HomeMy WebLinkAboutTown Hall Roof SystemRESOLUTION 2008-928
ADOPTED
4298
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-928 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 7, 2008:
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of
Carter-Melence~ Inc~ PO Box 907, Sandy Beach~ NY 11789~ to replace and reconstruct the
Town Hall roof system~ in the amount of $72~300~ as per the plans & specification prepared
by James Richter~ RAt Office of the Town Engineer and authorizes Supervisor Scott Russell
to sign an Agreement with Carter-Melence, Inc, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
AGREEMENT
ORIGINAL
THIS AGREEMENT made this 8th day of October 2008 between the Town of
Southold, a municipal corporation of the State of New York, having its office and principal
place of business at 53095 Main Road, Southold, New York 11971 hereinafter called the
"Town" and Carter-Melence, Inc, 104 New York Avenue, PO Box 907, Sound Beach, NY 11789
herein after called the "Contractor".
WHEREAS, the Town of Southold desires to engage the contractor to render certain
professional services herein described in connection with an undertaking.
NOW, therefore, the parties hereto mutually agree as follows:
1. The Contractor does hereby agree to perform all the work outlined in the
"Invitation to Bid - Replacement & Reconstruction of the Town Hall Roof', as per the plans
and specifications prepared by James Richter, RA, Office of the Town Engineer and annexed
hereto and made part of this contract (Exhibit A).
2. The Town does hereby agree to pay the Contractor for the work, the total sum of
seventy two thousand three hundred dollars ($72,300). The total sum is to be paid to the
Contractor within forty-five (45) days of the completion of the said work and the acceptance
thereof by the Town.
5. The Contractor shall secure and maintain such insurance that will protect him/her
from claims under the Worker's Compensation Acts and from claims for bodily
injury, death or property damage that may arise from the performance of his/her
services under this Agreement, in limits of $1,000,000. and $2,000,000. aggregate
liability for bodily injury and property damage. The Contractor shall indemnify
and hold harmless the Town from and against all suits, claims, demands or actions
for any injury sustained or alleged to be sustained by any party or parties in
connection with the alleged negligent performance or negligent performance by the
Contractor, his employees or agents or any subcontractor and in case of any such
action brought against the Town, the Contractor shall immediately take charge of and
defend the same at his own cost and expense. In addition, the Contractor will name
the Town as an additional insured on any applicable policies.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
Town of Southold
Scott A. Russell, Supervisor
Carter-Melence, Inc.
Dona~c~ J. O'H~nlon ~
Invitation to Bid
Replacement &
Reconstructien
of the
Tewn Hall Beof
Southold Town Hall
SOUTHOLD, NEW YORK 11971
Dated: January 2, 2008
SOUTHOLD TOWN
ENGINEERING DEPARTMENT
$OIJTHOLD TOWN KI!.~ 530~ MAIN ROAD, SO1J'~IIOLD
PROJECT DESCRIPTION
REPLACEMENT & RECONSTRUCTION
of the
TOWN HALL ROOF SYSTEM
Located at
53095 Main Road, Southold, New York 11971
This Project includes the replacement & reconstruction of the existing roof system at Town
Hall. This will include both asphalt roof shingles as well as the existing fiat roof section.
Existing condition site inspections will be required of all bidders. All quantities for roofing
materials shall be the responsibility of the contractor.
Contractor shall be responsible for all demolition work and the disposal of all debris
generated by the construction of the new roof system.
Contractor shall be responsible for all safeguards required to maintain safe access to the
facility at all times during construction.
REQUESTS FOR FURTHER INFORMATION & ALL INQUIRIES SHOULD BE
ADDRESSED TO THE ARCHITECT @ THE SOUTHOLD TOWN ENGINEERING
DEPARTMENT:
Attention: James A. Richter, PA, (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.
RESOLUTION 2008-67
ADOPTED
DOC ID: 3418
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-67 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 2, 2008:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise for bids for the replacement and reconstruction of the Southold
Town Hall Roof System~ 53095 Main Road~ Southold~ NY~ in accordance with the plans
and specifications prepared by James A. Richter~ R.A, Southold Town Engineering
Department.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Thomas H. Wickham, Councilman
AYES: Ruland, Orlando, Kmpski Jr., Wickham, Evans, Russell
INVITATION TO BID
PROJECT: Replacement & Reconstruction of the Town Hall Roof System
Southold Town Hall, 53095 Main Road, Southold, New York 11971
The Town Board of the Town of Southold will receive bids for furnishing all Labor,
Materials and Equipment as specified in the bid documents for the New Town Hall Roof in
accordance with the Drawings & Specifications Prepared By:
James A. Richter, R.A., Southold Town Engineering Department,
Town Hall, 53095 Main Road, Southold, New York 11971
Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095
Main Road, Southold, New York 11971, until
10:00AM, 25th , September 200._~_8.
Day Month Year
All specifications are provided herein: drawings to be attached.
A fee of ten dollars ($10.00), cash or check, made payable to the Town of Southold will
be required for one (1) copy of the Contract Documents. There will be 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 for45 days from the date of receipt. The CONTRACTOR SHALL
NOT withdraw his bid during this period.
Bid Secudty in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will
be required of each bidder.
Please advise if you intend to bid or not.
Dated:
Januaw2,2008
BY ORDER OF THE SOUTHOLD TOWN BOARD
By: Elizabeth ^. Neville
Southold Town Clerk
Town Hall Roof
A-1
INSTRUCTIONS TO BIDDERS
A. PROPOSALS
Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write
in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant,
equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services
necessary for the proper completion of the work in strict accordance with the plans and specifications and
subject at all times to the approval of the Architect.
Each proposal must be signed in writing with the full name and address of bidder.
Proposals shall bo addressed as indicated on Invitation for Bids and shall be delivered enclosed in an
opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name.
No proposal shall be considered which has not been received by the Southold Town Clerk prior to the
hour and date stated.
B. PROPOSAL GUARANTY
A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond
or certified check in the amount of 5% of the total bid, for each item bid, and made payable to the Town of
Southold.
As soon as the proposal pdcas have been compared, the Owner shall return the bidder's bond or the
certified checks accompanying such proposals as, in his judgment, would not likely be involved in making
the award. All other proposal quantities will be held until the contract and contract bond have been
executed after which they will be released or returned to the respective bidders whose proposals they
accompanied.
C. OMISSIONS AND DISCREPANCIES
Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform
themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should
a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or
should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written
instruction to all bidders.
D. PUBLIC OPENING OF PROPOSALS
Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids.
Bidders, their authorized agents, and other interested parties are invited to be present.
E. AWARD OF CONTRACT
Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder
other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after
scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by
successful bidder. The competency and responsibility of the bidder and his sub. contractors will be
considered In making the award. The Town reserves the right to waive any technical error, to accept any
bid, or to reject any or all bids.
The Town will either award the project or reject all proposals received withln forty-five (45) days after the
formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town
Clerk and no other act shall constitute the acceptance of a proposal.
Town Hall Roof
" B-1
f. WITHDRAWALS OF PROPOSALS
Any bidder upon his or her authorized representative's written request presented not later than the hour
set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the
proposals, when such proposals are reached, it will be returned to him unread.
G. REJECTION OF PROPOSALS
The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without
limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be
rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be
rejected, any proposal having interlineations, erasure or corrections may be rejected.
H. PLANT & EQUIPMENT
The bidder shall state in his bid that be has available or under his control, plant and equipment of the
character and in the amount required to complete the proposed work within the specific time.
I. TIME FOR EXECUTION OF CONTRACT
Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a
firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the
Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the
Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the
agreement effected by the acceptance of the proposal.
The damages to the Town 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 herain before provided, the Town
may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his
proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated
damages as above provided.
J. TIME LIMIT TO COMMENCE AND COMPLETE WORK
The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to
proceed which was given to him by the Town of Southold and shall complete the work within the calendar
day limit as set forth by him in his Proposal, but not more than sixty (60) working days.
END OF SECTION
Town Hall Roof
B-2
NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION
(TO BE COMPLETED BY EACH BIDDER)
Bidder'~ 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 pad
of the resulting contract:
BIDDER'S CERTIFICATION
Certifies that:
(Bidder)
1. It intends to use the following listed construction trades in the work under the contract
; and,
A. As to those trades set forth in the preceding paragraph one hereof for
which it is eligible under Part 1 of these Bid Conditions for participation in the
Nassau-Suffolk County Plan
It will comply with the said County area within the scope of coverage of that Plan,
those trades being:
.; 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,
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)
Town Hall Roof
E-1
NON-DISCRIMINATION CLAUSE
During the performance of this contract, the contractor agrees as follows:
The contractor will not discriminate against any employee or applicant for employment
because of race, creed, color, or national origin, and will rake affirmative action to insure
that they are afforded equal employment opportunities without discrimination because of
race, creed, color, or national origin. Such action shall be taken with reference, but not
limited to: recruitment, employment, job assignment, promotion, upgrading, demotion,
transfer, layoff or termination, rates of pay or other forms of compensation, and
selection for training or retraining, including apprenticeship and on-the-job training.
The contractor will send to each labor union or representative of workers with which he
has or is bound by a 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 wdting, 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 odgin. 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.
Co
Do
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 odgin.
Town Hall Roof
F-t
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.
F. 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 futura 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.
G. If this Contract is canceled or terminated under Clause %", in addition to other dghts
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.
H. 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 prempfiy so notify the Owner's representatives/counsel, request him to intervene
and protect the interests of the Owner (Contracting Agency's jurisdictional area).
Town Hall Roof
F-2
STATEMENT OF NON-COLLUSION
(To be completed by each Bidder)
In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal
hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore
district or any agency or official thereof for work or services performed or to be performed or goods sold or to be
sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the
penalties of perjury; non-collusive bidding certification,
A. By submission of this bid, each biddei' 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 pdcas 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 pdces with any other bidder or any competitor.
(2) Unless othen~vise required by law, the pdces which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder pdor to
opening, directly or indirectly, to any other bidder or to any competitor.
(3) No attempt has been made or will be made by the bidder to induce any other person, partnership,
or corporation to submit or not to submit a bid for the purpose of 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 ce~tit]cation, 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 behaff,
C, 'i'hat 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 be
(Name of signatory) (Name of Corporation)
authorized to sign and submit the bid or proposal of this corporation for the following Project:
Replacement & Reconstruction of the Town Hall Roof System
Southold Town Hall, 53095 Main Road, Southold, N.Y. tl 971
and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-
three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and fo~ 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
corpmation at a meeting of the
Board of Directors, held on the
day of ,20 ,
(SEAL OF THE CORPORATION)
Laws of New Yod~, tg6S
Ch. 76t, ~ t03-d, as amended &
effe~ve on September 1, t965.
Signature
Town Hall Roof
G-1
A M E R I C A N I N
ST ITUTE
0 F A R C H IT
AIA Document .4201
General Conditions of the Contract
for Construction"
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENC. ES; C(~NSUL TA TION
WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION
1987 EDITION
TABLE OF ARTICLES
1. GENE~ 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 CORREC'T~.ON OF WORK
13. MISCELLANEOUS PROVISIONS
14. TERMINATION OR SUSPENSION OF THE
CONTRACT '
w. w ,D C.,~. nof~¢ .
~ CA~ION: Y~ shoed u~ an original AIA docu~t ~l~ has this ~lon pflnl~ ~ ~.
~ o~ ~.~ ~M ~ang~ ~11 ~ ~ o~ ~ m~ ~ when d~men~ nm m~.
.............. . .... .~
INDEX
A~oelRance 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.l, 9.10.3
Aooe$~ 1o Work ........................... 8.15, 6.2.1, 12.1
Accident P~evcntion ..............................4.2.3,10
Acts and Omissions ... 3.2.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 4.3.2,
4.3.9, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1
Addenda ..................................... 1.1.1,3.11
Additional Cost, Claims for ......... 4.3.6,4.3.7,4.3.9,6.1.1, 10.3
AddRkmal in$1~tions and Testing ....... 4.2,6,9.82,12.2.1,13.5
Additional Time, CLaims' for · · ·; ......... 4.3.6, 43.8, 4.39, 8.3..~
ADMiNiSTRAlrloN OF THE OONI'RAO? ....... 3.3.3,4,9.4' 9.5
Advefliseme~t or Invitation to Bid ........... : ·: ........ 1.'1'11'
Aesthetic Effect .......................... ;:... 4.2.13, 4.5.
AIIowsno~ ........................................ $'$
All-flak lflsufance ................................. 11.3.1.1
~plle~$~o~ffofPayll~nt .. 4.2.5,7.3.7,9.2,55,9.4,9.5.1,9.6.3,
9.8.3, 9.10.1, 9.10.3, 9.10.4, 11.1.3, 14.2.4
Approvals .... 2.4' 3.3.3, 3.5, 3.10.2, 3.12.4 through 3.12.8, 3.18.3,
4.2.7, 9.3.2, 11.3.1.4, 13.4.2, 13.5
~l~n ..................... 4.1.4, 4.32, 4.3.4' 4.4.4' 4.8,
8.3.1, 10.1.2, 11.3.9, 11.3.10
: : :..........:...'.'.'.'.'.'.': :.'.'.'.'./ : :.':
Architect, Extent of Authorhy ........ 2.4, 3.12.6, 4.2, 4.32, 4.3-o,
4.4, 5.2, 6.3, 7.1.2, 7.2.1, 7.3.6, 7.4, 9.2, 93.1,
9.4, 9.5, 9.6.3, 9.8.2, 9.8.3, 9.10.1, 9.10.3, 12.1, 12.2.1,
13.5.1, 13.5.2, 14.2.2, 14.2.4
Arch ltect, Limitations o f Authority and Responsibility · 3.3.3,3.12.8,
3.12.11, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12,
4.2.13, 4.3.2, 5.2.1, 7.4, 9.4.2, 9.6.4, 9.6.6
Architect's Additional Services and Expens~ .......... 2.4' 9.8.2,
11.3.1.1, 12.2.1, 12.2.4, 13.52, 13.5.5, 14.2.4'.
