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Stairs @ Rocky Point Rd E/M
I,]LIZABETI:I A. NEVILLE · r OV~N C LEI~II I~EGISTRAR OF VIT/LL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREE1)OM OF INFORMATION OFFICER Town Hall, 5309~i I~[ain Road P.O. Bo:: Il'R) Southold, New 'fork 11971 Fax (516) q'(15..,~ t45 Tel.epho~e (516) '165-~.800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID FOR REPLACEMENT OF STAIRS & LANDING AT END OF ROCKY F'I]*II,qT ROAD BID OPENING AT 10:00 A.M. THURSDAY, AUGUST 19, 1999 THREE (3) BIDS WERE RECEIVED AS FOLLOWS: SAmount of Bid Latham Sand & Gravel, Inc., PO Box 776 Orient, NY 11957 $27,350.00 East Area General Contractors, PO Box 581 Speonk, NY 11972 Inc. $37.q90.00 KJB Industries. Inc. Center Drive Riverhead. NY 11901 $28,6q3.00 INVITATION TO BIDDERS: STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD EAST MARION, NY July 20, 1999 INDEX TO SPECIFICATIONS INVITATION TO BID & BIDDING REQUIREMENTS PROJECT DESCREPTION INSTRUCTION TO BIDDERS PROPOSAL FORM STATEMENT OF NON-COLLUSION BID BOND OFFER OF SURETY GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION GENERAL RELEASE PREVAILING WAGE RATES NON-DISCRIMINATION CLAUSE & COMPLIANCE WITH LABOR LAW INVITATION TO BID Project: Construction of stairs and landings at the end of Rocky Point Road, East Marion, NY. The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as required for the construction of the stairs and landings at the end of Rocky Point Road, East Marion, NY, in accordance with the plans and specifications prepared by James A. Richter, R.A. Bids will be received at the Office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold NY 11971, until 10:00 a.m., Thursday, August 19, 1999. All specifications are provided herein: drawings to be attached. A fee of ten ($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 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: July 20, 1999 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk PROJECT DESCRIPTION CONSTRUCTION OF STAIRS &' LANDINGS AT THE END OF ROCKY POINT ROAD, EAST 5LkRION, NY This project includes the construction of a set of slairs and landings at the end of Rocky Point Road, East Marion, NY, as outlined in the Stair & Landing Details, enclosed. Requests for additional information and all inquires should be directed to James A. Richter, R. A., Southold Town Hail, P.O. Box 1179, Southold, NY 11971 {516) 765-1802 Instruction To Bidders A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidder shall .write in ink, both in words & numerals, the price being proposed: to furnish all materials, equipment, tools, labor and services necessary for the proper completion of the work in accordance with the plans and specifications and subject, at all times, to the approval of the Town of Southold. Each proposal must be signed in writing, with the full name and address of the bidder. Proposal shall be addressed as indicated on Invitation for Bids and shall be delivered, enclosed in an opaque sealed envelope marked "Proposal" bearing the title of work, and the bidders name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. Bi 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 price 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 specifications, visit the site and 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 in the specifications or other documents or should he be in doubt as to their meaning, he should at once notify the Southold Community Development Office who may issue a written instruction to all bidders. H. PLANT & EQUIPMENT The bidder shall state in his bid that he has available or under his control, plant, equipment and materials of the character and in the amount required to complete the proposed work in the specified time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond 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 of 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 there of shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME FOR EXECUTION OF CONTRACT WORK The contractor shall commence work within (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 sixty (60) working days. PROPOSAL FORM DATE: Name of Bidder: To: Southoid Town Board Town Hall - 52095 Main Road Southold, NY 11971 Members of the Board: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principal 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 employment 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, including bidding requirements, contract, general and special conditions, specifications, contract drawings and addenda, if any; 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 is accepted he will contract to furnish all materials not provided by the Town and perform ali the work required to construct, perform and complete the work at: The end of Rocky Point Road East Marion, NY 11939 and all other work in connection therewith, in accordance with contact documents and addenda, if any, prepared by the Southold Community Development Office and shall comply with all the stipulations contained therein and will furnish the required Performance Bond and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe as Principal, hereinafti;r 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 (S ), for the payment of which sum well and truly to be made, the said ?rincipai and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, joindy and severally, firmiy by these presents. WHEREAS, the Principal has submitted a bid lot NOW, THEREFORE, if the Oblige~ shall acceot the bid of the Principal and the Pnnopai shall enter into i Contract with the Obligee in accordance with the terms of such bid, and gi~e such bond or bonds as may be specdfied in the bidding or Contract Documents with good and sufficient sure~ for the faithfut pen:otmance of such Contract and for the prompt payment of labor and material furnished in the prosecution ihereof, or in the ~vent of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal ~hal! pay to the Obiig~e the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void. otherwise to remain in full force and effect. Signed and sealed this day of 19 (Tiue? (Witness) 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) will execute the Surety Bonds as herein-before provided. (Surety Company) Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMFI-FED IN LIEU OF BtD BOND, OR BID MAY BE REJECTED. T AIM ~)oczzment A20 [ General Conditions of the Contract for Construction 1987 EDITION TABLE OF ARTICLES 1. GE.NEtC,~L PROVISIONS 2. O~ .~ER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTtC~,CT 5, SUBCONTtLa-CTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CH_A.N'GES IN THE WORK 8. TIME 9. PAYMENTS ,~N'D COMPLETION I0. PROTECTION OF PERSONS A~N"D PROPERTY 1 t. INSU1CkNCE AND BONDS I2. L~'NCOVERING ,(.NT) CORRECTION OF WORK 13. MISCELL.~NEOUS PROVISIONS ~-4.. TEt~ML'N'ATION OR SUSPE,N'SION OF THE CONTRACT A201-1987 I INDEX Acceptance of Nonconforming Wort( ......... 9.6.6,9.9.3.12.3 Acceptance of '~0'ort( ....... 9.6.6.9.8.2.9.9.3.9.10.1.9.10.3 Access to Wor~ .................. 3.16, 6.2.1. 12.1 Aces and Omkssions . 3.2.1,3.2.2.3.3.2.3.12.8.3.18. 4.2.3.4.3.2. Aaditional ImpectAon$ and TesrZmg ....... 4.2.6. 9.8.2.12.2.1.13.5 Additional Time. Claims t'or ........... 4.3.6. 4.3.8.4.3.9.8.3.2 At3MiNiSTP. ATION OF THE CONTFIACT ..... 3.3.3.4,94.9.5 Aesthetic Effec: ..................... 4.2.[3.4.5.1 A00iicalJorts Mr Payment : 4.2.5.7.3.7.92.8.'t, 9.-~. 9.5.1.9.6.3. Approv~Ls 2.4. 3.3.3.3.5.3.10.2.3.I2.4 [Brough 3.12.8. 3.18.3. Architect' $ Administration of tile Contrac! ..... 4.2, 4.36. Architects Inspections .... 4.2.2.4.2.9.4.3.6. 9.4.2.9.8.2. .~-chit ect's [nter~reratton$ ........... 4.2.11.4.2.12. ~.3.7 3.33. 35 [.373. 3.[1. 3.[2.8. 3.12.11.3.16.3.18. 4.2.3. 4.24. 98.2. 992. 9101. 13.5 Ca0itallamtion ...................................... Cerbflcate~ for Payment ...... 4.2.5.4.2.9.9.3.3.9.4, 9.5.96.1. Chancje.J ......................................... CHANGF-.S IN THE WORK .... 3.11.4.2.8.7, 8.3.1.9.3.1.1. 10.1.3 CL~m. DeflniUon of .............................. Claims and glaoute~ ................ 4.3.4.4. 4.5.6.2.5.8.3.2. Claimsand~melyAsserflonofClaims ............... 4.5.8 Claims for Addifl~3na( Cost ....... 4.3.6.4.3.7, ~.3.9. 6.1.1.10.3 C:aima for Addltiorml Time ............ 4.36,4.3.8,4.3.9.8.3.2 CMims for Concea|ed or Unknown Conditions ......... 4.3.6 CLaims for Dam=gcc... 3.18. 4.3.9.6.1.1.6.2.5.8.j.2.9.5.1.2. 10.1.4 C~ 8ubiect to Arbitl~tJoci ................ 4.3.2.4.~.4. 4.5.1 gleanincJ Lip ............................... a.18, 6.3 Commencement o~ the Wock. Conditions Re,ting :o ..... 2.1.2. COMPLETION, PAYMENTS AND ....... 9 9.8. 991, 12.2.2. 13.7 Conce=lcd or Unknown Conditionz ........ 4.3.6 CONSTRUCTION BY QWNEFI OR BY SEPARAT~ Co n$truc~o n Change OIm~'~ives .... I. 1.1.4.2.8. 7.1. ?.3, 9.3.1. I Con~nuing Contra~ Performance 4.3,4 CONTRACT, TEFIMINATION OR SUSPElqSION OF'DiE .......... w.3.7, 5.4.1.i. 14 Contract Adrnin~tmtton ............ 3.3.3, ~. 94.9.5 Contract Document~, The 1.1, 12.7 Contract Sum 3.8.4.36. ~.3 7. 4.4 4. 5.2.3. 2 A201-1987 CONTRACTOR ............................. 3 Contractor, Definition o~ ................ 3. I, 6. i.2 Contrac=oCs Bid [.i.l 4.2.6. 8.1.2, 10.2, I0.3. ti.[.i, [4.2.1.[ CO ntra~o r' a Lla~ilth/{o~u ralnCa ..................... 11.1 Co ntrac~o r's Representac!on$. , [.2.2.3,5. [, 3. [ 2.7, 6.2.2, 8.2. I, 9.3.3 -3.6. 92. 9.3,!. 9.8.2. 99.[. 9.10.2, 991. 12.12. I3.2, 10.71.3 Cost. Definer:on of ................... -.3.6. 14.3.5 Emergencies .................. 4.3.7. 10.3 Faalure or' Paymen£ by Co ntrac[or 9.51.3, lw.2.1.2 GENIAL PROVISIONS ................ 1 Governing Law ................. 13.1 lniury or Damage to Person or Prm~ert~ .... 4.3.g Insurance, Boiler and Mactainer? 11.3.2 Insurance, Loss of Use [ t.3 3 insurance, p~ogen'y ................ z0.2.5.11.3 iNSURANCE AND ttOND$ ......... 11 3.8.2, 3.10, 3.12.5, 3A5.I, 4.2.1. 4.2.7, 4.2.11. 4.3.2, 4.3.3. 4.3.4,4,3.6, 4.3.9. 4.5.4.2, 5.2. t. 5.2.3.6.2.4, 7.3.4, 7.4. 8.2. 9.5. 9.6.2, 9.8, 9.9, 9.10, t 1.1.3. 11.5,1, 11.3.2. 3.15.1, 4.2.1, 4.2.1£. 4.3, 4.4. 4.3, 5.3. 5.4. 7.3.5, 7.3.9, 8.2. 92. 9.3.1, 9,3.3, 9.4.1, 9.6, l. 9.7, 9.82. 9.10.2. [1.1.3. tl.3.6. Material Suppliers ........... 1.3. [. 3.12. I. 4.2.4.4.2.6. 5.2.1. 73.6. 9.32. MISCELLANEOUS PROVISIONS 13 4.3.5.9.52.9.8.2. 12. i3- 1.3 4.3.6. 94.2.9.5.1.9.10,1. 13.5 Awarcl Separate Contracts ........... 6.1 Owner's Right to Stop the Work .......... 2.3,4.3.7 Ownemhip and Use of Amhitect~a Drawings, Specifications Partial Occuiaancy or Use ............... 96.~, 9.9, [ [.3.11 Patchinej. Cutting and .................... 8.14, 6.2.6 Patents, Royaitle~ and 3.17 Payment, Applications for .......... 4.2.5, 92.9.3, 9% 9.5. I. 98.3.9.10.l. 9 i0.3.9.10.~. 14.2.4 PaymenL Certificates for ..... 4.2.5, 4.2.9.9.3.3, 8.4, 9.5. payment, Failure ot ................. 4.3.7, 9.5.1.3. tt.l.3. Lt.3.5. 12.31 Payment Bond, Performanc~ Bond and ...... 7.3.6.4. 9. I0.3. 11.3.9. 1%4 Payments. progress ............... ~.3.~. 93, 9.6. 9.8.3.9,[0.3. 13,6, 1-L2.3 pA YMENTS AND COMPLETION 9, I~ Product Data and Samples, Shop Drawings . 3.1 t. 3.12. 4.2.- Progress Payments `4.3 ~. 93. 4 A201-1987 Safe~ of Persons and Pmpert~ 10.2 SafeW Precautions and P~ograms ~.2.3, 4.2.?, 10.1 Shop Or~wiflgs, Product Data and Samples 3.11.3.12, 4.2.7 S peciflcaflons, Definition o f thc 1,1.6 St3[u~e~ of Limitations 4.5.~.2. 12.2.6. I3.7 SUBCONTRACTORS 5 Subcontractors, Work by I 2.~, 332.3 !2.1. Successors and Assigns 13.2 Suspension by the Owner for Convenience ............. 14,3 Suspension or T¢trnlrmtion of the Con[r=¢[ ...... 4.3.7, 5.~.1.I. 14 Taxes .................................. 3.~,- 3.6.4 Terminallon by the Owner for C~use .......... 5.4.1.1.14,2 Termirmtion o f the Contractor ........................ 14.2.2 TERMINATION Off SUSPENSION OF THE CONTRACT ...... 14 Tssts and Inspections .... 3,3.3.4.2.6, 4.2.9, 9.4.2. 12.2.1, 13.5 TIME .......................................... 8 9.3.3, 9.4A. 9.6.1.97.9.8.2.9.1o.2. 11.1.3. ll.3.6. 11.3.I0. Time Limits on ¢laim~ ..... 4.3.2.4.3.3, 4.36. ~.3.9, -L4. *.5 TitLe to ~ork ........................ 9.32.9.33 UNCOVERING AND CORRECTION OF WORK ....... 12 Uncovering of Work 12. I Values, Schedule of 9.2. 9 3 I A201-1987 5 GENER.kL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOC~JMENTS The Contract Docaments cc~is~ of the .-~gr~ment Owner :md Contractor ~crein.-~ter rile Agse.',_ment), Conaiuons of die Contract (C, ener=l, Supplemenm.--y mdoder CondiUons), Drawings, Spec~ica~ions, adeenda issued prior de Contract, oder docum~'tts listed in me Agreement ma Modifications issued a/~er ~xecu[ion of the Contract A Modili- c~tion ks (1) a written amenament to die Contmc-[ signed both parties, (2~ a Change Order. (3) :l Construction C,healge Direc~ve or {4) ~ written order for a minor change in the Work issued by the .M'c,~itecL Ur~ess speciflc:flly enumerated Ln the Agreement, die Contract Documents cio not inciuae oder documents such as bicicLing requirements (adverr-tse.~ent Or invitation to bid, [nstmcnoe..s to Bidcie:'s. sample form& the Contractor's bid or porrioas of acidenda renting to hiciding [raC~ may Be amended[ or mGciifie.-d oody by Contract Documents shaft not ~e consrzued to crccte a contrac- tuai re*2donslai? of any kinci I 1 ) bezweer~ the .~chitec~ :md Con- 1.1.3 THE requn'ed ~y die Contr=ct Doc'..wnenr. s. whether completed or pmxiaily completed, mci ;.ncluci~ ail odier D. bor, equipment and services pro,,qd, ed or to be provicied b!,' the Contractor to fulfill the Contractor's oblig:~tions. The Work ~.1.4 THE ~ROJECT The Proiect ks the total consmiction of ,-,'i~ich the Work per- 1.1.5 THE 0RAWING$ The Drawings are d~e graphic ~d pictorml pomons o~ the Con- gene:'ailv thducimg pm, e:.m,'anons, sec'-,orts, de'"~l~, scne'J- utes and cii:tgrTa~,5. 1.1.7 THE PROJECT MANUAL The Project M~alu~l ~ the volume ustmlly assembled ~or the Work which may include the b~dding requkmments, sample forms. Conditiot~5 of the Contract and 5p~cific=tion.s. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Conrr=~ Documents shaft be signed by the Owner md Contractor a,s provided in the Agre=nent. [f ruder the Dooarnents, r21e Architec~ sJ'~fl idendf7 su6b unsigned Docu/ 1.2.2 Execution of de Contmc~ by the Contr=ctor is a repre- senuuon ~as me Con~or ~ v~ited ~e si[e, b~ome f~- mr ~'i~ Io~ con~om un~ ~i~ ~e Wo~ ~ to be per- foxed md come,ted pe~o~ obs~atio~ ~im men~ o~ ~e Con~ Do~m. 1.2.2 ~e intent of ~e Co~ ~qm ~ to include ~1 ite~ nec~ for ~e prop~ ~fion m~ completion of ~e Worn ~y me Con~cror. ~e Contra ~m ~ comple- ment. m~ ~'~;~ m ~q~e~ ~y one s~ ~ ~ BmUg ~ if required by ~: perforce by ~e Con~c:or s~l be menm m~ r~na01y ~fem~le ~m ~em = being n~ms~' 1.2.4 Oral;non of ~e Sp~m~om into ~v~iom. s~ons ~ ~c!~, m~ ~g~ent of Dmwm~ sh~ nor con~rol ~e Conic:or in ~vi~ng me Wo~ ~ong Su~con~c:o~ or ~ es~ab~mg ~e =xtent of Wo~ to be peffo~ed by my 1.2.S Units ode~e stated m ~e Commcr Oo~=. 1.3 OWN~SHIP AND USE OF ARCH~S D~WlN~, SPECI~O~ AND 0~ DOCUM~ 1.2.1 ~c Dmw~, 5p~o~ ~C o~cr do~ pr~ea by ~e .~it~ ~e ~[~m of ~e .~chi[ecCs sec'ica ~rou~ wth~ ~e Wo~ ~o be ex--md by ~e Con- do~men~ pried by ~e .~mce~. md ~l~s o~e~'~¢ ~di~tea ~e .~cm[ec~ sa~l be a~m~ the au~or o( ~¢m m~ 6 A201-1987 and material or eqmpment supptie."s are granted, a limited license to use and reproduce appLic=ble [=onions of the Draw- ings, Specifications and other documents prepared by the Work under the Conrrag Documents. All copies made under this license shall bear the s~rucory copyright notice, if any, shown on the Dr=wings. Speci[lc=tions and other docurne-.qts prepared by the Arc,~irec[. Submittal or distribution to meet o~c~ regu~rory requirements or for other purposes in con- necuon with this Proiec[ is not to be construed ~ public=don in derog=tion of the Azckitecx's copyriglqt or other reserved rights. 1.4 CAPITAI. JZAT~ON 1.4.1 T~z'n-~ c=pimiized [n r.h¢:~ C.~nemJ Conditions include tho~c which are 0) sp~c:~y de~ned. (2) the r~des or' bered :~-~cJes and idend~ed refesences to P:]m~pt~, Subp~t'~- g~ph~ and C~.us~ in the document or (3) the ddes of other documents pub~hed b,v the .~nenc=n Insd.[ute of .~-cJ~it¢cts. 1.5 INTE. RPRETAT[ON 1.5.1 In the interest of b~'evi~:- the ~ont~c[ Documents quend¥ omit modi~ng words such :~ "~];" and "any" :md ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is ~he pe:~on oc entity identified ~ such in enforce mech~ic's lien ~m. Such infomdon s~ include a co~ statem~t of ~e ~ord l~ tide to the prope~ on which the Proje~ ~ (o~t~. ~y refe~ to ~ ~e site. ~d A~eement md, within five ~}~ ~er my chmge. ~fo~adi)n of such ~ge ~ title, ~o~ or ~recorded. the Proiect, and a [eg~ descr, pdon of r. he site. fao. lities. be ftm",ished by the Owner w~th reasonable promptness to avoid de~y in ordedy progress of the Work. 2.2.5 Unless oth~-v, q5e provided in the Cons'act Documents, the Contmc[or '~.'tll be C'urmshed. flee of charge, such cop~es o( Drawings and Proiec~ *lanu:~ ~ are rc'~onai~ly nec~sary for exeoadon of the Work. 2.2.$ The t'oregomg rare in addition to other gudes and respon- sibilities of the Owner enumerated hewm and espe.,c~lly those in respec~ to .%rude 6 (Construe'don by O'wner or by Separate Contractors). A.mde 9 (Payments and Completion) and .-tmc.2e t I (Insurance and Bonds}. 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 [f the Contractor ~ to correc~ Work which t~ not Lq aero--ce wire the requU'ernents of [he Conr. mc[ Documents ~ reqnlred by P'amgmph I2.2 or persistently fails to carry, out Work in accordance with the Contract Documents. the Owner, by written o~er signed per~on=lly or by an agent specific':dly so empowered by the Owner m writing, may order the Contrac- tor ro stop the Work. or any pomon thereof, tm~ the muse for such. order h~ been *e!imm;tedi however, the dght of the Owner to stop the Work shall not give ~e to a duty on the pan of the Owner to excrete thz.s nght for the be. ne,qt of the Con- tra~or or any other pe:'5on or ennty, except to the extent required by Subp:x~gnaph 6.1,3. 2.4 OWNER'S RIGHT TO CA~RY OUT THE WORK 2.4.1 ff the Cont~cror ~e~=uits or neglects to c=rry out the Work in accoro.arlc¢ ~,-l[h r~l~ Contr=ct Docornents 3_qd f~ within ~ scven-d~? pc.qod ~er receipt o( wdr[en not[c,~ from the Owner [o commence and continue correction of such def=uit or neg!e~ with diligenc= and promptn~,s, the Owner m:ty :~ter such seve.q-d:ly pe~od give Ele Qontmctor a ~econd sevea*d3¥ period. [f the Contr'~cror within ~uc~ second seve,q- d~y p=dod ~er receipt of such second [louc~ f'~J5 lo com- muy. ~.'ithout preiudice to other remedies the Owner may Change Order ~h=ll be ~.~ued deducting fr;~m puyments then or cicnde~, including compen~tion for the MchitecCs addkiorml secv~c~ ~qd expen~ re=de necessmw by such der:.~nlt, neglect or fndure. Such an[ion by the Owner and amounts ch:~ged to difference ~o the Owner. ARTICLE 3 3.1 CONTP~CTOR DEIqNIT]ON A2.01-1987 7 3.2 REVIEW OF CONTRAC'~ DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3,,2.1 The Comrac~or Sh:~tl cox~lly study ~qd compare the and knowingly faded [o repor~ it [o the .~chitect. [f ~e Con- tot shall assume appropriate respousibdity for such. perfor- 3.'::'.3 The Con£racror shall perform the Wark in accordance ~uant to Pm'-agraph 3.12. mate,ma and equipment ~.lmished under the Commct will be warm. my excludes remedy for cL'~mage or defec: mused by and q~icy oi ~ced~ md equipment. thc Conwactor sh~l s~ure ~d pay for the buil~g pe~i[ ~d n~saO, ch~g~ sh~l be accomplished by approprm~e Modification. 3.7.4 If the Contractor ~do~s Wod~ knowing it [o be con- a A201-1987 ~he Contrzc: Sum shzJl be adiu~¢a accoraingly by Ch.'rage Order. The ~oun[ of ~c Cla~ge Order sh~ reflect (l) ~e differ~ce betw~n ac~ cosa ~d me to ~e ~pe~dent sh~ be ~ bm~ ~ if ~v~n ~o ~¢ Con- 3.10.1 ~n~ Comic:or. pmmpdy ~cr being zw~a~ the Con- 3.12.5 The Contractor shaft review, approve and submit to He 3.12.7 By approving :md suDmimng 5ht~p Drawing.s. Product 3.13 USE CF SITE A201-1987 9 not be Lmxeg_son2b[y wid~',¢ld. T~e Comm~or s~ ~o~ ~- 3.15 CLONING UP 3.15.1 Thc Contractor sh~ kc~ ~c prcmb~ ~d ~und- ~g ~ frcc ~rom ~c~don of ~[~ m~[c~ or mbb~h ~ed by opemdo~ ~d~ ~c Co~tmct. M ~mpiedon of ~e Work thc Con[m~or sh~ r~ovc ~om ~d ~bou[ ~¢ Pm~cc: equipmen[. ~mc~ ~d su~i~ ~te~. 3.15.2 ~ ~e Con[m~or ~ m d~ up ~ provided ~ ~¢ Con[mc[ Do~:, ~c Own~ ~y do ~ ~d ~c cos[ [hcr~f sh~ ~ ~ed to ~c Con[mc[or. 3.16 ACCESS TO WORK 3.16.1 The Con[mc[or sh~ provide ~¢ Owner ~d .~t~[ lo.ted. ~.17 ROYAL~ES AND PA~TS 2.17,1 Thc Conic[or s~ p=y ~ ~y~d~ ~d Ucc~ f~s. Thc Co~[mc~or sh~ dc~cnd suim or c~ for ~[~gem~t of p:te~[ d~ ~d sh~ hold the Owner ~d Mchic~t h~l~s from 1o~ on =cco~ ~coL bu~ s~ ~o[ be r:po~ible ~oc such defc~c or [o~ whc~ ~ p=m~ d~i~, proc:s or prod- Son [o bcJicv¢ [h=[ th¢ requ~ed d~[Dn, proc~ ar produc[ ~ ~ whose ac~ ~cy m;y bc ~blc, ~d]~ of who[her or not teen's consultants, and agents and e,,nploye'~ of any of them arising out of (1) the prepm-ation or approv-.I of m~ps, dl-aWLn gs, op/mons, repons, surveys, C2ange Ordem, designs or specifica- tions, or (2) the giving of or the fmlur¢ to give dkecuon5 or instructions by [hc Architect, thc .-krclaitect's consult.~nts, :m.d age.,nts md employees of:my of them provided such giving or falure co g~ve is ine pnn'~ muse of thc inlury or ci~m~ge. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 Thc Amhicc'c[ is thc person Nwfi.fily Lic~'~-d co proc'Joe ~chitecmre. or =n ¢ntiL'y hwfully proc-dans :wchitecture iden- diled as suct~ in the ,~greement md is referred co throughout the Contract Documents as Lf smgul= in number. The term representative. 4.1.2 Duties, rmponsfoitities and limitations of authority o( the Architect ~ set forth in the Contract Documm'ns shall not be resmc:ed, modified or e.=ended w~thoot written consent of the sonobly wir21he!d. 4.1.3 in c-nsc of ~en'mnadon of employment or: [he 3-rchitect, the Contract Documents sh:gl be [hat of We former ~rchitec:. 4.1.4 Dispu[es w, sing under Subpam~":p~ -t.l.2 md 4.1.3 sh-~ll ~¢ subjc~ to ad3icr"x[on. OF THE CONTP. ACT 4.2.1 Thc ,~-chitec~ w/il provide :zdmini~r~tion of the Con[nc[ as dmcnhed m [he Contract Docum~',,ts, and w~ii be the Owner's represent=tire (l) cturmg comrrucuon. payment is due and (3) with the O~e.-'s concurrence, from twne co twne dunng the correc'don graph 12.2. Thc Mchitect will advise :lnct consult with mc unless otherwise modified by written u'~su'ument in accorci=nce with other provisions of the 4.2.2 The Arohitec~ will visit thc site al inte.'wals appropriate to the stage or' constrocuon to become gmemlly fitmilim' w~th the progress and quality of [he completed Wod( :md to cie:ermine ~n general if the Wort~ is being performed in a mm'mcr indic:t- lng that the Work. when completed, ~ be in accordance with to check qt.~ity or quannty of [he Wo~. On the b~is of on- site obsm-vadons =.sm :zrchitect. the .~rchite~ will keep the guard the Owner ag:unst de/cots ma e. egclences tn the Wor,~. 4.2.3 Thc Arch~cc[ will not have control over or charge o f and solely [he Con£nctor's responsibtliry of md will not ~e ,,~tsponsthle for =cts or orru~ions ot [he Con- 10 A201-1987 other pe~o~ perfo~g po~io~ of ~e Wor~. 4.2.4 Communi~flo~ Facill~ng ~n~ Admin~ m~e ~rou~ me Mc~. Co~Uom by md .~chitecfs co~mm s~ be ~ou~ ~e .~[e~. nimoo~ by md wi~ Subcommcmm md mate~ supplie= sh~ be ~rou~ ~e Con.cot. Commm~no~ by 4.2.5 B~ed on ~e .~chi[ect's ob~uom md ~no~ o~ the Continuer's AppE~om for Pa~ent. ~e .~ec[ ~ue Cea~mtm for ~mm~ m ~ 4.2.6 The Ar~ite~ w~ have uu~od~ to mj~ Work which M~i~ect co~ide~ it nec~ or adv~bie for ~pl~enm- lion of the ~en[ of~e Con~ ~. ~e Ar~it~ have :mthon~ [o mq~e a~.o~ ~p~on or ~g Work m accor~ce wire 5ubp~p~ 13.5.2 md 13.5.3, wnemer or no~ such Wo~ ~ ~bn~ted, ~ed or complete. However, ne:~er thru au~od~ of ~¢ .g~[em nor a d~ion au~on[y sh~ Dye mc ~o a duty or r~po~ibfli[y of ~e Archi- Shop Dmwm~. Pro~uc= Dam md S~pim, but only for the wen md me design conc=p~ e~r~sed m me Commcr Do~- ~'hde ~owmg suffiCen~ ~e ~ ~e Mchi[e~'5 profmsion~ perfo~mce Of ¢qmpm~t or sys[e~, ~ of which eem~ rmpo~;biliQ' of the Contractor ~ ~quir~ by mc Con.ct ~ sh~l not relieve ~e Contractor of ~¢ obli~uo~ under Pm~p~ 53. 5.5 md 3.12. ~e Mchi[~'s rm.iew s~ approv~ of: specific item sh~ not in~cnte approvm 4.2.8 The Mchi[ect ~i~ pr~e Ch~ge Ordem ~d Cons[~c- the Work ~ provide~ in P~ph 7.%. ~[e or ~[~ of Subst~tim Completion md the ~[e of complenon, will rece:ve md (o~d :o ~e Owner for out the .-~-chitecfs re~ponsibdkies at the site. The duties. rcspocsibdkie~ and limita[iOrLS of authont'y of such prolec~ repre~enmuvm shall be as set form in an exhibit to be incorpo- rated in the Contract Document. tot. The .gchitecfs response to such request5 will be made with reasormble prompmcss and within :my dine lhmits ags~d which interpremoons required of the Architect shali be fllr- nished in compliance with d'~ Paragraph 4.2, then de~y shall not be recognaed on account of ~'.~ure by the .-krchitec~ ~o ~ur- made for them. 4.2.12 [nterpremtiort5 and decisior~ of the .A.rchitec~ will be coraLs[ertl with the intent of :md rensormbly inferable from thE Con=nm Documents and will be in wdung or in the form of drawings. When malting such interpretations and deci~ior~, the .a..rchitec~ will endmvor to seoare faid~tbl performance by both Owner :md Contractor, will not show par~mliry to either :md ~qll not be ~ble for results of interpretations or dec~or~ so rendered in good P,~ith. 4.2.13 The Architecfs decisior,.s on matters rebting to aesthetic e~fect will be flrml i~ consistent w~th ~e m~ent e~r~s~ in ~e 4.3 CLAIMS ANO OISPUTES 4.3.1 Definition. x C1awn Ls a demand or :~.semon by one of The rc~ponsibilky to subst:mtmte Cl=u~ns sh~l re~ with ~e p~ m~ing the C~. 4,3~ O~ision of A~fiit~t ~ms. ~clu~ing those ~egmg m ~or or om~ion by the Mchi[ect. sh~ be referred initi~y ~o ~e Ar~itc~ for action ~ provided m P~gmph 4.4. A deci- sion by ~c .~it~. ~ provided in 5ubp~ph ~.~.4, sh~l be requir~ = a con~tion pr~cnt to xbitm~on or [i[i~on of a C~ ~'~ ~he ~ntmctor md Owner = :o ~ such mattem ~ing prior to the ~[e Hr~ payment ~ due, ~rdl~s of(l} whe~ sue2 maxem m~m ~o mx~on md progs~ of mc Work or (2) ~c exten~ to which ~c Work h~ b~n corn- pie=ed. The dec, ion by ~e Mchi~ ~ r~ponse [o a C~ the event ( 1 ) ~e position of .~cfli~cc~ ~ vast. (2~ the .~chitec: within a~d [~e ~mi~, (3) me Mc~i[~[ ~ ~i~ [o ~e nc:inn required under Subpam~ph 4.4.~ ~'i~in 30 ~ys a~er the C~ ~ made. (M ~5 ~ys have p=sed a~er the Cla~ h~ 4..3.3 Time limits on Claims. Claims by either parW mu~[ be a~tcr ~c mzcmJ ~ ~ bemq tmpl~mented by Ch.'rage Otter A201-1987 11 4.3.4 Continuing Contract Pedortnance. pencii~g in w~u~g ~hc Conc~ctor ~h~ pmc~ ~g~ndy wi~ pcffoc- 4.3.5 Waiver of C~aims: ~1 PaymeflL ~e payment sh~ co~mte a w~vcr of Cl~ by the Ownc~ lng out of ~¢ Co~ct ~d .2 f~u~c of ~¢ ~o~ :o comply with ~c ,3 cc~ of sp¢c~ ~n~ ~¢qu~ed by ~ Co~mct 4.3.6 Claims lot Conceal~ or Un~n ~ndiflons. ff ~n- diuo~ ~e e~counccred =~ ~c site whi~ ~c (1) subs~f=ce or othe~¢ cohered phys~ con~tio~ w~ ~ffer maten- unknown ~hysi~ con~o~ of ~ ~ n;~r¢, fer mate~y from ~os¢ orally found to ¢~t · ~ 21 ~ys after H~t obs¢~cc of ~¢ con~t~o~. ~¢c~ will promptly ~v~t¢ such con~o~ ~d, ff ~ dJffcr 4,3,7 Claims for ~ddi~o~al CosL [f ~h¢ Com~c~or the Work. Prior nouc: ~ not r~ui~ for C~ ~tmg emergency en~genng [ifc or prope~' ~ing unde~ gmp~ I0.3. If ~e Contractor beiicves ad~tion~ cost intc~r~:Uon from ~e .~chitec~. ~2) ~ order ~y ;et;. (4) failure of paymen~ by ;he Owne;. {5) ce~inauon of ~hc 4.3.8 Claims for Additional ~me mqd ~at we=~e.- con~tions h:~d ~,~ ;dve,'~e ~ffect on ~e 4.3.9 Iniu~ or Damage to P~mon or Pm~. If ~er to ~c Conc~c~ suffem inju~ or ~age ~o pe~on or pro~e~y be~e of ~ ac~ or om~ion of ~e omer ~, of ~y of ~e o~cr p~'s ~ploy~ or agent, or of o~e~ for whose su~ pa~' ~ l~y ~ble, written notic~ o6 such iniu~ or d~gc, whet~cr or not ~urcd, sh~ be ~ven co ~¢ o~her p~ wi~m a c~flable ~e not exceeding 2 [ ~ys ~er ~c o~e~ ~ ~o ~v~n~tc ~¢ matter. If a C~ for ~ddi- rJon~ cost or t~e ~t~ ~o ~ C~ ~ {o be ~se~cd, ~t b¢ Cded ~ provi~ m Su~p~p~ 4.5.7 or 4.3,8. 4,4 ~ESCLU~ON CF ~IMS ~O DISPU~S 4.4.1 ~e .~c~t~[ w~ ~ew C~ ~d t~e one or more the foflowmg pre~m~ ac~o~ within ten ~ys of recc~p[ ora C~m: (1) r~u~ addino~ suppo~g ~m from th~ ct~, (2) submit a sch~ule ~o ~e p~i~ m~ca[ing when ~e ~ expec~ [o ~e ac~on. (5) re~t ~e C]~ in whole ~r p~. stating r~o~ for m)~rion. (~) recommenO approv~ the C~mm by ~¢ o~er ~ or (5} su~t a comprom~e. .~hi[ecr may ~o. but ~ not obfl~ted [o, notih/~he sure=y, 4.4.2 Ifa Cl~m h~ b~ r~olved, ~c .~chi[~t will 4.4.3 If ~ C!~ ~ hoc bom ~e5olvcd. u~e pcay m~ing ad~tion~ 5up~}mng ~ra required by ~h~ ArchitecL (2) modi~' the [nici~ C~ or (3) noci~' ~e .~chi¢cc: that cbc inic~ 4.5 AR 8IT~IATI(2N 4.5.1 Controversies and C~aims Sut~ject to Arbitration. 12 A201-1987 4.5.2 Rules and Notices for A~itraflon. C~ bct~v~n the Owner ~,nd Conwactor no[ resolved under P:magmph 4.4 sh-:.ll. if subject to arbi~uon under Subp~'-agr-aph 4.5.1, be decided rendy in effect, un[ess the pm~es mu[uaily agre-c otherwkse. 4.5.3 Contract Performance DufincJ A~itration. Du~mg :Lrbi- tmtion proceedings, the Ownc.- :md Contractor shall compiy with Subparagraph 4.3.4. 4.5.4 When Ar'oitratlon May 8e Demanded. Demand for xbi- ir'coon of any Claim may no[ be made undl the earlier of(l) the dace on which the Mchi[ect h2s rendered a rm=l written deal.- sion on the Claim, (2) the tenth day ~er the pgames ?rove pre- written decizion by thai date, or (3) :my of r. he ave events described in Subparagraph 4.3.2. [he decision ks Final but subiect to arbitrauon :md (2) a demo. nd based on such Claim would be barred by thc :igpiicablc s[:[u[e 4.5.8 Claims and T~mely Assertion of Claims, 3. paru' who dcm:md nil CLmms men known to ~=t pa~ on ~'hich ~bitm- don ~ pe~i[[ed [o be dem~ded. When a p~, ~ [o include 4.5.7 Judgment an ~1 AwaY. The awed rendered by me =rbi~[or or ~bit~om sh~l be F~, ~d jud~en[ may be having jumdicdon mereo& ARTICLE 5.1 SUBCONTRACTORS DEFINITIONS able objection. 5.2.4 Thc Contmc:or sh:~ll nc~ change a Subconmzczor. person A201-1987 13 5.3 SU BCONTRACTUAL RELATIONS 5.3.1 By ~ppropr'mtc =greement. wdtten where legally required for v:~idity, the Contractor shall require mcA-, Subcontractor. to the re:rent of the Work to be perSormed by ,,.h.e Subcontractor, to be bound to the Contractor by mm o~ the ConLmct Dock- and responsibilities whic2~ the Contractor. by these Docu- ments, assumes toward the Ox,~er md Arc,~ttect. Each subcon- tract agreement shall preserve .md protec~ the rights of the re,peer tO the Work tO be per~rmed by the Subcontractor so that subcontracting thereof wdl not prejuCice such dghts, md shall allow to the Subconr. mctor, urJes,s s.~'~=ically promded othe.,'v, qse in the subcontract agreement, the benefit of dgiqts, remedies and redress ':~o'~insr the Contractor d'mt the Conmactor, by the Contract Documents. has again-st the O,~aer. Where appropriate, the Contractor shall reqture each consractors. The Contractor si'mil make av-.~iable to each pro- agreement, copies of the Conr_~ct Documents to which the Subcontractor wtil be bound, .md. upon ,amr~en request of the tiom of the proposed subcontract agreement which may be at sWntiariy make copies of applic'-.J~le portions of such docttments avmlaPIe to their respecuve proposed Suh-~bcontmctors. 6.4 CONTINGENT ASSIGNMENT OF SIJI~CONTP, ACTS 5.4.1 Each subcontract agreement (or a pot's:on of the Work is graph t.~.2 and only for those subcontract agr~me.qts .2 assignment ~s subie~ :o the prior :':grits of the sure~', if a,qy. obiigated under Bond reNt:,-,g to the Contrac:. 5.4.2 if the Work has been suspended for more than 30 days. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO P'N-m. FORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the ~_,gt~t to perform constmcnon or operations tented ~o the Proiec: ~vith the Owner's own ~orces. 6.1.3 The Owner shall provide for coordination of the acovt- nes of the Owner's o,am forces ;md of each separate contractor wi~ ~e Work o( ~em. ~e Contac:or sh~ p~pate wi~ o~er s~[e con- t=cto~ ~d me Owner m r~e~g ~ co~on sched- ~ when ~red ~o do ~. ~e Contractor sh~ ~e my rc~iom to ~e co~chon ~ed~c md Con,ct d~ed n~ ~ a joint r~ew md mut~ a~enc The common, un Own~ ~ subschu~dy revved. 6.1.4 Uhiez. s otherwise provided in thc Contract Documents, when the Owner pe:'forrns construcoon or opera[ions related to the Project w~th the Owner's own forces, the Owner shall be de~-ned to be subject to the same obflg=tions and to have the same nghts which apply to the Contractor under the Condi- nons of the Contract, including, without excluding others. those stated in Azttde ~, this Ar~c!e 6 and ?~rdcles 10, mad t2. 6.2 MUTUAl RESPON$1BII.fi'Y 6.2.1 The Contractor si~LI =fiord the Owner ;md separate con- ~ractors ten. sortable oppormmty for introduction and storage of their mated.M~ and equipment and performance of their ac'dvt- t:es and shall cormem and coordinate the Contractor's con- struction and operations w~th thea's = required by the Cun~r=ct DoctLments. 6.2.2 If par~ of ~he Contractor's Work depends for proper execunon or results upon construc-don or operations by the Owner or 1 separate contractor, the Contractor si~. poor to proceeding x.~th that portion of the Work. prompdy report ~o [he Architect apparent dLscrepancies or defects in such other corlstrucoon r.l-~'l[ would render it tmsuita~ie for such proper execution md resuir, s. Failure of the Contractor so ~o report sh~.Al constitute an ack.qowledgment d-mr the Owner's or sepa- rate contractors' completed or parmaJly completed constrt:ction ts fig and proper to rec~ve the Contractor's Work. except as ~o defects not then reasonably discovemPle. 6.2.,3 Costs caused by deD. y$ or by improperly dined activities or defective construction ~h~l be borne by the par~., response- hie therefor. 6.2.4 The Contractor si'~ prompdy remedy damage wrong- Mlly caused by the Contractor to completed or partially com- pleted consrrucuon or to property, of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Clauns and other disputes and matters in question lect in the provts~ons of Paragraph 4.3 provided the separate 6.2.6 The O~'ner :md ~ch separate contractor shall have the sa.me cespocksibtlitt~ ~or cutting md patching as are for the Contractor in Pz, ragmph 6.3 OWNER'S RIGHT TO CLEAN UP 6.:].1 [fa dispute artses among the Contractor. separate con- 14 A201-1987 ART1CLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Chang~ in me Work may be accomplished a~er exeoa- tion of ~e Contract. ~d wi~out ~v~tmg me Con.c=. by C~mge Order, Consi~c=ion Ch~ge Direc~we or ord~ ~or a rumor ch~ge m ~e Work. subj~l to ~e limita~om sm[~ in ~m .~c!e 7 md ~ewhere m me Comic= Do~menm. 7.1.2 A C~ge Order sh~ be b~ed upon a~e~ent ~ong Directive req~ a~e~r by the Owner md Mchitec~ md rumor ch~ge m ~e Work may be ~sued by ~e M~il~ 7.1.3 Ch~gm ~ ~e Work sh~l be perfo~ed under appti- [or sh~l proc~d prompdy, u~e~ othello provided m the Chmge Order, Cons~c:ion Ch~ge Direc~ve or order tbr a mmor ch=ge m ~e Work. 5ubsequendy a~ upon. m~ g' qum[ities ong~y con- mmplamd xe so c~ged in a proposed C~ge Order or Con- s~mc:~on C~ge Directive ~at application o~ such ~i~ prices to the Owner or Comnc:or, the a~plicnble unit phC= shml be equitably a~im[ed. 7.2 CHANGE ORDERS 7.2.1 A Ch:rage Order ~s a written instrument pre?ar:d by the .1 a ch~ge in the Work: .2 the ~oum of cbc adjustment in ~c Conrrxc: Sum. if 7.2.2 Met~o~ cee in ~ete~ining agjmrmenu ro thc Sum may mcluOe those ~te~ in Su~paragmp~ 7.3.3. 7.3 CONS~U~ON CHANGE DIRE~ES 7.3.1 A Coati,ton G~ge Dirc~ivc ~ = w~[te~ or,er pre- p=e~ by the .~itect md slgned by the Owner md dire~g = c~mgc in ~he Wo~ md stating a pro~sed b~ both. Thc Owner may By Co~t~c=~on C~ge Direr=ire. [nc~ T~e being =di~[ed accordin~y 7.3.2 A Co~t~c=lon C~ge Direcrive sh~l be ~ in the absence o~ [~ agre=men[ on the ~erms of a C~ge Order. 7.3.3 [~ the Co~[~cnon CN~gc Direcdve provld~ for on one of me followthg method: .3 cost to be deten~nmed in ~ me.' a~eed upon by the pamcz :md a mut'o:zlly acceptable [xed or percent- age fo=: or .4 = provided m Subp~ph 7.3.6. 7.3.4 Upon receipt o~ a Comtmc~on Ghmge Doecdve, ~e Contractor s~ prompdy pr~d wi~ ~e ~ge ~ ~e Work ~volved md advbe ~e M~ic~r of ~e Co~[mc~or's a~eem~r or ~a~menc wi~ ~e me.od, g my, pro~de~ m ~e Comrmc~on G~ge Di~cnve ~r de[emg ~e pro- posed ad~enc m ~e Contact Sm or Contact T~e. 7.3.5 A Comrmc~on ~ge Direc~ve si~ by ~e Commc- mg adjacent m Contract S~ ~d Con.ct T~e or ~e me.od for dc~e~g ~cm. Su~ a~ent S~ be offer- ave ~te!y md s~ be recorded ~ a ~ge Order. 7.3.6 If ~c Contractor d~ not r~pond prompdy or ~a~ees w~m me me.od for ad,torment m ~e Contract Sm, ~e method md the adimrmenr sh~ be detc~m~ by ~e Mc~i- t~t on the b=m of r~o~bie e~cn~mr~ md savm~ of · ose perfo~ing thc Work ar[nbumblc to ~e chmge, mdud- ~lo~ce for overh~d md profit. In such ~. md ~so under CMme 73.3.3, ~e Conrmc:or s~ k~ md prment. M such thS 5ubp~gmph -3.6 sh~l be ~ir~ ro ~e lo,owing: .1 cos~ of labor, including soo~ 5ecanry. old age md compensation msu~ce: .2 cos~ of materi~, supplies md equipment. ~cluc- .5 additional costa o~supe~,mion ~d field office pe~on- 7.3.7 Pending find determination of cost to the Owner. amounts not in dispute may be included in Applications for firmed by the Architect. When both additions and credits change, the allowance for overhead and profit shall be figured [:on of m approgrmte C. "'m~4e Order. A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 /"ne .~chit¢ct w~ have authont~ [o order minor eh3nge$ effected by wdtten order and shall be binding on the Owner orders promptly. ARTICLE 8 TIME 8.1 DEr-tNmONS 8.1.1 Unless otherwise provided, Contract Time is [he period of th'ne, ~clud~ authorized adi~lm~, ~o[ted i~ the Con- [mc= Do~men~ for Su~s~[~ Compl¢~ion of ~ ~'ork. 8.1.2 The ~ce of commencement ut' the Work b the ~te ¢smbi~hcd in ~he Agreem~[. The ~[e ~h~ not ~ postponed by ~e f~iuce [o act of the Cont~or or of pe~ons or ent~tic~ (or whom the Cont~ctor ~ r~po~ible. 8.1.3 The ~[e of Subst~[i~ rumple:ion ~ ~he ~te Cemfied by cbc Archi[ec[ in accord~ce with P~g<ph 9.8. 8.1.4 The te~ "day" ~ ~cd in ~e Con[<c: Do~ents ih~l mc~ c~en~ ~y uni~ o~e~e sgecific~ly de~ncd. 8.2 PROGRESS ANd C~MP~ON 8.2.2 The Conc~ctor sh~ not knowingly, except by agree- ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement ;:nd, includ- ing authorized adjustments, ia the tot.al amount payable by the Owner to the Contractor for performance of the Work under 9,2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor ~h~l submit to the .krchitect a schedule of values ~located to ,.,:,nou.5 porr, ious of the Work. prepm'ed in such form and sup- may require. Th~5 schedule, un1¢55 objected co by the Architect, sh:fli be used as a b~is for reviewing the Contractor's App[ica- 9.3 APPLICATIONS FOR PAYMENT 9.3.1 Ac icmst cea days before the date established for each progress payment, thc Concmcro[' shall submit to the .~chitect tn accordance with the schedule of values. Such application shall be notarized, if required, and supposed by such data 8.3.1.1 Such appiic=tions may include re:4u~ts for payment on included in Change Orde,rs. 16 A201-1987 par~ as provided in Subparagraph 9.5.1. edge, information =rid hefted, qu~q~ of ~¢ ~ork ~ ~ ~cco~- ~d [o spcc~c q~fi~do~ ~xpr~ by ~e .~chite~. ~c q~icy or qu~u~y o~ ~e Work, (2) reviewe~ com~maioa m~, me~o~, ~echmqu~. scquenc~ or procedure. ~d materi~ suppli¢~ ~d o~¢r ~ta required by ~he Owner Sum. Subparagraph 94,1. If thc Con[r~c:or ;.md .~cb, it¢ct c-~nm)t probable ~'flin$ of such claims: withheld. ~,6 PROG~ PAYM~S 9.6.1 .~e~ ~e ~bi[ec: ~ ~su~ a Ccmfi~[c ~oc Paymcm. 9.5.2 ~ upon r~elpt of payment from me O~er. out of ~e ~ount uon of the entid~, mfl~g perc~mg~ ac~ly re~ from paments of the Wo~. ~e Conmctor s~, by appmpmte a~ment ~.~.3 ~e Mchit~t w~. on ~u~t. ~mmh to a Subcontrac- tor, ~ pmcfimle. ~fo~on ~d~g ~rcenmg~ of com- pletion or ~o~ appli~ for by ~e Contractor md action no~ of the Work done by such Subcontractor. 9.~.4 Ne~mer the Owner nor ,~it~ s~ have m obli~t~on exert ~ may ome~e be required by ~w. 0.8,5 Payment to mated~ supp~e~ s~l be trmted m a intoner s~ to c~t providee m SuOpm~p~ 9.6.2.9 6.3 md 9.6.q. 9.&8 A Cemfimte for Pamenr, a pmgr~ pa3~ent, or parti~ ~,7 FAILURE OF PAYM~T 9.7,1 If ~e .~chit~: do~ not ~ue a Cemfi~te for Payment. Owner md ext~dc~ appropnatcty md the Con.ct Sum sh~ be shut4own, de~y md s~-ug, which sh~ be accomgl~hed 9.8 $U~TA~AL ~MP~ON 9.8.1 Subs~ Compic~on ~ ~c stage ~ ~e progr~s of thc A201-1987 17 namd portion ~ereof is substanrmlly complete. If the ,~'ch~rect's in.specuon discloses any item, whether or not mduded on the Contractor's Ut, which ~ not in accordance to: shaft, before issuance of the Certkqcate of Substantial Corn- of Substantial Completion which shaft establish the date of Sub- Owner and Contractor for 5ecun~, rnmnte:-mnce, h~t, ur~i~rJes, danmgc to thc Work and insurance, and si-~Jl fix the accompanymB thc Certificate. Wan'an:ins required by the Coo- otherwise provided in the CemHtmte of Substantial Comlple- 9.8.3 Upon Substantial Complenon of thc Work or designated pomon thereof ma upon appllcanon by thc Contractor and cemfication by the .~'chiteot, thc Owner shall m~e payment, reflec~mg adjustment in re:renege, il' any, for such Work or 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any compie'.ed or par- rmJLIv completed portion of thc Work at :my stage when such pomon is substa.mailly complete, pro'nd, ed thc Owner and ante. and have agreed in writing concernmg thc period for col SuBparagraph 9.8.2. Core'.sent of the Contractor to partial occu- panc7 or use shall not be unreusona~ly witD~c!d. The stage of the progress of thc Work shall be determined by written agree- 9.9.2 Immediately poor to such par:mi occupanq/ or use. me Owner. Contractor :md :krchitect sdail jomdy tnsbect the area to be occupied or pomon of [he Work to be used in order :o dc:ermme and record the conslinon of the Work. 9.10 ~NAL COMP[~'-T~ON AND ~NAL PAYMENT Aapli~aon (or ,%v'ment, the .M'chitec:., wtli prampdy rnz~e suc~ mspection :md, when [ne .gc-'-utect ~nd.5 the Work accept- a~le under the Contact Documents and the Contract fully per- for'riled, the Mchi£~ will prompdy issue a F~'~ Ce.