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Griffing Street Parking Field
JAMES A. RICHTER REGISTERED ARCHITECT Tel. (516)- 765 - 1560 Fax. (516)- 765 - 1366 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD SOUTHOLD TOWN HALL 53095 MAIN ROAD, P.O. Box 1179 TOWN OF SOUTHOLD, NEW YORK 11971 ADDENDUM NUMBER 001: July 29, 2003 Page I of I PROJECT: Invitation to Bid - CUTCHOGUE HAMLET Construction of a New Municipal Parking Lot & Reconstruction of Griffing Street Bid Specifications Dated July 10. 2003 Attention Bidders: The following clarification of construction specifications and bidders responsibilities shall be incorporated into the Bid Documents for the above referenced project. INSTRUCTIONS TO BIDDERS K. SURVEYS The Bidder / Contractor shall be responsible for all necessary and required survey work to accurately locate new construction as shown on the contract documents. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all surveying and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred there-from. Invitation to Bid CUTCHOGUE HAMLET ~ Construction of a Hew Municipal Parking Lot & Reconstruction Of Griffing Street @ THE INTERSECTION OF State Route 25 & Griffing Street CUTCHOGUE, NEW YORK 11935 Date: July 10, 2003 SOUTHOLD TOWN ENGINEERING DEPARTMENT SOUTI{0LD TOWN HALL, 53095 HAIN ROAD, SOUTHOLD PROJECT DESCRIPTION Hamlet of Cutchogue - This project shall consist of the Construction of a New Municipal Parking Lot Project & the Reconstruction of the Southerly Terminus of Griffing Street. This Project includes all Clearing & Grubbing of wooded areas as well as the demolition of existing curbing and pavement areas and shall include the Disposal of all Debris generated by the construction process. This project will also include the installation of five (5) new street lights and the construction of a new asphalt parking lot with concrete curbs and drainage. REQUESTS FOR FURTHER INFORMATION & ALL INQUIRIES SHOULD BE ADDRESSED TO THE ARCHITECT @ THE SOUTHOLD TOWN ENGINEERING DEPARTMENT: Attention: James A. Richter, RA (631) 765 - 1560 Southold Town Hall ~ 53095 Main Road Southold, New York 11971 The foregoing project description is provided for general information only. It is not a part of the contract documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings contained herein. INVITATION TO BID PROJECT: CONSTRUCTION OF A NEW PARKING LOT AND RELATED FACILITIES LOCATED IN THE HAMLET OF COUTCHOGUE. THIS PROJECT SHALL INCLUDE THE IMPROVEMENT OF VACANT PROPERTY (Approximately 1 Acre +/-) LEASED TO THE TOWN OF SOUTHOLD AND THE RECONSTRUCTION OF APPROXIMATELY TWO HUNDRED (200') FEET OF GRIFFING STREET. The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified in the bid documents for the construction of A New Parking Facility and the reconstruction of Gdffing Street in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Town Hall, 53095 Main Road, Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, $outhold, New York 11971, until 10:00AM, Thursday , July, 31st 03 Day Month & Date Year All specifications are provided herein: drawings (if any) to be attached. A fee of ten dollars ($. 10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the dght to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of~r 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 15, 2003 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Cutchogue Hamlet Parking Lot: A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the pdce for which he proposed: to fumish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to per[orm all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in wdting with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" beadng title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, for each item bid, and made payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgment, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to t~e respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. Cutchogue Hamlet Parking Lot: B-1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and road publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the dght to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor". The Town will either award the project or reject all proposals roceived within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a prop.osal. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized ropresentative's written roquest prosented not later than the hour set for the opening theroof, 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 unroad. G. REJECTION OF ~ROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineations, erasure or corrections may be rejected. Cutchogue Hamlet Parking Lot: B-2 H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit not to exceed sixty (60) working days. Liquidated damag, gs shall be assessed at the rate of two hundred fifty ($ 250.00) dollars per day for each day over the time limit until substantial completion is obtained. Cutchogue Hamlet Parking Lot: B-3 INDEX TO SPECIFICATIONS TITLE PAGE Project Description BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Specifications Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions General Release Prevailing Wage Rates Payroll Certification Forms Compliance with the Labor Law & Other Dept. of Labor Regulations Non-Discrimination Clause Project Specifications: DIVISION ONE - GENERAL REQUIREMENTS Summary of Work Applicable codes Substitutions DIVISION TWO - SITEWORK Site Preparation Earthwork Paving & Surfacing Site Drainage Site Grading & Seeding DIVISION THREE - CONCRETE Concrete Work DIVISION SIXTEEN - SITE LIGHTING Site Lighting A - 1 through A- 1 B ~ 1 through B - 3 C - 1 through C - 2 D - 1 through D - 2 E - 1 through E - 1 F - I through F - 1 AIA Document # A201 G - 1 through G - 2 I - 1 through I- 1 J - 1 through J - 47 K -1 through K-2 M - 1 through M -8 N - 1 through N - 2 1010 - 1 through 1010 - 1 1080 - 1 through 1080 - 1 1600- 1 through 1600- 2 2100 - 1 through 2100 - 1 2200 - 1 through 2200 - 2 2500 - 1 through 2500 - 4 2600 - 1 through 2600 - I 2800 - I through 2800 - 1 3000 - 1 through 3000 - 1 16000 - 1 through 16000 - 1 Cutchogue Hamlet Parking Lot: C-1 INDEX TO DRAWINGS AND ATTACHMENTS Appendix "A" STREET LIGHTING DETAILS C-2 C-3 C-4 SP-! PLAN DETAIL CURB & SECTION DETAILS PLAN DETAIL SECTION DETAILS SITE PLAN Cutchogue Hamlet Parking Lot: C-2 PROPOSALFORM Date: NAME of BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: July 10, 2003, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, (Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: Hamlet of Cutchogue - Construction of New Municipal Parking Lot Project & Reconstruction of the Southerly End of Griffing Street and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained ther~ln; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Hamlet of Cutchogue Parking Lot Project and the Reconstruction of Griffing Street. THE CONTRACTOR SHALL FURNISH ALL MATERIALS & EQUIPMENT FOR THE CONSTRUCTION OF A NEW PARKING LOT IN THE HAMLET OF CUTCHOGUE AND THE RECONSTRUCTION OF ROAD AND PARKING FACILITIES ON GRIFFING STREET. THE CONTRACTOR SHALL PROVIDE ALL CLEARING, GRUBBING, DEMOLITION & DISPOSAL OF ALL DEBRIS. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS FOR THE CONSTRUCTION OF A COMPLETE PROJECT AS DETAILED BY THESE SPECIFICATIONS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) Cutchogue Hamlet Parking Lot: (wdtten in numbers) D-1 PROPOSALFORM-Cont. And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required secudty within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Bidders Address: Telephone Number: Date: Cutchogue Hamlet Parking Lot: D-2 STATEMENT OF NO~N-COLLUSION (To be completed by each Bidder) In accordance with Section t03<1 General Municipal Law, effective September f, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury;, non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and In the case of a Joint bid, each party thereto certifies as to Its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices In this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully Informed himself regarding the accuracy of the statements contained In this certification, and under the statements contained In this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing In its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that of the (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be HAMLET OF CUTCHOGUE Parking Project & Reconstruction of Griffing Street State Route 25 & Griffing Street, Cutchogue, New York 11935 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103<1) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perJury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ,20__ (SEAL OF THE CORPORATION) Laws of New York, '1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. Signature Cutchogue Hamlet Parking Lot: E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: 1. It intends to use the following listed construction trades in the work under the contract and, As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: and/or, B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: and, 3. It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) Cutchogue Hamlet Parking Lot: F-1 T 1t E A M I C A N I N $ T I T U T E 0 F R C H I T E C T S AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES,. CONSUL TA TION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ll~q MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, ]937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, ©1987 by The American Institute of Architects, 1735 New York Avenue, N W, Washington, DC., 20006. Reproduction of the material herein or substamial quotation of its provisions without written permission of the AIA violates thc copyright laws of the United States a~ld will De st~b{ect to legal prosecutions AIA DOCUMENT A201· GENERAL CONDITIONS OF THE CON'FRACT FOR CONSTRUCTION , FOURTEENTH EDITION AiA® * Cc/1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, l'4W, WASHINGTON, D.C 20¢e06 WARNING: Unlicensed photocopying violates U.S. copyright law~ and is subject to legal prosecution. A201-1987 1 I - SCTM #-'. . . Proposed: 1000 102 05 9.6 Public' Parking' Fac,l,ty'' DATE: I SCALE: For The JULY 10, 2003 [ AS NOTED CUTCHOGUE HAM_LET ~®l!ll~l{~ 7~ GRIFFING Street [~]i~(~(~i~l~ ~)~l~l~ Cutchogue, New York 11935 , , Drawn: 53095 Main Road, Southold, N.Y. tlg71 James A. Richter, R.A. Z PRELIMINARY SCTM #: Proposed: t000-102 - 05 - 9.6_ Oraw.:Public PaForrkmihnog Facility DATE: SCALE: JULY 10, 2003 / AS NOTED CUTCHOGUE HAMLET o~)~ 7~ GRIFFING Street Cutchogue, New York 11935 53095 .al. Road, Southold, ..¥. 11971 James A. Richter, R.A. 18'- O" TYPICAL ITl Face of Cu~ Face of Curb Face of Cur~ 17'. 9" +1- SIDEWALK I SCTM #:. .Proposed: 1,=0.00 102-05 9.6 Public Parking Facility DATE. I SCA'E= For The JULY 10, 2003 I AS NOTED (~U~'~'~(~--~O~__~.~.~']~ ~{~{~@~(~ ~'®~{~ GRIFFING Street Cutchogue, New York 11935 53095 Main Road, Southold, N.Y. 11971 17,.8~ ; 1000 t 02 0,.5 - 9.6 Proposed: SCTM #:.. Public Parking Facility ' OA?£: I SCA-e. For The 9,~, JULY 10, 200:3 [ AS NOTED CUTCHOGUE ~L~T .~?~ T~ GRIFFING Street ~0~ ~~ Cutchogue, New York 11935 Drawn: ~3095 Mala Road, Southold, N.Y. 11971 James A. Richter, R.A. INDEX Acceptance of Nonconforming Work ......... 9.6.6,9.9.3,12.3 Acceptance of Work ........... 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3 Accea$ to Work .......................... 3.15, 6.2.1, 12.1 Accident Prevention ..............................4.2.3, lO Acts and Omissions ... 3.2,I,3,2,2,3,3.2,3.12,8,3.18,4,2.3,4.3.2, Additional Cost, Claims for ......... 4.3.6, 4.3.7, 4,3.9, 6.1.1, 10,3 Additional Inspections and Testing ....... 4.2.6,9.8,2, 12.2.1, 13,5 Additional Time, Claims for ............. 4,3.6,4.3,8,4.3.9,8.3.2 ADMINISTRATION OF THE CONTRACT ....... 3.3.3,4,9.4,9.5 Advertisement or Invitation to Bid ...................... 1.1.1 Aesthetic Effect .............................. 4.2.13,4.5.1 Allowances ....................................... 3.8 All-risk Insurance ................................. 11.3.1.1 AppilcatlonsforPayment .. 4.2.5,7.3.7,9.2,9.3,9.4,9.5.1,9.6.3, Approvals .... 24, 3.3.3, 3,5, 3.10.2, 3.12.4 through 3,12.8, 3,18.3, Arbitration .................. 4. 1.4, 4.3.2, 4.3.4, 4.4.4, 4.5, Architect ...................................... 4.1 Architect, Definition o f ..............................4.1.1 Architect, Extent of Authority ..... 2.4,3.12.6,4.2,4.3.2,4.3.6, Architect, Limitations o f Authorit y a~ld Responsibilit y. 3.3.3,3.12.8, 4213, 4.3,2, 5.21, 7.4, 9.4.2, 9.6.4, 9,66 Architect's Additional Services and Expenses .......... 2.4,9.8.2, Architect's Administration of the Contrac! ......... 4.2,43.6, 4.3.7, 4.4, 9.4, 9.5 Architect's Approvals 2.4,3.51,3.10.2,3.12.6,3.12.8,3.18.3,4.27 Architect'sAuthority to Reject Work .... 35.1,4.2.6, 121.2, 12.2.1 Architect's Copyright ............................... 1.3 Architect's Decisions ..... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, ArchJt ect's Inspections ......... 42.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, Architect's Iht erpre rations ............... 4.2.11,4.2.12,4.3.7 Architect's On-Site Observations ...... 4.2.2,4.2.5,4.3.6,9.42, Architect's Project Representative ............... 42.10 Architect's Relationship with Contractor ..... 1.1.2,3.2.1,3.2.2, Architect's Relationship with Suhcont factors 1.1.2,4.2.3,4.2.4, Architect's Representations 9.4.2,951,910.1 Architect's Site Vislts 42.2, 4.2.5, 4.2.9, 4.36, 94.2, 9.51, Asbestos 10.1 Attorneys'Fees 3.18.1,9.10.2, IO 1.4 Award of Separate Contracts ...................... 6.11 Award of Subcontracts and Other Contracts for Podlons of the Work 5.2 Basic Oeflnflions ............................. 1.1 Boiler and Machinery Insurance ............. 11.3.2 Bonds, Lien 910.2 Bonds, Performance and Paymcnt 73.6.4, 910.3, 1 1.3.9, I I 4 Building Permit .................................... 3.7.1 Capitalization ....................................... 1.4 Cer tificate o f Substantial Completion .................... 9.8.2 Certificates for Payment ....... 4.2.5,4,2.9,9.3.3,9.4,9.5,9.6.1, 9.6.6, 9.7.1, 9.8,3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Certificates o f Inspection, Testing or Approval ..... 3.12.11,13,5,4 Certificates o f Insurance .................. 9.3.2,9.10.2, 11.1.3 Change Or~er~ ...... 1.1,1, 2.4.1, 3.8.2.4, 3.11, 4.2.8, 4.3.3, 5.2.3, 7.1, 7.2, 7.3.2, 8.3.1, 9.3.1.1, 9.10.3, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2 Change Orders, Definition o f ....................... 7,2.1 Changes ........................................... 7.1 CHANGES IN THE WORK .... 3.11,4.2.8,7,8.3.1,9.3.1.1, 10.1.3 Claim, Deflnliton of ................................ 4.3.1 Ctalms and DtslxJtes ................ 4.3, 4.4, 4.5, 6.2.5, 8.3.2, 9.3.l.2, 9.3.3, 9.10.4, 10.1.4 Ctalma and Tlmeiy AsserUon of Claims ................ 4.5.6 Claims for Addittanal Coat ........ 4.3.6,4.3.7, 4.3.9,6.1.1, 10.3 Claims for Additional Time ............ 4.3.6,4.3.8,4.3.9,8.3.2 Claims for Concealed or Unknown Conditions ........... 4.3.6 Claims for Damages... 3.18, 43.9, 6.1.1,62.5, 8.3.2, 9.5.1.2, 10.1.4 Claims Subject to Arbit ration ................ 4.3.2,4.4.4,4.5.1 Cleaning Up ............................... 3.15,6.3 Commencement of Statuto~/Limitation Period ........ 13.7 Commencement of the Work, Conditions Relating to ....... 2.1.2, 2.21, 3.2.1, 3.2.2, 3.7.1, 3.10.1, 3.12.6, 4.3.7, 5.2.l, 6.2.2, 8.1.2, 8,2.2, 9.2, 11.1,3, 11.3.6, 11.4.l Commencement of the Work, Definition of ........... 8.1.2 Communications Facilitating Contract Administration ................. 3.91, 4.2.4, 5,2.1 Completion, Conditions Relating to .... 3 I1,3.15,422,4.29, 4.3,2, 9.4.2, 9.8, 991, 9.10, 11.3.5, 12.2.2, 13.7.1 COMPLETION, PAYMENTS AND 9 Completion, Substantial ....... 4.2.9, 435.2, 8.1.1, 8.1.3, 8.2.3, 9.8, 9.9.1, 1222, 13.7 Compliance with Laws ...... 1.3,3.6,37,313,4.1.1,10.2.2,11.1, 11.3, 13.1, 13.5.1, 1352, 13.6, 14.11, 14,2.1.3 Concealed or Unknown Conditions ........... 4.3.6 ConditionsoftheContract 1.1.1, 11.7,6.1.1 Consent, Written ................ 1.3.1,3.12.8,3.14.2,4.i.2, 43.4, 455, 9.3.2,982, 9.91, 9.102, 9.10.3,10.1.2, 101.3, 11.3.1, 11.3.1.4, 11.3.11, 132, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.].4,6 Construction Change Directive, Definition of .......... 7.3.1 Construction Change Directives 111,42.8,7.1,7.3,9.3.1.1 Const ruction Schedules, Contract or's 310,6.1.3 Contingent Assignment of Subcontracts .............. 5.4 Continuing Contract Performance 4.3.4 Contract, Definition of ................. I ! 2 CONTRACT, TERMINATION OR SUSPENSION OF THE 4.3.7, 5,4.].t, 14 Contract Administration 3.33, 4, 94, 95 Co[ltract Award and Execution, CondRions Rela0ng to 3.7.1, 310, 5.2, 9.2, 11.13, ll.36, 11.4.1 Contract Documents, The 1.1, 1.2,7 Contract Documents, Copies Furnished and Use of.. 13, 2.2.5, 5.3 Contract Documents, Definition of 1.11 Contract Per formance During Arbltration 4.3.4,45.3 Contract Sum 38,436, 437, 4.44, 5.2,3, 6.1.3, 7.2, 73,9.1, 9.7, ll.31, 122.4, 123, 14.24 Contract Sum, Definition of 9.1 Contract Time ....... q.3.o,438,444~7.2.13,7.3, 82.1, 83.1, 9.7, 12 I 1 Contract Time, Definition of 8.1.1 2 A201-1987 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONq RACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~)1987 THEAMERICAN[NST[TUTEOFARCHI'FECTS, 173~NEWYORKAVENUE, NW,WASHINGTON, DC 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. CONTRACTOR ....................................... 3 Contractor, Do~nltlon o f ........... , .............. 3.1,6.1.2 Contreetor'e Oonstruetlon Schedules ............. 3.10,6.1.3 Cont factor's Employees ....... 3,3.2,3.4.2,3.8.1,3.9,3.18,4,2.3, Contractor's Llsblllty Insurance ....................... 11,1 Contractor's Relationship with Separate Contractors and Owner's Forces ...... 2.2.6,3.12.5,3.14.2,4.2.4,6,12.2.5 Contractor's Relationship with Subcontractors ....... 1.2.4, 3.3.2, Cont factor's Relationship with the Architect .... 1.1.2,3.2.1,3.2.2, Contractor's Representations.. 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3 Contractor's Responsibility for Those Performing the Work ................. 3.3,2, 3.18, 4.2.3, 10 Contractor's Review of Contract Documents ...... 1.2.2, 3.2, 3.7.3 Contractor's Pdght to Stop the Work ..................... 9.7 Contractor's Right to Terminate the Contract .......... 14.1 Contractor's Submittals ....... 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3. Cont tact or's Superintendent .................... 3.9, 10.26 Contractor's Supervision and Construction Procedures ..... 1.2.4, 3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, 10 Contractual Liability Insurance ................ l 1.1.1.7, 11.21 Copies Furnished of Drawings and Specifications . 1.3, 225, 3.11 Correction of Work .................. 2.3,2.4,4.2.1,982, 9.9.1, 1212, 122, 137 ] 3 Cost, Definition of ....................... 7.3.6, 14.35 Costs .... 24, 3.21,37.4,382, 3.15.2, 4,3.6, 4.3.7, 4.3.8.1,5.23, Outtlng snd Patching ........................ 3.14,6.2.6 Damage to Construction of Owner or Separate Contractors 3.142, Damages for Delay ................... 6.1.1,8.3.3, 9.5.1.6, 9.7 Date of Commencement of the Work, Definfiion of ........ 8.1.2 Date of Substantial Completion, Defnitionof ...... 813 Day, Definition of ............................. 8.14 4.3.2, 4.3.6, 4.41, 44.4, 4.5, 63, 7.30, 738,8.13, 831, 92, Decisions to Withhold Oorllfle,~tion .... 9.$,9.7, 14113 Defective or Nonconforming Work, Acceptance, Rejection and Correction of ........... 2.3, 24, 3.51,421, Defective Work, Definition of 351 Documents and Samples at the Site ........... 311 Drawings, Definition of I 15 Drawings and Specifications, Use and Ownership of I 11, I 3, 22.5, 311, 53 Duty to Review Contract Documents and Field Condifions ~ 2 EffecfiveDateoflnsurance 822,1112 Emergencies ............................... 4.3.7, 10.3 Employees, Contractor's .......... 3.3.2,3.4.2,3.8.1,3.9,3.18.1, Execution and Progress of the Work ....... 1.1.3, 1.2.3,3.2,3.4.1, Execution, Correlation and Intent of the Contract Documents .......................... 1.2, 3.7.1 Extensions of Time ............. 4.3.1,4.3.8,7.2.1.3,8.3, 10.3.1 Failure of Payment by Contractor .......... 9.5.1.3, 14.2.1,2 Failure of Payment by Owner .............. 4.3.7,9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Flnsl Payment ........ 4.2.1,4.2.9,4.3.2, Financial Arrangements, Owner's ...................... 2.2.1 Fire and Ext ended Coverage Insurance ................ 11.3 GENERAL PROVISIONS .............................. 1 Governing Law ................................ 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials ........................ 10.1, 10.2.4 Identification of Contract Documents ............. 1.2.1 Identification of Subcontractors and Suppliers ........... 5.2.1 Information snd Services Required of the Owner .... 2.1.2.2.2, Injury or Damage to Person or Proflerty 4.3.9 Inspections 3.3.3. ~ 34, 3.7.1, 42.2, Instructions to Eidders 1.1.1 lnstructions to the Contractor 3.8.1,4.2.8,521,7, 121, 1352 insurance ....... 4.3.9.6.1.1,7.3.6.4, 93.2, 9.82, 9.91,9.10.2, 11 Insurance, Boiler and Machlnee? 11,3.2 Insurance, Contrector's Liability 11.1 Insurance, Effective Date of 8.2.2, l 112 In$urence, Lo~$ of Use 11.3.3 Ins~ren¢~, O~rmr's Liability ................. 11.2 Insurance, Prel~rly ................. 10.2.5,11.3 Insurance, Stored Mat eriais ................ 93.2, 11.3.l.4 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1, 11.3.11 Insurance Companies, Settlement with 11.3.10 Intent of the Contract Documents 12.3, 312.4, 426, 427, 4.212, 4.2.13, 7.4 Interest 13.6 Interpretations, Written .......... 4.211~ 4212, 4.3.7 Joinder and Consolidation of Claims Required 4.5.6 Judgment on Final Award -t %.1,4.54 I, 4.5.? Labor and Materials, Equipment 11.3, 1.16, 3.4, 3.51,38.2, 4.27, 621, 73.6, 9.3.2, 933, 1224, 14 Labor Disputes 8.3.1 Liens 2.12,4.3.2,4351,822,933,910.2 Limitation on Consolidation or dolnder 4.5.5 Limitations, Slatutes of .t 5.1.2, [22.O, 137 4.23,427,4.210,52.2.524, 74, I1310 AIA DOCUMENT A201 · GENERAL CONDITIONS O16 THE CONTRACI FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · (c)I987THEAMERICANINSTITUTEOFARCNITECTS, lZ35NEXX YORKAVENUE NW,WASNINGTON, DC 20006 A201-1987 3 WARNING: Unlicensed photocopying violates U.S, copyright laws and is subject to legal prosecution. Limit ations o f Time, General ........... 2.2.1,2.2.4,3.2.1,3.7.3, Limitations o f Time, Specific ......... 2.1.2,2.2.1,2.4,3.10,3.11, Lose of Use Insurance ............................ 11.3.3 Materials, Hazardous ........................... 10.1,10.2.4 Means, Methods, Techniques, Sequences and Procedures of Construction ...... 3.3.1,4.2.3,427,9.4.2 Minor Changse In the Work ..... 1.1 .l, 4,2.8, 4.3.7, 7.1, ?.4 MISCELLANEOUS PROVISIONS ................ 13 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of ............... 12.3 Nonconforming Work, Rejection and Correction of 2.3.1, Notice 23,24,3.2.1,322,373,374,3o, 3128, Notice, Written 2.3, 2.4, 39, 3.12.8, 3.129, 4.3, Notice of Testing and Inspections ........ 1351, 13.5.2 Notice to Proceed 82.2 Noticse, Permits, Fees and ..... 2.23, 3.7, 3.13, 73.6.4, IO.22 Observations, Architect's On Site .......... 4.2.2,4,2.5, 43.6, 94.2,9.51,9.101, 135 Observations, Contractor's 1.22, 3.2.2 Occupancy 966,98.1,99,113.11 On-Site Inspections Dy the Architect 422, 4.29, 4.3.6, 9.4.2, 98.2, 9.q2, 9.10.I On-Site Observa[ions by the Architect 422, 4.25, 43.6, Orders, Written 23, 3.9, 4.37, 7,822, 11.39, 12.1, OWNER 2 Owner, Definition of 2.1 Owner, Information and Services Required of the 2t.2, Owner's Financial Capability .............. 2.2.1, 14.1.1.5 Owner's Liability Insurance 11.2 Owner's Loss of Use Insurance 113.3 Owner's Relationship with Subcontractors ........ 1.1.2, 52 I, 541,964 Owner's Right to Carry Out the Work 2.4, 1224, 14.2.22 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts ........................ 6.1 Owner'a RIgM to Stop the Work ............... 2.3, 4.3.7 Owner's Right to Suspend the Work .................. 14.3 Owner's Right to Terminate the Contract ................. 142 Ownership and Use of Aruhltect's Drawings, Specifications and Other Documents ............... 1.1.1,1.3, 2.2.5, 5.3 ParUal Occupancy or Use ........... 9.6.6,9.9, 11.3.11 PatchlRg, Cutting and .................... 3.14,6.2.6 Patents, Royalties and ........................... 3.17 Payment, AppIIcattonc for ............... 4.2.5,9.2,9.3,9.4, Payment, ~,rtlflcatse for ......... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, Payment, Falluru of ....................... 4,3.7,9.5.13, Payment, Final ........... 42.1,4.2.9, 4.32, 4.3.5, 9.10, 11.1.2, 11.1.3, 11.3.5, 12,3.1 Payment Bond, Pefformence Bond end ........... 7.3.6.4, Payments, Progress 4.3.4, 9.3, 9.6, 983, 9.103, 13.6, 142.3 PAYMENTS AND COMPLETION 9, 14 Payments to Subcontractors .......... 5.4.2,9.5.1.3, PCB ..................................... 10.1 Performance Bond and Payment Bond 7.3.64, Permits, Pee~ and Notices ...... 2.2.3, 3.7, 313, 7.364, 10.22 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10 l Product Data, DefinRion o f 3122 Product Data and Samples, Shop Drawings 3.11,3.12,427 Progress and Completion 4.22.434, 8.2 Progress Payments 434, 93, 9.6, 983,9103, 136, 1423 Prolect, Definition of the 1.1.4 Pro]~ Manual, Definition of the 1.1.7 Project Manuals 2.2.5 Project Representatives 42.10 Properly Insurance t025,11,3 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws .......... I 3, 30, 37, 3,13, 4.11,455, RejectionofWork 351,42.6, 122 Releases of Waivers and Liens 9.102 Representations I 22, 351,312.7, 62.2,821,9.33.9.42,9.51,9.8.2,910 I Representatives 2.1.1,3 I 1,3.9, Resolution of Clelms and Disputes 4.4,45 Responsibility for Those Per forming the Work 332, 423, O13,62, IO Retainage ............ 9.31, %62,983,9.9.1,9102.9.103 Review of Contract Documents and Field Condltlonsby Contractor [ 22,3.2, 3.7.3,3127 Review of Contractor's Submittals by Owner and Architect 3 I0 l, 31 fl2, 3 ] 1, 312, 4.27, 429. q 21, S.2.3, 9.2, 982 Review of Shop Drawings, Product Data and Samples by Contractor 312 $ Rights and Remedies Il 2+ 2.3, 2.4, 35 1,3.15 2, 103, 1222, 12 2 % 13.4~ 14 Royalties and Patents 3.17 4 A201-1987 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTP~.CT FOR CONS*[ RUCTION · FOURTEENTH EDITION AIA® · © 1987 TttE AMERICAN INSTITUTE OF ARCHITECTS, 17~ NEW YORK AVENUE, NW, WASHINGTON. D C 2~)006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. Rules and Notices for Arbitration .................... 4.5.2 Safety of Persons end Property ....................... 10.2 Safety Precautions and Programs ........... 4.2.3, 4.2.7, 10.1 Samples, Definition of .............................. 3.12.3 Samples, Shop nrawIngs, Product Data and ... 3.1 I, 3.12, 4.2.7 Ssmples af the Site, Documents and ............... 3.11 Schedule of Values ......................... 9.2,9.3.1 Schedules, Construction ...................... 3.10 Separate Contracts and Contractors .......... 1.1.4,3.14.2,4.2.4, Shop Drawings, De finition of .................... 3.12.1 Shop Drawings, product Data and Samples 3.11,3.12, 4.2.7 Site, Use of ........................... 3.13, 6.].t, 6.2.1 Site Inspections . . t .2.2, 3.3.4, 4.2.2, 4.2.9, 4.3.6, 9.8.2, 9.10.1, 13.5 Sit e Visits, Architect's ............... 4.2.2,4.2.5,4.2.9,43.6, Special Inspections and Testing ........... 42.6, 12.2.1, 13.5 Spegffinstlons, Definition o f the ...................... 1.1.6 Spl~lflcstlons, The ......... 1.1.1,1.1.6, 1.17, 1.2.4, 13,3.11 Statutes of Limitations .......... 4.5.4.2, 12.26, 13.7 Stopping the Work ....... 2.3, 4.37, 9.7, 10.1.2, 10.3, 14.1 Stored Materials ........ 6.2.1,9.3.2, 10.2.12, 11.3.14, 122.4 Subcontractor, Definition of ..................... 5.1 .] SUBCONTRACTORS .................... 5 Subcontractors, Work by 1.2.4,3.32,3.12.1, 4.2.3, 5.3, 5.-t Suboontra~tual Relations ....... 5.3,5,4,9.3.1.2,9.62, Substantial Completion . 4. % 43.5.., 8. l l, 8 l 3, Substantial Completion, Definition of 98 l Substitution of Subconiractors 523,524 Substitution of the Architect 413 Substitut{ons of Materials 3.51 Sub subcontractor, Definition of 512 Subsurface Conditions 4.30 Succeseom and Assigns 13.2 Superintendent ...................... 3.9, 10.26 Supervision and Construction Procedu res ..... I 2 a,3.3, 3.4, Surety, Con,sent of 99.1, q102,9.lO.3 Surveys 2.2.2,318.3 Suspension by the Owner for Convenience ............ 14.3 Suspension of the Work ............ 4.3.7, 5.4.2, 14.1.1.4, 14.3 Suspension or Termination of the Contract ...... 4.3.7,5.4.1.1, 14 Taxs$ ..................................... 3.6, 7.3.6.4 Termination by the Contractor ........................ 14.1 Termlnafion by the Owner for Cause ............ 5.4.1.1,14.2 Termination of the Architect ......................... 4.1.3 Termination of the Contractor ........................ 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT .... 14 Testa and Inspections 3.3.3,4.2.6,4.2.9,9.4.2,122.1.13.5 TIME .............................................. 8 Time, Delays and Extensions of .............. 4.3.8, 7.2.1,8.3 Time Ltmlts on Claims ...... 4.3.2, 4.3.3, 4.3.6, 4.3.9, 4.4, 4.5 Title to Work ................................. 9.3.2,9.3.3 UNCOVERING AND CORRECTION OF WORK ........... 12 Uncoverin0 of Work .......................... 12.1 Unforeseen Conditions ............. 4.3.6, 8.3.1,101 Unit Prices 7.1.4,7.3.3.2 UseofDocuments 1Al, 1.3, 2.2.5, 3.127, 5.3 Use of Site ................ 3.13,6.1.1,62.1 Values, Schodule of ................. 9.2,9.3.1 Waiver of Claims: Final Payment ....... 4.3.5,4.5.1,9.1o.3 Waiver of Claims by the Architect .................. 13.4.2 Waiver of Claims by the Contractor ...... 9.10.4, 11.3.7, 13.42 Waiver of Claims by the Owner ........ 4.3.5,4.51,9.93, Waiver of Liens 9102 Warranty and Warranties 3.5, `129, 4.353, 93.3, 982, 991, 12.2.2, 137.1.3 Weather Delays 4.382 When Arbitration May Be Demanded .......... 4.5.4 Work, Definition of I 1.3 Written Interpretations 4211, 4.212, 4.37 Wdttan Notice .......... 2.3, 24, 3.9, 3.12.8, 3.12.9, 43, 44.4, Written Orders 2.3, 39, 4.3.7, AIA DOCUMENT A201 · GENERAl. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDI'IION Al^® · fi) I tlR7 'I'NE AMERICAN [NS'] [TUTE OF ARCHITECTS, 173~ NEW YORK AVENUE, NW WARNING: Unlicensed photocopying violates U.S. copyrtgM laws and is subject to legal prosecution. A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1,1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Commctor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modhq- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind { 1 ) between the Architect and Con tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties 1,1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a pan of the Project. 1.1.4 THE PROJECT The Project is tile total construction of which the \Vork per- formed under Ihe Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.$ THE DRAWINGS The Drawings are thc graphic and pictorial portions of tile Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched ules and diagrams. 1,1.6 THE SPECIFICATIONS Tile Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1,7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample fomls, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not s~gn all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.'~.$ The intent of die Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control thc Contractor in dividing the Work an~ong Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings, 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Acchitect, and unless otherwise indicated thc Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of tbem, except the Contractor's record set, shall be returned or suitably accounted for to thc Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to tile Contrac tot, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj ects or for additions to this Project outside the scope of the 6 A201-1987 AIA DOCUMENT A20t · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · © 1987 TH E AMERICAN INSTITUTE OF ARCHITECTS 1 ~35 NEW YORK AVENIIE. N W ~ WASlilNGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect, Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights, 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.6 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any" and arti- cles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents a.s if singular in number. The term "Owner" means the Owner or the Owner's authorized representative, 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 Thc Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless such reaso~able evidence were Jurnished on request prior to the execution oj the Agreement, the prospective contractor would not he required to execute the Agreement or to commence the lt Drk.] 2.2.2 The Owner shall furnish surveys describing physical cfiaracterisfics, legal limitations and utility locations for Ibc site of the Project, and a legal description of the site, 2.2.3 Except for permits and fees which are tile responsihility shall secure and pay for necessary approvals, easements, .LSSeSS ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities, 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2,$ Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor falls to correct Work which is not in accordance with the requirements of the Contract Documents as required by paragraph 12.2 or persistently falls to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S R~GHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period afier receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven day period. If the Contractor within such second seven day period after receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to tile Contractor are both subject to prior approval of thc Archi- tect If payments then or thereafter due the Contractor are not sufficient to cover such an~ounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 3.1 CONTRACTOR DEFINITION 3.1.1 'File Contractor is the person or eimty identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number The term "Comractor" WARNING: Unlicensed photocopying violates U.S. copyright I~ws and is subject to legal prosecution. A201-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND REID COND[TIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con tractor performs any construction activity koowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate an~ount of the attributable costs for correction. 