Archltecr $ Adndn~,ic&~on of the C~ .......... 4.8, 4.3.6,
4.3.7, 4.4' 9.4, 9.5
Architect's Approvals 2.4, 3.5.1, 3.10.2, 3.12.6, 3.12.8. 3.18.3, 4.2.7
ArchRect'$ Authority to Reject Work .... 3.5.1, 4.2.6, 12.1.2,12.2.1
AtehRect'$ Copyl~lght ................................. 1.3
Architect's DecBtons .......... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,
4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1,
9.2, 9.4, 9.5.1, 9.8.2, 99 1, 10.1.2, 13.5.2 14.2.2, 14.2.4
Aw. hitect'$ Inspections ........... 4.22, 4.Z.9. 4.3.6, 9.42, 9.8.2,
9.9.2, 9.10.1, 13.5
Archttect,$ instnsctio0s.' 4.2.6,42.7,4.2.8,4.3.7,7.4.1,12.1,13.5.2
Architect's Interpretations ........ · ........ 4.2.11,4.2.12,4.3.7
Atnahitect'$ On~lte Obser~ations ........ 42.2, 4.2.5, 4.3.6, 9.4.2,
9.5.1, 9.10.1, 13.5
Architect's pro ject Rcpreaentativ~ ..................... 4.2.10
Architect's Relationship with Cont factor ....... 1.1.2,3.2.1,3.2.2,
3.3.3, 3.5.1, 3.73, 3.11, 3.12.8, 3.12.11, 3.16, 3.18, 4.2.3, 4.2.4,
4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5
A~chltect'$ Relationship n~lth Subcontraetocs .... 1.1.2,4.2.3,4.2.4,
4.2.6, 9.6.3, 9.6.4, 11.3.7
Architect's Reprer, cnUtions ................. 9.4.2,9.5.1,9.10.1
Archltect'$ Site ¥1slt~ ........ 4.2.2, 4.2.5, 4.2.9, 4.3.6, 9.4.2, 9.5-1,
9.8.2, 9.9.2, 9.10.1, 13.5
Asbe$~ .......................................... 10.1
Attot'ncys' Fcc$ ........................ ~.18.1, 9.10.2, 10.1.4
Aw.a~d o f ,~parate Gontract$ ........................... 6.1.1
I)oftlOnl OI th~ Work .............................. 6°
................ -'""
IRa~ls, pedonmn~ and Paym~t ..... 7.3.6.4, 9.103, 113.9, 11.4
Building Permit .................................... 3.7.1
Capitalization ....................................... 1.4
Cer tlficate o f Substantial Completion .................... 9.8.2
Oertlflcat~ for Payment ....... 4.2.5, 4.2.9, 9.3.3, 5.4, 9.5, 9.6.1,
9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4
CetXiflcate$ o f Inspection, Te.sting or Approval ..... 3.12.11, 13.5.4
Certificates o f Insurance .................. 9.3.2,9.10,2,11.1.3
Ch~lt~o O~$ ...... 1.1.1,2.4.1,3.82.4'3.11,4.2.8,4.33,5.2.3,
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 Or de~s, Definition O f .......................... 7.2.1
Ohang~ .............. ' .............................. ?.1
OHANOESINTHEWORK ..:. 3.11,4.2.8,7,8.3.1,9.3.1.1,10.1.3
Claim, DeflnlSon of .......................... , ...... 4.3.1
Chlm$ and Disput~ ................ 4.3, 4.4, 4.5, 6.2.5, 8.3.2,
9.3.1.2, 9.3.3, 9.10.4' 10.1.4
Claims and Tkllel~ A~e, ertlofl of Claims ................ 4.5.6
Cldma for Addl$o~ C0~t ........ 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3
Ol$1m~ ffol' Additional TIn~ ............ 4.3.6,4.3.8,4.3.9,8.3.2
Clalma for Oon~al~d o~ Unknown Oondltlon$ ........... 4.8.8
Claims for Damages...3.18, 4.3.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2, 10.1.4
cl aims subject to Azbitratton ................. 4.3.2,4.4.4,4.5.1
C~eaning Up ................................... 3.1S, 6.3
· Oomm~:~nenl of $tatutoq' IJmltatlo~ Pndod .......... ~3.7
Comme~cemeat of the Work, Conditions Relating to ....... 2.1.2,
2.2.1, 3.2.1, 3.2.2, 3.7.1, 3.10.1, 3.12.6, 4.3.7, 5.2.1,
6.2.2, 8.1.2, 8.22, 9.2, 11.1.3, 11.3.6, 11.4.1
Conmaencemeat of the Work, l)¢falition o f ............... 8.1.2
Communications Facilitating Contract
Administration ........................ 3.9.1,4.2.4,5.2.1
Completion, CondRlons Relating to ....... 3.11,3.15,4.2.2;4.2.9,
4.32, 9.4.2, 9.8, 9.9.1, 9.10, 11.3.5, 12.2.2, 13.7.1
COMPLETION, pAYMEN'I~ AND ......................... 2
Complction,'$ubstamial ......... 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3,
9.8, 9.9.1, 12.22, 13.7
Compliance with Law~ ...... 1.3,3.6,3.7,3.13,4.1.1,1022,11.1,
11.3, 13.1; 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3
Concealed or Unlmown Conditions ..................... 4.5.6
Conditions o f the Contract .................. 1.1.1, 1.1.7,6.1.1
Consent, Wdtten .................. 1.3.1, 3.12.8, 3.14.2, 4.1.2,
4.3.4, 4.5.5, 9.3.2, 9.8.2, 9.9.1, 9.102, 9.10.3,10.1~, 10.1.3,
11.3.1, 11,3,1.4, 11.3.11, 132, 13.4.2
COI~TRUCTIONBY oWHER OR BY' ,~EPARATE
CONTI~OTO~$ .............................. 1.1.4'6
ConstmctIoa C~_nSe Dlrocthrc, D¢finltiofl of .............. 7.3.1
Oonl~ Chlmge Dlrectlvel .... 1.1.1, 4.2.~, 7.1, ?.8, 9.3.1.1
Construction ~lu~, Omtract6r's ............... 3.10,6.1.3
C~tln~t~t A~l~ment ~f $~a~rac~ ..... ........... 5.4
co~ contmot Pe~ormance .................... 4.8,4
Cofltract, De. flniskm of ........ ; ...................... 1.1.2
SUSPEHSIOH OF THE .................. 4'3.7,5.4.1.1,14
Contract Aclmln~ratiofl ..................... 3.3.3,4'9.4'9.5
Contract AwaM and Ea~ecution, Condtt~ns ~ '~ "g ~o ...... 3.7.1,
3.10, 52, 9.2, ILLS, 11.3.6, llA;l-
OOOtl'act I~l~ent~ The '. ....................... t.1, 1.2,7
Contract Documents, Cop~ IMmlshcd and Uac of... 13,22.5,5.3
Contlact Docum~ts, D¢Stdtlo~ o f ..................... l.l.l
Conuact pet fotmancc Dud~ Aeoitmtlon ............ 4.3A, 4.3.3
Contract ~ual ................... 3.8, 4.3.6, 4.3.7, 4.4.4' 5.2,3,
6.1.3, 7.2, 7.3, 5.~, 9.7, 11.3.1, 1Z2A, 123, 14.2.4
C~raot ~um, DeanMon of.. ........................... 0,1
Contract Time ................. 4.3.6,4.3.8,44.4,7.2.1.3,7.5,
8.2.1, 82,.1, 9.7, 12.1.1
Contract r{m¢, I~t~o~ of_ .......................... 8.1.1
.................. a ..L,,~ Mab~d~ IL~. dDal~l~llh~ M II~d la &llb~lN~ lO BdO~ll P¢~)~Ol,ltiQ~'
CO{~CTOR ....................................... 3
Contractor, Definition of ........... , .............. 3.1,6.1.2
Contraoior,l ~on~ltu~on $1~a~luh~s ............. 3.10,6.1.3
Gontractor's Employees ....... 3.3.2,3.4.2,3.8.1,3.9,3.18,4.2.3,
Contraoto,t'$ UabllHy Intaa tahoe ....................... 11.1
Contractor's Relationship with Separate Contractors
and Own~'s Forces ...... 2.2.6, 3.12.5, 3.14.2, 4.2:4, 6, 12.2.5
Contractor's Rcl~onsh¥ with Subcontractors, ...... .1.2 41, 3 .3.2,
Contractor'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
Co~tractor's Review o f Contract Documems ...... 1.2.2, 3.2, 3.7.3
Contractor's Right to Stop thc Work ....................... 9.7
Contraoo~'s Right to Terminate thc Contract .............. 14.1
Contraetoes Submmats ....... 3AO, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3,
Contractor's Superintendent ...................... 3.9, 10.2.6
Comractor's Supervision and Construction Procedures ...... 1.2.4,
3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, 10
Contractual IAability Insurance ................. 11.1.1.7,11.2.1
Coordination and Correlation ............... 1.2.2,1.2.4,3.3.1,
CoplcsFumishedofDrawtngsandSpecificatlons .-. 1.3,2.2.5,3.11
Correction of Work ..................... 23, 2.4, 4.2.1, 9,~.2,
Cost, Definition of ............................ 7.3.6, 14.3.5
Costs .... 2.4,3.2.1,3.7.4,3.8.2,3.15.2,4.3.6,4.3.7,4.3.8.1,5.2.3,
~Ulga~ and Pt~tchl~l ........................... 3.14,.6.2.6
Dam,~ to ComstmcUon o f Ownm' or Sqmuate Cont factors 3.14.2,
Damage to thc Work ..... 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3
Damages, Claims for.. 3.18, 4,3.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2, 10A-4
D~m?'$ for Dulay ........... ~; .......... 6.1.1,8.3.3,9.5.1.6,9.7
Date of Commenocmcnl of the Work, Defir, ltion of ......... 8.1.2
Date of 8ul~tantlal Completion, Definition o f .............. 8.1.3
Day, Definition ol ................................... 8.1.4
D~clsions o f the Architect ...... 42.6,4.2.7,42.11,42.12,4.2.13,
De0{aion~ to Withhold 0*ftlfto~km .......... 8~$, 9,7, 14.1.1.3
Ddecdv~ o~ Nononnfonnlng Work, Acceptance,
Re~.nlon and Correction of ....... · .... 2.3, 2A, 3 5.!, 4.2.1,
Defecfiv~ Work, DefinRlcm of ......................... 3.5.1
Dela~ Ired Extett$10n~ 0f TImo .......... 4.3.1,4,3.8.1,4.3.8,2,
Dlsputc~ ............ 4.1.4, 43, 4.4, 4.5,6.2.5, 6.3, 7.3.8, 9.3.1.2
Doc~nen~ ~nd $0~np[~ at the 3i~ ...................... 3.11
Dlawtn~ De~mlflon o f ............................... 1,1,5
Dmwhss and 8p~Ukatiom, U~e and ~f ..... 1.1.1,.t3,
i:~ty M RcvJc~ Omuaa mu md FJeM CG~dMons ..... 3.2
Bfl~.tive D~e of imunncc ...................... 82.2, i1.1.2
Em~qlenoles ................................. 4,3.7,10.3
Employcez, Contractor's .......... 3.3.2,3.4.2,3.8.1,3.9,3.18.1,
Equipment, Labor, Materials and .......... 1.1.3, 1.1.6, 3.4, 3.5.1,
Execution and Progre-~ of the Work ....... 1.1.3, 1.2.3,3.2,3.4.1,
Execution, Con'elation and Intent of the
Gontract Documonts .: ........................ 1.3,3.7.1
Extensions of Time ............. 4.3.1, 4.3.8, 7.2.1.3, 8.3, 10.3.1
Fallu~ of Paymem by Contractor .............. 9.5.1.3, 14.2.1.2
FalluteofPaymeatbyOwner ............. -... 4.3.7,9.7, 14.1.3
Faulty Work (See Defective or lqoflconfonning Work)
FI~M Oomplotlon and Phial PayMt-'qli ........ 4.2.1,4.2.9,4.3.2,
Financial Arrangements, Owner's ....................... 2,2.1
Fire and Extended C0verage ltmurance ................... 11.3
13.1
Guarantees (See Warranty and Warranties)
Hazardous Matextals ............ - ................ 10.1, 10.2.4
identlficaOon o f Cont tact Documonts ................... 1.2.1
idemlflcation o f Subconttactors and Suppliers ............. 5.2.1
ififfot~tlago~ and $or/io~$ i~i~lM oJ th~ Owner ..... 2.1.2, 2~.,
in}ur/or Damag~ t0 p~on or pro~ ................ 4.8.9
lnspecflofls ...... . ................... 3.3.3, 3.3.4, 3.7.1, 42-2,
ha.sttuctions to the Contractor .... 3.8.1,4.2.8,5.2.1,7, 12.1, 13.5.2
[~m.,m~:~e, ~oSer and Machl~ .................... 11,3.2
fosurancc, Effective Date o f ..................... 8.2.2, 11.1.2
kt~urlul~ Lo~ o{ U~ .............................. 11.3.3
I~URANC~ Al~ BONt~ ............................. 11
inmrance Compaq, Comont to PatUal Occupancy..9.9.1,113.11
Insurance Colnpaule$, Settlement with ................. 11.3.10
Intent of the ConWacx Documents ................ 1.2.3,3.12.4,
4.2.6! 4.2.77 4.2.12, 4.2.13, 7.4.
Interpretations, Written .................. 4.2.11,4.2.12,4.3.7
Joindcr and Con,soUdadon of Chtm$ Required ............. 4.5.6
4udgn~nt on Fbml Award ................ 4.5.1,4.5.4.1,4.$.?
Labor Dlsput~ ..................................... 8.3.1
Lawa and Ilegulatlon$ ....... 1.3,3.6,3.7,3.13,4.1.1,4.5.5,4.-5.7,
Uem .................. 2.1.2,43.2,4.3.5.1,8.2.2,9.3.3,9.10.2
IJmltatloo on (~ ~ Johl~' ................ 4.6.5
Uml~atlom,,~atutcs of ................... 4.5.4.2, 12.2.6, 13.7
Umi~lons of Audlodty ~ ................... 3.3.1, 4,1.2, 4.2A,
.MA· * O 19~7 THE AM~IIC. AN ~, i~OT[O1~ ARCllfl'~71~ 17~5 N~W YO~K AV[NUE' N'W'' W'~gN6~l' D'C 20006
ki01-'l~87 S
Limitations o f Liability ..... 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12 .8, 3.12.11,
3.17, 3.18, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.10.4,
10.1.4, 10.2.5, 11.1.2, 11.2.1, 11.3.7, 13.4.2, 13.5.2
Limitations of Tbne, C, eneral ........... 2.2.1,2.2.4,3.2.1,3.7.3,
3.8.2, 3.10, 3.12.5, 3.15.1, 4.2.1, 4.2.7, 4.2.11, 4.3.2,
4.3.3, 4.3.4,4.3.6, 4.3.9, 4.5.4.2, 5.2.~, 5.2.3, 6.2.4, 7.3.4, 7.4,
8.2, 9.5, 9.6.2, 9.8, 9.9, 9.10, 11.1,3, 11.3.1, 11.3.2, 11.3~5,
11.3.6, 12.2.1, 1~.2.2, 13.5, 13.7
Limitations o f Time, Specitlc ......... 2.1.2,22..1, 2.4 3.10, 3.11,
3.15.1, 4.2.1, 4.2,11, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9, 8.2,
912, 9.3.1, 9.3.3, 9..41, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 1L3.6,
11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, ~3.7, 14
Loss o! O~ Insurane~ ............................. 11.3.,q
Matettal Suppliers .............. 1.3 1,3 1.2.1,.4.2.4,4.2.6 5.2.1,
9.3.1, 9.3.1.2, 9.3.3, 9.4.2, 9.6.5,9.10.4
Materials, Hazardous ........................... 10.1, 10.2.4
Materials, Labor, Equipment and ..... 1.1.3, I .L6, 3.4, 3.5.1, 3.8.2,
3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 6.2.1,
7.3.6, 9.3.2, 9.3.3, 12.2.4, 14
Means, Methods, Techniques, Sequences and
ptoccdure~ o f Construction .......... 3.3.1,4.2.3,4.2.7,9.4.2
M[~Ot' ~ In th~ Wot~ ........ ~. 1.1 .I, 4.2.8, 4.3.7, 7.1, ?.4
MIS(~.I/.ANEOUS PROVISIONS ........................ 13
Modllleatlon$, l)¢fmltion o f ............. : ...... . ....... 1.1.1
Modifications to the Contract ........... 1. I. 1, 1.1.2, 3.7.3, 3.11,
4.1.2, 4.2.1, 5.2.3, 7, $.3.!, 9.7
.Mmu~ ne~oo~.mlity ................................ 6.2
HQf~onfonnin~ Wodc, ACCel~f~e of .................. 12.3
Nonconfom~Mg Work, Rejection and Correction of ........ 2.3.1,
4.3.5, 9.5.2, 9.8.2, 12, 13.7.1.3..
Notice ............. 2.3, 2.4, 3.2.1, 3.2.2, 3.7.3, 3.7.4, 3.9, 3.12.8,
3.12.9, 3.17, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1,
9.5.1, 9.6.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2,
12.2.4, 13.3, 13.5.1, 13.5.2, 14
Notice, Wlltte~ ............... 2.3, 2.4, 3 9, 3.12.8, 3.12.9, 4.3,
4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10,
10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 15.8, 13.5.2, 14
Notice of Testing artd lmepections ................ 13.5.1, 13.5.2
Notice to proceed .............................. ' ..... 8.2.2
Notl~ Pemtlts, Fees and ...... 2,2.3, $.7,.3.13, 7.3.6.4, IO-2.2
Obscf~rallons, .~x:hitcct's On-Site ................. 4.2.2,4.2.5,
' 4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5
Ob~.rvatio~, Contractor's ........... ~'- .... :; .... 1.2.2, 3.2.2
Occupancy ......................... 9.6.6,9.8.1,9.9,11.3.11
On-Site Itxspections by the Architect .......... 4.2.2,4.2.9,4.3.6,
9.4.2, 9.82, 9.9.2, 9.10.1
On-Site Obse~-vations by the Architect ......... 4.2.2, 42.5, 4.3.6,
9.4.2, 9.5.1, 9.10.1, 13.5
Orders, Written ............ 2.3,3.9,4.3.7,7,8.2.2,11.3.9,12.1,
12.2, 13.52, 14.3.1
OWNER ............................................. 2
Ownc~, Definition of .................................. 2.1
OWing, InfomlUo~ ii~l ~ef~i~ Required of Ihe ........ 2.1.2,
2.2~ 4.3.4, 6, 9, 10,1.4, 11,2, 11.3, 13.5.1, 14.1.1,5, 14.1.3
Owners AuOao~ty ......... 3.8.1,4.1.3, 4.2.9, 5.2.1, 5.2.4, 5.4.1,
7.3.1, 8.2.2, 9.3.1, 9.32., 11.4.1,122..4, 13.5.2, 142, 14.3.1
Owner, s Ft~ne~d Capability ................... 2.2,1,14.1.1.5
Ownee8 Llstalllty kmumn~e .......................... 11.:l
Owner's to~ of U~e Insurance ........................ 11.33
Ow[l~'$1~attot~ with $ubcotltractof$ ....... .~..;.;.. !*1.2,
5.Z.1, SA.I, 9.6.4
Owners 1~ ~o C:~W Out thc Work ........ 2.4, 12.2.4, 14.2.2.2
own~ Right to~b~n Up ............................
Owner's Right to Perform Constn~ctlon and to
Award Separate Co~tracts ............... ; .*;:,,, .... 6.1
Owner's Right to Stop the Work ................... 2.3, 4.3.7
Owner'S Right to Suspend thc Work'.. · ...... ....... ..... 14.3
Owner's Right to Terminate thc Contract ................. 14.2
Owhel~Mp Ind Use of Arohlteot'l Drawings, Specifications
ind Other Do~nto ................ l.l.l, 1,3,'2.2.5; 5.3
pal~ll Oc4~lml~y or U~ ................. 9.6.6, 9,9, 11.3.11
PMchh~l, Cuing and .......................... $.14,6.2.6
i~atent$, Royalties ind .............................. 3.17
Payiilellt, Appl~ltlo~i fo f ...... · .......... 4.2.5, 9.2, ~.3, 9.4,
9.5.1, 9.8.3, 9.10.1, ~.10.3, 9.10.4, 14.2.4
Pnyment, Cerll$cate~ lor ...........4.2.5, 4.2.9, 9.3.3, ~.4, 9.5,
9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4
payment, Filklre ol .......................... 4.3.7,9.5.1.3,
9.?, 9.10.2, 14.1.1.3, 14.2.1.2
Payment, Final ............ 4.2.1,4.2.9, 4.3.2, 4.3.5, 9. I O, 11.1.2,
11.1.3, 11.3.5, 12.3.1
Payment Bond, Pertolman~e Bond Ind .............. 7.3.6.4,
9.10.3, 11.3.9, 11.4
payments, Progtz~s$ .......................... 4.3.4, 9.3, 9.6,
9.8.3, 9.10.3, 13.6, 14.2.3
PAYMENTS ANO COMPI.ETION ...................... 9, 14
Pa~nent~ to Subcontractors .................... 5.42., 9.5.1.3,
9.6.2, 9.6.3, 9.6.4, 11.3.8, 14.2.1.2
PCB ................... ' ........................... 10.1
performance Bond and Payment Bond .................7.3.6.4,
9.10.3, 11.3.9, 11.4
pe~mlt$, Fees ~ Nollce$.: ..... 2.2.3,3.7, 3.13, 7.3.6.4, 10.2.2:
pErSOnS AND ~ROPERTY, PROTECTION O~ ............ 10
Pol~hlortnatcd Biphetayl ............................. 10.1
product Data, Definition of ........................... 3.12.2
Product D~tI Ind 8~ml~e*, Shop Drawings .... 3.11,~.1~, 4.2.7
Progress ind Co~p~Mion ................... 4.2.2, 4.3.4, $.2
Progre~ Plyment~ ............................ 4.3.4, 9.3,
~.~, 9.$.3, 9.10.3, 13.6, 14.2.3
Proje~ Definition of ibc .................. ;'. .......... 1.1.4
Prolecl Mimlal, Definition of the ...................... 1.1.7
Prolect l,~anual$ .................................... 2.2.5
Pro}cci P,¢pt~,ent ative$ ............................. 4.2.10
prol~fty instance ........................... 10.z.5,11.3
PROTECTIO~ OF PEI~:)f~ ANO PI~OPEI~'Y .............
Regulations and Laws ........ ;... 1.3; 3.6,3.7,3.13,4.1.1,4.5.5,
4.5.7, 10.22, 11.1, !1.3,'13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14
p, ejection of Wo{k ......................... 3.5.1,4.2.6, 12.2
Relea.~s o f Watver$ :md I.l~na ......................... 9.10.2
Rcpre.~nta~ns ......................... 1.22.,3.5.1,3.12.?,
6.2.2; 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1
Representatives.; .......................... 2.1.1, 3.1.1, 3.9,
4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1~., 13.2.1
Re~)lutlon ~f Clairol end Dl~l~te, .................. 4,4, 4.5
Respomlbllit y for Tho~e Performing the Work ............ 3.3.2,
42..3, 6.1.3, 6.2, I0
Rctalnage ............... 9.3A, 9.6.2, 9.$.3, 9.9.1, 9.10.2, 9.10,3_.
Condltlo~byCon~mctor ...... .'.. :.. 1.22,$.~ 3.7.3, 3.12.7
RL-Mew of Contractor's Submltub blt
Owner a~l Architect ............. 3.10.1, 3.10.2, 3.11, 3.12,
4.2.7, 4.2.9, 5.2.1, 5.l.3, 92, 9.8.2
Ind ,~ta~ br Comract~r ........................3.12.~
I~ Ind J ............ : L1.2,1.3, 2.4, 3.5.1, 3A5.2,
~.2 6, 43.{, 4.5, 5.3, 6.1, 6.3 7.3.1 $.3.1,9.5.1,9.?, I0.Z.5,
' ' ' 10.3, 1~.2.2, 1~.2.4, 11.4, 14
Ro~lllei ind Pllenll ............................... $,17
4 A201-1~7
Al~ DO~IJIIEIff Algl *C.~X
Al,&" · O rgB7 TH~ -~al~7,~q II~z ftWr~ OF KItCiIIT~CT~' 1735 ~ YO~K AV~'~I'~ ~LW'' W'~llix~TO~ D'C' 20006
Rules and Hotl~e~ fo~ A~oltration. .................... 4.6.2
....................... 10.2
S~ety of persons and ProperbJ 4.2.3, 4.2.7,10.1
Safety pre(mutlons ~ Programs ...........
Samples, Definition of ..............................
$~d~'nt Hie ~1~, Do~lm®nis and ................... ~"'
$ohedole of ¥alues ............................. 9.2,9.3.1
3.1o
Co--on .................... l i.il ;i{ .il 4.2.4,
Separate Contracts and Contractors ..........
4.5.5, 6, 11.3.7, 12.1.2, 12.2.5
Shop Drawings, Deflnlt Ion o f .............. ' .......... 3.12.1
Shop Drl~ings, Prodoot Dala and 3am~ .... 3.11,3.12,4.2.7
Site, Us~ of .............................. $.13, 6.1.1,6.2;1
Site Inspections... 1.2.2, 3.3.4, 4.2.2, 4.2.9, 4.3.6, 9.8.2, 9.10.1, 13.5
$tte Visits, Architect's .................4.2.2, 4.2.5, 4.2.9, 4.3.6,
9.4.2, 9.5.1, 9.8.2, 9.9.2, 9.10;1, 13.5
Spccial.lnspectlons and Testing .............. 4.2.6, 12.2.1, 13.5
Sp~4~lcations, Dentition o f the ....................... 1.1.0
1.1.1,1.1.0, l.l.?, 1.2.4, 1.3, 3.11
Spe~ The .......... 4.5.4.2, 12.2.6, 13.7
Statutes of Limitations ....................
