts of such removal and storage within ten day~ 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, ;ffter deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby, ff such proc~eds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deflcienqr. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the dtfl~erence to the Owner. 12.2.5 The Contractor shall bear the cost of cor~ting 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. '$2.2.6 Nothing contained in th~ Paragraph 12.2 shall be con- strued to establish a period of limitation with reapect to other obligations which the Contractor might have ut~der the Con- tract Docurnents. Establishment of the time per~<l 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 the 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 apecffieally to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its re,re, oval and cor- rection, in which case the Contract Sum will be i~luced as appropriate and equitable. Such adjustment shall be effected whether or not ~ml payment has been made. ..ARTICLE 13 MISCELLANEOUS pROvISIONS 13,1 GOVERNING LAW 13.1.t The Contract shall be governed by the law of the place where the Project is located/ 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal represents- tires to the other party hereto and to partners, successors, asalgns and legal representatives of such othe? 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 party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shaii be deemed to have been duly served 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 registered or certified mail to the last bnsineas address known to the party giving notice. 13.4 RIGWF8 AND R~EDIE8 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.~' No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a ~ght 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 writing. 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. Llnless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test- ing 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 testin4;, 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 WARNING: U~tllcensed photocopying violates U.S. copyright laws and Is ~ to legal pft~eoutlon. The Owner shall bear such costs except as provided in Sub- paragraph 13.5,3. 13.5.3 ff such procedures for testing, inspe~tion or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with rcquir~a'nents 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 services and expenses, 15.$.4 Required certificates of testing, insp~<tion or approval shall, unless otherwise required by the Comract Documents, 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 Docum{mts, the Architect will do so promptly and, where practicable, at the normal place of testing. 15.5.6 Tests or inspections conducted pursnant to the Con- tract Documents shall be made promptly to weold 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 ti~e to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY UMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Sub~m~al Completion. As to acts or failures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in :my and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Flrml Certifi- cate for Payment. As to acts or faih~es to act occor- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable statute of limitations shall commence to run and any :dleged 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 Certificate for 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 corcmlence to nm and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any 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 Parag~ph 12.2, or the date of actual commission of any o~her act or failure to perform any duty or obligation b,/the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 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 Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having Ju~sdlction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 becansc the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholdin~ 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 ff ~peated suspensions, delays or interruptions by the Owner as described in Parag~ph 14.3 constitute in the aggregate more than 1 O0 percent of the total num- ber of days scheduled for completion, or 120 days in any 365~ay period, whichever is less; or .5 the Owner has failed to furnish to the Comractor 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, tools, and construction equipment and machine~/, lilcluding reasonable overhead, profit and 14.1.8 If the Work is stopped for a period of 60 days through - no act or fault of the Contractor or a Subcontractor or their agents or employees or any ocher persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor- tam 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 terminate the Contract if the Contractor: .1 persistently or repeatedly reft]sea or fails to supply enough 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 perslstentiy disregards laws, ordinances, or rules, reg- ulations or orders of a public authority havi~g juris- diction; of .4 otherwise is guilty of suhstantial breach ora provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Archite3:t that sufficient cause exists to jus- WARNING: Unllcetmed photo~whl~ vlolate~ U.S. copyright ~ and ~ sub)eot to legal A201-1987 23 tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractur and the Contractor's surety, if any, seven days' written fiotice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .$ finish the Work by whatever reasomtble method the Owner may deem expedient. 14.2.$ 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 F~ished. '14.2.4 If the unpaid balance of the Contract Sum e~cceds costs of finishi6g the WorK, including com~tiola for the Archi- tect's services and expenses made l~,ecessary thereby, such exc'e~ shall be paid to the Contractor.~lf 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 app/l- cation, and this obligation for payment shall survive termina- tion of the Contract. l~.a at~$~"sm~ aY'm£ owen FOn ~ 14.3.'1 The Owner may, without cause, order the Contracto~ in writing tO suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of: performance of the Contract, including profit on the increased cost of performance, causo:l by st~spenston, delay or interrup- tion. No adjustment shall be made to the extenf: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.$.$ Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. 24 A201-1987 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 ARTICt. E 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) (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. 1 t.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. Grading & Seeding - Sports Playing Field 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: Grading & Seeding - Sports Playing Field 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 by: (dollars) (Owner/Contracting Agency) and its successors and assigns and administrators, of and from an[/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 (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: Grading & Seeding - Sports Playing Field G-1 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. bo 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 agreementor 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.falls 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 bythe 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. Grading & Seeding - Sports Playing Field J-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, 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 bythe 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). Grading & Seeding - Sports Playing Field J-2 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for Grading & Seedinq - Sports Playin,q Field at STRAWBERRY FIELDS FAIRGROUNDS COUNTY ROUTE48 MATTITUCK, New York 11952 Grading & Seeding - Sports Playing Field L-1 TOHN OF SOUTHOLD JAMES MCMAHON, DIR. OF~P.W. 55095 NAIN ROAD PO BOX 1179 SOUTHOLD NY 11971 NEW YORK STATE DEPARTMENT OF LABOR BUR~J~U OF PUBLIC NORK STATE OF~CE CAMPUS, BLDG, 12 ALBANY, NY 122~0 SCHEDULE 200q Date 05/0q/05 PRO 0505702 ORANGE COUNTY Location and Tyoe of ProSect PROJECT ID #: NONE CLEARING.GRADING AND SEEDING.STRANBERRYFIELDS FAIRGROUNDS. ROUTE q8 SOUTHOLD, NY O1 In response to your request, enclosed is the schedule of the prevailing hourly wage Pates and the prevailing hourly supplements for the above proSect, together with copies of the Notice of Contract Let (PH-16) for your usa, THE SCHEDULE MUST BE ANNEXED TO AND FORM A PART OF THE SPECIFICATIONS FOR THIS PROJECT WHEN IT IS ADVERTISED FOR BIDS. These schedules have been prepared and forwarded in accordance Hith Article 8 of the NYS Labor LeH, Hhich provides that it she1! be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public HoPE proSects~ and ~o file such schedules with the Department having 5urisdict~on. This schedule is effective from July 1, 200q through June $0, ZOO5. All updatea~ corrections end future copzes of the annual determination ape available on the Department's Heb$ite (HHw.laboP.sta~e.nY.us). The attached rates are based on the latest information available to the Department of Labor, Bureau of Public Work. Care should be taken to ravish the Pa~es fop obvious errors. Any corrections should be brought to the Department's attention immediately. It is the responslbility of the public work contractor to uae the proper rate. If there is a question on the proper classification to be used, please call the district office located nearest the proSect. NOTICE TO CONTRACTING AGENCIES: Upon cancellation or completion o~ this pPoSect, enter the necessary ~nformation and return this page to: Ne~ York State Departmen~ of Labor Bureau of Public Hork State Office Campus, Bldg. 12 Albany, NY 122q0 PROJECT HAS BEEN COHPLETED/CANCELLED= Date S~gnature Title Fop additional information, contact our local District Offices~ Albany (518) ~57-27fifi Syracuse ($15) q28-q056 Btnahamton (607) 721-8005 Rochester (716) 258-fi505 Buffalo (716) 8fi7-7159 Utica ($15) 795-251q Garden City (516) 228-5915 White Plains (914) 997-9507 New York City (212) I52-6088 PH-200 (6-03) STATE OF NEW YORK DEPARTMENTOFLABOR 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 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 ~oUblic work project. This schedule may be obtained by completing and forwarding the. Request r 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 ~art of the public work contract. Upon the signing of the contract, the Department of urisdiction MUST adviSe the Bureau of Public Work on a form supplied ,b.y 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 O 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. a.n.y payment due the prime co.n. tractor 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 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 Room 130, Building 12 Hawiman State Office Building Campus Albany, New York 12240 IMI'ORTANT NOTICE REGARDING PREVAILING RATE UPDATES The Depa~ent 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~ny.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 req~ent that contractors obtain affidavits from the subcontractors that such schedules have been provided is also in effect. In the event that you do not have web access or are unable to acoes~ the Dep~uhuent'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 Dep~ulment to provide this important information on a timelier basis and make the information contained in.it more widely available, ff you have any questions about thi.~ change, please contact the Buresu of Public Work at (518) 457-5589. 06/01/03 Telephone (518) 45%5589 nysdol(~ebor:st~e.ny~us: Fax (518) 485-1~70 '~'' · 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 pubric 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 morales 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 Opportunit~ 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): Grading & Seeding - Sports Playing Field M-t 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Non.segragated 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 penal .ty 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) (2) (3) (4) (s) (6) 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 nondis~rimination clause. 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. 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. 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.. 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. 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, t965, and such other sanctions may be imposed and remedies Invoked as provided in Executive Order No. 11246 of September 24, 1966, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Grading & Seeding - Sports Playing Field M-2 (?) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontraot 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-t2.805.4 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. Grading & Seeding - Sports Playing Field M-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 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 20t 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, 11 t 14, 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. Grading & Seeding - Sports Playing Field M-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 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- 1/2 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 ~s 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. Grading & Seeding - Sports Playing Field M-5 Each contract of an amount in excess of $ 2,$00 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 requlrementa 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 Invesflgatad. Grading & Seeding - Sports Playing Field M-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 hlrad 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 thera may be deducted from the amount payable to 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; Grading & Seeding - Sports Playing Field M-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 matarials, 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 requlrad 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 appllcanta 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. Grading & Seeding - Sports Playing Field M-8 DIVISION TWO - SITEWORK All work in this Division shall comply with all particulars of the General Conditions, Supplementary General conditions and the General requirements of these specifications. Section 2100 - SITE PREPARATION Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all site preparation work. Limits of work under this contract shall include the entire site. B. Related Work Specified Elsewhere: 1. SITE CLEARING - 2230 2. EARTHWORK - 2300 3. LAWNS & GRASSES - 2920 Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3o01 PROTECTION OF PROJECT CONDITIONS: A. Traffic: Minimize interference with adjoining Streets, roads, adjacent property and other works to remain during site clearing operations. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from the Town of Southold.. B. Utility Locator Service: Notify utility mark out service prior to commencement of site clearing. C. Do not commence site clearing operations until temporary erosion and sedimentation control measures are in place. 3.02 DISPOSAL: A. All Brush, Trees, Stumps and vegetation debris generated from Site Clearing activities shall be stockpiled in an approved location on site as designated by the Town. This material shall be removed by Town of Southold Personnel at no cost to the Contractor. B. Burning of material on the site will not be permitted. C. Removal of construction Debris: 1. Material to be removed shall be removed from the site daily as it accumulates. 2. Should the Contractor elect to continue work beyond normal working hours, material to be removed shall not be allowed to accumulate for more than 48 hours. END OF SECTION Grading & Seeding - Sports Playing Field 2100-1 Section 2230 - SITE CLEARING Part I - GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division I Specifications, apply to this Section. 1.02 SUMMARY: A. This section includes the following: 1. Temporary erosion and sedimentation control measures. B. Related Work Specified Elsewhere: 1. SITE PREPARATION - 2100 2. EARTHWORK 2300 3. LAWNS & GRASSES - 2920 1.03 DEFINITIONS: A. Topsoil: Natural or cultivated surface-soil layer containing organic matter and sand, silt, and clay particles; fdable, pervious, and black or a darker shade of brown, than underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects more than two inches in diameter; and free of sub-soil and weeds, roots, toxic materials, or other non-soil materials. B. Tree Protection Zone: Area Surrounding adjacent woodland on the northerly side of the proposed field as indicated by "limits of clearing" as indicated on the drawings. Clearing limits will be designated by the Town of Southold and flagged by the Contractor prior to construction. 1.04 MATERIAL OWNERSHIP: A. All Topsoil and satisfactory sub-soil generated by construction activity shall remain the property of the Town of Southold. B. Satisfactory sub-soil generated shall be used as fill for grading to achieve the final design elevations of the proposed playing field. C. Satisfactory sub-soil generated in excess of required fill shall be transported by the Contractor to a designated Town site within the immediate area of the project location. 1.05 QUALITY ASSURANCE: A. Preconstruction Conference: The Contractor shall be responsible for scheduling a preconstruction conference at the Project Site. Part 2 - PRODUCTS 2.01 SOIL MATERIALS A. Satisfactory Soil Materials: Requirements for satisfactory soil materials are specified in section 2300 "EARTHWORK". Contractor shall obtain approval for all borrow materials that may be required when and if unsuitable subsoil conditions are encountered. Grading & Seeding - Sports Playing Field 2230-t Part 3 - EXECUTION 3.01 PREPARATION: A. Protect and maintain benchmarks and survey control points from disturbance during construction. TheTown of Southold shallestablish two benchmark control points (A 0+00 & A 6+50) as shown on the drawings. Survey work, if needed or as required, shall be the responsibility of the Contractor. B. The Contractor shall be responsible for coordinating the Flagging of the Clearing Limits with the Town of Southold prior to construction. C. The Contractor shall protect all existing fields, access roads and site improvements 1~o remain from damage during construction. 1. The Contractor shall be responsible for restoration of all site damage to its original condition or as acceptable to the Town. 3.02 TEMPORARY EROSION AND SEDIMANTATION CONTROL: A. Provide temporary erosion and sedimentation control measures to prevent soil erosion and discharge of soil-bearing water runoff or airborne dust to adjacent woodlands, properties, walkways and roads in accordance with EPA Phase II Storm-water Regulations. B. Inspect, Repair, and maintain erosion and sedimentation control measures during construction until permanent vegetation has been established. C. Contractor shall be responsible for the removal of erosion and sedimentation controls and shall restore and stabilize all areas disturbed during removal. 3.03 CLEARING AND GRUBBING: A. Remove all obstructions, trees, shrubs, grass and other vegetation within the limits of clearing as shown on the Site Grading Plan. B. All stumps, trees, brush and related vegetative debris shall be shaken free of soil and stockpiled in a designated area as selected bythe Town of Southold. C. Remove and strip all topsoil, eight to ten (8"/10") inches in depth, from the proposed field and stockpile in an approved location for reuse. 3.04 DISPOSAL: A. Remove all surplus soil materials, unsuitable topsoil, obstructions, demolished materials, and waste materials, including trash and debris, and legally dispose of them off Owner's property. B. All stumps, trees, brush and related vegetative debris generated by the Clearing & Grubbing operation shall be removed from the designated stockpile area by the Town. END OF SECTION Grading & Seeding - Sports Playing Field 2230-2 Section 2300 - EARTHWORK Part I - GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specifications, apply to this Section. 1.02 SUMMARY: A. This section includes the following: 1. Preparation of sub-grades for lawns and sports playing fields. B. Related Work Specified Elsewhere: 1. SITE PREPARATION - 2100 2. SITE CLEARING 2230 3. LAWNS & GRASSES - 2920 1.03 DEFINITIONS: A. Grading Materials: Sub-soil materials encountered below existing topsoil layer consisting of loam, sand and gravel. B. Excavation: Grading of materials encountered above sub-grade elevations of new sports playing fields. 1. Unauthorized Excavation: Excavation below sub-grade elevations or beyond indicated dimensions without direction by the Architect. Unauthorized excavation, as well as remedial work directed by the Architect, shall be without additional compensation. C. Borrow: Satisfactory soil imported from off-site for use as fill or grading material. D. Fill: Soil materials used to raise existing grades. E. Sub-grade: Surface or elevation remaining after completing excavation, or top surface of a fill immediately below topsoil materials. 1.04 QUALITY ASSURANCE: A. Geotechnical Testing Agency Qualifications: An independent testing agency qualified according to ASTME 329 to conduct soils material tests and verification of soil compaction rates. B. Pre-excavation Conference: Conduct a Project Site conference prior to commencement of work. 1.05 PROJECT CONDITIONS: A. Existing Utilities: It is assumed by the Town of Southold that utilities do not exist in the immediate area of the work. The Contractor shall be responsible for verification of same. B. Existing Roads and Site Access: Access roadways within the property limits are considered stable. The Contractor shall be responsible for maintenanCe of these roads and all restoration work required or made necessary by construction activities shall be the responsibility of the Contractor. Grading & Seeding - Sports Playing Field 2300-1 Part 2 - PRODUCTS 2.01 SOIL MATERIALS A. General: Provide borrow soil materials when sufficient satisfactory soil materials are not available from excavations. B. Excess Soil Materials: When sub-grade elevations have been established to meet the minimum design requirements and with the approval of the Town of Southold, all excess fill materials shall be the property of the Town of Southold and shall be removed by the Contractor to an adjacent Town Site at the Contractors expense. C. Satisfactory Soils: ASTM D 2487 soil classification groups GW, GP, GM, SW, SP, and SM, or a combination of these group symbols; free of rock or gravel larger than 3 inches in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter. D. Unsatisfactory Soils: ASTM D 2487 soil classification groups GC, SC, ML, MH, CL, CH, OL, OH, and PT, or any combination of these group symbols. I. Unsatisfactory soils also include satisfactory soils not maintained within two (2%) percent of optimum moisture content at the time of compaction. E. Fill: Satisfactory soil materials. Part 3 - EXECUTION 3.01 PREPARATION: A. Protect structures, roads, adjacent playing fields, trees and other items from damage caused by construction activities 8, earthwork operations. B. Protect sub-grades and fill material against freezing temperatures or frost. Provide protective insulating materials as necessary. C. Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil bearing water run-off or airborne dust to adjacent properties. Erosion control measures shall meet the minimum requirements of EPA Phase II Storm-water Pollutant Regulations. 3.02 EXCAVATION, GENERAL: A. Unclassified Excavation: Excavation to sub-grade elevations regardless of the character of surface and sub-surface conditions encountered, including rock, soil materials and obstructions. 1. If excavated materials intended for Fill include unsatisfactory soil materials and rock, replace with satisfactory soil materials. 3.03 STORAGE OF SOIL MATERIALS: A. Stockpile Topsoil and satisfactory excavated soil materials without intermixing. Place, grade and shape stockpiles to drain surface water. Cover to prevent wind blown dust. 1. Stockpile soil materials in an approved location as designated by the Town of Southold. Grading & Seeding - Sports Playing Field 2300-2 3.04 Fill A. Preparation: Remove vegetation, topsoil, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface before placing fills. B. Plow, scarify, bench, or break up sloped surfaces steeper than one vertical to four horizontal so fill material will bond with existing material. C. Place satisfactory soil materials as required in maximum lifts of eight inches in thickness. 3.05 APPROVALOF SUB-GRADE: A. Notify Architect when excavations have reached required sub-grade. B. If Architect determines that unsatisfactory soil is present, continue excavation and replace with compacted backfill or fill material as directed. C. Proof roll sub-grade with heavy pneumatic-tired equipment to identify soft pockets and areas of excess yielding. Do not proof roll wet or saturated Sub-grades. D. Reconstruct sub-grades damaged by freezing temperatures,frost, rain, accumulated water, or construction activities, as directed by the Architect. E. Side slope grades at the North Easterly perimeter of the new sports playing field shall not exceed slopes that are steeper than one vertical to four horizontal. 3.06 MOISTURE CONTROL.: A. Uniformly moisten or aerate sub-grade and each subsequent fill layer before compaction to within 2 percent of optimum moisture content. 1. Do not place fill material on surfaces that are muddy, frozen, or contain frost or ice. 2. Remove and replace, or scarify and air-dry, otherwise satisfactory soil material that exceeds optimum moisture content by 2 percent and is too wet to compact to specified dry unit weight. 3.07 COMPACTION OF FILLS: A. Place fill materials in layers not more than 6 inches in loose depth for material compacted by heavy compaction equipment, and not more than four inches in loose depth for material compacted by hand- operated tampers. B. Place sub-grade fill materials evenly to obtain required elevations and compact soil to not less than the following percentages of maximum dry unit weight ;according to ASTM D 698: 1. Under the new sports playing field, scarify and re-compact top six (6") inches below sub-grade and compact each layer of fill material at 85 percent. Grading & Seeding - Sports Playing Field 2300-3 3.08 GRADING: A. General: Uniformly grade areas to a smooth surface, free from irregular surface changes. Complywith compaction requirements and grade to contour lines and elevations indicated. 1. Provide a smooth transition between adjacent existing grades where indicated or required. 2. Cut out soft spots, fill Iow spots and trim high spots to comply with required surface tolerances. B. Site Grading: Slope grades to direct water in a northerly direction and prevent standing water. Finish sub-grades to required elevations within tolerances of plus or minus one (1") inch. 3.09 PROTECTION: A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing and erosion. Keep free of trash and debris. B. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions. 1. Scarify or remove and replace soil material to depth as directed by Architect; reshape and re-compact. C. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact and reconstruct surfacing. I. Restore appearance, quality, and condition of finished surfacing to match adjacent work and eliminate evidence of restoration to the greatest extent possible. 3.10 DISPOSAL OF SURPLUS AND WASTE MATERIALS: A. Disposal: Transport surplus satisfactory soil to designated storage areas on adjacent Town of Southold property. Stockpile or spread soil as directed by the Architect. 1. Remove waste material, including unsatisfactory soil, trash, miscellaneous debris, and legally dispose of it away from Town of Southold Property. END OF SECTION Grading & Seeding - Sports Playing Field 2300-4 Section 2920 - LAWNS AND GRASSES Part I - GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specifications, apply to this Section. 1.02 SUMMARY: A. This section includes the following: 1. Seeding. 2. Lawn Renovation. B. Related Work Specified Elsewhere: 1. SITE PREPARATION - 2100 3. SITE CLEARING 2230 2. EARTHWORK 2300 1.03 DEFINITIONS: A. Finish Grade: Elevation of finished surface of planting soil. B. Planting Soil: Native topsoil. C. Sub-grade: Surface or elevation of sub-soil remaining after completing excavation or top surface of a fill immediately beneath the planting soil. 1.04 SUBMITTALS: A. Product Data: I-'or each type of product indicated. B. Certification of Grass Seed: From seed vendor for each grass-seed monostand or mixture stating the botanical and common name and percentage by weight of each species and variety, and percentage of purity, germination, and weed seed. Include the year of production and date of packaging. t. Certification of each seed mixture for turf-grass, identifying source, including name and telephone number of supplier. C. Product Certificates: For soil amendments and fertilizers, signed by product manufacturer. D. Qualification Data: For Landscape Installer. E. Material Test Reports: For existing surface topsoil. F. Planting Schedule: Indicating anticipated planting dates for each type of planting. G. Maintenance Instructions: Recommended procedures to be established by Owner for maintenance of lawns during a calendar year. Submit before expiration of required maintenance periods. 1.05 QUALITY ASSURANCE: A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful lawn establishment. 1. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when planting is in progress. Grading & Seeding - Sports Playing Field 2920-t 1.06 t.0? J.08 Bo Topsoil Analysis: Furnish soil analysis by a qualified soil-testing laboratory stating percentages of organic matter; gradation of sand, silt, and clay content; cation exchange capacity; deleterious material; PH; and mineral and plant-nutrient content of topsoil. 1. Report suitability of topsoil for lawn growth. State recommended quantities of nitrogen, phosphorus, and potash nutrients and soil amendments to be added to produce a satisfactory topsoil product. C. Pre-Installation Conference: Conduct a pre-application conference with Town of Southold before commencing seeding operations. DELIVERY, STORAGE AND HANDLING: A. Deliver seed in original; sealed, labeled and undamaged containers. SCHEDULING: A. Clearing, Grubbing~ Excavation, Grading, Fill and related site work may begin on or after August Ist, 2005. Planting shall begin the middle of September and be completed by October Ist, 2005. B. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit. LAWN MAINTENANCE!: A. Begin maintenance immediately after each area is planted and continue until acceptable lawn is established, but for not less than 60 days from a date of Substantial Completion. 1. When ful~ maintenance period has not elapsed before end of planting season, or if lawn is not fully established, continue maintenance during next planting season. B. Maintain and establish lawn by watering, fertilizing, weeding, mowing, trimming, replanting, and other operations as needed. Roll, re-grade, and replant bare or eroded areas and re-mulch to produce a uniformly smooth lawn. C. Watering: Provide and maintain temporary watering system consisting of piping, hoses, and lawn-watering equipment to convey water from sources and to keep lawn uniformly moist to a depth of 4 inches. 1. Schedule watering to prevent wilting, standing water, erosion and displacement of seed or mulch. Lay out temporarywatering system to avoid walking over muddy or newly planted areas. 2. Water lawn for 30 days with fine spray as necessary. D. Mow lawn as soon as top growth is tall enough to cut. Repeat mowing to maintain specified height without cutting more than 40 percent of grass height. Remove no more than 40 percent of grass-leaf growth in initial or subsequent mowing. Do not delay mowing until grass blades bend over and become matted. Do not mow when grass is wet. Schedule initial and subsequent mowing to maintain a grass height between 3/4 to 2 inches high. Grading & Seeding - Sports Playing Field 292O-2 Lawn Post-fertilization: Apply fertilizer after initial mowing and when grass is dry. 1. Use fertilizers that, when used, will provide actual nitrogen of at least 1 Lb.ll000 sq. ft. to lawn area. P.art 2 - PRODUCTS 2.01 SEED: A. Grass Seed: Fresh, clean, dry, new-crop sees complying with AOSA's "Journal of Seed Technology; Rules for Testing Seeds" for purity and germination tolerances. B. Seed Species: State-certified seed of grass species, as follows, tolerance for germination shall be those called official and tabulated by the U. S. Department of Agriculture: 1. Seed Mix:ture shall be L.I.C.A. Southold Town Blue/Rye Mix as follows: a. 30 percent Jasper II Fescue. b. 20 percent Blue Velent Blue Grass. c. 20 percent Fiesta 3 Perennial Ryegrass. d. 20 percent Cutter Perennial Ryegrass. e. 10 percent Touchdown Blue Grass. 2.02 TOPSOIL: A. 2.03 Topsoil: ASTM D 5268, pH range of 5 to 7, a minimum of 5 percent and maximum of 20 percent organic material conte~t; free of stones 1/2 inch or larger in any dimension and other extraneous materials harmful to plant growth. 1. Topsoil Source: Reuse surface soil stockpiled on-site. Verify suitability of stockpiled surface soil to produce topsoil. Clean surface soil of roots, plants, sod, stones, clay lumps and other extraneolls materials harmful to plant growth. 2. Topsoil Source: Amend existing in-place surface soil to produce topsoil. Verify suitability of surface soil to produce topsoil. Clean surface soil of roots, plants, sod, stones, clay lumps and other extraneous materials harmful to plant growth. INORGANIC SOIL AMENDMENTS: A. Lime: ASTM C 602, agricultural limestone containing a minimum 80 percent calcium carbonate equivalent and as follows: 1. Class: Class T, with a minimum 99 percent passing through No. 8 sieve and a minimum 75 percent passing through No 60 sieve. 2. Class: Class O, with a minimum 95 percent passing through No. 8 sieve and a minimum 55 percent passing through No 60 sieve. 3. Provide lime in form of dolomitic limestone. B, Sulfur: Granular, biodegradable, containing a minimum of 90 percent sulfur, with a minimum 99 percent passing through No. 6 sieve and a maximum 10 percent passing through No. 40 sieve. Grading & Seeding - Sports Playing Field 2920-3 2.04 2.05 C. Iron Sulfate: Granulated ferrous sulfate containing a minimum of 20 percent iron and 10 percent sulfur. D. Aluminum Sulfate: Commercial grade, unadulterated. E. Perlite: Horticultural perlite, soil amendment grade. F. Agricultural Gypsum: Finely ground, containing a minimum of 90 percent calcium sulfate. G. Diatomaceous Earth: Calcined, diatomaceous earth, 90 percent silica, with approximately 140 percent water absorption capacity by weight. H. Zeolites: Mineral clinoptilolite with at least 60 percent water absorption by weight. I. Sand: Clean, washed, natural, free of toxic materials. ORGANIC SOIL AMENDMENTS: A. Compost: Well-composted, stable, and weed-free organic matter, pH range of 5.5 tQ 8.5; mQisture content 35 to 55 percent by weight; 100 percent passing through 1/4 inch sieve; soluble salt content of 5 to 10 decisiements/m; not exceeding 0,5 percent inert contaminants and free of substances toxic to plantings; and as follows: t. Organic matter Content: 40 to 50 percent of dry weight. 2. Feedstock: Agricultural, food, or industrial residuals; or yard trimmings. B. Pete: Sphagnum peat moss, partially decomposed, finely divided or granular texture, with a pH range of 3.4 to 4.8. C. Wood Derivatives: Decomposed, nitrogen-treated sawdust, ground bark, or wood waste; of uniform texture, free of chops, stones, soil, or toxic materials. D. Manure: Well-rotted, unleached, stable or cattle manure containing not more than 25 percent by volume of straw, sawdust, or other bedding materials; free of toxic substances, stones, sticks, soil, weed seed, and material harmful to plant growth. FERTILIZER: A. Bone meal: Commercial, raw or steamed, finely ground; a minimum of 10 percent nitrogen and 20 percent phosphoric acid. B. Super-phosphate: Commercial, phosphate mixture, soluble; a minimum of 20 percent available phosphoric acid. C. Commercial Fertilizer: Commercial-grade complete fertilizer of neutral character, consisting of fast and slow release nitrogen, 50 percent derived from natural organic sources of urea formaldehyde, phosphorous and potassium in the following composition: 1. Composition: Nitrogen, phosphorous and potassium in amounts recommended in soil reports from a qualified soil-testing agency. Grading & Seeding - Sports Playing Field 2920-4 2.06 2.07 D. Slow Release Fertilizer: Granular or pelleted fertilizer consisting of 50 percent water insoluble nitrogen, phosphorus and potassium in the following composition: 1. Composition: Nitrogen, phosphorous and potassium in amounts recommended in soil reports from a qualified soil-testing agency. MULCHES: A. Straw Mulch: Provide air-dry, clean, mildew and seed free, salt hay or thrashed straw of wheat, rye, oats or barley. PLANTING SOIL MIX: A. Planting Soil Mix: Mix topsoil with the following soil amendments and fertilizers in the following quantities: 1. Ratioofloose Compost toTopsoil byVolume: 1:3 2. Ratio of loose Peat to Topsoil by Volume: 1:4 3. Weight of Mine I 1000 Sq. FL: As recommended. 4. Weight of Bone meal / 1000 Sq. Ft.: As Recommended 5. Weight of Superphosphate / 1000 Sq. Ft.: As Recommended 6. Weight of Commercial Fertilizer / 1000Sq. Ft.: As Recommended 7. Weight of Slow Release Fertilizer/1000 Sq. Ft.: As Recommended Part 3 - EXECUTION 3.01 EXAMINATION: A. Examine all areas to receive lawns and grass for compliance with requirements and other conditions affecting performance. Proceed with installation only after unsatisfactory conditions have been corrected. 3.02 SITE PREPARATION: A. Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust to adjacent properties. 3.03 LAWN PREPARATION: A. Limit lawn sub-grade preparation to areas to be planted. B. Newly Graded Sub-grades: Loosen sub-grade to a minimum depth of 4 inches. Remove stones larger than 1 inch in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off site. 1. Thoroughly Blend planting soil mix before spreading topsoil and apply soil amendments and fertilizer on surface and thoroughly blend into planting soil mix. a. Delay mixing fertilizer with planting soil if planting will not proceed within a few days. b. Mix lime with dry soil before mixing fertilizer. Grading & Seeding - Sports Playing Field 2920-5 2. Spread planting soil mix to a minimum depth of 4 inches but not less than required to meet finish grades after light rolling and natural settlement. Do not spread if planting soil or sub-grade is frozen, muddy or excessively wet. a. Spread approximately one-half the thickness of planting soil mix over loosened sub-grade. Mix thoroughly into top 4 inches of sub-grade. Spread remainder of planting topsoil mix to achieve final grade. C. Finish Grading: Grade planting areas to a smooth, uniform surface plane with loose, uniformly fine texture. Grade to within plus or minus 1/2 inch of finish elevation. Roll and rake, remove ridges, and fill depressions to meet finish grades. Limit fine grading to areas that can be planted in the immediate future. D. Moisten prepared lawn areas, before planting~if soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. E. Restore areas if! eroded or otherwise disturbed after finish grading and before planting.. 3.04 SEEDING: A. Sow seed with spreader or seeding machine. Do not broadcast or drop seed when wind velocity exceeds 5 mph. Evenly distribute seed by sowing equal quantities in two directions at right angles to each other. 1. Do not use wet seed or seed that is moldy or otherwise damaged. B. Sow seed at the rate of 60 Lb. per 10,000 sq. ft. of araa. Sow half the seed in one direction, then sow the other half in a direction at ninety degrees to the first sowing. C. Rake seed lightly into top t/4 inch or topsoil, roll lightly, and water with fine spray. D. Protect seeded areas with slopes exceeding 1:4 with erosion control blankets installed and stapled according to manufacturer's written instructions. E. Protect seeded areas with slopes not exceeding 1:6 by spreading straw mulch. Spread uniformly at a minimum rate of 2 tons per acre to form a continuous blanket 1-1/2 inches in loose depth over seeded areas. Spread by hand, blower, or other suitable equipment. F. Protect seeded areas from hot, dry weather or drying winds by applying topsoil within 24 hours after completing seeding operations. Soak and scatter uniformly to a depth of 3/16 inch and roll to a smooth surface. 3.05 LAWN RENOVATION: A. Renovate existing lawns where damaged by Contractors operations such as storage of materials or equipment and movement of vehicles. 1. Re-establish lawn where settlement or washouts occur or where minor regarding is required. Grading & Seeding - Sports Playing Field 2920-6 3.06 3.07 Remove sod and vegetation from diseased or unsatisfactory lawn areas; Do not bury in soil. Remove topsoil containing foreign materials resulting from Contractor's operations, including oil drippings, fuel spills, stone, gravel and other construction materials, and replace with new topsoil. D. Remove weeds before seeding. Where weeds are extensive, apply selective herbicides as required. Do not use pre-emergence herbicides. E. Remove waste and foreign materials, including weeds, soil cores, grass, vegetation & turf and legally dispose of them off Owner's Property. F. Mow, de-thatch, core aerate and rake existing lawn areas disturbed by construction operations. G. Apply soil amendments and initial fertilizers required for establishing new lawns and mix thoroughly into top4 inches of existing soil. Provide new planting soil to fill Iow spots and meet finish grades. H. Apply seed and protect with straw mulch as required for new lawns. I. Water newly planted areas and keep moist until new lawn is established. SATISFACTORY LAWNS A. Satisfactory Seeded Lawn: At the end of maintenance period, a healthy, uniform, close stand of grass has been established, free of weeds and surface irregularities, with coverage exceeding 90 percent over any 10 sq. ft. of area and bare spots not exceeding 5 by 5 inches. CLEAN UP AND PROTECTION A. Promptly remove soil and debris created by construction operations from ali site areas. Erect barricades and warning signs as required to protect newly planted areas from traffic. Maintain barricades throughout maintenance period and remove after lawn is established. Remove erosion-control measures after grass establishment period. END OF SECTIION Grading & Seeding - Sports Playing Field 2920-7 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 October 12, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Gatz Landscaping, [nc PO Box 45 Mattituck, NY 11952 Dear Sir: Enclosed herewith ]is the Certified Check #963267 that was submitted with you bid for the seeding of Strawberry Fields. This office has been informed that your bid deposit may be returned to you. Thank you. Very truly yours, Lynda M Bohn Deputy Town Clerk Enc JAMES C. McMAHON Director Telephone (631 ) 765-1283 Fax (631) 765-9015 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TOWN OF SOUTHOLD DEPARTMENT OF PUBLIC WORKS INTER-OFFICE MEMO TO: FROM: SUBJECT: DATE: Elizabeth Betty Neville, Town Clerk Jim McMahon, Executive Assistant Gatz Landscaping - Bid Security for Strawberry Fields Fairgrounds October 7, 2005 Please return the Bid Security check ($2,315) to Gatz Landscaping, Inc. for the Strawberry Fields Fairgrounds Project Original Invoice lim McMahon to submit w/ your- for payment Gatz Landscaping, Inc. 1800 Sound Avenue POBox 45 Mattituck, NY 11952 (631) 298-8877 fax (63,1) 298-2021 Invoice No. INVOICE -~ Contractor ame ToWn of Southold Alln: Elizabeth Neville ddress ~ ---- -- -- ity ~ - ~ ~971 hone ~ ~31-765-6145 1 ~'Date I Contract # .. [,..Job 9/14/2005 353__ Strawberry Field Fairgrounds Qty Unit Price Total Contract Award $46,300 Work Completed All Grading,Seeding,Soil Amendments 5% Bid Security $ 46,300.00 $ 2,315.00 $ 46,300.00 $ 2,315.00 Credits & Back chartres I Paid Check 82833 $27,780 Subtotal Credits Taxes Total $ 48,615.00 $ 27,780.00 $ 20,835.00 Thank you for doing business with Gatz Landscaping, Inc. a WBE Company 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 TO'vVN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 353 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 7, 2005: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to sign an .Agreement between the Town of Southold and Gatz Landscaping Inc. in the amount of $46,300, for the grading and seeding of the new sports playing fields at Strawberry Field Fairgrounds, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk PATRICIA A. FINNEGAN TOWN ATTORNEY patricia,finnegan@town.southold.ny.us KIEHAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.monte fusco@town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Subject: Elizabeth A. Neville, Town Clerk Lynne Krauza Secretary to the Town Attorney July 8, 2005 Agreeme,nt Between Town of Southold and Gatz Landscaping Inc. For your records, attached is the original, fully executed Agreement between the Town and Gatz Landscaping regarding the Strawberry Fields Fairgrounds. We will retain a copy in our file. A copy of the Resolution authorizing Josh to sign this Agreement is also enclosed. If you have any questions, please do not hesitate to call me. /Ik Enclosure cc: Patricia A. Finnegan, Esq., Town Attorney (w/encl.) FROM :-GATZ LANDSCAPING, INC. FAX NO. :631-298-2021 14 2005 12:5~PM P1 l~attituck~ NY 11952 officeL~gatzlandscaping.con~ Phone: 631~298-8877 Fax: 631-298-2021 Fax To: Ehzabetb Ney II ~/Jamie Riahter Fax: 765-6145 /765-9015 From: Donald Oatz Date: 9/14/05 Re: Invoice Strawl~rr3, Field Page~: 2 [] Urgent ~ForRevlew please Comment [] Please Reply Ple~seJfndourfin~llnvolceforworkcompletedatSbawhertyFleld, ffyouhave any questions, p/ease call our off/ce, Thank Yoti, FROM :-GAFZ LANDSCAPING, INC, FAX NO. :63~-298-2021 ~p. 14 2~5 12:30PM P2 G,atz Landscaping, Inc. 1800 Souad Avenue POBox 45 Mattituck, NY 11952 (631~, 295-8877 fax (631) 298-2021 ~ Contractor -. · .- , [Name TownofSouthold Attn E zabeth Neville {Address ~-~OgSMfiil~'~-d - ~- : -' ~ Phone '~-180~' ~ .... Contract Award $48,300 Work Completed All Grading,Seeding,Soil Amendments 5% Bid Security Invoice No. Date I Contract # INVOICE ~- 9/14/2005 353 Strawberr~ Field ?a[rgrounds $ 46.300.00 $ 4e,30o.oo $ 2.315.00 $ 2,315.00 Cr~li~.& Back char~es Ilk] Chleck 82833527,780 Cred~STaxes 27'7~'~P-I Total~$$ 2-~,835.00/ Thank you for doing t)U$~es$ with. Gatz Landscaping, Inc. a WBE Company 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.northfor k.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 15, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Gatz Landscaping PO Box 45 Mattituck, NY 11952 Dear Sir: Congratulations. The Southold Town Board, at its regular meeting of June 7, 2005, accepted the bid of $46,300.00 for the Strawberry Fields Grading & Seeding. A certified copy of the resolution is enclosed. Your current bid check/bond will be returned to you at the end of the contract. Very truly yours, ville Ire~ dlffem~ from Item 17 i-lYes ~ellv~y addmea below: [] No PROPOSAL FORM Date: (--,, I| l O~, NAME of BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 JUN - 2 2005 MEMBERS OF THE BOARD: $0uth01d Town (Ierk 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: May 4, 2005, 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 for: Grading & Seeding of New 250' x 650' Sports Playing Field ~ Strawberry Fields Fairgrounds "Northwesterly Corner" County Route 48, Mattituck, New York, 11952 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: ITEM # 1: GENERAL CONSTRUCTION FURNISH, CONSTRUCT, GRADE AND SEED A NEW 250' x 650' SPORTS PLAYING FIELD ALL IN ACCORCANCE WITH THE PLANS AND SPECIFICATIONS. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS NECESSARY TO CONSTRUCTA COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED 'LUMP SUM" OF: (wrltte& In wor~) ' (written In-numbers) Grading & Seeding - Sports Playing Field D-I 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 pedod. