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HomeMy WebLinkAboutSeeding Sports Playing Field 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID ON GRUBBING, GRADING & SEEDING OF SPORTS PLAYING FIELD BID OPENING: 10:00 AM, THUSDAY, MAY 18, 2000 TWO (2) BIDS WERE RECEIVED: 1. J.C. Quinn Inc., Calverton, New York $13,750.00 2. Gatz Landscaping Inc., P.O. Box 45, Mattimck, NY 11952 $15,800.00 INVITATION TO BIDDERS: GRUBBING GRAD ING & SEEDING OF A SPORTS PLAYING FIELD Peconic Lane Park Peconic Lane Peconic, New York 11958 DATE: APRIL 17. 2000 ~~]f PTI~%[ SOUT.O,O Tow. /I-~ II JJl ENGINEERING DEPARTMENT J [ j.'LI [ .~'1So~.ho,d Vow..a,,. So.ho,d. INVITATION TO BID PROJECT: Seeding of a (200' x 600') Sports Playing Field - Peconic Lane Park Peconic Lane, Peconic, New York 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for theseeding of a sports playing field @ Peconic Lane Park, Peconic Lane, Peconic, New York 11958, in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York 11971. The proposal form will consist of individual construction items of work specified and detailed in the contract documents. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 M~in Road, Southold, New York 11971, until ./O AM, Thursday,/~//f~ /~c... ,2000. All specifications are provided herein: drawings to be attached. A fee of ten dollars ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Secudty 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. BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Seeding of Playing Field A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unles~'~,mpanied by a guaranty in the form of a bid bond or certified check in the amount ~f the total bid, 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 judgement, 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. Seeding of Playing Field B-1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E AWARD OF CONTRACT Award of contract will be made as soon as practical, a contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated Sum)". 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. 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 interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. Seeding of Playing Field B-2 I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract 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. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than thirty (30) working days. Seeding of Playing Field B-3 INDEX TO SPECIFICATIONS: BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Specifications Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification AIA Bid Bond Offer of Surety GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions General Release Prevailing Wage Rates Non-Discrimination Clause Compliance with the Labor Law & Other Dept. of Labor Regulations DIVISION ONE - GENERAL REQUIREMENTS Summary of Work Construction Facilities & Temporary Controls Substitutions DIVISION TWO - SITE WORK Site Preparation Site Grading & Seeding A - 1 through A - 1 B- I through B- 3 C- 1 through C- 1 D- 1 through D- 1 E- 1 through E- 1 F- I through F- 1 AIA Document # A310 G ~ 1 through G- 1 AIA Document # A201 H- 1 through H-2 K- 1 through K- 1 L - 1 through L - xx M - 1 through M - 2 N - 1 through N -8 1010- 1 through 1010- 1 1500- 1 through 1500 o 1 1600- 1 through 1600- 2 2100- 1 through 2100- 1 2800 - 1 through 2200 - 2 ~ INDEX TO DRAWINGS: SP - ! S['FF. PLAN (SEE ATTACHED) Seeding of Playing Field C-1 PROPOSAL FORM NAME OF BIDDER: .),C. ~),~IN~ '-J~NC. TO: $OIJTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 11971 DATE: 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: APRIL 17, 2000, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgment of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: SEEDING OF (200' x 600') SPORTS PLAYING FIELD - Peconic Lane Park PECONIC LANE, PECONIC, NEW YORK 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, RA., Southold Town Engineering Department1 Southold Town Hall, 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: This item will include all of the work required for the clearing, grubbing, grading and seeding of the sports field as outlined in the plans and specifications; and any other reasonably inferred Items required to complete the items referenced herein and all in accordance with the Contract Documents. The above referenced activities will be completed for the stipulated "lump sum" of: (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required 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 of Bidder~~.-----~ Telephony Number: Date: Business Address: Seeding of Playing Field D-1 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or 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 affirmec~ by such bidder as true under the penalties of perjury; non-collusive bidding certification. By submission of this bid, each bidder and each pemon signing on behalf of any bidder certifies, and in the case of a joint bid, each 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 ether 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. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that ..JC>Y¢/¢ ~). ~,,~'~,/ of .U, (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Seeding of a (200' x 600') Sports Playing Field - Peconic Lane Park PeconicLane, Peconic, NewYork 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- 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 J.~__.. (~CC/#x/ 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. 103-d, as amended effective September 1, 1965 ture) Seeding of Playing Field E-1 T F THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document ,43'10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, as Principal, hereinafter called the Principal, and that we a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, if the Obligee shall accept the bid of the Ptim:ipal and the Principal shall enter into a Contract with the Oblilee in accordance with the terms of such bid, and 8ire such bo~d or bonds as may be specified in the biddin8 or Contract Documents with 8ood and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and nl~lerlal furnished in the prosecution thereof, or in the .event of the failure of the Principal to enter such Conuact and 81ye such bond or bonds, If the Principal shall pay to the Oblls~e the difference not to exceed the penalty hereof between the amount specified in said bid and such larser amount for which the Obllsee'may in 8ood faith contract with another pa~l, to pedorm the Work covered by said bid, then this oblisalton shall be null and void, othe~vise to remain in full force and effect. SiBned and sealed this day of 19 fl/Wtness) (WI(ness) (Principal) (Ti(le) ($ure~y) (Ti(lc) (Sea/) (Seal) AaA DOCUMENT A,IIB · BIO BONO · AIA O * FEBRUARY 1~70 El) · THE AMERICAN OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided, Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Seeding of Playing Field G-1 PROPOSALFORM NAME OF BIDDER: DATE: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 1'1971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals am 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: APRIL 17, 2000, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgment of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: SEEDING OF (200' x 600') SPORTS PLAYING FIELD - Peconic Lane Park PECONIC LANE, PECONIC, NEW YORK 1'1958 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, Southold, New York 11971, and shall comply with alt 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: This item will include all of the work required for the clearing, grubbing, grading and seeding of the sports field as outlined in the plans and specifications; and any other reasonably Inferred items required to complete the items referenced herein and all in accordance with the Contract Documents. The above referenced activities will be completed for the stipulated "lump sum" of: (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required 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 period, Signature .~ Business of Bidder: IlaJd ~J~i'~ Address: Telephone Number: ~'~1' ,~1.t$11 Date: (/ l~/ J' Seeding of Playing Field D-1 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-.d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore distdct 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. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce, any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that l,)l~i~d~ of ba.~l~t~&~llll~ (Name) (Name of CorpbratiSn) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Seeding of a (200' x 600') Sports Playing Field - Peconic Lane Park PeconicLane, Peconic, NewYork 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) laws of New York, '1965 Ch. 751, Sec. '10:~-d, as amended effective September 1, 1965 Seeding of Playing Field E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Certifies that: 1. (,Bidder) I intend to use the following listed construction trades in the work under the contract_ ; and, as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, I will obtain from each of my subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by t~se Bid Conditions. (Signature of AuthCed Representative of Bidder) Seeding of Playing Field F-1 C3 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Documenl A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, if the ObliRee shall accept the bid of the P'dnctpal and the Principal shall enter into a Contract wis the ObllBee In accon:lance with the terms of such bid, and 8ire such bond or bonds ~s may be specified in the biddin$ or ContrKt Documents with Rood and sufficient surety for the faithful pedormance of such Contract and for the prompt p;~yment of labor and matedal furnished in the prosecution thereof, or in the .event of the failure of the Principal to enter such Contract and Siva such bond or bonds, if the Principal shall pay to the Obli$~e the diffe~eetce not to e~ceed the penal~y hereof between the amount specified in said bkl and such larset amount for which the Obli~ee'may in ~x)d faith contract with another party to pedorm the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 ~A'itness) (~/ilness) IPrincipalJ (Title) (Sure~y) (Title) (Seal) (Seal) OFFER OF SURETY (To be cornpleted by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: INTERNATIONAL FIDELITY INSURANCE COMPANY SURETY COMPANY Signed: CERTIFICATE OF SURETY to be signed bye du!y authorized official, agent or attorney of the Surety Cornl~any. In the event that the above Proposal is a~cepted and the .contract for th~ work is awarded to said GATZ LANDSCAPING. INC. the INTERN.ATIONAL FIDELITY INSURANCE COMPANY (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein.before provided. Authorized Official, Au...~v,.-~uu x Ronald E. Fogliani Attorney-in-fact Date: May 18th, 2000 IMPOETANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Seeding Of Playing Field G-1 Acknowl lgment of Corporation Croupy of ) fids d~y *Jif' L~lbr¢ n~ by m'~ ~ tl~ Bo~'d or" t~ ol'~m~d ~x~lxmst~o~ a~d Ih~ i~ dKmxl his nm'nc U~.*rcto hy Acknowledgment of Surety State of New York ~.: County of Rockland Onll~is 18th day of May 2000 b~'ora mc pamom.lly mm~ Ronald E. Fogliani to ~ ~ ~ ~ by ~ ~ly ~ ~d ~ ~ ~m A~orney-in-fact of INTE~ATIONAL FIDELITY INSU~NCE COMPA~ ~ ~ ~ ~ ~ ~ ~-~ ~ ~ ~ ~ ~ ~o~ ~ ~ ~1 or.id QUAUFIED Iff WF..STCHESTER COUNTY COMMISSION EXPIRES JAN. 26, 20~_ INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER, 20m FLOOR, NEWARK, NEW JERSEY 07102-5207 STATEMENT OF ASSETS, LIABILI'I'IES, SURPLUS AND OTHER FUNDS AT DECEMBER 31, 1999 ASSETS Bonds (Amortized Value) ................................... $27,182,319 Preferred Stocks ......................................... 2,138,764 Common Stocks (Market Value) ............................... 8,700,~24 Mortgage Loans on Real Estate ............................... 1,533,228 Real Estate ............................................ 132,000 Cash & Bauk Deposits ..................................... 7,034,454 Short Term Iuvestments .................................... 1,014,885 Unpaid Premiums & Assumed Balances .......................... 1,551,342 Reinsurance Recoverable on Loss Payments ....................... 1,59d,544 Federal Income Tax Recoverable & lmerest ...................... 1,636,229 EleeRouic Data Processing Equipment ........................... 383,516 Interest & Dividends Due and Acia~ed .......................... 721,709 Funds Held in Escrow Accounts ............................... 31,149,530 Collateral Funds Held Under Contract ........................... (31,149,530) Contract Balancee Due and Uupaid ............................. 4,858,351 Other As~ts ............................................ 106,448 TOTAL ASSETS ................................ 58.590,713 LIABILgl3E$. SURPLUS & ~R FUNDS Losses (Reported Lost, es Net as to Reinsurance Ceded and Incurred But Not Reported Lo~es) ............................ Loss Adjnstmem Exponses ................................... Contingent Commissions & O~er Similar Charges .................. Other Expenses (Excluding Taxes, Lkenses and Fees) ................ Taxes, Licenses & Fees (Excluding Federal Income Tax) .............. Unearned Premiums ...................................... Funds Held by Company Under l~insurancc Treaties ................ Amounts Withheld by Company for Account of Others ............... Liability for Unauthorized Rein..qlra.uce .......................... O~her Liabilities T'(~I~'I~'~I~ i i i ....................... Common Capital Stock ..................................... Gross Paid-in & Cou~thuted Surplus ............................ Unassigned Funds (Surplus) .................................. Surplus es Regards Policyholders .................. TOTAL LIABILITIES, SURPLUS & OTHER FUNDS ... $ 8,473,836 3,284,837 (1,217,166) 153,42,4 197,019 8,082,326 279,376 352,615 4,628 811 m,0~1.7o9 $!,SO0,OO0 374,600 37.104.404 38.979,004 58.590,713 1, Francis L. Mitterhoff, President of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets, Liabilities, Surplus and Other Funds of this Company, at the close of bnsiness, Deeemher 31, 1999, as reflected by its books and records and es reported in its statement on file with the Insurance Department of the State of New lersey. IN TEgI~MONY WHEREOF, I have set my hand and affixed the seal of thc Company, tiffs 23'a day of February, 2000. INTERNATIONAL FIDELITY INSURANCE COMPANY Tel (973) 624-7200 POWER OF ATTORNEY H3S548 INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE H'~'WARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALLMENHYTHE~EPRE~ENI~: 'I'natilNTERNATIONALIqDELITYIN~L~ANCHCOMPANY, acmpo~afiouorganlzedandexishng laws of the Stat~ of New Je~y, and having its p~ncipal ~ in the C~y o~' N~wark, New }'et'sey, doe~ hereby eona~u~ and appoim RONALD E. FO~LIANI, JAMES ~.. SMITE, C. L. SMITE ·rATE OF NEW JERSEY INTERNATIONAL FIDELITY .~. NCg COI~_ A NOTARY PUBLIC OF N~W JHRSEY CERTIFICATION My Commi~iaa Knpi~s Nov. 21, 2000 I, th~ uml~migu~d a~l'acer ~ IIh~FERNATIONAL FIDELITY IMS~.YRANCE COMPANY do hamby ce~fy tim I hav~ com~ the for~g0ing c~PY ~ the [N TESTIMONY WHl]l~EOF, lhavel~reuatosetmyhamtilds 18th aayof May 2000 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Ha]l, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID ON GRUBBING, GRADING & SEEDING OF SPORTS PLAYING FIELD BID OPENING: 10:00 AM, THUSDAY, MAY 18, 2000 TWO (2) BIDS WERE RECEIVED: 1. J.C. Quinn Inc., Calverton, New York $13,750.00 2. Gatz Landscaping Inc., P.O. Box 45, Mattituck, NY 11952 $15,800.00 INVITATION TO BIDDERS: GRUBBING GRAD ING & SEEDING OF A SPORTS PLAYING FIELD Peconic Lane Park Peconic Lane Peconic, New York 11958 DATE: APRIL 17, 2000 SOUTHOLD TOWN ENGINEERING DEPARTMENT Southold Town Hall, Southold, New York INVITATION TO BID PROJECT: Seeding of a (200' x 600') Sports Playing Field - Peconic Lane Park Peconic Lane, Peconic, New York 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for theseeding of a sports playing field @ Peconic Lane Park, Peconic Lane, Peconic, New York 11958, in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York 11971. The proposal form will consist of individual construction items of work specified and detailed in the contract documents. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until /O AM, Thursday,/¢~//~ /oc~ ,2000. All specifications are provided herein: drawings to be attached. A fee often dollars ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Seeding of Playing Field A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unles~'b~,mpanied by a guaranty in the form of a bid bond or certified check in the amount ~f the total bid, 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 judgement, 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 meaning1 he should at once notify the Architect who may issue a written instruction to all bidders. Seeding of Playing Field B-1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical, a contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated Sum)". 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. 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 interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. Seeding of Playing Field B-2 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. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than thirty (30) working days. Seeding of Playing Field B-3 INDEX TO SPECIFICATIONS: BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders index to Specifications Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification AIA Bid Bond Offer of Surety GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions General Release Prevaiting Wage Rates Non-Discrimination Clause Compliance with the Labor Law & Other Dept. of Labor Regulations DIVISION ONE - GENERAL REQUIREMENTS Summary of Work Construction Facilities & Temporary Controls Substitutions DIVISION TWO - SITE WORK Site Preparation Site Grading & Seeding A - 1 through A - 1 B- 1 through B- 3 C- 1 through C - 1 D- 1 through D- 1 E - 1 through E - 1 F- 1 through F - 1 AIA Document # A310 G - 1 through G - 1 AIA Document # A201 H - 1 through H - 2 K- 1 through K- 1 L - 1 through L - xx M - 1 through M - 2 N - 1 through N -8 1010- 1 through 1010- 1 1500 - 1 through 1500 - 1 1600 - 1 through 1600 - 2 2100- 1 through 2100- 1 2800 - 1 through 2200 - 2 ~ INDEX TO DRAWINGS: SP - ! S[T£ p]~Ajq (SEE ATTACHED) Seeding of Playing Field C-1 PROPOSALFORM NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 DATE: 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 ail 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: APRIL 17, 2000, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgment of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: SEEDING OF (200' x 600') SPORTS PLAYING FIELD - Peconic Lane Park PECONIC LANE, PECONIC, NEW YORK 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, RA., Southold Town Engineering Department, Southold Town Hall, 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: This item will include ail of the work required for the clearing, grubbing, grading and seeding of the sports field as outlined in the plans and specifications; and any other reasonably inferred items required to complete the items referenced herein and all in accordance with the Contract Documents. The above referenced activities will be completed for the stipulated "lump sum" of: (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required 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 fody-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time Number: Date: f~,4 ,/ /1, Business Address: Seeding of Playing Field D-1 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) in accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or 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 affim)ed, by such bidder as true under the penalties of perjury; non-collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening1 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. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that ..Jo.t¢I¢ (Name) (N~me of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Seeding of a (200' x 600') Sports Playing Field - Peconic Lane Park PeconicLane, Peconic, NewYork 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- 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 J.C. (~cl,',~.,[/ corporation at a meeting of the Board of Directors, held on the / '7 '~ day of (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965 ture) Seeding of Playing Field E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Certifies that: 1. (Bidder) I intend to use the following listed construction trades in the work under the contract_ ; and, as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of c.oversge of that Plan, those trades being: ; and/or, as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, I will obtain from each of my subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certificatio,~ by these Bid Conditions. (Sign~,u~'~ of ,~uthorized R~presentative of Bidder) Seeding of Playing Field F-1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for HOW, THEREFORE, if the Oblige~ shall accept the bid ol the I~i~cipal and the Principal shall enter into · Contract w~th the Oblige~ in accordance with the terms of such bid, and ~ s~ ~d or ~s ~ ~y be s~cifi~ in l~ bidding or ~tra~ ~men~ ~th ~ and su~cient wm~ for the fai~iul ~o~ance ol su~ Contra~ a~ for ~e prompt ~ent of ~r and material fumts~ in the p~ution ~e~L ~ in t~ ~l of the failu~ of t~ PH~pal to enter su~ ~ntra~ a~ ~ s~ ~nd or ~s, If the P~n~pal ~all ~y to ~ Oblig~ the diffe~ ~t to ~ I~ ~nal~ he~f ~ ~e a~unt ~ifl~ in ~id bid a~ su~ ~rger a~unt for ~lch the O~i~'may In ~ faith cont~a~ ~ a~ther ~'to ~do~ the Work c~ ~ ~id bid, then ~is ~li~flon shall ~ null a~ ~id, ot~i~ lo remain In full fore ~ eff~ Signed and sealed this day of 19 (~4/itness) ~l&'imess; (Principal) (Title) (Surety) (Title) (Seal) (Seal) AIA DOCUMEh'T A.115 · BID BONO · AIA ~ · FEBRUARY 1~70 ED · THE A.~ERICAN If4STITUTE Of AR(~IITECT$0 1735 N.Y. A~, N.W.0 WASI-~INGTON° O.C. ~006 OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BED BOND, OR BID MAY BE REJECTED. Seeding of Playing Field G-1 PROPOSALFORM NAME OF BIDDER: ,~OJ~. ~l,,~.~g&pi~l.~ ~,,f.. DATE: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 1`1971 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: APRIL 17, 2000, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgment of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: SEEDING OF (200' x 600') SPORTS PLAYING FIELD - Peconic Lane Park PECONIC LANE, PECONIC, NEW YORK 1'1958 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, 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: This item will include all of the work required for the clearing, grubbing, grading and seeding of the sports field as outlined in the plans and specifications; and any other reasonably inferred items required to complete the items referenced herein and all in accordance with the Contract Documents. The above referenced activities will be completed for the stipulated "lump sum" of: (written in words) (written in numbem) 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 period, Signature .~ Business of Bidder: I~ ,l~i'~ Address: Telephone Seeding of Playing Field D-1 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore distdct 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. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce, any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that '~tl~l~ ,~0U~ of ,~)aJ~. ~a.~J,(l,&~;~ I~,l~. (Name) (Name of Corpbrat~n) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Seeding of a (200' x 600') Sports Playing Field - Peconic Lane Park PeconicLane, Peconic, NewYork 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103--d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. t05-d, as amended effective September 1, t965 Seeding of Playing Field E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Cert!f.[cations: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (~idder) Certifies that: 1. I intend to use the following listed construction trades in the work under the contract_ ;and, as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, I will obtain from each of my subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by th~se Bid Conditions· (Signature of Authored Representative of Bidder) Seeding of Playing Field F-1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, as Principal, hereinafter called the Principal, and that we a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Now, THEREFORE, if the Obligee shall accept the bid o! the Principal and the Principal shall enter into a Contract with the Obllgee In accordance with the terms of such bid, and give such bond or bonds as may be specified in the blddln8 or Contract Oocumeou with 8ood and sufficient surety for the faithful performance ol such Contract and for the prompt p~yment of labor and material fumishecl in the prosecution thereof, or in the .event of the failure of the Prindpal to enter such Contract and $1Ye such bond or bonds, If the Principal shall pay to the Oblig~e the diffe~mce not to exceed the penalq, hereof between the amount specified in said bid and such larger amount for which the ObliEee~may in good faith contract with another pa/ly to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain In full force and effect. Signed and sealed this day of 19 (Principal) tTi(le) (Seal) (1R/itness) (5ure~y) (Tille) (Seal) AIA DOCUMENT A,TIB · BIO BONO · AIA O · FEBRUARY 1970 ED · THE AMERICAN OFFER OF BURETY (To be completed by Each Bidder) in the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: INTERNATIONAL FIDELITY INSURANCE COMPANY SURETY COMPANY Signed: CERTIFICATE OF SURETY to be signed by a du!y authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is a~cepted and the .contract fo, r th~ work is awarded to said GATZ LANDSCAPING, INC. the INTERNATIONAL FIDELITY INSURANCE COMPANY (Bidder's Name) (Surety Company) will execute the Burety Bonds as herein-before provided. S'rgned: I Autho~zed Official, Ageht or Attorney Ronald E. Fogliani Attorney-in-fact Date: May 18th, 2000 IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Seeding Of Playing Field G-1 Acknowledgment of Corporation Acknowledgment of Surety Slxt~ of New York ) s~.: Coumy of Rockland ) Oathis 18th day of May 2000 b~'or~ n~ igrr, onalty Ronald E. Fogliani to m,: known, who. bdn~ by m~ daly awm-n, did &:po~ and mylhatb¢~ J~ m Attorney-in-fact of INTERNATIONAL FIDELITY INSURANCE COMPANY th= ecxlxa~iaa INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER, 20ra FLOOR, NEWARK, NEW JERSEY 07102-5207 STATEMENT OF ASSETS, LIABILITIt~S, SURPLUS AND OTHER FUNDS AT DECEMBER 31, 1999 ~S~S Bonds (Amortized Value) ................................... $27,182,319 · Preferred Stocks ......................................... 2,138,764 Common Stocks (Market Value) ............................... 8,700,924 Mortgage Loans on Real Estate ............................... 1,533,228 Real Estate ............................................ 132,000 Cash & Bank Deposits ..................................... 7,034,454 Sho~ Term Investments .................................... 1,014,885 Unpaid P~miutm & As.mined Balances .......................... 1,551,342 Rcimunmce Recoverable on Lo~ Payments ....................... 1,596,544 Fedentl Income Tax Recoverable & Interest ...................... 1,636,229 Electronic Data Processing Equipment ........................... 383,516 Interest & Dividendz Due and Acc. n~M .......................... 721,709 Funds Held in Escrow Accounts ............................... 31,149,530 Collateral Funds Held Under Contract ........................... 0 1,149,530) Contract Balances Due and Unl~aid ............................. 4,858,351 Other Assets ............................................ 106.448 TOTAL ASSETS ................................ 58.590.713 LIABRJTIES. SURPLUS & OTHER FUNDS Losses (Reported Lor~es Net as to Reinsurance Ceded and Incurred But Not Reported Loases) ............................ $ 8,473,836 Loss Adjustment Expomes ................................... 3,284,837 Contingent Commi.~ion$ & Other Similar Charges .................. (1,217,166) Other Expenses {'Excluding Taxes, Lieemes alld F~) ................ 153,424 Taxes, Licenses & Fees (Excluding F~eral Income Tax) .............. 197,019 Unearned Premiums ...................................... 8,082,326 Fund~ Held by Company Under R~iesuraace Treaties ................ 279,376 Amounu Wiinheld by Company for Account of Others ................ 352,615 Liability for Unauthorized Relnsm .......................... 4,698 Other Liabilities ......................................... 811 TOTAL LIABILI'I'ti~q .......................... 19.611.709 Common Capital Stuck ..................................... $L500,000 Gross Paid-in & Con~ibuted Surplus ............................ 374,600 Unassigned Funds (Surplus) .................................. 37.104.404 Sarplns as Regards Policyholder~ .................. 38.979.004 TOTAL LIABH..ITIES, SURPLUS & OTHER FUNDS ... 58.590.713 I, Francis L. Mitterhoff, Presiden~ of INIERNATIONAL EIDELITY INSURANCE COMPANY, certify that the fi~regoing is a fair statement of Assets, Liabilities, Surplus and Other Funds of this Company, at the close of Imsiness, Descmber 31, I~Dg, as reflected by its books and records and as reported in its stamment on file with the ~nsuranee Department of the State of New ~ersey. IN TESTIMONY WI-I~I~EOF, I have act my hand and affixed the seal of the Company, thi$ 23'~ day of Febnsary, 2000. INTERNATIONAL FIDELITY INSURANCE COMPANY POWER OF ATTORNEY ~s~ INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK. NEW JERSEY 07102.5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY las c~usod this i~zstmn~nt m b~ sigaed ami its ~o~pome ~e~l to b~ ~r~d by ~ m~afized olracer, thla 3 ltx dW n( A~,mt, A.D. 1998. said Company. A NOTARy P~IBLIC OF ~ Jl~RSEY CERTIFICATION My C~nnmlsaioa F~ Nov. 21, 2000 I, the undersigned o~icm' ~' i]qTERNATtONA~ F[D~"[~ II~'URA~C~ COMPANY do I~nd~y eet~fy that I ~ ~ ~ f~{o~ ~ ~ ~ tN TESTIMONY WHEREOF, lhavehet~losetmyhaadthb 18th dayo~ May 2000 LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all labor, materials and equipment as required for the Seeding of a 200 ft. x 600 ft. Sports Playing Field at Peconlc Lane Park, Peconic Lane, Peconlc, New York, all in accordance with specifications prepared by James A. Richter, R.A. Specifications may be obtained at the Office of the Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York, upon payment of a $10.00 non-refundable fee. The sealed bids, together with Non-Collusive Bid Certificate will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, Southold, N.Y., until 10:00 A.M., Thursday, May 18, 2000, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any and all informalities in any bid and retain bids for [[5 days from the date of receipt should it be deemed in the best interest of the Town of Southold to do so. The contractor may not withdraw his bid during this period. Performance and payment bonds in the amount of 100% of the contract price will be required of the successful bidder. All bids must be signed and sealed in envelopes plainly marked "Bid on Seeding of Sports Playing Field - Peconic Lane Park", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state or local, from which the Town of Southold is exempt. 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. Dated: April 11,, 2000. BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MAY I~. 2000 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, PO BOX,II79, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Engineering Inspector Richter Dodge Reports Brown's Letter Burrelle~s Information Services Constructloh Information Data Construction Town Clerk,s Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of $outhold, New York being duly sworn, says that on the 1st day of MaY 20~0 she affixed a notice of which the annexed printed notice is a true 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 - Furnishing all labor, materials, and equipment,;for the Seeding of a 200ft. x 600 ft. Sports Playing Field at Peconic Lane Park, Peconic, N.Y. Thursday, May 18, 2000. Bid Opening Date: 10:00 A.M., Southold Town Clerk Sworn to before me this 1st __.day of May , 200E. JOYCE M. WILKINS Notary Public, State of New York No. 4952246, Suffolk County Term Expiros June 12, INVITATION TO BIDDERS: GRUBBING GRAD ING & SEEDING OF A SPORTS PLAYING FIELD Peconic Lane Park Peconic Lane Peconic, New York 11958 DATE: APRIL 17, 2000 sou,.o, ,ow. ENGINEERING DEPARTMENT $outhold Town Hall, Southold, New York r INVITATION TO BID PROJECT: Seeding of a (200' x 600') Sports Playing Field - Peconic Lane Park Peconic Lane, Peconic, New York 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for theseeding of a sports playing field @ Peconic Lane Park, Peconic Lane, Peconic, New York 11958, in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York 11971. The proposal form will consist of individual construction items of work specified and detailed in the contract documents. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until ,/o AM, Thursday, ~,/I ~. ,2000. All specifications are provided herein: drawings to be attached. A fee often dollars ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 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 Seeding of Playing Field A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed:-to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and sh~ll be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, 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 judgement, 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. Seeding of Playing Field B-1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E AWARD OF CONTRACT Award of contract will be made as soon as practical, a contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated Sum)". 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. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the bpening 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 interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. Seeding of Playing Field 1. 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. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than thirty (30) working days. Seeding of Playing Field B-3 INDEX TO SPECIFICATIONS: BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Specifications Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification AIA Bid Bond Offer of Surety GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions General Release Prevailing Wage Rates Non-Discrimination Clause Compliance with the Labor Law & Other Dept. of Labor Regulations DIVISION ONE - GENERAL REQUIREMENTS Summary of Work Construction Facilities & Temporary Controls Substitutions DIVISION TWO - SITE WORK Site Preparation Site Grading & Seeding A- 1 through A- 1 B - I through B- 3 C- 1 through C- 1 D- 1 through D- 1 E-lthroughE-1 F-lthroughF-1 AIA Document # A310 G- 1 through G - 1 AIA Document # A2.01 H - 1 through H - 2 K- 1 through K- 1 L - 1 through L - xx M - 1 through M - 2 N - 1 through N -8 1010-1through 1010-1 1500-1through 1500-1 1600-1through 1600-2 2100- 1 through 2100- 1 2800 - 1 through 2200 - 2 INDEX TO DRAWINGS: SP - ! S["F£ ?LAN (SEE ATTACHED) Seeding of Playing Field C-1 'PROPOSAL FORM NAME OF BIDDER: DATE: 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: APRIL 17, 2000, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgment of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: SEEDING OF (200' x 600') SPORTS PLAYING FIELD - Peconic Lane Park PECONIC LANE, PECONIC, NEW YORK 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 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: This item will include all of the work required for the clearing, grubbing, grading and seeding of the sports field as outlined in the plans and specifications; and any other reasonably inferred items required to complete the items referenced herein and all in accordance with the Contract Documents. The above referenced activities will be completed for the stipulated "lump sum" of: (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forbj-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature Business of Bidder: Address: Telephone Number: Date: Seeding of Playing Field D-1 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or 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. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that of (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Seeding of a (200' x 600') Sports Playing Field - Peconic Lane Park PeconicLane, Peconic, NewYork 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- 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 ,19 __ (SEAL OF THE CORPORATION) Laws of New York, '1965 Ch. 751, Sec. '103-d, as amended effective September 1, 1965 (Signature) Seeding of Playing Field E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the folIowing certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: 1. I intend to use the following listed construction trades in the work under the contract_ ; and, as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part I of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, I will obtain from each of my subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) Seeding of Playing Field F-1 ' " THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, if the Obllgee shall accept the bid of the Ptincipal and the Principal shall enter into · Contract with the Oblisee 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 8ood 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 ~went of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligt;e the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee'may in 8ood faith contract with another party to perform the Work covered by said bid, then this obligation shall he null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Wi(ness) (Principal) (Title) (Seal) (~Vitness) (Surety) (Tille) (Seal) IdA DOCUMENT A31B ° BID BONO · AIA O · FEBRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AV~., N.W., WASHINGTON, O.C. 2000~ OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Seeding of Playing Field G-1 ~H E ~ ^ M E R I C A N I N N T i T ~ 'I E 0 F A R (: Il I T E C T S AL4 l)oc~imenl A201 General Conditions of the Contract for Construction Tills DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES,. CONSULTA 77()N WITH AN ATTORNEY IS ENC( IURAGED WITft RESPECT TO ll~5 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 1 1.INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the A&sociatcd General Contractors of America, Copyright 191 I, 1915, 1918, 1925, 1957, 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 of ils provisions without written permission of the AIA violates the copyright haws of the United States and will be sub}oct to legal prosecutions ~1 CAUTION: You should use an original AIA document which has this caution printed in red. An original auures that changes will not be obscured as may occur when document~ are reproduced. AIAe · ~ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.'*%', *~ASHINGTON, D.C 2()O0~ ~.01-1987 INDEX Acceptance of Nonconforming Work ,~t~ 6, 99:L 12.3 Access to Work 3.16, o2 I, 12 I ADMINISTRATION OF THE CONTRACT 333.4, 9~. 95 Allowances 3.8 Applications for Payment 425, 737, 92, 9,3, 94, 9.5 I, 9.6.3, Architect 4.1 312.11, 4t 2,421,42.2,423,42b, 427,4.210,4212, 4.2.13, 4.3.2, 5.2.1, 7.4, 9.4.2, 9.64, 966 Architect's Administration of the Contract ..... 4.2,436, 437, 4.4, 9.4, 95 Archilect's Copyright 13 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 Instructions.. 42.6,4.2.7,4.2.8,4.3.7,7.4.1,12.1,13.5.2 Architect's Interpretations ........ 4.2.11,4.2.12,43.7 Architect's On-Site Observations 4.2.2, 42.5, 4.3.6, 9.4.2, Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic DeEnltlons ........................... 1.1 Boiler and Machinery Inaurance ............... 11.3.2 Bonds, per form~cc and Payment ..... 7.3.6.4, 9.]0.3, 1 ].3.9, Building Permit 371 Capitalization 1.4 Certificates for Payment ~ 2 q, ~ 2 % 933.9.4, ,) 5, 9<, 1 Change Orders, I)cfinition of 721 Changea ?.1 CHANGES INTNE WORK 3 i 1,428, ?, 831,9311, 1013 Clalma and Dlaputaa 4.3, 4.4, ,t.5, 625, 85.2, 9.312, 933, 9.10.4, 1014 Olalma end llmely A~ertlon of Clalma 4.8.6 Clalma for Additional Tlma 436, 4.3.8, 4.39,832 Clalma for Concealed or Unknown Conditiona 4.8.$ Claims for Damages.. 3.18, 439, 6.1.1,62.5,832,9512,10.1.,i Claims Subject to Arbitration 442,444, 451 Claanlnfl Up 3.'13, 65 Commancement of Statuto~ Limlt~tion Parlod 13.? Commencement of the Work, Conditions Relating to 212, 221, 321, 3.2.2, 371,3101,3126, 437, 521, Commencement of the Work, Definition of 812 Administration 3.9.1,4.2.4, 5.21 Completion, Conditions Relating to .... 3.11,315,422,42.9, COMPLETION, PAYMENTS AND 9 Completion, Substantial 429,4.352,81.1,813,823, 98,9.91, 1222, 137 Compliance with Laws 13,3.O, 3.7,313,411,102.2,111, Concealed or Unknown Conditions 4.36 ConditionsoftheContract ......... I IA, 1.1.7,6.11 Consent, Written ................ 1.3.1,3.12.8,3.14.2,4.1.2, CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS .................... 