~topplng the Work ............. 2.3,4.3.'/,9.7, 10.1.2, 10.3, 14.1
.Sto~-d Materials ........... 6.2.1, 9.3.2, 10.2.1.2, 11.3.L4, 12.2.4
Subeonttacto f, De.~ln~on o f ........................... 5.1.1
~JBOOHTRACt'OI~ ..................................
. 1.2.4,3.3.2,3.12.1,
Subcontractors, Workby ................. 4.2.3, 5.3, 5.4
Sul3contrnciual Relations .............. S.S, 5.4,9.3.1.2,9.6.2,
9.6.3, 9.6.4, 10.2.1, 11.3.7, 11.3.8, 14.1.1, 14.2.1.2, 14.3.2
Submittals ......... 1.3, 3.2.3, 3.10, 3.11,3.12, 4.2.7, 5.2.1, 5.2.3,
7.3.6, 9.2, 9.5.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 11.1.3
$tlbfogsdioll, WIgvef$ of ................. 6.1.1, 11.3.5,11.'~,?
Substan~al Completion ............. 4.2.9, 4.3.5.2, 8.1.1, 0,1.3,
8.2.3, 9,9, 9.9.1, 12.2.1, 12.2.2, 13.7
Sub6tantial Completion, Detinit ion o f .................... 9.8.1
Substhution of ~bcontractors .................... 5.2.3,5.2.4
SubStitution o f thc Are. hitect ........................... 4.1.3
Substitutions of Matcriats ............................. 3.5.1
.................... 5.1.2
Sut~ubconsractor, Definition of ... 4.3.6
Subsurface Conditions ...............................
8u~se$o~ nnd A~igns ............................
.......... 3.9, 10.2.6
...... 1 .4, 9.9, 3.4,.
4.Z.3, 4.3.4, 6.1.3, 6.2,4, 7.1.3, 7.3.4, 8.2, 8.3.1, 10, 12, 14
Surety ............... 4.4.1, 4.4.4, 5.4.1.2, 9.10.2, 9.10.3,14-2.2
Surety, Colx~mt of ....................... 9.9.1,9.10.2, 9.10.3
. 2.2.2, 3.18.3
Suspension by the Owner for Convenience ............. 14.3
Suspension of the Work ............. 4.3.7, 5.4.2, 14.1.1.4, 14.3
Suspension or Termination of the Contrsct - · ..... 4.3.7,5.4.1.1,14
TIX~ ...................................... 3.$, 7.3.6.4
Temllnagon by the Contractor ........................ 14.1
Termlnagon by the Owner for Cause ............. 5.4.1.1,14.2
Termination of th~ Architect... ....................... 4.1.3
Tennltution of thc Contractor ........................ 14.2.2
TERMINATIOH OR SUSPENSION OF THE COHTRACT ...... 14
Tests and Inspections ..... 3.3.3, 4.2.6, 4.2.9, 9.4.2, 12.2.1,13-5
01. .............
Time Limits, Specific ......... 2.1.2~ 2.2.1, 2.4, 5.10, 3.11, 5.15.1,
4.2.1, 4.2.11, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.2, 9.3.1,
9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10,
11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14
Tlmo riklis on Claims ......... 4.3.2, 4.8.$, 4.3.6, 4.3.9, 4A, 4.5
Title to Work ...- ..... ...-' ...................... 9.3.2,9.3.3
Uncovegng of Work ................................ 12.1
Unfote~en Conditions ..................... 4.3.6, 8.3.1,10.1
Unit Prices .................................. 7.L4, 7~3.3.2
IJse of Documenss ................. 1.1.1, 1.3,2.2.5,3.12.7,5-3
Use ol Site .............................. 3.13, 6.1.1, 6.2.1
Viik~, ~d~ of ............................
Waiver o{ Claln~: ~lnal Pa)'ment ........... 4.3.5,4.5.1,9.10.3
Waiver o f Claimil by thc Architect ...................... 13.4.2
Walvc~ of Clain~ by the Contractor ......... 9.10.4, 11.3.7, 13.4.2
Wal,,-er of Claims by the Owner .............. 4.3.5,4.5.1,9.9.3,
9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.2
Waive~ of IAens .................................... 9.10.2
Wai¥cts of Subrogation ...................6.1.1, 11.3.5, 11.3.7
Weathe~ De. lars ................................... 4.3.8.2
When Att)~-atlon May Be Demanded .................. 4.5.4
nor I I 3
Work, Definttio ......... ' ..........................
Written Consent .............. 1.3.1, 3.12.8, 3.14.2, 4.1.2, 4.3.4,
4.5.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 10.1.3,
11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2
Written Interpretations ................... 4.2.11, 4~..12, 4.3.7
Wltlt~ ~loli0~ ...... ..... 2.312.4, 3-9, 3' 12'8, 3'12'9' 4'3' 4.4'4'
4.5, 5.2.1, 5.3, 5.4,1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10, 10.1.2,
10.2.6, 11.1.5, 11.3, 12.2.2, 12.2.4, 13,3, 13.5.2, 14
Written Ordet~ .............................. 2.3,5.9,4.5.7,
7, 8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.5.1
A201-1~7
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
ARTICLE 1
GENERAL PROVISIONS
1.1 BASK~ DERHITK~S
1.1.1 THE CONTRACT DOCUMENTS
The Contract Documents consist of the Agreement i:~-tween
Owner and Contractor (hereinafter the Agreement), Conditions
of the Contract (General, Supplementary and other Conditions),
Drawings, Speeiflcations, addenda issued prior to execution of
the Contract, other documents listed in the Agreement and
Modifications issued after execution of the Contract. ~: Modifi-
cation is (1) a written amendment to the Contract signed by
both pa~des, (2) a Change Order, O) a Construction Change
Directive or (4) a written orde~ for a minor ch~.ge in the Work
issued by the Architect. Unless specifically enumerated in the
Agreement, the Contract Documents do not include other
documents such as bidding £equffements (advertisement or
invitation to bid, Instructions to Bidders, sample forms, the
Contractor's bid or port/om of addenda l~..lating to bidding
req~ts).
The Contract Documents form the Contract for Construction.
The Contract represents the entire and integrated agreement
between the p~rties hereto and supersedes prior negotiations,
representations or agieements, tither written or oral. The Con-
tract may be amended or modified only by a Modification. The
Contract Documents shall not be construed to c~eate a contrac-
tual t'ehtionsbip of any kind (1) between the Aw. bit~t and Con-:
tractor, (2) between the Owner and a Subcontractor or Sub-
subcotui~ctor or O) betwee~ any persons or entities other than
the Owner and Contractor. The Architect shall, however, be
entitled to pedonnance and enforcement of obligations under
the Contract intended to facilitate performance'of the
Architect's duti~.
1.1.8 ~ WOrK
The term "Work" mcan$ the constn~.ion and services
required by the Contract Documents, whether completed or
parMally completed, and Includes all other labor, mateflais,
equipmealt and services provided or to be provided by the
Conuactor to fulfill the Cotumaor's obligations. The Work
ma}. constitute the whole or a part of the Project.
The Project is thc total construction of which the Work per-
formed unde~r the Contract Documents may be the whole or a
part and which may include eonstnlctlon by the Owner or by
separate cont.'tots.
The Drawings are the iFaphlc md pictorial portiolts of the COn'
showing the deign, location and dlmens/ons of the Work,
1.1.6 THE ~:ECFICA110NS ~
ment, construction systems, standards and workmanship for
the Work, and performance of related services.
1.1.7 THE PROJECT MANUAL
Thc PwJect Manual is the volume usually assembled for the
Work which may include the bidding requirements, sample
force, Conditions of the Contract and Specifications.
1.2 EXECU'HON, CORREt. ATION AND INTENT
1.2.1 The Contract Documents shall be signed by the Owner
and Contractor as provided in the Agreement. ff tither the
Owner or Contractor or both do not sign all the Contract
1.22. Execution of the Contract by the ContmcWr 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 requLre-
1.2.3 The intent of the Contract Documents is to include all
items necessary for the proper execution and completion of the
Work by the Contractor. Thc Contract Documents are comple-
mentary, and what is required by one shall be as binding as ff
required by all; perfon'nance by the Contractor shall be
required only to the extent consistent with the Contract Docu~
ments and reasonably inf~n~le from them as being necessar'y
to produce the intended results.
1.2.40q~mization of the Spect~ations into divisions, sections
and articles, and arrangement of Dtawinga shall not control the
Contractor in dividing the Work among Subcontractors or in
estabi~hing the extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated in the Conuact Docaments,
words which have Well-known technical or construction indus-
t:T meanings are used in the Contract Documents in accord-
ance with such n~agntzed meshing.
1.3 ~ ANO USE OF N~ITECT'$
1.8.1 'rbe Drawings, Speeifications and other documents
pre~ by tbe Architect are instruments of the Architect's
service th/ongh wbich the Work to be executed by the Con-
record set. Neither the Contractor nor any Subcontractor, Sub-
anlx~nt~.-L'tor or maa:ml or equipment supplier shall own or
claim a copytlght in the Drawings, Spedltcations and other
documents pre~ by the Mcbitect, and unless otbe. m, be
indicated the Architect shall be deemed thc anthor of them and
Contractor's record ret, r, hall be returned or suitably accounted
for to the Arcbitect, on ~lUeat, upoe comPte~on ofthe Work.
by the Architect, and cop~ thete~ furnished to the Commc-
tot0 aw for use $oldy with t,e~peet to this Project. ~ne~/a~e not
to be nsed by the Contractor or any St/acomract~, Sub-
ects or for addltlom to'this Pwleet out~c the r, eo~e of thc
6 A201-1987
Work without the specific written consent of the Owner and
Architect. The Contractor, Subcontractors, Sub-subcontractors
and material or equipment suppliers are granted a limited
license to use and reproduce applicable portions of the Draw-
ings, Specifications and other documents prepared by the
Architect appropriate to and for use in the execution of their
Work under the Contract Documents. ~AIl.coples 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-
nectlon with this Project is not to be construed as publication
in derogation of the Architect's copyright or other reserved
1.4 CAPITALIZATION
1.4.1 Terms capitalized in these General Conditions include
those which axe (1) specifically defined, (2) the titles of num-
besed atMdes and identified references to paragraphs, subpara-
graphs and Clauses in the document or (3) the tides of o~er
doctunents published by the American Institute of Architects.
1.5 INTERPI~TATION
1.5.1 In the interest of brevity the Contract Documents fre-
quently omit modifyLq~ words such as "all" and "any" and arti-
cles such as "the" and "an," but the fact that a modifier or an
a~cle 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 Ag~ement and is referred to throughout the Contract
~ts as if singular m number. The temt' 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 wfltin~ information which is necessary and
relevant for the Contractor to evaluate, give nodee of or
enforce mechanic's lien lights. Such information shall include a
correct statement of the record legal tide to the property on
which the Project is looted, usually ref~ to as flax site, and
the Ownes's tntez~t therein at the time of execution of the
Agreement and, within live days after any change, information
of such change in tide, recorded or unrecorded.
2.2 INFORMATION AND ~
FIEQ~IRED OF THE OWNER
2.2.1 The Owner droll, at the request of the Contractor, prior
to execution of the Agreement and prompdy from time to time
thereafter, furnish to the Contractor reasonable evidence that
finant~l arrangoTlents ha~ b~efl llaade to fidflll tl~ Owllef$
obligations und~ the Contract. [Note: Unless suc, b reasonable
of the Pro,ct, sud a legal dec, cflption of the Mte.
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
b~ furnished by the Owner with reasonable prompmess to
avoid delay in orderly progress of the Work.
2.2.5 Unle~ otherwise provided in the Comma Docmea~;s,
the Comractor will be f~rni~hed, free of charge, such copies of
Drawings and Project Manuals as are reasonably necessary for
e~ecution of the Work·
2.2,6 The fol~going are in addition to other duties and respon-
sibilities of the Owner enumerated herein and espec~lly 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 RIQHT TO STOP THE WORK
2.3.1 If thc Contractor fails to correct work wldch is not in
accordance with thc requlrernents of thc Contract Documents
as required by. Paragraph 12.2 Or persistcndy fails to carry out
Work In accordance with thc Contract Documents, thc Owner,
by written order signed personally or by an agent spcciflcaUy so
empowered by thc Owner In writing, may order the Contrac-
tor to stop the Work, or any pot'don thereof, until thc cause for
such order has been climinarcd; however, thc dght of thc
Owner to stop thc Work shall not gtvc risc to a duty on thc part
of thc Owner to cxerdsc this right for thc bencfit of thc Con-
tractor or ahy other person or entity, except to thc c~tcnt
required by Subparagraph 6.1.3.
2,4 OWHER'S RIGHT TO CARRY OUT THE WORK
2.4.1 If thc Contractor defaults or nc?Icc*ts to carry out the
Work in accordance with the Contract Documents and fails
within a scven4ay period after receipt of written notice from
the Owner to conunencc and Continue corre.~on of such
default or neglect with diligence and promptness, thc Owner
may after such scven-day period give thc Contractor a second
wrkten notice to correct such dcliciendes wtthin a second
seven-day period. If thc Contractor within such second scvon-
day period after rccetpt of such second notice falls to corn:
mencc and con0nuc to correct any deficiencies, thc Owner
may, without prejudice to other remedies thc Owner may
Chansc Order shall bc Issued deducting fim~a paymeors then or
thercaf~t due thc'ConUactor'thc cost of co;rccting such dclt-
ctancies, including com~ for thc Architeet's additional
services and cxpenaes made n~ccssary by such default, neglect
or fallorc. Such action by the Owner and antounts charged t°
thc Contractor arc both subject to prior approval of thc Archi-
tect. If paymcms then or thescatter duc thc Contractor arc not
sufficient to cover such amounts, thc Conuactor shall pay' thc
diffesence to thc Owucr.
~--~'-'"~--"~-',, G~,411~d, C:OI4DII1Og~ OP THI Cotcr~CT FOR CONSTIUJCTION · ~
AiAo . ~t96.TTH~AJ~RICANI~,~t,~I~O~AI~ i-p.151q~WyOffitA~ql/E,H.W.,W~IIINGTO~D.C. 10006
An'rlcj~ 3
CONTRACTOR
3.1.1 Thc Contractor Is thc pemon or entity identified as such
tn the Agreement and is rcf~x,~d to throughout d~ C°ntract
Docom~ts as if singular in number. Thc tct'm "contractor"
me~ns d~c Cont~cm~ or the Conuactor's antho~
A201-t987 7
3.2.1 ~e ~n~or s~ ~e~y study ~d ~mp~e ~e
~m~ ~ wi~ ~ o~ md wt~ ~o~tlon
~h~ by ~e Omer pu~u~t ~ Subp~gmph 2,2.2
sh~ at on~ ~R to ~e ~te~ ~om, ~tend~ or
o~o~ ~v~ed. ~e ~ntm~or s~ not ~ ~ble to the
Own~ or ~ite~ for ~e r~ul~ ~om errom,
t~ o( o~1o~ ~ ~e ~m~ D~ ~ ~e
~n~or t~ $u~ ~or, ~Bt~ or o~sion
~d ~o~y ~ to ~ R to ~e ~t~t. If ~e ~n-
~or ~o~ ~y ~t~on ~ty ~O~ ir hvolv~
a ~ e~r, ~Bt~ or o~ion M ~e ~nt~a
~ wl~out su~ nofl~ to ~e ~t~, ~e ~n~c-
tor ~ ~me approp~te r~b~ty for $u~ ~ffor-
~ md s~ ~ m ~pwp~te ~ount of ~e a~bu~le
~s~ for co--on.
8.2~ ~e Cont~or ~ ~e fi~d m~r~ md v~
~ld ~n~ ~d ~ ~Y ~m~ ~ ~d m~-
~ ~d ~n~fio~ md o~f ~o~fion ~o~ to ~e
~n~or Wi~ ~e ~n~ ~ ~o~ ~en~g
~ r~ to ~e ~t~ at once.
3.2.3 ~e ~n~or ~ ~do~ ~e Wo~ M a~ce
wi~ ~e ~n~ ~en~ ~d submR~ approv~ pur-
ser to ~h 3.12.
3.3.1 ~e ~n~or $~ su~ md ~ ~e Work,
~ ~e ~n~or'$ ~t s~ ~d a~fion. ~e ~n~or
~ ~ ~l~y r~ble for ~d ~ve ~n~l o~ comec-
On m~, me~, t~qu~, ~uen~ ~d
~d for ~r~ ~ ~o~ of ~e Wo~ und~ ~e
~ ~ ~n~ ~ ~ve other s~c ~c-
35~ ~ ~n~or ~ ~ r~ible to ~ O~ for
~d ~ of ~e ~n~r's ~loy~, Su~n~ors
~m of ~e Work ~ a ~n~ ~ ~e ~n~or.
3.~.3 ~e ~n~or ~ not ~ ~ev~ of ob~tiom to ~r-
fo~ ~e Work ~ a~r~ ~ ~e ~n~
a~n' of ~e ~n~ or ~ t~, ~m or
~.4 ~ ~n~ ~ ~ ~ble for ~n of ~r-
~e ~t su~ ~o~ ~ ~ p~r ~n~tion to r~ve sub-
~u~t Work.
· e ~n~or $~ p~ ~d ~y for ~r, ~t~, eq~p-
m~ t~, ~n ~ md ~,
wh~ t~ or ~t md ~ or not
mt~ or to ~ ~m~ ~ ~ Work.
3.5 WAFII~CI'V
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-
merits, including substitutions not properly approved and
authorized, may be considered defective. The Contractor's
warranty exclude~ remedy for damage or defect caused by
abuse, modifications not executed by the Contractor, improper
or Insullt¢ient maintenance, improper operation, or normal
wear and teag under normal usage. If required by the Architect,
the Contractor.shall furnish satisfactory evidence as to the kind
and quality of materials and equipment.
$.6.1 The Contractor shall pay ~ales, consumer, use and similar
taxes for the Work or poltions thereof provided I~y the Con-
tractor which ~re legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely
scheduled to go into effect.
3.?.1 Unless otherwise provided in the Contract Documents,
the ConCractor shall secure and pay for the building permit and
other permits and governmental fees, licenses and inspections
necessary for proper execution and completion of the Work
which are c~stomanly $ecnsed afteg execution of the Contract
and which are legally required when bids are reeel'~ed or nego-
tiations concluded.
3.?.2 The Contractor shall comply with and give notices
required by laws, ordinances, niles, regulations and lawful
orders of public authorities bearing on performance of the
Work.
3.?.$ It is not the Contractor's respgnsibility to ascertain that
the Contract Documents are In accordance with applicable
la~.~, statutes, ordinances, building codes, and ndea and regnla-
tions. However, If the Contractor obi'yea that po~ons of the
Contract Do~-uments are at vm~ance therewith, the Contractor
shall promptly notify the ~rchlt~:t and Owner in writing, and
necer~u'y cha~4~es Shall be aceomplBhed by appropriate
Modification.
3.?.4 If th~ Contractor performs Work knowing It to be con-
trary to law$, statutes, o~dinarl~e$~ ~ codes, md ~ and
regulations without such notice to the A~hitect and Owner,
the Contractor ~ a.~r. un¢ full respomlblltty ilar at:ch Work
and ~ bear thc ~ttrlbutabie costs.
allowance~ stated In the Contract Documents. Items co~el~d
by allowmc~ shall be supplied for such amunnt$ and bY ~ueh
peraol~ or entities as ~ Owfler may direct, but the Contractor
shall not be required to employ pe~ons or entitles %Z~ln~t
wlach the Contractor make~ ~ obloetion.