~catc for Paymen~ sm:ag :Jut to the be~t of the .~-chitecfs ,tmowtedge. informar~on and be!icl, md on the bas~s of the .~rc~itec~'s obscrvanons and in~pectiorts, the Work has been compiered in accordance with term.s and condirlon~ of the ConLmct Docu- men~ :md that the entire hal;ace found to be due the Con£rac- to: and noted in said f,x'm.I Certificlte is due and payable. The :Lrc,hitect's 6:mi Cerr~c=re for ?=yment ~ constitute a further repre~entauon that conditions li~ted in Subparagraph 9.10.2 ~ precedeot tO the Contractors being enrided to rS.n~ payment have been ,%~filled. 9.10.2 N~ther fir~ payment nor any remainmg refereed percentage shall become due unul the Cont.:actor submits to the .M'chirect (1) an :fffidavit that payrolls, bills for mater,.als =nd equipment, md other indebtedness connected with the Work . For which the O,amer or the O'~wner's property' might be respomible or encumbered (less amounts wimhe!d by Owner) have been paid or otherW,.Se sa~tied, (2} a cemHcate evidenc- ing that in~ur'unce required by the Contac: Doc'aments to tm'nam m fume a~er ~ml payment ~s currendy in e/feel and wtll nor be cmcelled or allowed to expire unto at le.-~t 30 days' poor wntren no~lce has been g~ven to the Owner, (3) a wnnen statement mat the Corn:actor knows of no substanti~ :=son that the insuance will nor be mew'able ~o cover, the period required by the Contract Docaments. (4) torment or' surety, if any, co rlnal payment and (5), if required by the Owner, other dam estabiisfung payment or saas~cnon of obli~.tions, suc..h cecmp~s, re!e.~ses and Wavers of liens, d:~m. secure7 in:no, ts or mcumbr-.mces m'tsmg out of the Contact, to the ement anti in such form as may be desi~m'mted by the Owner. If a Subcon- tractor re.'Sases ~o furmsh a release or waver reqmred by the Owner. the Contractor may Mmash a bond satmr'actory to the Owner to indemmfv the Owner agm~t such tien. if such lien r~a=m.s unsettled ai%r payments ace made. the Contractor shall re.6.md to the Owner ail money that the Owner may be compelled ~o pay in disci"mr~:ng sucri Ilea, including all costs and re?,sonaole attorneys' Fem. 9.10.3 [£ ~ter Substantml Completion of the Work. final com- plenon the:eot' is materially de~yed through no fault or' the Contractor or by issuance bi C~hange Orde= ~fectmg tinal completion, and thc .~'chitect ~o confirms, the Owner shall, upon app. licanon by the Contm~or and certification by the .~'cb4tect, and without tn:mina:ag the Contract. make payment of the balance due for that portion of the Work i'~lly completed and accepted, if the remaming Oalance for Work not t~ily com- pleted or corrected ~s less than retamage Supulated in the Con- t~ct Dooaments, and if bonds dave been fiirm.shed, the written consent of surety to payment of the balance due for that pof ~ion of thc Work fully completed and accepted shall be submit- ted by thc Contractor to the 3xchiteet poor ~o cemricanon or. such payment. Sucin payment shall be made under :eras :md conditions govemmg l~nal pavment, except that it $hail not constitute a waiver or' c!mms. The maXing or' final pa.anent shall consntute a waiv&r of c!airn.s Dy the Owner ~ provided tn Sub- pa~gmg h 4.3.5. me waiver desc.'"ibe,..1 in Sui~h .t.5.5. ARTICLE 10 PROTECTION OF pERsoNs AND PROPERTY 10.1 SAPe.[Y pRECAUTIONS AND PROGRAMS 10.1.1 The Cont~ctor shall be responsible for initLa~m~, rotan- raining ~d su~rvksing ~ safety pr:c~utio~ ;md prog.mms cortnecQon with the p~ffotmancc of the Contract. biphenyl (PCB) which has not bee~ rendered harmless, the Contractor shall immediately stop Work in the area affected fact the matedal ks asbestos or polychlormated biphenyI (PCB) and has not been rendered harmless. The Work in the affected nated bipheny[ (PCB), or when it has been tendered harmless, Article 4. 10.1.3 The Contractor shall not be required pursuant to ,~ide polychlorinated biphenyl (PCB). 10.1.4 To the Mlle~t extent permitted by [aw, the Owner shall indernnify and hoed harmless the Commctor, Mchitect. Mchi- cect's consultants and agents md employees of any of them from and aga.mst clan-ns, ck~nsges, losses and expemses, iht!Ual- from performance of'the Work hq the affected m'ea if in fact the material is ~bestos or polycbiorinated biphenyl (PCB) and bas ir)ss or expense is atmbutable to bodily injury, sickness, disease (other than the Work itse!i') including [os$ of use resulting claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation >h:dl not be construed to negate, abndge, or reduce other dghr5 or obligations of described hq thk5 Subparagraph 10.1.4. 10,2 SAP=t ¥' OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precaunons for safety of, and shall provide reasonable protecoon tO prevent damage, inlurT or loss to: .1 employees on thc Work and other persons ,,,'ho may 10.2.2 The Contractor shall give notio= and comply with applicable Laws. ordinances, rules, regulations and lawful orders of public authorities bes.rmg on safety of persons or propero/or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by exksting conditions and performance of the Contract, reason- able safeguards for safely' and protection, including posting cLanger signs and other warrang$ against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explnsive~ or other hazardous materials or equipment or tmusuaJ methods are necessary for execution of the Work, the Contractor shall exerc, me utmost care and carry on such activities trader supervision of properly qualified personnel. 10.").8 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property' insur'~ce required by the Contract Doomaen[s) to property referred to in Clauses 10.2.1.2 and 10.2. 1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed By any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 102.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or ,~'cbitect or anyone directly or indLcectly employed by either of them. or by anyone for whose act5 e:ther of them may be liable, anti not atmbutable to the fault or negligence of the Contractor. The foregoing obligations of ~he Contractor are in addition to the Contractor's obligations under Paragraph 3.18, 10.2.8 The Contractor shall designate a responsible ,member of the Contractor's oeg=nization at the site 9.-hose duty sh'JJl be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contracto~ in Wmlng to the Owner and .Mc,hitter. 10.2.7 The Contractor shall not load or perrmt any part of the construction or site to be loadetl so as to endanger its safety. 10.$.1 in :m emergent? affecting safety of persons or property, the Contractor shall act. at the Contractor's discretion, to pre- vent threatened damage, iniuo- or loss. Addition'.~l compensa- tion or extension of ewne claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Az-title 7 ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LLa, BIUTY INSURANCE 11.1.1 The Contractor sh~ purcJnase from and mamtmn in a company or companies lawfully authorized to do business in the iunsdiction in which the proiect is located such m~urance as under the Contract and 1bt which iht Cont~ctot may be legally liable, whether such operations be by the Con£mctor or by a Subcon£ractor or by anyone direr'Ay or indirectly employed by disaD~fi[y benefit and om~' sim~ar ~-nployet: be~elit acts w,hJch are applicable to me Work to be peaormc, d: A201-1987 19 .2 ck~ms for dm'~ag~ because of bodily talUS', ~p~- employc~; or d~¢, or d~h of ~y person other th~ the Con- tractor's ~pinyees; .4 cN~s for ~ages insured by ~ ~n~ inju~ liab~i~ coverage which ~e s~ned (1) by a ~on ~ a rmult of m offe~ ~ecdy or indirectly related to employment of such pe~n by the Contractor, or (2) by mo~er pe~n; .5 cla~s for ~ages, other th~ to the Work i~elf. he.me of m}u~ to or d~tmction of t~ble prop- erty, mclud~g Io~ of ~ r~ulting the~from; .8 c~ for ~g~ be~ of bo~y mju~, dm~ of a ~n or proper~ ~age ~mg out of owner- ship, ~te~ce or ~ of a motor re.cie; md .7 drams revolving conr~c~ liability ~umce appli- cable to ~e Commctor's obligatiom under P~ph 318. 11.1.2 ~e imu~ce required by Subpara~aph l l. 1.1 sh~l be wnnrn t~r not I~ th~ limi~ of liability specified m the Con- tract Documenm or required by law. whichever cove~ge is greater. Coverage. whether wmten on m occurrence or claims-made b~m. sh~ be mmntalned without inter~ptinn payment md te~ination of my coverage required to be mmn- t~cd ~tcr fin~ ~yment. ~ 1.1.3 Cemficat~ of I~umce accepmNe ~o the Owner sh~l be filed with the Owner prior to commencemen~ of ~e Wora. Throe Cemficat~ md ~e insu~ce polic:~ required by this afforded under the policies will not be cmcelled or ~lowed to to the Owner. [f my of the forgoing insu~ce coverages are required to remmn in force a~er fin~ payment md are r~on- ot suc~ coverage s~l be submitted with the fin~ Applicauon for Payment ~ required by Subpmgmp~ 9.~0.2. Infi)~atinn concerning reduction of coverage sh~l be ~m~hed by the Contractor with r~onable prompm~s in accor~ce with the 11.2 OWN~'S ~BIU~ INSU~NCE 11.2.1 The Owner sh~ be r~ponslblc for purch~lng and mmntmning the Owner's mu~ li=blli[y ~sumce, Optinn~ly, for purch~ing ~d m~ntaining thru op[ion~ Owner's liability other than the Owner has a~ insurable uaterest in the property required by this Paragraph 1 1.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors :md Sub-subcontractors in the Work. 11.3.1.1 Property insurance shall be on an all-risk policy form and shall insure agmrkst the penis of fire and extended coverage and physical loss or cl.-linage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover r~nable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwkse provided in the Contract Documents. 11.3.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in wntmg prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub- subcontractors in the Work. and By appropriate Change Order the cost thereof shMl be charged to the Owner, If the Contmc- Ior is damaged by the failure or neglect of the Owner to pur- chase or malntmn insurance as described above, withom so notifying the Contractor, then the Owner shall be-ar all reason- able costs properly attributable thereto, 11.3.1.3 [f the property insurance requires minLmum deducti- bles and such deductibles are identified tn the Contract Docu- meals, the Contractor shall pay costs not covered because of such deductibles. [f [he Owner or insurer increases the required mlntmum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voiuntao- deduc- tible amounts, the Owner shall be responsible lbr payment of the additional costs not covered because of such increased or voluntaO' deductibles. If deductibles are not identified in the Contract Documents. the Owner shall pay costs not covered because of deductibles. 11.3.1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall cra'er portions o f the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work 11.3.2 Boiler and Machinery Insurance. Thc Owner shall purchase and maintain boiler and machinctT insurance required by the Contract Documents or by lax-.', which shalI specifically cover such insured objects dunng installation and until final acceptance by the Owner; this insuranceshall include ~ubcomractors in the Work. and the Owner and Contractor shall be atoned insured:/. 11.3.3 Losa ot U~e Insurance. The Owner. at the Or. net s option, mai,' purchase and mmnraln such insurance as will of the Owner's property, including consequential Iossm due to 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or ibr other special h~z- arcLs be included in the property insurance policy, the Owner shall, if possible, include such insurmqce, and the cost thereof shall be charged to the Contractor by appropriate Ch:rage Order. 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Project, or if after ~ payment prop- erty insurance is to be provided on the completed Project through a policy, or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.8 Before an mtposure to loss may occur, the Owner shall f'lie with the Contractor a copy of each policy' that includes i~surance coverages requi~ed by this Paragraph 11.3. Each policy, shaft contain afl generally applicable conditions, defini- tions, e-xdnsions and endorsements related to th~ Proiect. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior wns- ten notice has been given to the Contractor. 11.3,7 Waivers of Subrogation. The Owner and Contmcror waive afl dghts against (I) each other and any of their subcon- tractors, sub-subcontracrors, agents and employees, each of the other, and (2) the Architect, A£chitect'$ consulLants, separate contractors described in ?,zticle 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 ! .3 or other property amsurance applicable to the Work. except such rights as they have to proceeds of such insurance held by the Owner a.s fiduc;m-y. The Owner or Contractor. as appropriate. shall require of the Architect, Architect's consultants, separate contractors described in Ar-title 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 par~ies enum- erated herein. The policies shaft provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective ;ks to a person or entity even though that per- son or entity would otherwise have a duty of indemmfication. 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 ckaxnaged. 11.3.1} A loss insured under Owner's property insurance sh~l be adiusted by the Owner as fiducmry and made payable to the Owner as fiduciary for the insureds, as their interests may appesr, subiect to requirements of any applicable mortgagee clause and of Subparagraph l 1.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, mhd by approprmte agreements, wnnen where legally required for validity, shaft require Subcontractors to make payments to their Sub-subcontractors in similar manner. 11,3.9 If required in writing by a party in interest, the Owner a.s ~kluciaD, shall, upon occurrence of an insured loss. give bond for proper performance of the Owner's duties. The cost of required bonds shaft be charged against proceeds received as fiduciary. The Owner shaii deposit in a separate account pro- reeds so received, which the Owner shaft dismbute tn accor- dance with such agreement as the parties in interest may reach, or :n accordance with an arbitration award in which c~se thc procedure shaft be as provided in Paragraph 4.5. if alYet such loss no other special agreement is made, replacement of dam- agec property shaft be covered by approprmte Change Order. 11.3.10 The Owner as fiduciary, shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall obiect in wnting within five da.vs after occurrence of loss to the Owner's exercise of this power; if such obiection be made, arbitrators shaft be chosen as provided in Paragraph 4,5. The Owner as fiduciary shaft, in that ose, make settlement with thsurer5 in accordance with directions of such arbitrators. If distribution of insurance prOceeds hy arbitration is required, the arbitrators will direct such distribution. 11.3.11 Par[mi Occupancy or use in accordance with Pamgraph 9.9 shall not commence until the a'tSurance company or corn- pan:es providing property insurance have consented to such partial occupancy, or u.se by endorsement or otherwise. The Owner and the Contractor shaft take reasonable steps to obtain consent of the irmumnce company or companies and shall, without mutual written consent, take no action with respect [o partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 pERFORMANCE BOND AND PAYMEt~I' BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering fiithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in Bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential henefie~wY of Bonds covering payment of obliga- tions arising under the Contract. the Contractor shall promptly ~urn~sh a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 [fa portion of the Work is covered contrary to thc Archuect's request or to reqmrements specifically expressed in the Contract Documents, it must. if required in writing by the Architect. be uncovered for rhe Mchitect'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 .M'chitect may request to see such Work and it shall be uncovered By the Contractor. If such Work ts in accordance with the Contract Documents. costs of uncover- tng and replacement sh'all, by appropriate Change Order. Be charged to the Owner. If such Work is not ~n accordance with [he Contract Documents. [he Contractor shall pa)' such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for pavmem of such costs. 12.2 CORRECTION OF WORK 12.2.1 Thc Contractor shall prompdy correct Work rejected by the Architect or failing to conform to the requirements of thc Contract Documents. whether observed before or after Substantml Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such reiected Work, including additional testing and inspec- uons and compensation for the M'chitect's setv~ces and expenses made necessary thereby 12.2.2 If. within one year al~er the date of Substantial Comple- tion of the Work or designated poroon thereo£ or ar~er the date for commencement of warrinties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Consmct Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it prompdy a~er receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the actnai performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4. If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance with paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written notice from the Architect. the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay cnsts of such removal and storage within ten days after written notice, the Owner may upon ten additional days' wduen notice sell such materials and equipment at auction or at private sale and shy account for the proceeds thereof, after deductir:g costs and damages that should have been borne by the Con- tractor, including compensauon for the .architect's se,'~-ices and expenses made necessary thereby. If such proceec~ of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereMter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to ~e Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partmlly completed, of the Owner or separate contracto~ 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 thc time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced. nor to the ume within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents. the Owner may do so instead of requiring its 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 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13,2 SUCCESSORS ANn ASSIGNS 13,2,1 The Owner :md Contractor respectively bind them- selves, their partners, successors, assigns ;md legal representa- tives to the other party hereto and to parmers, successors, assigns and legal representatives of such other parr5,, in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party, attempts to mare such an assigrmqent without such consent, that party shall nevertheless remain legally responsible for ail obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to :an officer of the corporation for which it was intended, or if deiivered at or sent by r ~egaStered or certified m;nl to the last busine~ address known to the party giving notice 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments .md rights ant. remedies available thereunder shall be Lq addition tO and not a ii~nitation of duties, obligations, rights and remedies otherwise 'wnposed or avadabie by law 13.4.2 No action or ~allure to act by the Owner, .architect or Contractor shall consmute a waiver of a dght or duty afforded them under the Cont<c:. nor shall such action or ~a~Iure to act constitute approval of or acquiescence m a Breach thereunder. except as may be spec!fically agreed in wnting. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspecnons and approvals of portions of the Work required by the Contract Documents or by 'taws. ordi- nances, mien. reguianons or orders of public authorities having iunsdiction shall be made at an appropriate tame. Unless other- wise provided, the Contractor shall mare arrangements for such tests, inspections and approvals with an indepenbem test- ing laboratory or entity acceptable to the Owner. or with the appropriate public au~onty, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect mat,' observe such proce- dures. The Owner shaJl bear costs of tests, inspections or approv'.~ which do not become requirements until after bids are received or negotmtions concluded. 13.5.2 If the Architect, Owner or public authorities having junsdiction determine that portions of the Work require addi- tional testing, inspection or approval not ~ncluded under Sub- paragraph 13.5.1. the Architect will. upon written authorization from the Owner, irksmJct the Contractor to mare a~rangements for such additional testing. LnSpection or approval by an entity acceptable to the Owner. and the Contractor shall g~ve tn'heir notice to the .~-ehit ect of when and where tests and inspecr~ous ate to be made so the Architect may observe such procedures. 22 A201-1987 The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.3 [f such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure o[ the pomons of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary, by such failure including those of repeated procedures and compensation for the Architect's services and 13.5.4 Required certificates of testing, inspect/on or approval shall, unless otherwise required by the Contract Documents. be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay tn the Work. 13.6 INTEREST 13.6.1 Payments duc and unpaid under the Contract Docu- ments shall be-ar interest from the date payment is due at such rate as the parties may agree upon in writing or. in the absence thereof, at the tel?pi rate prevailing from tn'ne to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 .~ between the Owner and Contractor: .1 Before SubstantialCompletion..~stoactsor f~ures to act occurring prior to the relevant date of Substan- nal Completion. any applicable statute of limnations .2 Between Substantial Completion and Final Certifi- rmg subsequent to the relevant date or' Substantial Completion and prior to ~uance of the rtnal Certifi- cate for Payment, any applicable statute of limitations .3 After Final Certificate for Payment. ,-~ to acts or ante of the final Certificate for Payment, :ml,' appli- any wa'rarity provided under P~xagr~ph 3.5, the date Work by the Contractor under Paragraph 12.2. or the ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 dan through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agen~ or employees or any other persons performing pomons of the Work under contract with the Contractor, for any of the it3, fraying jurisdiction; .2 an act of government, such as a ded.z~tion of national emergency, malting material unavailable; .3 because the Architect h~ not issued a Certificate for Payment and has not notified the Contractor of the' reason for withholding certification as provided in Subparagraph 9,4.1, or because the Owner has not made payment on a Cemficate for Payment within ,4 if rel:~mted suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than IO0 percent of the total num- ber of days scheduled ~or comple~on, or 120 days in any 365-day period, whichever is less; or .5 the Owner has failed to ~mtsh to the Contractor evidence as required by Subparagraph 2,2.1 14.1.2 If one of the above reasons e.x~sts, the Contractor real,', and machinery, including reasonable overhead, profit and dzmages. 14.1.3 If the Work is stopped for a petiod of 60 days through Owner h~ persistently fa~led to fulfill the Owner's obligations as provided in Subparagraph l-t. 1.2. 14.2 TERMIRATION 8Y THE OWNER FOIl CAUSE .1 persistently or repeatedly reii~es or Pails to supply enough properly skilled workers or proper materials: .3 persistently disregards laws. ordinance, or mits. rog- 14.2.2 When any or' the above reasons e:usc the Owner. upon A201-1987 23 tiff: such action, mav without prejudice to anv other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety., if any, seven days' wdtten no.ce, termi- nate employment of the Contractor and may, sub{cc[ to any prior rights of the surem.: .1 r~ke posse~ion of the site and of all mateml$, equip- ment, tools, and construction equipment and machth- em, thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Pm- graph 5.4; and. .3 finish the Work by whatever tessonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2. I. the Contractor shall not be entitled to receive fi.Lr~er payment until the Work is Fmished. 14.2.4 If the unpaid ba~nce of the Contract Sum exceed5 costs of' f'mishing the Work, including compensation for the Archi- feet's se~,'ices :md expenses made necessary, thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid bMance, the Contractor shaft pay the dif.ference to the Owner. The amount to be prod to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of' the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 ?m adiusr, ment shall be made for increase'~ in the cost of perfotTnance of. the Contract. including profit on the increased cost of. performance, caused By suspension, delay or interrup- tion. No adiustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible: or .2. that an equitable adjustment is made or denied under a~other provision of this Contract. 14.3.3 Adiustments made in the cost of performance may have a mutually agreed fixed or percentage fee. 24 A201-1987 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 (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 (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. 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 , 19 __ Attest: Principal: PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD EAST MARION, NY NEW YORK STATE DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OEFICE BUILDING CAMPUS ALBANY, NY 12240 SCHEDULE 1998A Date 07/t5/99 T/O SOUTHOLD PRC 9906076 SUFFOLK COUNTY 01 Lbcatton and Type of Project PROdECT ID #: NONE BUILD STAIRS ON BLUFF AT NED OF ROCKY POINT ROAD, EAST MARION,NY SUFFOLK CO. dAMES MCMAHBN TOWN HALL P.O. BOX 1179 SOUTHOLD NY 11971 In response to your request, enclosed is the schedule of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let (PW-16) for your use. THE SCHEDULES MUST BE ANNEXED TO AND FORM A PART OF THE SPECIFICATIONS FOR THIS PROUECT WHEN IT IS ADVERTISED FOR BIOS. These schedules have Peen prepared and forwarded in accordance with Article 8 of the NYS Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and medhanlcs employed on puPllc work projects, and to file such schedules wtth the Departmen~ having jurisdiction. The attached rates are based on the latest ~nformation available to the Department of Labor, Bureau of Public WOrk, Care should be taken to review the This schedule i5 effective from duly 1, t998 through dune 30, 1999. A new Note: A 1997 AMENDMENT TO SECTION 220 OF THE LABOR LAW REQUIRES THE DEPT. OF dURISDICTION TO RECEIVE AND MAINTAIN MONTHLY TRANSCRIPTS OF PAYROLL RECORDS FOR OIRECTOR NOTICE TO CONTRACTING AGENCIES: Upon cancellation or completion of this project, enter the necessary information and return this page to Bureau of Public Work, Rm. 136, Bldg. 12, SOBC, Albany, NY 12240. PROdECT HAS BEEN COMPLETED/CANCELED: Signature Title For additional information, contact the following District Offices: Albany (518) 457-2744 Btnghamton (507) 721-8005 Buffalo (716) 847-7159 Hempstead (516) 485-4878 New York City (2t2) 352-6088 PW-200 (6-98) Syracuse (315) 428-4056 Rochester (716) 258-4505 Utica (915) 793-2314 Whtte Plains (914) 997-9507 CONTRACT REQUIREMENTS Each public work contract to which the State, a public benefit corporation, a municipal corporation or a commission appointed pursuant to law is a party and which may involve the employment of laborers, workers or mechanics, shall comply with the requirements of Article 8 (Sections 220-223) of the New York State Labor Law: rate of wages as indicated on the wage schedule provided by the Department, Bureau of Public Work. The prevailing frdm such collectiye bargaining agreements. (See Sections 220.3, 220.5) 3. It shall be the duty of the department of jurisdiction to file with the fiscal officer, the classification of workers mechanics and laborers to be employed on a public woPk project, together with a statement of the woPk to be performed by each classification. (See Section 220.3-a) laborers. (See Section 220.3-a) No employee shall be deemed to be an apprentice unless individually registered with the New York State Department of Labor. The allowable ratio of apprentices to journey- level workers in any craft classification shall not be greater than the ratio permitted to the contractor as to its work force on any job under the registered program. Any employee who is not registered as above, shall be paid aP provided the prevailing wage and supplement rate fop the journey level classification of work actually performed. apprentices on the contract work. (See Section g20.3-e) (al relates. (See Sectton 220-e(a)) (b) No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or disability, sex or national origtn. (See Section 220-e(b)) (c) provisions of the contract. (Section 220-e(c)) (d) 7. (a) (b) 220-e(d)) 220-e(d)) All subcontractoPs engaged by a public fmpPovement contractor or its subcontractor, upon receipt of the ortginal schedule and any subsequently issued schedules, shall provide to such contractor a verified statement attesting that the subcontractor has received the wage schedule and will pay oP provide the applicable rate of wages and supplements specified therein. (See Section 220-a) PW-3 (4-95). ATTENTION~ ALL CONTRACTORS AND SUBCONTRACTORS ENGAGED ON PUBLIC WORK PROUECTS IN NEW YORK STATE INTRODUCTION: Below are the major provisions o¢ the Labor Law covering workers on public work projects. 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 shall be not (i.e., the governmental entity awarding the public work contract), or to a from the Department of durfsdtction, who must make Written application to the Campus, Albany, New York 12240. transcripts of payroll records, showing for each person employed on public Supplements provided 7. Dally and weekly number of hours worked in each 220, of the NYS Labor Law. The DEPARTMENT OF dURISDICTIGN shall receive and POSTING: The current prevailing rate schedule must be posted in a prominent and accessible place on the stte of the public work project. APPRENTICES: Employees cannot be paid apprentice rates if they are not Individually registered under a program or agreement registered with the WITHHOLDING OF PAYMENTS: When a complaint is filed ~ith the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or provide INTEREST AND PENALTIES: If an underpayment of wages or supplements is found, willfully failed to pay or provide the prevailing rate of wages or supplements, CRIMINAL SANCTIONS: Wi.llful violations cf the Prevailing Wage Law (Article 8 DISCRIMINATION: No employee or applicant for employment may be discriminated against on account of age, race, creed, color, national origin, sex, disability or marital status, Every employer subject to the New York State Human Rights Law must conspicuously post at ~ts offices, places of employment or employment training centers, notices furnished by the State Division of Human Rights. POSTING OF OTHER NO~ICES: Every employer providing worker's compensation PW 19 (6-98) docm: letter2b NOTICE OF NEW PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES (*) AS NOTED ON PREVAILING RATE' SCHEDULES P~GES. for workers employed on public work projects throughout the state will be published on May 31st of each year. ' These new rates will be in effect duly 1st It is the responsibility of the contracting 8gency or its agents to Any rate chanqe from a previously issued determination becomes effective duly PW-202 (4-95) docm: letterd VERIFYING THE REGISTRATION APPRENTICES parties requesting verification of individual apprentice registrations. The following information is provided in order to clarify New York State All registered apprentices in New York State are individually registered by related data. This information is computerized and is available ONLY through the A)bany Apprentice Training Central Office. Persons wishing to verify the apprentice registration of any individual should write to the Senior Employment Consultant, New York State Department of Labor, dob Service and Training Division, Building 12, Room 223, State Office Building Campus, Albany, New York 12240. All inquiries MUST include name and social security number and will be answered in writing. The response will indicate whether or not the individual is The only conclusive proof of individual apprentice registration is written verification from the Albany Apprentice Training Central Office. Neither Federal nor State Apprentice Training Offices outside Albany can provide PW-203 (4-95) docm: letter2e NEW YORK STATE DEPT, OF LABOR Bureau of Public Work State Office Building Campus Albany, NY 12240 T/O SOUTHOLD Schedule Type COMPLETE 199eA Date o7/15/99 JAMES MCMAHON TOWN HALL P.O. BOX 1179 SOUTHOLD NY 11971 SUFFOLK COUNTY AGY. OF JURIS. : TOWN NAT. OF PROJECT: OTHER RECON,MAINT,REPAIR,ALT Prevailing Rate Case No. 9906076 O1 pROJECT ID #: NONE BUILD STAIRS ON BLUFF AT NED OF ROCKY POINT ROAD, EAST MAR[ON.NY Copies of the wage and supplement Schedule for the Public Work project identified above are enclosed herewith. Sec.220.3a of the Labor Law requires tllat 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 project. Photocopy as many blank forms as required to supply one for each contractor. Return this request to the address given above [] Pro ect CANCELLED, POSTPONED or assigned to agency's own employees. If reactivated, new rates and supp ements will be requested. [] CONTRACT AWARDED: (check one and indicate date of first legal instrument which bound agency to contract.) []Letter of Intent []Contract Signed []Resolution. Work to be done by this prime contractor: Type of Contract: CHECK APPLICABLE TYPE BI~I General Construction r-l(02 Heating/Ventilation [](03) Electrical Plumbing LJ (05 Other Contractor Information: ALL INFORMATION MUST BE SUPPLIED Federal Employer Identification Number: Name: Address: City: State: Zip: Amount of Contract Approximate Starting Date: / / Approximate Completion Date: / / Estimated Date Entire Project Will be Completed: / / CONTRACTS NOT YET AWARDED Type of Contract (Check all applicable contract types) I-l(o1) General Construction BI~IOtherHeating/Ventilati°n II (04) Plumbing Signature [] (03) Electrical Date VERIFYING THE REGISTRATION APPRENTICES The following information is provided in order to clarify New York State All registered apprentices in New York State ere individually registered Dy This information is computerized and is available ONLY through the Albany Apprentice Training Central Office. Persons wishing to verify the apprentice registration of any individual should write to the Senior Employment Consultant, New York State Department of Labor, dob Service and Training Division, Building 12, Room 223, State Office Building Campus. Albany, New York 12240. All inquiries MUST include name and social security number and will be answered in writing. The response will indicate whether or not the individual is registered, and if so, will provide other pertinent information regarding the registration. The only conclusive proof of individual apprentice registration is written verification from the Albany Apprentice Training Central Office. Neither Federal nor State Apprentice Training Offices outside Albany can provide It should be noted that the existence of a registered apprenticeship program is PW-203 (4-95) docm: letter2e NEW YORK STATE DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, NY 12240 SCHEDULE 1998A Date 07/15/99 T/O $OUTHOLD dAMES MCMAHON TOWN HALL P.O. BOX 1179 SOUTHOLD NY 11971 P~C 9906076 SUFFOLK COUNTY L~cation and Type of Project PROUECT ID #: NONE BUILD STAIRS ON BLUFF AT NED OF ROCKY POINT ROAD, EAST MARION,NY SUFFOLK CO. hourly wage rates and the prevailing hourly supplements For t~e above project, together wtth cortes of the Notice of Contract Let (PW-t6) for your use. THE SCHEDULES MUST BE ANNEXED TO AND FORM A PART OF THE SPECIFICATIONS FOR THIS PROdECT WHEN IT IS ADVERTISED FOR BIDS. These schedules have been prepared and schedules of supplements to be provided and wages to be paid to workers, laborers and medhanics employed on public work projects, and to File such schedules with the Departmen~ havfng jurisdiction. Note: A 1997 AMENDMENT TO SECTION 220 OF THE LABOR LAW REQUIRES THE DEPT. OF dURISDICTIDN TO RECEIVE AND MAINTAIN MONTHLY TRANSCRIPTS OF PAYROLL RECORDS FaR DIRECTOR NOT[CE TO CONTRACTING AGENCIES: 12, PROdECT HAS BEEN COMPLETED/CANCELED: Date Signature Title For additional information, contact the following District OFFices: Albany (B18) 457-2744 Binghamton (607) 721-8~5 Buffalo (716) 847-7t59 Hempstead (516) 485-4878 New York Ctty (212) 352-6088 PW-200 (6-98) Syracuse (315) 428-4056 Rochester (716) 258-4505 Utica (315) 793-23t4 White Plains (914) 997-9507 CONTRACT REQUIREMENTS Week except in the extraordinary emergencies set forth in by the Department, Bureau of Public Work. The ppevailing frdm such collectiye bargaining agreements. (See Sections 220.3, 220.5) S. It shall be the du~y of the department of jurisdiction to as well as of the appropriate ratios and wage and supplement apprentices on the contract work. (See Section 220,3-e) (a) No contractor, subcontractor, nor any person acting Palates. (See Section 220-e(a)) (b) No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or intimidate any employee on account of race, creed, color, disability, sex or national origtn. (See Section 220-e(b)) Note: The Human Eights Law also prohibits discrimination (c) provisions of the contract. (Section 220-e(c)) (d) 7. The contract may be cancelled or terminated by the State or municipality, and all moneys due or to become due thereunder may be forfeited, for a second or anysubsequent antfdiscPimination sections of the contnact. (See Section 220-e(d)) any subsequently tssued sch~edules. A failure to provide 220-e(d)) of wages and supplements specified therein. (See Section 220-a) PW-3 ATTENTION~ ALL CONTRACTORS AND SUBCONTRACTORS ENGAGED ON PUBLIC WORK PROdECTS IN NEW YORK STATE INTRODUCTION: Below are the major provisions of the Labor Law covering workers on public work projects. HOURS: A laborer, worker or mechanic is permitted to work on a public work project no mope than eight hours a day and no mope than five days in a week, life or property. You may apply to the Bureau of Public Work for a DISPENSATION permitting workers to work additional hours or days pep week on a particular public work project. WAGES AND SUPPLEMENTS: The wages and supplements to be paid and provided for Bureau of Public Work, Labor Department, Building No. 12, State Office Building Campus, Albany, New York 12240. The prime contractor is responsible for any underpayments of prevailing PAYROLL RECORDS: Every con~ractor and subcontractor must keep originals or Occupational classification in which worked, 5. Hourly wage Pate paid 6. Supplements provided 7. Dally and weekly number of hours worked in each 220, of the NY$ Labor Law. The DEPARTMENT OF dURISDICTIDN shall receive and WITHHOLDING OF PAYMENTS: When a complaint is filed ~ith the Commissioner of INTEREST AND PENALTIES: If an underpayment of wages or supplements is found, interest must be added at the rate then in ~ffect prescribed by the CRIMINAL SANCTIONS: Willful violations of the Prevailing Wage Law (Article 8 DISCRIMINATION: No employee or applicant for employment may be discriminated against on account of age, race, creed, color, national origin, sex, disability or marital status. Every employer subject to the New York State Human Rights Law must conspicuously post'at Its offices, places of employment or employment training centers, notices furnished by the State Division of Human Rights. POSTING OF OTHER NO~ICES: Every employer providing worker's compensation insurance and disability benefits must post in a conspicuous place nottces of PW 19 (6-98) docm: letter2b NOTICE OF NEW PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL O~UNTIES (*) AS NOTED ON PREVAILING RATE' SCHEDULES PAGES. The annual determination of the prevailing rates of wages and supplements for workers employed on puD]lc work projects throughout the state will be published on May 31st of each year.. These new rates will be in effect duly 1st thru dune 30th. This new determination will supersede the original schedule or Any rate cnan~e from a previously issued determination becomes effective duly 1st, regardless of whether the new detePmtnatton has been recetved by the PW-202 (4-95) doom: letterd VERIFYING THE REGISTRATION APPRENTICES Certain State and Federal Laws require that apprentices must be individually The New York Labor Department is the oFficial registration agency For apprentices in New York State. No other Federal or State Agency or office The following inFormation is provided in order to clariFy New York State registered apprentices in New York State are individually registered by This information is computerized and is available ONLY through the Albany Apprentice Training Central Office. Persons wishing to verify the apprentice registration of any individual should write to the Senior Employment Consultant, New York State Department of Labor, dob Service and Training Division, Building 12, Room 223, State Office Building Campus, Albany, New York 12240. All inquiries MUST include name and social security number and wi]l be answered in writing. The response will indicate whether or not the individual is registered, and if so, will,provide other pertinent information regarding the registration. It should be noted that the existence of a registered apprenticeship program is PW-203 (4-95) docm: letter2e Page 1 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 9906076 SUFFOLK 1998A INSTRUCTIONS PREVAILING RATE SCHEDULE INFORMATION The information listed below is provided to asstst you in the interpretation of particular requirements, for each classification of worker, contained in the attached Schedule of Prevailing Rates. PAID HOLIDAYS Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. 