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Telep ne~ Number: Date: Bidders Grading & Seeding - Sports Playing Field D-2 STATI=MI;;NT OF NON-COLLUSIC)N (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September t, t966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or offlclal thereof or to a fore dlstdct or any agency or official thereof for work or servlcas performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to bythe bidder and affirmed bysuch bidder as tree under the penaltice of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certlflas, and In the case of a joint bid, eech party thereto certifies as to Its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prlcee 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 pdcee with any other bidder or any competitor. (2) Unless otherwlce 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 dlscloeed by the bidder prior to opening, directly or Indlractly, 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 appllceble 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) authorized to sign and submit the bid or proposal of this corporation for the following Project: Grading & Seeding of New 250' x 650' Sports Playing Field ~ Strawberry Fields Fairgrounds "Northwesterly Corner" County Route 48, Mattituck, New York, 11952 and to Include In such bid or proposal the certificate as to non-collusion requlrad by section one- hundrad-three-d (103-d) of the General Munfolpal Law as the act and deed of such corporation, and for any Inaccuracies or mlss-ststaments 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 Dlractora, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. t03-d, as amended & effective on September 1, t965. .~.~ Signature Grading & Seeding - Sports Playing Field E-I 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 August 4, 2005 Michael Ryan The Landtek Group, Inc. 235 Countyline Road Amityville, NY 11701 Dear Mr. Ryan: The Southold Town Board, at its regular meeting of June 7, 2005, accepted the bid of Gatz Landscaping Inc for the Grading & Seeding of the Strawberry Fields Fairground A certified copy of the resolution is enclosed. Also, returned herewith is the bid bond you submitted with this bid. Thank you for submitting your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk Eric. PROPOSAL FORM 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: May 4, 2005, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Nota: 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 for:. Grading & Seeding of New 250' x 650' Sports Playing Field (~} Strawberry Fields Fairgrounds "Northwesterly Comer" County Route 48, Matfituck, New York, 1 t952 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: ITEM if 1: GENERAL CONSTRUCTION FURNISH, CONSTRUCT, GRADE AND SEED A NE'VV 250' x 650' SPORTS PLAYING FIELD ALL IN ACCORCANCE WITH THE PLANS AND SPECIFICATIONS. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS NECESSARY TO CONSTRUCTA COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written In words) ~)0 i tc'L k"5 - '(written ~n numbers) Grading & Seeding - Sports Playing Field D-1 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 Addre.: :Z S O. cun 'ne r2d. Grading & Seeding - Sports Playing Field D-2 STATE;MENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103.d General Municipal Law, effective September 1, t966, 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 bythe bidder and affirmed bysuch 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 partytbereto 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 ro~trlcting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otberwlce required by law, the prices which have been quoted In this bid have not been knowingly dleclcee~ by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or Indlrsctiy, to any other bidder or to any compatlter. (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 compatltion. B. The person s!gnlng 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 tho bidder, as well as the person signing In Its behalf. C. That attached hereto (If a corporate bidder) Is a certified cepyof resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION ..o,vedthat t ichae[ ofthe (Name of elgrmtory) ' (Name of Corporation) / ~ authorized to sign and submit the bid or proposal of this corporation for the following Project: Grading & Seeding of New 260' x 650' Sports Playing Field (~ Strawberry Fields Fairgrounds "NorthwesteHy Corner" County Route 48, Mattltuck, New York, 1t 9'52 and to Include in such bid or proposal the certificate as to non-collusion required by section one- hundrod-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any Inaccuracies or mlss-statemente 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 Dlrectora, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, ~ec. lOS-d, as amended & effective on September 1, 1965. Signature Grading & Seeding - Sports Playing Field E-I BID BOND Conforms with The American Institute of Architects, A.I.A. Document No, A-310 KNOW ALL BY THESE PRESENTS, That we, The LandTek Group, Inc., 235 County Line Rd., Amityville, NY 11701 and thc Safeco Insurance Company of America as Principal, hereinafter called the Principal, of 1200 Mac. Arthur Blvd., Mahwah, NJ 07430 the laws of the State of WASHINGTON , a corporation duly organized undor · as Surety, hereinaiter called the Surety, are held and firmly bound unto Town of Southold as Oblige~, hereinafter called the Oblige, in the sum of Five Percent of amt bid ............................................................ Dollars ($ 5% of amt bid ), 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, thc Principal has submitted a bid for Strawberry Fields Fairgrounds in Mattituck NOW, THEREFORE, if the Obligec shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligce 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 thc faithful performance of such Contract and for the prompt payment of labor and martial furnished in the prosecution thereof; or in the event of the failure of thc Principal to enWr such Conltact and give such bond or bonds, if thc Principal shall pay to the Obligec the difference not to exceed the penalty herenf between the amount specified in said bid and such larger amount for which the Obligce may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, olherwise to ~main in full force and effect. ed and sealed this 2nd day of 3 g Wimess June 2005 The LandTek Group, Inc., 235 County Line Rd., Amityville, NY 11701 (Seal) ~YIlCI-~iClE~- J~--Y~JJ~} ~Y-e~,i'd~t~ Title Safeco In'Su{ance Company of A,merica Robert W. O'Kane Attorney-in-Fact IMPORTANT NOTICE TO SURETY BOND 'CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General insurance Company of Americ~, ~rst National Insurance.Company, American States Insur- anca Company or American Economy insurance Company), i~ is our duty to notify you that the Terrorism Risk insurance Act of 2002 extends to "sure~7 ~nsurance', This means that unde~ certain circumstances we may be eligible for reimbursement of certain sure~y bond losses by the United States government under a formula established by this Act. Under this formula, th~ United States govemmen[ pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid'by the ins[Jrance company providing th~ bond. Toe ~ct also establishes a $i00 billion cap for the total of all losses td be pa!d by all insurers for certified acts of terrorfsm. Losses on some or all of your bonds may be subject to this cap. Thfs notic~ does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by Bis bond, any statutes governing tile terms of this bond or any generally applicable rules of law. At this tfme the~'e is no p~emium change resulting from this Act. 248 ~03 ACKNOWLEGEMENT OF PRINCIPAL, OF A CORPORATION On thi~ ~ claD' of . ], ~ td~ , ~ before me personally came /]/l'~rJl~/ /~c~/~rA.T-' - to me known, w,h.o, being by me duly that he is the /',,'t/('? !/:~./.'f of 7~__ the corporation descn'bed in and which executed the foregoing instnm~ent; that/ne'knows the seal of said corporation; that one of the seals affixed to the foregoing instnnnent is such seal; that it was an affixed by order of the board of directors of said corperation; and that he signed his name 'the~to by like order.~'"~ .~ /,1o. §064336 _N6Iikr3(.Phbhc Qualified n Suffolk ~ Commlss on Expires Septembe~ ~, STATE OF COLrNTY OE Nassm~ SS: On this 2nd _daY of__~ 2005 .before me personally came Rober~ 1~/. O'Kane tomeknown, who, being by me duly sworn, did depose and say ~at he is an Attorney-In-Fact of Safeeo Insurance Ca~koeny of ~nerica the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the w/thin instrument is such corporate seal, and tJaat he signed and said instrument and affixed the said seal as Attorney-In-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. ELIZABETH A. NEVILLE. NOTARY PUBLIC State of New York No. 01NE4968590 Certified in Nassau County My commissiot~i°n Expires July 2, ,~OOG ota~ Public ' ~ POWER '$ A F E C O' ~F ATTORNEY SAF INSURANCE COMPANY OF AMERICA GE INSURANCE COMPANY OF AMERICA H~(~ilCE: SAFECO PLAZA No. 12400 KNOW ALL BY THESE PRESENTS; That SAFECO INSURANCE COMPANY OF AMERICA and! GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint *********************************E*** KEMPNER; ROBERT W. O'ICANE; JOSEPH SFORZO; Plainvicw, New****************************************** its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and ether documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 14th CHRISTINE MEAD, SECRETARY day of June , 2004 MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice pmsidect, the Secretary, and any Assistant Vice President appointed fur that purpose by the officer in charge of surety operations, shall each have authority to appoint thdividuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of Its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or afltxed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Exb'act from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted Jaly 28, 1970. 'On any certificate executed by the Secretary or an assistant saoretary of the Company setting out, (i) The provisions of Article V, Secl~on 13 of the B~.Laws, and (ii) A copy of the power-of-att*may appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attamey appointment is in full fume and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may he a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Beard of Directors of these corpora~op.s, and of a Power of Attorney issued pursuant thereto, are tree and correct, and that both the By-Laws, the ReeslutJorr and the Power of Att*may are still in full force and effect. IN WiTNESS WHEREOF, I have hereunto set my hand and affixed tha facsimile seal of said corporation this 2nd dayof ,~'IE1E~ , ~ - CHRISTINE MEAD, SECRETARY S-0974/SAEF 2/01 ® A registered trademark of SAFECO Corporation 06/1412004 PDF SAFECO INSURANCE COMPANY OF AMERICA FINANCIAL STATEMENT -- DECEMBER 31, 2004 Cash and Batik Deposits ..................................... $ (52,492,321) *Bonds U.S Government ........................................... 251,982,058 *Other Bonds ........................................................... 2,582,533,516 *Stocks .................................................................... 444,878,607 Real Estate ............................................................... 9,485,908 Agents' Balances or Uncollected Premiums ................. 367,916,616 Accrued laterest and Rents ................................... 39,230,044 Other Admitted Assets .......................................... 142.067.106 Total Admitted Assets ................................... Liabilities Unearned Premiums .............................................. $ 710,499,599 Reserve for Claims and Claims Expense ...................1,590,324,590 Ftmds Held Under Reinsurance Treaties ............... 114,417 Reserve for Dividends to Policyholders ............................... 836,898 Additional Statutory Reserve Reserve for Commissions, Taxes and Other Liabilities .............................................. 440,428,802 Total ........................................................... $2,742,204,306 Capital Stock ............................. $ 5,000,000 Paid in Smplus ................................ 233,187,958 Unassigned Sm~Ius ...................805.209.270 Surplus to Policyholders .......................... 1.043397.228 Total Liabigtles and Surplus .............................. Q * Bonds are stated at amortized or investment value; Stocks at Association Market Values. Securities carried at $153,000,775 are deposited as required by law'. 1, MICHAEL C. PETERS, president of SAFECO Insurance Company, do hereby certify that the foregoing is a tree, and correct statement of the Assets and Liabilities of said Corporation, *~ of December 31,2004, to the best of my knowledge and belief iN WITNESS WHEREOF, i have hereunto set nay hand and affixed the seal of said Corporation at Seattle, Washington, this 1st day of March, 2005. President 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.nor th for k.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 4, 2005 Kenneth Kurrass Norman Kurrass Contractor Inc 264 Atlantic Avenue East Patchogue, NY 11772 Dear Mr. Kurrass: The Southold Town Board, at its regular meeting of June 7, 2005, accepted the bid of Gat:: Landscaping Inc for the Grading & Seeding of the Strawberry Fields FairgrOund A certified copy of the resolution is enclosed. Also, returned herewith is the bid bond you submitted with this bid. Thank you for submitting your bid. Very truly yours, Ehzabeth A. Neville Southold Town Clerk Enc. 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 prefit thereof; that he has carefully examined the contract documents dated: May 4, 2005, including bidding requirements, contract, general and special conditions, specitications, 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 for: Grading & Seeding of New 250' x 650' Sports Playing Field @ Strawberry Fields Fairgrounds "Northwesterly Corner" County Route 48, Matfltuck, New York, 1t 952 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: ITEM # 1: GENERAL CONSTRUCTION FURNISH, CONSTRUCT, GRADE AND SEED A NEW 250' x 650' SPORTS PLAYING FIELD ALL IN ACCORCANCE WITH THE PLANS AND SPECIFICATIONS. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS NECESSARY TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (~ltte~ in words) (written In numbers) Grading & Seeding - Sports Playing Field D-1 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 sha~l 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 receMng 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: Bidders AddressI Grading & Seeding - Sports Playing Field D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September t, 1966, every bid or proposal hereafter made to a political s u bdlvislon of the State of any public department, agency, or official thereof or to a fore district or any agency or official th ersof for work or asrvlcas 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 tree 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 pHcas 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 blcl 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 cm'porate 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 slgnatop/) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Grading & Seeding of New 260' x 660' Sports Playing Field ~ Strawberry Fields Fairgrounds "Northwesterly Corner" County Route 48, Mattituck, New York, 11952 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 __ dayof ,20 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 75t, Sec. 103-d, as amended & effective on September t, t965. Grading & Seeding - Sports Playing Field E-1 BID BOND Conforms with The American Institute of Architects, A.I.A, Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Norman Kurrass Contractor, Inc. 264 Atlantic Avenue, East Patcho~lue, New York 11772 and thc The Hanover Insurance Company of 100 North Parkway, Womester, MA 0161!5-0063 the laws of the State of New Hampshire Town of Southold as Principal, hereinafter called thc Principal, , a corporation duly organized under , as Surety, hereinafter called the Surety, are held and furmly bound unto Southold, New York as Obligee, hereinafter called the Obligee, in the sum of 5% of the Amount Bid ............................................................... Dollars ($ 5% of the Amount Bid ) , tbr the payment of which sum well and truly to be made, the said Principal and thc said Surety, bind ourselves, our heirs, executors, adminisa'ators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Grading & Seedin0 of New Sports playing Field, Strawberry Fields Fairgrounds, Southold, New York NOW, THEREFORE, if the Obligee shall accept the bid of the Principal 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 of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee 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 1 day of June 2005 Witness Norman Kurrass Contractor, Inc. 264 Atlantic Avenue, East Patchogue, New (Seal) ~. - >~: ~-~. ~-.~.~. .... Principal The Hanover'lnsurance I Nicole Gruter S41054/GEEF 12/00 FRP Individual Acknowledgment State of County of On this .day of ,19 , before me personally came to me known, and known to me to be the individual in and who executed the foregoing instrument, and acknowledged to me that he/she executed the same. My commission expires Notary Public Corporation Acknowledgment State of County of __ qri the ~ day of ~,~.~_ of the year ~ before me personally came ,4~ ~-~,,.,.=~ to me known; who being by me duly sworn, did depose and say that he/she/they reside(s) in I~..(~--f~. that he/she/they is (are) the '---~,-~,,~l~-J- of the ~.(....~.~ ~.,,,, (_~J~..~{~-. '~-~, , the corporation described in and which executed the above instrument; that he/she/they know(s) the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the board of directors of said corporation, and that he/she/they signed his/her/their name(s) thereto by like authority. My commission expires PAMELA H. SCHIAVAEELU Nn ~7qflol9 Notary PUl}Iic, State of New York Notary Pubic Qualified in Suff01k C0un~y My C0.m. missi0n Expi~s 08/31/A4)O .~. ............................................ Surety Acknowledgment State of New York County of Suffolk On the 1 day of. ~ of the year 2005 before me personally came Nicole Gruter to me known, who, being by me duly sworn, did depose and say that he/she/they is an attorney in fact of The Hanover Insurance Company , the corporation described in and which executed the within instrument; that he/she/they know(s) the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she/they signed the said instrument and affixed the said seal as Attorney-in-fact by authority of the Board of Directors of said corporation and by authority of this office under the sta~solutio~ · . LOU S J. SPINA My commission expires NOTARY PUBLIC, State of New York ECl, ~.9~2~1 Nota~c Qualified ir, £,~;:~,i;~ County_.o~ Commission Expires May 7, 20 Cie(! Copy Void Without AIImeHce Financial ~rmark This Power of Attorney may not be used to execute any bond with an inception date after August 1, 2007 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA day of POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN SY THESE PRESENTS: That THE HANOVER ~NSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS iNSURANCE COMPANY OF AMERICA, a corporation o~ganized and existing under the laws of the State of Michigan, do hereby constitute and appoint Louis J. Spine, Anthony Panno, Anthony M. ~pina, Denese Thompson and/or Nicole Gruter of Smithtown, NY and each is a true and law~l ,~ttorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for. and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contract8 of indemnity or other writings obligatory in the nature thereof, as follows; Any such obligations in the United States, not lo exceed Ten Million and Nell00 ($10,000,000) Dollars in any single instance And saJd companies hereby rati~ and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authodty of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authedzed and empowered to appoint Attorneys-in-fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf es Surety any and all bonds, recognizances, contracts of indemnity, waivers of dtation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys~in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted Apd114, 1982 - Massachusetts Bay Insurance Company; Adopted September 7,2001 - C~tizens hlsurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 17th dey of August, 2004. THE COMMONWEALTH OF MASSACHUSETTS) COUNTY OF WORCESTER ) ss, THE HANOVER INSURANCE COMPANY On this 17th day of August, 2004, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the sse~s affixed to the preceding instrument are the corporate seals of The Hanover insurance Company Massachusetts Bay Insurance Company and Citizens thsurance Company of America, respectively, and that the said corporate seels and their signatures as officers were duly affixed and subscribed to said instrument by the authotity and direction of said Corporations. Barbara A. Garlick, Notary Public My Commission Expires November 26, 2004 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of Amedca, hereby certif~ that the above and foregoing is a fuji, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certi~ that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company a~nd Citizens Insurance Company of Amedca. "RESOLVED, That any end all Powers of Attorney and Certified Copies of such Powers of Attorney and cer[ification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if air signatures therein were affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7,2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 'l 3tz-e 20 C6 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA Charles 7- Wells, A~$i~tal~t Vice President Certified Copy Void Without AIImerica Financial Watermark ALLMERICA FINANCIAL® HANOVER JNSURANCE® The Hanover Insurance Company 440 IJncoIneet Worcester, MA 01653 Financial Statement The Hanover Insurance Company Bedford, New Hampshire FINANCIAL STATEMENT AS OF DECEMBER 31, 2004 ASSETS Cash in Banks (including Short-Term Investments) ................................................ $ Bonds and Stocks .................................................................................................. Other Admitted Assets .......................................................................................... Total Admitted Assets ........................................................................ 2004 (12,004,929) 2,709,713,325 750,851,089 3,448,559,485 LIABILITIES, CAPITAL AND SURPLUS Reserve for Unearned Premiurrls ........................................................................... $ Reserve for Loss and Loss E~pense ........................................................................ Reserve for Taxes .................................................................................................. Funds held under reinsurance treaties ................................................................... Reserve for all other Liabilities .............................................................................. Capital Stock - $1~00 par ......................................... $ 5,000,000 Net Surplus ............................................................ 1,093,811,533 Policyholders' Surplus ........................................................................................... Total Liabilities, Capital and Surplus ..................................................................... 650,770,693 1,473,942,273 18,636,548 17,004,751 189,393,687 1,098,811,533 3,448,559,485 COMMONWEALTH OF MASSACHUSETTS J[ s.s.: COUNTY OF WORCESTER l John R. Larson, Asst. Treasurer of The Hanover Insurance Company, being duly sworn deposes and says that he is the above described officer of said Company, and certifies that the foregoing statement is a true statement of the condition and affairs of the said Company on December 31, 2004. JOHN R. LARSON Asst, Treasurer 111-0193 (3/05) ALI_MERICA .~FI NANCIAI_~' CITIZENS INSURANCE~ HANOVER INSURANCE® Policyholder Disclosure Notice of Terrorism Insurance Coverage The Terrorism Risk Insurance Act of 2002 established a program within the Department of the TreasurM under which the Federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. The Act provides that, to be certified, an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. The Federal share of compensation under this Program is equal to 90% of covered insured losses in excess of the deductible paid by us under this Program. In accordance with the Terrorism Risk Insurance Act of 2002, we are required to offer you coverage for losses resulting from an act of terrorism that is ceriified under the Federal program. The law also requires us to disclose to you the prernium charge associated with the expanded terrorism coverage. At this time we have waived any premium associated with this program for our policyholders. So, the cost under your policy is zero. Any questions concerning your policy and this coverage should be directed to your agent. Thank you for doing business with our companies. Z2604 (1/03) 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) 765q6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 4, 2005 Paul Guillo Guillo Contracting Corp. 3829 Middle County Road Calverton, NY 11933 Dear Mr. Guillo: The Southold Town Board, at its regular meeting of June 7, 2005, accepted the bid of Gatz Landscaping Inc for the Grading & Seeding of the Strawberry Fields Fairground A certified copy of the resolution is enclosed. Also, returned herewith is the bid bond you submitted with this bid. Thank you for submitting your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enc. PROPOSALFORM Date: (~/~/e g 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: May 4, 2005, 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 for: Grading & Seeding of New 250' x 650' Sports Playing Field ~ Strawberry Fields Fairgrou nds "NorthwesteHy Corner" County Route 48, Mattituck, New York, 11952 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: ITEM # 1: GENERAL CONSTRUCTION FURNISH, CONSTRUCT, GRADE AND SEED A NEW 250' x 650' SPORTS PLAYING FIELD ALL IN ACCORCANCE WITH THE PLANS AND SPECIFICATIONS. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS NECESSARYTO CONSTRUCTA COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: 0,.3 Grading & Seeding - Sports Playing Field D-1 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 pedod of forty-five (45) days, thE; Town will accept or reject this proposal or by mutual agreement may extend this time period. 'rhe undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: ~,~/~ Signature of Bidder: Telephone Number: Date: Biddem Address: Grading & Seeding - Sports Playing Field D-2 STATE;MI=NT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section t03<1 General Municipal Law, effectiVe September t, t966, 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 dlstdct or any agency or official thereof for work or esrvlcas performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to bytho bidder and affirmed bysuch 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 certiflce 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 rastrlctlng competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otberwlse 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 Indlractly, 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, partnerahlp, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bh] 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, es well es the person signing In ifs behalf. C. That attached hereto (if a corporate bidder) Is a certified copy of resolution authorizing the execution of this certificate by the slgnatura of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolvsdthat ~)~Z- ~':~/.~L~ ofthe ~_~JJ~/-4o ~:.,.~-V~'-~ ('..~'Z/O (Name of signatory) {Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Grading & Seeding of New 250' x 660' Sports Playing Field ~ Strawberry Fields Fairgrounds "Northwesterly Corner" County Route 48, Mattituck, New York, t t952 and to Include In such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103<1) 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. 75t, Sec. t03-d, as amended & effective on September l, 1965. Grading & Seeding - Sports Playing Field E-I AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Guillo Contracting Corp. 3829 Count,/Road, Calverton, NY 11933 as Principal, hereinafter called the Principal, and Harleysville Worcester Insurance Company 120 Front Street, Suite 400, Worcester, MA 01608-1408 a corporation duly organized under the laws of the State of MA as Surety, hereinafter called the Surety, am held and firmly bound unto Southold Town , , NY as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), 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 Clearin.q, Grubbing, Gradin,q, Seeding and Field Renovations NOW, THEREFORE, if the Obligee shall aocept the bid of the Principal 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 of such Contract and for the prompt payment of labor and materials furnished i~ the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in sak~ 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 2nd day of June 2005 (W/tnass) Guillo Contracting Corp. (Principal) By: (Seal) ~Ti#a) Harleysville Womester Insurance Company ~A);orna'Y"~"'~n'Fact~'~-'~'-~David A~'~oldstein (Seal) AIA DOCUMENT A310 · BID BOND · AIA · FEBRUARY 1970 ED. · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON D.C. 20006 Harleysvllle HARLEYSVILLE INSURANCE POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), you are hereby notified that you have insurance coverage for losses arising out of acts of terrorism, as defined in Section 102(1) of the Act. Section 102(1) of the Act defines the term "act of terrorism" to mean any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General of the United States - to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Coverage under your policy may be affected as follows: ANY IN-FORCE TERRORISM EXCLUSIONS FOR ACTS OF TERRORISM, AS DEFINED IN THE ACT, CONTAINED IN YOUR POLICY OR INCLUDED IN AN ENDORSEMENT ARE NULLIFIED AS OF NOVEMBER 26, 2002. Any terrorism exclusions for acts of terrorism not defined in Section 102(1) of the Act included in your policy or included in an endorsement are valid and aDDIv to your policy. YOU SHOULD KNOW THAT COVERAGE PROVIDED BY THIS POLICY FOR LOSSES CAUSED BY ACTS OF TERRORISM, AS DEFINED IN THE ACT, IS PARTIALLY REIMBURSED BY THE UNITED STATES UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. UNDER THIS FORMULA, THE UNITED STATES PAYS 90% OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THiS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. The additional premium for coverage for losses caused by acts of terrorism, as defined in the Act, is waived fo_.[r this uolicv oerlod. ST-7394 (Ed. 12-02) ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OF New York ,) COUNTY OF ,} ON THE 2nd DAY OF: June 2005, BEFORE ME PERSONALLY CAME TO ME KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY THAT (S)HE RESIDES AT THAT (S)HE IS THE OF Guillo Contractlna Coro. THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION. Notary PubJic ACKNOWLEDGEMENT OF SURETY STATE OF NEW YORK,) COUNTY OF NASSAU,) ON THE 2nd DAY OF Jund 2005. BEFORE ME PERSONALLY CAME David A. Goldstein TO ME KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY THAT (S)HE RESIDES AT Merrick, NY THAT (S)HE IS THE ATTORNEY-IN-FACT OF Harleysvllle Worcester Insurance Companv THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; THAT (S)HE KNOWS THE SEAL OF SAID CORPORATION; THAT ONE OF THE SEALS AFFIXED TO THE FOREFGOING INSTRUMENT IS SUCH SEAL; THAT IT WAS SO AFFIXED BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY LIKE ORDER. N otal~/P'~ic LO~lk LO'~- MOU~.W publ~:lS~)57748 _. ~ ~ission ~" .... Harleysv lle. HARLEYSVILLE INSURANCE POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), you are hereby notified that you have insurance coverage for losses arising out of acts of terrorism, as defined in Section 102(1) of the Act. Section 102(1) of the Act defines the term "act: of terrorism" to mean any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General of the United States - to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Coverage under your policy may be affected as follows: ANY IN-FORCE TERRORISM EXCLUSIONS FOR ACTS OF TERRORISM, AS DEFINED IN THE ACT, CONTAINED IN YOUR POLICY OR INCLUDED IN AN ENDORSEMENT ARE NULLIFIED AS OF NOVEMBER 26, 2002. Any terrorism exclusions for acts of terrorism not defined in Section 102(1) of the Act included in your policy or included in an endorsement are valid and aPPlY to your policy. YOU SHOULD KNOW THAT COVERAGE PROVIDED BY THIS POLICY FOR LOSSES CAUSED BY ACTS OF TERRORISM, AS DEFINED IN THE ACT, IS PARTIALLY REIMBURSED BY THE UNITED STATES UNDER A FORMULA ESTABLISHEr) BY FEDERAL LAW. UNDER THIS FORMULA, THE UNITED STATES PAYS 90% OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. THE ADDITIONAL PREMIUM FOR COVERAGE FOR LOSSES CAUSED BY ACTS OF TERRORISM, AS DEFINED IN THE ACT, IS WAIVED FOR THIS POLICY PERIOD. ST-7394 (Ed. 12-02) Harleys¥111e. 120 Fronl Street, Suite 500 · Worc~ter. MA 01605-1408 Tel 800.225.7387 ' www.harleysvillegroup.com POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Harley,villa Woreester insurance Comoanv. a Comoration of the Commonwealth of Massachusetts, dons hereby make, constitute and Jericho, NY its true and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed, one of the following bonds: ADMINISTRATOR, EXECUTOR, PERSONAL REPRESENTATIVE, COMMISSIONER, SALE OF REAL ESTATE, CONSERVATOR COMMIJTEE, GUAROI;AN. TRUSTEE UNDER WILL, TRUSTEE OR RECEIVER IN BANKRUPTCY or RECEIVER in STATE COURT in an amount not to exceed, i UNL]MITED ~ UNLIMITED ............. $ ~, UNLIMITED ~' ~,~ ..................... $ ~ UNLIMITED [ to exc~ ................$ ~ UNL M~ED L. $ ~uNMMITED au~es, ~ ~ they had in their o~ ~m~ny on F~rua~ 24, ANY COURT BONO in an amount not to exceed ......... ANY MISCELLANEOUS BOND in an a~)unt not to excesd .... ANY LICENSE AND PERMIT BOND in an amount not to exceed ANY PUBLIC OFFICIAL BOND (EXCLUBING SCHEDU ANY BiD, PERFORMANCE, PAYMENT Bonds in of these presents shall be es binding upon and under the authorization shown on the raversa side hereof and is n be signed and its corporate seal to be COMPANY By: Commonwealth of Pennsylvania County of Montgomery before me appeared the above narned officers of HARLEYSVILLE WORCESTER being by rna duly sworn, did say that they are the individuals and officers described and that the seal affixed to said insbureent is the corporate seal of said Corepany, and Corepany by authorily and diraction of said Corepany, and the said officers and deed of said Company. I seal, the day and year above wdttan. CERTIFICATION County of Mbntgorr~ry } Ss I, Andrew M. Turea , an officer of HARLEYSVILLE WORCESTER INSURANCE COMPANY, a corporation of the Commonwealth of Massachusetts, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by the above named officers of the said Company, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto :set my hand and affixed the seal of said Company on this _ 'Jify ;f ~ ')005 HARLE ILLE V~ EST (SEAL) By: Andrew M. ~Jma, Vice President BSA-37 (60) (Ed. 2~04) CONFIRMATION: If the obliges wishes to confirm the validity of the bond attached to this power of attorney, he is invited to call Hadeysville Mutual Insurance Company at 215-256-5664. Harleyswlle, ASSETS: FINANCIAL STATEMENT-- DECEMBER 31, 2003 (In Thousands) Cash and Short Term Investments ..................................................................................... Securities (Long Term) ........................................................................................................ Premium Balances .............................................................................................................. Accrued Interest and Dividends .......................................................................................... Other Assets ........................................................................................................................ Total Admitted Assets ............................................................................................... $ 54,297 339,713 61,713 4,153 15,105 $ 474,981 LIAISlLITIES: Losses aod Loss Adjustment Expense ................................................................................ $ 221,388 Unearned Premiums ............................................................................................................. 84,788 Other Liabilities ...................................................................................................................... ~ 78,405 Total Liabilities ............................................................................................................. $ 384,582 CAPITAL AND SURPLUS: Capital Stock ......................................................................................................................... $ 2,500 Surplus ........................................................................................ ; ......................................... 87,899 Total Policyholders' Surplus ...................................................................................... Total Liabilities, CApital and Surplus ......................................................................... 90,399 474,981 Andrew M Tuma being duly sworn, says: 'rhat he is Vice President of Harleysville Womestar Insurance Company; that said company is a corporation duly orga~nized, existing, and engaged as a surety by virtue of the laws of the Commonwealth of Massachusetts, and has duly complied with all the requirements of the laws of said commonwealth applicable to said company and is duly qualified to act as surety under the Act of Congress of September '12, '1982, as amended (31 U.S.C. section 9301 et seq,); that the foregoing is a full, true and cor..r, ee~ statement of the finaj~cial condition of said company on the 31st day of December 2003. / , ...- / A~drew M. Tuma, Vice ~sident C°mmonweaith °l Pennsylvania } SS ~/~.1~.,.~;. W Oi~.~.(~ County of Montgomery ON in ther~Cou~JFof M~htg~ner Subscribed and sworn before me, a Notary Public of the Commonwealth of Pennsylvania, y, this /'~'~' ., day of k,~~ , ~q . _ %. ~ I ~ ~ ~.__ .~.~ ' I ~ Not~ Public of P~ylvania ¢BA-24 (SO) (Ed 3-04) · * TOTRL PRGE,02 ~ 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 August 4, 2005 Robert Stasio Ferrandino & Son Inc 84 Toledo Street East Farmingdale, NY 11735 Dear Mr. Stasio: The Southold Tc~wn Board, at its regular meeting of June 7, 2005, accepted the bid of Gatz Landscaping Inc for the Grading & Seeding of the Strawberry Fields Fairground A certified copy of the resolution is enclosed. Also, returned herewith is the bid bond you submitted with this bid. Thank you for submitting your bid. Very truly yours, ]~lizabeth A. Neville Southold Town Clerk EllC. PROPOSAL FORM Date: ~ ~'- 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 a(,~ng 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: May 4, 2005, 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 fumish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work for: Grading & Seeding of New 260' x 650' Sports Playing Field (~ Strawberry Fields Fairgrounds "Northwesterly Corner" County Route 48, Mattituck, New York, 1 t952 and all other work in connection therewith, in accordance with the conlmct 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: ITEM # 1: GENERAL CONSTRUCTION FURNISH, CONSTRUCT, GRADE AND SEED A NEW 250' x 650' SPORTS PLAYING FIELD ALL IN ACCORCANCE WITH THE PLANS AND SPECIFICATIONS. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS NECESSARY TO CONSTRUCTA COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (wrlttenlnwords) IJ~¥R. Ih'uJAd~-~ ¢J~Jt41X"5' (wri~nlnnumbers) Grading & Seeding - Sports Playing Field D-1 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 .~;hall 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 pedod of fody-flve (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time pedod. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Telephone Number: Date: Bidders Address: Grading & Seeding - Sports Playing Field D-2 STATEMENT OF NON.COLLUSION (To be completed by each Bidder) In accordance with Section 103<1 General Municipal Law, effective September 1, '1966, avery 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 asrvlces performed or to be performed or goods sold or to be sold, shall contain the following statement subecrlbed to by the bidder and affirmed bysuch bidder as tree under the penalties of perjury;, non.~olluslve bidding certification. A. By submission of this bid, aach bidder and each pemon 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 prlcas with any other bidder or any competitor. (2) Unless otharwlas 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 blddar 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 cerUflas 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 it~ 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) iName of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Grading & Seeding of New 250' x 650' Sports Playing Field ~ Strawberry Fields Fairgrounds "Northwesterly Corner" County Route 48, Mattltuck, New York, 1t952 and to Include in such bid or proposal the certlflcata as to non-collusion requlrad by section one- hundrad.three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any Inaccuracies or mlss-statementa 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<1, as amended & effective on September 1, t965. Grading & Seeding - Sports Playing Field E-I THE AMEliA. INSTITUTE OF AIF HITECTS AIA Document A310 Bid Bond KNOWALL MEN BY THESE PRESENTS, THAT WE Ferrandino & Son, Inc. 84 Toledo Street, East Farmin,qdale, NY 11735 as Principal, hereinafter called the Principal, and Westchester Fire Insurance Company 140 Broadway, 40th Floor, New York, NY 10005 a corporation duly organized under the laws of the State of NY as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southhold 53095 Main Rd., Southold, NY 11971 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% of Amount Bid ), 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 Grading & seeding of new 250' x 650' sports playing field at Strawberry Fields Fair.qrounds "northwesterly corner" County Rt. 48, Mattituck, NY 11952. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Conbact 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 of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give.such bond or bonds, if the Principal shall pay to the Obligee 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 26th day of May 2005 (Seal) Westchester Fire Insurance Company AIA DOCUMENT A310 · BID BOND · AIA · I~R U~ ~,.ED? ~T_I~_AMERICAN~ INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE.,"N~tg,r-W'A'SHINGTON, DC. zo~o ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK COUNTY OF ON THE :~l a.q DAY OF MAY 2005, BEFORE ME PERSONALLY CAME .~0o'L.4~ ~ TO ME KNOWN, WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY THAT (S)HE RESIDES AT ofq ~ ~oe,~ornn~c~,. THAT (S)HE IS THE ~/(C20_ OF FERRANDINO & SON, INC. THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION Notary Public I6IIIIffJJ~I[0 'obi ACKNOWLEDGEMENT OF SURETY STATE OF NEW YORK COUNTY OF NASSAU ON THE 26TH DAY OF MAY 2005, BEFORE ME PERSONALLY CAME JOHN E. HARBY TO ME KNOWN, W-HO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY THAT (S)HE RESIDES AT STONY BROOK, NY THAT (S)HE IS THE ATTORNEY IN FACT OF WESTCHESTER FIRE INSURANCE COMPANY THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; THAT (S)HE KNOWS THE SEAL OF SAID CORPORATION; THAT ONE OF THE SEALS AFFD,'ED TO THE FOREGOING INSTRUMENT IS SUCH SEAL; THAT IT WAS SO A/FFIXED BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY LIKE ORDER GAYE CONKLIN Notary Public, State of New York No. 01004982812 Qualified in Nassau Co~nty Commissior~ Expires June 10, 20 ' No(~ Public ' ' - Know.all m_e.n by these presents That WESTCHESTER FIRE INS~CE COMI'~Y,a co oralmn of thc Stat~ al office m the City of At ama, Geor~a "u~,,~t *~ ,~ ~-,,~ ' ~ ...... rp of New York, having its p y th~ ~oard of Directnrs of the~md Company on November 8, 1999, to recogmzanc~, contracts and other writings in the nature there0fin penalties nbt exceeding One Million Dollars ($1,000,000) and the execution of such writings in pursuance of these presents Shall be ~ts billding Upon said Company, as fully and amply as if they had been duly executed and ackowledged by ;the regu ar ~*l~Y*cl offio~ of the colr~y at ts ~ offic~ St~ph~n M. Haney, Vice President Notary Public In witness whereof, I have hereunto subsc~bed my name as Secretary, and affixed the corporate seal of the Corporltzo~, tll~K day of ti ~'~ ~ '" .* D. Mulligan, Secrc'~ry THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER May 12. 2007 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE ~o & Son, Inc. [issued By (Name 0t Insuran~- [ Westchester Fire Insurance Company TO August 24, 2005 Effective ~'~e ~- May 26, 2005 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. You should be aware that under the Terrorism Risk Insurance Act of 2002 ("The Act") effective November 26, 2002, any losses caused by certified acts of terrorism under your existing coverage may be partially reimbursed by the United States under a formula established by federal law (applicability is subject to the terms and conditions of each individual policy). The Act was specifically designed to address the ability of businesses and individuals to obtain property and casualty insurance for terrorism and to protect consumers by addressing market disruptions and ensure the continued availability of terredsm coverage. Under the terms of The Act, you may now have the right to purchase insurance coverage for losses arising out of acts of terrorism, as defined in Section I02(1) of the Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General of the United States-to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property; or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Responsibility for Compensation under The Act is shared between insurance companies covered by The Act and the United States. Under the formula set forth in The Act, the United States pays 90% of covered terrorism losses exceeding the statutodly established deductible, whigh is. paid by the insurance company providing the coverage. We am providing you with the terrorism coverage required by The Act. We have not established a separate price for this coverage; however the portion of your annual premium that is reasonably attributable to such coverage is: $0.00. TRIAl2 (5/03) WESTCHESTER FIRE INSURANCE COMPANY FINANCIAL STATEMENT ADMITTED ASSETS BONDS SHORT- TERM INVESTMENTS STOCKS REAL ESTATE CASH ON HAND AND IN BANK PREMIUM IN COURSE OF COLLECTION* INTEREST ACCRUED OTHER ASSETS TOTAL ASSETS December 31, 2004 $'J,363,863,132 24,549,145 0 0 5,338,440 117,395,478 15,349,513 365~657~095 1,892,152,803 LIABlUTIES RESERVE FOR UNEARNED PREMIUMS RESERVE FOR LOSSES RESERVE FOR TAXES FUNDS HELD UNDER REINSURANCE TREATIES OTHER LIABILITIES TOTAL LIABILmES $415,496,923 1,150,554,70t 5,413,53;' 0 ,, (179,492,174) $1r391f972,g87 CAPITAL: SPECIAL SURPLUS CAPITAL: 928,592 SHARES, $4.85 PAR VALUE CAPITAL: PAID IN SURPLUS (UNASSIGNED) SURPLUS TO POLICYHOLDERS $187,300,000 4,503,671 129,098,600 17g,2771545 500rt79~816 TOTAL $1,892,152,803 (*EXCLUDES PREMIUM MORE THAN 90 DAYS DUE.) STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John P. Taylor. being duly sworn, says that he Js Vice President of Westchester Fire Insurance Company and that to the best of his knowledge and belief the foregoing is a true and correct statement of the ~ald Company's financial condition as of the 31 st day of December, 2004. Sworn before me this 27th day of Apttl12005. v My comml~lon expires Ishmt forms 2003/wflc/ 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 August 4, 2005 Louis Vecchia Suffolk Paving Corp 30 North Dunton Avenue Medford, NY 11767 Dear Mr. Vecchia: The Southold Town Board, at its regular meeting of June 7, 2005, accepted the bid of Gatz Landscaping Inc for the Grading & Seeding of the Strawberry Fields Fairground A certified copy of the resolution is enclosed. Also, returned herewith is the bid bond you submitted with this bid. Thank you for submitting your bid. Very truly yours, Southold Town Clerk Enc. PROPOSALFORM NAME of BIDDER: Telephone: Iq Y 1l'7(..3 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undemigned 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 acti.ng 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: May 4, 2005, 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 for: Grading & Seeding of New 250' x 650' Sports Playing Field ~ Strawberry Fields Fairgrounds "Northwesterly Corner" County Route 48, Matfltuck, New York, 1 t 952 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Rict~ter, 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: ITEM # 1: GENERAL CONSTRUCTION FURNISH, CONSTRUCT, GRADE AND SEED A NEVV 250' x 650' SPORTS PLAYING FIELD ALL IN ACCORCANCE WITH THE PLANS AND SPECIFICATIONS. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS NECESSARY TO CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: -' I II (fm'tten In'llumbers) (written In words)'~'t C;70 .~a~-/1 2 · Grading & Seeding - Sports Playing Field D-1 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-f'lve (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 pedod 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: Address: Signature of Bidder: ~umber: ~.......,~, Grading & Seeding - Sports Playing Field D-2 STATEMI=NT OF NON.COLLURIC}N (To be completed by each Bidder) In accordance with Section f03-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 bythe bidder and affirmed by such bidder as tree 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: (t) 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 r~qulred by law, the prlcss which have been quoted In this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prfor to opening, directly or Indirectly, to any other bidder or to any compctlfor. (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 authodzJng 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 Coq~aflon) I authorized to sign and submit the bid or proposal of this corporation for the following Project: be Grading & Seeding of New 250' x 650' Sports Playing Field ~ Strawberry Fields Fairgrounds "Northwesterly Corner" County Route 48, Mattituck, New York, 1 t952 and to Include In such bid or proposal the certificate as to non-collusion required by section one- hundrad-thrae<1 (103<1) 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 #able 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. 75t, Sec. 103-d, as amended & effective on September 1, 1965, , dayof :~ L~ ,200~ Grading & Seeding - Sports Playing Field E-I AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, 'THAT WE Suffolk Paving Corp. 30 North Dunton Avenue, Medford, NY 11767 as Principal, hereinafter called the Principal and Westchester Fire Insurance Company 140 Broadway, 40th Floor, New York, NY 10005 a corporation duly organized under the laws of the State of NY as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southhold 53095 Main Rd., Southold, NY 11971 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% of Amount Bid ), 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 Grading and seeding of a new sports playing field at Strawberry Fields Fairgrounds, County Rte 48, Mattituck NY 11952 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal 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 of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference n(~t,to excaed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee m&y in good faith contract with another party to perform the ~)rk covered by said bid, then this obligation shall be null and ¥c.,Jd, ~_~titerwise to remain in full force and effect. Signed and sealed this 25th (W/tness) day of May 2005 Westchester Fire Insurance Company Afforney-in-Fact Thomas M Niland (Seal) AIA DOCUMENT A310 · BID BOND · AIA · FEBRUARY 1970 ED, · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION ACKNOWLEDGEMENT OF SURETY STATE OF NEW YORK COUNTY OF NASSAU STATE OF NEW YORK COUNTY OF ON THE :.31 SC' DAY OF MAY 2005, BEFORE ME PERSONALLY CAME Loo I .~ V~__.~_ ~..~l'o._ TO ME KNOWN, WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY THAT (S)HE,.E_.~F~SIDES~A~T l_ / ~ ~_.c,.v' 5-~. c.~. J~e.a_, THAT (S)HE iS THE )L~..c~, ,~_ ~ ~-- OF SUFFOLK PAVING CORP. THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION ary Public~ ON THE 25TH DAY OF MAY 2005, BEFORE ME PERSONALLY CAME THOMAS M. NILAND TO ME KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY TE[AT (S)HE RESIDES AT LIDO BEACH, NY THAT (S)HE IS THE ATTORNEY IN FACT OF WESTCHESTER FIRE INSURANCE COMPANY THE CORPORakTION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; THAT (S)HE KNOWS THE SEAL OF SAID CORPORATION; THAT ONE OF THE SEALS AFFIXED TO THE FOREGOING INSTRUMENT IS SUCH SEAL; THAT IT WAS SO AFFIXED BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY LIKE ORDER o ary Public GAYE CONKLIN Notary Public, State of New York No. 01004982812 Qualified in Nassau County .,.-, Commission Expires June 10, 20:'-~ WESTCHESTER FIRE INSURANCE COMPANY 1104285 Know all men by these presents: That WESTCHESTER FIRE I~SURANCE COMPANy, a corporation of the State of New York, having iQ ,4~ pursuant to the following Resolution, adopted by the Board of Directors of the said Company on November 8. 1999, to I I: ISI IS [ El\ amt JOI IN E. ! IARI $Y all recognizances, contracts and other writings in the nature thereof in panaRies P~t exceeding One Million Dollars ($1,000,000) the re.flatly elgvted officer~ of thc C~',fly at ':*.s ptin~i~al offic~i !iii!i ?i IN ~, I 1%l'h~; *A I ILRhOI, tim ;ia:d Stephen -,:',1WI-'SI'¢ I I'Sl ~R I:IRE I'~Sl'R X%('E ¢ DMPANY Notary Public c. me totegotng is a suostanfially tnle and correct copy. is in full force and effect. In witness whereox; I have hereunto subscribed my name as Secretary, and affixed the corporate seal of the Corporation, this 2 5 t h day of ~005 THIS POWER OF ATTOR2qEy MAY NO] BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER Ma~ 12, 200?. WESTCHESTER FIRE INSURANCE COMPANY FINANCIAL STATEMENT BONDS SHORT - TERM INVESTMENTS STOCKS REAL ESTATE CASH ON HAND AND IN BANK PREMIUM IN COURSE OF COLLECTION' INTEREST ACCRUED OTHER ASSETS TOTAL ASSETS De,ember 31, 2004 $1,363,863,132 24,549,145 0 0 5,338,440 117,395,478 15.34g,513 385~657~095 1,892,152,803 LIABILITIES RESERVE FOR UNEARNED PREMIUMS RESERVE FOR LOSSES RESERVE FOR TAXES FUNDS HELD UNDER REINSURANCE[ TREATIES OTHER UABILITIES TOTAL LIABILITIES $415,496,923 1,150,5,54,701 5,413,537 0 ,, (179~4921174) ' $113911972t987 CAPITAl' SPECIAL SURPLUS CAPITAL: 928,592 SHARES, $4.85 PAR VALUE CAPITAL: PAID IN SURPLUS (UNASSIGNED) SURPLUS TO POUCYHOLDERS $187,300,000 4,503,671 129,098,600 17g1277t545 50011791816 TOTAL $1,892,152,803 (*EXCLUDES PREMIUM MORE THAN 90 DAYS DUE.) STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John P. Taylor, being duly sworn, says that he la Visa President of Westchester Fire Insurance Company and that to the best of his knowledge and belief the foregoing is a true and correc~ statement of the said Company's financial condition as of the 31 st day of December, 2004. Sworn before me this 27th de~ of April12005. /short fon'ns 2003/wflc/ POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Named In sur~' '~lk Paving Corp. [Policy Symbol IPalicy Number ~e~cy Period ~ IBid Bond I May 25, 2005 SS[~(~ (Nam~ of I~ce Company) I Westchester Fire Insurance Company TO August 23, 2005 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. You should be aware that under the Terrorism Risk Insurance Act of 2002 ("The Act") effective November 26, 2002, any losses caused by certified acts of terrorism unde[' your existing coverage may be partially reimbursed by the United States under a formula established b~) federal law (applicability is subject to the terms and conditions of each individual policy). The Act was specifically designed to address the ability of businesses and individuals to obtain property and casualty insurance for terrorism and to protect consumers by addressing market disruptions and ensure the continued availability of terredsm coverage. Under the terms of The Act, you ma!/now have the right to purchase insurance coverage for losses arising out of acts of terrorism, as defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General of the United States-to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property; or infrastructure; to have resulte¢l in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals acting cn behalf of any foreign person or foreign interest, as par~ of an effort to coerce the civilian population of the Un/ted States or to influence the po]icy or affect the conduct of the United States Government by coercion. Responsibility for Compensation under The Act is shared between insurance companies covered by The Act and the United States. Under the formula set forth in The Act, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible, which is paid by the insurance company providing the coverage. We are providing you with the terrorism coverage required by The ACt. We have not established a separate price for this coverage; however the portion of your annual premium that is reasonably attributable to such coverage is: $0.00. Authorized Agent Thomas M. Niland TRIAl2 (5/03) 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. 352 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 7, 2005: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Gatz Landscaoine. Inc. in the amount of $46~300~ for the grading and seeding of the sports playing fields, at the Strawberry Fields Fairgrounds. 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 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFiFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 353 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 7, 2005: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to sign an Agreement between the Town of Southold and Gatz Landscaping Inc. in the amount of $46~300, for thc g~ading and seeding of thc new sports playing fields at Strawberry Field Fairgrounds, subject to the approval of the Town Attorney. 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 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFiFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING 2005 Strawberry Fields Grading & Seeding Bid Opening 6/2/05 10:00 A.M. Gatz Landscaping PO Box 45 Mattituck, NY 11952 Guillo Contracting Corp 3829 County Road Calverton, NY 11933 Norman Kurrass Contractor 264 Atlantic Ave E Patchogue, NY 11772 Ferrandino & Sons 84 Toledo Street E Farmingdale, NY 11735 Suffolk Paving 30 North Dunton Ave Medford, NY 11767 Landtek Group 235 Countyline Road Amityville, NY 11701 $ 46,300.00 $ 58,500.00 $ 85,000.00 $124,500.00 $194,000.00 $ 235,000.00 Invitation to Bid Grading and seedlBg of a New Sports Playing Field at Strawberry Fields FalrgrollndS Town of Southold SOUTHOLD, NEW YORK 11971 Date: May 4, 2005 ENGINEERING DEPARTMENT SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD INVITATION TO BID PROJECT: The clearing, grubbing, grading, seeding and field renovations for the construction of a new 250' x 650' sports playing field in the Northwesterly corner of Strawberry Fields Fairgrounds in Mattituck. The Town Board of the Town of Southold will receive bids for furnishing all materials and equipment as specified in the bid documents for the construction of a new, sports playing field in accordance with the Drawings & Specifications contained herein. Bids will be received at the otfice of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 2nd June 2005 Day Month Year All specifications are provided herein: drawings to be attached. 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 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Grading & Seeding - Sports Playing Field A-I 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 Labor, materials, plant, equipment, tools or other facilities, & to supply all materials 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 in these specifications. B. PROPOSAL GUARAN'rY 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 5% of the total bid, and made payable to the Town of Southold. As soon as the proposal price,,; 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. Grading & Seeding - Sports Playing Field B-1 E. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other tha~ 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 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 as stipulated herein. 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. 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 within ten (10) days 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. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK 1 , 2005, or the date stipulated in The contractor shall commencE; work on or after August st the notice to proceed given to him by the Town of Southold. The Contractor shall complete the clearing, grading, related soil work and shall commence seeding operations by the middle of September. The seeding operations shall be completed by October 1st, 2005. Grading & Seeding - Sports Playing Field B-2 PROPOSAL FORM Date: NAME of BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 1197~1 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: May 4, 2005, 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 for: Grading & Seeding of New 250' x 650' Sports Playing Field @ Strawberry Fields Fairgrounds "Northwesterly Corner" County Route 48, Mattituck, New York, 1'1952 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: ITEM # 1: GENERAL CONSTRUCTION FURNISH, CONSTRUCT, GRADE AND SEED A NEW 250' x 650' SPORTS PLAYING FIELD ALL IN ACCORCANCE WITH THE PLANS AND SPECIFICATIONS. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS NECESSARY TO CONSTRUCT A COMPLETE PROJECT 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) Grading & Seeding - Sports Playing Field D-1 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; Grading & Seeding - Sports Playing Field D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder') In accordance with Section 103-d Gsneral 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 eervices performed or to be performed or goods sold or to be sold, shall contain the followin~l statement subscribed to by the bidder and affirmed bysuch bidder as true under the penalties of perjury; non-collusive bidding certification. A. Bysubmission of this bid, esch 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 ~vell as the person signing in its behalf. C. Thst 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: be Grading & Seeding of New 250' x 650' Sports Playing Field (~ Strawberry Fields Fairgrounds "Northwesterly Corner" County Route 48, Mattituck, New York, 11952 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-thrae-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 I, 1965. Signature Grading & Seeding - Sports Playing Field E-1 T ~ E A M E R I C A I N S T I T U T E A R C H I T E C T $ AIA Document A201 General Conditions of the Contract .for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. 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 11. 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 Associated General Contractors of America. Copyright 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 material herein or substantial quotation o fits provisions without written permlssiofi of the AIA violates the copyright laws of the United States and will be subject tO legal prosecutions. CAUTION: You should uae 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. WAI~NG: Unlicensed photooof~ng vlol~e~ U.S. capy~ght b~'~ ~nd Is sulYiect to I~M pra~ec~on. A201-1~7 I INDEX Accep~nce of Nonconforming Work ......... '9.6.6, 9.9.3, 12.3 Acceptance of Wor~ ........... 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3 A~,~ to Work ........................... 3.16, 6.2.1, I2.1 Accident Prevention ..............................4.2.3, 10 ActsandOmissions ... 3.2.1,3.2.2,3.3.2,3.I2.8,3.18,4.2.3,4.3.2, 4.3.9, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Addenda ..................................... 1.1.1,3.11 Additional Cost, Claims for ......... 4.3.6,4.3.7,4.3.9,6.1.1, 10.3 Additional Inspections and Testing ....... 4.2.6,9.8.2, 12.2.1, 13.5 Additional Time, Claims for ............. 4.3.6,4.3.8,4.3.9,8.3.2 ADMINISTRATION OF THE CONTRACT ....... 3.3.3,4, 9.4, 9.5 Advertisement or Invitation to Bid ...................... 1.1.1 Aesthetic Effect ............................... 4.2.13, 4.5.1 Allowances ........................................ 3.8 AH-risk l~surance ................................. 11.3.1.1 Appllca6otm for Payment .. 4.2.5,7.3.7,9.2,3.3,9.4,9.5.1,9.6.3, 9.8.3, 9.10.I, 9.10.3, 9.10.4, 11.1.3, 14.2.4 Approvals .... 2.4, 3.3.3, 3.5, 3.10.2, 3.12.4 through 3.12.8, 3.18.3, 4.2.7, 9.3.2, 11.3.1.4, 13.4.2, 13.5 Arlaltt~ion ..................... 4.1.4,4.3.2,4.3.4,4.4.4,4.5, 8.3.1, 10.1.2, 11.3.9, 11.3.10 Ar~ldtoct .......................................... 4.1 Architect, Definition of ...............................4.1.t Architect, Extent of Authority ........ 2.4,3.12.6,4.214.3.2,4.3.6, 4.4, 5.2, 6.3, 7.1.2, 7.2.1, 7.3.6, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8.2, 9.8.3, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4 Architect, Limitations of Authority and ResponsibiUty 3.3.3,3.12.8, 3.12.11, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 4.3.2, 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, 11.3.1.1, 12.2.1, 12.2.4, 13.5.2, 13.5.3, 14.2.4' Archltocra Admlnt~r~on of the Contrsct .......... 4.2, 4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architect's ApprovaJ~ 2.4, 3.5.1, 3.10.2, 3.12.6, 3.12.8, 3.18.3, 4.2.7 Architect's Authority to Reject Wo[k .... 3.5.1,4.2.6, 12.1.2, 12.2.1 Architect's Copyright ............. . .................... 1.3 Architect's Decisions .......... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Architect's Inspections ........... 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2, 9.9.2, 9.10.1, 13.5 Architect's last ructions.. 4.2.6, 4.2.7, 4.2.8, 4.3.7, 7.4.1,12.1,13.5.2 Architect's Itlt erpretations ................. 4.2.11,4.2.12,4.3.7 Architect's On-Site Observations ........ 4.2.2, 4.2.5, 4.3.6, 9.4.2, 9.5. l, 9.10.1, 13.5 Architect's Project Representative ..................... 4.2.10 Architect's Relationship with Contractor ....... 1.1.2,3.2.1,3.2.2, 3.3.3, 3.5.1, 3.7.3, 3.11, 3.12.8, 3.12.11, 3.16, 3.18, 4.2.3, 4.2.4, 4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Architect's Relationship with Subcontractors .... l.l.Z, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 Architect '$ Representations ................. 9.4.2,9.5.1,9.10.1 Architect's Site Visits ........ 4.2.2,4.2.5,4.2.9,4.3.6,9.4.2,9.5.1, 9.8.2, 9.9.2, 9.10.1, 13.5 Asbestos .......................................... 10.1 Attocneys' Fees ........................ 3.18.1,9.10.2, 10.1.4 Award of Separate Contracts ........................... 6.1.1 Award of Subcontracts and Other Contracts for pordmm of the Work .............................. 5.2 Baafo Definitions .................................... 1.1 Bidding Requirements ................ 1.1.1, 1.1~7, 5.2.l, 11.4.1 Bollar ~nd Machinery Inaurance ..................... 11.3.2 Bonds, Lien ...................................... 9.10.2 Bonds, Performance and Payment ..... 7.3.6.4,9.10.3, 11.3.9, 11.4 Building Permit ................................... 3.7.1 Capttnll,'mtlon ....................................... 1,4 Certificate of Substantial Completion .................... 9.8.2 Cardflente~ for Payment ....... 4.2.5, 4.2.9, 9.3.3, 5.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Certificates of Inspection, Testing or Approval ..... 3.I2.11, 13.5.4 Certificates of Insurance .................. 9.3.2, 9.10.2, 11.1.3 Ch~ng~ Orders ...... 1.1.1, 2.4.1, 3.8.2.4, 3.11, 4.2.8, 4.3.3, 5.2.3, 7.1, 7.2, 7.3.2, 8.3.1, 9.3.1.1, 9.10.3, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2 Change Orders, Definition of .......................... 7.2.1 Ch~ .......... ................................. 7.1 CHANGES IN THE WORK .... 3. ] 1,4.2.8, 7, 8.3.1, 9.3.1. ], ] 0.1.3 Claim, Definition of ................................. 4.3.1 Claims and D~putea ................ 4.3,4.4,4.5,6.2.5,8.3.2, 9.3.1.2, 9.3.3, 9.10.4, 10.1.4 Clairol and T~nmly A~larllon of Claltl~ ............... 4.5,6 Clalm~ fo~ Addisorml Co~t ........ 4.3.6, 4,3.7, 4.3.9, 6.1.1, 10.3 ¢lalme for Addltfonal Time ............ 4.3.6, 4.3.$, 4.3.9, 8.3.2 Clalme for Concealed or Unknown Condi6ons ........... 4.3.6 Claims for D'~a~cs... 3.18, 4.3.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2, 10.1.4 Claims Subject to Arbitration ................. 4.3.2,4.4.4,4.5.1 Cleltl~ Up .................................. 3.15~ 6.3 Commencement of Statutory Llmitotfon Period .......... 13.7 Comm~cement of thc Work, Conditions Relating to ....... 2.1.2, 2.2.1, 3.2.1, 3.2.2, 3.7.1, 3.10.1, 3.12.6, 4.3.7, 5.2.1, 6.2.2, 8.1.2, 8.2.2, 9.2, 11.1.3, 11.3.6, 11.4.1 Commencement of the Work, Definition of ............... 8.1.2 Communications Facilitating Contxact Administt-Ation ........................ 3.9.1, 4.2.4, 5.2.1 Completion, Conditions Relating to ....... 3.11,3.15,4.2.2,4.2.9, 4.3.2, 9.4.2, 9.8, 9.9.1, 9.10, 11.3.5, 12.2.2, 13.7.1 COMPLETION, PAYMENTS AND .........................9 Comp]ct]on, 8ubst,~r'.ti~ ......... 4.2.9, 4.3.5,2, 8.]. 1, 8.].3, 8.2.3, 9.8, 9.9.t, 12.2.2, 13.7 Compliance with Laws ...... 1.3, 3.6, 3.7, 3.13, 4.1.1, 10.2.2, 11.1, 11.3, 13.1, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 Concealed or IJnknown Conditions ..................... 4.3.6 Conditions of the Contract .................. 1.1.1, 1.1.7,6.1.1 Consent, Written .................. 1.3.1, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.5.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3,10.1.2, 10.1.3, 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTI~C'fOI~ .............................. ].1.4,6 Con.struction Change DirecUve, Definition of .............. 7.3.1 Collatmctlon ¢lmnge Dh'e,,"~v~ .... 1.1.1,4.2.8, 7.1,7.3,9.3.1.1 Conatr uction Schedules, Contractor % ............... 3.10,6.1.3 ConEngent Assignment of Subcontmct~ ................ 5.4 Con6nulng Contract Pef/ormance .................... 4,3.4 Contract, Definition of ............................... 1.1.2 CONTRACT, TERMINATION CH SUSPENSION OF THE .................. 4.3.7,5,4.1.1,14 Contract Administ ration ..................... 3.3.3, 4, 9.4, 9.5 Contract Award and ExeCution, Conditions Relating to ...... 3.7.1, 3.10, 5.~, 9.2, 11.1.3, 11.3.6, 11.4~1 Contract Docoment~, The ....................... 1.1, 1.2, 7 Contract Documents, Copies Furn~hed and Use of... 1.3,2.2.5,5.3 Contract Documents, Definition o f ..................... 1.1.1 Contract Per folcmance During Athit ration ............ 4.3.4,4.5.3 Contract 8urn ................... 3.8, 4.3.6, 4.3.7, 4.4.4, 5.2.3, 6.1.3, 7.2, 7.3, [I.1, 9.7, 11.3.1, 12.2.4, 12.3, 14.2.4 Contm~ E~m, Definition of ............................ 6.1 Contract Time ................. 4.3.6,4.3.8,4.4.4,7.2.1.3,7.3, 8.2.1, 8.3.1, 9.7, 12.1.1 Cont tact Time, Definition of_ .......................... 8.1.1 2 A201-1987 AIA DOCOM~NT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * ©1987 THEAMERICANIHSTITUTI~OFARCHITECTS, 1735NEWYORKAVENUE, N.W.,WASHINGTON, D.C. 20006 WARNING: Unlicensed photo~lng vkdete~ U.S. copyright Isws ~ Is sub~ to legal fwom~uflon. CONTRACTOR ....................................... Cont;ac~or, DeflnRIon o£ ........... , .............. 3.1,6.].2 Cont factor'8 Con~tmctlon Schedule. ............. 3.10,6.1.3 Contractor's Employees ....... 3.3.2,3.4.2,3.8.1,3.9,3.18,4.2.3, ContrllctoCs LMblllty Insullnce ....................... 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces ...... 2.2.6, 3.12.5, 3.14.2, 4.2~4, 6, 12.2.5 Contractor's Relatior~ship with Subcontractors ....... 1.2.4,3.3.2, Contractor's Relationship with the Architect .... 1.l.2,3.2.1,3.2.2, Contractor's Representations.. 1.2.2, 3.5.1,3.1;L7, 6.2.2, 8.2.1,9.3.3 Contractor's Responsibility for Those PerfOrming the Work ................. 3.3.2, 3.18, 4.2.3, IO Contractor's Review of Contract Documents ...... 1.2.2,32,3.7.3 Contractor's Right to Stop the Work ...................... 9.7 Contractor's Right to Terminate the Contract .............. 14.1 Contractor's Submittals ....... 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, Cont tact or's Superintendent ...................... 3.9, 10.2.6 Contractor's Supervision and Construction Procedures ...... 1.2.4, 3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, 10 Cont tact ual Liability lnsurance ................. 11.1.1.7, 11.2.1 Coordination and Correlation ............... 1.2.2,1.2.4,3.3.1, CopiesFurnishedofDrawingsandSpeciflcations ... 1.3,2.2.5,3.11 Correction of Work ..................... 1.3,2.4,4.2.1,9,8.2, Cost, DC fruition o f ............................ 7.3.6,14.3.5 Costs .... 2.4,3.2.1,3.7.4,3.8.2,3.15.2,4.3.6,4.3.7,4.3.8.1,5.2.3, Cutthlg snd Pstchlng ........................... 8.14,6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, Damage to the Work ..... 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3 Damages, Claims for.. 3.18, 4.3.9, 6.1.1,6.2.5, 8.3.2, 9.5.1.2, 10,1.4 Damages for Delay .......... ........ 6.1.1,8.3.3,9.5.1.6,9.7 Date of Commencement of the Work, Definition of ......... 8.1.2 Date o f Substantial Completion, I)efinltton of ............. 8.1.3 Day, Definition of .................................. 8.1.4 Decisions of the Architect ...... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, Decisions to Withhold Cer tlflcatlon .......... 0.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction o f ............ 2.3, 2.4, 3.5.l, 4:2.1, Defective Work, Definition o f ......................... 3.5.1 Delays snd Extenslolts of Time .......... 4.!1.1,4.3.8.1,4.3.8.2, Disputes ............ 4.1.4,4.3,4.4,4.5,6.2.5,6.3,7.3.8,9.3.1.2 Documet~ts and Samples at the Site ...................... 3.11 Drawings, l)eflnition o f .............................. 1.1.5 Drawings and Specifications, Use and Ownershlp.~)f ..... 1.1.1,.1.3, Duty to Review Contract Documents and Field Conditions ..... 3.2 Effective Date of imsurance ...................... 8.2.2, 11.1.2 Em4rg~l~ ................................. 4.3.7,10,3 Employees, Contractor's .......... 3.3.2, 3.4.2, 3.8.1,3.9, 3.18.1, 3.18.2, 4.2.3, 4.2.6, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Equipment, Labor, Materials and .......... 1.1.3,1.1.6,3.4,3.5.1, 3.8.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 11.3, 12.2.4, 14 Execution and Progress of the Work ....... 1.1.3, 1.2.3, 3.2, 3.4.1, 3.5.1, 4.2.2, 4.2.3, 4.3.4, 4.3.8, 6.2.2, 7.1.3, 7.3.9, 8.2, 8.3, 9.5, 9.9.1, 10.2, 14.2, 14.3 Execution, COiTMatk)n snd Intent of the Contract Documents .......................... 1.2,3.7.1 Extensions of Time ............. 4.3.1,4.3.8, 7.2.1.3, 8.3, 10.3.1 Failure o f Payment by Contractor .............. 9.5.1.3, 14.2.1.2 Failure of Payment by Owner ................ 4.3.7,9.7,14.1.3 Faulty Work (See Defective or Nonconfom~ing Work) Final Completion and Final Psyment ........ 4.2.1,4.2.9,4.3.2, 4.3.5,9.10, 11.1.2, 11.1.3, 11.3.5, 12.3.1, 13.7 Financial Arrangements, Owner's ....................... 2.2.1 Fire and Extended Coverage Insurance ................... 11.3 GENERAL PROVISIONS ............................... 1 Governing Law .................................... 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials.: .......................... 10.1, 10.2.4 Identification of Contract Documents ................... 1.2.1 Identification o f Subcontractors and Suppliers ............. 5.2.1 Indemnification ....... 3.17,'~.10, 9.10.2, 10.1.4, ll.3.1.2, 11.3.7 Information ~nd Servlce~ Required of the Owner ..... 2.1.2,2.2, 4.3.4, 6.1.3, 6.1.4, 6.2.6, 9.3.2, 9.6.1, 9.6.4, 9.8.3, 9.9.2, 9.10.3, IO.1.4, 11.2, 11.3, 13.5.1, 13.5.2 Injury or Damage to Person or Property ................ 4.3,0 Inspections ......................... 3.3.3,3.3.4,3.7.1,4.2.2, 4.2.6, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1, 13.5 Instructions to Bidders .............................. 1.1.1 Instructions to the Contractor .... 3.8.1,4.2.8,52.1,7,12.1,13.5.2 Insurance ....... 4.3.9.6.1.1, 7.3.6.4, 9.3.2, 9.8.2, 9.9.1,9.10.2, 11 Insurance, Bo#er and Ma~llnery .................... 11.3.2 Innurance, CMltr~ctoes LMblllty ...................... 11.1 Insurance, Effective Date of ..................... 8.2.2, 11.1.2 }r~tlr~lc~, 1.o~80I t~N ............................. 11.3.3 Ir4urance, Owner's Liability ...................... , 11.2 In.umn~e, PropMty ..... ~ ..................... 10.2.5, 11.$ Insurance, Stored Materials .................... 9.3.2, 11.3.1.4 INSURANC~ AND BOND~ ............................. 11 Insurance Companies, Consent to Partial Occupancy . . 9.9.1, 11.3.11 Insurance Companies, Settlement with ................. 11.3.10 Intent o f the Contract Documents ................ 1.2.3,3.12.4, 4.2.6~ 4.2.7, 4.2.12, 4.2.13, 7.4 Integer ........................................... 13.0 IntSr~r~tstlorl ........ 1.2.5, 1.4, 1.5, 4.1.1,4.3.1, 5.1,6.12, 8.1.4 Interpretations, Written .................. 4.2.11,42.12,4.3.7 jolnder and consolidation of Claims Required ............. 4.5.6 Judgment on Final Award ................ 4.5.1,4.5.4.1, 4.5.7 Lsbor ~lRd M~tSl~, Equipment .... 1.1.3, 1.1.6,3.4, 3.5.1;3:8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 122.4, 14 Labor Disputes ..................................... 8.3.1 Laws and Reg~Jlations ....... 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.5.5, 4.5.7, 9.9.1, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6 IAens .................. 2.1.2,4.3.2,4.3.5.1,8.2.2,9.3.3,9.10.2 LIm#atlon on Consolldstlon or Jolnder ................ 4.5,5 Limitations, Statutes of ................... 4.5.4.2, 12.2.6, 13.7 Limitations of Authority .................... 3.3.1,4.1.2,4.2.1, 4.2.3, 4.2.7, 4.2.10, 5.2.2, 5.2.4, 7.4, 11.3.10 A201-1987 3 Limit ations of Time, General ........... 2.2.1,2.2.4,3.2.1,3.7.3, Limitations of Time, Specific ......... 2.1.2,2.2.1,2.4,3.10,3.11, Lo~ of Use Ineuranne ............................. 11.3.3 Matecial Suppliers .............. 1.3.1,3.[2.1,4.2.4,4.2.6,5.2.1, MateriaLs, Hazardous ........................... 10.1, 10.2.4 Materials, Labor, Equipment:md ..... 1.1.3,1.1.6,3.4,3.5.1,3.8.2, Mear~% Methods, Techniques, Sequences and Procedures of Construction ...... ,... 3.3.1,4.2.3,4.2.7,9.4.2 Minor Change~ in the Wot~ .......... 1.1.1,4.2.8, 4.3.7, 7.1, 7.4 MISCELLANEOUS PROVISIONS ........................ 13 Modifications to the Contract ........... 1.1.1, 1.1.2, 3.7.3, 3.1 I, Mutual Re~oonslb#lty ................................ 6.2 Nonconforming Wo¢~, A~'neptonce of .................. Nonconforming Work, RejecOon and Correction of ........ 2.3.1, Notice ............. 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3.9,3.12.8, Notic:e, Writ~n ............... 2.3,2.4,3.9,3.12,8,3.12.9,4.3, Notice of Testing and Inspections ................ 13.5.1, 13.5.2 Notice to Proceed ...................................8.2.2 Notlce~, Permits, F~ and ...... 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 Observations, Architect's On-Site ................. 4.2.2, 4.2.5, Observations, Contractor's ....................... 1.2.2, 3.2.2 Occupancy ......................... 9.6.6, 9.8.1,9.9, 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, Orders, Written ............ 2.3, 3.9, 4.3.7, 7, 8.2.2, 11.3.9, 12.1, OWNER ............................................. 2 Owncr, Definition of ................................. 2.1 Owner, Information and Services Required of the ........ 2.1.2, Owner's Financial Capability ................... 2.2.1,14.1.1.5 Owner's Liability Insumnce .......................... 11.2 Owner's Lo$s of IJse lnstlrallce ........................ 11.3.3 Owner's Relationship with Subcontractors ....... ~..~ .... 1.1.2, Owner's Right to Carry Out the Work ........ 2.4, 12.2.4, 14.2.2.2 Owner'a Right to Clean Up ............................ 6.3 Owner's Right to Perform Construction and to Award Separate Contracts ................ ........ 6,1 Ownsr'a Right to Stop the WOrt( ................... 2.3,4.3.7 Owner's Right to Suspend the Work~. .................... 14.3 Owner's Right to Terminate the Contract ................. 14.2 Ownemhlp and Use of Architect's Drawings, Specifications and Other Documents ................ ] .l.l, 1.3, 2.2.5, 5.3 Partial Ocou~n~ or [.ts8 ................. 9.6.6, 9.9~ 11.3.11 Patohlng, CutUng and .......................... 3.14, 6.2.6 Patonts, Royalties and .............................. 3.17 Paymont, Appllca'on$ for ................ 4.2.5,9.2,9.3,9.4, 9.5.1, 9.8.3, 9.]0.1, 9.]0.3, 9.10.4, 14.2.4 Payment, Cortlflnste~ for ........... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, F~llur~ of .......................... 4.3.7, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2 Payment, Fiflal ........... 4.2.1,4.2.9,4.3.2,4.3.5,9.10, 11.1.2, 11.1,3, 11.3.5, 12.3.1 Payment Bond, PeKormance Bond and ............. 7.3.6.4, 9.10.3, 11.3.9, 11.4 Payments, Progress .......................... 4.3.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 PAYMENTS AND COMPLETION ...................... 9, 14 Payments to Subcontractors ................... 5.4.2,9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 11.3.8, 14.2.1.2 PCB .............................................. 10.1 Per formance Bond and Payment Bond .................7.3.6.4, 9.10.3, 11.3.9, 11.4 Pal'mlts, F~ and Notlc~l ....... 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ............ 10 Polychlorinatcd Bipheny! ............................. ]0.1 Product Data, Definition o f ........................... 3.12.2 Product COts m~d Simples, Shop Drawings .... 3.11,3.12, 4.2.7 Pro~r~8~ ond Come,oR ................... 4.2.2, 4.3.4,9.2 Progress payments ............................ 4.3.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 Project, Definition of the ............................ 1.1.4 P ro~t MIuIU&l, Delrmition o f the ...................... 1.1.7 Project Manuals ....................................2.2.5 Project Representatives ............................. 4.2.10 Property Inetiranne ........................... 10.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY ............. 10 Regulations and Laws ............ 1.3, 3.6, 3.7, 3.13, 4. ]. 1, 4.5.5, 4.5.7, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 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, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1 Representatives. ~ ......................... 2.1.1,3.1.1,3.9, 4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Rnsolutlon of Ctslm$ and Disputns .................. 4.4, 4.5 Rcsponsibllity for Those Pcrforming thc Work ............ 3.3.2, 4.2.3, 6.1.3, 6.2, 10 RetaJnage ............... 9.3.1,9.6.2, 9.8.3, 9.9.1,9.10.2, 9.10,3~ Review of Contmcl Documents and Ftsld Conditions by Contracfor ............ 1.2.2,8.2, 3.7.3, 3.12.7 Review of Contractor's Submittals by Owner and Architect ............. 3.10.1,3.10.2,3.11,3.12, 4.2.7, 4.2.9, 5.2.1, 5.2.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor ........................ 3.12.5 Rights lind Remedies ............. LI.2, 2.3, 2.4, 3.5.1,3A 5.2, 4.2.6, 4.3.6, 4.5, 5.3, 6.1, 6.3, 7.3.1, 8.3.1, 9.5.1, 9.7, 10.2.5, 10.3~ 12.2.2, 12.2.4, 13.4, 14 Royalties and P~onts ............................... 3.17 4 A201-1987 Rules and Nctices for Atoltratlon ..................... 4.5.2 Safety of P®mons and Property ....................... 10.2 SafMy Precautions and Programs ........... 4.2.3,4.2.7,10.1 Samples, Det~.nttion o f .............................. 3.12.3 Ssmple~, Shop Drewltlg~, Product Data and ... 3.11,3.12, 4.2.7 Samples at tim Site, Documenta end .................. 3.11 8~-'hedule of Values ............................. 9.2, 9.3.1 Schedule$, Constructior~ .............................. 3.10 Separate Contracts and Contractors .......... 1.1.4,3.14.2,4.2.4, 4.5.5, 6, 11.3.7, 12.1.2, 12.2.5 Shop Drawings, Definition of ......................... 3.12.1 Sho~ DrswIngl, Product DI~ &nd Samples .... 3.11,3.12,4.2.7 Site, U~ of .............................. 3.'t3, 6.1.I, 6.2.1 St~e Inspections ... 1.2.2, 3.3.4, 4.2.2, 4.2.9~ 4.3.6, 9.8.2, 9.10.1, 13.5 Site Visits, Archttect's .................4.2.2,4.2.5,4.2.9,4.3.6, 9.4.2, 9.5.1, 9.8.2, 9.9.2, 9.10:1, 13.5 Special Inspections and Testing .............. 4.2.6, 12.2.1, 13.5 SI~I~:~IOf~, Definition o f the ....................... 1.1.6 · Specifications, The .......... 1.1.1,1.1.6, 1.1.7, 1.2.4, 1.3,3.11 Statutes of Limitations .................... 4.5.4.2, 12.2.6, 13.7 Stopping the Work ............. 2.3,4.3.7,9.7, 10.1.2, 10.3, 14.1 Stored Materiais ........... 6.2.1,9.3.2, 10.2 1.2, 11.3.1.4, 12.2.4 Subcontractor, Definition o f ........................... 5.1.1 SUBCONTRACTORS .................................. Subcontractors, Work by .................. 1.2.4, 3.3.2, 3.12.1, 4.2.3, 5.3, Su[t~ontrectt~l RelctlOl~ .............. 6.11, 5.4, 9.3.1.2, 9.6.2, 9.6.3, 9.6.4, 10.2.1, 11.3.7, 11.3.8, 14.1.1, 14.2.1.2, 14.3.2 Submittals ......... 1.3, 3.2.3, 3.10, 3.11,3.11!, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3.l, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 1 1.1.3 Subrogation, Waivers of ................. fi. 1. l 1 ! 3 5 11.3.7 Sub~tactlal Coml~ctlon ............. 4.2.9,4.3.5.2,8.1.1,8.1.3, 8.2.3, 9.8, 9.9.1, 12.2.1, 12.2.2, 13.7 SubstantiaJ Completion, De fruition o f ................... 9.8.1 Substitution of Subcontractors .................... 5.2.3, 5.2.4 Substitution o f the Architect .......................... 4.1.3 Substitutions o f Materiais ............................ 3.5.1 Su~subcontractor, Definition o f ....................... 5.1.2 Subsur face Conditions ............................... 4.3.6 Succe~om and A~lgn~ ............................ 13.2 Su~)~Hct~P,d~tt ............................... 3.3, 10.2.6 Supervision and Construction Procedures ...... 1.2.4,3.3,3.4, 4.2.3, 4.3.4, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 10, ]2, 14 Surety ............... 4.4.1,4.4.4,5.4.1.2,9 10.2,9.10.3, ]4.2.2 Surcty, Consent of ....................... 9.9.], 9.10.2, 9.]0.3 Surveys .................................... 2.2.2,3.18.3 Suspension by 1h$ Owner for Convenience ............. 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 Taxes ...................................... 3.6, 7.3.6.4 Termination by the Contractol' ........................ 14.1 TermlnaU~an by the Owner for Cause ............. 5.4.1.1,14.2 Ternfination of the Architect .......................... 4.1.3 Termination of thc Contractor ........................ 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT ...... 14 Te~t~ snd In~pectlorm ..... 3.3.3,4.2.6,4.2.9,9.4.2, 12.2.1,13.5 TIME ............................................... 6 Time, Delays $nd ExtenMons of .............. 4.3.8, 7.2.1, 8.3 Time LIIhlta on Claims ......... 4.3.2,4.3.3,4.3.6,4.3.9,4.4,4.5 Titie to Work ................................. 9.3.2,9.3.3 UNCOVERING AND CORRECTION OF WORK ............. 12 Uncovering of Wo~t( ................................ 12.1 Unforeseen Conditions .................... 4.3.6, 8.3.l, 10.1 Unit Prices ................................. 7.1.4,7:3.3.2 Use of Docurnents ................. 1.1.1, 1.3, 2.2.5, 3.12.7, 5.3 V$1U~, ,~q~dule of ............................ 6.2~ 9.3.1 Welv~' of Claims: final P~yment ........... 4.3.5, 4.5.1,9.10.3 Waiver of Claims by the Architect ..................... 13.4.2 Waiver of Claims by the Contractor ......... 9.10.4, 11.3.7, 13.4.2 Waiver of Clah~s by the Owner .............. 4.3.5, 4.5.1,9.9.3, Waiver of Llefls .................................. 9.10.2 Waivers of Subrogation ................... 6.1.1, 11.3.5, 11.3.7 W~t$cty and War ran ties ......................... 3.5, 4.2.9, Weather Delays ................................... 4.3.8.2 When Arbitration May Be Demanded .................. 4.5.4 Work, Definition of ................................. 1.1.3 Written Consent .............. 1.3.1,3.12.8,3.14.2,4.1.2,4.3.4, Written Interpretations ................... 4.2.11,4.2.12,4.3.7 Wttt~ll Nctlce .... ....... 2.3,2.4,3.9,3.12.8,3.12.9,4.3,4.4.4, Wrilten Orders .............................. 2.3,3.9,4.3.7, A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS 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 issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed 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 emLmerated 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, tile Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract f~r 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 Documents shall not be construed to create a contrac- tual relationship of any kind (1) between the Architect and 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 t:acifitate perforu~ance 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 construction 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 whelaever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS ~ The Spedficatlons 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 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the binding 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 famil- iar with local conditions under which the Work is to be per- formed and correlated persodal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Document~ is to Lqdude all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance Dy the Contractor shall be required only to the extent congtstent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor Lq dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used Lq the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DOOUMENT$ 1.$.1 The Drawing& Sped~c~tions and other do,mmen~ prepaid 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 retMn one contract record set. Neither the Contractor nor any Subcontractor, 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 re. served rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be retumed 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, are for use solely with re$pect 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 A201-1~7 Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. Ail 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 in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions inClude those which are (1) specifically defined, (2) the titles of num~ bered at'tides and identified references to Pm~agraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Instil:ute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "all" a~ad "any" and arti- cles such as "the" and "an," but the fact that 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 Documents as if singular in number. The teru~t "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, g~ve notice of or enforce mechanic's lien rights. Such information shah include a correct statement of the record legal title to the property on which the Project is located, usually referred I:o as the site, and the Owner's interest ther(m at the time of execution of the Agreement and, within five days after any ch;Lnge, information of such change in title, recorded or unrecorded. 2.2 INFORMATIOH AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the ,Contractor, prior to execution of the Agreement and promptly Ii'om 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 ~Orior to the execution of the ~t,-~the p~pective contractor would not he required to execute the Agreement or to commence the Work.] 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the sire. 2.2.3 Except for permits and fees which are~he responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, ezsements, assess- ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in 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 in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 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 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 1 1 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently 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 writing, 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 fight 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 thc 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 written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the C~ontractor a second written 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 eom mence and continue to correct any deficiencies, the Owner may, without prejudice 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 ~illure. 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. 3.1 DERNITION ARTICLE 3 CONTRACTOR 3.1.1 The Contractor is the pep,on 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 REVIEW OF CONTRACT DOCUMENTS AND FIELD 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, i~tconsistencies or omissions discovered, The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tendes or omissions in the Contract Documems unless the Contractor recognized such error, incol~sistency 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 omission in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility far such perfor~ mance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and vet:if,/ field conditions and shall carefully compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistendes 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, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 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 relieved of obligations to per- form ihe Work in accordance with the Contract Documents either by activities 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 Contractor. 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition ~Io 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 faciliries and services necessary for proper execution and Completion of the Work, whether temporary or permanent and whether or not incorpo- rated or to be incorporated in the Work, 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and nther persons carrying out the Contract. The Contractor sh~fi not permit employment of unfit persons or persons not skilled in/~asks assigned to them. 3.5 WARRANTY 3,$.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 quafity 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 satisfactory 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 simil~ taxes for the Work or portions thereof 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 Unless 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 customarily secured after execution of the Contract and which are legally required when bids are received or nego- tiations concluded. 3.7.2 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. 3.7.3 It is not the ContFactor's responsibiliW to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and roles and regula- tions. However, if the Contractor observes 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 Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3,8.1 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 entitie~ as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable obj0ction. 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an aflowance 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 trade discounts; 8 A201-1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and I~ isubJec~ to legal pro~ect~on. .3 Contractor's costs for unloading and hanriling at the site, labor, installation costs~ ow.~rhead, profit and other expenses contemplated for stated allowance amounts shaJl he included 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 a.ctual costs and the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.8.1 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 il? given to the Con- tractor. Important communications shall be conllrmed in writ- lng. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 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 constmction 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 ~md keep current, for the Architect's approval, a schedule of submittal.,; which is coordi- nated with the Contractor's constmction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMEHTS AND SAMPLES AT THE 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 complelion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagran:ts, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufac~Iurer, supplier 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 marerials or equipment for some portion of the Work. 3.12.3Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Sample; and similar sub- mittals are not Contract Documents. The purpose of their 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 submittals 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 requWmg 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 By approving and submitting Shop Drawings, 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. 