1.1.4, 6 Const ruction Change Directive, Definition o f ........ 7.3.1 Construction Change Directives I 1.1,428, 71,7.3, 9311 Const ruction Schedules, Contractor's 310,6.13 Contingent Assignment of Subcontracts 5.4 Continuing Contract Performance 4.3.4 CONTRACT, TERMINATION OR SUSPENSIONOFTHE .1.5.7,5411,14 Contract Administration 333, 4, 94, 95 Contract Documents, The 1.1, 1.2, 7 Contract Documents, Copies Furnished and Use of. I 3, 225, 53 Contract Performance During Arbitration 434, 4.53 Contract Sum ........... 3.8, 436, 4.3.7,444, 5.23, Cofltract S~ffi, Definition o f .................... g.1 Contract Time ........... 4.3.6, 4.3.8, 4.44, 72.1.3, 7.3, Cent tact Tbne, {~flnltlon of_ ......................... 8.1.1 2 A201-1987 DOCUMENT A2~1 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION ® · ~)Iga7THEAMERICANINST[TUTEOFARCH[TECTS, 1735 NEW YORK AVENUE, N.W.,WASHINGTON. D C 20006 CONTRACTOR 3 Contractor Deflnltlon~,t 3.1,6 I 2 C()ntractor's Bid I I I Contractor's Construction Schedules 3 10, · q Cutting and Patching 3.14,6.26 9.10.5, 10.1.4, 11~2, 115, 15.51, 155.2 Injury or Damage to Person or Property ..... 4.3.9 A201-1987 3 AiA [X}~i~t~IF A~01 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEF~,~H EDITION AIA® * © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON. D.C, 20006 Loss of Use Insurance 11.3.3 MISCELLANEOUS PROVISIONS 13 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 12.3 951,961, 97, 9 I0, 1012, lO.26, 11.1.3, 11.3, 1222, 1224, 133, 1351, 13.5.2, 14 Owner's Liability Insurance 11.2 5.2.1, 5.4.1, 9.6.4 Owner'a Right to Clean Up ......................... 6.3 Owner's Right to Pedorm Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Wod( 213, ~- Ownership and Use of Architect's Drawings, Specifications Partial Occupancy or Use o h (~, 9.9, ] ] .3 I; Patching, Cutting and 3.14, ~ J ~, Patents, Royalties and 3.17 Payment, Applications for q 25, 92, 9.3, 9.4, Payment, Certificates for .t.25, a.2.9, 9.33, 9.4, 9 q, Payment, Failure of 437,95] 3, 9.103,]13.9,11.4 PAYMENTS AND COMPLETION 9, Iq 9103, 1139, 11 q Permits, Fees and Notices 2.2.3,3.7,3.13,7364, 1022 PERSONS AND PROPERTY, PROTECTION OF ........ 10 Product Data and Samples, Shop Drawings. 3 1 ]. 3.12, 4.2? Progrees and Completion 422,434,8.2 progress Payments 43.4,93, 9.6, 983, 9.10.3, 136, 1423 Project, Definition of thc 1.1.4 Project Manual, Definition oftfie ......... 1.1 .? Project Manuals ............... 225 property Insurance .................. 102.5,11.3 PROTECTION OF PERSONS AND PROPERTY 10 4.5.7, 1022, II I, 11.3, 131, 134, 135.1, 13.5.2, 13.6, 14 RejectionofWork 3.51,426, 122 o22,82.1,933,9.4.2,95.1,982,9.101 ResOlution of Claims and Disputes 4.4, 45 423, 613, 6.2, IO Review of Contract Documents and Field Conditions by Contractur 122,3.2, 3.73, 3127 Rlghta and Remodles ........ 112, 2.3, 2.4, 3.5.1, 3.15.2, 42.6, 4.3.6, 4.5, 5.3, 6.1, 63.73.1, 8.3.1, 9.5.1, 9.7, 10.25, 10.3, 12.22, 12.24, 13.4, 14 Royalties and Patuntu .......................... 3.17 AIA []OC~IMENT A~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION 4 A201-1987 AIAe · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, DC 20006 Rules and Notices for Arbitration 4.5.2 Safety of Persons and Property 10.2 Safety Precautions and Programs 42 ~, ~ ~ L10.1 Samples, Defini0(m of 4 2 Samples, Shop Drawings, Product Data and 31 I. 3.12, -t 2 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, ~) SUBCONTRACTORS 5 7.3.6, 9.2, 9.3.1, 982, 9.91, 910.2, 9.10.3, 101.2, Subrogation, Waivers of ........... 6,1.1, 1 ! .3.5, 11.3.7 Successors and Assigns 13.2 SupeHntendent ............................ 3.9, 10.26 Supervlalon and Construction Procedu res 1.2.4, 3.3, 3.4, Suspension by the Owner for Convenience 14.3 Termination by the Contractor 14.1 TerminationbytheOwnerforCause ~ 4 I 114.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 TIME 8 Time, Delays and Extensions of q ~ 8.72. ], 8.3 Time Limits on Claims 432,4.33, 436, 4.3.9, 4.4, UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12. Use of Site 3.13,6 I 1,62 Values, Schedule of 9.2, 93 Waiver of Claims: Final Payrnent 4.3.5, 451,91o 3 Waiver of Claimsby the Owner 435, 4.51.993, Warranty and Warranties 3.5, 4.2.9, When Arbitration May Be Demanded 4.5.4 Written Notice 23,24,39,3 28,3129,43,444 Written Orders 23, 39, 4.37, AlA [X~UMENT &201 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION FOURTEENTH ED1TION A[A® · © 1987 TH£ AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, NW.. WASHINGTON. DC 20006 A201-1987 5 G-ENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS tual relationship of any kind ( 1 ) between the Architect and Con- 1.1.3 THE WORK ules and diagrams. Work which may include thc bidding requirements, sampI¢ 1.2,1 The t:ontrac[ Documents shall be signed by the Owner arid Contractor ;kS provided in thc Agreemcra If either thc Owner or Contractor or both do not sign all the Contract Documents, the Architect shall idcnti~' 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 famiI iar with local conditions under which the Work is to be per formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent 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 in 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 in the Contract Documents in accord ance with such recognized meanings. 1,3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Azchitect are instruments of the Architect's service through which the Work to be executed by the Con tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any 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 conamon 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 for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201-1987 and material or equipmenl suppliers are granted a limited license to use and reproduce applicable portions of the [)raw this license shall bear tile statutory copyright notice, if an}', rights 1.4 CAPITALIZATION those which arc (l) specifically defined, (2) tbe titles of num- bered articles and identified references to Paragraphs, Subpara graphs ;u~d Clauses in the document ct (3) the titles of other documents published by thc American institute of Mchilects 1.5 INTERPRETATION 1.5.1 In the interest of brevity thc' Contract l)ocuments fre quently omit modifying words such as "all" and "any" and arti cles such ;ts "thc" and "an," but the fact that a modifier or an ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 Thc Owner is the person or entity identified as such in the Agreement a~d is referred to throughout the Contract Documents as if singular in number. The term "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, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title 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 change, information of such change in title, 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 from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's ohligatkms under the Contract. [Note: Unless such reasonable et,ida, nee were furnished on request prior to the execution oJ 2.2.2 The Owner shall famish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which are the responsibility shall secure and pay for necessary approvals, easements, assess- as required by Paragraph 12.2 or persistently fails to carry out required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK may, without prejudice to other remedies the Owner may Change Order shall be issued deducting from payments then or ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. A201-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 Thc Contractor shall carefully study' and compare thc furnished [~>r [[~e Owner pursuant to Subparagraph 222 and 8 A201-1987 Al& DOCUMENT ~201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NliW YORK AVENIJE, N W., W^SHINGTON, D.C 20(XK~ 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 Thc Contractor, prompdy aher being awarded the Con 3.10.2 Thc Contractor shall prepare and keep current, for thc schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintaill at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and 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- 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings arc drawings, diagrams, schedules and 3.12.3 Samples are physical examples which illustrate by which the Work will be judged, 3.12.4 Shop Drawings, Product Data, Samples and similar sub- is subject to the limitations of Subparagraph 427 3.12.7 By approving and suhmittmg Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that thc Contrattor has determined and verified materials, field 3.12.8 The Contractor shall not be relieved of responsihility by the Architect's approval of Shop Drawings, Product Data, specifically inliormed the Architect in writing of such deviation at the time of submittal and the Architect hz'; 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 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 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- 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 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 f~lly or partially completed construction of the Al& {}OCt/MEhq' ~01 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION A201-1987 9 Owner or a separate contractol except with wrinen consent o[ not be dnre:~sonably withheld. The Contractor shall not unrea 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround 3.15.2 If the Contractor fails to clean up as provided in thc 3.16 ACCESS TO WORK 3.16.1 The Contract~r shall provide the Owner and Architect 3.17 ROYALTIES AND PATENTS 3.17.1 Thc Contractor shall pay all royalties arid license fees The Contractor shall defend suits or claims for infringement of patent rights m~d 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. infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to thc Architect 3.18 INDEMNIFICATION 3.18.1 To the fullest extent pem~itted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- 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, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to iniury 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 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 :ts to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of daamges, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability 3.'18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend j[o the liability of the Architect, the Archi- opinions, reports, surveys, Change Orders, designs or specifica tions, or (2) thc giving of or the failure to give directions or ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully' licensed to pracuce 4.1.2 Duties, responsibilities and limitations of authority of the Owner, Cont?actor'and Architect Consent shall not be unrea sonably withhekl. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCHITEC;I"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 (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 with the Owner. The Architect will have authority to act on behalf of the 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 to check quality or quantity of the Work. On the basis of on- 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 there are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's of and will not be resportsible for acts or omissions of the Con- 10 A201-1987 ~lA ~OC~[~.NI'/~Ot * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 olher persons performing portions of thc Work 4.2.4 Communications Facllltaflnfl Contract Administra- tion. Except as othe~visc provided in the Contract Documents or when direct communications have been specially autho Arcbitect's consultants sball be through the Architect, Commu nications hy and witb Subcontractors and material suppliers shall be through the Contractor Communications by and with 4,2.5 Based on thc Architect's observations and evaluatkms of thc Contractor's Applications for PaymenL the Architect will 4.2.6 The Architect will have authority to reject Work which Architect considers it necessary or advisable for implemema 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 13.53, whether or not such Work is fabricated, installed or completed However, neither this authority of the Mchitect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the ArchL lng portions of the Work 4.2.7' The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given 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 instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shafi 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 comt~)nent. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled hy the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents 4.~.10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying responsibilities and limitations of authority of such project representanves sl~all bc ~s set forth in ;ua exbibit lo bc incoq)o 4.2.11 Thc Architect will interpret :nad decide matters concern lng perfom~ancc under and requirements of the Contract with reasonable prompmess and within any time limits agreed upon If no agreement is made concerning tlae time within which intcrpretatinns required of thc Architect shall bc fur nishcd in compliance with this Paragraph 4.2, then delay shall 4.2.12 Interpretations and deciskms of the Architect will be consistent with the intern of and rea.sonably inlYrable from the Coraract Documents ~d will be in writing or in the form of drawings When making such interpretations and decisinns, ine Architect will endeavor to secure faithflfi performmce by both Owner md Contractor, will not show partiMity to either and will not be liable for results of inte~retations or decisions so rendered in good faith. 4.2,13 The Architect's decisions on matters relating to aesthetic eflkct will be tinal 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 parties seeking, a.s a matter of right, adjustment or interpre ration 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 a~d 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 Architect. 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 ,M-chitect, 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 ali such matters arising prior to the date final payment is due, regardless of (lO whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been corn 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 44.4 within 30 days after the Claim is made, (4) 45 days have passed atter the Claim has been referred to thc Architect or (5) the Claim relates to a 4.3.a Time Limits on Ol~lm$. 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 Clahn has been implemented by Change Order will not be considered unless submitted in a timely manner. AIA DOCUMENT A~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA~ · ~)I987THEAMERICANINSTITUTEOFARCH[TECTS, 1735 NEW YORK AVENUE, NW,WASHINGTON, D.C.20CO6 WARNING: Unllcerme~ photocopying violates U.S. copyright laws and Is 8ub~ to legal pmsecutlon, A201-1987 11 4.3.4 Continuing Contract Performance. Pending Iin~ reso [ution of a Claim including arbitration, unless otherwise agreed in writing tbe Contractor shall proceed diligently with pcrfi)r 4.3.5 Waiver of Claims: Final Payment. The making of final 4.3.6 Claims for Concealed or Unknown Conditions. I1 con otherwise concealed physicd conditions which diftkr matcri ally from those indicated in the Comract Documents or (2) unknown physical conditions of an unusual nature, which dig fer materially from those ordinarily found to exist and generally by thc observing party shall be given to thc other part)' promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. Thc Archi- tect will promptly investigate such conditions and, if they differ cost of, or time required for, performance of any part of thc Work, will recommend an equitable adjustment in the Conn-act the conditions at the site arc not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, 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 afl.er the Architect has given agree on an adjustment in thc Contract Sum or Gomract Time, the adjustment shall be referred to the Architect for initial deter mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to 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 to (I) a written interpretation 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 thc Archi tect, (4) failure of paymem by the Owner, (5) terminatk)n of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with thc 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 progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.8.~ If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data 12 A201-1987 4.3.9 Injury or Damage to Person or Properly. If either part), 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take <)ne or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (3) 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 reieclion, (4) recommend approval of the Claim by the other part)' or (5) suggest a compromise Thc Architect may 'also, but is not obligated to, notify the surety, if any, of the nature and xmoum of the Claim 4.4.2 Ifa Claim has been resolved, the Architect will prepare or 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands, 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding bn 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 and Claims Subject to Arbitration. ~y 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 Associatkm, and judgment upon thc award rendered by thc arhitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed afl.er a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. AIA aOCOMENT 1201 · GENERAL CONDITIONS OF THE C~NTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~) } 987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. NW., WASHINGTON, DC 2 (~RK~ 4.5.2 Rules and Notices for Arbitration. Claims bclwccu Owner and Contractor not resolved under Paragraph 4 q shall, if subject to arbitration under Subparagraph 4.5.1, bc decided by arbitration iH accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur rently in effect, unless the parties mutually agree otherwise Notice of demand h)r arbitration shall be filed in writing with the other party to the Agreement between the Owner a{Id (~on- tractor and with the American Arbitration Association, and copy shall be filed with the Architect. 4.5.3 Contract Performance During Arbitration. During arbi tration proceedings, the Owner and Contractor shall 4.5.4 When Arbitration May Be Demanded. Demand for arbi written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2 the decision is final but subiect to arbitration m'~d (2) a demand made within 30 days after the date on which the party making 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 within 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 Consolidation or Jolnder. 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 consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as described in 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, Contractor or a separate contractor as described in Article 6 shall be included as an orig- inal third party or additkmal third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a dispute not 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 consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having Jurisdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. A party M~o demand all Claims then known to that party on which arbitra- [kin is permitted to be demanded. WI/ca a party fails to include 4.5.7 Judgment on Final Award. The award rendered by the ARTICLE 5 5.1 SUBCONTRACTORS DEFINITIONS 5.1.2 A Sub subcontractor is a person or entity who has a portion of the Work at the site The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular 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, die 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 emi ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal por lion of the Work. The Architect will promptly reply to the Con- 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 sonable and timely objection The Contractor shall not be 5.2.3 If the Owner or Architect has reasonable objection to a and an appropriate Change Order shall be issued. However, no increase in the Conwact Sum shall be allowed for such change submitting names ;ts 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. Al& I~JMI=~IT &~0t · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE, N.W, WASHINGTON, DC 20006 A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to thc extent of the Work to be performed by the Subcontractor, that subcontracting thereof will not prejudice such rights, and posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to thc Subcontractor terms and condi similarly make copies of applicable portions of such documents available to their respective prolx)sed Sub-subcontractors 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is .1 assignment is effective only after termination of thc 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- .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract, 5.4.2 If the Work has been suspended for mom than 30 days, the Subcontractor's compensation shall be equitably adjusted ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Proiect with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim a.s provided else where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 Thc Owner shall provide lbr Loordmation o[ the activi with thc Work of th{' Contractor, who shall cooperate with them. Thc Contractor shall participate with other separate con tractors mad the Owner in reviewing their construction sched- ules when directed to do st> The Contractor shall make any 6.1.4 tIniess otherwise provided in thc Comract I~ocuments. to the Project with the Owner's own Ibrces, the Owner shall be deemed to be subject to thc same obllgatkms and to have thc >amc tights ~krhJch apply to thc Contractor under thc Condi lions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12 5.2 MUTUAL RESPONSIBILITY 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- struction and operations with theirs as required by the Contract 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 results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 102.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject to thc 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 ~esponsibilities for cutting and patching as are described for th(: Contractor in Paragraph 3 1.t 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- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201-1987 &l,~ DO(~JMEHT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * © 1987 THE AMERICAN INSTITUTE OF ARCItlTECTS, 1735 NEW YORK AVENUE, N W, WASHINGTON, D.C. 20Oo6 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after cxccu lion of thc Co[~tratt, and without invalidating the Contract, Changt- Order, t:onstruction Change Directive or order for a 1.1.3 Changes in the Work shall be perh)rmed under appli templated are so changed in a pn)posed Change Order or Con equitably adjusted 7.2 CHANGE ORDERS .1 a change in the Work; any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7,3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES tract Time being adjusted accordingly. thc p:l['Hcs and a mutually acceptable fixed ~r percent .4 as provided in Subparagraph 7 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shMl promptly proceed with tfte change in thc Wo{k involved and advise thc Architect of the Contractor's agrecmem or disagreement with the method, if any, provided in thc Construction Change Directive liar determining the pro 7.3.5 A Const~ction Change Directive signed by thc Contrac ~ng adjustment in Contract Su~u and (;ontract Time or thc method for determining them Such agreement shall be cffi'c live immediately and shall he recorded :ma Change Order. 7.3.6 If tftc Central tot docs n~,t respond promptly ~r d:sagrccs with thc method fi)r adjustment in thc Comract Sum, thc mcH~od and the adjualmcnt sh~l be determined by thc Archi tect on the b~sis of reasonable expenditures and savings of those performing thc Work attributable to the change, includ Clause 7.3.33, the Comractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data Unless othe~ise this Subparagraph 736 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insur~ce, fringe benefits required by compensation insurance; .2 costs of materials, supplies and equipment, includ lng cost of transportation, whether inco~orated or .~ rent~ costs of machinery and equipment, exclusive of h~d tools, whether rented from the Contractor or .4 costs of premiums for all bonds and insurance, permit f~s, and sales, use or similar t~es related to the Work; and .$ additional costs ofsu~mNion and field office ~on riel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amoums 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 thc Arcftitect 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 adjustmem in Contract Time or the method for determining it, the adjustment or the method shall be rcferrcd to the Architect 7.3.9 When tfte Owner and Contractor agree with the deter ruination made by the Azchitect concerning tfte adjustmems in merit upon the adiustments, such agreement shall be effective immediately and shall be recorded by preparation and execu tion of an appropriate Change Order. Al& ~E~lT 1[~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · POURTEENTH EDITION ^iA® · ~)1987THEAMERIC&NINSTIT[JTEOFARCHITECTS, 1735NEWYORKAVENUE, NW,WASI-IINGTON, DC 20006 A201.1987 15 7.4 MINOR CHANGES IN THE WORK ARTICLE 8 TIME 8.1 DEFINITIONS established in the Agreement. The date shall not be postpoacd 8.1.3 Thc 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 thc Contract Documents shall mean calendar day unless otherwise specifically defincd 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Document. s are of thc essence of the Contract. By executing the Agreement the Con for performing the Work 8.2.2 The Contractor shall not knowingly, except by agree date of insurance required by Article 1 1 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unle~ thc 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, 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 thc' the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties causes which thc Architcci determines ina}, justify delay, then the Contract Time shall be extended by Change Order for such 8.3.2 Claims relating to time shall be made in accordance v, ith 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 thc ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.3.1.1 Such applications may include requests for payment on included in Changc Orders 9.3.1.2 Such applications may not include requests for pay~ payment may similarly be made for materials and equipment Owner's interest, and shall include applicable insurance, 9.4 CERTIFICATES FOR PAYMENT 16 A201-1987 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 Thc 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 the Owner required by Subparagraph 9.42 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 tcct may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect thc Owner from loss because .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat lng probable filing of such claims; .$ failure of thc Contractor to make payments prop equipment; .E reasonable evidence that the Work will not be com- pleted within the Contract Time, m~d that the unpaid liquidated damages for the anticipated delay; or .? persistent failure to carry out the Work in accordance withheld. 9.6 PROGRESS PAYMENTS except as may otherwise be required by lay,,. similar lO that provided in Subparagraphs 9.6.2.9.6.3 and 96.4. 9.7 FAILURE OF PAYMENT tiffed by the Architect or awarded by arbitration, then the Con Owner and Architect, stop the Work until payment of the provided in Article 7. 9.8 SUBSTANTIAL COMPLETION AIA OO{~IMF. I~T A~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRU(;TION * FOURTEENTH EDITION AIA~ * ~ 19R7 THE AMER[CAbl INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C 20006 A201-1987 17 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainagc, if any, for such Work or por 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use m~y completed or par dally completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac tot, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11,3,11 and authorized by public authorities having jurisdiction over the Work. Such 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, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cot- 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 shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree reached, by decision of thc 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 nr portinn of the Work to be used in order to determine and record thc' condition of the Work. 9.9.3 Unless otherwise agreed upon, partiaJ occupancy or use of a portion or portions of the Work shall not constitute accep Lance of Work not complying with the requirements of the Contract Documents 9.10 FINAL COMPLETfON 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 responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- any, to final payment and (5), if required hy the Owner, other in such form as may be designated by the Owner. If a Subcon shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs 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 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 remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con- tract Documents, and if ponds 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 Ihe Contractor to the Architect prior to certification of such payment Such payment shall 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 constitute a waiver of claims by the Owner as provided in Sub paragraph 4.35 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 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS hated biphenyl (PCB), or when it has been rendered harmless, accordance witb final determination by tbe Architect on which arbitratkm has not been demanded, or by arbitration under Article 4 10.1.3 The Conrtactor shall not be required pursuant to Article polycbkmnated hiphenyl (PCB) 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and bold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, dmnages, losses and expenses, includ lng but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact thc 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 (olher than tile 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 reduce 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 Con[factor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: be affected thereby; .~ other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, rek; Contractor, a Subcontractor, a Sub subcontractor, or anyone directly or indirectly empk~yed by auy of them, or by anyone 10.2.6 The Comractor shall designate a responsible member of 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchas,: from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which thc Project fs located such insurance as will protcct the Contractor from claims set forth below which 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: disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; AIA DOC~F.N'"r ~,tll * 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 19 11.2.1 The Owner shall be responsible for purchasing and 11.3.2 Boiler and Machinery Insurance. The Owner shall 20 A201-1987 AIA ~lMle['~l' ~)1 * GENERAL CONDITIONS OF THE CONTRACT FOR CONS1 RUCTION * FOURTEENTH EDITION AiA® e, I~ 1987 THE AMERICAN INSTITUTE OF ARCHITE(]TS. 1755 NEW YORK AVEN!!E, N W, WABIIINGTON, D.C 2 LRRX) 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub subcontractors, agents and employees, each of thc other, a~d (2) the Architect, Architect's consultants, separate contractors described in Article (3, 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 1 1 3 or other property insurance applicable to the Work, except such rights as they have to proceeds of sucb 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 appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum erated herein. The policies shall provide such waivers of subro gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adiusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subiect to requirements of any applicable mortgagee clause and of Subparagraph 11.5.10. 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 ~ul insured loss, give bond for proper l~'rfovmance of the Owner's duties. The cost of required bonds shall be charged against proceeds received ms 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 in which case the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order. for to furnish bonds covering faithful perlbrmance of the Con lated in bidding requirements or specifically required in thc 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 the 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 ks in accordance with the Contract Documents, costs of uncover~ lng and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with tile Contract Documents, the Contractor shall pay such costs unless the condition was caused by tile Owner or a separate contractor in which event thc Owner shall bc responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejt. ctcd by the Architect or failing to confi)rlll ti) tile requirements of ?;ubstantial Completion and whether or not fabricated, installed or completed. Thc Contractor shall bear costs of correcting such rejected Work, including additional testing and inspec- 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 date AIA OOC~ENT A201 · GENERAl. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIAe · ~ 1987 THE AMERICAN iNSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, DC 2CKW~6 A201-1987 21 paragraph 5) 9.1, or by terms of an applicable special warranty required hy the Contract Documents, any of the Work is found lance of such condition. This period of one year shall be obligation under this ~uhparagrapb 12.22 shall survive accep Contract Sum shall be reduced by the deficiency. If payments 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 time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and ha~s no relationship to '.he time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to thc time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con tractor's ohligations other than specifically to correct thc 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 dr) so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 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 was intended, or if delivered at or sent hy registered or certified mail to the last business address known to the party giving 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract I)ocu ments and rights and remedies available thereunder shall be in addition to and not a limitatkm 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, excepl as may bc specifically agreed in writing 13.5 TESTS AND INSPECTIONS 13.$.1 Tests, inspections and approvals of portions of thc Work required by the Contract Documents or by laws, ordi nantes, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test lng laboratory or entity acceptable to the Owner, or with the appropriate public authority, an.d shall bear all related costs of tests, inspections and approvals. Thc Contractor shall give the 13.5.2 If thc Architect, Owner or public authorities having lurisdiction determine that portions of the Work require addi tional testing, inspection or approval not included under Sub paragraph 13.5 1, the Architect will, upon written authorization for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely are to be made so the Architect may observe such procedures. 22 A201-1987 AIA DOCUMENT &~Ot * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIAg · ©1987 THE AMERICANINSTITUTEOFARCH[TECTS, 1735 NEW YORK AVENUE, NW, WASHIN(gT¢)N, [)C 2(~ff}6 ~0 -~ \~t~_ ~ / / --~ o.o ~ ~ , TED Bid S[,,~cificafio.~ For: .4 / 17/2000 GRUBBING, GRADING & SEEDING of a SPOR~ PM~G FIELD As Noted I~ECONIC L~, PECO~C, N~w 'York 11958 DWG. ~: .... t ~ REGISTERED ARCHITECT I~N(,MNEI,RI~(; I)EPARTME~~ under Subparagraphs 1351 and 1352 reveal failure ol thc 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 anti unpaid under thc Contract Docu rate as the panics 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 Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substan tial Completion, any applicable statute of limitations shall conm'ience to run and any -alleged cause of acfion shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; ,2 Between Substantial Completion and Final Certifi- cate for PaymenL As to acts or failures to act occur ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause actkm shall be deemed to have accrued in any and all t~vents not later tfian 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 any alleged cause ol action sfiall be deemed to have any warranty provided under Paragraph 3.5, the date Work by the Contractor under Paragraph 12.2, or the m perform any duty or obligation by the Contractor ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION DY THE CONTRACTOR ny having jurisdiction; Subparagraph 9.4.1, or because the Owner has not ber of days scheduled for completion, or 120 days in any 305 day period, whicfiever is less; or evidence as required by Subparagraph 2.2 1. damages. 14,1,3 If the Work is stopped for a period of 60 days through Owner has persistently failed to fulfill the Owner's obligations as provided in Subparagraph 14.1.2 enough properly skilled workers or proper materials; AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE C()NTR3.(~T FOR CONSTRUCTION · FOURTEENTH EDITION ^lA® ' ~)I987TltEAMERlCANlNSTlTUTEOFARCHITECTS, 1735NEW YORK AVENIJE, NW.,WASHIN(;TON, D (~ 2{Y.R)G A201-1987 23 graph 5 -{; and thc tnsc may be, shall be certified by thc Archit¢cl, upon appli 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.3 Adjustments made in thc cost of performance may have 24 A201-1987 SUPPLEMENTARY GENERALCONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I·A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) (2) (3) (4) (5) (6) Premises - Operations Independent Contractors Protective· Products and Completed Operations. Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. Owned, non-owned, and hired motor vehicles. Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: · 1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. Seeding of Playing Field H-1 .2 .3 Comprehensive General Liability (Including Premises - Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily Injury: $1,000,000 Each Occurrence - $1,000,000 Aggregate, Products and Completed Operations. b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate c. 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. d. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): f. Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate. Comprehensive Automobile Liability (owned, non-owned, hired): a. 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 Seeding of Playing Field H-2 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States pf America, to it in hand paid by: (Owner/Contracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents do for its successors and assigns remise, release, and forever discharge the said (OwnedContracting 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 (OwnedContracting 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: supplements thereto. , 20__ and any admittance or IN WITNESS THEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested by its __ this day of ,20 __ Attest: Principal: Seeding of Playing Field K-1 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for SEEDING OF PLAYING FIELD at Peconic Lane Park Peconic Lane PECONIC, NEWYORK 11958 Seeding of Playing Field L-1 NEW YORK STATE DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, NY 12240 SCHEDULE 1999A Oate Oq/07/O0 T/O SOUTHOLD JAMES RICHTER, RA TOWN HALL P.O. BOX 1179 SOUTHOLD NY 11971 PRC 0003553 SUFFOLK COUNTY Location and Type of ProSec± PROJECT ID ~: NONE PLOW, GRADE AND SEED AN AREA OF APPROX. BO0,O00 S~.FT. FOR BASEBALL & FOOTBALL FIELDS,SOUTHOLO 01 In response Go your request, enclosed is Ghe schedule of Ghe prevailing hourly wage rates and Ghe prevailing hourly supplemenGs for Ghe above projecG, Coca±her with copies of the Notice of Contract LeG (PW-16) for your use. THE SCHEDULES 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 with ArGicle 8 of the NYS Labor LaN, which provides that iG shall be the duGy of Ghe fiscal officer Go ascertain and determine Ghe schedules of supplements Go be provided and wages Go be paid Go workers, laborers and mechanics employed on public work pro~ecGs, and Go file such schedules ~ith Ghe OeparGmenG having ~urisdicGion. The atGached rates are based on Ghe latesG informeGion available Go Ghe Department of Labor, Bureau of Public Hork. Care should be Gaken to review Ghe rages for obvious errors. Any correcGions should be broughG Go Ghe DeparGmenG's aGtention immediaGely. It is Ghe responsibiliGy of Ghe Public Work conGracGor Go use Ghe proper rage. If Ghere is a quesGion on the proper classificeGion Go be used, please call the disGrict office located nearesG Ghe pro,ecG. This schedule is effecGive from July 1, 1999 Ghrough June 30, 2000. A new u~dat~d schedu~ will auGo~aGically be mailed Go you each July i unGil we are notzf~ed that the pro~ect zs completed or canceied. NoGe: A 1997 AMENDMENT TO SECTION 220 OF THE LABOR LAW REQUIRES THE DEPT~ OF ~URI$D~CTION TO RECEIVE AND MAINTAIN MONTHLY TRANSCRIPTS OF PAYROLL NbCURDS PUR THRE~ YbAH$ FROM THE DATE OF COMPLETION OF THE WORK IN THE AWARDED CONTRACT. Very truly yours, CHET RYSEDORPH DIRECTOR NOTICE TO CONTRACTING AGENCIES: Upon cancellaGion or compleGion of Chis proSacG, anger Ghe necessary informaGion and reGurn Chis page Go Bureau of Public Work, Bldg. 12~ Rm. 130 SOBC, Albany, NY 122~0. PROJECT HAS BEEN COMPLETED/CANCELED: SignaGure Title For addiGional informaGion, Albany (518) ~57-27q4 BinghamGon (607) 721-8005 Buf~aio (716) 8~7-7159 HempsGead (516) ~85-q878 New York CiGy (212) ~52-6088 PM-ZOO (6-98) conGacG our local DisGricG Offices: Syracuse (315) 428-4056 RochesGer (716) 258-~505 UGica (315) 793=231q WhiGe Plains (9lq) 997-9507 CONTRACT REQUIREMENTS Each public work con±fac± ±o which ±he S±a±e~ a public benefi± corpora±ion, a municipal corpora±ion or a commission appoin±ed pursuan± ±o laH is a par±y and which may involve ±he employmen± of laborers? workers or mechanics~ shall comply wi±h ±he requiremen±s of Ar±icle 8 (Sec±ions 220-223) of ±he New York S±a±e Labor Law: 1. No laborer, Horker or mechanic in ±he employ of ±he con±rac±or, subcon±rac±or or o±har person doing or con±fac±lng ±o do ±he whole or a per± of ±he work con±ample±ed by ±he con±rac± shall be parmi±±ed or required ±o work more ±hen eigh± hours in any one calendar day or more ±hen five days in any one week excep± in ±he ex±raordinary emergencies sa± for±h in ±he Labor Law or where e dispense±ion is gran±ed by ±he Commissioner of Labor. 