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 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 oases the payment or provision of supplements attention should be directed to the dates above the column(s) of rates, These required to pay the current prevailing rates of wages and supplements and, if the department of jurisdiction does not provide a copy of the current annual Page 2 Prevailing Rate Schedule New York State Department oF Labor .................................. Case Number .................................. 9906076 SUFFOLK 1998A holder. -If New York State coverage is added to an existing out of state policy, it can only be added to a policy of a company authorized to write listed under item 3A of the information page. for a11 employees working in New York State, additional information, please contact the BUREAU of PUBLIC WORK at (518) 457-5589 or write to the NEW YORK STATE DEPARTMENT of LABOR, BUREAU of PUBLIC WORK, BUILDING 12, STATE OFF,ICE BUILDING CAMPUS, ALBANY, NEW YORK 12240. (6/30/98) OVERTIME Following is an explanation of the code(s) listed in the OVERTIME section of each classification contained in the attached schedule. Additional requirements may also be listed in the OVERTIME section, A ) Tine and one half of the hourly rate after ? hours per day. AA) Time and one half of the hourly rate after ? and one half hours per day. B ) Tine and one half of the hourly rate after 8 hours per day. B1) Tine and one half of the hourly rate for the 9th & lOth hours week days and the 1st 8 hours on Saturday. Double the hourly rate fop additional hours. C ) Double the hourly rate after 7 hours per day. C1) Double the hourly Pate after ? and one half hours pep day. D ) Double the hourly rate after 8 hours per day. D1) Double the hourly rate after 9 hours per day. E ) Time and one half of the hourly rate on Saturday. El) Tine and one half 1st 4 hours on Saturday. Double the hourly rate all additional Saturday hours. E2) Saturday may De used as a make-up day at straight time when a day is lost durin~ that week due to inclement weather. E3) Between November 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost during that weekdue to inclement weather, provided a given employee has worked between 16 and 32 hours that week. E4) Saturday and Sunday may be used as a make-up day at straight time when a day is lost durin~ that week due to inclement weather. F Tine and one half of the hourly rate on Saturday and Sunday. Time and one half Time and one half Time and one halF Time and one halF Tine and one half Double the hourly Double the hourly Double the hourly Double the hourly Double the hourly Double the hourly Double the hourly of the hourly rate on Saturday and Holidays. of the hourly Pate on Saturday, Sunday, and Holidays. of the hourly rate on Sunday. of the hourly rate on Sunday and Holidays. of the hourly rate on Holidays. Page 3 Prevailing Rate Schedule New York State ! Department of Labor .................................. Case Number .................................. 9906076 SUFFOLK 1998A S ) Two and one half times the hourly rate for Holidays, if worked. HOLIDAYS PAZD 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 Gna day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing Pate fop the work actually performed. OVERTIME Overtime holiday pay is the premium pay that is required for work )ePformed on specified holidays. It is only required where the employee actually performs work on such holidays. The applicable holidays are listed under HOLIDAY$~ OVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification. Following is an explanation of the code(s) listed in the HOLIDAY section of each classification contained in the attached schedule. The Holidays as listed below are to be paid at the wage rates at which the employee is normally 6 7 8 9 12 2O 22 23 24 25 26 None. Labor Day. Memorial Day and Labor Day. Memorial Day and duly 4th. Memorial Day, duly 4th, and Labor Day. New Year's Day, Thanksgiving Day, and Christmas Day. Lincoln's Birthday, Washington's Birthday, and Veterans Day. Good Friday. Lincoln's Birthday. Washington's Birthday. Columbus Day. Election Day, Presidential Election Day, 1/2 Day on Presidential Election Day. Veterans Day. Day after Thanksgiving Day. duly 4th. 1/2 Day before Christmas Day. 1/2 Day before New Years Day. Thanksgiving Day. New Year's Day. Christmas Day. Day before Christmas, Day before New Year's Day. Presidents' Day. Martin Luther King, dr. Day. .................................. Case Number .................................. 9906076 SUFFOLK 1998A ASBESTOS WORKER WAGES(per hour) 7/01/98- 12/31/98 Asbestos Worker ....... $ 33.65 1/01/99- 6/30/99 1.30 Addit. Per Hr. OVERTIME: See ( C, O, T*, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( S, 6, 7, 11, 16 ) on HOLIDAY PAGE. For Rem./Abatement: See ( I ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the Following percentage of dourneyman's 40% 50% 70% 80% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 16.30 Apprentices Same % as $ 16.30 WAGES (per hour) 12/01/g7- 6/01/99- 5/31/99 5/31/00 Rem./Abatement only* .... $ 20.00 22.00 OVERTIME: Rem./Abateme~t: Time and One-Half after B hours per day and Rem & Abatement $ 4.00 4.00 9-12 BOILERMAKER WAGER(per hour) 9/01/97- 9/01/96 8/31/98 8/9t/99 Boilermaker ( 7-hour day ) ............. $ 32.15 $ 33.05 Boilermaker ( 8-hour day ) ............. 34.10 35.00 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, 24 ) on HOLIDAY PAGE. Page 5 Prevailing Rate Schedule New York State , Department of Labor .................................. Case NumDeP .................................. 9906076 SUFFOLK 199SA OVERTIME: See ( 4, 6, 11, 12, 15, 25 ) on HOLIDAY PAGE. LABOR DAY, if worked, at quadruple rate. APPRENTICES: ( 1/2 ) year terms et the fo]]owing percentage of journeyman's wage. 1st 2nd 3rd 4th 60% 65% 70% 75% SUPPLEMENTAL BENEFITS: 5t~ 6th ?th 8th 80% 85% 90% 95% (pe¢ hour ~oPked) $ 3.96 plu~ 47% of wage · rate 4-5 CARPENTER WAGES(per hour) 7/01/98- 12/31/98 Building: Millwright ........... $ 30.26 OVERTIME PAY: See ( B, E, E2, O ) 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. Apprentices OVERTIME: See ( 5, 6, 11, 13, 16, lB, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the fo]lowing percentage of dourneyman's wage. 1st. 2nd. 3rd. 4th. 55% 65% 75% 95% SUPPLEMENTAL BENEFITS:(per hour paid) dourneyman $ 22.84 Appr 1st term 15.49 Appr 2nd term 16.85 Appr 3rd term 18.85 Appr 4th term 20.88 9-740 CARPENTER WAGES(per hour) 7/01/98- 12/31/98 Carpet/Resilient Floor Coverer ......... 30.06 OVERTIME PAY: See ( B, E, O ) on OVERTIME PAGE. Page 6 Prevailing Rate Schedule .................................. Case Number .................................. 9906076 SUFFOLK 1998A HOLIDAYS: PAID: See ( i8, t9 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 13, 16, qB, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following percentage of dourneyman's wage. 15t. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS:(peP hour worked) - See Below. 9-2287 CARPENTER WAGES(per hour) ?/01/98- 7/01/99- 6/30/99 6/30/00 Piledriver ........... $ 29.15 3.00 Dockbuilder .......... , 29.16 Addit. Per Hr. OVERTIME PAY: See ( B, E2, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yn. Apprentices OVERTIME: See ( 5, 6, 11. 13, t6, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 4O% 5O% 65% 8O% SUPPLEMENTAL BENEFITS: (per hour paid) - See Below, 9-1456 CARPENTER WAGE,(per hour) 7/01/98- 6/30/99 OVERTIME PAY: See ( B, E, E2, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 10, 11, 13, 16, 18, 19 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 10, 11, 13, 16, 18, 19 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour paid) - See Below. 9-1456/D CARPENTER WAGES(pep hour) 7/01/98- 7/01/99- 6/90/99 6/30/00 Timberman ......... $ 26.60 2.85 Addit. Per Hr. Page 7 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 9906076 SUFFOLK 1998A OVERTIME: See ( B, 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. Apprentices OVERTIME: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HDLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of dourneyman's . wage. 1st. 2nd. 9rd. 4th. 4o% 50% 65% 80% SUPPLEMENTAL BENEFITS:(per hour paid) - See Below. 9-1536H CARPENTER The following Supplemental ~enefits apply to the preceding Carpenter categories and/or Occupational titles unless otherwise noted. 7/01/98- 12/31/98 SUPPLEMENTAL BENEFITS:(peP hour paid) dourneyman $ 20.90 Apprentices 14.85 9-NYC/Supp CARPENTER WAGES (per hour) 7/01/97- 7/01/98- 6/30/98 6/30/99 Building: Carpenter ............... $ 29.41 Heavy/Highway: Carpenter ............... $ 29.84 $ 1.45 additional OVERTIME PAY: See ( A, E, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10, 16 ) on HOLIDAY PAGE. APPRENTICES : ( I ) year terms at the following wages. Heavy/Highway Building 1st yr $ 12.66 $ 12.49 2nd yr 16.95 16.72 3rd yr 19.81 19.54 4th yr 24.11 23.77 SUPPLEMENTAL BENEFITS:(peP hour worked) Page 8 Prevailing Rate Schedule .................................. Case Number ................................. 9906076 SUFFOLK 1998A dourneyman $ 18.57 Appr tst & 2nd terms i2.66 Appr 3rd & 4th terms 18.57 4-SUF ELEVATOR WAGES (per hour) ?/Ol/98- 6/30/99 Elevator Constructor ..... $ 35.75 29.91 Elevator Helper: ( 6 ) month terms at the following percentage of dourneyman's wage. 5O% 55% 6O% 65% 7O% 75% 9-1 GLAZIER WAGES(per hour) 6/01/98- 6/01/99- 5/31/99 5/31/00 Glazier .............. $ 31,16 Per Hr. OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16. 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the folowing percentage of dourneyman'$ wage. 35% 45% 60% 8o% Page 9 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 9906076 SUFFOLK 1998A SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman · $ 16.42 Appr 1st term 10.42 Appr 2nd term 11,48 Appr 3rd term 13.01 Appr 4th term 15.04 9-1087 (DC9 NYC) ELECTRICIAN WAGES (per ~our) 6/0i/98- 4/30/99 Electrician ............ $ 33.25 Fire A]arm ............. 33.25 Audio/Sound ........... 33.25 OVERTIME PAY: See B, Q, V** ) on Overtime Page. HOLIDAYS: PAID: See ( 1 OVERTIME: See APPRENTICES: ( 1 wage. 1st 2nd 3rd 30% 35% 40% on HOLIDAY PAGE. 5, 6, 16, 25 ) on HOLIDAY PAGE. 4th 5th 6th 5O% 60% 70% SUPPLEMENTAL BENEFITS: (percents based on gross wages-others per hour) 6/01/g8- 4/30/99 dourneyman 43.5% + App 1st yr 33% + App 2nd yr 43.5% + App 3rd yr 43,5% + App 4th yr 43.5% + App 5th yr 43.5% + App 6th yr 43.5% + PUMP & TANK WORK 6/01/98- 5/31/99 Page 10 Prevailing Rate Schedule New York State Department of LaDor ................................. Case NumDer .................................. 9906076 SUFFOLK 1998A dourneyman ........... $ 28.65 OVERTIME; See ( 6, E, Q ) on OVERTIME PAGE. HOLIDAYS: Paid ( I ) OvePtime ( 5, 6, 9, 16, 25 ) on HOLIDAYS PAGE. 40% 50% 60% 70% 80% 50 1/2% 4-25 ELECTRICIAN WAGES (per hour) 10/05/97- 10/03/98 Lineman / Splicer ....................... $ 29.16 * OVERTIME PAY: See ( B, Q ) on OVERTIME PAGE. Page 11 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 9906076 SUFFOLK 1998A HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 9. 10, 11, 16 ) on HOLIDAY PAGE. * APPRENTICES: 1000 hour periods at the following percentage of jounneyman,s wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 60% 65% 70% 75% 80% 85% 90% SUPPLEMENTAL BENEFITS: (percents based on gross wages-others per hour) 10/05/97- 10/03/98 23 % + $ 3.37 4-1049 line ELECTRICIAN Applicable to electrical maintenance of existing electrical systems including, but not limited to, traffic signals and street lighting. WAGES (pen hour) 5/01/98- 4/30/99 Electrician $ 26.45 OVERTIME PAY: See ( 6, H, ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following wage. 1st 2nd 3rd 4th 5th 40% 50% 60% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) 32 1/2% of wage plus $2.18 TRIMMER - Line Clearance Specialist WAGES (per hour) 7/01/98- 12/31/98 $ 19.91 OVERTIME: See ( B, E, P, T ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 8, 9, 10, 1t, 16, i8, i9 ) on HOLIDAY PAGE.( Must work day before and day after. OVERTIME: See ( 5, 6, 8, 9, 10, 11, 16, t8, 19 ) on OVERTIME PAGE. 4-25m TREE Page 12 Prevailing Rate Schedule New York State Department of Labor .................................. Case NumDer ................................. 99O6076 SUFFOLK 1998A SUPPLEMENTAL BENEFITS: (per hour worked) $3.12+ 12 1/2 % 4-1049 IRONWORKER WAGES(per hour) l/Oi/gB- ?/01/98- i/01/99- 6/30/98 12/31/98 6/30/99 Structural ........... $ 35.95 Riggers .............. 35.95 Machinery Movers ..... 35.95 Erectors... 35.95 .90 .85 Addit. Addit. OVERTIME PAY: See ( B, E*, O,, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 18, 19 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the Eollowing wage. 1st. 2nd. 3rd. 4th. 5th. 6th. $ 19.6S 20.25 20.25 20.85 20.85 SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 22,33 Apprentices 17.88 20,85 9-40/361 IRONWORKER WAGES(per hour) 7/01/98- 6/30/99 Reinforcing & Metal Lathing .......... $ 31.45 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10. 11. 13, 18, 19 ) on HOLIDAY PAGE. APPRENTICES:( I ) year terms at the following wage rates. ist 2nd 3rd 4th $16.00 $1B.88 $21.86 $24.82 SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ t7.48 Appr 1st term 10.68 2nd term 11.68 3rd term 13.68 4th term 16.68 Page 13 Prevailing Rate Schedule .................................. Case Number .................................. 9906076 SUFFOLK 1998A 9-46 IRONWORKER WAGES(per hour) 01/01/98- 07/01/98- 01/01/99 6/30/98 12/31/98 6/30/99 Ornamental ............. $ 32.65 .95 1.00 Chain Link Fence ....... 32.65 Addit. Addit. Guiderail Installation. 32.65 Per Hr. Per Hr. * APPRENTICES Use this rate for % .... 27.80 OVERTIME PAY: See ( A, DI, E*, Q, V ) on OVERTIME PAGE. *Double time after 7 hours on Saturday. HOL[DAYS: PAID: See ( I ) on HOLIDAY PAGE. DVERTIME: See ( 5, 8, 8 ) on HOLIDAY PAGE. APPRENTICE (1/2) year terms at the following percentage of dourheyman's 'wage. 1st. 2nd. 3rd. 4th. 5th. 6th, 60% 65% 70% 80% 85% 95% SUPPLEMENTAL BENEFITS:(per hour worked) gourneyman $ 17.70 Appr I$t term 18.63 Appr 2nd term 19.12 Appr 9rd term 19.61 Appr 4th term 20.59 Appr 8th term 21.08 Appr 6th term 22.06 9-580 LABORER WAGES (per hour) 01/01/97- 07/01/97- 07/01/98- 01/01/99- 06/30/97 06/30/98 12/30/98 06/30/99 $21.28 $0.71 add $0.54 add $0.54 add E2 ) on OVERTIME PAGE. PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10 ) on HDLIDAY PAGE. SUPPLEMENTAL BENEFITS: (pep hour worked) $ 19.98 $ 13.98 06/01/96- $ 13.98 $ 13.98 12/01/97- 06/01/99- Page 14 Prevailing Rate Schedule ................................. Case Number .................................. 9906076 SUFFOLK lgnBA 11/30/97 05/31/99 Abatement Only: ................ $ 18.00 $ 20.00 Supplemental Benefits ( per hour worked ) ............ $ 4.00 $ 4.00 05/31/2000 $ 22.00 $ 4.00 4-66 LABORER - HEAVY/HIGHWAY Laborer (Heavy/Highway): Group # 1: Asphalt Rakers and Formsetters. Group # 2: Asphalt Shovelers, Roller Boys and Tampers. WAGES (per hour) B/Ol/nB- 6/31/99 Heavy/Highway Laborer: Group # i .............. $ 25.10 Group # 2 ............. 24.52 Group # B ............. 22.62 NOTE: PREMIUM PAY 20% on straight time hours for NEW YORK STATE D.O.T and other GOVERNMENTAL MANDATED off-shift work. OVERTIME PAY: See ( B, H, E2 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 16, 25, 26 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16, 25, 26 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 12.22' 4.20 after 40 regular hours 4-1298 WAGES(pep hour) 7/01/98- 1/01/99- 12/31/98 6/30/99 Building: Marble/ Sawyer, RuDDer & Polisher ............ $ 29.49 Marble/ Cleaner ....... 14.62 Maintenance... 14.B2 29.63 14.62 14.62 OVERTIME PAY: See ( A, E, Q, V ) on OVERTIME PAGE. PAID HOLIDAY: dourneymen receive 1/2 days pay for LaDor Day. Cleaner, Maintenance and IST three terms of Apprentices See ( 5, 6, ii, 15 ) on HOLIDAY PAGE. All others Bee ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 11. 15 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of dourneyman's wage. 1st 2nd 3rd 4th Bth 6th 7th 8th 50% 55% 60% 65% 70% 80% 90% 95% Page 15 Prevailing Rate Schedule New York State , Department of Labor .................................. Case Number .................................. 9906076 SUFFOLK 1998A SUPPLEMENTAL BENEFITS:(per hour worked) Cleaner/Maintenance Appr $ 12.58' 2.40 5.80 + wage percentage of $ 6.09 9-7/24 MASON - Building WAGES(per hour) 7/01/98- 12/31/98 Building: Bricklayer .......... $ 31.4~ 1/01/99- 6/30/00 .60 Addit. Per Hr. OVERTIME PAY: See ( A, E, E~, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hour ) terms at the fo)lowing percentsge of dourneyman's wage. _ 1st 2nd 3rd 4th 5TH (500 Hfs) 6TH (500 Hfs) 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEF[TS:(per hour worked) dourneyman $ 15.21 AppP 8.03 9-18rk MASON-Building Unit Pavinq Work* * Shall include but not limited to: fired clay brick pavers, pre-cast con- crete slabs (london walks), pressed concrete pavers, cobble stone, al] types of flagging, asphalt concrete pavers- asphaltic cement sand and WAGES(per hour) 7/0t/98- 12/31/98 dourneyman .............. $ 23.72 Apprentice ( one year term ) .... 19.78 OVERTIME PAY: See ( 8, E, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERT[ME: See ( 5, 6, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(peP hour worked) dourneyman $ 10,41 Appr 5.98 9-1 Paver PLASTERERS - SKIMCOATING Page 16 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number ................................. 99O6O76 SUFFOLK 1998A WAGES(peP hour) 2/04/98- 2/03/99- 2/02/99 2/01/00 dourneyman ........... $ 25.56 26.31 OVERTIME PAY: See ( C, E2, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 6. 10, 11. 13. 18 , 19 . 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3nd 4th 5th 6th 40% 45% 55% 60% 70% 75% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 12,00 12.65 Appr Same percentage 9-530 MASON - Pointed/Caulker/Cleaner WAGES(per hour) 7/01/98- 6/30/99 Caulker (Mason) ..... $ 27.16 OVERTIME PAY: See ( 6, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 OVERTIME: See APPRENTICES: ( 1 1st 2nd $12.25 16.25 on HOLIDAY PAGE, 5, 6. 25, 26 ) on HOLIDAY PAGE. 19.75 23.00 SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 11.75 Appr 1st term 2.50 Appr 2nd term 2.75 Appn 3rd term 4.50 AppP 4th term 6.50 9-1PCC MASON WAGES(per hour) 7/01/97- 7/01/98- 6/30/98 6/30/99 Page 1T Prevailing Rate Schedule New York State Department of Labor .................................. Case Number 9906076 SUFFOLK 1998A Cement Mason ......... $ 32.00 1.54 Addit. Per Hr. OVERTIME PAY: See ( C, D, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 13, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of dourneyman's wage. 1st 2nd 3rd 4th 5th 6th 5O% 60% 70% 8O% 9O% 95% SUPPLEMENTAL BENEFITS:(per hour worked) $ i~,85 9-780 MASON - Building WAGES(per hour) 7/01/98- 12/31/98 Building: Plasterer ............ $ 29.27 OVERTIME PAY: See ( A. G, P, v ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( i ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 40% 60% 80% SUPPLEMENTAL BENEFITS:(per hour worked) i dourneyman $ 12.25 Appr 1st three months 0.00 All other Appr 12.25 9-202P WAGES (per hour) 7/01/98- 1/01/99- 12/31/98 6/30/99 Building: Mosaic & Terrazzo Worker...$ 31.38 31.38 Helper...$ 30.07 30.07 OVERTIME PAY: See ( A, E, Q, V* ) on OVERTIME PAGE. * $ 5.45 added to supplements. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. .................................. Case Number ................................ 9906076 SUFFOLK 1998A OVERTIME: See ( 5, 6, 8, 11, 15, 16, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) 9-7/3 MASON - Building WAGES(per hour) 5/01/98- lO/31/98 Building: Tile Layer ........... $ 29.41 11/01/98- 5/01/99- 4/30/99 10/31/99 29.76 30.26 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hr)terms at the following percentage of journeyman's wage. 15t 2n~ 3rd 4th Bth 6th 50% 55% 65% 75% 85% 95% SUPPLEMENTAL BENEFITS:(per hour workeO) $ 13.37 13.82 14.32 9-7/52 MASON - Buildtnq WAGES(per hour) 6/01/98- 6/01/99 5/31/99 11/30/99 Building: Tile Layer Helper & Finisher ....... $ 25.19 25.74 OVERTIME PAY: See ( A. 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6. 8, 10, 11, 15, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) $ 10.93 $11.08 9-7/88 IRONWORKER WAGES(per hour) 6/0t/98- 6/30/98 Oerrickman/Rigger .... $ 30.59 ?/01/98- 12/31/98 .79 Addit. Per Hr. 1/01/99- 6/30/99 .80 Addit. Per Hr. Page 19 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 9906076 SUFFOLK 1996A OVERTIME PAY: See ( C, O, V ) on OVERTIME PA~E. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 50% 60% 70% 80% 90% 90% SUPPLEMENTAL BENEFITS:(peP hour worked) $ 22.64 9-197 MASON - Buildin~ WAGES(per hour) 7/01/97- 12/31/98 Building: Marble Cutters & Setters ............. $ 32.08 1/01/99- 6/30/99 32.88 OVERTIME PAY: See ( B, O, V ) on OVERTIME PAGE attached. PAID HOLIDAY: dourneymen receive 1/2 days pay for Labor Day. Apprentices 1St three terms See ( 5. 6, 8, 11, 15 ) on HOLIDAY PAGE, Plus any day following a Thursday or Sunday Holiday. AIl others See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 15, ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the fo]lowing percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 50% 55% 65% 70% 80% 95% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 15.65 Appr 5.90 + wage percentage of $ 9.75 9-7/4 MASON-Buildinq WAGES(per hour) 7/01/98- 1/01/99- 12/31/98 6/30/99 Marble-Riggers, Crane & Derrickman..,$ 26.22 26.97 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. PAID HOLIDAY: 1/2 Day for Labor Day. OVERTIME: See 5, 6, 8, 11, 15. 25 ) on OVERTIME PAGE. Page 20 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 9906076 SUFFOLK i99BA SUPPLEMENTAL BENEFITS:(per hour worked) $ 16.97 16.92 9-7/20 PAINTER AND DRYWALL FINISHER WAGES (per hour) 6/01/98- 5/31/00 Brush, Paper Hanger,Taper $ 26.05 Structural Steel ......... 33.63 Spray, Scaffold,Sandblast 28.47 Repaint/Renovation ....... 20.89* *Additional $2.00 per hr. for Hanging Scaffold. Spray, Sandblasting, and OVERTIME PAY: See ( A, K ) on OVERTIME PAGE. OVERTIME PAY-Repaint/Renovation: See ( B ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following rates. Brush $ 10.73 16.01 19.11 ScaFf./SB 11.84 17.62 21.09 SUPPLEMENTAL BENEFITS: (per hour worked) Rpt/Ren. dourneyman $ 13.67 All other dourneyman 13.67 Appr 1st year 4.76 PLUMBER WAGES (per hour) 11/01/96- 4/30/97 Plumber ............ $ 32.50 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAY: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, t5, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentages of douPneyman's wage. 1st 2nd 3rd 4th 5th 40% 50% 65% 70% 75% Page 21 Prevailing Rate Schedule .................................. Case Number .................................. 9906O76 SUFFOLK 1996A SUPPLEMENTAL BENEFITS: (per hour worked*) dourneyman $ 14.53 Appr 1st term 8.74 Appr 2nd term 10.23 Appr 3rd term 10.23 Appr 4th term 10.84 Appr 5th term 11.17 *Sunday and Holiday Benefits paid at Double Time rate. PUMP & TANK WORK 6/01/98- 6/01/98- 5/31/99 5/31/99 dourneyman ................. $ 28.00 $ 28.50 Overtime: ( B, E, Q ) on Overtime Page. Holidays: Paid ( I ) Overtime ( 5, 6, g, 10, 16 ) on Holiday Page. 4O% 50% 6O% 70% dourneyman ................. $ 14.71 App. 1st yr ................... 6.06 App. 2nd yr ................... 7.37 App. 3rd yr ................... 8.88 App. 4th yr .................. 10.29 4-200 STEAMFITTER WAGES(per hour) 7/01/98- 12/30/98- 12/29/98 6/80/99 Steam Fitter .......... $ 34.05 1.25 Sprinkler Fitter ...... 34.05 Addit. per hr For Work On Temporary Heat & Air Conditioning ....... $ 25.88 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following percentage of dourneyman's wage. 1st. 2nd. 3rd. 4th. 5th. 40% 50% 65% 80% 85% SUPPLEMENTAL BENEFITS:(per hour paid) dourneyman $ 17.50 Page 22 Prevailing Rate Schedule New York State Oepartment of Labor .................................. Case Number 9906076 SUFFOLK 19984 + .34 per hou~ worked 9-638A STEAMFITTER WAGES(per hour) 7/01/98- 6/30/99 Steamfitter ......... $ 22,30 Refrigeration, A/C, Oil Burner and Stoker Service and Installations. Limited on Refrigeration to combined cQmpressors up to five (5) horsepower and on A/C, Heating and Aim Cooling to combined compressorm up to ten (10) horsepower. OVERTIME PAY:See ( B, E. g*, Sm* ) on OVERTIME PAGE. HOLIDAYS: PAID: 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 terms at the Following wage. 1st 6 mo 2nd 6 mo 2nd yr 3rd yr 4th yr $6.72 10.83 13.04 15.19 18.31 SUPPLEMENTAL BENEFITS:(Der hour worked) dourneyman $ 5.56 Appr 1st term 5.35 Appr 2nd term 5.14 Appr 3rd term 4.98 Appr 4th term 4,85 9-638B ROOFER WAGES (per hour) 10/01/97- 9/30/98 Roofer/Waterproofer ..................... $ 25.14 OVERTIME PAY-New Roof: See ( A, E, g ) on OVERTIME PAGE. OVERTIME PAY-Retool: See ( B, E, 0 ) on 0VERTIME PAGE. HOLIDAYS: PAID: See ( 1 OVERTIME: See APPRENTICES: ( 1 1O/Ol/98 9/3o/99 $ 1.35 addl. on HOLIDAY PAGE. 5, 6, 10, 13, 16 ) on HOLIDAY PAGE. 4th 8O% 1st 2nd 3rd 40% 50% 70% Page 23 Prevailing Rate Schedule .................................. Case Number .................................. 9906076 SUFFOLK 1998A SUPPLEMENTAL BENEFITS: (per hour worked) dourneyman $ 16.50 Apprentices 1st 2.00 2nd 3.75 3rd 8.96 4th 13.12 4-154 SHEETMETAL WORKER WAGES (per hour) 01/29/98- 08/01/98- 02/01/99- 07/31/98 01/31/99 07/31/99 Sheetmetal Worker .... $ 80.88 $ 0.75 addl For Temporary Operation 80% of Sheetmetal Worker Rate. OVERTIME PAY: See ( C, E2, 0 ) on OVERTIME PAGE. (. D, E2, O, for FAN MAINT.) HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: 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 8th 7th 8th 30% 35% 40% 45% 50% 55% 60% 70% SUPPLEMENTAL BENEFITS: (per hour worked) dourneyman $ 19.17 (Straight Time) Appr 1st term Appr 2nd term Appr 3rd term Appr 4th term Appr 5th term Appr 6th term Appr ?th term Appr 8th term 25.47 (Overtime) 30% of journeyman benefits 35% 4O% 45% 5O% 55% 60% 7O% 4-28 WELDER Welder To be paid the rate of the mechanic performing t~e work. TEAMSTER-Buildin~ Truck Driver (Building and Heavy/Highway): GROUP 1: Chauffeur and Excavation. GROUP 2: Euclid and Turnapull type trucks. WAGES (per hour) ?/01/98- 6/30/99 Truck Driver (Building and Heavy/Highway): Group 1 ................. $ 27.205 .................................. Case Number .................................. 9906076 SUFFOLK 1998A Group 2 ................. 23.795 Drivers of three-axle tractors & trailers, $4.00 per day additional. Drivers of heavy equipment & tagalong trailers, $10.00 per day additional. Drivers of boom trucks, $8.(]0 per day additional. OVERTIME PAY: See ( B, E, R ) on OVERTIME PAGE. HOLIDAY; PAID: See ( 5, 6, 16, 25 )* on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16, 25 )* on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) STRAIGHT TIME ............ $ 10.4525 OVERTIME ................. 9.5?9 4-282nsh TEAMSTER-Demolition/Debris, Asbestos/Toxic Waste WAGES (per hour) ?/01/98- 6/30/99 Stright dobs ........... $ 20.35 Trailers ............... 20.65 OVERTIME PAY: See ( B, L, S, 51,) on OVERTIME PAGE. HOLIDAYS: PAID:(*)See ( 5, 6, 7, 8, 11, 12, 26 ) on Holiday Page. (*) Must work two days in Holiday week SUPPLEMENTAL BENEFITS: (per hour worked) Stright time $ 12.75 Additional For Overtime 3.74 4-282.Demo SIGN ERECTOR WAGES (per hour) 1/01/98- 6/30/98 Sign Erector ......... $ 24.65 Plastic Mechanic ..... 19.72 OVERTIME PAY: See ( A, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10. 11, 12, 15 ) on HOLIgAY PAGE. APPRENTICES: (1) year terms at the following percentage of dourneyman's wage. 1st 2nd 3rd 4th 5th 35% 45% 55% 65% 75% Page 25 Prevailing Rate Schedule New York State , Department of Labor .................................. Case Number .................................. 9906076 SUFFOLK 1998A SUPPLEMENTAL BENEFITS: Appr 1st yr Appr 2nd yr Appr 3rd yr Appr 4th yr Appr 5th yr $ 4.62 per hour paid + 20 % of wage $ 27.00 per day paid $ 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 + $ 115.(30 per month $ 2.44 per hour paid + 2% of gross wage + $ 0.20 per hour worked + $ 115.00 pe~ month $ 2.922 per hour paid + 18% of gross wage + $ 2.00 per day paid + $ 0.20 per hour worked $ 3.404 per hour paid + 20% of gross wage + $ 4.00 per day paid + $ 0.20 per hour worked $ 3.468 per hour paid plus 20% of gross wage plus $ 6.00 per day paid plus $ 0.20 per hour worked 9-137 PAINTER - Striping Hiqhwav WAGES(per hour) Painter (Striping-Highway): 4/01/98- 4/01/99- 3/31/99 3/31/00 Striping-Machine Operator ....... $ 20.57 Helper .................... 15.94 Linerman ....................... 23.0g 21.57 15.79 24.09 OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 2, 8, 1t, 12, 15, 16, 17, 20 )ON HOLIDAY PAGE. OVERTIME: See ( 2, 8, 11, 12. 15, 16, 17, 20, 21, 22 ) ON HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour paid) 22% of wage + $ .50 9-Ba/28a Page 26 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number ................................ 9906076 SUFFOLK 1998A (230) SURVEY CREW - Building WAGES:(per hour) 7/01/98- 6/90/99 Survey Rates-Building: Party Chief ......... $ 30.01 Instrument Man ...... 25.60 Rodman ............... 17.48 OVERTIME PAY: See ( A, E*, Q, V ) ON OVERTIME PAGE: *Doubletime paid on the 8th hour on Saturday. HOLIDAYS: PAID: See ( 5. G. 8, 11. 15,16,25 )on HDL[DAY PAGE. OVERTIME: See ( S, 6, 8, ,11. 16. 25 )on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage pates. 1st term $ 9.97 2nd term 14.14 SUPPLEMENTAL BENEFITS: (per hour paid) dourneyman $ 15.15 Apprentice 8,65 9*1500 SURVEY CREW - Heavy/Highway WAGES: (pep hour) 7/01/98- 6/30/99 Survey Rates-Heavy/Highway: Party Chief ............. $ 29.14 Instrument Man .......... 23.41 Rodman .................. 20.63 OVERTIME: See ( B. E*. Q. V ) ON OVERTIME PAGE. *Doubletime paid on the 9th hour on Saturday. HOLIDAYS: PAID: See ( 5, 6, 7, 11, 12 ) on HDLIDAY PAGE. OVERTIME: See ( 5. 6, ?, 11. 12 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates. 1st term $ 9.97 2nd term 14.t4 SUPPLEMENTAL BENEFITS (per hour paid) dourneymen $ 15,15 Apprentice 8.65 9-15D-N/S co. SURVEY CREW - Consulting Engineer Page 27 Prevailing Rate Schedule New York State Department of Labor .................................. Case NumDer .................................. 9906076 SUFFOLK 1998A CONSULTING ENGINEER SURVEY Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a Consulting WAGES:(per hour) 7/01/98- 7/01/99- 6/30/99 6/30/00 Party Chief ......... $ 23.40 Addtt, Instrument Man ...... 20.07 .56 Rodman .............. 17.32 Per Hr. OVERTIME PAY: See ( B, E*, Q, V ) ON OVERTIME PAGE. *Doubletime paid on the 9th hour on Saturday. HOLIDAYS: PAZD: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, ,11, 16 ) on HOLIDAY PAGE. APPRENTICES: .( I ) year terms at the following wage rates. 1st term $ 9.87 2nd term 14.04 SUPPLEMENTAL BENEFITS: (per hour paid) dourneyman $ 9.55 Apprentice 6.75 9-15dconsult CORE DRILLING WAGES(per hour) 10/17/97- 10/17/98- 10/16/98 10/16/99 Core Drilling: Driller .............. $ 22.23 addit. Helper ................ 18.72 $1.O0/~r. Note: Hazardous Waste Pay Differential: For Level C. an additional $ 0.2B per hour For Level B, an additional .75 per hour For Level A, an additional 1.00 per hour Note: When required to work on water: an additional $ 0.25 per hour. OVERTIME PAY: See ( B, E. K*, P. R** ) on OVERTIME PAGE. H0LIDAYS: PAID: See ( 5, 6 ) on HOLIDAY PAGE. OVERTIME: * See ( 5, 6 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per ~our worked) $ 7.69 Page 28 .................................. Case Number ................................. 9906076 SUFFOLK t99BA POWER EQUIPMENT OPERATOR - HeavHt hwe WAGES (per hour) 8/0i/97~ ?/91/98 9-1536 Well Driller: Well Driller: .......... $ 23.61 Well Driller Helper:... 21.07 OVERTIME PAY: See ( B, E, G, P ) on OVERTIME PAGE, HOLIDAYS: PAID: See ( 5, 6, 10, 12, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10, 12, 16 ) on OVERTIME PAGE. Apprentices: ( 1 ) year terms at the following rates; lst.yr ............... $ 11.00 2nd.yr ............... 12.50 3rd.yr ............... 14.50 SUPPLEMENTAL BENEFITS: (per hour worked) dourneyman .... $ 8.30* plus 10% of straight time rate Apprentice .... $ 5.00 plus i~/o of straight *$10.10 plus 10% of straight time rate for overtime hours. POWER EQUIPMENT OPERATOR - Buildinq BUILDING: CLASS "A": Asphalt Spreader, Backhoe Crawler, Boiler, Boring Machine, Cherry Picker (over 50 tons), Concrete Pump, Crane, Derrick, Dragline, Dredge, Gradall, Grader, Hoist, Loading Machine (10 yds or more), Milling Machine, Pile Driver, Power Winch-Stone Setting/Structural Steel/Truck Mounted, Powerhouse, Road Paver, Scoop-Carryall-Scraper in Tandem, Shovel, Sideboom Tractor, Stone Spreader (Self Propelled), Tank WOrk, Tower Crane Engineer. CLASS "B": Backhoe, Boom Truck, Bulldozer, Bnoing Machine/Auger, Cherry Picker, Conveyor-Multi, Dinky Locomotive, Fork Lift, Hoist (2 Drum), Loading Machine & Front Loader, Mulch Machine (Machine fed), Power Winches (All others not included in CLASS Al, Asphalt Roller, Hydraulic Pump with Boring Machine, Scoop, Carryall, Scraper, Maint. Man on Tower Crane, Trenching Machine, Vermeer Cutter, Work Boat. CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. & Well Point), Field Mechanic, Milling Machine (Small), Pulvi-Mtxer, Pumps, Roller (Dirt), Page 29 Prevailing Rate Schedule New York State Department of Labor ................................. Case Number .................................. 9906076 SUFFOLK 1998A CLASS "D": Compressor (Pile, Crane, Stone S~tting), Concrete Breaker/Saw Cutter. Work Ltft (Wa]k Behind/Power Operated), Generator (Pile Work), Hydra Hammer, Hand Operated Mechanical Compactors, Pin Puller, Portable Heater. Power-Broom/Buggy/Grinders, Pumps-Single Action I to 3 inches/Gypsum~Double Action Diaphragm, Hand Trenching Machine, Welding Machine. Pump (Centrifugal up to 3 inches). Root Cutter. Stump Chipper, Oiler on Tower Crane, Track Tamper, Tractor, Vibrator. Deckhand on Work 8oat. WAGE5 (per hour) 7/01/98- 5/31/99 Class " A " ............... $ 30.61. *Add $3.00 for Hazardous Waste Work Class " B " ............... 28.97* *Add $2.00 For Hazardous Waste Work Class "C " ............... 27.88* $ *Add $1.00 for Hazardous waSte Work Class " D " ............... 25.69 Class " E " ............... 24.60 *Cranes : Boom length over 100 foot add $ 0.50 per hour 150 $ 0.75 250 $ 1.00 350 $ 1.50 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 7, 8. 11, 16 ) on HOLIDAY PAGE.* OVERTIME: See ( 5. B, 7. 8, 11, 16 ) on HOLIDAY PAGE.* APPRENTICE RATE is $ 16.41 for 36 month term. SUPPLEMENTAL BENEFITS: (per hour worked) $ 20.24*Note *Note: OVERTIME dOURNEYMAN $ 18.10 -- APPRENTICE $ 12.99. OVERTIME APPRENTICE $ 5.60 POWER EQUIPMENT OPERATOR - Heavy/Highway HEAVY / HIGHWAY; CLASS "A": Asphalt Spreader, Backhoe Crawler, ~oiler, Boring Machine, Cherry Picker (over 50 tons), Concrete pump, Crane, Derrick. Dragline, Dredge, Gradall, Grader, Hoist Loading Machine (10 yds or more), Milling Machine, Pile Driver. Power Winch-Stone Setting/Structural Steel/Truck Mounted. Powerhouse, Road Paver, Scoop-Carryall-Scraper fn Tandem, Shovel, Sldeboom Tractor. Stone Spreader (Self Propelled), Tank Work, Tower Crane Engineer,Track Alignment Machine. CLASS "B": Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Cherry Picker, Conveyor-Multi, Dinky Locomotive, Fork Lift, Hoist (2 Drum), Loading Machine and Front LoaOer, Mulch Machine (Machine fed), Power Winches (All others not included in CLASS Al, Asphalt Roller, Hydraulic Pump with Boring Page 30 Prevailing Rate Schedule New York State Department of LaDor ................................. Case Number .................................. 9906076 SUFFOLK 1998A CLASS I'cIl: Curb Machine, Maintenance Engineer (Small Equip. & Well Point), d Field Mechanic, Milling Machine (Small), Pu]vi-Mixer, Pumps. Roller (D~rt), CLASS lID": Compressor (Pile, Crane, Stone Setting), Concrete Breaker/Saw Cutter, Work Lift (Walk Behind, Power Operated). Generator (Pile Work). Hydra Hammer, Band Operated Mechanical Compactors, Pin Puller, PortaDle Heater, Power-Broom/Buggy/Grinders, Pumps-Single Action 1 to 3 inches/Gypsum/DouDle Action Diaphragm, Hand Trenching Machine, Welding Machine, Pump (Centrifugal up to 3 inches), Root Cutter, Stump Chipper, Oiler on Tower Class " F ": Lead tec TV Cr~w. Class " G ": Wet Out Tec. WAGES (per hour) 7/01/98- 5/31/99 Class "B ", ............ 29.30* *Add $2,00 for Hazardous Waste Work. Class "H ". ............ 26.53 *Cranes : Boom length oven 100 foot add $ 0.50 per hour 150 $ 0.75 250 $ t.00 350 $ 1.50 gVERTIME PAY: See ( D, 0 ) on gVERTIME PAGE, HOLIDAYS: PAID: See ( 5, 6, 8, 11, 12, 15, 16 ) on Holiday Page.* OVERTIME: See ( 5, 6, 8, 11, 12, 15, 16 ) on Overtime Page.* SUPPLEMENTAL BENEFITS: (per hour worked) $ 20.24* NOTE *Note: OVERTIME dOURNEYMAN $ 18.10 -- APPRENTICE $ 12.99- OVERTIME APPRENTICE 5.60 4-138 Page 31 Prevailing Rate Schedule New York State Department o¢ Labor .................................. Case Number .................................. 9906076 SUFFOLK 1996A MARINE CONSTRUCTION WAGES (per hour) Hydraulic Dredge: Class A: Leverman ............. Engineer, Derrick Op. Chief Mate on Dredge. Class C: Maint. Erg ........... Mate ................. Boat Captain ......... Class D: Deckhand ............. Fireman, Oiler ....... Shoreman ............. Tug Boats: Class A: Tug Master ........... Tug Chief Engineer... Class C: Tug Captain .......... Tug Engineer ......... Class D: Tug Deckhand ......... Dipper and Clamshell Dredges: Class A: Operator ............. Engineer ............. Class C: Maint. Engineer ....... Mate ................. Class D: Oiler ................ Deckhand ............. 10/01/97- 10/01/98- 10/01/99- 9/30/98 9/30/99 9/30/00 $ 24.61 $ 25.18 $ 25.78 22.08 22.34 22.61 21.76 22.01 22.28 21.59 21.83 22.07 20.14 20,35 20.57 20.29 20.50 20.72 16.43 16.58 16.74 17.07 17.23 17.38 I¢.43 16.58 16.74 22.31 22.69 23.09 20.80 21.10 21.47 21.44 22.69 23.09 20.59 21.10 21.63 16.65 16.60 16.96 25.05 25.64 26.26 22.56 22.83 23.12 21.59 21.63 22.07 20.14 20.35 20.57 21.25 21.49 21.74 20.29 20.50 20.72 17.07 17.23 17.39 16.65 16,60 16.96 OVERTIME PAY: See ( B; F, R ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 5, 6, 8, 10, 15 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 15 ) on Overtime Page The following SUPPLEMENTAL BENEFITS apply to ALL classifications o¢ the above HYDRAULIC, OIPPER, CLAMSHELL DREDGES and TUG BOATS. SUPPLEMENTAL BENEFITS: (per hour worked) All Class A & B $ 4.81 ( OVERTIME $ 0.80 EXTRA ) plus 8% of wage All Class C $ 4.51 ( OVERTIME $ 0.65 EXTRA ) Page 32 Prevailing Rate Schedule New York State Department oF Labor .................................. Case Number ................................. 9906076 SUFFOLK 1998A All Class D plus 8% of wage $ 4.2i ( OVERTIME $ 0.50 EXTRA ) plus 8% of wage 4-25a MARINE CONSTRUCTION WAGES (per hour) 10/01/97- 9/30/98 Dnill Boat: Class A: Engineer .......... $ 22.B6 Blaster ........... 23.22 Driller ........... 22.97 Boat Capt ......... 19.15 Class C: Welder/Machinist.. 22,77 Class D: Oiler/Helper ...... 20.05 Deckhand .......... 15.69 CoPe Driller ...... 18,21 Helper ............ 16.26 9/90/99 9/30/00 $ 23.24 $ 23,54 23.51 23.81 23.25 23.55 19.34 19.53 23.03 23,30 20.25 20.46 18.38 18.56 16.4I 16.56 OVERTIME PAY: See ( B, P, R, ) on Overtime Page. HOLIDAY: PAID: See ( 5, 6, 8, 10, 15 ) on Holiday Page. OVERTIME: See ( 5, 6, 8, 10, 15 ) on Overtime Page. SUPPLEMENTAL BENEFITS: (per hour worked) Class A & B $ 3.76 plus Class C $ 4.08 plus $ 4.38 plus 8% of wage 8% of wage 8% of wage 3.37 plus $ 3.59 plus $ 3.79 plus 8% of wage 8% of wage 8% of wage 3.01 plus $ 3.11 plus $ 3.21 plus 8% of wage 8% oF wage 8% of wage Class D 0.82 0.58 $ 2.12 1.63 1.15 Overtime Benefits Time and one half A & B add ................ $ 0.91 C add .................... 0.64 D add .................... 0.53 Double Time A & B add ................ $ 1.84 C add .................... 1.45 D add .................... 1.05 0.92 0.63 $ 2.42 4-25/3 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS BUILDING 12- ROOM 136 ALBANY, NEW YORK 12240 ********** CORRECTION July 6, 1998 This correction applies to the following counties: I Nassau I Suffolk ELECTRICIAN - Telephone and Integrated Tel-Data Systems: (Please contact the Bureau's Hempstead District Office at (516) 485-4878 concerning the use of these rates.) WAGES (per hour) Joumeyman ....... Cable Puller ....... 4/25198 to 4/30199 5/01/99 to 4/2812000 $24.94 $25.69 $8.42 $8.67 SUPPLEMENTAL BENEFITS: (per hour worked) Joumeyman ....... 39 % % + .52 40% + .52 Cable Puller ....... 29% + .52 29% + .52 NOTE: These rates do not apply to construction of new buildings or major renovation of an existing building. In those cases the inside construction or regular electrician rate applies. OVERTIME PAY: See (B, E, Q) on VACATION PAGE HOLIDAYS: Paid: See (1) on HOLIDAY PAGE Overtime: See (6, 6, 11, 12, 16, 25) on HOLIDAY PAGE 4-25 Tel Telephone (518) 457-5589 · Page 1 FAX (518) 485-1870 Prevailing Wages Status: Approved Schedules Union Name: Job Description: Sheetmetal Worker - 28 - pwishet28 Sheetmetal Worker Overtime Schedules ~ Regular ~ Residential Holiday Counties: Nassau, New York C~, Su~olk Special Conditions: Wage Inforrnat.!