Selected promptly by the Owner to avoid delay In the
Woe~
.~ alin~e~ ~ull e~e~ the o~t to the Contractor of
mate~ab and equipm~t delivered at the ~ md all
.8 Contractor's costs for unloading and handling at the
site, labor, installation costs, overhead, profit mad
other expenses contemplated for stated allowance
amounts shall be included in the Commct Sum and
not in the allowances;
.4 whenever costs are more than or less than aliowadces,
the Contract Sum shall be adjusted accordingly by
Change Order. The amount of the Chan~e Order shall
reflect (1) the difference between actual costs and the
allowances under Clause 3.8,2,2 and (2) changes in
0antractor's ~osts under Clause 3.8.2.3.
3.9
3.9.1 The Contractor shall employ a competent superinten-
dent and necessary assistants who shall be in attendance at the
Project site durk~g"performance of the Work. The superinten-
dent shall represent the Contractor, and. communications given
to the superintendent shall be as binding as ff given to the Con-
tractor. Important communications shall be confumed in wrk-
hag. Other colmnunicatlons shall be similarly confirmed on
vaitteri request in each ease.
3.10 OOh'lR~ga'O~'8 Ca:I~STS06'IiO~
3A0.1 The Contractor, promptly after bein4g 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 expeditions and practi-
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-
nated 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 recem
3.'11'
3..11.1 The Contractor shall maintain at the site for the Owner
one record copy of the Drafwtngs, Specifications, addenda,
Change Orde~ and other ldodlficatinns, in good order and
marked enstentiy to record changes and selectiom made during
constnlction, and in addition approved shop Drawings, Prod-
be available tO the Ardtitect sud shall be delivered to
tect for submRtal to the Own~ upon completion of the Work.
3.12 ~'40P [}RA~NO$, p~0OO6q' t},~T& ~
3..12..1 Shop Drawings are drawings, at%~ans, schedules and
other data specially prepared for the Work by the Contractor or
a Subcontractor, Sub-subcontractor, manufaCturer, supplier or
disttibutor tO illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, per-
formance eha~, ktstnsetious, broctlures, al%~rams and other
information fumisbed by the Contractor to illustrate materials
or equipment for some portion of the Work.
3.¶2.$$amples m-e physical examples which illustrate
matelfal$, equip~ent or workmanship and establish standards
by which the Work w~l be judged.
· 3.12A sbop brawlers, product mia, Samp~i and simiar sub'
initial Is to demormme for those portions of the Work for
which submittals arc requited the way the Contractor proposes
to conform to the information given and the design concept
expressed in the Contract Documents, Review by the Architect
is subject to the limitations of Subparagraph 4.2.7.
3.'12.$ The Contractor shall review, approve and submit to the
Architect Shop Drawings, Product Data, Samples and similar
submittals reqult~ by the Contract Documents with reason-
able prompmess and in such sequence as to cause no delay~ ~n
the Work or in the activities of the Owner or of separate con-
tractors. Submittals made by the Coutractor which are not
required by the Contract Documents may be returned wtthou~
action.
8.'12.6 The Contractor shall perform no portion of the Work
requiring submittal and review of Shop Drawings, product
Data, Samples o~ similar submittals until the respective submit-
tal has been approved by the Architect. Such Work shall be ha
accordance With approved submittals.
8.'12.? By approving and submitling Shop Drawings, product
Data, Samples and similar submittals, the Contractor represen~
that the Contractor has determined and verified materials, field
measurements and field construction criteria related thereto, or
will do so, and has checked and coordinated the information
contained wlthin such submittals with the requirements of the
Work and of the Contract Documents.
3.'12.6 The Contractor shall not be relieved of responsibility
for deviations from requirements of the Contract Document~
by the Architect's approval of Shop Drawings, Product Data,
Sample~ or similar submittals unlegs the Contractor has
specifically informed the Architect in writing of such deviation
at the time of submittal and the Architect has given written
approval to the specific deviation. The Contractor shall not be
relieved of responsibility for errors or omissions in Shop Draw-
ings, Product Data, Samples or similar submittals by the Archi-
tect's approval thereo£
3.1~'.9 The Contractor shall direct specific attention, in writing
or on resubmitted Shop Drawings, Product Data, Samples or
simliar submittals, to revisions other than those requested by
the Arc. htfect on previous submittals.
$.'12.'10 Infotmatiohal submittals upon which the Architect is
not expected to take responslve action may be so identified in
3.'12..1.1 When proferxsionsl celMltcation o f performance ecitetta
of materials, sys~ms or equipment Is required by the Contract
Documents, the Architect shall be entitled to rdy upon the
accuracy and comp~ete~as of such calculations and
6.13
3.'13.1 Tbe Com~ctor ~ con[mc Opcratinns at the site
Do~mc~ts and sh~ ~ot unseasor~aly enc~aber thc ~itc with
m~ed3~ o~ ecl~pment.
3.14 C~"~ -~10 pATCHIt~ "
3.14.1 Thc Comr~aor ~ be t~sponsibic for c,u~g, ~tti~
or l~-chi~g req~-ed to compk'tc thc Work o~ to m~¢ tts P3~
o~ thc Work o~ ~1~' or p3~ally com@lc'~d co~tmc~n ot mc
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 con$ent to cutting or otherwise altering the Work.
8.18 Ct. EAI4114O UP
3.15.1 'The Contractor shall keep the premises and sttrround-
i~g area free from accumulation of waste materials or rubbish
caused t~y operations under the Contract. At completion of the
Work the Contractor shall remove from and about the Project
equipment, machinery and Surplus materials.
8.15.2 If the Contractor fails to clean up as provtded in the
Contract Documents, the Owne~ may do so and the cost
thereof shall be charged to the Contractor.
8.16 AOCESS TO WO~(
8.15.1 The Contractor shall provide the Owner and Architect
access to the Work In preparation and progress wherever
located.
8.17 ROYALTIES AHD pATEHT$
$.17.1 The ConUactor shall pay all royaltie* and license fees.
The Contractor shall defend Suits or claims for infringement of
patent rlghts and shall hold the Owner and Architect harmless
from loss on acooum thereof, but shall not be responsible for
.such 'defense or loss ~ a pafficul~ design~ plx~ess or prod-
. uct of a partlcnlar manufactorer or manufactorers ts required bY
the Contract Documents. However, if the Contractor has rea-
son to believe that the required desigr~ process ns product IS an
infringement ora patent, the Contractor shall be responsible for
such loss unless such Information Is promptly furnished to the
Architect.
3.16 IFIDF..MNIF'iC~TIOt4
3.18.1 TO the fullest extent permitted by law, the Cootract~;c
shall indemnify and hold hamtiess the Owner, Architect, Archi-
tect'$ o:msnltants, and agents and employees of any of them
from and ,~o~inst claims, damages, losses and eaqle~, includ-
Ing but not limited to attorneys' fees, artslng out of or t~ulting
from performance of the Work, provided that such claim, dam-
age, loss or ew/x:nse ts attributable to bodily injur/, rddmess,
dLsease or dcath, or to Injmy to or destruction of tangible ProP'
etxy (orbe~ than the Work ltsd0 including 1o~ of use resulting
therefrom, but only to the extent caused in whole or in part by
negligent acts or oml~lo~ of the Contractor, a Subcontractor,
anyone directly or indfrectiy employed by them or anyone for
who~e a~ts they may be liable, regatd!e~ of whcth~- or not
such claim, damage, inc, s or expeme B cansed In p~'t by a patty
Indemnlfiext bel~under, such obl!gation shall not be construed
to ti~ate, abridge, or R~luee other fights or obligatiolas of
indemnity which would otherwise exist as to a party or petson
dec, chi>ed In this Paragraph 3.18.
8.18,2 In claims ~Zalnst any person or entity indemnified
unde~ this Par4waph 3.18 by an employee of the Contractor. a
Subomtraaor, anyone dlvect~ or indirectly employed by them
tion obltgatfon undor this Paragraph 5.~ 8 shall not be limited bY
~ limitation on amount or type of damages, eompemation or
ben. ts ~yable by or for the Contractor or a Subcontractor
S.1~-$ The ob~tm~ o{ ~: Cuntme, or ruder ~ .V?~a. ~h
tect's consultants, and agents and employees of any of them
arising out of(l) the preparation or approvalof maps, drawings,
opiniorl$, reports, $~rveys, 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 ,COHTRACT
4.1.1 The Architect i~ .the person lawfully licensed to practice
architecture or an entity lawfuUy practicing architecture lden-
tiffed as such in thc Agreement and is referred tO throllghout
the Contract Documents as ff singular in number. The teem
"Aw. hbect" means the Architect or the Amhltect's anthotized
representative.
4.1.2 Duties, responsibilities and limit~tions of authotiV/of the
ArchRect as sct forth in the ConWact Documents shall not be
resUtcted, modified or extended without wtitten consent of the
Owner, Coutract0r and Architect. Consa~t sh~l not be unsea-
sonably widOw, id.
4.1.:3 In ~ of tennin3tion of employmem of the Archi~ea,
the Owner sh311 3ppoInt an ~rchitect o~h~st whom the Con-
tractor m3kes no reasomble objec'~on ~ whose status under
the Contract Documents sl~l be that of the former asch/tect.
~.1.4 Dispute~ ~sin~ under Subpar~h~ 4.1.2 and 4A.3
sh~ be sub~'t to arbltm~on.
4.2.1 The A~chitea will provide adminisw3tion of ~ Contr3ct
as described in the Contraa Documents, and wili be the
Owner's repr~tive Il) during constmainn, {2) until ~
pa~mem is due and (~) with the Owner's concurrence, from
time to ~hue ~ the cozrection period described in P~w~-
graph 12.2. Th~ Architect will ~lvise and cons~t with the
Owner. The Architect w/I h~v¢ anthoflty to ac~ on behal/of the
Owner only to rye extent provided in the Cunu'3a Documents,
unl~s odm'wise modified by written insmana~t in acuorchncu
w/th other provts~ of the Contraa.
42~ The A/chltect will v/sit the site ~ intav~ ~q~pwprhte m
the Stage of ~ to bl~:orfle ~l¢l~lly r~mnl~r with the
progre~ and quality of the completed Work and to de~emdn¢
In getmul it the Work Is being perforated in a mann~ Indicat-
the Contract Doenments. However, the ArchRect wffi not be
required to make exhaustive or continuous on-alte Inspecifons
to check qualit~ or quantitr of the Wok. On the basis of on-
alte ob~er~atiom as an architect, the A]xtfltect wtll keep the
Owne~ informed of progress of the Woflq and will endcavor to
guard the Own~ agalmt defects and (lef]ctel~te$ Itl thc W .o;.k.
4.2.$ The Architect will not have ~ontrol ove~ or ~ of and
will not be reapons~le for constluctlo~ mesm, methods,
tedmiqu~, ~ or procedures, or for aaf~ty pr~autton$
and programs in ~onneetion with the WoCk, $1no; these are
r~Idy thc Co~tra~or'$ mlX~n~b~ty as prov~:d In ~
5.5. Tbe Mchite~t will not be rcapon$1ble for tbe Contractor's
o( and wffi not be ~espoo.s/ble for ~ Or omissiom of the Con'
tractor, Subcontractors, or their agents or employees, or of any
other persons performing portions of the Work.
4.2.4 Communications Facilitating Contract Administra-
tion. Except as otherwise provided in the Contract Documents
or when direct communications have been specially autho-
rized, the Owner and Contractor Shall endeavor to communi-
cate through the Architect. Communications by and with the
Architect's consultants shall be through the Mchitect. Commu-
nications by and with Subcontractors and material suppliers
shall be through the Contractor. Communications by and with
separate contractors shall be through the Owner.
4,2.$ Based on the Architect's observations and evaluations of
the Contractor's Applications for Payment, the Architect will
review and certify the amounts due the Contractor and will
issue Certificates for Payment in such amounts.
4.2,6 The Architect will have authority tO reject Work which
does not conform to the Contract Documents. Whenever the
Architect considers R necessary or advisable for implementa-
tion of the Inte~t of the Contract Documents, the Architect w/Il
have authority to require additional inspection or testing of the
Work in accordance with sub~hs 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
r~ade in good fa/th 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, thdr agents or employees, or other persons perform-
lng 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 Drawio~s, Product Data and Samples, but only for the
limited purpose of checking for confomlance with inforfllation
given and the design concept expressed tn the Contract Docu-
ments. The/u'chitect's action will be taken with such reason-
able promptness as to cause no delay in the Work or id'the
activities of the Owner, Contractor or separate contractors,
while allowing Suffic/ent time in the Architect's profe~fonal
Judgment to permit adequate review. Review of such submittals
is not conducted for the purpose of determining the ~ccuracy
and cornpletene~ of other details such as dimensions and
quantities, or for sub~amiating instsuctinns for installation or
performance of equipment or $ysteana, ~ll of which remain the
l~ponalbillty of the Contractor as t-equlred by the Contract
Documents. The Architect's ~view of the Contractor's submit-
tais dtall not ~dieve the Contractor of the obligations under
Pam/~pha 3.3, 3.5 and 3.12. The A~hitect'$ review shall not
~te approval of safety precautions or, units otherwise
sped~:~ly ;tared by the Architect, of ant construction meres,
methods, techniques, sequences or procedures. The Aw..hltect's
approval of a apecific Rem shall not indicate approval of an
assembly of which the item is a component.
4,2,$ The Architect will ptepase Change orders and Construc-
tion Change Directives, and may authorize minor changes in
the Work as provided in Paragraph 7.4.
4.2.9 The Architect will condu~t ~ tO determine the
date or dates of Substantial Completion and the date of final
completion, will receive and fot~r;u'd to the O~ner for the
Owner's review and teces~ written warranties and R/ated
doenm~ts requ~d by the Contract and a.~mbkd by the
Contmaor, and will bsue a final ~ for Payment upon
4.2.10 If ~'te O~ ~ Aldfltec't q;t~,ti'~ A~ddt~a ~'~ti pr~
out the Architect's responsibilities at the site. The duties,
responsibilities and limitations of authority of such project
reDresealtatives shall be as set forth in an exhibit to be incorpo-
rated in the Contract Documents.
4.9.11 The Architect will interpret and decide matters concern-
ing performance under and requirements of the Contract
Documents on written request of either the Owner or Contrac-
tor. The Aw..hite&'s response to such requests will be made
with reasonable promptness and within any time limits agreed
upon. If no agreement is made concerning the time within
which interpretations required of the Architect shall be fur-
nished in compliance with this paragraph 4.2, then dehy ghall
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
ConUact Documents and will be in writing or in the form of
drawings. When mald~g s~tch inteq)retations and decisions, the
Architect wili endeavor to secure faithful pedorman~e by both
Owner and Contractor, will not show partiality to either and
will not be liable for ~esults of interpretations or decisions so
rendered in good faith.
4.2.1S The Architect's decisions on matters rehting to aesthetic
effect will be final if consistent with the intent expressed in the
4.8 CLAIMS ~ D{spUTES
4.8,'I Defl~tlofl. A Chim is a demand or asse~ion by one of
the partie~ seekin-g, as a matter of right, adjustment or interpre-
tation of Contract terms, payment of money, extension of time
or other relief with respect to the terms of the Contract. The
term "Cislm' also includes other disputes and matters in queS-
tion between the Owner and Contractor arising out of or relat-
ing to the Contract. Claims must be made by written notice.
The responsibility to substantLate Claims shall rest with the
party making the Chim.
4.3.2 Dec~ of Architect. chlms, inciudin~ those ~li~{ng
an ~ro~ or oraL, sion by thc Ard~Itect, ~ be referred {~Iri211y
to the Arddtect for ~io n as ptovid~d in Panq~aph 4.4. A deal-
s{on by th~ Archkect. as provkkd in Subl:ur~raPh 4.4.4, ~
be required as a condition precedent to ad)itottion o~ litigation
of a C_,latm I:~-me~m the Contractor and Owue; m to aIl SxKth
matters arising prior to the dare final payment is due, regardless
of(l) whcther such matters relate to execution and progress of
the Work of (Z) the extent to which the Work has been com-
pleted. The decision by the Architect in response to a Claim
shall not be a condition precedent to asbit~tion or litigation in
the event {1) the position og 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 subpa~raph 4.4A withid 30 daya after
the Chlm i$ made, (4) 45 da~ have passed after the Claim has
bern rdetred to the Am'titea or (5) the Chim relat/~- to a.
medmnle'a lien.
4.82 Time LIm~ on ~ain~. ~lalms by cithet party must be
m._.~e within 2 ! days at~er oceurren~ o~ the event givin~ flse t°
such Cl~im o£ within 21 da~s after thc dallnant first tcen~lz~
will not be ~ unless submitted in a timdy mannc~.
AIA DOCl/MENT A201 · GI;NEI
AIA® · 019~7 TH~AM~I~C. ANINSTITUT~OFA~ 17~5NB~'yO~KA~iD4UE. N.W,,VA,~*D'C'2~
...... ,.,~_~ .~b,,~dm, d~s. e Om,~,ght m md b ouNoct to lePl Pmsecvt~-
A201-1~7 1t
4.3.4 Contt~ls~l
luflOn of a ~ ~du~ ~l~flon, ~ otbe~e ~ed
~ ~ ~c Con~ctot ~ pt~ ~enfly ~ ~r-
m~ of ~e ~n~ ~d ~e O~er sh~ ~n~ue to ~e
~en~ M a~r~ wi~ ~e ~m~ct D~.
4.3.5 W~er
~t ~ ~mte a ~ver of ~ by ~e Owner
exit ~o~ ~g ~m:
.1 ~, C~, s~dty ~ter~ or ~cumbmc~
~g out of ~e Con~ md u~t~;
.2 ~u~ of ~e Work to ~mply with ~e requ~~
of ~c ~n~ ~cn~; o~
.3 t~ of ~ ~ ~ed by ~e ~n~
4.3.6 ~ ~r ~ or Un~n ~. ~ ~n-
~om ~ ~te~d at ~c site w~ ~ (1) $u~ or
o~ ~n~ ph~i~ ~fiom w~ ~ ~ted-
~y ~m
~o~ ph~i~ ~n~Uom of ~ ~ mmv, wM~ ~f-
fer ~t~y ~m
~<o~
~ pmy~ for
by ~e o~
pro.dy ~fore ~n~o~ ~e ~ md ~ ~ ~t ~tc;
~ 2
c~t of, ur ~c r~uir~ for, ~o~ of ~y
Wo~, ~ ~d ~ ~uble adjunct ~ ~c ~nt~
S~ ur ~n~ T~e, or ~. E ~e ~it~ ~e~ ~t
~e ~m at
~t~
t~ of ~c ~n~ b jm~, ~c ~lt~ ~ m no~
~c O~ ~d ~n~ctor ~ w~, su~ ~e ~.
~ by ~er ~ ~ ~n ~ s~ ~t~n"
m~ ~ ~ ~ 21 ~ ~ ~e ~t~ ~ ~v~
~fi~ of ~c ~on. ~ ~c O~ ~d ~n~or ~ot
~ ~ m a~m~t M ~e ~n~ S~ er ~n~ T~e,
· c a~t ~ ~ ~e~ to ~c ~it~ for ~ ~ter-
~n, ~bJ<t to M~ ~ pu~t to p~h
~.4.