3.12.8 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 spe&u°lc deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, 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 Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteda of materials, systems or equipment is required by the Comract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, orclhmnces, 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 such construction by the A201-1987 9 WARNING: Unlicensed photocopying violates U.S. copyright taws and Is subject to legal prosecution. 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- ir/g area 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 suqolus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall he 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 PATENTS 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 has rea- son to believe that the requh'ed 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 law, the Contractc~r shall indenmif~ 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- ing but not limited to attorneys' fees, arisfug out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction 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 oruissions of the Contractor, a .Subcontractor, anyone directly 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 ss to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entit?' indemnified under this Paragraph 3.18 by an employee of the: Contractor, a Subcontractor, anyone directly or indhectly emp][oyed 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, co~npensation 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. , 3.15.3 The obligations of the Contractor under this paragraph 3.18 shal/not extend to the liability of the Archit~zt, 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 The 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 if gmgular in number. The term "Architect" means the Architect or the Architect's authorized representative. 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 ADMINISTRATION OF THE CON'TRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will 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 will advise and consult w/th the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality 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 inspections 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 will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's respons~ility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 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 tractor, Subcontractors, or their agents or e;nployees, or of any other persons performing portions of the Work. 4.2.4 Gommunlcaflons Facilitating Gontmct Admlnlatra- tlon. Except as otherwise provided in the Contract Documents or when direct communications have been specially antho- rived, 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. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect v, rfli review and certify the amounts due the Contractor and v/ill 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 Docume. nts. 'Whenever the Architect considers it necessax'y 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, insulled or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or nnt 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. 4.2.1 The Architect will review and approve or take other appropriate action upon thc Contractor's submittals such as Shop Drawings, Product Dam and Samples, but only for the limited purpose of checking for conformance with information given and 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 purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instmctinns 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 Cnntractor'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. 4.2.8 The Architect will conduct in'spections to determine the date or dates of Substantial Completion and the date of lmal completion, will receive and forward to the Owner for the Owner's review and record~ written warr~,~qties and related documents required by the Contract and assembled by the Contractor, and will issue a fmal Certificate for Payment upon compliance with the requirements of the Co~ltract Documents. 4.2,.18 If the Owner and Architect agree, the Arehitect will pro- vide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents~ 4.2.11 The Architect will interpret and decide matters 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 reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time vTJthin which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and deciglons 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 form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure falthfi~l 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 decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Comract Documents. 4.3 Ct,AIMS AND DISPUTES 4.3.1 Deflnlflofl. A Claim is a demand or assertion by one of the parties seeldng, 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 must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Decision of ArchltacL 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 fiual payment is due, ~gasdless of(l) 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 Architect 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 after 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 meehanic*s lien. 4.3.3 Time Umlts on Claims. Claims by either party must 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 claim, 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. A201-1987 11 4.3.4 ConSnuing Contract Perfomlance. Pending final reso- lution of a Clarion including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract mad the Owner shall continue to make payments in accordance with the Contract Documents. 4.3,5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encl.lmbrances aris- ing out of the Contract mad unsetded; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required hy the Contract Documents. 4.3.6 Claims fo~ Concealed or Unknown Conditions. If con- ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party prompdy before conditions are disturbed and in no event later than 21 days after first observance of the condirions. The Archi- rect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the cottditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justifted, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination' must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuam to Paragraph 4.4. 4.3.7 Claims for Additional Co$t. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited tn (l) a written intecpretatlon from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at ~,anlt, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) tern:tination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 if the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progre~ of the Work. In the case of a continuing delay only one Claim is necessary. 4;3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shaU be documented by data substantiating flint 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 sched~ed construction. 4.3.9 Injury or Damag~ lo Person or Property. If either party to the 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 agents, 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 filed as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF C~AIMS AND DISPUTES 4.4.1 The Architeet will review C~ and r~e one or more of the following preliminary actions within ten days of receipt of ~ Claim: (]) request additional supporting data from the claimant, (2) submit a schedule to the pa~des indicating when the Archi- tect expects to rake action, (3) reject the ClaSh in whole or in part, stating ressous for rejection, (4) recommend approval off thc Claim by the other p~ or (5) surest a compron~e. The Architect may a~o, but is not ob]Jilted to, notify tbe surety, ir any, of the nature and amount of the Claim. 4.4.2 Ifa C~m has b~n r~oived, thc Architect ~ prc~p~e or ob~n appropriate documentation. 4.4.3 If a Claim has not been resolved, the party 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 dam 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, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies lind Clalm8 Subject to AIt~tratlon. 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 baying 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 ha~ 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. 12 A201-1987 4.5.2 Rute~ and Notices for Atoltmlion. C~tms between the Owner and Contractor not resolved under Paragraph 4.4 shall, ff subject to arbitration under Subpanagrapb 4.5.1, be decided by arbitration in accordance with the Constmction Industry Arbitration Rules of the American Arbitration Association 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 tile Owner and Con- tractor and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.5.3 Contract Performance Dudng A~tmtlo~. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3,4. 4.5.4 When Arb~ra~ofl M$~ ~ D~l~lnd~d. Demand for arbi- tration of any Claim may not be made until the earlier of(l) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to the Architect or have beraa 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 tm.al 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 whida the ~ making the demand receives the final written decisiLon, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon file Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, and in other cases vdthin a reasonable time after the Claim has 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 Commlk~tlon or Joind~'. NO arbitration arising out of or relating to the Contract Documents shall include, by consolidation or jcCmder 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. l, io arbitration shall include, by consolidation or joinder or in arty other manner, parties other than the Owner, Contractor, a separate contraC- tor as described in Article 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, Conttactor or a separate contractor as desctibed in Article 6 shafi be included as 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 sh~ll not constitute consent to arbitration ora dispute not described therein or with a person or entity not named or de~dbed ,therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly con~!nted to by parties to the Agreement shall be specifically enforoz~ble under appli- cable law in any court having jurisdiction thereo£ 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in the demand ail 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 has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment 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 jurisdiction thereof. ARTICLE 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 authorized 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-subcontractor" is referred to throughout the Contract Documents as if singulm' in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect tO reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect bas reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION A~A® * ©lg$7THEAMERICANiNSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N,W,,WASHINGTON, D.C. 2OO06 A201-1987 13 WARNING: Unlicensed photocopying violates U.S. copyr~ laws and is m~Ject to legal ixo~ect~lon. 5.3 SUBCONTRACTUAL RELATIONS 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 Dy 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 preserve and protect the fights of the 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 allow to the Subcontractor, unless specificaliy provided otherwise in the subcontract agreement, the' benefit 6f all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor sh:zil 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 teems and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcnntractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subconnactors. 5.4 CONTINGENT ASSIGNMEHT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner 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 notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior tights of the surety, if any, obligated under bond relating tn the Contract. 5.4.2 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 CO~qI'P, ACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection w~ith 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 ir~urance and waiver of subrogation. If the Contractor claims 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 Docfftuents 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 forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so~ The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a j(/mt 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 forces, 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, 1l and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con tractors reasonable opportunity for introduction and storage of th(nc 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 shall, 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 resultsl Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed ut 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 prompdy remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to propeccy of the Owner or separate contractors as provided in Subparagraph 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 itl Paragraph 3.14. 6.3 OWNER'S PJGHT TO CLEAN UP 6.3.1 If a dispute arises anlong the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for maintah~ng the premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3.15,~he Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201-1987 WARNING: Unlicensed photocopying violates U.S. oopyrlght ~ and Is eubJe~ to/egal pro~e~lon. ARTICLE 7 cHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidar~ing 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. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a C,onstruction 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. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documen~is, 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. 7,1.4 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- stmction 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, Cont~tctor and Architect, stating their agreement upon all of the folk)wing: .1 a change in the Work; .2 the amount of the adjustment in t]he Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjnstmcnts to the Contract Sum may include those listed in Subpalagraph 7,3.3. 7.3 CONSTRUCTION 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. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the zerms 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 substarltiating 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, 7.3.8 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ~ lng 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~ 7.3.8 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 cfiange, 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 this 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 custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, incind~ lng cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or ~mailar taxes related to the Work; and .5 additional co$ts of supervisinn 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. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 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 conceming the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. AIA DOC~dENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7'.4.1 The Architect w/~l have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not incor~;istent 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 Contmctor 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 Substanrial 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 specifical/y defined, 8.2 PROGRESS ANO COMPLETION 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 reasonabie period for performing the Work, 8.2.2 The Contractor shall not knowingly, except by agree- merit or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere pdor to the effectiv~ date of insurance required by Article 1 1 to be fu~nished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unles~ 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. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work 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 Contractorls 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 the first 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 sup- ported by such data to substantiate its accuracy 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 Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedu/e 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 rerainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applicatious 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, 9.3.1,2 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 of a dispute or other 9.3.2 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. Payment 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 PaYment 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, secudty 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 Work. 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 WARNING: Unlicensed photooo~ng violates U.S. c~flyrlght laws and is subject to legal peosecutlon. 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~. The issuance of a Certificate for P, ayment will constitute a representation by the Architect to the Owner, based on the Architect's observations 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 deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entiflecl to payment in the amount certified. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received horn 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 Sum. g.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to tine 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 cannot agree on a revised amount, 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 paym~mt or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certiffcate for Payment previously issued, to such extent as may I:¢ necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party 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; .6 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 anticil~ted delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be lnade 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. 9.6.2 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 Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.$ 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 otherwise be required by law. 9.9.6 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 Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor 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 additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of ~he Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 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 Work for its intended use. 9.9.2 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- A201-1987 17 nated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantlal Completion, shall establish responsihilities of the Owner and Contractor for security, maintenance:, heat, utilities, damage to the Work and insurance, and shall fix the time wifi~dn which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Subst:mtial Comple- tion. The Certificate of Substantial Completion shall be sub- mitred to the Owner and Contractor for their written aceep- tance of responsibilities assigned to them in such Certificate. 9.8.$ Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Ovo~er shall t~take payment, reflecting adjostment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 a:nd authorized by public authorities havin~ jurisdiction over the Work. Such partial Occupancy or use may commence whether or not the ' portion is substantially complete, provided the: Owner and Contractor have accepted in writing the responsibiliries assigned to each of them for payments, retainage ff any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- reetion of the Work and commencement of warranties requlic~ by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shah not be unreasonably withheld. The stage of the progress of the Work shall be determined by written ag~e- ment between the Owner and Contractor or, ffno agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy' or nsc, the Owner, Contractor and Architect shall Jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. Ifa Subcon tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnifT the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.'10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and eertification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shah be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall eonstitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5. 18 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA~ · ©1987THEAMERICANINSTITUTEOFARCN1TECTS, 1735NEWYORKAVENUE, N.W.,WASHINGTON, D.C. 20006 WARNING: Gnlicem~d photocopying violates U.S. copyright law~ and la subject to legal prosect~on. ARTICLE 10 PROTECTION OF PERSONS ANr~ PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGFIAMS 10.1.1 The Contractor shall be responsible for initiating, main- raining and supervising afl safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encountera on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shaft immediately stop Work bi the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shaft not thereafter be resumed except by written agreement of the Owner and Contractor if in fact tbe material is asbestos or polychiorinaled biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbesros or polychlori- nated biphenyl (PCB), or when it has been !~:ndered harmless; by written agreement of the Owner and Contractor, or in accordance with final determination by the .~krehitect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (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 Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner 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 ~:luce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable: precautions for safety of, and shaft provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other Izersons who may be affected thereby; .2 the Work and materials and equipmem to be incorpo- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontrac- tora; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pave~l'~eflts, roadways, structra~ and utilities not designated :for removal, relo- cation or replacement in the course o:~' constmct~n, 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2,3 The Contractor shaft erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous mate]~mls or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shaft promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damag~ or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shaft designate a responsible member of the Contractor's organization at the site whose duty shaft be the prevention of accidents, This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shaft not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on acentmt of an emergency shall be determined as provided in paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shaft parchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the ContractOr from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee beflefff acts which are applicable to the Work to be perfotrnech AIA DOCUMENT A20t * GENERAL CONDITIONS OF THE CONTRACT [:OR CONSTRUCTION · FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NL%~ YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocepylng violates U.S. copyright laws and is subject to legal prosecution. A201-1987 19 .~' claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .8 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 Il) by a person as a result of an offense directly or indirectly related to etnployment of such person by the CDntractnr, or (2) by another person; .5 claims for damages, other than to tile Work itself, because of injury to Or destruction of tangible prop~ erty, including loss of use resulting therefrom; .5 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .? claims involving contractual liability insurance appli- cable to the Contractor's obligations reader Paragraph 3.18. 11.1.2 The insurance required by Subparagraph 11,1.1 shall be written 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 final payment and termination of any coverage required to be main- talned after final payment. 11.1.8 Certificates of h~surance 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 not be cancelled or allowed to expire until at least 30 days' prior written notice Ihas been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the filml Application for Payment as required by Subparagraph 9.10.?. Information concerning reduction of coverage shall be fnrnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belie£ 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purehasing and maintaining thc Owner's usual liability insurance. Optionally, thc Owner may purchase and maintain other insurance for self- protection against claims which may adsc 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.-'1 PFIOI~RTY INSURAN(~ 11.$.~ Unless otherwise provided, the Owner shall purchase and maintain, in a company or compaqies lawf<tgy 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 tlhereto for the entire Work at the site on a replacement cost basis without vol- untary deductibles. Such property insurance shall be main- talned, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons ami entities who are beneficiaries of such insurance, until final payment has been made as provided in paragraph 9.10 or until no person or entity 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 perils of t~ffe 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 unless otherwise provided in the Contract Documents, 11.$.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described 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 Work, 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 properly 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 insurance with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not 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.$.1.4 Unless otherwise provided in the Contract Docu~ merits, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transR., 11.3.2 Bo#er .and Machineo/ Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until £mal 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~S of [.1s~ Instlrance. 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 risks 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 AIA DO~.$~T ~A2~1 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTIgENTH EDITION AIA~ · © 1987 THE ~MERICAN INSTITUTE OF ARCHITECTS, 1735 NI~W YORK AVENUE, N.W., WASHINGTON, D.C. 20(}(16 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 ail rights in accordance with the terms of Subpazagraph 11.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall £fle 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 and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed m expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Walvee$ of Subrogation. The Owner and Contractor waive ail rights against (1) each other and any of thek subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable m 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-subcontractors, agents and employees of any of them, by approptiate 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 dan~ged. 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 shall 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 jt~ which case the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreemem is made, replacement of darn- 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 fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is 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 partiai occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furrdsh 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 appearing to be a potential beneficiary of bonds covering payment of obliga- tions 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 portion 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 th~ Contract Time. 12.1.2 If a portion of the Work 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 Comract 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 reje~:ted 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 necessary thereby. 12.2.2 If, within one year after the date of Substantial Comp!e- tion of the Work or designated portion thereof, or aRer the date A201-1987 21 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 correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously 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 after Substantial Completion by the period of time between Substan- tim Completion and the achial 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 shall give such notic~ 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 Contract Documents and are neither corrected by the 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 fixed by written 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 services and expenses made necessary thereby. If such procceds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufl'lcient to cover SUch amount, the Contractor shall pay the diffew-.nce to the Owner. 12.2.5 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 thne 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 the 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 De commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correet the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work w]aich is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of reqnlring its re~moval and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall De 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 Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such 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 party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served 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 registered 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 writing. 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- ing 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. 13.6.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requlrtmaents established by the Contract Documents, the Contractor :;hall 15ear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.6.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, 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 Architect will do so promptly and, where practicable, at the normal 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 th{: Contract Docu- ments shall bear interest from the date paym~mt 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 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractnr: .1 B~for. Sut~tontbl Completion. As to acts or failures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shall commence to nm and any alleged cause of action shall be deemed to have accrued in :my and all events not later than such date of Substantial Completion; .2 Between Sul~.tantlal Completion and Final Certifi- cate roi' PllymenL As to acts or failiffes to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance olF the final Certifi- cate for Payment, any applicable statute of limitations shall commence to run and any :alleged cause of action shall be deemed to have accrued in any and all events not later than the date of isstmnce of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the reJevant date of issu- ance of thc final Certificate for Payment, any appli- cable statute of limitations shall commence to nm and any alleged cause of action shall be deemed to have accrued in any and all events not later than thc date of any 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 thc Contractor under Paragraph 12.2, or thc date of actual commission of any o'fber act or failure to perform any duty or obligation by thc Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 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 Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act ofgovernment, such as a declaration of national emergency, making material unavailable; .3 because the ArchRect 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 ff repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 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 less; or .6 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.~' If one of the above reasons exists, the Contractor may, upon seven additional clays' 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, tools, and constmction equipment and machinery, including reasonable overhead, profit and 14.1.3 If the Work is stopped for a period of 60 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 under 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 terminate the Contract if the Contractor: .1 persistendy or repeatedly refuses or fails to supply enough 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 substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to ins- Al& DO{~l~e.l~' A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVI~NUE, N.W,, WASHINGTON, D.C. 20006 A201-1987 23 tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, ff any, seven days' writtCtl notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipmtent and machin- ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .$ finish the Work by whatever reasomtble 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, indudi~_g compensation for the Archi- tect's services and expenses made n. ecessary 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 mount 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 shaU survive termina- tion of the Contract. 14.3 S~P~K)N BY TIlE OWNER FOF! CONVENIEHCE 14.3.1 ~he Owner my, without muse, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.8.2 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 suspension, delay or inrermp- tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. 24 .4201-1987 Al& DO(~J~r. NT ~2Ql · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ' FOURTEENTH EDITION A1A$ · ©lgB7THE AMERICANINSTITUTEOFARCHITECTS, 1735NEW YORKAVENUE, N.W.,WASHINGTON, D.C. 20006 WARNING: Unlicensed ph~oc~wIng Yloi~te~ U.S. copyright ~ and i~ ~b~ct to legal p~. 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 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.t.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. Grading & Seeding - Sports Playing Field 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: $ t,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: Grading & Seeding - Sports Playing Field 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 by: (dollars) (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 (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. ,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: Grading & Seeding - Sports Playing Field G-1 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 ,~-ollective 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. Grading & Seeding - Sports Playing Field J-1 f. The Contractor will cornply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish ail 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 accounl~s 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 iintervene and protect the interests of the Owner (Contracting Agency's jurisdictional ;area). Grading 8, Seeding - Sports Playing Field J-2 PREVAILING WAGE RATES ATTACH M E NT WAGE DETERMINATION for Grading &SeedinR - Sports Playing Field at STRAWBERRY FIELDS FAIRGROUNDS COUNTY ROUTE 48 MATTITUCK, New York 11952 Grading & Seeding - Sports Playing Field L-1 EH YORK STATE DEPARTMENT OF L~ BUREAU OF PUBLIC NORK STATE OFFI~CE CAMPUS, BLDG. ALBANY, NY 122q0 SCHEDULE 2004 Date 05/04/05 TONN OF SOUTHOLD JAMES MCMAHON. DIR. OF~P.H. 53095 MAIN ROAD PO BOX 1179 SOUTHOLD NY 11971 PRC 0503702 ORANGE COUNTY Location and,Tyoe of ProBec± PROJECT ID #, NONE CLEARING.GRADING AND SEEDING.STRANBERRYFIELDS FAIRGROUNDS, ROUTE 48 SOUTHOLD, NY O1 In response to your request, enclosed is the schedule of the prevailing hourly wage nates and the prevailing hourly supplements for the above pro~ect, together with copies of the Notice of Contract Let (PN-i6) for your use. THE SCHEDULE MUST BE ANNEXED TO AND FORM A PART OF THE SPECIFICATIONS FOR THIS PROJECT HHEN IT IS ADVERTISED FOR BIDS. These schedules have been prepared and forwarded in accordance ~ith Article 8 of the NYS Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain end determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics emplozed on public Hor~ pro~ects~ and to file such schedules with the uepartment having ~urisdict~on. This schedule is effective from July 1, 2004 through June 30, 2005. AIl updates~ corrections and future copies of the annual determination are aveiiable on the Department's webeite (www. Iabor.state.nv.us). The attached rates are based on the latest information available to the Department of Labor~ Bureau of Public Hork. Care should be taken to review the rates for obvious errors. Any corrections should be brought to the Department's attention immediately. It is the responsibility of the public work contractor to use the proper rate. If there is a question on the proper classification to be used, please call the district office located nearest the pro~ect. NOTICE TO CONTRACTING AGENCIES: Upon cancellation or completion of this pro,eot, enter the necessary information and return this page to: NeH York State Department of Labor Bureau of Public Hork State Office Campus, Bldg. ~2 Albany~ NY 12240 PROJECT HAS BEEN COMPLETED/CANCELLED= Date Signature Title For additiona! information, contact our local District Offices: Albany (518) 457-27'44 Syracuse (3lB) 428-q056 Binghamton (607) 721-8005 Rochester (716) 258-4505 Buffalo (716) 847-7159 Utica (515) 793-2514 Garden City (516) 228-3915 Hhite Plains (914) 997-9507 New York City (212) 352-6088 PH-200 (6-03) GENERAL PROVISIONS OF LAMS COVERING HORKERS ON PUBLIC HORK CONTRACTS INTRODUgT~ON The Labor Law requires public work con~ractors 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 ].ocality where tee work is performed. RESPONSIBILITIES OF THE DEPARTMENT OF JURISDICTION A Department of Jurisdiction (Contracting Agency) includes a state department~ agency, board or commission; a county, city, town or vilIage; a schooi dzstrict, board of education or board of cooperative educa~ionaI services; a sewer, water, fire, improvement and other district corporation; a public benefit corporation; and a public authority awarding a public NoPE contract. The Department of Jurisdiction (Contracting A~enc¥) awarding a public work contract MUST obtain a Prevailing Rate Scheduze lzsting ~he houriy rates of wages and supplements due ~he workers to be empIoyed on a pubIic work pro~ect. This schedule may be obtained by completing and forwarding a Request for Hage and Supplement Information form (PH-~9) to the Bureau of Public Hork, TEe Prevailing Rate Schedule MUST be incIuded in the specifications for the contract ±o be awarded and is deemed part of the pubIic work contract. Upon the awarding of the con~ract, the law requires that ~he Department of Jurisdiction (Contracting Agency) furnish the following information ~o the Bureau: ~he name and address of ~he con~ractor, the da~e ~he con,Pact was le~ and ~he approximate dollar vaIue of ~he contract. To facilitate compliance wi~h ~his provision of the Labor Law, a copy of ~he Department's No~ce of Con~rac~ Let form (PH-I6) is provided with ~he original Prevailing Ra~e Schedule. The Department of Jurisdiction (Con,racking Agency) is required to notify the Bureau of the comple~ion o1~ cancelIation of any public work pro~ect. The Department's PH-200 form i:s provided for tha~ purpose. HOURS No laborer, worker or mech~anic in the employ of a contractor or subcontractor engaged in the performance of any public work pro~ect shal! be permitted to work more than eight hours in any day or more than five days in any week. excep~ in cases o~ extraordinary emergency. The con~ractor and the Department of Jurisdiction (Contracting Agency) may apply ~o ~he Bureau of Public Hork for a dispensation permitting workers ~o work addi~ionaI hours or days per week on e particular public work proSec~. WAGES AND SUPPLEMENTS The wa~es and supplements ~to be paid and/or provided ~o laborers, workers and mechanzcs empIoyed on a public work pro~ect shal! be no~ be less than those lis~ed in ~he current Prevailing Rate Schedule for ~he locality where ±he work is performed. If a prime contractor on a public Hork pro~ect has not been provided wi~h a Prevailing Ra~e ScheduIe, ~he contractor must notify the Department of Jurisdiction (Con,racking Agency) who in ~urn must request an original Prevailing Rate Schedule from the: New York S~ate Department of Labor Bureau of Public Hork State O~fice Campus, Bldg. 12 Albany, NY I22~0 Upon receiving the original, scheduIe, ~he Departmen~ of Jurisdiction (Con,racking Agency) is required ~o provide complete copies to ali prime contractors Nbc in turn must provide copies ~o each s~bcon~rac~or and obtain an affidavit certifying such schedule was recezved. Page I The Commissioner of Labor makes an annual determination of the prevailing rates. This determination is in effect from July 1 thru June $0 of the following year. The annuaI determination is available on the Department of Labor webslte (wHH.iebor.stete.ny.us). The prime contractor is required by lan to provide copies of ell applicable county schedules to each subcontractor and to obtain from each and every subcontractor an affidavit certifying that such schedules Here received. I~ the original schedule expired, the contractor may obtain a copy o~ the neH annual determination ~rom the Department's website. PAYROLLS AND PAYROLL RECORDS Every contractor and subcontractor must keep original payrolls or transcripts subscribed and a~irmed as true under penalty of perjury. Payrolls must be maintained ~or at least three years ~rom the pro~ect~s date of completion. At a minimum~ payrolls must shoH the ~olloHing information ~or each person employed on a public Hork project: ~ Name ~ Classification(s) in Hhich the Horker Nas employed ~ Hourly Hage rate(s), paid ~ Supplements paid or' provided ~ Dai[y and Heekly number of hours Horked in each classification. Every contractor and subcontractor shall submit to the Department o~ Jurisdiction (Contracting Agency), Hithin thirty (~0) days a~ter issuance o~ its ~irst payroll and every thirty ($0) days thereafter, a transcript of the original payrolls, subscribed and affirmed as true under penalty o~ perjury. The Department o~ Jurisdiction (Contracting Agency) shall receive and maintain such payrolls. In addition, the Commissioner of Labor may require contractors to furnish, within ten days of e request, payroll records shorn to as their validity and accuracy for public Hcrk and private work. Payroll records include, but ara not limited to, time cards, work description sheets, proof that supplements Here provided, cancelled payroll checks and payrolls. Failure to provide the requested in~or~ation Hithin the allotted ten days Hill result in the Hithholding of up to ZJZ of the contract, not to exceed one hundred thousand dollars. If the c:ontractor or subcontractor does not maintain a place of business in NaN York State and the amount of the contract exceeds $25,000, payroli records and certifications must be kept on the project Horksite. 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 e copy of the Prevailing Rate Schedule specified in the public Hork contract es Hell as any subsequently issued schedules. A ~ailure to provide these schedules by a contractor or subcontractor ~s a violation of Article 8 o~ ~he Labor LaN. See Section 220-a. All subcontractors engaged by a public Hork project contractor or its subcontractor, upon receipt o~ the original schedule and any subsequently issued schedules, shall provide to sucn contractor e verified statement attesting that the subcontractor has received the Prevailing Rate Schedule end Hill pay or provide the applicable rates of wages and supplements specified therein. See Section ZlO-a. DETERMINATION OF PREVAILING HAGE AND SUPPLENENT RATE UPDATES APPLICABLE TO ALL The He,es and supplements contained in the annual determination become effective July 1st Hhether or not the neH determination has been received bY a given contractor. Care should be taken to revieH the rates for o~vious errors. Any corrections should be 13fought to ~he Department's attention immediately. It is the responsibility of the public Hork contractor to use the proper rates. If there is a ~uestion on the proper classification to be used, please call ~he district o~f~ca located nearest the pro~ecto 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 responsibIe for paying these updated rates as Hall, retroactive to July let. Hhen you review the schedule ~or a particular occupation, your attention should be directed to the de,es above the column o~ rates. These are the dates for which a given set of rates is effective. To ~he extent possible, the Page Department posts rates in i*s possession *he~ coven periods of ~ime beyond the July ls* to June 30~h time frame covered by a particular annual determination. Ra~es ~hat extend beyond tha± ins*an± time period are informational only and may be updated in future annual de*ermine*ions ±hat actually cover the ~hen appropriate July 1st ~o June 30th ~ime period. H~THHOLDING OF PAYMENTS Hhen a complain~ is ~iled with the Commissioner of Labor alleging the failure of a contractor or subcontractor ~o pay or provide ~he prevailing wages or supplements, or when ±he Commissioner of Labor believes ~ha~ unpaid wages or supplements may be due. payments on ~he public work con~rac~ shall be withheld from the prime contractor zna sufficient amoun~ to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination. Hhen the Bureau of Public Nork finds that a contractor or subcontractor on a public work project ~ailecl ~o pay or provide the requisite prevailing wages or supplements, the Bureau is authorized by Sections 2ZO=b and 2~5.Z of ~he Labor Law to so notify the fina~,cial officer of ~he Department of Jurisdiction (Contracting Agency) ~ha~ awarded ~he public work contract. Such o~ficer HUST then withhold or cause to be withheld from any paymen~ due ~he prime contractor on account of such contrac~ ~he amoun~ indicated by the Bureau as sufficien~ satisfy the unpaid wages and supplements~ includin~ interes~ and any civil penalty tha~ may be assessed by the Commissioner o~ Labor. ~he withholding continues until there is a final determination of the underpaymen~ by the Commissioner of Labor or by ~he court in the even~ a legal proceeding is instituted for review of ~he determination of ~he Commissioner of Labor. The Department of Jurisdiction (Contracting Agency) shall comply wi~h ~his order o~ the Commissioner of Labor or o~ the cour~ Hi~h respec~ ~o ~he release of the funds so withheld. SUHHARY OF NOTICE POSTING REOUIRENENTS The curren~ Prevailing Rate Schedule must be posted in a prominen~ and accessible place on the site of the public ~ork pro~ect. The prevailing wage schedule mus~ be encased in, or constructed of, materi~ls capable of withstanding adverse weather conditions and be ~itled ~PREVAILING RATE OF HAGES zn letters no smaller then two (2) inches by ~wo (2) inches. Every employer providing workers' compensation insurance and disability benefits mus~ pos~ notices of such coverage in ~he format prescribed by the Horkers Compensation Board in a conspicuous place on the jobsi~e. Every employer subject to the New York S~a~e Human Rights Law mus~ consp~cuous4y post at its o~fices, places of employment, or employment training centers notices ~urnished by the S~a~e Division of Human Righ~s. Employers liable for contributions under the Unemployment Insurance Law must conspicuously pos~ on the ,jobsite notices furnished by the New York Departmen~ o~ Labor. Employees cannot be paid apprentice rates un[ess they are individually registered in a program registered with the New York Sta~e Commissioner of LaSor. The allowable ratio of apprentices to 5ourneyworkers in any craft classification can be no grea~er than the statew~de 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 o~ work ~or which the apprentice is indentured, must be paid the prevailing ~ourneyworker~s wage rate for the classification of work the employee is actually per+orming. ¢ Article 8 of the New York ,;tare Labor Law requires that only apprentices individually registered Hith the New York State Department of Labor may be paid apprenticeship rates on a public work pro~ect. No o~her Federal or Sta~e Agency or office registers apprentices in New York State. Page Persons Nishing to verify the apprentice registration of any person must do so in writing to the: NaN York State Department of Labor Office of Empi[oyability Development/ApprenticeshiP Training State Office (~ampus, Bldg. 12 Albany, NY 12;~qO Fax (518) ~57-715~ All requests for verification 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 the 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 Mallet cards, identification cards or copies of state forms is not conclusive proof of the registration of any person as an apprentice. INTEREST AND PENALTIES In the event that an underpayment of wages and/or supplements is found~ ~ Interest shall be assessed at the rate then in effect, as prescribed by the Superintendent of Banks pursuant to section lq-a of the Banking Law, per annum from ~he date of underpayment to the date restitution is made. ~ A Civil Penalty may also be assessed, not to exceed 25Z wages, supplements and interest due. Any contractor 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: ~ THo willful 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 Hillful violations of the Prevailing Hag~ LaN (Article 8 of the Labor LaH) constitute a misdemeanor punishable by f~ne or imprisonment, or both. DISCRIMINATION No employee or applicant for employment may be discriminated 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, disabzlity, sex or national origin discriminate against any cizizen of the State of New York who is qualified and available to perform the work to Hhich ~he employment relates. See Section No contractor~ subcontract,or nor an~ 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 220-e(b). The Human Rights LaH also prohibits discrimination in employment because of age, marital status or religion. Page There may be deducted from the amount payable to ±he contractor under the contract a penalty of fifi:y dollars for each calendar day during which such person was discriminated agains~ or intimidated in violation of the provisions of the contract. See Section 2ZO-e(c), The contract may be cancelled or terminated by the State or municipality. All monies due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of the anti-discrimination sections of the contract, See Section 220-e(d), Every employer subject to the New York State Human Rights Law must conspicuously pos~ a~ its offices, places of employment~ or employmen~ training centers notices furnished by the State Division of Human Rights. HORKERSt COMPENSATION In accordance with Section ltl2 of the State Finance Law, the contractor shall maintain coverage during the life of the contract for the benefit of such employees as required by the provisions of the New York State Horkersf Compensation La~. A Contractor who is awarded a public Hark contract must provide pPoof of workers~ compensation coverage prioP tO being allowed to begin work. The insurance policy must be issued by a company authorized to provide Markers~ compensation coverage in New York State. Proof of coverage must be an form C-105.2 (Certificate of Horkers' Compensation Insurance) and must name this agency as a certificate holder. If New York State coverage is added to an existing out-of-state policy, it can only be added to a policy from a company authorized to write wopkaPs~ compensation coverage in this state. The coverage must be listed under item 5A of the information page. The contractor must maintain proof that subcontractors doing work covered under this contract secured and maintained a workers~ compensation policy for all employees working in New York State. Every employer providing workers~ compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Horkers~ Compensation Board in a conspicuous place on the ~obsite. UNEHPLDYHENT INSURANCE Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the ~obsite notices furnished by the New York State Department 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 TOHN OF SOUTHOLD JP. HES HCMAHON, DIR. OF P.H. 5$OgS MAIN ROAD PO BOX 1179 SOUTHOLD NY ORANGE COUNTY AGY. OF ,X~.T.S. = NAT. OF PROJECT: TORN HEAVY & I'I~Y CONS-NEH & REPAZR Schedule Type 200~ Date 05/o~/0a Prevailing Rate Case No. 0505702 01 PROJECT ZD #~ NONE CLEARZNG,GRADIN(; AND SEEDZNG,STRAH~.