~9: ................. 01/29/98- 08/01/98- 02/01/99- 07/31/98 01/31/99 07/31/99 WAGES (per hour) $ 30.88 $ 0.75 addl $ 1.00 addl For Temporary Operation or Maint.of Fans and Decking & Siding Work: ........ 80% 0f Sheetmetal Worker Rate. OVERTIME PAY: See ( C, E2, O ) on OVERTIME PAGE. See ( D, E2, O, for Fan Maint.- Decking & Siding ) See ( 5, 6, 11, 12, 15, 25, 26 ) on holiday page. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. ;LPPRENTICES: ( 1/2 ) year terms at the following percent of journeyman rate. 1st 2nd 3rd 4th 5th 6th 7th 8th 30% 35% 40% 45% 50% 55% 60% 70% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman- $ 19.17 (Straight Time) $25.47 {Overtime) Appr 1st term- 30% of journeyman benefits Appr 2nd term- 35% Appr 3rd term- 40% Appr 4th term- 45% Appr 5th term- 50% Appr 6th term- 55% Appr 7th term- 60% Appr 8th term- 70% Comments: STATi~ OF NEW YORK ,. ~[~r~ _ BUREAU OF PUBLIC WORK DEPARTMENT OF LABOR ~ STATE OFFICE BUILDING CAMPUS ALBANY, Ny 12240 REQUEST FOR WAGE AND SUPPLEMENT INFORMATION AS REQUIRED BY ARTICLES 8 AND 9 OF THE LABOR LAW Submit this form for new schedules or for~determination for additional occupations. Provide all information Requested Below SUBMITTED BY: [~ CONTRACTING AGENCY [-I 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 (num ber, street, city or town, zip code) 2. [] NY. StateUnits 1-107City I-I 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 []0S MENTAL HYGIENE [] 12 County FACILITIES CORP. [] 13 Other Non-N.Y. State [] 06 OTHER N.Y. STATE UNIT (Describe) 3. SEND REPLY TO (NAME AND ADDRESS): 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 TELEPHONE: ( ) THIS PROJECT I B. PROJECT PARTICULARS S. Project TITLE and/or description of work to be performed. 6. Location of Project: Include contract identification number, if applicable Location on Site Route No/Street Address Village Or City Town County 7. Neture of Project- Check One 8. OCCUPATION FOR PROJECT [] 1. New Building [] Construction (Building, Heavy [] Guards, Wetchmen [] 2. Addition to Existing Structure Highway~Sewer/Water) [] Janitors, porters, cleaners [] 3- Hea~yend HighwayConstruction (New and Repair) [] Tunnelling [] Moving furnitureand [] ~,. New Sewer or Waterline [] Residentia~ eguipment [] 5. Other New Construction (Explain) [] LandscapeMaintenance [] Trash and refuse removal [] 6, Other Reconstruction, Maintenance, Repair or Alteration [] Elevator maintenance [] Window cleaners [] 7. Demolition [] Exterminators. Fumigators [] Other (Describe) [] 8. Building Service Contract Name and Title of Requester Signature OFFICE USE ONLY ~1~ ~signations L~I~ Designations PW-3g (IG-~4) SEE OTHER SIDE FOR LAWS RELAllNG TO PUBUC WORK CONTRACTS STATE OF NEW YORK DEPARTMENT OF LABOR REQUIREMENTS OF ARTICLE 8 (Section 220-223) AND ARTICLE 9 (Section 230 - 239) OF THE NEW YORK STATE LABOR LAW PREVAILING RATE SCHEDULE: The Labor Law requires public work contractors and subcontractors to pay laborers, workers or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and to provide supplements (fringe benefits) in accordance with the prevailing practices in the locality where the work is performed. The Department of Jurisdiction awarding a public work contract MUST obtain a prevailing rate schedule from the Bureau of Public Work of the New York State Department of Labor listing the hourly rates for the trades and occupations of the workers to be employed on the 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 ~art of the public work contract. Upon the signing of the contract, the Department of urisdiction MUST advise the Bureau of Public Work on a form supplied by the Bureau as to the n~me 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 p~.y or provide the requisite prevailing wages or supplements, the Bureau is authorazed by Sections 220-b and 235.2 of the Labor Law to so notify the financial officer of the Department of Jurisdiction that awarded the public work contract. Such officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of such contract the amount indicated by the Bureau of Public Work as sufficient to satisfy the unpaid wages and supplements, includ, inginterest and any civil penalty that may be assessed by the Commissioner of L~bor. The w~thholding 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. INFORMATIONAL BULLETIN The following is a change to the New York State Department of Labor's policy on the applicability of the provisions of Article 8 (prevailing wage rates) to off-site borro~v pits/batch plants and related trucking of material 1) Individuals who are employed by a vendor to deliver materials excavated from either off-site borrow pits or batch plants are not subject to prevailing rates. This rule applies whether or not the plant or borrow pit is dedicated to a public work project. 2) The payment of a prevailing wage rate is required to individuals involved in either the operation or construction of off-site borrow or portable batch plants that are dedicated exclusively to public work. 3) The only exception to this policy would require the payment of prevailing wage rates to all individuals engaged in work activities relative to off-site borrow or portable batch plants when the contracting entity clearly identifies the specific location of the borrow pit or batch plant in the scope of the project. If you have any questions, please contact this office located at: New York State Department of Labor, Bureau of Public Work, Governor W. Averell Harriman State Office Building Campus, Albany, New York, 12240, (518) 457-5589. December i, 1998 TO ALL INTERESTED PARTIES Enclosed is an important notice that clarifies the manner in which the New York State Department of Labor enforces Article 8 of the Labor Law with regard to the payment of prevailing supplements. All public work contractors should be aware that any variation from this policy after June 15, 1999, could result in a willful violation. NOTICE The purpose of this notice is to remind all interested parties of the manner in which the New York State Depa~u'nent of Labor enforces Article g of the Labor Law (the prevailing wage law) with regard to the payment of prevailing supplemenls. Specifically, questions have arisen with regard to the payment of prevailing supplements into certain benefit plans. These questions have been exacerbated due to recent preemption Litigation in federal court. The Department has prepared this notice concerning regulations found at 12 New York Code of Kules and Kegulations Part 220 to correct any misunderstanding of the Department's policy and remind all affected parties of their obligations under the law. Labor Law section 220 et seq., (the prevailing wage law) requires the payment of prevailin~ wages and supplements by contractors perfonuing work on public work projects. While the Department of Labor does not require the payment of any specific supplement, it does require, through the prevailing wage rate schedules it promulgates on an annual basis, a total supplement amount to be paid on behalf of each worker. A contractor's obligation to pay suc.h supplement amount may be met by paying into a qualified benefit plan, paying cash to the worker, or some combination of these options. It has come to the attention of the Department that certain benefit plans used by contractors may not comport with the requirements under ~he Labor Law or the Depa.ttment's regulations. Specifically, some contractors, while makin~ payments into benefit plans -2- purportedly on behalf of individual workers engaged on prevailing wage projects, use such payments to obtain benefits for individuals other than those on whose behalf the payments were made. Alternatively, contractors may make payments for the period of time during which a worker is engaged on a public work project, yet use the payments to obtain benefits for a period of time during which the worker was engaged on a private project. In the above circumstances, it is clear that the contractor has not met the requirements or,he Labor Law with regard to the payment of prevailing supplements. Because of the confusion over whether the Deparunent could, under federal law, enforce these requlxements, only contractors using such plans after June 15, 1999 will be found in willful violation of the law. Questions with regard to this matter may be directed to the Department of Labor's Counsel's Office at (518) 457-4380. April 1999 J J 8 J ,ii J 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 odgin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgradir~:J, 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. 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). COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with, Each and every provision of [a,,~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 odgin 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 (S5.00) dollars for each person for each calendar day dudng which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: 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 docks, locker rooms and other storage or dressing areas, parking lots, dhnking 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 farther agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he W~ll obtain identical certifications from proposed subcontractors pdor 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): 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 car~ification may be submitted either for each subcontract or for all subcontracts during a pedod (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. : "During the performance of this contract", the Contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated dudng 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 fcr 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. (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 Reauired Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each pdme contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-1) 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 pdme 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 (1), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a pdme 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, pdme 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. 1-12.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors. (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 whethe.r, 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 repons 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 pdme 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 pedod 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, pdor 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. ( 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 'Rumber Title 100 7540-926-2049 Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENTSTANDARD~ 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 viola[ions 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 Depar[ment 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 matenals or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 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 ce~fication by him that amounts to be paid do not exceed maximum alio~vable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the [ocal 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 ail 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 S 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 diecdminate on the basis of race, color, religion, creed, national odgin, 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 subgrantees and to assure that suspected or reported violations are promptly investigated. 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 persor~ 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 vadous classes of mechanics, workingmen, or laborers employed on the work. Section 220.3-e provides that apprentices wilt be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national odgin. (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 penalt7 of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; (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 th~ temtodal 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 junsdiction 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. ELIZABETH A. NEVILLE TOWN CLERK REGISTI~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN 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 AUGUST 31, 1999: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Latham Sand & Gravel, Inc., in the amount of $27,350.00, for the construction of the stairs at the end of Rocky Point Road, East Marion, in accordance with the plans and specifications prepared by James A. Richter, R.A. Southold Town Clerk August 31. 1999 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRL~GE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 9, 1999 C. Terry Latham, President Latham Sand & Gravel, Inc. 37725 Main Road Post Office Box 608 Orient, New York 11957 Dear Mr. Latham: The Southold Town Board at their regular meeting held on August 31, 1999 adopted a resolution awarding the bid for the "Replacement of Stairs and Landing at End of Rocky Point Road" to your company. A certified copy of this resolution is enclosed for your records. The Town Attorney is currently working on your contact. Please contact the him with any questions you might have. Very truly yours, Elizabeth A. Southold Town Clerk cc: Town Attorney Supt. of Highways James McMahon Jamie Richter ELIZABETH A. NEVILLE TOWN CLERK REGISTP,2~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN 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 AUGUST 31. 1999: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Latham Sand & Gravel, Inc., in the amount of $27,350.00, for the construction of the stairs at the end of Rocky Point Road, East Marion, in accordance with tlne plans and specifications prepared by James A. Richter, R.A. Southold Town Clerk August 31. 1999 COLONIAL SURETY COMPANY Adminstrative Office 50 Chestnut Ridge Road Montvale, NJ 07645 201-573-8788 BID BOND Approved by The American Institute of Architects A.I.A. Document No. A-310(Feb. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Latham Sand And Gravel, Orient, NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto Town of $outhold, Southold, NY as Obligee, hereinafter called the Obligee, in the sum of 5% of amount bid ............................... for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Stair and Landing at end of Rock Point Road, East Marion NY NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 19th day of August 1999. (Witnessy Erinn Finnegan ( (Witneff Lathamn~ ~ .a~.d ave (Princ~l) (Seal) (Title) COLONIAL SURETY COMPMqY (Seal) ~(Attorney-in-Fact) Form C200-119 YV~VIII~ {Iv[Ir. I I V~/llllr/~ll! I )uncannon, Pennsylvania ;hestnut Ridge Road, FOO~ S-100-101 (Rev. 3/98) State of New Jersey County of Bergen On this 19t~ay of August , in the year 1999, before me Alayna Baldanza, a Notary Public, personally appeared Sherryanne DePirro, personally known to me to be the person who executed the within instrument as Attorney-in-Fact, on behalf of Colonial Surety Company therein named and acknowledged to me that the corporation executed it. Alayna Baldanza A Notary Public of New Jersey My Commission Expires September 2, 2002 Notary Public and fo County of BIgen ~~' State of New ~lers ey COLONIAL SURETY COMPANY Duncannon, Pennsylvania - Inc 1930- FINANCIAL STATEMENT--DECEMBER 31, 1998 ASSETS *Stocks and Bonds .................... $ 4,057,504 Cash in Office & Banks .................. 848,716 Accrued Interest & Dividends ............. 61,375 Premiums & Agents Balances Receivable .... 390,410 Other Assets ......................... 688,360 Total Admitted Assets .............. 6,046,365 LIABILITIES & SURPLUS Reserve for Unearned Premiums .............. $959,185 Claim Reserves .......................... 1,123,000 Other Reserves .......................... 69,312 Collateral Held ........................... 677,107 Capital Stock ............................ 1,000,000 Surplus ................................ 2,217,761 Total Liabilities & Surplus ............... 6,046,365 *Bonds and stocks are valued on basis approved by National Association of Insurance Commissioners. STATE OF NEW JERSEY COUNTY OF BERGEN SS..' h Wayne Nunziata, President of COLONIAL SURETY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the Financial Statement of said Company, as of December 31,1998. IN WITNESS WHEREOF, I have signed this statement at Montvale, New Jersey, this 17th day of February, 1999. Jacqueline Berthelsen A Notary Public of New Jersey President Nota~ Public ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 9, 1999 Michael B. Broidy, President East Area General Contractors, Inc. lql;8-5 Speonk-Riverhead Road Speonk, New York 11972 Dear Mr. Broidy: The Southold Town Board at their regular meeting held on August 31, 1999 adopted a resolution awarding the bid for the "Replacement of Stairs and Landing at End of Rocky Point Road" to Latham Sand & Gravel, Inc. A certified copy of this resolution is enclosed for your records. I am returning your bid bond herewith. Thank you for submitting your bid. Very truly yours, Southold Town Clerk THE MOUNTBATTEN SURETY COMPANY, INC. BID BOND AIA Document A310 February 1970 Ed. KNOW ALL MEN BY THESE PRESENTS that we East Area General Contractors Inc 1448-5 Speonk-Riverhead Road Speonk, New York 11972 as Principal, hereinafter called the Principal, and THE MOUNTBATTEN SURETY COMPANY, INC. OF PENNSYLVANIA, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called Surety, are held and firmly bound unto Town of Southold 53095 Main Road Southold, New York 11971 as Obligee, hereinafter called Obligee, in the sum of Five Percent of the amount bid Dollars ( 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Construction of stairs and landing ~ East Marion, New York NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the mount specified in said bid and such larger mount for which the Obligen may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 11 dayof~11999 (Witness) (Witness) East Area General Co~/~actors lnc (Pri ' al ~: / v (Tit e) (Seal) THE~ M~.TB_ATTEN SURfl..~Y COMPANY, INC. Theresa Burke (Attorney-in-Fact) Individual Acknowledgment State of County of On this day of ,19 , before me personally came to me known, and known to me to be the individual in and who executed the foregoing instrument, and acknowledged to me that he/she executed the same. My commission expires Notary Public Corporation Acknowledgment State of 'x-~"-.-~_.~-~_ '"'"~,.~'---~-~'".r.__ County of ~ ~"~__~.~'"'~..".<_ On this ~'.~,~ day of ~:~,.~-_~-~- ,19~c~, before me personally came '%'-~.~"~..c_~.~_~ ~ ~~ to me known, who being by me duly sworn, did depose and say that he/she is ~e the co~omtion described in and whi~ ex~uted the above instrument; that he/she knows the seal of said co~oration; that the seal affixed to said inst~ment is such co.orate seal; that it was so affixed by order of ~e Boa~ of Dire~om of said ~omfion, and ~at he signed his n~e~to by like o~er. · . . LO S~ My commission e~res ~.~.~,,~ ~,~,~,~y No. 01CA6012159 ... qualifi~ in S~olk ~u~ ~l~n Expires ~gust Surety Acknowledgment State of Ne~ York County of Nassau On this 11 day of August 1999 , before me personally came ~.e~esa Burke to me known, who, being by me duly swom, did depose and say that he/she is an attorney in fact of _ The Mountbatten Surety Company~ Inc. , the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she signed the said instrument and affixed the said seal as Attorney-in-fact by authority of the Board of Directors of said corporation and by authority of this office under the standing resolution My commission expires · N~ry Ffublic DAI~I. HAMn.TON ISMO~ Expires Feb. 08,(~). THE MOUNTBATTEN SURETY COMPANY, INC. Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That The Mountbatten Surety Company, [nc.. a corporation of the Commonwealth of Pennsylvania, has made, constituted and appointed, and by these presents does make, constitute and appoint. ~resa Burke, Do~a D~is, Nicole Gruter, D~ryl H~miltc~, An~ J. Panno, ~ouis J. Spine, Anth~ M. Sp{n~, ~rbara Walker and/~r Denese Th~c~ al I of Sycsset, N~ ts tree and lawful Attorney-in-Fact, to make, execute and deriver on its behatf insurance policies, surety bonds, undertakings and other insttuments ~f a similar nature as follows: NOT TO E3(CEED SIX MItLL~ON DOLLARS ($6,000,009.00) Such insurance polictas, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attomeyqn-Fact, shall be binding upon the said Corporation as fufly and to the same extent as if signed by the duty authorized off(em of the Corporation end sealed with its corporate seal; and all the acts of said Attorney~in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the fotiowing By-Laws which were duly adopted by the Board of Directors of the said Corporation on Augbst 28, 1992 with ail Amendments thereto and are still in full force and effect: "Articte XH: Pclides, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undedakings, and Instruments Relating Thereto. Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and other writings relating in any way thereto or to any claim or toss thereunder, shall be signed in the name and on behalf of the Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary or an Assistant Sec~'etery; or b) by an Attorney-in-Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature; or c) by such other off(ers or representatives as the Board may from time to time determine. The seal of the Corporation shaft if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative. The authority of such Attorney-in-Fact and Agents shati be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." IN WITNESS WHEREOF, The Mountuatten Surety Company, inc. has caused these presents to be duty signed and [ts corporate sea{ to be hereunto affixed and duly attested this 24th day of June, 1998. County of Montgomery THE MOUN~,~BA3-reN SURETY COMPANY, INC. Kenneth L. Bdet, President Nofariat Seat Anthony T. Stewart, Notary Public Lower Moo'on Twp., Montgomery County My Commission Expires Aug. 5, 2002 Member, Pennsyivania AssOC~atkin ot Notsnes On this 24th day of June, 1998, before me personally appeared Kenneth L. Bder, President of The Mounthatten Surety Company, Inc. with whom [ am personally acquainted, whc, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is President of The Mountbatten Surety Company, !nc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Corpor-o-tion; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that he signed his name thereto as President of said Corporation by like authority. CERTIFICATE I, the undersigned Secretary of The Mountbaden Surety Company, Inc. do hereby codify that the odginal Power of Attomey of which the foregoing is a full, t~ue end correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of Attomey was one of the Officers authorized by the Board of Directors to appoint an Attorney-in-Fact as provided in Section 12-1 of the By-Laws of The Mount~atten Surety Company, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By-Laws of The Moun[batten Surety Company, Inc.: "Section 12-2. The use of a pdnted facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any certification of the correctnees of a copy of an instrument executed by an authedzed person pursuant to Article XII, Section 12-1 of the By-Laws ~ppointtog and authorizing an AttomeyAn-Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undettakings, or other instruments described in said Section 12-1, with like effect as if such seal and such signature had been manually affixed and made." In Withess Whereof, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents this ~ day of 199 .~._. This power of attorney is ~h'~va--'~'with Cede ¢¢/~1-1-3'~Rn61 and the original, red stamp affixed hereto. ea ragg, secr/ ry (Stamp) D~C~EAd~ 3I, ~6t3.08~ 4,L~4, t47 ELIZABETH A. NEVILLE TOWN CLERK REGISTI~At OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOiq.MATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southaid, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 9, 1999 Patricia Panchak, President KBJ Industries, Inc. Center Drive Riverhead, New York 11901 Dear Ms. Panchak: The Southold Town Board at their regular meeting held on August 31, 1999 adopted a resolution awarding the bid for the "Replacement of Stairs and Landing at Fnd of Rocky Point Road" to Latham Sand & Gravel, Inc. A certified copy of this resolution is enclosed for your records. I am returning your bid bond herewith, Thank you for submitting your bid. Very truly yours, ' Southold Town Clerk COLONIAL SURETY COMPANY Adminstrative Office 50 Chestnut Ridge Road Montvale, NJ 07645 201-573-8788 BID BOND Approved by The American Institute of Architects A.I.A. Document No. A-310(Feb. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we KJB INDUSTRIES INC. DBA EAGLE ASPHALT MAINTENANCE, Riverhead, NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold, Southold, NY as Obligee, hereinafter called the Obligee, in the sum of 5% of amount bid ............................... for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. e WHEREAS, the rincipal has submitted a bid for /?,~.~'v ?r Stair and Landing Replacement at the end of,g6a~2~ Road, East Marion, NY NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligce the difference not to exceed the penalty hereof between the mount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. ~_~_~4~/(W:.t~ness)Signed and seal~ ~19th day of August (~itness),J Erinn Finnegan Form C200-119 1999. KJB INDUSTRIES INC. DB~EAGLE ASPHALT M AINT~}~ ~ (Principal) ' ~S~-al) (Title) COLONIAL SURETY COMPANY (Seal) ~herryanne ~Pirro (Att6rney-in-Fact) Fo~rn S-I00-101 (Rev. 3~8) State of New Jersey County of Bergen On this 19th day of August , in the year 1999, before me Alayna Baldanza, a Notary Public, personally appeared Sherryanne DePirro, personally known to me to be the person who executed the within instrument as Attorney-in-Fact, on behalf of Colonial Surety Company therein named and acknowledged to me that the corporation executed it. Alayna Baldanza A Notary Public of New Jersey My Commission Expires September 2, 2002 County of Bt State of Men and for the ~gen Jersey COLONIAL SURETY COMPANY Duncannon, Pennsylvania - Inc 1930- FINANCIAL STATEMENT--DECEMBER 31, 1998 ASSETS *Stocks and Bonds .................... $ 4,057,504 Cash in Office & Banks .................. 848,716 Accrued Interest & Dividends ............. 61,375 Premiums & Agents Balances Receivable .... 390,410 Other Assets ......................... 688,360 Total Admitted Assets .............. 6,046,365 LIABILITIES & SURPLUS Reserve for Unearned Premiums .............. $959,185 Claim Reserves .......................... 1,123,000 Other Reserves .......................... 69,312 Collateral Held ........................... 677,107 Capital Stock ........................... 1,000.000 Surplus ................................ 2,217,761 Total Liabilities & Surplus ............... 6,046,365 *Bonds and stocks are valued on basis approved by National Association of Insurance Commissioners. STATE OF NEW JERSEY COUNTY OF BERGEN SS..' I, Wayne Nunziata, President of COLONIAL SURETY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the Financial Statement of said Company, as of December 31,1998. IN WITNESS WHEREOF, I have signed this statement at Montvale, New Jersey, this 17th day of February, 1999. Jacqueline Ber/helsen A Notary Public of New Jersey Wayne Nunziata President 19/08 '99 THU 12:19 FAX 516 765 6145 SOUTHOLD CLERK ~001 TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR $** MULTI TX/RX REPORT *** 0792 [* 15]2449576 [* 16118005243329 [, 17118882329941 [* 1812935456 Brown's Letters Burrelle's Info Data Construct Dodge Reports ELIZABETH A. NEVILLE TOWN CLEP, K REGISTI~2~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDI~ MANAGEMENT OFFICER FREEDOM GF INFORMATION OFFICER Town H~l, 53095MEn Road P.O. Box 1179 Southold, New York 11971 Fa~(516) 765-6145 Telephone(516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ElideD FOR REPLACEMENT OF STAIRS S LANDING AT END OF ROCKY POINT ROAD BID OPENING AT 10:00 A.M. THURSDAY, AUGUST 19, 1999 'I'Hi~:EE (3) BIDS WERE RECEIVED AS FOLLOWS: SAmount of Bid Latham Sand F, Gravel, Inc., PO Box 776 Orient, NY 11957 $27.350.00 East Area General Contractors, Inc. PO Box 581 Speonk, NY 11972 $37,~90.00 KJB Industries, Inc. 11~ Center Drive Riverhead, NY 11901 $28.6~3.00 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS NLkRRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID FOR REPLACEMENT OF STAIRS & LANDING AT END OF ROCKY POINT ROAD BID OPENING AT 10:00 A.M. THURSOAY. AUGUST 19. 1999 THREE (3) BIDS WERE RECEIVED AS FOLLOWS: SAmount of Bid 1. Latham Sand I; Gravel. Inc.. $27.350.00 PO Box 776 Orient. NY 11957 2. East Area General Contractors, Inc. $37,0,90.00 PO Box 581 Speonk. NY 11972 3. KJB Industries, Inc. $28,60,3.00 10, Center Drive Riverhead, NY 11901 PROPOSAL FORM DATE: Name of Bidder: To' Southold Town Board Town Hall - 52095 Main Road Southoid, NY 11971 Members of the Board: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principal 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 employment 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, including bidding requirements, contract, general and special conditions, specifications, contract drawings and addenda, if any; 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 is accepted he will contract to furnish all materials not provided by the Town and perform all the work required to construct, perform and complete the work at: The end of Rocky Point Road East Marion, NY 11939 and all other work in connection therewith, in accordance with contact documents and addenda, if any, prepared by the Southold Community Development Office and shall comply with all the stipulations contained therein and will furnish the required Performance Bond and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH AND CONSTRUCT STAIRS AND LANDINGS AT THE END OF ROCKY POINT ROAD, EAST MARION, NY AS INDICATED ON THE SPECIFICATION SET FORTH IN THE BID DOCUMENTS. THE CONTRACTOR SHALL PROVIDE ALL LABOR AND MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: ~n words) 0 t d (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 to 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) day 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 Signature of Bidder:~-..-~)'- ~-~ ~~--~ ~{ ¢~ ,-. ) Business Address: Lf~-r~t~ ~q~ q ~o~gto~/_, ~c.. Telephone Number: (~1~) ~ ~ ~5 ~ 5 Date: ~ ~,-u.s-C tT, /qg~ 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 er to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge aad belief: (1) The prices in this bid have been amved at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such pdces 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, partnemhip, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully infQrmed himself regarding the accuracy of the statements contained in this certification, and under the statements con~ineq in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a cerdfied copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the cori2orate bidder. RESOLUTION Resolved that LRTHC~W~ g¢~]b ~ ~¢,'AVF---/,-, (Name of Co~ora~ion) authorized to sign and submit the bid or proposal of this corporation for the following Project: be STAIR & LANDIaNG REPLACEMENT AT THE END OF ROCKY POINT ROAD, EAST MARION, NrY 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 carrect copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the J~T* dayof )~ bL(~70L ~T'- ,19~ (SEAL OF THE CORPORATION) Laws of New Yor~, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965 THE AMERICAN INSTITUTE QF ARCHITECTS Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe ~s Principal, hereinafter c~lled ~e Pffndpal, ~nd a corporation duly or§anized 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 for the payment of which sum well and truly to be made, the said Principal ~nd the said Sure~, bind ourselves, our heirs, executors, administrators, successors and assigns, joindy and severally, firmly by these present. WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, if the Obligee sf~II accept the bid of the Principal and the Princigal sh~lI enter into a Contract with the Obligee in accordance with the terms o~ such bid. and 8ire such bond or bom:is as rr~y be specified in the biddin~ or Contract Documents with good and suEident surety to~ the iaithl~ut performance o~ suctl Contract and for the prom~3t payment of labor and material [urnished in the prosecution thereo~, or in the ~vent oi the failure o~ the Principal to enter such Contract and give such bond o¢ bonds, il the Principal shall pay to the Oblig~e the difference not to exceed the penalty hereof between the a, mount sDecit~ed in said bid and such tar[er amount ~o~ which the Obli~ee may irt good ~aith ¢ontrac~ with another party to perform the Work covered by ~aid bid, then this obligation shall be null and void. otherwise to ~emain in ~ull iorce and eEect. Signed and sealed this IT''r~x 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: Signed: SURETY~OMPANY ~ 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 accepted and the contract for the work is awarded to said the (Bidder's Name) will execute the Surety Bonds as herein-before provided. (Surety Company) Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMI-Ff'ED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Colonial Surety Company --Inc. 1930 -- Administrative office; 50 Chestnut Ridg~ Road Montvale, New Jersey 07645 201-$73-8788 Fax 201-573-1062 COLONIAL SURETY COMPANY Adminstrative Office 50 Chestnut Ridge Road Montvalc, NJ 07645 201-573-8788 BID BOND Approved by The American Institute of Architects A.I.A. Document No. A-310(Feb. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Latham Sand And Gravel, Orient, NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold, Southold, NY as Obligee, hereinafter called the Obligee, in the sum of 5% of amount bid ............................... for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Stair and Landing at end of Rock Point Road, East Marion NY NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 19th day of August 1999. (Witness)' Erinn Finnegan ~ (WitnesS) (Princ~/~al) (Seal) (Title) COLONIAL SURETY COMPANY (Seal) o (Attorney-in-Fact) Form C200-119 · ' Duncannon, Pennsylvania , Chestnut Ridge Road, Montvale, New Jersey 0 Fo~n S-100-101 (Rev. 3/98) State of Hew Jersey County of Bergen On this I9tbday of August , in the year 1999, before me Alayna Baldanza, a Notary Public, personally appeared Sherryanne DePirro, personally known to me to be the person who executed the within instrument as Attorney-in-Fact, on behalf of Colonial Surety Company therein named and acknowledged to me that the corporation executed it. Alayna Baldanza A Hotaty Public of Hew Jersey My Commission Expires September 2, 2002 Notary Public ir a~o County of Be ig~r~ey ~ State of New COLONIAL SURETY COMPANY Duncannon, Pennsylvania - Inc 1930- FINANCIAL STATEMENT--DECEMBER 31, 1998 ASSETS *Stocks and Bonds .................... $ 4,057,504 Cash in Office & Banks .................. 848,716 Accrued Interest & Dividends ............. 61,375 Premiums & Agents Balances Receivable .... 390,410 Other Assets ......................... 688,360 Total Admitted Assets .............. 6,046,365 LIABILITIES & SURPLUS Reserve for Unearned Premiums .............. $959,185 Claim Reserves .......................... 1,123,000 Other Reserves .......................... 69,312 Collateral Held ........................... 677,107 Capital Stock ............................ 1,000,000 Surplus ................................ 2,217,761 Total Liabilities & Surplus ............... 6,046,365 *Bonds and stocks are valued on basis approved by National Association of Insurance Commissioners. STATE OF NEW JERSEY COUNTY OF BERGEN I, Wayne Nunziata, President of COLONIAL SURETY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the Financial Statement of said Company, as of December 31,1998. IN WITNESS WHEREOF, I have signed this statement at Montvale, New Jersey, this 17th day of February, 1999. Jacqueline Berthelsen A Notary Public of New Jersey Wayne Nunziata President PROPOSAL FORM DATE: August 19, 1999 Name of Bidder: East Area General Contractors, Inc. To: Southold Town Board Town Hail - 52095 Main Road Southold, NY 11971 Members of the Board: The undersigned as bidder, declares that the only persons, company, or parries interested in this proposal as principal 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 employment 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, including bidding requirements, contract, general and special conditions, specifications, contract drawings and addenda, if any; that he has satisfied himself by persanai 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 is accepted he will contract to furnish aH materials not provided by the Town and perform all the work required to construct, perform and complete the work at: The end of Rocky Point Road East Marion, NY 11939 and all other work in connection therewith, in accordance with contact documents and addenda, if any, prepared by the Southold Community Development Office and shall comply with all the stipulations contained therein and will furnish the required Performance Bond and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH AND CONSTRUCT STAIRS AND LANDINGS AT THE END OF ROCICY POINT ROAD, EAST MARION, NY AS INDICATED ON THE SPECIFICATION SET FORTH IN THE BID DOCUMENTS. THE CONTRACTOR SHALL PROVIDE ALL LABOR AND MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTIL&CT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: Thirty Seven Thousand Four Hundred Ninty (written in words) 37,490.00 (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fall or neglect to enter into a Contract pursuant to such proposal and to the requirements to the Town and shall fail to ~ive the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited inthe mall addressed to him at the address ~iven 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 ~ liquidated damages; otherwise the certified check shall be returned to the bidder within forW-five (45) day 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 T.own will accept or reject this proposal or by mutual agreement may extend this time perao~ Signature of Bidder' Business Address: Po Box 581 1448-5 Speonk-Riverhead Road Speonk, New YSrk 11972 Telephone Number: 516 325-7700 Date: Ausust 19, 1999 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 disthct 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 ~311awing statement subschbed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge aad 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 v,~h any other bidder or any competitor. (2) Unless otherwise required by law, the pdces which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder pnor to opening, directly or indirec'Jy, ~o any other bidder or to any compeUtor. (3) No attempt has been made er 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 B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perju~/, affirms the troth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attsched hereto (if a corporate bidder) is a cerlJfied copy of resolution authorizing the execution of this cartJficate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that East Area General Contractn~. TnG. be (Name of Co~oralio~) authorized to sign and submit the bid or proposal of this corporation for the following Project: STAIR & LANDIING REPLACEMENT AT THE END OF ROCKY POINT ROAD, EAST MARION, .NY and to include in such bid or proposal the certificate as to nomcollusion required by section one-hundred-three-d (103-d) of ~ General Municipal Law as the act and deed of such'corpora~n, and for any inaccuracies or mis- statements in such ca~iflcate this corporate bidder shall be liable under the penal'des of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting cif the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New Yarf~ 1965 Ch. 751, Sec. 103-d, as amended eff,~cfive September 1, 1965 19 day of . , August ,19 99 (Signature) Hichael B. Bro£dy President THE MOUNTBATTEN SURETY COMPANY, INC. BID BOND AIA Document A310 February 1970 Ed. KNOW ALL MEN BY THESE PRESENTS that we East Area General Contractors Inc 1448-5 Speonk-Riverhead Road Speonk, New York 11972 as Principal, hereinafter called the Principal, and THE MOUNTBATTEN SURETY COMPANY, INC. OF PENNSYLVANIA, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called Surety, are held and firmly bound unto Town of Southold 53095 Main Road Southold, New York 11971 as Obligee, hereinafter called Obligee, in the sum of Five Percent of the amount bid Dollars ( S% ), 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 Construction of stairs and landing ~ East Marion, New York NOW, THEREFORE, if the Obligen shall accept ',he bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the mount specified in said bid and such larger amount for which the Obligec may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall bo null and void, otherwise to remain in full force and effect. Signed and sealed this 11 day of_..j~t~.