~p~~~p~tO~
· c Wo~. P~r ~ b ~ ~ for ~ ~ tom
~
~h 10.3. If
~vo~ f~
~t~ ~m ~c ~t~ (2)
s~ ~ Wo~ w~ ~c ~or ~ not at ~t, (3) a ~t-
tm o~
t~, (4)
~n~ by ~ O~, (6) O~'s ~ or ~ o~er
4.3.8.1 ~ ~n~ur ~to ~c ~ brm ~
~d of p~ ~ of~y m ~ ~ Wo~. ~ ~
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 Pe~o,q or Property. If either patty
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
paxty within a reasonable time not eXceeding 21 days after first
observance. The notice shall provide sufficient detail to enable
the other party to investigate the matter. If a Claim for addi-
tional cost or time related to this Claim Is to be asseaxed, it shall
be filed as provided in Subparagraphs 4.3.7 ur 4.3.8.
4.4 i~,~LUFION OF {~M~8 ~ID I~I~W=8
4.4.1 The 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 pax~tl~s indicating when the Archi-
tect expects to take action, (3) reject the Claim in whole or in
paxt, staling reasons for rejection, (4) recommend approval of
the claim by the other patty Or (5) su4gest a compromise. The
Architect may also, but is not obligated to, noti~ the surety, ff
any, of the naO. u~ and amount of the Claim.
4.4.') Ifa Claim has been re~olved, the Architect will prepare or
obtain appropriate documentation.
4.4.$ If a Claim has not been resolved, the party making the
claim shall, within ten days after the Architect's preliminary
response, take one ot 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
foregoin4~ ~ of further evidence preaemx<l by thc parties or
requested by the Architect, the Architect will notify the patties
in writing that the Architect's d~iston will be made within
seven days, which decision shall be ~ and binding on the
pzrti~ but subject to mbitmtion. Upon explr~ion of such time
wrinen derision relative to the Claim, Including any dmnge in
the Contract Sum 0r Contr~t Time or both. If the. ge is a surety
and ~here appears to be a poss~lllty of a Contractor's default,
the Architect may, but B not obligated to, notify the surety and
4.$.1 Co.~,~OrM¢~ Imi Claims ~ to Altzli.,~)n. Any
~n~v~ or ~ ~ out of ur ~ ~ ~c ~,
~ ~c b~ ~f, '~ ~ ~ by ~l~n ~ ~r-
~ ~ ~ ~ ~ ~l~n R~ of ~c
a~d ~ by ~ ~l~r or ~1~ ~y ~ ~
a~p~~4.4.4~ ~ ~b~ ~
4.$.2 Rul~ and Hotl~ ~or Arbitration. Claims ~t~ ~e
Omer ~d ~n~or not ~olv~ und~ p~ph 4.4 s~,
ff subJ~ m ~bi~on ~d~ Sub~h 4.5.1, ~ d~d~
~bi~fion Rul~ of ~e ~ ~lmflon ~O~ ~r-
r~fly ~ ~, ~ ~e ~ mu~y ~ o~.
Nofl~ of d~d for ~bi~flon ~ be ~ ~ ~ wi~
~e o~ ~ to ~e ~t ~ ~e O~ ~d Con-
maor ~d ~ ~e m~m ~lmflon ~tion, md a
~py s~ ~ ~ed wi~ ~e ~t<t.
4.8.$ ~ ~ ~fl~ ~ ~ ~l-
~flon p~, ~e O~er ~d Conm~or s~ comply
~ Sub~h 4.3.4.
~n of ~Y C~ ~Y not ~ male ~ ~e ~ of (1)
~te on ~1~ ~e ~t~ ~ ~ a ~ ~Rm
~ on ~e ~, ¢) ~e tm~ ~y ~ ~e ~ ~ve pre-
~t~ e~ to ~e ~tt~ or ~ve ~ ~v~ r~le
op~ty m do ~o, If ~e M~t<t ~ not ~ a
~am ~on by ~t ~m, or (3) ~y of ~e five
d~d ~ Sub~h 4.3.2.
$.$A.1 ~ a ~ttm d~lon of ~e ~lt~ $~t~ ~at (1)
· e ~lon ~ ~ but ~b~ m ~l~fl~ md {2) a d~d
for ~m~n of a ~ ~ve~ by ~ ~Dn mm
m~ ~ 30 ~y$ ~ ~e ~te on ~ ~e ~ ~
d~d ~l~n ~ ~d 30 ~ys' ~ ~ ~t
~e ~t~'s d~ ~ ~ md b~g u~n
O~ ~d ~ntmcmr. ~ ~e ~t~ m~ a dec,ion ~er
~ltm~n p~ ~ve ~ ~t~ ~ d~n my
~ ~t~ ~ ~ld~ but a~ ~t ~e ~i~flon p~
~ ~ ~e d~Dn ~ a~le m ~ p~o
$~.$g A d~d for ~ltm~n s~ ~ ~ ~ ~e
~ ~ ~ S~ 4.5.1 md 4.5.4 ~d ~
4.5.4.1 ~ ~, ~d ~ o~er ~ ~ a ~mble
~ ~ ~e ~ ~ ~, md M no~t ~ it ~ ~
~ on au~ ~ w~ ~ ~ by ~ ~le ~tute
of ~m ~ d~ ~t m ~ 13.7.
~, by ~ or D~ or ~ my o~ ~er,
~ ~t~ ~ ~t~'$ ~ or ~, ~t
o~ ~ or ~ m~t to ~ j~. No ~m~
~ o~ ~ ~e O~, ~n~mr, a ~te ~nmc-
tor~~6~°~~Y
~1~ ~ a ~ q~on of ~ or hw ~ p~
~ or ~ ~ ~ ~e ~, ~r ~ a ~te
~ ~ ~ or ad~ ~ ~ to m ~l~n ~'
~ml~ m ~ ~ or ~fl~ ~ not ~m~ '
~~or~ddy~~
4.5.6 ~lmo 8nd Tim~/A.~ion of {~lm~. A party who
files a notice of demand for arbitration must assert in the
demand all Claims then known to that party on which arbitra-
tion is permitted to be demanded. When a party fails to Include
a Claim through oversight, inadve~tenee or excusable neglect,
or when a Claim has matured or been acquired subsequently,
the arbltsator or arbitrators may permit amendment.
4.5.7 Jtidgment on Final Award. The award rendered by the
arbitrator or arbitmtor~ $hall be final, and Judgment may be
entered upon it in accordance with applicable hw in any court
having jurisdiction thereof.
ARTICLE 5
SUBCONTRACTORS
5.1 DEFI~ITIOH~
5,1.1 A Subcontractor is a person or entity who has a direct
contract with the Contractor to perfoma a portion of the Work
at the stte, The tomn "Subcontractor" Is refen'ed m throughout
the Contract ~ts as ff sl~,ulas in number and means a
SubconUactor or an suthorhz~d representative of the Subcon-
tractor. The term "Sul~ontract0r" doe$ not include a separate
5.1.2 A Sub-subcontractor IS a person or entity who has a
direct or indirect contract with a Subcontractor m perform a
portion of the Work at the site. The term "Sub-subcontractor"
IS referred m throughout the Contract Documents as if singular
representative of the $ub-subcontnctor.
$.2 AWARD O~ 8UBCO~ffl~CT8 AND OTHF~
CONTRACTS FO~ PORTIONS OF THE WORK
5.2.1 Unless otherwise stated in thc Contract Doounents or
thc bidding ~cquiremcnts, thc Corrtractor, as soon as prac*
ticablc aftc~ ~ward o~ thc Co~tsact, shall furnish in writing ~o
thc Owner through thc Architcct the names of persons or cnti-
tics (including those who are to furnish matedais or equipment
fabricated m a special design) propo~d for each principal por-
tion of the Work. The Architect will promptly reply m the Con-
tractor In writing stating whether or not the Owno' or the
Architect, aft~ due lnVe$tlgatloth has reasonable objection to
any such propee, ed. person or entity. Failure of the Own~ or
Archlteg't to rep!r promptly shall constitute notice of no reason-
able objection.
$.~. The Contractor shall not contract with a proposed per-
son or emtty to whom tbe Own~ or A-'chltect has made rea-
sonable and timely objection. The Contractor shall not be
requh~:l to contract with anyone to whom ~ Contractor has
made reasonable objection.
$.2.8 If the Owner or Architect has ~ea*onable objection to a
pe~on or entry pmpo~M by the Contractor, the Contractor
shall propose another to whom the Owner or Amhltect bas no
reasonable objection. The Contract Sum $hall be lncn~z~ or
decreased by tbe dlf~enee tn co*t occasional by ~uch change
and an appropriate Change Orde~ ~ be Issued. However, no
unl~* the Contractor has actcd promptly and re~laonslvely In
$~A The Contractor ~ not change a Subcomracto{, pe~on
AIA DO~01dENT A~0$ · C~fi~L ~DIIIONS O~ ~31~ (~ITI''ACI' FOF' q2'A~ I ~t Am * ~ ~ t~'rlTlt t~Lu'~ t~l
AiAo , ~i967THEAMEYJCANIHSTJTUTSOFA~ 17~SH~WYO~KAYBq~F~
A201.1987 13
5.3 SUBCOHTRACTUAL RELATIOH~
5.3.1 By appropriate agreement, written where legally required
for validity, the Contractor shall require each Subcontractor, to
the extent of the Work to be performed by the Subcontractor,
to be bound to the Contractor by terms of the Contract Docu-
ments, and to aSSume toward the Contractor all the obligations
and responslbtlhies which the Contractor, by these Doen-
merits, assumes toward the Owner and Architect. Each subcon-
tract agreement shall preserve and protect the fights of the
Owner and Axchltect under the Contract Documents with
respect to the Work to be performed by the Subcontractor so
that subcontracting thereof will not prejudice such d~,hts, and
shall allow to the Subcontractor, unless specifically provided
otherwise in the subcontract agreement, the benefit of all
tights, renledies and redress against the Contractor that the
Contractor, by tl~ Contract Documents, has against the
Owner. Where appropriate, the Contractor shall require each
Subcontractor to enter into stmllas agreements with Sub-sub-
contractors. The Contractor shall make available to each pro-
posed Subcontractor, prior to the execution of the subcontract
agreement, enples 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 SUBCONll~TS
5.4.'1 Each subcontract agreement for a portion of the Work is
assigned by the Contractor to the Owner provided that:
.1 assignment is effective only after termination of the
Contract by the Owner for cause pursuant to Para-
graph 14.2 and only for those subcontract agreements
which the Owner accepts by notifying the Subcon-
tractor in writing; and
.2 assignment is subject to the prior rights of the surety,
if any, obligated under bond relating to the Contract.
5.4.2 If the Work has been suspended for more than 30 daya,
the Subcontractor'a compensation shall be equitably adjusted.
ARTICLE 6
CONSTRUCTION BY OWNER
OR BY SEPARATE CONTRACTORS
OWNER'S RIGHT TO ~ CONSTRUCltON
AND TO AWARD SEPARATE CONTRACTS
6.1.1 The Owner reseaves thc tight to perform constnsc~n or
operations related to thc Project with the Owner's own forces,
and to aw.~t separate contracts in connection with other pof
tlons of the Project or otlm' eonstruOJon or operations on the
site under Conditions of the Contract identical or substantially
similar to these including those portions related to Insurance
and waiv~ of subrogation. If the Cont~c~r ~ that delay
or ~dditlonal cost ts involved because of such aoJ~n by the
Owners Ihe Contractor shall tu~ke such Claim as provided else-
w~ tn the Contract Documents.
6.1.~ ~ separate conUacts ~e awarded for cliff, mt por-
tiom of ~e proN-ct or other comuuctlon or oper~om on the
6.1 .$ The Owner shall provide for coordination of the activi-
ties of the Owner's own forces and of each separate contractor
with the Work 6f the Contractor, who ~ cooperate with
them. The Contractor shall participate with other separate con.
tractors and the Owner in ~viewing 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 md mutual agreement.
The consuuctton 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.Doenments,
when tl~ Ownst' 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
name tights which apply to the Contractor unde? 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 Thc Contractor ~ ~'ord thc Owner and sel~ratc con*,
t~ctors ~lc opporm~ty'for in~oducUon ;md stor~ o£
th~ materi,~d$ ;md equipment and pe£forr~ce of thc~ ;ctivi-
stsuc~oo and operatinns with ~rs ~ re~lUired b7 thc Contract
6.2.2 If pa~t of thc Contractor's Work dq~ds for proper
executio~ or resuits upon construction or operations by thc
Own~ or 2 separate contractor, the Contractor shall, prior to
procced~4; with that portion of the Work, promptly repo;t to
the A]'chite~ apparent diserepancies or defects in such other
construction that would render it unsuitable for such proper
execution and results2 Failure of tl~ Contractor so to report
shall constitute an acknowledgment that the Owner's or sepa-
rate contractors' completed or partially completed constroctinn
is fit md proper to receive the Contractor's Work, except as to
defects not then reasonably discoverable.
6.2.$ Co~ts eattsed by delays or by improperly timed activities
or defective constmctfon shall be borne by the party responsi-
ble therefor.
6.ZA The Contractor shall p~.~dy remedy damage wrong-
fuIly caused by the Contractor to completed or parttally com-
pleted ennsttuctinn or to property of the Owner or separate
con.tractors as provided in Subpax'agr~ 10.2.5.
6.$.$ Clatms 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 contnctor shall have the
same respons~allttles for cutting and patchin8 as are describe..
for the Contractor in Par4paph
6.$ OWI~W$ ~ ?O
6.$.1 If a dispute arises among the Contractor, separate con-
lng ;~ca ~ ~,~om ~rast¢ m~Ms ;u~:l mbbis~ m d~,edbed b't
pm.agt~ 3.15, .the Ovm~ nmy deali tl~ and allo~te tl~ ~o~t
14 A201-1~7
~K DO4~dGI4T A~0~ · GEI4Ea~ COHDITIO~S OI~ TtlE COKrlIACT FOR COIx~Fa~ ~ ~i~ ~ I~O~EI~rH BDITIC'II
11~o . 1~l~TTIIl~M~]tlCi~111~li'Ul~O~(:llITlICl~ 17)5
ARTICLE 7
CHANGES IN THE WORK
7.1 CllANGES
7.1.1 Changes in the Work may be accomplished after execu-
tion of th~ Contract, and without invalidating the Contract, by
Change Order, Construction Change Directive or order for a
minor change in the Work, subject to the limitations stated in
this Article 7 and elsewhere in the Contract Documents,
?.1.2 A Change Order shall be based upon agreement amort4g
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.
?.1-6 Changes in the Work shali be performed under appli-
cable provisions of the Contract Documents, and the Contrac-
tor, shall proceed promptly, unless otherwise provided in the
Change On:ler, ConstruoJon Change Directive or order for a
minor ~ in the Work.
?.1.4 If unit prices are stato:l in the Contract Documents or
subsequently agreed upon, and if quantifies originally con-
templated ~u'e $o changed in a proposed Oaange 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
?.2.1 A Change Order is a written instrument prepared by the
Architect and signed by the Ownear, Contractor and Architect,
statin4; their agreement upon ali 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, ff
ally.
?.2.2 Methods used in d~t ermintng adjnstments to the Contract
Sum may include those listed in Subparagraph 7.3.3.
?.a ~ C~J~GE mnecaw~s
7.8.1 A Construction Chan4~e Directive is a written order pre-
pa~d by the Architect and signed by the Owner and Architect,
direcring a change in the Work and stating a p~ basis for
adjustment, if an}', in the Contract Sum or Contract Time, or
both. The Owner may by Constroctlon Change Directive,
without invalidating the Contract, order changes in the Work
within the general scope of the Contract ennMsting of addi-
tions, deletions or other revisions, the Contract Sum and Con-
tract Time being adjusted acenrdinglI.
7.3.2 a Construction Clm~e Directive shall be used in the
absence of total agreement on the aerms of a Change Orde[.
?.$.$ If the Construction Clmnge Directive provides for an
adjustment to the Contract Sum, the adjustment shall be based
rm one of the following methods:
.1 mutual acceptance of a l.mp sum properly itemized
amd supported by sufficient sub~tandatlng mt= to per-
.3 cost to be determined in a manner agreed upon by
the parties and a mutually acceptable fixed or percent-
age fee; or
.4 as provided in Subparagraph 7.3.6.
?.8.4 Upon receipt of a Construction Change Directive, the
Contractor shall promptly proceed with thc change in the
Work involved and advise the Architect of the Contractor's
agreenaent or disagreement with the method, if any, provided
in the Construction Change Directive for dete~ 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, indud-
iog adjnstment 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 ~hall 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 aceounting
together with appropriate supporting data. Unle~ 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
agreecnent or custom, and workers' or worlanen's
compensation insurance;
.2 costs of matedals, supplies and equipment, includ-
ing cost of transportation, whether incorporated or
consumed;
.3 rent.ql costs of machinery and equipment, exclusive of
hand tools, whether rented from the Comractor or
others;
.4 costs of premiums for all bonds and insurance, permit
fees, and .sales, use or similar taxes related to the
Work; and
.6 additional costs ofsupen, islon and field office person-
nd directly attributable to the change.
?.3.7 Pendin4~ tmal determination of cnst 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 die Owner for a deletion or change which results in a net
decrease in the Contract Sum shall be actual net cost as con-
ftrrued.by the Archliect. 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, ff any, With respect to that change.
7.3.6 If the Ownex and Contractor do not agree with the
adjustment In Contract Time or the method for determinlng it,
the adjustment or the method shall be re femM to the Archlrect
for deten,aioadon.
minadon made br the Architect enncemio$ the adjustments In
tbe Contract ,Sum and Conttact Time, or otherwise leach :agree'
merit upon the adjustments, such agreement shall be effective
tlon of an appropmte Change Order.
A2014987 15
7.4 MINOR CHANGES IN TH~ 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 inconsistem with the
intent of the Contract Documents. Such changes shall be
effected by written o/des and shall be binding on the Owner
and Contractor. The Contractor shall carry out such written
ordets promptly.
ARTICLE 8
TIME
8.1 DI/RNITION8
8.1.1 Unless otherwise provided, Contract Time is the period
of time, tndudin~ authorized adjustments, allotted in the Con-
tract Documents for Substantial Completion of the Work.
8.1.2 The date of co~cement 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 pRO~a~r..~ N/O COMPLETIO~
8.2.1 Time limits stated in the Contract Documents are of the
essence of the Contract. BY executing the Agreement the Con-
tractor confirms that the Contract Time is a reasonable period
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agree-
ment or iustnlctlon of the Owner h~ writing, prematurely com-
mence operations on the site or elsewhere prior to the effective
date of Ina~alxce l~lnlred by Article 11 to be inmished by the
Contractor. The date of commencement of the Work ~ not
be changed by the effective date of such insurance. Unless the
date of commencement is est$blished by a notice to pwceed
given by the Owner, the Contractor shall notify the Owner in
writin~ not less than five days or other agreed period before
commencing the Work to permit the timdy filing of mortgages,
mechanic's liens and other security interests.
8.2.8 The Contractor shall proceed expeditiously with ade-
quate foro~ and ,shall achieve Substantial Completion within
the Contract Time.
8.3 DEtAY$ AND EXXENSIOt~ OF TIME
8.3.1 If the Contractor is dehyed at any time in progress of the
Work by an act or neglect of the Owner or Architect, or of an
employee of either, or of a separate contractor employed by
the Owner, or by cha~ges ordered in the Work, or by hbor
disputes, fire, unusual delay in deliveries, unavoidable casualties
or othet causes beyond the Contractor's control, or by delay
authorized by the Owner pending aeotuatlo~ or blt other
nause~ which the Architect detetminea malt Justify delay, then
the Contract Time ~hall be extended blt Change Order for soch
reasonable t/me $$ the Architect may determine.
$.$al (1alms rdsting to time r~'all be made In accordaoce with
applicable pwvblom of Paragraph 4.3.
e.$2 ~ Paragraph 8.3 does not preclude re'va7 of dam.
abes fu~ ddalt by tither paW/under other provisions of the
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
9.1.1 The Contract Sum is stated in the A~reement 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 th~ f~t Application for Payment, the Contractor
shall submit to the Architect a schedule 6f 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 Appliea-
tious for Payment.