3.2.2 The Contractor shall take held measurements and verify field conditions and shall carefully compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention The Contractor shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and for coordinating ail portions of the Work under the Con- tract, unless Contract Documents give other specific it~struc tions concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor, 3.3.3 The Contractor shall not be relieved of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of pot tk)ns of Work already performed under this Contract to deter mine that such portkms are in proper condition to receive sub sequent Work 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Comract Documents, the Contractor shall provide and pay for labor, materials, equip mere, tools, construction equipment and machinery, water, heat, utilities, transportation, and other iacilities and services necessary lor proper execution and completion of the Work, whether temporary or permanent and whether or Ilot incorpo rated or to be incorporated in the Work, 3.4.2 Thc Comractor shall enh)rce strict discipline and good order mnong the Contractor's employees and other persons carrying ora the Contract. The Comracn)r shall not permit employment of unfit persons or persons not skilled in tasks assigned to them, 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective, The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect, 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmema] fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of rue Contract and which are legally required when bids are received or nego- tiations concluded. 3.?.~ The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.?.3 it is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regula tions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.?.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs 3.3 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documems. Items covered by allowances shall be supplied h)r such amounts and by such persons or entities as the Owner may direct, hut the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection 3.g.2 Unless otherwise provided in die Contract Doculnents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to aw>id delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; 8 A201-1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3,8.2,2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ lng, Other communications shall be similarly confirmed on written request in each case, 3,10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con tract Documents, and shall provide for expeditious and pracfi cable execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordi hated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustratkms, standard schedules, per formance charts, lllstmctions, brochures, diagrams and other information furnished by the Contractor to illustrate materials 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar sub- which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4,2.7. 3.1~.$ The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.18 The Contractor shall perform no porfion of the Work requiring submittal and review of Shop Drawings, Product Data, San~ples or similar submittals until the respective submit tal has been approved by the Architect. Such Work shall be in accordance with approved submittals, 3.1~.? By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do sc), and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents, 3.12.g The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing o[ such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissinns in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi tect's approval thereof 3.12.{I The Contractor shall direct specific attcnfion, in writing or on resubmitted Shop Drawings, Product Data, San~ples or similar submittals, to revisions other than those requested by the Architect on previous submittals 3.12.10 informational submittals upon which thc Architect is not expected to take responsive action may be so identified in the Contract Documents 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifl cations 3.t3 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible tot cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of thc Work or fully or partially completed construcfion of the Owner or separate contractors by cutting, patching or other- wise ahering such construction, or by' excavation. The Contrac WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 9 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld, The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- lng area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 Thc Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.11 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infi:mgement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod uct ora pacticular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may he liable, the indemnifica lion obligation under fuis Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them arising out of ( 1 ) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means thc Architect or the Architect's authorized representative, 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall oot be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1,2 and 4,1.3 shall be subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and w~ll not be responsible for construction means, methockq, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con 10 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~)I987THEAMERICAN INSTIT[JTE OFARCH[TECTS. 1135NE'~7 YORKAVENUE, NW.WASHINGTON, D C.2OOO6 WARNING: Unticensed photocopying violates U.S. copyright laws and is subject to legal prosecution. tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work, 4.2.4 Communications Fecllltating Contract Admlnlstra- tloII, Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner, 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13,5.2 and 13,5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work, 4.2.? The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tats shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component, 4.2.8 The Architect will prepare Change Orders and Construe tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documems required by the Contract and ~sembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro vide ()ne or more project representatives to assist ill carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- toL The Architect's response to such requests will be made with reasonable prompmess and within any time limits agreed upon, If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- dished in compliance with this Paragraph 4,2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithf~l performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract, The ten'd "Claim" also includes other disputes and matters in ques tion between the Owner and Contractor arising out of or relat lng to the Contract. Claims must be made by written notice, The responsibility to substantiate Claims shall rest with the party making the Claim, 4.3.2 Decision o1 Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initiaIly to the Architect for action as provided in Paragraph 4.4. A deci sion by the Architect, as provided in Subparagraph 4.44, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been cum pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.44 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien 4.3.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 11 4.3.4 Continuing Contract Performance. Pending final reso- lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If con ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ mated ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons Claims by either party in opposition to such determination must be made within 21 days after the Axchitect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustmem shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Clslm$ for Addltionsl Ccet. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 103 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ rea order for a minor change in the Stork issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein, 4.3.8 Claims for Additional Time 4.3.8.1 If thc Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given The Contractor's Claim shall include an estimate of cost and of prubable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary-, 4.3.8.2 if adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documemed by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction, 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 2 l days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.3,7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Thc Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claint. 4.4.2 Ifa Claim has been resolved, the Architect will prepare or obtain appropriate documentation 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy 4.5 ARBITRATION 4.5.1 Controvemles and Claims Subject to Arbitration. Any controversy or Claim arising ()ut of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator ~r arbitrators may bc entered in :my court having jurisdiction inereof, except <omroversies or Clalrus relating to aesthetic effect and except those waived as provided for ill Subparagraph 435 Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subpat'agraph q.44 shall be subject to arbitration upon written demand ~f either party Arbitration may be commenced when 4~ da~ s bare passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 12 A201-1987 WANNING: Unlicensed photocopytng violates U.S. copyright laws and is subject to legal prosecution. 4.5.2 Rulce and Notices for Arbitration. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall be filed in writing with the other patty to the Agreement between the Owner and Con- tractor and with thc American Arbitration Association, and a copy shall be filed with the Architect. 4.5.3 Contract Performance Duflng Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4, 4.5.4 Whan Arbitration ]May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of (1) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4,3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration arid (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties concerned. 4,5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.1 and 4.54 and Clause 4.5.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13,7 4.5.5 Limitation on Consolidation or doinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor a~qd any other person or entity sought to be joined. No arbitration shall include, by consofidation or ioinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor :ts described in Article 6 shall be included as an orig inal third party or additional third party to an arbitration whose interest or responsibility is insubstamlaL Consent to arbitration involving an additional person or entity shall not constitute consem to arbitration of a dispute not described therein or with a person or entity not named or described therein. The fore going agreement to arbitrate and other agreements to arbitrate with an additional person or emity duly consented to by parties to the Agreement shall bc specifically enforceable under appli- cable law in any court having jurisdiction thereof 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in the demand all Clain~s then known to that party on which arbitra- tion is permitted to be demanded. When a party fails to include a Clailn through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.'I Judgmant on Flrlal Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcomractor or an authorized representative of the Sub subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac~ ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal pot tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection, 5.2.2 The Comractor shall not contract with a proposed per son or entity to whom the Owner or Architect has made rea sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall bc increased or decreased by the difti-rence in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in Ihe Contract Sum shall be allowed for such change unless the Contractor bas acted promptly and respousivdy in submitting names as required. 5.2.4 The Contractor shall not change a Subcomractor, person or entity previously selected if the Owner or Architect makes WARNING: Unlicensed photocopying violates U.S. copyright Imps and is subject to legal prosecution. A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Doou- ments, and to assume toward thc Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of ali rights, remedies and redreSs against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon tractor in writing; and .2 assignment is subiect to the prior rights of the surety, if any, obligated under bond relating to the Contract 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform constmctinn or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate comracts are awarded for difl~rent por tions of the Project or other construction or operations on the site, the term "Corm'actor' in the Contract Documents in each case shall mean the Contractor who executes each separate Owner Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1,4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAl. RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- stmction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.6 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations 6,2.6 The Owner and each separate contractor shall have thc saner responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround lng area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible a~ the Architect determines iobc just. 14 A201-1987 WARNING: Unlicensed photocopying violates U.S. copyrighl laws and is subject to legal prosecution. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted, 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. ?.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHAHGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adiustment, if any, in the Contract Sum or Contract Time, or ~)th. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con tract Time being adjusted accordingly, 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order, 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- mit evaluation: .2 unit prices stated in the Contract Documents or sub- sequenlly agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable £Lxed or percent- age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3,3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data, Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office person nel directly attributable to the change 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment, The amount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change, 7.3.8 If tile Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination, 1.3.~ When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustmems in the Contract StiHl and Compact Time, or otherwise reach agree- ment upon the adjustments, such agreemem shall be effective immediately and shall be recorded by preparation and execu tion of an appropriate Change Order. AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCT[ON * FOURTEENTIt EDITION AIA® · © I qg7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1 7~,$ NEW YORK AVENUE, N W, WASHINGTON. D C 2004)G WARNING: Unlicensed photocopying violates U.S. copyright laws and ts subject to legal prosecution. A201-1987 15 7,4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8,1 DEFINITIONS 8,1.1 Unless otherwise provided, Contract Time is the period of time. including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible, 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time linlits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work 8.2.2 The Contractor shall not knowingly, except by agree- ment nr instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article 1 1 to be inmished by the Contractor. The date of commencemem of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by tile Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then thc Contract Time shall be extended by Change Order for such 8.3.2 Claims relating to t~me shall he made in accordance with applicable provisions of Paragrapb q.3 8.3.3 This Paragraph 8.3 does not preclude recovery of dam ages R)r delay by either patty under other provisions of the ARTICLE 9 PAYMENTS AND COMPLETION 9,1 CONTRACT SUM 9.1.1 The Contract Sum is stated in thc Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica tions for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders, 9.3.1.2 Such applications may not include requests for pay- ment of anqounts the Contractor does not intend to pay to a Suhcomractor or material supplier because of a dispute or other 9.3.2 Unless otherwise provided in the Contract Documents, payments shall he made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipmem stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation tn tile site for such materials and equipment stored off the site 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than upon submittal of'an Application fl)r Payment all Work for which Certificates for Paymc~t have been previously issued 9.4 CERTIFICATES FOR PAYMENT 9.4.1 Tbe Arcbitcct wiil, witbin seven da~s after receipt of the 16 A201-1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subiect to legal prosecution. Owner a Certificate for Payment, with a copy to the Contrac tot, for such amount as the Architect determines is properly due. or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.:} The issuance of a Certificate for Payment will constitute a representation by the Architect to th& Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum. 9.8 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to tile Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect wilI promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 failure of the Contractor to make payments prop equipment; plctcd for the unpaid balance of the Contract Sum; .8 reasonable evidence that the Work will not be corn pleted within the Contract Time, and that the unpaid liquidated damages for the anticipated delay; or 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner, 9.6.1] The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor, 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate ft)r Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received, The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended USC. 9.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on sucfi list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu meres. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · '~ 19R7 TH E AMERICAN INSTITUTE OF ARCH[TECTS~ 173S NEW YORK AVENUE, NW, WASHINGTON, DC 200IK~ A201-1987 17 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. nated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.8.$ Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or por tion thereof as provided in the Contract Documents. 9.8 PARTIAL OCCAJPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tislly completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the Work, Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of thc Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said t'mal Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. Ifa Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9,10.3 If, after Substantial Completion of the Work, final eom pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully corn pleted or corrected is less than retalnage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted hy the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub contractor or material supplier shall coustitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.35 18 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · -~)1987 THEAMERICANINST[TUTEOFARCHITECqS. lZh5 NEW YORK AVENUE. NW,WASHING]ON. DC WARNING: Unlicensed photocopying violates U.S. copyright laws and is su~ect to legal prosecution. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- raining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- hated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated hiphenyl (PCB). 10.1.4 To the fullest extent permitted by lave, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ lng but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1,4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, wbetber in storage on or off the site, under care, custody or control of the Contractor or the Contractor's SuDcontractors or Sub subcontrac tots; and .3 otber property at the site or adjacent dlereto, such trees, shrubs, lawns, walks, pavemtmts, roadways, structures and utilities not designated fi }r removal, relo 10,2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss, 10.2,3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and noticing 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 execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10,2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect, 10.2.?' The Contractor sb~l not load or permit m~y part of thc construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre vent threatened damage, iniury or loss. Additional compensa- tion or extension of time claimed by file Contractor on account of an emergency shall he determined as provided in Paragraph 43 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfiilly authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under tfie Contract and g)r which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subeontractor or by anyone directly or indirectly employed by any of tbem, or by anyone R)r whose acts any of them ma}' be liable: disability benefit and other similar employee benefit acts wl~ich are applicable to the Work to he performed: A201-1987 19 WARNING: Unlicensed photocopying violates U,S, copyright laws and is subject to legal prosecution. .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .7 claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work untiI date of final payment and termination of any coverage required to be main- rained after final payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11,1 shall contain a provision that coverages afforded under the policies will 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 remain in force after final payment and are reason ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purcbase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Con- tract Sum a.s well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- untary deductibles Such property insurance shall be main tained, unless otherwise provided in the Comract Documents or otberwise agreed in writing by all persons and entities wbo made ;cs provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work. 11.3.1.1 Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 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 writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason able costs propedy attributable thereto, 11.3.1.3 [f the property insurance requires minimum deducti hies and such deductibles are identified in the Contract Docu merits, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles, 11.3.1.4 Unless otherwise provided in the Contract Docu ments, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value estaDlished in the approval, and also portions of the Work in transit. 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required Dy the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by tbe Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- subcontractors in the Work, mqd the Owner and Contractor shall be named insureds 11.3.3 Loss of Use Insurance. The Owner, at the Owner's 11.3.4 If the Contraclor requests in writing that insurance for risks other than those described herein or for other special haz ards be included in the property insurance policy, the Owner shall, if possible, include stroh insurance, and the cost thereof shall be charged to the t,,~mractor hy appropriate Change Order. 20 A201-1987 WARNING: Unlicensed photocopying violates U.S. copyright Jaws and is subject to legal prosecution. 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Project, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the tern~ 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. 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Waivers of Sub.cation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tots, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro cation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurmlce shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insurers, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in sin~ilar 11.3.9 if required in writing by a party in interest, thc Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. Thc Owner shall deposit in a separate account pro ceeds so received, which the Owner shall distribute in accor dance with such agreement as the parties in interest may reacb, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam aged property shall be covered by appropriate Change Order. 11.3.10 Thc Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in wdting within five days after occurrence of loss to the Owner's exercise of this power; ff such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in accordance with paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual wdtten consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac tot to furnish bonds covering ~aithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it sball be uncovered by the Contractor. If such Work is in accordance witb 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 sball pay such costs unless the condition was caused by the Owner or a separate contractor in whicb event the Owner shall be responsible for payment of such costs 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed The Comractor shall bear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the Architect's services and expenses made necessary thereby 12.2.2 If, within <)ne year after the date of Substantial Comple- lion of the Work or designated portion thereof, or after the al:itc A201-1987 21 WARNING: Unflcensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition, This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the act0al 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 costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such 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 sufficient to cover such an~ount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con tract Documents. 12.2.6 Nothing contained in this Paragraph 12,2 shall be con strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con tract Documents. Establishment of the 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 Docoments may be sought to be enforced, nor to the time within whicb 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 Sun] will be reduced 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 AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- fives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13,4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a lin~itation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 NO action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test- lng 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 tions are to be made so the Architect may observe such proce- dures The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded, 13.$.2 If the A~-chitect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5.1, tile Architec{ will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Mcfii/ect may observe such procedures 22 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRLICTION · FOHRTEENTH EDITION WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.$.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5,1 and 13.5.2 reveal failure of the portions of the Work to comply with 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 expei'tses. 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 tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing, 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. AS tO acts or failures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate for Payment. As to acts or failures to act occur ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures ;o act occurring after the relevant date of issu- ance of the final Certificate for Payment, any appli~ cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrt]ed in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2. or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs las; ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the fogowing reasons: .1 issuance of an order of a court or other pubfic author- ity having jurisdiction; o2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2,2.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery', including reasonable ovethead, 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 failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor rant to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 141.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Conrtactor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor a~d the Subcontractors; .3 persistently disregards laws, ordinances, or rules, reg~ ulations or orders of a public authotity having juris- diction; or .4 otherwise is guilty of substantial breach ora provision of the Contract Documents 14.2.2 When any of the above reasons ex~st, the Owner, upon certification by the Axchitect that sufficient cause exists to jus- AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ~ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 17~$ NEW YORK AVENUE, NW, WASHINGTON, D.C 20000 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to leoal prosecution. A201-1987 23 tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .$ Finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates thc Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is Finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's serqices and expenses made necessary thereby, such excess shall be paid to the Contractor, If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall he 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 FON 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 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion, No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.a.a Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. 24 A201-1987 AIA ~OCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA* * @ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, ] 735 NEW YORK AVEN[;E N W, WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U,S. copyright laws and Is subject to legal prosecution. 3/87 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. Cutchogue Hamlet Parking Lot: G-1 .2 .3 Comprehensive General Liability (Including Premises Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily Injury: $1,000,000 Each Occurrence $ 1,000,000 Aggregate, Products and Completed Operations. b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate c. Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. d. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): f. Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate. Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION: Cutchogue Hamlet Parking Lot: G-2 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS that for (Contractor) and in consideration of the sum of lawful money of the United States of America, to it in hand paid (dollars) by: (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: or supplements thereto. ,20__ and any admittance IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its hereto affixed and duly attested by and its corporate seal to be its this day of ,20 __ Attest: Principal: Cutchogue Hamlet Parking Lot: I'-1 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION roi" PARKING LOT PROJECT: at HAMLET OF CUTCHOGUE STATE ROUTE 25 & GRIFFING STREET Southold New York 11971 Cutchogue Hamlet Parking Lot: J-1 T/O SOUTHOLD JAMES RICHTER ATTN:JAMES MCMAHON 53095 MAIN ROAD PO BOX 1179 SOUTHOLD NY 11971 NEH YORK STATE DEPARTMENT OF LABOR BUREAU OF PUBLIC HORK STATE OFFICE CAMPUS, BLDG. 12 ALBANY, NY 122q0 SCHEDULE 2002 Da±e 11/01/02 PRC 0207182 SUFFOLK COUNTY Location and Type of Project PROJECT ID #: NONE CUTHCHOGUE PARKING LOT INSTALL ASPHALT PARKING LOT A DRAINAGE SUFFOLK OI In response to your request, enclosed is the schedule of the prevailing hourly wage rates and the prevailing hourly supplements for the above projec±, ~ogether with copies of the Notice of Contract Let (PH-16) for your use. THE SCHEDULE MUST BE ANNEXED TO AND FORM A PART OF THE SPECIFICATIONS FOR THIS PROJECT NHEN 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 weges to be paid to Horkers, laborers and mechanics employed on public work projectsz and to file such schedules with the Department having jurisdictzon. This schedule is effec±ive from July 1, ZOOZ through June 30, 2003. All updates, corrections and future copies of the annual determina±ion are available on the Departmen±'s website (wHN.labor.state.nv.us). The attached rates are based on the latest informa±ion available to the Department of Labor, Bureau of Public Hork. Care should be ±aken to review the rates for obvious errors. Any corrections should be brought to the Department's attention immediately. It is the responsibility o~ the public work contractor to use the proper rate. If there is a question on the proper classification to be used, please call the district office located nearest the project° NOTICE TO CONTRACTING AGENCIES: Upon cancelIation or comple~ion of this project, enter the necessary information and return this page to: New York State Department of Labor Bureau of Public Nork State Office Campus, Bldg. i2 ~Albany, NY 122q0 PROJECT HAS BEEN COMPLETED/CANCELLED: Date Signature Ti±le For additional information, contact our local District Offices: Albany (518) 457-27fi~ Syracuse (315) fiZ8-q056 Binghamton (607) 721-8005 Rochester (716) 258-q505 Buffalo (716) B~7-7159 Utica (315) 793-231~ Hempstead (516) 485-~87B Hhite Plains (91q) 997-9507 Ne~ York City (Z12) 35Z-6088 PN-200 (6-02) GENERAL PROVISIONS OF LAWS COVERING WORKERS ON PUBLIC WORK CONTRACTS INTRODUCTION The Labor Law requires pubIic work con±rac±ors and subcon±ractors to pay laborers, workers or mechanics employed in the performance of a public work contract not less than the prevaiIing rate of wage and supplements (fringe benefits) in the locality where the work is performed. RESPONSIBILITIES OF THE DEPARTMENT OF JURISDICTION A Department of Jurisdiciion (Contracting Agency) includes a state department, agency, board or commission~ a county, city, town or viliage~ a school district, board of education or board of cooperative educationaI services; a sewer, water, fire, improvement and other district corporation~ a public benefit corporation; and a public authority awarding e public work contract. The Department of Jurisdiction (Contracting Agency) awarding a public work con±tact MUST obtain a Prevailing Rate Schedule lzsting the hourly rates of wages and supplements due the workers to be empIoyed on a pubIic work project. This schedule may be obtained by completing and forwarding a Request for Wage and Supplemeni Information form (PW-39) to the Bureau of Public Work. The Prevailing Rate Schedule MUST be included in specifications for the contract to be awarded and is deemed part of the public work contract. Upon the awarding of the contract, the law requires that the Department of Jurisdiction (Contracting Agency) furnish the following information to the Bureau: the name and address of the contractor, the date the contract was let and the approximate dollar value of the contract. To facilitate compliance with this provision of the Labor Law, a copy of the Department's Notice of Contract Lei form (PW-16) is provided with the original Prevailing Rate Schedule. The Department of Jurisdiction (Contracting Agency) is required to notify Bureau of the completion or cancellation of any public work project. The Oepartment s PW-ZO0 and nH-200.1 forms are provided for that purpose. HOURS No laborer, worker or mechanic in the employ of a contractor or subcontractor engaged in the performance of any public work project shali be permitted to work more than eigh± hours in any day or more than five days in any week~ except in cases of extraordinary emergency. The contractor and the Department of Jurisdic±ion (Contracting Agency) may apply to the Bureau of Public Honk for a dispensation permitting workers to work additional hours or days pen week on a particular public work pro~ect. WAGES AND SUPPLEMENTS The wages and supplemen'ts to be paid end/or provided to laborers, workers and mechanzcs empioyed on a pubIic work proSect shaI1 be not be less than those Iisted in ±he current Prevaiiing Rate Scheduie for the locaiity where the work is performed. If a prime contractor on a public work pro~ect has not been provided with a Prevailing Rate Schedule. the contractor mus± notify Department of Jurisdiction (Contracting Agency) who in turn must request an original Prevailing Rate Schedule from the: New York State Department of Labor Bureau of Public Work State Office Campus, Bldg. 12 Albany, NY 122~0 Upon receiving the original schedule, the Department of Jurisdiction (Contracting Agency) is required to provide complete copies to all prime contractors who in turn must provide copies to each subcontractor and obtain an affidavit certifying such schedule was received. Page 1 The Commissioner of Labor makes an annual de~ermina±ion of ±he prevailing rakes. This determination is in effec± from July 1 ~hru June 30 of ~he following year. The annual determination is avazlable on ~he Oepar±ment of Labor website (www.labor.s~ate.ny.us). The prime con±rac±or is required by law ±o provide copzes of all applzcable county schedules to each subcon~rac±or end ±o obtain from each and every subcontrac±or an affidavi± cer±ifying ~hat such schedules were received. If ±he original schedule expired, ~he con,fac±or may obtain a copy of ~he new annual de±ermination from ~he Department's websi~e. PAYROLLS AND PAYROLL RECORDS Every con±rackor and subcontractor mus~ keep original payrolls or Aranscrip~s subscribed and affirmed as ~rue under penal±y of perjury. Payrolls mus~ be main±aired for a~ leas~ khree years from the project's daAe of comple~ion. A± a minimum, payrolls mus~ show ~he following informa±ion for each person employed on a public work proSec±: ~ Name ~ Classifica±ion(s) in which ±he worker was employed M Hourly wage ra~e(s) paid ~ Supplemenks paid or provided ~ Daily end weekly number of hours worked in each classification. Every contractor and subcontractor shall submi± ~o ~he Depar~men~ of Jurisdiction (Con,racking Agency), within ±birmy (30) days after issuance of i~s firs± payroll and every thirty (30) days ~hereaf*er, a ±ranscrip~ of khe original payrolls, subscribed and affirmed as ~rue under penal~y of perjury. The Depar~men~ of Jurisdic±ion (Con*racking Agency) shall receive and maintain such payrolls. In addition, ~he Commissioner of Labor may require con±rac~ors ~o furnish, within ±en days of a reques±, payroll records shorn ~o as ±heir validity and accuracy for public work and private work. Payroll records include, bu± are nok limz~ed ko, ~ime cards, work descripkion shee~s, proof ~ha* supplements Here provided, cancelled payroll checks and payrolls. Failure provide ~he requested information wikhin ~he allotted ~en days will resul~ in khe withholding of up ~o 25% of ±he con~rac~, no± *o exceed one hundred khousand dollars. If ±he con~rackor or subcontractor does no± maintain a place of business in New York S±a~e and ±he amoun~ of ~he con~rac~ exceeds $25,000, payroll records and certifications mus~ be kep~ on ±he projec~ worksi~e. The prime con,fac±or is responsible for any underpaymen~s of prevailing wages or supplemen*s by any subcon~rac±or. All con~racAors or ~heir subcon±rac~ors shall provide ±o ~heir subcon±rac~ors a copy of ~he Prevailing Ra~e Schedule specified in ±he public work con±rac± as Hell as any subsequently issued schedules. A failure *o provide ~hese schedules by a con~rac~or or subcon±rac~or is a viola±ion of Article B of ~he Labor Law. See Section 220-e(d). All subcon±rac~ors engaged by a public work proSec~ con~rac~or or i~s subcon±rac~or, upon receip~ of ~he original schedule and any subsequen*ly issued schedules, shall provide ~o such con±rac±or a verified s~a~emen± a~kes±ing ~ha~ ~he subcon~rac*or has received ~he Prevailing Ra~e Schedule and will pay or provide ~he applicable ra~es of wages and supplements specified ~herein. See S~ecAion DETERMINATION OF PREVAILING NAGE AND SUPPLEMENT RATE UPDATES APPLICABLE TO ALL COUNIIES ' The wages and supplements contained in ~he annual determination become effective July ls~ whe±her or no~ ~he new determination has been received by a given con~rac~or. Cape should be ~aken ~o revieH ~he re±es for obvious errors. Any corrections should be brough± ~o ~he Depar~men±~s a~en~ion immediately. is khe responsibility of khe public work con~rac~or ~o use ~he proper ra~es. If ±here is a ques±ion on khe proper classifica±ion ~o be used, please caii khe dis~ric± office ioca~ed neares~ ±he pro~ec~. Any errors in ~he annual dekerminakion wili be corrected and posted ~o ±he Depar~men±'s websi~e on ±he firs~ business day of each month. Con,fac±ors ere responsible for paying ~hese updated ra~es as well, re±roac±ive ~o July ls±. When you review khe schedule for a particular occupa±ion, your a~en±ion should be directed ~o ~he da~es above ~he column of ra~es. These are dakes for which e given se~ of ra~es is effective. To ~he ex~en~ possible, ~he Page 2 Depar±men± pos±s re±es in i±s possession ±he~ cover periods of ±ime beyond ~he July ls± ±o June 30~h ~ime frame covered by a par±icular annual de±ermine±ion. Re±es Ahat ex~end beyond the± ins±an± ±ime period are informational only and may be updated in fu±ure annual de±ermine±ions ±ha± actuaIly cover ±he then appropriate July ls± ±o June 30±h ±ime period. HITHHOLDING OF PAYMENTS Hhen a complain± is filed wi±h ~he Commissioner of Labor alleging ±he failure of a con,fac±or or subcon±rac±or ±o pay or provide ±he prevailing wages or supplemen±s, or when ±he Commissioner of Labor believes ±ha± unpaid wages or supplemen±s may be due~ payments on ~he public work con~rac~ shall be wi±hheld from ±he prime conArac±or in a sufficien± amour± ±o sa±isfy ±be alleged unpaid wages and supplemen±s, including in±eres± and civil penal±y, pending a flnal de{ermine±ion. Hhen ~he Bureau of Public Mork finds ±ha± a con±fac±or or subcon~rac±or on a public work projec~ failed ±o pay or provide ~he requisite prevailing wages or supplements, ±he Bureau is authorized by Sec±ions 220-b and 235.2 of ±he Labor Law ~o so no±ify ~he financial officer of Abe Oepar±men± of Jurisdiction (ConArac~ing Agency) ~ha~ awarded ~he public work con~rac~. Such officer MUST ~hen Ni±hhold or cause ±o be withheld from any paymen~ due ±he prime conArac~or on accoun± of such con±fac± ~he amoun± indicated by ±he Bureau as sufficien± ~o satisfy ~he unpaid wages and supplemen±s, including in±eres± end any civil penal±y ~ba~ may be assessed by ~he Commissioner of Labor. The wi±hholding con±inues unAil ~here is a final de±ermina~ion of the underpaymen~ by ~he Commissioner of Labor or by ~he cour~ in ~he even± a legal proceeding is ins±i±u±ed for review of ±he determination of ~he Commissioner of Labor. The Depar±men± of Jurisdic±ion (Con,racking Agency) shall comply wi±h ±his order of ~he Commissioner of Labor or of ±He court wi±h respec~ ±o ~he release of ~he funds so ei~hheld. SUMMARY OF NOTICE POSTING REQUIREMENTS The curren± Prevaiiing Ra~e Schedule must be pos±ed in a prominen~ and accessible place on ~e si~e of ±he pubIic work proSec±. The preveiIing wage schedule mus~ be encased in, or cons±ruc±ed of, ma~eriaIs capable of wi±hs~anding adverse' weather conditions and be ~i±led "PREVAILING RATE OF NAGES" in ie~ers no smalIer ~han ±wo (2) inches by ±wo (2) inches. Every employer providing workers' compensation insurance and disability benefi±s musA pos~ no*ices of such coverage in ~he formaA prescribed by *he Horkers' Compensa±ion Board in a conspicuous place on ~he jobsi±e. Every employer subjec± ~o ±he New York S±a±e Human Righ±s Law mus~ conspicuously pos~ aA i~s offices, places of employmen±, or employmen± ±raining cen±ers no±ices furnished by ±he S~a~e Division of Human Righ±s. Employers liable for con~ribu±ions under ±he Unemploymen~ Insurance Law musA conspicuously pos~ on ~he jobsi~e no±ices furnished by ~he New York SAa±e Depar~men~ of Labor. APPRENTICES Employees canno~ be pa,'tS appren±ice ra~es unless ~hey are individually registered in a program registered wi~h ~he New York Sta~e Commissioner of Labor. The allowable ra~io of apprentices ±o ~ourneyworkers in any craf± ciassifica±ion can be no grea~er ±hen ~he s~a~ewide building ~rade re±los promulgated by ~he Depar~men± of Labor and included wi±h ~he Prevailing Ra~e Schedule. An employee lis±ed on a payroll as an appren±ice who is no± registered as above or is performing work outside ±he classifica±ion of work for which ~he apprentice is inden±ured, mus± be paid ~he prevailing journeyworker's wage ra±e for ±he classlfica~ion of work ~he employee is ac±ually performing. Article B of ~he New York S~a~e Labor Law requires ~ha~ only appren±ices individually registered wi~h ~he New York S~a±e Department of Labor may be paid apprenticeship re±es on a public work project. No o~her Federel or $±a±e Agency or office regis±ers apprentices in New York S±a±e. Page Persons wishing to verify the apprentice registration of any person must do so in writing to the: New York State Departmen{ of Labor Office of Employability Development/Apprenticeship Training State Office Campus, Bldg. 12 Albany, NY 12240 Fax (518) 457-7154 All requests for verification must include the name and social security number of the person for whom the information is requested. The only conclusive proof of individual apprentice regis{ration is written verification from the Albany Apprenticeship Training Central Office. Neither Federal nor State Apprenticeship Training offices ou{side Albany can provide conclusive registration information. It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any person is registered in {hat program. Furthermore, the existence or possession o~ wallet cards, iden%ifica±ion cards or copies of state forms is not conclusive proof of the regis{ration of any person as an apprentice. INTEREST AND PENALTIES In the event that an underpayment o~ wages and/or supplements is found: ~ Interest shall be assessed a{ the rate then in effec{, as prescribed by the Superintendent of Banks pursuant to sec%ion 14-a of {he Banking Law, per annum from the date of underpayment to the date restitu{ion is made. ~ A Civil Penalty may also be assessed, not to exceed 25~ of the total of Hages, supplemen{s and interest due. DEBARMENT Any contractor or subcontractor and/or i{s successor shall be ineligible to submi{ a bid on or be awarded any public work contract or subcontract with any state, municipal corporation or public body for a period of five years when: ~ Two willful determinations have been rendered against that contractor or subcontractor and/or its successor within any consecutive six-year period. ~ There is any willful determination that involves the falsification of payroll records or the kickback of wages or supplements. CRIMINAL SANCTIONS Willful violations of the Prevailing Wage Law (Article 8 of the Labor Law) consti{u{e a misdemeanor punishable by ~ine or imprisonment, or both. DISCRIMINATION ~ No employee or applicant for employment may be discriminated against on accoun{ of age, race, creed, color, national origin, sex, disability or marital status. No contractor, subcontractor nor any person acting on i{s behalf, shall by reason cf race. creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform {he work to which the employment relates. See Section 220-e(a). No contractor~ subcontractor nor any person acting on its behalf, shall in any manner, discrzminete against or intlmida{e any employee on account of race, creed, color, disability, sex or national origin. 5ee Section 220-e(b). The Human Rights Law also prohibits discrimination in employment because of age, marital status or religion. Page There may be deduc±ed from ±he amoun~ payable ~o ±he con~rac~or under the con,fac± a penal~y of fif±y dollars for each calendar day during which such person was discrimina±ed agains~ or intimidated in violation of ±he provisions of ~he con±fac±. See Sec±ion 220-e(c). The con~rac~ may be cancelled or ~ermina~ed by ~he S±a~e or municipali±y. All monies due or ~o become due ±hereunder may be forfeited for a second or any subsequen~ viola*ion of ~he ~erms or conditions of ~he an~i-discriminetion sections of ~he con±rac~. See Section 220-e(d). Every empIoyer subject Ao ~he New York S~a±e Human RighAs Law must conspicuously pos~ a~ i±s offices~ places of employmenA, or employmen~ ±raining cen~ers notices furnished by ~he S±ate Division of Human Rights. WORKERS~ COMPENSATION In accordance wi~h Section 1G2 of ~he S~a~e Finance Law. ~he con,fac±or shall main±ain coverage during ±he life of ~he con~rac~ for ~he benefi* of such employees as required by ~he provisions of ~he New York Sta~e Workers' Compensation Law. A Con~ractor who is awarded a public work con~rac~ mus~ provide proof of workers' compensation coverage prior ~o being allowed Ao begin work. The insurance policy must be issued by a company authorized Ao provide workers~ compensation coverage in New York S~a*e. Proof of coverage must be on form C-105.2 (Certificate of Workers' Compensation Insurance) and mus± name ~his agency as a cer±ifica~e holder. If New York S~a~e coverage is added to an existing ou~-of-s~a~e policy, i~ can only be added ±o a policy from a company au±horized ±o write workers~ compensa±ion coverage in ±his s~a~e. The coverage must be lis~ed under i~em 3A of ±he information page. The con±rector mus± maintain proof ±ha~ subcontractors doing work covered under , ~his contrac~ secured and maintained e workers compensaAion policy for all employees working in New York S~a~e. Every employer providing workers compensation insurance and disability benefits must post nO~ices of such coverage in ~he forma~ prescribed by ~he Horkers~ Compensation Board in a conspicuous piace on ~he jobsi*e. UNEMPLOYMENT INSURANCE Employers liable for contributions under ±he Unempioymen~ Insurance LBH mus± conspzcuously pos~ on ±he jobsi~e no~ices furnished by *he New York S~a±e Depar±men~ of Labor. PH-203 (6/01) Page 5 NEW YORK STATE DEPARTMENT OF LABOR Bureau of Public Work State Office Campus, Bldg. 12 Albany, NY 12240 T/O SOUTHOLD JAMES RTCHTER ATTN: JANES MCMAHON S3095 MAIN ROAD PO BOX 1179 SOUTHOLD NY 11971 SUFFOLK COUNTY NAT. OF PROJECT: TO~N HEAVY & HHY COflS-HEH & REPAIR Schedule Type 2002 Date il/01/02 Prevailing Rate Case No. 0207182 01 PROJECT ID #: CUTHCHOGUE PARKING LOT INSTALL ASPHALT PARKING LOT & ~AINAGE Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith. Sec. 220.3a of the Labor Law requires that certain information be fumished to the Commissioner of Labor. Accordingly, you MUST complete ONE of these requests for EACH prime contract let immediately upon notifying a successful bidder for this Public Work project. Photocopy as many blank forms as required to supply one for each contractor. Return this request to the address given above [] Project CANCELLED, POSTPONED or assigned to agency's own employees. If reactivated, new rates and supplements will be reque§ted. [] CONTRACT AWARDED: (check one and indicate date of first legal instrument which bound agency to contract.) [] Letter of Intent [] Contract Signed [] Resolution Work to be done by this prime contractor: Type of Contract: CHECK APPLICABLE TYPE [] (01) General Construction [] (02) HeatingNentilation [] (03) Electrical [] (04) Plumbing [] (05) Other Contractor Information: ALL INFORMATION MUST BE SUPPLIED Federal Employer Identification Number: Name: Address: CONTRACTOR'S TELEPHONE #: ) - City: Amount of Contract Approximate Completion Date: / / Estimated Date Entire Project Will be Completed: / / CONTRACTS NOT YET AWARDED Type of Contract (Check all applicable contract types) [] (01) General Construction [] (02) HeatingNentilation [] (04) Plumbing [] (05) Other Signature PW-16 (7-o0) State: Approximate Starting Date: Zip: / / [] (03) Electdcal Date t~e pa~r~ Page O1 Prevailing Rate Schedule New York S±a De men± of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 Prevailing Wage Rates for 07/01/02 - 06/$0/03 INFORMATION ABOUT PREVAILING RATE SCHEDULE This information is provided to assist you in the interpretation of particuIar requirements for each classification of worker contained in the attached Schedule of Prevailing Rates. PAID HOLIDAYS Paid Holidays are days for which an eligibIe employee receives a regular day's pay, but is not requsred to perform work. If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of ±he 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 at±ention should be given to the supplemental benefit requirements. Although in most cases the payment or provision of supplements is for each hour worked, some classifications require the payment or provision of supplements for each hour paid (including paid holidays on which no work is performed) and/or may require supplements to be paid or provided at a premium rate for premium hours worked. EFFECTIVE DATES' When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates for which a given set of rates is effective. The rate listed is valid until the next effective rate change or until the new annual determination which takes effect on July 1 of each year. All contractors and subcontractors are requiredto pay the current prevailing rates of Hages and supplements. If you have anyquestions, please contact the Bureau of Public Work or visit the New York StateDepartment of Labor website (www.iabor.state.ny.us) for current wage rate information. APPRENTICE TRAINING RATIOS The following are the allowable ratios of registered Apprentices to Journey- workers. For example, the ratio 1:1,1:~ indicates the allowable initial ratio is one Apprentice to one Journeyworker. The Journeyworker must be in place on the pro~ect before an Appre?~ice is allowed. Then three additional Journeyworkers are needed before a second Apprentice is allowed. The last ratio repeats indefinitely. Therefore, three more Journeyworkers must be present before a third Apprentice can be hired,and so on. Please call Apprentice Training Central Office at (eiB) q57-6820 if you have any questions. Title (Trade) Ratio Boilermaker l:l,l:q Mason l:l,l:q Page O2 Prevailing Rate Schedule ~ New York State OeparEmen± of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 Carpenter Electrical (Outside) Lineman Electrician (Inside) Eleva±or/Escala~or Construction & Modernizer Glazier Insulation & Asbes±os Honker Iron Honker Laborer Dp Engineer Pain,er Plumber & S±eamfit±er Roofer Sheet Me,al Horker Sprinkler Fi±~er l:l,l:q i 1:2 1:1,1:2 l:l~l:$ ,1:6 1:1,1:3 1:1,1:5 l:l,l:$ l:l~l:~ l:l,l:2 l:l,l:~ l:l,l:2 If you have any questions concerning the a~ached schedule or would like addz±ional information, please contact ±he nearest BUREAU of PUBLIC HORK Distric~ Office or Hri±e ±o: New York S~a~e Depar~men± of Labor Bureau of Public Honk S~a±e Office Campus, Bldg. 12 Albany, NY 122q0 Distric~ Office Locations: Bureau of Public Honk - Albany Bureau of Public Honk Bingham~on Bureau of Public Honk Buffalo Bureau of Public Honk - Hemps~ead Bureau of Public Hork Rochester Bureau of Public Hork - Syracuse Bureau of Public Honk U~ica Bureau of Public Honk - Hhi~e Plains Bureau of Publib Honk - New York City Bureau of Public Honk Cen±ral Office Updated 11/01/2002 Telephone# FAX # 518-q57-27qq 607-721-8005 716-8~7-7189 516-228-~915 585-258-q505 $15-q28-~056 315-795-251~ 91~-997-9507 212-552-6088 518-~57-5589 5/25/2001) NOTES Admin. 518-qB5-O2qO 607-721-800~ 716-847-7650 516-79q-5518 585-258-~708 515-q28-q671 515-79~-25q2 91q-997-9525 212-552-6186 518-q85-1870 OVERTIME/HOLIDAY CODES OVERTIME FoiIoHing is an explanation of ±he code(s) ils±ed in the OVERTIME section of each ciaesifica±ion con±aired in ~he a~tached schedule, Addi~ionei requiremen±s may aiso be Iis~ed in ~he HOLIOAY section. A ) Time and one half of ~he hourly ra~e al±er 7 hours per day, AA)Time and one half of ~he houriy rate after 7 and one hail hours per day. B ) Time and one half of the hourly ra~e after 8 hours per day. Bi) Time and one half of ~he hourly ra~e for ~he gth 8 lO~h hours ~eek days and ~he let 8 hours on Saturday. Double ~he hourly ra~e for all additional hours. C ) Double ~he hourly ra~e after 7 hours per day. c) Double ~he hourly ra~e after 7 and one half hours per day. D1) Double Ahe hourly ra~e after 8 hours per day. D1) Double ±he hourly ra~e after 9 hours per day. Page 03 Prevailing Rate Schedule ~ New York Depa~'tment of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 E ) Time and one half of the hourly rate on Saturday. El)Time and one half 1st ~ hours on Saturday. Double the hourly rate all additional Saturday hours. E2)Saturday may be used as a make-up day at straight time Hben a day is lost during that week due to inclement ~eather. 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 week due to inclement weather, provided a given employee has worked between 16 and 32 hours that week. E~)Saturday and Sunday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather. F Time and one half of the hourly rate on Saturday and Sunday. Time and one half of the hourly rate on Saturday end Holidays. Time and one half of the hourly rate on Saturday, Sunday~ and Holidays. i Time and one half of the hourly rate on Sunday. J Time and one half of the hourly rate on Sunday and Holidays. Time and one half of the hourly rate on Holidays. Double the hourly rate on Saturday. Double the hourly rate on Saturday and Sunday. Double the hourly rate on Saturday and Holidays. Double the hourly rate on Saturday, Sunday, and Holidays. iDouble the hourly rate on Holidays. Double the hourly rate on Sunday. Double the hourly rate on Sunday and Hoiidays. Two and one half times the hourly rate for Holidays, if ~orked. Sl THo and one half times the hourly ra±e the first B hours on Sunday or Holidays. One and one half times the hourly rate all additional hours. T ) Triple the hourly rate for Holidays, if ~orked. U ) Four times the hourly rate for Holidays, if worked. V ) Including benefits at SAME PREMIUM as shown for overtime. H ) Time and one half for benefits on all overtime hours. NOTE:BENEFITS are PER HOUR HORKED,for each hour ~orked, uniess otherwise noted HOLIDAYS PAID Holidays: Paid Holidays ere days for which an eligible employee receives a regular day's pay, but is not requzred to perform worE. 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 ±he Hork actually performed. OVERTIME Holiday Pay: Overtime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required where the employee actually ~erforms work on such holzdays. The appIicable holidays are listed under HOLIuAYS: OVERTIME. The required ra~e 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) iisted in the HOLIDAY section of each classification contained in the attached schedule. The Holidays as listed beloH are to be paid at, he wage rates at which the employee is normally classified. 1 None. Labor Day. Memorial Day and Labor Day. Memorial Day and July Memorial Day, July ~th, and Labor Day. Ne~ Year s Day~ Thanksgiving Day~ and Christmas Day. Lincoln s Birthday, Hashing~on s Birthday, and Veterans Day. Good Friday. ~ Lincoln's Birthday. Page Oq Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 10 Hashington's Birthday. 11 Columbus Day. 12 Election Day. 13 Presidential Election Day. 1/2 Day on Presidential Election Day. 15 Veterans Day. 16 Day after Thanksgiving Day. 17 July qth. 18 1/2 Day before Christmas Day. 19 1/2 Day before New Years Day. 20 Thanksgiving Day. 21 New Year's Day. 22 Christmas Day. 23 Day before Christmas. Day before New Year's Day. 25 Presidents' Day. 26 Martin Luther King, Jr. Day. Updated 11/01/2002 Asbestos Worker NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs HAGES: (per hour) 7/01/02 Asbestos Worker ......... $36.11 OVERTIME: See ( Ct Or Tx, V ) on OVERTIME PAGE. ~ overtime code T applies to Labor Day only if worked. HOLIDAYS: Paid: Overtime: See ( 1 ) on HOLIDAY PAGE. See ( 5, 6, 9, 11~ 15, 16, 25 ) on HOLIDAY PAGE. For Rem./Abatement: See ( i ) on HOLIDAY PAGE. APPRENTICES:( 1 )year terms at the following percentage of Journeyman's rates. 1st 2nd 3rd ~th qO% 60% 70% 80% SUPPLEMENTAL BENEFITS: (per hour workad) Journeyman .............. $ 20.89 Apprentices ............. Same % as wages of ~ $ 20.89 HAGES [per hour] 7/01/02 12/01/02 Rem./Abatement only~ ...... $ 23.00 Addit. $1.00 per hr. ~On mechanical systems that are not to be scrapped. other removal or abatement refer to Laborer Asbestos Abatement. OVERTIME: Rem./Abatement: Time and One-Half after 8 hours per day and after 5 Hork days per week. Page 05 Prevailing Ra±e Schedule ~ New York S~ Departmen± of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 Journeyman Rem 8 Aba~ement .......... $ 6.20 9-12 Upda±ed il/0i/2002 Boiiermaker DUTCHESS COUNTY: NASSAU COUNTY: NEH YORK CITY: ORANGE COUNTY: PUTNAM COUNTY: ROCKLAND COUNTY: SUFFOLK COUNTY: SULLIVAN COUNTY: ULSTER COUNTY: HESTCHESTER COUNTY= MAGES: (per hour) Entire County Er±ire Coun±y Entire B Boroughs Entire Coun±y Er±ire County Entire Coun±y Er±ire Coun±y Entire Coun±y En±ire County Entire County 7-01-02- 6-30-03 Boilermaker ........... $ 35.69 OVERTIME PAY: See ( B~, D, E. Q ) on OVERTIME PAGE. NOTE:( ~ ONLY ON REPAIR HORK) HOLIDAYS: Paid: Over±ime: See ( 8, 16, 23, 2q ) on HOLIDAY PAGE. See (q' 6, 11, 12, lB, 25 ) on HOLIDAY PAGE. APPRENTICES= ( 1/2 ) year ±erms a± ±he following percen±age of ~ourneyman's let 2nd 5rd 4~h 5th 6~h 7th 8±h 65Z 65Z 70Z 75Z 80Z 85Z 90Z 95Z SUPPLEMENTAL BENEFITS: (per hour worked) ~; ~+.59 + 47 % of wage rate Upda±ed 11/0i/2002 Carpenter - Building and Heavy Highway NASSAU COUNTY: Entire County SUFFOLK COUNTY: En±ire Coun{y HAGES: (per hour) 7-01-02- 6~30-0~ Building Page 06 Prevailing Rate Schedule New York St~ :e Department of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 Carpenter .......... ~ $2.42 Heavy/Highway: Carpenter .......... $ 32.42 OVERTIME PAY: See ( B E Q ) on OVERTIME PAGE. NOTE: ON NEW YORK SfATt DEPARTMENT OF TRANSPORTATION AND OR, ANY GOVERNMENT MANDATED OFF SHIFT HORK THE FOLLOWING RATE(S) SHALL APPLY: Monday thru Friday 4:00pm to 12:00am ...... ~ 36.31 HOLIDAYS: Paid: See Overtime: See APPRENTICES 18,19 ) on HOLIDAY PAGE. 5,6,16,23,24,25 ) on HOLIDAY PAGE. : ~ 1 ) year ~erms a~ ~he following Percentage of Journeyman's Wage: Building Heavy/Highway ls± yr 40% 2nd yr 55% 55% 3rd yr 65% 65% 4th yr 75% 75% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $ 22.29 Appr ls~ 8 2nd terms 10.90 Appr 3rd & 4th ±erms 10.90 4-SUF Updated 11/01/2002 Carpenter - Dockbuilder NASSAU COUNTY= Entire County NEW YORK CITY: En±ire S Boroughs ROCKLAND COUNTY: Entire Coun±y SUFFOLK COUNTY= Entire County HESTCHESTER COUNTY: Eh±ire County WAGES: (per hour) 7/01/02 Piledriver ................ $ 33.48 Dockbuilder ............... 33.48 OVERTIME PAY: See ( B, E2, 0 ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 18, 19 ) Paid: See ( 5, 6, 11, Over±ime: See ( 5, 6, 11, on HOLIDAY PAGE. 13, 16, 18, 19, 25 ) 13, 16, 18, 19, 25 ) for ls~ & 2nd yr. Apprentices on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ~erms a~ ~he following percen±age of Journeyman's Page 07 Prevailing Ra±e Schedule ~ NeH York S~8 Depar±ment of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 Hage. lsd. 2nd. 3rd. 4~h. qO~ 50~ 65% 80% SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ............... $ 23.64 Apprentices 16.39 9 - 1456 DUTCHESS COUNTY: NASSAU COUNTY: NEH YORK CITY: PUTNAM COUNTY: ROCKLAND COUNTY: SUFFOLK COUNTY: HESTCHESTER COUNTY: HAGES: (per hour) Carpe~/Resilient Updated 11/01/2002 Carpenter - Floor Coverer Entire County Entire County Entire B Boroughs Entire County Entire County Entire County Entire County 7/01/02 Floor Coverer ................ $ 35.09 OVERTIME PAY: See ( B, E, 0 ) on OVERTIME PAGE. HOLIDAYS= Paid: See ( 18, 19 ) on HOLIDAY PAGE. Paid: See ( ~ 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices Overtime: See ( ~ 11, 13, t6, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: 1st. 40% 1 ) year terms at the following percentage of Journeyman's 2nd. 3rd. ~th. 50% 65% 80% SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................ $ 23.6~ Apprentices~ 16.39 9 - 2287 Updated 11/01/2002 Carpen±er - Marine Construction/Diver NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs PUTNAM COUNTY: Entire County ROCKLAND COUNTY: Entire County HESTCHESTER COUNTY: Entire County Page08 Prevailing Rate Schedule NeH York Depertmen± of Labor .................................. Case Number .................................. 0207182 SUFF0LK 2002 SUFFOLK COUNTY: Entire County WAGES: (per hour) 7/01/02 Marine Construction: Marine Diver .................. $ ~1.I7 " " Tender ............ $ 50.39 OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 18, 19 ) on HOLIDAY PAGE. Paid: See ( 5, 6, 10, 11, 15, 16, 18, 19 ) for 1st & 2nd yr. Apprentices Overtime: See ( 5, 6, iO, Il, 15, i6, lB, 19 ) on HOLIDAY PAGE. APPRENTICES: (1) year terms at the following percentage of the journeyman's 1st 2nd 3rd qO% 50% 65% 80% SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................. $ 25.6~ Apprentices 16.39 9 - lq56 Updated 11/01/2002 Carpenter - MillHrigh~ NASSAU COUNTY: Entire County NEW YORK CITY: Entire County PUTNAM COUNTY: Entire County ROCKLAND COUNTY: Entire County SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County 7/01/02 WAGES: (per hour) Building: MillHright .................... $ 35.21 OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: "~ Paid: See ( 18, 19 ) on HOLIDAY PAGE. Paid: See ( 5, 6, 11, 15, 16, 18, 19, 25 ) Overtime: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st ~ 2nd yr. Apprentices on HOLIDAY PAGE. APPRENTICES: 1st. 55Z ( 1 ) year terms at the following percentage of Journeyman's 2nd. 3rd. ~th. 65% 75% 95% Page 09 Prevailing Ra±e Schedule ~ New York S' Depar± men± of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................. $ 25.96 Appr 1st ±erm ............. 17.22 Appr 2nd ~erm ............. 18.85 Appr 5rd term ............. 21.18 Appr q±h ±erm ............. 23.70 9-7~0.1 Upda±ed 11/01/2002 Carpen±er - Timberman NASSAU COUNTY: En±ire Coun±y NEH YORK CITY: En±ire 5 Boroughs SUFFOLK COUNTY: Eh±ire Coun±y HESTCHESTER COUNTY: En±ire Coun±y HAGES: (per hour) 7/01701 Timberman .................. $ 30.59 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 is± & 2nd yr. Appren±ices Over±ime: See ( 5, 6, ii, i3, i6, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ±erms a± ~he following percen±age of Journeyman's Is±. 2nd. 5rd. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................ $ 23.6q Appren±icea ................ 16.39 9 - 1536 Upda±ed 11/01/2002 Core Driller ORANGE COUNTY: $ou~h ~f bu± including ±he following, Ha±erloo Mills, Sla±e Hill, NeH Hamp±on, Goshen, Blooming Grove, Moun±ainvllle, eas~ ±o ±he Hudson River. PUTNAM COUNTY: $ou±h of bu~ including ±he following, Cold Spring, Tompkins Corner, Mahogac, Cro±on Falls, eas± ±o Connec±icu± border. SUFFOLK COUNTY: Hes± of Pot± Jefferson and Pa±chogue Road ±o Rou±e ll2 ±o ±he A±lan±ic Ocean. NASSAU COUNTY: En±ire Coun±y NEM YORK CITY: Eh±ire B Boroughs ROCKLAND COUNTY: En±ire Coun±y HESTCHESTER COUNTY: En±ire Coun±y e Page ,10 New York S±a Prevailing Rate Schedule Department o~ Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 WAGES: (per hour) 10/16/01 Core Drilling: Driller .................. $ 24.73 Helper ................... 20.47 Note: Hazardous Has~e Pay Di~erential: For Level C, an additional $ 0.25 per hour For LevelB' an additionai .7B per hour For Level A, an additional 1.O0 per hour Note: When required to Hark on water: an additional $ 0.25 per hour. OVERTIME PAY: See ( B, E, K~ P, R~ ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6 ) on HOLIDAY PAGE. Overtime: ~ See (5~ 6 ) on HOLIDAY PAGE. ~ See ( 8, 10, 11, 13 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 9.59 9-1536 Updeted 11/01/2002 Electrician NASSAU COUNTY: Entire County SUFFOLK COUNTY: Eh±ire County WAGES: (per hour) 7-01-02- 5-03-03- 5-02-03 5-04-04 Electrician ............ $ 39.00 $ 41.00 Fire Alarm ............. 39.00 41.00 Audio/Sound ............ 39.00 41.00 OVERTIME PAY: See ( B,E,Q,V~ ) on Overtime Page. HOLIDAYS: Paid: See ( I ) on HOLIDAY PAGE. Overtime: See ( 5,6,12,16,25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the fo110Hing percentage o~ dourneyman~s Hage. 1st 2nd 3rd 4th 5th 6th 35% 40% 45% 50%_ 60% 70% SUPPLEMENTAL BENEFITS: (percents based on hourly wages/others per hour) Journeyman 43.5% App 1st yr 12.0% + 12.0% + $ 2,70.