2. Each laborer, ~orker or mechanic employed by ±he con±fac±or or subcon±rac±or shall be paid no± less ±hen ±he prevailing ra±e of wages as indica±ed on ±he Hage schedule provided by ±he Oepar±men±, Bureau of Rublic Work. The prevailing ra±e of wage shall be annually de±ermined no la±er ±han ±hir±y days prior ±o July la± of each year. The prevailing ra±e of wage for ±he period commencing July firs± of such year ±hrough June ±hir±ie±h~ inclusive of ±he following year shall be ±he ra±e of wage se± for±h in collec±ive bargaining agreemen±s for ±he same period, including ±hose increases for such period which are direc±ly ascer±ainabla from such collec±ive bargaining agreemen±s. (See Sec±ions 220.3, 220.5) I± shall be ±he du±y of ±he depar±men± of jurisdic±ion ±o file wi±h ±ha fiscal officer, ±he classifica±ion of workers mechanics and laborers ±o be employed on a public work projec±, ±oge±her wi±h a s±a±emen± of ±he work ±o be performed by each classifica±ion. (See Sec±ion 220.3-a) The con±fac±or and every subcon±rac±or shall pos± in a prominen± and accessible place a± ±he work si±e s±a±emen± of all wage re±es and supplemen±s ±o be paid or provided for ±he various classes of mechanics, workers or laborers. (See Sec±ion S. No employee shall be deemed ±o be an appren±ice unless individually regis±ered wi±h ±he New York S±a±e Dapar±men± of Labor. The allowable re±lo of eppren±ices ±o ~ourney- level workers in any cref± classifica±ion shall no± be grea±er ±hen ±he re±lo permi±±ed ±o ~he con±fac±or as ±o ~±s work force on any job under ±he regis±ered program. Any employee who is no± regis±ered as above, shall be paid or provided ±ha prevailin~ wage and supplemen± ra±e for ±he ~ourney level classifice±zon of work ac±uall¥ performed. The con±fac±or or subcen±rac±or will be requzred ~o furnish wri±±en evidence of registration of i±s program and appren±ices as well as of ±he appropria±e re±los and wage and supplemen± ra~es for ±he area of cons±ruc±ion, prior ±o using any appren±ices on ±he con±fac± cork. (See Sec±ion 6. (al No con~rac±or, subcon±rac±or, nor any person ac±ing on i±s behalf, shall by reason of race, creed, color, disabili±y~ sex or ne±zonal origin discriminate agains± any ci±izen of ±he $~a±e of New York who is qualified and available ±o perform ±he work ±o which ±he employmen± tala±es. (See Sec±ion (b) No con±fac±or, subcon±rac±or, nor any person ac±lng on i±s behalf, shall in any manner, diacrimzna±e agains± or in±imide±e any employee on accoun± of race, creed, color, disabili±y, sex or na±ional origin. (See Section 220-e(b)) No±e: The Human ~igh±s Law also prohibi±s discrimina±ion in employmen± because of age, marl±al s±a±us or religion. (c) There may be deduc±ed from ±he amoun± payable ±o ±he con±rac±or under ±he con±rac± a penal±y of fif±y dollars for each calendar day during which such person was discrimina±ed agains± or in±imida±ed in viola±ion of ±he provisions of ±he con±fac±. (Sec±ion 220-e(c)) 7. (a) (b) The con±fac± may be cancelied or ±ermina±ed by ±he S±a±e or municipali±y, and ail moneys due or ±o become due ±hereunder may be for±ri±ed, for a second or anysubsequen± viola±ion of ±he ±erms or condi±ions of ±he an±idiscrimina±ion sec±ions of ±he con±fac±. (See Sec±ion 220-e(d)) All con±fac±ors or ±heir subconGrac±ors shall provide Go ±heir subcon±racGors a copy of Ghe prevaiiing wage ra±e scheduie specified in ±he public work confracG as well as any subsequen±ly issued schedules, A failure ±o provide Ghese schedules by a conGracGor or subconfracGor zs a violaGion of Ar±icle 8 or Ghe Labor Law. (See SecGion 220-e(d)) All subconGracGors engaged by a public improvemenG con±rac±or or i±s subconGracGor, upon recefpG of ±he original schedule and any subsequen±ly issued schedules, shall provide Go such con±racGor a verified s~aGemenG aGGesGing GhaG Ghe subconGrac±or has received Ghe wage schedule and will pay or provide Ghe applicable ra±e of wages and supplemenGs specified ±herein. (See Sec±ion 220-a) PN-3 ATTENTION: ALL CONTRACTORS AND SUBCONTRACTORS ENGAGED ON PUBLIC HORK PROJECTS IN NEH YORK STATE INTRODUCTION: Below are ±he major provisions of the Labor Law covering workers on public work projec±s. HOURS: A laborer, worker or mechanic is permi±±ed to work on a public work project no more than eight hours e day and no more than five days in a week, except in case of extraordinary emergency such as a fire, flood or danger life or property. You may agply to ~he Bureau of Public Honk for a DISPENSATION permitting workers to work additional hours or days per weak on a particular public work project. HAGES AND SUPPLEMENTS: The wages and supplements to be gaid and provided for laborers, workers end mechanics employed on a public work project shall be no~ less than ~hose listed in the current prevailing rate schedule for the locality where ~he work is performed. If a prevailing rate schedule for the project has not been provided to the prime contractor by the department of ~urisdic~ion {i.e., the governmental entity awarding the public work contract), or to a subcontractor by the prime contractor, the applicable schedule must be obtained from the Departmen± of Jurisdiction, who must make written application to the Bureau of Public Honk, Labor Department, Building No. 12, State Dffice Building Campus, Albany~ New York 122q0. The prime contractor is responsible for any underpeyments of prevailing wages or supplements by its subcontractors. PAYROLL RECORDS: Every contrac±or end subcontractor must keep originals or transcripts of payroll records, showing for each person employed on public work, the following: 1. Name 2. Address and phone number 3. Social Security Number, q. Occupational classifica±ion in which worked, B. Hourly wage rate paid Supplements provided 7. Daily and weekly number of hours worked in each classification B. Deductions made 9. Actual wages paid. Hhen payroll records are requested by the Commissioner: each payroll record must be affirmed as true under the penalties of perjury whzch means a notorized signature to that effect. Such records must be kept on the site of the work when the contractor or subcon±ractor does no~ maintain a regular place of business in New York S±ate and the amount of ~he contract exceeds $25,000. Ail o~her contractors and subcontractors must, within 5 days after a request, produce et the work si~e the original payrolIs or transcrzpts. Every contractor end subcontractor shall submit to the Dept. of Jurisdiction within thrity days al±er issuance of it's first payroll, and every ~hir~y days thereafter, e transcript of the orieinal payroll records, subscribed and affirmed as true under penalty et per3ury, as provided by Ar±icle B, Sec±ion 220, of the NYS Labor Law. The DEPARTMENT OF JURISDICTION shall receive and maintain such payroll records. The original payrolls and transcripts must be preserved for ±hree years from ~he date of completion of the pro~ect. POSTING: The current prevailing rate schedule mus~ be posted in a prominent and accessible place on ±he site of Ahe public work project. APPRENTICES: Employees cannot be paid apprentice rates if they are not individually regis±ered under a program or agreement registered with the Commissioner of Labor. The contractor or subcontractor will be required furnish written evidence of ~he regisAration of its program and apprentices and of the appropriate ratio. The allowable ratio of apprentices to journeymen in any craft classification can be no greater than the ratio permitted ~o ~he con,rector or subcontractor as ~o i~s work force on any job under ~he registered program. An employee listed on a payroll as an apprentice, who is not registered es above, must be paid the prevailing journeyman's wage rate for that classification of work. HITHHOLDING OF PAYMENTS: When a complaint is filed with the Commissioner of Labor alleging the failure of e con~ractor or subcontractor ±o pay or provide the prevailing wages or supplemen~s~ or when the Commissioner of Labor believes that unpaid wages or supplements may be due. payments on the public work contract may be withheld from the prime con~rac~or in a sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a ~inal deAermination. INTEREST ANO PENALTIES: If an underpayment of wages or supplements is found, interest must be added et the rate then in effect prescribed by the Superintendent of Banks pursuant to section 14-e of ~he banking law per annum from the date of underpayment to ~he da±e of the new peymeo~, and may also include the imposition of e civil penalty not to exceed 25% of the amount due. DEBARMENT: Hhen final determinations have been made agains± a contractor or subcon~rec±or in ±we instances within a six-year period determining that it willfully failed to pay or provide the prevazling rate of wages or supplements, or if there is one ~ilful viola±ion ±ha± involves falsifica±ion of payroll records or kickback of wages, such con±fac±or or subcon±rac±or will be ineligible ±o bid on or be awarded a public work con±fac± for a period years from ±he second final de±ermina±ion. CRIMINAL SANCTIONS: Nillful viola±ions of ±he Prevailing Nage Law (Ar±icle of ±he Labor Law) cons±i±u±e a misdemeanor punishable by fine or imprisonmen±, or bo±h. OISCRIMINATION: No employee or applican± for employmen± may be dlscrimlna±ed agains~ on accoun± of age, race, creed, color, na±ional origin, sex, dlsabili±y or marl±al s±a±us. Every employer subgec± ±o ±he New York S±a±e Human Righ±s Law mus± conspicuously pos± ak i±s offices, places of employmen± or employmen± ±raining can±ers, no±ices furnished by ±he S±a±e Bivision of Human POSTING OF OTHER NOTICES: Every employer providing ~orker's compensa±ion insurance and disabili±y benefi±s mus± pos± in a conspicuous place no±ices such coverage in a form prescribed by ±he Norkers~ Compansa±ion Board. Employers liable for con±ribu±ions under ±he Unemploymen± Insurance Law mus± conspicuously pos± no±ices furnished by ±he S±a±e Depar±men± of Labor. PN 19 (7-99] docm: le±±er2b NOTICE OF NEN PREVAILING NAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES (*) AS NOTED ON PREVAILING RATE SCHEOULES PAGES. The annual determine±ion of the prevailing re±es of Hages and supplements for workers employed on public ~ork projec±s ±hroughou± ±he s±ate will be published on May 31st of each year. These neH rates will be in effect July 1st thru June 30±h, This new de±ermination Hill supersede ±he original schedule or any prior issued annual de±ermine±ion. I± is the responsibili±y of ±he contracting agency or its agen±s ±o provide all prevailing ra±e schedules ±o contrec±ors immediately upon receip±. Any ra±e chanqe from @ previously issued determine±ion becomes e~fec±ive July lst~ regardless of whe±her ±he new determznatzon has been recelved by ±he When you review ±he schedule for e par±icular occupe±ion~ your a±±ention should be direc±ed ±o ±he da±es above the column of re±es. These are ±he da±es that additional ed~us±men±s become ef~ec±ive. PN-202 (4-9~) docm: letterd VERIFYING THE REGISTRATION APPRENTICES Cer±ain S±e±e and Federal Laws require ±ha± appren±ices mus± be individually regis±ered as such in order ±o be paid appren±iceship re±es on Public Work. The New York Labor Depar±men± is ±he official regis±re±ion agency for apprentices in New York Sta±e. No other Federal or State Agency or office registers appren±ices in NeH York State. Each year ±he apprentice training central office in Albany receives hundreds of requests from Federal and State Agencies~ Contrac±ors~ and o±her in±erested parties reques±ing verifica±ion of indivzdual appren±ice registrations. The following information is provided in order ±c clarify New York State procedures. All regis±ered appren±ices in New York Sta±e are individually regis±ered by name, address~ social security number, star±lng da±e of ±raining, and o±her rela±ed da±a. This informa±ion is compu±erized and is available ONLY through the Albany Apprentice Training Cen±ral Office. Persons wishing to verify the apprentice registration of any individual should Hri±e to the Senior Employment Consultant, New York S±ate Department of Labor, Job Service and Training Division, Building 12, S±ate Office BuildingCampus, Albany, New York 122q0. Ail inquiries MUST include name and social security number and will be answered in Hriting. 'The response will_indicate whether or not ±he individual is registere~, and if so, Hill provide other pertinen± information regarding the regls±ra±ion. The oniy conclusive proof of individual apprentice registration is written verification from the Albany Apprentice Training Central Office. Neither Federal nor State Apprentice Training Offices ou±side Albany can provide conclusive registration information. It should be noted the± the existence of a registered apprenticeship program is not conclusive proof that any individual is registered in that program. Furthermore~ the existence or possession of walle± cards, identification cards or copies of state forms ere not conclusive proof of the registration of any individual as an apprentice. PH-203 (7-99) docm: letter2e NEW YORK STATE DEPT. OF LABOR Bureau of Public Work State Office Building Campus Albany, NY 12240 T/O SOUTHOLD Schedule Type JAMES RICHTER, RA TOHN HALL P.O. BOX 1179 Date COMPLETE 1999A 04/07/00 Prevailing Rate Case No. 00035~$ O1 PROJECT ID #: NONE SOUTHOLD NY 11971 PLOH, GRADE AND SEED AN AREA OF APPROX. 500,000 SQ.FT, FOR BASEBALL S SUFFeLK COUNTY AGY. OF JURIS. : TONN NAT. OF PROJECT= OTHER RECDN,MAINT,REPAI~,ALT Copies of the wage and supplement schedule for the Public Work pr~ect identified above are enclosed herewith. Sec. 22Q3a 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 prime contract let immediately upon notifying a successful bidder for this Public Work pr~ect. Photocopy as many blank forms as required to supply one for each contractor. Return this request to the address given above [] Project CANCELLED, POSTPONED or assigned to agency's own employees. If reactivated, new rates and supplereents 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: 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) HeatingNentilation [] (04) Plumbing [] (05) Other Signature PW-le (1-91) State: Approximate Starting Zip: Date: / / [] (03) Electrical Date Page , Prevailing Ra±e Schedule New York S±a±e Oepar±men± of Labor .................................. Case Number .................................. 000355~ SUFFOLK 1999A INSTRUCTIONS PREVAILING RATE SCHEDULE INFORMATION The information lisGed below is provided ±o assisG you in ±he inGerpre±eGion of parGicular requiremen±s, for each classifica±ion of worker, conGained in ±he a±Gached Schedule of Prevailing Re±es. PAID HOLIDAYS Paid Holidays are days for which an eligible employee receives a regular day's pay, bu± is nog required Go perform work. NoGe: If an employee works on a day lisGed as a paid holiday, ±his remuneraGion is in addi±ion Go paymen± of ±he required prevailing ra±e for ±he work ac±ually performed. OVERTIME Over±ime holiday pay is Ghe premium pay GhaG is reguired for work performed on specified holidays. I± is on1¥ required where Ghe employee acGually performs work on such holidays. The applicable holidays are lis±ed under HOLIDAYS: OVERTIME. The required rage of pay for Ghese covered holidays can be found in Ghe OVERTIME PAY secGion lis±ings for each classificaGion. SUPPLEMENTAL BENEFITS ParGicular e±GenGion should be given Go Ghe supplemenGal benefi± requiremenGs. A1Ghough in mos± cases ±he paymenG or provision of supplemenGs is for each hour worked, some classifica±ions require Ghe paymenG or provision of supplemenGs for each hour paid (Ghis may include paid holzdays on which no work is performed) and/or may require supplemen±s ±o be paid or provided aG a premium rage for premium hours worked. EFFECTIVE DATES When you review ±he schedule for a parGicular Grade or occupaGion,your aGGen±ion should be direcGed Go Ghe da±e above Ghe column(s) of re±es. This is' Ghe daGe on which Ghe rage become effecGive. The rage lisGed is valid unGil Ghe nexG effecGive rage change or unGiI Ghe new annual deGerminaGion, which Gakes effec~ on July 1 of each year. Ail conGracGors and subconGracGors are required Go pay ~he currenG prevailing re±es o~ wages and supplemenGs. The deparGmenG of 5uriadicGion is required Go provide a copy of Ghe currenG annual deGerminaGion. Should you have quesGions~ please conGacG Ghe Bureau of Public Work or visiG Ghe NYS Depar~menG of Labor s Neb siAe a~ www.labor.s±a~e.nv.us for currenG wage ra*e information. HORKERS COMPENSATION In accordance wi±h Section lq2 of Ghe S~a~e Finance Law, Ghe con±rector shalI maintain coverage under ~he life of ±he conGrac± for ~he benefi~ of such employees as required by ~he provisions of ~he New York SGa±e Workers' Compensation Law. -Con,fac±or Go be awarded conGrac~ mus~ provide progf of Workers' Compensa±ion coverage prior ~o being allowed ±o eegzn work. -The policy of insurance mus~ be issued by a company authorized ~o provide Workers' CompensaGion coverage in ~his s~a±e. Page 2 Prevailing Rate Schedule New York Sta±e Oepar±men± of Labor ................................. Case Number ............................. 0005555 SUFFOLK 1999A -Proof of coverage mus± be on form C-105.2 (Cer±ifica±e of Norkers' Compensa±ion Insurance) and mus± name ±his agency as a cer±ififca±e holder. -If New York S±a±e coverage is added ±o an exis±ing ou± of s±a±e policy, i± can only be added ±o a polic¥ of a company au±~orized ±o write Norkers' Compensa±ion coverage zn ±his s±a±e, and ±he coverage mus± be lis±ed under ±±em 3A of ±he informa±ion page. -The con±fac± mus± main±ain proof ±ha± subcon±rac±ors doing work covered under ±his con±fac± secure and main±air a Norkers' Compensa±ion policy for all employees working in New York S±a±e. If you have any ques±ions concerning ±he a±±ached schedule or would like addi±ional informa±ion, please con±ac± neeres± BUREAU of PUBLIC HORK Ois±ric± Office or wri±e ±o ±he NEH YORK STATE DEPARTMENT of LABOR, BUREAU of PUBLIC NORK, BUILDING 12, STATE OFFICE BUILDING CAMPUS, ALBANY, NEN YORK 122q0. Dis±tic± Office Lore±ions: Telephone# FAX # Bureau of Public Nork- Albany Bureau of Public Honk Bingham±on Bureau of Public Honk Buffalo Bureau of Public Honk - Hemps±ead Bureau of Public Honk Roches±er Bureau of Public Honk - Syracuse Bureau of Public Hork U±ica Bureau of Public Honk - Hhi±e Plains Bureau of Public Honk - New York Ci±y Bureau of Public Honk Cen±ral Office OVERIlMb 518-q57-£7qq 607-721-8005 716-8q7-7159 516-q85-q878 716-268-qB05 515-qZB-q056 315-795-2514 914-997-9507 212-552-6088 518-457-5589 518-q85-1870 607-721-8004 ~J16-847-7650 516-485-0522 716-258-4708 515-428-q671 ~15-793-2~42 914-997-9523 212-352-6186 518-485-1870 (7/06/99) Following is an explana±ion of ±he code(s) lis±ed in ±he OVERTIME seC±ion of each class±fica±ion con±aired in ±he a±±ached schedule. Addi±ional requiremen±s may also be lis±ed in ±he OVERTIME sec±ion. A ) Time and one half of ±he hourly ra±e al±er 7 hours per day. AA) Time and one half of ±he hourly ra±e a~±er 7 and one half hours per day. B ) Time and one half of ±he hourly ra±e al±er 8 hours per day. B1) Time and one half of ±he hourly ra±e for ±he 9±h & lO±h hours week days and ±he ls± 8 hours on Sa±urday. Double ±he hourly ra±e for all addi±ional hours. C ) Double ±he hourly ra±e al±er 7 hours per day. C) Double ±he hourly ra±e al±er 7 and one half hours per day. O1) Double ±he hourly ra±e al±er 8 hours per day. 01) Double ±he hourly ra±e al±er 9 hours per day. E ) Time and one half of ±he hourly re±e on Sa±urday. El) Time and one half ls± 4 hours on Sa±urday. Double ±he hourly ra±e all addi±ional Sa±urda¥ hours. E2) Sa±urday may be used as a make-up day a± s±raigh± ±±me when a day is los± durzng ±h~± week due ±o inclemen± wea±her. E3) Be±ween November ls± and March 3rd Sa±unday may be used as a make-up day a± s±raigh± ±±me when a day is los± durin~ *ha± Heqkdue ±o inclemen± wee±her, provided a given employee has worked be±ween 16 and 32 hours ±ha± week. E4) Sa±urday and Sunday may be used as e make-up day a± s±raigh± ±ime Page 3 · PrevaiIing Ra±e Schedule Ne~ York S±a±e Oepar±men± of Labor .................................. Case Number ................................... 000555~ SUFFOLK 1999A F G H I J K L M N 0 P S Si) T ) U ) V ) N ) ~hen a day is los* durinq ±ha± Heek due ±o inclemen± Hea±her. Time and one half of the hourly ra~e on Sa±urday and Sunday. Time and one half of ~he hourly ra±e on Sa±urdey and Holidays. Time end one half of ~he hourly ra±e on Saturday, Sunday, and Holidays. Time and one half of ±he hourly ra±e on Sunday. Time and one half of ±he hourly ra±e on Sunday and Holidays. Time and one half of ~he hourly ra~e on Holidays. Double ±he hourly ra±e on Sa±urday. Double ±he hourly ra~e on Sa±urday and Sunday. Double ±he hourly ra~e on Sa±urday and Holidays. Double ±he hourly ra±e on Sa±urdey, Sunday, and Holidays. Double ±he hourly ra±e on Sunday. Double ±he hourly ra±e on Sunday and Holidays. Doubie ±he hourIy re±e on Holidays. THo and one hail ±Jmes ±he hourly ra±e for Holidays, if worked. THo and one half ±Jmes ±he hourly ra±e ±he firs± 8 hours on Sunday or Hoilidays. One and one half ~imes ±he hourly ra±e all eddi±ional hours. Triple ~he hourly ra~e for Holidays, if worked. Four ~imes ~he hourly ra±e for Holidays, if worked. IncIuding benefi±s a± SAME PREMIUM as shown for over±ime. Time end one hail for benefits on ail over±ime hours. NOTE: BENEFITS are PER HOUR NORKED, for each hour Horked, unless o~herwise --' no±ed HOLIDAYS PAID Paid Holidays are days for which an eligible employee receives a regular day's pay, bu± is no± required ±o perform Honk. No±e: If an employee works on e day lis±ed as a paid holiday, ±his remunera±ion is in addition ±o peymen± of ±he required prevailing ra~e for ±he Hork ec±ually performed. OVERTIME Over±ime holiday pay is ±he premium pay ±ha± is required for Hork performed on specified holidays. I~ is only required Hhere ±he employee ac±ueliy performs work on such holidays. The applicable holidays are ils±ed under HOLIDAYS: OVERTIME. The required re~e of pay for ~hese covered holidays can be found in ±he OVERTIME PAY section lis±ings for each classification. FolloHing is an explanation of ±he code(s) lis~ed in ~he HOLIDAY section of each classification con±ained in ±he a±±ached schedule. The Holidays as lis~ed beloH are ~o be paid a~ *he Hage raAes a* which ~he employee is normally classified. 1 None. 2 Labor Day. Memorial Day and Labor uay. Memorial Day and July Memorial Day, July q~h, and Labor Day. Ne~ Year's Day, Thanksgiving Day, and Chris~mas Day. Lincoln's Birthday, Hashing~on's Birthday, and VeAerans Day. Good Friday. Lincoln's Birthday. 10 Hashing~on's Birthday. 11 Columbus Day. 12 Election Day. Page q Prevailing Ra±e Scheduie New York S±a±e Depar±men± of Labor ............................... Case Number ........................... 0003553 SUFFOLK 1999A 13 Presidential Elec±ion Day. 172 Day on Presiden±ial Elec±ion Day. 15 Ve±eran~ Day. 16 Day al±er Thanksgiving Day. 17 July ~±h. 18 1/2 Day before Chris±mas Day. lg 1/2 Day before New Years Day. 20 Thanksgiving Day. 21 New Year's Day. 22 Chris±mas Day. 23 Day before Chris±mas. Day before Ne~ Year's Day. 25 Presiden±s' Day. 28 Mar±in Lu±her King, Jr. Day. ASBESTOS WORKER WAGES(per hour) Asbestos Worker ....... 7/01/1999 $ 31.61 OVERTIME: See ( C, O, Tx, V ) on OVERTIME PAGE. ~ overtime code T applies ±o Labor Day only if Honked. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. For Rem./Aba±emen±: See ( I ) on HOLIDAY PAGE. APPRENTICES: ( I ) year ±erms a± ±he folloHing percen±age of Journeyman's Pa±es. ls± 80% SURRLEMENTAL BENEFITS:(per hour worked) Journeyman $ 19.6q Appren±ices Same % as wages of $ 19.64 ~AGES Rem./Aba±emen~ onl¥~ .... $ 22.00 On mechanicial sys±ems ±ha~ are no± ±o be scrapped. OVERTIME: Rem./Aba±emen±: Time and One-Half a~±er B hours per day and al±er b work days per week, Rem R Aba±emen~ $ ~.00 9-12 BOILERMAKER Page 5 Prevailing Ra±e Scheoule New York S±a±e Oepar±men± of Labor .................................. Case Numbec .................................. 0003553 SUFFOLK 1999A HAGES(per hour) 7/01/1999 Boilermaker ( 7-hour day ) ............. $ 33.00 Boilermaker ( 8-hour day ) ............. $4.95 OVERTIME PAY: See ( Ct 0 ) on OVERTIME PAGE for 7-hour day. See ( D, 0 ) on OVERTIME PAGE for 8-hour day. HOLIDAYS: PAID: See ( 8, 16, 23, 24 ) on HOLIDAY PAGE. UVE~IIME: See ( q, 6, 11, 12~ 15, 25 ) on HOLIDAY PAGE. LABOR DAY, if worked, a± quadruple ra±e. APPRENTICES: ( 1/2 ) year terms a± ±he following percentage of journeyman's ls± 2nd 3rd 4th 5th 6th 7th 8±h 6OZ 65% /O~ 75% 80% 85% ~UZ ~bZ SUPPLEMENTAL BENEFITS: (per hour worked) $ 3.96 plus 47% of wage rate CARPENTER WAGES(per hour) 7/01/1999 Building: Millwright ........... $ 51.58 OVERTIME PAY: See ( B, E, E2~ Q ) on OVERTIME PAGE. : See 18, 19 ) on HOLIDAY PAGE. OVERTIME: See 5' 6' 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. ~PPRENT~CES: ( 1 year terms at the following percen±age of Journeyman's wage. SUPPLEHENTAL BENEFITS:(per hour paid) Journeyman $ 25.89 Appr 1st term 15.94 Appr 2nd term 17.35 Appr 5rd term 19.42 Appr 4th term 21.53 9-7q0 CARPENTER Prevailing Rate Schedule NeH York State Department of Labor ................................ Case Number ............................. 000~553 SUFFOLK 1999A NAGES(per hour) 7/01/1999 Carpet/Resilient Floor Coverer ......... $ 30.30 OVERTIME PAY: See ( HOLIDAYS: FAIO: PAID: OVERTIME: APPRENTICES: 1st. Znd. qO% B, E, Q ) on OVERTIME PAGE. See ( 18, 19 ) on HOLIDAY PAGE. See ( S, 6, 11, 13, 16, 18, 19, 25 ) for 1st A 2nd yr. Apprentices See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. ( 1 ) year terms at the folloNing percentage of Journeyman's Hage. 3rd. qth. 6b% 80X SUPPLEMENTAL BENEFITS:(per hour worked) - See BeloH. 9-2287 CARPENTER NAGES(per hour) 7/01/1999 Piledriver ........... $ 31.55 Dockbuilder .......... 31.55 OVERTIME PAY: HOLIDAYS: PAID: PAID: OVERTIME: APPRENTICES: Ha e. lsd. 2nd. 3rd. 50% 65% SUPPLEMENTAL BENEFITS: See ( B, E2, 0 ) on OVERTIME PAGE. See ( 18, 19 ) on HOLIDAY PAGE. See ( 5, 6, 11, 13, 16~ 18, 19, 25 ) for ls± & 2nd yr. Apprentices See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. ( 1 ) year terms at the ~ollowing percentage of Journeyman's qt6. (per hour paid) - See Below. 9-1456 CARPENTER NAGES(per hour) 7/01/1999 Marine Cons±ruc±ion: Marine Diver .......... $ 38.79 " " Tender .... 28.67 OVERTIME PAY: See ( B, E, E2, q ) on OVERTIME PAGE. HOLIDAYS: HA10: See ( 18, lg ) on HOLIDAY PAGE. Page 7 Preva±ling Rate Schedule New York S±a±e Depar±men± of Labor .................................. Case Number .................................. 0005553 SUFFOLK 1999A PAID: See ( 5, 6, 10, 11, 13, 16, 18, 19 ) for is± ~ 2nd yr. Appren±ices OVERTIME: See ( 5, 6, 10, 11, 13, 16, 18, 19 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour paid) - See BeloH. 9-1456/D CARPENTER NAGES(per hour) Timberman ......... 7/01/1999 28.55 OVERTIME: See ( B, HOLIDAYS: PAID: See PAID: See OVERTIME: See APPRENTICES: ( 1 wa e. lsd. 2nd. Sr~. q±h. qU% b0% 65X 80% SUPPLEMENTAL BENEFITS:(per hour paid) E, E2, q ) on OVERTIME PAGE. 18, 19 ) on HOLIDAY PAGE. 5, 6, 11, 13, 16, 18, 19, 25 ) for ls± 8 2nd yr. Appren±ices B, 6, 11, 15, 16, 18, 19, 25 ) on HOLIDAY PAGE. year ±erms a± ±he following percentage of Journeyman's - See Below. 9-1556H CARPENTER The following Supplamen±al Benefi±s apply ±o ±he preceding Carpen±er categories and/or Occupa±ional ~i~les unless o±herwlse no±ed. 7/01/1999 SUPPLEMENTAL BENEFITS:(per hour paid) Journeyman $ 21.65 Apprentices 15.35 9-NYC/Supp CARPENTER NAGES [per hour) Building: Carpenter ............... Heavy/Highway: Carpen±er ............... OVERTIME PAY: See HOLIBAYS: 07/01/1999 $ 29.13 $ 29.13 ( B, E, q ) on OVERTIME PAGE. Page 8 PrevaiIing Ra±e Schedule New York Sta±e Oepar±men± of Labor ........................... Case Number ............................ 0003553 SUFFOLK 1999A PAID: See ( 1 1)~I~TIME: See APPRENTICES : 1st yr 2nd yr ~rd yr qth yr on HOLIDAY PAGE. 5, 6, i0, 16 ) on HOLIDAY PAGE. 1 ) year terms a± the following wages. Heavy/Highway Building $ 11.65 $ 11.65 16.02 16.02 18.93 18.93 23.30 23.30 SUPPLEMENTAL BENEFITS:(oer hour ~orked) Journeyman $ 20.59 Appr Is± R 2nd terms lq.31 Appr ~rd 8 qth terms 20.59 q-SUF ELEVATOR WAGES (per hour) 7/01/1999 Elevator Construc±or ..... $ 34.q15 "Modern. 8 service... 28.575 Appren±ice: 1~% 2nd 60X OVERTIME PAY:CONSTR. See ( C, 0 ) on OVERTIME PAGE. UVkNrIME P~Y:MODERN./SERV. See ( B, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6z 7, ii, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, ll~ 16 ) on HOLIDAY PAGE. SUPPLF, MENTAL BENEFITS:(per hour worked) Journeyman/Apprentice: Cons~ruc±ion $ 10.855 Modern./Service 10.705 (6) monfh ferms a± ±he following percen±age of Jounneyman's wage. ~rd 4~h 5~h 6±h 7~h 8th 9±h lO±h 6b% ZO% 75% 75% /hZ /hZ 75% /hZ 9-I GLAZIER WAGES(per hour) Glazier .............. $ 7/01/1999 28.25 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE. HOLIOAYS: PAID: See ( I ) on HOLIDAY PAGE. Page 9 Prevailing Rate Schedule ~ew York S±a±e Oepar±ment of Labor .................................. Case Number .................................. 0003553 SUFFOLK 1999A OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms ak the folowing percen±age of Journeyman's ls~ 2nd 3rd qth Sb% 45% 60% 80% SUPPLEMENTAL BENEFITS:(per hour Horked) Journeyman $ 17.21 Appr is± ±erm 8.61 Agpr 2nd ±erm 10.07 Appr 3rd ±arm il.14 Appr ~±h ±arm 12.50 9-1087 (DC9 NYC) ELECTRICIAN WAGES (per hour) 7/01/1999 4/29/2000 Electrician ............ $ 34.25 $ 35.25 Fire Alarm ............. 34.25 55.25 Audio/Sound ............ 34.25 55.25 OVERTIME PAY: See ( B, Q, V~ ) on Over±ime Page. NOTE: ON NEH YORK STATE DEPARTMENT OF TRANSPORTATION AND OTHER GOVERNMENT MANDATEO WORK WHEN OFF SHIFT WORK IS REQUIRED,THE FOLLOWING PREMIUM RATES OF PAY SHALL BE IN EFFECT; 7/01/1999 SWING SHIFT 4:30 P.M.to 12:30 A.M ..... $ 40.19 GRAVEYARD SHIFT 12:50 A.M.±o 8:A.M ........ q5.01 HOLIDAYS: PAID: See ( 1 UV~H;IME: See APPRENTICES: ( 1 SUPPLEMENTAL BENEFITS: 4/29/2000 $ 41.36 46.33 on HOLIDAY PAGE. 5, 6, 16, 25 ) on HOLIDAY PAGE. year ±erms at ~he ~olloHing percen±age of Journeyman's ~h 5±h 6±h 50% 60% 70% (percen±s based on gross wages-o±hers per hour) 7/01/1999 4/29/2000 Journeyman 45.5% + 43.5% + $ 5.45~ $ App is± yr 15% + 15% + $ 3.13~ $ S.33~ App 2nd yr 15% + 15% + $ 3.13~ $ 3.33~ App 3rd yr 43.5~ + 43.5X + Page 10 Prevailing Rate Schedule New York State Department of Labor ............................... Case Number ............................... 00035~3 SUFFOLK 1999A App qth yr App 5th yr App 6±h yr PUMP & TANK WORK JOURNEYMAN ....... OVERTIME~ See ( B, HOLIDAYS: Paid ( 1 Overtime ( 5, 6, 9, q3.5% + q3.5% + q3.5X + q3.5% + 43.5X + q3.5~ + 7/01/1999 6/01/2000 $29.22 $30.10 E, Q ) on OVERTIME PAGE. 16, 25 ) on HOLIDAYS PA6E. 6/01/2002 $31.30 Apprentices: One ( 1 ) year ter~s a± ±he folloHing percent of journeymans rate. Ist 2nd 3rd qth 5th 40% 50% 60% 70% 85% Supplemen±al Benefits : pen hour worked. 50 1/2Z of hourly rate q-25 ELECTRICIAN For u±ility dis±ribution & transmission line construction. WAGES (per hour) Oq/Oq/1999 10/05/1999 Lineman / Splicer ....................... ~ 30.50 N Sl.O0~ Material Man ............................ 26.54 26.97 Heavy Equip. Open ....................... 24.40 24.80 Groundman ............................... 18.50 18.60 Flagman ................................. 15.75 15.95 OVERTIME PAY: See ( B, Q ) on OVERTIME PAGE. ~See ( 1 ) on HOLIDAY PAGE. t~IME: See ( 5, 6, 8~ 9. 10, 11, 16 ) on HOLIDAY PAGE. ~ APPRENTICES: 1000 hour periods at the following percentage of journeyman,s , nd. 4tb. 7th 60% 70% lb% 8~% 90% SUPPLEMENTAL BENEFITS: (percents based on gross ~ages-others per hour) 04/04/99 10/05/99 15 % + 15 % + Page ll Prevailing Ra±e Schedule ~ew York S±a±e Depar±men± of Labor .................................. Case Number .................................. 0003553 SUFFOLK 1999A q-lOq9 line ELECTRICIAN Applicable ±o elec±rical main±enance of exis±ing elec±rical sys±ems including, bu± no± limi±ed ±o, ±raffic signals and s±ree± ligh±ing. NAGES (per hour) 7/01/1999 Elec±rician $ 27.50 OVERTIME PAY: See ( B, H~ ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16~ 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ~erms a± ±he following wage. is± 2nd 3rd q±h 5th qO% bO% 60% /0% 80% SUPPLEHENTAL BENEFITS: (per hour worked) $ ii.98 TREE TRIMMER - Line Clearance Specialis* NAGES (per hour) OVERTIME: See ( B, E, P, HOLIDAYS: PAID: See ( 5, 6, 8, 7'/01~1999 01/03/2000 12/30/2000 $ 19.02 $ 19.50 ~ 19.99 T ) on OVERTIME PAGE. 9, IO, ii, i6, ) on HOLIOAY PAGE. OVERTIME: See ( 5, 6, 8, 9, lO, 11, 16, ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 3.37 + $ 3.87+ $ 4.12+ 12.5 % 12.5 % 12.5 % fi-25m 01/06/2002 $ 20.fiq $ 4.57+ 12.5 % 4-1049 IRONHORKER WAGES(per hour) 7/01/1999 Page 12 Prevailing Rate Schedule New York State Depar±ment of Labor ............................... Case Number SUFFOLK 1999A S±ructural ........... $ 37.70 Rlg~ers .............. 37.70 Machinery Movers ..... 37.70 " " Erectors... 37.70 OVERTIME PAY: See ( B, E~ q, V ) on OVERTIME PAGE. ~ for Is± 8 hours, double time thereafter. HOLIDAYS: PAIU: See ~ 18, 19 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 18, 19 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following wage. is±. 2nd. 3rd. 4th. 5th. 6th. $ 20.bb 21.15 21.lb 21.75 21.75 21.15 SUPPLEMENTAL BENEPITS:(peP hour worked) Journeyman $ 22.33 Apprentices 17.88 9-q0/361 IRONWORKER WAGES(per hour) 7/01/1999 Reinforcing 8 Melel La±hzng .......... $ 51.45 OVERTIME RAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 13, 18, 19 ) on HOLIDAY PAGE. APPRENTICES:( 1 ) year ±erms e± the ~oliowing wage re±es. Is± Znd 5rd 4±h $16.00 $18.88 $ZI.86 $24.82 SUPPLEMENTAL BENEFITS:(Der hour worked) Journeyman $ I7.48 Appr is± ±erm 10.68 2nd ±erm 11.68 Srd term 13.68 4±h ±erm 16.68 9-46 IRONWORKER WAGES(per hour) 7/01/1999 Ornamental ............. $ 34.04 Page 13 # PrevaiIing Ra±e ScheduIe New York State Department of Labor .................................. Case Number ................................... 0003553 SUFFOLK 1999A Chain Link Fence ....... 3q.04 Guiderail Installation. 34.04 OVERTIME RAY: See A, Ol, E*, q, V ) on OVERTIME PAGE. ~Oouble time al±er 7 hours on Saturday. HOLIDAYS: PAIU: See ( i on HOLIDAY RAGE. OVERTIME: See 5, 6~ 8 ) on HOLIDAY RAGE. APPRENTICE (1/2 ) year terms at the following percentage of Journeyman's lsd. 2nd. 3rd. qth. 5th. 6th. 60% 65% 70% 80% 8b% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Journeymen $ 18.26 Appr 1st term 16.17 Appr 2nd term 16.q3 Appr 3rd term 16.69 Appr 4th term 17.22 Appr 5th term 17.48 Appr 6th term 18.00 9-580 LABORER WAGES (per hour) Building Laborer: Except Aba±ement ...... For Abatement See Below OVERTIME PAY: See ( A, F, E2 ) on OVERTIME PAGE. HOL[OAYS: PAID: See ( I ) on HOLIDAY PAGE. O~IME: See ( 5, 6, 10 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ l~.9B Abatement Only: ................ $ 22.00 Supplemental Benefits ~ per hour Horked ) ............ $ q. O0 7/01/1999 $21.28 + $1.59 addit.(Alloca±ion to be determined) 4-66 LABORER - HEAVY/HIGHWAY Laborer (Heavy/Highway): Group # 1: Asphelt Rakers end Formset±ers. Group # 2: Asphalt Shovelers, Roller Boys and Tampers. Page iq Prevailing Ra±e Schedule NeH York State Bepar±ment of Labor ................................. Case Number ............................. 0005553 SUFFOLK 1999A Group ~ 3: Basic Laborer, Power Tool, Trackmen, Landscape, Pipelayer, Jackhammer and Concrete. WAGES (per hour) 7/01/1999 Heevy/HighHay Laborer: Group ~ 1 ............. $ 25.67 Group ~ 2 ............. 26.08 Group ~ 3 ............. 23.12 NOTE: PREMIUH PAY 20X on straight time hours for NEH YORK STATE B.O.T and other GOVERNMENTAL MANBATEB off-shif± work. OVERTIME PAY: See ( B, F, E2 ) on OVERTIME PAGE. HOLIDAYS: PA£U: See ( i ) on HOLIDAY PAGE. OVERTIME: See ( 1 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 12.87 ($ 5.05 after 40 regular hours} q-1298 MASON-Buildino WAGES(per hour) Building: Marble/ Sawyer, Rubber & Polisher ............ Marble Restoration 7/01/1999 1/01/2000 29.85 29.98 Finishers ............. lq.82 15.07 OVERTIME PAY: See ( A, E, Q, V ) on OVERTIME PAGE. PAID HULIDAY: Journeymen receive 1/2 days pay for Labor Bay. Cleaner. Mazn±enance and 1ST three terms of Apprentices See ( 5, 6, 11, 15 ) on HOLIDAY PAGE. All o~hers See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 11, 15 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at Aha ~0110Hing percen±age of dourneyman's ls~ 2nd 5rd qth 5th 6±h 7th 8~h 50X 55X 6OX 65% 70% 80% 90% 95% SUPPLEMENTAL BBNEFITS:(per hour worked) Journeyman $ 12.55 Cleaner/Maintenance 2.~0 Appr 5.80 + wage percentage of ~ 6.09 9-7/24 MASON - Building Page 15 Prevailing Ra±e Schedule New York State Department of Labor .................................. Case Number .................................. 0003553 SUFFOLK 1999A WAGES(per hour) 7/01/1999 Building: Bricklayer .......... $ ~1.73 OVERTIME PAY: See ( A, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( i ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hour ) terms at the following percentage of Journeyman's ls± 2nd 3rd q±h 5TH (500 Hfs) 6TH (500 Hrs) bOX 6OX /0% 80% SUPPLEMENTAL BENEFITS:fper hour worked) Journeyman $ 15.q6 Appr 8.28 9-1Brk- MASON-Buildinq Unit Pavinq Work~ ~ Shell include but not limited to: fired clay brick pavers, pre-cast con- crete slabs (london walks), pressed concrete pavers~ cobble stone, all types of flagging, asphalt concrete pavers- asphaltzc cement sand and stone eggregate, unit safety surface. WAGES(per hour) 7/01/1999 8/01/1999 Journeyman .............. $ 23.72 addit. Apprentice ( one year term ) .... 20.07 .70/hr. 0VE~TIHE PAY: See ( B, E, Q ) on OVERTIME PAGE. HULID~:^v"- See ( i ) on HOLIDAY PAGE. OVERTIHE: See ( 5, 6, 25 ) on HOLIDAY PAGE. SUPPLEHENTAL BENEFITS:(per hour worked) Journeyman $ 10.76 Appr 5.98 9-1 Paver PLASTERERS - SKIMCOATING WAGES(peP hour) 7/01/1999 Journeymen ........... $ 26.~1 OVERTIME PAY: See ( C, E2, 0 ) on OVERTIME PAGE. Page 16 Pmevailing Rate Schedule New Yoek State Oepac±ment of Labor ............................... Case Numbem ............................. 000~553 SUFFOLK ]999A HOLIDAYS: PAI0: See ( 1 } on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 15, 18 , 19 , 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year ±erms at the following percentage of journeyman's Nage. 1st 2nd 3rd qth 5th 6th q0% qbZ 55Z 60Z IOZ ?5Z SUPPLEMENTAL BENEFITS:(per hour worked) dournayman $ 12.65 Appr Same percentage 9-530 MASON - Poin±er/Caulkar/Claaner WAGES(per hour) Pointer, Cleaner,& Caulker (Mason) ..... OVERTIME PAY: See ( B, H ) HOLIDAYS: 7/01/1999 27.16 on OVERTIME PAGE. PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25, 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates. 1st Znd 3rd qth $1Z.Zb 18.25 19.15 23.00 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 11.75 Appr ls± term 2.50 Appr 2nd ±arm 2.75 Appr 3rd term 4.50 Appr qth term 6.50 9-1PCC MASON WAGES(per hour) 7/01/1999 Cement Mason ......... $ 33.25 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 13, 25 ) on HOLIDAY PAGE. Page 17 · Prevailing Ra~e Schedule New York S±a~e Oepar±ment of Labor .................................. Case Number .................................. 000~553 SUFFOLK 1999A APPRENTICES: ( 1/2 ) year terms a± the following percentage of Journeyman's Is± 2nd ~rd ~±h 5th 6th 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) $ iq.lq 9-780 MASON - Buildinm WAGES(per hour) Building: Plasterer ............ 