9,3 APPLICATIONS FOR PAYMENT
9.3.1 At least ten days before the date established for each
progre~ payment, the Contractor shall submit to the Architect
an itemized Applicatlun for Payment for operadous completed
in accordance with the schedule of values. Such application
shall be notarized, If required, and supported by such data
substantiating the Contractor's rLght to payment as the Owner
or Architect may require, such as copies of requisitions from
Subcontractors and material suppliers, and reflecting retairm4;e
If provided for elsewhere in the Contract Documents.
9.8.1.1 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.
9.8.1.2 Such applications may not include requests for pay-
ment of amounts the Contractor does not intend to pay to a
Subcontractor or material supplier because of a dispute or other
9.8.2 Unless otherwise provided in the Contract Documents,
payments shall be made on account of mated.als and equipment
delivered and gnltably stored at the site for subsequent incor-
poration in the Work. If approved in advance by the Owner,
payment may similarly be made for matedais and equipment
suliably stot~l off the ~ite at a Ioeatlon agreed upon in writing.
Payment for materiab and equipment stored on or off the site
shall be con~inoned upon compliance hy the Contractor with
procedures satisfactory to the Owner to establish the Owner's
title to such matextals and equipment or otherwise protect the
Ownex's interest, and shall include applicable insurance,
storage and tr~rtstinn to the sRe for such materials and
equipment stored off the she.
9.3.3 ~ Contractor warrants that tide to all Work covered by
an Application for Payn).ent will pass to the Owner no later than
the time of payment. The Contractor further warrants that
upon submittal of an Application for Payment all Work for
which Certificates for Payment have been previously issued
aud payments received from the Owner ,shall, to the best of the
Contractor'g knowledge, info~ and bdief, be free and
clear of liens, claims, seoutty interests or encumbrances in
favor of the Contractor, Subcontractors, material suppliers, or
other persom or entitles making a claim by teason of hurl:ag
provided labor, nmeflats aud equtpmeat ~latlng to the Work.
9.4 Q!I~FIC&'[E$ FOR PAYMB, n'
0A.1 The Archlteet v~ll, wtthin ,even days ~ receipt of the
Contractor's Application for Payment, elilm' Issue to the
Owner a Certificate for Payment, with a copy to the Contrac-
tor, for such amount as the Architect determines is properly
due, or notify the Contractor and Owner in writing of the
Architect's reasons for withholding certification in whole or in
part as provided In Subparagraph 9.5.1.
9.4.2 The Issuance 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 pro~ to the
point Indicated and that, to the be$t of the Architect's kJ~wl-
edge, information and belief, quality of the Work is in accor-
dance with the Contract Documents. The foregoIng representa-
tions are subject to an evaluation of the Work for confonmnce
with the Contract IX)cuments upon Substantial Completion, to
results of subsequent tests and inspccdons, to minor deviations
from the Contract Documents co~le prior to completion
and to spocific qthalificadons expressed by the Architect. The
Issuance of a Certificate for Payn~nt will furthc~ constitute a
rcpreserttadon that the Contractor is entided to payment in the
amount certllied. However, the issuance of a ~cate for Pay-
ment will not be a representation that the Architect has (1)
made cxhanstive or continnons on-site inspections to check the
qualiry or quantity of the Work, (2) reviewed construction
means, methods, techniques, sequences or prccedures, (3)
reviewed coptes of requisitions received from Subcontractors
and matertal suppliers and other data requested by the Owner
to ml:~tamlate the Contractor's tight to payment or (4) made
examination to ascertain how or for what pmpO*C the Contrac-
tor has nsed money previously paid on account of the Contract
9.$ DEClSIOI~ 10 WllHHOLD Ct~tTIFICATION
9.$.1 The Architect may decide not to ce~ payment and
may withhold a Certificate for Payment in whole or in part, to
the extent reasonably nece~ar'/to protect the Owner, if ~ the
Architect's opinion the representatiom tO the Owner required
by $ubparagr'~h 9.4.2 cannot 'be made. If ~ Architect is
unable to ce[Iffy payment in the amount of the Application, the
Architect will notify the Contractor and Owner as provided in
SuCh 9.4.1. If the Contractor and Architect cannot
agree on a revised amount, the Architect will promptly issue a
Certificate for Payment for thc amount for which the Architect
is able to make ~ rcprcsentadom to the Owner. The Archi-
tcct may ~ deride not to ecmlfy payment or, be(:au~c of
sobsequently dt.qcov~ c~idencc or subscquem oh~n'ation$,
may nullifr thc whole or a palt of a Cccdficate for Payment
previously i~ to such extent as may be necessaq' tn the
Archkcct's oplninn to protect thc Ownc~ from lor,$ becansc of:
.1 defective Work not ren~:lied;
.2 third party claims filed or reasonable evidence indicat-
Ing probable filing of such claims;
.8 fallorc of the Con/ractor to make payments prod
erly to Subcontractors or for labor, matedais or
equipment;
~l rcasunablc cvldenoc that 'thc Wo~ cannot be eom-
pitted for the unpaid balance of the Conuact Sum;
.8 damage to thc Owner or another contractor;
.9 rcasoe, ablc evidence that thc Wo~ will not be eom-
balance would not be a(Mquate to cov~ actual or
llquldat~ thumS~ for thc antict~tccl delta/; or
.7 pc~.aistcm failure Io caw/out the Work In accordance
9.5.2 When the above re~sons for withholding ceffificatlon are
removed, certification will be made for amounts previously
withheld.
9.6 PROGRESS PAYMENTS
9.6.1 After the Architect has issued a C. ertlficate for Payment,
the Owner shall make payment In the manner and within the
Omc provided in the Contract Documents, and shall so noOfy
thc Architect.
9.6.2 Thc Contr, ctor shall promptly pay each Subcontractor,
upon receipt of payment from the Owner, out of the amount
paid to thc Contractor on account of such Subcontractor's por-
tion of'the Work, thc amount to which ~ald Subcontractor is
entitled, reflecting percentag~ actually retained from payments
to the Contractor on account of such Subcontractor'$ portion
of thc Work. The ConU'actor shall, by appropriate agreement
with each Subcontractor, require each Subcontractor to make
payments .to Sub-subeontmctors in similar mauncc.
9-$-$ Thc Architect will, on request, furnish m a Subcontrac-
tor, ff practicable, Information t, egarding peromtages of enm-
plctlon or amounts applied for by thc Contractor and action
taken thc[con by thc Architect and Owner on account of pof
tlons of the Work done by such Subcontractor.
9.6.4 lqct~her the Owner nor Architect ~ have an obligation
to pay or to see to the payment of money to a Subcontractor
cx(:~pt as may otherwise be required by law.
9.6.$ Payment to material suppliers shall be lacated in a manner
slmllaz to that pro'eided in Subpamgr~hs 9.6.Z, 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 Ownc~ shall
not cor~stitute acceptance of Work not in accordance with the
9.')' FAILURE Of: PAYMENT
9.?.1 If the Architect does not issue a ~te for Payment,
through no fault of thc Contractor, within seven days after
receipt of thc Contractor's Application for Payment, or if the
Owner docs no~ pay thc Contractor within seven days afrer thc
date established In thc Conuact Documents thc amount cer-
Oiled by thc Architect or awarded by arhitratlon, ~ thc Con-
tractor may, upon seven additional days' written notice to the
Owner and Architect, atop thc Work until payment of thc
ealended-approprfatct}T at~d thc Contract Sum Shall bc
Inct'cascri by thc amount of the Contractor's reasonable costs of
provided In Article 7.
9-$.1 Sub~anUal Completion is the stage in the progress of thc
Work wben thc. Work or designated pordon thereof is suffi-
so thc Owner can occupy or utilize thc Wo~ for Its Intended
nsc.
9.9.2 When thc Contractor considc~ dm thc Work, or
don thereof which thc O~ner agree* to accept r)cpar~tcl¥, Is
to thc Architect a comprch~mlve Im of ltam to be ~cd
pl~c and correct items on the list. IMlu~c to In(:luclc an W:mon
suoh Iht docs not altcr the n:$pon.~a~ty of the Contractoz t°
AiA® · ~i~TTHEAME~JCANINS'i1'fI~OFARCHITBCI~
A201-19~7 17
nated portion thereof is substantially complete. If the
Architect's inspection diselos~ any item, whether or not
induded on the Contractor's list, which is not in accordance
with the requirements of the Contyact 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-
stanrial Completion, shall establish respomibilities 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 Doolmerlts ~ commence on the date of Substantial
Completion of the Work or designated portion thereof unless
otherwise provided in the CeRificate of Substantial Comple-
tion. The Certificate of Substantial Completion shall be sub-
mitted to the Owner and Contractor for their wfltten accel>
emce of responMbllities 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 retalnage, if any, for such Work or por-
tion thereof as provided in the Contract Documents.
9.9 PARTIAL OCCUpAHCY OR USE
9.9.'1 Thc Owner may occupy or usc :my compiered or par-
~dl¥ complcred po~¢.ion of thc Work at any stagc when such
portion is destgm~tcd by separate ~g~ment with thc ConU~ac-
tot, provided such occupancy or usc is enmcnted to by* thc
Insuce~ as requlreri under Subparagraph 113.1 ! and anthorL~d
by public authotities having judsdicfion oyes thc Work. such
~ oc~up~mcy or usc m~y commence whc~er or not thc"
portion is subsemti~y eomplctc, provided thc Owner and
Contra. ctor have ~ccepted in writing thc respomtbllitic~
a.~gncd to cach of thum fo~ payments, recdmgc if an)', secu-
rity, nudntcn~nce, hc~t, utiU~cs, dsm~gc to thc Work and insur-
ance, and havc ~ in wdfing concem~ thc period ~or cor-
rcctlon o[ thc Work ~d enmmc~cement o[ wazranties
comidc~ ~ portion SubstanliaU¥ complctc, ~hc Contractor ~
prepare and submit a list to thc Arehitc~ as provkled uncter
Subgr~ 9.8.2. Consent of thc Con~ctor to ~ occu-
d~c progress or* thc Work dull, bc dctemdned b'/wfltten ag~c'
ment betwcon thc Owner and Coa.~cinr or, if no ~,,m~raent is
reached, by dcc~inn of thc A.,ddtcct.
9.9.2 lmmcdtatel¥ prior to Such parted occupancy or usc, thc
Owne~, Contractor and Arcldtect sh~ Jointly inspect etc ~
to be occuplcd o~' po~fon o[ thc Wo~ to be used in order to
dcter-m~c md tecottl thc condition of thc Work.
9.9.a Unle~ othcrw~ agreed upon, pate~ occup~c7 or usc
o~ a portinn or portions of thc Work fl~l not constitute ~cccl>
lance of Wodc eot complyin8 wid~ thc ~:quircments of thc
Contrac~ Documents.
9.10 FIqAL COMPI.ETIOfl AND flfJAL PAYMENT
0.10.1 UPOG ~ o[ wrmen no,ice tim tbe Work 1~ ready
18 A201-1987
such inspection and, when the Architect finds the Work accept-
able under the Contract Documents and the Contract folly 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 Arcldtect's
observafinm 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 t~oted in said final Certificate is due and payable. The
Architect's final CeRiflcate 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 Ard~Ateot (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 p*operty might be
responsible or encumbered 0e~ amounts withheld by Owner)
have been paid or otherwise satisfied, (2) a certificate evidenc-
ing that tnsut:ance required by the Contract Documents to
remain in force after final payment is currentiy in effcet and will
not be cancelled or allowed to expise 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 of saxis faction of obligations, such as
receipts, releases and walvem of liens, claims, secunlty inten~ts
or encumbrances arising out of the Contract, to thc extent and
in such form as may be designated by the Owner. If a Subcon-
tractor refuses to fumish a release or waiver required by the
Owner, the Contractor may furnish a bond satisfactory to the
Owner to indemnify the Owner aga~mt 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
compdled to pa}, in discharg~¢ such lien, including all costs
and reasonable attorneys' fees.
9,10.3 If, after Substantial Completion of the Work, final com-
pletion thereof is materially delayed througi~ no fault of the
ConLractor'or by Issuance of C~ange Orders affe~-~ag
completion, and the Arelaisect so confirms, the Own~ r, hall,
upon application b~ the Contractor and celxlficatinn by the
Arehitcet' and without terminating the Co~traet, make payment
of the b~mce due for that portion of the Work fully completed
and accepted, ff the remaining balance for Work not full~' eom-
pleted or eotreeted is less than retainage stll:mlated in the Con-
tract Doetlments, and ff bonds have been ~ed, the written
consent of surety to payment of thc balance due for that pot-
finn of the Work full}' completed and accepted shall be submit-
ted by the Contractor to the Architect prior to certification of
such payment. Such payment shall be made under terms and
~onditiom governing final payment, except that R shall not
constitute a waiver of clallm. The making of final payment shaR.
constitute a vniver of claims by the Owner as provided in
paragraph 4.3.5.
9.10.4 Acceptance of final payment by thc Contractor, a Sub-
contractor or matctlal supplies ~ omstltute a watvcr of
daims by that parco cxcclx tho~¢ prcvlously made in writgtg
and idmafled by that pa~ec as unsetded at thc tlmc of final
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10,1 S~'~:l ¥ PRECAUTIONS AND PROGRAMS
10.1.1 The Contractor shall be responsible for initiating, main-
taining 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 polychior~ated
blphenyl (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 fo the affected area shall not thereaffe~ be resumed
except by written agreement of the Owner and Contractor If in
fact the material is asbestos or polycldofltmted blpbenyl (PCB)
and has not been rendered harmless. The Work in the affected
area shall be resumed in the absence of asbestos or pulycldofl-
nated hlphenyl (PCB), or whe/a it has been ~ndered hannle~
by written agreement of the Owner and Contractor, or in
accordance with final determination by the Mchltect on which
arbitration has not been demanded, or by asbltraflon under
Article 4.
10.1 .$ The Contractor shall not be required pursuant to Article
7 to perform without consent any Work relating to asbestos or
polycldorinared biphenyl (PCB).
10.1.4 To the fullest extent permitted by law, the Owner .shall
Indeflmify and hold harmless the Contractor, Architect, Archi-
tect's consultants and agents and employees of any of them
from and a~ainst claims, dama~ges, losses and expens~, incind-
ing but not limited to attorneys' fees, arising out of or resnlting
from pedormance of the Work in the affected area If in fact the
material is asbestos or polychlorinated biphenyl (PCB) and has
n~ been rendered hannle.~, provided that such ch/m, damage,
fo~ or expense is attributable to bodily injury', sickness, ~
or death, or to injury to or destruction of tan4~'ble property
(other than the Work Itsel0 including loss of use resulting
theretwm, but only to the extent caused in whole or in part by
negligent ac~ 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
inda'nnlfied herennder.. Such. obligation shall no~ be construed
to ne~te, abridge, or reduce odin' rights or obligations of
indemnity which would otheswise exist as to a party or person
~ in this Subparagraph 10.1.4.
10,2 5Art:l ¥ OF PERSOf~ AND PflOPERTY
10.2.1 The Contractor shall take reportable precautinns for
safety of, and shall provide reasonable protection to pr~,ent
damage, injury or loss to:
.1 umi:/oyces on the Work and other petsons who may
.2 the Work andtnaterials an~equlpment to be Ineorpo'
r~ted thevfln, wheth~ in storage on or off the site,
under care, en~tody or control of the Contr=ctor or
the Contractor's Subcontractors or Sub4ulx:ontntc-
toes; and
.$ other propcn~ st the site or sdjacent themo, such as
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, iniury or loss.
10.2.$ The Comractor shall erect and maintain, as required by
existing cond/tiom and performance of the Contract, reason-
able safeguards for safety and protectiun, indud/ng posting
danger signs and other warnings against hazards, promulgating
safety regulations and notifyin4,', owners md users of adjacent
sites and utilities.
10.2.4 When use or stor~ge of explosives or other hazardous
materials or equ~ment or unusual metht~ls are necessary for
execution of the WOrk, the Contractor shall exercise utmost
care and c~rry on such act/vlties under supervision of properly
qual/tk:d PersOnnel.
10.2.5 The Contractor shal/promptly remedy damage and loss
(other than damage or loss lnsu.,~l under property insurance
required by the Contract Documents) to property referred to tn
Chnses 10.2.1.2 and 10.2.1.5 caused in whole or in part by the
Contractor, a Subcontractor, a Sub-subeontractor, or anyone
directly or ind/rectly eniployed 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 10.2.1.5, except'
damag~ or loss attributable to acts or omissions of the Owner
or Architect or anyone directiy or ind/recdy employed by
either of them, or by anyone for whose acts tither of them may
be liable, and not attributable to the fault or ~'~,gence of the
Contractor. The foregnlng obl/gations of the Contractor are tn
addition to the Cuntmctor's obl/gations under Paragraph 3.18.
10.2.6 The Contractor shali designate a responsible member of
the ContmcWr's organlzatinn at the site whose duty shall be the
prevention of :icc/dents. Th/s person ~ be the Contractor's
superintendent unless otherwise des/gnated by the Contractor
in writing to the Owner and Architect.
10.2.7 The Contractor ~ not load or permit any p~t of the
constru&ion or site to be'loaded so as to endanger its safety.
10.3 EMERGEHCIE$
10.$.1 In an emergency affecting safety of persona or property,
the Contractor shall act, at the Contractor's d/saetion, to pre-
vent threatened damage, injury or loss. Add/t/or. al compemsa-
tinn or extension of time dalm~ by the Contractor on account
of m emergency ~ be d~termined as provlded in Paragraph
4.5 and ~ 7.
INSURANCE AND BONDS
11.1 CONTRACTOr'S ~ INSURANCE
11.1.1 The Contractor shali purc~.~ from and maintain In a
company or c~mpanles.hwfuliy anthodzed to do business in
the Jurisd/CflO~ Jn which the Project 15 located such insur~cc as
will protect the Contractor from claims ~et forth below ..w~l. ch
may arise out of or ~aflt' from the Contractor's operations
under the Commct and for which the Contractor may be Leg?flY
liable, whether such operations be by the Contrao~ or by a
Suhoontraetor or by anyone directly or lnd/rectly employed by
any of them, or by anyone for whose acts my of them may be
liable:.
.1 dalms under ~:~rs' o~ wodansn'$ compematlon,
................ ~ ,A,,~,~ us. ~ ~ md ~ ~t to i~l p~a~tlon.
A2014~7 19
.2 claims for damages because of bodily injury, occupa-
tional sickness or disease, or death of the Contractor's
employeeS;
-3 claims for damage~ because of boclily 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 ~e sustained (1) by, ~P~t~t~
aS a ~esnlt Otan offense directl~ or indi~cri7 reh ca
employment of such person by the Con.actor, or (2)
by another person;
.6 claims for damages, other than to the Work itself,
because of injury to or de$truction of tangible prop-
erty, including loss of use resulting therefrom;
.6 elalms for damages boaause of bodily injuff, death of
a person or property damage arising out of owner-
ship, mainRmance or use ora motor vehicle; and
.? claims involving contra~ liability inaurimce appli-
cable to the Contractor's obligations under Paragraph
3.18.
TIo'I.2 ~he insurance required by Subparagraph 11.1.1 shall be
written for not less than limirs of liability specified in the Con-
tract Documenrs or required by law, whichever coverage is
greater. CoveJagm, whether written on an ocenn'ence or
claims-made basis, shall be maintained without internJption
from date of commencement of the Work until da~ of final
payment and termination of any coverage required to be main-
rained after final payment.
.1.1..1-3 Certifieate$ of Insurance acceptable to the Owner ~
be filed with the Owner prior to commencement of the Work.