~_, 199 9 (Witness) East Area General Cotff/~actors Inc (Pri ' a ~ - I , ( itl,) (Seal) THeE M~J.TB_ATTEN SURfl~Y _C_OM. PA~Y, INC. Theresa Burke (Attorney-in-Fact) Individual Acknowledgment State of County of On this day of ,19 , before me personally came to me known, and known to me to be the individual in and who executed the foregoing instrument, and acknowledged to me that he/she executed the same. My commission expires Notary Public Corporation Acknowledgment State of 'x..L'-,-~_.-~_ '~--~-~'~..~ County of '~.~-~,~"~.~ On this ~,.,'=:~k, day of '~'.-..._~.~,~"~--~ .19~, before me pemonally ~me ~c~ ~ ~~ to me ~own, ~o being by me duly ~om, did depose and say ~at h~she is ~e ~ ~ ~~ · e co~oration described in and whi~ ex~uted the above ins~ment; ~at he/she ~ows ~e seal of said co~om~on; that the seal affixed to said instrument is such ~omte seal; that it was so affixed by o~er of ~e Boa~ of Dim~om of said ~omtion, and ~at he signed his n~e~to by like o~er. · · . LOISk~ My comm~smon e~res ~.~,.,~ ~,~,~. ~~ ~ ~. ~ No. 01~1215g ~ ~ Publi~ ~ ~alifi~ in ~lk ~u~ ~ ~ ~ Surety Acknowledgment State of Ne~ York County of Nassau On this 11 day of August 1999 , before me personally came Theresa Burke to me known, wino, being by me duly sworn, did depose and say that he/she is an attorney in fact of _ , The Mountbatten Surety Company, Inc. , the corporation described in and which ~Xecuted the within instrument; that he knows the corporate seal of said corporation; that the seal afl-[xed to the within instrument is such corporate seal, and that he/she signed the said inStrUmentand affixed the said seal as Attorney-in-fact by authority of the Board of Directors of said corporation and by authority of this office under the standing resolution thereo~ ~My commission expires mlaNon F_xplres Feb. N~ary F~ublic THE MOUNTBATTEN SURETY COMPANY, INC. Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That The Mounthatten Surety Company, Inc., a corporation of the Commonwealth of =ennsyivania, has made, constituted and appointed, and by these presents does make, constitute and appoint. [~r~=a Burke, Don~ D~vis, Nicole Gruter, D~-yl Hamiltc~, An~h~!~ j. Banno, [z]uis J. S~i~a, Antl~x~ M. Spina, l~oara Walker ar~l/c~ ~ TI~:~[~ al l of SY~sset, N~ ts t~ue and law~i Atfomey-th-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments 3f a similar nature as fotiows: No'r To ~xc~e .~x ~a~LUON OOt. L~RS ($6,000,000.00) SUCh insurance policies, surety bonds, undertakings and inst~ments for said purposes, when duly executed by the aforesaid Attomey-in-Fact, shall be binding upon the said Corporation as tully and to the saree extent as if signed by the duly authorized officers of the Corporation and sealed with its corporate seal; and ali the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appoin~n~ant is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Corporation on Aughst 28, 1992 with all Amendments thereto and are still in full force and effect: "A~Jcts XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Inst~ureents Relating Thereto. Section t2-1. insurance policies, bonds, recognitions, stipulations, consents of surety and undenvriting undertakings of the Corporation, and re[eases, agreements and other writings relating in any way thereto or to any c~aim or Iasc thereunder, shall be signed in the name and on behalf of the Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary ar an Assistant Secretary; or b) by an Attoreeyqn-Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature; or c) by such other officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative. The authority of such Attorney-in-Fact and Agents shati be as preschbed in the increment evidencing their appointment Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." IN WITNESS WHEREOF, The Mounthatten Surety Company, Inc. has oaused these presents to be duly signed and its corporate sea[ to be hereunto affixed and duly attested this 24th day of June, 1998, County of Montgome~ THE MOUi~-BATTEN SURETY COMPANY, K~nneth L. Bbe~, President [NC. Notarial Seal Anthony T. Stewart, Notary Public Lower Menon Twp., Montgomery County My C~mmission Expires Audi. 5, 2002 Member, Psnnsytvanis Association et Notches On this 24th day of June, 1998, before me personally appeared Kenneth g Bder, President of The Mounthatten Surety Company, thc. with whom I am personally acquainted, whc, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is President of The Moantbatten Surety Company, !nc,, the corporation described in and which exeoated the foregoing InsthJment; that he knows the corporate seal of the said Corporation; that the seal affixed to said instrument is such curporata seal; that it was so affixed by order of the Board of Direc~ra of said Corporation; and that he signed his name thereto as Prasident of said Corporation by like authority, CERTIFICATE I, the undersigned Secretary of The Mountbatten Surety Company, Inc. do hereby ce~fy that the edginai Power of Attorney of which the foregoing is a full, t~ue and eon'act copy, is in full force and effect on the date of this Ce~ficete and I do further cei'flty that the Officer who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an Attomey-ir~Fact as provided in Section 12-1 of the By-Laws of The Mount~atten Surety Company, [nc. This Certificate may be signed and sealed by fansimile under and by authority of the following previsions of the ByA.aws of The Mounthatten Surety Company, inc.: "Section 12-2. The use of a printed facsimile of the csrporata seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any cer~flcsffon of the correctness of a copy of an instrument executed by an authorized person pursuant to Ar~c~e XII, Section 12-1 of the By-Laws appointing and ata~orizing an Attorney-in-Fact fo sign in the name and on behalf of the Corporation surety bonds, underwriting underlakings, or other instruments deschbed in said SeCtion 12-1, with like effect as if such seal and such signature had been manually affixed and made.' In Withees Whereof, 1 have hereunto set my hand and affixed the corporate seal of the Corporation to these presents This power of attorney ts ~~ ~--~'4~RdR1 and the original, md stamp affixed hereto. (Stamp) PROPOSAL FORM DATE: Name of Bidder: To: Southold Town Board Town Hall - 52095 Main Road Southold, NY 11971 Members of the Board: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principal 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 employment 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, including bidding requirements, contract, general and special conditions, specifications, contract drawings and addenda, if any; 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 is accepted he will contract to furnish all materials not provided by the Town and perform all the work required to construct, perform and complete the work at: The end of Rocky Point Road East Marion, NY 11939 and all other work in connection therewith, in accordance with contact documents .and addenda, if any, prepared by the Southold Community Development Office and shall comply with all the stipulations contained therein and will furnish the required Performance Bond and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH AND CONSTRUCT STAIRS AND LANDINGS AT THE END OF ROCKY POINT ROAD, EAST MARION, NY AS INDICATED ON THE SPECIFICATION SET FORTH IN THE BID DOCUMENTS. THE CONTRACTOR SHALL PROVIDE ALL LABOR AND MATERIALS TO CONSTRUCT THE PROJECT UN ACCORDANCE WITH THE CONT1L&CT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words;~~*-~----~,~-~'~-~5?~ ~t d52~-~ ~ / ' (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 to 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) day 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 fort3,-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: Telephone Number: Date: /? STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of an.y bidder certifies, and in the case of a joint bid. each part'/thereto certifies as to its own organization, under penal~ of perjury, that to the best of knowledge aed belief: (1) The prices in this bid have been arnved at independently without collusion, consultation, communication, or egreemenL for the purpose of restricting competition, as to any matter relating to such pdces with any other bidder or any competitor. (2) Unless othenc/ise required by law, the pdces 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, direc~Jy 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 resthctlng competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a cerdfied copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION (.Name of Coq3ora~ion) authorized to sign and submit the bid or proposal of this corporation for the following Project: STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD, EAST MARION, .NY 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 Mun~pal 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. 103-d, as amended effective September 1, 1965 (Signaturel Colonial Surety Company -- Inc. 1930 -- Administrative office; 50 Chestnut Ridge Road Montvale, New Jersey 07645 201-573-gTgg Fax 201=573-1062 · COLONIAL SURETY COMPANY Adminstrative Office 50 Chestnut Ridge Road Montvale, NJ 07645 201-573-8788 BID BOND Approved by The American Institute of Architects A.I.A. Document No. A-310(Feb. 1970 Edition) ,KNOW ALL MEN BY THESE PRESENTS, that we KJB INDUSTRIES INC. DBA EAGLE ASPHALT MAINTENANCE, Riverhead, NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called the Surety, are held and ftrmly bound unto Town of Southold, Southold, NY as Obligee, hereinafter called the Obligee, in the sum of 5% of amount bid2 .............................. 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 ~nb~doffO~ ~o Stair and Landing Replacement at the ad, East Marion, NY NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the mount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed th Erinn Finnegan Form C200-119 ll9th day fitness) (_fiVitness)~ of August 1999. MAINT~~KJB INDUSTRIES INC.~AGLE~~,~e~)ASPHALT (Principal) (Title) COLONIAL SURETY COMPANY (Seal) ~herryanne l~Pirro (Attorney-in-Fact) Chestnut Ridge Road, Montvale, New Jerse FO~nl S-10O-101 (Rev. 3/98) State of blew Jersey Count~ of Bergen On this ! 9th day of August , in the year 1999, before me Alayna Baldanza, a Notary Public, personally appeared Sherryanne DePirro, personally known to me to be the person who executed the within instrument as Attorney-in-Fact, on behalf of Colonial Surety Company therein named and acknowledged to me that the corporation executed it. Alayna Baldanza A Notary Public of New Jersey My Commission Expires September 2, 2002 ~ and for the County of B~ 'gen State of New Jersey COLONIAL SURETY COMPANY Duncannon, Pennsylvania - Inc 1930- FINANCIAL STATEMENT--DECEMBER 31, 1998 ASSETS *Stocks and Bonds .................... $ 4,057,504 Cash in Office & Banks .................. 848,716 Accrued Interest & Dividends ............. 61,375 Premiums & Agents Balances Receivable .... 390,410 Other Assets ......................... 688,360 Total Admitted Assets .............. 6,046,365 LIABILITIES & SURPLUS Reserve for Unearned Premiums .............. $959,185 Claim Reserves .......................... 1,123,000 Other Reserves .......................... 69,312 Collateral Held ........................... 677,107 Capital Stock ............................ 1,000,000 Surplus ................................ 2,217,761 Total Liabilities & Surplus ............... 6,046,365 *Bonds and stocks are valued on basis approved by National Association of tnsurance Commissioners, STATE OF NEW JERSEY COUNTY OF BERGEN SS.: I, Wayne Nunziata, President of COLONIAL SURETY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the Financial Statement of said Company, as of December 31,1999. IN WITNESS WHEREOF, I have signed this statement at Montvale, New Jersey, this 17th day of February, 1999. Jacqueline Berthelsen A Notary Public of New Jersey Wayne Nunziata President en J No~--"0J Public 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 (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID FOR REPLACEMENT OF STAIRS & LANDING AT END OF ROCKY POINT ROAD BID OPENING AT 10:00 A.M. THURSDAY, AUGUST 19, 1999 THREE (3) BIDS WERE RECEIVED AS FOLLOWS: SAmount of Bid Latham Sand & Gravel, Inc., PO Box 776 Orient, NY 11957 $27.350.00 o East Area General Contractors, Inc. PO Box 581 Speonk, NY 11972 $37,0`90.00 KJB Industries, Inc. 10, Center Drive Riverhead, NY 11901 $28.611.3.00 INVITATION TO BIDDERS: STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD EAST MARION, NY July 20, 1999 INDEX TO SPECIFICATIONS INVITATION TO BID & BIDDING REQUIREMENTS PROJECT DESCRIPTION INSTRUCTION TO BIDDERS PROPOSAL FORM STATEMENT OF NON-COLLUSION BID BOND OFFER OF SURETY GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION G ENEI~,L RELEASE PREVAILING WAGE RATES NON-DISCRIMINATION CLAUSE & COMPLIANCE WITH LABOR LAW INVITATION TO BID Project: Construction of stairs and landings at the end -of Rocky Point Road, East Marion, NY. The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as required for the construction of the stairs and landings at the end of Rocky Point Road, East Marion, NY, in accordance with the plans and specifications prepared by James A. Richter, R.A. Bids will be received at the Office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold NY 11971, until 10:00 a.m., Thursday, August 19, 1999. Ail specifications are provided herein: drawings to be attached. A fee of ten ($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 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: July 20, 1999 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southoid Town Clerk PROJECT DESCRIPTION CONSTRUCTION OF S'FAIIIS 8, LANDINGS AT THE END OF ROCKY POINT ROAD, EAST MARION, This project includes the construction of a set of stairs and landings at the end of Rocky Point Road, East Marion, NY, as omlined in the Stair & Landing Details, enclosed. Requests for additional information and all inquires should be directed to James A. Richter, R. A., Southold Town Hall, P.O. Box !179, Southold, NY 11971 (516) 765-1802 Instruction To Bidders A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidder shall write in ink, both in words & numerals, the price being proposed: to furnish all materials, equipment, tools, labor and services necessary for the proper completion of the work in accordance with the plans and specifications and subject, at all times, to the approval of the Town of Southold. Each proposal must be signed in writing, with the full name and address of the bidder. Proposal shall be addressed as indicated on Invitation for Bids and shall be delivered, enclosed in an opaque sealed envelope marked "Proposal" bearing the title of work, and the 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 price 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 specifications, visit the site and 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 in the specifications or other documents or should he be in doubt as to their meaning, he should at once notify the Southold Community Development Office who may issue a written instruction to all bidders. D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, 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 bidder, if it is in the best interest of the Town of Southold. 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 the 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 openings of proposals. The acceptance of proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of the bonds shall not be less than one hundred (100%) of the contract price of the work. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her request 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 is incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond may be rejected, any proposal having interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that he has available or under his control, plant, equipment and materials of the character and in the amount required to complete the proposed work in the specified time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond 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 of 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 there of shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME FOR EXECUTION OF CONTRACT WORK The contractor shall commence work within (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 sixty (60) working days. PROPOSAL FORM DATE: Name of Bidder: To: Southold Town Board Town Hall - 52095 Main Road Southold, NY 11971 Members of the Board: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principal 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 employment 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, including bidding requirements, contract, general and special conditions, specifications, contract drawings and addenda, if any; 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 is accepted he will contract to furnish all materials not provided by the Town and perform all the work required to construct, perform and complete the work at: The end of Rocky Point Road East Marion, NY 11939 and all other work in connection therewith, in accordance with contact documents and addenda, if any, prepared by the Southold Community Development Office and shall comply with all the stipulations contained therein and will furnish the required Performance Bond and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH AND CONSTRUCT STAIRS AND LANDINGS AT THE END OF ROCKY POINT ROAD, EAST MARION, NY AS INDICATED ON THE SPECIFICATION SET FORTH IN THE BID DOCUMENTS. THE CONTRACTOR SHALL PROVIDE ALL LABOR AND MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTR.~CT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written il~ 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 to 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) day 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.~.eextend this time period.D Signature of Bidder:~.-~.- .~ ~~-~ ) ~>q ¢ s. Business Address: hC*W~ ff~q~ ~ ~-L. ~c . Telephone Number: Date: STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Sect/on 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. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a ioint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge ~ad belief: (1) The pdces in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of resthcting competition, as to any matter relating to such pdces 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 disctosed by the bidder and will not knowingly be disclosed by the bidder pdor to opening, direc*Jy or indirec~y, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully inf(~rmed himself regarding the accuracy of the statements contained in d3is certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a cerdfied copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder RESOLUTION (Name of Corporation} authorized to sign and submit the bid or proposal of this corporation for the following Project: be STAIR & LANDhNG REPLACEMENT AT THE END OF ROCKY POINT ROAD, EAST MARION, .NY and to include in such bid or proposal the cer~cate 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 m~s- 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 j ~ T¢ day of (SEAL OF THE CORPORAl[ON) Laws of New Yod(, 1965 Ch. 75I, Sec. 103-d, as amended effective September 1, 1965 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe i J~J I~¥~ 51~ ~ ~* ~ ~ ~ ~ ~ · ~C (H~e inse~ full name and addr~s oe ~eg~l title oi Con[ractoO, as Principal, hereinaker called ~e Principal, and a corporation duty organized under the laws of the State of as Surety, hereinafter called the Sure~, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dotlars (5 ~ 3~0. ~ ), for the p~yment of which sum well ~nd truly to be made, the said Principal ~nd the said SureW, bind ourselves, our heirs, execu[ors, zdminis~r~[ors, successors and assigns, joindy ~nd severally, ~irmJy these present. WHEREAS, the Principal has submi[ted z bid ~or NOW, THEREFORE, if :he Obligee shall acceot the bid of the Principal and the Pnnopal shall enter into a Contract with the Obligee in accordance with :he terms of such bid. and give such bond or bonds as may be s~eciRed in the bidding or Contract Documenl5 with good and sufficient surety for the faithful performance oi such Contract and for the promot payment of labor and material furnished in the prosecution :hereof, or in the event oi the failure of the Prindpal to enter such Contrac~ znd give such bond or bonds, if the Principal shall pay to the Oblig~ the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void. otherwise to remain in full force and effect. Signed and sealed this I-/~'~ (Tide1 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: Signed: SURETY ~COMPANY 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 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. .T H .~ A M E R I C ,,, :~ [ N $ T [ T U T E ~ F :~ R £ H [ T E C T AIM Docz~ment ,-1201 General Conditions of the Contract for Construction THIS DOCUME.',T HAS I.I[PORTA.ST LZG.qL CONSE,~I.'ENCES: CO.VSULTATZON W~tTH A,V ATTOR:VEY IS E. vcouP..4CED tr/[TH REZPECT TO ITS MOD[F[C-4TION 1987 EDIT]ON TABLE OF ARTICLES 1. GE.NERAL PROVISIONS 2. O~ _~ER 3. CONT~,CTOR 4. ADMINISTRATION OF THE CONTI:C~CT 5. S UBCONTIC~CTORS 6. CONSTRUCTION BY OWNER OR BY SE P,%RATE CONTRACTORS 7. CH.A,"~GES IN THE WORK 8. TIME 9. PAYME.NTS ,MND COMPLETION 10. PROTECTION OF PERSONS A~"~'D PROPERTY l i, [NSUIC~.~'CE ANT) BONDS 12. UNCOVERING ,-~'~'D CORRECTION OF WORK 13. MTSCELL.~'qEOUS PROVISIONS [4. TER,'v[LN'ATION OR SUSPENSION OF TNE CONTPO-CT A201-1987 1 INDEX Acceptance of Noncon/ormincJ Work ......... 9.6.6, 9.9.5, 12.3 Acceptance of Work ...... 9.6.6.9.8.2.9.9.3.9.10.1.9.10.3 .~.ccident Prevennon ................... 4.2.3. tO ACS :mc;Omissions . 3.2.1, 3.2.2.3.3.2.3.12.8.3,18, 4.2.3.4.3,2, Ad.~ir~orml Cost. CD. LIn $ for ........ 4.3.6. 4.3.7, 4.3.9, 6.1. I. t0.3 xd.~itionmi Time. Clmrn~ for ........... 4.3.6. 4.3.8. 4.3.9.8.3.2 AnMINISTRATION O F THE CONTFtACT ...... 3.3.3.4.9.4.9.5 Allowances ............................ 3.8 All-r~k Insurance ......................... 11.3. I. i Ap~lications for Payment , 4.2.5.7.3.7.92.9.3, 9.4, 9.5.1,9.6.3. Approv=k5 . 2.4.3.3.3.5.5.3.10.2.3.12.-~ dqrough 3. I2.8. 3.18.3. 94.95.96.3.9.8.2.98.3.9101.9 I0.3. 12.512.2. I. 135t. I3.5.2. t~.2.2. !4.2.4 9.9.2. 9.10.1. 155 Arci'titect's 5icc vist£s 4.2.2.4.2.5..~.2.9.4.~ 6, 9 .~.2.95. I. 98.2.9.92. 9 10 [. I55 CaOitaflzatlon ....................................... Cerbficatss ~or Paymen! ...... 4.2.5,4.2.9,9.3.3,8.4,9.5,9.6.1, Cermacates oHasuranc: .................. 9.3.2.9.I0.2.11.1.3 Change Orbem ...... 1.1.1, 2.4.1.3.8.2.4, 3.I I. 4.2.8.4.3.3, 5.2.3, Ci~mge Orde-~. Definition of .......................... 7.2.1 CHANGES IN THE WORK .... 3.I 1.4.2.8, 7, 8.5.1.9.3.1.1, 10.1.3 Claim. Definition of ............................... 4.3.1 Claims and Dlspute:s .............. 4.3, 4.4. ~.5.6.2.5.8.3.2, 9.3.1.2.9.3.3. 9.i0.-~. 10.1.4 Claims snd Tlmely Asserfion of Claims ............... 4.5.6 Claims for Additional Cost ..... 4.3.6.4.3.7, .~.3.9.6. t. 1.10.3 Claims for Addlfionsl Time ........... ~.3.6.4.3.8, 4.3.9.8.3.2 Claims for Concealed or Unknown Conditions ....... 4.3.8 Clmms for D;mmge~... 3.18. 4.3.9. 6. l.l. 6.2.5.8.32.9.5.1.2. tO. IA Cleaning Up ........................... 3.'i8, 6.3 Commencement of Statutory Limimfian Pedod ....... 13.7 Comment:merit o~ the Wodi. Conc[ittorts Relating ;o ...... 2.!,2. Completion. Conditions Re!sung co .... 5.1 l 3 i 5.4.2.2.4.2.9. Completion. Substancz~i ..... 4,2.9.4.3.52. S. I. I. 8.1.3.82.3, CompiiancewittiLaws 1.3.36.37.3.13.4.11.10.2.2.11.1. 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 Con~t ruction Change Directive. Dctini£ion o f .......... 7.3.1 ConflncJent Assignment of Suticontmcts .......... 5.4 CONTRACT, TERMINATION OR SUSPENSION OFTHE .......... 4.3.7. 5.4.1.1. 14 Contract Documents, The 1.1, 12.7 Corm'act Sum ....... 5.8.4.36.4.37.4.44.5.2.5. 2 A201-1987 CONTRACTOR ............................ 3 Contractor, Definition o~ .................... 3.1, 6.1.2 Cantr-actor' ~ Construction $chedulea .......... 3.~0, 6. !.3 3.[8.1, 3.18.2, 5.2, 5.3, 5.,~. 9,6,2, 11.3.7, 11.3.8. I4.2.1.2 Emenleflcies ...................... 4.3.7, 10.3 3.8.2. 3.12.3. 3.12.7, 3.12.1[, 3.13, 3.15A. 4.2.7, 6.2.1. -36, 9.3.2. 9.3.3, [I.3, [2.2.4. 1~ 4.3.5,9.10, t~.[.2. [[.i.3. [l.3.5, 12.3.1, I3.7 GENEFIAL PROVISIONS ................... 1 Governing Law 13.1 Information and Semices Required of the Owner . 2.1 2.2.2, ~.3.~. 6. I.3. b,[.4. 6.2.6, 93.2, 96 t, 96.m 98.3. 992. 9. i0.3. to. IA. tl.2. 11.3, 13.5.1. ~35.2 Insurance, Lo~ of Use ..... : t1.3 5 Insurance, Owner's [Jahillty 11,2 3~8.2. 3.10. 3.12.5. 315.I. 4.2.1. 4.2.7. 4.2.1I. 4.3.2, 4.3.3, 4.3.4.4.3.6. 4.3.9. 4.5.4.2. 5.2. l. 5.2.3.6.2.4. 7.3.4, 8.2.95.9.6.2,9.8.99.9.10. 11.1.3, 11.3.1, 11.3.2. 11.3.5. 11.3.6, I2.2.1. 12.2.2. 13~5. I3.7 3A5.i, 4.2.1. 4.2. ll. 4.3. 4.4. 4.5. 5.3. 5.4. 7.3.5, 7.3.9, 8.2. 92, 9.3.1, 9.3.3. 9.~.h 9.6.1.9.7. 9.8.2. 9,10.2, 11.1.3. 11.5.6~ 9.3.1, 9.3.1.2. 935. 9.-~.2.9.6.5, 9.10.-~ x, latenols, Labor. Equipment and ..... I. 1.3. I. 1.6. 3.`+. 3.5. h 38.2. 3.12.2, 3.12.3. 5.I2.7. 3.12.1l. 3.13. 3.15.1. *.2.-, 6.2. h MISCELLANEOUS PROVISIONS ........... 1;3 Owner's Right to Stop l~le Work .............. 2.3, -~.3.7 Ownership and Use of Architect's Drawings, Specifications parttat Occupancy or Use .............. 96.6.9.9, [t.3.t I Patching, Cutting a~d ................... 3.14, 6.2.6 patsnts, Royalties and ...................... 3.17 Payment, AppBcations for .......... .~.2.5.92.9.3, 9.-+.. Payment, Ceraflc~ts~ for ........ +.2.5, ~.2.9.9.5.3, 9.4, 9.5, PAYMENTS AND COMPLETION 9, I~ Rules and Notices for Att~itraflon ............ 4.5.2 Safer7 of Pemorm and P~operty 10.2 Safe~ Precau~lom$ and Programs ..... 4.2.). ..2.-. 10.1 Samples, Definiaon of 3.12.3 Sampte~ at the Sits, Doct~ments and ......... 3.11 Sctleduie of Values ..................... 9~2, 9.5A Shop Orawings, Product Data and Sampla$ .... 3.I l. 3.12, 4.2.7 9.4.2. 9 SA. 98.2. 9.92.9.10 [, 13.5 Specifications, Definition of the 1.1.6 SUBCONTRACTORS Suspension by the Owner for Convenience ............ 14.3 Susger~iori or Termination o f the Contract ...... ~.3.7.5.4.1.I. 14 Taxes .................................... 3.6, 73.6.4 Termination by the Contrector ....................... 14.1 Terminatlort by tile Owner fo~ Cause ............ 5.4.1.1,14.2 TERMINATION OR SUSPENSION OF THE CONTRACT ...... 14 Tests and Inspecllons 3.33, .-.6. w.-.9.9,~ ....... I. 13.5 TIME .............................................. 8 Time, Delays and Extensions of ............ 4.3.8.7.2. [. 8.~ 9.5.3. 9.4.1. 9.6.1.97. 9.8.2.9.[0.2. I [.1.3. [1.3.6. [ 1.3.1o. Time Idmit~ on Claims ...... 4.3.2.4.3.3, 4.5.6. 4.3.9.4,4. ~. 5 Title to Work ....................... 9.3.2.9.3.3 UNCOVERING AND CORRECTION OF WORK ...... 12 Uncovering of Wort( 12.1 Values, Schedule of 9.2, 95 I Waiver of Claims: Final Payment 4.3.5, 4.5. [. g [0.3 *3.5.3. 935. 98.2, 99 t. 12.2.2. 13 - I 3 AC?.01 - 1987 5 GENER.LL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE I GENERAL PROVISIONS 1.1 BASIC DF_F~NrrIoNS 1.1.1 THE CONTRACT DOCUMENTS Owner :md Contractor (heretnm"ter the Agre-,.mcnt), Condinons at' thc Contract (General. Supplcmmmr'y md omer Condiuom), Drawings, Speci~imuon~, addend~ tSSUed pnor to execution of the Contract, other documents listed tn tine Agreement and Moditkarions ~ued aRer ~xecution of the Contmc=. A Moditi- cgtion is (1) ~. written amendment to the Contract signed by both parity, (2~ a C,h:mSe Order. (3) a Cormr~tction C,h~lge Direcnve or (4) 2. writ:ten order for a m~or cim%-qge in the Work issued by the .~chi[ec[. Unless specificn.[iy enumerated tn the Agreement, the Contract Documents do not include other documents such as bidding requirements (advero.~'_ment or invttation to bid. Instmcno['.5 co Bidde~. s2anpie forms, the Corttmctor's bid or pomor~s of addend= relating co bidding requirements). 1.1.2 THE CONTRACT tmcr may be amended or modified only By a ),iodific=tion. The cu.rfi re.~ationsnlp of my kind 111 bemteen die .~mhitect and Con- 1.1.3 THE WORX required by the Commc[ Documents. whether completed or p~n~I¥ compiemd. :md ,.ncludes ~1! other labor, m=tenz!~. equipment =nd s~rvices pm~ded or co be providert by the Contractor co ~[F~I the Contr~c[or's obii~tions. The Work 1.1.4 THE PROJECT The Proiect is :he total coo.s[mcuon of which me Work per- uies :nd diagrams. The Project Manual ~s thc volume usually assembled for the Work which ma':.' tnclude thc b~dding requirements, sample ~orms, Conditions of the Contr=a :md Spec~mtions. 1.2 E(ECUTION, CORRELATION AND INTE~ 1.2.1 The Con~c~ Documents si'mil be signed by ~e Owner and Contractor as provided tn thc A~ent. If rather the Owner or Conwactor or both do not s%n all the Contract Documents. the Architect sPmll identify such unsigned Docu: merits upon request. 1.2.2 Execudon of the Contrac~ by the Contractor is a repre- sentation that the Contractor ~ ,4sited, the site, become famil- mr with Ioc=l conditions under which r~e Work is to' be per- formed :md correlated pe..sorml observations with require- merits of r~qe Cono'=c~ Docttments. 1.2..3 The intent or' the Contmm Ooctwnents m tn tnclude ~i] items necessary for 'd~e proper ~-xcoanon :md completion of the Work by the Contractor. The Contmc~ Documents ~ compic- men~rv, :md v-nat is rcqmred by one sPmJl be as binding as if required by ~il; pcfforrrmnce by die Contractor sPml[ be requured only tn ine extent core,stent with d1¢ Commc~ Docu- me.nts :nd re-osonably infer'able from them as being nece~sar'5' to produc= the tntendcd 1.2.40rg:tniz~non of the Spec~mdons Lntn divisions. and :k-ticles, :md :,rr'zngement of Dmw~gs si-m3, not control the Conra~¢:or in ~vidJrl~ the Work awnori~ Subcon~c~or5 or in estabiistitng the mxte~t of Work to be pe~orrned by my trade. 1.2.5 L'nl~ss otherwise st;ted in thc Con.ct Documents. OWNERSHIP AND USS OF ARCHITECT'S DRAWINGS, SPECIFICATIONS ANri OTHER OOCUMEN"I~ 1..,1.1 The Drawings, Spec~icarJons and other documents pre~:zred by the .~chimct are ~trm'nents of the Mchitecfs servic~ through ~bich the Work ro be excc'dted by the Con- claim ~ copyn~t tn the Dra?.'tng~. Specifications :.nd other indic:ted the .M'c.n~mc'. sh~l be deemed the ;uthor of them :md The Drawings. 5~eciQc:mons :md other d. ocuments prepared by ine A~chit¢c:. ~qd copie~ ~eof fummhed to the Contrac- 6 A201-1987 and material or equipment supplie.-~ are granted :z limited license to use and reproduce applicable portions of the Draw- logs, SpecLficar~ons and other documents prepared by the ~chitect appropnare to and /or use in ~e e.xecunon of their this ticense sh~ bca.r the scarutory copY~ght notice, if any, shown on the Drawings. SpecLficarions and other documents prepaxed by the Architect. Submittal or distribution to m~t offic~ regulatory requkements or for other purposes in con- nCCnon with r_his Project is not tO be co.trued a.s publication in dero~tion of the Ard-urec~'s copyright or other' re~e.,'ved rights. 1.4 CAp IT AI..~.ATIO N 1.4.1 Terms ~pit,'~zed in thc.~ C-cn¢c~i Con~fions include those wr4ch arc (U spcdfic:~J? dc~ned, (2} cbt ~cs a~ num- bered m-ddes and identified references co paragraphs, Subpara- graphs :md Clauses in the docttment or (3) the Utles of other documents published by the .~nerican institute of .~gitects. 1,5 INTERPRETATION 1.5.1 In the interest of brevity the Cooer=ct Documents fre- quently omit modifying words such ~ .,~ll- ~d "m3.¥" :md m-tn ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is ~he ge.,~on or enuq' identified as such in the Agreement and is referred to throughout thc Cont~ct Documents =s if singular in number. The te.."m "Owner' me"w,s the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable wnnen request sh~ll fumksh to the Contractor in writing informauon which ~ nec~sa~' anu re!evant for the Contractor ro evaltm~e, g~ve nouce of or enforce mechanic's lien dghts. Such information shall include a correc~ statement o~ the record legal title to the property, on which the Proiect ks tooted, ususlly refen'ed to as the site. ;.md the Owner's interest therein at the time of execuuon of the Agreement and, within five days after any change, thformation of such d~ange in title, recorded Or tmrecorded. 2.2 INFORMATION ANn SERVICES REGUIRED OF THE OWNER 2.2.1 The Owner shrill, at the request of the Contr=ctor, pnor of the Project. ~d a ~ desc~ption of ~e si~e. facJities. be ftm~hed by the Owner with reasonable promptne~ to avoid deb. y to_ ordedy pro~ of ~e Wor~. 2.2.5 U~s o~c provided ~ ~e Con.ct Do~cnm. the Con,mc:or w~ be ~h~. ~ of ch.e, ~ch copi~ of Dmwm~ md Proie~ ~ = xc r~on~ly nec=s~ for cx~mon of ~e Work. 2.2.fi ~e forgoing ~e m =d~tion ~o o~er duu~ ~d ~pon- sib~ti~ of ~e Owner ~cmtcd helm md mpec~y ~ose m rmp~ to .~de 6 (Co~cuon by O~er or by S~mre Con~omL .~cle 9 (P=~en~ md Compledon) md .~cle 1 1 (I~ce md ~n~). O~N~'S HI~ TO ~OP ~ WOHK 2.~.1 ff ~c Con~or ~ to co~ Wa?< whicq m no~ m accor~ce wire ~e ~m~ of ~e Contra ~= = rcqmred by ~ph 12.2 or ~mm~endy ~ ~O ~ out Work m acco~ce wi~ ~e Con~ Do~en~, ~e Owner, by w~tten or~r si~ pe~o~y or by m agmt ~eo~y so cm~wer~ bv me Owner ~ wining, may order ~c Contmc- such order ~ been ~t~ however, ~e n~t of ~e of ~e Owner :o ~xerme ~ m~t for ~e b~qefit of ~e Con- r~ed by Subp~ph 6.1.3. 2.4 OWN~q'S RIGHT TO CA~RY OUT ~E WORK 2.4.1 ff thc Conjuror de[:~ or n~ec~ ~o c~' out ~e Ch~gc Ordc~ sh~ bc ~u~ d~u~g ~)m p=ymen~ then or the~ duc thc Con~o~ ~e cns~ o( co~mg such deft- ~. indu~g com~=uo~ ~r ~c .~chi[ect's :ddirion~ s~c~ ~d c~e~ ~dc n~' by such defuulL n~e~ ARTICLE 3 3.1 CONTRACTOR DEFINmON A201-lgB7 T 3.2 REVIEW OF CONTRAC"~.. DOCUMENTS ANO FIELD CONOITIONS BY CO~CTOR 3.2.1 The Contractor shall care~lly study aid compare the furnished by the Owner pursuant Io Subpazmgr~pi~ 2.2.2 aici and knowungly f;~Jled to repor~ it to the ArchitecL ff the Con- tot shaft assume ;ppropri~te responsibilky for such perl'or- Suant to p,ar~graph 3.12. 3.5 WARRANTY materials aid equipment furnished under the Contract will be of good quality and new unless other;vise required or permit- from defects not inherent in the quality required or permitted. and that the Work will conform with the requirements of the Contract Documents. Wor~ not conforming to these require- merits, LnCinding substitutiort~ not properly approved aid authorized, may be considered defective, The Contractor's warranty excludes remedy for ck~nage or defect caused by abuse, modifications not execute~ By the Contractor. improper =,'e-.a' and tear under normal usage. If required By the ..krchitecr. thc Contractor shall furnish satm~actory evidence = to me kind and quality of material~ aid equipment. 3.6 TAXES 3.$.1 The Contracrot' shall pay sales, consumer, use ~nd similar. re.xes for the Work or portions thereof provided by the Con- schcauied to go ~nto effect. 3,7 PERMITS, FE.i~S AND NOTICES 3.7.1 L'niess otherwise provided in the Contract D,ocuments. shall promptly notil~/ the .~chitect :md Owner in wining, and necessary changes shall be accomplished by appropriate 3.7.4 If the ContracTor performs Work knowing it to be con- traO' to laws. statutes, ordinances, budding codes, md rules and the Contractor shall assume full ?ezponsibility for such Work and shall be'ar the attributable costs, 3.8 ALLOWANCES 3.8,1 The Contractor shall include in the Contract Sum ail by allowunces shall ~e supplied R)r such arnounr,s and Dy such selected promptly by the Owner to a,.'~)id, demy in ~he 8 A201-1987 .S Contractor's costs [or unloading :mc h~tdling at the stte. labor, insr.~ll~tion co$r5, overhe2d, profit mid the Contract Sum sh:dl be adjuatea accordingly by Chzmgc OrOcr. The :Lmounr of die Chrmg¢ Order shy mflcc[ (I) die difference betw~n ac,'u:J costs :md die allowmccs under Cl,.use 3.8.2.2 and 12) ahang~ tn Contractor's costs under Clause 5.8.2.5 3,9 SUPERINTENDENT 3.9.1 'Fac Contractor sh~ll emplo? a compe:ent supednten- Proiecr site during pcrforrnmce o~ die Work. TI'lc supennren- to the superintendent sh~ll be ~ binding as it' given to die Can- ing. Odier commumcarions sh-,,Jl be similariy confirmed on 3.10 DONTP. ACTOR'S ¢ONS'D:IUCTION SCHEDULES 3.10.1 ~qe Contractor. prompd? ~:rer be.,ng av..~¢cd the Con- 3.10.2 T~:c Cuntr::cror hqml pm~:~-e ~nd kc=7 :'-'rr~nr. ti)r ;nc 3.11 OOCUMENT$ AND SAMPLE.5 AT THE one recurd cop}' of die Drawing.s. Sp¢cific:.rions. addend.:. Change Ordem :,nd other Modific"~tions. in gnod order :md uc: Dam. S2mplcs :md simti~ required subm~tr, xls. These shall be avmlahle ~o die .M'chirect 2,nd sh-,ll be delive.,-ed 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings ~r~ dr"awm_/as, diugr, un~. :chuduiu~ :mci {~th~r d:r~ specmily prep:~red f()r dic Work by t~ Contm{_-ror 2.12.2 Prrlduc: Data are illtLsrmri(lns, stand:rd schedule,, per- 3.12.3 5nmpte~ :~c physic:~l =x::mplcs ,",'n!ch illusrrxrc which suPmitt:';Is are required :he way the Contractor proposes ~ subject :o :~e limitations of Subp~p~ 4.2.7. 3.12.5 The Contractor sh~ review, approve ~d submit co ~e .~chite~ Shop Drawings. Product Dam. 5~ptes md s~.~ able prompm~s md in suoh ~quence ~ to ~c no de~:y ~ r~uired by me Conrmm ~enu may be rammed without 3.12.7 B? approving :md ~ubmiding Shop Dr'awing.s. Product di:~t the Contractor ~ d~re.wnincd :md venfied murenals, fieid 3.12.8 The Contractor sh:~J nor be reii~ved of responsibility A201-1987 9 not be unr~-,_sonably wichheld. The Conr~cl:or sh~ not Commctor's comem to ~g or o~e~Be ~te~g ~e Wo~. 3.15 CLONING UP 3.15.1 ~e Con~ctor sh~ keep ~e prem~ md ~ound- ~g ~m Dee from ack.don of ~e m=te~ or mbb~h mined by opemdom ~der ~e Comm~. A~ completion of ~e Work the Commaor sh~ r~ove ~om md about Se Pro,eot equipment. ~me~ md su~l~ ma~e~. a.lS`2 ~ me Comm~or ~ [o d~ up = provided m ~e Con,ac= Do~, ~e Owner my do ~o md ~e cost [her~i sh~ be ~ to ~e Commcor. 3.16 ACCE~ TO WORK 3.16.1 The Commctor sh~ provide ~e Owner md Ar~t~[ acc~ to ~e Work a pr~maon ~d progr~ wherever 3.17 ROYALT~ AND PA~N~ 3.17.1 ~e Conrmc~or s~ pay ~ ro~ md ~ce~ The Conrmc=or sh~ defend suim or c~ for m(~g~m[ of patent d~m md sh~ hold the Owner md Architect Dom io~ on accost ~eof. but s~ not be rmpo~ible for such delete or loss when a p~ dmi~. proc~ or pmd- in/~gemen~ of a pa~en[, me Con,mc:or sh~l be responsible such ~o~ unless such info~a[ion ~ prompdy ~rnished to me 3.18 3.18.1 To ~e ~[lm[ extent pe~ined by aw. ehe Commctor sh~ ~demni~ md hold h~l~ ~e Owner. Mchi[e~..~chl- :ect's co.ultra, md =gen~ md employes of my of ~em from ~d a~ns~ c~s. ~=g~. in~ ~d expensm, includ- ing but not limi[e~ [o attorneys' f~. a~ing out of or from perfo~mce of the Work, provided that such c~. ~- age. loss or exp~e B attributable [o bod~y iniu~. dB~e or dinah, or to ~iuW ~o or d~[m~ion of ~gible prop- e~ (other ~ ~e Work iaelfl including Io~ of ~ r~ulting therefrom, but only to ~e e~em mined a whole or in pa~ by n~igen~ a~ or om~io~ of ~e Comnc[or. a Subcomm~or. ~yone ~ectly or ~r~ly employed by ~em or myone for whose acm they muy be ~ble, ~dl~ of whether or no~ ~uch cl~m. ~age. I~s or e~e~¢ ~ ~med in pm by a to ne~te, abridge, or reduce other d~m or obligatio~ of d~cnbe~ ~ [h~ P~g~ph 3.18. 3.18.2 ~ cla~s a~nst my pe~on or entity indemi~ed under this Pa~ph 3.18 by ~ empioye~ of the Com=ctor, tion oOligation under this P~gnph 5.18 sh~l not be i~i[ed by 3.18.3 ~e obii~tiom of ~e Com=~or under ma feet's consultants, :md agents and e~mploye.'~ of any of them ;kdsthg out of (1) the preparation or approval of maps, drawings, opimons, report, s, surveys. Change Ordecs. dmigns or specific.u- norm, or (2) the giving of or the ~a~iure to give dkecdon~ or in.strucdon5 by d~c .~'cJqitec[, the ,.Lcc2titect's cortsulr~ints, as~.d agents and empioyee~ of any of them promded such givthg or f'allure to give is r~e pnmm-y mu.se of the inlury or ckan~ge. ART1CL~ 4 ADMINISTRATION OF THE CONTRACT 4,1 ARCHITECT 4.1.1 The Architec[ is the person Iawfuil.v lic~.-m, sed to pr'acdce architecture, or an char? I~w'6ally praCmc, ng ~rc,hitecmre iden- tilled ms such in the .~reement and is referred to throughout the Conwaa Documents ms i~ singulm' in amber. The term ".~-chitec'z" me:ms the .~chitecz or the ..',..rc.~itect's auaorized 4.1,2 Duties, r~poasihilirie~ and [imitatiom of anthonty of the Architect as set forth in the Contract Documents stroll not be sorml~ly wid~e!d. 4.!.'~ D. case of termination of ~'npio}~nent of the Architect, the Owner si'mil appoint an arcnltecz against whom th.e Con- the Contract Doc',.unents shall be that of the focmer architec:.. 4.1.4 Dtsputes ar.sing under Subpam~mpi~s -~.I.2 and 4.1.3 sh':ll Be subjec~ to ~itration. 4.2 ARCHITECT'S A ri MINI:STt:~TIO N OF THE GONTI~,CT 4`2.1 The Architec~ will pm~zide administration of the Contr-ac: ms ctmcrihed in ~e Cot. tract Doom:,.e::...ts, and w,al be the Owne:"s representative (l) during cortsmicuon. (2) ,,ma Final pnyment is due :and (3) '~,'ith Ihe Owe, er 5 conoarrenc:, from time ro time during the correc'don pe~i. lod d~icribed in ?:,~- graph 12.2. The Arclqitect wdl advL~: and consult with me Owner. The .M-chite~ wtll have ~uti'lon~.' to act on behal~ of the Owner only to the extent provided in the Contract Do 'o. mqents. unless otherwise modified by written u'~tmment in accord:race with other provisiom of the Contract. ,i.2`2 The Architect will visit the site at intervaLs appropriate to the stage of cortstrtiction to become generally f:u'nilim- with the progrexs and qtm.lity of the completect Work and to de,.ermthe tn general if the Wo~ is bethg performed in = manner indict- ing d'mt ~e Work, when completed, w,,it be m accordance with to c~eck qu~iq,, or qu:muty of the Work. On the b:a.sa o~ on- Owner informed of progress of the Work. and w~ll enc. eavor to guard the Owner ag:an.st defects and deti. c:enc, cs in cbc Work. soleiy the Contractor's re~pon.sthili~ = providen in ?vw'.4~.ph 3.3. The Architec~ vall not be re~ponstbie for ~e Coatm~cr s fmlure to ~rr',.,' out ine Work in =ccort~c.