7/01/1999 29.27 OVERTIME PAY: See ( A~ G~ P~ V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( i ) on HOLIDAY PAGE. OVERTIME: See ( S, 6, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of ~ourneyman~s is± End 5rd 40% ~% 80% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 12.25 Appr 1st three months 0.00 Ali o~her Appr 12.25 9-202P MASON-Buildinq HAGES (per hour) 7/01/1999 BuiIding: Mosaic ~ Terrazzo Horker...$ $1.58 " Helper...$ 50.07 OVERTIME PAY: See ( A E, Q, V~ ) on OVERTIME PAGE. ~ $ 5.q~ added to supplements. HOL~:See, n^v¢ ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 15, 16, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) $ 15.85 Page Prevailing Ra~e Schedule New York Sta±e Department of Labor .............................. Case Number 0005553 SUFFOLK 1999A 9-7/3 MASON - Build±hq HAGES(pe6 hour) Building: Tile Layep ........... $ 7/01/1999 11/01/t999 30.26 31.26 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See I 5, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hr)terms at the ~ollowing percentage o{ journeyman's wage. 1st 2nd 3rd qth 5th 6th bbX 65X 75X 85X 9bX SUPPLEMENTAL BENEFITS:(per hour worked) $ lq.32 lq.82 9-7/52 MASON - Buildinq WAGES(per hour) 7/01/1999 Building: Tile Layep Helper & Finisher ....... $ 25.7q OVERTIME PAY: See ( A, E, Q ) ON OVERTIME PAGE. HOLIOAYS: HAIU: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, lO, ii, lB, SUPPLEMENTAL BENEFITS:(per hour worked) $ il.08 12/01/1999 26.2q 16 ) on HOLIDAY PAGE. 11.23 9-7/88 IRONWORKER WAGES(per hour) 7/01/1999 Derrickman/Rigger .... $ 30.59 + $1.59 Addle. (Allocation to be de±ermined) OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: Page 19 · Prevailing Ra±e Schedule New York State Depar±men± of Labor .................................. Case Number .................................. 0003553 SUFFOLK 1999A PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year ±arms a± ±he following percen±age of journeyman's ls± 2nd 3rd q±h 5±h 6±h 50% 60% 70% 80% 90% 90% SUPPLEMENTAL BENEFITS:(per hour ~orked) $ 22.6q 9-197 MASON - Buildinq WAGES(per hour) 7/01/1999 1/01/2000 Building: Marble Cutters & Setters ............. $ 33.73 3Q.88 OVERTIME PAY: See ( B, O, V ) on OVERTIME PAGE at±ached. R~ID HULIDAY: Journeymen receive 1/2 days pay for Labor Day. Appren±ices 1St three terms See ( 5, 6, 8, 11, 15 ) on HOLIDAY PAGE, Plus any day following a Thursday or Sunday Holiday. All others See ( 1 ) on HOLIDAY RAGE. OVERTIME: See ( 5, 6, 8, 11, 15, ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's 1st 2nd 3rd qth 5th 6±h 50% 55X 65% 70% 8OX SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 15.65 Appr 5.90 + wage'percentage of $ 9.75 9-7/4 MASON-Buildina HAGES(per hour) 7/01/1999 Marble-Riggers, Crane 8 Derrickman...$ 27.72 1/01/2000 28.72 OV~IIM~ PAY: See ( C, O, V ) on OVERTIME PAGE. PA~O HOLIDAY: 1/2 Day for Labor Day. UVERIIME: See ( S, 6, 8, 11, 15, 25 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) Page 20 Prevailing Rake Schedule New York S±@~e Oepmn±men± of Labor ............................. Case Number ............................. 0003553 SUFFOLK ]999A 16.87 16.82 9-7/20 PAINTER AND DRYWALL FINISHER NAGES (per hour) 7/01/1999 Brush, Paper Hanger,Taper $ 26.05 S±ruc±urai S±eel ......... 33.65 Spray, Sceffold,Sandbles± 28.q7 Repein±/Renova±ion ....... 20.89~ ~Addi±ional $2.00 per hr. for Hanging Scaffold~ Spray, Sandblas±ing, and Rolling Scaffold 20' and over. Lead Aba±emen± ak same rake as classiflca±ion. OVERTIME PAY: See ( A, E, K ) on OVERTIME PAGE. OVERTIME PAY-Repein±/Renova±ion: See ( B ) on OVERTIME PAGE. HOLIDAY: ~ See ( 1 ) on HOLIDAY PAGE. UVbNIIME: APPRENTICES: Brush Scaff./SB S±ruc.S±l. Rp±/Ren. SURPLEMENTAL BENEFITS: Rp±/Ren. Journeyman All o±her Journeyman Appr ls± Year Appr all o±her terms See ( 5, 6 ) on HOLIDAY PAGE. ( I )IS± year termsdat2n the3rd following rakes. $ 10.75 16.01 19.11 ll.8q 17.62 21.09 12.9q 19.2~ 25.08 10.75 16.01 19.11 (per hour worked) $ 15.67 15.67 q.76 lO.lB ~-1486 PLUMBER ~AGES (per hour) Plumber .............. OVERTIME PAY: See ( A, 0 ) 7/01/1999 10/31/1999 $ 53.65 $ $4.15 on OVERTIME PAGE. ~ See ( 1 ) on HOLIDAY PAGE. t)~'~i'IME: See ( 5, 6, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms ak the following percen±ages of Journeyman's Page 21 , Prevailing Ra±e Schedule Ne~ York S±a±e Oepar±men± of Labor .................................. Case Number ................................... 0003553 SUFFOLK 1999A is± 2nd 3rd q±h 5th 50% 65% 70% /5% SUPPLEMENTAL BENEFITS: (per hour worked~) Journeymen $ 15.63 $ 15.90 Appr is± ±erm 9.26 9.~2 Appr 2nd ±erm lO.3q i1.07 Appr 3rd ±erm 10.95 11.25 Appr ~±h ±erm ll.6q 11.95 Appr 5th term 12.02 12.53 ~Sunday and Holiday Benefi±s paid a± Double Time ra±e. PUMP 8 TANK WORK Journeyman ................. $ 28.50 Overtime: ( B, E, Q ) on Over±ime Page. Holidays: Paid ( i ) Over±ime ( 5, 6, 9, 10, 16 ) on Holiday Page. Apprentices: One year terms at the following percen± of Journeyman,s rate. 1st 2nd 3rd qth qO% 50% 60% 70% Supplemen±el Benefi±s ; per hour worked. Journeyman ................. $ iq,Ti App. 1st yr ................... 6.06 App. 2nd yr ................... 7.37 App. 3rd yr ................... 8.83 App.' Ath yr .................. i0.29 4-200 STEAMFITTER WAGES(per hour) 7/01/i999 Steam Fitter .......... $ 35.30 Sprinkler Fit±er ...... 35.30 For Hork on Temporary Hea± & Air Conditioning ....... $ 25.88 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PASO: See ( i ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, ii, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms a± the following percentage of Journeyman's 1~. 2nd. 3rd. ~th. 5th. AU% 50% 65% 80~ ~b% SUPPLEMENTAL BENEFITS:(per hour paid) Pagm 22 Prevailing Rede Schedule New York S±a±e Oepar~men± of Labor .................................. Case Number ............................ 000555~ SUFFOLK 1999A For Hork on Temporary Hea± 8 Air condi±ioning Appren±ices $ 17.50 + .3q per hour Norked lq.q9 + .3q per hour worked ±rrm percen±ege of 17.50 plus .3q per hour worked 9-638A STEAMFITTER WAGES(per hour) 7/01/1999 S±eamfit±er ......... $ 22.30 Refrigera±ion, A/C, Oil Burner and S±oker Service and Ins±alia±ions, limi±ed on Refrigere±ion ±o combined compressors up ±o five (5) horsepower, and on A/C Her±lng and ASr Cooling ~o combined compressors up ±o ±er (10) horsepower. OVERTIME PAY:See ( B, E, Q~, S~ ) on OVERTIME PAGE. HOLIDAYS: PAIU: See ( 2, 6, 9, 10, 11, 15, 17, 26, Memorial Day ) on HOLIDAY PAGE. OVERTIME: ~ ( 2, 6, 9, 15, 17 ) ~ ( 10, 11, 26, Memorial Day ) APPRENTICES: ( 1 ) year ±erms a± ~he following wa:e. ls± 6 mo 2nd 6 mo 2nd yr 3rd yr yr $6./Z 10.B5 13.Oq 15.19 18.31 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 8.08 Appr is± ±erm 7.00 Appr 2nd ±rrm 6.56 Appr ~rd term 6.01 AppP qth ±erm 5.56 9-658B ROOFE~ NAGES (per hour) 7/01/1999 Roofer/He±erproofer ..................... $ 25.50 OVERTIME ~-New Roof: See ~,A~,E q ) on OVERTIME PAGE. OVERIINb PAY-Retool: See ( ~ ) on OVERTIME PAGE. HOLIDAYS: PA1U: ~ee ( I ) on HOLIDAY PAGE. O~E~TIME: See ( 5, 6, 10, 13, 16 ) on HOLIDAY PAGE. Page 23 · Prevailing Rate Schedule New York StaKe Depot±men± of Labor .................................. Case Number .................................. 0003553 SUFFOLK 1999A APPRENTICES: ( ls± 2nd 3rd qth qOZ 5DZ 70Z 8OZ SUPPLEMENTAL BENEFITS: [per haut worked) Journeyman Apprentices 2nd 4±h 1 ) year terms aK ±he following percentage of journeyman,s Mage 17.57 2.00 3.75 9.$7 13.91 q-15q SHEETMETAL WORKER WAGES (per hour) Shee±me±al Worker .... 07/01/1999 $ 31.89 For Temporary Operation or Main±.of Fans and Decking ~ Siding Work: ........ 80% Of Sheetmetal Worker Rate. OVERTIME PAY: See ( C. E2, O~ V ) on OVERTIME PAGE. ( D, E2, O, V ) for FAN MAINT.-DECKING & SIDING. HO~OAYS: ~ See ( 1 ) on HOLIDAY PAGE. 09~IME: See [ 5, 6, 11, 12, 15, 25, 26 ) on holiday page. APPRENTICES: ( 1/2 ] year terms at the following percent of journeyman rate 1st · 2nd 3rd 4th 5th 6±h 7th 8th 702 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $ 19.91 Appr 1st term 5.5~ Appr 2nd term 6.q6 Appr ~rd term 7.31 Appr qth term 8.52 Appr 5th term 9.ql Appr 6th term ll.BB Appr 7th term 13.18 Appr 8th term 15.56 A-28 WELDER Welder... To be paid the rate of ±he mechanic performing the Hork. TEAMSTER-Buildinq Page 2q Prevailing Rate Schedule NeH York State Oepartment of Labor ............................... Case Number ......................... 0003553 SUFFOLK 1999A Truck Driver (Building and Heavy/HighHay/: GROUP 1: Chauffeur and Excave±ion. WAGES (per hour) 7/01/1999 Truck Driver (Building and Heavy/HighHay): Group 1 ................. ~ 26.955 Drivers of three-axle tractors 8 trailers, $4.00 per day additional, Drivers of heavy equipment 8 ±agalong trailers, $10.00 per day additional. Drivers of boom trucks, 98.00 per day additional. OVERTIME PAY: See ( B, E, R ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 5, 6~ 16, 25 )~ on HOLIDAY PAGE. ~IME: See ( 5, 6, 16~ 25 )~ on HOLIDAY PAGE. N must work tho drys in holiday Meek. SUPPLEMENTAL BENEFITS: (per hour Morked) STRAIGHT TIME ............ $ 18.0025 OVERTIME ................. 9.q0375 4-282nsh TEAMSTER- Demolition/Debris, Asbestos/Toxic Haste WAGES (per hour) 7/01/1999 Truck Driver, Chauffeur or Loader/Operator S±right Jobs ........... $ 20.$5 Trailers ............... 20.65 OVERTIME PAY: See ( B, L, S, S1,) on OVERTIME PAGE. )See ( 5, 6, 7~ 8, 11, 12, 26 ) on Holiday Page. (~) Mus± Honk ±wo days in Holiday week SUPPLEMENTAL BENEFITS: (per hour worked) Strzgh~ ~[me $ 12.~5 Additional ~or Overtime ~.7q q-282.Demo SIGN ERECTOR WAGES (per hour) Sign Erector ......... Plas±ic Mechanic.. 7/01/1999 24.65 19.72 Rage 25 Prevailing Ra±e Schedule New York Ste±e Depar±men± of Labor .................................. Case Number ................................... 0005553 SUFFOLK 199gA OVERTIME PAY: See ( A, H ) on OVERTIME RAGE. HOLIDAYS: PAID: See ( 5,(6,,10,56~ 11, 12, 16 ) on HOLIDAY PAGE. OVERTIME: See 10, 11, 12, 16 ) on HOLIDAY PAGE. APPRENTICES: (1) year ±erms a± ±he folloMing percentage of Journeyman's Is± 2nd 3rd qth 5±h $5% q5% bb% 65% 75% SUPPLEMENTAL BENEFITS: Journeyman $ q.62 per hour paid + Appr is± yr Appr 2nd yr Appr 3rd yr Appr qth yr Appr 5±h yr 20 % of wage + $ 27.00 per day paid + $ 2.05 per day worked + $ 0.20 per hour Horked + Employee share of Soc. Sec. $ 1.958 per hour paid + 2% o~ gross wage + $ 0.20 per hour worked + $ 115.00 per month $ 2.44 per hour paid + 2% of gross wage + $ 0.20 per hour Horked + $ 115.00 per mon±h $ 2.922 per hour paid + 18% of gross wage + $ 2.00 per day paid + $ 0.20 per hour Honked $ 3.q0q per hour paid + 20% o~ gross wage + ~ q. O0 per day paid + 0.20 per hour worked $ 5.~68 per hour paid plus 20Z O~ gPoes Wage plus ~ ~.00 per day paid plus .20 per hour worked 9-137 PAINTER - S±ripinq Hiahwav HAGES(per hour) Pain±er (Striping-Highway): Striping-Machine Operator ....... " Helper .................... Linerman ....................... OVERTIME PAY: See ( B, E, P, S 7/01/1999 21.57 15.79 2q.09 ) on OVERTIME PAGE. Page 26 Prevailing Rate Schedule Ne~ York Sta~e Oepar±ment of Labor ................................ Case Number .................... 0003553 SUFFOLK 1999A HOLIOAYS: ~AID: Sea ( 2,(8 11, 12, 15, 16, 17, 20 )ON HOLIDAY PAGE. OVERTIME: See ~, 8, 11, 12, 15, 16, 17, 20, 21, 22 ) ON HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:{per hour paid) 22% o~ Hage + $0.50 9-8a/28a (230) SURVEY CREW - Buildinq NAGES:(per hour) Survey Rates-Building: Party Chia~ ......... Instrument Man ...... Rodman ............... 7/01/1999 30.01 25.60 17.q8 OVERTIME PAY: Sea ( A, Ex, Q, V ) ON OVERTIME PAGE. ~Oouble±lme paid on the 8th hour on Saturday. HOLIDAYS: PAIB: See ( 5, 6, 8, 11, 15,16,25 )on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 16, 25 )on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the ~ollowing Hage rates. 1st term $ 9.97 2nd term 14.14 SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $ 15.15 Apprentice 8.65 9-15Db SURVEY CREW - Heavv/Hiqhwav WAGED: (per hour) 7/01/1999 Survey Rates-Heavy/Highway: Party Chief ............. $ 29.1q Instrument Man .......... 25.ql Rodman .................. 20.65 OVeRTiME: See ( 8, EM, Q, V ) ON OVERTIME PAGE. ~Doubletime paid on the 9th hour on Saturday. HOLIDAYS: PAID: See ( 5 6~ 7,,11,7; 12 ) on HOLIDAY PAGE. OVERTIME: See 5, 6 11, 12 ) on HOLIDAY PAGE. APPrEnTICES: ( 1 ) year terms at the ~ollowing ~age rates. 1~ term $ 9.97 2nd term lq.lA Page 27 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number ................................... 0003553 SUFFOLK 1999A SUPPLEMENTAL BENEFITS Journeymen Apprentice (per hour paid) $ 15.15 8.65 9-15D-N/S CO. SURVEY CREW - Consul±inq Enaineer CONSULTING ENGINEER SURVEY Feasibility and preliminary design surveying~ line and grade surveying for inspec±ion or supervision of cons±ruction when performed under a Consulting Engineer agreement. WAGES:(per hour) Survey Rates: PaP±y Chief ......... Ins±rumant Man ..... Rodman .............. 7/01/1999 23.96 20.66 17.88 OVERTIME PAY: See ( B, EX, Q, V ) ON OVERTIME PAGE. ~Uouble±ime paid on the 9Gh hour on Saturday. HOLIDAYS: PAID: See ( 5~ 6, 7, 11, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6,7~ 11, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year Germs aG Ghe followlng wage rages. 1st term $ 9.87 2nd Germ iq.04 SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $ 9.BB ApprenGice 6.75 9-15dconsulG CORE DRILLING WAGES(per hour) 10/16/1998 10/16/1999 Core Drilling: Driller .............. $ 22.25 addiG. Helper ................ 18.72 $1.O0/hr.(AllocaGion Go be deGermined) NoGe: Hazardous WasGe Pay DifferenGial: For Level C, an addiGional $ 0.25 per hour For LevelB' an addiGional .75 per hour For Level A, an addiGional 1.00 per hour NoGe: When required Go Hork on Ha~er: an addiGional $ 0.25 per hour. OVERTIME PAY: See ( B, E, K~, P, R~ ) on OVERTIME PAGE. "0 i YS: : See ( S, 6 ) on HOLIDAY PAGE. Page 28 Prevailing Ra~e Schedule New York S±a±e Oepar±ment o~ Labor ................................ Case Number .......................... 000~553 SUFFOLK 1999A OVERTIME: N See I 5, 6 ) on HOLIDAY PAGE, ~ See ( 8, 10, 11, 15 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour ~orked) $ 7.69 9-1536 POWER EQUIPMENT OPERATOR - Heavy/Highway WAGES (per hour) 7/01/1999 8/01/1999 Nell Driller: Well Oriller:...~ ...... $ 23.61 $ 23.72 Well Driller Helper:... 21.07 21.10 OVERTIME PAY: See ( B, E, G, P ) on OVERTIME PAGE. HOLIDAYS: ~ ( 5,, 1~, 12, 16 ) on HOLIDAY PAGE. See (6~, o, 10, 12, 16 ) on OVERTIME PAGE. Appren±ices: ( 1 ) year ±erms a± ±he following Pa±es; lst.yr ............... $ 11.00 $ 11.00 2nd.yr ............... 12.50 12.50 5rd.yr ............... lq.50 lA.50 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ...... $ 8.$0 + $ 7.95~ + 10% o~ ra±e 10% o~ ra±e *over±ime $ 9.95 + 10% o~ ra±e Apprentice ...... $ 5.00 + 10% of ra±e 5.00 + 10% of ra±e q-l~8well POWER EQUIPMENT OPERATOR - Buildinq BU~OI~G,~ ~ASS 'A : Asphal± Spreader, Backhoe Crawler, Boiler, Borin~ Machine, Cherry Hzcker (over 50 ±ons). Concre±e Pump~ Crane, Derrick, Draglzne, Dredge, Gradall, Gradert Hois±, Loading Machzne (10 ~ds or more), Milling Machine, Pile Driver, Power Mznch-S±one Se~ng/S±ruc±ural S~eel/Truck Moun±ed, Powerhouse, Road Paver. Scoop-Carryall-Scraper in Tandem. Shovel, Sideboom Tractor, S~one Spreader (Sel~ Propelled), Tank Work, Tower Crane Engineer. ~LASS "B": Backhoe, 8oom Truck. Bulldozer, Broin~ Machine/Auger, Cherry zcker, Conveyor-Mul±i, Dinky Locomo±ive, Fork Lz~±~ Wois± (2 Drum), Loading Machine & Front Loader. Mulch Machine (Machine ~ed), PoHer Winches (All o±hers no± included in CLASS A), Asphal~ Roller. Hydraulic Pump wi±h Borin~ Machine, Scoop, Carryall, Scraper, Main±. Man on Tower Crane, Trenching Machzne, Vermeer Cu±±er, Work Boa±. Page 29 Prevailing Ra±e Schedule New York S±a±e Oepar±men± of Labor .................................. Case Number .................................. 0003553 SUFFOLK 1999A CLASS "C": Curb Machine, Main±enance Engineer (Small Equip. & Hell Poin±), Field Mechanic, Milling Machine (Small), Pulvi-Mixer, Pumps, Roller (Dir±), Var-All, Neldlng/Burning¢ Compressor (S±ruc±ural S±eel 8 2 or more in Ba±±ery), Concre±e Fini-shing Machzne. Concre±e Spreader, Conveyor, Curing Machine, Firemen, Hots± (One Drum), Ridge Cu±±er, Striping Machine, Welding Machine (S±ructurel S±eel A Pile Work). CLASS "D": Compressor (Pile, Crane, S±one Set±lng), Concrete Breaker/Saw Cutter, Work Lift (Halk Behind/Power Opera±ed)~ Generator (Rile Work), Hydra Hammer. Hand Opera±ed Mechanical Compec±ors, Rzn Ruller, Rot±able Hea±er, Power-Broom/Buggy/Grinders, Rumps-Single Ac±ion i to 5 inches/Gypsum/Double Ac±ion Diaphragm, Hand Trenching Machine, Welding Machine. Class "E": Ba±ching Plan±, Generator, Grinder, Mixer, Mulching Machine, Oiler, Pump (Cen±rifugal up ±o $ inches), Root Cu±ter, S±ump Chipper, Oiler on Tower Crane, Track Tamper, Trac±or, Vibrator, Deckhand on Work Boa~. WAGES (per hour) 7/01/1999 Class " A " ............... $ 31.16~ ~Add $3.00 for Hazardous Waste Honk Class" B " ............... 29.qB~ ~Add $2.00 for Hazardous Haste Honk Class "C" ............... 28.$6N ~Add $1.00 for Hazardous Waste Work Ciass " D " ............... 26.i1 Class "E" ............... 2q.99 ~Cranes : Boom length over 100 f~ot a~d $ 0.50 p~r h~ur " " 150 $ 0.75 " " " " 250 " " $ 1.00 " " " " " " 350 " " $ 1.50 " " OV~TIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIDAYS: PALS: See ( 5, 6, 7, 8, 11, 16 ) an HOLIDAY PAGE.~ ~must work day before ~ day after, or receive 2 hours per intermit±err day OVERTIME: See ( 5, 6, 7, 8, 11, 16 ) on HOLIDAY PAGE.~ APPRENTICE ........ $ 16.89 SUPPLEMENTAL BENEFITS: (per hour worked) $ 21.Oq Note Note: OVERTIME JOURNEYMAN $ 22.~0 -- APPRENTICE $ 13.0q Note No±e OVERTIME APPRENTICE $ 8.qO q-158 POHER EQUIPMENT OPERATOR - Heavy/Hiahwav IBAVY ~ ~IGHHAY: ~ASS A : Asphalt Spreader, Backhoe Crawler, Boiler, Boring Machine, Cherry zcker rover 50 ~ons). Concrete pump, Crane, Derrick, Draglzne, Dredge, Gredall, Grader( Hoist Loading Machine (10 yds or more). Milling Machine, Pile Driver, Power Hznch-Stone Sei~ing/S±ructural Steel/Truck Mounted, Powerhouse, Road Paver. Scoop-Carryall-Scraper in Tandem. Shovel, Sideboom Tractor, Stone Spreader (Self Propelled), Tank Work, Tower Crane Engineer,Track Alignmen± race 50 Prevailing Rate Schedule New York State Department of Labor ............................. Case Number 000355~ SUFFOLK 1999A Machine. CLASS B : Backhoe, Boom Truck~ Bulldozer, Boring Machine/Auger, Cherry Pzcker, Conveyor-Mul±i, Dinky Locomotive, Fork Lzft, Hoist (L Drum), Loading Machine and Front Loader, Mulch Machine (Machine fed), Power Hinches (All others not included in CLASS A), Asphalt Roller, Hydraulic Pump with Boring Machine, Scoop, Carryall, Scraper, Maint. Man on Tower Crane. Trenching Machine, Vermeer Cutter, Monk Boat. CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. 8 Hell Point) d Fzeld Mechanic, Milling Machine (Small), Rulvi-Mixer, Pumps, Roller (Dirtl, Var-All, Melding/Burning, Compressor (Structural Steel R 2 or more in aa±racy), Concrete Finishzng Machzne, Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist (one drum), Ridge Cutter, Striping Machine Melding Machine (Structural Steel 8 Pile Mork). CLASS "O": Compressor (Pile, Crane~ Stone Setting), Concrete Breaker/Saw Cut,ar, Monk Lift (Malk Behind, Power Operated), Generator (Pile Honk), Hydra Hammer. Hand Operated Mechanical Compactors, Pin Puller, Portable Heater, Po~er-Broom/Buggy/Grinders, Pumps-Single Action 1 to ~ inches/Gypsum/Double Action Diaphragm, Hand Trenching Machzne, Melding Machine. Class "E": Ba±ching Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Pump (Cen±ri~ugal up to 5 inches), Root Cutter, Stump Chipper, Oiler on Tower Crane, Track Tamper, Tractor, Vibra±or, Deckhand on Mork Boat. Class " F ": Lead Tec TV Crew. Class " G ": Net Out Tec. Class " H ": Technician. MAGES (per hour) 7/01/1999 Class "A" ............... ~Add $~.00 for Hazardous Waste Mork Class" B" ............. 29.82~ ~Add $2.00 for Hazardous Mas~e Hork. Class" C" ............. 28.69~ ~Add $1.00 for Hazardous Mas~e 'Honk. Class" O" ............. 26.q5 Class" E" ............. 25.32 Class "F" ............. 28.10 Class "G" ............. 28.10 Class" H" ............. 26.98 ~Cranes : Boom length over 100 f~o± a~d $ 0.50 p~r h~ur " " 150 ~ 0.75 " " " " 250 " " $ 1 . O0 " " " " " " ~50 " " $ 1.50 " " NOTE: PREMIUM PAY 20% on straight time hours for NEH YORK STATE D.O.T. and other GOVERNMENTAL MANDATED o~f-shift work. OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIDAYS: PAIO- See ( 5, 6, 8, 9, 10, 16 ) on Holiday Page.~ ~ ~work day be~ore & day a~ter or receive 2 bps per in±ermit±ant day OVERTIME: See ( 5, 6, 8, g, 10, 16 ) on Overtime Page.~ Page 31 , Prevailing Ra±e Schedule Ne~ York S±a±e Oepar±men± of Labor .................................. Case Number ................................... 0005553 SUFFOLK 1999A APPRENTICE ........ $16.89 SUPPLEMENTAL BENEFITS: (per hour worked) $ 21.Oq No±e No±e: OVERTIME JOURNEYMAN $ 22.q0 -- APPRENTICE ~ iE.0q No±e: OVERTIME APPRENTICE 8.40 ~-158 MARINE CONSTRUCTION WAGES (per hour) Hydraulic Dredge: Class A: Leverman ............. Engineer, Derrick Dp. Chzef Ma±e on Dredge. Class C: Main~. Eng ........... Ma±e ................. Boa± Cep±ain ......... Class D: Deckhand Fireman, Oiler ....... Shoreman ............. Tug Boa±s: Class A: Tug Mas~er ........... Tug Chief Engineer... Class C: Tug Cap±ain Tug Engineer Class D: Tug Deckhand ......... Dipper and Clamshell Class A: Opera,or ............. Engineer ............. Class C: Main~. Englneer ....... Ma±e ................. Boa± Mas*er, Welder.. Boa~ Cap±ain ......... Class D: Oiler ................ Deckhand ............. 7/01/1999 10/01/1999 25.18 $ 25.78 22.5q 22.61 22.01 22.28 21.85 22.07 20.$5 20.57 20.50 20.72 16.58 16.7q 17.25 17.59 16.58 16.7q 22.69 23.09 21.10 21.q7 22.69 25.09 21.10 21.63 16.80 16.96 ......................... Dredges: 25.6q 26.26 22.85 25.12 21.85 22.07 20.35 20.57 21.A9 21.7q 20.50 20.72 17.25 17.59 16.80 16.96 OVERTIME PAY: See ( B, F, R ) on OVERTIME PAGE. ~ See ( 5, 6~ 8, 10, 15 ) on HOLIDAY PAGE. b~tIME: See ( 5, 6, 8~ 10, 15 ) on Over±ime Page The following SUPPLEMENTAL BENEFITS apply ±o ALL classifica±ions of ~he above HYDRAULIC, DIPPER, CLAMSHELL DREDGES and TUG BOATS. Prevailing Rake Schedule New York S±a±e Depar±men± of Labor ................................. Case Number ............................. 0003553 SUFFOLK 1999A SUPPLEMENTAL BENEFITS: All Class A 8 B Ail Class C All Class o (per hour Horked) $ q.81 plus 8% of $ 4.51 plus 8% of plus OVERTIME $ 0.80 EXTRA OVERTIME $ 0.65 EXTRA OVERTIME $ 0.50 EXTRA q-25a MARINE CONSTRUCTION NAGES (per hour) Drill Boa±: Class A: Engineer .......... Blas±en ........... Orillen ........... Boa± Cap* ......... Class C: Heider/Machinis±.. Class D: Oiler/Helper ...... Oec~hand .......... Care Oriller ...... 16.ql 16.56 7/01/1999 $ 23.2q 23.51 23.25 19.3q 23.03 20.25 15.85 18.38 10/01/1999 $ 23.5q 23.81 23.55 19.53 23.30 20.q6 15.97 18.56 Helper ............ OVERTIME PAY: See [ B, P, R, ) on Over±ime Page. ~ See ( B, 8, 8, 10, 15 ) on Holiday Page. ~IME: See ( B, 6, 8, 10, 15 ) on Overtime Page. (par hour Harked) $ q.08 plus $ 4.38 plus wage 8% of wage of wage 8% of wage ~%3.11 plus $ 5.21 plus 8% of wage 8% of wage SUPPLEMENTAL BENEFITS: Class A & B Class C Class 0 0ver±ime Benefi±s Time and one half A & B add ................ C add .................... D add .................... Double Time A & B add ................ C add .................... O add .................... 1.06 $ 1.21 0.82 0.92 0.58 0.63 2.12 $ 2.q2 1.63 1.83 1.15 1.25 4-25/3 STA ;rE OF N F,W YORK . 'Nil~ _' BUREAU OF PUBLIC WORK DEPARTMENT OF LABOR ~ J~.~f~ STATE OFFICE BUILDING CAMPUS ALBANY, NY 12240 REQUEST FOR WAGE AND SUPPT,F~MENT INFORMATION AS REQUIKED BY ARTICLES 8 AND 9 OF THE LABOR LAW Submit this form for new schedules or for determination for additional occupations. Provide all information Requested Below SUBMI't-I'~D BY: [] CONTF~ACTING AGENCY [] PUBLIC WORK DISTRICT OFFICE DATE (CHECK ONE ) [] ARCHITECT OR ENGINEERING FIRM A. PUBLIC WORK CONTRACT TO BE LET BY: (Enter Data Pertaining to Contracting Agency) 1 Name and complete address (number, street, city or town, zip code) 2 [] N Y State Units [] 07 City [] 01 DOT [] 08 Local School District [] 02 OGS [] 09 Special Local District, i.e., [] 03 DORMITORY AUTHORITY Fire, Sewer, Water District [] 04 STATE UNIVERSITY [] 10 Village CONSTRUCTION FUND [] 11 Town 1-305 MENTAL HYGIENE [] 12 County FACILITIES CORR. [] 13 Other NOn-N.Y. State [] 06 OTHER N.Y. STATE UNIT (Describe) 3. SEND REPLY TO (NAME AND ADDRESS): TELEPHONE: ( ) B. PROJECT PARTICULARS 5. Project TITLE and/or description of work to be performed. Include contract identification number, if applicable 4. SERVICE REQUIRED. Check appropriate box and provide project information. [] New Schedule of Wages and Supplements. IAPPROXIMATE BID DATE [] Additional Occupation and/or Redetermination PRC NUMBER ISSUED PREVIOUSLY FOR I OFFICE USE ONLY TH S PROJECT I I 6. Location of Project: Location on Site Route No/~treet Address Village or City Town 7. Nature of Project - Check One [] 1. New Building [] 2. Addition to Existing Structure [] 3. Heavy and Highway Construction (New and Repair) [] 4. NewSewerorWaterline [] 5. Other New Construction (Explain) [] 6. Other Reconstruction, Maintenance, Repair or Alteration [] 7. Demolition [] 8. Building Service Contract 9. Name and Title of Requester County 8. OCCUPATION FOR PROJECT [] Construction (Building, Heavy HighwaylSewerANater) [] Tunnelling [] Residential I-I Landscape Maintenance [] Elevator maintenance [] Exterminators, Fumigators Signature [] Guards, Watchmen [] Janitors, porters, cleaners [] Moving furnitureand equipment [] Trash and refuse removal [] Window cleaners I-I Other (Describe) ~1~ Designations II II II II II II II II II OFFICE USE ONLY Locality Designations I I I I I I I I I I I I t I I I I I I I I I I I I I I I t I I I I SEE OTHER SIDE FOR LAWS RELA'nNG TO PUBLIC WORK CONTRACTS 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 public work project. This schedule may be obtained by completing and forwarding the Request for Wage and Supplement Information on the reverse side hereof. The prevailing rate schedule MUST be included in the specifications for the contract to be awarded and is deemed paR of the public work contract. Upon the signing of the contract, the Department of Jurisdiction MUST advise the Bureau of Public Work on a form supplied by the Bureau as to the name of the contractor to whom the contract was awarded, the date and the amount of the contract. A "Department of Jurisdiction" includes a state department agency, board or commission; a county, city, town or village; a school district, board of education or board of cooperative educational services; a sewer, water, fire, improvement and other district corporations, a public benefit corporation; and a public authority awarding a public work contract. WITHHOLDING OF PAYMENTS FROM CONTRACTORS: When the Bureau of Public Work finds that a contractor or subcontractor on a public work project failed to pay or provide the requisite prevailing wages or supplements, the Bureau is authorized by Sections 220-b and 235.2 of the Labor Law to so notify the financial officer of the Deparl~nent of Jurisdiction that awarded the public work contract. Such officer MUST then withhold or cause to be withheld from anypayment due the prime contractor on account of such contract the smount indicated by the Bureau of Public Work as sufficient to satisfy the unpaid wages and supplements, includinginterest and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until a final determination of the underpayment by the Commissioner of Labor or by the Court in the event a legal proceeding for review of the Commissioner of Labor's determination is instituted. The Department of Jurisdiction shall comPly with an order of the Commissioner of Labor or of the Court with respect to the release of the funds so withheld. STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS BUILDING 12- ROOM 130 ALBANY, NEW YORK 12240 - Notice to ALL Contracting Agencies - Your attention is directed to the following Amendment to Article 8, Section 220(3-a) of the NYS Labor Law: Assembly Bill Number 1839, entitled: "AN ACT to amend the Labor Law, in relation to signs posted at public works projects" APPROVED: This bill amends section 220(3-a) of the Labor Law to set forth specific requirements for signs at public work locations listing all prevailing wages specified in the contract. The bill mandates that such signs "be written in plain English and titled, in lettering no smaller than two inches in height and two inches in width," with the phrase "Prevailing Rate of Wages." The bill further require that the sign be weatherproof. The bill takes effect on March 6. 2000. Signed into law on September 7, 1999 Ensuring that workers receive the appropriate wage when working on public work projects is a core mission for the Department of Labor ("Department"). This bill will assist the Department in carrying out this mission by educating workers on public work projects as to the applicable wage and supplements for each project. On the reverse, please find the complete text of the Bill, which contains various other aspects of the law, which affect contracting agencies, contractors and sub- contractors working on public work projects. Text of Ne~v York State Bill A01839 STATE OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORK. REPRESENTED IN SENATE AND ASSEMBLY. DO ~NACT AS FOLLOWS: Section 1. Paragraph a of subdivision 3-a of section 220 of the labor 2 law, as amended by chapter 565 Of the laws of 199% ~s a~nded to zead 3 as follows: 4 a. It shall b~ the duty Of the department of lurisdiction as defined 5 in this section to ascertain from the plans and specifications the clas- 6 sification of workmen, mechanics and laborers to be employed on such 7 project. Such department shall file with the fiscal officer, as defined in this section, the classification Of workm~n, mechanics and laborers 9 to be employed upon such pt~blic works project, together with a statement 10 of the work to be ~rformed by each such classification Fr~ such 11 statement it shall be the duty of the fiscal officer to make a proper 12 classification of such workmen, mechanics and la,rets taking i~to 13 account whether the work is heav~ and hxghway, building, sewer and 14 water, tunnel wQrK or residential and to make a determination of the 15 schedules of wages and supplements to be paid or provsded, as the case 16 may be. therefor~ The contractor and every sub-co~tractor On public 17 works contracts shall poet in a pro~linent and accessible place on the 18 site {of the work} W~ERE TWE WORK IS PERFORMED a legsble statement of 19 all wage rates and supplements a~ specxfied in the contract to be ~aid 20 or provided, as the case may b~. for the various classes Of mechanics. 21 workingmen, or laborers employed on the work SUC~ ~OSTED STATEMENT 4 p~nalties of ~erjur~. sho, ing the hours and days ~orked by each workman. --6 rate paid and the supplement~ paid or provided, on the site of the work 12 such original payrolls or transcripts thereof, mubscribed and affl~d o ~r~ 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 wilt rake aff~rmabve acbon to ~nsure that they are afford6Cd equal employment opportumbes 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 ne has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representat-ive of the Contract,~'s agreem,, ent under clauses "a." through "h." hereinafter called "non-discriminatib'n 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. Seeding of Playing Field M-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 the Owners 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 OwnedContracting 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 the 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). Seeding of Playing Field M-2 COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS A. 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. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. B. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): Seeding of Playing Field N-1 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Nonsegregated 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 alt subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 US.C 1001. "During the performance of this contract", the Contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Seeding of Playing Field N-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." FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reports and Other Required Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date ofthe 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. Seeding of Playing Field N-3 1-12.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors. (1) (2) (3) 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: "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. In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covedng the delinquent period or such other period specified by the agency or the Director. A bidder or prospective prime contrac!or 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. Seeding of Playing Field N-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 Stock Number Title 100 7540-926-2049 Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENTSTANDARDS All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, byany 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 bases 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, ro dangerous to his health and safety as determined under construction, safety, and health standards premuigated 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. Seeding of Playing Field N-5 Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Subgrantee 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 subgrants of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. All contracts and subgrants 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 subgrantee 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 subgrantes and to assure that suspected or reported violations are promptly investigated. Seeding of Playing Field N-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, individual[y, 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 previsions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); (c) That there may be deducted from the amount payable to the contractor by the 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; Seeding of Playing Field N-7 (d) That this contract may be canceled or terminated by the State or municipalibj, 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. Seeding of Playing Field N-8 CONSTRUCTION SPECIFICATIONS: EEDING OF PLAYING FIELD PECONIC LANE PARK Date: April 17, 2000 ST~../::): Southold Town Engineering Department DIVISION ONE - GENERAL REQUIREMENTS All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions of these Specifications. Section 1010 - SUMMARY OF WORK 1.01 WORK COVERED BY THE CONTRACT DOCUMENTS: The work in this project includes the clearing, grubbing & rough grading of topsoil as directed by the Town and the final grading and preparation of the playing field. All excess materials, consisting of roots, vegetation, rocks & debris generated by this project can be deposited at the Southold Town Collection Center at no cost to the Contractor. The work in this project includes a playing field area that is two hundred (200') feet wide by six hundred (600') feet long. The designated area shall be staked out by the Town and the final grades shall be uniform in slope and approved by the town prior to placement of any fertilizer or seed. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred therefrom. This contract includes all site work necessary for the completion of the work as specified by these documents. 1.02 WORK BY OTHERS The following will be provided by other: 1. The Owner will provide and pay for the following: A. All related permits. END OF SECTION Seeding of Playing Field 1010-1 Section 1500 - CONSTRUCTION FACILITIES & TEMPORARY CONTROLS 1.01 1.02 UTILITIES A. TEMPORARY ELECTRICITY: The Contractor shall provide electrical power for the use of all trades during construction and shall pay for all electrical power used. B. TEMPORARY HEAT & VENTILATION: The Contractor shall provide heat and ventilation during construction to prevent freezing of materials, reasonable comfort for the workmen, and proper conditioning for installing finish materials. C. TEMPORARY WATER: The Contractor shall provide a temporary potable water supply for all trades during the construction period. D. TEMPORARY SANITARY FACILITIES: The Contractor shall provide and maintain temporary toilets in accordance with local health ordinances. BARRIERS A. Barricades shall be provided around all excavations and other hazardous areas during construction and shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. END OF SECTION Seeding of Playing Field 1500-1 Section 1600 - SUBSTITUTIONS 1.01 The following requirements are applicable to all proposed substitutions for products specified herein, where such substitutions are allowed. 1.02 CONTRACTOR'S OPTIONS: A. For products specified with the notation of "or equal" or "or approved equal", the Contractor may submit an equivalent product for approval by the Architect. B. For products specified by naming only one product or manufacturer, unless otherwise indicated, the Contractor may submit an equivalent product for approval by the Architect if such a product is available. 1.03 PROCEDURE: A. Requests for substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. Submit physical samples and names and addresses of similar projects on which the product was used when requested by the Architect. B. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. C. In making request for substitution. Bidder/Contractor represents: 1. He has personally investigated proposed product or method and determined that it is equal or superior in all respects to that specified. 2. He will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects. 4. He waives all claims for additional costs related to substitution which subsequently becomes apparent. 1.04 APPROVAL OF SUBSTITUTIONS A. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. B. The Architect's decision on the suitability or equivalence of a proposed substitution is final and may be based on the suitability of colors, finishes and outward appearance in addition to the functional aspects of the product. C. Substitutions which require a substantial revision of the Contract Documents will not be considered. Seeding of Playing Fields 1600-1 1.05 SUBSTITUTIONS The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate approved substitutions into the work, including additional engineering, certification or tests, and no claims for additional cost related to substitution will be allowed. END OF SECTION Seeding of Playing Fields 1600-2 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 a two hundred (200') foot by six hundred (600') foot area of the site. B.Related Work Specified Elsewhere: 1. Site Grading & Seeding 2800 1.02 MEASUREMENT & PAYMENT: A. Quantities shall not be measured and payment shall be at the contract lump sum price as indicated on the bid for construction. Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3.01 PROTECTION: A. Streets, roads, adjacent property and other works to remain shall be protected throughout the work in accordance with Uniform Statewide Building Code. 3.02 GRUBBING: A. Limits of grubbing shall coincide with the 200' x 600' area as directed by the Town. B. Remove all stumps, roots, rocks and matted root clusters within the limits of grubbing to a depth of eight (8") inches below grade. 3.03 GRADING: A. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown or between such points and existing grades. 3.05 DISPOSAL OF EXCESS WASTE MATERIALS: A. Removal of waste material, including unacceptable excavated material, trash and debris may be disposed of, by the Contractor, at the Southold Town Transfer Station at no cost to the Contractor. END OF SECTION Seeding of Playing Fields 2100-1 Section 2800- SITE GRADING AND SEEDING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide finish grading, liming, fertilizing and seeding for the two hundred (200') foot x six hundred (600') foot sports playing field including all areas disturbed by grading and construction activities and as specified herein. B. Related work specified elsewhere: 1. Site Preparation 2100 1.02 PRODUCT DELIVERY, HANDLING & STORAGE: A. All seed materials shall be delivered to the job site in unopened containers and shall be protected from moisture. Part 1 - PRODUCTS 2.01 MATERIALS: A. Topsoil shall be that which was grubbed on site, free of stones, lumps, live plants, roots and other extraneous matter. Contractor shall provide additional topsoil as necessary. It shall be fertile, agricultural soil capable of sustaining vigorous plant growth and free of subsoil. B. Ground limestone shall have the following analysis: at least fifty (50%) percent shall pass a 200 mesh sieve, at least seventy (70%) percent shall pass a 100 mesh sieve, and one hundred (100%) percent shall pass a 10 mesh sieve. Total carbonates shall not be less than eighty (80%) percent of 44.8% calcium oxide equivalent, for purposes of calculation, total carbonates shall be considered as calcium carbonate. C. Commercial fertilizer shall have the following composition by weight: nitrogen, ten (10%) percent, phosphoric acid (P205), twenty (20%) percent, potash, ten (10%) percent. The nitrogen shall be thirty (30%) percent minimum (from animal sources, e.g. tankage) and seventy (70%) percent inorganic max. D. Grass seed shall be fresh, recleaned seed of the latest crop, consisting of the mixture specified in conformity with the following standards of seed content. The tolerance for germination shall be those called official and tabulated by the U.S. Department of Agriculture. Seeding shall be performed at a rate of Sixty (60) pounds Per each 10,000 S.F. The seed mixture shall be as follows: 1. 