-RRYF:/:EI..DS FAIRGROUNDS, ROUTE ~8 Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith. Sec. 220.3a of the Labor Law requires that certain information be furnished to the Commissioner of Labor. Accordingly, you MUST complete ONE of these requests for EACH pdme 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 giw;n 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 pdme ,contractor: Type of Contract: CHECK APPLICABLE TYPE [] (01) General Construction [] (02) HeatingNentilation [] (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 contract types) [] (01) General Construction [] (02) Heating/Ventilation [] (04) Plumbing [] (05) Other Signature PW-16 (7~o) State: Approximate Starting Date: Zip: / / [] (03) Electrical Date Page O1 ~r,evailing Rate Schedule New York State Depar±ment of Labor ............................... :--°Case Number .................................. 0503702 ORANGE 2004 Orange County General Construction Rates Prevailing Hage Ra~es for 07/01/04 - 06/30/05 INFORMATION ABOUT PREVAILING RATE SCHEDULE This information is provided to assist you in the interpretation of particular requirements fop each classification of worker contained in the attached Schedule of Prevailing Rates. CLASSIFICATION It is the duty of the Commissioner of Labor to make the proper classification of workers taking into account whether the Hork is heavy and highway, building, sewer and Hater~ tunnel Hork, or residential, and to make a determination of Hages and supplements to be paid or provided. It is the responsibility of the public Hork contractor to use the proper rate. If there is a question on the proper classification to be used, please call the district office located nearest the pro~ect. District office locations and phone numbers are listed beloH. PAID HOLIDAYS Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not requzred to perform work. If an employee Horks on a day listed as a paid holiday, this remuneration is in addition to paymen~ of the required prevailing Pate for the HoPE actually performed. OVERTIME Overtime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required Hhere the employee actually performs work on such holidays. The applicable holidays are listed under HOLIDAYS= OVERTIME. The required Pate of pay for these covered holidays can 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 Horked, some classifications require the payment or provision of supplements for each hour paid (including paid holidays on which no work is performed) and/or may require supplements to be paid or provided at a premium rate fop premium hours worked, EFFECTIVE DATES Hhen you revieH the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates fop which a given set of rates is effective. The rate listed is valid until the next effective rate change or until the new annual determination which takes effect on July 1 of each year. All contractors and subcontractors are required to pay the currant prevailing rates of wages and supplements. If you have any questions please contact the Bureau of Public Hork or visit the NeH Yore State Department of Labor Nebsite (HwH.labor.state.ny.us) for' current flage Pate information. APPRENTICE TRAINING RATIOS The following are the allowable ratios of registered Apprentices to Journey- Horkers. For example, the ratio l~l,.l~3 indicates the alloHable initial ratio is one Apprentice to one JourneyHerker. The JourneyHorker must be in place on the pro~ect before an Apprentice is allo~ed. Then three additional Journeyworkers Page 02 Prevailing Rate Schedule New York State Department of Labor ................................... Case Number--L ............................... 05O$702 ORANGE 200q 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 (518) q57-6820 if you have any questions. Title (Trade) Ratio Boilermaker Mason Carpenter Electrical (Outside) Lineman Electrician (Inside) Elevator/Escalator Censtruction & Modernizer Glazier Insulation & Asbestoa Worker Iron Worker Laborer Op Engineer Painter Plumber & Steamfitter' Roofer Sheet Metal Worker Sprinkler Fitter 1: 1: 1: ,l:q ~: ,1:2 ,1:3 1,1 1,2 !~ l:q 1:6 [1 1:2 If you have any questions concerning the attached schedule or would like addstional information, please contact the nearest BUREAU of PUBLIC WORK District Office or write to: New York State Department of Labor Bureau of Public Hork State Office Campus, Bldg, 12 Albany, NY 12240 District Office Locations: Bureau of Public Hork - Albany Bureau of Public Hork Binghamton Bureau of Public Hork Buffalo Bureau of Public Work - Garden City Bureau of Public Hork New York C~ty Bureau of Public Work - Rochester Bureau of Public Work - Syracuse Bureau of Public Work Utica Bureau of Public Work - Hhite Plains Bureau of Public Hork - Central Office Telephone # FAX # B18-q57-2744 607-721-8005 716-847-7159 516-228-5915 212-552-6088 585-258-4B05 515-428-q056 515-795-2514 914-997-9B07 518-457-5589 (7/01/200q) NOTES Admin. 518-485-0240 607-721-8004 716-8q7-7650 516-79fi-5518 212-552-6580 585-258-4708 515-q28-~671 515-795-2514 914-997-9525 518-485-1870 OVERTIME/HOLIDAY CODES OVERTIME Following is an explanation of the code(s) listed in the OVERTINE 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 hours Der day. B ) Time and one half of the hourly rate after 8 hours per day. Page 05 Prevailing Rate Schedule New York State Department of Labor ............................... z---Case Number .................................. 0503702 ORANGE 2004 BI) Time and one half ¢,f the hourly rate for the 9th ~ loth hours week days and the ]st B hours on Saturday. Double the hourly rate for ail additional hours. C ) Double the hourly rata after 7 hours per day. C) Double the hourly rata after 7 and one half hours per day. D1) Double the hourly rate after 8 hours per day. Double the hourly rate after 9 hours per day. ~ii Time and one half cf the hourly rate on Saturday. Time and one half let q hours on Saturday. Double the hourly rate all additional Saturday hours. E2) Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather, E3) Between Novem6er 1st and March Srd Saturday may be used as a make-up day at straight time when a day is lost durinp that week due to inclement weather, provided a given employee nas worked between 16 and SZ hours that week, E4) Saturday and Sunday' may be used as a make-up day at straight time when a day is lost durzng that week due to inclement Heather, ~ Time and one half cf 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 hourly rate on Saturday, Sunday, and Holidays. Time and one half cf the hourly rate on Sunday. JTime and one half of the hourly rate on Sunday and Holidays. KTime and one half of the hourly rate on Holidays. LDouble the hourly rate on Saturday. Double the hourly rate on Saturday and Sunday. Double ~he hourly rate on Saturday and Holidays. 0Double the hourly rate on Saturday, Sunday, and Holidays. PDouble the hourly rate on Sunday. Double the hourly rate on Sunday end Holidays. Double hourly rate on Holidays. the Two and one hal~ times the hourly rate for Holidays, if worked. SI) Two and one half times the hourly rate the ~irst 8 hours on Sunday or Holidays. One and one hal~ times the hourly rate ail additional hours. T ) Triple the hourly rate ~or Holidays, if worked. U ) Four times the hourly rate for Holidays, i~ worked. V ) Including benefits a~ SAME PREMIUM as shown ~or overtime. H ) Time and one half for benefits on all overtime hours. NOTE:BENEFITS are PER HOUR HORKED,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, but is not required to perform Hork. If an employee works on a day lis~ed es a paid holiday~ this remuneration is in addition to payment of ~he required prevailing rate for the work actually performed. OVERTIME Holiday Pay: Overtime holiday pay is the premium pay that is required ~or work performed on specified holidays. It is only required where the employee actually Eerforms work on such holidays. The applicable holidays are listed under HOLIuAYS: OVERTIME. The required rate of pay ~or these covered holidays can be found in the OVERTIME PAY section listings for each classification. Following is an expianatioln of the code(s) listed in the HOLIDAY section of each classification contained in the attached schedule. The Holidays as listed below are to be paid at the wage rates at which the employee is normally classified. ( 1 ) Hone. ¢ 2 ) Labor Day. Page 04 Prevailing Ra~e Schedule New York S~e~e Depar±men~ of Labor ................................... Case Number--~ ............................... 0503702 ORANGE 2004 3 Memorial Day and Labor Day, Memorial Day and ,July q~h. Memorial Day, July q~h, and Labor Day, NeN Yearts Day, Thanksgiving Day, and Chris~mas Day. Lincoln's Birthday, Hashing~on~s Birthday, and Ve±erans Day. Good Friday. Lincoln's Birthday. Nashing~on's Birthday. Columbus Day. Election Day. Presidential Elec~ion Day. 1/2 Day on Presidential Election Veterans Day. Day after Thankeg~iving Day. Ju~y q~h. 1/2 Day before Chris~mas Day. 1/2 Day before Ne~ Years Dey. Thanksgivin~ Day. NeH Year~s uay. Chris~mas Day. Day before Chris~mas. Day before MeN Yeer~s Day. Presidents~ Day. Mar~in Luther King, Jr. Day. 7 8 10 11 12 15 16 17 lB 26 Day. Asbestos Horker DUTCHESS COUNTY: ORANGE COUNTY~ PUTNAH COUNTY~ ROCKLAND COUNTY: HESTCHESTER COUNTY: HAGES: (per hour) Entire County Entire County Entire County Entire County Entire County 7/O1/ZOOq Asbestos Norker ....... $ ~9.72 Fire S~op Hork~ Asbestos HOrker ....... $ 22.29 M Applies on all exclusive Fire S~op Hork (Hhen con,fac± is ~or Fire S~op ~ork only). No appre~ices on ~hese con~rac~s only. No~e: Additional 40.50 per. hour ~or Hork 50 fee~ or more above floor ground level. OVERTIME: See ( B ,E, 9, ?~, V ) on OVERTIME PAGE. HOLIDAY: Paid: ....... See ( 1 ) on, HOLIDAY PAGE. Over~me:... See ( 2~, q, 6, 16, 25 ) on HOLIDAY PAGE. MNo~e~ Labor Day ~riple ~ime if Norked. APPRENTICES:( i ) year ~erms aG ~he fo[loHing percentage o~ journeyman's ra~e. ls~ 2nd etd $ 2q.2q 26.18 28.12 31.98 SUPPLEMENTAL BENEFZTS: (per hour paid) Journeyman .......... $ 17.07 Apprentice ls* year ........... 10.3q 2nd year ........... 11.18 3rd year ........... 12.01 ~th year ........... 13.70 Or, evailing Rate Schedule Page 05 Ne~ York State Department of Labor ............................... '---Case Number .................................. 0503702 ORANGE ZOOt Fire Stop Honk: Journeyman .......... $ 9.q9 8-91 Asbestos Honker - Abatement COLUNBIA COUNTY: Entire County DELAHARE COUNTY: Entire County DUTCHESS COUNTY: Entire County, GREENE COUNTY: Entire County ORANGE COUNTY: Entire County PUTNAM COUNTY: Entire County ROCKLAND COUNTY: Entire County SULLIVAN COUNTY: Entire County ULSTER COUNTY: Entire County NAGES: (pen hour) 7/01/2004 Asbestos Horker: Removal & Hazardous Abatement Only .......... $ 2q.55 Only for the removal of insulation ma~enials from mechanical systems which are no~ going ~o be scrapped, for all o~her removal ~ork, please refer to ~he appropriate building laborer category. OVERTIME PAY: See ( B,E,Q~,T~,V ) on OVERTIME PAGE. HOLIDAY: Paid: ........... See ( 1 ) on HOLIDAY PAGE. Overtime: ....... See ( Z,q,6~Z5 ) ~ code ~ applies ~o ~6,& 25. ~ code applies ~o SUPPLEMENTAL BENEFITS: (per hour paid) Journeymen ................ $ ll.Z5 1-201HV Boilermaker DUTCHESS COUNTY: Entire County NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs ORANGE COUNTY: Entire County PUTNAM COUNTY: Entire County ROCKLAND COUNTY: En*ine County SUFFOLK COUNTY: Entire County SULLIVAN COUNTY: Entire County ULSTER COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 7-O:L-Oq- 12'-31-0~ Boilermaker ........... $ ~57.90 1-01-05- 8-31-05 39.62 OVERTIME PAY: See ( D,O ) on OVERTIME PAGE. HOLIDAY: Paid~ ........ See ( 8, 16, 23, 2q ) on HOLIDAY PAGE. Overtime: .... See (q~ 6, ].1, 12, 15, 25 ) on HOLIDAY PAGE. Page 06 IPI-evailing Rate Schedule New York State Departmen± of Labor .................................. Case Number-: ................................ 0505702 ORANGE 2004 APPRENTICES: ( 1/2 ) year terms a* the following percentage of ls± 2nd Srd ~th 5th 6th 7th 65% 65% 70% 75Z 80% 85% 90% SUPPLEMENTAL BENEFITS: (per hour Norked) $ 7.81 + $ 8.02 + q8 Y. of q8 Y. of Nage rate ~age rate Carpenter - Building 8 Heavy Highway COLUMBIA COUNTY: En*ire County. DUTCHESS COUNTY: Entire County. GREENE COUNTY: Entire County. ORANGE COUNTY: Entire Coun"~y. SULLIVAN COUNTY: Entire County. ULSTER COUNTY: Entire Coun'~y, HAGES: (per hour) 7/01/200~ 6/01/2005 Carpenter ................. $ 26.04 Carpenier-Floor CovererS.. 26.0q Dockbuilder/PiledriverS... 26.0fi Diver Tenders ............. 27.51 Diver(HET)S ............... E$.2q Diver(DRY)S ............... 32.61 $ 1,60 Per Hour Increase ~ No~e: Rate DOES NOT apply in Orange or Dutchess County. On proEec*s for removal and/or aba~emen~ o~ asbestos or any ~oxic or hazardous material and i* is required by the employer or mandated by NYS or Federal Regulation *o Near protective equipment an additional $2.00 per hour above their appropriale rate for all classifioa*iens including apprentices. For work on smokestacks~ silos, or s~eeples more than fifty (50) feet high, an additional $2.00 pep hour, payebIe from the ground up. OVERTIME: ....... See B, E, Q ) on OVERTIME PAGE. HOLIDAY: BUILDING: Paid: ......... See 1 ) on HOLIDAY PAGE. Overtimec ..... See 5, 6 ) on HOLIDAY PAGE. HEAVY/HIGHHAY: Paid: ......... See S, 6, 16 ) on HOLIDAY PAGE including benefits. Overtime: ..... See 5,6~ 16 ) on HOLIDAY PAGE. APPRENTICES: Terms at ~he folloHing rates. lit 2nd 3rd qth $ 15.~8 15.50 18.78 21,56 SUPPLEMENTAL BENEFITS: (~er hour paid) Page 07 Pr. eveiling Rate Schedule New York S~ate Department of Labor ............................... ~--Case Number .................................. 0503702 ORANGE 2004 Journeyman ............... $ 14.76 Apprentices 1st term .............. 6.77 2nd term ............... 10.66 3rd term ............... 13.85 4th term ............... 8-19B/HBH Carpenter - Oockbuilder 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 HESTCHESTER COUNTY: Entire County HAGES: (per hour) 7/01/04 7/01/05 Piledriver ................ $ 38.79 Dockbuilder ............... 38.79 Addit. $ 2.82 per hr. OVERTIME: .... HOLIDAY= Paid: ........ Paid: ........ Overtime: .... APPRENTICES: Hage. qOZ See ( B, E2, 0 ) on OVERTIME PAGE. See ( 18, 19 ) on HOLIDAY PAGE. See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for Ist & 2nd yr. Appren±ices See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. ( 1 ) year terms at the folloHing percentage of Journeyman's 2nd, 3rd. qth. 50% 65% 80% SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ............... $ 27.86 Apprentices .............. 18.9q 9 - 1~56 Carpenter - Floor Coverer DUTCHESS COUNTY.' Eh(ire County NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs ORANGE COUNTY: Entire County PUTNAH COUNTY: Entire County ROCKLAND COUNTY= Entire County SUFFOLK COUNTY= Entire County HESTCHESTER COUNTY= Entire County HAGES: (per hour) 7/01704 7/01/05 Carpe~/Resilient Addit. Floor Coverer .............. $ 43.00 $2.96/hr. OVERTIME: .... See ( B, E, Q ) on OVERTIME PAGE. Page 08 IPr'evailing Ra~e Schedule New York S±a±e Department of Labor ................................... Case Number-: ................................ 0505702 ORANGE 200q HOLIDAY: Paid: ........ Sea ( 18, 19 ) on HOLIDAY PAGE. Paid: ........ See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for ls~ & 2nd yr. Apprentices Over*ime: .... See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: wage. lsd. 1 ) year ~erms a~ the +ollo, ing percentage of Journeyman's 2nd. ~;rd. fi~h. 50Z 65Z 80Z SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................ $ 26.05 Apprentices .......... 17.80 9 - 2287 CarpenAer - Marine Construction/Diver DUTCHESS COUNTY: Entire County NASSAU COUNTY: Entire County NEH YORK CITY: En*ire 5 Boroughs ORANGE COUNTY: En*ire Coun*y PUTNAH COUNTY: Entire Coun*y ROCKLAND COUNTY: Entire County HESTCHESTER COUNTY: Entire County SUFFOLK COUNTY: Entire County NAGES= (per hour) 7/O1/Oq Marine Construction: Marine Diver ............. $ 47.85 " " Tender ........ $ 35,15 OVERTIME: .... See B, E, E2, Q ) on OVERTIME PAGE. HOLIDAY: Paid: ....... See Paid= ....... See Overtime:... See 18, 19 ) on HOLIDAY PAGE. 5, 6, 10, 11, 13, 16, 18, 5, 6, 10, 11, 13, 16, 18, 19 ) for ls* S 2nd yr.Appren~ices 19 ) on HOLIDAY PAGE. APPRENTICES: (1) year terms at the ~ollowing percentage of the ~ourneyman's wage. ls~ 2nd 3rd qth 50% 65Z 80Z SUPPLEMENTAL BENEFITS= (pep hour ~aid) Journeyman ................. $ 27.86 Apprentices .............. 18.9fi 9 - 1~56 Carpenter - Hill~righ~ DUTCHESS COUNTY: Entire County ORANGE COUNTY: Entire County Page 09 IPr, evaiIing Rate Schedule New York Sta~e Depar~men± of Labor ............................... L--Case Number .................................. 0505702 ORANGE ZOO4 HAGES: (Der hour) 7/01/0q Building: Millwrzgh~ ................. $ 32.86 OVERTIME: .... See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAY= Paid: ........ See { 18~ 19 ) on HOLIDAY PAGE. Paid: ........ See ( 5, 6, 11, 15, 16, 18, 19, 25 ) Overtime: .... See ( 5, 6, 11~ 13, 16, 18, 19, 25 ) for let 8 2nd yr.ADpren~ices on HOLIDAY PAGE. APPRENTICES: wageia~. ( 1 ) year ~erms a~ the following percentage of Journeyman's 2nd, 3rd, q~h. 65% 75% 95% SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................. $ 27.30 ApDr 15~ ~erm ............. 17.51 ApDr 2nd term ............. 19.37 AppP 3rd *arm ............. 21.90 A~pr 4*h ~erm ............. 24.95 9-7q0.2 Core Driller HR~GE. COU~TY:. So~th, of Ibu~ including the. fol~owingz. Ha~erlgo,Mil~s,' S~ate River. PUTNAM COUNTY: South of bu~ including ~he following, Cold Spring, Tompkins Corner, Nahopa~, Croton Fells, eas~ ~o Connec~icu~ border. SUFFOLK COUNTY. Hast of Por~ Jefferson and Pa~choque Road ~o Rou±e 112 ~o ~he A~lantic Ocean. NASSAU COUNTY: Entire County NEH YORK CITY: Entire ~ Boroughs ROCKLAND COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 7/O1/Oq 10/17/05 Core Drilling: Driller .................. $ 27.60 Addit, $1.96/hr Assistant ................ 22.88 Addit, $1,71/hr Note: Hazardous Has~e Pay Differential: For Level C, an additional 10% above wage ra~e per hour For LevelB' an addi±ional lOZ above wage ra~e per hour For Level A, an addi'~ional IOZ above wage rate per hour No~e: Nhen required ~o Horl( on wa~er: an additional $ 0.50 per hour. OVERTIME:... See ( B, E, KW, P, R~ ) on OVERTIME PAGE. HOLIDAY: Paid: ....... See ( 5, 6 ) on HOLIDAY PAGE. Page 10 Prevailing Rate Schedule NeH York S±ate Depar~men~ of Labor ................................... Case Number-J ................................ 0503702 ORANGE 2004 Overtime:... ~ See ( 5, 6 ) on HOLIDAY PAGE. ... ~ Sea (8; :lO, li, 13 ) on HOLIDAY PAGE. Assistant: One (11 year increments a~ the following percentage of Assistant wages. This is not an apprenticeship for Driller. ist Year 2nd Year 3rd Year 4th Year 70% 80Z 90% SUPPLEMENTAL BENEFZTS: (per hour worked) Driller $ 10.36 Assistant 10.~6 9-15~6 Electrician DUTCHESS COUNTY: ORANGE COUNTY: PUTNAM COUNTY: ROCKLAND COUNTY: HAGES: (per hour) Towns ct: Fishkill, East Fishkill, and Beacon. Entire County. Entire County. Entlre County 7/01/2004 4/01/05 4/01/06 Electrician Hireman/Technician ........ $ 37.00~ $ 38.00~ $ 39.00~ MSHIFT DIFFERENTIAL: On F'ublic Work in New York State when shift work is mandated either in t:he ~ob specifica±ions or by ~he con~rac~ing agency, ~he following rates apply: Shift worked between 4:~;0 p.m. & 12:30 a.m ...... $ 43.40~ $ 44.57~ $ 45.75~ Shift worked between 12:30 a.m. & 8:3;0 a.m ....... $ 48.62M $ 49.93~ $ 51.25~ ~ On ~obs where employees are required ~o work from boatswain chairs, swinging scaffolds~ e~c:.,for~y (40) fea~ or more above ~he ground~ or under compressed air~ using Sco~tair packs, gas masks or in shafts or ~unnel$, ~hey shall receive an additional $2.00 per hour above ~he regular straigh~ time ra~e. OVERTIME: .... See (B, E, ~) on OVERTIME PAGE. HOLIDAY: Paid: ....... See ( ! ) on HOLIDAY PAGE. Over~me:... See ( 5, 6, 13, 18, 16, 25 ) on HOLIDAY PAGE. APPRENTICES~ ( 6 ) month ~erms at ~he following percentage of journeyman's let. 2nd. 3rd. 4~h. 5th. 6~h. 7~h. 8th. 9~h. 10th. 3az 35% 40Z 45% 50Z 552 65Z 70Z 75Z 85Z SUPPLEMENTAL BENEFITS: (per hour worked) 7/01/2004 Journeyman... .............. $ 18.30 plus 62 of ~age 7/0[/2004 Apprentices is( & 2nd term ............ 3rd & 4~h ~erm ............ 5th 8 6th ~erm ............ 4/01/05 19.60 plus 6% of wage 6.90 plus 6% of wage 8.85 plus 6% o~ wage 10.80 plus 6% of wage 4/01/06 $ 20.90 plus 6% of wage Page 1! 'revailing Ra%e Schedule New York State Department of Labor ............................... L--Case Number .................................. 0505702 ORANGE 200~ 7th & 8th term ............ 13.75 plus 6% of wage 9th &IOth term ........... I6.65 mlus 6% of wage 8-565/1 Electrician Lineman 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 Count CORTLAND COUNTY: Entire Count DELAHARE COUNTY: Entire Count DUTCHESS COUNTY: Entire Count ERIE COUNTY: Entire Count ESSEX COUNTY: Entire Count FRANKLIN COUNTY: Entire Count FULTON COUNTY: Entire Count GENESEE COUNTY: Entire Count GREENE COUNTY: Entir,e Count HAMILTON COUNTY: Entire Count HERKIMER COUNTY: Entire Count JEFFERSON COUNTY: Entir,e Count LEHIS COUNTY: Entire Count LIVINGSTON COUNTY= Entire Count MADISON COUNTY: Entire Count MONROE COUNTY: Entire Couni MONTOMERY 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 County SCHOHARIE COUNTY: Entire County SCHUYLER COUNTY: Entire County SENECA COUNTY: Entire County STEUBEN COUNTY: Entire County ST. LAHRENCE 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: Entire County HYOMING COUNTY: Entire County YATES COUNTY: Entire County NIAGARA COUNTY: Entire County Includes Teledata Hork Hithin Ten ~eet of High Voltage Transmission Lines HAGES: (per hour) 7/O1/Oq 5/01/05 ~/30/06 Lineman/Tech./Nelder ............... $ ~5.19 36.60 $8.00 Cable splicer ....................... ~5.19 56.60 58.00 Digging Machine Operator ............. 51.67 $2.9~ 5fi.20 Tract Trailer Driver ................. 29.91 51.11 $2.$0 Truck Driver/Groundman ............... 28.15 29.28 50.qO Mechanic let Class ................... 28.15 29.28 30.~0 Flagman .............................. 21.11 21.96 22.80 ~Additional 1.00 per hr.for entire crew when a helicopter is used. ~Above rates applicable on all overhead Transmission line work 8 Fiber Optic Cable where other construction ~rades are or have been involved. This applies to transmission line work only, not other construction. Lineman/Technician/Nelder ............ $ 33.97 $5.37 56.78 Digging Machine Operator ............. 30.57 31.83 53.10 Tractor Trailer Driver ............. 28.87 30.06 31.26 Truck Driver/Groundman ............... 27.18 28.30 29.q2 Mech. let Class ...................... 27.18 28.30 29.q2 Flagman .............................. 20.38 21.22 22.07 Certified Helder. Pipe Type Cable .... 35.67 37.1~ 38.62 Cable Splicer ........................ 57.37 38,91 qO.fi6 ~Additional 1.00 per hour for entire crew when a helicopter ~ob. Page i2 IPrevailing Rate Scheduie NaN York S~ata Department of Labor ................................... Case Number-: ................................ 0505702 ORANGE ~Above ra~es apply on Switching S~ructures, Maintenance pro~ec~s, Railroad Ca~enary instali/main~, Third rail installation, Bonding of Rails and pipe ~ype cable and installation of Fiber Optic Cable. Lineman /Techician ................... $ 32.67 5q.08 55.48 HeZder/Cable Splicer ................. 32.67 5~.08 55.48 Digging Machine Operator ............. Zg.qO 50.67 51.95 Tractor Trailer Driver ............... 27.77 28.97 50.16 Truck Driver/Groundman ............... 26.1~ 27.26 28.58 Mechanic ls* Class ................... 26.1q 27.26 28.38 Flagman .............................. 19.60 20.~5 21.29 ~Additional 1.O0 per.hr.for entire crew when a helicopter is used. ~Above ra~es applicable on all overhead and underground distribution and maintenance work, and all overhead and underground transmission line work and ~he installation of Fiber Optic Cable Hhere no o~her construction ~rades are or have been involved. Lineman/Technician ................ $ 52.67 3q.08 35.48 Cable Ssplicer ..................... 55.94 57.49 39.03 Certified Helder ................... 3~.30 55.78 37.25 Digging Machine Opera,or ........... 29.q0 50.67 31.95 Tractor Trailer Driver .......... 27.77 28.97 50.16 Mechanic ls~ Class ................. 26.1~ 27.26 28.38 Truck Driver/Groundman ............. 26.14 27.26 28.58 Flagman ............................ 19.60 20.~5 21.29 ~Addi~ional $ 1,00 per hour for entire creH when a helicopter is used. ~MAbove ra~es applicable on all electrical sub-s~a~ions, snitching structures, fiber optic cable and all other work no~ defined as "Utility outside electrical ~ork" OVERTIME PAY: See (B, E, g,) on OVERTIME PAGE. ~ Double iime for all emergency ~ork designa*ed by the Dept. of Jurisdiction. NOTE: THE FOLLOHING RATES HILL APPLY ON ALL CONTRACTING AGENCY MANDATED SHIFTS OF AT LEAST FIVE ( 5 ) DAYS DURATION HORKED BETNEEN THE HOURS LISTED BELOH: 1st. shif* ..... 8:00 AM *o fi:SO PM REGULAR RATE Znd ehif* ..... q=30 PM to 1=00 AM REGULAR RATE PLUS 17.3 Z 3rd shifA ..... 12:~0 AM ~o ~=00 AH REGULAR RATE PLUS 31.q Z HOLIDAY= Paid: See ( 5, 6, 8, 13, 25 ) on HOLIDAY PAGE plus Gov. Elec*ion Day. Over*ime= See ( 5, 6~ 8{ 13, 25 ) on HOLIDAY PAGE plus Gov. Election Day. ~NSUPPLEHENTS for holidays paid at straigh~ time.NM [he ~gllgHin~,~PP~ENTICE.ra~e~ and,~b~.~g[~R S~[~[~[~,ben~fits apply Page 15 ~revailing Rate Schedule New York State Department of Labor ............................... '---Case Numbar .................................. 050~702 ORANGE 2004 DISTRIBUTION. APPRENTICES: ( 1000 ) hr terms at the following percentage of Journeyman's 1st. Znd. 5rd. qth. 5th. 6th. 7th. 60% 65% 70% 75% 80% 85% 90% SUPPLEMENTAL BENEFITS: (per Hour worked including above listed holidays. $9.50 $10.50 $11.50 ,plus .plus plus 7% of wage 7% of wage 7% of wage 6-12q9a Electrician Lineman Pole Treater ALBANY COUNTY= Entire County ALLEGANY COUNTY: Entire County BROOME COUNTY: Entir® County CATTARAUGUS COUNTY: Entire County CAYUGA COUNTY: Entire County CHAUTAUQUA COUNTY: Entir~ 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 LEHIS COUNTY: Entire County LIVINGSTON COUNTY: Entire County MADISON COUNTY: Entire County MONROE COUNTY: Entire County NONTOMERY COUNTY: Entire County NIAGARA COUNTY: Entire County HAGES: (per hour) ONEIDA COUNTY: Entire County ONONDAGA COUNTY: Entire County ONTARIO COUNTY: Entire County ORANGE COUNTY: Entire County ORLEANS COUNTY: Entire County 0SNEGO COUNTY: Entire County OTSEG0 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, LAHRENCE COUNTY: Entire County SULLIVAN COUNTY: Entire County TIOGA COUNTY: Entire County TOHPKINS COUNTY: Entire County ULSTER COUNTY: Entire County HARREN COUNTY: Entire County HASHINGTON COUNTY: Entire County HAYNE COUNTY: Entire County HYOMING COUNTY: Entire County YATES COUNTY: Entire County 7/O1/Oq Pole treater (Minimum 1 year experience) Pole treater 2nd ..................... (Minimum 6 months experience) Pole treater Srd ..................... (Minimum S months experience) Inexperienced treater ................. (Less than $ months) 1st ..................... $ 12.96 12.27 11.60 10.92 OVERTIME PAY: See ( B, H ) on OVERTIME PAGE. Page lq Pr'availing Rate Schedule New York Sta~e Department of Labor ................................... Case Number-: .............................. 0503702 ORANGE 200q HOLIDAY Paid= ........ See ( 5, 6, 8, 10, 15 ) on HOLIDAY PAGE. Overtime: .... See (5' 6' 8' 10~ 15 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hours worked inciud~ng the above listed hoiidays) $ 3.95 plus 3Z of wage ~NOTE ..... ABOVE RATES APPLICABLE THROUGHOUT THE ENTIRE STATE EXCEPT THE FOLLOHING COUNTIES= BRONX, KINGS, NEH YORK COUNTY~ QUEENS, RICHHOND, NASSAU~ SUFFOLK and HESTCHESTER COUNTIES. 6-12~9pole Electrician Lineman Teleda~a ALBANY COUNTY= Entire Coun~ ALLEGANY COUNTY: Entire Coun~ BROOME COUNTY= Entire Count CATTARAUGUS COUNTY: Eh*ire Count CAYUGA COUNTY: En~ire Coun~ CHAUTAUQUA COUNTY: Entire Coun~ CHEMUN$ COUNTY: Entire Coun~ CHENANGO COUNTY: Entire Coun~ CLINTON COUNTY: Eh*ire Count COLUMBIA COUNTY: Eh*ire Coun~ CORTLAND COUNTY: Entire Coun~ DELAHARE COUNTY= Entire Coun~ DUTCHE$S COUNTY: Eh*ire Coun{ ERIE COUNTY: Eh*ire Count ESSEX COUNTY: Entire Coun~ FRANKLIN COUNTY: Entire Count FULTON COUNTY: En*ire Coun~ GENESEE COUNTY: Entire Coun~ GREENE COUNTY: Eh*ire Coun* HAMILTON COUNTY: Entire Coun~ HERKINER COUNTY: Entire Coun~ JEFFERSON COUNTY: Eh*ire Count LEHIS COUNTY: En*ire Coun~ LIVINGSTON COUNTY: Entire Coun~ MADISON COUNTY: Entire Coun* HONROE COUNTY= Entire Coun~ HONTGOMERY COUNTY: Eh*ire Coun~ NIAGARA COUNTY= Entire Coun* For work outside building proper ONEIDA COUNTY= En~Are County ONONDAGA COUNTY= En~ire County ONTARIO COUNTY: Entire County ORANGE COUNTY= Entire County ORLEANS COUNTY= En*ire County OSHEGO COUNTY= Eh*ire County OTSEGO COUNTY= En~re County PUTNAH COUNTY: Entire County RENSSELAER COUNTY: Entire County ROCKLAND COUNTY: Entire County SARATOGA COUNTY= Entire Coun*y SCHENECTADY COUNTY: En~i~e County SCHOHARIE COUNTY: Entire County SCHUYLER COUNTY: Entire County SENECA COUNTY: Entire County STEUBEN COUNTY: Entire County ST, LAWRENCE COUNTY: Entire County SULLIVAN COUNTY: En*ire County TIOGA COUNTY: En*ire Coun{¥ TOMPKINS COUNTY: Entire County ULSTER COUNTY= Eh*ire Coun*y WARREN COUNTY: Eh*ire County HASHINGTON COUNTY= Entire County HAYNE COUNTY= Entire County HESTCHESTER COUNTY: Eh*ire County HYOHING COUNTY: En~lre County YATES COUNTY: Entire County linee~N~ ~ EXCLUDES - Teleda~a ,~ork within ~en fee~ of High Voltage transmission lines, for ~his work please see LINEMAN. HAGES: (per hour) 7/01/2004 Cable Splicer ................... $ 25.07 Installer/Repairman ............. 21.91 Teleda~a Lineman ............... 21.91 Technician/Equip oper ........... 21.91 Groundman ....................... 11.61 Page 15 IPr'evaiIing Rate ScheduIe New York Sta~e Department of Labor ............................... '---Case Number .................................. 0503702 ORANGE 2004 OVERTIME PAY: See (B,Q) orl OVERTIME PAGE HOLIDAY: Paid: ........ NONE Overtime: .... See (5,6,16) on HOLIDAY PAGE SUPPLEMENTAL BENEFITS: per hour worked ........ $ 3.05 Plus 3% of wage 6-i2qgLT Electrician Lineman Traffic Signal/Lighting COLUMBIA COUNTY: Entire County DUTCHESS COUNTY: En*ire County ORANGE COUNTY: En*ire County PUTNAM COUNTY: Entire Coun*y ROCKLAND COUNTY: En*ire Coun*y ULSTER COUNTY: En±ire County For Ail Ligh*ing and Traffic Signal Systems. HAGES: (per hour) 7/01/2004 Certified welder .............. $ $2.61 Lineman/Technician ............ $1.06 Digging Machine ................ 27.95 Tractor Trailer driver ......... 26.40 Truck Driver/Groundman ......... 24.85 Mechanic 1st Class ............. 24.85 Flagman ........................ I8.64 5/01/05 4/30/06 $Q.09 35.56 32.47 33.87 29.22 30.48 27.60 28.79 25.98 27.10 25.98 27.10 19.48 20.32 Above rates applicable on ALL Lighting and Traffic Signai SysAems and the ins~alla~ionz testing~ operation, maintenance and repair of ali traffic control and illumination pro~ects~ traffic monitoring systems= road Nea~her information systems and the ins~aila~ion of riber Op~zc Cable. OVERTIME PAY: See ( B, E, 9.) on OVERTIME PAGE. No~e* Double ~ime for ali emergency work designatedbY ~he Dep~ of Jurisdiction. NOTE: THE FOLLOHING RATES HILL APPLY ON ALL CONTRACTING AGENCY MANDATED SHIFTS OF AT LEAST FIVE ( 5 ) DAYS DURATION HORKED BETHEEN THE HOURS LISTED BELOH: 1ST SHIFT ..... 8:00 AM TO 4~$0 RN REGULAR RATE 2ND SHIFT ..... 4:$0 PM TO I:00 AN REGULAR RATE PLUS 17.5~ eEO SHIFT ..... i2:$0 AM TO 9:00 AM REGULAR RATE PLUS $1.q~ HOLIDAY= Paid: ...... See ( 5, 6, 8, 15, Z5 ) on HOLIDAY PAGE and Gov Election Day. Overtime:.. See (B; 6' 8; 13, 25 ) on HOLIDAY PAGE and Gov Election Bay. ~Supplements paid at STRAIGHT TINE rate for holidays. Page 16 Prevailing Ra±e Schedule New York SGa~e DepartmenG of Labor ................................... Case Number-: ................................ 0505702 ORANGE 200q The followin~ apprenGice ra~es and *he following supplemenGal benefiGs apply ~o all classifications, APPRENTICES:(IO00) hr Germs aG Ghe ~ollowing percenGage o~ ~ourneyman Nage lsG 2nd Srd q±h 5Gh 6~h 7th 60% 65% 70Z 75Z 80% 85% 90~ SUPPLEMENTAL BENEFITS: per Hour Worked including above lisGed hoiJdays. $ g,50 $10,50 $ll.50 plus plus plus 6.5% o~ ~age 6.5Z o~ wage 6.5% of wage 6-12q9eReg8LT ElecGrician Linemen Tree Trimmer PUTNAM COUNTY: Only in Ghe Brews~ed area. ORANGE COUNTY~ EnGire County ROCKLAND COUNTY: Entire County Applies Go line clearance, ~ree work and righG-o{-~ay preparation on all new or exisGing overhead elecGricai, ~elephone and CATV lines. HAGES (per hour) 7/01/0q 1/01/05 Tree Trimmer: Treeman ................... $ 18,97 1g.75 " Equip. Opera,or ...... 16.80 17.q7 " Nechanic ............. 16.80 17.q7 " Truck Driver ......... 1~.27 lq,8q " Inexperienced Grdsman 11.81 12.28 ' Flag Person .......... 8.5q 8.88 OVERTIME PAY: See B, E~ Q ) on OVERTIME PAGE. HOLIDAY: Paid: ........ See 5, 6, 8, 10, 15, 16 ) on HOLIDAY PAGE. Over~me~ .... See 5, 6, 8, 10, 15, 16 ) on HOLIDAY PAGE. ~SupplemenGs paid a~ STRAIGHT TIHE Ra~e for holidays. SUPPLEMENTAL BENEFITS= holidays) (per hour worked ~ncluding above lis~ed $ q.05+ q.15+ Hage wage No. 6-12q9TTso Elevator Constructor COLUMBIA COUNTY= Only ~he Townships of Ancram~ Clermon(, Copake, Gellalin, German~o~n, Livingston and Teghkmnic. GREENE COUNTY= Only ~he Townships of CaGsk~l! and Hunter. ROCKLAND COUNTY: Only ~he Township HESTCHESTER COUNTY.° Only ~he ToHnships of Bedford, Lewisboro, CorGland, Page 17 =revailing Rate Schedule NeH York State Department of Labor ............................... L--Case Number .................................. 0505702 ORANGE 200q Mt. Kisco, North Salem, Pound Ridge~ Somers and YorktoHn. DUTCHESS COUNTY: Entire County ORANGE COUNTY: Entire County PUTNAM COUNTY: Entire County SULLIVAN COUNTY: Entire County ULSTER COUNTY: Entire County HAGES: (per hour) 7/1/200~ 1/1/2005 1/1/2006 1/1/2007 Mechanic ............... $ $8.715 q0.715 q5.115 q5.115 Helper ................. 27.10 27.10 50.181 S1.581 OVERTIME PAY: .............. See (D,O,) on OVERTIME PAGE. HOLIDAY: Paid: ...................... See ( 5,6,15,16 ) on HOLIDAY PAGE. Overtime: .................. See ( 5,6,15,16 ) on HOLIDAY PAGE. Apprentice Rates: (lst 6mo) (2nd 6mo) [2nd yr) (Srd yr) (qth yr) 50% 55Z 65Z 70~ SUPPLEMENTAL BENEFITS: (per hour Horked) Journeyman ............. $ 10.77 11.77 12,595 13.825 + 8Z + 8Z + 8% + 8Z of Hage of wage of Hage of wage Helper & Apprentices ............ $ 10.77 11.77 12.595 13.825 + 6Z + 6Z + 6Z + 6Z of wage of Hage of wage of Hage 1-138 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) OT/O1/Oq Glazier ................. $ 59.15 OVERTIME:... See ( C~, D~ 0 ) on OVERTIME PAGE. ~ Denotes if an optional 8th hour is required same Hill be at the regular rate of pay. If 9th hour is Horked then both hours or more ( 8th and 9th or more ) Hill be at the double ~ime rate of pay. HOLIDAY: Paid= ...... See ( i ) on HOLIDAY PAGE. Overtime:.. See ( 5, 6~ 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the fol[oHing Hage rates. 1st 2nd Srd qth ~ 15.~9 $ 19.60 $ 2S.51 $ SI.SS Page 18 PrevaiIing Rate ScheduIe New York Sta±e Department of Labor ................................... Case Number--' ................................ 0505702 ORANGE 200q SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............. $ 17.q2 Appr ls~ term .......... 6.95 AppP 2nd ~erm ......... 11.29 Appr 5rd ~erm .......... 12.51 Appr qkh ~erm .......... lq.97 9-1281 (DC9 NYC) Ironworker DUTCHESS COUNTY: ORANGE COUNTY: PUTNAM COUNTY: ROCKLAND COUNTY: SULLIVAN COUNTY~ ULSTER COUNTY: HAGES: (par hour) Entire, County. Entire County. Entire County. Entire County. Entire County. Entire County. 7/01/200q S~ruc~ural ............ $ 5q.50 Reinforcing ........... 5q.50 Ornamental ............ 5q. BO Chain Link Fence ...... 3q.50 7/01/2005 $ 2.50 Per Hour OVERTIME: ..... See ( B~, E~, ~, V ) on OVERTIME PAGE. ~No~e: Double Tzme after 10 hours Monday thru Friday. ~Note: On Saturdays, double time after B hours. HOLIDAY: Paid: ....... See ( 1 ) on HOLIDAY PAGE. Overtime:... See ( 5, 6, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms a~ the following wage. ls~ 2nd 5rd $ 20.70 2q.15 27.60 SUPPLEHENTAL BENEFITS: (per hour paid) Journeyman ................ $ 20.85 Apprentice 1st year .............. 18.05 2nd year .............. 18.75 3rd year .............. 19.~5 8-q17 Laborer - Building DELAHARE COUNTY~ Only the Townships of Andes, Bovine. Davenport, Delhi, Franklin, Hamden, Harpersfield, Kor~righ(, Meredith, Hiddle~own, Roxbury, end Stamford. ~[ ~[~[ gn~¥ ~hE Tounship of Catskill. u~A~c ~uumm~. cntzre ~ounzy. SULLIVAN COUNTY. Eh(ire County. ULSTER COUNTY: Entire County. . ..... GENERAL LABORER: Flag person~ portable generazor :enaer, par:aDze pump tender~ pitmen and dumpman~ ~emporar¥ hea~ tender~ traffic control( AriiF~cie! ~urf. air chipping hammer, acoustic pump( mixer~ concrete, [aborer~ demolition, excavaizon, fire proofing~ oipzn~ for foundation end building, qunite, genera[ cleanup~ ~rading, backf~[lin~landscaeing, mason tender, 7ackhammer, pavement breaker, tempers~ walk oehind rozler, pressure blasttng~ signalperson, bug~ies~ wrecking= asphel(, blaster, chain saw, chippzn9 machine~ corrugate plpe~ cleao~ng machine, cutting torch, discharge pzpe, drilx chuck ~ender, explosive handler, hydraulzc Page 19 ~revailing Ra~e Schedule New York S±ate Depar~men± of Labor ............................... ---Case Number .................................. 0503702 ORANGE 200q split±er, joy and jib drill, pipe layer, leroi hydraulic drill or similar, megs mixer, power brush cu,*er, pump cre*e machine, rip rap, retention and toxic and hazardous was*e liners, air *rack, assembling and placing of gabion baskets. Asbestos aba*amen*, toxic and hazardous waste abatement, lead aba*amen*, and environmental work when pro*active equipment and clo*hing are NOT required. PREMIUM LABORER: Asbes*os aba*emen~ work, *oxic and hazardous aba*amen*, lead abatemen~ work, environmen*al work when pro~ec~ive clo±hing and equipmen± IS required. HAGES: (per hour)~ 7/01/200q 6/01/2005 6/01/2006 General .............. $ 25.00 $ 25.65 $ 1.7o Premium .............. 29.55 30.20 Per Hour Increase ~NOTE: For Heges ONLY: All work bid on or before July 1, 200q~ last year's prevailing wage ra~e shall continue ~o apply un~il December 31, 2004, a{ which ~ime ~he ra~es of pay effective e~ ~hat time shall be paid. OVERTIME: ..... See B, E, g ) on OVERTIME PAGE. HOLIDAY: Paid: ........ See 1 ) on HOLIDAY PAGE. Overtime: .... See 5, 6 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year ~erms at ~he following wage rates. ls~ ~erm ............. $ 16.09 $ 16.61 2nd ~erm ............. 19.01 19.63 3rd term ............. 21.9q 22.65 qth ~erm ............. 2q.86 25.67 SUPPLEMENTAL BENEFITS: (per' hour worked) Journeyman .... $ ~L3.20 $ lq.05 Apprentices,. ~ 1L0.75 11.30 8-17.DA Laborer - Heavy Highway DELAHARE COUNTY: Only ~he Townships of Andes, Bovina~ Middle~own{ Roxbury, Franklin, Hamden, Stamford~ Delhi, Kor~righ~, Harpersfield,Nered~h, and Davenport. GREENE COUNTY: Only ~he Township of Ca~skill. ORANGE COUNTY: En~zre Coun:y. SULLIVAN COUNTY: Entire County. ULSTER COUNTY: Entire CoLIn(y. CLASS l: Flagperson. CLASS 2: General laborer, chuck tender, nipper,powder carrier, magazine tender, concre(e men, vibrator men, mason ~ender, moP,ar men~ spraying, traffic control, custodia! work. *emporar¥ heat, pump men, pi~ men, dump men, asphal~ men, ~oint se~er, signalmen, pipe men, riprap, dry s~one layers~ ~ack hammer, bush hammer, pavemen* breaker, wagon drill, air *rack, pzb r~g~ ~oy drill~ gunnies nozzle, nozzle men on mulching seeding machines a~l seeding e sod laying, landscape Horkz walk behind self-prop, powers saws, grinder, groover, walk behind rollers and ~ampers of all *ypes, burner men, filling and wiring of baskets for gabion chain saw opera,or, railroad track laborers, power buggy 8 pumpcre~e opers. ~ireproof sprayer, plas~er 8 acoustic pumps, asbestos, ~oxic, lead or hazardous ma*erials when pro~ec*ive clo*hin~ 8 equipment is no* required, power brush c~**er~ reAention liners, artificial *urn, walk behind surface planer, ch~pp~ng hammer, manhole and ca~ch basin on ~nle~ building, mortar Page 20 Prevailing Ra±e Schedule ~ New York SGate ' W DeparGmenG of Labor .................................. Case Number ......... -"- ....................... 0505702 ORANGE 2004 mixer, laser men. CLASS 5: Asbestos, Goxic, lead or hazardous materials abatement when protective clothing and equipment is required, blasGer, hydraulic drill, asphalt screedman. WAGES: (per hour)~ 7/01/2004 CLASS 1 .................... $ 21.65 CLASS 2 .................... 27.05 CLASS 5 .................... 50.95 ~NOTE: For Wages ONLY: All work bid on or before July 1, 200fi{ last year's prevailing wage rate shall continue Go apply until December 51, 2004, aG which time Ghe rages of pay effective aG GhaG Gime shall be paid. SHIFT DIFFERENTIAL= On ail NYS D.O.T. or other Governmental mandated irregular or off shift work, an additional wage cn sGraighG Gime hours. OVERTIME: ..... See ¢ B~ E, 9, S* ) on OVERTIME PAGE. HOLIDAY: Paid: ........ Sea ( 5, 6, 15, 15, 25 ) on HOLIDAY PAGE. OverGime: .... See ( 5, 6, 15, 15, 25 ) ~NoGe: If Saturday Holiday is worked code S applies. APPRENTICES: ( 1 ) year Germs at Ghe following wage rates. ist term ................ $ 16.25 2nd t®rm ................ 19.21 5rd term ................ 22.16 qth term ................ 25.12 SUPPLEMENTAL BENEFITS= (per hour paid) Journeyman .............. APprentices ............. 10.65 8-17.1H/H Laborer - Tunnel GREENE COUNTY: Only the Township of CaGskill DELAWARE COUNTY: Only Ghe Townships of Andes, Bovina, Middletown, Roxbury, Franklin. Namden, Stamford, Delhi, Kortright, Harpers Field, Meredith and Davenport. ~H6~Gg_~HTY: ~n~¥ thE Townships of Columbus, Sherburne and NeHburgh. OTSEGO COUNTY; Entire County. SULLIVAN COUNTY: Entire County. ULSTER COUNTY: Entire County. CLASS 1: Laborer, pig and dump men, chuck tender, breakmen and po~dermen. CLASS 2: Miner and all machine men. safeGy miner, all shaft work, blaster, cement finisher, caisson work, drilling, blow pipe~ all air tools, tugger, scaling, nipper, gunniting (pot to nozzle), bit grznder, signalman (~op and bottom) concrete men, shield driven tunnel, mixed face & soft ~round linear plate tunnel in FREE AIR. Ail work in compressed air include miner, all machine men. eafeGy miner( all scaling, nipper, gunnitin~ from pot to nozzle( bit grinder, signal man, concrete men, camenG finisher, blaster, ali asbestos, lead, hazardous waste, toxic Page 21 iPrevailing Rate Schedule New York S~ate Departmen~ of Labor ............................... '--=Case Number .................................. 0503702 ORANGE 2004 waste, biooremediation and phy~o-remediation work. HAGES: (per hour)~ 7/01/200q TUNNEL LABORER: CLASS 1 ............... $ Z8.40 CLASS 2 ............... 32.05 ~NOTE: For Heges ONLY: Ali work bid on or before July l, 2004{ las% year's prevailing wage rate shall con~znue to apply until December 31, 200~. at which time the rates of pay effective at tha~ time shall be paid. SHIFT DIFFERENTIAL: On all NYS D.O.T. or other Governmental mandated irregular or off shift work, en additional 15% of wage on straight time hours. OVERTIME: ..... See B, E, Q, S~ ) on OVERTIME PAGE. HOLIDAY= Paid: ........ See 5, 6, 13, 15, Z5 ) on HOLIDAY PAGE. Overtime: .... See 5, 6. 15, 15, 25 ) ~No~e: If Saturday Holiday worked code S applies. SUPPLEMENTAL BENEFITS: (per hour paid) 8-17Tun Mason - Building ORANGE COUNTY: Entire county except the Township of Tuxedo. DUTCHESS COUNTY: Entire County SULLIVAN COUNTY= Entire County ULSTER COUNTY~ Entire County WAGES: (per hour) 7/01/2004 Bricklayer .............. $ 30.?g Cement Mason (Bldg) ..... 30.7g Plasterer/Stone Mason.. 50.7g Pointer/Caulker ......... 