- with the Contac: o£ anti wi.Il not be .,.~ponsthie for acts or orriI.~inn~ oi the Con- 10 A201-1987 od~es persons performing portions of Lhe Work. 4.2..4 ~mmuni~flo~ Facfll~flng ~n~ Adminis~ tlon. Excel ~ o~e~e p~vided ~ ~e Con~c: Do~en~ ~te ~rou~ ~¢ .~t~=. Co~o~ by ~d wi~ .~itees's co~t~ s~ be ~ou~ ~e M~ite~, Co~u- sh~ be ~rOU~ ~e Con~or. Comm~fio~ by md s~te con~cro~ s~ be ~rou~ ~e O~er. 4.2.5 B~ed on ~e .~itect's ob~Qo~ ~d ev~tio~ of the Commaor's Appflcano~ for P=~, ~e .~re~ ~ue Cenffi~t~ for P=~ m m~ ~o~. 4.2.5 ~e .~i[~t w~ have au~odw [o ~ Work which non of ~e ~¢en[ of ~e Con~ Do~en~, ~e .~[~ have =uthoaw ~o eeqmre ;d~ao~ ~p~don or [~ of Work ~ ~c¢or~c¢ w~ Sub~p~ 1}.5.2 ~d 15.53, w~e~er or no[ soc~ Wo~ ~ fibn~[~, ~ed or compiesed. However, nm~er th~ ;u~odW o~ ~e .M~[~ nor a d~ion au~on[y sh~ We ~e [o a duw or r~po~ib~icy oi~e .~chi- supplie~, ~e~ asenm or employ~, or o~er pemo~ 4.2.7 Thc .~chi[ecr w~ review ~d app~ve or ~e ~hop Dmwm~. Product ~=~ ~d S~pl~, but only (or i~i¢¢d pu~os¢ of ch~l~g ~or confo~c= wi~ info.anon ;s no[ conduc:ed tbr the pu~o~ of de[e~mg thc ma completeness of other de~ soch ~ ~e~io~ md perfo~ce of equipmem or sysee~. ~ oi which rem~ e~po~;bili~' of [he Contac=or ~ requir~ by ~ Con[mm ~ sh~l not relieve ~e Contractor of ~e obli~oo~ under P~p~ 5.5, }.5 ~d ~.12. ~e Mchi[~'s review s~ 4.2.8 The .~c~i[em w~ prep~e Ch~ge Ordem md Consimc* me Work ~ prov~aea in P~ph 7,~. 4.2.10 If ~e Owne~ ~d .~chi[~ =~, ~e .M~t~t ~ out ~e .architect's responsibilities at the site. The duties. r~ponsib~ties ~nd limitauons of auG':ofirf of suc_h prolect tepre~en~auves shall be ~s set forth in an exhibit to be incorpo- rated in the Contract Documents. with tm.sortable prompmess and within any r~ne limits agreed upon. tf no a~t a ~de concerning ~e ~e wi~m ~hed m compli~ce wi~ ~ P~ph 4.2, ~ de~y sh~ not be r~o~ed on accost of ~ure by ~e ~i[~ to ~r- n~h ~h ~[e~re~nO~ ~ 15 ~ ~er written requ~[ ~ made for ~em. 4.2.12 [nte,,'premtions =nd decisions of the .architec~ will be consistent with the intent of and re"-sormbly ir~emble from me Contract Documents and wtll be in writing or in ~e form of drawings. When making such. interpretations and decminns, the .archit¢'c~ will endeavor to secure ~mthrhl performance by bod~ Owner and Commc~or, will not show partiality to either and vail not be liable for results of interpretations or decminns so trades-'ed in good P'2th. 4.2.13 The ,architect's decisions on matters relating to aesthetic effect w,dl be final if consmtent with the intent e.'vpressed in Contrac: Documents. 4.3 CLAIMS AND OISPgTF-S 4.3.1 Definition. A C~m Ls a dem:md or ~.sse:~ion by one of :he part~es seeking, ~ a matter of d~t. adi~tment or mre~re- muon of Contract :e~. pamen~ of mon~*, extemton ~e~ "C~" ~o mcludm o~er ~puzes ~d ma~re~ in qu~- The r~9o~ibflky tO substmtm[e p~ m~mg me C~. 4.3.2 O~ision of lahit~ ~, mcluaing ~o~ ~egmg m exor or om~ion by the .Mchite~. 5N~ be referrea ini[i~y to ~e .~chitect for action ~ provide~ a Prograph 4.~. A ~eci- sion by ~e .~i[~t. ~ p~vid~ in Subpm~ph ~.t.4. be requir~ ~ a con~[ion pr~t ~ xbi[m~on or li[i~aon of n C~ ~'~q me Commctor md Owner = :o ~ su~ mu~tem ~ing prior to ~e ~e fln~ ~em ~ due. ~rdl~s · e ~ork or (2) me ex~en~ to which ae ~or~ h= been com- plesed. The decminn by ~e Mchite~ ~ rmpom¢ [o a C~ the even[( 1 ) the posinoa of.~chi[ecr m vast. (2) the .~cNi[ec: within a~eed ~e ~mi~. (3) =cuon eequir~ under 5ubpam~ph 4.4.! wi~in me C~ ~ ma~e. (~) ~5 ~ys hnve p~sea aker me C!~ 4.3.3 Time kimits on Claims. Clmms by eimer party must be A201-1987 11 4.3.4 Continuing Contract Performance. Pendin$ ~nal reso- lution of a Clmrn including arbittnr~on, unless odierwtse agree~d in writing the Contractor shall proce~d diligendy with perfor- mance of the Contract and the Owner shall conunue to make paymenm in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment Thc making o( Cmai payment shall coo~timte a waiver of Clmms by the Owner except those arming from: .1 liens. Claims. security interests or encumbrances lng out of the Contract and unsettled: .2 failure of the Work :o comply with the cequtrements of tile Contract Documents: or .3 terrn.s of sped21 warrantie~ requLmd by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. if con- ditions are c~countered at the site which are (1) subsucface or odie~vtse conce':Aed physic-'__A condition~ which differ materi- ally from those indicated in the Contract Documents or unknown physicaJ conditions of an UnLL~UaJ nature, which. [er mater~iy from those ordinarily found to e.x~t and gene:-.Jly charac=er provided for in the Contract Doo, zmems, then ooticz by the observing party shall be given to die other parc,:' dian 21 clays after flint observance of ine condiuons. The .~chi- [ect wdl promptly investigate such conditions and, if diey differ 4.3.7 Claims for Addifianal Cost If the Contractor .".'tshes as provided herein shall be given before proce~Ling to execute the Work. Prior notice is not required for Claim~ m'iat~g to an emergency endangering life or property ar~ing under graph 10.3, [f the Contractor believes additionM cost 4.3.8 Claims tor Additional Time 4.3.8.1 I! :he Contractor w~hcs :o make C!mm for m incre'.~-e scheduled corLstrucuon. 4.3.9 Injury or Damage to Person or Property. If either p~rcy be~use of ~ act or om~ion of ~e o~er ~, of ~y of o~cr p~'s ~ploy~ or agenm, or of o~e~ for whose ac~ such p~' ~ [~y ~ble. written notice of such ~ju~ or ~ge. whether or not ~ured, sh~ be Wen rd ~e other p~ wi~in a ~nable ~e not exceeding 2 [ ~ys ~er obsc~'~ce. ~e no,ce s~ provide s~ficient de~ to enable ~e o~er p~ to mv~ti~te ~e ~[ter. ~ a C~ for addi- no~ co~r or t~e ~red ed ~ C~ ~ rd be =se~ed, it sh~l De Cded = pmvi~ m 5ubp~p~ 4.3.7 or 4.3.8, 4.4 RESOL~ON OF C~IMS ~D DISPU~S 4.4.1 ~e .~i[~[ w~ ~iew C~ md t~e one or more of. the foflo~g pre~m~ a~om within ten ~3~ o~ receipt of a C~m: (1) requ~t addinom $uppomg ~m from the (2) submit a sch~ule to ~e p~i~ ~cating when ~e r~ exp<= [o ~e ac=on. (3) infect ~e CI~ in whole or p~. storing r~o~ lbr m~ion, (q) r<ommenO approv~ the Clmm ~y the o~er p~ or (5) su~r a compmmme. The 4.4.2 Ifa CI~ ~ b~ r~olved, ~e .~chirect will prepare 4.4.3 [f; C!mm ~ nor bc~ r~olvcd, abe pam' m~ing ad~rion~ sug~mg ~m required by thc Architec:. modi~' one iniri~ Clmm or(3) at)UR' me .gchimc: rhac one iniciM CN~ 4.4.4 [fa Clmm has not bern res~olved after consideration of the 4.5.1 Controversies and Claims Suhiect to Arbitration. Any 12 A201-1987 4.5.2 Rules and Notices for A~itratian. Clmms bet~veen the Owner and Contractor not resolved under Pm-agragh 4.4 si'a3. i~ subi¢ct to azbitranon under Subp:zmgraph 4.5.I, be decic~ed 4.5.3 Contract Performance During Arbitration. Durm$ arbi- with Subpmmgraph 4.3.4. 4.5.4 When Arbitration May 8e Demaflded. Demand for arbi- tration of any Claim may not be made until the earlier of (I) the sion on me Claim, (2) the tenth day after the partie~ have pre- written decision by that date, or (3) any of the five events described ~n Subparagraph 4.3.2. the dccJ~ion is Final but subiect to arbitration and (2) a dcm'md 4.5.4..2 A demand for arbitration shali be made within the twne Hmits specified in Subparagraphs -~.5.I ~d 4.5.4 ~d C~se ~,5 ~.~ ~ applicable. ~d m ot~er c~s w~in a r~onaNe after the date when t~titution of l~ or equitable proc~din~ b~ed on sucN C~m would be g~cd by ~e applicable stzmte oF limirauons ~ dete~in~ pum~t to P=mgmeh 15.7 4.5.5 Limi~fion an Co~ali~fion or Ooind~r. No a~ltmtion ~cludc. by consoli~tion or joiner or tn my o~cr ~ner. thc ,~chite~. the ,gchite~'s cmpioy~ or com~tm~, exc~t merit md si~ by thc ,~chit~. Owner. Contractor md my other De,on or ~dty ~u~t robc joined. No ~bitmtion sh~l contractor ~ dmcnbed in .~icle 6 s~l be included ~ m ra mc x~ezmcnt sh~ be sp~:8~ly mforc~le ~cr 4.5.5 Claims and Timely Assertion of Claims. A part,:- who demand all CL~'n$ then known to that p0axy on which ~rbttra- lion ~ pe~iae~ to be dem~ded. When a p~, ~s to include 4.5.7 Judgment on ~1 AwaY. The awxd r~dered by ~e arb~tor Or ~bnm[o~ sh~I be FmC, ~d jud~en[ may be entered upon it m accor~ce wi~ applicable law in my cou~ having ju~icfion meteor. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5,1.1 .-X Subcontractar ks a person or entity who h~ a dire~t contract with the Contractor ~o perform a portion ()f the Work at r~c site. The term "Subcontractor" ks referred to chroQghnut the Contract Dooamen~ as if singular m number and mem'~ a Subcontractor or an authorizec~ representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontractor is a peraon or entity who h:~ a direct or md. ire(:[ contract with a Subcontractor to perform a portion of the Work it the site. The te.,.:m "Sub-subcontractor' is r=f¢~ed ~o throu~qout :he Contract Documents a.s if sthgutar CONTIqACTS FOR PORTIONS OF THE WOrK able objecnon. 5.2.2 Thc Contractor shall not contract with a prop,:sed per- unless thc Contractor has actetl promptly and r~s~)nsivc!v in A201-1987 13 5.3 SU BCONTRACTt,IAL RELATIONS 5.3.1 By approprmte agreement, wnsten whe~ legally reqmred for val/dity, the Contractor shall require mc2n Subcontractor. to me ~:tent of the Work £o be pe.-.-ormed by ~hc Subcontractor, to bc bound ~o the Contractor by terms o£ mc Contract Docu- ·nd r~ponsib~ties which the Contractor. by these Docu- tract agreement shall preserve and protect the dghts of the Owner and Architect under the Contract Documents with r~pect rd the Work to be performed by the Subcontractor so that subcontracting thereof w~l.I ,not prejudce such rights, and shall allow to the 5ubcontr'acror. unless specficxlly provided otherwise m the subcontract agreement, the benefit of ~ Conmacror. by the Contract Documents. has ag:m~r the Owner. Where appmprmte, the Contractor shxll reqmre each Subcontractor to enr. er into sL, ml~ agremments with Sub-sub- contractors. The Conwacxor shall m:~e avmbbl¢ to tach pro- :[greernent. copies of the Contract Documents to which the Subcontractor will be bound, md. upon wrthen request of the lions of the proposed subcontract agreement which rrmy be at swndm-iy mnke copies of appll .cxbie portions of such documents 5.4.1 Each subcontract agreement tbr a pdt'don of the Work is .2 assignment is subject co the prior ngnts of thc sure,~.-, if any. obligated under bond re~tmg ra the Confine. 5.4.2 If the Work has been suspended for more than 30 days. ARTlCLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PEI~FORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.3 The Owner shall provide for coordimrmn of ~e acnvi- with thc Work of the Contractor, who shall coope.mte with them. Thc Contm~or shall pmmcipate with other separate con- tractors and the Owner in reviewing the~a' construcrJon sched- ules when dkecred rd do so. The Contractor shall make any revisions to the construction schedule and Conr_,,~ct 5urn The comtrucdon schedules shall then constitute the schedules Owner uno subsequently revised. 6.1.4 Unless other'~r~ provided in the Contract Documents. when the Owner performs consrmc~on or operations reMtcd to thc project w~th thc Owner's own fomes, thc Owner shall bc d~-ned tO be subject to thc same obligations and to have thc samc dghts which apply to the Conr~ctor under thc Condb tions of thc ContracL including, without cxclud~.~ other, ~o~ s=~ed m .~dc 5, ~ ~dc 6 md .~d~ 10, it' ~d 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 Thc Contractor sh~ afford the Owner and sepm-'ate con- tractors mmmrmble opportunity for introduction and storage of th*.r rnate.,i.~ :md equipment md performance of ',.he~ ac~vi- ties ~ld 5h,~ll corm~ and COOrnlrmte the Contrac'.or's con- struction and operations w~th the~ as required by the Contmc~ 6.2.2 If ps. rr of the Contractor's Work depends for proper proceeding ,-'.qth that .comon o( the Work. pmmpdy report to tine .:~rchitect apparent discrepancies or defects in such other 6.2.3 Costs oaused by delays or by improperly rtmed activities or de£ect~ve construction shall ~e borne by the party responsi- ble therefor. 6.2.4 Thc Contractor si'mil promptly remedy damage wrong- tully mused by the Contractor to completed or pardrdly com- pleted constmctton or to property, of the Owner or separate contractors = provided in Subparagraph 10.2.5. 6.2.5 cbwns and other disputes md matters in question between the Contractor mad a separate contractor sin:ill be sub- je~ to ~c prov~om of P~gmph 4.3 provided thc sep~te contractor h~ recipr~ obllgano~. 6.3 OWNER'S RIGHT TO CLEAN UP free from w:~te matenaB and mbbisin ~ described m Pm'agrapin 3.15, the Owner my d~wi up and allomte the ccst 14 A201-1987 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Change~ in the Work may be =ccomplLshed ~fter e_xeoa- t~on of ~e Contract, ~d without ~v~tmg ~e Con~c~, by Ch~gc Order, Co~tmcnon Ch~ge Direcave o~ order for 7.1.2 A C~ge Order sh~ b~ b~ed upon a~e~ent ~ong minor ~ge m ~e Work may be ~sued by ~e 7.1.~ Ch~gm M ~e Work shMl be perfo~ed ~der appli- cable prov~o~ of ~he Con.c: Doc~en~, md ~e Contrac- tor sh~l proc~d promptly, u~ Othe~e provided Chmge Or,er, Const~clion Ch~ge Direcuve or or,er for a minor chloe m the WorR. su~sequendy ag~ upon. md ~ qu~dties ongm~y con- ~emplated ~e so cN~ge~ in a proposed C~ge Order or Con- st~cdon Chloe Directive ~at appii~tion of such unit p~ces to qu~dti~ oi Wor~ proDos~ will ~e subsm~M inequi~ equitably ,3 the extent of the adj~tm~nt in thc Contract Sum may include those ~ted in Subpara~ph 7.3.3. 7.3 CONSTRU~ON CHANGE DIRE~ES 7.3.1 A Co.tin.ion ~ge Dir~ive ~ a w~tten order pre- p~ed by the .~itect ~d signed by the Owner ~d dire~mg a chloe in thc Wo~ md stating a pm~sed b~a for both. Thc Owner may by Confit~cr[on Chloe Dir~tivc. [=ct T~e being adi~te~ accordin~y 7,3.2 A Comtmcdon Chloe Dtr~dve ahMl be ~e~ in the 7.3.3 If the Co~tmction Chloe Directive provid~ s~uenay a~g upon: .3 cOSt tO be determined in a mamner a~eed upon by the purees :md a mumaiJy acceptable fixed or percent- age fee; or .4 = provide~ m Subp~ph 7.3.6. 7.~.A Upon receipt of a Co~tmcuon Chloe D~ecfive, Cont~cror sh~ p~mpdy proc~ wi~ a~e~en[ or ~a~men[ wi~ ~e me.od, E ~y, prodded m ~e Co~tmc~on ~gc Dire~ive for dete~g ~e pro- po~d adjacent ~ ~e Con.ct S~ 0r Coa~ T~e. 7.3.5 A Co~[mcaon ~ge Dir<~ve si~ed by ~¢ Contac- tot m~Cat~ ~e a~t Of ~e Con~ctor ~erewith, mdud- ~g adjacent ~ Cont~ S~ md Con~ T~e or me.od for de~e~g ~em. Su~ ~en[ s~ be effec- tive ~[eiy md s~ be record~ = a ~ge Order. 7.3.6 If ~e Confine:or do~ not r~nd prompdy with ~e me.od ~or adi~tmen[ ~e[hod ~d the ad~tme~t sh~ be tect on the b~ of ~o~bie expen~r~ ~d sav~ of · ose peffo~ing the Work aanbumbie [o ~e chloe, Mciud- ~Iow~ce for overbid md profit. ~ such ~, ~d Mso unde~ C~me 7.3.3.3, ~c Cont=c:or ~h~ k~ ~d pr~en[. ~ such :h~ Subp~ph 7 3.6 s~l be ~i[~ [o ~e (o~owing: .1 costs o~ labor, including comFensatton insurance: ,2 rosa of materi~, supp{ies md equipment, mciuc- .5 additional cos~ ofsupc~'~ioa ~d fic!d office pe~on- 7,3.7 Pending final determination of cost to the Owner. amounts not in dbpute rrm? be included in Applicatiorts for Payment. Th~ amount of credit to be allowed by the Contrac- tor to thc Owner for a deletion or c 'h:mge which results in a net fitTned by the Architect. When both additions and credits change, the allowance for overheud and profit shall be figured tion of an appropr, ate C. "~ao, ge Order. A201-1987 15 7.4 MINOR CHANGES tN THE. WORK 7.4.1 The .~-chitec[ will have au~on[y to order minor changes in the Work not invoivthg adjustment w, the Contract Sum or orders promptly. ARTICLE 8 TIME 8.1 DE~N['FIGNS 8.1.1 L,'~ess otherwise provided. Contrac~ Ti~nc is r~e period of dine. including authorized adiustments, allotted in the Con- tract Documents for SuDst3,ntml Completion of the Work. 8.1.2 The dz, te of commencement of the Work ks the date established in the Agreement. The date shall not be postp(med 8.1.3 The date of Substandal Completion is the date ce,-xified by the Architect in accordance with Paragraph 98. 8.1.4 The term "day" ~ used in the Contract Documents shall mc-:m c~endz~r clay unless othe,~vkse specific~.ily defined. rot perfi)rrning the Wurk. 8.2.3 The Contractor shaft proceed expeditiously with adc- DELAYS AND ~(TF-NSlON$ OF TIME 8.3.1 ff me Contractor is delayed at :my rime m progre~ of thc disputes, fire. unu,su'al delay in de!ive,'m:s, unavoidahi= c~ual[ie3 ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum ks sraced m the A~eement and. includ- ing authorized adjustments, is the tot=l amount payable by ~e Owner to the Contractor tbr pe:'formanc= of the Work under the Contract Doo, u'nents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Applic'ation for Payment. thc Contractor shal! submit to the Architect a schedule of values allocated to ,,,mous pot:ions of the Work. prepared in such form and sup- ported by such dam to subscmdate its accuracy :zs the ,~'chitect may require. This schedule, unless oblected to 'ay the 3zclikect, 5hall be user[ as a basis for reviewing thc Contractor's Applica- (inns for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 .a.~ lea.st ten days before the date e~mb[bhed for each progr¢<~ payment, thc Contr'c~ctur shall submit to the .gchitect an itemized Application for Payment ~or oper.2mm5 completed in accordance with the schedule of value. Such applic2tion shall be notm*ized, it' required, and supported by such data 3ubs[antin[in§ the Contractor's ~ht ~o p;15-rnen¢ 15 tile ©wrier or .M'cthtect m=y require, such ~ copies o( requisitior~s from Subcontractors and m=teri=J suppliers, and ~rlec[in~ ret.mn=ge it' provided for e~e,a'here in [he Contrac: Documents. 9.3.1.1 Such applic.'~tions may i=clude requ~ts for payment on accuunt of ch:rages in thc ~.'.:'~)r~ which ~av¢ bc:n properly auth(thz:d by Cousirucd(m Change Dir~'g',ivu5 but not yet included in Change Orders. 9.3.1.2 Such appiic:ttions may not mctude requests rbr pay- 9.3.2 L'ni~s,s t)th(:.~.-lse provided in the Contract Docurn~hts. ddivered and 3ui[;,:hl':.' stored :2[ the site Mr 5ub:~equent incur porati(m in the Work. ff approved in ad',-anc: by th~ Owner. payment may similarly ~ made ~br materials :md equipment 16 A2.01-1987 Owner a Ceruficate for Payment, with a copy to the Contrao p:ar~t as provided, in Subparagraph 9.5.1. 9.4.') The issuance ora Certificate for Payment wlil constitute representation By the Ax-chitect to the Owner. ba~ed on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated, and that, to the be~t of the Mchitec:'s knowi- edge. information and betief, qualit7 or' the Work is in accoc- isstmnce of a Certificate for Payment will ~rther consratute a quality or quantity of the Work, (2) reviewed construction me. ms. methods, eechniques, sequenc~ or procedures. (3) 9.6 DECISIONS TO WITHHOLD C~-qTIFICATICN 9.5.2 When the above re.:xsons for withholding certification withheld. 9,6 PRQG,qESS. PAYMENTS 9.6.1 Mter the ,~rc, hitect h~ ~su~ a Cemfic~ce for P~vmenc. ~e Owner sh~ m~e payment ~ the m~er md wi~in thc t~e provided ~ ~e Con,ct ~en~, ~d sh~ so aoci~ 9.~.2 ~e Contractor s~ pmmpdy pay m~ Subcontractor. u~n r~eipt of payment ~om ~e O~er. Out of &e ~ount t~on of the Work. the ~ount to whi~ ~ Subcontractor ent~fl~, retl~g percmmg~ ac~Iy re~ from pamems of ~e Wo~. ~e Con,mot s~. by app~pfiate a~ment 9.$.3 ~e Mchit~t w~. on r~u~t, ~h to a Subcontmo tot. ff pncucaNe. ~fo~on ~d~g ~cenmg~ o¢ com- plenon or ~o~m appii~ for by ~e Con~ctor m~ action tio~ of the Work done by such Subcon~or. 9.6.~ Nei~er the Owner nor .~it~t s~ ~ve m obligauon exczpc = may o~e~=e be required by Nw 9.6.5 Payment to macenfl supplie~ s~l be tmc~ in a m~ner s~fix to that provide~ m Subpa~gmp~ 9.6.2.96.3 md 9.6.~. 9.6.~ A Ce~ifi~te for Payment. a p~gr~ pa3~ent, or parti~ 9.7 FAILUR~ OF PAYM~T 9.7.1 [f ~e Archk~: dO~ not ~sue a Ce~fica[e For throu~ no ~uir of ~e Commctor. wimin ~ven ~ys ~¢:pt of a~e Contractor's Application for Payment. or t~icd by thc .~cmtect or aw=~e~ by xbitmtion, then the Con- Owner md McNitec:. stop ~e Wo~ un~ ~yment of the ¢xt~ded app~pnateiy md the Con,ct 5urn sh~ be shut~own. ~eNy md s~-up, which sh~ ~ accomgl~hed provid~ ~ .~c!¢ - 9,8 SU~TA~AL ~MP~QN 9.8.1 Subs~ Comp[cUon m ~e stage m the progress of the Work when ~e Work or d~i~[ed ~lon thereof {5 suffi- A201~1987 17 hated portion thereof W substantially complem. [f ~c ~cct's ~pe~on ~os~ ~y i~, whe~er or ~o[ Completion. ~en ~¢ WO~ or d~i~t~ ~mon ~e~f ~ subs~:~y complete, ~e ~tec~ ~ pr~e ~ C~m Of Subs~t~ Comple~on whi~ s~ ~h ~e ~e of Sub- s~ Comple~on. sh~ ~h ~po~ib~d~ of ~e ~e to ~e Work ~d ~c~, md s~ ~x ~e ~e accomp~ymg ~e Ca~l~te. W~a~ req~ by ~e Con- Completion of ~e Work or d~i~t~ ~mon ~f ~ 9.8.3 Upon Substantial Compleuon of the Work or designated pomon meteor 2.nd u~n appli~non by ~e Con~or ~d cemfi~tion by ~e Mchitect, ~c Own~ s~ m~e reflect~g adjacent ~ ret~ge, if ~y, for such Work or ~,~ PA~AL OCCUPANCY OR USE 9.9.1 ~c Owne~ m=y oc~py or ~ ~ compicted or [~y completed pomon of ~¢ Wo~ at my stage when such pomon m desisted by ~m a~ent ~ ~e Chrome- tot, provided suc~ ~p~,' or ~ ~ co.coted ~o by i~ut~r ~ required under SuDp~ph l [.3. I t ~a auto.ed by public authonti~ having j~chon over ~e Work. Suc~ pomon ~ subs~t~y complete, provided ~e Owner ~l~ea to ~ch of ~ for paymm~, re~e if ~y, ~m- my, ~ten~ce. h~at, u~in~. ~e to ~e Work ~d ~ce. ~d have a~ in writing conc~g the ~ for col requ~ed by the Contm~ ~en~. ~en ~e Cont~ctor co~iae~ a poaion ~bs~y comglete, ~e Con~or s~l pr~ ~d submit ~ ~t [o ~e .~it~t ~ p~vid~ Subp~h 9.8.2. Co~t of ~¢ ~n~or tO ~ hem- the pro~ of ~e Work sh~ be ~med by wn~en a~- r~ched, by decmton of ~e .~chi~. g.g.2 immediately prior to such pm'cai occup:mcy or use. me Owner, Contrlcror '~d .~chitect semi[ jo~tiy ~ ~e ~ ro be he.pied or potion of the Work to be ~d [o order ro 9.10 ~NAL COMPLETION AND ~NAL PAYMENT such m.spection ~nd, when the .M-c.h~tect Frocks the Work accept- aPie under the Contract Docurnen~ ;nd the Contract fully per- formed, the Architect will prompdy issue a &hal Certificate for P~ym~lc stating rd-mr to the best o~ the .~cl~ice~'s knowledge. informanon ;nd belief, and on the b=sts of the .M-c~hitecr's obseawations and impecu, ons, me Work h:~ bema completed in accorciunce with te.,rns ;nd conditions of the Contract Docu- ments and ttmt the entire balance found to be due me Contrac- tor ;nd noted in said ~nal Cer-tW:cat¢ ks due and payable. The Armhitect's final Cemficate for ?'iyment will constitute a farmer represenr, ation that conditions [Bred in Subparagraph 9.10.2 as precedent to me Commctor's b ,em.g enntied to rirml payment have been fulFzLled. 9.10.2 Neither ~ payment nor :my rern~nln8 retzdned percmmge shall become due uno the Contractor submits to the :Lrdtitert (1) ;n attidavit rtmr payroll.5, bdLs for marenal.s and equipment, :md other indebtedness connected with the Work . for which the Owner or me Owner's property might be respomible or encumbered (less :maounts withheld by Owner) have been paid or otheranse satisfied. (2) a ce.-"tific:~te ~tiderlc- lng that Lmsum.nce required by the Contract, Docdments to mmam m force m~er final payment m currendy in effect ;nO. will not be c:mcelled or ~tlowed ~'o ~-'rpire until at [e.,st }0 days' prior written notice h~ been g~ven to me Owner, (3) a wntten statement that the Contractor knows of no substantml renson mat the h"...mrance will not be renew-able to cover, the i~riod mq. uired by the Contract Docdrnents, (4) consent of surety, if ;ny, to tinal payment ;nd (5), if required hy the Owner, other dnta ~ml~tBhing payment or sam~ction of obllgauons, such as r~mpts, rele',-ses ~nd wmve~ of [~e~s, cl:u/ns, 5¢c,jnry inter, ts in suc~h form as may be desi?mred by me Owner, If a Subcon- Ownes, the Commctor may mrnmb a bond sarksfactoty to the Owner to indemmf7 the Owner ag'mnsr suo~ lien. [f such lien rmmams unsattsfied :fleer payments are made, the Contractor compelled m pay in di~cbru-g~g such lien, including all costs and re'&sormble attorneys' fees. 9.10.;1 If. ~fter 5uhsrantml Completion of me Work. final com- plenon thereof is mamriallv debyed through no fault of the Contractor or by issuance of compie,4on. ;nd the Architect so con£.wms, the Owner shall. upon applimaon by the Contractor .~t,bi[ees, ;nd without terminating the Contract. make payment of me hal:race due for thar pomon of the Work fi~ily compteted ;nd accepted. If me remaining bal~qce for Work nor &flly com- pleted or corrected ~s less il'mn :ermnage stipulated in the Con- tract Oocumena, ;nd if bond~ rmve been furm.shed, the written consent of surety ro payment of the balance due for that por- uon of the Work fully complered ;nd accepted shall be submit- ted by the Contractor to the Arc,hitecr poor to cemrlcauon Of such payment. Sucaq payment shaft be made under terms and conditions governing final payment, except that it sh:dl not cons{iture a wmver o f dawns. SFne Illaki~l80 f ~.~ payment sa:dj consotute a ';'~aiv4r of cMlm.s by me Owner :;.s provided in Sub- p:zmgr.ap h 4.3.5. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAr=i ¥ PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall bc responsible for initiating, main- t~mg and supervising af safety precauaons and programs in connection with the performance of the Contract, 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbe$ros or polychlormated hiphenyt (PCB) which has not been rendered harmle$s, the Contractor shaft immediately stop Work in the aa~a affected and repo~ the condition to the Owner and Architect m writing. The Work in the affected area shaf not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material ks asbestos or pdiychlormated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shaf be resumed in the absence of asbestos or polychlori- nsted biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor. or in accordance with f'mal derermigation by the .~.rchitect on which arbitration has not been demaflded, or by arbitration under Aaicle 4. 10.1.3 The Contractor shaft not be required pursuant to .~-ticte - to perform without Consent any Work relating to a~bestos or polychlorinated biphenyl (PCB). 10.1.4 To the ~uilest extent permitted by !aw, thc Owner shall indemnify a.qd hold harmless the Contrac'~or, .~rehitect. Mchi- from ~d a~t cl~s. ~ag~, lnss~ ~d expe~, inc!ud- (rom perforce of~e Work in ~e ~fected ~ea if in fact the marefiM ~ ~b~tns or ~lyc~lofinated biphenyl (PCB) md h~ not been rende~d h~l~. provided that such cl~m. ~age, hxher th~ the Work itseifl including Mss of ~e r~ulting indirectly employed by the Owner or myone for whose acts the Owner may be liable, r~dl~s of whether or got so<~ d~c~bed ~ th~ Subp~ph 10. l.~. 10.2 SAFETY OF PERSONS AND PROPE.RTY 10.2.1 The Contractor shall take reasonable precauoons ~afety of, :md shall provide reasonable protection to prevent damage, ~njur5- or loss to: .1 employees on thc Work and other persons who may be affected theredy: ,2 the Work and matermis and equipment to be incorpo- struc0arm and uuliues not des~gr~ae~ for removal reid- 10.2.2 The Contractor shaf gave notices and comply with applicable laws. ordinances, rules, regulations and lawful orders of public authorities b eazm~g on safety of pet~aons or property or their protection from damage, injury or [oas. 10.2.3 The Contractor shaf erect and maintain, a~ required by existing conditions and performance of the Contract, rea~n- able safeguards for safety and proteCraon, including posting danger signs and other wammg~ ag;mast ha~'::rcl_s, promulgating safety regmlations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for exeoation of the Work, the Contractor snail exercase utmost care and carry, on such activities under supervision of properly quaf fled personnel. 10.2.$ The Contractor shafll promptly remedy damage and loss (other than damage or loss insured under properly insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2. 1.3 caused in whole or in pa~ by the Contractor. a Subcontractor. a Sub-sobcontmctor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be I/able and for which the Contractor is responsible under Clauses t0.2.1.2 and 10.2.1.3, except damage or loss attributable co acrs or om~ions of the Owner or fia'chitect or anyone direcdy or indirectly employed by either of them. or hy anyone for whose ac~ either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obli~tions of the Contcacror are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.11 The Contractor shaft designate a reslmnsible memtier of the Contractor's organization at the site whose duty shail be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contracrot~ in writing to the Owner and Architect. 10.2.7 The Contractor shqll not load or permit any part of ~e construction or s~te to be loaded so as to endanger its safety. 10.3 EMERGERCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened 'damage, injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph ~.3 and Mticle 7 ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purc,hase from :md maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from ciauns set forth below which may arlse out of or result from the Contractor's operations under the Contract and lbr which the Contractor may be legally liable, whether such operations he by the Contractor or hy a Subcontractor or by anyone direcdy or indirectly employed by :my of them. or hy anyone for whose acts any of them may be liable: .1 cNa-ns under workers or workmen's compensauon. di.sabfiity be=lcfii and oth~' sinmlar ~'nptoyee l~me.~t acrs w~a~ are :q:~licai:fle to the Worn to ~ perCormo:J: ,2 clam'~s for damages because of bodily inlury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 clmms for d2amases because of bodily iniury, sickness or disc~¢, or death of:my person other than the Con- tractor's employees; .4 claims for damages insured by usual personal inlury liability, coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work itself, became of iniury to or destruction of tangible prop- erty, including loss of me resulting therefrom; .8 claims for damages bemuse of bodily injury., death of a person or property damage arising out of owocr- ship, maintenance or use of a motor vehicle: and .7 claims involving contractual liability insurance appli- cable £o the Contractor's obligations under Paragraph 318. 11.1.2 The insurance required by Subparagraph 1 l. 1.1 shall be written tbr not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Cover:.lges, whether written on an occurrence or claims-made basks, sha/l be mmntained without interruption from date of commencement of the Work until date of tinal payment and termination of any coverage required to be main- rained ~ter final payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by thks Paragraph I l.l shall contain a provksion that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remmn in force after final payment and are reason- ably available, an additional certificate evidencing cominuat~on of such coverage shall be submitted with the final Application for Payment :zs required by Subparagraph 9 10.2. Ini~)rmation concerning reduction of coverage shall be f~mished by the Contractor with rmsonable promptness in accordance with the Contractor's information and belief. 11.2 OWNEFI'S M~BIMTY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and malntmning the Owner's usual liability insurance. Optionally. the Owner may purchase and mamtam other insurance for self- protecnon agmnst claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 11.3 I:)$1OPEI:tTY IN$1JI:I~NClE 11.:1.1 Unless otherwise provided, the Owner shall purchase and malntsin, in a company or companies lawfially authorized rd do business in the jurisdiction in which the Project ~s located, property insurance in the amount of the initial Con- tract Sum as v.e!l a.s subsequent moditlcations thereto for the entire Work at [he site on a replacement cost basis without vol- untary deductibles. Such property insurance shall be main- t)r otherwise a~m'eed in writing by all persons and entities who are benericiarit-'s of such insurance, until tlnal payment has been made ~ providml in paragraph 9. Il) or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph I 1.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors th the Work. 11.:1.1.1 Property insurance shall be on an all-risk policy form and shall insure agmnst the penis of flue and extended coverage and physical loss or dmuage including, without duplication of coverage, thef~t, vandalism, malicious mischief, collapse, false- work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.3.'I.2 If the Owner does not intend to purchase such prop- crty insurance required by the Contract and with all of the coverages in the anaount described above, the Owner shall inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and 5ub- subcontractors in the Work. and by appropriate Change Order the cost thereof shall be charged to the Owner. Ii" the Contrac- tor ts damaged by the failure or neglect of the Owner to pur- chase or m:.ant:.un insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs properly attrthutabIc thereto. 11.3.1.3 If thc proper~y insurance requires minimum deducti- bles and such deductibles are identified tn the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increo.ses the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible amounts, the Owner shall be responsible t'or payment of the additional costs not covered became of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.:1.1.4 Unless otherwise provided in the Contract Docu- ments, tills property insurance shall cover portions of thc Work stored off the site after written approval of the Owner at the value established in the approval, and abo portions or' the Work in transit. 11.3.2 Boiler and Machinery Insurance. Thc Owner shall purchase and mmntain b(filer and machineD' insurance required by the Contract Documents or by law. which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance3h;di include interests of tile Owner, Contractor. Subcontractors and Sub- shall be named insureda. 11.11.:1 LO~ ol US~ Insurance. The Owner. at the Owner's waives all rights of action agmnst the Contractor tbr toss of usc or' the Owner's property, including consequential losses due to 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special haz- arcis be included in the properw insurance policy, the Owner shall, if possible, include such insur-ance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.3.5 It' during the Project construction period the Owner insures propemes, ~ or personal or both, adjoining or adja- cent to the site by propero/insurance under policies separate from those insuring the Proiect, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those msunng the Proj- ect during the construction period, the Owner shaft waive all rights in accordance with the terms of Subparagraph 11.3.7 for damages caused by tire or other perils covered by this separate properW insurance. All separate policfies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner sh~ f'fle with the Contractor a copy of each policy ti'mt includes insurance coverages required by this Paragraph 11.3. Each policy shall contmn all generally applicable condiUons, defmi- uons, exclusions and endorsements related to this Proiect. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior wnt- 11.3.7 Waivers ol Subrocjmflon. The Owner and Contractor waive all rights against (1) e-ach other and any of their subcon- tractors, sub-subcontmc'cors, agents and employees, eaclq of the other, and (2) tile Archirecl:, Architect's consult;mrs, sepmmte contractors described in .krticle 6, if ;my, =nd any of their sub- contractors, sub-subcontractors, agents and ¢mployeas, for damages caused by fire or other penis to the extent covered by property insurance obtained pursuant to this pm'agraph 11.3 or other propert7 tnsurance applicable to the Work, except such fights ~ they have to proceeds of such insurance held by the Owner as flducmry. The Owner or Contractor, as appropriate. shall require of the Architect, Architect's consultants, contractors descnbed in .~icle 6. if any, and the subcontmc- toes. sub-subcontractors, agents and employees of any of them. by appropriate agreements, written where Iegaliy required for v~idky, similar waivers each in favor of other par~ies enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or othe~'tse. A waiver of subrogauon shall be effective as to a person or enury even though that per- son or enuty would otherwise have a duty of indemnification. contractual or otherwise, did not pay the insurmtce premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to che Owner as fiduciary for the insureds, :ts their interests mat,' appear, subject to requirements of any applicable mortgagee clause and of Subparagraph I 1.3.t0. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by me Contractor. and by appropriate agreements, written where legally required ~:or validity, shall require Subcontractors to mare payments to their Sub-subcontractors in swnliar 11.3.9 If required in wntmg by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper pertbrmance of the Owner's duties. The cost of required bonds shall be charged agmnst proceeds received as fiducmry. The Owner shall deposit in a separate account pro- ceeds so received, which the Owner shaft disrobute tn accor- dance with such agreement as the parties in interest may reach, procedure shaft he as provided in Paragraph 4.5. if :fi, ret such agen propen-y shaft be coveted by approprmte Change Order. 11.3.10 The Owner as fiduciary, shall have power to adjust and setde a loss with insurers unless one of the parties in interest sh~li oblect in wnting within Eve da.rs after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators, if distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in accordance with Pamgr-aph 9.9 shall not commence until the insurance company or corn- parers providing property, insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4. PCm~FORI~IIANC!= BOND Al*ID PAYM~'~r BOND 11.4..1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering ~thPal performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of me Contract. 11.4..2 Upon the request of any person or entity appearing to be a potential beneficm-"Y of bonds covering payment of obliga- nons arising under the Contract. the Contractor sh~l promptly tumrsh a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 [f a portion of the Work is covered contrary to [he Arch;feet's request or to requirements specifically expressed in the Contract Documents. it mnsc if required m writing by the Architect. be uncovered tbr rhe Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 [fa portinn of the Work has been covered which the Architect has not specifically requested co obsen'e prior to its being covered, the Architect may request to see such Wo*,k and it shall be uncovered by thc Contractor. if such Work ~s in accordance with the Contract Documents. costs of uncover- ing and replacement shall, by appropriate Change Order. be charged to the Owner. If such Work is not in accordance with the Contract Documents. the Contractor shall pay such costs unless the condition was caused by thc Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shail promptly correct Work rejected by the Architect or failing to conform to the requirements of Substantial Completion and whether or not fabricated, installed or completed. The Contract(:,*' shail bear costs of correcting such reiected Work. including additional tesung and inspeo expeme~ made necessary thereby 12.2..2 IL within one year ::~er the date of Substantial Comple- tion of the Work or designated portion thereof, or after the date for cormmencement of w~rr~nties established under Sub- p~ph 9.9.1, or by ~e~s of required by ~e ~ntm~ ~c~, ~y of~e Work ~ fo~d to ~ not ~ accor~ce ~th ~e req~ma of Se Conga ~enm, ~e Con~or sh~ co~ect i~ prompdy ~er rec~p~ of written nouce from Owner h~ pr~io~ly Wen ~e Contractor a w~tten acc~- trace of such con,don. e~ended wi~ r~pect to ~mom of Work ~t ~ffo~ed ~er Subst~t~ Completion by the pedod of me ~e~n Subs~- t~ Compledon md the ac~ performer of ob~gation ~der ~ Subp~ph 12.2.2 sh~ su~ive accep- mcr of ~e Work under me Commct md te~uon of me Commct. The Own~ covew of ~e con~uon. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract DOo. Lments and are neither corrected b~, the Contractor nor accepted by the Owner. 12.2.4 [f the Contractor falls to correct nonconforming Work within a reportable time, me Owner may correct it in accor- dance with Pm'agrapb 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written notice from the Mchitect. the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, thc Owner may upon ten additional days' wnnea notice sell such materials and equipment at auction or ar private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's se,,wices and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficiem to cover such. amount, the Contractor shall pay the difference to the Owner 12.2.5 The Contractor sh~ll 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 sh~ll be con- stmed to establish a pedod of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one ye-ar a,s described in Subparagraph I2.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be entbrced. nor to the time within whicfi proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 [f the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents. the Owner may do so instead of requiring its 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 bas been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by ~e law of the place where the Project is loc=ted. 13.2 SU~ORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, thmr partners, successors, assigns and leg~ representa- tives to the other pa.~y hereto and to partners, successors, assigns and legal representatives of such other par~,' in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract sh0.11 assign the Contract ~ a whole without written consent of the other. If either party attempts to ma~e such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under ~e Contract. 