60 % Merit Kentucky Bluegrass 2. 20 % Aurora Fine Fescue 3. 20 % Manhattan II Perennial Ryegrass of approved equal Seeding of Playing Fields 2800-1 Part 3- EXECUTION 3.01 GRADING: A. The Contractor shall be responsible for grading the site to provide uniform and even playing field surfaces void of holes or other deviations deemed unacceptable by the Town. All transition areas shall be included in the final grading and all slopes shall be within standard tolerances and compacted with uniform levels or slopes between points. 3.02 PREPARATION: A. Topsoil shall be uniformly graded over the entire playing field at a m~nimum thickness of four (4") inches. B. Lime shall be applied at a uniform rate to bring the soil to a Ph of (6.5). C. Fertilizer shall be applied at the rate of two hundred fifty (250) pounds per each 10,000 S.F. and throughly worked into the topsoil. D. Areas shall be firmed by use of a light roller and pre-emergent weed control shall be applied to the area in accordance with the manufacturer's recommendations. E. Finished surfaces shall be raked smooth and even, ready for seeding. 3.03 INSTALLATION: A. Broadcast seed at the rate of 60 pounds per each 10,000 square foot of area in a uniform manner. Sow half of the seed in one direction and the sow the other half in a direction at nir)ety degrees t.o the first sowing. B. After sowing, rake seed lightly into soil to a depth of not more than 1/4 inch and then compact sown areas with a light weight roller. C. Immediately after seeding, barricade seeded areas to prevent trespassing, D. Sprinkle with fine spray for 30 days as necessary. END OF SECTION Seeding of Playing Fields 2800-2 ELIZABETH A. NEVILLE TOWN CLERK REGISTtL~ 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 11, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED J.C. Quinn, Inc. Post Office Box 734 Calverton, New York 11933 Dear Mr. Quinn:: Enclosed please find your certified check in the amount of $800.00 in connection with your bid for the Grubbing, Grading, and Seeding of the Sports Playing Field at Peconic Lane Park. Thank you for submitting your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk SENDER: I also wish to receive the follow- E] Complete item~ 1 and/or 2 for additional services lng services (for an extra fee): Complete items 3, 4a, and 4b. [] Print your name and address on the reverse of this form so that we can return thru card to you. 1, [] Addressee's Address penil~L ~ac~ 2. ~ Restricted De very [] Altach this tort'/to the front of the mailpiece, or on th if space does no 3. Artlcle Addressed to: . rticle Number ' 0600 0029 3056 1197 JOhn C. Quinn ~ ,-~' ~/~/fServiceType J-3. Quinn, Inc. \ ).~._..~egistered ;~Cer~ified PO Box 73q ~ [] Express Mail []Insured ~ Calverton, NY 11933 5. Received By: {PrintN~e) PS Form 3811, December 1994 [~ Returi~forMerchandise E]COD fur y q s fee is paid) 102595 u9 B 0223 Domestic Return Receipt U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) SOUTHOLD TOWN CLERK Total Postage & Fees ELIZABETH A. NEVILLE TOWN CLERK REGISTP~R 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 11, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Donald Gatz Gatz Landscaping 1800 $oundview Avenue Mattituck, New York 11952 Dear Mr. Gatz: Enclosed please find your certified check in the amount of $790.00 in connection with your bid for the Grubbing, Grading, and Seeding of the Sports Playing Field at Peconic Lane Park. Thank you for submitting your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk FOR / GA1;Z LANI~CA. RING INC. 1800 S(~JND~P~. BOX 45 ooooo 5579 DOLLARS SENDER: · Complete items 1 and/or 2 for additional se~,'ices. ~ I also wish to receive the · Complete items 3, 4a, and 4b. i following services (for an · Print your name and address o~ the reverse of this tonn so that we can return this extra fee): card to you. : · Attach this fon~ to the front of the mailpiece, or on the back if space does not 1. [] Addressee's Address -~. · permit.w~te "Return Re~ipt Requested'o~ the mailpiece below the article number. · The Return Receipt wi showtowhemthear~idewasde veredand hedate 2. [] Resthcted Delivery 03 deJivered. I Consult postmaster for fee. 3. Article Addressed to: 4a. Arlicle Number .- Donald Gatz 4b. Service Type Gatz Landscaping D~ [~Certifled a: 1800 Soundview Avenue ,Z~l~;~aii ~'~ [] Insured tv~attituck. NY' 11952 _ /~tumReceip,t.(arM~ndise r-I COD ~/'~, Receiv nly if requested 6. Signature: (A~gssee or Age;t)~ ~' ~ ~ I- PS Fo.. 3811, December 19-9~-- ~o~595 ~7~7o Domestic Return Receipt U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) H E ^ M E R I C A N N S T I 1' 11 T E o F ^ R T E C T S AIA Dc~c[onen[ A201 General Conditions of the Contract for Construction 7~/l,$ DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATIO~¥ WITH A,'V ATTORNEY IS ENC(IURAGED WITH RESPECT TO ITS MODIFICP~TION 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 1 1. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 191 l, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1067, 1970, 1976, © I987 by The American Institute of Architects, 1735 New York Avenue, N,W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions, CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured es may occur when documents ere reproduced. INDEX ADMINISTRATION OF THE CONTRACT 3 ~ '~. 4, 94,95 Allowances 3.8 Approvals 2 ~,333,35,3102,~124through3128,3183, Architect 4.1 42.13, 4.3.2, 5.21, 7.4, 942, 96.-t, 96.0 113.1.1, 1221, 12.2.4, 135.2, 13.5.3, 142`1 Architect's Administration o f t he Contract 4.2,43.6, 437,44,9.4,95 Architect's Approvals 24,~ 51,3.102,3A26,3.12.8,318.3,`127 Archilect's Inspectio ns ....... 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2, Architect's Instructions.. 4.2.6,4.2.7,4.2.8,4.37,7.4.1,12.1,13.5.2 426, 4212, 52,62.2, 73.4, 982, 1137, 121, 13.5 426, 96.3, 9.64, 1137 Award of Subcontracts and Other Contracta for Portlona of the Wo~ 5.2 Basle Definitions ........................... 1.1 Bidding Requirements ............. t I. 1, 1. 1.7, 5 2.1, 11.4.l Boiler and Machinery Insurance .......... 11.3.2 ~3nds, Lien ..................................... 9.10.2 Bonds, Performance and Payment ..... 7.3.6.4, 9.10.3, 11.3.9, 11.4 Capitalization 1.4 Changes 7.1 CHANGES IN THE WORK 311.428,7,831,9.311,1013 Claim, Definition el 4.3.1 Claims and Disputes 4.3, 44, 4.5, 6.25, 8.32, Claims and Timely Assertion of Claims 4.5.6 Claims for Additional Cost t 3 (~. 4.3.7, 439, 611, ] 03 Claims for Additional Time 43o, 4.3.8, 4.3.9, 832 Claims for Concealed or Unknown Conditions 4.3.6 Cleaning Up 3.15, 63 Commencement of Statutory Limitation Period 13.7 221, 321, 32.2, 371,3 ]01, 3.12.6, 4.37, 521, Completion, Conditions Relating to 311,3.15,4.2.2,4.2.9, COMPLETION, PAYMENTS AND 9 Consent, Written 1.3.1,3.12.8, 3.14.2, 4 1.2, CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ....................... 1.1.4,6 Contingent Assignment of Subcontracts 5.4 Continuing Contract Performance 4.3.4 CONTRACT, TERMINATION OR SUSPENSION OF THE 437,5.4] ],14 Contract Sum .......... 3.8, 4.3.6, 4.3.7, 4.4.4, 5.23, Contract Time 4.36,43.8,44.4,7.2.1.3,7.3, 8.2.1, 8.3.1, 9.7, 12.1.1 Contract Time, D~flllltion of_ .......................... 8.1.1 2 A201-1987 AIA [20~IMENT A~01 · 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 CONTRACTOR 3 Contractor's Lisbllity Insurance 11.1 3.10, 3.127,613,621 6.1.1,6.2.3, 63, 73.3.3, 7.3.6, 7.37, 9.7, 9.8.2, 9.10.2, I 1.3.12. Cutting and Patching ................... 3.14, 6.26 4,3.2, 4.36, 4.4.1, 44.4, 4.5, 6.3, 7.36, 7.3.8, 8.1.3, 8.3 1, 9.2, Emergencies 437, 10.3 GENERAL PROVISIONS 1 Governing Law 13.1 Information and Services Required of the Owner 2.1.2,2.2, 4.3.4, 613, 6.14, 6.26, 9.3.2, 9.61, 9.64, 9.8.3, 9.92, 9.103, 10.14, 112, 11.3, 13.5.1, 135.2 Injury or Damage to Pemon or Property 4.3.9 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor's Uablllty ......... 11.1 Insurance, Owner's Uablllty 11.2 Insurance, property 10.2.5, 11.3 INSURANCE AND BONDS ..................... 11 Umltatlon on Consolidation or Joinder ............ 4.5.5 AI~ [~,JMF..I~T $.201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ©I987THEAMER[CANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W.,WASNINGTON, D.C.2OOO6 A201-1987 3 Loss of Use Insursnce ...... 11.3.3 MISCELLANEOUS PROVISIONS ...... 13 Mutual Responsibility 6.2 Nonconforming Wo~, Acceptance of 12.3 12.2.4, 133, 13.51, 13.5.2, 14 Notlca, Wrlltan 23, 2.4, 3.9, 3.128, 312.9, 43, Notices, Pan.lis, Fees and .... 2.23,3.7, 313, 7.364, 102,2 OWNER 2 Owner's Liability Insurance ....... 11.2 Owcer'e Right to Clean Up .......................... 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3, ~ ~ ' Ownership and Use of Architect's Drawings, Specifications Patching, Cutting and 3.14, (, 2 o Patents, Royalties and 3.17 Payment, Certificates for q 25, 4.2% 933, 9.4, 9% Payment, Failure of 437,9A13, Payment Bond, Performance Bond and 7.30% 9.103, tt39,11.4 PAYMENTS AND COMPLETION 9, I ~ Permits, Fees and Notices 2.2.3, 3.7, 313, 7364, 1(122 PERSONS AND PROPERTY, PROTECTION OF ...... 10 Product Oats and Samples, Shop Drawings 311,3.12,4.2.7 Progress and Completion 4.2.2,4.3.4,8.2 Progress Payments 434,93, 9.6, 983,910.3, 136, 1423 Project, Definition of the 1.1,4 Project Manual, Definition of thc ............. 1.1.7 Property Insurance ...................... 102.5,11.3 PROTECTION OF PERSONS AND PROPERTY 10 Rejection of Work 3.51,4.26, 122 Resolution of Claims and Disputes 4.4,45 42.3, h 13, 6.2, 1o Review of Contract Documents and Field Conditions by Contractor 122,3.2, 573.3127 Rlghta an,gl Romodloa ........ 1.1.2, 2.3, 2.4, 3.5.1,3.15.2, 42.6, 4.3.6, 4.5, 53, 6L 63, 7.3.1, 8.3.1, 9.5.1, 97, 10.25, Royalties and Patsnta ............................. 3.17 ~l~ DOC~MF~ ~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOLfRTEENTH EDITION Rules and Notices for Arbitration 4.5.2 Safety of Persons and Property 10.2 Safety Precautions and Programs ~23 ~2 L10.1 Samples, Definition of 312 ~, Samples, Shop Drawings, Product Data and ~ I I. 3.12, 427 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9 ~ I Shop Drawings, Product Data and Samples 31 ]. 3.12, 42 ? Site Inspections Site Visks, Archilect's 422,425,429.430, 94.2, 9.5.1, 982, 992, 910.1, 135 Special Inspeclions and Testing 426, 1221, 136 Specifications, Definition of thc 1.1.6 Subcontractor, Deflnitkm of 511 SUBCONTRACTORS 5 Subcontractors, Work by 124, 332, 312 I, Subcontractual Relations 5.3, 5.,t, 9.312. 962, Submittals 13,3.2.3,3.10,311,312,427,521, 523, Subetanflal Completion .......... 4.2.9, 4.3.5.2, 8 I 1,8.1.3, 823, S.8, 9.9.1, 12.21, 1222, 137 Substantial Completion, Definition of 98 l Substitution of Subcontractors 523, 524 Substitutions o f Materials 351 Sub-subcontractor, Definition of 512 Subsurface Conditions 436 Successors end Assigns ............... 13.2 Supel~rttondent ............................ 3.9, 10.2.6 Supewlaion end Construction Procedures ..... 1.2.4, 3.3, 3.4, Surety ......... 441,444,5.4.12, 9.10.2,9103, 1422 Surety, Consentof .......... 9.91,9102,9.103 Surveys 222,3183 Suspension by the Owner for Convenience 14.3 Taxes 3.6, ~ 3 Termination by the Contractor 14.1 Termination bytheOwner for Cause 5 ~ i 1,14.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 TIME . 8 Time, Delays and Extensions of i 38, 72 t, 8.3 ll.3.ll, 1222, 12.24, 1226, 13.7, Time Limifs on Claims 432,4.3.3, q31~, 439, 44, 4 S UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 UseofSife 3.13,611,o21 Values, Schedule of 9.2, 93 I Waiver of Claims: Final Payment 4.3.5,451,9103 Waiver ofClaimsby theOwnex q 35, 451,9.93, Waivers of Subrogation 6.1.1, 11.3.5, 1137 Warranty and Warranties 3.5,429, 43.53,933, 9.82,99.1, 1222, 1371.3 Weather Delays 43.82 When Arbitration May Be Demanded 4.5.4 Written Consent .......... 131,312.8, 3.142,412,434, 455, 9.32, 9.8.2, 991, 9102, 9.10.3, 101.2, lOI Wflllan Notl~ ....... 2.3, 24, 39, 3.12.8, 3129, 43, 4.44, 4.5, 521, 5.3,5411,822,941,9.5.1,9.7,910, lOl 2, 10.2.6, 1113, 113, 12.22, 12.2.4,13.3, 1352, 14 Written Orders 23, 3.9, 4.3.7, AIA [~X~JM~I~' Ai~0t · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® *©1987THEAMERICANINSTITUTEOFARCHlTECTS, 1735NEWYORKAVENUE, NW.,WASHINGTON, DC 20(R)6 A201-1987 5 WARNING: Unilcenaed photocopying violates U.S. copyright laws and I$ subject to legal pcoeecution. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE I GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS of the Comract (General, Supplementary and other CcmditionsL thc Contratt, other documents listed in the Agrccn/cnt :md Modificatinns issued after execution of the Contract. A Modifi cation is (1) a written amcndmem to thc 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 documents such as bidding requirements (advertisement or Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract represents the entire and integrated agreement tract may be amended or modified only by a Modification. Thc tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subeontractor or Sub subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK 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 tile 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 1.1.5 THE DRAWINGS Thc Drawings are the graphic and pictorial portions of the Con- showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIRCATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip- thc W{}rk, and performance of related services 1.1.7 THE PROJECT MANUAL TIle Project Manual is thc volume usually assembled for thc Work which may include thc biddmg reqturcment.s, sample 1.2.1 Thc Ct~ntract l)ocumems shall be signed Dy tile Owner and Comractor as provided in the Agreement. If either thc Owner or Contractor or both do not sign all the Contract Documents, the Architect shall idcmil)' such unsigned Docu merits upon request. 1.2,2 Execution of the Contract by the Contractor is a repre semation that the ContractOr has visited the site, become famil- iar with local conditions under which the Work is to be per formed and correlated personal observations with require- ments of tile Contract Documents 1.~.3 qbe intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu ments and reasonably inferable from them as being necessary to produce the intended results. t.~.4 Organization 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 establishing the extent of Work to be performed by any trade. 1.~.5 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 accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS 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- tractor is described. The Contractor may retain one contract record set Neither the Contractor nor any Subcontractor, Suh- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the An hitect, and unless otherwise indicated the Architect shall bc 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 Cnmractor'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 for use solely with respect to this Project. They are not to be nsed by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201-1987 and material or equipmem suppliers arc granted a limited license Io use and reproduce applicable portions of the Draw this hcense sball bear tile statutory copyright notice, il any, rights tbose which arc (1) specifically defined, (2) thc titles of hum bered articles and identified reterences to Paragraphs, Subpara graphs and Clauses in the document or (5) the titles of other documents published by the American institute of Architects 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fro quently omit modifying words such as "all" and "any" anti arti des sucb as "the" and "an," but the lhct that a modifier or an ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 Tile Owner is the person or entity identified as such in lhe Agreement and is referred to throughout the Contract Documents as if singular in number. The term "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 necessa~ and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title 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 change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at tbc request of the Contractor, prior to execution of the Agreement and promptly from time to tinge 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 et,idence were furnished on request prior to the execulion oj Ibc Agreement, the prosl~ective contra4-tor would not be required to execute the Agreement or to cotrtmenct, 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 site, 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Dooaments, the Owner shall secure and pay for necessary approvals, easements, assess tacilides avokl delay in orderly progress of thc Work 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not m as required by Paragraph 12.2 or persistently fain to carry out required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK Change Order shall be issued deducting from payments then or ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect the Contractor are both subject to prior approval of the Archi ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" mearm the Contractor or the Contractor's authorized representative. A201-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3,5 WARRANTY 3.6 TAXES tractor which are legally enacted whcn bicLs are received or scheduled to go into effect the Contractor shall secure and pay for the building permit and and which arc legally required when bids are received or nego 3.?.2 Thc Contractor shall co~nply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities hearing on performance of the Work 3.?.3 It is not the Contractor's resfyonsibility to ascertain that laws, statutes, ordinances, building codes, and rules and regula shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.1.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and the Contractor shall assume full responsibility for such Work and shall bear the attributable costs 3.8 ALLOWANCES 3.8.1 rFhe Contractor shall include in thc Contract Sum all by allowances shall be supplied for such amounts and by such .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .~' 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 ~ OOCOMF. I~T A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~)I987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW.,WASHINGTON, DC.20(~)6 WARNING: U nllcen~ed 0hotoeo~vlnq violates U.S. copyright lav, m and I~ lublect to legal peolecutlon. by which the Work will be judged. 3.12.5 The Contractor shall review, approve and suhmit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contracl D, It t~i,r~t:i]ts with reason able promptness and in sucfi sequence as to cause no delay in thc Work or in the activities of tl~c O'a,n<r or of separate con ::1.12.7 By approving and suhmitting Sh~p l)rawingb, Product relieved of responsibility for errors or omissions in Shop Draw- 3.1~.~ The Contractor shall direct specific attention, in writing 3.1:L10 Informational submittals upon which the Architect is 3.1 ~.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract 3.14 CUTTING AND PATCHING fit together properly $.~4.~ The Contractor shall not damage or endanger a portion of the Work or fi~lly or partially completed construction of the AIA DOOJMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUC¥[ON · FOURTEENTH EDITION AIA® * © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D C 20(~)6 A201-1987 9 not be unreasonably withheld. The Contractor shall not unrra. 3.15 CLEANING UP 3.15.1 Thc Contractor shall keep the premises and surround 3.15.2 If the Contractor fails to clean up as provided in thc 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 Cnntractor shall pay all royalties and license Ices 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 infringement ufa 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 Contractor shall indemnify and hoId harmless the Owner, Architect, Archb from and against claims, damages, losses and expenses, includ 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 whoIe or in part by 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 as to a party or person described in this Paragraph 3.18. 3.18.2 in claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may he liable, the indemnifica Lion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or under workers' or workmen's compensation acts, disability 3.16.3 The obligations of the Contractor under this paragraph 3.18 shall not extend to the liability of the Architect, the Archi- arising ()ut of ( 1 ) thc preparallon or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica tions, or (2) the giving of or thc failure to give directions or ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an cmity lawfully practicing archimcture iden tiffed as such in the Agreement and is referred to throughout d~c Contract Documems a.s 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 shaiI 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 41.2 and 4,1.3 shall be subject 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 (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 Par~ 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 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 thc Work. On the basis of on- site ohservations 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 responsibility 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 ~ ~OC~%~1' s~201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® ** © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NIEW YORK AVENUE, N W, WASHINGTON, D C. 20006 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho cate through thc Architect Communications by and with thc Architect's consultants shall be through the Architect. Commu nications by and with Subcontractors and material supplicrb shall bc through the Comractor. Communications by and will/ the Contractor's Applications ff)r Payment, thc Architect will 4.2.6 The Architect will have authority to reject Work which Architect considers it necessary or advisable k~r implemema 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 1352 and 13.5.3, whether or not such Work is fabricated, installed or completed However, neither this authority of the Architect nor a decision authority shall gdve rise to a duty or responsibility of the Archi ing portions of the Work 4.~.? The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only fi)r 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 instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2,8 The Architect will prepare Change Orders and Construe tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4 4.2.8 The Architect will conducg inspections to determine the date or dates of Substantial Completinn and the date of final completion, will receive and forward to the Owner for 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 or more project representatives to assist in carrying representatives shall be as set lorth in an exhihit to be incorpo- 4.2.11 Thc Architect will interpret and decide matters concern- ing performance under and requirements of the Contract which intcqwetatkms required o[ thc Architect shall be fur nishcd in compliance with this Paragraph 4.2, then delay shall 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and rcasonahly inlcrable from the Contract Documents and will be in writing or in tbc 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 relating to aesthetic effect will be final if consistent with the intent expressed in the 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre ration 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 lng to the Contract. Claflns must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim 4.3.2 Decision of Architect. 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 ali such matters arising prior to the date final payment is due, regardless of (1) 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 4.44 within 30 days after thc Claim is made, (4) 45 days have passed after the Claim has bccn referred to thc Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time LImll~ on Clelm$. 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. ~(~JMff. l{r ~t "GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION 987 THE AMERICAN INSTITUTE OF ARCHITECTS, 17~5 NEW YORK AVENUE, NW. WASHINGTON, DC 20(Y.16 WARNING: Unlicensed photocopying v!olate~ U.S. copyright lawa Il{id Is subject to legal pro~utlon. A201-1987 11 4.3.4 Continuing Contract Performance. pending final rcso lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor 4.3.5 Waiver of Claims: Final Payment. Thc making of final 4.3.6 Claims for Concealed or Unknown Conditions. [l con 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 by tim observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observ:;mce of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract the conditions at the site are not materially different from those terms of the Contract is justified, the Architect shall so notify Claims by either party in opposition to such determination must be made within 21 days after the Architect has given the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Co~t. If the Contractor wishes to 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 Pasa graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation 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) termination of thc Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with thc procedure established herein 4.3.8 Claims for Additional Time 4.3.8.1 If thc Contractor wishes to make Claim fi)r 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 progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.9.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data 12 A201-1987 4.3.9 Injury or Damage to Peraon or Property. If either party 4.4.4 Il' 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 and Claims Subject to Arbitration. Any controversy or Claim arising ()ut of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim has been referred to the Architect a.s provided in Paragraph 4.3 and no decision has been rendered. GENERAL CONDITIONS OF THE C(~NTRACT FOR CONSTRUCTION * FOURTEENTH EDITION ~) 1987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE, N W, WASHIN(;TON, D C 2{}{~tK) 4.5.2 Rules and Notices for Arbitration. t~laims between thc if subjecl to arbitration under Subparagraph 45.1, be decided Arbitration Rules of the American Arbitration Association cur rently in effect, unless the parties mutually agree otherwise c<,py sfiall hc fitcd with the Arcfiitect 4.5.3 Contract Parformance During ArbRrafion. l)uring arbi 4.5.4 When Arbitration May Be Demanded. Demand f~,r arbi skin on tbe Claim, (2) tfie tenth day' after thc parties have pre opportunity to do st), 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 finM but subject to arbftration m~d (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives tfie final written decision, then failure to demand arbitration within said 30 days' period shall result m the Arcbitect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties 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 within a reasonable time after the Claim has arisen, and in no event shall it be made after thc date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13,7, 4.5.5 Limitation on Consolidation or Jolnder. 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 consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac tot 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, Contractor or a separate contractor as described in Article 6 shall be included as an ()rig inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration 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 consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having Jurisdiction thereoiL 4.5.6 Claims and Timely Assertion of Claims. A part5 who 4.5.7 Judgment on Final Award. The award rendered by thc ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout contractor or subcontractors of a separate contractor 5.1.2 A Sub-subcontractor is a person or entity who has a is rcl~rred to throughout the Contract Documents as if singular 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 hidding 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- Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or 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 5.2.3 If the Owner or Architect has reast)nable objection to a reasonable nbjection The Contract Sum shall be increased or 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.~.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 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 thc Subcontractor, agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi tions of Ibc' proposed subcontract agreement wbich may be at similarly make copies of applicable portions of such documents available to their respective proposed Sub-subeontractors 5.4 CONTINGENT ASSIGNMENT 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 rights of the surety, if any, obligated under bond relating to 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 CONTRACTS 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 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 subrogatinn. If the Contractor claims that delay or additinnal cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por tions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.2 MUTUAL RESPONSIBILITY 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- stmction and operations with theirs as required by the Contract Documents 6.2.2 If part of tile 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 results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully Glused 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 iect 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 thc 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- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201-1g87 ,~. tXXaJM~NT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * © t987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N£W YORK AVENUE, N.W, WASHINGTON, D.C 20OO6 WARNING: Unlicensed pilotocopylng violates U.S. copyright laws and I$ ~ubJect to legal prosecution. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes iu thc Work may be accomplished after cxccu lion of thc Contract, and without invalidating thc Contract, hy 7.1.3 Changes in the Work shall be performed under appli tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change l)irective or order for a minor change in the Work subsequcnfiy agreed upon, and if quantities originally con templated are sxl changed in a proposed Change Order or Con- slructk,n 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 thc Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work; .2 the an~ount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 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 tract Time being adjusted accordingly. 7,3.2 A Construction Cbange Directive shall be used m the 7.3.3 If the Construction Change Directive provides li)r an adjustment to the Contract Sum, the adjustment shall be ba~sed on ()ne of the following meffiods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- sequently agreed upon; Iht parties and a mulually acccptahlc fixed or perccnl age tcc; or .4 as provided in Subparagraph 7.5.0. 7.$.4 Upon receipt of a Construction Change Directive, the Contractor shMl promptly proceed with the change in thr Work involved and advt~c thc Architect of thc ContraqtoFs agreement or disagreement with the method, if any, provided tn tile Construction Change Directive for determining the pro 7.~.fi A Constn~ction Change Directive signed hy the (,ontrac tng adjustmenl in Co~/tract Sum and Contract Time t)r thc method for determining dqcm Such agreemcm shall hc cffec Clause 7353, the Contractor shall keep and present, in such .~ costs of labor, including social security, old age and .a rental costs o f machine~ and equipment, exclusive o f .S additional costs of supemision and field office pemon 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment The an~ount 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 ffic 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 adjusunent in Contract Time or the method for determining it, thc adjustment or the method shall be referred to ffic Architect for determination. 7.3.9 When the Owner and Contractor agree with the deter minatinn made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otberwisc reach agree merit upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. k~ DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION *' FOURTEENTH EDITION AIA~ · ©IgB7THE,~NiERICANINST[TUTEOFARCHITECTS, 1735NEW YORK AVENUE, N W, WASHINGTON, D C 20006 WARNING: Unllcen~e(:l photocopying violates U.S. copyright laws and Im ~u~ect to legal prosecution. A201-1987 15 7.4 MINOR CHANGES IN THE WORK ARTICLE 8 TIME established in thc Agreement. The dam shall not be postponed 8.1.3 The date of Substantml Complclion is thc date certified by the Architect in accordance with Paragraph 98 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless (;,tberwise specifically defined, 8.2 PROGRESS AND COMPLETION for performing the Work. 3.2.2 The Contractor shall not knowingly, except by agree merit or instruction of tbe Owner in writing, prematurely com- mence operations Dn the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by thc Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless thc 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, 8.2.3 The Contractor shall proceed expeditiously with ade~ quate forces and shall achieve Substantial Completion within 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress oflhe thc Owner, or by changes ordered in thc Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties causes wbich the Architect determines ma}, justify delay, thcn 8.3.2 Claims relating to time shall bc made in accordance with applicable provisions of Paragraph 43 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 9.3.1.1 Such applicafions may' include requests for paymem on includoJ in Cbange Orders. 9.3.1.2 Such applications may not include requests for pay payment may similarly be made for materials and equipment 9,4 CERTIFICATES FOR PAYMENT 9.4.1 Thc Architect will, within seven days after receipt of the 16 A201-1987 AIA DOCUMENT A~O1 · GENERAL CONDITIONS OF TIrE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * ~)19197 THE AMERICANINSTITtITEOFARCHITECTS, 173SNEWYORKAVENIIE, N'W,WAS,~HNG~iON, O(;2(IO06 9.5 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 the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised afnount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied: .2 third party claims bled or reasonable evidence indical lng probable filing of such claims; .3 failure of the Contractor to make payments prop erly to Subcontractors or for labor, materials or equipment; .6 reasonable evidence that tbe Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or withheld 9.6 PROGRESS PAYMENTS tor, if practicable, information regarding percentages of com- pletion or amounts applied for by thc Contractor and action 9.5.4 Neither thc Owner nor Architect shall haxe an obligal:tm except as may otherwise be required by law. similar to that provided in Subparagraphs 9.6.2, 9.63 and 964 9.5.5 A Certificate RDr Payment, a progress payment, or partial 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 thc 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 amount owing has been received. The Contract Th'ne shall be extended appropriately and the Contract Sum shall be 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 to the Architect a comprehensive list of items to bc completed or corrected. The Contractor shall proceed promptly to corn- such list does not alter the responsibility of the Contractor to ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- ~.tA [~O{~/MF..I*4T ~0~ · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA~ · f~ 1987 TH£ AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W. WASHINGTON, D.C 20006 A201-1987 17 included on the Contractor's list, which is not in accordance suhstantialb' complete, thc Architect will prepare a Certificate ~ ~f Substantial C~naplcti~n which sfialt establisla the date ~f Suh stanfial Complctkm, shall cstabfish responsibilities of thc otherwise provided in the Certificate of Substantial Comple tion Thc Certificate of Substantial Completion shall be sub- 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, thc Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or pot tJon thereof as provided in the Contract I)ocuments. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed portion of thc Work at any stage when such portion is designated by separate agreement with the Contrac tot, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and authorized by public authorities having 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 responsibilities assigned to each of them for payments, retalnage if any, secu rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the pedod 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. ConmnI of the Contractor to 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 reached, 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 pomon of the Work to be used in order to determine and record thc condition of thc Work 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acccp tancc of Work not complying with thc 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 responsible or encumbered (less amounts withheld by Owner) remain in force after final payment is currently in efl~ct and will any, to final payment and (5), if required by the Owner, other in such form as may be designated by the Owner Ifa Subcon- compelled to. pay in discharging such lien, including all costs 9.10.3 If, after Substantial Completion of the Work, final corn 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 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 remaining balance for Work not fully corn 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 pot 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 shall he made under terms and conditions governing final paymcm, except that it shall not constitute a waiver of claims The making of final paymcm shall constitute a waiver of claims by thc Owner as provided in Sub paragraph 435 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 OOCUMENT A~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ©1987 THEAMERICANINSTITUTEOFARCH[TECTS, 1735NEWYORKAVENUE, N.W,WASHINGTON, DC 20006 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY lO.1 SAFETY PRECAUTIONS AND PROGRAMS hated biphcnyl (PCB), (>r when il has been rendered harmless, 10.1.3 Thc t:ontractor shall not be required pursuant to Article polychlorinated biphcnyl (PCB) 10.1.4 To the flfilest extent permitted by law, the Owner shall indemnify and bold harmless the Contractor, Architect, Archi tect's consultas~ts and agents and employees of any of them from and against clailns, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising ()ut 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 reduce 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 shall provide reasonable protection to prevent danlagc, injury or loss to: .1 employees on tile Work and other persons who may be aflhcted thereby; .2 thc 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, pavements, roadways, structures and utilities not designated for removal, re!o- cation or replacement in the course of construction, Contractor, a Subcontractor, a Sub subcontractor, or anyone dircclly or i~directly employed by any of them, or by anyone 10.2.6 Thc Contractor shall designate a responsible member of 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, of an emergency shall be determined as provided in Paragraph 43 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 fs located such insurance as will protect the Contractor from claims scl forth below which under the Contract and for which the Contractor may be legally Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: disability .benefit and other similar employee benefit acts which are applicable to the Work to be performed; All IX}~I/MDfl' MI0t - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA$ · ~) 1987 THE AM ERICAN INSTITUTE OF ARCH [TECTS, 1735 NEW YORK AVENUE, NW, WASH INGTON, D.C 20006 A201-1987 19 11.2 OWNER'S UABlU'rY INSUi~,,NCE 11.2.1 The Owner shall be responsible for purchasing and 11.3.1.3 If the property insurance requires mintmum deducti- tib[c amounts, the Owner shall be responsible for payment of because of deductibles 11.3.2 Boiler and Machinery Insurance. The Owner sh'all purchase and maintain boiler and machinery insurance specifically cover such insured objects during installation and shall be charged to the Contractor by appropriate Change Order. 