50.7g MAddi~ional $1.00 per hour for power san work ~Additional $0.50 per hour for swing scaffold or staging work OVERTIME PAY: Cement Mason: ........... See ( D, EZ, 0 ) on OVERTIME PAGE. All Others: ........... See (B; E, EZ, 9 ) on OVERTIME PAGE. HOLIDAYS: Paid: ................... See ( 1 ) on HOLIDAY PAGE. Overtime: ............... See ( 5, ~ ) on HOLIDAY PAGE. APPRENTICES: ( 1/Z ) year terms at the following percentage of Journeyman's wage. Ist 2nd 5rd qth 5th 6th 7th 8th 50% 55% 60% 65% 70% 75% 80% 85% SUPPLEMENTAL BENEFITS~ (per hour worked)PLUS HOLIDAYS Page 22 'revailing Ra±e Schedule New York State Department of Labor ................................... Case Number-: ................................ 0505702 ORANGE Journeyman: ............. $ 16.q9 Appr.lst & 2nd terms .... 8.25 All others .............. 16.q9 1-Sdu-b Mason - Building ORANGE COUNTY: Only 'the Township of Tuxedo. PUTNAM COUNTY: Entire.' County ROCKLAND COUNTY: Entire County HESTCHESTER COUNTY: Entire.~ County HAGES= (per hour) 7/01/200q Building: Bricklayer ............. $ $q.91 Cement Mason (Bldg. 3q.91 Plasterer/Stone Mason.. $q.91 Pointer/Caulker ........ 3q.91 MAdditional $1.00 per hour' for pouer saw work ~Additional $0.50 per hour- for swing scaffold or staging work OVERTIME: Cement Mason: .......... See All Others: ............ See HOLIDAYS: Paid: .................. See Overtime: .............. See ~ E2, 0 ) on OVERTIME PAGE. E, E2, Q ) on OVERTIME PAGE. 1 ) on HOLIDAY PAGE. 5, 6 ) on HOLIDAY PAGE. APPRENTICES=( 1/2 ) year 'terms at the following percentage of Journeyman's ls{ 2nd ~rd 4th 5th 6th 7th Bth 50Z 55% 60Z 65Z 70Z 75% 80Z 85Z SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............. $ 16.65 appr, lst & 2nd terms.. 8.33 ali others ............. [6.65 I~Swp-b Mason - Building Tile Setters 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 HESTCHESTER COUNTY: Entire County HAGES: (per hour) 7/Ol/Oq 12/O1/Oq 6/01/05 12/01/05 Building: Tile Set,ers ........ $ 38..85 $ ~9.85 $ fi1.$1 $ q2.27 OVERTIME:... See A, E, q ) on OVERTIME PAGE. HOLIDAY: Paid= ...... See I ) on HOLIDAY PAGE. Overtime:.. See 5, 6, B, 10, 11, 15, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hr)terms at the following percentage of ~ourneyman~s .age. 1st 2nd 3rd ~th 5th 6th Page 23 ,Pr'evailing Rate Schedule New York S~ate Departmen~ of Labor ............................... L--Casa Number .................................. 0503702 ORANGE 2004 50% 55% 65% 75% 85% 95% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman: ........ $ 18.1Z $ 1B.q3 $ 18.78 Apprentice $ 9.q3 + 9.~3 + 9.q3 + wage percentage of $ 8.43 9.00 9.55 19.Z8 9.93 + 9.35 9-7/52 Mason - Heavy Highway ORANGE COUNTY: Entire county excep~ the Township of Tuxedo. DUTCHESS COUNTY: Entire County SULLIVAN COUNTY: Entire County ULSTER COUNTY: Entire County HAGES: (per hour) 7/01/2004 Heavy/Highway: Bricklayer ............... $ 31.29 Cemen~ Mason ............. 51.29 Narble/Stone Mason ....... 51.29 Plasterer ................ 51.29 Pointer/Caulker .......... 51.29 Additional $1.00 per hour for power saw work Additional $0.50 per hour for swing scaffold or s~aging work OVERTIME: ................ See ( B,O ) on OVERTIME PAGE. HOL I DAY: Paid: .................... See ( 5,6,I5,Z5 ) on HOLIDAY PAGE. Overtime: ................ See ( 5,6,15,Z5 ) on HOLIDAY PAGE. APPRENTZCES: ( I/Z ) year terms a~ the following percentage of Journeyman's wa~3a. ls{ 2nd 3rd ~th 5~h 6~h 7~h 8~h 50% 55% 60% 65% 70% 75% 80% 85% SUPPLEMENTAL BENEFITS: (pep hour worked) PLUS HOLIDAYS Journeyman: .............. $ I6.q9 App,. ls~ 8 Znd ~erm ..... 8.Z5 Ali o~hers ............... I6.49 1-5du-H/H ~son - Heavy H~ghway g~6Mq~ ggNMIX[ gn~y ~h$ Township o~ Tuxedo. ROWLAND COUNTY. Entire County HESTCHESTER COUNTY: Entire County HAGES~ (~er hour) 7/01/200q Heavy/Highway: Bricklayer .............. $ 35.41 Cemen~ Mason ............ 35.ql Marble/S~one Mason ...... PIasterer ............... 35.~I Pointer/Caulker ......... 35.~1 ~Addi(ional $1.00 per hour for power saw work MAddi~iona! $0.50 per hour for swing scaffold or s~aging work OVERTIME PAY: ........... See ( B,O ) on OVERTIME PAGE. HOLIDAYS: Page Pr'availing Ra±e Schedule New York State Departmen~ of Labor ................................... Case Number-: ................................ 0505702 ORANGE Paid: ................... See ( 5, 6, 15, 25 ) on HOLIBAY PAGE. Overtime: ............... See (5' 6, 15, 25 ) on HOLIDAY PAGE. APPRENTICES=( 1/2 ) year ~berms a~ the following percentage 1st 2nd ~rd 4~h 5~h 6th 7~h 8th 50Z 55Z 60% 65% 70% 75Z 80% 85% SUPPLEMENTAL BENEFZTS= (per hour worked) Journeyman: ............. $ 16.65 Appr. 1st 8 2nd ~erms... All others .............. 16.65 1-SNP=H/H Mason - Tile Finisher NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs ORANGE COUNTY: Entire County PUTNAH COUNTY: Entire County ROCKLAND COUNTY= Entire County SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 7/01/04 12/O1/Oq 6/01/05 12/01/05 Building: Tile Finisher .............. $ 52.19 $ $5.29 $ 53.39 $ 5~.00 OVERTIME: .... See A, E, 9 ) ON OVERTIME PAGE. HOLIDAY: Paid: ....... See I ) on HOLIDAY PAGE. Over,imm:... See 5, 6, 8, lO, 11, 15, 16 ) on HOLIDAY PAGE. APPRENTICES= ( 750 hour ) ~erms a~ the folloH~ng percentages of journeyman's ls~ 2nd 3rd 4~h wa~- 6~h 7~h 50% 55% 65% 70% 75% 85% 90% 95% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ................ $ 15.55 $ 15.55 $ 16.$5 Apprentices ............... $ 7.00 + 7.00 + 7.00 + ~age percentage of $ 8.55 8.55 9.40 $ 16.85 7.50 + 9.35 9-7/88 Operating Engineer - Building Heavy HighNa¥ Sewer Survey DELANARE COUNTY= Entire County. ORANGE COUNTY: Entire County. ROCKLAND COUNTY= Entire County. SULLIVAN COUNTY: Entire County. ULSTER COUNTY: Entire County. CLASS A= Autograde-Combn. Subgrader, Base He,erie! Spreader and Base Trimmer (CMI and Similar Types), Autograde Placer-Trimmer-Spreader Comb. (CMl 8 Similar types), Autograde Slipform Paver (CMI 8 Similar Types), Backhoe~ Central PoHer Plants (all types), Concrete Paving Machines, Cranes (eli types, incl. Overhead 8 Straddle Traveling Type), Cranes-Gantr¥~ Derricks (Land or Floating), Drillmaster, Quarrymester (Down the Hole Drill)~ Rotary Drill, Sel~-Propelled Hydraulic Drill. Sel~-Powered Drill~ Draglines~ Elevator Graders, Fron~ End Loaders (5 yds.and over)~ GradaliS, Grader-Rago, Helicopters (Co-Pilot), Helicopters (Communications Engineer), Locomotive Page Z5 revailing Rate Schedule New York Sta±e Department of Labor ............................... L--Case Number .................................. 0505702 ORANGE ZOOt (Large), Mucking Machines. Pavement & Concrete Breaker, i.e., Superhammer & Hoe Ram, Piledr~ver (length of boom including lead length shall determine premium rate applicable), Roadway Surface Grznder, Scooper (Loader and Shovel), Shovels, Tree Chopper wzth Boom and Trench Machines. CLASS B: 'A' Frame, Backhoe (Combination), Boom Attachment on Loaders (Rate based on size Bucket=not applicable to pipehook), Boring and Brilling Machines, Brush Chopper, Shredder and Tree Shredder, Cableways. Carryalls, Concrete Pump, Concrete Pumping System, Pumpcrete and Similar Types, Conveyors [12B ft. and over), Drill Doctor [duties inci. Dust Coilector Maintenance), Front End Loaders (2 yds. but lees than 5 yds.], Graders (Finish), Groove Cutting Machine (Rzde on Type), Heater Planer, Hoists (all type Hoists, shall also include Steam, Gas~ Diesel. Electric, Air Hydraulic, Single and Double Drum, Concrete, Brzck Shaft Caisson, Snorkel Rood~ and/or any other Similar Type Hoisting Machines, portable or statzonary, except Chicago Boom Type), Long Boom Rate to be applied if Hoist is "Outside Material Tower Hoist," Hoists (Chicago Boom Type), Hydraulic Cranes-lO tons and under, Hydro-Axe, Jacks-Screw Air Hydrauiic Power Operated Unit or Console Type (not hand Jack or Pile Load Test Type), Log Skidder. Pans, Pavers (all) concrete,Pumpcrete Machines,Squeeze-crete 8 Concrete Pumping [regardless of size), Scrapers, Side Booms~ "Straddle"Carrier-Ross and similar types, Hinch Trucks (Hoistzng), Vacuum Truck, Hhip Hammer. CLASS C: Asphalt Curbing Machine, Asphalt Plant Engineer, Asphalt Spreaders, Autograde Tube Finisher and Texturing Machine (CMI& Similar types), Autogrede curecrete machine (CMI& Similar Types), Autograde Curb Trimmer & Sidewalk. Shoulder, Slipform (CMl & Similar Types), Bar Bending Machines (Power),Batchers,Batching Plant and Crusher on Site, Belt Conveyor Systems, Boom Type Skimmer Machines. Bridge Deck Finisher, Bulldozer (aii)z Car Dumpers (Railroad), Chief Of Party, Compressor and Bio.er Type Un.ts (used indepen-dentl¥ or mounted on dual purpose Trucks, on Job Site or in con~unction wzth ~obsite. in Loading and Unloading of Concrete. Cement, Fly Ash, Instacrete~ or Similar Type Materials). Compressors (2 or $ in Battery), Concrete Breaking Machines, Concrete Finishing Machines, Concrete Saws end Cutters (Ride-on type) Concrete Spreaders (Hetzei, Rexomatic and Similar Types). Concrete Vibrators. Conveyors (under 125 feet)~ Crushing Machines, Ditchin~ Machine-small (Ditch-witch. Vermeer, or Sim~iar type), Dope Dots (Mechanical wi~h or without pump), Dumpsters, Elevator, Fireman, ForkLifts (Economobile, Lull and Similar Types of Equipment), Front End Loaders (1 yd.and over but under 2 yds.), Generators (2 or ~ in Battery), Giraffe Grinders. Graders 8 Hotor Petrols, Gunnite Machines (excluding nozzle), Hammer Vibrator (in con~unction with Generator), Hoists-Roof, Tugger, Aerial Platform Hoist & House Cars), Hoppers~ Hopper Doors (power operated), Ladders (motorized), Laddervator, Locomotive-dinky type, Maintenance -Utility Man, Mechanics, Mixers (Excepting Paving Mzxers), Motor Patrols and Graders, Pavement Breakers (smell self propelled ride on ~ype-eleo maintains compressor hydraulic unit), Pavement Breaker-truck mounted, Pipe Bending Machine (Power}, Pitch Pump, Plaster Pump (regardless of size), Post Hole Digger (Post Pounder & Auger), Rod Bending Machznes (Power), Roller,Black Top. Scales (Power), Seaman pulverizing mixer, Shoulder widener, Silos~ Skimmer Machines (boom-type),Stee! Cutting Machine (service & maintain), Tractor, Tug Captain. Vibrating Plants (used inconjunction with unloading)~ Helder and Repair Mechanics. CLASS D= Brooms and SHeerers, Chippers, Compressor (single), Concrete Spreaders (small type). Conveyor Loaders (not including Elevator Graders), Engines-large diesel (1620 Hr) and Staging Pump, Farm Tractors, Fertilizing E~uipment (Operation & Maint. of). Fine Grade Machine (small type). Form Line Graders (small type), Front End Loader (under I yard), Generator (sing[e)~ Grease, Gas, Fuel and Oil supply trucks, Heaters (Nelson or other ~ype incl. Propane. Natural Gas or FloNtype Units), Lights, Portable Generating Light Plante, Mixers (Concrete~ small). Hulching Equipment (Operation an~ Maintenance :of), Pumps (fi inch.suction & over inc~. submersible pumps), Pumps (2 inch or less than four (q) inches such incl. submersible pumps), Pumps (,Diesel Engine and Hydraulic-immaterial of power, Page 26 Prevaiiing Rate ~chedule New York State Department of Labor ................................... Case Number-L ................................ 0503702 ORANGE Z004 Road Finishing Machines (small type), Rollers-gradej fill or stone base, Seeding Equip. (Operation and Maintenance of). Sprinkler & Hater Pump Trucks (used on 3obsite or in conjunction Hith ~obsite), Steam Jennies and Boilers-irrespective of use, Stone Spreader, Tamping Machines Machines, Vibrating Ride-on. TemPorary Heating Plant (Nelson or other type. incl. Propane, Natural Gas or FloH Type Units), Hater S Sprinkler Trucks (used on or in conjunction Hith ~obsite), He[ding Hachines (Gas, Diese[, and/or Elec-tric Converters of any type. sing[e, tho, or three in a battery), He[lpoint Systems (inc[udiLng Installation by Bull Gang and Haintenance o~). CLASS E: Assistant Engineer/Oiler, Maintenance Apprentice (Deck Hand), Maintenance Apprentice (O[ler)~ Mechanics~ He[per, Tire Repair and Maintenance, Transit/Instrument~ Man. HAGES= (per hour) 7/01/2004 Class A .............. $ 35.12 Class B .............. 33.53 Class C .............. 31.62 Class D .............. 29.99 Class E .............. 28.28 Helicopter Pilot/Engineer ...... $6.94 Chief of Party ....... 31.62 Instrument Man ....... 28.28 Rod/Chairman ......... 25.70 SHIFT HORK= On all Government mandated irregular or off shi~t Nork, an additional 15% on straight time hours. On machines Hith booms (including Jib) of lO0 to [39~ an additional $0.50 per hour. On machines Hith booms (including ~ib) of 1~0~ and over an additional $0.75 per hour. Additional 202 per hour for DEC or EPA certified toxic or hazardous Haste Hork. For S~eel Erection,Class A for booms including ~ib less then 140 feet add $1.~6~ over 140 feet add $2.02 per hour. Class B add $1.]6 per hour, Class C ada $0.41 per hour, Class D add $0.51 per hour, Class E add $0.~6 per hour. For Helicopter Pilot/Engineer add $1.8! per hour. OVERT[ME= ..... See ( B, E, ~, V ) on OVERTIME PAGE. HOLIDAYS: Paid= ......... See ( 5, 6, 10, [5, 15 ) on HOLIDAY PAGE. Overtime= ..... See (S' 6, IO, 13, 15 ) on HOLIDAY PAGE. APPRENTICES= (1) year terms at the fol[oHing ~ercentege of ~ourneyman~s Hage. let 2nd 3rd 4th 60% 70% 80% 90% SUPPLEMENTAL BENEFITS: (per hour paid) $ 18.90 G-825 Operating Engineer - Marine Construction ALBANY COUNTY: Entire County ONEIDA COUNTY~ Entire County ALLEGANY COUNTY= Entire CoUnty ONONDAGA COUNTY= Entire County BROOME COUNTY= Entire County ONTARIO COUNTY: Entlre County CATTARAUGUS COUNTY= Entire County ORANGE COUNTY= Entire County CAYUGA COUNTY= Entire County ORLEANS COUNTY= Entire County CHAUTAUQUA COUNTY= Entire County OSHEGO COUNTY= Entlre County CHEHUNG COUNTY= Entire County OTSEGO COUNTY: Entire Coun*y CHENANGO COUNTY= Er*ire County PUTNAH COUNTY= Entire County Page 27 ,availing Rate Schedule New York State Department of Labor ............................... '---Case Number .................................. 0503702 ORANGE 2004 CLINTON COUNTY: Entire County RENSSELAER COUNTY: COLUMBIA COUNTY: Entire County CORTLAND COUNTY: Entire Count DELAHARE COUNTY: Entire Count DUTCHESS COUNTY: Entire Count ERIE COUNTY: Entire Count ESSEX COUNTY: Entire Couni FRANKLIN COUNTY: Entire Count FULTON COUNTY: Entire Count GENESEE COUNTY: Entire Count GREENE COUNTY: Entire Count HAMILTON COUNTY: Entire Count HERKIHER COUNTY: Entire Count JEFFERSON COUNTY: Entire Count LEHIS COUNTY: Entire Count LIVINGSTON COUNTY: Entire Count MADISON COUNTY: Entire Count MONROE COUNTY: Entire Coun~ MONTOMERY COUNTY: Entire Coun~ NASSAU COUNTY: Entire Count NEH YORK CITY: Entire County NIAGARA COUNTY: Entire County HAGES: (per hour) 7-Ol-Oq DIPPER S CLAMSHELL DREDGES CLASS A: Operator ........................ $ 28.07 CLASS B: Opera,or II ..................... $ 23.0~ Engineer ......................... 2~.72 Boat Master ..................... 25.24 CLASS C= Maintenance Eng .................. $ 23.59 Mate ............................. 21.99 Drag Barge Operator ............. 21.99 HelPer ........................... 25.22 Boat Capt ........................ 22.15 Chief o~ Party .............. 21.99 CLASS D: Oiler ........................... $ 18.59 ScoHman ......................... 17.88 Rodman .......................... 17.88 Tug Deckhand .................... 18.15 Deckhand ........................ 18.15 ROCKLAND COUNTY: SARATOGA COUNTY: SCHENECTADY COUNTY: SCHOHARIE COUNTY: SCHUYLER COUNTY: SENECA COUNTY: STEUBEN COUNTY: ST. LAHRENCE COUNTY: SUFFOLK COUNTY: SULLIVAN COUNTY: TIOGA COUNTY: TOMPKINS COUNTY: ULSTER COUNTY: HARREN COUNTY: HASHINGTON COUNTY: HAYNE COUNTY: HESTCHESTER COUNTY: NYOHING COUNTY: YATES COUNTY: Entire County' Entire County Entire County Entire County Entire Coun~ Entire County Entire County Entire County Entire County Entire County Entire County Entire County Entire County Entire County Entire County Entire County Entire County Entire County Entire County Entire County 7-Ol-Ofi HYDRAULIC DREDGES CLASS A: Leverman ........................ $ 27.56 CLASS B: Leverman II .................... $ 25.04 ~ng~neer ........................ 24.17 errick Opera,or ............. 2~.17 Chief Ma~e ................. :.. 23.82 Chief Helder .................... 24.48 Electrician ..................... 25.45 Fill Placer ..................... 25.82 Assr. Fill Placer ................ 21.80 Boat master ..................... 23.25 Page 28 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number-2 ................................ 0505702 ORANGE 200q CLASS C: Maintenance Eng ................. $ 25.59 Mate ............................ 21.9g Drag Barge Operator ............. 21.99 Helder Dredge ................... 25.21 Spider Barge Operator .......... 25.01 Boat Capt ....................... 22.15 Chief of Party .................. 21.99 CLASS D: Oiler ........................... $ 18.59 Shoreman ........................ 17.90 Rodman .......................... 17.90 Deckhand ........................ 17.90 Tug Deckhand .................... 18.15 OVERTIME= See ( B, F, R ) on OVERTIME PAGE. HOLIDAY: Paid. See ( 5, 6, 8, lB, 26 ) on HOLIDAY PAGE. Overtime: See (B; 6; 8~ 15, 26 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) "The following SUPPLEMENTAL BENEFITS apply to ALL categories" 7-Ol-Oq Ail Class A & B ............... $ 6.AS plus 7% (overtime hours add) ............ $ 1.25 All Class C .................... $ 5.85 plus 7% of wage (overtime hours add) ............ $ 0.95 All Class D ................... $ 5.25 plus (overtime hours add) ........... q-25a Operating Engineer -Trenchless Pipeline ALBANY COUNTY: Entire Count ALLEGANY COUNTY: BROOME COUNTY~ CATTARAUGUS COUNTY: CAYUGA COUNTY: CHAUTAUQUA COUNTY= CHEMUNG COUNTY= CHENANGO COUNTY: CLINTON COUNTY: COLUMBIA COUNTY: CORTLAND COUNTY: DELANARE COUNTY: Entire Count Entire Count Entire Count Entire Count Entire Count Entire Count Entire Count Entire Count Entire Coun~ Entire Count Entire Count Rehabilitation ONEIDA COUNTY= ONONDAGA COUNTY: ONTARIO COUNTY: ORANGE COUNTY~ ORLEANS COUNTY= OSHEGO COUNTY: OTSEGO COUNTY= PUTNAM COUNTY= RENSSELAER COUNTY= ROCKLAND COUNTY= SARATOGA COUNTY: SCHENECTADY COUNTY: Entire County Entire County Entire County Entire County Entire County Entire County Entire County Entire County Entire County Entire County Entire County Entire County Page 29 Oevail,ing Rate Schedule New York State Department of Labor ................................... Case Number .................................. 0503702 ORANGE 2004 DUTCHESS COUNTY: Entire Count SCHOHARIE COUNTY: Entire County SCHUYLER COUNTY: Entire County ERIE COUNTY: Entire Count ESSEX COUNTY: Entire Count FRANKLIN COUNTY: Entire Count FULTON COUNTY: Entire Count GENESEE COUNTY: Entire Count GREENE COUNTY: Entire Count HAMILTON COUNTY: Entire Count HERKIMER COUNTY: Entire Count JEFFERSON COUNTY: Entire Count LEHIS COUNTY: Entire Count LIVINGSTON COUNTY: Entire Count MADISON COUNTY: Entire Count MONROE COUNTY: Entire Count MONTOMERY COUNTY: Entire Count NASSAU COUNTY: Entire Count NEH YORK CITY: Entire Count 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 HARREN COUNTY: Entire County HASHINGTON COUNTY: Entire County HAYNE COUNTY: Entire County HESTCHESTER COUNTY= Entire County HYOMING COUNTY: Entire County YATES COUNTY: Entire County NIAGARA COUNTY: Entire Count On Contracts for Inspection Only: These rates Do Not APPLY. IMPORTANT NOTE: Rates apply to pipeline repair utilizing a Cured-In-Place Pipe (CIPP) lining system. For ail other pipeline repair work, the traditional classzfication and corresponding wage rates apply, OPERATING ENGINEER - Trenchless Pipeline Rehabilitation 7-01-0~ Lead Tec TV Crew ............. $ 35.51 Hat Out Tec .................. $ 3q.20 Technician ................... $ 32.89 Boiler Operator .............. $ 33.54 Yard rate .................... $ 28.96 Yard Mechanic ................ $ 33.5q NOTE: PREMIUM PAY 20% on straight time hours for NEH YORK STATE D.O.T, and other GOVERNMENTAL MANDATED off-shift work. OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIDAY: Paid: ....... See ( 5, 6, 13, 9, 15. 25 ) on HOLIDAY PAGE.~ ~ must work day before ~ day after or receive 2 hfs per intermittent day Overtime: .... See ( 5, 6, G, 9, 15, 25 ) on OVERTIME PAGE.~ APPRENTICE ( I ) year terms at the folloHing rates; 1st yr .................... $ 19.01 2nd yr .................... 19.7B Srd yr .................... 20.59 SUPPLEMENTAL BENEFITS: (per hour Horked) Page 30 Prevailing Rate Scheduie New York State Department of Labor ................................... Case Number-j ................................ 0503702 ORANGE 2004 Journeyman ............... $ 23.29 Note: OVERTIME Journeyman, 20.60 Apprentice ............... 1~.6~ Note: OVERTIME Apprentice 5.60 ~-138 Painter - Bridge/Structural Steel NEH YORK CITY: Entire County PUTNAM COUNTY: Entire County HESTCHESTER COUNTY: Entira County ROCKLAND COUNTY: Only Rockland side of the Tappan Zee Bridge ORANGE COUNTY: Only Orange County side of fha Beer Mountain Bridge ~Including the Tappan Zee and Bear Mountain Bridges. HAGES: (per hour) 7/O1/Oq STEEL= "~Bridge ................ $ q0.25 ,7 Spray ................... fi6.25 "Sandblasting ............ q6.25 "Power Tool .............. ~6.25 lO/O1/Oq $ q2.00 q8.00 qB.00 ~8.00 ~For Bridge Painting Contracts, ALL HORKERS on and off the bridge (including Flagman) are to be paid Painter's Rate; the contract must be ONLY for Bridge Painting. OVERTIME: .... See ( A, F, R ) on OVERTIME PAGE. HOLIDAY: Paid: ........ Overtime: .... See ( 1 ) on HOLIDAY PAGE. See ( 5, 6 ) on HOLIDAY PAGE. APPRENTICES:(1) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd qO% 60% 80Z SUPPLEMENTAL BENEFITS: (par hour worked) ~8.5Z of wages $fi.50 per hr. qS.SZ o~ wages $5.00 per hr. 9 DC-9/806 Painter - HighHay Stripin~ ALBANY COUNTY: Ent=re 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: Entipe County NEM YORK CITY: Entire 5 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 Page 31 revailing Rate Schedule New York Sta±e Department of Labor ............................... :---Case Number .................................. 0503702 ORANGE 2004 SCHOHARIE COUNTY: SUFFOLK COUNTY: SULLIVAN COUNTY: ULSTER COUNTY: NARREN COUNTY: NASHINGTON COUNTY: NESTCHESTER COUNTY: HAGES: (per hour) Entire County Entire County Entire County Entire County Entire County Entire County Entire County 7/O1/OQ Painter (Striping-High~ay): Striping-Machine Operator ........... $ 23.06 Linerman Thermoplastic ............. 27.79 OVERTIME: .... See B, E, P, S ) on OVERTIME NOLIOAY: Paid: ........ Overtime: .... APPRENTICES: 1st term 2nd term 3th term 4th term SUPPLEMENTAL BENEFITS: See See (1) year terms at the ~olloNing $ 15.89 16.67 19.45 20.84 (per' hour paid) Painter - Metal Polisher ALBANY COUNTY: Entire 6/01/05 $ 25.64 28.q9 PAGE. 5, 8, :ll, 12, 15, 16, 17, 20 )ON HOLIDAY PAGE. 5' 8; 11, 12, 15, 16, 17, 20, 21, 22 ) ON HOL[DAY PAGE. wage~ lq.24 17.09 19.94 21.S6 Count ALLEGANY COUNTY: Entire Count BROOME COUNTY= Entire Count CATTARAUGUS COUNTY: Entire Count CAYUGA COUNTY: Entire Couni CHAUTAUQUA COUNTY: Entire Count CHEHUNG COUNTY: Entire Coun* CHENANGO COUNTY: Entire Coun* CLINTON COUNTY: Entire Coun~ COLUMBIA COUNTY: Entire Count CORTLAND COUNTY: Entire Count DELAHARE COUNTY: Entire Count DUTCHESS COUNTY: Entire Coun~ ERIE COUNTY: Entire Coun4 ESSEX COUNTY: Entire Coun4 FRANKLIN COUNTY: Entire Count FULTON COUNTY: Entire Count GENESEE COUNTY: Entire Count GREENE COUNTY= Entire Coun~ HAMILTON COUNTY: Entire Count HERKIMER COUNTY: Entire Coun~ JEFFERSON COUNTY: Entire Count LENIS COUNTY= Entire Couni LIVINGSTON COUNTY: Entire Count MADISON COUNTY: Entire Count MONROE COUNTY= Entire Count MONTGOMERY COUNTY: Entire Count NASSAU COUNTY: Entira Coun~ MEN YORK CITY: Entire BBor NIAGARA COUNTY: Entire, County 6.58 + $ 7.14 + 7% of Hags 9-8a/28a (250) ONEIDA COUNTY: Entire County ONONDAGA COUNTY: Entire County ONTARIO COUNTY: Entire County ORANGE COUNTY= Entire County ORLEANS COUNTY: Entire County OSNEGO 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. LANRENCE COUNTY: Entire County SUFFOLK COUNTY: Entire County SULLIVAN COUNTY: Entire County TIOGA COUNTY= Entire County TOMPKINS COUNTY= Entire County ULSTER COUNTY: Entire County NARREN COUNTY: Entire County HASHINGTON COUNTY= Entire County NAYNE COUNTY: Entire County HESTCHESTER COUNTY= Entire County HYOMING COUNTY: Entire County YATES COUNTY: Entire County ghs Page 52 Prevailing Ra±e Schedule Ne~ York StaGe DeparGmenG of Labor ................................... Case Number-: ................................ 0505702 ORANGE ZOOq HAGES: (per hour) 7/01/Oq Me,al Polisher ........ $ 21.98 Ail workers shall be paid a premium in an amounG equal Go GHanGy ( 20% ) per cen~ of ~heir basic sGraighG time rage of pay for ail Gime Horked on hanging scaffolds and on sGanding scaffolds Hhile working more Ghan 28 fee~ off the ground, such premium Go ~a paid on top of Gheir sGraight Gime or overGima, whichever is applicable. OVERTIME: .... See ( B, E, 9 ) on OVERTIME PAGE. HOLIBAY: Paid: ....... See (5,6,9,I1,15,16,25) on HOLIDAY PAGE. OverGime:.. See (5,6,9,1L1,15,16,25) on HOLIDAY PAGE APPRENTICES: 55% of Basic Polisher RaGe (~) SUPPLEMENTAL BENEFITS: (Z of ToGel Hage$) Journeymen & ApprenGice -- 55Z of Hages 9 - 8A/28A PainGer - Orange ORANGE COUNTY: Entire County HAGES: (per hour) ~NOTE~ For Tappan Zee Bridge and Bear Mtn.Bridge ragas, see NYC,PUTNAM, or HESTCHESTER counties, Painter DC-9/Bridga-SGeel. Brush ................... Dry Hall finisher ....... Sandblae~er-PainGer .... Lead Abatement .......... Spray Rate 7/01/200~ 5/01/05 5/01/06 5/01/07 AddiG. AddiG. Addit. 1.20 1.20 1.20 $ 22.9~ 22.94 22.94 22.9~ 23.9~ Structurai SGeei ........ 45.0q Tanks over 100,000 Gal or over 20" High ...... SandblasGer-Brldge ...... ~XBridgee, Ridges, ToNers~ Smoke Stacks, Flag Poles.. 45.04 SHing Stage, BoaGswain Chair, Pick end Cables Over 20~ High ........... Hindow Jack, SafeGy BeiG 43.04 ~For Bridge Pain~ing Con~racts, ALL HORKERS on and off the bridge (including Flagmen~ are ~o be paid Painter's RaGe; the contract musG be ONLY for Bridge PainGing. OVERTIME PAY: ........... HOLIDAY: Paid: ................... OverGime: ............... See ( B, E, Q ) on OVERTIME PAGE. See ( I ) on HOLIDAY PAGE. See ( 5, 6 ) on HOLIDAY PAGE. Page 35 Prevailing Ra~e Schedule NeH York S~a~e Oepar*men~ of Labor ............................... :---Case Number .................................. 0503702 ORANGE 2004 APPRENTICES: ( 1/2 ) year ~erm a* ~he folloHing percentage of Journeyman's Is~. ~nd. 3rd. ~th. 5~h. $~h. ~0~ 50~ 60~ 7()~ 80Z 90Z SUPPLENENTAL BENEFITS: (pEer hour Horked) Journeyman .............. $ 11.7q Appr. ls~ ~erm 4,7Q All o~her apprs, lI,7q 1-1550R Plumber - Jobbing / Alterations ORANGE COUNTY: The remainder of ~he County. ULSTER COUNTY: Only the ToHnships of PIat~ekill, Narlboro, HaHarsing, end ShaNangunk (Excep~ for' HalIkill and Shawangunk Prisons) SULLIVAN COUNTY Entire Coun{y THE FOLLOHING RATES ONLY APPLY ON JOBBING & ALTERATION NORK: HAGES~ (per hour) 7/O1/ZOOq Plumber/Steamfitter .......... $ 2Z.O0 JOBBING & ALTERATION HORK: Is any repair and/or replacement of present plumbsng sys±em tha~ does no~ change existing roughing or Ha~er supply lines, OVERTINE: .... See ( B~ E~ Q~ V ) on OVERTINE PAGE. HOLIBAY= Paid: ....... See ( i ) on HOLIDAY PAGE. Overtime:... See ( 5, ~, lO, I5, l~ ) on HOLIBAY PAGE. APPRENTICES: (II year ~erms at ~he folloHing percentage of ~ourneyman~s ~ege. 1st 2nd ~rd qth 5~h $ 8,~g lO.Z7 13.ZO 1S.~l lB.71 SUPPLENENTAL BENEFITS: ( per hour Horked ) Journeyman .................. $ 5.95 Apprentices 1st term ................... 3.37 Znd term ................... 5.75 Srd term ................... q.25 q~h term ................... q.69 5th term ................... 5.33 8-373.2Job/Al~ Plumber - Jobbing / Alterations ORANG[ COUNTY:_.On.[¥ in,~he ToHn. ahiRs,_Vi.~lages..an, d' .Ha. mle~.a .of L.a. ke.vi11.e, Junction, GreenHood Lake, Honroe, Harr~man, Hoodbury Fel[a, Hoodbury~ Hoodbury Station, Centre! Ve[ley, and ~he Palisades Interstate end Bear Hountein Parka. ROCKLAND COUNTY= Entire County. THE FOLLOHING RATES ONLY APPLY ON JOBBING & ALTERATION HORK= HAGES: (per hour) 7/01/200~ Plumber/S*eamfitter ......... $ 22.g5 Page 3q Prevailing Rate Schedule NaN York State Department of Labor ................................... Case Number--' ................................ 0503702 ORANGE 200q JOBBING & ALTERATION HORK: Is any repair and/or replacement of present plumbzng system that does not change existing roughing or Hater supply lines. For Existing Facilities See ( B, E, ~, V ) on OVERTIME PAGE. OVERTIME: HOLIDAY: Paid: ...... See Overtime:.. See APPRENTICES: ( i 1st 2nd $ 8.88 10.77 1 ) on 'HOLIDAY PAGE. 5, 6, ].0, 15, 16 ) on HOLIDAY PAGE. year terms at the folloHing Hages. 13.77 16.07 19.52 SUPPLEMENTAL BENEFITS: (per hour Norked) Journeyman ................ $ 7.45 Apprentice 1st term ................. 4.42 2nd term ................. q.88 Srd term ................. 5.45 4th term ................. 5.97 5th term ................. 6.71 8-375.1Job/Alt Plumber - Refrigeration ORANGE COUNTY -OnIy the, ToNnships, Villages, and Hamlets of Lakeville, Four Corners, Sterling Forest, Tuxedo Park, Southfields, Arden, NeNburgh Junction~ GreenNood Lake, Monroe, Harriman, Noodbury Falls, Hoodbury, Hoodbury Station, CentreI Valley and the PaIisades Interstate and Bear Mountain Parks. ROCKLAND COUNTY: Entire County. REFRIGERATION/AIR COOLING/AIR CONDITIONING~ For refrigeration Nhere combined compressor tonnage does not exceed 25 tons. For Hater-cooled air conditioning Nhere units do not exceed 10 tons, including piping of the componen~ system and erection of Hater toner. For air-cooled air conditioning Nhere units do not exceed 25 tons. HAGES: (per hour) 7/01/2004 Plumber/Steamfitter ......... $ 27.54 OVERTIME: .... HOLIDAY: Paid= ....... Overtimes... APPRENTICES: 1st. $ ll. O1 See ( B, G, P ) on OVERTIME PAGE. See ( 5, 6, 13, 15, 25 ) on HOLIDAY PAGE. See (5' 6' 15, 15, 25 ) on HOLIDAY PAGE. ( 1 ) year terms at the folloNing Nege. 2nd. 5rd. qth. 5th. 13.77 16.52 19.27 23.q0 SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................. $ 10.28 Apprentices 1st term ......... 5.50 2nd term .................. 6.22 Srd term .................. 7.16 Page 35 3revailing R~te Schedule New York Sta±e , Department of Labor ................................... Case Number .................................. 0505702 ORANGE 2004 4~h ~erm .................. 8.08 5th term .................. 9.48 8-373.1Refnig Plumber - Refrigeration ORANGE COUNTY: The remainder of the County. SULLIVAN COUNTY: Entire County. ULSTER COUNTY: Only the Townships of Plattekili, Marlboro, Hawarsing, and Shawangunk (except for Nalikiil and Shawangunk Prisons), REFRIGERATION/AIR COOLING/AIR CONDITIONING: For refrigeration where combined compressor tonnage does not exceed 25 tons. For water-cooled air conditioning where unite do not exceed 10 tons, including piping of the component system and erection of water toner. For air-cooled air conditioning where unite do not exceed 25 tons. HAGES: (per hour) 7/01/2004 Plumber/Steamfitter ........ $ 21.05 OVERTIME:.. See ( B, G, P ) on OVERTIME PAGE. HOLIDAY: Paid=... See [ ~; ~; 13, 15, 25 ) on NOLIOAY PAGE, Overtime;' See ( 13, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the foIlowing wage, let 2nd 3rd 4th 5th $ 9.47 11.57 13.68 14.73 16.84 SUPPLEMENTAL BENEFITS: (per hour paid). Journeyman ................. $ 10.43 Apprentices let term ................ 7.52 2nd term .................. 8.05 3rd term .................. 8.58 ~th term .................. 8.8~ 5th term .................. 9.37 8-373.2 Refrig Plumber/Steamfitter ORANGE COUNTY: Only the ToNnships, Villages, and Hamlets of Lakeville. Four Corners, Sterling Forest, Tuxedo Park, Southfielde, Arden, Newburgh Junction, GreenNood Lake. Monroe. Narriman, Hoodbury Falls, Hoodbury, Hoodbury Station and Central Valley and the Palisades Interstate and Bear Mountain Parks. ROCKLAND COUNTY= Entire County. HAGES: (per hour] 7/Ol/ZOOq Projects over $Z$0,000.00 Plumber/Steamfitter ................ $ 3~. O0 Projects $230,000.00 and under. Plumber/Steamfitter ................ $ 30.61 Page 36 Prevailing RaKe S~hedule New York S~a±e Depar±men± of Labor .................................. Case Number--~ ................................ 0503702 ORANGE 200q ~Note: For all work ~0-60 ~eeA above ground add $ 0.25 per hour, over 60 feet add $ 0.50 per hour. OVERTIME= For Existing Facilities See (o'B'voE')Q'nV ) on OVERTIME PAGE. For MeN Construction See ( D, OVERTIHE PAGE. HOLIDAY: Paid: ...... See ( 1 ) on HOLIDAY PAGE. Overtime:..See ( 5, 6, 10, 15, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the ~ollowing wages. For Projects over $230,0019.00: 1st 2nd 3rd qth 5th $12.82 lq.21 21.60 25.22 30,59 For Projects $230,000.00 and under: 1st 2nd 3rd ~th 5~h $10.90 12.72 18.3!5 21.~3 25.99 SUPPLEMENTAL BENEFITS: ( per hour worked ) On Projects over $230,000.00: Journeyman ................ $ 18.85 Apprentice 15t ~erm ............. 7.90 2nd term ................ 8.$$ 3rd term ................ Iq.69 qth ~erm ................ 15.7q 5th term ................ 17.3i On Projects $230,000.00 and under: Journeyman .................. $ 16.05 Apprentice 1at term ................... 6.85 2nd term ................... 7.13 3rd term ................... 10.~6 ~th term ................... 11,87 5th term .................. 1S.92 8-373.1 Plumber/Steam+itter ORANGE COUNTY: The remainder of the county. SULLIVAN COUNTY: Entire County. ULSTER COUNTY: 0nly the Townships of Plattekill, Marlboro, Hawersing, and Sha~angunk (except for Hallkill and ShaNangunk Prisons). HAGES: (per hour) 7/01/200q Projects over $230,000.00: Plumber/Steamfitter ................ $ $q.70 Projects $250,000.00 and under: Plumber/SteamTitter ................ $ 29.50 Note: For all work qO-60 feet above ground add $ 0.25 per hour, over 60 feet add $ 0.50 per hour. OVERTIME: For Existing Facilities See (B, E, Q, V ) on OVERTIME PAGE. For New Construction See ( D, O' V ) on OVERTIME PAGE. HOLIDAY: Page $7 Prevailing Ra~e Schedule NeH York S~a~e ' Depar~men± of Labor .............................. 2---Case Number .................................. 0505702 ORANGE 2004 Paid: ...... See ( 1 ) on HOLIDAY PAGE. Overtime:.. See ( 5, 6, 10, 15, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ~erms a~ ~he foliowing wages. For ProSec~s over $250,000.00: ls%. 2nd. 3rd. q~h. 5~h. $13.88 17.35 22.57 2~.29 26.00 For Projects $250,000.00 and under: ls~ 2nd 3rd q~h 5~h $11.80 14.66 19.17 20.64 22.13 SUPPLEMENTAL BENEFITS: (pep hour worked) On Projects over $250,000.00: Journeyman ................. $ 17.75 Appren%ices ls~ ~erm .................. 10.22 2nd ~erm .................. 11.51 5rd ~erm .................. 12.93 4th term .................. 13.57 Bth ~erm .................. 14.27 On Projects $250~000.00 and under~ Journeyman .................. $ 15.08 Apprentices ls~ ~erm ................... 8.70 2nd ~erm ................... 9.61 3rd ~erm ................... 11.00 4~h ~erm ................... 11.56 5~h ~erm ................... 12.14 8-573.2 Entire County Entire 5 Boroughs Entire County Entire County Entire County Entire County Entire County Entire County 7/01/04 DUTCHESS COUNTY: NEW YORK CITY: ORANGE COUNTY: PUTNAM COUNTY: ROCKLAND COUNTY: SULLIVAN COUNTY: ULSTER COUNTY: HESTCHESTER COUNTY: HAGES: (per hour) Roo~er/Ha~erproofer ........ $ 32.08 OVERTIME: .... See ( B, H ) on OVERTIME PAGE. HOLIDAY: Paid: ........ Overtime: .... See ( 1 ) on HOLIDAY PAGE. See ( 5, 6, 13, 25 ) on HOLIDAY PAGE. APPRENTICES= ( 1 ) year ~erms a~ ~he following percentage of Journeyman's 2nd 3rd 50% 75% SUPPLEMENTAL BENEFITS: (per hour worked) Page 38 Pr'evailing Rate Schedule Ne~ York State Department of Labor ............................. = ..... Casa Number--L ............................... 0503702 ORANGE 2004 Journeyman ............... $ 21.57 Appr ..................... Wage Z of same 9-BR Sheatmetal Worker DUTCHESS COUNTY: ORANGE COUNTY: PUTNAM COUNTY: ROCKLAND COUNTY: SULLIVAN COUNTY: ULSTER COUNTY: HESTCHESTER COUNTY: HAGES: (per hour) Entire County. Entire County. Entire County. Entire County. Entire County. Entire County. Entire County. 7/01/2004 SheetMetai Worker ......... $ 34.72 7/01/2005 $ 2.50 Per Hour Increase. 8-38 OVERTIME:.. See ( B, E, Q~, ) on OVERTIME PAGE. NNote: For Sundays or Holidays worked, HOURLY HAGE is double the total of the hourly wage plus the hourly benefit paid all in Hages. (Benefits are included in the wages). HOLIDAY: Paid: ..... See ( 1 ) on HOLIDAY PAGE. Overtime:. See ( 5, 6, 8, 15, 16, 23 ) on OVERTIME PAGE. APPRENTICES: ( 1/2 ) year terms at the fo110Hing Hages. lit 2nd Srd qth 5th 6th 7th 8th $15.89 15.63 17.36 19.10 20.83 22.57 24.30 26,05 SUPPLENENTAL BENEFITS: (per hour worked) Journeyman .............. $ 20.27 Apprentices 1st term ........... 8.11 2nd ~erm ............... 9.12 3rd ~erm ............... lO.lq 4th term ............... ll.lq Sth ~erm ............... 12.16 6th term ............... 13.17 7th term ............... 14.19 8th term ............... 15.19 Entire County EntiPe County Entire County Entire County 7/1/2004 $ 31.50 ORANGE COUNTY: Entire County ROCKLAND COUNTY= Entire County ULSTER COUNTY: Entire County Sprinkler Fitter DUTCHESS COUNTY: PUTNAM COUNTY= SULLIVAN COUNTY: NESTCHESTER COUNTY: WAGES: (per hour) Sprinkler Fitter ....... OVERTIHE PAY: .......... See (B,E,Q,) on OVERTIME PAGE. HOLIDAY~ Paid= .................. Sae( 1 ) on HOLIDAY PAGE. Page $9 ~revailing R~e Schedule New York S~a~e Oepar±men~ of Labor .............................. S---Case Number .................................. 0503702 ORANGE 2004 Overtime: .............. See ( 5, 6 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year ~erms at ~he fallowing percentage of Journeyman's ls~ 2nd 3rd 4~h 5th 6~h 7~h 8~h 9~h lO~h ~5Z 50Z 55% 60Z 65,Z 70Z 75Z 80Z 85Z 90Z SUPPLEHENTAL BENEFITS: (per hour Horked) Journeyman ............... $ 12.70 Apprs. ls~ & 2nd ~erm$... 5.6i Apprs. 3~h & ~h ~erms 8.95 All o~her ~erms .......... 12.?0 1-669.2 Teamster - Building and Heavy Highway DUTCHESS COUNTY: Entire County. ORANGE COUNTY: . En%ire County. ROCKLAND COUNTY. Entire County. SULLIVAN COUNTY= Entire County. ULSTER COUNTY: Entire County. GROUP 1: LeTourneau Trac*:ors, Double Barrel Euclids, A~hney Hagons end similar equipmen,~ (excep~ when hooked ~o scrapers), Low Beds, 1-Beam and Pole Trailers, Tire Trucks and Tractor and Trailers wi~h 5 axles and over, articulated back dumps and road oil distributors. GROUP lA: Drivers on detachable Gooseneck Low Bed Trailers rated over 35 ~ons. GROUP 2: All equipmen~ 25 yards and up ~o and including 30 yard bodies and cable Dump Trailers and Powder and Dynamite Trucks. GROUP 3: All Equipmen~ up ~o and incIuding 2q-yard bodies, Mixer Trucks, Dump Cre~e Trucks and similar ~ypee o~ e~uipmen~, FueI Trucks and Batch Trucks and all o~her Tractor Trailers. GROUP q: Ten Hheelers, Grease Trucks and Tillerman. GROUP 5: S~raigh~ Trucks. GROUP 6: Pick-up Trucks for hauling materials, par~e end Escor~ Man over-~he-road. WAGES: (per hour) 7/01/2004 GROUP 1 ..................... $ 25.75 GROUP lA .................... 26.75 GROUP 2 ..................... 25.65 GROUP 3 ..................... 25.q5 GROUP q ..................... 25.35 GROUP 5 ..................... 25.25 GROUP 6 ..................... 24.25 OVERTIME:... See ( B, E, P,R~,T~) on OVERTIME PAGE. Shi~ Work: A shi~ premium of IOZ on wages will be paid for o~f-shif~ or irregular shi~ work when mandated by ~he NYS DOT or o~her governmental agency con~rac~s. HOLIDAY: Paid: ...... See ( 5, 6, 13, 15, 25 ) on HOLIDAY PAGE. Page 40 Prevailing Ra~e $~hedule NeH York S~a~e Depar~men~ of Labor ................................... Case Number--~ ................................ 0503702 ORANGE ~OOq Overtime:.. See ( 5, 6, 13, 15, 25 ) on HOLIDAY PAGE. NOTE: Holidays Horked Monday Go Friday receive s~raigh~ ~ime Hage for Horking, plus Holiday Pay. MHolidays Horked on Saturday, code R applies. ~Holidays Norked on Sunday, code T applies. SUPPLEMENTAL BENEFITS: (per hour paid) First 40 hours ........ $ 16.75 Over 40 hours ......... ll.q5 8-445B/HH Helder STATEHIDE: Applies ~o all couni~es. HAGES (per hour) 7/01721)04 Helder ......... (To be paid ~he ra~e of ~he mechanic performing ~he Hork) DEPARTMENT OF LABOR - BUREAU OF PUBLIC WORK Under Article 8 of the NYS Labor Law, when two final determinations have been rendered against a contractor, sub- contractor and/or Its successor wlhtln anyr consecutive slx-year period determining that such contractor, sub-contractor and/or Its successor has WILLFULLY failed to pay the pravallng wage and/or supplements, or when one final determination Involves falsification of payroll records or the kickback of wages and/or supplements, said contractor, sub-contractor and/or Its successor shafi be debarred and ineligible to submit a bid on or be awarded any public work contract/sub-contract with the state, any municipal corporation or public body for a period of five years from the date of debarment. NOTE: Whore the Fiscal Officer Is denoted "NYC", the Information has been provided by the New York City Comptroller's Office, the agency issuing the determination. LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code 385 Services LLC 2657 State Highway 28 Portlandville NY 13834 FEIN: Barred Until Fiscal Officer Notes: 16-1466399 01/08/2009 DOL Multiple willful violations Company Name A & R Patcmo Construction lnc FEIN: Barred Until 10/30/2005 Address 2137 Rockaway Turnpike Fiscal Officer Notes: NYC Falsified payrolls City Stafa Zip Code Lawrence NY 11559 Company Name A& T C~o-al ConsOuction Inc FEIN: Barred Until 13-3927478 01/31/2006 Company Name A A Gene~l Contractors lnc FEIN: Barred Until 16-1319254 I 0/18/2009 Address 3 Alan Sh~hard Place Fiscal Officer Notes: DOL Falsifiod payrolls CRy State Zip Code Yonkees NY 10705 Address CRy State Zip Code 1765 Mt Read Boulevard Rochester NY 14606 Fiscal Officer Notes: DOL And WJ. Grinder Roofing as a substantially affiliated employer and Dominic Antonucci as an individual. Multiple willful violations Company Name A Castrionne Concn~.