13.3 WRFFTEN NOTICE 13.3,1 Written notice shall be deemed to have been duly served if delivered in pew, on to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by regdstered or certified mini to the last business address known to the party wing notice 13.4 RIGHTS AND REMEDIES 13.4,1 Duties and obligations imposed by the Contract Docu- ment~ and rights an,: remedies avmlable thereunder sha~i be m addition to and not a limitation of duties, obligations, fights and reined/es othetw,'ise ',rnFnsed or av~able by law 13.4.2 No action or fadure to act by the Owner..~chitect or Contractor shall constitute a waiver ora dgth or duty afforded them under the Contract. nor shall such action or failure to act constitute approval uf or acquiescence in a breach thereunder. except as may be specifically agreed in wfiting. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or bt,' 'laws. ordi- nances, mits. regulations or orders of public authorities having jumdictinn shall be made at an appropriate tUne. Unless other- wise provided, the Contractor shall m~e arrangements for such tests, inspections and approvals with an independent test- ing laboratory or entity acceptable to the Owner; or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- nons are to be made so the :~'chitect ma}- observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become reqmrements until after btda 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine ~a[ portions of the Work require addi- tion'al testing, inspection or approval not included under Sub- paragraph 13.5. I, the Architect will. upon written authorization for such additional testing, inspection or approval hy an entity acceptable to the Ovmer. and the Contractor shall give tamely The Owner shaft bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagrap~ 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements estab~bed by the Contract Documents, the Contractor shall bear all costs made necessary, by such failure including those of repeated procedures and compensation for the &rchitect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe teats, inspections or approvals required by the Contract Documents, the .~chitect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shy bear interest from the date payment is due at such 13.7' COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13,7.1 As between the Owner and Contractor: .1 Before SubstanfiaJ Completion. 3.s to acts or f:~dures to act occurring prior to the relevant date of 5uestan- rial Completion. any applicable statute of limitations not later than such date of Substantal Completion: .2 Between Substantial Completion and Final Certifk ring subsequent to the relevant Oatc of Substantial Completion and prior to issuance of the Final Certifi- cate for Payment, any applicable statute of limitations shy commence to run and any alleged cause of .3 After Final Certificate for Payment. as to acts or ante of the final Certificate for Payment, any appli- any warranty provided under Paragraph 3.5. the date Work by the Contractor under Paragraph 122. or the to perform any duty or obligation by thc Contractor ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing pomons of the Work under contract with the Contractor, for any of the following m'asons: .1 issuance of an order of a court or other public author- lq, having jurisdiction; .2 an act of government, such as a declaration of national emergency., m,~ldng material unavailable; .3 because the Architect ~ not issued a Cemficate for Payment and has not notified the Contractor of the' reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents: .4 if rqxmted suspensions, delays or interruptions by the Owner as described in paragraph 14.3 constitute in the aggregate more il,an 100 percent or'the total num- ber of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 [f one of the above reasons extsts, the Contractor may, upon seven addinonal days' written notice to the Owner and .M'chitect, terminate thc Contract and recover from the Owner payment for Work executed and for proven loss with respect to mater,s, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently fmled to fulfill the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and thc Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 1.~. 1.2. 14.2 TERMINATION 8Y THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Cuntractor: .1 persistently or repeatedly reiktses or fails to supply enough properly skilled workets or proper materials: .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors: .3 persistently disregards laws ordinances, or roles, reg- ulations or orders of a public authority hnving jun& diction; or .4 otherwise is guilty of subsmn[iml breach ofa provtsion of the Contract Documents. 14.2.2 Wt~en any of the above re:~.sons must. the Owner, upon ceruficaUon by the 3a-chitec[ that sufficient cause e.'~ts to jus- A201-1987 23 tlfy such action, may without prejudice to any other rights or remedies of the Owner and a~er giving the Contractor and the Contractor's surety,, if any, .~ven days' written notice, termi- nate employment of the Contractor and. may, subi&t to any prior rights of the surety: .1 take posse~ion o£ the site and of all mateda& equip- ment, tools, and construction equipment and machm- .~' accept assignment of subcontracts pursuant to Pm- graph 5.4; and .3 £mish the Work by whatever re0.sonable method the 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2. I, the Contractor shall not be entitled to receive f'm'ther payment until the Work is £mtshed. 14.2.4 If thc unpaid balance of the Contract Sum e.xca~ costs of f'mishing the Work, including compensation for the Mchi- tect's seo,'ices and expen.ses made necessary, thereby, such excess shall be prod to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the ca.se may be, shall be certified by the Mchitect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THi= OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of th'ne ~ the Owner may determine. 14.3.2 ..tn adinstment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or intern~p- tion. No adjustment shall be made to the extent: .1 that performance is, was or would trove been so sus- pended, delayed or intervapted by another cause for which the Contractor is responsible: or .2 that an equitable adjustment is made or denied under mother provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. 24 A201-1987 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 '.. (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 (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. ,19 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 ,19 __ Attest: Principal: PREVAILING WAGE RATES A'FFACHMENT WAGE DETERMINATION STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD EAST MARION, NY NEW YORK STATE DEPARTMENT Of LABOR BUREAU Of PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, NY 12240 SCHEDULE 199BA Date 07/15/99 T/O SOUTHOLD UAMES MCMAHON TOWN HALL P.O. BOX 1179 SOUTHOLD NY 11971 PRC 9906076 SUFFOLK COUNTY Location and Type of Project PROUECT ID #: NONE BUILD STAIRS ON BLUFF AT NED OF ROCKY POINT ROAD, EAST MARION,NY SUFFOLK CO. In response to your request, enclosed is the schedule of the prevailing hourly wage rates and the prevai]ing hourly supplements for the above project, together with copies of the Notice of Contract Let (PW-16) for your use. THE SCHEDULES MUST BE ANNEXED TO AND FORM A PART OF THE SPECIFICATIONS FOR THIS PROdECT 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 that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and medhanics 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 Department of Labor, Bureau of Public Work, Care should be taken to review the rates for obvtous errors. Any corrections should be brought to the Department's attention immediately. It is the responsibility of the Public Work contractor Note: A 1997 AMENDMENT TO SECTION 220 OF THE LABOR LAW REQUIRES THE DEPT. OF UURISD[CTION TO RECEIVE AND MAINTAIN MONTHLY TRANSCRIPTS OF PAYROLL RECORDS FOR THREE YEARS FROM THE DATE OF COMPLETION OF THE WORK IN THE AWARDED CONTRACT. DIRECTOR NOTICE TO CONTRACTING AGENCIES: PROUECT HAS BEEN COMPLETED/CANCELED: Signature Title For ~dditiona] information, contact the following District Offices: Albany (518) 457-2744 Binghamton (607) 721-6005 Buffalo (7t6) 847-7159 Hempstead (516) 485-48?8 New York City (212) 352-6088 PW-200 (6-98) Syracuse (315) 428-4056 Rochester (716) 258-4505 Utica (3t5) 793-2314 White Plains (914) 997-9507 CONTRACT REQUIREMENTS rate of wage fop the period commencing duly first of such from such collective bargaining agreements. (See Sections 220.3, 220.5) laborers. (See Section 220.3-a) its work force on any job under the registered program. or provided the prevailing wage and supplement rate for the apprentices on the contract work. (See Section 220.3-e) (a) relates. (See Section 220-e(a)) (p) No contractor, subcontractor, nor any person acting on its (c) provisions o? the contract. (Section 220-e(c)) (d) 7. (a) (b) The contract may be cancelled or tenminated by the State 220-e(d)) 220-e(d)) Section 220-a) PW-3 (4-95). ATTENTION: ALL CONTRACTORS AND SUBCONTRACTORS ENGAGED ON PUBLIC WCRK PROUECTS IN NEW Y(~RK STATE INTRODUCTION: Below are the major provisions of the Labor Law covering workers on public work projects, particular public work project. WAGES AND SUPPLEMENTS: The wades and supplements to be paid and provided for where the work is performed, If a prevailing rate schedule for the project has (i.e., the governmental entity awarding the public work contract), or to a Campus, Albany, New York 12240. affirmed es true under penalty of perjury, as provided by Article 8, Section 220, of the NYS Labor Law. The DEPARTMENT OF UURISDICTION shall receive and and accessible place on the site of the public work project. WITHHOLDING OF PAYMENTS: When a complaint is filed ~ith the Commissioner of Labor alleging the failure of a contraotor or subcontraotor to pay or provide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages or supplements may be due, payments on the public work INTEREST AND PENALTIES: If an underpayment of wages or supplements is found, interest must be added at the rate then in effect prescribed by the Superintendent of Banks pursuant to section 14-a of the banking law per annum from the date of underpayment to the date of the new payment, and may also include the imposition of e civil penalty not to exceed 25% of the amount due. DEBARMENT: When final determinations have been made against a contractor or CRIMINAL SANCTIONS: Willful violations of the Prevailing Wage Law (Article 8 of the Labor Law) constitute a misdemeanor punishable by fioe or imprisonment, or both. DISCRIMINATION: No employee or applicant for employment may be discriminated against on account of age, race, creed, color, national origin, sex, disability or marital status. Every employer subject to the New York State Human Rights Law must conspicuously post at its offices, places of employment or employment training centers, notices furnished by the State Division of Human Rights. POSTING OF OTHER NO~ICES: Every employer providing worker's compensation PW 19 (6-98) docm: letter2b NOTICE OF NEW PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES (*) AS NOTED ON PREVAILING RATE SCHEDULES PAGES. The annual determination of the prevailing rates of wages and supplements for workers employed on public work projects throughout the state will be published on May 31st of each year. , These new rates will be in effect duly 1st thru dune 30th. This new determination will supersede the original schedule or It is the responsibility of the contracting agency or its agents to provide all prevailing rate schedules to contractors immediately upon receipt. Any rate change from a previously issued determination becomes effective duly PW-202 (4-95) doom: letterd VERIFYING THE REGISTRATION APPRENTICES Certain State and Federal Laws require that apprentices must be individually registered as such in order to be paid apprenticeship rates on Public Work. The New York Labor Department is the official registration agency for Each year the apprentice training central office in Albany receives hundreds of All registered apprentices in New York State are individuelly registered by This information is computerized and is available ONLY through the Albany Apprentice Training Central Office. dob Service end Training Division, Building 12, Room 223, State Office Building The only conclusive proof of individual apprentice registration is written verification from the Albany Apprentice Training Central Office, Neither Federal nor State Apprentice Training Offices outside Albany can provide It should be noted that the existence of a registered apprenticeship program is PW-203 (4-95) docm: letter2e VERIFYINO THE REgISTRaTION APPRENTICES registers apprentices in New York State. All registered apprentices in New York State are individually registered by This information is computerized and is available ONLY through the Albany Persons wishing to verify the apprentice registration of any individual should write to the Senior Employment Consultant, New York State Department of Labor, dob Service and Training Division, Building 12, Room 223, State Office Building Campus, Albany, New York 12240. All inquiries MUST include name and social security number and will be answered in writing. The response will indicate whether or not the individual is registered, and if so, will provide other pertinent information regarding the registration. The only conclusive proof of individual apprentice registration is written verification from the Albany Apprentice Training Central Office. Neither Federal nor State Apprentice Training Offices outside Albany can provide It should be noted that the existence of a registered apprenticeship program is PW-203 (4-95) docm: letter2e NEW YORK STATE DEPT. OF LABOR Bureau of Public Work State Office Building Campus Alban~ NY 12240 T/O SOUTHOLD Schedule Type COMPLETE 1998A Date 07/15/99 JAMES MCMAHON TOWN HALL P.O. BOX 1179 SOUTHOLD NY 11971 SUFFOLK COUNTY AGY, OF JURIS, : TOWN NAT. OF PROJECT: OTHER RECON,MA[NT,REPAIR,ALT Prevailing Rate Case No. 9906076 O1 PROJECT ID #: NONE BUILD STAIRS ON BLUFF AT NED OF ROCKY POINT ROAD, EAST MARION,NY Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith. Sec.22D.3a of the Labor Law requires tllat 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 project. Photocopy as many blank forms as required to supply one for each contractor. Return this request to the address given above [] Pro oct CANCELLED, POSTPONED or assigned to agency's own employees. If reactivated, new rates and supp ements w I be requested. [] CONTRACT AWARDED: (check one and indicate date of first legal instrument which bound agency to contract.) []Letter of Intent []Contract Signed []Resolution Work to be done by this prime contractor: Type of Contract: CHECK APPLICABLE TYPE B(01) General Construction r-I(02 Heating/Ventilation [](03) Electrical (04) Plumbing 11(05 Other Contractor Information: ALL INFORMATION MUST BE SUPPLIED Federal Employer Identification Number: Name: Address: City: State: Zip: Amount of Contract Approximate Starting Date: / / Approximate Completion Date: / / Estimated Date Entire Project Will be Completed: / / CONTRACTS NOT YET AWARDED Type of Contract (Check all applicable contract types) I-J{01) General Construction BI~IOtherHeating/Ventilati°n U(04) Plumbing Signature I-1(03) Electrical Date Page 1 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 9906076 SUFFOLK t998A INSTRUCTIONS PREVAILING RATE SCHEDULE INFORNATION The information ltsted below is provided to assist you in the 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 a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually OVERTIME Overtime holiday pay is the premium pay that is required for work performed on specified holt days. 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 oases the payment or provision of supplements of supplements for each hour paid (this may include paid ho11days on which no work is performed) and/or may require supplements to be paid or provided at a Effective Dates attention should be directed to the dates above the column(s) of rates. These required to pay the current prevailing rates of wages and supplements and, if the department of jurisdiction does not provide a copy of the current annual Compensation Law. Page 2 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 99060?6 SUFFOLK 1998A -If New York State coverage is added to an existing out of state policy, it can only be added to a policy oF a company authorized to write Workers' Compensation coverage in this state, and the coverage must be listed under item 3A of the information page. for all employees working in New York State. additional information, please contact the BUREAU of PUBLIC WORK at (518) 45?-5589 or write to. the NEW YORK STATE DEPARTMENT of LABOR, BUREAU of PUBLIC WORK, BUILDING 12, STATE OFF,ICE BUILDING CAMPUS, ALBANY, NEW YORK 12240. (6/30/98) OVERTIME Following is an explanation of the code(s) listed in the OVERTIME section of each classification contained in the attached schedule. Additional requirements may also be listed in the OVERTIME section. A ) Time and one half of the hourly rate after ? hours per day. AA) Time and one half of the hourly rate after ? and one half hours per day. B ) Time and one half of the hourly rate after 8 hours pep day. B1) Time and one half of the hourly rate for the 9th & loth hours week days and the 1st 8 hours on Saturday. Double the hourly rate for all additional hours. C ) Oouble the hourly rate after ? hours per day. C1) Double the hourly rate after ? 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 the hourly rate all additional Saturday hours. E2) Saturday may be used as a make-up day at straight time when a day E3) Between November 1st and March 3rd Saturday may be used as a make-up rate on Saturday and Holidays. rate on Saturday, Sunday, and Holidays. .................................. Case Number .................................. 9906076 SUFFOLK 1998A S ) Two and one half times the hourly rate for Holidays, if worked. S1) Two and one half times the hourly rate the first 8 hours on Sunday or Holltdays. One amd one half times the hourly rate ail additional hours. T ) Triple the hourly rate for Holidays, if worked. U ) Four times the hourly rate for Holidays, if worked. noted HOLIDAYS PAID 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 ena day listed as a paid holiday, this remuneration is tn addition to payment of the requtred prevailing rate for the work actually OVERTIME Overtime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required where the employee Following is an explanation of the code(s) listed in the HOLIOAY section of each classification contained in the attached schedule. The Holidays as listed below are to be paid at the wage rates at which the employee is normally 2 4 5 6 7 8 9 12 20 22 23 24 25 26 None. LaPor Day. Memorial Day and Labor Day. Memorial Day and duly 4th. Memoria] Day, duly 4th, and Labor Day. New Year's Day, Thanksgiving Day, and Christmas Oay. Columbus Day, Presidential Election Day. 1/2 Day on Presidential Election Day. Veterans Day. 1/2 Day before Christmas Day. 1/2 Day before New Years Day. Thanksgiving Day. Page 4 Prevailing Rate Schedule New York State ! Department of Labor .................................. Case Number 9906076 SUFFOLK IBgsA ASBESTOS WORKER WAGES(per hour) 7/01/98- 1/01/99- 12/91/98 6/90/99 Asbestos Worker ....... $ 33.65 1,30 Addit. Per Hr. OVERTIME: See ( C, O, T*, V ) on OVERTIME PAGE. * overtime code T applies to Labor Day only if worked. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, B, 7, 11, 16 ) on HOLIDAY PAGE. For Rem./Abatement: See ( 1 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following percentage of dourneyman's 1st 2nd 3rd 4th 40% 50% 70% 80% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 16,30 Apprentices Same % as wages of $ 16.30 WAGES (per hour) i2/01/97- 6/01/99- 5/3i/99 5/31/00 Rem./Abatement only* .... $ 20.00 22.00 *On mechanicial systems that are not to be scrapped, OVERTIME: Rem./Abatement: Time and One-Half after 8 hours per day and after 5 work days per week. Rem & Abatement $ 4.00 4.00 9-12 BOILERMAKER WAGES(peP hour) 9/01/97- 9/01/98 8/31/98 8/31/99 Boilermaker ( 7-hour day ) ............. $ 32.15 $ 33.05 Boilermaker ( 8-hour day ) ............. 34.10 35,00 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. 24 ) on HOLIDAY PAGE. Page 5 Prevailing Rate Schedule New York State , Department of Labor .................................. Case Number .................................. 9906076 SUFFOLK t998A OVERTIME: See ( 4, 6, 11, 12, 15, 25 ) on HOLIDAY PAGE. LABOR DAY, if worked, at quadruple rate. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th ?th 8th 60% 65% 70% 75% 80% 85% 90% 95% SUPPLEMENTAL BENEFITS: (per hour worked) $ 3.96 plus 47% of wage · rate 4-5 CARPENTER WAGES(per hour) 7/01/98- 12/31/98 Building: Millwright ........... $ 30.26 OVERTIME PAY: See ( B, E, E2, O ) on OVERTIME PAGE. HOLIDAYS: PAID: PAID: OVERTIME: APPRENTICES: 55% 65% See ( 18, 19 ) on HOLIDAY PAGE. See ( 5, 6, 1t, 13, 16, i8, 19, 25 ) for 1st & 2nd yr. Apprentices See ( 5, 6, lt, 13, 16, iB, 19, 25 ) on HOLIDAY PAGE. 3rd. 4th. 75% 95% SUPPLEMENTAL BENEFIT$:(per hour paid) dourneyman $ 22.84 Appr 1st term 15.49 Appr 2nd term 16.85 Appr 3rd term 18.85 Appr 4th term 20.88 9-740 CARPENTER WAGES(per hour) 7/01/98- 12/31/98 Carpet/Resilient Floor Coverer ......... $ 30.06 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. Page 6 Prevailing Rate Schedule New York State Department of Labor ................................. Case Number ................................. 9906076 SUFFOLK 1998A HOLIDAYS: PAID: PAID: OVERTIME: APPRENTICES: 40% 50% SUPPLEMENTAL BENEFITS:(peP hour worked) - See Below. See ( 18, 19 ) on HOLIDAY PAGE. See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices See ( 5, 6, 11, 13, 16, 48, 19, 25 ) on HOLIDAY PAGE. ( 1 ) year terms at the following percentage of Journeyman's wage. 2rd. 4th. 65% 8O% 9-2287 CARPENTER WAGES(per hour) 7/01/98- 7/01/99- 6/30/99 6/30/00 Piledriver ........... $ 29.15 3.00 Doekbuilder .......... , 29.15 Addit. Per Hr~ OVERTIME PAY: See ( B, E2, 0 ) 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. Apprentices OVERTIME: See ( 5, 6, 1t, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following percentage of dourneyman'$ wage. 1st. 2nd. 3rd. 4th. 40% 5o% 65% 8o% SUPPLEMENTAL BENEFITS: (per hour paid) - See Below. 9-t456 CARPENTER WAGES(per hour) 7/01/98- 6/30/99 Marine Diver .......... $ 35.89 Tender .... 26.43 OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 10, 11, 13, 16, 18, 19 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 10, 11, 13, 16, 18, 19 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hou¢ paid) - See Below. 9-1456/D CARPENTER WAGES(per hour) Timberman ......... $ 7/01/98- 7/01/99- 6/30/99 6/30/00 26.60 2.85 Addit. Per Hr. Page 7 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 9906076 SUFFOLK 1998A DVERTIME: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: PA[D: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 19, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following percentage o¢ dourneyman's . wage. 1st. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL 6ENEF[TS:(per hour paid) - See Below. 9-1536H CARPENTER The following Supplementa] I~eneftts apply to the preceding Carpenter categories and/or Occupational tit]es unless otherwise noted. 7/01/98- 12/31/98 SUPPLEMENTAL BENEFITS:(per hour paid) dourneyman $ 20.90 Apprentices 14.85 9-NYO/Supp CARPENTER WAGES (per hour) Building: Carpenter ............... Heavy/Highway: Carpenter ............... 7/O1/97- 7/O1/98- 6/80/98 6/80/99 $ 29.41 $ 1.43 additional $ 29.84 $ 1.45 additional OVERTIME PAY: See ( A, E, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10, 16 ) on HOLIDAY PAGE. APPRENTICES : ( 1 ) year terms at the following wages. Heavy/Highway Building 1st yr $ 12.66 $ t2.49 2nd yr 16.95 16.72 3rd yr 19.81 t9.54 4th yr 24.1t 23.77 SUPPLEMENTAL BENEFITS:(per hour worked) .................................. Case Number .................................. 9906076 SUFFOLK 1998A dourneyman $ 18.57 Appr 1st & 2nd terms 12.66 Appr 3rd & 4th terms 18.57 4-SUF ELEVATOR WAGES (per hour) 7/01/98- 6/30/99 Elevator Constructor ..... $ 35.75 29.91 50% 55% 6o% 65% 70% 75% OVERTIME PAY:CONSTR. See ( C, 0 ) on OVERTIME PAGE. OVERTIME PAY:MODERN./SERV. See ( 8, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 7, 11. 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) Construction $ 9.52 Modern./Service 9.37 Helpers (first 6mos. only) 6.12 GLAZIER WAGES(per hour) 6/01/98- 6/01/99- 5/31/99 5/31/00 Glazier .............. $ 31.16 1.10 Addlt. Per Hr. OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5. 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the folowing percentage o¢ dourneyman's wage, 1st 2nd 3rd 4th 35% 45% 60% 8O% Page 9 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 9906076 SUFFOLK 1998A SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 16.42 Appr 1st term 10.42 Appr 2nd term 11.48 Appr 3rd term 13.01 Appr 4th term 15.04 9-1087 (DC9 NYC) ELECTRICIAN WAGES (per hour) 6/01/98- 4/30/99 Electrician ............ $ 33.25 Fire Alarm ............. 33.25 Audio/Sound ......... :.. 33.25 OVERTIME PAY: See ( B, Q, V** ) on Overtime Page. HOLIDAYS: PAID: See ( 1 OVERTIME: See on HOLIDAY PAGE. 5, 6, 16, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (percents based on gross wages-others per hour) 6/01/98- 4/30/99 dourneyman 43.5% + App 1st yr 33% + $4.83** App 2nd yr 43.5% + App 3rd yr 43.5% + $4.83** App 4th yr 43.5% + $4,83** Apr 5th yr 43.5% + App 6th yr 43.5% + $4.83** PUMP & TANK WORK 6/01/98- 5/31/99 APPRENTICES: ( 1 year terms at the following percentage of dourneyman's wage. 30% 35% 40% 50% 60% 70% Page 10 Prevailing Bate Schedule New York State Department of Labor .................................. Case Number 9906076 SUFFOLK 1998A dourneyman ........... $ 28.65 OVERTIME; See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: Paid ( 1 Overtime ( B, 6, Apprentices: One ( ) 16, 25 ) on HOLIDAYS PAGE. 1 ) ye&r terms at the following percent of journeymans rate. 1st 2nd 9rd 4th 5th 40% 50% 60% 70% 8¢/° Supplemental Benefits : per hour worked. 5o 1/2% 4-25 ELECTRICIAN WAGES (per hour) 10/05/97- 10/03/98 Lineman / Splicer ....................... $ 29.16 OVERTIME PAY: See ( B, Q ) on OVERT[ME PAGE. Page 11 Prevailing Rate Schedule New York State Department of Labor .................................. Case Numbe~ .................................. 9906076 SUFFOLK 1998A HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 9. 10, 11, 16 ) on HOLIDAY PAGE. * APPRENTICES: 1000 hour periods at the following percentage of journeyman,s wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. SUPPLEMENTAL BENEFITS; (percents Dased on gross wages-ot~ePs per houP) 10/05/97- 10/03/98 23 % + $ 3,37 4-1049 line ELECTRICIAN Applicable to electrical maintenance of existtng electrical systems including, nut not limited to, traffic signals and street lighting. WAGES (pep hour) 5/01/98- 4/30/99 Electrician $ 26.45 OVERTIME PAY: See ( B, H, ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following wage. 1st 2nd 3rd 4th 5th 40% 50% 60% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) 32 1/2% of wage plus $2.18 TRIMMER - Line Clearance Specialist WAGES (pep hour) 7/01/98- 12/31/98 4-25m TREE $ t9.91 OVERTIME: See ( B, E, P, T ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 8, 9, t0, 11, 16, day before and day after. OVERTIME: See ( 5, 6, 8, 9, 10, t8, 19 ) on HOLIDAY PAGE.( Must work 16, 18, 19 ) on OVERTIME PAGE. Case NumDer ................................. 9906076 SUFFOLK 1998A SUPPLEMENTAL BENEFITS: (per hour worked) $ 3.12 + 12 1/2 % 4-1049 IRONWORKER WAGES(per hour) 1/01/98- ?/01/98- 1/01/99- 6/30/98 12/31/98 6/30/99 Structural ........... $ 35.95 Riggers .............. 35.95 Machinery Movers ..... 35.95 Erectors,.. 35.95 Per Per Hr. Hr. OVERTIME PAY: See ( B, E*, O,, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 18, t9 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 18, 19 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following wage. 1st. 2nd. 3rd. 4th. 5th. 6th. $ 19.65 20.25 20.25 20.85 20.85 20.85 SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 22.33 Apprentices 17.88 9-40/361 IRONWORKER WAGES(per hour) 7/Ol/98- 6/30/99 Reinforcing & Metal Lathing .......... $ 31.45 OVERTIME PAY: 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:( I ) year terms at the following wage rates. 1st 2nd 3rd 4th $16.00 $18.88 $21.86 $24.82 SUPPLEMENTAL BENEFITS:(per ho~r worked) dourneyman $ 17.48 Appr 1st term 10.68 2nd term 11.68 3rd term 13.68 4th term 16.88 Page 13 Prevailing Rate Schedule New York State ~ Department of Labor .................................. Case Number .................................. 9906076 SUFFOLK 1998A 9-46 IRONWORKER WAGES(per hour) 01/01/98- 07/01/98- 01/01/99 6/30/98 12/31/98 6/30/99 Ornamental ............. $ 32.65 .95 1.00 Chain Link Fence ....... 32.65 Addtt, Addit. Guiderail Installation. 32.65 PeP Hr. Per Hr, * APPRENTICES Use this Pate fop % .... 27.80 OVERTIME PAY: See ( A, DI, E*, Q, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8 ) on HOLIDAY PAGE. APPRENTICE (1/2 ) year terms at the Following percentage of dourneyman's 'wage. 1st. 2nd. 3rd. 4th. 5th. 6th, 60% 65% 70% 80% 85% 95% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 17.70 Appr 1st term 18.63 Appr 2nd term 19.12 Appr 3rd term 19.61 Appr 4th term 20.59 Appr 5th term 21.08 Appr 6th term 22,06 9-580 LABORER WAGES (per hour) Building Laborer: Except Abatement ...... For Abatement See Below 01/01/97- 07/01/97- 07/01/98- 01/01/99- 06/30/97 06/30/98 12/30/98 06/30/99 $21,28 $0.71 add $0.54 add $0.54 add OVERTIME PAY: See ( A, F, E2 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (pep hour worked) $ 13.98 $ 13.98 06/01/96- $ 13.98 $ t3.98 12/0t/97- 06/0t/99- Page 14 Prevailing Rate Schedule New York State ~ Department of Labor .................................. Case Number ................................ 9906076 SUFFOLK i996A 11/30/97 05/31/99 Abatement Only: ................ $ 1B.O0 $ 20.00 Supplemental Benefits ( per hour worked ) ............ $ 4.00 $ 4.00 05/31/2000 $ 22.00 $ 4, O0 4-66 LABORER - HEAVY/HIGHWAY Laborer (Heavy/Highway): Group # 1: Asphalt Rakers and Formsetters. Group # 2: Asphalt Shovelers, Roller Boys and Tampers. WAGES (pen hour) 6/01/98- 6/31/99 Heavy/Highway Laborer: Group # 1 .............. $ 25.t0 Group # 2 ............. 24.52 Group # 3 ............. 22.62 NOTE: PREMIUM PAY 20% on straight time hours for NEW YORK STATE D.O.T and other GOVERNMENTAL MANDATED off-shift work. OVERTIME PAY: See ( B, H, E2 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 16, 25, 26 ) on HOLIDAY PAGE. OVERTIME: See ( B, 6, 16, 25, 26 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 12.22. *$ 4.20 after 40 regular hours 4-1298 WAGES(per hour) 7/01/96- 1/01/99- 12/31/98 6/30/99 Building: Marble/ Sawyer, Rubber & Polisher ............ $ 29.49 Marble/ Cleaner ....... 14.62 Maintenance... 14.62 29.63 14.62 14.62 OVERTIME PAY: See ( A, E, Q, v ) on OVERTIME PAGE. PAID HOLIOAY: dourneymen receive 1/2 days pay for Labor Day. Cleaner, Maintenance and 1ST three terms of Apprentices See ( 5, 6, 11, 15 ) on HOLIDAY PAGE. Ali others See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 11, 15 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of deurneyman's wage. 1st 2nd 3rd 4th 5th 6th ?th 8th 50% 55% 60% 65% 70% 80% 90% 95% Page 15 Prevailing Rate Schedule New York State , Department of Labor .................................. Case Number .................................. 9906076 SUFFOLK 1998A SUPPLEMENTAL BENEFITS:(peP hour worked) Appr $ 12.58' 2.40 5.80 + wage percentage of $ 6.09 9-7/24 MASON - Building WAGES(per hour) 7/01/98- 12/31/98 Building: 6ricklayer .......... $ 31.43 1/01/99- 6/30/00 .60 Addit. Per Hr. OVERTIME PAY: See ( A, E, E~, 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 dourneyman's wage. 1st 2nd 3rd 4th 5TH (500 Hfs) 6TH (500 Hfs) 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(peP hour worked) dourneyman $ 15.21 Appr 8.03 9-1Brk MASON-Buildin~ Unit Pavin~ Work* * Shall 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- asphaltic cement sand and stone aggregate, unit safety surface. WAGES(per hour) 7/01/98- 12/31/98 dourneyman .............. $ 23.72 Apprentice ( one year term ) .... 19.78 OVERTIME PAY: See ( B, E, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE, OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(peP hour worked) Appr $ 10.41 5,98 g-I Paver PLASTERERS - SKIMCOATING Page 16 Prevailing Rate Sohe~ule New York State Department of Labor .................................. Case NumDeP ................................ 9906076 SUFFOLK 1998A WAGES(per hour) 2/04/98- 2/03/99- 2/02/99 2/01/00 dourneyman ........... $ 25.56 26.31 OVERTIME PAY: See ( C, E2, 0 ) on OVERTIME PAGE. PAID: See ( 1 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the Following percentage of journeyman's 40% 45% 55% 60% 70% 75% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 12.00 12.65 Appr Same percentage 9-530 MASON - Pointer/Caulker/Cleaner WAGES(per hour) 7/01/98- 6/30/99 Pointer, Cleaner,& Caulker (Mason) ..... $ 27.16 OVERTIME PAY: See ( B, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( OVERTIME: See APPRENTICES: 1st 2nd $12.25 16.25 on HOLIDAY PAGE. 5, 6, 25, 26 ) on HOLIDAY PAGE. 19.75 23.00 SUPPLEMENTAL 9ENEFITS:(per hour worked) dourneyman $ 11.75 Appr 1st term 2,50 Appr 2nd term 2.75 Appr 3rd term 4,50 Appr 4th term 6.50 9-1PCC MASON WAGES(peP hour) 7/01/97- 7/01/98- 6/30/98 6/30/99 Page 17 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 9906076 SUFFOLK 1998A Cement Mason ......... $ 32.00 1.54 Addit. Per Hr. OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 13, 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of dourneyman's wage. 1st 2nd 3rd 4th 5th 6th 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) $ IG.85 9-780 WAGES(per hour) 7/01/98- 12/31/98 Building: Plasterer ............ $ 29.27 OVERTIME PAY: See ( A, G, P, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERT[ME: See ( 5, 6, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 40% 60% 80% SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 12.25 Appr Ist three months 0.00 All other Appr 12.25 9-202P WAGES (per hour) 7/01/98- 1/01/99- 12/31/98 6/30/99 Building: Mosaic & Terrazzo Workep...$ 31.38 31.38 Helper...$ 90.07 30.07 OVERTIME PAY: See ( A, E, Q, v* ) on OVERTIME PAGE. * $ 5.46 added to supplements. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. .................................. Case Number ................................ 9906076 SUFFOLK 1998A OVERTIME: See ( 5, 6, 8, 11, 15, 16, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:.(per hour worked) $ 13.10 $ 13.85 9-7/3 WAGES(per hour) 5/01/98- 10/31/98 Building: Tile Layer ........... $ 29.41 11/01/98- 5/01/99- 4/30/99 10/31/99 29.78 30.26 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 5, 8, 10, tl, 15, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hr)terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 13.82 14.32 9-7/52 50% 55% 65% 75% 85% SUPPLEMENTAL BENEFITS:(per hour worked) $ 13.37 95% MASON - Buildin~ WAGES(per hour) 6/01/98- 6/01/99 5/31/99 tl/30/99 Tile Layer Helper & Finisher ....... $ 25.19 25.74 OVERTIME PAY: See ( A, O ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 15, SUPPLEMENTAL BENEFITS:(per hour worked) $ 10.93 $11.08 16 ) on HOLIDAY PAGE. 9-7/88 IRONWORKER WAGES(per hour) 6/01/98- 6/30/98 Oerrickman/Rigger .... $ 30.59 7/01/98- 1/0t/99- 12/31/98 6/30/99 Page 19 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 9906076 SUFFOLK 199BA OVERTIME PAY: See ( C, O, v ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 50% 60% 70% 80% 90% 90% SUPPLEMENTAL BENEFITS:(peP hour worked) $ 22.64 9-197 MASON - Building. WAGES(per hour) 7/01/97- 12/31/98 Building: Marble Cutters & Setters ............. $ 32.08 1/01/99- 6/30/99 32.88 OVERTIME PAY: See ( B, O, V ) on OVERTIME PAGE attached. PAID HOLIDAY: dourneymen recetve 1/2 days pay for Labor Day. Apprentices 1St three terms See ( 5, 6, 8, 11, 15 ) on HOLIDAY PAGE, Plus any day following a Thursday or Sunday Holiday. All others See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 15, ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 50% 55% 65% 70% 80% 95% SUPPLEMENTAL BENEFITS:(peP hour worked) dourneyman $ 15.65 Appr 5.90 wage percentage of $ 9.75 9-7/4 WAGES(per houp) 7/01/98- 12/31/98 Crane & Derrickman...$ 26.22 1/01/99- 6/30/99 26.97 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. PAIO HOLIDAY: t/2 Day for Labor Day. OVERTIME: See ( 5, 6, 8, 11, 15, 25 ) on OVERTIME PAGE. Page 20 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number ................................. 9906076 SUFFOLK 1998A SUPPLEMENTAL BENEFITS:(per hour worked) $ 16.97 16.92 9-7/20 PAINTER AND DRYWALL FINISHER WAGES (per hour) 6/01/98- 5/31/00 Brush, Paper Hanger,Taper $ 26.05 Structural Steel ......... 33.63 Spray, Scaffold,Sandblast 28.47 Repaint/Renovation ....... 20.89* *Additional $2.00 par hr. for Hanging Scaffold, Spray, Sandblasting, and Rolling Scaffold 20' and over. Lead Abatement at same rata as classification. OVERTIME PAY: See ( A, K ) on OVERTIME PAGE. OVERTIME PAY-Repaint/Renovation: See ( B on OVERTIME PAGE. HOLIDAY: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( S, 6 ) on HOLIDAY PAGE APPRENTICES: ( 1 ) year terms at the Following rates. 1st 2nd 3rd Brush $ 10.73 16.01 19.11 Scaff./SB 11.84 17.62 21.09 Struc. Stl. 12.94 19.24 23.08 Rpt/Ren. 10.73 16.01 19~11 SUPPLEMENTAL BENEFITS: (per hour worked) Rpt/Ren. dourneyman $ 13.67 All other dourneyman 13.67 Appr 1st year 4.76 Appr ali other terms 10.18 4-1486 PLUMBER WAGES (per hour) 11/01/96- 4/30/97 Plumber .............. $ 32.50 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAY: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: 1 ) year terms at the following percentages of gourneyman's wage. 1st 2nd 3rd 4th 5th 40% 50% 65% 70% 75% Page 21 Prevailing Rate Schedule .................................. Case Number .................................. 9906076 SUFFOLK 1998A SUPPLEMENTAL BENEFITS: (per hour worked*) dourneyman $ 14.53 Appr 1st term 8.74 Appr 2nd term 10.23 Appr 3rd term 10.23 Appr 4th term 10.84 Appr Sth term 11.17 *Sunday and Holiday Benefits patd at Double Time rate. PUMP & TANK WORK 6/01/98- 6/01/9B- 5/31/99 5/31/99 dourneyman ................. $ 28.00 $ 28.50 Overtime: ( B, E, O ) on Overtime Page. Holidays: Paid ( 1 ) Overtime ( 5, 6, 9, 10, 16 ) on Holiday Page. 40% 50% 60% 70% Supplemental Benefits ; per hour worked. dourneyman ................. $ 14.71 App. 1st yr ................... 6.06 App. 2nd yr ................... 7.37 App. 3rd yP ................... 8.B8 App. 4th yr .................. 10.29 4-200 STEAMFITTER WAGES(per hour) 7/01/98- 12/30/98- 12/29/98 6/30/99 Steam Fttter .......... $ 84.05 1.25 Sprinkler Fitter ...... 34.05 Addtt. OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following percentage of dourneyman's wage. 1st. 2nd. 3rd. 4th. 5th. 40% 50% 65% 80% 85% SUPPLEMENTAL BENEFITS:(peP hour paid) dourneyman $ 17.50 Page 22 Prevailing Rate Schedule Case Number 9906076 SUFFOLK 199BA Apprentices + .34 per hou~ worked 14.49 + .34 per hour worked term percentage of 17,50 plus .34 per hour worked 9-638A STEAMFITTER WAGES(per hour) ?/Ol/98- 6/30/99 Steamfitter ......... $ 22.30 Refrigeration. A/C, Oil Burner and Stoker Service and Installations. Limited on Refrigeration to combined compressors up to five (5) horsepower and on A/C, OVERTIME PAY:See ( B, E, Q*, S** ) on OVERTIME PAGE. HOLIDAYS: PAID: 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: $6.72 ( 1 ) year terms at the following wage. 2nd 6 mo 2nd yr 3rd yr 4th yr 10.83 1B,04 15,19 18.3t SUPPLEMENTAL BENEFITS:(per hour worked) dourneyman $ 5.56 Appr 1st term 5.35 Appr 2nd term 5.14 Appr 3rd term 4.98 Appp 4th term 4.85 9-638B ROOFER WAGES (per hour) 10/01/97~ 9/30/98 Roofer/Waterproofer ..................... $ 25.14 OVERTIME PAY-New Roof: See ( A, E, Q ) on OVERTIME PAGE. OVERTIME PAY-Retool: See ( B, E, O ) on OVERTIME PAGE. 10/01/98 9/30/99 HOLIDAYS: PAID: See ( 1 OVERTIME: See APPRENTICES: ( 1 1st 2nd 3rd 4O% 5O% ?o% on HOLIDAY PAGE. 5, 6, 10, 13, 16 ) on HOLIDAY PAGE. 4th 80% .................................. Case NumPer .................................. 9906076 SUFFOLK 1998A SUPPLEMENTAL BENEFITS: (per hour worked) dourneyman $ 16.50 Apprentices 1st 2.00 2nd 3.75 3rd 8.96 4th 13.12 4-154 SHEETMETAL WORKER WAGES (per hour) Sheetmetal Worker .... 01/29/98- 08/01/98- 02/01/99- 07/31/98 01/3t/99 07/31/99 $ 30.88 $ 0.75 addl $ 1.0~ addl For Temporary Operation or Maint. of Fans. 80% of Sheetmetal Worker Rate. OVERTIME PAY: See ( C, E2, 0 ) on OVERTIME PAGE. (. D, E2, O, for FAN MAINT.) HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: 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 6th 7th 8th 30% 35% 40% 45% 50% 55% 60% 70% SUPPLEMENTAL BENEFZTS: (per hour worked) dourneyman $ 19.17 (Straight Time) Appr 1st term Appr 2nd term Appr 3rd term Appr 4th term Appr 5th term Appr 6th term Appr 7th term Appr 8t~ term 25.47 (Overtime) 30% of journeyman benefits 35% 4O% 45% 50% 55% 60% 70% 4-28 WELDER Welder To be paid the rate of the mechanic performing the work. TEAMSTER-Buildtn~ Truck Driver (Building and Heavy/Highway): GROUP 1: Chauffeur and Excavation. GROUP 2: Euclid and Turnapul] type trucks. WAGES (per hour) 7/01/98- 6/30/99 Truck Driver (Building and Heavy/Highway): Group 1 ................. $ 27.205 Page 24 Prevailing Rate Schedule .................................. Case Number 9906076 Group 2 ................. 