~ $ 2,90~ App 2nd yr 21.5% + 21.5% + $ 3.59~ $ 3.79~ a~e pg± Page 11 New York SG Prevailing RaGe Schedule De menG of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 App 3rd yr 43.5% + 43.B% + App 4ih yr 43.52 + 43.5Z + App 5Gh yr 43.52 + 43.52 + App 6Gh yr 43.52 + 43.5% + PUMP 8 TANK HORK 7-01-02- 5-03-03 OVERTIME; See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: ( 1 ) OverGime: ( 5, 6, 9, 16, 25 ) on HOLIDAYS PAGE. APPRENTICES: One ( i ) year Germs aG Ghe following percenG of journeymants rage. lsG 2nd Srd 4Gh 5G 40% 50% 60% 70% 85% SUPPLEMENTAL BENEFITS: per hour worked, 50 1/2% of hourly rage 4-25 UpdaGed 11/01/2002 ElecGrician - Lineman NASSAU COUNTY: EnGire CounGy SUFFOLK COUNTY: EnGire CounGy For UGiliiy DisGribution & Transmission Line ConsGrucGion. HAGES: (per hour) 7-01-02- 4-06-03- 4-05-03- 4-03-04 Lineman / Splicer ............... $ Si.10 $ 34.15 MaGerial Man .................... 28.80 29.71 Heavy Equip. OperaGor ............ 26.48 27.32 Groundman ............. ~ ......... 19.86 20.49 Flagman ......................... 14.90 15.37 OVERTIME PAY: See ( B,Q ) on OVERTIME PAGE. HOLIDAYS: Paid: OverGime: See ( 5,6,8,16,23,25,26 ) on Holiday page. See ( 1 ) on OverGime Page. APPRENTICES: 1000 hour Periods at Ghe following PercenGage of Journeyman's ~e~ Prevailing Ra±e Schedule Page NeH York S±a Depar±men~ of Labor .................................. Case Number .................................. 0Z07182 SUFFOLK 2002 Wage. ls±. 2nd. Std. 4~h. 5~h. 6±h. 7~h. 60% 65% 70% 75% 80% 85% 90% SUPPLEMENTAL BENEFITS: (percents based on gross wages-o~hers per hour) 22.50Z + 22.50Z + $ 4.43 $ 5.24 Underground Natural Gasiine Mechanic (2" or less): Journeyman U.G.Mechanic ....... OVERTIME: See B, E, E2, P ) HOLIDAYS:: Paid: See 5, 6, 8. 9, 10, 11, 16 ) Overtime: See 1 ) on Overtime Page. 7-01-02- 6-50-05 27.52 on Holiday Page. Supplemen±al Benefi±s: ( per hour worked ) 25.0% + $ 4.00 4-1049 line Upda±ed 11/01/2002 Electrician - Main±en~nce NASSAU COUNTY: Entire Coun±y SUFFOLK COUNTY: En±ire County "PLEASE NOTE" Applicable ±o electrical main~enence of exis±ing electrical sys±ems including, bu~ no~ limi±ed ~o ~raffic signals ~ s±ree± ligh±ing. WAGES: (per hour) 7-01-02- 4-26-05- 4-25-05 4-30-04 Elec±rician ........ $ 50.76 $ 52.30 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: ( 1 ) year ±erms a~ ±he following Hage. ls% 2nd 5rd 4~h 5±h 40% 50% 60% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) a~e 0 Page 13 Prevailing Rate Schedule Ne~ York St Department of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 of Hage + 29% of Hage + 295 2.09 $ 2.21 q-25m Updeted 11/01/2002 Electrician - Teledate NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County "PLEASE NOTE" This rate does not apply to construction of a new building or e major renovetion of en existing ane. In those cases the regular Electrician rate applies. Pleese caii Hempstaad Dis~ric~ Office a± (516)228-$915 or Fax et (516)794-3518 to ensure proper rate. HAGES: (per hour) 7-01-02- 6-$0-0S (Telephone and Integrated Tele-Da~a Systems) Journeyman ........... $ Z8.69 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See (1) on HOLIDAY PAGE. Overtime: See (5,6,11,12,16,2S)) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) Journeymen 47.5% + $ 0.83 4-25 Updated ll/O1/200Z Electrician ~ Tree Trimmer NASSAU COUNTY= Entire County SUFFOLK COUNTY: Entire County NAGES: (per hour) ~ 7-01-02- 6-30-03 (TREE TRIMMER) Line Clearance Specialist .......... $ 20.44 OVERTIME: See ( B, E, P, T ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 8, 9, lO, 11, 16, ) on HOLIDAY PAGE. Page Prevailing Ra±e Schedule ~ New York Department of Labor .................................. Case Number .................................. 02071B2 SUFFOLK 2002 Overtime: See ( 1 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) Updated 11/01/2002 12.5% + ~-lOq9 Elevator - Constructor ROCKLAND COUNTY: Entire County except for the Township of Stony Point HESTCHESTER COUNTY: Entire County except for the Townships of Bedford, Lewisboro, Cortland, Mt. Kisco, North Salem, Pound Ridge, Somers and YorktoHn. NASSAU COUNTY: Entire County NEH YORK COUNTY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HAGES: (per hour) 7/01/02 Elevator Constructor .............. $ $9.50 "Modern. & service ............ $ 31.96 Apprentice: (6) month terms at the following percentage of Journeyman's wage. 1st 2nd 3rd qth 5th 6th 7th 8th 9~h lOth 50% 60~ 65% 70% 75% 75% 75% 75% 75% 75% OVERTIME PAY: CONSTR.' See (s~C'eO ) on OVERTIME PAGE. OVERTIME PAY: MODERN./SERV. ( B, H ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 11, Overtime: See ( ~ ~ ;~ 11~ 16 ) on HOLIDAY PAGE. 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) Construction ................... $ 16.735 Appr. 1st year ................ 11.305 Appr. 2nd year ................ 12.q35 Appr. 3rd year ................ 13.395 Appr. qth year ................ 14.3q5 Appr. S±h year ....... T ........ 15.305 Modern./Service ................ 15.7~B Appr. 1st year ................ 10.785 Appr. 2nd year ................ 11.q65 Appr. 3rd year ................ 12.305 Appr. 6th year ................ 13.605 Appr. 5~h year ................ 16.~65 Updated 11/01/2002 9-1 Page i5 PrevaiIing Ra±e ScheduIe ~ New York S±a~e Depar±men~ of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 Glazier DUTCHESS COUNTY: NASSAU COUNTY: NEM YORK CITY: ORANGE COUNTY: PUTNAM COUNTY: ROCKLAND COUNTY: SUFFOLK COUNTY: SULLIVAN COUNTY: ULSTER COUNTY: En±ire coun±¥ EnGire counGy EnGire 5 boroughs Entire c0unGy Eh±ire county EnGire counG~ EnGire counGy Entire counGy EnGire county NESTCHESTER COUNTY: EnGire county NAGES: (per hour) 5/01/02 Glazier .................. $ $2.20 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE. HOLIOAYS: Paid: OverGime: See ( I ) on HOLIDAY PAGE. See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year Germs a~ Ghe following percenGage of Journeyman's wage. leg 2nd Srd 4Gh 40Z 50Z 60Z ' 80Z SUPPLEMENTAL BENEFITS: (per hour worked) Journeymen ............. $ 20.12 Appr leg Germ .......... 6.45 Appr 2nd Germ .......... 12.49 Appr Srd ±erm .......... 14.01 Appr 4Gh Germ .......... 17.47 9-1087 (DC9 NYC) UpdaGed 11/01/2002 Ironuorker - Derrickman/Rigger NASSAU COUNTY: EnG~re CounGy NEH YORK CITY: EnGire 5 Boroughs SUFFOLK COUNTY: EnGire CounGy HESTCHESTER COUNTY: Entire CounGy HAGES: (per hour) 7/01/02 Derrickman/Rigger .......... ~ $4.46 OVERTIME PAY: See ( C, Or V ) on OVERTIME PAGE. Page 16 PrevaiIing Ra~a Schedula New York S±~ Oepar~men± of Labor .................................. Case Number .................................. 02071B2 SUFFOLK 2002 HOLIDAYS: Paid: Over±ime: See ( 1 ) on HOLIDAY PAGE. See ( 5, 6, B, 10 ) on HOLIDAY PAGE. APPRENTICES: wage. ls~ BO% ( 1/2 ) year ~er~s a± ~he following percen±age of journeyman's 2nd Srd 4th 5th 6th 60% 70% 80% 90% 90% SUPPLEMENTAL BENEFITS: (per hour worked) $ 26.41 9-197 Upda±ed 11/01/2002 Ironworker - Ornamen±aI NASSAU COUNTY: Entire County NEH YORK CITY: En±ire B Boroughs SUFFOLK COUNTY: En±ire County HESTCHESTER COUNTY: Er±ire Coun±y HAGES: (per hour) 7/01/02 Ornamental ................. $ 40.15 Chain Link Pence ........... qO.15 Guide Rail Ins±aila±ion .... 40.1S OVERTIME PAY: See ( A, D1, Ex, Q, V ) on OVERTIME PAGE. ~pouble time al±er 7 hours on Sa±urday. HOLIDAYS: Paid: See 0ver~ime: See 1 ) on HOLIDAY PAGE. 5, 6, 8 ) on HOLIDAY PAGE. APPRENTICE (1/2 ls± 2nd, 60% 65% year ±arms a~ ±he following percentage of Journeyman's Std. 4±h. 5th. 6~h. 70% 80% 85% 95% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............ ~.$ 19,40 Aopr 1st ±erm ........... 16.94 Appr 2nd ~erm ........... 17.24 Appr Srd ~erm ........... 17.55 Appr 4~h ±arm ........... lB.17 Appr B±h ~erm ........... lB.48 Appr 6~h ~arm ........... 19.09 9-580 Updated 11/01/2002 Ironworker - Reinforcing a~e Prevailing Rate Schedule pgt Page 17 NeH York St De ment of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 ROCKLAND COUNTY: Sou±hem Section NASSAU COUNTY: Entire Coun±y NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) 7/01/01 Rein~orcin~ & Metal Lathzng ............. $ 35.05 OVERTIME PAY: See ( A, E, P, V ) on OVERTIME PAGE. HOLIDAYS: Paid: Over±ime: See ( 1 ) on HOLIDAY PAGE. See ( 5, 6, 8, 10, 11, 13, 18, 19 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following Hage rates. 1st 2nd 3rd qth $20.80 $23.00 $26.45 $29.90 SUPPLEMENTAL BENEFITS: (per hour Honked) Journeyman ............ $ 21.43 Apprentices: 1st ±erm .............. 13.43 2nd term .............. 15.88 3rd term .............. 16.68 qth term .............. 17.68 Uoda*ed 11/01/2002 Ironworker - Struc±ural NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County NESTCHESTER COUNTY: Entire County WAGES: (per hour) 1/01/02 S±ructural ................ $ 43.80 Riggers ................... 43.80 Machinery Movers .......... 43.80 " " Erectors ........ 43.80 OVERTIHE PAY: See ( B, Ex, Q, V ) on OVERTIME PAGE. N for 1st 8 hours, double time ±hereafter. HOLIDAYS: Paid: See ( 18, 19 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8, 18, 19 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms a~ the following wage. 1st. 2nd. 3rd. 4th. 5th. 6~h. Page 18 Prevailing Rate Schedule New York Sta~e Oepar±men~ of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 $ 25.65 2q.25 2q.25 2q.85 Zq.85 24.85 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............... $ 2A.25 Apprentices ............. I9.08 9-~0/561 Updated 11/01/2002 Laborer - Building NASSAU COUNTY: Eh±ire County SUFFOLK COUNTY: Entire County WAGES= (per hour) 7-01-02- 06-30-03 Building Laborer: $ 2~.00 ~(For Aba±emen% Ra±e See Below) OVERTIME PAY: See ( A, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Over±ime: See ( 5,6,7,11,i2 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 16.91 APPRENTICES: Regular Hour Terms ( No± available for Abatemen± Work) TERMS WAGES/HR SUPPLEMENTS/HR 1 hr. ±o 1000 hfs ............ $ lq. O0 $ 6.00 1001 hrs. ~o 2000 hrs. 15.00 7.00 2001 hrs. ±o 5000 hrs. 17.00 7.00 5001 hrs. ±o ~000 hrs. 20.00 7.00 ~ABATEMENT ONLY Abatemen% Work Only: Supplemental Benefits: ( per hour Horked ) Updated 11/01/2002 07-Ol-OZ- 12-01-02- 11-50-02 11-50-05 $ 2~.00 $ 1.00 ad±l. $ q. O0 $ q.O0 4-66 Laborer - Excavation NASSAU COUNTY: Entire County NEW YORK CITY: Entire County SUFFOLK COUNTY: Entire County WAGES: (per hour) 7/01/02 a~e pgt Page 19 New York S± Prevailing Rate Schedule De ment of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 Laborer/Excavation: Basic .......................... $ 28.74 Flagman ........................ 28.7~ Pipelayer ...................... 28.7~ Tree Honk, Landscape ........... 28.7Q OVERTIME PAY: See ( B, E, g ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( Overtime: See ( 2, 20 ) on HOLIDAY PAGE. 5, 6, 11, 13 ) on HOLIDAY PAGE. APPRENTICES: wage. 50Z 1000 hour terms at the following percentage of journeyman's 2nd 3rd qth 60Z 75Z 90X SUPPLEMENTAL BENEFITS: (per hour worked) ~ lq.6q 9-731Ex Updated 11/01/2002 Laborer - Free Air NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 8oroughs SUFFOLK COUNTY: Enti~e County GROUP A: Blasters. GROUP B: Tunnel workers ~ ~ (including Miners, Drii1 Runners, Iron Men, Haintenance Men, Conveyor Hen~ Safety Miners, Riggers, Block Layers, Cement Finishers, Rod Hen, Caulkers, Powder Carriers, M~nerst Helpers, Chuck Tenders, Track Men, Nippers, Brake Men,Derail Hen. Form Men, Bottom Bell~ Top Bell or Signal men. Form Horkers~ Hovers, Concrete Honkers, Shaft Men, Tunnel Laborers and Caulkers' Helpers). GROUP C: Powder Hatchmen, Top Laborers and Cbangehouse Attendants. HAGES: (per hour) 7/OI/99- Leborer (Tunnel)-FREE AIR: Group A ...................... $ 26.05 Group B ...................... $ 2q.90 Group C, ~ $ 2~.005 Small Dore Micro Tunnel Machines For Repairs on Existing Mater Tunnels For Repairs of Sewer & Drainage Tunnels For Repair & Maintenance of ali Subway & Vehicular Tunnels 7/01/00 7/01/01 addit, addit. 2.2q7/hr 2.2~7/hr 2,15/hr 2.15/hr 1,99/hr 1.99/hr 80Z of rates above 90% of rates above 85% of rates above 80% of rates above a~e pa~r~ Page 20 Prevailing Ra~e Scheduie New York St Oe men± of Labor .................................. Case Number .................................. 0207182 SUFFDLK 2002 OVERTIME PAY: For Laborer (Free Air) See ( D, M, R* ) on OVERTIME PAGE. For Repair Categories See (Bi F~ R~ ) on OVERTIME PAGE. 8 Micro Tunneling ~ Straight time firs± 8 hours, double ~ime after 8 hours. HOLIDAYS: Paid: See ( 5, 6, 9, 11, 12, Overtime: See ( 5, 6,9' 11, 12, 15, 25 ) on HOLIDAY PAGE. 15, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS GROUP A 26.18% of s±raight ~ime hourly ra~e + $17.585 per hour paid + .28 per hour worked + GROUP B GROUP C Small Bore Micro Tunnel Machines For Repairs on Existing Ha~er Tunnels For Repairs of Sewer & Drainage Tunnels For Repair & Maintenance of all Subway Vehicular Tunnels 3.00 per day + .16 per hour on Overtime Hours. 26.18% of straigh± *ime hourly ra~e + $16.825 per hour paid + .28 per hour worked + 3.00 per day + .16 per hour on Overtime Hours. 26.18% of straigh~ time hourly ra±e + $15.546per hour paid + .28 per hour worked + 3.00 per day + .16 per hour on Over±ime Hours. 80% of rates above 90% of re±es above 85% of re±es above 80% of Pa±es above 9-147Tnl/Free Updated Laborer - Heavy Highway NASSAU COUNTY: Entire County SUFFOLK COUNTY: En±ire Coun±y Laborer (Heavy/Highway): GROUP # 1: Asphal% Rakers and Formset±ers. GROUP # 2: Asphalt Shovelers, Roller Boys and Tampers. GROUP # 3: Basic Laborer, Power Tool, Trackmen, Landscape, Pipelayer, Jackhammer and Concrete. ~AGES: (per hour) 7-01-02- 6-30-03 Laborer: GROUP # 1 ............. $ 28.I2 GROUP # 2 ............. 27.q0 a~e pa~r Page 21 New York S± Prevailing Rate ScheduIe De ±ment of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 GROUP # ~ ............. 25.25 NOTE: PREMIUM PAY 20% on atraigh± time hours for NEN YORK STATE D.O.T and other GOVERNMENTAL MANDATED off-shift work. APPRENTICES: ( ! ) year ±erms at the following Percen±ages of Journeymans Nage. 1st year .......... 80Z 2nd year .......... 90% See ( B, E2, F ) on OVERTIME PAGE. OVERTIME PAY: HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 1 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ lq.77 (After forty hours paid) $ 9.17 q-1298 Upda±ed 11/01/2002 Laborer - Tunnel Compressed Air NASSAU COUNTY: Entire County NEN YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire Coun±y GROUP 1: Blasters,.Mucking and Machine Operators. GROUP 2: Tunnel NorkersM N (including Miners, Drill Runners,Iron Men, Main±enance Men, Inside Muck Lock Tender, Pumpmen~ Electricians, Cement Finishers, Rod Men, Caulkers, Carpenters, HydrauIlc Men, Shield Drivers~ Monorail Opera±ors, Motor Men, Conveyor Men, Safe±y Miners, Powder Carriers, Pan Men, Riggers, Miner's Heipers, Chuck Tenders, Track Men, Nippers, Brake Men, Form Norkers, Concre±e Norkers, Tunnel Laborers, Caulker's Helpers), Hose Men, Grou± Men, Gravel Men, Derail Men and Cable Men. GROUP 5: Top Nipper GROUP 4: Ou±side Man Lock Tender, Ou±side Muck Lock Tender, Shaft Men,Gauge Tender and Signai Men. GROUP 5: Powder Natchmen, Top Laborers and Changehouse A±tendants. HAGES: (per hour) 7/01/99 Laborer(Compressed Air): GROUP i ..................... $ 27.Z56 GROUP 2 ..................... 26.525 GROUP $ ..................... 25.857 GROUP 4 ..................... 25.57 GROUP 5 ..................... 22.975 7/01/00 7/01/01 addi±, addit. 2.55/hr 2.55/hr 2.27/hr 2.27/hr 2.25/hr 2.25/hr 2.19/hr 2,19/hr 1.99/hr 1.99/hr OVERTIME PAY: See ( D, M, RE ) on OVERTIME PAGE. NOTE: Time and one-half ±o be paid for all over±ime repair-maintenance work on exis±ing I Page New York S±a~e PrevaiIing Ra~e Schedule Depar±men± o~ Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 equipmen± and facili±ies. ~ S~raight ±ime firs± 8 hours, double ±ime al±er 8 hours. HOLIDAYS: Paid: See ( 11, 12, Overtime: See ( ~; ~; ~; 12, 11, lB, 25 ) on HOLIDAY PAGE. 15, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS : GROUP 1 26.18% of hourly rate + ~ 18.ql per hour paid + .28 per hour worked + 5.00 per day+ .16 per Overtime Hour GROUP 2 26.i8% of hourly rate + ~17.78 per hour paid + .28 per hour worked + 5.00 per day+ .16 per Overtime Hour GROUP 5 26.18% of hourly rate + $17.q55 per hour paid + .28 per hour worked + 5.00 per day + .16 per overtime hour GOURP q 2G.18% of hourly ra±e + $ 17.1ql per hour paid + .28 per hour worked + 5.00 per day + .16 per overtime hour GROUP 5 26.18% of hourly rate + $iS.583 per hour paid + .28 per hour worked + $.00 per day + .i6 per overtime hour 9-I~7Tnl/Comp Air Updated 11/01/2002 Mason - BuiIding Bricklayer NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County WAGES: (per hour) 7/01/02 Building: -- Bricklayer ................. $ 35.93 OVERTIME PAY: See ( A, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( B, 6, 10 ) on HOLIDAY PAGE, Preveiiing Ra±e Scheduie New York S±a~e Oepar~men~ of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 APPRENTICES: ( 7BO hour ) ~erms a~ ~he folIowing percen±age cf Journeyman's wage. ls~ 2nd Srd q~h BTH (500 Hfs) 6TH (500 Hfs) 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............... $ 16,62 Appr ..................... 9.19 9-1Brk Updated 11/0172002 Mason - Buiiding Mosaic and Terrazzo Horker NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County MAGES: (per hour) 7701702 Building: Mosaic ~ Terrazzo Horker .......... $ 5q,gB " Helper .......... $ 53.67 OVERTIME PAY: See ( A, E, Q, V~ ) on OVERTIME PAGE. ~ $ 5.A5 added to supplements. HOLIDAYS: Paid: Overtime: See ( 1 ) on HOLIDAY PAGE. See ( 5, 5, 8~ ii, 15~ 16, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 16.35 9-7/3 Upde±ed 11/01/2002 Mason - Building Tile Layer NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs PUTNAM COUNTY: Eh±ire County ROCKLAND COUNTY: Entire County SUFFOLK COUNTY: En,f~re County HESTCHESTEE COUNTY: En*~re County HAGES: (per hour) 11/01/99 BuiIding: TiIe Layer ............... ~ ~1.26 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. Page 2~ Prevailing Rate Schedule New York State Depar±ment of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 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 percen±age of journeyman's wage. ls± 2nd Srd q±h 5th 6th 50Z 55% 65Z 75% 85% 95% SUPPLEMENTAL BENEFITS: (per hour worked) $ 1~.82 9-7/52 Upda±ed 11/01/2002 Mason - Cement NASSAU COUNTY: Entire County NEH YORK CITY: Entire B Boroughs SUFFOLK COUNTY: Entire County HAGES: (per hour) 7/01/00 Cement Mason ............ $ 35.00 7/01/01 Addit. $2.25/hr. OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: Sea ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( B, 6, 8, 11, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage o~ Journeyman's wages and ~ringes. 1st 2n~ 5rd qth 5th 6th SOX 60Z 70% 80% 90Z 95% SUPPLEMENTAL BENEFITS: (per hour worked) $ 16.15 9-780 Updated 11/01/2002 ~ Mason - Marble NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 1/01/00 Building: a~e Page 25 Prevailing Ra±e Scheduie New York St Department of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 Marble/ Sawyer, Rubber & Polisher ................... $ 29.98 Marble Restoration Finishers .................... lB.07 OVERTIME PAY: See ( A, E, Q, V ) on OVERTIME PAGE. HOLIDAYS: Paid: Journeymen receive 1/2 days pay for Labor Day. Cleaner, Maintenance and 1ST ~hree terms of Apprentices See ( 5. 6, 11, lB on HOLIDAY PAGE. Ali others See ( 1 on HOLIDAY PAGE. Overtime: See ( 5, 6, 11, 15 on HOLIDAY PAGE. APPRENTICES: ~st 2nd 50% 55% 1/2 ) year terms at the folloHing percentage of Journeyman's 5rd q±h 5th 6th 7th 8th 60% 65% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman .................. $ 12.33 Cleaner/Maintenance ......... 2.40 Appr .......................... 5.80 + ~age percentage of $ 6.09 9-7/2q Updated 11/01/2002 Mason - Marble Cutters and Setters NEW YORK CITY: Entire 5 Boroughs EXCEPT for pro~ects that fail within a fifty-mile radius of Columbus Circle in New YOrK City. WESTCHESTER COUNTY: Entire county WAGES: (pen hour) 1/O1/O0 Buiiding: Marble Cutters & Setters .................... $ 5q.88 OVERTIME PAY: See ( B, O, V ) on OVERTIME PAGE attached. HOLIDAY: Paid: Journeymen receive 1/2 days pay for Labor Day. Apprentices 1St three terms See ( 5, 6, 8, ii, 15 ) on HOLIDAY PAGE, Plus any day ~oilowing a Thursday or Sunday Holiday. ~Ail others See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, B, 11, 15, ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wag~t- 2nd ~rd 4±h 5th 6th 50% 55% 65% 70% 80% 95% t~ Page 26 Prevailing Rate Scheduie New York Sta Department of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ................ $ 15.65 Appr 5.90 + wage percentage of $ 9.75 9-7/~ Updated 11/01/2002 Mason - Marble Rigger NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire Coun±y HESTCHESTER COUNTY: En±ire County NAGES: (per hour) I/Oi/O0 Marble-Riggers~ Crane ~ Derrickman ........ $ 28.72 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAY: Paid: 1/2 Day for Labor Day. Overtime: See ( 5, 6, 8, 11, 15, 25 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 16.82 9-7/20 Updated 11/01/2002 Mason - Paver NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County ~ Shali inciude but not iimited to: fired cla¥ brick pavers, pre-cast con- crete sIabs (Iondon walks), pressed concrete pavers, cobbie stone, all types of flagging, asphalt concrete pavers- asphaltic cement sand and stone aggregate, uni± safety surface. HAGES: (per hour) 8/01/99 Journeyman ........................ $ 2q. I2 Appren±ice ( one year t~rm ) ...... 20.27 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 25 ) on HOLIDAY PAGE. e Page 27 Prevailing Rate Schedule NeH York Sta Department of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ........................ $ I0.76 Appr .............................. 6.08 9-1 Paver Upda±ed 11/01/2002 Mason - Plas±erer NASSAU COUNTY: Entire County NEN YORK CITY: 0n1¥ Brookiyn and Queens Counties SUFFOLK COUNTY: En~zre County HAGES: (per hour) 7/01/02 Building: Plasterer/Traditional .............. $ ~1.66 OVERTIME PAY: See ( C, E2, 0 ) HOLIDAYS: Paid: Over*ime: See ( 1 ) on HOLIDAY PAGE See ( 5, 6, 8, 11, 15, 25 ) APPRENTICES: ( 1 ) year terms a± ~he following wage ra~es. First year: ls~ 6 months 2nd 6 months 40% ~5% Second year: 1st 6 months 2nd 6 months 55% 60% Third year: 1st 6'months 2nd 6 months 70% 75% SUPPLEMENTAL BENEFITS: ( per hour Norked ) Journeyman ....................... $ i5.I6 Appr. 1st term ................... 6.15 Appr. 2nd ~erm ................... 6.9q Appr. 5rd term ................... AppP. ~th term ................... 9.29 Appr. 5th ~erm ................... 10.85 Appr. 6th term ................... 11.6~ 9-550 Upda±ed 11/01/2002 Mason - Pointer/Caulke~Cleaner NASSAU COUNTY: Entire County NEW YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HAGES (per hour) 7/01/02 Pointer, Cleaner,& Caulker (Mason) ........... $ 51.87 OVERTIME PAY: See ( B, H, E2 ) on OVERTIME PAGE. Page 28 Prevailing Ra~e Schedule New York S±a~e Oepar±men~ of Labor .................................. Case Number .................................. 0207182 SUFF0LK 2002 HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Over±ime: See ( 5, 6, 25, 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ~erms a± the foilowing wage rates. ls~ 2nd 3rd q~h $16.20 19.90 24.25 29.60 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............. $ 1~.25 Appr ls~ ~erm .......... 2.50 Appr 2nd term .......... 4.50 Appr 3rd ±erm .......... 6.50 AppP 4th ~erm .......... 6.50 9-1PCC Upda±ed 11/01/2002 Mason - S±one Setters NASSAU COUNTY: En±ire Coun±y NEW YORK CITY: Entire Coun±y SUFFOLK COUNTY: En±ire Coun±y WAGES: (per hour) 7/01/00 7/01/01 SAone Setier ............. $ 41.19 addit. $2.24/hr. Stone Tender ............. 28.75 addi~. $1.45/hr. OVERTIME PAY: See ( A, OX ) on OVERTIME PAGE. ~ firs~ 7 hours on Sa±. a~ ±ime and a half. ~ firs* 2 hours on weekdays a± ±ime and a hail. HOLIDAYS: Paid: See ( 18 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE. APPRENTICES: wageis~, 2nd. Std. 4~h. S±h, 50% 60% 70% 80% 90% SUPPLEMENTAL BENEFITS: (per hour paid) S~one Se±~er ............ $ 17.3~ S~one Tender ............ 9.07 ls± ~hru 3rd ~erm Appr.. 10.96 Aii o±her Apprs ........ 17.~ ( 750 hour ) terms a± the following percentage of journeyman's 6±h. i00% 9-1S~n Upda±ed 11/01/2002 Mason - Tile Layer Helper and Finisher Page 29 Prevailing Ra±e Scheduie NeH York S~ Department of Labor .................................. Case Number .................................. 02071B2 SUFFOLK 2002 NASSAU COUNTY: NEW YORK CITY: PUTNAM COUNTY: ROCKLAND COUNTY: SUFFOLK COUNTY: WESTCHESTER COUNTY: WAGES: (per hour) Entire County Entire 5 Boroughs Entire County Entire County Entire County Entire County 12/01/99 Building: Tile Layer Helper & Finisher .................... $ 2G.2~ OVERTIME PAY: See ( A, E, Q ) ON OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( S, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (Per hour worked) $ 12.q8 9-7/88 Updated 11/01/2002 Metal Polisher ALBANY COUNTY: Entire County ALL£GANY COUNTY: Entire County BROOME COUNTY: Entire County CATTARAUGUS COUNTY: Entire County CAYUGA COUNTY: 'Entire County CHAUTAUQUA COUNTY: Entire County CHEMUNG COUNTY: Entire County CHENANGO COUNTY: Entire County CLINTON COUNTY: Entire County COLUMBIA COUNTY: Entire County CORTLAND COUNTY: Entire County DELAWARE COUNTY: Entire County DUTCHESS COUNTY: Entire County ERIE COUNTY: Entire County ESSEX COUNTY: Entire County FRANKLIN COUNTY: Entire County FULTON COUNTY: Entire County GENESEE COUNTY: Entire County GREENE COUNTY: Entire County HAMILTON COUNTY: Entire County HERKIMER COUNTY: Entire County JEFFERSON COUNTY: Entire County LEMIS COUNTY: Entre County LIVINGSTON COUNTY: Entire County MADISON COUNTY: Entire County MONROE COUNTY: Entire County MONTGOMERY COUNTY: Entire County NASSAU COUNTY: Entire County NEH YORK CITY: Entire B Boroughs NIAGARA COUNTY: Entire County ONEIDA COUNTY: Entire County ONONDAGA COUNTY: Entire County ONTARIO COUNTY: Entire County ORANGE COUNTY: Entire County ORLEANS COUNTY: Entire County OSMEGO COUNTY: Entire County OTSEGO COUNTY: Entire County PUTNAM COUNTY: Entire County RENSSELAER COUNTY: Entire County ROCKLAND COUNTY: Entire County SARATOGA COUNTY: Entire County SCHENECTADY COUNTY: Entire County SCHOHARIE COUNTY: Entire County SCHUYLER COUNTY: Entire County SENECA COUNTY: Entire County STEUBEN COUNTY: Entire County ST. LAWRENCE COUNTY: Entire County SUFFOLK COUNTY: Entire County SULLIVAN COUNTY: Entire County TIOGA COUNTY: Entire County TOMPKINS COUNTY: Entire County ULSTER COUNTY: Entire County HARREN COUNTY: Entire County HASHINGTON COUNTY: Entire County HAYNE COUNTY: Entire County HESTCHESTER COUNTY: Entire County HYOHING COUNTY: Entire County YATES COUNTY: Entire County WAGES: (per hour) Paga 50 Pravailing Ra~e Scheduie Naw York S±a e Depar±men~ of Labor .................................. Casa Number .................................. 0207182 SUFFOLK 2002 6/01/02 6/01/05 6/01/06 Me~al Polisher ........ $ 20.62 21.15 21.98 All workers shalI be paid a premium in an amoun~ equal ~o ~wen~y ( 20% ) per cen~ of *heir basic s~raigh~'±ime ra~e of pay for all ±ime worked on hanging scaffolds and on s~anding scaffolds while working more ~han 28 fee~ off ±he ground, such premium Ac be paid on ~op of ~heir s~raigh± ~ime or overtime, whichever is applicable. OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAY: Paid: See (5,6,9,11,15,16,25) on HOLIDAY PAGE. Overtime: See (5,6,9,11,15,16,25) on HOLIDAY PAGE APPRENTICES: 55% of Basic Polisher Ra~e (~) SUPPLEMENTAL BENEFITS: (% of To±al Hages) Journeymen & Appren±ice 55% of Hages 9 - 8A/28A Updated 11/01/2002 OperaAing Engineer - Building NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire Coun±y BUILDING CATEGORIES: CLASS '~ AA "CRANES: Crane; Truck Crane, Derrick, Draglinez Dredge, CrawLer Crane, Tower Crane & PiLe Drzver. CLASS "A": Asphal~ Spreader. Backhoe Crawier, Boiier, Boring Machine, Cherry Picker (over 50 ±ons), Concrete Pump~ Gradall, Grader, Hoist, Loading Machine (lO yds. or more). MLlling Machine, Power Ninch- S~one Se~±ing/S~ruc~ural S~eel & Truck Moun~ed. Powerhouse. Road Paver, Scoop-Carryall-Scraper in Tandem, Shovel, Sideboom Tractor, S~one Spreader (self-propelled), Tank Work, To.er Crane Engineer. CLASS "8": Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Cherry Picker (under EO Tons), Conveyor-Mul~z. Dinkey Locomotive, Fork Lif~. Hois~ (2 Drum), Loading Machine & Fron~ Loader~ Mulch Machine (Machine Fed), Power Winches (No~ Inciuded Ln Class "A"), /~phal~ Roller, Hydraulic Pump wi~h Boring Machine, Scoop. Carryall, Scaper, Maintenance Man on Tower Crane, Trenching Machine, Vermeer Cu~er, Hork Boa~. CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. & Nell Point). Field Mechanic, MilIing Machzne (Small), Pulvi Mixer, Pumps (ali), Roller (dir~), Ridge Cu~±er, Vac-All, Sho~blas~er, S*riping Machine, In±erior Hois~z Concre±e Finish Machine, Concrete Spreader, Conveyer, Curzng Machine, Hois~ (one drum). CLASS "D': Concrete Breaker, Concrete Saw/CuP,er, Fork Life or Halk Behind (power opera±ed), Generator, Hydra Hammer, Compactors (mechanical or hand opera±ed), Pin Puller, Portable Hea±ers, a~ pa~rt Page 31 Prevailing Rate Schedule NeH York St De ment of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 Power Booms, Power Buggies, Pump (double action diaphragm). CLASS "E": Batching Plant, Genera±or, Grinder, Mixer, Mulching Machine, Oiler, Pump (gypsum), Pump (single ac±ion diaphragm), Stump Chipper, Track Tamper, Tractor (caterpillar or wheel), Vibrator, Deckhand on Norkboak. HAGES: (per hour) 7-01-02- 6-S0-03 Class "AA" ............... $ 37.Sq Cranes: Boom length ove~ 100 feet ad~ $ 0.50 per ho~r " 150 " $ 0.75 " " " " 250 " " $ 1.00 " " " " " 350 " " $ 1.50 " " Class "A" ............... $ 35.18~ MAdd $3.50 for Hazardous Haste Hork Class "B" ................ $ 33.29~ ~Add $2.50 for Hazardous Nas±e Nork Class "C" ................ $ 32.0q~ ~Add $1.50 for Hazardous Has~e Hork Class "D" ................ $ 29.50 Class "E" ................ 28.23 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5,6,8,11,15,16~25 ) on HOLIDAY PAGE. "NOTE": Employee mbst be employed day before and day al±er a holiday to receive holiday pay. Over±ime See ( 5~,8,11,15,16,Z5 ) on OVERTIME PAGE. APPRENTICE ( i ) year terms at ±he folloHing rates; Ist yr ................... $ 18.q7 2nd yr ................... 19.21 3rd yr ................... 1~.7~ SUPPLEMENTAL BENEFITS: (per hour worked) ALL CLASSES .............. $ 23.5q No±e: OVERTIME AMOUNT ..... 22.60 APPRENTICES .............. $ 13.89 No±e: OVERTIME AMOUNT ..... 5.60 Updated 11/01/2002 ~+-138 Opera±lng Engineer - Heavy Highway NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County HEAVY/HIGHHAY CATEGORIES: CLASS "AA' CRANES: Crane, Truck Crane, Derrick, Dragiine~ Dredge, ~e~ Page 52 PrevaiIing Ra±e ScheduIe New York S±a Depar±men± of Labor .................................. Case Humber .................................. 0207182 SUFFOLK 2002 Crawler Crane, Tower Crane, Pile Driver. CLASS "A": Asphal± Spreader. Backhoe CrawIer, Boiler Cherrypicker (over 50 ~ons), Concrete Pump, Grader. Gradall, Hois~ Loading Machine lO yds. or more). MiiIing Machine, Power Hinch-S~one Se~ing/S~ruc~ural S~eei or Truck Moun~ed, Powerhouse, Road Paver, Scoop-Carryall-Scaper in Tandem, Shovel, Sideboom Trac±or, S±one Spreader (self propelled), Tank Hork, Track Alignmen~ Machine. CLASS "8": Backhoe, Boom Truck, Bulldozer, Borin~ Machine/Auger, Cherry Picker (under 50 ~ons), Conveyor-Mul~z, Dinky Locomotive, Fork Lif~, Hole± (2 drum), Loading Machine 8 Fron~ Loader. Mulch Machine (machine fed). Power Hinches (all o~hers no~ included in CLASS Al, Asphal~ Roller, Hydraulic Pump wi~h Boring Machine, Scoop, Carryall, Scaper, Main±enance Man on Tower Crane, Trenching Machzne, Vermeer Cu,±er, Hork Boa~. CLASS "C": Curb Machine~ Maintenance Engineer (Small Equip. & Hell Point), Field Mechanzc, Milling Machzne (Small), Pulvi-Mixer, Pumps, Roller (Dir~), Vac-All, Helding/Burning. Compressor (S~ruc~ural S±eel & 2 or more Ba~±eries), Concrete Finish Machine, Concrete Spreader, Conveyor, Curing Machine~ Fireman. Hoie~ (One Drum), Ridge Cu~er, S~riping Machine, Helding Machine (S±ruc~ural S±eel ~ Pile Hork). CLASS 'D": Compressor (Pile,Crane,S~one Se~ing), Concrete Saw Cu~±er/ Breaker, Nork Lif~ (Halk Behind. Power Opera,ed), Genera±or (Pile Hork),Hydra Hammer, Hand Opera±ed Compactor, Pin Puller, Portable Hea~er, Powered Broom/Buggy/Grinder, Pump (Single Action-1 ~o 3 Inches/Gypsum/Double Ac±ion Diaphragm), Hand Trenching Machine, Helding Machine. CLASS "E": Ba~ching Plan~, Genera±or, Grinder, Mixer, Mulching Machine, Oiler, Pump (Cen±ri~ugal up ~o 3 In.). Roo~ Cu±±er, S±ump Chipper, OiIer on Tower Crane, Track Tamper, Trac±or, Vibrator, Deckhand oh ~ork Boa±. HAGES (per hour) 7-01-02- 6-30-03 Class "AA" ............... $ 38.35 Cranes: Boom Len~±h over 100 ~e~ a~d $ 0.50 p~r h~ur " 150 $ 0.75 ,, ,, I, 250 " " $ 1.00 " " " " " 350 " " $ 1.50 " Class "A" ................ $ 36.19~ ~Add $3.50 for Hazardous Has±e Hork. Class "B" ................ $ 33.67~ ~Add $2.50 for Hazardous Has±e Hork. Class "C" ............... ~ $ $2.~0~ ~Add $1.50 for Hazardous Has~e Hork Class "O" ................ $ 29.88 Class "E" ................ 28.61 "NOTE": PREMIUM PAY 20% on s~raigh~ ~ime hours for NEH YORK STATE- D.O.T. and o~her GOVERNMENTAL MANDATED off-shi~± work. OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. pa~r~ Page 33 Prevailing Ra±e Schedule New York S±e De men~ of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 HOLIDAYS: Paid: See ( 5, 6, 7, 8, 11 ) on HOLIDAY PAGE. NOTE": EmpIoyee mus~ be employed day before end day al±er a holiday ±o receive holzday pay. Over±ime: See ( 8, 6, 7, 8, 11 ) on OVERTIME PAGE. APPRENTICE ( 1 ) year ±erms e± ~he following ra~es; ls~ yr .................. $ 18.q7 2nd yr .................. 19~21 3rd yr .................. 19.79 SUPPLEMENTAL BENEFITS: (per hour worked) ALL CLASSES ............. $ 23.5q No~e: OVERTIME AMOUNT... 22~60 APPRENTICES ............. $ 13.89 No±e: OVERTIME AMOUNT... 5.60 q-138 Upda±ed 11/01/2002 Opera~ing Engineer - Marine Cons±ruction ONEIDA COUNTY: Entire Coun±y ONONDAGA COUNTY: Entire Coun±¥ ONTARIO COUNTY: Entire County ORANGE COUNTY: Entire Coun±y ORLEANS COUNTY: Entire Coun±y OSWEGO COUNTY: Entire Coun±y OTSEGO COUNTY: Entire Coun±y PUTNAM COUNTY: Entire Coun±y RENSSELAER COUNTY: Entire Coun±y ROCKLAND COUNTY: Entire Coun±y SARATOGA COUNTY: Entire County SCHENECTADY COUNTY: Entire Coun±y SCHOHARIE COUNTY: Entire County SCHUYLER COUNTY: Entire County SENECA COUNTY: Entire County STEUBEN COUNTY: Entire County ST. LAWRENCE COUNTY: Entire Coun±y SUFFOLK COUNTY: Entire County SULLIVAN COUNTY: Entire County TIOGA COUNTY: Entire County TOMPKINS COUNTY: Entire County ULSTER COUNTY: Entire County WARREN COUNTY: Entire Coun±y WASHINGTON COUNTY: En±ire CounAy WAYNE COUNTY: Entire County WESTCHESTER COUNTY: Entire Coun±y WYOMING COUNTY: Entire CounAy YATES COUNTY: Entire County ALBANY COUNTY: En±ire Coun±¥ ALLEGANY COUNTY: Entire County BROOME COUNTY: Entire Count CATTARAUGUS COUNTY: En±ire Coun~ CAYUGA COUNTY: Entire Coun~ CHAUTAUQUA COUNTY: Entire Coun~ CHEMUNG COUNTY: Entire Coun~ CHENANGO COUNTY: Entire Coun~ CLINTON COUNTY: Entire Coun~ COLUMBIA COUNTY: Entire Coun~ CORTLAND COUNTY: Entire Coun~ DELAWARE COUNTY: Entire Coun~ DUTCHESS COUNTY: En±ire Coun~ ERIE COUNTY: Entire Coun~ ESSEX COUNTY: Entire Coun~ FRANKLIN COUNTY: Entire Coun~ FULTON COUNTY: Entire Coun~ GENESEE COUNTY: Entire Coun~ GREENE COUNTY: Entire Coun~ HAMILTON COUNTY: En±ire Coun~ HERKIMER COUNTY: Entire Coun~ JEFFERSON COUNTY: Entire Coun~ LEWIS COUNTY: Entire Coun~ LIVINGSTON COUNTY: En~ire Coun~ MADISON COUNTY: Entire Coun~ MONROE COUNTY: En±ire Coun~ MONTOMERY COUNTY: Entire Coun± NASSAU COUNTY: Entire Coun~ NEW YORK CITY: ~n~ire Coun*¥ NIAGARA COUNTY: Entire County HAGES: (per hour) 7-OI-02- DIPPER 8 CLAMSHELL DREDGES 9-30-02 CLASS A: Opera,or ........................ $ 27.q5 CLASS B: Opera,or II ..................... $ 22.~3 10-01-02- 9-50-05 $ 28.07 $ 23.0q Page 34 Prevailing Rate Schedule New York Sta Department of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 Engineer ........................ 2q.17 Boat Master ..................... 22.75 CLASS C: Maintenance Erg ................. $ 23.07 Mate ............................ 21.51 Drag Barge Operator ...... ...... 21.51 Welder .......................... 22.71 Boat Capt ....................... 21.66 Chief of Party .................. 21.51 CLASS D: Oiler ........................... $ 18.18 ScoHman ......................... 17.49 Rodman .......................... 17.49 Tug Deckhand .................... 17.73 Oeckhand ........................ 17.75 2q.72 23.2q 25.59 21.99 21.99 25.22 22.15 21.99 18.59 17.88 17.88 18.15 18.15 7-01-02- HYDRAULIC DREDGES 9-30-02 CLASS A: Leverman ........................ $ 26.95 CLASS B: Leverman II .................... $ 22.53 Engineer ........................ 25.64 Derrick Operator ................ 23.64 Chief Mate ...................... 2~.29 Chief Welder .................... 23.94 Electrician ..................... 22.92 Fill Placer ..................... 23.29 Ass±.Fill Placer ................ 21.$2 Boat master ..................... 22.72 CLASS C: Maintenance Eng...' .............. $ 25.07 Mate ............................ 21.51 Drag Barge Operator ............. 21.51 Welder Dredge ................... 22.70 Spider Barge Operator .......... 22.50 Boa~ Capt ....................... 21.66 Chief of Party .................. 21.51 CLASS D: Oiler ........................... $ 18.18 Shoreman ........................ 17.50 Rodman .......................... 17.50 Deckhand ........................ 17.50 Tug Deckhand .................... 17.75 10-01-02- 9-$0-05 $ 27.56 $ 23.04 2q.17 24.17 23.82 24.48 25.45 25.82 21.80 25.25 $ 23.59 21.99 21.99 23.21 23.01 22.15 21.99 $ 18.59 17.90 17.90 17.90 18.13 OVERTIME: See [ B, F, R ) on OVERTIME PAGE. HOLIDAY: ~ Paid: See ( 5, 6, 8, 15, 26 ) on HOLIDAY PAGE. Overtime: See ( 5, 6,8; 15, 26 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (per hour Horked) "The following SUPPLEMENTAL BENEFITS apply to ALL categories" 7-01-02- 10-01-02- 9-$0-02 9-$0-05 a9 Page 35 Prevailing Ra±e Schedule New York St Depar±men~ of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 All Class A A B ............... $ 6.20 plus 7Z (overtime hours add) ............ $ 1.25 $ 6.q5 plus 7% $ 1.~5 All Class C .................... $ 5.60 plus 7% (overtime hours add) ............ $ 0.95 $ 5.85 plus 7% Of Ha e $ 0.~5 Ail Class D ................... $ 5.00 plus 7% (over±ime hours add) ........... $ 0.~5 $ 5.25 plus 7% of ~a e $ 0.~5 4-25a Upda±ed 11/01/2002 Operating Engineer - Hell Driller NASSAU COUNTY: En±ire Coun±y SUFFOLK COUNTY: Entire County HAGES: (per hour) 7-01-02- 8-01-02- 7-31-02 6-30-03 Hell Driller: ........ $ 24.16 $ 24.88 Hell Driller Helper:. 21.36 22.00 OVERTIME PAY: See ( B, E, G, P ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, ~, 16, 23 ) on HOLIDAY PAGE. Over±ime: See (5' 6' 16, 23 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) Hell Driller: ........ $ 12.57 $ 12.61 Hell Driller Helper:. 12.09 12.23 "PLEASE NOTE" For All Overtime Hours Add $ 2.50/hr Hazardous Has~e Differential Level A ................. Level B ................. Level C .............. ..;. $ ~.00 p~r ~r o~er r~e 2.00 1.00 " " " " q-lS8well Updated 11/01/2002 Operatin9 Engineer -Trenchless Pipeline Rehabilitation ALBANY COUNTY: Entire Coun±y ONEIDA COUNTY: Entire County ALLEGANY COUNTY: Entire County ONONDAGA COUNTY: En*ire County BROOME COUNTY: Eh*ire County ONTARIO COUNTY: En±ire Coun±y Page 56 PrevaiIing Ra±e Schedule NeH York Sta~ Department of Labor .................................. Casa Number .................................. 0207182 SUFFOLK 2002 CATTARAUGUS COUNTY: Entire County CAYUGA COUNTY: Entire County CHAUTAUQUA COUNTY: Entire County CHEMUNG COUNTY: Entire Coun±y CHENANGO COUNTY: Entire County CLINTON COUNTY: Entire Coun±y COLUMBIA COUNTY: Entire'County CORTLAND COUNTY: Entire County DELAWARE COUNTY: Entire County DUTCHESS COUNTY: Entire County ERIE COUNTY: Entire County ESSEX COUNTY: Entire County FRANKLIN COUNTY: Entire County FULTON COUNTY: Entire County GENESEE COUNTY: Entire County GREENE COUNTY: Entire County HAMILTON COUNTY: Entire County HERKIMER COUNTY: Entire County JEFFERSON COUNTY: Entire County LEWIS COUNTY: Entire County LIVINGSTON COUNTY: Entire County MADISON COUNTY: Entire County MONROE COUNTY: Entire County MONTOMERY COUNTY: Entire County NASSAU COUNTY: Entire County NEW YORK CITY: Entire County NIAGARA COUNTY: Entire County ORANGE COUNTY: Entire County ORLEANS COUNTY: Entire County OSHEGO COUNTY: Entire County OTSEGO COUNTY: Entire County PUTNAM COUNTY: Entire County RENSSELAER COUNTY: Entire County ROCKLAND COUNTY: Entire County SARATOGA COUNTY: Entire County SCHENECTADY COUNTY: Entire County SCHOHARIE COUNTY: Entire County SCHUYLER COUNTY: Entire County SENECA COUNTY: Entire County STEUBEN COUNTY: Entire County ST. LAWRENCE COUNTY: Entire County SUFFOLK COUNTY: Entire County SULLIVAN COUNTY: Entire County TIOGA COUNTY: Entire County TOMPKINS COUNTY: Entire County ULSTER COUNTY: Entire County WARREN COUNTY: Entire County WASHINGTON COUNTY: Entire County WAYNE COUNTY: Entire County HESTCHESTER COUNTY: Entire County WYOMING COUNTY: Entire County YATES COUNTY: Entire County On Contracts for Inspection Only: These rates Do Not APPLY OPERATING ENGINEER - Trenchless Pipeline Rehabilitation 7-01-02- 6-30-03 Lead Tec TV Crew...i ............. $51.7q Wet Out Tec ...................... $31.7q Technician ....................... Boiler Operator .................. $51.10 Yard rate ........................ $26.70 Yard Mechanic .................... $51.10 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 ( D, 0'-) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 7, 8, 11 ) on HOLIDAY PAGE.~ ~ must work day before ~ day after or receive 2 hrs per intermittent day Overtime: See ( 5, 6, 7, 8, ll ) on OVERTIME PAGE.~ APPRENTICE ( 1 ) year terms at the following rates~ 1st yr .................... $ Page 37 Prevailing Rate Schedule NeH York Sta:e Department of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 2nd yr .................... 19.21 3rd yr .................... 19.79 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............... $ 23.54 Note Note: OVERTIME Journeyman. 22.60 Apprentice ............... 13.89 Note No±e: OVERTIME Apprentice 5.60 q-138 Updated 11/01/2002 Painter-Bridge/Structural Steel NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County NAGES: (per hour) 7-01-02- 10-01-02- 9-30-02 6-30-03 Bridge .................... ~ 37.00 ~ 38.75 Structural S~eel ........... 37.00 38.75 Power Tool/ink Compressor.. q].O0 fi3.75 OVERTIME PAY: See ( A,O,) on OVERTIME PAGE. HOLIDAY: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5,6 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following ra~es. 1st 2nd 3rd Bridge ....... 40% 60% 80% S±eel.. 40% 60% 80% Tool ......... 40% 60% 80% Appr 1st year ........ Appr 2nd year ........ SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ........... 4B%+ 48%+ $ 3.50/hr $ 4,00/hr 48%/hr 48%/hr 48%+ 48%+ $ 3.50/hr $ 4.00/hr Appr 3rd year ........ 48%+ 48%+ $ 3.50/hr $ 4.O0/hr 4-DCg/NS Updated 11/01/2002 Painter - Brush/Spray NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs PUTNAH COUNTY: Entire County SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County e~ Prevailing Ra±e Schedule Page Nee York S~at Departmen~ o~ Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 HAGES: (per hour) 5/01/02 Brush ..................... $ $0.25 Spray 8 Scaffold .......... 53.25 Fire Escape ............... 53.25 Decorator ................. 55.25 Paperhanger ............... 35.70 OVERTIME PAY: See ( A, H ) on OVERTIME PAGE HOLIDAYS: Paid: Overtime: See ( 1 ) on HOLIDAY PAGE See ( q, 5, 6, 25 ) on HOLIDAY PAGE APPRENTICES: Indentured after 5/51/95 ( 1 ) year terms at the ~olioHing percentage o~ 5ourneyman's wage. 1st 2nd 5rd ~th $11.50 15.15 18.15 2q.20 SUPPLEMENTAL BENEFITS: ( per hour worked ) Paperhanger .............. $ 17.66 All o±hers. ..$ 15.q2 Apprentices: 1st Year ................ $ 5.65 2nd Year ................ 7.76 5rd Year ................ 10.15 ~h Year ................ 1~.~0 9-NYDC9 Updated 11/01/2002 Painter - Drywall Taper NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County HAGES: (per hour) 5/01/02 Drywall Taper ............. $ 50.25 OVERTIME PAY: See ( A, H ) on OVERTIME PAGE HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE Overtime: See ( ~, 5, 6, 25 ) on HOLIDAY PAGE APPRENTICES: Indentured a~ter 5/51/93 ( percentage o~ ~ourneyman~s wage. 1st 2nd 3rd qth $11.50 15.15 18.15 2q.20 1 ) year terms a~ the ~ollowing a~e Page 59 Prevailing Ra~e Scheduie New York S± Depar±men± of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 SUPPLEMENTAL BENEFITS: ( per hour worked ) Journeyman .............. $ 15.~2 Appren±ices: ls~ Year ................ $ 5.85 2nd Year ................ 7.76 3rd Year ................ 10.13 q±h Year ................ 9-NYDCTg Upda±ed 11/01/2002 Pain±er - Highway S~riping ALBANY COUNTY: Entire County CLINTON COUNTY: Entire County COLUMBIA COUNTY: Entire County DUTCHESS COUNTY: Entire County ESSEX COUNTY: En±ire County FRANKLIN COUNTY: Entire County FULTON COUNTY: EnAire County GREENE COUNTY: En±ire CounAy HAMILTON COUNTY: En*ire County MONTGOMERY COUNTY: Entire Coun*y · NASSAU COUNTY: Entire Coun±y NEW YORK CITY: Entire 5 Boroughs ORANGE COUNTY: Entire County PUTNAM COUNTY: Entire County RENSSELAER COUNTY: Entire County ROCKLAND COUNTY: Entire County SARATOGA COUNTY: Entire County SCHENECTADY COUNTY: Entire County SCHOHARIE COUNTY: Entire County SUFFOLK COUNTY: Entire County SULLIVAN COUNTY: Entire County ULSTER COUNTY: Entire County WARREN COUNTY: Er*ire County WASHINGTON COUNTY: Entire County WESTCHESTER COUNTY: Entire County WAGES: (per hour) Pain,er (S~riping-Highway): 7/01/02 S~riping-Machine Opera~or .............. $ 22.57 " Helper .......................... 17.99 Linerman ............................. 27.09 OVERTIME PAY: See ( B, 5, P, S ) on OVERTIME PAGE. HOLIDAYS: Paid: Over*ime: See ( 11, 12, 12, 11, 15, 16, 17, 20 )ON HOLIDAY PAGE. 15, 16, 17, 20, 21, 22 ) ON HOLIDAY PAGE. APPRENTICES: (1) year ~erms a~ ~he following ra±es of ~ourneyman's wage. ls~ 2n~ 3rd 4~h 5~h $12.00 $12.00 $13.00 $1q. O0 $15.00 te~ Page ~.0 New York Sta PrevaiIing Rate Scheduie Depar±ment of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 SUPPLEMENTAL BENEFITS: (per hour paid) 26% of wage + $ .50 9-8a/ZBa (230) Updated 11/01/2002 Plumber NASSAU COUNTY: SUFFOLK COUNTY: HAGES: (per hour) Entire County Entire County 7-01-02- 11-01-02- 10-31-02 6-30-03 Plumber ......... $ 37.53 $ 38.28 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAY: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( i ) year 1st year ...... $ 2nd year ...... 5rd year ...... 4th year ...... 5th year ...... terms at the following rates. 14.57 $ 14.83 18.53 18.88 24.33 24.80 26.20 26.70 28.20 28.76 SUPPLEMENTAL BENEFITS: (per hour worked~) Journeyman $ 18.76 $ 19.31 Appr 1st term 10.90 11.16 Appr 2nd term 12.73 13.03 Appr 3rd term 13.08 13.q6 Appr 4th term 13.91 14.32 Appr 5th term 14.35 i4.77 (~Sundey and Holiday Benefits paid at Double Time rate.) PUMP & TANK NORK HAGES (per hour) 7-01-02- 6~30-03 Journeyman ......... $ 31.60 Overtime: ( B, E, Q ) on Overtime Page. Holidays: Paid ( i ) Overtime ( 5, 6, 9, 10, 16 ) on Holiday Page. Apprentices: One year terms at the following rates; App: 1st yr ....... $ 12.22 App: 2nd yr ....... 15.64 App: 3rd yr ....... 18.95 ~ ~ Page 41 New York Sta Prevailing Rate Schedule Dep ment of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 App: 4th yr ....... 22.21 Mechanic: ......... 27.57 Serviceman: ....... 18,95 Supplemental Benefits (per hour ~orked) dourneyman ........ ~ 15.61 App. 1st yr ....... 6.66 App. 2nd yr ....... 7.97 App. 3rd yr ....... 9.38 App, 4th yr ....... 10.8q Mechanic: ......... 12.56 Serviceman: ....... 9.38 4-200 Updated 11/01/2002 Roofer NASSAU COUNTY: Entire County SUFFOLK COUNTY: En±ire County HAGES: (per hour) 7-01-02- 6-30~03 Roofer/Haterproofer .............. $ 29.00 OVERTIME PAY - New Roof: See ( A.E.Q ) on OVERTIME PAGE. OVERTIME PAY Re-roof: See ( B,E,E2,Q ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( i ) on HOLIDAY PAGE. Overtime: See ( 4,6,13,16,25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the folloHing percentage of journeyman's wage. 1st Znd 3rd '4th 40% 50% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $ 19.62 Apprentices: 1st 2.00 2nd q. O0 3rd 10.77 4th 15.51 4-154 Updated 11/01/2002 Sheetmetal Norker NASSAU COUNTY: Entire County MEN YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire L~ounty MAGES: (per hour) 7-01-02- 6-30-03 Sheetmetal Horker ............ $ 36.17 For Temporary Operation or Maintenance of Fans: ......... 80% of Sheetmetal Ra±e Ra±e ScheduIe Page ~2 Prevailing New York Sta Departmen~ of Labor .................................. Case Number .................................. 0207182 SUFF0LK 2002 OVERTIME PAY: See ( C, E2. O, V ) on OVERTIME PAGE ( D, E2, O, V ) on Fan Main±enance 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 ~he following percen± of journeyman ra~e ls~ 2nd Srd q±h 5±h 6th 7±h 8~h 30% 35% ~0% ~5% 50% 55% 60% 70% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $ 21.79 Appr ls~ term 6.82 Appr 2nd term 7.89 Appr 5rd ±erm 8.91 Appr qth term 9.97 Appr 5th term li.i~ Appr 6±h term i3.71 Appr 7th term 15.18 Appr 8th term i7.78 q-28 Updated 11/01/2002 Sheetme±al Honker - Sign Erector NASSAU COUNTY: Entire County NEH YORK CITY: Ehtire 5 Boroughs ROCKLANO COUNTY: Entire County SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 7/01/02 Sign Erector ................ $ 32.50 ~NOTE: Overhead highway signs and structuralIy supported signs (See Iron Honker Classification) OVERTIME PAY: See ( A, HOLIDAYS: Paid: See ( Overtime: See H ) on OVERTIME PAGE. IO, il, 12, i6 ) on HOLIDAY PAGE. IO, ii, 12, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's ls± 2nd 3rd fith Bth 6th 7th 8th 9±h loth 35% qO% q5% 50% 55% 60% 65% 70% 75% 80% ~ ~ Page q3 Prevailing Ra±e Scheduie New York Sta:e Oep men~ of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 SUPPLEMENTAL BENEFITS: Journeyman ............... $ 21.63 App 1st term .............. 5.22 App 2nd term ............. 5.88 App $rd term ............. 6.5q App qth term ............. 7.21 App 8th term ............. 9.87 App 6th ±erm ............. 10.5~ App 7th term ............. 13.19 App 8±h ±erm ............. lq.06 App 9th term ............. t6.52 App loth term ............ 17.18 9-137 Updated 11/01/2002 Steamfitter - Refrigeration NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County MAGES: (per hour) 7/01/02 Steamfitter ............... $ 26.30 Refrigera±ion, A/C~ Oil Burner and Stoker Service and Installa±ions, limited on Refrigeration ±o combined compressors up to five (5) horsepower, and on A/C Heating and Air Cooling to combined compressors up ±o ten (lO) OVERTIME PAY: See ( B, E, Q~, S~ ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 2, 6. g, 10, 11, 15, 17, 26, Memorial Day ) on HOLIDAY PAGE. Overtime: ~ ( 2, 6, 9~ 1E~ 17 ) ~ ( 10, 11, 26, Memorial Day ) APPRENTICES: ( 1 ) year ±erms a± the following wage. tst 6 mo 2nd 6 mo 2nd yr 3rd yr qth yr $7.93 12.78 15.38 17.91 21.60 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ................ $ 7.36 Appr 1st 6 months ........ 5.60 Appr 2nd 6 months ........ 5.88 Appr 2nd yr.term ......... 6.15 Appr 3rd yr.term ......... 6.q6 Appr qth yr.term ......... 6.88 9-638B Page ~q Prevailing Ra±e Schedule New York S~a'e Depar~men± of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 Upda±ed 11/01/2002 S~eamfi±~er - Sprinklerfi~er NASSAU COUNTY: En±ire County NEN YORK CITY: En±ire 5 Boroughs SUFFOLK COUNTY: Entire County NAGES: (per hour) 7/01/02 S±eam Fi~er ................. $ 36.57 Sprinkler Fi±~er ............. 36.57 For Hork on Temporary Hea~ ~ Air Condi±ioning ........... ~ 27.79 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: Paid: Over±ime: See ( 1 ) on HOLIDAY PAGE. See ( 5, 6, 11, lB, 1~, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ~erms a± ±he following percen±age of Journeyman's eageis±. 2nd. 3rd. 4~h. 5±h. 40% 50% 65% 80% 85% SUPPLEMENTAL BENEFITS': (per hour paid) Journeyman ................. $ 24,00 + .32 per hour worked For Hork on Temporary ...... $ 19.48 Hea± ~ Air condi±ionzng + .32 per hour worked Appren±ices ............... ~erm percentage of $24.00 pius .32 per hour corked 9-638A Survey Crew - Building NASSAU COUNTY: Er±ire NEH YORK CITY: Entire 5~Boroughs SUFFOLK COUNTY: Entire County NAGES: (per hour) 1/01/00 Survey Ra~es-Building: Par±y Chief .............. $ 32.77 Ins~rumen~ Man ........... 27.1g Rodman ................... lB.54 7/01/00 7/01/01 Addi±. $3.01/hr. Addle. $1.8q/hr. Addi±. $1.31/hr. Addle. $3.01/hr, Addi±. $1.84/hr. Addi± Si.Si/hr. Updated 11/01/2002 ~ ~ Page 45 Prevailing Rate Schedule New York Sta Oep ment of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 OVERTIME PAY: See ( A, E~ Q, V ) ON OVERTIME PAGE. ~Doubletime paid on the 8th hour on Sa±urday. HOLIDAYS: Paid: See [ Overtime: See ( ~; ~; ~; 11, 12, 15, 25 ) on HOLIDAY PAGE. 11, 12, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................ ~ 15.40 9-15Db Updated 1170172002 Survey Crew - Heavy Highway DUTCHESS COUNTY: Entire County NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs PUTNAH COUNTY: Entire County SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 1/01/00 Survey Rates-Heavy/Highway: Party Chief ................ $ 52.11 Instrument Man ............. 24.90 Rodman ..................... 21.81 7/01/00 7/01/01 Addit. $3.22/hr. Addit. Addi±. $1.74/hr. Addit. Addit. $1.4~/hr. Addi±. $$.22/hr. $1.7q/hr. $1.45/hr. OVERTIME PAY: See ( B. EX. Q, V ) ON OVERTIME PAGE. ~Doubie~ime paid on the 9th hour on Saturday. HOLIDAYS: Paid: Overtime: See 5, 6, 7, 11, 12 ) See 5, 6,7' 11, 12 ) on HOLIDAY PAGE. on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................. $ 15.40 9-15Dh Updated 11/01/2002 ~ Survey Crew Consulting DUTCHESS COUNTY: Only the portion south of the north city line in Poughkeepsie. NASSAU COUNTY: Entzre county NEH YORK CITY: Entire 5 boroughs PUTNAM COUNTY: Entire county SUFFOLK COUNTY: Entire county HESTCHESTER COUNTY: Entire county ±~ Prevaiiing Rate ScheduIe Page New York S±a Departmen± of Labor .................................. Case Number .................................. 02071B2 SUFFOLK 2002 Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of cons±ruction when performed under a Consul±ing Engineer agreement, NAGES: (per hour) 7/01/01 7/01/02 Survey Rates: Party Chief ............... $ 25.9i Add±. Ins±rumen~ Man ............ 21.58 $.90 Rodman .................... 18.83 Per Hour OVERTIME PAY: See ( B, EX, Q, V ON OVERTIME PAGE. ~Doubletime paid on ~he 9~h hour on Sa±urday. HOLIDAYS: Overtime: See ( 11, 16 on HOLIDAY PAGE. 16 on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................. ~ 10.95 9-IBdconsuit Updated 11/01/2002 Teamster - Building & Heavy Highway NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire Coun±y WAGES: (per hour) 7-01-02- 6-30-03 Truck Driver- Bldg. 8 Heavy/Highway; Asphalt Delivery ......... $ 29.405 Concrete Delivery ............................... $ 28.47 "PLEASE NOTE" Drivers of three-axle trac±ors and trailers~ $6.00 per day extra. Drivers of heavy equipment and tag-along trailers, $10.00 per day extra. Drivers of boom trucks, $8.00 per day extra. OVERTIME PAY: See ( B, E, Q, R, T ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, lit 12. 15, 25 )~ on HOLIDAY PAGE. Overtime: See ( 11, 12. 15, 25 ) on OVERTIME PAGE (code R). See ( 5, 6,13 ) on OVERTIME PAGE ( code T ) ~(must work two days in holiday week) SUPPLEMENTAL BENEFITS: (per hour ~orked) Bldg.& Heavy/Highway; Asphalt Delivery ....... $ 16.61 Concrete Delivery ............................ $ 17.25 4-282ns ~ ~ Page 47 Prevailing Rate Schedule New York Sta Dep men~ of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 Upda±ed 11/01/2002 Teamster - Demolition NASSAU COUNTY: Entire County NEN YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HAGES: (per hour) 7/01/02 Truck Driver, Chauffeur or Loader/Operator TraiIers ..................... $ 21.85 S±raight Jobs ................ 21.65 OVERTIME PAY: See ( B, L, S, Si,) on OVERTIME PAGE. HOLIDAYS: Paid: See ( "NOTE": 5, 6, 7, 8, 11, 12, 26 ) on Holiday Page. Employee must work two days in Holzday week SUPPLEMENTAL BENEFITS: (per hour worked) $ 14.68 ~-282.Demo Updated 11/01/2002 Welder STATENIDE: Applies to all couni±es. NAGES (per hour) 7/01/2002 Helder ......... (To be paid the ra~e of ~he mechanic performing ±he work) Updated 11/01/2002 STAT~ OF NEW YORK _ '~, . '~SUREAU OF PUBUC WORK DEPARTMENT OF ~ ~ ~A~ omc~ ~UmmN~ A~ANY, NY 122~ REQ~ST FOR WAGE ~D S~PLEMENT ~FOR~TION AS REQ~ED BY ~TICLES 8 ~D 9 OF ~ ~OR LAW F~ (518) 485-1870 or mail t~s fo~ for new schedules or for de~rmi~ation for ad&tional occupations. Please ~e all ~omation ~ques~d Below s~m~ ~: ~ co~mo ~o~c~ ~ ~m~c wo~ ~c, o~c~ (C~CK 0~) a ~C~ OR ENG~E~G ~ A. POSMCWORK CONT~TO 8~ ~7 BY: (~ntef Da~ ~e~sin~n9 to ~ontrs~n9 Agent) o 0] ~MiTORY AUTHORI~ ~re. ~ewe~. Water EO~O~ ~ ~ ~ ~ Town ~ 0S MENT~ HYGIENE ~ 12 Coun~ FACIUTIES CORP. D 13 Other Non-N.Y. State Telephone: (~ ) Fax: ( ) D 06 OTHER N.Y. STATE UNIT (Oescri~) E-Maih 3. SEND REPLYTO (n check if new or change) Name and complete address 4. SERVICE REQUIRED. Check appropriate box and provide project information. n New Schedule of Wages and Supplements. APPROXIMATE BID DATE ID Additional Occupation and/or Redetermination Telephone: ( ) E.Mail: B. PROJECT PARTICULARS Fax:( ) PRC NUMBER ISSUEDPREV1OUSLY FOR I THIS PROJECT 5. Project TITLE and/or description of work to be performed. Include contract identification number, if applicable 6. Location of Project: Location on Site Route No/Street Address Village or City Town 7. Nature of Project- Check One ID 1. New Building O 2. Addltion to Existing Structure ID 3. Heavy and Highway Construction (New and Repair) [] 4. NewSewerorWaterline [] 5. Other New Construction (Explain) [] 6. Other Reconstruction, Maintenance, Repair or Alteration ID 7. Demolition . ID 8. Building Service Contract 9. Name and Title of Requester County 8. OCCUPATION FOR PROJECT [] Construction (Building, Heavy Hig hwa y/Sewer/~/a ter) [] Tunnelling Residential [] Landscape Maintenance [] Elevator maintenance Exterminators, Fumigators Signature Locality Designations I I I I I I OFFICE USE ONLY Locality Designations SEE OTHER SIDE FOR LAWS RELATING TO PUBLIC WORK CONTRACTS OFFICE USE ONLY Guards, Watchmen [] Janitors, porters, cleaners [] Moving furniture and equipment [] Trash and refuse removal [] Window cleaners [] Other (Describe) REQUIREMENTS OF ARTICLE 8 (Section 220-223) AND ARTICLE 9 (Section 230.239) OF THE NEW YORK STATE LABOR LAW PREVAILING RATE SCHEDULE: The Labor Law requires public work contractors and subcontractors to pay laborers, workers or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and to provide supplements (fringe benefits) in accordance with the prevailing practices in the locality where the work is performed. The Department of Jurisdiction awarding a public work contract MUST obtain a prevailing rate schedule from the Bureau of Public Work of the New York State Department of Labor listing the hourly rates for the trades and occupations of the workers to be employed on the public work project. This schedule may be obtained by completing and forwarding the Request for Wage and Supplement Information on the reverse side hereof. The prevailing rate schedule MUST be included in the specifications for the contract to be awarded and is deemed part of the public work contract. Upon the signing of the contract, the Department of Jurisdiction MUST advise the Bureau of Public Work on a form supplied by the Bureau as to the name of the contractor to whom the contract was awarded, the date and the amount of the contract. A "Department of Jurisdiction" includes a state department agency, board or commission; a county, city, town or village; a school district, board of education or board of cooperative educational services; a sewer, water, fire, improvement and other district corporations, a public benefit corporation; and a public authority awarding a public work contract. WITHHOLDING OF PAYMENTS FROM CONTRACTORS: When the Bureau of Public Work finds that a contractor or subcontractor on a public work project failed to pay or provide the requisite prevailing wages or supplements, the Bureau is authorized by Sections 220-b and 235.2 of the Labor Law to so notify the financial officer of the Department of Jurisdiction that awarded the public work contract. Such officer MUST then withhold or cause to be wit~hheld from any payment due the prime contractor on account of such contract the amount indicated by the Bureau of Public Work as sufficient to satisfy the unpaid wages and supplements, including interest and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until a final determination of the underpayment by the Commissioner of Labor or by the Court in the event a legal proceeding for review of the Commissioner of Labor's determination is instituted. The Department of Jurisdiction shall comply with an order of the Commissioner of Laber or of the Court with respect to the release of the funds so withheld. DEPT. OF LABOI~ BUR.EAU OF PUBLIC WOI~IC 65 COT. lILT $~ BI3FFA.[0, lqY 14~02 STATE OF NIIW YORK DEPARTM~..NT Ot~ I.,A.~OR Bureau of l~blic Work All, my, N~ %'o~k I2~40 I~lportant J lu~e $, 2001 I!MPORTA.NT NOTICE P,_EGARDING PREVAILING RATE UPDATES All the other requirements cOncerning iht schechde remai~ in place. ~g agencies are still required to mClU~St a sch~tule f~m the Bureau prior to issuin! a bid for a publlo work project and the sahe/~le must 'oe s~exed w the bid dom~,~;nt. In addition, the Bur~m must be notifimi who fl~ wnlract has be~ awarded to. Conmu=ors are still ~ ~o post iht sch~ule on the job~c amd provide copies of schecl~l¢ to all thtir subcon'm~ctors. The recluirtmeat that contractcns obl~in smdavits ~ thdr subcontractors lhat such schedules have been provided 'is also in eff~-t. Those fo~s will be avm3ablt on our website, should you c~e to use them. In the evmt tl~t you ~b not have web access or art unable to access the Dep~u~ent's website, please fax a wrkren request lot a printed copy of the schegcule to the Central O~ice of the Bureau of Public W~'k al ($18) 48.6-1870. This change will allow the Department to provide thi~ important ixfformation tm a timeli~r basis and make the informatio'~ contained in it much more widely available. If you have any questions about ,sis change, pleas-- tlo not hesitate to contact the Bxtreau of Public Work at (518) 457-5589. C;iick on: Working in New York or Your Rights As A Worker or Public proiects Prevailing Wage Scheclules Prevailing,Wage Schedules and Updates (at bottom of page) General Construction Rates or Residential Construction Rates County Business in' New York Your Responsibilities As An Employer STATE OF NEW YORK. DEPARTMENT OF LABOR Bureau of Public Work ALbANY, N.Y. 12240 Notice to ALL Contracting Agencies- Your attention, is directed to the following Amendment to Article 8, Section 220 (3-a) of the NYS Labor Law: Assembly Bill Number 1839, entitled: "AN ACT to amend the Labor Law, in relation to signs posted at public works projects" APPROVED: This bill ameflds:Section 220 (3-a) of the Labor Law to set forth specific requirements for si~s at public work locations listing al! prevailing wages specified in the contract. The bill mandates that such signs "be xwitten in plain English and titled, in lettering no smaller than two inches in height and two inches in width." with the phrase "Prevailing Rate of Wages." The bill further requires that the sign/be:weatherproof. The bill takes effect on Mamh 6, 2000. Signed into law on September 7. 1999. Ensuring' that workers receive the appropriate Wage when working on public work projects is a core mission for the Department of Labor CDepartment"). This bill will assist the Depmiment in carrying out this mission bv educating workers on public work projects as to the applicable wage and supplements for.each project. On the reverse, please find the complete text of the Bill, which contains various other aspe&s of the law, which affect contracting agencies. contractors and subcont/'actors working on public work projects.- Text of Ne,t York Stale Bill STATE OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORK. REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: I Sectio~ I Para_m~ph a of subdivision 3-a of section 110 of the labor 2 laY. as amended by chapter 565 of thc law as of [997, is amencied to read 3 a-~ follow~: 4 a. b shall be the dm'y of the depa,'lmeor of jmisclictioe as defined 5 in ~is section to ascenmn flora the pta~s and speeificasions for clas- 6 sifica:ion of workmen, mechanics and labor, rs to be employed on such 7 proje::. ~uch delanm~t shall file with the fiscal officer, as defined $ in this se:hon, the classification of workmen, meci~nics and laboren 9 to be emplo.~:~ upon such public works project, together with a statement 10 of the work to be performed by each such classification. From such 11 s~tern~t it shall be the duD' of the fi~eal offic~ to make a proper 12 classification of such torkmen, mechanics and laborers l,~king into 13 accounz whether the~ork is heavl, and highway, building, sewer and I-I ~x=ler. tunnel work or ~'sidentinl and to make a ~etmination of the I$ sch~iule~ of '*'ages ~d supplements to be laid orprovide~ as the ease 16 may i~, therefore. The ce~tmetor and ever/ sub-conlractor on public I'~ v. orkacoorracts shall pos~ in a prominent and accassibl¢ place on the 18 site Iof thc work) WHERE THE WORK IS PERFORMED a legible statement of 19 all t~,~ rates and supplements as specified in the conu-act m be paid 20 or pvr..idad, as the case may be, for the vinous classes of mechanics, 21 v.'ofldn_m~en, or labors emph~bd on the~.k SUCH POSTED STATEMEN'TSHALL ~ BE V;RITI'EN IN pL~.IN ENGLISH AND TITLED, IN LEThe;RING NO SMALLER 23 TI-LL'~ TWO INCHES IN HEIGHT AND TWO INCHES IN WIDTH, WITH THE PHRASE 24 'pREVAILING RATE OF WAGES' SUCH POSTED STATEMENT SHALL BE CONSTRUCTED E.NT'LANAT1ON:Mailer ia ITALICS (underr~ored) is ucc'. MaOter in be~eke~ 0' is old I~w to be omitted LBD04:89-01-9 Page 2 OF ~L-kTER~ALS CAPABLE OF WITHSTANDING ADVERSE WEATHER CONDITIONS 2 The cont~¢tor and e~'~'~.' ~ub-etmtmetor shall keep bdgitufl la.wollsor 3 transcripts thereof, subscribed znd affirmed by him ~z tree under the pcnal.~cs of perju~/, showing the hours and days w~'ked by each worlmum. 5 laborer or mechanic, the occt~ation at which h~ ~orked. ~he hourly '~ge 6 rote ~3id and the supplementt paid or pro'~ided, on the site of the ~ where ,.he contmcxor ot~ub-eoutractor mainmin~ no regular pl~ee of b~in~* in New York ~,as¢ ond whe~ the mount of the contract is in 9 exes: of twenv]- five ~d dollar. All other eontrasto'~ of~ub-~ontr~cto~ 10 shall pnxtuce within five thrys.on the site of the~.ork upon formal one' of II the c~rnmas.~ioner or his ~i~ed v~pt~--n~tive st:eh ofi~itml lay~olls or ~ns~-i,'pt~ the~of. ~ub~-fibod and affirmed by birr: as rote under the lan~lies 13 of pc:jury, as may he deemed nece~.~¥ to adequately enfon:e the p~)visions 14 of this article. Eve'E,.' contractor and sub-contractor ~lall ~ubmit to the 15 tiepin'macro of jurk~diction within thi~, lays after i~uance of its fir~ payroll 16 and event third' da,~ thergafler. A ~pt of ll-.e ofi~itml p~oll nveord as pw~5ded hy this wlicle. ~ub~eribed and affirrn~ astute under the penalfie~ 18 of Pe~uEe. The departmem ofju~dic~ion, as hevem, r~fc'~d to ~lall be the 19 det~l":tnem of the ~x~c. hom-d or officer in the state, or municipal co,ovation or 20 corr~2$~ion or board :~plx)thted pursuant to lax,,. ~,~nose duty. it is to pn:~are 21 or direct the preparation of the plans and ~pecifieafions fora public work project. PAYROLL CERTIFICATION FORM do hereby state: 1. That I pay or supervise the payment of the pemons employed by on the ; that during the payroll period commencing on the day of , 20 , and ending the day of , 20 , all 4. That: (a). WHERE FRINGE BEREFIES ARE PAJO TO APPROVED PLANS, FUNDS OR PROGRAMS (NOTARY & SEAL) Cutchogue Hamlet Parking Lot: K-1 ~0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 r- Cutchogue Hamlet Parking Lot: K-2 COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: 1. The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. B. FEDERAL REGULATIONS: CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offerer, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): Cutchogue Hamlet Parking Lot: M-1 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Non-segregated Facilities must be submitted prior to the award of a subcontract exceeding $ '10,000 - which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "During the performance of this contract", the Contractor agrees as follows: (2) (3) (4) (S) (6) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, t965, 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. Cutchogue Hamlet Parking Lot: M-2 (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: ~, hnwAv~r, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Rel~orts and Other Required Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the prime contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. Cutchogue Hamlet Parking Lot: M-3 '1-12.805.4 F~eport.~ and Other Required Information (b) Requirements for bidders or prospective contractors. (1) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: (2) "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. (2) In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. (3) A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. (c) Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. Cutchogue Hamlet Parking Lot: M-4 (d) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. 