These Certificates and the insurance policie~ required by this
paragraph 11.1 shall contain a provision that coverages
afforded undes the policies will not be cancelled or allowed to
expire until at least 30 days' prior written notice has been given
to the O~ner~ If any of the foregoing insurance coverages asae.
ably available, an additional cel-dlicate evidencing continuation
of such coverage shall be submitted with the final Application
for Payment as ~ by Subparagraph 9.10.2. Information
concerning reduction of coverage shall be furnished by the
Contractor with reasonable prompmess in accordance with the
Contractor's Infommtion and belief..
TI.~'J The Owner shall be rusponstble for purchasing and
maimalmng the Owners usual liability insurance. Optionally,
uncler the Contract. The Contractor shall not be respomible
for purchasing and maintaining this optional Owner's liability
insurance unless specifically tcquised by the Contract
11.8 I~OeERTY II¢~RAI~C~
1.1.3.1 Unlus$ otherwise provided, the Owner shall purchase
and maintain, in a comply or enmpa~ies lawfully authorized
to do bustnes$ fn the ~ In which the Project is
located, propm~ Insurance ha the amount of the Ididal Con'
tract Sum as well as subsequent modlfl~tlon$ thereto for the
entire Work at the site on a replacement cost b~is without vol-
or odm. w~ ~ In writing by all pee~ms a~l rarities who
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, Subcontragtors and Sub-subconrmctors in the
Work.
11.3.1.1 Property insurance shall be on an all-risk p~licy form
and shall insure against the pedis of fire and extended coverage
and physical loss o? damage including, without duplication of
coverage, theft, vandalism, malicious mischief, collapse, raise-
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 expemes required as a result of such
insured loss. Coverage for other perils shall not be required
unless otherwise provided in the Contract Documents.
.11.8.'1.2 If the Owner does not intend to purchase such prop-
e~ty insurance required by the Contract and with all of the
co;,'erage$ ~ the amount described above, the Owner ~ so
inform the Contractor in wdting prior to commencement of
the Work. The Contractor may tfien effect insurance which will
protect the interests of the Contractor, Subcontractgrs and Sub-
subcontractors in the Work, and by appropriate Change Order
the cost thereof $1mll be chaeged to the Owner. If the Contrac-
tor is damaged by the fail~re or negIect of the Owner to pur-
chase or maintain insurance as desc~ix~ above, without so
notifying the Contractor, then the Owner shall bear all reason-
able costs properly attributable thereto.
'1'1.8.'1.3 If the property insurlmce RNtUi~; minimum deducti-
bles and such decluctibiea are identified in the Contract Docu-
ments, the Contractor shall pay co,ts not covered beeause of
such deductibles. If the Owner or insurer increases the ~equired
minimum deductibles above the amounts so identified or If the
Owner elects to purchase this insurance with voluntary deduc-
tibie amounts, the O~oaer shall be responsible for payment of
the additional costs not covered because of such increased or
voluntar7 deductibles. If deductibles am not identified in the
Contract Documents, the Owner ~ pay costs not covered
becanse of deductibles.
.1.1.8..1.4 Unless otherwise provided in the Comract Docu-
ments, this properly insurance shall cover portions of the Work
stored off the .site after written approval of the Owner at the
value established in the approval, and also portions of the Work
in transit.,
puschase and m,4i~taln boiler and machinery tnsur'ance
reClUiscd by the Contract DooJments or by law, which shall
spedlieally cover such insured objects dudng installation and
interusts of the Owner, Contractor, Subcontractors and Sub-
subcontractors in the Work, and the Owner and Contractor
.1.1.8.3 Loe, s of Use Insurance. The Owner, at the Owner's
option, may purchase and maintain such insurance as will
imure the Own~ agalmt loss of use of the Owner's propen7
due to fire or other hazards, however caused. The Owner
waives all rights of action ,g~ !,~t the Contractor for loss of u~
of the Owr~'s propmy, including comequentlal loses due to
11-3A If thc Contractor requests in wdting that Imurance for
~ be du~rSed w .d~ Cunmc~or br ~propri~e Clm~e
Ol'da'.
1t.3.5 If during the Project construction period the Owner
insures properties, real or personal or both, adjoining or adja-
cent to the slt~ bY.Property insurance under policies separate
from those insuring the Project, or ff after linal payment prop-
eotT insurance is to be provided on the completed project
through a policy or polides other than those insuring the Proj-
eat during the construction period, the Owner shall waive all
rights in accordance with thc terms Of Subparagraph 11.3.7 for
damages caused by rite or other petiis covered by this separate
property insurance. All separate polities shall provide ti-ds
waiver of $ubrogation by endorsement or otherwise.
1 1.8.6 Before an exposure to loss may o~cur, the Owner shall
f'de with the Contractor a copy of each policy that indude, s
insurance coverages required by this Paragraph 11.3. Each
policy, shall contain all genetaliy applicable conditions, de~mi-
tions, exclusions and endomements related to this Project. Each
policy shall contain a provision that the policy will not be
callcelied ot allowed to expire tmti1 at least 30 days ptior 5vri -
ten notice has been given to the Contractor.
11.8.1' Wllhter~ o1 8tlbfog~ttio~l. 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 desertbed in Alticle 6, ff any, and any of their sub-
contractors, sub-subcontractors~ agents and employees, for
damages caused by fire or oti-~r perils to the extent cover~l by
property inaurance obtained pursuant to this paragraph 11.3 or.
other property insurance applicable to the W6rk, except Such
ri4~hts 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, Archirect's consultants, .separate
cofltractors 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 ~ther patxies enum-
e~ted herdn. The policies $hall provide such waivers of subro-
gation by endorsement or otherwise. A ~ar~iver of subrogation
shall be effective as to a pemon or entity even though that per-
8on or entity would othelmtlse have a duty of indemnification,
contractual or otherw~rise, did not pay the in~gance prcanium
directly or indirectly, and whether or not the per~n or entity
had an Insurable interest in the property damaged.
11.$.8 A loss insured unck~ Owner's propetW lmuranec shall
bc adjusted by thc Owner as flducfa~ and made payable to the
Owner as fidu~ for the ihsureds, as their intez~ts may
appeaz, *ubl¢ct to requiremmts of any apptlcable moc~agec
clause and of Subpmagraph il.3.10. The Coutraetor ahall pay
Subcontractors tho Dst shares of insurance proceeds received
by the Contractor, and by apptrlartate agreements, written
7ohere I~allv renuired for validity, shall require Subcontractors
'11.$.9 If ~uired in writing by a ~ in interest, thc Owner
bond fo[ proper performance of thc Owner's duties. The cost
o f required bonds sha}l be chal'go:l against procoeds received as
fldudasy. The Owner d~all deposit in a seP~Zate account Pto'
ceeds so received, which tl~ Own~ shali ~te In accof
11.3.10 The Owner as fiduciary sl~ll have power to adjust and
settle a loss with insurers unless one of the parties in interest
shall object in v~titing within live days after occurrence of loss
to the Owner's exercise of this power; if such objection be
made, arbitrators shall be chosen as provided in Paragraph 4.5.,
The Owner as liducia~ shall, in that case, make settlement with
insurers in accordance with dire(tious of such arbitrators. If
distribution of insurance proceeds by arbitration is required,
the arbitrators will direct such distribution.
11.8.11 Pastlai occupancy or use in accordance with Paragraph
9.9 shall not commence until the insurance company or eom-
panles providing property insurance have consented to such
partial occupancy or use by endorsement or otherwise. The
Ownek and tl~e Contractor shall take reasonable steps to obtain
consent of the insurance company or companies and shall,
without mutual written consent, take no action with respect to
pardal occupancy or use that would cause cancellation, lapse of
reduction of insurance.
11.4 PERFORMAHCE BOND AND PAYMENT BOND
114.1 Thc Owner s~ have the ti~t to require the
tot to ~umish bonds covcrln~ faithful p~4fon'n~ce o~ the Con-
t~ct and pa~nent of ul)lil~tions ~isin~ ther~un~ ~s stlpu-
[;ted in biddin~ requirements or sp~llicaily r~ in the
Contract Doen~cnts on th~ ~te o£ execution of thc Contract.
11.4.2 Upon the reriu~t o£ any person or entity appearing to
tions ~isin~ under thc Contract, the Conu~-~or ~ DromPti¥
furnish a copy of the bonds or shall permit a copy to be made.
.ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 UNCO~T~UNG OF WORK
12.1.1 If a podign of the Work is covered contraq' to the
Architect's request or to requirenients specfficaliy expressed in
the Contract Documents, it must, if required in writing by the
Architect, be uncovered for the Architect's observation and b~
replaced at the Contractor's ~nse without change in the
Contract Time.
1~.1.~ If a ix>ffion of the Work has bom cove~ed which the
Archirect has not spcctfieally requested to observe prior to its
~ covered, the ArchRect hlay'request to see such work and
it ~ be uncovered by the Contractor. If ~uch Work is in
accordance with the Contract Documemts, costs of uncover-
lng and replacemem shall, by appropriate Change Order, be
charged to the Owner. If such Work is not in accordance with
the ConRact Docomcots, the Contractor shall pay such costs
unless the condition was caused by the Owner or a separate
contractor in which event the Owner shall be responsible for
payment of such eom.
12.2 CORRECllON OF
12.2.1 The Comract°; stt3]] ptompdy con'ect Work rej.c.ct, ed
by the Archkcct or falling to ~onform to the requirements of
the Contract Documents, whether obeyed before or after
Substan~al Completion and whether or not fshdcated, Installed
or completed. The Contractor r, hall bear co~ of con'cc~4~
suc~ repaed XVork, inctudin~ ada~k~nai ~csttn$ and Inspec'
flons and ~ for the Architect's saM~e$ and
ll.~ fi, wlihin o~c !nmr al~er the date °f '~mbstantIal C°nsple' '
tion of the Work or dt~itgnated por tion thereof, or attter the d/;tte
AIA® * ~1~7 TJ~A~JU~,I'I~"I~IITU1zOFJr~CHIT~G'~' 1755N~WYO~CA~gqU~N'~''WA~t~GTON'D'C'~006
for comr/lencement of warranties established under Sub-
paragraph 9.9.1, or by terms of an applicable special warranty
requ/rerl by the Contract Documents, any of the Work is found
to be not in accordance with the i~luirements of the Contract
Documents, the Contractor shall correct it promptly are?
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 respeot to porous of Work first performed after
Substantial Completion by the pedod of time between Substan-
tial Completion and the actOal performance of the Work. This
obligation under this Subparagraph 12.2.2 shall survive accep-
tance of the Work under the Contract and termination of the
Contract. The Owner shall give such notic~ promptly after dis-
covery of the condition.
12.2.$ The Contractor shall remove from the site poltious 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 ConUactor 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 correedon of such nonconforming Work within a reason-
able time fixed by written notice from the A~chitect, the Owner
may remove it and store thc salvable materials or equ/pment at
the Contractor's expense. If the Contractor does not pay co~ts
of such removal and storage within ten days after written
notice, the Owner may upon ten additional day~' wfltten
not/ce ~ 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 ix)me by the Con-
tractor, including compensation for the Awhitect'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.
the~ or thereafter due the Contractor are not sulT~ent to cover
such amount, the Contractor shall pay the difference to the
Owaer.
12.2.~ The Contractor shall bear the cost of corsecting
destroyed or damaged constwctinn, whether completed or
partially completed, of the Owner or separate eon~ors
caused by the Contractor's eonection or t~moval of Work
which is not in accordance with the requk~nents of the Con-
12.2,.6 Nothing contained in this Par~ 12.2 shall be con-
strued to establish a period of limitation with respect to other
obligations which the ConUactor might have under the Con-
uact Documenta. Estab~t of the time pedod of one year
as desedbed in Subl~u'agmph 12.2.2 relates only to the ~
oblJgatinn of the Contractor to con~e~ the Work, and has no
r-,Jatiomhip to the t/me within which the obligation to comply
with the Contract Documents may be sought to be enfo~-'d,
norto the time within which ptoceedings ma,/be commeoced
to establish the Contractor's liabllit~ ~ ~ to the Con-
t~ctor's obligations other than siz~tflcaOy to con. ct the Work.
12.S ACCE~.WCE Of:NONC0M:0M~
12.$~1 ~g ~ C)~m(~ ~dc~ to ~cccp~ Work ~ J~ in
thc Ovn~c~ may (.~o so i~u:~d of req~ W m~ovaJ ~K~ CO~-
appwpe, a~ md equlUbte. Such a~lusunsat shall be effected
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
13.1.1 The Contract shall be governed by the law of the phcc
where the Project is Iocated~
13,2 SUCCESSORS AND ASSIGNS
13.2.1 The O~ and Contractor respectively hind tbem-
selves, their parmers~ successors, assigns and legat rep~ta-
rives to the other p:Lrty hereto anti to partners, successors,
assigns and legal representatives of such other pa~y in respect
to covenants, agreements and obligations contained in the Con-
tract Documents. Neitheg 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 n~vertheJess remain legally responsible
for all obligations under the Contract.
13.3 Wr~ ~r.~ NOTICE
13.3.1 Written notice shall be deemed to have been duly
served if delivered in person to thc individual or a member of
the firm or entity or to an Officer of the coq)oration for which it
was intended, or if delivered at or se~t by registered or certified
ma/l to the last busines~ address known to the party givha4,~
notice.
13.4 RIGHTS AND REMEDIES
13.4.1 Duties and ob~tions impo~d by the Conw,~ct Docu-
ments and tights and rem~dles avaJhbl~ th~ro~der shali be
addition ro and not a limitation of duties, obli~tions, d~hts and
~edies other~se ~ or a¥~abl¢ by hw.
13~4.2 No ~ction or f~inre to act by the Owner, .~'chitect or
Contractor sh~ eonsti(or¢ a ~tver of a fl~ht or duty afforded
th~'~ under the Contract, nor
constiru~ approv~ of or acquiescence in a brach th~x:under,
exert as may be
13.5 ~ AHO INSPECTIONS
13.5.1 Tc~, tnst~ct!ons and at~ror~Ls of ~ o~ ~c
Wo~ ~ by ~e ~a ~ or by h~, ~-
~, ~, ~ or ~r~ of pubic ~ ~v~
j~n ~ ~ ~ at ~ ~te ~e. ~ o~er-
~ pm~ ~e ~a~ ~ ~e ~ ~r
~t~ ~dy ~ of ~. ~d wh~ t~ md ~-
~o~ ~ t0 ~ ~ ~ ~e ~t~ ~y o~e ~ pr~
d~. ~e O~ ~ ~ ~ of t~, ~m or
~pw~ ~ ~ n~ ~me ~ ~ ~ bi~
juan ~e ~at ~ of ~e Wo~ ~
~ t~¢, ~n or ~ ~ ~ ~ 5ub-
~h 13.5.1, ~e ~t~ ~, ~ ~ a~on
~m~,~~rto~~
n~m~ofW~'~m~~
~ A201-1~7
AiAe . ~igfiT'fH~,~,(BRICAN~tS'I'TTO'i~OFARCI'~f~CI~ 1755N~WYO~KAV~IIJ~N.W.,WASH~qGTON,
The Owner shall bear such costs except as provided in Sub- -
paragraph 13.5.3.
t3.6.3 If such procedures for testing, inspection or.approval
under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the
portions of the Work to comply with R:quirements established
by the Contract Documents, the Contractor shall b~ar all costs
made necessary by such failure including those of repeated
procedures and compensation for the Architect s services an
expenses.
15.$.4 Required certificates of testing, inspection or approval
shall, unless otheswise required by the Contract Docun~ents, be
secured by the Contractor and promptly delivered to the
Architect.
15.5.5 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.
15.~.$ Tec~ or inspections conducted pursuant to the Con-
tract Documents shall be made promptly to avoid unreasonable
delay in the Work.
13.6 I, IllEREST
13.6.1 Payments due and unpaid under the Contract Docu-
meats shall bear interest from the date payment is due at such
rate as the parties may agree upon in writing or, in the ab$ence
thereof, :at the legal rate prevailing from time to time at the place
where the Project is located.
13.7 CONME~ OF STATUTORY
LIHrrATION
13,7.1 As between the Owner and Contractor:
.1 Before Sui~tmtlal Coml~tinn. As to acts or failures
Ix) aa occurring prior to the relevant date of Substan-
tial Completion, any applicable statute of limitations
sl, mll commence to nm and any a~ged canse of aoi:m
shall be dcemed to have accrued in anY and all events
not latex than such date of Substantial Completion;
~ate lnt. pa~ AS to acts or falinres to act occur-
ring subsequent to the tolerant date of Substantial
Completion anti pdo£ to issuance of the final
cate for Payment, any applicable statute of limitations
shall commence to mn and any alleged cause of
action shall be dcemed to have accrued in any and all
events not later than thc date of ~ of thc final
C. effificate for Payment; and
-$ After Final ~ fo~ Payment. As to acts or
faliures to act oceurflng after thc relevant date of issu'
ance of the final Cea-tlflcatc for Payment, any appli-
cable statute of limitations ~ commence to nm and
any alleged csuse of action shall be desmed to have
accrued In an}, and all events not later than thc date of
an}, act or failure to act by the Contractor pursuant to
any ~ty provided tulder Paralg~'l 3.5, thc datc
of ~y ~orrectinn of the Work or fallur~ to correct the
Woflt b}, thc Contractor imder Paragraph 12.Z, or the
date of actual commlasinn of any o~r act or falinre
to perform any duu/or obltptlon by the Contractor
.ARTICLE 14
TERMINATION OR SUSPENSION
OF THE CONTRACT
14.1 TERMINATION BY THE CONTRACTOR
14.1.1 The Contractor may tekaninate the Contract if the Work
is stopped for a period of 30 days through no act or fault of the
Contractor or a Subcontractor, Sub-subcontractor or their
agents or employees or any other persons performing portions
of the Work under contract with the Contractor, for any of the
following reasons:
.1 ~uance of an order of a court or other peblic author-
iT havin~ jun~diedon~
.e~ an act of govermnent, such as a deda~tion of national
emexgency, ~ matedal unavailable;
-$ becanse the Architect ~ not issued a Certificate for
Payment and h~ not notified the Contractor of the
reason for wi~holding cer~lfiestiun as provided In
Subp~aph 9.4.1, o'r because the Owner Las not
made payment on a Ce~ific~te for P~ymenr within
the time stated in the Contract Documents;
.4 ifrepeated sttspena~ons, dehys or foterruptions by the
Owner as de~flbed in Patagral:th 14.3 constitute in
the aggregate more than 1 O0 percent of the total num-
ber of days scheduled for completion, or 120 days In
any 365-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.~ If one of the above reasons exists, the Contractor may,
upon ~even 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 ilxatelials, equipment, tools, and corlstrtictioll equlpmcrlt
and machinery, including reasonable overhead, profit and
14.1.$ 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 thc Work under contract with thc Co~tractor becanse the
Owner Las persistently failed to ~ thc Owner's obligations
undor the Contract Documents with respect to matters impor-
tant to the progre~ of the Work, the Contractor ma}', upon
Architect, tcaminste the Contract and reeov~ from the Owner
as provided in Subparagraph 14.1.2.
14.2 ~411tA'rlO~l BY THE OWltER ~ CAUSE
14.2.1 The Owner may terminate the Comrac't if the
Contra~or:
.1 persistently or repeatedly refuses or fails to supply
enough properly skilled workcts or proper materials;
.2 fails to make paymem to Subcontractors for materials
· or labor in accordance with thc respective agroemCnts
betwcen thc Contractor and the Subcontractors;
.$ penasmatly dtsu:gads laws, ordinances, or niles, rcg-
ulattons or orders of a public anthorlty having
.4 otim'wlse is gusty of suh~mtial breach of a provlsInn
o f thc Contract Doctmaents.