23.795 Drivers of three-axle tractors & trailers, $4.OO per day additional. Delvers of heavy equipment & tagalong trailers, $10.00 per day additional. Drivers of boom trucks, $8.00 per day additional. OVERTIME PAY: See ( B, E, R ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 5, 6, 16, 25 )* on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16, 25 )* on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) STRAIGHT TIME ............ $ 10.4525 OVERTIME ................. 9,579 4-282nsh TEAMSTER-Oemolttion/DebPis~ Asbestos/Toxic Waste WAGES (per hour) 7/01/98- 6/30/99 Truck Driver, Chauffeur or Loader/Operator Stright dobs ........... $ 20.35 Trailers ............... 20.65 OVERTIME PAY: See ( B, L, S, S1,) on OVERTIME PACE. HOLIDAYS: PAID:(*)See ( B, 6, 7, 8, 11, 12, 26 ) on Holiday Page. (*) Must work two days in Holiday week SUPPLEMENTAL BENEFITS: (per hour worked) Stright time $ 12.75 Additional for Overtime 3.74 4-282.Demo SIGN ERECTOR WAGES (per hour) 1/01/98- 6/30/98 Sign Erector ......... $ 24.65 Plastic Mechamic ..... 19.72 OVERTIME PAY: See ( A, H ) on OVERTIME PAGE. HOLIDAYS: PAIO: See ( 5, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE. OVERTIME: See ( B, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE. APPRENTICES: (1) year terms at the following percentage of dourneyman's wage. 1st 2nd 3rd 4th Sth 35% 45% 55% 65% 75% Page 25 Prevailing Rate Schedule .................................. Case Number .................................. 9906076 SUFFOLK 1998A SUPPLEMENTAL BENEFITS: dourneyman Appr 1st yr Appr 2nd yr Appr 3rd yr Appr 4th yr Appr 5th yr $ 4.62 per hour paid + 20 % of wage + $ 27.00 per day paid + $ 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 + $ 115.00 per month $ 2.44 per hour paid + 2% of gross wage + $ 0.20 per hour worked + $ 115.00 peF month $ 2.922 per hour paid + 18% of gross wage + $ 2.00 per day paid + $ 0.20 pep hour worked $ 3.404 per hour paid + 20% of gross wage + $ 4.00 per day paid + $ 0.20 per hour worked $ 3.468 per hour paid plus 20% of gross wage plus $ 6.00 per day paid plus $ 0.20 per hour worked 9-137 PAINTER - Stripin~ Highway WAGES(per hour) Painter (Striping-Highway): 4/01/98- 4/01/99- 3/31/99 3/31/00 Striping-Machine Operator ....... $ 20.57 Helper .................... 15..14 Ltnerman ....................... 23.09 21.57 15.79 24.09 9-Sa/28a OVERTIME PAY: See ( 8, E, P. S ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 2, 8, 11, 12, 15, t6, 17. 20 )ON HOLIDAY PAGE. OVERTIME: See ( 2, 8, 11, 12, 15. 16, 17, 20, 21. 22 ) ON HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(peP hour paid) 22% of wage + $ .50 .................................. Case Number .................................. 9906076 SUFFOLK 1998A (230) SURVEY CREW - Building WAGES:(per hour) 7/ol/98- 6/30/99 Survey Rates-Building: Party Chief ......... $ 30.01 Instrument Man ...... 25.60 Rodman ............... 17.48 OVERTIME PAY: See ( A, E*, O, V ) ON OVERTIME PAGE; HOLIDAYS: PAID: 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 wage rates. SUPPLEMENTAL BENEFITS: (per hour paid) dourneyman $ 15.15 Apprentice 8.65 9-150b SURVEY CREW - Heavy/Highway WAGES: (per hour) 7/01/98- 6/30/99 Survey Rates-Heavy/Highway: Party Chief ............. $ 29.14 Instrument Man .......... 23.41 Rodman .................. 20.63 OVERTIME: See ( B, E*, Q, V ) ON OVERTIME PAGE. *Doubletime paid on the 9th hour on Saturday. HOLIDAYS: PAID: See ( 6, 6, 7, 11, 12 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11, 12 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following wage rates. 1st term $ 9.97 2nd term 14.14 SUPPLEMENTAL BENEFITS (per hour paid) dourneymen $ 15.15 Apprentice 8.65 9-t5D-N/S co. SURVEY CREW - ConsultinG Engineer Page 27 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 9906076 SUFFOLK 199BA CONSULTING ENGINEER SURVEY Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a Consulting Engineer agreement. WAGES:(per hour) 7/01/98- 7/01/99- 6/30/99 6/30/00 Survey Rates: Party Chief ......... $ 23.40 Addit. Instrument Man ...... 20.07 .56 Rodman .............. 17.32 Per Hr. OVERTIME PAY: See ( B, E*, Q, V ) ON OVERTIME PAGE. *Doubletime paid on the 9th 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 terms at the following wage Pates. 1st term $ 9.87 2nd term 14.04 SUPPLEMENTAL BENEFITS: (per hour paid) dourneyman $ 9.55 Abprentice 6.75 9-15dconsult CORE DRILLING WAGES(per hour) 10/17/97- 10/17/98- 10/16/98 10/16/99 Core Drilling: Driller .............. $ 22.23 addit. Helper ................ 18.72 $1.00/hr. For Level C, an additional $ 0.25 per hour OVERTIME PAY: See ( B, E, K*, P, R** ) on aVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6 ) on HOLIDAY PAGE. OVERTIME: * See ( 5, 6 ) on HOLIDAY PAGE. · * See ( 8, 10, 11, 13 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) $ 7,69 Page 28 .................................. Case Number ................................. 9906076 SUFFOLK t998A 9-t536 POWER EQUIPMENT OPERATOR - Heavy/Highway WAGES (per hour) 8/01/97- 7/31/98 Well Driller: Well Driller: .......... $ 23.61 Well Driller Helper:... 21.07 OVERTIME PAY: See ( 8. E. G, P ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6. 10, 12, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10. 12, 16 ) on OVERTIME PAGE. Apprentices: ( 1 ) year term6 at the following rates; lst.yr ............... $ 11.00 2nd.yr ............... 12.50 3rd.yr ............... 14.50 SUPPLEMENTAL BENEFITS: (per hour worked) dourneyman .... $ 8.30* plus 10% of straight time rate Apprentice. $ 5.00 plus 10% of straight *$10.10 plus 10% of straight time rate for overtime hours. POWER EQUIPMENT OPERATOR - Buildinq BUILDING: CLASS "A": Asphalt Spreader, Backhoe Crawler, Boiler. Boring Machine, Cherry Picker (over 50 tons), Concrete Pump, Crane, Derrick, Dragline, Dredge, Grada]l, Grader, Hoist, Loading Machine (10 yds or more), Milling Machine. Pile Driver. Power Winch-Stone Setting/Structural Steel/Truck Mounted, Powerhouse. Road Paver, Scoop-Carryall-Scraper in Tandem. Shovel. Bideboom Tractor. Stone Spreader (Self Propelled), Tank Work, Tower Crane Engineer. CLASS "B": Backhoe, Boom Truck, Bulldozer, Bmolng Machine/Auger, Cherry Picker, Conveyor-Mu)ti, Dinky Locomotive, Fork Lift. Hoist (20rum), Loading Machine & Front Loader. Mulch Machine (Machine fed), Power Winches (All others not included in CLASS A), Asphalt Roller, Hydraulic Pump with Boring Machine. CLASS "C": Curb Machine. Maintenance Engineer (Small Equip. & Well Point), Field Mechanic, Milling Machine (Small). Pulvi-Mixer, Pumps. Roller (Dirt), (Structural Steel & Pile Work). Page 29 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 9906076 SUFFOLK 1998A CLASS "D": Compressor (Pile, Crane. Stone setting). Concrete Breaker/Saw Cutter, Work Lift (Walk Behind/Power Operated), Generator (Pile Work), Hydra Hammer, Hand Operated Mechanical Compactors, Pin Pul)er. Portable Heater, Power-Broom/Buggy/Grinders, Pumps-Single Action I to 3 inches/Gypsum/Double Action Diaphragm, Hand Trenching Machine, Welding Machine. Pump (Centrifugel up to 3 inches), Root Cutter, Stump Chipper, Diler on Tower WAGES (per hour) ?/O1/9B- 5/31/99 Class " A " ............... $ 30.61. *Add $3.00 for Hazardous Waste Work Class " B " ............... 28.97* *Add $2.00 for Hazardous Waste Work Class "C" ..... ; .......... 27.88* *Add $1.00 for Hazardous Waste Work Class " D " ............... 25.69 Class " E " ............... 24.60 *Cranes : Boom length oven 100 foot add $ 0,50 per hour 150 $ O.75 250 $ 1.00 350 $ 1.50 OVERTIME PAY: See ( D. 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5. 6, 7. 8. 11. 16 ) on HOLIDAY PAGE.* OVERTIME: See ( 5. 6, 7, 8. 11, 16 ) on HOLIDAY PAGE.* APPRENTICE RATE is $ 16.41 for 36 month term. SUPPLEMENTAL BENEF[TS: (per hour worked) $ 20.24*Note *Note: OVERTIME dOURNEYMAN $ 18.10 -- APPRENTICE $ 12.99. OVERTIME APPRENTICE $ 5.60 POWER EQUIPMENT OPERATOR - Heavy/Highway HEAVY / HIGHWAY: CLASS "A": Asphalt Spreader, Backhoe Crawler. Boiler, Boring Machine. Cherry Picker (over 50 tons), Concrete pump, Crane. Derrick, Dragline, Dredge. Gradal], Grader. Hotst Loading Machine (10 yds or more), Milling Mechtne. Pile Driver, Power Winch-Stone Setting/Structural Steel/Truck Mounted. Powerhouse, Spreader (Self Prope13ed). Tank Work, Tower Crane Engineer,Track Alignment Machine. CLASS "B": Backhoe, Boom Truck, Bulldozer. Boring Machine/Auger, Cherry Picker. conveyor-Multi. DinKy Locomotive, Fork Lift. Hoist (2 Drum), Loading Machine and Front Loader, Mulch Machine (Machine fed), Power Winches (All others not Included in CLASS A), Asphalt Roller, Hydraulic Pump with Boring Page 30 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number ................................. 9906076 SUFFOLK 1998A CLASS "C": Curb Machine, Maintenance Enginee~ (Small Equip. & Well Point), d Field Mechanic, Milling Machine (Small), Pulvi-Mixer. Pumps, Roller (Dirt). Vac-All. Welding/Burning, Compressor (Structural Steel & 2 or more in Battery), Concrete Finishing Machine. Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist (one drum), Ridge Cutter, Striping Machine, Welding Machine (Structural Steel & Pile Work). CLASS "D": Compressor (Pile, Crane. Stone Setting), Concrete Breaker/Saw Cutter. Work Lift (Walk Behind, Power Operated), Gemerator (Pile Work). Hydra Hammer. Hand Operated Mechanical Compactors, Pin Puller. Portable Heater, Power-Broom/Buggy/Grinders, Pumps-Single Action 1 to 3 inches/Gypsum/Double Action Diaphragm, Hand Trenching Machine, Welding Machine. Pump (Centrifugal up to 3 inches), Root Cutter, Stump Chipper, Oiler on Tower Class " F ": Lead Tec TV Cr~w. WAGES (per hour) 7/01/98- 5/31/99 Class " A " ............... $ 31.48. *Add $3.00 for Hazardous Waste Work Class "B ". ............ 29.30* *Add $2.00 For Hazardous Waste Work. Class " C " ............. 28.20* *Add $1.OO For Hazardous Waste Work. Class " D " ............. 26.02 Class "E ". ............ 24.92 Class " G " ............. 27.62 150 $ 0.75 250 $ 1.00 35O $ t.50 NOTE: PREMIUM PAY 20% on straight time hours for NEW YORK STATE D.O.T. and other GQVERNMENTAL MANDATED Off-shift work. OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIDAYS: *must work day before & day after,or receive 2 hfs per intermittent day OVERTIME: See ( 5. 6, 8, 11. 12, 15. 16 ) on Overtime Page.* APPRENTICE RATE is $15.94 per hour for entire 36 month term. SUPPLEMENTAL BENEFITS: (per hour worked) $ 20.24* NOTE *Note: OVERTIME dOURNEYMAN $ 18.10 -- APPRENTICE $ 12.99- OVERTIME APPRENTICE 5.60 4-138 Page 31 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 9906076 SUFFDLK t998A MARINE CONSTRUCTION WAGES (per hour) Hydraulic Dredge: Class A: Leverman ............. Engineer, Derrick Op. Chief Mate on Dredge. Class C: Maint. Eng ........... Mate ................. Boat Captain ......... Class D; Deckhand ............. Fireman, Oiler ....... Shoremam ............. 10/01/97- 10/01/98- 10/01/99- 9/30/98 9/30/99 9/30/00 $ 24.61 $ 25.18 $ 25.78 22.08 22.34 22.61 21.76 22.01 22.28 21.59 21.83 22.07 20.14 20.35 20.57 20.29 20.50 20.72 16.49 16.58 16.74 17.07 17.23 17.39 1~.43 16.58 16.74 22.31 22.69 23.09 20.80 21.10 21.47 21.44 22.69 23.09 20.59 21.10 21.63 16.65 16.80 16.96 Tug Boats: Class A: Tug Master ........... Tug Chief Engineer... Class C: Tug Captain .......... Tug Engineer ......... Class D: Tug Deckhand ......... Dipper and Clamshell Dredges: Class A: Engineer ............. Class C: Malnt. Engineer ....... Mate ................. Boat Master, Welder.. Boat Captain ......... Class D: Deckhand ............. 25.05 25.64 26.26 22.56 22.83 23.12 21.59 21.83 22.07 20.14 20.35 20.57 21.25 21.49 21.74 20.29 20.50 20.72 17.07 17.23 17.39 16.65 16.80 16.96 OVERTIME PAY: See ( 85 F, R ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 5, 6, B, 10, 15 ) on HOLIDAY PAGE, OVERTIME: See ( 5, 6, 8, 10, 15 ) on Dvertime Page The following SUPPLEMENTAL BENEFITS apply to ALL classifications of the above HYDRAULIC, DIPPER, CLAMSHELL DREDGES and TUG BOATS. SUPPLEMENTAL BENEFITS: (per hour worked) All Class A & B $ 4.81 ( OVERTIME $ 0.80 EXTRA ) plus 8% of wage All Class C $ 4.51 ( OVERTIME $ 0.65 EXTRA ) Page 32 Prevailing Rats Schedule New York State Department of Labor .................................. Case Number ................................. 9906O76 SUFFOLK 1998A All Class D plus 8% of wage $ 4.21 (DVERTIME $ 0.50 EXTRA ) plus 8% o¢ wage 4-25a MARINE CONSTRUCTION WAGES (per hour) Drill Boat: Class A: Engineer ......... Blaster .......... Driller .......... 8oat Fapt ........ Class C: Welder/Machinist. Class D: Oiler/Helper ...... Deckhand .......... Come Driller ...... Helper ............ 10/01/97- 10/01/98- 10/01/99- 9/30/98 9/30/99 9/30/00 $ 22.96 $ 23.24 $ 23.54 23,22 23,51 23.81 22.97 23.25 23.55 19.15 19.34 19.53 22.77 23.03 23.30 OVERTIME PAY: See ( B, P, R, ) on HOLIDAY~ PAID: See ( 5, 6, 8, 10, 15 ) on Holiday Page. OVERTIME: See ( 5, 6, 8, 10, 15 ) on Overtime Page. 20.05 20.25 20.46 15.69 15.83 15.97 18.21 18.38 18.56 16.26 16.41 16.56 Overtime Page. SUPPLEMENTAL BENEFITS: (per hour worked) Class A & B $ 3.76 plus $ 4.08 plus 8% of wage 8% of wage Class C $ 3.37 plus $ 3.59 plus 8% of wage 8% of wags Class D $ 3.01 plus $ 3,11 plus 8% of wage 8% of wage A & 6 add ................ $ 0.91 C add .................... 0.64 D add .................... 0.53 Double Time 0.82 0.58 $ 2.12 $ 4.38 plus 8% of wage $ 3.79 plus 8% of wage $ 3.21 plus 8% of wage 0.92 0.63 $ 2.42 1.83 1.25 4-25/3 STATE OFNEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS BUILDING 12- ROOM 136 ALBANY, NEWYORK 12240 ********** CORRECTION July 6. 1998 This correction applies to the following counties: I Nassau I Suffolk ELECTRICIAN - Telephone and Inte.qrated Tel-Data Systems: (Please contact the Bureau's Hempstead District Office at (516) 485-4878 conceming the use of these rates.) WAGES (per hour) Joumeyman ....... Cable Puller ....... 4/25/98 to 4/30/99 5/01/99 to 4/28/2000 $24.94 $25.69 $8.42 $8.67 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ....... 39 % % + .52 40% + .52 Cable Puller ....... 29% + .62 29% + .52 NOTE: These rates do not apply to construction of new buildings or major renovation of an existing building. In those cases the inside construction or regular electrician rate applies. OVERTIME PAY: See (B, E, Q) on VACATION PAGE HOLIDAYS: Paid: See (1) on HOLIDAY PAGE Overtime: See (6, 6, 11, 12, 16, 25) on HOLIDAY PAGE 4-25 Tel Telephone (518) 457-5589 · Page 1 FAX (518) 485-1870 Status: Approved Schedules Union Name: Job Description: Counties: Prevailing Wages Sheetmetal Worker - 28 - pwishet28 Sheetmetal Worker Overtime Schedules ~ Regular ~K~ Residential Holiday Nassau, New York City, Suffolk Special Conditions: Wage Information: 01/29/98- 08/01/98- 02/01/99- 07/31/98 01/31/99 07/31/99 WAGES (per hour) $ 30.88 $ 0.75 addl $ 1.00 addl For Temporary Operation or Maint.of Fans and Decking & Siding Work: ........ 80% Of Sheetmetal Worker Rate. OVERTIME PAY: See ( C, E2, O ) on OVERTIME PAGE. See ( D, E2, O, for Fan Maint.- Decking & Siding ) See ( 5, 6, 11, 12, 15, 25, 26 ) on holiday page. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. APPRF~NTICES: ( 1/2 ) year terms at the following percent of journeyman rate. 1st 2nd 3rd 4th 5th 6th 7th 8th 30% 35% 40% 45% 50% 55% 60% 70% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman- $ 19.17 (Straight Time) $25.47 (Overtime) Appr 1st term- 30% of journeyman benefits Appr 2nd term- 35% Appr 3rd term- 40% Appr 4th term- 45% Appr 5th term- 50% Appr 6th term- 55% Appr 7th term- 60% Appr 8th term- 70% Comments: STATE OF NEW YORK ~' 15UREAU OF PUBLIC WORK DEP~RTMEN~,OF LABOR f~ STATE OFFICE 15UILDING CAMPUS 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 SUBMI'I'I'ED 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, zip code) 3. SEND REPLY TO (NAME AND ADDRESS): TELEPHONE: ( ) B. PROJECT PARTICULARS 2. [] N.Y. State Units [] 01 DOT [] 02 OGS [] 03 DORMITORY AUTHORITY [] 04 STATE UNIVERSITY CONSTRUCTION FUND [] 05 MENTAL HYGIE NE FAC)LITIES CORP. [] 015 OTHER N.Y. STATE UNiT Project TITLE and/or description of work to be performed. Include contract identification number, if applicable 7. Natureof Project-Check One [] 1. NewBuilding 2. Addition to Existing Structure [] 3. Heavyand HighwayConstruction (New and Repair) [] 4. NewSewerorWaterline [] 5. Other New Construction (Explain) [] 6. Other Reconstruction, Maintenance, Repair or Alteration [] 7. Demolition [] 8. 15uilding Service Contract []07 City [] 08 Local School District [] 09 Special Local District, i.e., Fire, Sewer. Water District [] 10 Village [] 11 Town [] 12 County [] 13 Other Non-N.Y. State (Describe) 4. SERVICE REQUIRED. Check appropriate box and provide project information. [] New Schedule of Wages and Supplements. APPROXIMATE BID DATE ] [] Additional Occupation and/or Redetermination PRC NUMBERISSUED PREVIOUSLY FOR I I OFFICE USE ONLY THIS PROJECT I 6. Location of Project: Location on Site Route No/Street Address Village or City Town 15. OCCUPATION FOR PROJECT [] Construction(15uilding, Heavy [] Guards, Watchmen Highway/Sewer/Water) [] Janitors, porters, cleaners [] Tunnelling [] Moving furnitureand [] Residential equipment [] LandscapeMaintenance [] Trash and refuse removal [] Elevator maintenance [] Windowcleaners [] Exterminators. Fumigators [] Other (Describe) 9. Name and Title of Requester Signature OFFICE USE ONLY ~1~ ~gnations Local~ D~ignations SEE OTHER IaDE FOR LAWS RELAllNG TO PUBUC WORK CONTRACTS PW-39 (10-94) STATE OF NEW YORK DEPARTMENT OF LABOR REQUIREMENTS OF ARTICLE 8 (Section 220-223) AND ARTICLE 9 (Section 230 - 239) OF THE NEW YORK STATE LABOR LAW PREVAILING RATE SCHEDULE: The Labor Law requires public work contractors and subcontractors to pay laborers, workers or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and to provide supplements (fringe benefits) in accordance with the prevailing practices in the locahty 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 th..e 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 JurlsdictionMUST 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 c°rporations, 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 authomzed by Sections 220-b and 235.2 of the Labor Law to so notify the financial officer of the Department of Jurisdiction that awarded the public work contract. Such officer MUST then withhold or cause to be withheld from any payment due ~e prime contractor on account of such contract the ~mount indicated by the Bureau of Public Work as sufficient to satisfy the unpaid wages and supplements, including interest and any civil penalty that may be assessed by the Commissioner of L~bo.r. The withholding continues until a final determination of the underpayment by the Comnnssioner of Labor or by the Court in the event a legal proceeding for review of the Commissioner of Labor's determination is instituted. The Depar~ent 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. INFORMATIONAL BULLETIN The following is a change to the New York State Department of Labor's policy on the applicability of the provisions of Article 8 (prevailing wage rates) to off-site borrow pits/batch plants and related trucking of material 1) Individuals who are employed by a vendor to deliver materials excavated from either off-site borrow pits or batch plants are not subject to prevailing rates. This rule applies whether or not the plant or borrow pit is dedicated to a public work project. 2) The payment of a prevailing wage rate is required to individuals involved in either the operation or construction of off-site borrow or portable batch plants that are dedicated exclusively to public work. 3) The only exception to this policy would require the payment of prevailing wage rates to all individuals engaged in work activities relative to off-site borrow or portable batch plants when the contracting entity clearly identifies the specific location of the borrow pit or batch plant in the scope of the project. If you have any questions, please contact this office located at: New York State Department of Labor, Bureau of Public Work, Governor W. Averell Harriman State Office Building Campus, Albany, New York, 12240, (518) 457-5589. December i, 1998 TO ALL INTERESTED PARTIES Enclosed is an important notice that clarifies the manner in which the New York State Department of Labor enforces Article 8 of the Labor Law with regard to the payment of prevailing supplements. All public work contractors should be aware that any variation from this policy after June 15, 1999, could result in a willful violation. NOTICE The purpose of this notice is to remind ail interested parties of the manner in which the New York State Department of Labor enforces Article 8 of the Labor Law (the prevailing wage law) with regard to the payment of prevailing supplements. Specifically, questions have arisen with regard to the payment of prevailing supplements into certain benefit plans. These questions have been exacerbated due to recent preemption litigation in federal court. The Department has prepared this notice concerning regulations found at 12 New York Code of Rules and Regulations Part 220 to correct any misundersumding of the Department's policy and remind ail affected parties of their obligations under the law. Labor Law section 220 et seq., (the prevailing wage law) requires the payment of prevailing wages and supplements by contractors performing work on public work projects. While the Depa~uuent of Labor does not require the payment of any specific supplement, it does require, through the prevailing wage rate schedules it promulgates on an annual basis, a total supplement amount to be paid on behalf of each worker. A contractor's obligation to pay suc.h supplement amount may be met by paying into a qualified benefit plan, paying cash to the worker, or some combination of these options. It has come to the attention of the Department that certain benefit plans used by contractors may not comport with the requirements under the Labor Law or the Depaxia,~ent's regulations. Specifically, some contractors, while making pa.~anents into benefit plans -2- purportedly on behalf of individual workers engaged on prevailing wage projects, use such payments to obtain benefits for individuals other than those on whose behalf the payments were made. Alternatively, contractors may make payments for the period of time during which a worker is engaged on a public work project, yet use the payments to obtain benefits for a period of time during which the worker was engaged on a private project. In the above circumvtances, it is clear that the contractor has not met the requirements of the Labor Law with regard to the payment of prevailing supplements. Because of the confusion over whether the Department could, under federal law, enforce these requirements, only contractors using such plans at~er June 15, 1999 will be found in willful violation of the law. Questions with regard to this matter may be directed to the Department of Labor's Counsel's Office at (518) 457.4380. April 1999 t J 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 odgin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgradir~, 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. 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 c~nceled, 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 OwnedContracting 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). COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: The Contractor shall comply with the applicabte 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 even/provision of la',~and clause required by law to be part of this Contract shatl 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 dunng which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: 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 fur[her 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, ddnking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on ~he basis of race, creed, color, or national ongin, because of habit, local custom, or othen~vise. 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 pdor 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 cer/iflcations 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): NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Nonsegregated Facilities must be submitted pdor to the award of a subcontract exceeding S 10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making f. alse statements in offers is prescribed in 18 U.S.C. 1001. "Dudng 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 dudng employment, without regard to their race. creed, color, or national odgin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer;, recruitment or recruitment advertising; rayoff o¢ 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 odgin. (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 Secret~ry 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. (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 pdme 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 pdme 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 pnme contractor or first-tier subcontractor; and (iv) has a contract, sub-contract or purchase order amounting to $ 50,000 or morel 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 ortho 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 pdme 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 pdme 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, pdme 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. 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 pdme 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 substantiatly 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 onginal[y 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 pdme 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 covenng the delinquent pedod or such other pedod specified by the agency or the Director. A bidder or prospective pdme 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, pdor to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. (¢ Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administ~tion of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. ( 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, 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 8 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of 8 hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, 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. 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 shatl 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 ce~ification by him that amounts to be paid do not exceed maximum allo~able levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Intemat 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 S 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effecled and the basis for settlement. In addition, such contracts shall descdbe 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 tn 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 odgin, 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 subgrantees and to assure that suspected or reported violations are promptly investigated. 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 pe~-nitted 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 even/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 vadous 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 lhan 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 wilt be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220--e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national ongin. (Your attention is directed to the provisions of the State law against Oischmination 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 discnminated against or intimidated in violation of the provisions of the contract; (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 ~ 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 Discnmination, 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 emt~loyment including discrimination because of age, race, creed, color or national origin. COLONIAL SURETY COMPANY Adminstrative Office 50 Chestnut Ridge Road Montvale, NJ 07645 201-573-8788 BID BOND Approved by The American Institute of Architects A.I.A. Document No. A-310(Feb. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Latham Sand And Gravel, Orient, NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southoid, Southold, NY as Obligee, hereinafter called the Obligee, in the sum of 5% of amount bid ............................... for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Stair and Landing at end of Rock Point Road, East Marion NY NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full fome and effect. Signed and sealed this 19th day of August 1999. (Witness) /'i(Witne~ Erinn Finnegan (Princ-'il~ai) (Title) COLONIAL SURETY COMPANY (Seal) 8herryann~JDePirro ~Attorney-in-Fact) Form C200-119 CULONIAL SURETY coMpANy Duncannon, Pennsylvania Administrative Office: 50 Chestnut Ridge Road, Montvele, New Jersey 07645, State of blew Jersey County of Bergen On th|s 19tbday o[ August , in the year 1999, before me Alayna Baldanza, a Notary Public, personally appeared Sherryanne DePirro, personally known to me to be the person who executed the within instrument as Attorney-in-Fact, on behalf of Colonial Surety Company therein named and acknowledged to me that the corporation executed it. Alayna Baldanza A Notary Public of New Jersey My Commission Expires September 2, 2002 Notary Public ir County of Be State of New 'gen ~ ~ersey COLONIAL SURETY COMPANY Duncannon, Pennsylvania - Inc 1930- FINANCIAL STATEMENT--DECEMBER 31, 1998 ASSETS *Stocks and Bonds .................... $ 4,057,504 Cash in Office & Banks .................. 848,716 Accrued Interest & Dividends ............. 61,375 Premiums & Agents Balances Receivable .... 390,410 Other Assets ......................... 688,360 Total Admitted Assets .............. 6,046,365 LIABILITIES & SURPLUS Reserve for Unearned Premiums .............. $959,185 Claim Reserves .......................... 1,123,000 Other Reserves .......................... 69,312 Collateral Held ........................... 677,107 Capital Stock ............................ 1,000,000 Surplus ................................ 2,217,761 Totsl Liabilities & Surplus ............... 6,046,365 *Bonds and stocks are valued on basis approved by National Association of Insurance Commissioners, STATE OF NEW JERSEY COUNTY OF BERGEN SS..' I, Wayne Nunziata, President of COLONIAL SURETY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the Financial Statement of said Company, as of December 31,1998. IN WITNESS WHEREOF, I have signed this statement at Montvale, New Jersey, this 17th day of February, 1999. Jacqueline Berthelsen A Notary Public of New Jersey Wayne Nunziata President eh/ '"""~ot~ Public PROPOSAL FORM DATE: August 19~ 1999 Name of Bidder: East Area General Contractors, Inc. To: Southoid Town Board Town Hail - 52095 Main Road Southold, NY 11971 Members of the Board: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principal 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 employment 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, including bidding requirements, contract, general and special conditions, specifications, contract drawings and addenda, if any; 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 is accepted he will contract to furnish all materials not provided by the Town and perform all the work required to construct, Perform and complete the work at: The end of Rocky Point Road East Marion, NY 11939 and ali other work in connection therewith, in accordance with contact documents and addenda, if any, prepared by the Southold Community Development Office and shall comply with ali the stipulations contained therein and will furnish the required Performance Bond and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH AND CONSTRUCT STAIRS AND LANDINGS AT THE END OF ROCICY POI]NT ROAD, EAST MARION, NY AS INDICATED ON THE SPECIFICATION SET FORTH IN THE BID DOCUMENTS. THE CONTRACTOR SHALL PROVIDE ALL LABOR AND MATERIALS TO CONSTRUCT THE PROJECT hN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: Thirty Seven Thousand Four Hundred N~nty (written in words) 37,490.00 (written in numbers) And he further agrees that if this proposal shall be accepted by the Town nnd that if he shall refuse, fall or neglect to enter into a Contract pursuant to such proposal and to the requirements to 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 ns liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) day after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid nad 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 of Bidder: ~ ~ Business Address: Po Box 581 1448-5 Speonk-Riverhead Road Speonk, New YSrk 11972 Telephone Number: 516 325-7700 Date: August 19, 1999 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) tn accordance with Se~:ldn 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 departmenL agency, or official thereof or to a fora district or any ager'~y or official thereof for work or se~ices performed or to be performed or goods sold or to be sold. shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury;, non-collusive bidding certification. A. By submission of this bid. each bidder and each pemon signing on behalf of any bidder certifies, and in the case of a joint bid, each par[y thereto certifies as to its own organ~.ation, under penalty of perjury, that to the best of knowledge aad belief: (1) The prices in this bid have been amVed at independentty without collusion, consultation, communication, or agreement [or the purpose of resb"fcting competition, as to any matter relating to such prices ~ any other bidder or any competitor. (2) Unless othe~,wise required by law, the pdces wflich 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 indirec~Jy, ~o 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 compe~Joo. B. The person signing this bid or proposal certifies that he has [ully informed himself regarding the accuracy of the statements contained in this certificetion, and under the statements contained in this certificate:x1, and under the penalties of pequry, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION ResoMeq that East Area General Contractors. Inc. be (Name of ~) authorized to sign and submit the bid or proposal of this corporation for the following Projec~ STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD, EAST MARION, .NY and to include in such bid or pmpo~,l the ceCd'A:ate as to non-collusion required by section one-hundred-thrcc d (103.-d) of ~ General Municipal Law as the act and deed of such 'corporation, and for any inaccuracies or mis- statements in such ~te this corporate bidder shall be liable under the penalties of perjury. The foregoing is b'ue and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Lav~ of New YorR. 1965 Ch. 751. Sec. 103~1, as amended eff~:t~e SepMmber 1, 1965 East Area Generm] Cmntrmc~nrs, day of August .1 9 (S~na[urel y Michael Bo Broidy President PROPOSAL FORM DATE: Ausust 19, 1999 Name of Bidder: East Area General Contractors, Inc. To: Southold Town Board Town Hall - 52095 Main Road Southold, NY 11971 Members of the Board: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principal 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 employment 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, including bidding requirements, contract, general and special conditions, specifications, contract drawings and addenda, if any; 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 is accepted he will contract to furnish all materials not provided by the Town and perform all the work required to construct, Perform and complete the work at: The end of Rocky Point Road East Marion, NY 11939 and ail other work in connection therewith, in accordance with contact documents and addenda, if any, prepared by the Southold Community Development Office and shall comply with all the stipulations contained therein and will furnish the required Performance Bond and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH AND CONSTRUCT STAIRS AND LANDINGS AT THE END OF ROCKY POINT ROAD, EAST MARION, NY AS INDICATED ON THE SPECIFICATION SET FORTH IN THE BID DOCUMENTS. THE CONTRACTOR SHALL PROVIDE ALL LABOR AND MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STEPULATED "LUMP SUM" OF: Thirty Seven Thousand Four Hundred Ninty (wri~en in words) 37,490.00 (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 to the Town and shall fall to ~ve 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 ~ven 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) day 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 _~2 pe. rif/df~' Signature o f Bidder'~/~~/~--~'~//~..~ Business Address: PO Box 581 1448-5 Speonk-Riverhead Road Speonk, New Y$rk 11972 Telephone Number: 516 325-7700 Date: August 19, 1999 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 therecf 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 cartification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge ced belief: The pdces in this bid have been arrrved at independently without collusion, consultation. communication, or agreement, for the purpose of res~cting competition, as to any matter relating to such pdces ~ any other bidder or any competitor. (7-) Unless otherwise raquired by law, the pdces which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder pdor 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 resthctJng compe~on. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this cerlJfic~tion, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certi¢~ copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION ResoNed that East Area Gener,al Contractorm. Thc. (Name of C,~l~,n ) authorized to sign and submit the bid or proposal of this corporation for the following Project:,. be STAIR & LANDh-NG REPLACEMENT AT THE END OF ROCKY POINT ROAD, EAST MARION, .NY and to include in such bid or proposal the con,cate 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 rasolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New Yo~, 1965 Ch. 751, Sec. 103~1, as amended effective September 1, 1965 19 day of Ausust ,19 99 (Sk:Jnature~ Michael B. Broidy President LEGAL NOTICE NOTICE TO EIDDERS NOTICE IS HEREBY GIVEN. in accordance with thc 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 construction of stalk ,and landing at the end of Rocky Point Road, East Marion, N.Y., all la accordance with specl- flcatin~s prepared by James A. Rh:ht~, P.A. Specifications may be ob~ined a! the Office of the Town CLerk, Southold Town Hall, 52,095 Main Road. Southold, New York, upon payment of a $i0.00 non-refundable fee. The sealed bids, together with Non-Collusive Bid Certificate and a bid security in the form of a certified check or bid bond in the amount of 5% of the Base Bid will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, Southold. N.Y. until 10:00 A.M., Thursday, August 19, 1999, 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 con- tractor 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 Stalr~ & Landing at Roclty Point Road", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, fed- eral, 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 awarded to the lowest responsible bidder. Dated: July 20, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK 1800- ITly29 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) ~.~ ~_Od~ ~-. ~Jl~,~ of Mattituck, tn said county, being duly sworn, says that he/she is Principal derk of THE SUFFOLK TIMES, a weekly- newspaper, published at Mattimek, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the armexed is a printed copy, has been regu- larly published tn said Newspaper once each week for ~ weeks successively, comme~lcil}g, on the c::~Lq 4-a day of ~J LL.~ x/ 19 (~t7I J Principal Clear k Sworn to before me this day of ~ ~ 19 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 construction of stairs and landing at the end of Rocky Point Road, East Marion, N.Y., 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 and a bid security in the form of a certified check or bid bond in the amount of 5% of the Base Bid will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, 5outhold, N.Y., until 10:00 A.M., Thursday, August 19, 1999, 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 u,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 Stairs & Landing at Rocky Point Road", 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: July 20, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JULY 29, 1999, 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 Burrelle's Information Services 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 21st day of July 1999 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 - Construction of stairs and landing at Rocky Point Road, East Marion - Bid Opening 10:00 A.M., Thursday August, 19, 1999. ~-~Elizab&th A. Ne~,ille Southold Town Clerk Sworn to before me this r y of Auqust , 1999. y Pubhc JOYCE M. WILKIN$ Notary Public, State of New Yo~ No. 4952246, Suffolk Cour~t~. Term Expires June 12, 19.~ I"Y6cAL ¢_.:,..,q Z~.I2 Cd, R 1"¥ e~ (...,~ I.., ~A Lt', ~ISTS S~ ~ ~J ~TH 2 - ~" Dia. ~V. ~ BOLTS. TY~I~ 2, ~ 4x4 POST~ ~TH ~ T.~HS ~TBR T~ 8'-0" WILL ~UI~ ~4 ~SS ~i~, 4. ~L ~D ~ C~UCTI~ S~Lt~ CON~ ~TH T~ C~S~UC~ ~. ~ST ~TI~ ~ 1,450 PSi F~ = 95 PSI :~ * lC) CCR 'I'YFIC, AL i,,JAIL&K~ POI ROAD , , , TOWN OF $OUTHOLD, i~AST MAR~ON, NEW SO~O~ TO~ DAm: S~: ~N~ d: ~ . ~GIST~ " 1. CONTRACTORS WORK ES TO C0NFO~M TO ALL LOCAL OBDINANC~S AND ~ ~ STA~ ~Z~ C0DES . ~T~S. 3. ~L D~SIONS ~ N~ ~ T~ ~ ~ 5. T~ C~R S~ PR~IDE ~ SITE P~TI~ ...J PLS %RZ<I 0 l,,I. 5 CPH,.E ii / ,.1// / .../ : I I~= 70.01 MH~q- 0~00 ROCKEY POINT ROAD'