20 A201-1987 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon tractors, sub subcontractors, agents and employees, each of thc other, mad (2) the Architect, Architect's consultants, separate comractors 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 1 I 3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum erated herein. The policies shall provide such waivers ofsubro gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged, 11.3.g A loss insured under Owner's property insurance shalI 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 bond fi)r 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, procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order. 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 th(- Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time, 12.1.2 If a portion of the 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 accortlance with the Contract Docunlents, costs of uncover lng and replacement shall, by appropriate Change Order, bc 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 thc Owner or a separate 12.2 CORRECTION OF WORK 12.2.1 Th(' Comractor shall promptly torrect Work rejected by the Architect or failing to conform to Ibc requirements of such rejected Work, including additional testing and inspec- expenses made necessary thereby. 12.2.2 If, within one ye-ar after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the date DOCUMENT/~01 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION ~ · ~) } 987 THE AMERICAN INSTITIITE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, D C 20006 A201-1987 21 paragraph ti9 I, or by terms of an applicable special warrant,x required by the Contract Documents, any of the Work is found lance of such condition This period of one year shall bc obligation under this Subparagraph 12.2.2 shall survive accet) expenses made necessary thereby. If such proceeds of sale do 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 mit in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con tract Documents Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of thc 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 estahlish thc Contractor's liability with respect to thc (ion tractor's obligations other than specifically to correct the YXq)rk 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If thc Owner prefers to accept Work which is not in accordance with thc requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cur rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. 22 A201-1987 ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.3 WRITTEN NOTICE 13.3.1 Written notice shall he deemed to have been duly served if delivered in person to thc individual or a member of v,,:Ls intended, or if defivered at or sent hy registered or certified mail to the last business address known to the party giving 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu meats and rights and remedies available thereunder shall be in addition to m~d 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 tbem 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 judsdiction shall be made at an appropriate time. Unless other wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test lng laboratory or entity acceptable to the Owner, or with the appropriate pubIic authority, an.d shall bear all related costs of tests, inspections and approvals Tbe Contractor shall give thc Architect timely notice of wbcn and where tests and inspec lions are to he made so thc Architect may observe such proce dures. The Owner shall bear costs of tests, inspecfions or 13.5.2 If the Arcbitect, Owner or public authorities having jurisdiction determine that portions of the Work require addi tional testing, inspection or approval not included under Sub paragraph 13.5.1, the Architect will, upon written authorization 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 arc to be made ~) the Architect may observe such procedures. [}OC~I=NT ~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION 1987 TIlE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D U paragraph I ~, 52, 13.5.3 If such procedure~ fi)r tcsuflg, inspection or approval under Subparagraphs 135.1 and 135.2 reveal failure of thc made necessary hy such failure including [bose ol [cpcatcd of testing 13.5.6 Tests or ~nspections conducted pursuaDt to the Con tract Documents shall be made prompfiy to avoid unreasonable delay in thc Work 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contracl Docu ments shall bear interest front thc date payment is duc at such rate ;ts the parties may agree upon in writing or, in thc ahsencc thereof, at the legal ram 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 Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substan rial Completion, 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 such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate for Payment, ~s to acts or failures to act occur ring subsequent to tbe relevant date of Substantial Completion and prior to issuance of the final Certifi cate for Payment, any applicable statute of limitatkms shall commence to run and any 'alleged cause of action shall be deemed to bare accrued in any and all events not latcr than the date of issuance of thc final Certificate fol Payment; and .3 Aller Final Cartlfleal~ for Payment. As to acts or failures lo act occurring after the relevant date o[ issu anco of the final Certificate for Payment, any appli any alleged cause of action shall be deemed to have lilly warranty provided under Paragraph 3.5, thc date Work by thc Contractor under Paragrapb 122, or thc to perform any duty or obligation by tbe Contractor ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR ber of days scheduled for completion, or 120 days in any 365 day period, whicbever is less; or evidence as required by Subparagraph 2.2.1. and machinery, including reasonable overhead, profit and 14.1.3 If the Work is stopped tot a period of 60 days through as provided in Subparagraph 14.1.2. 14.2.2 When any of the above rear's)ns exist, the Owner, upon AIA ~X~MENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EI)ITION A201-1987 23 of finishing thc Work, including compensation for the Archi thc tase may be, shall I~c certified b~, the Architect, upon appli cati<)n, and this ohligation for payment shall survive tcrmina tion of thc Contract 14,3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.3 Adjustments made in the cost of performance may have a mutu~ly agreed fixed or percentage fcc. 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 ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) (2) (3) (4) (5) (6) Premises - Operations Independent Contractors Protective. Products and Completed Operations. Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. Owned, non-owned, and hired motor vehicles. Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. Seeding of Playing Field H-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): a. Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION Seeding of Playing Field I-I-2 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (OwnedContracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents do for its successors and assigns remise, release, and forever discharge the said (OwnedContracting 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: supplements thereto. , 20__ and any admittance or IN WITNESS THEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested by its __ this day of ,20 __ Attest: Principal: Seeding of Playing Field K-1 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for SEEDING OF PLAYING FIELD at Peconic Lane Park Peconic Lane PECONIC, NEWYORK 11958 Seeding of Playing Field L-1 NEW YORK STATE DEPARTMENT OF LABOR JREAU OF PUBLIC WORK ST OFFICE BUILDING CAMPUS BANY, NY 12240 SCHEDULE 1999A Date 04/07/00 T/O SOUTHOLD PHC 0003553 SUFFOLK COUNTY O1 JAMES RICHTER, RA TOWN HALL P.O. BOX 1179 SOUTHOLD NY 11971 Location and Type of Prodec± PROJECT ID ~: NONE PLOW, GRADE AND SEED AN AREA OF APPROX. 500,000 SC.FT. FOR BASEBALL 8 FOOTBALL FIELDS,SOUTHOLD In response to your request, enclosed is the schedule of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, ±ogether with copies of the Notice of Contract Let (RW-16) for your use. THE SCHEDULES 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 with Article 8 of the NYS Labor Law, which provides ±ha± it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages ±o be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the Department having jurisdiction. The attached rates are based on the latest information available to the Depertmen± of Labor, Bureau of Public Work. 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 ±he Public Work con±fac±or to use the proper rate. If ±here is a ques±ion on ±he proper classifica±ion to be used, please call ±he dis±tic± office located nearest ±he projec±. This schedule is effec±ive from July 1, 1999 ±brough June 30, 2000. A new upda±ed schedule will au~o~a±icallv be mailed ko Xou each July 1 un±il we are notified tha~ the pro3e¢~ ~$ comple±ed or canceleo. Note: A 1997 AMENDMENT TO SECTION 220 OF THE LABOR LAW REQUIRES THE DEPT. OF JURISDICTION TO RECEIVE AND MAINTAIN MONTHLY TRANSCRIPTS OF PAYROLL RECORDS PUP )HREE YbARS FROM THE DATE Of COMPLETION Of THE WORK IN THE AWARDED CONTRACT. Very ±ruly yours, CHET RYSEDORPH DIRECTOR NOTICE TO CONTRACTING AGENCIES: Upon cancella±ion or comple±ion of ~his project, an±er ±he necessary informa±ion and return this page ±o Bureau of Public Work, Bldg. 12, Rm. 130 SOBC, Albany, NY 12240. PROJECT HAS BEEN COMPLETED/CANCELED: Date Signature Title For addi±ional informa±ion, contac± our local Ois±ric~ Offices: Albany (518) 457-2744 Syracuse (315) 428-4056 Bingham±on (607) 721-B005 Roches±er (716) 258-4505 Buffalo (716) 847-7159 Utica (315) 793-2314 Hemps±ead (516) 485-4878 White Plains (914) 997-9507 New York City (212) 352-6088 PM-200 (6-98) CO REQUIREMENTS Each public work contrac* to which ±he S±ate, a public benefit corporation, a municipal corpora±ion or a commission appoin±ed pursuan~ to law is a party and which may involve ±he employmen± of laborers, workers or mechanics, shall comply wi±h ~he requiremen±s of Ar±icle B (Sec±ions 220-223) of the New York Sta±e Labor Law: 1. No laborer, worker or mechanic in the employ of the contractor, subcontractor or o{her person doing or con~rac±ing ~o do ±he whole or a par± of ±he work con~emplaAed by ~he contract shall be permitted or required ±o work more than eight hours in any one calendar day or more than five days in any one week excap~ in ~he extraordinary emergencies set for±h in the Labor Law or where a dispensa±ion is granted by ±he Commissioner of Labor. 2. Each laborer, worker or mechanic employed by the contractor or subcontrac±or shall be paid not less than ~he prevailing ra±e of wages as indica*ed on ~he wage schedule provided by ±he Oepar±ment. Bureau of Public Work. The prevailing ra±e of Hage shall be annually de~ermined no later ±ban thirty days prior *p July ls~ of each year. The prevailing rate of wage for ~he period commencing July firs± of such year ±hrough June ±hir±ie~h, inclusive of ~he following year shall be ~he rate of wage set forth in collec*ive bargaining agreements for ±he same period, including ~hose increases for such period which are directly ascertainable from such collec±ive bargaining agreemen±s. (See Sections 220.3, 220.5) 3. It shall be the duty of ~he departmen~ of jurisdiction to file wi~h ~he fiscal officer, *he classification of workers mechanics and laborers ±o be employed on a public work projec±, ±oge±her wi~h a sta~emen~ of ~he work to be performed by each classifica±ion. (See Sec±ion 220.3-a) The con,fac±or and every subcon±rac~or shall pos± in a prominen~ and accessible place at ~he work si~e a s±a~emen~ of all wage ra±es and supplements to be paid or provided for ±he various classes of mechanics, workers or laborers. (See Sec±ion 5. No employee shall be deemed ±o be an apprentice unless individually registered wi~h the New York S~a±e Oapar±men± of Labor. The allowable fa±lo of apprentices ~o journey- level workers in any craf~ classification shall no~ be greater Ahan ±he ratio permi±~ed ±o ±he con*rac*or as ~o z~s work force on any job under the registered program. Any employee ~ho is no~ registered as above, shall be paid or provided ~he prevailing wage and supplemenA ra~e for the journey level classifica±zon of work ac*ua11¥ performed. The con,fac*or or subcontractor will be reguzred ~o furnish wri±~en evidence of regis~ra±ion of i~s program and apprentices as well as of *he appropriate ra±ios and wage and supplement rates for *he area of cons*ruction, prior ~o using any appren*ices on ±he conArac± work. (See Section 220.3-e) 6. (a) No con~rac±or, subcon*rac*or, nor any person ac~ing on i*s behalf, shall by reason of race, creed, color, disability, sex or pa±zonal origin discriminate agains~ any citizen of ±he S~a*e of New York who is qualified and available to perform ~he work *o which the employmen± rela~es. (See SecAion 220-e(a)) (b) No con,fac*or, subcon±ractor~ nor any person ac~ing on i~s behalf, shall in any manner, discrimzna±e agains~ or intimidate any employee on accoun* of race. creed, color, disability, sex or national origin. (See Sec±ion 220-a(b)) No±e: The Human Rights Law also prohibits discrimina±ion in employmen* because of age, mari~al sta*us or religion. (c) There may be deducted from the amour± payable ±o ~he con*factor under *he contrac± a penalty of fif±¥ dollars ~or each calendar day during which such person was discriminated against or intimidated in viola±ion of ~he provisions of ±he con~ract. (Section 220-e(c)) (d) The con±tact may be cancelled or ±ermine±ed by ±he S±a±e municipali±y, and ail moneys o~Le or ±o become due reunder may be forfei±ed, lo--second or enysubsequen± ia±ion of ±he ±erms or condi~s of ±he an±idiscrimina±ion sec±ions of ±~'con±rac~. (See Sec±ion 220-e(d)) (a) All con±fac±ors or ±heir subcon±rac±ors shall provide ±o ±heir subcon±rac±ors a copy of ±he prevai}ing Nage ca±e schedule specified in ±he public Nork con±fac± as ~ell as any subsequen±ly issued schedules. A failure ±o provide ±hese schedules by a con±fac±or or subcon~rac±or is a viola±ion of Ar±icle 8 or ±he Labor La~. (See Sec±ion 220-e(d)) (b) All subcon±rac±ors engaged by a public improvemen± con±fac±or or i±s subcon±rac±or, upon receip± of ±he original scheduie and any subsequen±iy issued schedules, shall provide ±o such con±fac±or a verified s±a±emen± e±±es±ing ±ha± ±he subcon±rac±or has received ±he ~age schedule and ~ill pay or provide ±he applicable rate of Nages and supplemen±s specified ±herein. (See Sec±ion 220-a) PN-3 (~-95). ATTENTION: ALL CONTRACTORS AND SUBCONTRACTORS ENGAGED ON PUBLICjRK PROJECTS IN NEN YORK STATE INTRODUCTION: Below are ±he major provisions of ±he Labor Law covering workers on public work pro~ects. HOURS: A laborer, worker or mechanic is permi±±ed to work on a public work project no more than eight hours a day and no more than five days in a week, except in case of extraordinary emergency such as a fire, flood or danger to life or property. You may apply to the Bureau of Public Work for a DISPENSATION permitting workers to work additional hours or days per week on a particular public work project. WAGES AND SUPPLEMENTS: The wages and supplements to be paid and provided for laborers, workers and mechanics employed on a public work project shaI1 be not less than those listed in the current prevailing rate schedule for the locality where the work is performed. If a prevailing rate schedule for the project has not been provided to the prime contractor by the department of jurisdiction (i.e., the governmental entity awarding the public work contract), or to a subcontractor by the prime contractor, the applicable schedule must be obtained from the Department of Jurisdiction, who must make wrztten applzcatzon to the Bureau of Publzc Work, Labor Uepertment, Building No. 12, State Office Building Campus, Albany, New York 122q0. The prime contractor is responsible for any underpeyments of prevailing wages or supplements by its subcon±ractors. PAYROLL RECORDS: Every contractor and subcontractor must keep originals or transcripts of payroll records, showing for each person employed on public work, the following: 1. Name 2. Address and phone number 5. Social Security Number, Occupational classification in which worked, 5. Hourly wage rate paid Supplements provided 7. Daily end weekly number of hours worked in each classification B. Deductions made 9. Actual wages paid. When payroll records are requested by the Commissioner, each payroll record must be affirmed as true under the penalties of perjury which means a notorized signa±ure to that effect. Such records must be kept on the site of the work when the contractor or subcontractor does not maintain a regular place of business in New York State and the amount of the contract exceeds $25,000. Ali other contractors and subcontractors must, within 5 days after a request, 'produce at the work site the original payrolls or transcripts. Every contractor and subcontractor shall submit to the Dept. of Jurisdiction withzn thrity days after issuance of it s first payroll, and every thirty days thereafter, e transcript of the ~ payroll records, subscribed and affirmed as true under penalty ope~y, as provided by Article B, Section 220, of the NYS Labor Law. The DEPARTMENT OF JURISDICTION shall receive and maintain such payrolI records. The original payrolls and transcripts must be preserved for three years from the date of completion of the project. POSTING: The current prevailing rate schedule must be posted in e prominent and accessible place on the site of the public work pro~ect. APPRENTICES: Employees cannot be paid apprentice rates if they are not individually registered under a program or agreement registered with the Commissioner of Labor. The contracEor or subconAractor will be required to furnish written evidence of the registration of i~s program and apprentices and of ~he appropriate ra~io. The allowable ra~io of apprentices ~o journeymen in any craft classification cmn be no greaAer ±hen the ratio permit±ed AD ~he con~rec~or or subcon±rac~or as to i~s work force on an~ job under the registered program. An employee listed on a payroll as an apprentice, who is not registered as above, must be paid ~he prevazling ~ourneyman's wage ra*e for ±ha± classification of work. WITHHOLDING OF PAYMENTS: When a complaint is filed wi~h the Commissioner of Labor alleging ~he failure of a con±rac~or or subcontractor to pay or provide ~he prevailing wages or supplements, or when Aha Commissioner of Labor believes tha~ unpaid wages or supplements may be due, payments on ~he public work . contrac± may be withheld from ~he prime con~ractor in a sufficient amoun~ satisfy ~he alleged unpaid wages and supplements, including interest and civil penal~y, pending a final de*ermination. INTEREST AND PENALTIES: If an underpayment of wages or supplements is found~ interest mus~ be added at the rate ~hen in effec~ prescribed by ±he Superin±enden± of Banks pursuant ~o section i~-a of ~he banking law per annum from ~he da~e of underpaymen~ ±o ±he da~e of the new payment, and may also include the imposition of a civil penalty not ±o exceed 25% of the amount due. DEBARMENT: When final determine±ions have been made against a contractor or subcontractor in two instances within a six-year perio~ determining ±hat it willfully failed ~o pay or grovide ~he prevazling rate of wages or supplemenAs, or if ±here is one wilful viola±ion %ha± involves falsifica±ion of payroll records or kick ck of wages, such con±fac±or or subcontractor will be ineligible ±o .on or be awarded a public wot ±he~! on±racK for a period of five from bond final de±erminm±ion. CRIMINAL SANCTIONS: Willful viola±ions of ±he Prevailing Wage Law (Ar±icle 8 of ±he Labor Law) cons±i±u%e a misdemeanor punishable by fine or imprisonmen±, or bo±h. DISCRIMINATION: No employee or applican± for employmen± may be discrimina±ed against on accoun± of age, race, cmeed, color, na±ional origin, sex, disability on marl%al s±a±us. 5very employer subSec± ±o ±he New York S±a±e Human ~igh±s La~ mus% conspicuously pos~ a± z~s offzces, places of employmen± or employmen± ±raining can±ers, mo±ices ~urnished by ±he S~a~e Division of Human Rights. POSTING OF OTHER NOTICES: 5very employer providing worker's compensa±ion insurance and disabili±y bene~i±s mus± pos± in a conspicuous place no±ices of such coverage in a form prescribed b~ ±he Workers' Compansa±ion Board. Employers liable for con±ribu±ions under ±he Unemploymen± Insurance Law mus± conspicuously pos± no±ices furnished by ±he S±a±e Depar%men± of labor. PW 19 (7-99) docm: le±±ec2b NOTICE OF NEW PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES (*) AS NOTEO ON PREVAILING RATE SCHEOULES PAGES. The annual determine±ion of ±he prevailing rates of wages and supplemen±s for workers employed on public Hork projec±s throughout the state Hill be published on May 31st of each year. These neH rates will be in effect July 1st thru June 30th. This new determination Hill supersede the original schedule or any prior issued annual determination. It is the responsibility of the contracting agency or its agents to provide all pravaiIing rate schedules to contractors immediately upon receipt. Any rate chanqe from a previously issued determination becomes effective July 1str regardless of whether the new determ~netzon has been received by the When you revie~ the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates that additional adjustments become effective. PN-202 (q-gB) docm: letterd VERIFYING THE REGISTRATION APPRENTICES Certain State and Federal require that apprentices individually registered as such in order to be paid apprenticeship rates on Public Mork. The New York Labor Department is the official registration agency for apprentices in Ne~ York State. No other Federal or State Agency or office registers apprentices in Ne~ York Sta±e. Each year the apprentice training central office in Albany receives hundreds of requests from Federal and State Agencies, Contractorst and other interested parties requesting verification of individual apprentzce registrations. The following information is provided in order to clarify New York State procedures. All registered apprentices in NeH York S±ate are individually registered by name, address, social security number, starting date of training, and other related data. This information is computerized and is available ONLY through the Albany Apprentice Training Central OfFice. Persons Hishing to verify the apprentice registration of any individual should ~rite to the Senior Employment Consultant, Ne~ York State Oepartmen± of Labor, Job Service and Training Division, Building 12, State Office BuildingCampus, Albany, Ne~ York 12240. All inquiries MUST include name end social security number and ~ill be answered in writing. The response Hill.indicate ~hether or not the individual is registered, end if so, will provide other pertinent information regarding the registration. The only conclusive proof of individual apprentice registration is Hritten verification from the Albany Apprentice Training Central Office. Neither Federal nor S~ate Apprentice Training Offices outside Albany can provide conclusive registra±ion information. It should be noted the± the existence of e registered apprenticeship program is not conclusive proof that any individual is registered in that program. Furthermore, the existence or possession of ~allet cards, identification cards or copies of state forms are not conclusive proof of the registration of any individual as an apprentice. PN-205 (7-99) docm: let±er2e NII~YORK STATE DEPT, OF LABOR Bureau of Public Work State Office Building Campus Albany, NY 12240 T/O SOUTHOLD Schedule Type JAMES RICHTER, RA TOWN HALL P.O. BOX li79 Date COMPLETE 1999A 04/07/00 Prevailing Rate Case No. PROJECT ID #: NONE SOUTHOLD NY ii97i PLOW, GRADE AND SEED AN AREA OF APPROX. B00,000 S~.FT. FOR BASEBALL & SUFFOLK COUNTY AGY. OF JURIS. : TOHN NAT. OF PROJECT= OTHER RECON,MAINT,REPAIR,ALT Copies of the wage and supplement schedule for the Public Work pr~ect identified above are enclosed herewith. Sec. 220.3a of the Labor Law requires that cerlain information be fumished 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 pr~ect. Photocopy as many blank forms as required to supply one for each contractor. Return this request to the address given above [] Project CANCELLED, POSTPONED or assigned to agency's own employees. If reactivated, new rates and supplements will be requested. [] CONTRACT AWARDED: (check one and indicate date of first legal instrument which bound agency to coritract.) [] 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 Emptoyer Identification Number: Name: Address: 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) HeatingNentilation [] (04) Plumbing [] (05) Other Signature PW-16 (1-91) State: Approximate Starling Date: Zip: / / [] (03) Electdcal Date Page 1 Preys]lng Rate Schedule ~ New York State ~ ~______ __ _____rtment_°f_Lab°r ........................... ~---Case Number ............... 000~555 SUFFOLK 1999A INSTRUCTIONS PREVAILING RATE SCHEDULE INFORMATION The information listed below is provided to assist you in the interpretation of particular requirements, for each classification of Norker~ contained in the attached Schedule of Prevailing Rates. PAID HOLIDAYS Paid Holidays are days for which an eligible employee receives a regular day's pay~ but is not required to perform work. Note: If an employee works on a day listed as e paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed. OVERTIME Overtime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required where the employee actually performs work on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIME. The required rate 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 worked~ some classifications require the payment or provision of supplements for each hour paid (this may include paid holzdays on which no work is performed) and/or may require supplements to be paid or provided at a premium rate for premium hours worked. EFFECTIVE DATES When you review the schedule for a particular trade or occupation~your attention should be directed to the date above the column(s) of rates. This i~ the date on which the rate become effective. The rate listed is valid until the next effective rate change or until the new annual determination, which takes effect on July i of each year. All contractors and subcontractors are required to pay the current prevailing rates of wages and supplements. The department of jurisdiction is required to provide a copy of the current annual determination. Should you have questions( please contact the Bureau of Public Work or visit the NYS Depar±ment of Labor $ Web site at www.labor.$tate.nv.us for current wage rate information. WORKERS COMPENSATION In accordance wi±h Section 142 of the State Finance law, the contractor shall maintain coverage under the life of the contract for the benefit of such employees as required by the provisions of the New York State Workers~ Compensation Law. -Contractor to be awarded contract must provide proof of Workers' Compensation coverage prior to being allowed to eegzn work. -The policy of insurance must be issued by a company authorized to provide Workers' Compensation coverage in this state. Page Prevailing Ra±e Schedule New York State Department of Labor ............................... Case Number ............................ 000~553 SUFFOLK t999A -Proof of coverage mus± be on form C-105.2 (Cer±ificate of Workers' Compensation Insurance) and must name ±his agency as a certififcete holder. -If Ne~ York Sta±e coverage is added ±o an exis±ing out of sta±e po]icy, i± can only be added to a policy of a company au±horized to wri±e Workers' Compensation coverage in ±his sta±e, and the coverage must be lis±ed under i±em 5A of the lnforma±ion page. -The con±tact mus± main±ain proof the± subcontractors doing work covered under ±his con±ract secure and main±ain a Workers' Compensa±ion policy for all employees working in New York S±ate. If you have any questions concerning the attached schedule or would like addi±ional informa±ion, please contac± nearest BUREAU of PUBLIC WORK District Office or wri±e to the NEW YORK STATE DEPARTMENT of LABOR, BUREAU of PUBLIC WORK, BUILDING 12, STATE OFFICE BUILDING CAMPUS, ALBANY, NEW YORK 12240. Distric± Office Locations: Telephone# FAX # Bureau of Bureau of Bureau of Bureau of Bureau of Bureau of Bureau of Bureau of Bureau of Bureau of Public Work - Albany Public Work Binghamton Public Work Buffalo Public Work - Hempstead Public Work Rochester Public Work - Syracuse Public Work Utica Public Work - White Plains Public Work - New York City Public Work Central Office DVE~IIME 518-457-2744 607-721-8005 716-847-7159 516-485-4878 716-258-4505 315-428-4056 515-795-2314 914-997-9507 212-552-6088 518-457-5589 518-485-1870 607-721-8004 716-847-7650 516-485-0522 716-258-4708 515-428-4671 315-795-2542 914-997-9525 212-552-6186 518-485-1870 (7/06/99) Following is an explanation of ±he code(s) listed in ±he OVERTIME section of each classification contained in the attached schedule. Additional reauirements may also be listed in ±he OVERTIME section. A ) Time and one half of the hourly rate after 7 hours per day. Time and one half of the hourly rate a~±er 7 and one half hours per day. ~A~ Time and one half of the hourly rate al±er 8 hours per day. B1) Time and one half of the hourly rate ~or the 9th ~ loth hours week days and the 1st 8 hours on Saturday. Double the hourly rate for all additional hours. C ) Double the hourly rate after 7 hours per day. Cl) Double the hourly rate after 7 and one half hours per day. O ) Double the hourly rate after B hours per day. Ol) Double the hourly rate after 9 hours per day. E ) Time and one half of the hourly rate on Saturday. El) Time and one half 1st 4 hours on Saturday. Double ±he hourly rate all additional Saturday hours. E2) Saturday may be used as a make-up day at straight time when a day is lost durzn~ that week due to inclemen± weather. ES) Between November Is~ and March 5rd Saturday may be used as a make-up day at straight time when a day is lost during that Heekdue to inclement weather~ provided a given employee ~as worked between 16 and 52 hours ±hat week. Eq) Saturday and Sunday may be used as a make-up day at s±raighk time Page 3 New York S±ate Prevjimim~ing. t Rate Schedule ~ ........................... ..---Case Number ............... 0003553 SUFFOLK 1999A ............................................................................... when a day is lost durin~ that week due to in¢lemen± Hea±her. F Time and one hell of ±he hourly rate on Saturday and Sunday. G Time and one half of the hourly fete on Saturday and Holidays. Time and one half of the hourly rate on Seturdey, Sunday, and Holidays. Time and one half of the hourly rate on Sunday. J Time and one half of the hourly rate on Sunday and Holidays. K Time and one hell of the hourIy rate on Holidays. L Double the hourly rate on Seturday. M Double the hourly rate on Saturday and Sunday. N Double the hourly rate on Saturday and Holidays. 0 Double the hourly rate on Saturday, Sunday, and Holidays. P Double the hourly rate on Sunday. Double the hourly rate on Sundry and Holidays. Double the hourly rate on Holidays. S Two end one half times the hourly rate for Holidays, if worked. Si) THo end one half times the hourly rate the first 8 hours on Sunday or Hoilidays. One and one half times the hourly rate all additional hours. T ) Triple the hourly rate for Holidays, if worked. U ) Four times the hourly fete for Holidays, if worked. V ) IncIuding benefits at SAME PREMIUM as shown for overtime. W ) Time and one half for benefits on all overtime hours. NOTE: BENEFITS are PER HOUR WORKED, ~or each hour worked, unless otherwise -- noted HOLIDAYS PAID Paid ~o~idays are days for which an eligible employee receives a regular day's pay, PUS is not requzred to perform WORK. Note: If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actuaIiy performed. OVERTIME Overtime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required where the empioyee actually performs work on such holidays. The appiicabIe holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay for these covered hoiidays can be found in the OVERTIME PAY section Iistings for each classification. Foliowing is an expIanation of the code(s) lis~ed in the HOLIDAY section of each ciassification contained in the attached scheduie. The Holidays as Iisted below are to be paid at the wage rates at which ~he empIoyee is normaIly classified. 1 None. 2 Labor Day. Memorial Day and Labor Day. Memorial Day, July qth, and Labor Day. i Memorial Day and July ~th. New Year's Day, Thanksgiving Day, and Christmas Day. Lincoln's Birthday, Washing~on's Birthday, and Veterans Day. Good Friday. Lincoln's Birthday. 10 Washington's Birthday. 11 Columbus Day. 12 Elec±ion Day. Prevailing Ra±e Schedule Ne~ York State Department of Labor ............................... Case Humber ........................ 000~553 SUFFOLK 1999A 15 16 17 18 19 20 21 22 25 26 Presiden±ial Elec±ion Day. 1/2 Day on Presidential Election Day. Ve±erans Day. Day after Thanksgiving Day. July qth. 1/2 Day before Christmas Day. 1/2 Bay before NeH Years Day. Thanksgiving Day. Christmas Day. Day before Christmas. Day before Ne~ Year's Day. Presidents' Day. Martin Luther King, dr. Day. ASBESTOS WORKER WAGES(per hour) Asbestos Worker ....... 7/01/1999 31.61 OVERTIME: See ( C, O, Tx, V ) on OVERTIME PAGE. ~ overtime code T applies to Labor Day only if worked. HOLIDAYS: PAIU: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6~ 7, 11, 16 ) on HOLIDAY PAGE. For Rem./Abatement: See ( I ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following percentage of Journeyman's 1st 2nd 3rd qth qO% ~0% /0% 80% SUPPLEMENTAL BENEFITS:(per hour ~orked) Journeyman $ 19.6q Apprentices Same % as wages of $ 19.6~ WA~ES Rem./Abatement only* .... $ 22.00 ~On mechanicial systems that are not to be scrapped. OVERTIME: Rem./Abatement: Time and One-Half after B hours per day and after 5 Hork days per Heek. Rem & Abatemen± $ q.00 9-12 BOILERMAKER ~ Page 5 Pr~iling Rate Schedule ~ New York State I Imartment of Labor .......................... ~ ..... Case Number ............. ~ ................. 0005555 SUFFOLK 1999A WAGES(per hour) 7/01/1999 Boilermaker ( 7-hour day ) ............. $ 53.00 Boilermaker ( B-hour day ) ............. 54.95 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE for 7-hour day. See ( D, 0 ) on OVERTIME PAGE for 8-hour day. HOLIDAYS: PAID: See ( 8, 16, 23, 2q ) on HOLIDAY PAGE. DVbRIIME: See ( q, 6~ 11, 12, 15, 25 ) on HOLIDAY PAGE. LABOR DAY, ~ worked, at quadruple rate. APPRENTICES: ( 1/2 ) year terms at ±he following percen±age of journeyman's wage. ls± 2nd 5rd 4±h 5±h 6th 7±h 8th 60Z 65% 70% 75% ~5 OZ 8b% ~)0% 9hZ SUPPLEMENTAL BENEFITS: (per hour worked) ~ 5.96 plus 47% of wage rate 4-5 CARPENTER WAGES(per hour) 7/01/1999 Building: Millwright ........... $ 51.58 OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: PAID: OVERTIME: See ( 18, lg ) on HOLIDAY PAGE. See ( 5, 6, 11, 15, 16, 18, 19, 25 ) for 1st 8 2nd yr. Apprentices See ( 5, 6, 11, 15, 16, lB, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2~d. ~rd. 4th. 55Z 65% /hZ 9~Z SUPPLEMENTAL BENEFITS:(per hour paid) Journeyman $ 25.89 Appr 1st term 15.94 Appr 2nd term 17.~5 Appr Srd term 19.42 AppP 4th term 21.55 9-740 CARPENTER Prevailing Rate Scheduie New York State Oepantmen± of Labor ............................. Case Number ....................... 000~553 SUFFOLK 1999A W~GES(per hour) 7/01/199g Carpe±/Resilient Floor Coverer ......... $ 30.30 OVERTIME PAY: See HOLIDAYS: PAID: PAID: OVERTIME: APPRENTICES: Is±. Znd. qO~ 50% ( B, E, Q ) on OVERTIME PAGE. See ( 18. 19 / on HOLIDAY PAGE. See ( 5, 6, 11, 13, l&, 18. 19, 25 ) for 1st 8 2nd yr. Apprentices See ( 5,6' 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. ( 1 ) year terms at the {ollowing percentage of Journeyman's Hage. 3rd. qth. 8OX SUPPLEMENTAL BENEFITS:(per hour worked) - See Below. 9-2287 CARPENTER WAGES(per hour) 7/01/1999 Piledriver ........... $ 31.55 Dockbuilder .......... 31.55 OVERTIME PAY: See ( B, E2, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( lB, 19 ) on HOLIDAY PAGE. PAID: See ( B, 6, 11, 13, 16, 18, 19, 25 ) for ls~ & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following oercen±age of Journeyman's 50% 65% SUPPLEMENTAL BENEFITS: (per hour paid) - See Below. 9-1q56 CARPENTER WAGES(per hour) 7/01/1999 Marine Cons±ruction: Marine Diver .......... $ 38.79 " " Tender .... 28.67 OVERTIME PAY: See ( B, E, E2, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( lB, 19 ) on HOLIDAY PAGE, ' Pr~.a~iling Ra±e Schedule Page 7 New York S±a±e ~ ~par±men± of Labor .......................... ~ ..... Case Number 0003553 SUFFOLK ~999A PAID: See ( 5, 6, 10, 11, 13, 16, 18, 19 ) for ls± 8 2nd yr. Appren±ices OVERTIME: See ( 5,6' 10, 11, 13, 16, 18, 19 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour paid) - See Below. 9-1qB6/D CARPENTER WAGES(per hour) Timberman ......... 7/01/1999 28.35 OVERTIME: See I 8, E, E2, q ) on OVERTIME PAGE. HOLIDAYS: PAID: See 18, 19 ) on HOLIDAY PAGE. PAID: See 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Appren±ices OVERTIME: See 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( i year ±erms a± ±he following percen±age of Journeyman's . ii!e'. 2n~. 3rd. SUPPLEMENTAL BENEFITS:(per hour paid) - See Below. 9-1536H CARPENTER The following Supplemental Benefi±s apply ~o ±he preceding Carpenter categories and/or Occupational ±i±les unless o~herwise no~ed. 7/01/1999 SUPPLEMENTAL BENEFITS:(per hour paid) Journeyman $ 21.65 Apprentices 15.35 9-NYC/Supp CARPENTER HAGES (per hour) Building: Carpenter ............... Heavy/Highwey: Carpenter ............... OVERTIME RAY: See ( B, E, HOLIDAYS: 07/01/1999 $ 29.13 $ 29.13 ) on OVERTIME PAGE. Prevail/hA Rate Schedule Ne~ York State Department of Labor ............................ Case Number 0003553 SUPPOLK 1999A I : See APPRENTICES : ls± yr 2nd yr 3rd yr qth yr on HOLIDAY PAGE. 5, 8, 10, 16 ) on HOLIDAY PAGE. 1 ) year terms at the ~ollowing Nages. Heavy/Nigh~ay Building $ ~1.6~ $ 11.6B 18.02 16.02 18.95 18.93 23.30 23.30 SUPPLEMENTAL BENEFITS:(per hour worked) Appr 1st 8 2nd terms Appr 3rd & qth terms $ 20,59 lq,31 20.59 q-SUF ELEVATOR NAGES (per hour) 7/01/1999 Elevator Constructor ..... $ 3q,q15 " Modern. 8 service... 28.575 Apprentice: OV[~TI~ PAY:CONSTR. See ( C, 0 ) on OVERTIME PAGE. OVERIIME PAY:MODERN./SERV. See ( B, H ) on OVERTIME PAGE. HOLIDAYS: rAID: See ( 5, 6. 7, 11, 16 ) on HOLIDAY PAGE, OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE, SUPPL~J~ENTAL BENEFITS:(per hour worked) Journeyman/Apprentice: Construction $ 10.B55 Modern./$ervice 10.705 (6) month terms at the following percentage of Journeyman's ~age. 3rd qth 5th 6th 7th 8th 9th lOth 65Z ~OZ /5X /5Z /5Z 7b~ 75X /b~ 9-1 GLAZIER WAGES(per hour) Glazier .............. $ 7/01/1999 28.25 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE. HOL~:See ( i ) on HOLIDAY PAGE. Page 9 Pr~iling Rate Schedule New York State ~ ~partment of Labor .......................... ~F ..... Case Number .................. 0003553 SUFFOLK 1999A OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( i ) year terms at the folowing percentage of Journeyman's ls~ 2nd 5rd qth 80% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 17.21 Appr 1st term 8.61 Appr 2nd term 10.07 Appr ~rd term 11.1q Appr qth term 12.50 9-1087 (DC9 NYC) ELECTRICIAN WAGES (per hour) 7/01/1999 q/29/2000 Electrician ............ $ 3q.25 $ 35.25 Fire Alarm ............. 3q.25 35.25 Audio/Sound ............ 3q.25 35.25 OV~RTIM~ PAY: See ( B, Q, V~ ) on Overtime Page. NOTE: ON NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND OTHER GOVERNMENT MANDATED WORK WHEN OFF SHIFT WORK IS REQUIRED,THE FOLLOWING PREMIUM RATES OF PAY SHALL BE IN EFFECT; 7/01/1999 SWING SHIFT q:$O P.M.to 12:30 A.M ..... $ q0.19 GRAVEYARD SHIFT 12:30 A.M.to 8:A.M ........ q5.01 HOLIDAYS: ~ See ( 1 IME: Sea APPRENTICES: wage. 2n qO% bOX SUPPLEMENTAL BENEFITS: q/29/2000 $ ql.36 46.33 on HOLIDAY PAGE. 5, 6, 16, 25 ) on HOLIDAY PAGE. year terms at the following percentage of Journeyman's 5th 60Z 10% (percents based on gross wages-others per hour) 7/01/1999 4/29/2000 Journeyman ~$.5% + 43.5% + App 1st yr 15% + 15% + $ 3.13~ $ 3.33~ Apr 2nd yr 15% + 15X + App 3rd yr q3.5% + Q$.5% + $ 5.q3N~ $ App 5th yr Apr 6±h yp PUMP & TANK NORK Page 10 Prevailing Ra±e ScheduIe New York State Department of Labor ............................... Case Number ........................ 0003553 SUFFOLK 1999A App ~th yr 43.5% + 43.5% + 43.5% + 43.5% + 43.5% + 43.5% + 7/01/1999 6/01/2000 6/01/2002 JOURNEYMAN ....... $29.22 $30.10 $31.30 OVERTIME; See ( B~ E, Q ) on OVERTIME PAGE. HOLIDAYS: Paid ( i ) Overtlme I 5, 6, 9, 16, 25 ) on HOLIDAYS PAGE. Appren±ices: One ( 1 ) year terms at the following percent of journeymans ra±e. 1st 2nd 3rd ~±h 5th AOX 50% 60% 70% 85% Supplemental BeneFi±s : per hour worked. 