= Inc FEIN: Barred Until 16-1582253 03/03/2008 Address CRy State Zip Code P O Box 203 At~ol Springs NY 14010 Fiscal Officer Notes: DOL and Crazy Horse Tonawanda lnc Company Name A G Plumbing Inc FEIN: Barred Until 13-3276217 07/22/2006 Address City State Zip Code 54 Knickedx~cker Avenue Brooklyn NY 11237 Fiscal Officer Notes: NYC Multiple willful violations Monday, May 02, 2005 Page 1 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code A R DiCfima 1331 Belle Avenue Utica NY 13501 FEIN: Barred Until Fiscal Officer Notes: 16-0996110 Successor to LBS of Frankfort Inc and/or Clean Air Asbestos Removal lnc Company Name Aegean General Contracting lnc FEIN: Barred Until 11-3451267 03/I 1/2008 Address City State Zip Code 57-16 1571h Street Flushing NY 11355 Fiecal Officer Notes: Settlement agreement with A.G.'s Office - falsified payrolls - Also Aegean Marble Co., Aegean Marble Contracting Co., and George Begakis individually Company Name Aegean Marble Co. FEIN: Barred Until 11-3451267 03/I 1/2008 Address City Fiscal Officer Notes: Sen Aegean General Contracting lnc State Zip Code Company Name Aegean Marble Contracting Co. FEIN: Barred Until 11-3451267 03/11/2008 Address City Fiscal Officer Notes: Sec Aegean General Contracting Inc State Zip Code Company Name All0any Pipe Insulators thc FEIN: Barred Until 14-1617890 02/18/2008 Address City P O Box 332 - Foundt7 Rd Voorheesville Fiscal Officer Notes: DOL State Zip Code NY 12186 Company Name Address , City American General Construction Corp 54 Knickcrlxx:ker Avenue Brooklyn FEIN: Barred Until Fiscal Offcar Notes: 13-3276217 07/22/2006 NYC Multiple willful violations State Zip Code NY 11237 Company Name Address City American Wenfuertite Inc P O Box 208 Cli~on FEIN: Barred Until Fiscal Officer Notes: 65-0465918 03/28/2010 DOL State Zip Code NJ 07110 Company Name ANS Welding Corp FEIN: Barred Until 11 - 1867262 06/09/2009 Address City State 1111 Dale Street We~t Babylon NY Fiscal Officer Notes: DOL Debarment period extended at~er additional willful violations Zip Code 11704 Monday, May 02, 2005 Page 2 of 31 [ LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code AP Pa~ting & [mp~ovcmcm [nc 575 Hempst~d Turnpike FEIN: Barred Until Fiscal Officer Notes: I 1-2683637 04/09/2007 DOL Falsified payrolls West Hcmpstead NY 11552 Company Name APC Painting FEIN: Barred Until 05/13/2007 Address City Fiscal Offlcar Notes: See Apollo Construction Services Corp Company Name Address City State Zip Code State Zip Code Apollo Construction S~'vices Corp FEIN: Barred Until 13-3983219 05/13/2007 157 Tibbets Road Yonkers Fiscal Officer Notes: DOL dba Apolo Painting Corp. - multiple willful violations NY 10705 Company Name Apolo Painting Company FEIN: Barred Untie 13-3863295 05/13/2007 Address City Fiscal Officer Notes: aka APC Painting - see Apollo Construction Services Co~ State Zip Code Company Name Address City Apolo Painting Corp FEIN: Barred Until · Fiscal Officer Notes: 13-3863295 05/13/2007 See Apollo Construction Services Corp State Zip Code Company Name Asbestos Systems [nc FEIN: Barred Until 25-1742587 05/'20/2007 Address City State 1771 FooU= Avcaue Jamestown HY Fiscal Officer Notes: DOL C.n~ory McCoy T/A OM Enterprises dba Asbestos Systems Inc Zip Code 14701 CompanyName ,~amAHChaud~7 FEIN: Barred Until 1~10~007 Address City Fiscal Officer Notes: See Republic Reconstruction & Management Inc State Zip Code Company Name B & Z ]D~lopmc~t FEIN: Barred Until 13-3713559 02/22/2010 Address City State 19 West Str~'t Spring Valley NY Fiscal Officer Notes: DOL dba Ben-Zvy Enterprises lac and Erez Ben-Zvy as an individual. Zip Code 10977 Monday, May 02, 2005 Page 3 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Bat-Jac Construction Inc FEIN: Barred Until I 1-3391498 07/17/2009 Address City State Zip Code 6'.l Neelist Avenue Port Washington NY l 1050 Fiscal Officer Notes: DOL aka Bat-lac Contracting Inc. a/k/a Bat-Jac Inc. and Kenneth Metz, president and one of its five largest sha~holders and Steve Menzcr, vice president and one of its five largest shareholders, as individuals. Falsified payrolls. Company Name Bat-Jac Contracting lnc FEIN: Barred Until 11-3133524 07/17/2009 Address City Fiscal Officer Notes: See Bat-Jac Construction Inc State Zip Code Company Name Bat-Jac Inc FEIN: Barred Until 07/17/2009 Address City Fiscal Officer Notes: See Bat-Jac Construction aka Bat-Jac Contracting State Zip Code Company Name Ben-Zvy Enterprises lnc FEIN: Barred Until 13-3713559 02/22/2010 Address City 19 Wast Str~z Spring Vall~, Fiscal Officer Notes: See B & Z Dcvelopmont Inc. State Zip Code NY 10977 Company Name Betty Holl Inc FEIN: 16-1089599 Barred Until Address City Fiscal Officer Notes: s~ B H Refrigeration as its successor State Zip Code company Name Betty Jones' Services FEIN: Barred Until 16-1247154 12/31/2006 Address City State P O Box 58 Utica NY Fiscal Officer Notes: DOL dba D&B J's Services and Betty Jones as President and Individually Zip Code 13503 Company Name Address Betty Jones (as Pr~ident and Individually FEIN: Barred Until Fiscal Officer Notes: 12/31/2006 See Betty Jones' S¢~'iees City State Zip Code company Name Address BH Mechanical Services FEIN: Barred Until Fiscal Officer Notes: 16-1089599 Aka B H Re~ig~-ation Inc City State Zip Code Monday, May 02, 2005 Page 4 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Bistxian Materials lac FEIN: Barred Until l 1-3359771 06/06/2005 Address City State Zip Code 175 Springs Fimpl~cc Rd East Hampton NY 11937 Fiscal Officer Notes: DOL See Patrick Bistrisu Jr., Inc. (substantially owned-affiliated entity or suceessor) Company Name Boguslaw Bozek FEIN: Barred Until 05/14/2008 Address City Fiscal Officer Notes: As an individual - sec Goldhand Construction LLC State Zip Code Company Name C B E Contracting Corp FEIN: Barred Until 11-2968809 10/21/2007 Address City 310 McGuineas Blvd Grec~point Fiscal Officer Notes: DOL And Muhammed A Beig as an individual. Falsified payrolls State Zip Code NY 11222 Company Name Calvin S Robinson Electrical In¢ FEIN: Barred Until 14-1657781 04/12/2007 Address City 2117 Egret Drive Clearwater Fiscal Officer Notes: DOL Falsified payrolls State Zip Code FL 33764 Company Name Carl Babb FEIN: Barred Until 07/21/2008 Address City Fiscal Offlcar Notes: As an individual - Sec Olympic Window Installers Inc State Zip Coda Company Name Causeway Const~uedon Corp FEIN: Barred Until 13-3065561 09/27/2007 Address 110-30 15th Avenue Fiscal Officer Notes: NYC Multiple willful violations City State Zip Code Collage Point NY 11356 Company Name Address City State Zip Code Cavalier Conair Co~ c/o Clayman & Rosenbc 305 Madison Avenue New York NY 10165 FEIN: Barred Until Fiscal Officer Notes: 02/19/2008 NYC Falsified records - plea agreement. Also Kingston Tracking & Rigging Corp., Manbru Construcfon Corp., Port Ewen Trucking Corp. and Super Structure Builders, Inc. as substantially owned-affiliated entities and/or successors of Cavalier. Company Name Address CRy State Zip Code Ceaturian Management of New York lnc P O Box 961 Port Jefferson Sta NY 11776 FEIN: Barred Until Fiscal Officer Notes: 11-3230587 05/03/2006 DOL Aka Centurian Protection of New York State-falsified records - debarment period e~tended Monday, May 02, 2005 Page 5 of 31 [ LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Centurian Protection of New York FEIN: Barred Until Fiscal Officer Notes: l 1-3230587 See Ceeturian Management of New York State lnc - debarred until 05/03/2006 Company Name Address City State Zip Code Charles J Pardee 261 Ball Road Hastings NY 13076 FEIN: Fiscal Offlcar Notes: DOL As an individual. See Dalton Steel Inc. Company Name Charles Saliba FEIN: Barred Until 03/16/2009 Barred Until 07/26/2005 Address City Fiscal Ofltcar Notes: See Monarch Constraction Corporation (owner) State Zip Code Company Name Classic Electric Inc FEIN: Barred Until I 1-2811549 11/27/2005 Address City State Zip Code 29-01 21st Avenue Astoria NY I 1105 Fiscal Officer Notes: NYC Multiple violations Company Name Columbus Oenexal Const~uedon Inc FEIN: Barred Until I 1-3357344 12/16/2009 Address City State Zip Coda 9]4 Ncwldrk Avenue Brooklyn NY 11230 Fiscal Officer Notes: AG And Mohammed A Rashid as an individual. Falsified business records. Plea agreement. Company Name Address CRy State Zip Code Commercial Building Malntcmmee Corp 40 Oak Drive Syoaset NY 1179 l FEIN: Ba~cl Until Fiscal Officer Notes: 11-2945732 01/23/2008 Pl~a agreemmt with D.A/s Office - willful violation and falsification of payroll records Company Name Address City State Zip Code Commercial Painting Co 4872 West Saneee Tump~c Syracuse NY 13215 FEIN: Barred Until Fiscal Officer Notes: 16-1513909 05/01/2008 DOL .lames Stenton dba Commercial Painting CO - falsified payroll records Company Name Cotmnarcial Steel lac FEIN: Barred Until 16-1557064 03/16/2009 Address City State Zip Code 65 Coqmotate Park Drive Central Square IVY 13036 Fiscal Officer Notes: DOL As a successor and/or substantially-owned affiliated entity with Dalton Steel lnc dba Pardee Construction - multiple willful violations Monday, May 02, 2005 Page 6 of 31 LIST OF EMPLOYERS INELIGIBLE! TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Commtcch Communications Inc FEIN: Barred Until 16.1335983 11/22/2007 Address City State Zip Code 649 Warwick Road North Tonowanda NY 14120 Fiscal Officer Notes: DOL See also Commtech Electrical Construction Corp and Michael R Palmer - multiple violations Company Name Commtech Electrical Construction FEIN: Barred Until 16.1407836 11/22/2007 Address City State Zip Code 6~9 Warwick Road North Tonawanda NY 14120 Fiscal Officer Notes: DOL See also Commtech Communications and Michael R Palmer- multiple violations Company Name Converse Constmclion Corp rEIN: Barred Until 11-3262576 03/21/2007 Address City State Zip Code 1597 Route 112 Port Jeff~mon ate NY 11776 Fiscal Officer Notes: DOL Falsified payrolls Company Name Crazy Home Tonawanda lnc rEIN: Barred Until 16-1528124 03/03/2008 Address City State Zip Code P O Box 203 Athol Springs NY 14010 Fiscal Officer Notes: DOL and A Castriconc Concrete Inc Company Name D & D Mason ConWactors lnc FEIN: Barred Until 11-3219453 04/07/2010 Address City State Zip Code P O Box 140625 Jamaica NY 11414 Fiscal Officer Notes: NYC Falsified payrolls - plea agn=~anant. Debannant period ~xtandad at, er additional willful violation Company Name D&B ?s S~rviees rEIN: Barred Until 16-1247154 12/31/2006 Address City Fiacal Officer Notes: See B~ty Jonas' Services Inc State Zip Code Company Name Dalton Steel Inc rEIN: Barred Until 16-1557064 03112/2009 Address City State Zip Code 197 U S Route 11 Cantrai Square NY 13036 Fiscal Officer Notes: DOL dba Pardee Construction and Shirley Par(lee as an individual - multiple willful violations. Also Charlas J Pardee as an individual, Company Name Da'by General Contracting ~nc rEIN: Barred Until 11-3420817 08/04/2008 Address City 565 Oak Strut Copiaguc Fiscal Officer Notes: DOL dba Darby Glass Co - multiple willful violations State Zip Code NY 11726 Monday, May 02, 200S Page 7 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name DarbyGlns$Co FEIN: 11-3081390 Barred Until Address City Fiscal Officer Notes: See Darby General Con~acting lnc State Zip Code Company Name Debonn Construction Corporation FEIN: Barred Until 13-3157140 06/11/2006 Address City State Zip Code 77 Weyman Avenue New Rochelle NY 10805 Fiscal Officer Notes: DOL Multiple willfuls - Debcon Construction Corporation and Deborah Rago individually - falsified payrolls - debarment period extended Company Name Deborah Rago, individually FEIN: Barred Until 06/11/2006 Address City Fiscal Officer Notes: See Debcon Construction Corp State Zip Code Company Name Dellaponna Associetes [nc FEIN: Ban*ed Until 16-1465989 02/18/2008 Address City State Zip Code 86 Olive Street Johnson City NY 13790 Fiscal Officer Notes: DOL Substantially owned-affiliated entity md/or successor of Dellapenna Brothers Inc - debarment period extruded ~ additional violations Company Name Address City State Dcllapen~a Brothers Inc 86 Olive Stn~ Johnson City NY FEIN: Barred Until Fiscal Officer Notes: 16-0964223 08/04/2008 DOL multiple willfuls - debarment period ~xmnded aRer additioual violations Zip Code 13790 Company Name Dennis Lounsbmy Builders Inc FEIN: Barred Until 14-1538702 05/27/2009 Address City State P O Box 220 Bulville NY Fiscal Offcer Notes: IDOL aka Lounsbury Erectors ]nc, Zip Code 10915 Company Name Address City DePoalo and Son Building Contractors Mc 2~6 Morris Road Schenectady FEIN: Barred Until Fiscal Officer Notes: 14-1507523 07/12/2009 DOL Multiple willful violations State NY Zip Code 12303 Company Name Dime, on Conunexcial Contxactors FEIN: Barred Until 08-t681415 05/18/2009 Address CRy State 310 Maple Aveeue New Hampton NY Fiscal Officer Notes: DOL and Rebecca Gatto-Wood as an individual. Falsified payarolls. Zip Code 10958 Monday, May 02, 2005 Page 8 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Dominic Amonucci FEIN: Barred Until 10/18/2009 Address City State Zip Code 1939 Towa Line Road Hilton NY 14468 Fiscal Officer Notes: DOL As an individual. See A A General Contractors Inc and W J Grinder Roofing Company. Company Name Drywall Systems Unlimitedlnc FEIN: Barred Until 06-1405921 10/02/2007 Address City State Zip Code 182 West Main Street Middletown NY 10940 Fiscal Officer Notes: Company Name Address Dryw~l Wizard FEIN: Barred Until Fiscal Officer Notes: 05-1684878 10/16/2006 See Stephan Potter City State Zip Code Company Name E Groan Restoration & Roofing Inc FEIN: Barred Until 16-1561693 06/21/2009 Address City State Zip Code 117 Hawley Street Binghamton NY 13901 Fiscal Officer Notes: DOL Company Name Address City State Zip Code Eliyhu Banyam*m 3(13 Tan Eyck Sa-eat Brooklyn NY 11206 FEIN: Barred Until Fiscal Officer Notes: 03/05/2010 As an individual. See W & B Meehanical Corp, Company Nome Address City State Zip Code Elizabeth A. Carr P O Box 82 Valatie NY 12184 FEIN: Barred Until Fiscal Officer Notes: 10/14/2008 dba Everlasting Slate - as an individual Company Name Address City State Zip Code Emes Healing & Plumbing & Heating Contr 5 Emes Lane Monsey NY 10952 FEIN: Barred Until Fiscal Officer Notes: 13-2590780 DOE and Julius and Cdta Behrand, as individuals. Parties anterexi into a volunta~ agreement to be pennanantly debarred Company Name Empire State Renovation Corp FEIN: Barred Until 11-3170331 05/22/2007 Address City State Zip Code 15 Division Plac~ Brooklyn NY 11222 Fiscal Officer Notes: NYC Falsified payrolls - pica agreement Monday, May 02, 2005 Page 9 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Enjem's Incorporated FEIN: Barred Until 16-1038008 03/04/2009 111 South Main Street Herklmer Fiscal Officer Notes: DOL and Francis Enjem as an individual. Falsification of records. NY 13350 Company Name Address City State Zip Code Enviroclea~ S~vic~s LLC 4245 Union Rd- Suite 210 Buffalo NY 14225 FEIN: Barred Until Fiscal Officer Notes: 26-0045677 09/07/2009 DOL Company Name Address City State Zip Code Erez Bea-Zvy 19 West Street Spring Valley NY 10977 FEIN: Barred Until Fiscal Officer Notes: 02/22/2010 As an individual. See B & Z Development In¢ Company Name Euro Cn~ Restoration, Inc. FEIN: Barred Until 13-3769924 10/14/2008 Address City State Zip Code 41-12 Diunars Blvd Long Island City NY 11105 Fiscal Officer Notes: DOL and Savvas ,L Sawa (as an individual Falsification of records aad kickback of wages. Plea agrcemant with A.G.'s Office Company Name Address CRy Everlasting Slate P O Box 82 Va]uric FEIN: Barred Until Fiscal Officer Notes: 22-3397381 10/14/2008 DOL And Elizabeth A. Cart and Scan Cam Company Name Address City State Zip Coda NY 12184 fion as individuals. Falsification of records State Zip Code Flower City Asbestos FEIN: Barred Until 16-1292474 08/18/2009 850 St Paul Street Rochester Fiscal Officer Notes: DOL Multiple willful violations 146O5 Company Name Address City Flower City Insulation Sales & Contracto~ 137 Yorkton Street Webster FEIN: Barred Until Fiscal Officer Notes: 16-1157832 08/03/2009 DOL Multiple willful violations State Zip Code 14580 Company Name Address City Foundation Construction Consultants Inc 294 20th Street Brooklyn FEIN: Barred Until Fiscal Officer Notes: 11-2761496 05/20/2008 NYC Multiple willfuls and thlsifica~on of payroll records State Zip Code 11215 Monday, May 02, 2005 Page 10 of 31 LIST OF EMPLOYERS INELIGIBLE: TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City Stats Zip Code Francis Enjem 111 South Main Street Hcrkimer NY 13350 FEIN: Barred Until Piacal Officer Notes: 03/04/2009 As an individual. See Enjern's Incorporated. Company Name Franco Paints Inc FEIN: Barred Until 08/07/2008 Address City State Zip Code 159 92nd Street Brooklyn NY 11209 Fiscal Offcar Notes: NYC and Mida Painting Ltd, Nicholas Kallergis and Stematia Kallergis, as individuals. Assurance of DiscontinuanceJSettlemant Agreement Company Name Frank J. Labriola FEIN: Barred Until Address City Fiscal Officer Notes: See State of the Art Construction Co [nc Stat® Zip Code Company Name C-em Building & Equipmant lnc FEIN: Barred Until 14-1793970 06/28/2007 Address City 2332 Route 9W Saugcrtics Fiscal Officer Notes: DOL State Zip Code lq~ 12477 Company Name FEIN: Barred Until 03/11/2008 Address City Fiscal Officer Notes: As an individual - s~ Aegean Gan~al Contracting lnc State Zip Code Company Name George Bush FEIN: Bar~ed Until 01/14/2009 Address City State Zip Code 19 Hoffman Drive Lathmn NY 12118 Fiscal Officer Notes: DOL Falsification of payroll records Company Name George Foralds FEIN: Barred Until 03/07/2007 Address City State Zip Code P O Box 8808 Baltimore MD 21224 Fiscal Officer Notes: DOL Falsified payrolls - Paint City Contractors inc and Gemge Forakis individually Company Name C~eorge J Leva Sr. FEIN: Barred Until 02/06/2008 Address City State Zip Code Fiscal Officer Notes: As mt individual dba Ontario Flooring Company. Debarment period e~tanded after additional violation Monday, May 02; 2005 Page 11 of 31 LIST OF EMPLOYERS INELIGIBLE: TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code George Lucey,Manual Tobio(see note) 15.0 Kings St~t Bmokl~m NY l 1231 FEIN: Barred Until Fiscal Officer Notes: NYC Manuel P Tobio and Lake Constr and Development Corp (individually and as a whole) grand lareany,falsified records,deban'ed perman~mtly Company Name GM Enterprises FEIN: Barred Until 16-1509833 05/20/2007 Address Fiscal Officer Notes: See Asbestos Systems Inc City State Zip Code Company Name Goldhand Construction LLC FEIN: Bar,ed Until 22-3765123 05/14/2008 Address City 116 East Saddle Rivex Rd Saddle River Fiscal Officer Notes: DOL Falsified of payroll records State Zip Code NJ 07458 Company Name C_a~gm'y McCoy FEIN: Barred Until 05/20/2007 Address City State Fiscal Officer Notes: As an individual. See GM Enterprises dba Asbestos Systems Inc Zip Code Company Name Gmgo~7 Kloepfe~ FEIN: Barred Until 10/06/2009 Address City 248 Lein Road Weat Sancta Fiscal Officer Notes: DOL As an individual. Sec Kloepfer's Floor Caverning State Zip Code NY 14224 Company Name Hamax Co=trucfion Corporation FEIN: Barred Until 06-1482076 09/11/2008 Address City State Zip Code 540 Commerce St - Ste 6 Thomwood N~ 10594 Fiscal Officer Notes: DOL AI~o Thomas I-lanlon and William Valeafinc as individuals. Multiple willfuls and falsification of records. Debanneat period extended after other willful violations Company Name Hardso~ Jurvis FEIN: Barred Until 08/12/2009 Address CRy State Zip Code 132 W 129di St-Sro 4W New York NY 10027 Fiscal Officer Notes: AG As an individual and Two By Four Carpeat~ and Construction Inc. Plea agreement with A.G.'s Office. Company Name HDA Construction FEIN: Barred Until 06-1613022 12/10/2007 Address 94:2 Havemoyer Avenue Fiscal Officer Notes: DOL Falsified records City State Zip Code Bronx ~ 10473 Monday, May 02, 200~ Page 12 of 31 LIST OF EMPLOYERS INELIGIBLE! TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name H~orColon FEIN: Barred Until 04/17/2007 Address City State Zip Code 3643 Bruc]mer Blvd Bronx NY 10464 Fiscal Officer Notes: DOL Conducting business as M & H Climate and Energy Management Ltd. Falsified payrolls CompanyName Hi Teeh lnsul~ion FEIN: Barred Until 16-1487213 12/09/2007 Address City State P O Box 12861 Rochester NY Fiscal Officer Notes: DOL Kevin C. Marlowe dba Hi Teeh Insulation - multiple violations Zip Code 14612 Company Name Address City Hi-Amp Elcc~cal Co~t~ucfion Coq) 265-12 Hillaldc Avenue Flesal Pa~k FEIN: Barred Until Fiscal Officer Notes: 13-3520080 04/30/2007 DOL and Ivan Torres individually. Falsified payrolls State Zip Code 11004 Company Name 1 C Construction Company loc FEIN: Barred Until 14-1789216 08/21/2007 Address City State 12,0 South Broadway Red Hook NY Fiscal Officer Notes: DOL Multiple willfuls - Debarment p~ind extended afl~ additional violations Zip Coda 12571 Company Name IES Environmental lnc FEIN'. Barred Until 10/05/2009 Address City State Zip Code 1655 E]mwood Avenue Cranston RI 02910 Fiscal Officer Notes: DOL And International Environmental Services Inc and James J Ney Jr as an individual. Falsification of payroll records Company Name [mcrcounty Roofing Systems lnc FEIN: Barred Until 11-3550866 05/09/2006 Address City State Zip Code 20 Jesusalem Avenue Hicksville N~ 11801 FIs~I ~cer N~: F~fi~ p~l~ Company Name Address Interior Decorating Floor Cover:rog Co Inc 2229 Cliff~rd Avenue FEIN: Barred Until Fiscal Officer Notes: 16-1337838 07/29/2007 DOL Falsification of records City State Zip Code Rocheg~= NY 14609 Company Name Address City ]~temsfional En~mamental Eenoume~ FEIN: Barred Until Fiscal Officer Notes: 0541448266 08/09/2007 See International Environmental Serviom Inc State Zip Code Monday, May 02, 2005 Page 13 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code International Environmental S~wiens lnc 2 ;Stafford Court Cranston RI 02920 FEIN: Barred Until Fiscal Officer Notes: 05-0448266 10/05/2009 DOL dba International Environmental Resources - Falsified payrolls - Debarment period extended after additional violation. Also 1ES Environmental inc and James J Ney Jr as an individual Company Name lsmael Cisncros FEIN: Barred Until 04/14/2008 Address City Fiscal Officer Notes: As an individual - Sen Izi Plumbing & Henting Ltd State Zip Code CompanyName Ivan Torres FEIN: Barred Until 04/30/2007 Address City State 265-12 Hillside Avenue Floral Park NY Fiscal Officer Notes: DOL Individually and Hi-Amp Electrical Construction Coq~. Falsified payrolls Zip Code 11004 Company Name Izi Plumbing & Heating Ltd FEIN: Barred Until 11-3157717 04/14/2008 Address City 291 Metropolitan Avenue Brooklyn Fiscal Officer Notes: DOL and lsmael Cisncros, Individually - falsified payrolls State NY Zip Code 11211 Company Name J Barr Constmation COp FEIN: Barred Until 11-3344003 12/14/2009 Company Name Address City State 119-51 Metropolitan Ave Jamaica NY Fiscal Officer Notes: DOL and Steve J Nictas as aa individual. Multiple willful violations Address City State Zip Code 11415 Zip Code J Mangonc Contracting FEIN: Barred Until 11-2802563 11/07/2006 53 13ltl Avenue Mineola Fiscal Officer Notes: DOL Falsified payrolls and kickbacks of wages and supplements Company Name Address City State 11501 Zip Code J T Painting Corp FEIN: Barred Until 06-1260246 02/26/2009 P O Box 337 Fiscal Officer Notes: DOL Falsification of records Burlingham NY 12722 C~T~pany Name Address City State Zip Code JumesAvallone FEIN: Bar,ed Until 08/07/2008 Fiscal Officer Notes: As an individual - see James Avallone Tile & Marble - debarment period extended Monday, May 02, 2005 Page 14 of 31 I LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code 3ames Avallone Tile & Marble 21'7 Christie Street Ridg~field Park NJ 07660 PEIN: Barred Until Fiscal Officer Notes: 07-5336752 08/07/2008 DOE Multiple willful violations - debarment period extended Company Name James J Ney.ir PEIN: Barred Until 10/05/2009 Address City State Zip Code 1655 Elmwood Avenue Cranston RI 02910 Fiscal Officer Notes: DOL As an individual. See International Environmental Sen, ices Inc and IES Environmental Inc Company Name .IBC Industries of Parish Inc PEIN: Barred Until 16-1470149 07/24/2007 Address P O Box 728 - CR44 Fiscal Officer Notes: DOL Multiple willful violations City State Zip Code Mexico NY 13114 Company Name John Bradford PEIN: Barred Until 12/12/2009 Address City 6614 Furnace Road Ontario Fiscal Officer Notes: As an individual Sec Rusmar Environmema] Serviees Corp. State Zip Code NY 14519 Company Name John Vaeelakis PEIN: Barred Until 02/20/2007 Address City 2063 Maple Street Wantaugh Fiscal Officer Notes: AS an individual - See Sprocewcod Painting Corp State Zip Code NY 11793 Company Name J'RC Aris Electric Contractors FEIN: Barred Until 09/13/2009 Address City Fiscal Officer Notes: Sec JRC Electric Control Service Inc State Zip Code Company Name JRC Electric Control Service Inc PEIN: Barred Until 11-3199418 09/13/2009 Address City State 516 East 51st St~ct Brooklyn NY Fiscal Officer Notes: NYC a/k/a JRC Aris £l~a'ic Contn~ctors - multiplc willfufl violations Zip Code 11236 Company Name Jul'tm and C-ita Beinend FEIN: Barred Until Address City 5 Emee Lane Moesey Fiscal Officer Notes: Sec Fmcs Heating & Plumbing Conmmtor, Inc Stele Zip Code 10952 Monday, May 02, 2005 Page 15 of 31 LIST OF EMPLOYERS INELIGIBLE', TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Kclth Grimes Inc Fairlawn Dr - P O Box 964 Montsuk NY l 1954 FEIN: Barred Until Fiscal Offlcar Notes: 11-2938037 03/21/2006 DOL Falsified records Company Name Address City State Zip Code Kenneth Metz 62 Nenlist Avenue Port Washington NY 11050 FEIN: Barred Until Fiscal Officer Notes: 07/17/2009 As en individual. See Bat-Jac Construction Company Name Kcvin C Marlowe FEIN: Barred Until Address Fiscal Officer Notes: See Hi Tech Insulation CRy State Zip Code Company Name Address City State Zip Code Keystone Cons~a-uetion Corp ~145 Fort Hamilton Pkwy Brooklyn NY 11209 FEIN: Barred Until Fiscal Off]car Notes: 16-1402500 08/20/2008 DOL And Nicholas Masgarifis as an individual Company Name Address City State Zip Code King Machine 1 ]1365 Center Road Sheridan NY 14135 FEIN: Barred Until Fiscal Officer Notes: 16-1293494 04/04/2010 DOL See Robert Metzgar Company Name Kingston Tmcldng & Rigging Corp FEIN: Barred Until 11-3540715 02/19/2008 Addras City State Zip Code 99 St Nicholas Avenue Brooklyn NY 11237 Fiscal Officer Notes: DOL As a mbstanfially owned-affiliated entity and/or successor of Cava]iar Construction Corp. Falsification of roenrds Company Name Klocpfcr's Floor Covering FEIN: Barred Until 16-1234359 10/06/2009 Address CRY State 248 Lein Road West Seneca NY DOL And Grego~ KIoepfer as an individual. Multiple willful violations Zip Code 14224 Company Name Komas Construction Co~x~afion FEIN: Barred Until 11-2691706 01/09/2006 Address City State 162 85th Strc~ Brooklyn NY Fiscal Officer Notes: NYC Falsified payrolls Zip Code 11209 Monday, May 02, 2005 Page 16 of 31 LIST OF EMPLOYERS INELIGIBLE! TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code L & T Plumbing Corp 367 Veterans Me~norial Hwy Commack NY 11725 FEIN: Barred Until Fiscal Officer Notes: 11~3223496 01/11/2010 DOL And Robert DeMontc as an individual. Company Name Addrees City State Zip Code Labar Enterprises of Roch~ter lnc 2121 Empire Boulevard Webster NY 14580 FEIN: Barred Until Fiscal Officar Notes: 1 6-1605462 04/18/2010 DOL dba Labar Excavat~g Inc. Multiple willful violations Company Name Addmss City State Zip Code Labar Excavating Inc FEIN: Barred Until Fiscal Officer Notes: 04/18/2010 See Labar Enterprise~ of Rochester Inc. Company Name Address Lake Const~cfion and Development FEIN: Barred Until Fiscal Officar Notes: 11-2678816 ~ George Lucey CRy State Zip Code Company Name Address City Linda Williams c/o MJAB Construction Inc 183 Washington Avenue New Rochelle FEIN: Barred Until Fiscal Officer Notes: 04/22/2009 DOL As an individual. See M_JAB Construction Inc State Zip Code NY 10801 Company Name Lorenzo DeVardo FEIN: Barred Until 01/08/2009 Address C~J 11150 Steinway Street Long Island Ot~ Fiscal Officer Notes: DOL As an individual. Sec Vardo Construction Corp State Zip Code ~' 11105 Compnny Name Lounsbury Erectors Inc FEIN: Barred Until 05/27/2009 Address City Fiscal Officer Notes: Sec Dermis Loonsbu~ Builders lnc State Zip Code Company Name LTS Construction FEIN: Barred Until 16-1463105 06/30/2009 Address City 24 Miller Sixeet Rochester Flacal Officer Notes: Se~ Thomas g Smalls State Zip Code Monday, May 02, 2005 Page 17 of 31 [ LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code M 8* H Climate and Energy Management Ltd FEIN: Barred Until Fiscal Officar Notes: 58-2152185 04/17/2007 See Hector Colon Company Name Address City State Zip Code M & S Pipeline Excavation Company inc 784 Conldin Road Binghamton NY 13903 FEIN: Bared Until Fiscal Officer Notes: 16-0926714 05/06/2009 DOL Multiple willful violations Company Name Addreas City State Zip Code M~C Stringer Painting 2'i0 Lake Avenue Roche~cr NY 14608 FEIN: Barred Until Fiscal Officer Notes: 16-1008740 12/18/2006 DOE Faisification of records Company Name Address City State Zip Code Manbru Construction Corp 1439 Wood Road Bronx NY 10462 FEIN: Barred Until Fiscal Officer Notes: 02/19/2008 DOL Also at 201-203 E 22nd Street, New York 10010. As a substantially owned-affiliated entity and/or successor of Cavalier Consmlcfion Corp. Falsification of records. Company Name Address City State Zip Code Manuel P. Tobio FEIN: Fiscal Officer Notes: Sen Genrgc Lu~ Barred Until Company Name Manuel Tobio FEIN: Barred Until Address Fiscal Officer Notes: See George Lueny City State Zip Code Company Name Mm3, Newsom FEIN: Barred Until 05/24/2009 Address City 1537 Union Street Schenectady Fiscal Officer Notes: DeL As an individual. See Pechydcrm Enterprises, lac Company Name Mas-Ann Mechanical [nc FEIN: Barred Until 16-1357694 01/04/2010 Address City 35 Regency Oak~ Bird Renhest~ Fiscal Offcar Notes: DOL Debarment p~io~ e~tended at~er addltiorml willful violations State Zip Code NY 12309 State Zip Code NY 14624 Monday, May 02, 2005 Page 18 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Mas¢iarelli Construction Co 78,4 Conklln Road Binghamton NY 13903 FEIN: Barred Until Fiscal Officer Notes: 16-0902053 05/06/2009 DOL Multiple willful violations Company Name Address City State Zip Code Merchants 1 & S Corp [nc 7732 Victor Mcndon Road Victor NY 14564 FEIN: Barred Until Fiscal Officer Notes: 16-1405450 11/22/2007 DOL Debarment ~tanded al~er additional violation Company Name Address City State Zip Code Merit Fancc Co [nc 130 Old Route 6 Carmel NY 10512 FEIN: Barred Until Fiscal Officer Notes: 06-1350241 08/06/2008 DOL Multiple willful violations Company Name MGC Restoration Services Inc FEIN: Barred Until 11-3031515 01/01/2010 Address City 64-58 218th Street Bayside Fiscal offcer Notes: AG And Michael C. apous individually. Plea agreement State Zip Code NY 11364 Company Name Michael Capons FEIN: Barred Until 01/01/2010 Address City 64-58 218th Street Baysidc Fiscal Officer Notes: AG As an individual. Sc MGC Restoration Services inc. State Zip Code NY 11364 Company Name Michad Falglano Jr. FEIN: Barred Until Address City State Zip Code Fiscal Officer Notes: Principal offiear-partee* and/or shareholdex - See M Falgiano Con~x~.tion CO [nc Company Name Michael Falgiano Sr FEIN: Barred Until Address City State Zip Code Fiscal Officer Notes: Pdncipal officer-partner and/or shareholder- see M Falgiano Construction Co Inc Company Name Michael R Palm~x FEIN: Barred Until l 1/22/2007 Address City State Zip Code Fiscal Officer Notes: As an individual - See Commtech Communiczfions [nc and Commtech Electrical Constru~ion Corp Monday, May 02, 2005 Page 19 of 31 LIST OF EMPLOYERS INELIGIBLF TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Mida Painting Ltd FEIN: Barred Until 08/07/2008 Address City State Zip Code 159 92nd Street Brooklyn NY 11209 Fiscal Officer Notes: NYC and Franeo Paints, Inc. and Nicholas Kallergis and Stamatia Kallergis, as individuals. Assurance of Discontinuance/Settlement Agreement Company Name iV[lAB Construction [nc FEIN: Barred Until 58-2620937 04/22/2009 Addmes City State 183 Washington Aveaue New Rochelle NY Fiscal Officer Notes: DOL and Linde Williams as an individual. Falsification of payroll records Zip Code 10801 Company Name Mohammed A Rashid FEIN: Barred Until 12/16/2009 Address City 9 ii 4 Newldrk Avenue Brooklyn Fiscal Officer Notes: As an individual. See Columbus General Construction lnc State NY Zip Code 11230 Company Name Monarch Construction Corporation FEIN: Barred Until 13-2808501 07/26/2005 Address City 1057 Jackson Avanue Long Island City Fiscal Officer Notes: NYC And Charles Saliba - falsified payrolls Zip Code 11101 Company Name Muhammed A Beig FEIN: Barred Until 10/21/2007 Address City State 142 East Market Street Long Beach NY Fiscal Officer Notes: DOL As an individual - See C B E Contracting Conporation. falsified payrolls Zip Code 11561 Company Name Musa Pacuku FEIN: Barred Until 04/14/2008 Address City State Fiscal Officer Notes: As an individual - See Victory Roofing & Contracting Co Inc Zip Code Company Name Address Navarro Special Cleaning Services [nc 85-12 Sixty-Seventh Ave FEIN: Barred Until Fiscal Officer Notes: 11-2946101 04/16/2006 NYC Falsified payrolls CRy State Zip Code Qanans NY 11374 Company Name Neptune Construction Co FEIN: Barred Until 11-2779916 Address Fiscal Officer Notes: See Wayne Vitale Inc CRy State Zip Code Monday, May 02, 2005 Page 20 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Nicholas Kallcrgis 159 92nd Street Brooklyn NY 11209 FEIN: Barred Until Fiscal Officer NoteS: 08/07/2008 As an individual. See Franco Paints, lnc.and Mida Painting Ltd Company Name Nicholas Margaritis FEIN: Barred Until 08/20/2008 Address City Fiscal Officer Notes: See Keystone Construction Corp. State Zip Code Company Name Address City State Zip Code Nikolaos D. Varc~akis 94 Clcvcland Avenue Massepequa NY 11758 FEIN: Barred Until Fiscal Offlcsr Notes: 02/20/2007 As an individual - See Sprucewood Painting Corp Company Name Address City State Zip Code Nu-Look Painting & Wallpapexing inc 151 ~o0 7th Avenue Whitestonc ]NY 11357 FEIN: Ban-ed Until Fiscal Officar Notes: I 1-3389457 08/04/2009 AG and TF Painting Corp. and Tarcisio Feneira, individually. Plea agreement with the A.G.'s Company Name Olib Construction Company Inc FEIN: Barred Until 22-3200661 11/14/2006 Address City State Zip Code 120 South Broadway Red Hook NY 12571 Fiscal Officer Notes: DOL Company Name Olympic Associates lnc FEIN: Barred Until 16-1444097 01/08/2007 Address 2843 U.S. Route 11 Fiscal Officer Notes: DOL Multiple willful violations City State Zip Code Lafayette NY 13084 Company Name Olympic Window In.all.cs Inc FEIN: Barred Until 22-3034903 07/21/2008 Address City 174 Lincoln Avenue Hawthorne Fiscal Officer Notes: DOL and Carl and Russell Babb as/ndividuals State Zip Code NJ 07506 Company Name Ontario Flooring Company FEIN: Barred Until 16-1554554 02/06/2008 Address City State 296 Rogers Pa,fltway Rochest~' NY Fiscal Officer Notes: DOL See George I Leva Sr. Debarment period extended after additional violation Zip Coda 14617 Monday, May 02, 2005 Page 21 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Oswego Trucking & Leesing FEIN: Barred Until 16-1371814 07/21/2008 Address City State Zip Code 258 Washington Blvd Oswego NY 12801 Fiscal Officer Notes: DOB Falsified records Company Name P & H Supply Company Inc FEIN: Barred Until 13-3868727 05/25/2009 Address City State Zip Code 241-A Harrison Avanue Harrison NY 10528 Fiscal Officer Notes: DOL Multiple willful violations - debarment period extended afte~ additional willful violations Company Name Pachyderra Entea'pcises Inc FEIN: Barred Until 00-1386527 05/24/2009 Address CRy State Zip Code 1537 Union Street Scheaectady NY 12309 Fiscal Officer Notes: DOL And Willie Jones and Mary Newsom as individuals - Multiple willful violations Company Name Paim City Contractors Inc FEIN: Barred Until 52-1764775 03/07/2007 Address CRy State Zip Code P O Box 8808 Baltimore MD 21224 Fiscal Officer Notes: DOL Falsified payrolls Company Name Address Ps, dee Const~ction FEIN: Barred Until Fiscal Officer Notes: 16-1557064 03/12/2009 See Dalton Steel Inc. CRy State Zip Code Company Name Pa~ick Bigwian Jr Inc FEIN: Barred Until I 1-2590480 06/06/2005 Address CRy State Zip Code 175 Springs Fh~plaee R~i East Hampton NY 11937 Fiscal Officer Notes: DOL Falsified reeords Company Name Paul M Maintenance [nc FEIN: Barred Until 11-3287638 07/02/2007 Address City State Zip Code 7 Gstewood D~vc Hauppague N~ 11788 Fiscal Officer Notes: IDOL Falsified payrolls Company Name Pe~ Forakis FEIN: Barred Until 03/07/2007 Addmce City State Zip Code P ,D Box 8808 Baltimore MD 21224 Fiscal Officer Notes: DOL Multiple willfuls - Paint City Con~ lnc and Panagiotis Foralds dba Pete Forakis Monday, May 02, 2005 Page 22 of 31 LIST OF EMPLOYERS INELIGIBLE! TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Pcttit & Pcttit Inc 7 Schulyer Street Belmont NY 14813 FEIN: Barred Until Fiscal Officer Notes: 16-1576164 03/21/2010 DOL Multiple villful violations Company Name Address City State Zip Coda Pilos Contmc6ng Corp 271 58th Stab=et Brooklyn NY 11220 FEIN: Barred Until Fiscal Officer Notes: I 1-2540761 08/10/2005 DOL one willful with NYC and one willful with DOL Company Name Address City State Zip Code Pipcjackers Inc 15 East Bartlett Road Middle Island NY 11953 FEIN: Barred Until Fiscal offcer Notes: 11-2209596 06/26/2007 DOL Company Name Port Ewen Trucking Corp FEIN: Barred Until 11-3484639 02/19/2008 Address City State Zip Code 2013 Flatbush Avenue Brooklyn NY 11234 Flacal Officer Notes: DOL Also at 99 St. NicholasAveaue, Brooklyn, Ny 11237. A~ aa substantially owned- affiliated entity and/or successor of Cavalier Construction Corp. Falsification of records Company Name Professional Fence Co ofWNY Inc FEIN: Barred Until 16-1425254 07108/2005 Address City State Zip Code 6479 Willow Drive North Boston NY 14075 Fiscal Officer Notes: DOL multiple willfuls Company Name Rainbow Menhanieal Systems lac FEIN: Barred Until 01/28/2007 Address 42-49 Colden St - Suite 3 Fiscal Officer Notes: NYC Plea ag[cement City State Zip Code Rushing NY 11355 Company Name ' Rapid Demolition Co lac FEIN: Barred Until I 1-2869485 l I/l 8/2007 Address 2550 West 13th Street Fiscal Officer Notes: NYC And successors City State Zip Code Brooklyn NY 11223 Company Name Address c~ty State Zip Code Rebecca Gatto*-Wood FEIN: Barred Until 05/18/2009 Fiscal Officer Notes: As an individual. Sec Diracen Commercial Contractom. Monday, May 02, 2005 Page 23 of 31 I LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Republic Construction & Management lnc 8111 7th Avenue Brooklyn NY 11228 . FEIN: Barred Until Fiscal Officer Notes: l 1-3178177 12/10/2007 NYC and Azam Ali Chaudhry - falsified payrolls - pica agreement Company Name Address City State Zip Code Robbye Bissesar 89-51 Springfield Bird Queens Village NY 11427 FEIN: Barred Until Fiscal Officer Notes: As an individual. See St= latcmstlonal Inc Company Name Address City State Zip Code Robert Amendola 1084 Sunrise Highway Amityvillc NY 11701 FEIN: Barred Until Fiscal Officer Notes: 03/19/2008 As an individual. See Westwood Fence Corp. Company Name Address City State Zip Code Robert De2Vlontc 367 Veterans Memorial Hwy Commack NY 11725 FEIN: Barred Until Fiscal Officer Notes: 01/10/2010 As an individual. See L & T Plumbing Corp. Company Name Address City State Zip Code Robert W Mctzgar 11365 Center Road She~den NY 14135 FEIN: Barred Until Fiscal Officer Notes: 04/04/2010 DOL dba King Machinc - Also as an individual. Company Name Address City State Ranmar Eavironmcaad S¢~vJccs Corp 703 Atlantic Avenue Rochcstc; NY FEIN: Barred Until Fiscal Officer Notes: 16-1492326 12/22/2009 AG And John Bradford as an individual. Falsified payrolls. Plea sgxeemeat. Zip Code 14609 Company Name Russell Bebb FEIN: Barred Until 07/21/2008 Address City Fiscal Officer Notes: As an individual -Scc Olympic Window Installers lnc State Zip Code Company Name Address S & B Cons~ucfion & Contracting Ltd 78 Wohseepen Road FEIN: Barred Until Fiscal offcar Notes: 11-2987611 04/15/2007 DOL City Bd~ State NY Zip Code 11718 Monday, May 02, 2005 Page 24 of 31 [ LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Savoya Construction Corp FEIN: Barred Until 06-1421004 09/21/2006 Address City State Zip Code 13-15 37di Avenue Long Island City NY 11101 Fiscal Officer Notes: DOE a Joint Venture with United Painting and Contracting lnc, - falsified payrolls - debarment period extended Company Name Sawas A. Sawa FEIN: Barred Until 10/14/2008 Address City Fiscal Officer Notes: See Euro Craft Restoration Inc State Zip Code Company Name Scott Bondersky FEIN: Barred Until 04/15/2007 Address City 8tats Zip Code 78Wohseepen Road Bright~aters NY 117 t 8 Fiscal Officer Notes: DOL Individually and as Officer and/or Shareholder of S & B Construction and Contracting Ltd Company Name Senn Campion FEIN: Barred Until 10/14/2008 Address City P O Box 82 Valatie Fiscal Officer Notes: dba Everlasting Slate - as an individual State Zip Code NY 12184 Company Name Shirley J Pa'dee FEIN: Barred Until 03/12/2009 Address City State 197 U S Route 11 Central Square NY Fiscal Officer Notes: As an individual. See Dalton Steel Inc dba Pm'dee Consiruction. Zip Code 13036 Company Name Address Southw~xn C-nmeral Contracting ][nc 1586 Gowans Road FEIN: Barred Until Fiscal Officer Notes: 16-1569822 10/08/2009 DOL Falsiflceton of reeords City State Zip Code Angola NY 14006 Company Name Address Spider Construction and Wateq~ooflng fuc 806 53rd Street FEIN: Barred Until Fiscal Officer Notes: I I/I 9/2006 NYC Fal~iflad payroll records City State Zip Code Brooklyn NY 11220 Company Name Sprucewood Painting Corp FEIN: Barred Until l 1-2949533 02/20/2007 Address CRy State Zip Code 94 Cleveland Avenue M assapaqua NY 11758 FiScal Officer Notes: NYC and Nikolaos D. Varelakls, Susan E. Varelakis and John Varelakis, as individuals. Multiple willful violations end falaifiad payroll records. Assurance of Discontinuanen/Satfl~mant Agn~monL Monday, May 02, 2005 Page 25 of 31 t LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Stamatia Kallea'gis 159 92nd Street Brooklyn NY 11209 FEIN: Barred Until Fiscal Officer Notes: 08/07/2008 As an individual. See Franco Paint.s, Inc. and Mida Painting Ltd Company Name Address City State Zip Code Star International Inc 89-51 Springfield Blvd Queens Village NY 11427 FEIN: Barred Until Fiscal Officer Notes: 00-1613496 DOL Also Robbye Bissesar. Falsified payroll - permanently debarred Company Name Address City State Zip Code State Envimnmantal Services Inc lg01 Stillwell Avenue Brooklyn NY 11223 FEIN: Barred Until Fiscal Officer Notes: I 1-3164259 02/25/2008 NYC Plea agreeanent Company Name Address CRy State Zip Code State of thc Art Construction 14.0 Marine Street Farrningdale NY 11735 FEIN: Barred Until Fiscal Officer Notes: 11-2653210 10/06/2005 DOL Multiple willful violations Company Name Address CRy State Zip Code Stgphen Potter 112 Summerville Drive Rochester NY 14617 FEIN: Barred Until Fiscal Officer Notes: 10/16/2006 DOL dba Drywall Wizard Company Name Steve J Nictas c/o l Bart Constr FEIN: Barred Until 12/14/2009 Address CRy 119-51 Me~opolitan Ave Jamaica Fiscal offcer NOt~: DOL As an individual - See J Ban' Construction Corp. State Zip Code NY 11415 Company Name Steve Me~zer FEIN: Barred Until 07/17/2009 Address City 62 Neulist Av~lue Port Washington Fiscal Officer Notes: As an individual. Sec Bat-Jan Construction State Zip Code NY 11050 Company Name Super Sttutn'ure Builders Inc FEIN: Barred Until 11-3487355 02/19/2008 Address City State Zip Code 99 St Nicholas Aveeue Brooklyn NY 11237 Fiscal Officer Notes: DOL Also at 2013 Flatbush Aveaue, Brooklyn, NY I 1234. AS a substantially owned-aliiliated entity and/or successor of Cavalier Construction Corp, Falsification of'records Monday, May 02, 2005 Page 26 of 31 I LIST OF EMPLOYERS INELIGIBLE: TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Superior Jamestown Corporation 55 Jone~-Gifford Avenue Jamestown NY 14701 FEIN: Barred Until Fiscal Officer Notes: 16-1381131 03/17/2008 NYC Falsified payroll records Company Name Address City State Zip Code Susan E. Varelalds 94 Cleveland Avenue Massepequa NY l 1758 FEIN: Barred Until Fiscal Officer Notes: 02/20/2007 As an individual - See Spmcewood Painting Corp Company Name Address CRy State Zip Code T J Wilson Electric [nc 263 Waverly Avenue Mamaron~ck NY 10543 FEIN: Barred Until Fiscal Officer Notes: 13-3615112 02/10/2007 NYC Falsified payrolls Company Name Address City State Zip Code Tarciaio Ferraira l 51-60 7th Avanue Whitestone NY 11357 FEIN: Barred Until Fiscal Officer Notes: 08/04/2009 AG and Nu-Look Painting & Wallpapexing [nc and TF Painting Corp. Plea agreement with A.G.'s Office. Company Name TF Painting Corp FEIN: Barred Until 08/04/2009 Company Name TGR ~on FEIN: Barred Until 22-2671011 07/31/2006 Address City State Zip Code 151-60 7th Avenue Whitcstonc NY 11357 Fiscal Officer Notes: AG and Nu-Look Painting & Wallpapering Inc. and Ta~isio Fga'~ira, individually. Plea agreement with A.G.'s Office. Address City State Zip Code 22 Troy Lane Lincoln Pa~ NJ 07035 Fiscal Officer Notes: DOL Multiple violations Company Name Thomas Hanlon FEIN: Barred Until 09/11/2008 Address City Fiscal Officer Notes: As an individual. See Hamax Construction Corp ZipC~e Company Name Thomas K Faigiano FEIN: BaiTed Until Address City State Zip Code Fiscal Officer Notes: Principal officer-partner and/or shareholder- see M Falgiano Construction Co Inc Monday, May 02, 2005 Page 27 of 31 [ LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Coda Thomas L Smalls 24. Miller Street Rochaster NY 1460~ FEIN: Barred Until Fiscal Officer Notes: 06/30/2009 DOL dba LTS Construction - also as an individual. Falsified payrolls. Company Name Address City State Zip Code Thomas Masonry & Concrete Inc 803 West Avenue, Ste 207 Rochester NY 1461 l FEIN: Barred Until Fiscal Officer Notes: 16-1535306 08/18/2009 DOL Multlple willful violations Company Name Address City State Zip Code Thomas Masoni3, Ent~pxise Inc 955 Buffalo Road Rochester NY 1462A FEIN: Barred Until Fiscal Officer Notes: 73-3103284 08/18/2009 DOL Multiple willful violations Company Name Address City State Zip Code Topo-Metrics Inc 432 Park Avenue South New York NY 10016 FEIN: Barred Until Fiscal Officer Notes: 11-2465550 04/22/2009 DOL Falsification of payroll records Company Name Address City State Zip Code Topor Contracting lnc 153 Fillmore Avenue Buffalo NY 14210 FEIN: Barred Until Fiscal Officer Notes: 16-1590680 04/27/2009 DOL Falsified payrolls Company Name Address City Tower Building Malntmance and Mgmt 347 Kingsland Avenue Brooklyn FEIN: Barred Until Fiscal Officer Notes: l 1-3042307 l l/24/2008 DOL Additional willful violations - dcbermeat period exmaded State Zip Code NY 11222 Company Name Tri-State Building Contractors [~c FEIN: Barred Until 14-1765905 05/24/2009 Address 108 Spmmw Ridge Road Fiscal Officer Notes: DOL Falsified payroll records c~y Carmel Company Name Address City Two By Four Cm'pontry end Constr [nc 132 W 129th St-Ste 4W New York FEIN: Barred Until Fiscal Officer Notes: 08/12/2009 AG dba of Harrison Sarvis. Plea agreemeat with A.G.'s Ot~cc. State Zip Code NY 10512 State Zip Code NY 10027 Monday, May 02, 2005 Page 28 of 31 I LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Uhl~in Property Services and Contracting 209 Paddock Street Watertown NY 13601 PEIN: Barred Until Fiecal Officer Notes: 16-1372913 08/10/2005 DOL John C~ Uhlein II1 dba Uhlaln Property Services and Contracting - consent by stipulation Company Name Address City State Zip Code United Painting and Contracting inc 13-15 37th Avenue Long Island City NY 11101 PEIN: Barred Until Fiscal Officer Notes: 09/21/2006 DOL a Joint Venture with Savoya Construction Corp. - falsified payrolls - debarment period extended Company Name Address City State Zip Code Vardo Construction Corporation 1850 Steinway Street Long Island City NY 11105 PEIN: Barred Until Fiscal Officer Notes: 11-2694892 01/08/2009 DOL And Lo~ DcVardo as an individual. Falsified payrolls Company Name VICO Mcchanienls Systems Inc PEIN: Barred Until 01/28/2007 Address c/n S.Z~itlin 50 Court St Fiscal Officer Notes: NYC Plea agreement City State Zip Code Brooklyn NY I 1201 Company Name Address City Victory R~ofing & Contracting Co Inc 265 Victory Boulevard Statnm Island FEIN: Barred Until Fiscal Officer Notes: 38-0100331 04/14/2008 DOL and Musa Paenku as in individual. Falsificatinn of racords State Zip Code NY 10301 Company Name W & B Mechanical Corp FEIN: Barred Until 11-1340725 03/05/20t0 Address City State zip Code 303 Ten Eyck Strcgt Brooklyn NY 11206 Fiscal Officer Notes: DOL aka White and Blue Sheet Me,al Inc and Eliyhu Banynmin as an individual. Falsification of rec, ords. Company Name W J C~nde~ Roofing Company FEIN: Barred Until 16.0846854 10/18/2009 Address City State Zip Code 1765 Mt Read Boulevard Rochester NY 14606 Fiscal Officer Notes: DOL As a substantially affiliated ~nployer. Sca A A C~aerai Contractors, Inc. Multiple violations Company Name W Property R~ Inc PEIN: Barred Until 13-3462866 08/16/2006 Address City State Zip Code 123 W~ 126th Sm~ New York NY 10027 Fiscal Officer Notes: NYC Multiple willfuls Monday, May 02, 2005 Page 29 of 31 L LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Wayne Vitale lac P 'O Box 325 Port Jcffcrson NY 1 ] 777 FEIN: Barred Until Fiscal Officer Nates: l 1-2779916 11/08/2005 DOL Dba Neptune Construction Co Company Name Address City State Zip Code West Electric [nc P O Box 83 Blossvaic NY 13308 FEIN: Barred Until Fiscal Officer Notes: 16-1496979 07/19/2006 DOE Multiple willful violations Company Name Address Westchcstc~ Iron Works Corporation 65 Plain Avenue FEIN: Barred Until Fiscal Offcer Notes: 13-3459763 03/02/2006 NYC Voluntary debarment City State Zip Code New Rochelle NY 10801 Company Name Westwood Fence Corp FEIN: Barred Until I 1-3084236 03/19/2008 Address City State Zip Code 1084 Sundae Ili~way Amityville NY 11701 Fiscal OffiCer Notes: And Robert Amendola as an individual. Falsified payrolls. Plea agreement enterad into with Suffolk County D.A2s Office. Company Name White and Blue Sheet Metal Inc FEIN: Barred Until 03/05/2010 Address City 303 Ten Eyck Street Brooklyn Flecal Officer Notes: See W & B Mechanical Inc. State Zip Code NY 11206 Company Name Wiley Development Co ]nc PEIN: Barred Until 16-1363561 08/11/2009 Address 235 No,hampton St/~-t Fiscal Officer Notes: DOL Falsified payroll records City State Zip Code Buffalo NY 14208 Company Name William M Stringer PEIN: Barred Until 12/18/2006 Address Fiscal Officer Notes: sen City State Zip Code Company Name William Valentine FEIN: Barred Until 09/11/2008 Address City Fiscal Officer Notes: As an individual. See Hamax Comimction Corp State Zip Code Monday, May 02, 2005 Page 30 of 31 I LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Willie Jones 1537 Union Street Schenectady NY 12309 FEIN: Barred Until Fiscal Officsr Notes: 05/24/2009 DOL As an individual. See Pachyderm Enterprises Inc Company Name Address City State Zip Code Wilson Tank Builders Inc 646 North Broad Street Grove City PA 16127 FEIN: Barred Until Fiscal Officer Notes: 25-1773019 05/08/2006 DOL Falsified records Company Name Address City State Zip Code Wint~h Contracting Inc 1950 E Main St - Stc 205A Mohegan Lake NY 10547 FEIN: Barred Until Fiscal Officer Notes: 13-3139312 07/22/2009 DOL Falsified payroll records Monday, May 02, 2005 Page 31 of 31 STATE OF NEW YORK . '~J~.~ . BUREAU OF PUBLIC WORK DEPARTMENT OF LABOR ~ STATE OFFICE BUILDING 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 DATE SUBMITTED BY: [] CONTRACTING AGENCY [] PUBLIC WORK DISTRICT OFFICE (CHECK ONE} [] ARCHITECT OR ENGINEERING FIRM A. PUBLIC WORK CONTRACT TO BE LET BY: (Enter Data Pertaining to Contractin9 Agency) 1~ Name and complete address ([3 check if new or change) Telephone: ( ) Fax: ( ) E-Maih 3. SEND REPLY TO ([] check if new or change) Name and complete address Telephone: ( ) Fax: ( ) E-Maih PROJECT PARTICULARS 5. Project Title: Description of Work: Contract Identifcation Number Note: For NYS units, the OSC Contract No. 7. Nature of ProJect- Check One [] 1. New Building O 2. Addition to Existing Structure [] 3. Heavyand HighwayConstruction (Newand Repair) [] 4. NewSewerorWaterline [] 5. OtherNewConstruction(Explain) [] 6. Other Reconstruction. Maintenance, Repair or Alteration [] 7. Demolition [] 8. Buildlng Service Contract 9. Name and Title of Requester 2, [~ N.Y. State Units (see item 5) [] 01 DOT [] 02 OGS [] 03 DORMITORY AUTHORITY [] 04 STATE UNIVERSITY CONSTRUCTION FUND [] 05 MENTAL HYGIENE FACILITIES CORP. [] 06 OTHER N.Y. STATE UNIT [] 07 City [] 08 Local School District [] 09 Special Local District, i.e., Fire, Sewer, Water District [] 10 Village C~ 11 Town [] 12 County [] 13 Other Non-N.Y. State (Describe) 4. SERVICE REQUIRED. Check appropriate box and provide project information. [] New Schedule of Wages and Supplements. 1APPROXIMATE BID DATE [] Additional Occupation and/or Redetermination PRCNUMBERISSUEDPREVIOUSLYFOR I I OFFICEUSEONLY THIS PROJECT 6. Location of Project: Location on Site Route No/Street Address Village or City Town Coun~ 8. OCCUPATION FOR PROJECT [] Construction(Building, Heavy Highway/Sewer/Water) [] Tunnel Residential [] Landscape Maintenance Elevator maintenance [] Exterminators, Fumigators Signature [] Guards, Watchmen [] Janitors, porters, cleaners [] Moving furniture and equipment [] Trash and refuse removal [] Window cleaners [] Other (Describe) OFFICE USE ONLY Locality Designations I I Locality Designations SEE OTHER SIDE FOR LAWS RELATING TO PUBLIC WORK CONTRACTS PW-39 (02-03) STATE OF NEW 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 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 ~oUblic work project. This schedule may be obtained by completing and forwarding the Request r 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 ~y 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 Section~ 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 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 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.n¥.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. In the event that you do not have: web access or are unable to acces~ 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 Depadment 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. 06/01/03 Telephone (518) 45%5589 nysdol~labor:state.ny~us .: Fax (518) 485-1870 COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: 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 publlic 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 subcon~[ractors have submitted identical certifications for specific time periods): Grading & Seeding - Sports Playing Field M-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) (2) (3) (4) (5) (6) The contractor will not discriminate against any employee or applicant for employment beca,~se 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. The contractor wil~, 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. 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. 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. 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. 