100 Stock Number 7540-926-2049 Title Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENT STANDARDS All contracts for constr,ction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, all Contracts awarded in excess of $ 2,000 for censtruction 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 J~ hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Cutchogue Hamlet Parking Lot: M-5 Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Sub-grantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. Contracts and sub-grants of amounts in excess of $ t00,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. In all contracts for con.~tnJction or facility improvement awarded in excess of $ 100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. Ail contracts and sub-grants in excess of $ 10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or sub- grantee shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or sub-grantees and to assure that suspected or reported violations are promptly investigated. Cutchogue Hamlet Parking Lot: M-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e, which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); ( C ) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; Cutchogue Hamlet Parking Lot: M-7 (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. Cutchogue Hamlet Parking Lot: M-8 NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Cutchogue Hamlet Parking Lot: N-1 The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted bythe Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as Owner/Contracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notif~ the Owner's representatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Cutchogue Hamlet Parking Lot: N-2 DIVISION ONE - GENERAL REQUIREMENTS All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions of these Specifications. Section 1010 - SUMMARY OF WORK 1.01 WORK COVERED BYTHE CONTRACT DOCUMENTS: A. The work in this project includes the demolition of existing curbing sidewalk & pavement as indicated on the plans. The work also includes all Clearing, Grubbing Excavation and Fill required to complete the Project. B. The work in this project includes the installation of all proposed drainage, concrete curbing and asphalt pavement, in full accordance with the contract documents. C. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, fill, equipment, tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred there from. D. This contract includes all site work necessary for the completion of work. E. The contractor shall be responsible for all final grades and pavement slopes to ensure adequate function of the proposed drainage systems. F. The contractor shall vedfy locations of all underground utilities and shall be responsible for all damage due to construction activities. END OF SECTION 1010-1 Section 1080 - APPLICABLE CODES 1.01 The latest effective publications of the following standards and codes, as applicable, form a part of these specifications the same as if wdtten fully herein and shall not relieve the Contractor of the responsibility of furnishing and installing higher grade materials and workmanship than herein specified. Applicable codes or ordinances of local governing agencies. New York Building Code 1.02 The Town of Southold shall obtain and pay for all permits and required inspections. END OF SECTION Cutchogue Parking Lot 1080-1 Section 1600 - SUBSTITUTIONS 1.01 The following requirements are applicable to all proposed substitutions for products specified herein, where such substitutions are allowed. 1.02 CONTRACTOR'S OPTIONS: For products specified with the notation of "or equal" or "or approved equal", the Contractor may submit an equivalent product for approval by the Architect. For products specified by naming only one product or manufacturer, unless otherwise indicated, the Contractor may submit an equivalent product for approval by the Architect if such a product is available. 1.03 PROCEDURE: Requests for substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. Submit physical samples and names and addresses of similar projects on which the product was used when requested by the Architect. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. In making request for substitution. Bidder/Contractor represents: 1. He has personally investigated proposed product or method and determined that it is equal or supedor in all respects to that specified. 2. He will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects. 4. He waives all claims for additional costs related to substitution which subsequently becomes apparent. 1.04 APPROVAL OF SUBSTITUTIONS All substitutiop,s shall be approved in writing prior to being ordered, fabricated or incorporated into the work. The Architect's decision on the suitability or equivalence of a proposed substitution is final and may be based on the suitability of colors, finishes and outward appearance in addition to the functional aspects of the product. Substitutions which require a substantial revision of the Contract Documents will not be considered. 1.05 The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate approved substitutions into the work, including additional engineering, certification or tests, and no claims for additional cost related to substitution will be allowed. END OF SECTION Cutchogue Parking Lot 1600-1 DIVISION TWO - SITEWORK All work in this Division shall comply with all particulars of the General Conditions, Supplementary General conditions and the General requirements of these specifications. Section 2100 - SITE PREPARATION Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all site praeparation work. Limits of work under this contract shall include the entire site. B. Related Work Specified Elsewhere: 1. Earthwork - 2200 1.02 BARRIERS A. Barricades shall be provided around all excavations and other hazardous areas dudng construction and shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3.01 3.02 3.03 PROTECTION: A. Streets, roads, adjacent property and other works to remain shall be protected throughout the work in accordance with Uniform Statewide Building Code. DEMOLITION: A. All cleadng & grubbing, excavation and demolition work shall be performed without damage to existing facilities and related utilities. The contractor shall be responsible for protection of all buildings, facilities and existing utilities that are to remain. DISPOSAL: A. All debds generated from the demolition of the existing facility shall be removed from the site at the Contractors expense, B. Burning of ma[edal on the site will not be permitted. C. Removal of construction Debds: 1. Matedal to be removed shall be removed from the site daily as it accumulates. 2. Should the Contractor elect to continue work beyond normal working hours, matedal to be removed shall not be allowed to accumulate for more than 48 hours. D. Dumping: 1. Construction & Demolition matedal generated by this project shall be removed from the site and delivered to an approved disposal facility by the Contractor. END OF SECTION Cutchogue Parking Lot 2100-1 Section 2200 - EARTHWORK Part 1 GENERAL 1.01 DESCRIPTION: A. Provide earthwork in area inside and outside the building limit to obtain required finish elevations. Earthwork includes, but is not limited to: 1. Excavation of unsuitable matedal to be replace with controlled fill material. 2. Backfilling of trenches within building lines. Limit of work under this contract shall include the entire site. Related Work Specified Elsewhere: 1. Site Preparation - 2100 1.02 QUALITY ASSURANCE: A. Code and Standards: Per[orm excavation work in compliance with applicable requirements of governing authorities having jurisdiction. 1.03 JOB CONDITIONS: A. Protection of Persons and Property: 1. Barricade open excavations occurring as part of this work and post with warning lights. 2. Operate warning lights as recommended by authorities having jurisdiction. B. Protect structures, utilities, sidewalks, pavements and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. Part 2 - PRODUCTS 2.01 SOIL MATERIALS: A. Definitions: 1. Satisfactory Soil Materials: Materials classified by ASTM D 2487, Classi~cation of Soils for Engineering Purposes, as GW, GP, GM, SW, SP, SM, & SC with no more than 20 percent by weight finer than No. 200 sieve. Unsatisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposed, as ML, CL, OL, MH, CH, OH, & PT and those soils classified as satisfactory which do not meet the gradation requirements specified above. Fill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 2 inches in any dimension, debds, waste, frozen materials, vegetable and other deleterious matter. Part 3 - EXECUTION 3.01 EXCAVATION: A. Excavation consists of removal and disposal of matedal encountered when establishing required finish grade elevations. Cutchogue Parking Lot 2200-1 3.02 3.03 3.04 3.05 Unauthorized excavation consists of removal of materials beyond indicated sub grade elevations or dimensions without specific direction of the Architect. Unauthorized excavation, as well as remedial work directed by the Architect shall be at the Contractor's expense. COMPACTION: A. General: Control soil compaction during construction providing minimum percentage of density specified for each area classification. B. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentage of maximum dry density for soils which exhibit a well-defined moisture density relationship determined in accordance with ASTM D 698; and not less than the following percentages of relative density, determined in accordance with ASTM D 2049, for soils which will not exhibit a well-defined moisture density relationship. Paved Areas: Compact top 12" of sub grade and each layer of backfill or fill material at 95% maximum dry density. BACKFILL AND FILL: A. Place acceptable soil matedal in layers to required sub grade elevations, for each area classification listed below. 1. Under Sidewalks, use satisfactory excavated or borrow material. GRADING: A. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown or between such points and existing grades. DISPOSAL OF EXCESS WASTE MATERIALS: A. Removal of waste material, including unacceptable excavated material, trash and debds shall be disposed of by the Contractor. END OF SECTION Cutchogue Parking Lot 2200-2 Section 2500 - PAVING & SURFACING Part 1 - General 1.01 1.02 1.03 DESCRIPTION: A. Provide all paving, curbs and sidewalks as shown. Limits of work under this contract shall include the entire site as well as the Southerly end of Gdffing Street immediately adjacent to the westedy side of the project site. QUALITY ASSURANCE: A. Qualifications of Asphalt Concrete Producer: Use only materials which are furnished by an asphalt concrete producer regularly engaged in production of hot-mix, hot-laid asphalt concrete, Asphalt plant must be certified and approved by New York State Department of Transportation. ENVIRONMENTAL CONDITIONS: A. Asphalt concrete paving: 1. Apply bituminous pdme and tack coats only when the ambient temperature in the shade is above 50 degrees F. and when the temperature has not been below 35 degrees F. for 12 hours immediately pdor to application. 2. Do not apply when the base surface is wet or contains an excess of moisture which would prevent uniform distribution and the required penetration. 3. Construct asphalt concrete surface course only when the temperature is above 40 degrees F., and the underlying base is dry. 4. R C A Base course may be placed when air temperature is above 30 degrees F, and dsing, subject to the Engineers approval. B. Curbs and Sidewalks: - See Section 3000 - Concrete Work. Part 2 - Products 2.01 R C A BASE COURSE MATERIALS: A. The base course~hall consist of three-fourths-inch stone blend or crushed concrete compacted to a four-inch depth. If clay or other unsuitable matedal is found below the base course, it shall be removed and replaced with twelve (12) inches of compacted bank run containing fifteen percent (15%) or more of gravel. The twelve- inch replacement depth may be modified according to existing conditions as approved by the Engineer. 1. Recycled Concrete Aggregate (RCA) shall be a uniformly graded mixture of crushed concrete conforming to the matedal requirements of the New York State Department of Transportation (NYSDOT) Standard Specification, Item No. 304.03, Sub-base Course, Type 2. Matedal gradation shall be in accordance with ANSI/ASTM C136 within the following limits: Cutchogue Parking Lot 2500-1 Sieve Size Percent Passing 1-1/2 inches (38mm) 100 I inch (25mm) 90-100 ¼ inch (13mm) 65 - 85 3/8 inch (9mm) 55 - 75 No. 4 (4.75mm) 40 - 55 No. 8 (2.36mm) 30 - 45 No. 16 (1.18mm) 22 - 36 No. 30 (0.60mm) 16 - 27 No. 40 (0.30mm) 12 - 19 No. 100 (0.15mm) 7 - 13 No. 200 (75micro m) 3 - 7 Recycled Concrete Aggregate or "RCA" blend shall be a clean recycled concrete matedal that is free of hazardous or regulated waste product. Any matedal deemed to be construction & demolition debris by the Town's Inspector shall be rejected. This shall include but not be limited to material containing; wood, wood fiber, paper, plastic, nails, bolts, wire, miscellaneous metals, bone, cloth, insulation and any other items associated with demolition practices. All C&D matedal delivered to the site shall be removed from the site at.the contractor's expense. The sub-soil base shall be compacted to the satisfaction of the Engineer and shall be smooth, parallel to and at the required depth below the base course. The soil base shall not be in a muddy or frozen condition before placing base course material. The base course matedal shall be deposited on the prepared grade by means of dump truck, spreader, tailgate or other approved methods of deposition. Spreading the base course material shall be done by approved spreading equipment. After the loose material has been spread evenly so that it will have the required thickness after compaction, correct grade for succeeding courses, segregation of any large or fine particles corrected, it shall be rolled with approved rolle,,,rs weighing not less than ten (10) tons. Rolling must begin at the sides and continue toward the center and shall continue until there is no movement of the course ahead of the roller. A minimum of four (4) passes of rollers will be required. Approved vibratory rollers may be used at the option of the contractor. Where the use of a roller is impractical, approved vibration plate compactors or impact rammers shall be used to compact the base material. Upon the completion of the base course, the contractor shall request an inspection by the Engineer or Inspector and shall not proceed with further road work until such inspection has been made and the work approved. Cutchogue Parking Lot 2500-2 2.02 ASPHALT CONCRETE PAVING MATERIALS: A. The wearing course shall be two (2") inches in compacted depth. The coarse aggregate shall consist of crushed stone, the fine aggregate sand and mineral filler. The mineral filler shall consist of limestone dust, cement or silica sand. The combined materials shall have the following composition: General Limits Job Mix Screen (percent (percent Sizes passage) passage) I inch 100 0 1/2 inch 95 - 100 + 5 1/4 inch 65 - 85 + 7 1/8 inch 32 - 65 + 7 20 15 - 39 + 7 40 7 - 25 + 7 80 2- 12 +4 200 2 - 6 + 2 % asphalt cement 5.8 - 7.0 + 0.4 grade AC-20 2.03 B. The weadng course shall be placed on the base course when it has been satisfactorily completed and approved by the Engineer or Inspector. The matedal shall be placed only when the surface to be covered is dry, dean and weather conditions, in the opinion of the Engineer, are suitable. All defective areas in the base course shall be repaired as directed. The bituminous course shall be placed with an approved finishing paver with screed heating equipment, capable of placing a fourteen-foot width and to such appropriate loose depth that when the work is completed the required, compacted thickness will have been met. The course shall be compacted with ten-ton tandem steel wheel rollers or vibratory rollers of a type as approved by the Engineer. Dudng the initial rolling, rellers shaJl travel parallel to the center line beginning at the edge and working toward the canter, overlapping on successive passes by one-half (1/2) of the roller wheels. A minimum of four (4) passes of rollers will be required. C. The temperature of the material, when placed, shall not be less than two hundred twenty-five degrees Fahrenheit (225° F.). No matedal shall be placed when the air and surface on which the matedal is to be placed is below forty degrees Fahrenheit (40° F.). CURB AND SIDEWALK MATERIALS: A. Concrete shall be air entrained, 4,000 psi min., conforming to Section 3000. B. Provide contraction joints every five feet on sidewalks and expansion joints every twenty feet (20') on curbs. C. Provide asphalt impregnated expansion joints and control joints as indicated on the drawings or as required. Cutchogue Parking Lot 2500-3 2.04 TRAFFIC & PARKING MARKING MATERIALS: A. Traffic line and parking stall marking paint materials shall meet the minimum requirements of the New York State DOT Manual of Uniform Traffic Control Specifications. All colors shall be in accordance with State Specifications. Part 3 - EXECUTION 3.01 PAVING: A. Paving shall be in accordance with all applicable sections of the Southold Town Highway Specifications Chapter A 108. B. Sub-grade: 1. In cuts & fills, before pavement base course is constr4ucted, sub-grade for a width two feet wider than pavement on each side. 2. Compact sub-grade at opfimum moisture content to density of at least 95 percent using power roller weighing at least 10 tons. 3. Reshape and check sub-grade to insure true cross-section. Where it is necessary to add fill matedal to achieve proper design grade, approved fill matedal shall be added. Fill depressions with fill matedal and re-roll until surface is smooth and thoroughly compacted. 4. Add sand or other suitable matedal to soil not readily capable of proper compaction and apply water in quantity to permit approved compaction rates. Sub-grade shall be firm and free of mud at the time of placing R C A Base material. C. Construct R .G A Base Aggregate a minimum of four (4") inches thick. Place base matedal on compacted fill, free of all organic matter and soft spots. D. Bituminous Asphalt Concrete Pavement shall be a minimum of two (2") inches thick in accordance with Southold Town Highway Specifications Chapter A 108. E. Painting: Parking spaces and Traffic Line Markings shall be painted as indicated on the drawings. 3.02 CURBS: A. Curbs shall be concrete. Construct in stdct conformity with details as shown on the drawings. B. Shape sub-grade to cross-section indicated and compact. Remove weak spots in sub- grade and replace with approved material. C. Use approved concrete forms conforming to cross-section indicated on the drawings. D. Install one-half inch thick pre-molded asphalt impregnated expansion joints conforming to cross-section indicated at intervals as uniform as length of curbs will allow, but shall not exceed forty (40') feet. 3.03 SIDEWALKS: A. Sidewalks shall be uniformly graded and sloped to prevent standing water. Provide broom finishes on all surfaces. All existing sidewalks shall be saw-cut or extended as required to provide a uniform transition between new and existing work. B. All new sidewalks terminating on curb-lines shall be installed with handicapped accessible ramps conforming to all ADA Guidelines, END OF SECTION Cutchogue Parking Lot 2500-4 Section 2600 - SITE DRAINAGE Part I - General 1.01 DESCRIPTION: A. Provide all site drainage as shown. Limits of work under this contract shall include entire site and all site-work shown, including work shown in the adjacent public right--of-ways. B. Provide trenching, fill, backfill, asphalt pavement and repair of existing improvements as a result of any construction activity. 1.02 QUALITY ASSURANCE: A. Site drainage shall be provided and installed in accordance with Southold Town Highway Specifications Section A 108 and the New York State Department of Transportation Manual of Uniform Traffic Control. Part2-Products 2.01 MATERIALS: A. All pre-cast concrete drainage structures, drainage piping, cast iron grates, frames and accessories shall conform to the standards of the Southold Town Highway Specifications. Part 3 - Execution 3.01 INSTALLATION: A. Installation shall be in cenformance with the standards noted above and as indicated by the drawings. B. The contractor shall be responsible for locating all existing underground utilities including existing septic systems. Care shall be taken to protect all utilities at all times. Damage to any and all existing facilities caused by the new construction will be repaired by the contractor at his expense. In the event that locations of proposed new drainage structures conflict with existing facilities, the contractor shall coordinate a new location with the Town Engineering Department. END OF SECTION Cutchogue Parking Lot 2600-1 Section 2800 - SITE GRADING & SEEDING Part 1 - General 1.01 DESCRIPTION: A. Provide finished grading, liming, fertilizing and seeding for lawn areas. Limits of work under this contract shall include the entire site, including lawn areas in the adjacent public tight-of-ways. Part 2 - Products 2.01 MATERIALS: A. Grass seed shall be Kentucky Bluegrass 31 Fescue or approved equal. Seed shall be fresh stock and labeled in accordance with U.S. Department of Agriculture Rules and Regulations under the Federal Seed Act. B. Topsoil shall be that which was stockpiled, free of stones, lumps, live plants, roots and other extraneous matter. Contractor shall provide additional topsoil as necessary. It shall be fertile, agricultural soil capable of sustaining vigorous plant growth and free of subsoil. C. Fertilizer shall be 8% nitrogen, 8% phosphoric acid and 8% potash, by weight. Part 3 - Execution 3.01 PREPARATION: A. Topsoil shall be evenly spread over all lawn areas at a minimum thickness of four inches, and brought to finish grades with allowance for settlement. B. Lime shall be applied at the rate of 100 pounds per 1000 square feet of area. Fertilizer shall be applied at the rate of 40 pounds per 1000 square feet of area. Lime & fertilizer shall be thoroughly worked into the topsoil. 3.02 INSTALLATION: A. Broadcast seed at the rate of 120 pounds per acre uniformly over lawn areas. Sow half of the seed in one direction and the other half in a direction that is 90 degrees or dght angle to the first sowing. B. After sowing, rake seed lightly into soil to a depth of not more than one-quarter (¼") inch and then compact sown area with a 200 pound roller. C. Immediately after sowing, provide parricides around seeded areas to prevent trespassing. END OF SECTION Cutchogue Parking Lot 2800-2 DIVISION THREE - CONCRETE All work in this division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 3000 - CONCRETE WORK Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all concrete work as shown or required. 1.02 QUALITY ASSURANCE: A. Codes and Standards: Comply with provisions of the following Codes, Specifications and Standards, except where more stringent requirements are shown or specified: 1. ACI 318 "Building Code Requirements for Reinforced Concrete". Part 2 - PRODUCTS 2.01 FORM MATERIALS: A. Forms for unexposed Finish Concrete: Form concrete surfaces which will be unexposed in finished structure with plywood, lumber, metal or other acceptable material. Provide lumber dressed on at least 2 edges and one side for tight fit. Form Coatings: Provide commercial formulation form coating compounds that will not bond with, stain nor adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 2.02 CONCRETE MATERIALS: A. Portland Cement: ANSI/ASTM C 150, Type I, unless otherwise acceptable to the Architect. B. Use one brand of cement throughout project, unless acceptable to the Architect. C. Air-Entraining Admixture: ANSI/ASTM 260. 2.03 REINFORCING MATERIALS: A. Welded Wire,Fabric: ANSI/ASTM A 185, Welded Wire Steel. Part 3 - EXECUTION 3.01 FORMS: A. Design, erect, support, brace and maintain form-work to support vertical and lateral loads that might be applied until such loads can be supported by concrete structure. Construct form-work so concrete members and structures are of correct size, shape, alignment, elevation and position. B. Design form-work to be readily removable without impact, shock or damage. C. Provide concrete footings as required for installation of street lamps. Cutchogue Parking Lot 3000-1 Section 16000- SITE LIGHTING Part I - General 1.01 DESCRIPTION: A. The contractor shall provide a complete working electrical system to install the five (5) Street Light Standards as indicated on the drawing SP-1. Part 2 - Products 2.01 MATERIALS A. Streetlight standards, luminaries, conduit, splice boxes, fuses and all related hardware for street-lighting systems shall be installed in conformance with the following. 1. Lighting layouts shall be as indicated on the drawing SP-1. 2. All widng, splices, conduit and workmanship shall be in accordance with the National Electrical Code, the requirements of the National Board of Fire Underwriters and the Long Island Lighting Company (LILCO). All work on the street-lighting systems shall be performed by and tested for continuity and safety by electricians licensed by the County of Suffolk. 3. All lighting standards shall be as manufactured by Penn Globe or approved equal. See appendix "A" for additional specifications. 4. A photoelectric control shall be individually connected to each streetlight installed. 5. Wire and cable for lighting system circuitry shall be direct budal, copper, type RR-USE or XLP-USE with a minimum gauge of AWG No. 6. Wire shall be approved and complete installation shall meet all requirements of the National Electrical Code. All wire splicing shall be performed within approved splice boxes or within pole at hand hole. All splices and connections shall be made using approved split bolt or compression-type connectors and shall be insulated using an approved waterproof method. Cable shall be buded twenty-four (24) inches below finished grade installed directly behind the curbing. Any and all wiring under a roadway, driveway, walkway, sidewalk or other load-bearing paved surface shall be installed within one-and-one-fourth-inch galvanized rigid steel conduit. All cable terminations and splices shall be color-coded using Scotch Tape 2219 as follows: red - hot leg; white - neutral leg; green - ground. All underground wire and cable shall have caution tape installed at eight (8) inches below finish grade. Part 3 - Execution 3.01 INSTALLATION A. Polyethylene splice boxes may be installed at the base of each streetlight pole for splicing and fusing. Splice boxes shall be installed so that the top of the installed box is at finished grade. Splice boxes shall be located behind the curb in front of each light pole. Cutchogue Parking Lot 16000-1 B. Fuses shall be individually installed for each streetlight pole and fixture in its splice box using a Bussman Type HEB-AA fuse holder and a Bussman KTK-15 amp fuse or approved equal. Each lighting loop shall be fused in the corresponding service box to protect and isolate each individual lighting circuit. Each service box is to contain a Bussman Type HEB-AA fuse holder and an appropriately sized Bussman KTK fuse. C. Splices between fixtures or between transformers and splice boxes, unless specifically authorized by the Engineer, are not acceptable. Where splices are authorized and locations approved such as at fixture connections to cimuit cables, the contractor shall make a splice with an approved mechanical connector encapsulated by Scotch Tape 2210, Scotch Tape 33+, and then coated with Scotch Cote in a manner as approved by the Engineer. D. A service splice box referred to above shall be installed at the point of connection to the LILCO facilities. This installation shall meet all requirements of the Long Island Lighting Company. Direct burial service cable shall be installed from the streetlight service splice box to LILCO service point and a length of slack cable sufficient for LILCO to connect to their facilities shall be left coiled at the LILCO service box and shall be color-coded at connection ends as follows: red - hot leg; white - neutral leg; green - ground. E. All conduit shall be hot-dipped galvanized, one-and-one-fourth-inch inside diameter, UL approved, dgid steel. Conduit shall be used as a wireway for circuit cables where lighting circuits pass under roadways, driveways, sidewalks or other paved load-bearing surface. Conduit shall be installed directly behind the curb where applicable or in the most direct route as specified by the Engineer and installed twenty-four (24) inches below grade. Such conduit shall extend a minimum of six (6) inches beyond the edge of any paved area as specified above. F. ^11 power supplied to the new lighting systems shall be the responsibility of the Town of Southold. END OF SECTION Cutchogue Parking Lot t 6000-2 APPENDIX "A" THE PENNSYLVANIA GLOBE GASLIGHT CO, 300 Shaw Road North Branford, CT 06471 PH: 203-484-7749 FX: 203-484-7758 NANTUCKET MODEL 3Y 5PE¢].*F[¢AT[ON Stock #F3Y0-L294-PG979 CA6E/HOUSIN6 The light fixture shall consist of a cage assembly, a socket assembly, and a vent assembly. The socket assembly shall include an aluminum post fitter and ballast housing. The cage assembly shall consist of cast solid top upper frame and lower crown, extruded aluminum struts, and cast bottom plate, rigidly welded into a lower frame. The upper and lower frames shall be hinged in two (2) places to allow a minimum opening of 135 degrees for lamp access. They shall be hinged by use of an atuminum hinge pin and shall be secured by means of a brass retaining screw. The vent shall be a three-piece assembly of decorative spinnings with a minimum wall thickness of 0.060 inches. The vent shall be securely clamped to the fixture without the use of external fasteners. All cast aluminum components are cast from A~uminum Association alloy number 319.0 in the F temper, and shall have a minimum section thickness of 0.187 inches. All spun aluminum components are spun from alloy 1100-0, and shall have a minimum thickness of 0.060 inches. LENSES The lenses shall be 0.125-inch thick clear UV clear seedy acrylic. Lenses shall be securely fastened by means of continuos vertical glass clips, without the use of bent tabs or screws. OP'FZCAL / PERFORMANCE FEATURES The lantern shall be equipped with the PennTrol glare control system, which eliminates disability glare associated with typical non-controlled street lighting. This system provides a high visual comfor~ probability (VCP) and Iow veiling luminance by using a horizontally mounted primary reflector with an adjustable lamp holder assembly and secondary vertical reflector. The replica burner assembly, mounted to the lamp holder stem, completes the system by providing the required visual element in the base of the lantern. The important features of this system are; · Fully adjustable to achieve the desired lES roadway lighting distribution for each application (full cutoff or semi-cutoff; type II, type III, or type IV; short or medium throw) · Controls light trespass by use of adjustable secondary reflector · Maintains traditional lantem appearance while providing high performance lighting performance with Iow Discomfort Glare Rating (DGR) ELECTRZCAL ~ The light fixture shall be supplied factory prewired and ballasted, and shall have minimum 12' long wire leads. The wire shall be 16 gauge TFFN type only, rated for 90 degree F service minimum. All ballasts shall open core and coil type a~d shall be either 1) high powar factor, lag type high reactance autotransformer or 2) high pewar factor constant wattage autotransformer. All ballasts shall have a minimum starting temperature of -40 degree F and a line voltage limit of plus or minus 5%. The ballasts and electrical components shall be protected by a spun aluminum ballast enclosure. Lamp holders shall be mogul base porcelain and shall have a brass plated screw shell. Lamp holders shall be rated for 660 watts and 250 volts maximum. Maximum wattages shall be 175 watt Metal Halide, 175 watt Mercury Vapor and 150 watt High Pressure Sodium. Maximum voltage shall be 277. MOUN 1 I'N~ / HARDWARE The light fixture shall mount to a 3.0' OD x 4' tall tenon. The fixture shall be secured Io the tenon by means of three (3) 5/16"-18 stainless steel socket head set screws. All hardware shall be stainless steel, furnished in a bright mill finish except exposed hardware, which shall be black, passivated for additional corrosion protection.. PennTrol TM USA PennTrol System Strategic Alliance Group APPENDIX "A" PENNSYLVANIA C~LOBE ~--~ASLIGHT CO. 300 Shaw Road North Branford, CT 06471 PH: 203-484-7749 FX: 203-484-7758 TRAD]:T]:ONAL FLU'FEb POST Stock #688P-1192-1000 CONS TRUCTT. ON The post shall be all aluminum and shall be welded, one-piece construction for durability and minimum weight. The post shall consist of a fluted shaft, decorative base assembly and tenon assembly. The shaft shall be a 4.5' fluted aluminum extrusion. The shaft shall have an effective nominal well thickness of 0.020' and shall be aluminum alloy 6063 in the T6 temper. The shaft shall have twelve (16) full flutes equally spaced around the circumference of the post. The shaft shall be permanently welded to the base assembly around its cimumference. The decorative cast aluminum base assembly shall include a fluted pedestal, an octagonal base and a post collar. The pedestal shall be 31 inches tall and shall have 24 tapered flutes equally spaced around the circumference. The base shall be 8' high x 10' octagon. The post shalJ have a 4' x 5' hand hole located in the octagonal base with a cast aluminum cover. The post shall be anchored with four (4) equally spaced anchor bolts anchored through a base flange. The bolt down flange shall have a minimum thickness of ~A ' and shall bo cast flat with no draft allowance to insure proper seating. The tenon assembly shall consist of a 5' diameter cast aluminum finishing collar and tenon. The tenon shall be 3.0' OD x 4' tall aluminum and shall be permanently welded to the fluted shaft. The post shall include a #541kl 122 festoon mounted GFI receptacle and grounding device. The historic assembly shall also include a #501 cast ladder rest and hardware. OPTIONS: The post assembly shall include a duplex GFI receptacle, single or twin (as required) universal banner arms with rosette end caps and festoon housing photocell. MATERIAL5 All cast aluminum components shall be cast from Aluminum Association alloy 319.0 in the F temper. All castings shall have a minimum section thickness of 0.187 inches. MOUN'I~NG Each post shall bo supplied with the following mounting hardware: four (4) 5/8'-18 x 18' long x 3' leg galvanized steel anchor bolts; four (4) 5/8'-l~.galvanized steel hex nuts; and four (4) 5/8" galvanized flat washers. Anchor bolts shall conform to ASTM specification number A 307-80 for externally threaded fasteners. The post shall have a minimum internal conduit opening of 7.5' diameter for ease of installation. ACCE$5 Access to the anchor bolts and the wiring shall be provided by means of a decorative, cast aluminum access door. The door shall be secured by means of two(3) stainless steel 1/4'-20 round head bolts. F]:NZSH All prepared metal surfaces shall be free of visible defects and blemishes prior to finishing. See complete Pennsylvania Globe Architectural Metal Coating Systern specifications attached. PennTrol ~M USA PennTrol System Strategic Alliance Group TM APPENDIX "A" Nantucket 1000 Luminaire # 688 Traditional Post SQ ~,/Dia' l~ Pattern # 340K$360 Galvanized steel Anchor Bolts, Nuts and Washers Standard Individual Bolt Cover j Stk Number 650K3120 -/ / 10- ,Square 14"- O" to Light Source Festoon ~7' Housing Duplex __) Outlet Festoon Housing - Photo ~ Cell #2 Single 688 Post Banner Bracket on 688 Post 4.5 Dia ~ 'd~luted 39" .