50 1/2% of hourly rate q-25 ELECTRICIAN For utility dis±ribu±ion & transmission line cons±ruc±ion. WAGES (per hour) 04/04/1999 Lineman / Splicer ....................... $ 30.50 ~ 31.00~ Material Man ............................ 26.54 26.97 Heavy Equip. Oper ....................... 24.A0 24.80 Groundman ............................... 18.30 18.60 Flagman ................................. 13.73 13.95 OVERTIME PAY: See ( B, Q ) on OVERTIME PAGE. 10/03/1999 See ( 1 ) on HOLIDAY PAGE. ME: See ( 5, 6, 8, 9. 10, 11, 16 ) on HOLIDAY PAGE. ~ APPRENTICES: 1000 hour periods a± ±he following percen±age oF journeyman,s 1st..2nd. 7~. 4th. ~5~. 6±h. 7i:h. 6O~. 65% lb% 8b% 90% SUPPLEMENTAL BENEFITS: (percen±s based on gross wages-o±hers per hour) 04/04/99 10703/99 15 % + 15 % + $ 3.ql $ 3.79 Page ll Pm~iling Rate Schedule Labor ............ I ..... Case Number ................. 0005553 SUFFOLK 1999A q-1049 line ELECTRICIAN Applicable to electrical maintenance of existing electrical systems including, but not limited to, traffic signals and stree± lighting. WAGES [per houri 7/01/i999 Electrician $ 27.30 OVERTIME PAY: See ( B, H, ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( i ) on HOLIDAY PAGE. UVl~IME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: [ 1 ) year terms at the following wage. is, 2nd ~ 4±h 5±h 40% 50% /0% 80% SUPPLEMENTAL BENEFITS: (per hour worked) $ 11.98 TREE TRIMMER - Line Clearance Specielis± WAGES (per hour) OVERTIME: See ( B, E, P, 7'/01/1999 01/03/2000 12/50/2000 $ 19.02 $ 19.50 $ 19.99 T ) on OVERTIME PAGE. HOLpA1D:.SeeIOAYS ( 5, 6, 8, 9, 10, 11, 16, ) on HOLIOAY PAGE. OVERTIME: See [ 5, 6, 8, 9, 10, 11, 16, ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: [per hour worked) $ 3.37 + $ 3.87+ $ 4.i2+ 12.5 % 12.5 % 12.5 % 4-25m 01/06/2002 $ 20.44 $ 4.37+ 12.5 % 4-1049 IRONWORKER WAGES{per hour) 7/0i/i999 Page 12 Prevailing Ra±e Schedule Ne~ York State Department of Labor .............................. Case Number ............................ 0003553 SUFFOLK 1999A ......................................................................... Structural ........... $ 37.70 Riggers .............. 37.70 Machinery Movers ..... 37.70 " " Erectors... 37.70 OVERTIME PAY: See ( B, E~, Q, V ) on OVERTIME PAGE. ~ for 1st 8 hours, double time thereafter. HOLIDAYS: PAIU: See ( 18, 19 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 18, 19 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ~ year terms at the following wage. 15t. 2nd. 3rd. qth. 5th. 6th. $ 20.55 21.15 21.15 21./5 21./b 21.75 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 22.33 Apprentices 17.88 9-40/361 IRONWORKER WAGES(per hour) 7/01/1999 31.45 V ) on OVERTIME PAGE. Reinforcing & Metal Lathing .......... OVERTIME PAY: See ( C, O, HOLIDAYS: -'"~ee ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 13, 18, 19 ) on HOLIDAY PAGE. APPRENTICES:( 1 ) year terms at ~he following Hage rates. 1st 2od 3rd $i6.00 $18.88 $21.~6 $Zq.82 SUPPLEMENTAL BENEFITS:(Der hour worked) Journeyman $ 17.48 Appr ls~ ~erm 10.68 2nd ~erm 11.68 3rd ~erm 13.68 4th ~erm 16.68 9-46 IRONWORKER WAGES(per hour) 7/01/1999 Ornamental ............. $ 34.04 Pr~iling Ra±e $cheduIe Ne~ York $±ate ~ ~epartment of Labor .......................... ~ ..... Case Number .............. ~ .................. 000355~ SUFFOLK 1999A Chain Link Fence ....... ~q. Oq Guiderail Installation. 5q. Oq OVERTIME PAY: See A, Ol, Ex, Q, V ) on OVERTIME PAGE. ~Double time al±er 7 hours on Saturday. HOLIDAYS: RAID: See ( 1 on HOLIDAY PAGE. OVERTIME: See 5, 6, 8 ) on HOLIDAY PAGE. APPRENTICE (1/2 ) year terms at ±he following percentage of Journeyman's weg e. lsd. 2nd. 5rd. q±h. 5~h. 6th. 60% 6hZ 70% 80% 85% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 18.26 Appr is± term 16.17 Appr 2nd term 16.43 Appr Srd term 16.69 ADpP qth term 17.22 AppP 5th term 17.48 Appr 6th term 18.00 9-580 LABORER HAGES (per hour) Building Laborer: Except Abatement ...... For Abatement See Beio~ OVERTIME PAY: See ( A, F, E2 ) on OVERTIME PAGE. HOL~o~.'S;~ (1)on HOLIOAY PAGE. See ( 5, 6, 10 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 15.98 Abatement Only: ................ $ 22.00 Supplemental Benefits ( per hour Norked ) ............ $ 4.00 7/01/1999 $21.28 + $1.59 addit.(Allocation to be determined) 4-66 LABORER - HEAVY/HIGHNAY Laborer (Heavy/Highway): Group # 1: Asphalt Rakers and Formsetters. Group # 2: Asphalt Shovelers, Roller Boys and Tempers. Page lq Prevailing Ra±e Schedule Ne~ York S~ate Depertmen± of Labor ............................. Case Number ......................... 0003553 SUFFOLK 1999A Group ~ 3: Basic Laborer, Power Tool. Trackmen, Landscape, Pipelayer, Jackhammer and Concre±e. NAGES (per hour) 7/01/1999 Heavy/Highway Laborer: Group ~ 1 ............. ~ 25.67 Group ~ 2 ............. 25.08 Group ~ 3 ............. 23.12 NOTE: PREMIUM PAY 20% on straight time hours for MEN YORK STATE D.O.T and o±her GOVERNMENTAL MANDATEO off-shlf± work. OVERTIME PAY: See { B, F, E2 ) on OVERTIME PAGE. ~ee ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 1 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour Horked) $ 12.87 ($ 5.05 after qO regular hours) q-i298 MASON-Buildinq WAGES(per hour) 7/01/1999 Building: MarbIe/ Sawyer, Rubber & Polisher ............ $ 29.85 Marble Res±ora±ion Finishers ............. lq.82 1/01/2000 29.98 15.07 OVERTIME PAY: See ( A, E, q, V ) on OVERTIME PAGE. PA~U ROLiDAY: Journeymen receive 1/2 days pay for Labor Day. Cleaner~ Mazntenance and 1ST three terms of Appren±ices See ( 5, 8~ 11, 1~ on HOLIDAY PAGE. Ali o±hers See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 11, 15 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year ±erms a± ±he following percen±age of Journeyman's wa e ls~ ' 2nd ~ q±h ~ ~ ~ 8th 50% b5% 65% 9b% SUPPLEMENTAE BENEFITS:(per hour worked) Journeyman ~ 12.33 Cleaner/Maintenance 2.40 Appr 5.80 + wage percen±ege of $ 6.09 9-7/2~ MASON - Building Page 15 Pr.~iiling Ra±e Schedule Ne~ York S±a±e ~ ~par±men± o~ Labor .......................... ~ .... Case Numbe~ ................. 0003553 SUFFOLK 19ggA NAGES(per hour) 7/01/1999 Building: Bricklayer .......... $ 31.73 OVERTIME PAY: See ( A, E, E2, q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hour ) ±erms e± ±he ~ollo~ing percen±age of Journeyman's ~age. _ is± 2nd 3rd qth 5TH (500 Hrs) 6TH (500 Hfs) bOX 60% /0% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour ~orked) Journeyman $ 1B.q6 Appr 8.28 9-1Brk, MASON-Buildina Unit Pavinq NorkN ~ Shall include bu± no± limi±ed ko: ~ired clay brick pavers, pre-cask con- cre±e slabs (london ~alks), pressed concre±e pavers, cobbie s±one, all ±ypes of flagging, asphalt concrete pavers- asphal±ic cement sand and stone aggregate, uni± safe~y surface. NAGES(per hour) 7/01/1999 8/01/1999 Journeyman .............. $ 23.72 addi~. Apprentice ( one year ±erm ) .... 20.07 .70/hr. OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( ! ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour Horked) Journeyman $ i0.76 Appr 5.98 9-1 Paver PLASTERERS - SKIMCOATING HAGES(per hour) 7/01/1999 Journeyman ........... $ 26.31 OVERTIME PAY: See ( C, E2, 0 ) on OVERTIME PAGE. Page it Prevailing Rate Schedule NaM York State Oepartment of Labor ............................. Case Number ....................... 0005553 SUFFOLK 1999A HOLIDAYS: PAID: See ( i ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 13, 18 , 19 , 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's Hage. ls± 2nd 5rd qth 5th 6th qO% qb% 55% 6OM 70Z /5% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 12.65 9-530 MASON - Pointer/Caulker/Cleaner WAGES(par hour) 7/01/1999 27.16 ) on OVERTIME PAGE. Pointer, Cleaner,8 Caulker (Mason) ..... $ OVERTIME PAY: See ( B, H HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25, 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ±arms a± the following wage rates. 1st Znd 5rd q~h $12.25 16.25 19./b Z$.00 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 11.75 Appr ls~ term 2.50 Ampr 2nd term 2.75 ADpP 5rd ±arm 4.50 Appr 4±h term 6.50 9-1PCC MASON WAGES(per hour) Cemen~ Mason ......... OVERTIME PAY: Sea ( C, OVERTIME: 7/01/1999 55.25 O, V ) on OVERTIME PAGE. 1 ) on HOLIDAY PAGE. See ( 5, 6, 8, li, 15, 25 ) on HOLIDAY PAGE. Pr~.~iling Rate Schedule Page 17 New York S±a±e ~ ~par±men± of Labor .......................... ~ ..... Case Number .................. 0003555 SUFFOLK 1999A APPRENTICES: is± 50% ( 1/2 ) year ±erms a± ±he following percen±age of Journeyman's 2nd Srd ~±h 5±h 6±h 60% 70M ~OZ 90Z 95Z SUPPLEMENTAL BENEFITS:(per hour worked) $ lq.14 9-780 MASON - Building HAGES(per hour) Building: Plas±erer ............ 7/01/1999 29.27 OVERTIME PAY: See ( HOLIDAYS: PAID: See ( 1 ) OVERTIME: See ( APPRENTICES: ( 1 SUPPLEMENTAL OENEFITS:(per hour worked) Journeyman $ 12.25 AppP is± ±hree mon±hs 0.00 Ali o±her Appr 12.25 A, G, P, V ) on OVERTIME PAGE. on HOLIDAY PAGE. 5, 6, 25 ) on HOLIDAY PAGE. ) year ±erms a± ±he following percen±age of journeyman's 9-202P MASON-Buildinq WAGES (per hour) 7/01/1999 Building: Mosaic ~ Terrazzo Horker...$ 31.38 " Helper...$ 30.07 OVERTIME PAY: See ( A E, Q, V* ) on OVERTIME PAGE. ~ $ 5.q~ added ±o supplemen±s. "OL~x~?:See'~*"~ ( i ) on HOLIOAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 15, 16, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) $ 13.85 Page 18 Prevailing Ra±e Schedule Ne~ York S±a±e Oepar±men± of Labor ........................... Case Number ......................... 0003553 SUFFOLK ]999A 9-7/3 MASON - Buildinq HAGES(per hour) Building: Tile Layer ........... 7/01/1999 11/01/1999 30.26 31.26 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIOAYS: PAIU: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 15, 16 I on HOLIDAY PAGE. APPRENTICES: ( 750 hr)±erms a± ±he following peroan±age of journeyman's ~age. ls± 2nd 3rd q~h 5±h 6±h 50% 55% 65% 75% 85% 95% SUPPLEMENTAL BENEFITS:(par hour ~orked) $ i4.$2 14.82 9-7/52 MASON - Buildinq NAGES(Der hour) 7/0i/i999 12/01/I999 Buiiding: Tile Layer Helper & Finisher ....... $ 25.74 28.24 OVERTIME PAY: See ( A, E, Q ) ON OVERTIME PAGE. HOLIDAYS: PAIO: See ( i ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, lO, il, 15, I6 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) $ 11.08 Ii.25 9-7/88 IRONNORKER WAGES(Der hour) 7/01/1999 Oerrickman/Rigger .... $ $0.59 + $1.59 Addi±. (Alloca±ion ±o be de~ermined) OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: Page 19 Pr iling Rate Schedule ~ New York S±a±e~_-par±men± of Labor ......................... Case Number ............................... 0003553 SUFFOLK 1999A PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year ±arms a± ±he following percentage of journeyman's ls± 2nd Srd 4±h 5±h 6th bO% 60% 70% 80% 90% 90% SUPPLEMENTAL BENEFITS:(per hour worked) $ 22.64 9-197 MASON - Buildinq WAGES(per hour) 7/01/1999 1/01/2000 BuiIding: Marble Cu±±ers 8 Sea±ers ............. $ 3~.73 34.88 OVERTIME PAY: See ( B, O, V ) on OVERTIME PAGE e±±ached. PAiD HOLIUAY: Journeymen receive 1/2 days pay for Labor Day. Appren±icas 1S~ ±hree ~erms See ( 5, 6, 8, ii, i5 ) on HOLIDAY PAGE, Plus any day following a Thursday or Sunday Holiday. All o±hers See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, i5, ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year ±arms a± ±he folIoHing percen±age of journeyman's ls± 2nd Srd 4±h 5±h bO% bb% 65% 70% 80% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 15.65 Appr 5.90 + wage'percen±age of $ 9.75 9-7/4 MASON-Buildinn WAGES(per hour) Marble-Riggers. Crane ~ Derrickman...$ 7/01/1999 1/01/2000 27.72 28.72 OV[RTIM~ ~AY: See ( C, O, V ) on OVERTIME PAGE. PAIU HULID~Y: 1/20ay for Labor Day. OVERTIMk: See ( 5, 6, 8, ii, 15, 25 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) Page 20 Prevailing Rate Schedule New York Sta±e Oepartment of Labor ........................... Case Number ..................... 0005553 SUFFOLK i999A $ 16.87 16.82 9-7/20 PAINTER AND DRYNALL FINISHER NAGES (per hour) Brush, Paper Hanger,Taper Structural S±eel ......... Spray, Scaffold,Sandblas± Repaint/Renova±ion 7/01/1999 26.05 33.63 28.47 20.89~ ~Additional $2.00 per hr. for Hanging Scaffold, Spray, Sandblas±ing, and Rolling Scaffold 20' and over. Lead Abatement a± same rate as classification. OVERTIME PAY: See ( A, E, K ) on OVERTIME PAGE. UVbNTIME HAY-Repain±/Renovation: See ( B ) on OVERTIME PAGE. ~ See ( i ) on HOLIDAY PAGE. OVENIIME: See ( 5, 6 ) on HOLIDAY PAGE. APPRENTICES: ( 1 )is±Year termsda±2n ~hesrdfollo. ing rates. Brush $ 10,73 16.01 19.11 Scaf~./SB 11,84 i7.6£ 21.09 S±ruc. S~l. 12,94 19.2q 25.08 Rpt/Ren. 10,75 iG.01 Ig.li SUPPLEMENTAL BENEFITS: (per hour worked) Rpt/Ren. Journeyman ~ 15.67 Ali o~her Journeyman i5.67 Appn ls± year q.76 A~pr ail o~her ±erms lC.lB q-1486 PLUMBER NAGES (per hour) Plumber .............. OVERTIME PAY: See ( A, 0 See ( 1 ) IME: See ( APPRENTICES: ( i ) 7/01/1999 10/51/1999 $ 35.65 $ 5q.15 ) on OVERTIME PAGE. on HOLIDAY PAGE. 5, 6, 15, 25 ) on HOLIDAY PAGE. year ±erms aG ~he following percentages of Journeyman's Page 21 Periling Rate Schedule ~ New York State ~ ~epartment of Labor ......................... ~ ..... Case Number .............. ~ .................. 0003553 SUFFOLK 1999A let 2nd 3rd qth 5th 50% 65% 70% 75% SUPPLEMENTAL BENEFITS: (per hour worked~) Journeyman $ 15.63 $ 15.90 Appr let ±rrm 9.26 AppP 2nd ±rrm 10.3Q 11.07 Appr 3rd term 10.95 11.25 Appr qth ~erm ll.6q 11.95 Appr 5th term 12.02 12.53 ~Sunday and Holiday Benefits paid at Double Time rate. RUMR ~ TANK WORK Journeyman ................. $ 28.50 Overtime: ( B, E, ~ ) on Overtime Page. Holidays: Paid ( i ) Over±ime ( S, 8, 9, 10, 16 ) on Holiday Page. Apprentices: One year ±erms at the following percent of Journeyman,s rate. let 2nd 3rd qth qO% 50% 60% 70% Supplemental Benefits ; per hour worked. Journeyman ................. $ iq.71 App. let yr ................... 6.06 App. 2nd yr ................... 7.37 App. ~rd yr ................... 8.83 App.' ~th yr .................. I0.29 q-200 STEAMFITTER WAGES(per hour) 7/01/1999 Steam Fitter .......... $ 35.30 Sprinkler Fitter ...... 35.30 For Hork on Temporary Heat & Air Conditioning ....... $ 25.88 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOk~S~.. ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms et the following percentage of Journeyman's 1~ 2nd. 3rd qth. 5th. qO% 50% 6b~ ~O% ~b% SUPPLEMENTAL BENEFITS:(per hour pa~d) Page Z2 Prevailing Ra~e Schedule New York Sta±e Depar±men± oe Labor ................................ Case Number ........................ 0003553 SUFFOLK 1999A For Nork on Temporary Hea± ~ Air condi±ioning Appren±ices $ 17.50 + .3q per hour worked lq.q9 + .3q per hour worked ±rrm percen±age of 17.50 plus .Sq per hour worked 9-638A STEAHFITTER NAGES(per hour) 7/01/1999 S±eamfi±±er ......... $ 22,30 Refrigera±ion, A/C, Oil Burner and S±oker Service and Ins±alia±ions, limi±ed on Refrigeration ±o combined compressors up ±o five (5) horsepower, and on A/C Hea±ing and Air Cooling ±o combined compressors up to ±er (10) horsepower. OVERTIME PAY:See ( B, E, q~, S~ ) on OVERTIME RAGE. HOLIDAYS: PAIU: &er ( 2, 8, 9, 10, ll, 15, 17, 28, Memorial Day ) on HOLIDAY RAGE. OVERTIME: ~ ( 2, 6, 9, 15, 17 ) ~ ( 10, 11, 26, Memorial Bey ) APPRENTICES: ( 1 ) year ±erms a± the following wage. ls~ 6 mo 2nd 6 mo 2nd ~r 3rd yr q~h ~r $6.72 iO.BS 15.0q 15.19 1B.S1 SUPPLEMENTAL BENEFITS:(per hour worked) Journeymen $ 8.06 Appr is± ±rrm 7.00 Appr 2nd term 6.56 Appr 3rd term 6.01 Appr q±h ±erm 5.56 9-638B ROOFER H~ES (per hour) 7/01/1999 Roofer/Ha~erproofer ..................... $ 25.50 OVERT~M~ PAY-~e~ Roof: SeeBEq(,A',E')Q ) on OVERTIME PAGE. OVERTIME PAY-Retool: See ( on OVERTIME PAGE. HOLIOAYS: ~ See ( i ) on HOLIDAY PAGE. O~IME: See ( 5, 6, 10, 13, 16 ) on HOLIDAY PAGE. New' York' S±ate Pr~kailing~ Rate Schedule ~ Page 23 Case Number ............. 0003553 SUFFOLK 1999A ............................................................................... APPRENTICES: ( 1 1st 2nd 5rd qO% 50% /0% 80% SUPPLEHENTAL BENEFITS: (per hour worked) Journeyman Apprentices 1st 2nd ) year ~erms at the following percentage of journeyman,s Haga. $ 17.57 2.00 3.75 9.57 13.91 4-15q SHEETMETAL HORKER WAGES (per hour) Shee~metal Horker .... 07/01/1999 $ 31.89 For Temporary Opera~ion or Main±.of Fans and Decking & Siding Honk: ........ 80% Of Shee~me±al Honker Rate. OVERTIME PAY: See ( C~ E2, O, V ) on OVERTIME PAGE. ( D, E2, O, V ) For FAN MAINT.-DECKING 8 SIDING. HOliDaYS: ~ See ( 1 ) on HOLIDAY PAGE. O~IME: See ( 5, 6, 11, 12, 15, 25, 26 ) on holiday page. APPRENTICES: ( 1/23d)ryear ±erms at ±he following percen± of journeyman rate ls~ 2nd 4~h ~ 6ih 7±h 8*h 50% 55% qO% 45% 55% 60% 70% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $ 19.91 AppP lsi ~erm 5.53 Appr 2nd ±arm 6.46 AppP 3rd *arm 7.31 AppP 4±h ~erm 8.52 Appr 5~h ~erm 9.41 AppP 6*h term il.85 AppP 7±h ~erm i3.18 Appr 8~h ±arm 15.56 4-28 WELDER Welder... To be paid ±he ra~e of Abe mechanic performing ~he work. TEAMSTER-Buildinq Page 24 Ppevailing Rate Schedule New York State Department of Labor .............................. Case Number ........................... 0003553 SUFFOLK 1999A Truck Driver (Building and Heavy/Highway): GROUP 1: Chauffeur and Excavation. WAGES (per hour) 7/01/1999 Truck Driver (Building and Heavy/Highway): Group 1 ................. $ 26.955 Drivers of three-axle tractors 8 trailers, Sq. O0 per day additional. Drivers of heavy equipment 8 tagalong trailers, $10.00 per day additional. Drivers of boom trucks, SB.O0 per day addi±ional. OVERTIME PAY: See ( B, E, R ) on OVERTIME PAGE. HOLIDAY: ~See ( 5, 6, 16, 25 )~ on HOLIDAY PAGE. ME: See ( 5, 6, 16, 25 )~ on HOLIDAY PAGE. N must work two days in holiday week. SUPPLEMENTAL BENEFITS: (per hour worked) STRAIGHT TIME ............ $ 18.0025 OVERTIME ................. 9.40S75 4-2B2nsh TEAMSTER- Demoli±ion/Oebris, Asbestos/Toxic Waste WAGES (per hour) 7/01/1999 Truck Driver, Chauffeur or Loader/Operator S±right Jobs ........... $ 20.$5 Trailers ................ 20.65 OVERTIME PAY: See ( B, L, S, SI,) on OVERTIME PAGE. ~)See ( 5, 6, 7, 8, 11, 12~ 26 ) on Holiday Page. (~) Must work ±we days zn Holiday week SUPP~MENTA~ BENEFITS: (per hour worked) ~trigh± time $ 12.S5 Addi±ionat ~or Over±ime ~.74 4-282.Demo SIGN ERECTOR WAGES (per hour) Sign Erector ......... $ Plas±ic Mechanic ..... 7/01/1999 24.65 19.72 Page Z5 P~l~lkailing Rate Scheeule New York S±a~e ~ lepar±men± of Labor ......................... ~ ...... Case Number ................. 0003555 SUFFOLK 1999A ............................................................................... OVERTIME PAY: See ( A~ H ) on OVERTIME PAGE. HOLIDAYS: PAiU: See ( 5, 6~ 10~ 11, 12, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5~ 6~ 10, 11~ 12, 16 ) on HOLIDAY PAGE. APPRENTICES: (1) year terms at the following percen±age of Journeyman's wage, ls± 2nd 3rd ~±h 5±h 35% qb% 55% 65% /5% SUPPLEMENTAL BENEFITS: Journeyman $ 4;62 per hour paid + 20 Z of wage $ 27.00 per day paid Appr ls± yr Appr 2nd yr Appr ~rd yr Appr ~th yr Appr 5th yr $ 2.05 per day worked + $ 0.20 per hour worked + Employee share of Soc. Sec. $ 1.958 per hour paid + 2% of gross wage + $ 0.20 per hour worked + $ Ii5.00 per month $ 2.q~ per hour paid + 2% of gross wage + $ 0.20 per hour worked + $ 115.00 per month $ 2.922 per hour paid + 18% of gross wage + $ 2.00 per day paid + $ 0.20 per hour worked ~ ~.qOq per hour paid 20% of gross wage + ~ 4.00 per day paid + 0.20 per hour worked $ ~,q68 per hour paid plus 20% of gross wage plus $ 6.00 per day paid plus $ 0.20 per hour worked 9-137 PAINTER - Stripina Hiahway WAGES(per hour) Painter (Striping-Highway): Striping-Machine Operator ....... " Helper .................... Linerman ....................... OVERTIME PAY: See ( 7/01/1999 21.57 15.79 24.09 B, E, P, S ) on OVERTIME PAGE. Page 26 Prevailing Ra~e Schedule New York Sta±e Department of Labor ............................. Case Number ................ 0003553 SUFFOLK 1999A HOLIDAYS: rAID: See ( 2,(B.,11,2 12, t5, 16. 17, 20 )ON HOLIDAY PAGE. OVERTIME: See 8, 11, 12, 15, 16, 17, 20, 21, 22 ) ON HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:{per hour paid) 22% of wage + $0.50 9-8a/ZBa r230) SURVEY CREN - Buildinq NAGES:(per hour) Survey Rates-Building: Parry Chief ......... $ Ins±rument Man ...... Rodman ............... 7/01/1999 30.01 25.60 17.48 OVERTIME PAY: See (~hStHuA'eE~'hq'oV ) ON OVERTIME PAGE. ~Oouble~ime paid on r on Saturday. HOLIDAYS: PAIU: See ( 5, 6, 8, 11, 15,16,25 )on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 16, 25 )on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following Nage Pates. ist ±erm $ 9.97 2nd term lq.l~ SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $ 15.15 Apprentice 8.65 9-15Db SURVEY CREW - Heavy/Hiqhuay WAGES: (per hour) 7/01/1999 Survey Rates-Heavy/High~ay: Party Chief ............. $ 29.14 Instrument Men .......... 25.~1 Rodmen .................. 20.65 OV[RT~E: See ( B, E~ Q, V ) ON OVERTIME PAGE. ~Uouble±ime paid on the gth hour on Saturdey. HOLIDAYS: HAID: See ( 5, 6. 7, il, 12 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, il, 12 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms a± the ~olloHing wage rates. 1st ~erm $ 9.97 2nd ±erm l~.lfl Page 27 R~l~ailing Ra±e Schedule ~ New York S±a±e ~ ~epartmen± of Labor ......................... ~ ..... Case Number ............................... ~ 0005555 SUFFOLK 1999A SUPPLEMENTAL BENEFITS Journeymen Apprentice (per hour paid) ~ 15.15 8.65 9-15D-N/S CO. SURVEY CREW - Consultinq Enoineer CONSULTING ENGINEER SURVEY Feasibility and preliminary design surveying, line end grade surveying for inspec±ion or supervision of cons±ruc±ion when performed under a Consul±lng Engineer agreement. NAGES:(per hour) Survey Re±es: Party Chief ......... Ins±rumen± Man ...... Rodmen .............. 7/01/1999 25.96 20.66 17.88 OVERTIME PAY: See ( B, Ex. Q, V ) ON OVERTIME PAGE. ~Doubletime paid on the 9th hour on Saturday. HOLIDAYS: FAiD: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. APPRENTICES: [ 1 ) year ±erms a~ ±he following wage rates. ls~ term $ 9.87 2nd ~erm l~.Oq SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $ 9.55 Apprentice 6.75 9-15dconsult CORE DRILLING WAGES[per hour) i0/i6/i998 10/I6/I999 Core OriIIing: Driller .............. $ 22.23 addi~. Helper ................ 18.72 $1.O0/hr.(Alloca~ion to be de~ermined) No±e: Hazardous Waste Pay Differential: For Level C, an addi±ional $ 0.25 per hour For LevelB' an additional .75 per hour For Level A, an additional 1.00 per hour No±e: When required ~o work on Ha±er: an additional $ 0.25 per hour. OVERTIME PAY: See ( B, E, K~, P, R~ ) on OVERTIME PAGE. HOriZOnS: See ( 5, 6 , on HOLIDAY PAGE. r'age 2~ Prevailing Ra±e Schedule Ne~ York S±a~e Depar±men± of Labor ............................. Case Number ......................... 0005553 SUFFOLK 1999A OVERTIME: ~ See ( 5, 6 ) on HOLIDAY PAGE. ~ See ( 8, 10, 11, 15 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) .69 9-1556 POWER EQUIPMENT OPERATOR - Heavv/Hiqhway WAGES (per hour) 7/01/1999 8/01/1999 Well Driller: Well Driller: .......... $ 25.61 $ 23.72 Well Driller Helper:... 21.07 21.10 OVERTIME PAY: See ~ B, E, G, P ) on OVERTIME PAGE. ~See ( 5, 6, 10, 12, 16 ) on HOLIDAY PAGE. DV~RIIME: See ( 5, 8, 10, 12, 18 ) on OVERTIME PAGE. Apprentices: ( I ) year terms a~ the following re±es; lst.yr ............... $ 11.00 $ 11.00 2nd.yr ............... 12.50 12.50 5rd.yr ............... 14.50 lq.50 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ...... $ 8.50 + $ 7.95~ + 1DX of rate 1DX o~ rate *over±ime $ 9.95 + 10% of rate Apprentice ...... $ 5.00 + 10% of rate $ 5.00+ 1DX of rate 4-158well POWER EQUIPMENT OPERATOR - Buildinq LA~S A : Asphal~ Spreader, Backhoe Crawler, Boiler, Borin~ Machine, Cherry inker (oven 50 ±ons)~ Concrete Pump, Crane/ Derrick, Dragl~ne, Dredge~ Gnadell~ Grader, Hoist, Loadin~ Machine (10 yds or mone)~ Milling Mach~ne~ Pile Driven, Power Winch-Stone Setting/Structural Steel/Truck Moun~ed, Powerhouse, Road Paver, Scoop-Carryall-Scraper in Tandem. Shovel, Sideboom Tractor, Stone Spreader (Sel~ Propelled), Tank Work, Tower Crane Engineer. C~A~S B : Backhoe, Boom Truck, Bulldozer, Broing Machine/Auger, Cherry Pzcker, Conveyor-Multi, Dinky Locomotive, Fork L~ft, Hoist (2 Drum), Leading Machine A Front Loader, Mulch Machine (Machine fed), Power Winches (All others no* included in CLASS A), Asphalt Roller, Hydraulic Pump with Bonin~ Machine, Scoop, Carryall, Scraper, Malnt. Man on Tower Crane, Trenching Machzne, Vermeer Cutter, Work Boa±. Page 29 P~mm~aiiing Rate Scheeule ~{~ Ne~ York State ~ ~epartment of Labor ......................... ~ ...... Case Number ............................... -~- 0003553 SUFFOLK 1999A C~ASS "C": Curb Machine, Maintenance Engineer (Small Equip. ~ Hell Point), kzeld Mechanic, Milling Machine (Small), Pulvi-Mixer, Pumps, Roller (Dirt), Var-All, Helding/Burning, Compressor (Structural Steel 8 2 or more in Battery), Concrete Fini-shing Machine. Concrete Spreader, Conveyor, Curing Machine, ' Firemen, Hoist (One Drum), Ridge Cutter, Striping Machine, Heldzng Machine [Structural S~eel 8 Pile Hork). CLASS "D': Compressor (Rile, Crane, S±one Setting), Concrete Breaker/SaN Cutter, Work Lift (Halk Behind/Rower Operated), Genera±or (Rile Hork), Hydra Hammer. Hand Opera±ed Mechanical Compac±ors, Rin Ruller, Rortable Hea±er, Rower-Broom/Buggy/Grinders, Pumps-Single Ac±ion I to 3 inches/Gypsum/Double Action Diaphragm, Hand Trenching Machzne, Melding Machine. Class "E": Be±chino Rlan~, Genera±or, grinder, Mixer, Mulching Machine, Oiler, Pump (Centrifugal up to 3 inches), Root Cu±±er, Stump Chipper, Oiler on ToNer Crane, Track Tamper, Trac±or, Vibrator, Deckhand on Work Boat. HAGES (per hour) 7/01/i999 CIass "A" ............... $ 31.i6~ ~Add $3.00 for Hazardous HasAe Hork Class "B" ............... 29.q8~ ~Add $2.00 for Hazardous Has~e Honk Class "C" ............... 28.36~ ~Add $1.00 for Hazardous Haste Honk Class " B" ............... 26.11 Class " E" ............... 24.99 ~Crenes : Boom leng±h, ov~r 100 foo~ add $ 0.50 p~r h~ur " " 150 , . $ 0.75 " " " " 250 " " $ 1.00 " " " " " " 350 " " $ 1.50 " " OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIDAYS: PA~O: See ( 5, 6, 7, 8, il, i6 ) on HOLIDAY PAGE.~ ~must Honk day before & day al±er, or receive 2 hours per in~ermi±tent day OVERTIME: See ( 5, 6, 7, B, ii, 16 ) on HOLIDAY PAGE.** APPRENTICE ........ $ 16.89 SUPPLEMENTAL BENEFITS: (per hour worked) $ 21.0~ No±e No±e: OVERTIME JOURNEYMAN $ 22.~0 -- APPRENTICE $ 13.0~ Note No±e OVERTIME APPRENTICE $ 8.qO 4-138 POHER EQUIPMENT OPERATOR - Heavy/Highway HEAVY / HIEH AYH : ~A~S "A": Asphal± Spreader, Backhoe Crawler, Boiler, Borin~ Machine, Cherry Pzcker [over 50 ~ons). Concre±e pump, Crane, Derrick, Draglzne, Dredge, Grade11, Grader~ Hois~ Loading Machine (10 yds or more). Milling Machine, Pile Oriver~ Power Hznch-S±one Se~ing/S~ruc~ural S~eel/Truck Moun~ed, Powerhouse, Road Paver. Scoop-Carryall-Scraper in Tandem. Shovel, Sideboom Tractor, S~one Spreader (Sel~ Propelled), Tank Honk, Tower Crane Engineer,Track Alignmen± Page 50 Prevailing Rate Schedule New York State Departmen± of Labor ........................... Case Number ........................ 0003553 SUFFOLK 1999A Machine. CLASS "B": Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Cherry Picker, Conveyor-Multi, Dinky Locomo±ive, Fork Li~±, Hoist (2 Drum), Loading Machine and Fron± Loader, Mulch Machine (Machine fed), Power Winches (A]i o±hers not included in CLASS A), Asphal± Roller, Hydraulic Pump wi±h Boring Machine, Scoop, Carryall, Scraper, Main±. Man on Tower Crane, Trenching Machine, Vermeer Cu±±er, Work Boat. CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. A Nell Poin±)~ d F~eld Mechanic, Milling Machine (Small), Pulvi-Mixer, Pumps, Roller (Dirt), Var-All, Melding/Burning, Compressor (Struc±ural S±eel A 2 or more in Battery). Concrete Finishing Machine, Concre±e Spreader, Conveyor, Curing Machine, Fireman, Hois± (one drum), Ridge Cu±±er, S±riping Machine, Melding Machine (S±ruc±ural S±eel & Pile Work). CLASS "B': Compressor (Pile, Crane, S±one Setting), Concrete Breaker/Sa~ Cutter, Work Li~± (Walk Behind, Po~er Opera±ed), Generator (Pile Work), Hydra Hammer, Hand Opera±ed Mechanical Compactors, Pin Puller. Pot±able Hea±er, PoHer-Broom/Buggy/Grinders, Pumps-Single Ac±ion i to 3 inches/Gypsum/Double Ac±ion Diaphragm, Hand Trenching Machine, Melding Machine. Class "E": Batching Plant, Genera±or, Grinder, Mixer, Mulching Machine, Oiler, Pump (Centrifugal up ±o 3 inches), Root Cutter, Stump Chipper, Oiler on Tower Crane, Track Tamper, Tractor, Vibra±or, Deckhand on Work Boa±. Class "F ": Lead Tec TV Crew. Class "G ": Net Out Tec. Class " H ": Technician. WAGES (per hour) 7/01/1999 Class "A" ............... ~ 32.06~ ~Add $3.00 ~or Hazardous Nas±e Work Class" B" ............. 29.82~ ~Add $2.00 ~or Hazardous Was±e Work. Class "C" ............. 28.69~ ~Add $1.00 ~or Hazardous Was±e Work. Class "D" ............. 26.q5 Class "E" ............. 25.32 Class " F" ............. 28.10 Class "G" ............. 28.10 Class" H" ............. 26.98 ~Crenes : Boom len~±h~ over 100 ~oo± add ~ 0.50 h~ur " " 150 . . ~ 0.75 " " " " 250 " " $ 1.00 " " " " " " 350 " " ~ 1.SO " " NOTE: PREMIUM PAY 20% on s±raigh± ±ime hours for NEW YORK STATE D.O.T. and o±her GOVERNMENTAL MANDATED of~-shif± work, OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIOA¥S: PAID'. See ( 5, 6, 8, 9, 10, 16 ) on Holiday Pege.~ ~ ~-work day before & day a~±er or receive 2 6rs per in±ermi±±an± day OVERTIME: See ( 5, 6, 8~ 9, 10, 16 ) on Over±ime Pege.~ Page P Ra±e Schedule _l~ New York S±a±e ' - ..... Case Number epar±men± of____________ _L_a_b_o[, 0003553 SUFFOLK 1999A APPRENTICE ........ $16.89 SUPPLEMENTAL BENEFITS: (per hour worked) $ 21.04 No±e No±e: OVERTIME JOURNEYMAN $ 22.40 -- APPRENTICE $ 15.04 No±e No±e: OVERTIME APPRENTICE 8.40 4-158 MARINE CONSTRUCTION WAGES (per hour) Hydraulic Dredge: Class A: eeverman ............. Engineer, Derrick Op. Chzef Ma±e on Dredge. Class C: Main±. Eng ........... Ma±e ................. Boa± Cap±ain ......... Class D: Deckhand ............. Fireman, Oiler ....... Shoreman ............. Tug Boa±s: Class A: Tug Mas~er ........... Tug Chief Engineer... Class C: Tug Cap±ain .......... Tug Engineer ......... Class D: Tug Deckhand ......... Dipper and Clamshell Dredges: Class A: Opera,or ............. EnginaaP ............. Class C: Main~. Engineer ...... Ma~e ................. Boa~ Mas~er, Welder.. Boa± Cap±air ......... Class D: Oiler ................ Deckhand ............. 7/01/1999 10/01/1999 $ 25.18 $ 25.78 22.34 22.61 22.01 22.28 21.83 22.07 20.35 20.57 20.50 20.72 16.58 16.74 17.23 17.39 16.58 16.74 22.69 23.09 21.10 21.47 22.69 25.09 21.10 21.65 16.80 16.96 25.64 26.26 22.83 25.12 21.85 22.07 20.35 20.57 21.49 21.74 20.50 20.72 17.25 17.39 16.80 16.96 ......................... OVERTIME PAY: See ( B, F, R ) on OVERTIME PAGE. HOLIDAY: PAIU: See ( 5, 6. 8, 10, 15 ) on HOLIDAY PAGE. ~T~TIME: See ( 5, 6,8~ 10, 15 ) on Overtime Page The folloHing SUPPLEMENTAL BENEFITS apply ±o ALL classifica±ions of ±he above HYDRAULIC, DIPPER, CLAMSHELL DREDGES and TUG BOATS. Pdge 37 Prevailing Rate Schedule New York S~a±e Depar±men± of Labor .......................... Case Number .......................... 0003553 SUFFOLK i999A SUPPLEMENTAL BENEFITS: All Class A 8 B Ali Class C All Class O (per hour worked) $ q.81 Z o{ $ 4.51 plus 8% of $ ~.21 plus 8% of OVERTIME $ 0.80 EXTRA OVERTIME $ 0.65 EXTRA OVERTIME $ 0.50 EXTRA 4-25@ MARINE CONSTRUCTION WAGES (per hour) Drill Boa±: Class A: Engineer .......... $ 23.24 Bias±er. 23.51 Driller ........... 23.25 Boa± Cap± ......... 19.34 Class C: Welder/Machinis±.. 23.03 Class 0: Oiler/Helper ...... 20.25 Dec,hand .......... 15.83 Core Driller ...... 18.38 16.41 16.56 OVERTIME PAY: See ( B, P, R, ~ See ( 5, 6~ 8, 10, UVbH3IME: See ( 5, 6, 8, SUPPLEMENTAL BENEFITS: (per hour worked) 7/01/1999 ) on Over±ime Page. 10/01/1999 $ 23.54 23.81 25.55 19.53 23.30 20.46 15.97 18.56 Helper ............ 15 ) on Holiday Page. 10, 15 ) on Overtime Page. 4.38 plus wage plus 8% of wage 3.21 plus 8Z of wage Class A 8 B $ 4.08 plus 8% of wage Class C $ 5.59 plus 8% of wage Class D $ 3.11 plus 8% of wage Overtime Benefi±s Time and one hail A & B add ................ $ 1.06 C add .................... 0.82 D add .................... 0.58 DoubIe Time A 8 B add ................ $ 2.12 C add .................... 1.63 D add .................... 1.15 $ 1.21 0.92 0.63 2.42 1.83 1.25 4-25/3 STAIE'OFNEW~YORK DEPARTMENTOFLABOR BUREAU OF PUBLIC WORK STATE OFEICE BUILDING CAMPUS ALBANY, NY 12240 REQUEST FOR WAGE AND SUPPLEMENT INFORMATION AS REQUIRED BY ARTICLES 8 AND 9 OF THE LABOR LAW Submit this form for new schedules or for determination for additional occupations. Provide all information Requested Below SUBMIttED BY: [] CONTRACTING AGENCY [] PUBLIC WORK DISTRICT OFFICE DATE (CHECK ONE) [] ARCHITECT OR ENGINEERING FIRM A. PUBLIC WORK CONTRACT TO BE LET BY: (Enter Data Pertaining to Contracting Agency) 1 Name and complete address (number. street, city or town, z~p code) 2. [] N Y State Units I~01 DOT [] 02 OGS [] 03 DORMITORY AUTHORITy [] 04 STATE UNIVERSITY CONSTRUCTION FUND [] 05 MENTAL HYGIENE FACILITIES CORP. [] 06 OTH ER N.Y. STATE UNIT [] 07 City [] 08 Local School District [] 09 Special Local District, i.e, Fire, Sewer, Water District [] 10 Village [] 1 1 Town [] 12 County ~J 13 Other Non-N.Y. State (Describe) 3 SEND REPLY TO (NAME AND ADDRESS): TELEPHONE: ( ) B. PROJECT PARTICULARS 5. Project TITLE and/or desc['iption of work to be performed. Include contract identification number, if applicable 4. SERVICE REQUIRED Check appropriate box and provide project information. I-1 New Schedule of Wages and Supplements. IAPPROXIMATE RID DATE I [] Additional Occupation and/or Redetermination IPRC NUMBER ISSUED PREVIOUSLY FOR OFFICE USE ONLY THIS PROJECT Location of Project: Location on Site Route No/street Address Village or City Town 7. Nature of Project - Check One [] 1 New Building [] 2. Additionto Existing Structure [] 3. Heavy and Highway Construction (New and Repair} I-1 4. NewSewerorWaterline [] 5. Other New Construction (Explain) [] 6. Other Reconstruction, Maintenance, Repair or Alteration [] 7. Demolition [] 8. Building Service Contract 9. Name and Title of Requester County 8 OCCUPATION FOR PROJECT [] Construction (Building, Heavy Highway/Sewer/Water) [] Tunnelling [] Residential [] Landscape Maintenance [] Elevator maintenance [] Exterminators, Fumigators Signature [] Guards, Watchmen [] Janitors, po~ters, cleaners [] Mowng furnitureand equipment [] Trash and refuse removal [] Window cleaners [] Other (Describe) OFFICE USE ONLY Locality Designations Locality Designations I I I I I [ I I I I I I I I I I I I SEE OTHER SIDE FOR LAWS RELATING TO PUnUC WORK CONTRACTS I~N-3g t lO-~t 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 public work project. This schedule may be obtained by completing and forwarding the Request for Wage and Supplement Information on the reverse side hereof. The prevailing rate schedule MUST be included in the specifications for the contract to be awarded and is deemed part of the public work contract. Upon the signing of the contract, the Department of Jurisdiction MUST advise the Bureau of Public Work on a form supplied by the Bureau as to the name of the contractor to whom the contract was awarded, the date and the Amount of the contract. A "Department of Jurisdiction" includes a state department agency, board or commission; a county, city, town or village; a school district, board of education or board of cooperative edtlcational 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 theLabor Law to so notify the financial officer of the Depariment 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, includinginterest and any civil penalty that may be assessed by the Commissioner of L~bor. The withholding continues until a final determination of the underpaynient by the Commissioner of Labor or by the Court in the event a legal proceeding for review of the Commlssioner of Labor's determination is instituted. The Department of Jurisdiction shall comply with an order of the Commissioner of Labor or of the Court with respect to the release of the funds so withheld. STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS BUILOING 12- ROOM 130 ALBANY, NEW YORK 12240 - Notice to ALL Contracting Agencies - Your attention is directed to the following Amendment to Article 8, Section 220(3-a) of the NYS Labor Law: Assembly Bill Number 1839, entitled: "AN ACT to amend the Labor Laxv, in relation to signs posted at public works projects" APPROVED: This bill amends section 220(3-a) of the Labor Law to set forth specific requirements for signs at public work locations listing all prevailing wages specified in the contract. The bill mandates that such signs "be written in plain English and titled, in lettering no smaller than two inches in height and two inches in width," with the phrase "Prevailing Rate of Wages." The bill further require that the sign be weatherproof. The bill takes effect on March 6, 2000. Signed into law on September 7, 1999 Ensuring that workers receive the appropriate wage when working on public work projects is a core mission for the Department of Labor ("Department"). This bill will assist the Department in carrying out this mission by educating workers on public work projects as to the applicable wage and supplements for each project. On the reverse, please find the complete text of the Bill, which contains various other aspects of the law, which affect contracting agencies, contractors and sub- contractors working on public work projects. Text of New York State Bill A01839 STATE OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE A2qD ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Paragraph a of subdivision 3-a of section 220 of the labor 2 law. as a~ended by chapter 565 of the laws of 1997, is a~ended to read 3 as follows: 4 a. It shall be the duty of the department of jurisdiction as defined 5 in this section to ascertain from the plans and specifications the clas- 6 siflcation Of workmen, mechanics and laborers to be employed on such 7 project. Such department shall file with the fiscal officer, as defined 8 in this sectioN, the classification of workmen, mechanics and laborers 9 to be employed upon such pu3~lic works project, together with a statement 10 of the wcrk to be p~rformed by each such classification. Frc~ such 11 statement it shall be the duty of the fiscal officer to make a proper 12 classification of such workmen, m~chanics and laborers taking into account whether the work is heavy and highway, building, sewer and 14 water, tunnel work or residential and to make a determination of the 15 schedules of wages and supplements to be paid or provided, as the case 16 may be. therefor. The contractor and every sub-contractor on public 17 works contracts shall post in a prominent and accessible place on the 18 site {of the work) WHEStE THE WORK IS PERFORF~D a legible statement Of 19 all wage rates and supplements as specified iN the contract to be paid 20 or provided, as the case may be, for the various classes of mechanics, workingmen, or laborer8 employed on the ~ork. SUC~4 ~OSTED STATEMENT SH~J,L BE WRITTEN IN pLAXN ENGLXSM A~ TITLED. X~ LETTERING NO SMALLER '0 m 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 ne has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Seeding of Playing Field M-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 the Owners 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 the 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). Seeding of Playing Field M-2 COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS A. 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. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. B. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): Seeding of Playing Field N-1 "During (1) (2) (3) (4) (5) (6) NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Nonsegregated 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 ail 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. 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. 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 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, 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 othen~vise provided by law. Seeding of Playing Field N-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." 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-pad 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 dateofthe 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. Seeding of Playing Field N-3 1-12.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors. (1) (2) (3) 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: "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. In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. 