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. Grading & Seeding - Sports Playing Field M-2 (7) 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 $0 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 failuro 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. Grading & Seeding - Sports Playing Field M-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 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 irt 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. Grading & Seeding - Sports Playing Field M-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 AJ All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (t8 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- 1/2 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. Grading & Seeding - Sports Playing Field M-5 Cw 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 Agencyand 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. 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. Grading & Seeding - Sports Playing Field M-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 tile 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 heraulrder, 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 payable to 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; Grading & Seeding - Sports Playing Field M-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. Grading & Seeding - Sports Playing Field M-8 DIVISION TWO - SITEWORK All work in this Division shall comply with all particulars of the General Conditions, Supplementary General conditions and the General requirements of these specifications. Section 2100 - SITE PREPARATION Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all site preparation work. Limits of work under this contract shall include the entire site. B. Related Work Specified Elsewhere: 1. SITE CLEARING - 2230 2. EARTHWORK 2300 3. LAWNS & GRASSES - 2920 Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3.01 PROTECTION OF PROJECT CONDITIONS: A. Traffic: Minimize interference with adjoining Streets, roads, adjacent property and other works to remain during site clearing operations. 1. Do not (:lose or obstruct streets, walks, or other adjacent occupied or used facilities without permission from the Town of Southold. B. Utility Locator Service: Notify utility mark out service prior to commencement of site clearing. C. Do not commence site clearing operations until temporary erosion and sedimentation control measures are in place. 3.02 DISPOSAL: A. All Brush, Trees, Stumps and vegetation debris generated from Site Clearing activities shall be stockpiled in an approved location on site as designated by the Town. This material shall be removed by Town of Southold Personnel at no cost to the Contractor. B. Burning of material on the site will not be permitted. C. Removal of construction Debris: 1. Material to be removed shall be removed from the site daily as it accumulates. 2. Should the Contractor elect to continue work beyond normal working hours, material to be removed shall not be allowed to accumulate for more than 48 hours. END OF SECTION Grading & Seeding - Sports Playing Field 2100-1 Section 2230 - SITE CLEARING Part I - GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division I Specifications, apply to this Section. 1.02 SUMMARY: A. This section includes the following: 1. Temporary erosion and sedimentation control measures. B. Related Work Specified Elsewhere: 1. SITE PREPARATION - 2100 2. EARTHWORK 2300 3. LAWNS & GRASSES - 2920 1.03 DEFINITIONS: A. Topsoil: Natural or cultivated surface-soil layer containing organic matter and sand, silt, and clay particles; friable, pervious, and black or a darker shade of brown, than underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects more than two inches in diameter; and free of sub-soil and weeds, roots, toxic materials, or other non-soil materials. B. Tree Protection Zone: Area surrounding adjacent woodland on the northerly side of the proposed field as indicated by "limits of clearing" as indicated on the drawings. Clearing limits will be designated bythe Town of Southold and flagged by the Contractor prior to construction. 1.04 MATERIAL OWNERSHIP: A. All Topsoil and satisfactory sub-soil generated by construction activity shall remain the property of the Town of Southold. B. Satisfactory sub-soil generated shall be used as fill for grading to achieve the final design elevations of the proposed playing field. C. Satisfactory sub-soil generated in excess of required fill shall be transported by the Contractor to a designated Town site within the immediate area of the project location. 1.05 QUALITY ASSURANCE: A. Preconstruction Conference: The Contractor shall be responsible for scheduling a preconstruction conference at the Project Site. Part 2 - PRODUCTS 2.01 SOIL MATERIALS A. Satisfactory Soil Materials: Requirements for satisfactory soil materials are specified in section 2300 "EARTHWORK". Contractor shall obtain approval for all borrow materials that may be required when and if unsuitable subsoil conditions are encountered. Grading & Seeding - Sports Playing Field 2230-1 Part 3 - EXECUTION 3.01 PREPARATION: A. Protect and maintain benchmarks and survey control points from disturbance during construction. The Town of Southold shall establish two benchmark control points (A 0+00 & A 6+50) as shown on the drawings. Survey work, if needed or as required, shall be the responsibility of the Contractor. B. The Contractor shall be responsible for coordinating the Flagging of the Clearing Limits with the Town of Southold prior to construction. C. The Contractor shall protect all existing fields, access roads and site improvements to remain from damage during construction. I. The Contractor shall be responsible for restoration of all site damage to its original condition or as acceptable to the Town. 3.02 TEMPORARY EROSION AND SEDIMANTATION CONTROL: A. Provide temporary erosion and sedimentation control measures to prevent soil erosion and discharge of soil-bearing water runoff or airborne dust to adjacent woodlands, properties, walkways and roads in accordance with EPA Phase II Storm-water Regulations. B. Inspect, Repair, and maintain erosion and sedimentation control measures during construction until permanent vegetation has been established. C. Contractor shall be responsible for the removal of erosion and sedimentation controls and shall restore and stabilize all areas disturbed during removal. 3.03 CLEARING AND GRUBBING: A. Remove all obstructions, trees, shrubs, grass and other vegetation within the limits of clearing as shown on the Site Grading Plan. B. All stumps, trees, brush and related vegetative debris shall be shaken free of soil and stockpiled in a designated area as selected by the Town of Southold. C. Remove and strip all topsoil, eight to ten (8"110") inches in depth, from the proposed field and stockpile in an approved location for reuse. 3.04 DISPOSAL: A. Remove all surplus soil materials, unsuitable topsoil, obstructions, demolished materials, and waste materials, including trash and debris, and legally dispose of them off Owner's property. Bo All stumps, trees, brush and related vegetative debris generated by the Clearing & Grubbing operation shall be removed from the designated stockpile area by the Town. END OF SECTION Grading & Seeding - Sports Playing Field 2230-2 Section 2300 - EARTHWORK Part I - GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specifications, apply to this Section. 1.02 SUMMARY: A. This section includes the following: 1. Preparation of sub-grades for lawns and sports playing fields. B. Related Work Specified Elsewhere: 1. SITE PREPARATION - 2100 2. SITE CLEARING 2230 3. LAWNS & GRASSES - 2920 1.03 DEFINITIONS: A. Grading Materials: Sub-soil materials encountered below existing topsoil layer consisting of loam, sand and gravel. B. Excavation: Grading of materials encountered above sub-grade elevations of new sports playing fields. 1. Unauthorized Excavation: Excavation below sub-grade elevations or beyond indicated dimensions without direction by the Architect. Unauthorized excavation, as well as remedial work directed by the Architect, shall be without additional compensation. C. Borrow: Satisfactory soil imported from off-site for use as fill or grading material. D. Fill: Soil materials used to raise existing grades. E. Sub-grade: Surface or elevation remaining after completing excavation, or top surface of a fill immediately below topsoil materials. 1.04 QUALITY ASSURANCE: A. Geotechnical Testing Agency Qualifications: An independent testing agency qualified according to ASTME 329 to conduct soils material tests and verification of soil compaction rates. B. Pre-excavation Conference: Conduct a Project Site conference prior to commencement of work. 1.05 PROJECT CONDITIONS: A. Existing Utilities: It is assumed by the Town of Southold that utilities do not exist in the immediate area of the work. The Contractor shall be responsible for verification of same. B. Existing Roads and Site Access: Access roadways within the property limits are considered stable. The Contractor shall be responsible for maintenance of these roads and all restoration work required or made necessary by construction activities shall be the responsibility of the Contractor. Grading & Seeding - Sports Playing Field 2300-1 Part 2 - PRODUCTS 2.01 SOIL MATERIALS A. General: Provide borrow soil materials when sufficient satisfactory soil materials are not available from excavations. B. Excess Soil Materials: When sub-grade elevations have been established to meet the minimum design requirements and with the approval of the 'Town of Southold, all excess fill materials shall be the property of the Town of Southold and shall be removed by the Contractor to art adjacent Town Site at the Contractors expense. C. Satisfactory Soils: ASTM D 2487 soil classification groups GW, GP, GM, SW, SP, and SM, or a combination of these group symbols; free of rock or gravel larger than 3 inches in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter. D. Unsatisfactory Soils: ASTM D 2487 soil classification groups GC, SC, ML, MH, CL, CH, OL, OH, and PT, or any combination of these group symbols. 1. Unsatisfactory soils also include satisfactory soils not maintained within two (2%) percent of optimum moisture content at the time of compaction. E. Fill: Satisfactory soil materials. Part 3 - EXECUTION 3.01 PREPARATION: A. Protect structures, roads, adjacent playing fields, trees and other items from damage caused by construction activities & earthwork operations. B. Protect sub-grades and fill material against freezing temperatures or frost. Provide protective insulating materials as necessary. C. Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil bearing water run-off or airborne dust to adjacent properties. Erosion control measures shall meet the minimum requirements of EPA Phase II Storm-water Pollutant Regulations. 3.02 EXCAVATION, GENERAL: A. Unclassified Excavation: Excavation to sub-grade elevations regardless of the character of surface and sub-surface conditions encountered, including rock, soil materials and obstructions. 1. If excavated materials intended for Fill include unsatisfactory soil materials and rock, replace with satisfactory soil materials. 3.03 STORAGE OF SOIL MATERIALS: A. Stockpile Topsoil and satisfactory excavated soil materials without intermixing. Place, grade and shape stockpiles to drain surface water. Cover to prevent wind blown dust. 1. Stockpile soil materials in an approved location as designated by the Town of Southold. Grading & Seeding - Sports Playing Field 2300-2 3.04 Fill A. Preparation: Remove vegetation, topsoil, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface before placing fills. B. Plow, scarify, bench, or break up sloped surfaces steeper than one vertical to four horizontal so fill material will bond with existing material. C. Place satisfactory soil materials as required in maximum lifts of eight inches in thickness. 3.05 APPROVAL OF SUB-GRADE: A. Notify Architect when excavations have reached required sub-grade. B. If Architect determines that unsatisfactory soil is present, continue excavation and replace with compacted backfill or fill material as directed. C. Proof roll sub-grade with heavy pneumatic-tired equipment to identify soft pockets and areas of excess yielding. Do not proof roll wet or saturated sub-grades. D. Reconstruct sub-grades damaged by freezing temperatures, frost, rain, accumulated water, or construction activities, as directed by the Architect. E. Side slope grades at the North Easterly perimeter of the new sports playing field shall not exceed slopes that are steeper than one vertical to four horizontal. 3.06 MOISTURE CONTROL.: A. Uniformly moisten or aerate sub-grade and each subsequent fill layer before compaction to within 2 percent of optimum moisture content. I. Do not place fill material on surfaces that are muddy, frozen, or contain frost or ice. 2. Remove and replace, or scarify and air-dry, otherwise satisfactory soil material that exceeds optimum moisture content by 2 percent and is too wet to compact to specified dry unit weight. 3.07 COMPACTION OF FILLS: A. Place fill materials in layers not more than 8 inches in loose depth for material compacted by heavy compaction equipment, and not more than four inches in loose depth for material compacted by hand- operated tampers. B. Place sub-grade fill materials evenly to obtain required elevations and compact soil to not less than the following percentages of maximum dry unit weight according to ASTM D 698: 1. Under thE., new sports playing field, scarify and re-compact top six (6") inches below sub-grade and compact each layer of fill material at 85 percent. Grading & Seeding - Sports Playing Field 2300-3 3.08 GRADING: A. General: Uniformly grade areas to a smooth surface, free from irregular surface changes. Complywith compaction requirements and grade to contour lines and elevations indicated. 1. Provide a smooth transition between adjacent existing grades where indicated or required. 2. Cut out soft spots, fill Iow spots and trim high spots to comply with required surface tolerances. B. Site Grading: Slope grades to direct water in a northerly direction and prevent standing water. Finish sub-grades to required elevations within tolerances of plus or minus one (1") inch. 3.09 PROTECTION: A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing and erosion. Keep free of trash and debris. B. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions. Scarify or' remove and replace soil material to depth as directed by Architect; reshape and re-compact. C. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact and reconstruct surfacing. Restore appearance, quality, and condition of finished surfacing to match adjacent work and eliminate evidence of restoration to the greatest extent possible. 3.10 DISPOSAL OF SURPLUS AND WASTE MATERIALS: A. Disposal: Transport surplus satisfactory soil to designated storage areas on adjacent Town of Southold property. Stockpile or spread soil as directed by the Architect. 1. Remove waste material, including unsatisfactory soil, trash, miscellaneous debris, and legally dispose of it away from Town of Southold Property. END OF SECTION Grading & Seeding - Sports Playing Field 2300-4 Section 2920 - LAWNS AND GRASSES Part I - GENERAL 1.01 RELATED DOCUMENTS: A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specifications, apply to this Section. 1.02 SUMMARY: A. This section includes the following: 1. Seeding. 2. Lawn Renovation. B. Related Work Specified Elsewhere: 1. SITE PREPARATION - 2100 3. SITE CLEARING 2230 2. EARTHWORK 2300 1.03 DEFINITIONS: A. Finish Grade: Elevation of finished surface of planting soil. B. Planting Soil: Native topsoil. C. Sub-grade: Surface or elevation of sub-soil remaining after completing excavation or top surface of a fill immediately beneath the planting soil. 1.04 SUBMITTALS: A. Product Data: For each type of product indicated. B. Certification of Grass Seed: From seed vendor for each grass-seed monostand or mixture stating the botanical and common name and percentage by weight of each species and variety, and percentage of purity, germination, and weed seed. Include the year of production and date of packaging. 1. Certification of each seed mixture for turf-grass, identifying source, including name and telephone number of supplier. C. Product Certificates: For soil amendments and fertilizers, signed by product manufacturer. D. Qualification Data: For Landscape Installer. E. Material Test Reports: For existing surface topsoil. F. Planting SchedL]le: Indicating anticipated planting dates for each type of planting. G. Maintenance Instructions: Recommended procedures to be established by Owner for maintenance of lawns during a calendar year. Submit before expiration of required maintenance periods. 1.05 QUALITY ASSURANCE: A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful lawn establishment. 1. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when planting is in progress. Grading & Seeding - Sports Playing Field 2920-1 1.06 1.07 1.08 B. Topsoil Analysis: Furnish soil analysis by a qualified soil-testing laboratory stating percentages of organic matter; gradation of sand, silt, and clay content; cation exchange capacity; deleterious material; PH; and mineral and plant-nutrient content of topsoil. 1. Report suitability of topsoil for lawn growth. State recommended quantities of nitrogen, phosphorus, and potash nutrients and soil amendments to be added to produce a satisfactory topsoil product. C. Pre-Installation Conference: Conduct a pre-application conference with Town of Southold before commencing seeding operations. DELIVERY, STORAGE AND HANDLING: A. Deliver seed in original; sealed, labeled and undamaged containers. SCHEDULING: A. Clearing, Grubbing, Excavation, Grading, Fill and related site work may begin on or after August Ist, 2005. Planting shall begin the middle of September and be completed by October Ist, 2005. B. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit. LAWN MAINTENANCE: A. Begin maintenance immediately after each area is planted and continue until acceptable lawn is established, but for not less than 60 days from a date of Substantial Completion. 1. When full maintenance period has not elapsed before end of planting season, or if lawn is not fully established, continue maintenance during next planting season. B. Maintain and establish lawn by watering, fertilizing, weeding, mowing, trimming, replanting, and other operations as needed. Roll, re-grade, and replant bare or eroded areas and re-mulch to produce a uniformly smooth lawn. C. Watering: Provide and maintain temporary watering system consisting of piping, hoses, and lawn-watering equipment to convey water from sources and to keep lawn uniformly moist to a depth of 4 inches. 1. Schedule watering to prevent wilting, standing water, erosion and displacement of seed or mulch. Lay out temporary watering system to avoid walking over muddy or newly planted areas. 2. Water lawn for 30 days with fine spray as necessary. D. Mow lawn as soon as top growth is tall enough to cut. Repeat mowing to maintain specified height without cutting more than 40 percent of grass height. Remove no more than 40 percent of grass-leaf growth in initial or subsequent mowing. Do not delay mowing until grass blades bend over and become matted. Do not mow when grass is wet. Schedule initial and subsequent mowing to maintain a grass height between 314 to 2 inches high, Grading & Seeding - Sports Playing Field 2920-2 Lawn Post-fertiliZation: Apply fertilizer after initial mowing and when grass is dry. 1. Use fertilizers that, when used, will provide actual nitrogen of at least 1 Lb./1000 sq. ft. to lawn area. Part 2 - PRODUCTS 2.01 SEED: A. Grass Seed: Fresh, clean, dry, new-crop sees complying with AOSA's "Journal of Seed Technology; Rules for Testing Seeds" for purity and germination tolerances. B. Seed Species: State-certified seed of grass species, as follows, tolerance for germination shall be those called official and tabulated by the U. S. Department of Agriculture: 1. Seed Mixture shall be L.I.C.A. Southold Town Blue/Rye Mix as follows: a. 30 percent Jasper II Fescue. 2.02 TOPSOIL: A. 2.03 b. 20 percent c. 20 percent d. 20 percent e. 10 percent Blue Velent Blue Grass. Fiesta 3 Perennial Ryegrass. Cutter Perennial Ryegrass. Touchdown Blue Grass. Topsoil: ASTM D 5268, pH range of 5 to 7, a minimum of 5 percent and maximum of 20 percent organic material content; free of stones 1/2 inch or larger in any dimension and other extraneous materials harmful to plant growth.. 1. Topsoil Source: Reuse surface soil stockpiled on-site. Verify suitability of stockpiled surface soil to produce topsoil. Clean surface soil of roots, plants, sod, stones, clay lumps and other extraneous materials harmful to plant growth. 2. Topsoil Source: Amend existing in-place surface soil to produce topsoil. Verify suitability of surface soil to produce topsoil. Clean surface soil of roots, plants, sod, stones, clay lumps and other extraneous materials harmful to plant growth. SOIL AMENDMENTS: Lime: ASTM C 602, agricultural limestone containing a minimum 80 percent calcium carbonate equivalent and as follows: 1. Class: Class T, with a minimum 99 percent passing through No. 8 sieve and a minimum 75 percent passing through No 60 sieve. 2. Class: Class O, with a minimum 95 percent passing through No. 8 sieve and a minimum 55 percent passing through No 60 sieve. 3. Provide lime in form of dolomitic limestone. Sulfur: Granular, biodegradable, containing a minimum of 90 percent sulfur, with a minimum 99 percent passing through No. 6 sieve and a maximum 10 percent passing through No. 40 sieve. INORGANIC A. Grading & Seeding - Sports Playing Field 2920-3 2.04 2.05 C. Iron Sulfate: Granulated ferrous sulfate containing a minimum of 20 percent iron and l0 percent sulfur. D. Aluminum Sulfate: Commercial grade, unadulterated. E. Perlite: Horticultural perlite, soil amendment grade. F. Agricultural Gypsum: Finely ground, containing a minimum of 90 percent calcium sulfate. G. Diatomaceous Earth: Calcined, diatomaceous earth, 90 percent silica, with approximately 140 percent water absorption capacity by weight. H. Zeolites: Mineral clinoptilolite with at least 60 percent water absorption by weight. I. Sand: Clean, washed, natural, free of toxic materials. ORGANIC SOIL AMENDMENTS: A. Compost: Well-composted, stable, and weed-free organic matter, pH range of 5.5 to 8.5; moisture content 35 to 55 percent by weight; 100 percent passing through 1/4 inch sieve; soluble salt content of 5 to 10 decisiements/m; not exceeding 0,5 percent inert contaminants and free of substances toxic to plantings; and as follows: 1. Organic matter Content: 40 to 50 percent of dry weight. 2. Feedstock: Agricultural, food, or industrial residuals; or yard trimmings. B. Pete: Sphagnum peat moss, partially decomposed, finely divided or granular texture., with a pH range of 3.4 to 4.8. C. Wood Derivatives: Decomposed, nitrogen-treated sawdust, ground bark, or wood waste; of uniform texture, free of chops, stones, soil, or toxic materials. D. Manure: Well-rotted, unleached, stable or cattle manure containing not more than 25 percent by volume of straw, sawdust, or other bedding materials; free of toxic substances, stones, sticks, soil, weed seed, and material harmful to plant growth. FERTILIZER: A. Bone meal: Commercial, raw or steamed, finely ground; a minimum of 10 percent nitrogen and 20 percent phosphoric acid. B. Super-phosphate: Commercial, phosphate mixture, soluble; a minimum of 20 percent available phosphoric acid. C. Commercial Fertilizer: Commercial-grade complete fertilizer of neutral character, consisting of fast and slow release nitrogen, 50 percent derived from natural organic sources of urea formaldehyde, phosphorous and potassium in the following composition: 1. Composition: Nitrogen, phosphorous and potassium in amounts recommended in soil reports from a qualified soil-testing agency. Grading & Seeding - Sports Playing Field 2920-4 2.06 2.07 D. Slow Release Fertilizer: Granular or pelleted fertilizer consisting of 50 percent water insoluble nitrogen, phosphorus and potassium in the following composition: 1. Composition: Nitrogen, phosphorous and potassium in amounts recommended in soil reports from a qualified soil-testing agency. MULCHES: A. Straw Mulch: Provide air-dry, clean, mildew and seed free, salt hay or threshed straw of wheat, rye, oats or barley. PLANTING SOIL MIX: A. Planting Soil Mix: Mix topsoil with the following soil amendments and fertilizers in the, following quantities: 2. 3. 4. 5. 6. 7. Ratio of loose Compost to Topsoil by Volume: 1:3 Ratio of loose Peat to Topsoil by Volume: 1:4 Weight of Lime ! 1000 Sq. Ft.: As recommended. Weight of Bone meal / 1000 Sq. Ft.: As Recommended Weight of Superphosphate / 1000 Sq. Ft.: As Recommended Weight of Commercial Fertilizer/1000Sq. Ft.: As Recommended Weight of Slow Release Fertilizer/1000 Sq. Ft.: As Recommended Part 3 - EXECUTION 3.01 EXAMINATION: A. Examine all areas to receive lawns and grass for compliance with requirements and other conditions affecting performance. Proceed with installation only after unsatisfactory conditions have been corrected. 3.02 SITE PREPARATION: A. Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust to adjacent properties. 3.03 LAWN PREPARATION: A. Limit lawn sub-grade preparation to areas to be planted. B. Newly Graded Sub-grades: Loosen sub-grade to a minimum depth of 4 inches. Remove stones larger than 1 inch in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off site. 1. Thoroughly Blend planting soil mix before spreading topsoil and apply soir amendments and fertilizer on surface and thoroughly blend into planting soil mix. a. Delay mixing fertilizer with planting soil if planting will not proceed within a few days. b. Mix lime with dry soil before mixing fertilizer. Grading & Seeding - Sports Playing Field 2920-5 3.04 3.05 2. Spread planting soil mix to a minimum depth of 4 inches but not less than required to meet finish grades after light rolling and natural settlement. Do not spread if planting soil or sub-grade is frozen, muddy or excessively wet. a. Spread approximately one-half the thickness of planting soil mix over loosened sub-grade. Mix thoroughly into top 4 inches of sub-grade. Spread remainder of planting topsoil mix to achieve final grade. C. Finish Grading:: Grade planting areas to a smooth, uniform surface plane with loose, uniformly fine texture. Grade to within plus or minus 1/2 inch of finish elevation. Roll and rake, remove ridges, and fill depressions to meet finish grades. Limit fine grading to areas that can be planted in the immediate future. D. Moisten prepared lawn areas before planting if soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. E. Restore areas if eroded or otherwise disturbed after finish grading and before planting.. SEEDING: A. Sow seed with spreader or seeding machine. Do not broadcast or drop seed when wind velocity exceeds 5 mph. Evenly distribute seed by sowing equal quantities in two directions at right angles to each other. 1. Do not use wet seed or seed that is moldy or otherwise damaged. B. Sow seed at the rate of 60 Lb. per 10,000 sq. ft. of area. Sow half the seed in one direction, then sow the other half in a direction at ninety degrees to the first sowing. C. Rake seed lightly into top 1/4 inch or topsoil, roll lightly, and water with fine spray. D. Protect seeded areas with slopes exceeding 1:4 with erosion control blankets installed and stapled according to manufacturer's written instructions. E. Protect seeded areas with slopes not exceeding 1:6 by spreading straw mulch. Spread uniformly at a minimum rate of 2 tons per acre to form a continuous blanket 1-1/2 inches in loose depth over seeded areas. Spread by hand, blower, or other suitable equipment. F. Protect seeded areas from hot, dry weather or drying winds by applying topsoil within 24 hours after completing seeding operations. Soak and scatter uniformly to a depth of 3/16 inch and roll to a smooth surface. LAWN RENOVATION: A. Renovate existing lawns where damaged by Contractors operations such as storage of materials or equipment and movement of vehicles. 1. Re-establish lawn where settlement or washouts occur or where minor regarding is required. Grading & Seeding - Sports Playing Field 2920-6 3.06 3.07 B. Remove sod and vegetation from diseased or unsatisfactory lawn areas; Do not bury in soil. C. Remove topsoil containing foreign materials resulting from Contractor's operations, including oil drippings, fuel spills, stone, gravel and other construction materials, and replace with new topsoil. D. Remove weeds, before seeding. Where weeds are extensive, apply selective herbicides as required. Do not use pm-emergence herbicides. E. Remove waste and foreign materials, including weeds, soil cores, grass, vegetation & turf and legally dispose of them off Owner's Property. F. Mow, de-thatch, core aerate and rake existing lawn areas disturbed by construction operations. G. Apply soil amendments and initial fertilizers required for establishing new lawns and mix thoroughly into top 4 inches of existing soil. Provide new planting soil to fill Iow spots and meet finish grades. H. Apply seed and protect with straw mulch as required for new lawns. I. Water newly planted areas and keep moist until new lawn is established. SATISFACTORY LAWNS A. Satisfactory Seeded Lawn: At the end of maintenance period, a healthy, uniform, close stand of grass has been established, free of weeds and surface irregularities, with coverage exceeding 90 percent over any 10 sq. f. of area and bare spots not exceeding 5 by 5 inches. CLEAN UP AND PROTECTION A. Promptly remove soil and debris created by construction operations from all site areas. B. Erect barricades and warning signs as required to protect newly planted areas from traffic. Maintain barricades throughout maintenance period and remove after lawn is established. C. Remove erosion-control measures after grass establishment period. END OF SECTIION Grading & Seeding - Sports Playing Field 2920-7 ~~~,,~. -I_j___:~__ . - . ~ . ~ . : ;~~-J.:~-----l--------l--------~---------~-=--1:---:~,J..-------J-------- ::: , "'" '- ~ ~ ""-----------::.., f4"-S'/ ......4"-5. ~" ----",-4 .'7'-'.' -'--:-""'--:-;iI,;;-?' ~6;;J!' ~O' --7:s-------,-IL'1":",. , ,'__.....,,---...,,'-r--;'.........,...,'" ","-",,' .~'-D ~ ---:--' S"':',~:;:_~:::- "'~""'"- "": - " ~ '" Iq: , I / ~ ~ '+-- ~ -f- '" " '*-... '\i... 1:11 _ ,,"'" :1 / "'_ '11 ~ ~ '" ,,-, "%. -" 1:1111 _"1 .., ,""" .~ I' .....' E 8 4,'-6' +4"-10' /4"'S' + 4<7-11' '~-e-~'--+~--. .~. ..::-:!..:.;..~~~:.._~~_~~~ +. 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D~ cy- 42 42'-3' , , , " ~ + 4"" ~~:-'-.. ~ , , 43'-8' 43'-6' 43'-5' B ~ o 43/ A~ o lI14.':~: ~--- ~ ~ ~ 42'-11' 43"0' 43'-0' 43'-10' 43'-9' ~'"-~""'"- "-,,, ---- ---~ - ~---- ~ \ .......--..."\ \ " LINE OF EXISTING EVERGREEN TREES TO REMAIN LEGEND 42' 3" + - EXISTING PINE TREES EAST OF STATION 4+00 SHALL BE REMOVED. CONTRACTOR SHALL PROVIDE A UNIFORM TRANSITION IN GRADES BETWEEN NEW AND EXISTING FIELDS IN THIS GENERAL AREA. EXISTING GRADE ELEVATION NEW CONTOUR - "PROPOSED" ""*" ...,t.- EXISTING CONTOUR TO BE REGRADED EXISTING CONTOUR TO REMAIN GRADING PLAN STRAWBERRY FIELDS NORTHWEST CORNER SCALE: 1" 60' 6+50 LIMITS OF CLEARING TYPICAL '9 in . F E LINE OF WOODLAND TO BE CLEARED & REMOVED 39'-1" '--:. B B ~9 4o'~C1. A 40 k:: ~- ASSUMED DATUM I~ ELEVATION 40' - 0" "EXISTING GRADEl! 24/05 '05 TUE 13:42 FAX 631 765 6145 SOUTHOLD TOWN CLERK ~001 ********************** *** TX REPORT TRANSMISSION OK TX/RX NO 1493 CONNECTION TEL CONNECTION ID ST, TIME 24/05 13:41 USAGE T 00'37 PGS, SENT 1 RESULT OK 99240087 JAMES A. RICHTER REGISTERED ARCHITECT T~I. (516)- 765-1560 Fax. (516).765.9015 OFFICE OF THE ENGINEER TOWN OF $OUTHOLD SOU'I~[OLD TOWN H.,LLL 53095 MAIN ROAD, P,O, Box l t79 TOWN OF SOUT~OLD. NEW YORK l 1971 ADDENDUM NUMBER 001: May 24, 2005 Page 1 of I PROJECT: Invitation to Bid - GRADING & SEEDING of a NEW SPORTS PLAYING FIELD STRAWBERRY FIELDS FAIRGROUNDS County Rte_ 48, Mattituck, New York 11952 Attention Bidders: The following clarification of'construction specifications and bidders responsibilities shall be incorporated into the Bid Documents for the above referenced project. Section 2300 - EARTHWORK Part 2 - PRODUCTS 2.01 SOIL MATERIALS: (paragraph B shall be amended as follows) Excess Soil Materials: When sub-grade elevations have been established to meet the minimum design requirements and with the approval of the Town of Southold, alt excess fill materials shall be the property of the C-orffa-ac'[~- Town of Southold and shall be removed by the Contractor to an adjacent Town Site at the Contractors expense. Page 1 of 1 24/05 '05 TUE 13:43 FAX 631 765 6145 SOETEOLD TOWN CLERK ~001 *** TX REPORT *** TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS. SENT RESULT 1494 24/05 18:42 00'35 1 OK 96984736 JAMES A. RICHTER REGISTERED ARCHITECT TeL (516)-765. 1560 Fax. (~16)-765 - 9015 Old'ICE OF TIlE ENGINEER TOWN OF SOUTHOLD SOUTHOLD TOV~ HALL 53095 MAiN ROAD, P,O, BOX 1179 TOWN OF $OUTHOLD, NEW YOR.~ 11971 ADDENDUM NUMBER 001: May 24, 2005 Page 1 of i PROJECT: Invitation to Bid - GRADING & SEEDING of a NEW SPORTS PLAYING FIELD STRAWBERRY FIELDS FAIRGROUNDS County Rte. 48, Mattituck, New York 11952 Attention Bidders: The following clarification of construction specifications and bidders responsibilities shall be incorporated into the Bid Documents for the above referenced project. Section 2300 - EARTHWORK Pad2-PRODUCTS 2.01 SOIL MATERIALS: (Paragraph l~ shall be amended as follows) B. Excess Soil Material..;: When sub-grade elevations have been established to meet the minimum design r'equirements and with the approval of the Town of Southold, all excess fill materials shall be the property of the Cu, ,[,o,Aor Town of Southold and shall be removed by the Contractor to an adjacent Town Site at the Contractors expense. Page I of 1 24/05 '05 TUE 13:47 FAX 631 765 6J45 SOI. ITHOLD TOWN CLERK [~001 *** TX REPORT TRANSMISSION OK TX/RX NO 1495 CONNECTION TEL CONNECTION ID ST. TIME 24/05 13:47 USAGE T 00'34 PGS. SENT 1 RESULT OK 92982021 JAMES A. RICHTER REGISTERED ARCHITECT Tel. (516)-765-1~00 Fax. (516)- 765 ~ 9015 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD SOUTHOLD TOWN HALL 53095 MAIN ROAD, P,O. Box 1179 TO'~/N OF SOUTHOLD, NEW YORK I 1971 ADDENDUM NUMBER 001: May' 24, 2005 Page i of I PROJECT: Invitation to Bid - GRADING & SEEDING of a NEW SPORTS PLAYING FIELD STRAWBERRY FIELDS FAIRGROUNDS County Rte. 48, Mattituck, New York 11952 Attention Bidders: The following clarification of construction specifications and bidders responsibilities shall be incorporated into the Bid Documents for the above referenced project. Section 2300 - EARTHWORK Part 2 - PRODUCTS 2.01 SOIL,MATERIALS: (Paragraph B shall be amended es follows) Excess Soil Materials,: When sub-grade elev the minimum design requirements and with th excess fill materials shall be the property of th~ shall be removed by the Contractor to an ac expense. ations have been established to meet approval of the Town of Southold. all Cu.!au,.!.or' Town of Southold and acent Town Site at the Contractors Page __lof 1 24/05 '05 TUE 13:40 FAX 631 765 6145 SOUTHOLD TOWN CLERK ~001 *** TX REPORT *** TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT 1492 24/05 13:40 00'33 1 OK 96912392 JAIVIES A. RICHTER REGISTERED ARCHITECT 'lei. (516)- 765 ~ 1560 Fa~. ($16)- 765- 9015 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD SOUTHOLD TOWN H.M~L 53095 MAIN I~OAD, P.O. Box 117~ TO'~J~rN OF Sou'ri{OLD, NEW YORK 11971 ADDENDUM NUMBER 001: May 24, 2005 Page I of I PROJECT: Invitation to Bid - GRADING & SEEDING of a NEW SPORTS PLAYING FIELD STRAWBERRY FIELDS FAIRGROUNDS County Rte. 48, Mattituck, New York 11952 Attention Bidders: The following clarification of construction specifications and bidders responsibilities shall be incorporated into the Bid Documents for the above referenced project. Section 2300- EARTHWORK Part 2 - PRODUCTS 2.01 SOIL MATER[ALS: (Pa~graph B shall be amended as follows) B. Excess Soil Materials: When sub-grade elevations have been established to meet the minimum design requirements and with the approval of the Town of Southold, all excessfl[I materials shall bathe propertyofthe C,~.[,,~,.;.u, Town of Southold and shall be removed by the Contractor to an adiacent Town Site at the Contractors expense. Page i of 24/05 '05 TI'E 13:39 FAX 631 765 614,5 SOUTHOLD TOWN CLERK ~001 *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO 1491 CONNECTION TEL CONNECTION ID ST, TIME 24/05 13;39 [;SAGE T 00'34 PGS. SENT 1 RESULT OK 97321103 JAMES A. RICHTER REGISTERED ARCHITECT T~I. (516)-765-156o Fax. (516)- 765 - 9015 OFFICE OF THE ENGINEER TOWN OF SOOTHOLD SOUTHOLD TOWN HALL 53095 MAIN ROAD, P.O. Box 1179 TOWN OF SOUTHOLD, 1VE~W YOI'~K 1 (971 ADDENDUM NUMBER 001: May 24, 2005 Page 1 of 1 PROJECT: Invitation to Bid - GRADING & SEEDING of a NEW SPORTS PLAYING FIELD STRAWBERRY FIELDS FAIRGROUNDS County Rte. 48, Mattituck, New York 11952 Attention Bidders: The following clarification of construction specifications and bidders responsibilities shall be incorporated into the Bid Documents for the above referenced project. Section 2300 - EARTHWORK Part 2 - PRODUCTS 2_01 SOIL MATERIALS; (Paragraph B shall be amended as follows) Excess Soil Materials: When sub-grade elevations have been established to meet the minimum design requirements and with the approval of the Town of Southold, all excess fill materials shall bethe property of the C-ontractm- Town of Southold and shall be removed by the Contractor to an adiacen,t Town Site at the Contractors expense. Page 1 of 1 05~4~005 License Type/Fee Type Bid Specifications & Fees 2005 Seed Strawberry Fields) Bid Specifications & Fees 2005 Seed Strawberry Fields) Bid Specifications & Fees 2005 Seed Strawberry Fields) Bid'Specifications & Fees 2005 Seed Strawberry Fields) Bid Specifications & Fees 2005 Seed Strawberry Fields) Bid Specifications & Fees 2005 Seed Strawberry Fields) License # 1 SF 2SF 3SF 4SF 6SF Town Of Southold General Licensing Report For License Type: Bid Specifications & Fees Date Range: 05/16/2005 to 05/24/2005 Issue Date/ Expiration Date Licensee Total Notes Page: 1 05/1 ?72005 06/0;'J2005 05124/2005 05/18/2005 05/19/2005 05/20/2005 05/23/2005 Bi- County, Construction 21 Commercial Blvd. Medford, NY 11763 (631) 732-0800 ROSS, Dan 1450 Woodcliff Drive Mattituck, NY 11952 $25.00 $0.00 (631) 298-5236 Landtek, Group Inc 235 County Line Rd Amityville, NY 11701-2908 (631) 691-2381 East, Island Site Develo 54 Miller Place Yaphank Rd Middle island, NY 11953 $25.00 $25.00 (631) 924-0086 Suffolk, Paving Corp 30 North Dunton Ave Medford, NY 11763 $25.00 (631) 698-1791 Gatz, Landscaping Inc. P. O. Box 45 1800 Sound Ave Mattituck, NY 11952 (631) 298-8877 $25.00 Quantity Sub Total: 6 Amount Sub Total: $125.00 Quantity Grand Total: 6 Amount Grand Total: $125.00 JAMES A. RICHTER REGISTERED ARCHITECT Tel (516)-765-1560 Fax (516)-765-9015 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD SOUTHOLD TOWN HALL 53095 MAIN ROAD, P.O~ Box 1179 TOWN OF SOUTHOLD, NEW YORK 11971 ADDENDUM NUMBER 001: May 24, 2005 Page I of 1 PROJECT: Invitation to Bid - GRADING & SEEDING of a NEW SPORTS PLAYING FIELD STRAWBERRY FIELDS FAIRGROUNDS County Rte. 48, Mattituck, New York 11952 Attention Bidders: The following clarification of construction specifications and bidders responsibilities shall be incorporated into the Bid Documents for the above referenced project. Section 2300 - EARTHWORK Part 2 - PRODUCTS 2.01 SOIL MATERIALS: (Paragraph B shall be amended as follows) Excess Soil Materials;: When sub-grade elevations have been established to meet the minimum design requirements and with the approval of the Town of Southold, all excess fill materials shall be the property of the Contract,~,- Town of Southold and shall be removed by the Contractor to an adjacent Town Site at the Contractors expense. Page i of 1 : [-'-~o~6 ~NvO~CE NO. i', ~/05 DE$CR~PTtOI'~ FAX: (63t) 59~,-~280 235 Co~3!,1T ¥ L~i~' i~1 ~)0/~D GHEOK i c.~CX 5/~7/05 ~UMSE'a 19638 25.00 DEDUOTION .00 .00 25.00 5/t9/2005 1..9638 B~NGE 25.00 25 4161 25.00 SCNB CheCking AcCOUnt K pAvING cOBP. To~'n of Southold Tel: (631) 6flr~'t79't gar]c: (6)1) 698o~736 Cell: (631) 36S-S234 uffolk Paving Corp. A~phalt Pavln~ ¢ontra~tor~ 30 Il, Dua~e~ Ave. Medferd, NY 11763 Dominic Testa 5/20/2005 25.00 15716 25.00 25.00 ~NQI'ICE TO BIDDERS NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOL- LOWING: BIDNAME: Clearing, Gmb- bi~.g, grading, seeding and field Renovations tbr the construction ora new 250' x 650' sports play- ing field in the Northwesterly comer of Strawberry Fields Fairgrounds in Mattituck. Definite specifications may be obtained at thc Southold Town Clerk's Office beginning Mayl 7, 2005 PLACE OF OPENING: Town Or Southold Town Clerks Office 53095 Main Road Southold, NY 11971 ])ATE OF OPENING; June 2, 2005 TIME OF OPENING: 10:00 Pm CONTACT PERSON: Jamie Richter, Southold Town Engineer, 631-765-1560 VENDORS MUST SUBMIT BID IN ~ ENVELOPE WITH BID BOND Please print on the face of envelope: 1) NAME & ADDRESS OF BIDDER 2) BID NAME SEALED BID DOCUMENT MUST BE ACCOMPANIED BY A 5 % BID SECURITY It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Btdders, and General Conditions, which outline bid- ding roles of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specifica- tion reqnirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove anypages from ;his bid package, and make a copy of the bid document for your records. The bid price shall not include any tax, federal, state, or local, from which the T*wn of Southold is exempt· A non-refundable fee of $25.00 will be charged ~or plans and specifications· Pay~nent can be made by either monet order, check ~ayable to the lown of Southold with Phone # written on check), or cash. A Bidder may not withdraw his bid within forty-five (45) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Nancy M. Mclaughlin, being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler Watchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for ..... ./. ..... week(s) . successively, · // commencl3g~o~ the ...... ~ ......... day of ..... 200s.., / Sworn to l~efote me this..: ...... day of ......... &;.¢'./......, 2005. Notary Public Emily Hamill NOTARY PUBLIC, State of New York No. 01 HA5059984 Qualified in Suffolk County Commission expires May 06, 2006 days after the opening of the bids, but may withdraw his Bid at any time prior to the sched- uled time for the opening of bids. The Town reserves the right to reject any or all bids and to waive informalities, should this action be in the best interest of the Town of Southold. The Town of Southold wel- comes and encourages minority and women-owned businesses to participate in the bidding process. Dated: March 15, 2005 ELIZABETH A. NEVILLE SOUTHOLD ToWN CLERK 1X 5/19/05 (793) 21 Commercial Blvd. * Medford, New York 11763 * (631) 732-0800 * FAX # (631) 732-1103 May 16, 2005 Town of Southold 53095 Main Road Southold, NY 11971 Attention: Town Clerk Reference: CLEARING, GRUBBING, GRADING, SEEDING & FIELD RENOVATION - MATTITUCK, NY BID DATE: 6/02/05 Our firm is interested in sul~)mitting a bid for the above referenced project. A check in the amount of $25.00 is enclosed for plans and specifications. Also enclosed is a prepaid FedEx Airbill with envelope for your use in forwarding these documents at your earliest convenience. Thanking you in advance for your attention to this request. RECEIVED Very truly yours, BI-COUNTY CONSTRUCTION CORP. MAY I 7 2005 SmJf~ol~ Town Clerk Enc. INVITATION TO BID PROJECT: The clearing, grubbing, grading, seeding and field renovations for the construction of a new 250' x 650' sports playing field in the Northwesterly corner of Strawberry Fields Fairgrounds in Mattituck. The Town Board of the Town of Southold will receive bids for furnishing all materials and equipment as specified in the bid documents for the construction of a new, sports playing field in accordance with the Dm'wings & Specifications contained herein. 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, 2"~ , ~ 2005. Day Month Year All specifications are provided herein: drawings to be attached. 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 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Grading & Seeding - Sports Playing Field A-1 LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: Clearing, Grabbing, grading, seeding and field Renovations for the construction ora new 250' x 650' sports playing field in the Northwesterly comer of Strawberry Fields Fairgrounds in Mattituck. Definite specifications may be obtained at the Southold Town Clerk's Office beginning Mayl7, 2005 PLACE OF OPENING: DATE OF OPENING: TIME OF OPENING: Town Of Southold Town Clerks Office 53095 Main Road Southold, Ny 11971 June 2, 2005 10:00 Pm CONTACT PERSON: Jamie Richter Southold Town Engineer, 631-765-1560 VENDORS MUST SUBMIT BID IN SEALED ENVELOPE WITH BID BOND Please print on the face of envelope: 1) NAME & ADDRESS OF BIDDER 2) BID NAME SEALED BID DOC[IMENT MUST BE ACCOMPANIED BY A 5 % BID SECURITY It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it'be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. A non-refundable fee of $25.00 will be charged for plans and specifications. Payment can be made by either money order, check (payable to the Town of Southold with Phone # written on check), or cash. A Bidder may not withdraw his bid within forty-five (45) days after the opening of the bids, but may withdraw his Bid at any time prior to the scheduled time for the opening of bids. The Town reserves the right to reject any or all bids and to waive informalities, should this action be in the best interest of the Town of Southold. The Town of Southold welcomes and encourages minority and women-owned businesses to participate inee bidding process. Dated: March 15, 2005 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MARCH 24, 2005, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following2' The Traveler Watchman Dodge Reports Town Clerk's Bulletin Board Town Board Members Brown's Letters Town Attorney Burrelle's Info. Services Jim McMahon Jamie Richter STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the I ~ day of ~ iq~-/ ,2005 she affixed a notice of which the mmexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. Legal Notice -Notice to Bidders - Bid opening June2, 2005 10:00 am Elizabeth A. Nevi~e~ Southold Town Clerk Sworn to before me t]his ~ day of N~otary Public ,2005. LYNDA M. BOHN NOTARY PIJiBLIC, State of New York No. 01 BO6020932 Qualified in Suffolk County Term Expires March 8, 20 ~ I3/05 '05 FRI 10:04 FAX 631 765 6145 SOUTIIOLD TOWN CLERK ~]001 TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR *** MULTI TX/RX REPORT 1450 [* 50192:449576 [* 511918005243329 [* 52]918882329941 [* 53]918002562984 [$ 54]918009620544 Burrelle's Info Data Construct Dodge Reports Construct Info ELIZABETH A. NEVILLE TOWN CLERK klEGISTRAR OF VITAL STATISTICS M2kRRLiGE OFFICER RECORDS MANAGEMENT OFFICER FREkJDOM OF INFOPa'vIATION OFFICER OFFICE OF Tlq]q, TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Mam Road P.O, Box 1179 Southold, New York 11971 Fax (63~,) 765-6145 Telephone (631) 765-1800 southoldtown.northfor k.net TO: FROM: DATE: RE: FAX TRANSMITTAL CONSTRUCTION INFO - 800 962~0544 DODGE REPORTS 293-5456 BROWN'S LETTERS 244-9576 BURRELLE'S INFO - 800 $24-3329 DATA CONSTRUCTION 888 232-9941 BETTY NEVILLE, Southold Town Clerk Tele. 631 765-1800; fax 765-6145 May 13, 2005 "BIDS" ADVERTISEMENT/PUBLICATION Number of Pages (including cover): If total transmittal is not received, please call 631 765-1800. COMMENTS: Strawberry Fields Please acknowledge receipt of this information by signing below and returning a faxed copy to me at 631 765-6145, attention: Betty Neville. Thank you. Received by Date 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 FAX TRANSMITTAL CONSTRUCTION INFO - 800 962-0544 DODGE REPORTS 293-5456 BROWN'S LETTERS 244-9576 BURRELLE'S INFO - 800 524-3329 TO: DATA CONSTRUCTION 888 232-9941 FROM: BETTY NEVILLE, Southold Town Clerk Tele. 631 765-1800; fax 765-6145 DATE: May 13, 2005 RE: "BIDS" ADVERTISEMENT/PUBLICATION Number of Pages (including cover): -~ If total transmittal is not received, please call 631 765-1800. COMMENTS: Strawberry Fields Please acknowledge receipt of this information by signing below and returning a faxed copy to me at 631 765-6145, attention: Betty Neville. Thank you. Received by Date 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 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON April 12, 2005: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the reconstruction and restoration of the Strawberry Fields Northwest Corner Sports Fields, all in accordance with specifications provided and prepared by the Town Engineer. Elizabeth A. Neville Southold Town Clerk