~t 10" Oct. ~' THE PENNSYLVANIA GLOBE GASLIGHT CO. 300 Shaw Road North Branford, CT 06471 Tel: 203 484 7749 Fax 203 484 7758 www. pennglobe.com Cutchogue, New York ta~e Page $5 NeH York S Prevailing Rate Schedule Department of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 All Class A & B ............... $ 6.20 $ 6.~5 plus 7% plus 7% (overtime hours add) ............ $ 1.~5 $ 1.25 All Class C .................... $ 5.60 plus 7% of Hage (overtime hours add) ............ $ 0.95 $ 5.85 plus 7X of Hage $ 0.95 All Class D ................... $ 5.00 plus 7X (over±ime hours add) ........... $ O.&5 $ 5.25 plus 7X of Ha e $ 0.~5 ~-25a Updated 11/01/2002 Opera~ing Engineer - Hell Driller NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County HAGES: (per hour) 7-01-02- 8-01-02- 7-51-02 6-30-05 Hall Driller: ........ $ 2q.16 $ 2q.88 Hell Driller Helper:. 21.36 22.00 OVERTIME PAY: See ( ~, E, G, P ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 16, 23 ) on HOLIDAY PAGE. 0ver~ime: See (5~ 6~ 16, 23 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: Hell Driller: ........ Hell Driller Helper:. (per hour worked) $ 12.37 $ 12.61 12.09 12.25 "PLEASE NOTE" For All Overtime Hours Add $ 2.50/hr Hazardous Haste Differential Level A ................. Level B ................. Level C .............. .~.~. $ S.O0 p~r ~r o~er r~te 2.00 1.00 " " " " q-lSBHell Updated 11/01/2002 Operating Engineer -Trenchless Pipeline Rehabilitation ALBANY COUNTY: Entire County ONEIDA COUNTY: Entire County ALLEGANY COUNTY: Entire County ONONDAGA COUNTY: Entire County BROOME COUNTY: Entire County ONTARIO COUNTY: Entire County at ~, Page 36 Prevailing RaGe SchaduIe New York SG Depar~manG of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 CATTARAUGUS COUNTY: EnGine CounG CAYUGA COUNTY: EnGire CounG CHAUTAUQUA COUNTY: Entire Court' CHEMUNG COUNTY: EnGire Court' CHENANGO COUNTY: EnGire Coun' CLINTON COUNTY: EnGire CounG COLUMBIA COUNTY: EnG~re'CounG CORTLANB COUNTY: EnG~re CounG DELAHARE COUNTY: EnGire Count DUTCHESS COUNTY: EnGire CounG ERIE COUNTY: EnGire CounG ESSEX COUNTY: EnGire CounG FRANKLIN COUNTY: EnGire CounG FULTON COUNTY: EnGire CounG GENESEE COUNTY: EnGire CounG GREENE COUNTY: EnGire CounG HAMILTON COUNTY: EnGire CounG HERKIMER COUNTY: EnGire Coun' JEFFERSON COUNTY: EnGire Coun~ LEMIS COUNTY: EnGire Coun~ LIVINGSTON COUNTY: EnGire CounG MADISON COUNTY: EnGire Coun~ MONROE COUNTY: EnGire Ceun~ MONTOMERY COUNTY: EnGire Coun~ NASSAU COUNTY: EnGire CounG NEH YORK CITY: EnGire CounGy NIAGARA COUNTY: EnGire CounGy ORANGE COUNTY: EnGire CounGy ORLEANS COUNTY: EnGire CounGy OSHEGO COUNTY: Entire CounGy OTSEGO COUNTY: EnGire County PUTNAM COUNTY: EnGire Coup~y RENSSELAER COUNTY: EnGire Counzy ROCKLAND COUNTY: EnGire CounGy SARATOGA COUNTY: Entire CounGy SCHENECTADY COUNTY: EnGire CounGy SCHOHARIE COUNTY: EnGire County SCHUYLER COUNTY: EnGire CounGy SENECA COUNTY: EnGire CounGy STEUBEN COUNTY: EnGire ST. LAHRENCE COUNTY: EnGire SUFFOLK COUNTY: EnGire CounGy SULLIVAN COUNTY: EnGire TIOGA COUNTY: EnGire CounGy TOHPKINS COUNTY: EnGire ULSTER COUNTY: EnGire CounGy HARREN COUNTY: EnGire CounGy HASHINGTON COUNTY: EnGire CounGy HAYNE COUNTY: EnGire CounGy HESTCHESTER COUNTY: EnGire County HYOHING COUNTY: EnGire CounGy YATES COUNTY: EnGire CounGy On ConGracGs for InspecGion Only: These rages Do NoG APPLY OPERATING ENGINEER - Trenchless Pipeline 7-01-02- 6-50-05 Lead Tec TV CreH...2 ............. HaG OuG Tec ...................... Technician ....................... $50.48 Boiler OperaGor .................. Yard rage ........................ $26.70 Yard Mechanic .................... $51.10 NOTE: PREMIUM PAY 20% on sGraighG Gime hours for NEH YORK STATE D.O.T. and oGher GOVERNMENTAL MANOATED off-shifG work. OVERTIME PAY: See ( D, 0"3 on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 7, 8, 11 ) on HOLIDAY PAGE.~ ~ musG work day before & day alger or receive 2 hfs per inGermiGGenG day OverGime: See ( 5, 6, 7, 8, 11 ) on OVERTIME PAGE.~ APPRENTICE ( i ) year Germs aG Ghe folloNing raGes~ lsG yr .................... $ 18.47 t~e ep~ar Page 57 Prevailing Rate Schedule New York S D tment of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 2nd yr .................... 19.21 5rd yr .................... 19.79 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............... $ 25.5q Note Note: OVERTIME Journeyman. 22.60 Apprentice ............... 15.89 Note Note: OVERTIME Apprentice 5.60 q-158 Updated 11/01/2002 Painter-Bridge/Structural Steel NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County NAGES: (per hour) 7-01-02- 10-01-02- 9-30-02 6-30-05 Bridge .................... $ 57.00 $ 38.75 Structural Steel ........... 57.00 58.75 Power Tool/ink Compressor., ~1.00 ~5.75 OVERTIME PAY: See (A,O,) on OVERTIME PAGE. HOLIDAY: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5,6 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following rates. 1st 2nd 3rd Bridge ....... ~0% 60% 80% Steel ....... ~0% 602 80% Tool ......... qO% 60% 80% SUPPLEHENTAL BENEFITS= Journeyman ........... AppP 1st year ........ AppP 2nd year ........ Appr 3rd year ........ (per hour worked) q8%+ ~8%+ ~ 5.50/hr ~ ~.O0/hr ~8%/hr ~8%/hr ~8%+ ~8%+ $ 5.BO/hr $ ~.O0/hr q8%+ ~8%+ $ 5,BO/hr $ ~.O0/hr q-DC9/NS Updated 11/01/2002 Painter - Brush/Spray NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs PUTNAH COUNTY: Entire County SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County a~ Prevailing Rate Schedule pgt Page 38 New York St De ment of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 HAGES: (per hour) 5/01/02 Brush ..................... $ 50.25 Spray & Scaffold .......... 55.25 Fire Escape ............... 55.25 Oe¢ora~or ................. 33.25 Peperhanger ............... 55.70 OVERTIME PAY: See ( A, H ) on OVERTIME PAGE HOLIDAYS: Paid: Overtime: See ( 1 ) on HOLIDAY PAGE See ( q, 5, G, 25 ) on HOLIDAY PAGE APPRENTICES: Indentured after 5151195 ( I percentage of journeyman's wage. 1st 2nd 5rd qth $11.50 15.13 18.15 24.20 year terms at the following SUPPLEMENTAL BENEFITS: ( per hour worked ) Paperhanger .............. $ 17.66 All others. .$ 15.q2 Apprentices: 1st Year ................ $ 5.65 2nd Year ................ 7.76 5rd Year ................ lO.15 ~th Year ................ lq.qO 9-NYDC9 Updated 11/01/2002 Painter - Drywall Taper NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County MAGES: (per hour) 5/01/02 Drywall Taper ............. $ 50.25 OVERTIME PAY: See ( HOLIDAYS: Paid: See [ 1 ) Overtime: See ( q, A, H ) on OVERTIME PAGE on HOLIOAY PAGE 5, 6, 25 ) on HOLIDAY PAGE APPRENTICES: Indentured after 5/51/95 ( 1 ) year terms at the following percentage of journeyman's wage. 1st 2nd 5rd qth $11.50 15.15 18.15 2q.20 Schedule t~ Page 39 Prevailing Rate New York De~'rtment of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2O02 SUPPLEMENTAL BENEFITS: ( per hour worked ) Journeyman .............. $ 15.q2 Apprentices: 1st Year ................ $ 5.65 2nd Year ................ 7.76 5rd Year ................ 10.1~ qth Year ................ 14.q0 9-NYDCTg Updated il/01/2002 Painter - Highway Striping ALBANY COUNTY: Entire County CLINTON COUNTY: Entire County COLUMBIA COUNTY: Entire County DUTCHESS COUNTY: Entire County ESSEX COUNTY: Entire County FRANKLIN COUNTY: Entire County FULTON COUNTY: Entire Coun±y GREENE COUNTY: Entire County HAHILTON COUNTY: Entire County MONTGOMERY COUNTY: Entire County . NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs ORANGE COUNTY: Entire County PUTNAH COUNTY: Entire County RENSSELAER COUNTY: Entire County ROCKLAND COUNTY: Entire County SARATOGA COUNTY: Entire County SCHENECTADY COUNTY= Entire County SCHOHARIE COUNTY: Entire County SUFFOLK COUNTY: Entire County SULLIVAN COUNTY= Entire County ULSTER COUNTY= Entire County HARREN COUNTY: Entire County HASHINGTON COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (par hour) 7/01/02 Painter (Striping-Highway): Striping-Machine Operator .............. $ 22.57 " Helper .......................... 17.99 Limerman ............................. 27.09 OVERTIME PAY: See ( B, ~, P, S ) on OVERTIME PAGE. HOLIDAYS: Paid: Overtime: See ( 2, 8, 1t, 12, See ( 2,8, 11, 12, 15, 16, 17, 20 )ON HOLIDAY PAGE. 15, 16, 17, 20, 21, 22 ) ON HOLIDAY PAGE. APPRENTICES: (1) year terms at the following rates of journeyman's wage. 1st 2 nd 5rd qth 5th $12.00 $12.00 $15.00 $1q. O0 $15.00 a~ Prevailing Ra±e Schedule pa~r Page ~0 New York SG De GmenG o~ Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 SUPPLEMENTAL BENEFITS: (per hour paid) 26% of wage + $ .50 9-8a/Z8a (2S0) Upda±ed 11/01/2002 EnGire CounGy EnGire CounGy 7-01-02- 11-01-02- 10-31-02 6-30-05 Plumber ......... $ S7.55 $ 38.28 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAY: Paid: See ( 1 ) on HOLIDAY PAGE. OYerGime: See ( 5, 6, 15, 25 ) on HOLIDAY PAGE. Plumber NASSAU COUNTY: SUFFOLK COUNTY: HAGES: (per hour) APPRENTICES: ( 1 ) year lsG year ...... 2nd year ...... ~rd year ...... 4Gh year ...... 5Gh year ...... Germs aG Ghe ~ollowing rages. 14.57 $ 14.85 18.53 18.88 24.55 2q.80 26.20 26.70 28.20 28.76 SUPPLEMENTAL BENEFITS: (per hour worked~) Journeyman $ 18.76 $ 19.31 Appr lsG Germ 10.90 I1.16 Appr 2nd Germ 12.73 15.05 Appr 5rd Germ 13.08 15.46 AAppr 4~h Germ 13.91 1~.52 ppr 5Gh Germ 14.$5 lq,77 (~Sunday and Holiday BenefiGs paid aG Double Time rage.) PUMP 8 TANK HORK HAGES (per hour) 7-01-02- 6~30-03 Journeyman ......... $ 31.60 OverGime: ( B, E, Q ) on OverGime Page. Holidays: Paid ( 1 ) OverGime ( 5, 6, 9, 10, 16 ) on Holiday Page. ApprenGices: One year Germs aG Ghe following rages; App: lsG yr ....... $ 12.22 App: 2nd yr ....... 15.6q App: 5rd yr ....... 18.95 a~e p~ Page 41 PrevaiIing Ra±e Schedule New York St De tment of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 App: 4th yr ....... 22.21 Mechanic: ......... 27.57 Serviceman: ....... 18.9B Supplementai Benefits (per hour worked) Journeyman ........ $ 15.61 App. 1st yr ....... 6.66 App. 2nd yr ....... 7.97 App. 5rd yr ....... 9.58 App. qth yr ....... 10.84 Mechanic= ......... 12.56 Serviceman: ....... 9.58 4-200 Updated 11/01/2002 Roofer NASSAU COUNTY: Entire County SUFFOLK COUNTY: Entire County HAGES: (par hour) 7-01-02- 6-50-05 Roofer/Haterproofer .............. $ 29.00 OVERTIME PAY - NeH Roof: See ( A,E.Q ) on OVERTIME PAGE OVERTIME PAY Re-roof: See ( B,E,E2,~ ) on OVERTIME PA~E. HOLIDAYS: Paid= See ( I ) on HOLIOAY PAGE. Overtime: See ( 4,6,15,16,25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the folIoHing percentage of ~ourneyman's Hage. 1st 2nd 5rd '4th 40% 50% 70% 80% SUPPLEMENTAL BENEFITS= (per hour Horked) Journeyman $ 19.62 Apprentices: ist 2.00 2nd 4.00 Srd 10.77 4~h 15.51 4-154 Updated 11/01/2002 Sheetmetal Horker NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire L'ounty HAGES: (per hour) 7-01-02- 6-30-05 Sheetmetal Horker ............ $ 56.17 For Temporary Operation or Maintenance of Fans: ......... 80% of Sheetmetal Rate a~ pa~r Page ~2 Prevailing Rate Schedule New York St De tment of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 OVERTIME PAY: See ( C, E2. O, V ) on OVERTIME PAGE ( D, E2, O, V ) on Fan Maintenance HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 11, 12, 15, 25, 26 ) on holiday page. APPRENTICES: ~0% ( 1/2 )year terms at the following percent of ~ourneyman rate 2nd ~rd qth Bth 6~h 7th 8th 35% 40% 45% 502 55% 60% 70% SUPPLEMENTAL BENEFITS: (per hour Horked) Journeymen $ 21.79 Appr 1st term 6.82 Appr 2nd term 7.89 Appr Srd term 8.91 Appr 4th term 9.97 Appr Sth term 11.14 Appr 6th term 13.71 Appr 7th ~erm 15.18 Appr 8th term 17.78 4-28 Updated 11/01/2002 Sheetmetal Horker - Sign Erector NASSAU COUNTY: Entire County NEH YORK CITY: Ehtire 8 Boroughs ROCKLAND COUNTY: Entire County SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 7701/02 Sign Erector ................ $ 52.50 MNOTE: Overhead highway signs and structurally supported signs (See Iron Horker Classif~catzon) OVERTIME PAY: See ( A, H ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( Overtime: See ( B, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE. 5~ 10, 11, 12, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms a~ the following percentage of ~ourneyman's Hage. 1st 2nd Srd 4th 5th 6th 7th 8th 9th loth ~5% 40% 45% 50% 55% 60% 65% 70% 75% 80% t~e ~ Page ~ Prevaiiing Rate Schedule NeH York S De tment of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 SUPPLEMENTAL BENEFITS: Journeyman ............... $ 21.63 App 1st ~erm .............. 5.22 App 2nd ~erm ............. 5,88 App 3rd ~erm ............. 6.5q App ~th ~erm ............. 7.21 App 5~h ~erm ............. 9.87 App 6th ~erm ............. lO.B~ App 7th ~erm ............. 13.19 App 8~h ~erm ............. 1~.06 App 9th ~erm ............. 16.52 App IO~h ~erm ............ 17,18 9-137 Updated 11/01/2002 S~eamfi~er - Refrigeration NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HAGES: (per hour) 7/01/02 Steamfitter ............... $ 26.50 Refrigeration, A/C, Oil Burner and S~oker Service and Ins±allations, limited on Refrigeration ~o combined compressors up ~o five (5) horsepower, and on A/C Heating and Air Cooling ~o combined compressors up to ten (10) 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: ( 1 ) year ~erms a~ *he folloHing Hage. 1st 6 mo 2nd 6 mo 2nd yr 5rd yr qth yr $7.93 12.78 15.58 17.91 21.60 SUPPLEMENTAL BENEFITS: (per hour Horked) Journeyman ................ $ 7.56 Appr ls~ 6 months ........ 5.60 AppP 2nd 6 months ........ 5.88 Appr 2nd yr.term ......... 6.15 Appr 5rd yr.term ......... 6.fi6 Appr qth yr.term ......... 6.88 9-638B e~e pa~r~ Page ~4 Prevailing Rate Schedule New York St De ment of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 Updated 11/01/2002 S~eamfitter - Sprinklerfit~er NASSAU COUNTY: Entire County NEH YORK CITY= Entire 5 Boroughs SUFFOLK COUNTY: Entire County HAGES: (per hour) 7/01/02 Steam Fitter ................. $ 36.57 Sprinkler Fit±er ............. 36.57 For Hork on Temporary Hea~ 8 Air Conditioning ........... $ 27.79 OVERTIHE PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 1 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 11, 15, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: wageist. ( i ) year terms at ~he following percentage of Journeyman's 2nd. 3rd. 4th. 5th. 50Z 65% 80Z 85Z SUPPLEMENTAL BENEFITS': (per hour paid) Journeyman ................. $ 24.00 + .32 per hour Horked For Hork on Temporary ...... $ 19.48 Heat & Air conditioning + .32 per hour worked Apprentices ............... term percentage of plus .S2 per hour worked 9-638A Survey Crew - Building NASSAU COUNTY: Entire County NEH YORK CITY: Entire SBoroughs SUFFOLK COUNTY= Entire County HAGES= (per hour) 1/01/00 Survey Rates-Building: Par~y Chief .............. $ $2.77 Instrument Man ........... 27.19 Rodman ................... 18.54 7/01/00 7/01/01 Addit. $3.01/hr. Addit. $1.84/hr. Addit. $1.31/hr. Addit. $3.01/hr. Addit. $1.84/hr. Addit $1.31/hr. Updated 11/01/2002 Prevailing Rate Schedule eO Page qS New York D tment of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 OVERTIME PAY: See ( A. Ex. Q, V ) ON OVERTIME PAGE. ~Doubletime paid on the 8th hour on Saturday. HOLIDAYS: Paid: Overtime: SeeSee (( ~ ~ ~11,11' 12, 12,25 15,)25on)HOLiDAyon HOLIDAY PAGE. PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................ $ 15,qO 9-15Db Updated 11/01/2002 Survey Crew - Heavy HighHay DUTCHESS COUNTY: Entire County NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs PUTNAM COUNTY: Entire County SUFFOLK COUNTY: Entire County HESTCHESTER COUNTY: Entire County HAGES: (per hour) 1/01/00 Survey Rates-Heavy/Highway: Party Chief ................ $ 52,11 Instrument Nan ............. 2q,90 Rodman ..................... 21,81 7/01/00 7/01/01 Addit. $5.22/hr. Addit, $1.7q/hr. Addit. Si.qB/hr. Addi±. $~.22/hr. Addit. $1.7q/hr. Addle. $1.q~/hr. OVERTIHE PAY: See ( B, Ex, Q, V ) ON OVERTIME PAGE. ~Doubletime paid on the 9th hour on Saturday. HOLIDAYS: Paid: Overtime: See ( 11, See [; 11, 12 ) on HOLIDAY PAGE. 12 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................. $ 1B.qO 9-15Dh Updated 11/01/2002 ~ Survey Crew Consulting DUTCHESS COUNTY: Only the portion south of the north city line in Poughkeepsie. NASSAU COUNTY: Entire county NEH YORK CITY: Entire 5 boroughs PUTNAM COUNTY: Entire county SUFFOLK COUNTY: Entire county HESTCHESTER COUNTY: Entire county PrevaiIing Rate Scheduie New York S~ De ment of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 Feasibili±y and preliminary design surveying~ line and grade surveying for inspec±ion or supervision of construction Hhen performed under a Consulting Engineer agreemenA. HAGES: (per hour) 7/01/01 7/01/02 Survey Ra~es: Par~¥ Chief ............... $ 25.91 Addt. Ins~rumen~ Man ............ 21.58 $.90 Rodmen .................... 18.83 Per Hour OVERTIME PAY: See ( B. E~. Q. V ON OVERTIME PAGE. MDouble~ime paid on ~he 9~h hour on Saturday. HOLIDAYS: Paid: See ( 11, Overtime: See ( ~ ~ ~ 11, 16 on HOLIDAY PAGE. 16 on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman ................. $ 10.95 9-IBdconsult Updated 11/01/2002 Teamster - Building & Heavy Highway NASSAU COUNTY: Entire County SUFFOLK COUNTY= Entire County WAGES: (per hour) 7-01-02- 6-$0-03 Truck Driver- Bldg. & Heavy/Highway; Asphalt Delivery ......... $ 29.405 Concrete Delivery ............................... $ 28.47 "PLEASE NOTE" Drivers of ~hree-axie ~ractors and trailers, $6.00 per day ex~ra. Drivers of heavy equipmen~ and ~ag-along trailers, $i0.00 per day ex±fa. Drivers of boom ~rucks, $8.00 per day extra. OVERTIME PAY: See ( B, E, Q, R, T ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6. 11'~ 12. 15, 25 )~ on HOLIDAY PAGE. Overtime: See ( il, 12. 15, 28 ) on OVERTIME PAGE (code R). See ( S, 6,13 ) on OVERTIME PAGE ( code T ) ~(mus~ work ~wo days in holiday week) SUPPLEMENTAL BENEFITS= (per hour worked) Bldg.& Heavy/Highway; Asphalt Delivery ....... $ 16.6i Concrete Delivery ............................ $ 17.25 4-282ns Ra~e Schedule i Page ~7 PrevaiIing New York De~F~men± of Labor .................................. Case Number .................................. 0207182 SUFFOLK 2002 Updated 11/01/2002 Teamster - Demoli±ion NASSAU COUNTY: Entire County NEH YORK CITY: Entire 5 Boroughs SUFFOLK COUNTY: Entire County HAGES: (per hour) 7/01/02 Truck Driver, Chauffeur or Loader/Opera~or Trailers ..................... $ 21.85 S±raigh~ Jobs ................ 21.65 OVERTIME PAY: See ( B, L, S, Si,) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 7, 8, 11, 12, 26 ) on Holiday Page. "NOTE": Employee mus~ work ~HO days in Holzday week SUPPLEMENTAL BENEFITS: (per hour worked) $ lq.68 fi-282.Oemo Updated 11/01/2002 Welder STATEWIDE: Applies to all couni~es. WAGES (per hour) 7/01/2002 Welder ......... (To be paid the ra~e of the mechanic performing ±he work) Updated 11/01/2002 STATE OF NEW YORK . '~j~ _ BUREAU OF PUBLIC WORK I~PARTMENT OF LAB OR~: ~ STATE OFFICE BUILDING C~MP(gS ALBANY, NY 12240 REQUEST FOR WAGE AND SUPPLEMENT INFORMATION AS REQUIRED BY ARTICLES 8 AND 9 OF THE LABOR LAW Fax (518) 485-1870 or mail this form for new schedules or for deterr, ination for additional occupations. Please Brpe all information Reques~d Below (CH~CK OI'~) [3 ARCB1TECT OR ENGI~TEER/NG FIRM A. PUBLICWORK CONTIL~CTTO 8E LET BY: (Enter Data Pertaining to Contracting Agency) 1. Name and complete address ([3 check if newor change) 2. [] N.Y. State Uni~ [3 0? City [] 0t DOT [3 ~ Local School Di~ri~ n 02 OGS [] 0~ Special Lo~.~I District, Le., [] 03 DORMITORY AUTHO81TY Fire, Sewer, Water [] 04 STATE UNIVERSITY [3 10 Village CONSTRUCTION FUND [3 ~ 1 Town Iii OS MENTAL NYGIENE [3 1~ Counl'/ FACILITIES CORP. [3 1 ~ Other NOmN.Y. Telephone: ( ) Fax: ( ) [3 06 OTNER N.Y. STATE UNIT (Describe) E-Mail: SEND REPLY TO ([3 check if new or change) Name and complete address 4. SERVICE REQUIRED. Check appropriate box and provide project information. New Schedule of Wages and Supplements. APPROXIMATE BID DATE J Additional Occupation and/or Redetermination Telephone: ( ) E-Mail: B. PROJECT PARTICULARS Fax: ( ) THIsPRC NUMBERpRoJECTISSUED PREVIOUSLY FOR I 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 Coun~ 7. Nature of Project- Check One 1. New Building [] 2. Addition to Existing Structure [] 3. Heavy and HighwayConstruction (New and Repair) [] 4. NewSewerorWaterline S. Other NewConstruction(Explain) ~. Other Reconstructlon, Maintenance, Repair or Alteration 7. Demolition 8. BuildlngServlceConttact g. Name and Title of Requester 8. OCCUPATION FOR PROJECT [] Construction(Building, Heavy Highway/Sewer/Water) [] Tunnelling [] Residential [] Landscape Maintenance [] Elevator maintenance [] Exterminators, Fumigators Signature Locati~ Designations OFFICE USE ONLY Locality Designations SEE OTHER SIDE FOR LAWS RELATING TO PUBLIC WORK CONTRACTS OFFICE USE ONLY [] Guards, Watchmen Janitors, porters, cleaners [] Moving furniture and equipment [] Trash and refuse removal [] Window cleaners Other (Describe) STATE OF NEW YORK D~ARTMENT 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 pa~ o.f t.he public wor.k contract. Upon the. signing of the contra.ct, the Department of Jumsdlctmn MUST adwse the Bureau of Pubhc Work on a form supphed by the Bureau as to the name of the contractor to whom the contract was awarded, the date and the amount of the contract. A "Department of Jurisdiction' includes a state department agency, board or commission; a county, city, town or village; a school district, board of education or board of cooperative educational services; a sewer, water, fire, improvement and other district corporations, a public benefit corporation; and a public authority awarding a public work contract. WITHHOLDING OF PAYMENTS FROM CONTRACTORS: When the Bureau of Public Work finds that a contractor or subcontractor on a public work project failed to pay orprovide the requisite prevailing wages or supplements, the Bureau is authorized by Sections 220-b and 235.2 of the Labor Law to so notify the financial officer of the Department of Jurisdiction that awarded the public work contract. Such officer MUST then withhold or cause to bo wit~aheld from any payment due the prime contractor on acco _unt of such contract the amount indicated by the Bureau of Public Work as sufficient to satisfy the unpaid wages and supplements, including interest and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until a final determination of the underpayment by the Commissioner of Labor or by the Court in the event a legal proceeding for review of the Commissioner of Labor's determination is instituted. The Department of Jurisdiction shall comply with an order of the Commissioner of Labor or of the Court with respect to the release of the funds so withheld. DEPT. O~ J..A.~OR B~U (DF PT.~L~C WOP. K STATE OF KE~V YORK DEI~ARTMENT OF LA.~OR ~ureau of~Pub~.c Work ~mm 130, B~a~tS ~ Alb~y, N~,~ York 12240 Notice June $, 2001 IIM~PORTANT NOTICE REGARDING PREVAIl,lNG RATE UPDATES Bc~u~ng this ye~, the D~,i~,ent of Labor's Burcan of ~Bc W~k ~D no l~g~ bc ~ be ~le to ~ ~ ~ wab ~e (~.lab~.~t~.~) ~ of J~y 1, 2001. s~ re~d W mq~ · s~e ~m ~e B~u prior ~ h~g a Md ~ a p~c w~k pmj~ ~ ~e s~e m~ be ~ ~ ~e bid do~ ~ ~ ~e B~m~ m~ bc no~ who ~ wn~h~ bern aw~ ~. Contraciors arc hill required to post th~ sch~ule on the job~c ,~ provide copies of the sc~ec~a~c tO all their s-ubconm~wr~. The requirement that co~ obt~ s~ida~ts f,~,. thdr subcontracWrs lhat such scheclul~ have b¢,~ provided 'is also in cffc~. Those forms will bc av.~.blc on our wcbsite, should you care to use In the evmt that you ~o not have web access or ar: 3~-.blc to acc:ss the D~anment's website, please fax a writr~ r~lueSt for a printed copy of the schedule to the Cmltral Office of the Bureau of Publi c Work at (518) 48~1870. This change will allow the Dep~,L~nt to provide this imporunt ~¢o~mtion on a t~nclicr bests m~k~ the information contained i~ it much more widely available. If you h~v¢ ~my questions about change, pl~e do not hesitate to contact ~e Bureau of Public Work at (S18) 457-5589, Click on: Working in New York or Business in' New York Your Rights As A Worker or Your Responsibilities As A~ Employer Public projects PrevaiBng Wage Schedules PrevaJlin.~,Wage Schedules and Updates (at bottom of page) General Construotion P~tes or Residential Construction Rates County (Entire County) or Occupation STATE OF NEW YORK. DEPARTMENT OF LABOR Bureau of Public Work - Notice to. ALL Contracting Agencies- Your attention, is directed to the following Amendment to Article 8, Section 220 (3-a) of the NYS Labor Law: Assembly Bill Number 1839, entitled: "AN ACT to amend the Labor Law, in relation to signs posted at public works projects" APPROVED: This bill amehds:Section 220 (3-a) of the'Labor Law to set forth specific requirements for signs at public work locations listing al! prevailing wages specified in the contract. The bill mandates that such signs "be x~xitten in plain English and titled, in lettering no smaller than two inches in height and two inches in width." with the phrase "Prevailing Rate of Wages." The bill further requires that the sigff, he-weatherproof. The bill takes effect on March 6, 2000. Signed into law on September 7, 1999. Ensuring'fiat workers receive the appropriate Wage when working on public work projects is a core mission for the Department of Labor (:'Department"). This bill will assist the Department in carrying out this mission by educating workers on public work projects as to the applicable wage and supplements for each project. On the reverse, please find the complete text of the Bill, which contains various other aspe&s of the law, which affect contracting agencies, contractors and subconffactors working on public work projects. Text of Xe'.~ York Slate STATE OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORK. REPRESENTED IN SENATE AND ASSEMBLy, DO ENACT AS FOLLOWS: t Secti~ I Paragraph a of subdivision 3ia of semi<m 110 of the labor 2 lay. as amended by chapter 565 of the law as of 1997. is amended to 3 a.n follow~: 4 a, h shall bt the dilly of the depat~ent of jurisdictio~ as defined 5 in this section to ascertain fiorn the plans and s1~ifications for clas- 6 sifica~ion of workmen, mechanics and laborer~ to be employed on such 7 projec:. Such department shall file with the fiscal officer, as defined S in this~sectiom the classification of workngn, mechanics and labor~ 9 to be tropic.veal upon such public works project, together with a statemem I0 of the a~ork to he p~fonned by each such classifg:ation. Fmra such I I statemem it shall be the duty of the fiscal officer to make a proper 12 classification of such ~.'orkmen, monhanics and lahottrs taking into 13 account wbeth~ the ~,ork is heavy and highway, building sewer and 14 ~,.ater. tunnel work or residential and to make a datetmination of the 15 schedules of wages and supplements to be paid or provided, as the case 16 may bt, therefore. The contractor and every mb-cona'aesor on pubtie I'~ v. orlcs¢oortacts shall post in a prominent and accessible place on the 18 site Iof the work) WHERE THE WORK IS PERFORMED a legible statement of , 19 all ~-age rates and Supplatneats as specified in the contract to be paid 20 or pw~ided, as the case may be, for the various cla.s.~ of mechanics, 21 work~ngn,,en, or laborers employed on thewa~ SFCH POSTED STATEMEN'I-SHALL ~ BE %%'lzd t I t=N IN PI_M~' ENGLISH AND TITLED, IN I.~i I~.RING NO SMALLER 23 TI-L~.'~ TWO INCHES IN HEIGHT AND TWO INCHES IN WIDTH, WITH THE PHRASE 24 'PHEVAILING RATE OF WAGES' SUCH POS=fED STATEMENT SHALL ~E CONSTRI3cfFD EX~La, NATION:'Mattor in ITALICS {underr, eored} is new. Matter in bra¢'kets 0"h old law to be omitted LBD04:89-01-9 Page 2 I OF MATERIALS CAPABLE OF WITHSTANDING ADVERSE WEATHER CONDITIONS 2 Th~ co~traetor and eve.~,, sub-contractor shall keep original pa.-nolis or 3 transc~'-pts tlgreof, subscribed and affirmed by him as role under the a penal.~es o£ peouty., showthg the hours and days worked by each workman. $ Inborn', or mechanic, the ~ecupotio~ at which hg ~orked. the hourly w-age '6 rate paid and the supplements paid or provlde~L on the sim of the work 7 where the conh-actor e%[ub-cnatractor maintains no regular place of 8 business in New York state and */here the asnoum of the contract is in 9 excess of twemy- five thousand dollms. ,all. o~er contractors of sub-cnatractors l0 shall produce within five days on the site of the*.'ork upon formal order of I I the ceramissioonr or his desiglaed repr~entative such original payrolls or 12 trans~m..'pts thereof, subscribed and ~:finnecl:by him aa true under tile ponallies 13 of p~.;ury, as ma5~ be deemed neonssm7 to adequ.~ely enfon:e the pmvialc~s 14 ct' thi* article. Eve~.. contractor and sub-contracwr shall submit to the 15 depar~enl of jumdic6on within thirty days after issuance of its tim payroll 16 and event third, days thermfier. A uanscnpt of the original payroll r~cord I'~ as prmSded by this article, subsc~bod and affirmed astrue under the penalties I S of pojury. The depanmtm! ofjuhsdiction, as herein refereed to shall be the 19 department of the state, board or office* in the state, or municipal corporation or 2el corrm'~_~sion or board appointed pursuant to law, ~'hose duB,, it is to prepar~ 21 or direct the preparation of the plans and specifications fora pubticwork project PAYROLL CERTIFICATION FORM I do hereby state: 1. That I pay or supervise the payment of the persons employed by on the ; that during the payroll period coremenclng on the day of , 20 , and ending the . day of , _20 , all persons employed on said project have been paid the full weekly wages earned (.xcq~ .~ nord cciurn" t0- from o~ fom~L that no rebates have been or will be reade either dlrecUy or Indlrscfly to or on behalf of said contractor, front the full weekly wages earned by any person and that 4. That: (a). WHERE FRINGE DENEFIES ARE PAJO TO APPROVED PLANS, FUNDS OR PROGRJ~MS (NOTARY & SEAL) Cutchogue Hamlet Parking Lot: K-1 Cutchogue Hamlet Parking Lot: K-2 COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS ~TATE REGULATIONS: 1. The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. B. FEDERAL REGULATIONS: CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offerer, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which ara segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $ 10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): Cutchogue Hamlet Parking Lot: M-I 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Non-segregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 - which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "During the performance of this contract", the Contractor agrees as follows: (1) (2) (3) (4) (S) (6) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, Including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Cutchogue Hamlet Parking Lot: M-2 (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1.12.805.4 Reports and Other Required Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-I) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the sward. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the prime contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. Cutchogue Hamlet Parking Lot: M-3 1-12.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors. (1) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: (2) "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. (2) In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. (3) A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. ( C ) Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. Cutchogue Hamlet Parking Lot: M-4 ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency, The stock number for the form is as follows: Standard Form No. 100 Stock Number 7540-926-2049 Title Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENT STANDARDS Ae All contracts for l;onstruction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, all Contracts awarded in excess of $ 2,000 for con.~truction 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 I~ hours and a standard work week of 40 hours. Work In excess of the standard work day or work week Is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week, Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Cutchogue Hamlet Parking Lot: M-5 Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Sub-grantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be .reported to the Grantor Agency and the local Internal Revenue Service field office. Contracts and sub-grants of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. In all contracts for construction or facility improvement awarded in excess of $ 100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. Ail contracts and sub-grants in excess of $ 10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or sub- grantee shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or sub-grantees and to assure that suspected or reported violations are promptly investigated. Cutchogue Hamlet Parking Lot: M-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e, which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention ia directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); ( C ) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; Cutchogue Hamlet Parking Lot: M-7 (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September t2, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. Cutchogue Hamlet Parking Lot: M-8 NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Cutchogue Hamlet Parking Lot: N-1 The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program In conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g," in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as Owner/Contracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Cutchogue Hamlet Parking Lot: N-2 DIVISION ONE - GENERAL REQUIREMENTS All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions of these Specifications. Section 1010 - SUMMARY OF WORK 1.01 WORK COVERED BYTHE CONTRACT DOCUMENTS: A. The work in this project includes the demolition of existing curbing sidewalk & pavement as indicated on the plans. The work also includes all Clearing, Grabbing Excavation and Fill required to complete the Project. B. The work in this project includes the installation of all proposed drainage, concrete curbing and asphalt pavement, in full accordance with the contract documents. C. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, fill, equipment, tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred there from. D. This contract includes all site work necessary for the completion of work. E. The contractor shall be responsible for all final grades and pavement slopes to ensure adequate function of the proposed drainage systems. F. The contractor shall verify locations of all underground utilities and shall be responsible for all damage due to construction activities. END OF SECTION 1010-1 Section 1080 - APPLICABLE CODES 1.01 The latest effective publications of the following standards and codes, as applicable, form a part of these specifications the same as if written fully herein and shall not relieve the Contractor of the responsibility of furnishing and installing higher grade materials and workmanship than herein specified. Applicable codes or ordinances of local governing agencies. New York Building Code 1.02 The Town of Southold shall obtain and pay for all permits and required inspections. END OF SECTION Cutchogue Parking Lot 1080-1 Section 1600 - SUBSTITUTIONS 1.01 The following requirements am applicable to all proposed substitutions for products specified herein, where such substitutions are allowed. 1.02 CONTRACTOR'S OPTIONS: For products specified with the notation of "or equal" or "or approved equal", the Contractor may submit an equivalent product for approval by the Architect. For products specified by naming only one product or manufacturer, unless otherwise indicated, the Contractor may submit an equivalent product for approval by the Architect if such a product is available. 1.03 PROCEDURE: Requests for substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. Submit physical samples and names and addresses of similar projects on which the product was used when requested by the Architect. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. In making request for substitution. Bidder/Contractor represents: 1. H~has personally investigated proposed product or method and determined that it is equal or supedor in all respects to that specified. 2. He will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects. 4. He waives all claims for additional costs related to substitution which subsequently becomes apparent. 1.04 APPROVALOFSUBSTITUTIONS All substitutiop, s shall be approved in wdting prior to being ordered, fabricated or incorporated into the work. The Architect's decision on the suitability or equivalence of a proposed substitution is final and may be based on the suitability of colors, finishes and outward appearance in addition to the functional aspects of the product. Substitutions which require a substantial revision of the Contract Documents will not be considered. 1.05 The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate approved substitutions into the work, including additional engineering, certification or tests, and no claims for additional cost related to substitution will be allowed. END OF SECTION Cutchogue Parking Lot 1600-1 DIVISION TWO - SITEWORK All work in this Division shall comply with all particulars of the General Conditions, Supplementary General conditions and the General requirements of these specifications. Section 2100- SITE PREPARATION Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all site preparation work. Limits of work under this contract shall include the entire site. B. Related Work Specified Elsewhere: 1. Earthwork - 2200 1.02 BARRIERS A. Barricades shall be provided around all excavations and other hazardous areas dudng construction and shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3.01 3.02 3.03 PROTECTION: A. Streets, roads, adjacent property and other works to remain shall be protected throughout the work in accordance with Uniform Statewide Building Code. DEMOLITION: A. All cleadng & grubbing, excavation and demolition work shall be performed without damage to existing facilities and related utilities. The contractor shall be responsible for protection of all buildings, facilities and existing utilities that are to remain. DISPOSAL: A. All debds generated from the demolition of the existing facility shall be removed from the site at the Contractors expense. B. Burning of maj.edal on the site will not be permitted. C. Removal of construction Debds: 1. Matedal to be removed shall be removed from the site daily as it accumulates. 2. Should the Contractor elect to continue work beyond normal working hours, matedal to be removed shall not be allowed to accumulate for more than 48 hours. D. Dumping: 1. Construction & Demolition matedal generated by this project shall be removed from the site and delivered to an approved disposal facility by the Contractor. END OF SECTION Cutchogue Parking Lot 2100-1 Section 2200 - EARTHWORK Part 1 GENERAL 1.01 DESCRIPTION: A. Provide earthwork in area inside and outside the building limit to obtain required finish elevations. Earthwork includes, but is not limited to: 1. Excavation of unsuitable matedal to be replace with controlled fill material. 2. Backfilling of trenches within building lines. Limit of work under this contract shall include the entire site. Related Work Specified Elsewhere: 1. Site Preparation - 2100 1.02 QUALITY ASSURANCE: A. Code and Standards: Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. 1.03 JOB CONDITIONS: A. Protection of Persons and Property: 1. Barricade open excavations occurring as part of this work and post with warning lights. 2. Operate warning lights as recommended by authorities having jurisdiction. B. Protect structures, utilities, sidewalks, pavements and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. Part 2 - PRODUCTS 2.01 SOIL MATERIALS: A. Definitions: 1. Satisfactory Soil Materials: Materials classified by ASTM D 2487, Class~cation of Soils for Engineering Purposes, as GW, GP, GM, SW, SP, SM, & SC with no more than 20 percent by weight finer than No. 200 sieve. Unsatisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposed, as ML, CL, OL, MH, CH, OH, & PT and those soils classified as satisfactory which do not meet the gradation requirements specified above. Fill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 2 inches in any dimension, debds, waste, frozen materials, vegetable and other deleterious matter. Part 3 - EXECUTION 3.01 EXCAVATION: A. Excavation consists of removal and disposal of matedal encountered when establishing required finish grade elevations. Cutchogue Parking Lot 2200-1 3.02 3.03 3.04 3.05 Unauthorized excavation consists of removal of materials beyond indicated sub grade elevations or dimensions without specific direction of the Amhitect. Unauthorized excavation, as well as remedial work directed by the Architect shall be at the Contractor's expense. COMPACTION: A. General: Control soil compaction dudng construction providing minimum percentage of density specified for each area classification. B. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentage of maximum dry density for soils which exhibit a well-defined moisture density relationship determined in accordance with ASTM D 698; and not less than the following percentages of relative density, determined in accordance with ASTM D 2049, for soils which will not exhibit a well-defined moisture density relationship. C. Paved Areas: Compact top 12" of sub grade and each layer of backfill or fill material at 95% maximum dry density. BACKFILL AND FILL: A. Place acceptable soil matedal in layers to required sub grade elevations, for each area classification listed below. 1. Under Sidewalks, use satisfactory excavated or borrow material. GRADING: A. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown or between such points and existing grades. DISPOSAL OF EXCESS WASTE MATERIALS: A. Removal of waste material, including unacceptable excavated material, trash and debris shall be disposed of by the Contractor. END OF SECTION Cutchogue Parking Lot 2200-2 Section 2500 - PAVING & SURFACING Pad 1 - General 1.01 1.02 1.03 DESCRIPTION: A. Provide all paving, curbs and sidewalks as shown. Limits of work under this contract shall include the entire site as well as the Southerly end of Griffing Street immediately adjacent to the westedy side of the project site. QUALITY ASSURANCE: A. Qualifications of Asphalt Concrete Producer: Use only materials which are furnished by an asphalt concrete producer regularly engaged in production of hot-mix, hot-laid asphalt concrete. Asphalt plant must be certified and approved by New York State Department of Transportation. ENVIRONMENTAL CONDITIONS: A. Asphalt concrete paving: 1. Apply bituminous prime and tack coats only when the ambient temperature in the shade is above 50 degrees F. and when the temperature has not been below 35 degrees F. for 12 hours immediately prior to application. 2. Do not apply when the base surface is wet or contains an excess of moisture which would prevent uniform distribution and the required penetration. 3. Construct asphalt concrete surface course only when the temperature is above 40 degrees F., and the underlying base is dry. 4. R C A Base course may be placed when air temperature is above 30 degrees F. and rising, subject to the Engineers approval. B. Curbs and Sidewalks: - See Section 3000 - Concrete Work. Part 2 - Products 2.01 R C A BASE COURSE MATERIALS: A. The base course~hall consist of three-fourths-inch stone blend or crushed concrete compacted to a four-inch depth. If clay or other unsuitable material is found below the base course, it shall be removed and replaced with twelve (12) inches of compacted bank run containing fifteen percent (15%) or more of gravel. The twelve- inch replacement depth may be modified according to existing conditions as approved by the Engineer. Recycled Concrete Aggregate (RCA) shall be a uniformly graded mixture of crushed concrete conforming to the matedal requirements of the New York State Department of Transportation (NYSDOT) Standard Specification, Item No. 304.03, Sub-base Course, Type 2. Material gradation shall be in accordance with ANSI/ASTM C136 within the following limits: Cutchogue Parking Lot 2500-1 Sieve Size Pement Passinq 1-1/2 inches (38mm) 100 1 inch (25mm) 90-100 ¼inch . (13mm) 65-85 3/8 inch (9mm) 55 - 75 No. 4 (4.75mm) 40 - 55 No. 8 (2.36mm) 30 - 45 No. 16 (1.18mm) 22 - 36 No. 30 (0.60mm) 16 - 27 No. 40 (0.30mm) 12 - 19 No. 100 (0.15mm) 7 - 13 No. 200 (75micro m) 3 - 7 Recycled Concrete Aggregate or "RCA" blend shall be a clean recycled concrete matedal that is free of hazardous or regulated waste product. Any matedal deemed to be construction & demolition debds by the Town's Inspector shall be rejected. This shall include but not be limited to matedal containing; wood, wood fiber, paper, plastic, nails, bolts, wire, miscollaneous metals, bone, cloth, insulation and any other items associated with demolition practices. All C&D matedal delivered to the site shall be removed from the site at.the contractor's expense. The sub-soil base shall be compacted to the satisfaction of the Engineer and shall be smooth, parallel to and at the required depth below the base course. The soil base shall not be in a muddy or frozen condition before placing base course material. The base course matedal shall be deposited on the prepared grade by means of dump truck, spreader, tailgate or other approved methods of deposition. Spreading the base course matedal shall be done by approved spreading equipment. After the loose matedal has been spread evenly so that it will have the required thickness after compaction, correct grade for succeeding courses, segregation of any large or fine particles corrected, it shall be roiled with approved rolle,.rs weighing not less than ten (10) tons. Rolling must begin at the sides and continue toward the center and shall continue until there is no movement of the course ahead of the roller. A minimum of four (4) passes of rollers will be required. Approved vibratory rollers may be used at the option of the contractor. Where the use of a roller is impractical, approved vibration plate compactors or impact rammers shall be used to compact the base material. Upon the completion of the base course, the contractor shall request an inspection by the Engineer or Inspector and shall not proceed with further read work until such inspection has been made and the work approved. Cutchogue Parking Lot 2500-2 2.02 ASPHALT CONCRETE PAVING MATERIALS: A. The weadng course shall be two (2") inches in compacted depth. The coarse aggregate shall consist of crushed stone, the fine aggregate sand and mineral filler. The mineral filler shall consist of limestone dust, cement or silica sand. The combined materials shall have the following composition: General Limits Job Mix Screen (percent (percent Sizes passage) passage) 1 inch 100 0 1/2 inch 95 - 100 + 5 1/4 inch 65 -85 + 7 1/8 inch 32 - 65 + 7 20 15 - 39 + 7 40 7 - 25 + 7 80 2- 12 +4 200 2 - 6 + 2 % asphalt cement 5.8 - 7.0 + 0.4 grade AC-20 2.03 B. The weadng course shall be placed on the base course when it has been satisfactorily completed and approved by the Engineer or Inspector. The matedal shall be placed only when the surface to be covered is dry, clean and weather conditions, in the opinion of the Engineer, are suitable. All defective areas in the base course shall be repaired as directed. The bituminous course shall be placed with an approved finishing paver with screed heating equipment, capable of placing a fourteen-feet width and to such appropriate loose depth that when the work is completed the required, compacted thickness will have been met. The course shall be compacted with ten-ton tandem steel wheel rollers or vibratory rollers of a type as approved by the Engineer, Dudng the initial rolling, rollers shaJ! travel parallel to the center line beginning at the edge and working toward the center, overlapping on successive passes by one-half (1/2) of the roller wheels. A minimum of four (4) passes of rollers will be required. C. The temperature of the material, when placed, shall not be less than two hundred twenty-five degrees Fahrenheit (225° F.). No material shall be placed when the air and surface on which the material is to be placed is below forty degrees Fahrenheit (40° F.), CURB AND SIDEWALK MATERIALS: A. Concrete shall be air entrained, 4,000 psi min., conforming to Section 3000. B. Provide contraction joints every five feet on sidewalks and expansion joints every twenty feet (20') on curbs. C. Provide asphalt impregnated expansion joints and control joints as indicated on the drawings or as required. Cutchogue Parking Lot 2500-3 2.04 TRAFFIC & PARKING MARKING MATERIALS: A. Traffic line and parking stall marking paint materials shall meet the minimum requirements of the New York State DOT Manual of Uniform Traffic Control Specifications. All colors shall be in accordance with State Specifications. Part 3 - EXECUTION 3.01 PAVING: A. Paving shall be in accordance with all applicable sections of the Southold Town Highway Specifications Chapter A 108. B. Sub-grade: 1. In cuts & fills, before pavement base course is constr4ucted, sub-grade for a width two feet wider than pavement on each side. 2. Compact sub-grade at optimum moisture content to density of at least 95 percent using power roller weighing at least 10 tons. 3. Reshape and check sub-grade to insure true cross-section. Where it is necessary to add fill matedal to achieve proper design grade, approved fill matedal shall be added. Fill depressions with fill matedal and m-roll until surface is smooth and thoroughly compacted. 4. Add sand or other suitable matedal to soil not readily capable of proper compaction and apply water in quantity to permit approved compaction rates. Sub-grade shall be firm and free of mud at the time of placing R C A Base material. C. Construct R C A Base Aggregate a minimum of four (4") inches thick. Place base matedal on compacted fill, free of all organic matter and soft spots. D. Bituminous Asphalt Concrete Pavement shall be a minimum of two (2") inches thick in accordance with Southold Town Highway Specifications Chapter A 108. E. Painting: Parking spaces and Traffic Line Markings shall be painted as indicated on the drawings. 3.02 CURBS: A. Curbs shall be concrete. B. C. D. Construct in stdct conformity with details as shown on the drawings. Shape sub-grade to cross-section indicated and compact. Remove weak spots in sub- grade and replace~with approved material. Use approved concrete forms conforming to cross-section indicated on the drawings. Install one-half inch thick pre-molded asphalt impregnated expansion joints conforming to cross-section indicated at intervals as uniform as length of curbs will allow, but shall not exceed forty (40') feet. 3.03 SIDEWALKS: A. Sidewalks shall be uniformly graded and sloped to prevent standing water. Provide broom finishes on all surfaces. All existing sidewalks shall be saw-cut or extended as required to provide a uniform transition between new and existing work. B. All new sidewalks terminating on curb-lines shall be installed with handicapped accessible ramps conforming to all ADA Guidelines. END OF SECTION Cutchogue Parking Lot 2500-4 Section 2600 - SITE DRAINAGE Part 1 - General 1.01 DESCRIPTION: A. Provide all site drainage as shown. Limits of work under this contract shall include entire site and all site-work shown, including work shown in the adjacent public right-of-ways. B. Provide trenching, fill, backfill, asphalt pavement and repair of existing improvements as a result of any construction activity. 1.02 QUALITY ASSURANCE: A. Site drainage shall be provided and installed in accordance with Southold Town Highway Specifications Section A 108 and the New York State Department of Transportation Manual of Uniform Traffic Control. Part 2 - Products 2,01 MATERIALS: A. All pre-cast concrete drainage structures, drainage piping, cast iron grates, frames and accessories shall conform to the standards of the Southold Town Highway Specifications. Part 3 - Execution 3.01 INSTALLATION: A. Installation shall be in conformance with the standards noted above and as indicated by the drawings. B. The contractor shall be responsible for locating all existing underground utilities including existing septic systems. Care shall be taken to protect all utilities at all times. Damage to any and all existing facilities caused by the new construction will be repaired by the contractor at his expense. In the event that locations of proposed new drainage structures conflict with existing facilities, the contractor shall coordinate a new location with the Town Engineering Department. END OF SECTION Cutchogue Parking Lot 2600-1 Section 2800 - SITE GRADING & SEEDING Part 1 - General 1.01 DESCRIPTION: A. Provide finished grading, liming, fertilizing and seeding for lawn areas. Limits of work under this contract shall include the entire site, including lawn areas in the adjacent public tight-of-ways. Part 2 - Products 2.01 MATERIALS: A. Grass seed shall be Kentucky Bluegrass 31 Fescue or approved equal. Seed shall be fresh stock and labeled in accordance with U.S. Department of Agriculture Rules and Regulations under the Federal Seed Act. B. Topsoil shall be that which was stockpiled, free of stones, lumps, live plants, roots and other extraneous matter. Contractor shall provide additional topsoil as necessary. It shall be fertile, agricultural soil capable of sustaining vigorous plant growth and free of subsoil. C. Fertilizer shall be 8% nitrogen, 8% phosphoric acid and 8% potash, by weight. Part 3 - Execution 3.01 PREPARATION: A. Topsoil shall be evenly spread over all lawn areas at a minimum thickness of four inches, and brought to finish grades with allowance for settlement. B. Lime shall be applied at the rate of 100 pounds per 1000 square feet of area. Fertilizer shall be applied at the rate of 40 pounds per 1000 square feet of area. Lime & fertilizer shall be thoroughly worked into the topsoil. 3.02 INSTALLATION: A. Broadcast seed at the rate of 120 pounds per acre uniformly over lawn areas. Sow half of the seed in one direction and the other half in a direction that is 90 degrees or dght angle to the first sewing. B. After sowing, rake seed lightly into soil to a depth of not more than one-quarter (¼") inch and then compact sown area with a 200 pound roller. C. Immediately after sowing, provide parricides around seeded areas to prevent trespassing. END OF SECTION Cutchogue Parking Lot 2800-2 DIVISION THREE - CONCRETE All work in this division shall comply with all particulars ofthe General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 3000 - CONCRETE WORK Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all concrete work as shown or required. 1.02 QUALITY ASSURANCE: A. Codes and Standards: Comply with provisions of the following Codes, Specifications and Standards, except where more stringent requirements are shown or specified: 1. ACl 318 "Building Code Requirements for Reinforced Concrete". Part 2 - PRODUCTS 2.01 FORM MATERIALS: A. Forms for unexposed Finish Concrete: Form concrete surfaces which will be unexposed in finished structure with plywood, lumber, metal or other acceptable material. Provide lumber dressed on at least 2 edges and one side for tight fit. Form Coatings: Provide commercial formulation form coating compounds that will not bond with, stain nor adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 2.02 CONCRETE MATERIALS: A. Portland Cement: ANSI/ASTM C 150, Type I, unless otherwise acceptable to the Amhitect. B. Use one brand of cement throughout project, unless acceptable to the Architect. C. Air-Entraining Admixture: ANSl/ASTM 260. 2.03 REINFORCING MATERIALS: A. Welded Wire,Eabdc: ANSI/ASTM A 185, Welded Wire Steel. Part 3 - EXECUTION 3,01 FORMS: A. Design, erect, support, brace and maintain form-work to support vertical and lateral loads that might be applied until such loads can be supported by concrete structure. Construct form-work so concrete members and structures are of correct size, shape, alignment, elevation and position. B. Design form-work to be readily removable without impact, shock or damage. C. Provide concrete footings as required for installation of street lamps. Cutchogue Parking Lot 3000-1 Section 16000- SITE LIGHTING Part I - General 1.01 DESCRIPTION: A. The contractor shall provide a complete working electrical system to install the five (5) Street Light Standards as indicated on the drawing SP-I. Part 2 - Products 2.01 MATERIALS A. Streetlight standards, luminaries, conduit, splice boxes, fuses and all related hardware for street-lighting systems shall be installed in conformance with the following. 1. Lighting layouts shall be as indicated on the drawing SP-I. 2. All widng, splices, conduit and workmanship shall be in accordance with the National Electrical Code, the requirements of the National Board of Fire Underwriters and the Long Island Lighting Company (LILCO). Ali work on the street-lighting systems shall be performed by and tested for continuity and safety by electricians licensed by the County of Suffolk. 3. All lighting standards shall be as manufactured by Penn Globe or approved equal. See appendix "A" for additional specifications. 4. A photoelectric control shall be individually connected to each streetlight installed. 5. Wire and cable for lighting system cimuitry shall be direct budal, copper, type RR-USE or XLP-USE with a minimum gauge of AWG No. 6. Wire shall be approved and complete installation shall meet all requirements of the National Electrical Code. All wire splicing shall be performed within approved splica boxes or within pole at hand hole. All splices and connections shall be made using approved split bolt or compression-type connectors and shall be insulated using an approved waterproof method. Cable shall be buded twenty-four (24) inches below finished grade installed directly behind the curbing. Any and all wiring under a roadway, driveway, walkway, sidewalk or other load-bearing paved surface shall be installed within one-and-one-fourth-inch galvanized rigid steel conduit. All cable terminations and splices shall be color-coded using Scotch Tape 221~ as follows: red - hot leg; white - neutral leg; green - ground. All underground wire and cable shall have caution tape installed at eight (8) inches below finish grade. Part 3 - Execution 3.01 INSTALLATION A. Polyethylene splice boxes may be installed at the base of each streetlight pole for splicing and fusing. Splice boxes shall be installed so that the top of the installed box is at finished grade. Splice boxes shall be located behind the curb in front of each light pole. Cutchogue Parking Lot 16000-1 B. Fuses shall be individually installed for each streetlight pole and fixture in its splice box using a Bussman Type HEB-AA fuse holder and a Bussman KTK-15 amp fuse or approved equal. Each lighting loop shall be fused in the corresponding service box to protect and isolate each individual lighting circuit. Each service box is to contain a Bussman Type HEB-AA fuse holder and an appropriately sized Bussman KTK fuse. C. Splices between fixtures or between transformers and splice boxes, unless specifically authorized by the Engineer, are not acceptable. Where splices are authorized and locations approved such as at fixture connections to circuit cables, the contractor shall make a splice with an approved mechanical connector encapsulated by Scotch Tape 2210, Scotch Tape 33+, and then coated with Scotch Cote in a manner as approved by the Engineer. D. A service splice box referred to above shall be installed at the point of connection to the LILCO facilities. This installation shall meet all requirements of the Long Island Lighting Company. Direct burial service cable shall be installed from the streetlight service splice box to LILCO service point and a length of slack cable sufficient for LILCO to connect to their facilities shall be left coiled at the LILCO service box and shall be color-coded at connection ends as follows: red - hot leg; white - neutral leg; green - ground. E. AIl conduit shall be hot-dipped galvanized, one-and-one-fourth-inch inside diameter, UL approved, dgid steel. Conduit shall be used as a wireway for drcuit cables where lighting circuits pass under roadways, driveways, sidewalks or other paved load-bearing surface. Conduit shall be installed directly behind the curb where applicable or in the most direct route as specified by the Engineer and installed twenty-four (24) inches below grade. Such conduit shall extend a minimum of six (6) inches beyond the edge of any paved area as specified above. F. All power supplied to the new lighting systems shall be the responsibility of the Town of Southold. END OF SECTION Cutchogue Parking Lot 16000-2 APPENDIX "A" THE PENNSYLVANIA {~LOBE GASLIGHT CO. 300 Shaw Road North Branford, CT 06471 PH: 203-484-774g FX: 203-484-7758 NANTUCKET MODEL 3Y 5PECIFT. CAT' ON Stock #F3Y0-L294-PG979 CA~E/HOUSTN~ The light fixture shall consist of a cage assembly, a socket assembly, and a vent assembly. The socket assembly shall include an aluminum post fitter and ballast housing. The cage assembly shall consist of cast solid top upper frame and lower crown, extruded aluminum struts, and cost bottom plate, rigidly welded into a lower frame. The upper and lower frames shall be hinged in two (2) places to allow a minimum opening of 135 degrees for lamp access. They shall be hinged by use of an aluminum hinge pin and shall be secured by means of a brass retaining screw. The vent shall be a Ihree-piece assembly of decorative spinnings with a minimum well thickness of 0.060 inches. The vent shall be securely clamped to the fixture without the use of external fasteners. All cast aluminum components ara cast from Aluminum Association alloy number 319.0 in the F temper, and shall have a minimum section thickness of 0,187 inches. All spun aluminum components ara spun from alloy 1100-0, and shall have a minimum thickness of 0.060 inches, LENSES The lenses shall be 0.125-inch thick clear UV dear seedy acrylic. Lenses shall be securely fastened by means of ocntinuos vertical glass dips, without the use of bent tabs or screws. OPTICAL / PERFORMANCE FEATURES The lantern shall be equipped with the PennTrol glare control system, wflich eliminates disability glare associated with typical non-controlled street lighting. This system provides a high visual comfor~ probability (VCP) and Iow veiling luminance by using a horizontally mounted primary reflector with an adjustable lamp holder assembly and secondary vertical raflector. The replica burner assembly, mounted to the lamp holder stem, completes the system by providing the required visual element in the base of the lantern. The important feeturas of this system are; · Fully adjustable to achieve the desirad lES roadway lighting distribution for each application (full cutoff or semi-cutoff; type II, type III, or type IV; short or medium throw) · Controls light trespass by use of adjustable secondary rafiector · Maintains traditional lantern appearance while providing high performance lighting pertormance with Iow Discomfort Glare Rating (DGR) ELECTP~C AL The light fixture shall be supplied factory prewirad and ballasted, and shall have minimum 12' long wire leads. The wire shall be 16 gauge TFFN lype only, rated for 90 degree F service minimum. All ballasts shall open core and coil type a?ld shall be either 1) high power factor, lag type high reactance autotransformer or 2) high power factor constant wattage autotransformer. AFl ballasts shall have a minimum starting temperature of -40 degree F and a line voltage limit of plus or minus 5%. The ballasts and electrical components shall be protected by a spun aluminum ballast enclosure. Lamp holders shall be mogul base porcelain and shall have a brass plated screw shell. Lamp holders shall be rated for 660 watts and 250 volts maximum. Maximum wattagec shall be 175 watt Metal Halide, 175 watt Mercury Vapor and 150 watt High Pressure Sodium. Maximum voltage shall be 277. MOUNTING / HARbWARE The light fixture shall mount lo a 3.0" OD x 4" tall tenon. The fixture shall be secured to the tenon by means of three (3) 5/16#-18 stainless steel socket head set screws. All hardware shall be stainless steel, furnished in a bright mill finish except exposed hardware, which shall be black, passivated for additional corrosion protection.. PennTrol tM USA PennTrol System Strategic Alliance Group TM APPENDIX "A" PENNSYLVANIA GLOBE GASLIGHT CO. 300 Shaw Road North Branford, CT 06471 PH: 203-484-7749 FX: 203-484-7758 TRADT. TT. ONAL FLUTE[;) POST Stock #688P-1192-1000 CONSTRUCTT. ON The post shall be all aluminum and shall be welded, one-piece construction f~ durability and minimum weight. The post shall consist of a fluted shaft, decorative base assembly and tenon assembly. The shaft shall be a 4.5' fluted aluminum extrusion. The shaft shall have an effective nominal wall thickness of 0.020' and shall be aluminum alloy 6063 in the T6 temper, The shaft shall have twelve (16) full flutes equally spaced around the circumference of the post, The shaft shall be permanently welded to the base assembly around its cimumference. The decorative cast aluminum base assembly shall include a flutad pedestal, an octagonal base and a post collar. The pedestal shall be 31 inches tall and shall have 24 tapered flutes equally spaced around the cimumference. The base shall be 8' high x 10' octagon. The post shaU have a 4' x 5' hand hole located in the octagonal base with a cast aluminum cover. The post shall be anchored with four (4) equally spaced anchor belts anchored through a base flange. The bolt dove3 flange shall have a minimum thickness of ~ ' and shall be cast flat with no draft allowance to insure proper seating. The tenon assembly shall consist of a 5' diameter cast aluminum finishing collar and tenon. The tenon shall be 3.0' OD x 4' tall aluminum and shall be permanently welded to the fluted shaft. The post shall include a #541kl 122 festoon mounted GFI receptacle and grounding device. The historic assembly shall also include a #501 cast ladder rest and hardware. OPTIONS: The post assembly shall include a duplex GFI receptacle, single or twin (as required) universal banner arms with rosette end caps and festoon housing photocell. MA'I"~RT. AL5 All cast a~uminum components shall be cast from Numinum Association alloy 31g.0 in the F temper. All castings shall have a minimum section thk~ness of 0.187 inshes. MOUN'ITNG " Each post shall be supplied with the following mounting hardware: four (4) 5/8'-18 x 18" long x 3' leg galvanized steel anchor belts; four (4) 5/8'-l~,galvanized steel hex nuts; and four (4) 5/8' galvanized flat washers. Anchor bolts shall conform to ASTM specification number A 307-80 for externally threaded fasteners. The post shall have a minimum internal conduit opening of 7.5' diameter for ease of installation. ACCE55 Access to the anchor bolts and the wiring shall be provided by means of a decorative, cast aluminum access door. The door shall be secured by means of two(3) stainless steel 1/4'-20 round head bolts. All prepared metal surfaces shall be free of visible defects and blemishes prior to finishing. See complete Pennsylvania Globe Architectural Metal Coating System specifications attached. PennTrol TM USA PennTrol System Strategic Alliance Group T~ APPENDIX "A" Nantucket 1000 Luminaire # 688 Traditional Post t4'- 0" to Light Source 10" ~/ Pa(tern # ..~,~, Standard - -- ~ Individual 8tk ~mnl~r 650K3120 ~ $/8 - 11 x 18" Galvanized steel Anchor Bo~s, N~s and Washem ¥ ¥ Festoon fl Housing Duplex , ) Outlet Festoon Housing Photo Cell #2 Single 688 Post Banner Bracket on 688 Post ~ -~ '~'~luted 39" THE PENNSYLVANIA GLOBE GASLIGHT CO. 300 Shaw Road North Branford, CT 06471 Tel: 203 484 7749 Fax 203 484 7758 www. pennglobe.com Cutchogue, New York