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. Seeding of Playing Field N-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. Stock Number Title 100 7540-926-2049 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 USC 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, ro 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. Seeding of Playing Field N-5 Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Subgrantee 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 subgrants of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the bonding requ. irements provided in Attachment B to this Circular. All contracts and subgrants 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 subgrantee 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 subgrantes and to assure that suspected or reported violations are promptly investigated. Seeding of Playing Field N-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 er 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 by the 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; Seeding of Playing Field N-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 ~n employment including discrimination because of age, race, creed, color or national origin. Seeding of Playing Field N-8 CONSTRUCTION SPECIFICATIONS: EEDING OF PLAYING FIELD PECONIC LANE PARK Date: April 17, 2000 DIVISION ONE - GENERAL REQUIREMENTS All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions of these Specifications. Section 1010 - SUMMARY OF WORK 1.01 WORK COVERED BY THE CONTRACT DOCUMENTS: The work in this project includes the clearing, grubbing & rough grading of topsoil as directed by the Town and the final grading and preparation of the playing field. All excess materials, consisting of roots, vegetation, rocks & debris generated by this project can be deposited at the Southold Town Collection Center at no cost to the Contractor. The work in this project includes a playing field area that is two hundred (200') feet wide by six hundred (600') feet long. The designated area shall be staked out by the Town and the final grades shall be uniform in slope and approved by the town prior to placement of any fertilizer or seed. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred therefrom. This contract includes all site work necessary for the completion of the work as specified by these documents. 1.02 WORK BY OTHERS The following will be provided by other: 1. The Owner will provide and pay for the following: A. All related permits. END OF SECTION Seeding of Playing Field 1010-1 Section 1500 - CONSTRUCTION FACILITIES & TEMPORARY CONTROLS 1.01 1.02 UTILITIES A. TEMPORARY ELECTRICITY: The Contractor shall provide electrical power for the use of all trades during construction and shall pay for all electrical power used. B. TEMPORARY HEAT & VENTILATION: The Contractor shall provide heat and ventilation during construction to prevent freezing of materials, reasonable comfort for the workmen, and proper conditioning for installing finish materials. C. TEMPORARY WATER: The Contractor shall provide a temporary potable water supply for all trades during the construction period. D. TEMPORARY SANITARY FACILITIES: The Contractor shall provide and maintain temporary toilets in accordance with local health ordinances. BARRIERS A. Barricades shall be provided around all excavations and other hazardous areas during construction and shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. END OF SECTION Seeding of Playing Field 1500-1 Section 1600 - SUBSTITUTIONS 1.01 The following requirements are applicable to alt proposed substitutions for products specified herein, where such substitutions are allowed. 1.02 CONTRACTOR'S OPTIONS: A. For products specified with the notation of "or equal" or "or approved equal", the Contractor may submit an equivalent product for approval by the Architect. B. For products specified by naming only one product or manufacturer, unless otherwise indicated, the Contractor may submit an equivalent product for approval by the Architect if such a product is available. 1.03 PROCEDURE: A. Requests for substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. Submit physical samples and names and addresses of similar projects on which the product was used when requested by the Architect. B. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. C. In making request for substitution. Bidder/Contractor represents: 1. He has personally investigated proposed product or method and determined that it is equal or superior in all respects to that specified. 2. He will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects. 4, He waives all claims for additional costs related to substitution which subsequently becomes apparent. 1.04 APPROVAL OF SUBSTITUTIONS A. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. B. The Architect's decision on the suitability or equivalence of a proposed substitution is final and may be based on the suitability of colors, finishes and outward appearance in addition to the functional aspects of the product. C. Substitutions which require a substantial revision of the Contract Documents will not be considered. Seeding of Playing Fields 1600-1 1.05 SUBSTITUTIONS The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate approved substitutions into the work, including additional engineering, certification or tests, and no claims for additional cost related to substitution will be allowed. END OF SECTION Seeding of Playing Fields 1600-2 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: A1 Provide all site preparation work. Limits of work under this contract shall include a two hundred (200') foot by six hundred (600') foot area of the site. B.Related Work Specified Elsewhere: 1. Site Grading & Seeding 2800 1.02 MEASUREMENT & PAYMENT: A. Quantities shall not be measured and payment shall be at the contract lump sum price as indicated on the bid for construction. Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3.01 PROTECTION: A. Streets, roads, adjacent property and other works to remain shall be protected throughout the work in accordance with Uniform Statewide Building Code. 3.02 GRUBBING: A. Limits of grubbing shall coincide with the 200' x 600' area as directed by the Town. B. Remove all stumps, roots, rocks and matted root clusters within the limits of grubbing to a depth of eight (8") inches below grade. 3.03 GRADING: A. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown or between such points and existing grades. 3.05 DISPOSAL OF EXCESS WASTE MATERIALS: A. Removal of waste material, including unacceptable excavated material, trash and debris may be disposed of, by the Contractor, at the Southold Town Transfer Station at no cost to the Contractor. END OF SECTION Seeding of Playing Fields 2100-1 Section 2800- SITE GRADING AND SEEDING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide finish grading, liming, fertilizing and seeding for the two hundred (200') foot x six hundred (600') foot sports playing field including all areas disturbed by grading and construction activities and as specified herein. B. Related work specified elsewhere: 1. Site Preparation 2100 1.02 PRODUCT DELIVERY, HANDLING & STORAGE: A. All seed materials shall be delivered to the job site in unopened containers and shall be protected from moisture. Part 1 - PRODUCTS 2.01 MATERIALS: A. Topsoil shall be that which was grubbed on site, free of stones, lumps, live plants, roots and other extraneous matter. Contractor shall provide additional topsoil as necessary. It shall be fertile, agricultural soil capable of sustaining vigorous plant growth and free of subsoil. B Ground limestone shall have the following analysis: at least fifty (50%) percent shall pass a 200 mesh sieve, at least seventy (70%) percent shall pass a 100 mesh sieve, and one hundred (100%) percent shall pass a 10 mesh sieve. Total carbonates shall not be less than eighty (80%) percent of 44.8% calcium oxide equivalent, for purposes of calculation, total carbonates shall be considered as calcium carbonate. C. Commercial fertilizer shall have the following composition by weight: nitrogen, ten (10%) percent, phosphoric acid (P205), twenty (20%) percent, potash, ten (10%) percent. The nitrogen shall be thirty (30%) percent minimum (from animal sources, e.g. tankage) and seventy (70%) percent inorganic max. D Grass seed shall be fresh, recleaned seed of the latest crop, consisting of the mixture specified in conformity with the following standards of seed content. The tolerance for germination shall be those called official and tabulated by the U.S. Department of Agriculture. Seeding shall be performed at a rate of Sixty (60) pounds Per each 10,000 S.F. The seed mixture shall be as follows: 1. 60 % Merit Kentucky Bluegrass 2. 20 % Aurora Fine Fescue 3. 20 % Manhattan II Perennial Ryegrass of approved equal Seeding of Playing Fields 2800-1 Part 3 - EXECUTION 3.01 GRADING: A. The Contractor shall be responsible for grading the site to provide uniform and even playing field surfaces void of holes or other deviations deemed unacceptable by the Town. All transition areas shall be included in the final grading and all slopes shall be within standard tolerances and compacted with uniform levels or slopes between points. 3.02 PREPARATION: A. Topsoil shall be uniformly graded over the entire playing field at a minimum thickness of four (4") inches. B. Lime shall be applied at a uniform rate to bring the soil to a Ph of (6.5). C. Fertilizer shall be applied at the rate of two hundred fifty (250) pounds per each 10,000 S.F. and throughly worked into the topsoil. D. Areas shall be firmed by use of a light roller and pre-emergent weed control shall be applied to the area in accordance with the manufacturer's recommendations. E. Finished surfaces shall be raked smooth and even, ready for seeding. 3.03 INSTALLATION: A. Broadcast seed at the rate of 60 pounds per each 10,000 square foot of area in a uniform manner. Sow half of the seed in one direction and the sow the other half in a direction at ninety degrees to the first sowing. B. After sowing, rake seed lightly into soil to a depth of not more than 1/4 inch and then compact sown areas with a light weight roller. C. Immediately after seeding, barricade seeded areas to prevent trespassing. D. Sprinkle with fine spray for 30 days as necessary. END OF SECTION Seeding of Playing Fields 2800-2 STED Sped[i¢~,6o:,s For~ DATE:: 4 / 17/ 2000 GRUBBING, GRADING & SE]$NG of a SPORTS PLAYING FIELD =~: As Noted PE('O~C LA~, PECO~aC, N~ ~rk 11958 DWG. ~: EN{dNI:,I.RiNG DEPARTMIg~i' Ifl{GISTBRED ARCHITECT ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMA~I~ION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY ADOPTED AT A REGULAR HELD ON MAY 23. 2000: THAT THE FOLLOWING RESOLUTION WAS MEETING OF THE SOUTHOLD TOWN BOARD RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to sign an Agreement between the Town of Southold and J.C. Quinn, Inc., Calverton, New York for the grubbing, grading, and seeding of the sports playing field at Peconic Lane Park, in the amount of $13,750.00, in accordance with the plans and specifications prepared by James A. Richter, R.A., and subject to the approval of the Town Attorney. Southold Town Clerk May 23, 2000 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTIIOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON MAY 23. 2000: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of J. C. Quinn, Inc., in the amount of $13,750.00 for furnishing all of the labor, materials, and equipment for the Grubbing, Grading & Seeding of the Sports Playing Field at the Peconic Lane Park, Peconic, New York, in accordance with the Drawings and Spec|f~cations prepared by James A. Richter, R.A. Southold Town Clerk May 23. 200O ELIZABETH A. NEVILLE TOWN CLERK REGISTKAR 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) 765-1600 OFFICE OF THE TOWN CLERK TOWN OF SOUTttOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON MAY 23. 2000: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of J. C. Quinn, Inc., in the amount of $13,750.00 for furnishing all of the labor, materials, and equipment for the Grubbing, Grading & Seeding of the Sports Playing Field at the Peconic Lane Park, Peconic, New York, in accordance with the Drawings and Specifications prepared by James A. Richter, R.A. Elizabeth A. Neville Southold Town Clerk May 23, 2000 · EMPLOYER J.C. QUINN, INC. P.O. BOX 734 CLAVERTON, NY 11933 ~I~F 199 CHURCH STREET, NEW YORK, N. Y. 10007~1~ (212) 312-9000 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ·CERTIFICATE HOLDER TOWN OF SOUTHOLD P.O. BOX 1179 SOUTHOLD, NY 11971 VpOL.ICY NUMBIrR ) · 116330~0 UNIT PERIOD COVE~ED CEflTIFtCATE NUMBER DATE ISSUED THIS IS TO CERTIFY THAT THE EMPLOYER NAMED ABOVE IS INSURED WITH THE STATE INSURANCE FUND UNDER THE ABOVE NUMBERED POLICY COVERING THE ENTIRE OBLIGATION OF THIS EMPLOYER FOR WORKERS' COMPENSATION UNDER THE NEW YORK WORKERS'COMPENSATION LAW WlTH RESPECT TO ALL OPERATIONS IN THE STATE OF NEW YORK. IF SAID POLICY IS CANCELLED OR CHANGED IN SUCH MANNER AS TO AFFECT THIS CERTIFICATE, 5 DAYS WRITTEN NOTICE OF SUCH CANCELLATION OR CHANGE WILL BE GIVEN TO THE CERTIFICATE HOLDER ABOVE. NOTICE BY REGULAR MAIL SO ADDRESSED SHALL BE SUFFICIENT COMPLIANCE WITH THIS PROVISION. THE STATE INSURANCE FUND DOES NOT ASSUME ANY LIABILITY IN THE EVENT OF FAILURE TO GIVE SUCH NOTICE. THIS CERTIFICATE DOES NOT APPLY TO BUILDING DEMOLITION U-2~.3 (lggo) H. JACOBS DIRECTOR INSURANCE FUND UNDERWRITING PRODUCER ~~SHA MuApTroNERTOHF INFORMATION ~ONFERS NO RIGHTS UPON THE CERTIFICATE FARM FAMILY C~~E~~ I~(~'~'.,~M'~I~D, EXTEND OR 104 EDWARDS AVENUE ALTER THE COVERAGE AFFORDED BY TIlE POLICIES BELOW. CALVERTON, NY 11933 I COMPANIES AFFORDING COVERAGE COMPANY A FARM FAMILY CASUALTY INSURANCE INSURED COMPANY J. C. QUINN INC. B PO BOX 734 - -- COMPANY CALVERTON, NY 11933 C COMPANY THIS IS TO CERTIFY THAT THE POliCIES OF INSURANCE LISTED BELOW hAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED S Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I POLICY EFFECTIVE POLICY EXPIRATION / LCT~ TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (MM~DD/YY) LIMITS GENERAL LIABILITY I I GENERAL AGGREGATE ~$ 2~000,000 A X 'COMMERCIAL GENERAL LIABILITY, 3152X1024 11/26/99 11/26/00 PRODUCTS- COMP/DP AGG IS _ 1 ~X~ ] CLAIMS MADE : ~}OCCUR PERSONAL&^DVlN~JURY $ ~(~00 OWNER'S & CONTRACTOR'S PROT I E~,CH OCCURRENCE $ 1 ~000~000 , FIRE DAMAGE (Any one fire) $ 5~000 ! MHD EXP (Any one person) $ 5,000 AUTOMOBILE LIABILITY A ANY AUTO 3152C4007 12/13/99 06/13/00- I COMBINED SINGLE LIMIT $ 1,000,000 12/13/00 I ~X ALL OWNED AUTOS I SODILY INJURY $ ~X SCHEDULED AUTOS Ii (Perperson) X HIRED AUTOS BODILYINJURY $ X~ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE I GARAGE LIABILITY i AUTO ONLY - EA ACCIDENT ! $ ANY AUTO OTHERTHAN AUTO ONLY;I  EACH ACCIDENT $ AGGREGATE $ A [ EXCESS LIABILITY 3152E2400 12/13/99 12/13/00 IEAcH OCCURRENCE $ 2~000,00~} .~X~' UMBRELLA FORM AGGREGATE $ _2,0~00,000 , OTHER THAN UMBRELLA FORM $ WORKER'S COMPENSATION AND !THROUGH STATE INSURANCE I TORYLIMITS EMPLOYERS' LIABILITY FUND PLEASE OBTAIN COl EL EACH ACCIDENT $ THE PROPRIETOR/ ~ INCL : FROM THE FUND EL DISEASE- POLICY LIMIT $ OFFICERS ARE: i EXCL: EL DISEASE - rca EMPLOYEE I $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS LANDSCAPE GARDENING - PLUMBING SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE TOWN OF SOUTHOLD EXPIRATION DATE THEREOF, THE I~UING COMPANY WILL ENDEAVOR TO MAIL PO BOX 1179 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SOUTHOLD, NY 11971 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID ON GRUBBING, GRADING & SEEDING OF SPORTS PLAYING FIELD BID OPENING: 10:00 AM, THUSDAY, MAY 18, 2000 TWO (2) BIDS WERE RECEIVED: 1. J.C. Quinn Inc., Calverton, New York 2. Gatz Landscaping Inc., P.O. Box 45, Mattituck, NY 11952 $13,750.00 $15,800.00 INVITATION TO BIDDERS: GRUBBING GRAD ING & SEEDING OF A SPORTS PLAYING FIELD Peconic Lane Park Peconic Lane Peconic, New York 11958 DATE: APRIL 17, 2000 ~~'~f ~TF%[ SOUT.OLD TOW. 11-'I II Ill ENGINEERING DEPARTMENT J[ ~,'~J[ ~FISoutholdTownHalI, Southold, NewYork INVITATION TO BID PROJECT: Seeding of a (200' x 600') Sports Playing Field - Peconic Lane Park Peconic Lane, Peconic, New York 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for theseeding of a sports playing field @ Peconic Lane Park, Peconic Lane, Peconic, New York 11958, in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York 11971. The proposal form will consist of individual construction items of work specified and detailed in the contract documents. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until ./O AM, Thursday,/~/~ /0c''. ,2000. All specifications are provided herein: drawings to be attached. A fee often dollars ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Seeding of Playing Field A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unles,~a~,mpanied by a guaranty in the form of a bid bond or certified check in the amount f 5~.~f the total bid, 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 judgement, 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. Seeding of Playing Field B-1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical, a contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated Sum)". 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. 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 interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. Seeding of Playing Field B-2 I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract 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. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than thirty (30) working days. Seeding of Playing Field B~3 INDEX TO SPECIFICATIONS: BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Specifications Proposal Form Statement of Non-Collusion N.Y.S Affirmative Action Certification AIA Bid Bond Offer of Surety GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions General Release Prevailing Wage Rates Non-Discrimination Clause Compliance with the Labor Law & Other Dept. of Labor Regulations DIVISION ONE - GENERAL REQUIREMENTS Summary of Work Construction Facilities & Temporary Controls Substitutions DIVISION TWO - SITE WORK Site Preparation Site Grading & Seeding A- 1 throughA- 1 B- 1 through B- 3 C-1 throughC-1 D- 1 through D- 1 E- 1 through E- 1 F - I through F - 1 AIA Document # A310 G - 1 through G- 1 AIA Document # A201 H - 1 through H -2 K- 1 through K- 1 L- 1 through L-xx M - 1 through M- 2 N - 1 through N -8 1010-1through1010-1 1500-1through 1500-1 1600-1through 1600-2 2100-1through2100-1 2800-1through 2200-2 INDEX TO DRAWINGS: SP - I SITE PLAN (SEE ATTACHED) Seeding of Playing Field C-1 ~ROPOSALFORM NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 11971 DATE: 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: APRIL 11, 2000, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgment of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: SEEDING OF (200' x 600') SPORTS PLAYING FIELD - Peconic Lane Park PECONIC LANE, PECONIC, NEW YORK 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A Richter, R.A, Southold Town Engineering Department, Southold Town Hall, 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: This item will include all of the work required for the clearing, grubbing, grading and seeding of the sports field as outlined in the plans and specifications; and any other reasonably inferred items required to complete the items referenced herein and all in accordance with the Contract Documents. The above referenced activities will be completed for the stipulated "lump sum" of: (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposat 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 Number: ~,31, Business Address: Seeding of Playing Field D-1 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or 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 affirr0ed' by such bidder as true under the penalties of perjury; non-collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that ..JO4¢/¢ ~). ~,~¥ of ,U, C. (¢~)/,¢f,M,t/'"~-~. (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Seeding of a (200' x 600') Sports Playing Field - Peconic Lane Park Peconic Lane, Peconic, NewYork 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred~three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- 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 J.C. ~)~/~,(,/ corporation at a meeting of the Board of Directors, held on the / '7 .r'~ day of (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965 ~ure) Seeding of Playing Field E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Certifies that: 1. (Bidder) I intend to use the following listed construction trades in the work under the contract_ ; and, as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part I of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of c,over~ge of that Plan, those trades being: ; and/or, as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Par[ II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, I will obtain from each of my subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certiflcatio,~.~'~ by these Bid Conditions. (SignC_.,ur'e of Authorized Representative of Bidder) Seeding of Playing Field F-1 o~,[ ' r~,.~"~i[ T F 'Et ~ Payl[ble~'~ly as ~igir~all~..~ ~n When Properly [n~ ~ I ~ DO NO~ESTR~' ~ THE A RICAN INSTITUTE OF , Ii HITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surer% hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, if the Obligee shall accept the bid of the Ftincipa[ and the Principal shall enter into a Contract with the Oblisee in accordance with the terms ot such bid, and 8ire such IN)nd or bo~ds as may be specified in the biddin8 or Ceotract Documents with 8ood and sufficient surety for the faithful performance of such Contract am:l for the prompt payment of labor and material furnished in the prosecution thereof, or in the ~vent of the failure of the Principal 1o enter such Contract and 8lye such bond or bonds, if the Principal shall pay to the ObliK~e the differo~ce not to exceed the penally hereof between the amount specified in said bid and such larser amount for which the Obiigee*may in 8ood faith contract with another party to pedorm the Work COVered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Witness) (Witness~ CPrincipal) (Title) (Surety) (Title) (Seall (Seal) AIA DOCUMENT A~ll · BID BONO · AIA O · FEBRUARy 1970 ED · THE AMERIC,%N INSTITUTE OF ARCHITECTS, 1735 N.Y. AV~.. N.W., WASHINGTON, O.C. 2~06 OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Seeding of Playing Field (3-1 INVITATION TO BIDDERS: GRUBBING GRADING & SEEDING OF A SPORTS PLAYING FIELD Peconic Lane Park Peconic Lane Peconic, New York 11958 DATE: APRIL 17, 2000 S]["~f ~Tl"~[ SOUT.O,D TOW. /!-~ Il JJl ENGINEERING DEPARTMENT Jt J,,/Jt ~t $outhold Town Hall, Southold, N.wYork INVITATION TO BID PROJECT: Seeding of a (200' x 600') Sports Playing Field - Peconic Lane Park Peconic Lane, Peconic, New York 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for theseeding of a sports playing field @ Peconic Lane Park, Peconic Lane, Peconic, New York 11958, in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York 11971. The proposal form will consist of individual construction items of work specified and detailed in the contract documents. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until ./~ AM, Thursday,/~¢ /~. ,2000. All specifications are provided herein: drawings to be attached. A fee of ten dollars ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Seeding of Playing Field A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, 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 judgement, 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. Seeding of Playing Field B-1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical, a contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document Al01 "Standard form of Agreement between Owner and Contractor (Stipulated Sum)". 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. 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 interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. Seeding of Playing Field B-2 I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract 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. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than thirty (30) working days. Seeding of Playing Field B-3 INDEX TO SPECIFICATIONS: BIDDING REQUIREMENTS invitation to Bid Instructions to Bidders index to Specifications Proposal Form Statement of Non-Collusion NYS Affirmative Action Certification AIA Bid Bond Offer of Surety GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions General Release Prevailing Wage Rates Non-Discrimination Clause Compliance with the Labor Law & Other Dept. of Labor Regulations DIVISION ONE - GENERAL REQUIREMENTS Summary of Work Construction Facilities & Temporary Controls Substitutions DIVISION TWO - SITE WORK Site Preparation Site Grading & Seeding A- 1 through A- 1 B - 1 through B- 3 C - 1 through C - 1 D- 1 through D- 1 E-lthroughE-1 F- 1 through F- 1 AIA Document # A310 G- 1 through G - 1 AIA Document # A201 H- 1 through H - 2 K- 1 through K- 1 L - 1 through L -xx M - 1 through M - 2 N - 1 through N -8 1010- 1 through 1010 - 1 1500- 1 through 1500 - 1 1600 - 1 through 1600 - 2 2100- 1 through 2100- 1 2800 - 1 through 2200 - 2 INDEX TO DRAWINGS: SP - t SIT£ PLAN (SEE ATTACHED) Seeding of Playing Field C-1 PROPOSAL FORM NAME OF BIDDER: DATE: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 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: APRIL 11, 2000, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgment of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: SEEDING OF (200' x 600') SPORTS PLAYING FIELD - Peconic Lane Park PECONIC LANE, PECONIC, NEW YORK '11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, RA., Southold Town Engineering Department, Southold Town Hall, 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: This item will include all of the work required for the clearing, grubbing, grading and seeding of the sports field as outlined in the plans and specifications; and any other reasonably inferred items required to complete the items referenced herein and all in accordance with the Contract Documents. The above referenced activities will be completed for the stipulated "lump sum" of: (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids, We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature ¢[~ Business of Bidder: II~JJ J~ Address: Telephone H ¢I.~'~tUC/4'0 I,~bJ ~l/~' Number: HI' f' Date: ~//'J'/JJ Ilq~.z Seeding of Playing Field D-1 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore distdct 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. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce, any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. 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 cedification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that '~.l~ ~0.~1, of .~J~[JZ. [,~l~,(~O..~;t)~ I~. (Name) (Name of Corpbrat~n) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Seeding of a (200' x 600') Sports Playing Field - Peconic Lane Park PeconicLane, Peconic, NewYork 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- 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 H ~. ~ , 1~"' (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965 Seeding of Playing Field E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Certifies that: 1. (,Bidder) I intend to use the following listed construction trades in the work under the contract_ ; and, as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, I will obtain from each of my subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by th~se Bid Conditions. (Signature of AuthCed Representative of Bidder) Seeding of Playing Field F-1 0~0 ~- · -,f'l '3 t .I n ID ' THE AI RICAN INSTITUTE OF AII tHITECTS AIA Document ~?0 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, it the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the ObliBee In accordance with the terms of such bid, and 8ire such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surely for the faithful performance of such Contract a~d for the prompt payment of labor and material furnished in the prosecution thereof° or in the .event o! the lailure or the Principal to enter such Contract and Stye such bond or bonds, tf the Principal shall pay to the Obli$~e the dtffetelce not to exceed the penally hereof between the amount specified in said bid and such lasRer amount for which the Obligee'maY in 8ood faith contract with another pa~y to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain In full force and effecL Signed and sealed this day of 19 (witness) (Principal) (Ti;lc) (Title) (Seall (Seal; AIA DOCUMENT A~IB · BID BONO · AIA el , FEBRUARY 1970 ED ° THE AMERICAN INSTII~JT~ OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, O.C. 20006 OFFER OF ~URETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: INTERNATIONAL FIDELITY INSURANCE COMPANY SURETY COMPANY signe : (Bidd~ CERTIFICATE OF SURETY to be signed by'a du~y authorized official, agent or a~omey of the Sure~ Comoany. In the event that the above Proposal is accepted and the .contract fo, r th~ work is awarded to said GATZ LANDSCAPING, INC. _ the INTERNATIONAL FIDELITY INSURANCE COMPANY (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. S~gned: uth zed Official, Agent or ,~m~rn'ey t Ronald E. Fogliani Attorney-i~-fact Date: May 18th, 2000 IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LiEU OF BID BOND, OR BID MAY BE REJECTED. Seeding Of Playing Field Acknowledgment of Corporation S~ o£ ) C. oum'y of ) Acknowledgment of Surety SlaI¢ of New York County of Rockland On Ibis 18th day of May 2000 boforo mo pomonaUy oamo Ronald E. Fogliani to mo kno~. who. I~ins'by m~ duly awom, did &:po~ and mylhathois m Attorney-in-fact of INTERNATIONAL FIDELITY INSURANCE COMPANY ~: omlxwalloa imOmmmt mid .-.m~.a ~be told m:~l -, AJtomoy-in-F~t by m~ho~ity of lbo 13om*d of Dke~_ _ __,,.'~. of mid INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER, 20TM FLOOR, NEWARK, NEW JERSEY 07102-$207 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT DECEMBER 31, 1999 ASSETS Bonds (Amortized Value) ................................... $27,182,319 Preferred Stocks ......................................... 2,138.764 Common Stocks (Market Value) ............................... 8,?00,924 Mortgage Loam on Real F.~ate ............................... 1.533.228 Real Estate ............................................ 132,000 Cash & Bank Deposits ..................................... 7,034,454 Short Term Investments .................................... 1,014,885 Unpaid Premiums & Assumed Balances .......................... 1,551,342 Reinsurance Recoverable on Loss payments ....................... 1,596,544 Federal Income Tax Recoverable & Interest ...................... 1,636,229 Electronic Data Processing Equipmem ........................... 383,516 Interest & DJvidetlds Due and Aeerncd .......................... 721,709 Funds Held in Escrow Accounts ............................... 31,149,530 Collateral Funds Held Under Contract ........................... (31,149,530) Contract Balacem Due and Unpaid ............................. 4,858,351 Other Assets ............................................ 106.448 TOTAL ASSE'I~ ................................ 58.5g0.713 LIABII Yl'IES, SURPLUS & OTHER FUNDS Losses (Reported Losses Net as to Reinsurance Ceded and Incurred But Not Reported Losses) ............................ Loss Adjustment Expenses ................................... Contingent Commissions & Other Similar Charges .................. Other Expenses (Excluding Taxes, Licenses and Fees) ................ Taxes, Licenses & Fees (Excluding Federal Income Tax) .............. Unearned Premiums ...................................... Funds Held by Company Under Reinsurance Treaties ................ Amounts Withheld by Company for Account of Others ............... I,ishility fnr Unauthorized Reinsuram;e .......................... Other Liabilities T'(~,~I~ ~L~;i ......................... Common Capital Stock ..................................... Gross Paid-in & Contributed Surplus ............................ Unassigned }:unds (Surplus) .................................. Surplus as Regards Policyholders .................. TOTAL LIABILITIES, SURPLUS & OTHER FUNDS . . . $ 8,473,836 3,284,837 (1,217,166) 153,424 197,019 8,082,326 279,376 352,615 4,628 811 19.611.709 $1,500,000 374,600 37.104,404 J8.979.004 :S8.590.713 I, Francis L. Mitterhoff, President of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify that the forngoing is a fair state;neat of Asscts, Liabilities, Surplus and Other Funds of this Company, at the close of business, D~'.gmher 31, 1999. as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New lersey. IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of the Company, this 23'~ day of Februery, 2000. INTERNATIONAL FIDELITY INSURANCE COMPANY Tel (973) 624-7200 POWER OF ATTORNEY .3 s48 INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEW'ARK CENTER. 20TH FLOOR NExArARK, NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFtttAVITS KNOW ALL ~ BY ~ PRgS~NI~: That IN'a'gatNATIONAL lql)~'l~Y IN~J'RANCE CO.ANY, & coq~iou orgaaized ami laws o~ ~e Stal~ of N~w lelsey, and having its p~ office ia ~e Cily of Newaflt, New Jersey, does hetty eona~al~ and appoint IN'I~RNATIONAL ~}RLIT~ IN~.~ANCE COMpaNY O~ ~ 31st day of .~ugust 1998, befot~ me eanm the individual who m~uted Ihe ~ i~t, m me pmsmmlly _k~m~. _a~ ~nd, hein~ by m~ duly A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Conunls~on ~ Nov. 21, 2000 I, the under'signed ORieer of INTgR/~TIOI~LM~ t~}gLrrY IN~URANCg COll,~&l~li' do hereby eeimlfy daat I M~ ~ ~ f~g~ ~ ~ ~ IN TESTIMONY ~F, I have hereunto s~t my head ~ 18th day of May 2000 OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: ' ' '1 ) SURETY COMPANY Signed: CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Seeding of Playing Field G-1 $10.00 Non-refundable Fee for Bid Specifications BID ON SEEDING · TASKER PARK BID OPENING DATE: 10:00 A.M., THURSDAY, MAY 18, 2000 Company Name & Contact Person Address Telephone & Fax Numbers 5/~. 5/16 5/1~ Insel Construction Corp Henry Zipperlein 8 Old Dock Rd, Yaphank, N.Y. 11980 J. C. Quinn, Inc., POB 734, Calverton, NY 11933 Att: John T-924-7230 F - 924-6723 631-369-1032 Se o 10. May O1 00 10:04~ TIM.ES/REVIEW MEWSPSPERS 30z04 ~00 SUN 10:2§ FAX SI 185 81~S SOUTHOLD CLERK 1M31~983MS? Suffolk Times Town H~L 53096 Main Road 'PO, Box 1179 So~thold, New york 11971 Fa~ (631) 765-6145 Telephone (631) 765-1800 ~ooi OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMI'!~AL TO: FROM: DATE: RE: SUFFOLK TIMES NEWSPAPER BETTY NEVILLE q!30/00 LEGAL NOTICE TO BIDDERS If total transmittal is not received, please call 516 765-1800, fax 516 765-61#5 ONE (1) LEGAL NOTICE TO BIDDERS: (1) SEEDING OF SPORTS PLAYING FIELD AT PECONIC LANE PARK PLEASE SIGN AND RETURN THE FOLLOWING CONFIRMING RECEIPT OF THE ABOVE. THANK YOU- Re~ed By Date THANK YOU. 30/04 '00 SUN 10:46 FAX 516 765 6145 SOUTHOLD CLERK *** MULTI TX/RX REPORT TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR 1336 [* 1812935456 [* 15]2449576 [* 16]1800S243329 [* 17116882329941 [* 32]18009620544 ~ 001 Dodge Reports Brown's Letters Burrelle's Info Data Construct Construct. Info, LEGAl NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVE'N, in accordance with the provisions of Section 103 of the General :Municipal Law, that sealed bids are sought and requested for furnishing all labor, materials and equipment as required for the Seeding of a 200 ft. x $00 ft. Sports Playing Field at Peconlc Lane Park, Peconic Lane, Peconic, New York, all in accordance with specifications prepared blt James A. Richter, Speeificatlons may be Obtained at the Office of the Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York, upon payment of a $10.00 non-refundable fee. The sealed bids, together with Non-Collusive Bid Certificate will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, Southold. N.Y., until 10:00 A.M., Thursday, May 18, 2000, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any and all informalities in any bld and retain bids for 0,5 days from the date of receipt should it be deemed in the best interest of the Town of SouthoJd to do so. The contractor may not withdraw his bid during this period. Performance and payment bonds in the amount of 100% of the contract price will be required of the successful bidder. All bids must be signed and sealed in envelopes plainly marked "Bid on Seeding of Sports Playing Field - Peconlc Lane Park", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state or local, from which the Town of $outhold is exempt. This invitation to bid is not an offer and shall in no way bind the Town of 5outh01d to award a contract for performance of the project. Should the Town of Southo[d decide to award a contract, it shall be LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY O1VEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids arc sought and requested for furnishing all labor, materials and equipment as required for the Seeding of a 200 ft. x 600 ft. Sports Playing Field at Peconic Lane Park, Peconic Lane, Peconic, New York, all in accordance with specifi- cations prepared by James A. Richter, R.A. Specifications may be obtained at the Office of the Town Clerk, Southold Town Hall 53095 Main Road, Southold, New York, upon payment of a $10.00 non-refundable fee. The sealed bids, together with Non-Collusive Bid Certificate will be received by the Town Clerk, at the Southold Town Hall, 530.95 Main Road, Southold, N.Y., until.10:00 A.M., Thursday, May 18, 2000, at which time they will be opened and read aloud in public. The Town Board of the Town of Southuld reserves the right to reject any and all bids and to waive any and all infor- malities in any bid and retain bids for 45 days from the date of receipt should it be deemed in the best inter- est of the Town of Southold to do so. The contractor may not withdraw his bid during this period. Performance and payment bonds in the amount of 100% of the contract price will be required of the successful bidden All bids must be signed and sealed in envelopes plainly marked "Bid on Seeding of Sports Playing Field -- Peconic Lane Park", and submitted to the Office of the Town ClerL The bid price shall not include any tax, federal, state or local, from which the Town of Southold is exempt. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a con- tract for performance of the project. Should the Town of Southold decide to award a contract, it shall be award- ed to the lowest responsible bidder. Dated: April 11, 2000. BY ORDER OF THE $OUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK 1295-1TMy4 STATE OF NEWYORI0 )SS: CqUNTY Of SURFOL. K) \/~,¢LF~ ¢-' ~'~([~ of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of NewYork, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ~. weeks successively, commencing on the ~4/~ day of ¥~ 20 (.'~ (.~Principal Clerk 20 oc~ Sworn to before me this day of LEGAL NOTICE NOTICE 1FO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all labor, materials and equipment as required for the Seeding of a 200 ft. x 600 ft. Sports Playing Field at Peconic Lane Park, Peconic Lane, Peconic, New York, all in accordance with specifications prepared by James A. Richter, R.A. Specifications may be obtained at the Office of the Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York, upon payment of a $10.00 non-refundable fee. The sealed bids, together with Non-Collusive Bid Certificate will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Read, Southold, N.Y., until 10:00 A.M., Thursday, May 18, 2000, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any and all informalities in any bid and retain bids for 45 days from the date of receipt: should it be deemed in the best interest of the Town of Southold to do so. The contractor may not withdraw his bid during this period. Performance and payment bonds in the amount of 100% of the contract price will be required of the successful bidder. All bids must be on Seeding of Sports to the Office of the tax, federal, state or This invitation to Town of Southold to Should the Town of signed and sealed in envelopes plainly marked "Bid Playing Field - Peconic Lane Park", and submitted Town Clerk. The bid price shall not include any local, from which the Town of Southold is exempt. bid is not an offer and shall in no way bind the award a contract for performance of the project. Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. Dated: April 11,, 2000. BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MAY q, 2000 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Engineering Inspector Richter Dodge Reports Brown's Letter Burr~:tle's Information Services Construction Information Data Construction Town Clerk's Bulletin Board 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 'lst day of May 201J0 she affixed a notice of which the annexed printed notice is a true 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 - Fu~rnishing all labor, materials, and equipment for the Seeding of a 200ft. x 600 ft. Sports Playing Field at Peconic Lane Park, Peconic, N.Y. Thursday, May 18, 2000. Bid Opening Date: 10:00 A.M., Southold Town Clerk Sworn to before me this 1st day of May , 2000~. ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax 1631/ 765-6145 Telephone 1631) 765-1800 OFFICE OF THE TOV~rN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON APRIL 11, 2000: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Southold Town Clerk Elizabeth Neville to advertise for bids for furnishing all of the labor, materials and equipment for the plowing, finish grading and seeding of the football and baseball fields on Peconlc Lane Park, Peconic, New York, aH in accordance with the plans and specifications prepared by James A. Richter, R.A. Southold Town Clerk APRIL 11, 2000