14a!al When any of thc shove reasons exist, the Owner, upon
centl~a___ inn by the An:tm .ect that sufSctmt caus~ e~tsts to ius'
A201-1987 23
tify such action, may without prejudice to any other rights or
remedies of the Owner and al~er giving the Comractor and the
Contractor's surety, if'any, seveti da~/s' written fiotice, termi-
mate employment of the Contractor and may, subject to any
prior rights of the surety:
.1 take possession Of the site and Of all mateflais, equip-
ment, tools, and construction equipment and machip-
e:ty thereon owned by the Contractori
.2 accept assignment of subcontracts pursuant to Para-
graph 5.4; and
.$ flrfl$h the Work by whatever reasonable method thc
Owner may deem expedient.
14.2.8 When the Owner temlinates the Contract for one of the
reasons stat~l in Subparagraph t4.2.1, the Contractor shall not
be entitled to receive further payment until the Work is
14~2A If the unpaid balance of the Contract Sum exceeds costs
of finishlfig' the Work, lncludift4g compensation for the Archi-
tect'$ services and ~ ~made necessary thereby, such
exce~s shall be paid to the Contractor. If such rusts exceed the
unpaid balance, the Contractor shall pay the difference to the
Owner. The amount to be paid to the Contractor Dr Owner, as
the case nay be, shai/be certified by the Architect, upon appli-
cation, and this obligation for payment ~hall survive termlm-
tlon ot~ thC Contract.
FOR CONVENIENCE
14,3.1 The Owner may, without cause, order the Contmcto~ in
~'ttlng to suspend, delay or tnten'upt 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, caus&l by suspension, delay 6r interrup-
tion. No adjustment shall be made to the extent':
.1 that performance is, was or would have been so sus-
pended, delayed or inten'upted by another cause.for
which the Contractor is responsible; or
.2 that an equitable adjustment is made or denied uoder
another provision of this Contract.
14.$.$ Adjustments made in the cost of performance may have
a mutually :igrced fixed or percentage fee.
24 .42014987
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 t 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
coverage and be on a comprehensive basis including:
(1)
(2)
(3)
(4)
(5)
(6)
Premises - Operations
Independent Contractors Protective.
Products and Completed Operations.
Contractual-including specified provision for the
Contractor's obligations under Paragraph 4.18.
Owned, non-owned, and hired motor vehicles.
Broad form coverage for property damage.
11.1.2 ADD: ... The Contractor shall fumish insurance with the following
minimum limits:
.1 Workers' Compensation
State and Federal: Statutory
Employer's Liability $100,000.
Town Hall Roof
H-1
.2
.3
Comprehensive General Liability (Including Premises
Operations; Independent Contractor's Protective; Products
and Completed Operations; Broad form Property Damage):
Bodily Injury: $1,000,000 Each Occurrence
$ 1,000,000 Aggregate, Products and Completed
Operations.
Property Damage: $ 250,000 Each Occurrence
$ 250,000 Aggregate
Products and Completed Operations Insurance shall
be maintained for a minimum pedod of one year after
final payment and contractor shall continue to provide
evidence of such coverage to the Town on an annual
basis dudng the Aforementioned pedod.
Property Damage Liability Insurance shall include
Coverage for the following hazards: C (collapse),
U (underground).
Contractual Liability (Hold Harmless Coverage):
Personal Injury, with Employment Exclusion deleted:
$1,000,000 Aggregate.
Comprehensive Automobile Liability
(owned, nOn-owned, hired):
Bodily. Injury: $1,000,000 Each Person
$1,000,000 Each Accident
b. Property Damage: $ 250,000 Each Occurrence
ARTICLE 12 through ARTICLE 14
No Changes
END OF SECTION:
Town Hall Roof
H-2
GENERAL RELEASE
(To be submitted with requisition for Final Payment)
KNOWN ALL MEN BY THESE PRESENTS
that
for
(Contractor)
and in consideration of the sum of
lawful money of the United States of America, to it in hand paid
by:
(dollars)
(Owner/Contracting
and its successors and assigns and administratom, 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 contrac~ entered into
between parties hereto, dated:
or supplements thereto.
,20 w
and any admiffance
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:
Town Hall Roof
I-1
PREVAILING WAGE RATES
ATTACHMENT
WAGE DETERMINATION
roi'
Replacement & Reconstruction
Town Hall Roof System
at
Southold Town Hall
53095 Main Road
Southold, NewYork 11971
(Annex Dept. of Labor Wage Rate Information Here)
Town Hall Roof
' NYSDOL - Prevailing Wages (View PRC) Page 1 of 1
Unemployment Career Business
Benefits Services Services
PRC#: 2008000852
Type of Contracting Agency: Town
Workforce NY Workforce & Worker Forms and
Partners Industry Data Protection Publication~
Original W.~ge Schedu_e · Su~bm t N.p ce O_f.,~w._ard . .S. ubmt No ce Of Pro~j~
Acceptance Status: Accepted Article 8
Contracting Agency
Town of Southold
James McMahon
Director, Public Works
53095 Main Road
P.O. Box 1179
Southold NY 11971
(631) 765-1283
(631) 765- 9015 Fax
James. McMahon@Town.Southold. NY, US
=roject Information
Send Reply To
Project Title
Description of Work
Contract Id No.
Project Locations(s)
Route No I Street Address
Village / City
Town
State / Zip
Nature of Project
Approximate Bid Date
Checked Occupation(s)
Southold Town Hall Roof
Replacement and reconstruction of Town Hall roof
Southold Town Hall
53095 Main Road
Southold
NY
Other Reconstruction, Maintenance, Repair or Alteration
02/0112008
Construction (Building, Heavy & Highway, Sewer, Water, Tunnel)
AppScabte Counties
I Suffolk
Eliot Spitzer, Governor
M. Patricia Smith, Commissioner
Town of Southold
James McMahon, Director, Public Works
53095 Main Road
P.O. Box 1179
Southold NY 11971
Schedule Year
Date Requested
PRC#
2007 through 2008
01129/2008
2008000852
Location
Project ID#
Project Type
Southold Town Hall
Replacement and reconstruction of Town Hall roof
PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT
Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly
supplements for the project referenced above. A unique Prevailing Wage Case Number
(PRC#) has been assigned to the schedule(s) for your project.
The schedule is effective from July 2007 through June 2008. All updates, corrections, posted
on the 1st business day of each month, and future copies of the annual determination are
available on the Department's website www.labor.state.ny.us. Updated PDF copies of
your schedule can be accessed by entering your assigned PRC# at the proper location on
the website.
It is the responsibility of the contracting agency or its agent to annex and make part, the
attached schedule, to the specifications for this project, when it is advertised for bids and/or
to forward said schedules to the successful bidder(s), immediately upon receipt, in order to
insure the proper payment of wages.
Please refer to the "General Provisions of Laws Covering Workers on Public Work
Contracts" provided with this schedule, for the specific details relating to other
responsibilities of the Department of Jurisdiction.
Upon completion or cancellation of this project, enter the required information and mail OR
fax this form to the office shown at the bottom of this notice, OR fill out the electronic
version via the NYSDOL website.
NOTICE OF COMPLETION / CANCELLATION OF PROJECT
Date Completed: Date Cancelled:
Name & Title of Representative:
Phone: (518) 457-5589 Fax: (518) 485-1870
W. Averell Harriman State Office Campus, Bldg. 12, Room 130, Albany, NY 12240
www.labor.state.ny, us. PW 200 PWAsk@labor, state.ny.us
General Provisions of Laws Covering Workers on Article 8 Public Work Contracts
Introduction
The Labor Law requires public work contractors and subcontractors to pay laborers, workers, or mechanics employed in
the performance of a public work contract not less than the prevailing rate of wage and supplements (fringe benefits) in the
locality where the work is performed.
Responsibilities of the Department of Jurisdiction
A Depadment of Jurisdiction (Contracting Agency) 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 corporation; a public benefit corporation; and a public authority awarding a public work
contract.
The Department of Jurisdiction (Contracting Agency) awarding a public work contract MUST obtain a Prevailing Rate
Schedule listing the hourly rates of wages and supplements due the workers to be employed on a public work project.
This schedule may be obtained by completing and forwarding a "Request for wage and Supplement Information" form (PW
39) to the Bureau of Public Work. The Prevailing Rate Schedule MUST be included in the specifications for the contract to
be awarded and is deemed part of the public work contract.
Upon the awarding of the contract, the law requires that the Department of Jurisdiction (Contracting Agency) furnish the
foltowing 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 Award" form (PW 16) is provided with the original Prevailing Rate Schedule.
The Department of Jurisdiction (Contracting Agency) is required to notify the Bureau of the completion or cancellation of
any public work project. The Department's PW 200 form is provided for that purpose.
Hours
No laborer, worker, or mechanic in the employ of a contractor or subcontractor engaged in the performance of any public
work project shall be permitted to work more than eight hours in any day or more than five days in any week, except in
cases of extraordinary emergency. The contractor and the Depadment of Jurisdiction (Contracting Agency) may apply to
the Bureau of Public Work for a dispensation permitting workers to work additional hours or days per week on a particular
public work project.
Wages and Supplements
The wages and supplements to be paid and/or provided to laborers, workem, and mechanics employed on a public work
project shall be not less than those listed in the current Prevailing Rate Schedule for the locality where the work is
performed. If a prime contractor on a public work project has not been provided with a Prevailing Rate Schedule, the
contractor must notify the Department of Jurisdiction (Contracting Agency) who in turn must request an original Prevailing
Rate Schedule form the Bureau of Public Work. Requests may be submitted by: mail to NYSDOL, Bureau of Public Work,
State Office Bldg. Campus, Bldg. 12, Rm. 130, Albany, NY 12240; Fax to Bureau of Public Work (518) 485-1870; or
electronically at the NYSDOL website www.labor.state.ny.us.
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, by law, provide copies of all applicable county schedules to
each subcontractor and obtain from each subcontractor, an affidavit certifying such schedules were received. If the original
schedule expirad, the contractor may obtain a copy of the new annual determination from the NYSDOL website
www.labor, state.ny.u s.
The Commissioner of Labor makes an annual determination of the prevailing rates. This determination is in effect from
July 1st through June 30th of the following year. The annual determination is available on the NYSDOL website
www.labor.state.ny.us.
Payrolls and Payroll Records
Every contractor and subcontractor MUST keep odginal payrolls or transcripts subscribed and affirmed as true under
penalty of perjury. Payrolls must be maintained for at least three (3) years from the project's date of completion. At a
minimum, payrolls must show the following information for each person employed on a public work project: Name, Social
Security number Classification(s) in which the worker was employed, Houdy wage rate(s) paid, Supplements paid or
provide, and Daily and weekly number of hours worked n each classification.
Every contractor and subcontractor shall submit to the Department of Jurisdiction (Contracting Agency), within thirty (30)
days after ssuance of its first payroll and every thirty (30) days thereafter, a transcript of the original payrolls, subscribed
and affirmed as true under penalty of perjury. The Department of Jurisdiction (Contracting Agency) sha rece ve and
maintain such payrolls.
In addition, the Commissioner of Labor may require contractors to furnish, with ten (10) days of a request, payroll records
sworn to as their validity and accuracy for public work and private work. Payroll records include, by are not limited to time
cards, work description sheets, proof that supplements were provided, cancelled payroll checks and payrolls. Failure to
provide the requested information within the allotted ten (10) days will result in the withholding of up to 25% of the
contract, not to exceed $100,000.00. If the contractor or subcontractor does not maintain a place of business in New York
State and the amount of the contract exceeds $25,000.00, payroll records and certifications must be kept on the project
worksite.
The prime contractor is responsible for any underpayments of prevailing wages or supplements by any subcontractor.
All contractors or their subcontractors shall provide to their subcontractors a copy of the Prevailing Rate Schedule
specified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedules
by a contractor or subcontractor is a violation of Article 8, Section 220-a of the Labor Law.
All subcontractors engaged by a public work project contractor or its subcontractor, upon receipt of the original schedule
and any subsequently issued schedules, shall provide to such contractor a verified statement attesting that the
subcontractor has received the Prevailing Rate Schedule and will pay or provide the applicable rates of wages and
supplements specified therein. (See NYS Labor Laws, Article 8. Section 220-a).
Determination of Prevailing Wage and Supplement Rate Updates Applicable to All Counties
The wages and supplements contained in the annual determination become effective July 1st whether or not the new
determination has been received by a given contractor. Care should be taken to review the rates for obvious errors. Any
corrections should be brought to the Department's attention immediately. It is the responsibility of the public work
contractor to use the proper rates. If there is a question on the proper classification to be used, please call the district
office located nearest the project. Any errors in the annual determination will be corrected and posted to the NYSDOL
website on the first business day of each month. Contractors are responsible for paying these updated rates as well,
retroactive to July 1st.
When you review the schedule for a particular occupation, your attention should be directed to the dates above the
column of rates. These are the dates for which a given set of rates is effective. To the extent possible, the Department
posts rates in its possession that cover periods of time beyond the July 1st to June 30th time frame covered by a
particular annual determination. Rates that extend beyond that instant time period are informational ONLY and may be
updated in future annual determinations that actually cover the then appropriate July 1st to June 30th time period.
Withholding of Payments
When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or
provide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages or
supplements may be due, payments on the public work contract shall be withheld from the pdme contractor in a sufficient
amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final
determination.
When the Bureau of Public 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 of the Labor Law to so notify
the financial officer of the Department of Jurisdiction (Contracting Agency) that awarded the public work contract. Such
officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of such
contract the amount indicated by the Bureau as sufficient to satisfy the unpaid wages and supplements, including interest
and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until there is a final
determination of the underpayment by the Commissioner of Labor or by the court in the event a legal proceeding is
instituted for review of the determination of the Commissioner of Labor.
The Department of Jurisdiction (Contracting Agency) shall comply with this order of the Commissioner of Labor or of the
court with respect to the release of the funds so withheld.
Summary of Notice Posting Requirements
The current Prevailing Rate Schedule must be posted in a prominent and accessible place on the site of the public work
project. The prevailing wage schedule must be encased in, or constructed of, materials capable of withstanding adveme
weather conditions and be titled "PREVAILING RATE OF WAGES" in letters no smaller than two (2) inches by two (2)
inches.
Every employer providing workers, compensation insurance and disability benefits must post notices of such coverage in
the format prescribed by the Workers. Compensation Board in a conspicuous place on the jobsite.
Every employer subject to the NYS Human Rights Law must conspicuously post at its offices places of emp oyment, or
employment training centers, notices furnished by the State Division of Human Rights.
Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite notices
furnished by the NYS Department of Labor.
Apprentices
Employees cannot be paid apprentice rates unless they are individually registered in a program registered with the NYS
Commissioner of Labor. The allowable ratio of apprentices to journeyworkers in any craft classification can be no greater
than the statewide building trade ratios promulgated by the Department of Labor and included with the Prevailing Rate
Schedule. An employee listed on a payroll as an apprentice who is not registered as above or is performing work outside
the classification of work for which the apprentice is indentured, must be paid the prevailing joumeyworker's wage rate for
the classification of work the employee is actually performing.
NYSDOL Labor Law, Article 8, Section 220-3, require that only apprentices individually registered with the NYS
Department of Labor may be paid apprenticeship rates on a public work project. No other Federal or State Agency of
office registers apprentices in New York State.
Persons wishing to verify the apprentice registration of any pemon must do so in writing by mail, to the NYSDOL Office of
Employability Development / Apprenticeship Training, State Office Bldg. Campus, Bldg. 12, Albany, NY 12240 or by Fax
to NYSDOL Apprenticeship Training (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 registration is written verification from the NYSDOL Apprenticeship
Training Albany Central office. Neither Federal nor State Apprenticeship Training offices outside of Albany can provide
conclusive registration information.
It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any person is
registered in that program. Furthermore, the existence or possession of wallet cards, idenfificat[on cards, or copies of
state forms is not conclusive proof of the registration of any person as an apprentice.
Interest and Penalties
In the event that an underpayment of wages and/or supplements is found:
Interest shall be assessed at the rate then in effect as prescribed by the Superintendent of Banks pursuant to
section 14-a of the Banking Law, per annum from the date of underpayment to the date restitution is made.
A Civil Penalty may also be assessed, not to exceed 25% of the total of wages, supplements, and interest due.
Debarment
Any contractor or subcontractor and/or its successor shall be ineligible to submit a bid on or be awarded any public work
contract or subcontract with any state, municipal corporation or public body for a period of five (5) years when:
Two (2) willful determinations have been rendered against that contractor or subcontractor and/or its successor
within any consecutive six (6) year pedod.
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 and Article 9 of the Labor Law) constitute a misdemeanor
punishable by fine or imprisonment, or both.
Discrimination
No employee or applicant for employment may be discriminated against on account of age, race, creed, color, national
origin, sex, disability or madtal status.
No contrector, subcontractor nor any person acting on its behalf, shall by reason of race, creed, color, disability, sex or
national odgin discriminate against any citizen of the State of New York who is qualified and available to perform the work
to which the employment relates (NYS Labor Law, Article 8, Section 220-e(a)).
No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or intimidate
any employee on account of race, creed, color, disability, sex, or national origin (NYS Labor Law, Article 8, Section 220-
e(b) ).
The Human Rights Law also prohibits discrimination in employment because of age, marital status, or religion.
There may be deducted from the amount payable to the contractor under the contract a penalty of $50.00 for each
calendar day during which such person was discriminated against or intimidated In violation of the provision of the contract
(N¥S Labor Law, Article 8, Section 220-e(c) ).
The contract may be cancelled or terminated by the State or municipality. All monies due er to become due thereunder
may be forfeited for a second or any subsequent violation of the terms or conditions of the anti-discrimination sections of
the contract (NYS Labor Law, Article 8, Section 220-e(d) ).
Every employer subject to the New York State Human Rights Law must conspicuously post at its offices, places of
employment, or employment training centers notices furnished by the State Division of Human Rights.
Workers' Compensation
In accordance with Section 142 of the State Finance Law, the contractor shall maintain coverage during the life of the
contract for the benefit of such employees as required by the provisions of the New York State Workers' Compensation
Law.
A contractor who is awarded a public work contract must provide proof of workers' compensation coverage prior to being
allowed to begin work.
The insurance policy must be issued by a company authorized to provide workers' compensation coverage in New York
State. Proof of coverage must be on form C-105.2 (Certificate of Workers' Compensation Insurance) and must name this
agency as a certificate holder.
If New York State coverage is added to an existing out-of-state policy, it can only be added to a policy from a company
authorized to write workers' compensation coverage in this state. The coverage must be listed under item 3A of the
information page.
The contractor must maintain proof that subcontractors doing work covered under this contract secured and maintained a
workers' compensation policy for all employees working in New York State.
Every employer providing worker's compensation insurance and disability benefits must post notices of such coverage in
the format prescribed by the Workers' Compensation Board in a conspicuous place on the jobsite.
Unemployment Insurance
Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite notices
furnished by the New York State Department of Labor.
Eliot Spilzer, Governor
Town of Southold
James McMahon, Director, Public Works
53095 Main Road
P.O. Box 1179
Southold NY 11971
Schedule Year
Date Requested
PRC#
M. Patricia Smith, Commissioner
2007 through 2008
01/29/2008
2008000852
Location
Project
Project Type
Southold Town Hall
Replacement and reconstruction of Town Hall roof
Notice of Contract Award
New York State Labor Law, Article 8, Section 220.3a requires that certain information
regarding the awarding of public work contracts, be furnished to the Commissioner of Labor.
One "Notice of Contract Award" (PW 16, which may be photocopied), MUST be completed
for EACH prime contractor on the above referenced project.
Upon notifying the successful bidder(s) of this contract, enter the required information and
mail OR fax this form to the office shown at the bottom of this notice, OR fill out the
electronic version via the NYSDOL website.
Contractor Information
All information must be supplied
Federal Employer Identification Number:
Name:
Address:
City: State: Zip:
Amount of Contract: $ Contract Type:
[ ] (01) GeneraIConstruction
Approximate Starting Date: / ! [ ] (02) HeatingNentilation
[ ] (03) Electrical
Approximate Completion Date: ! ! [ ] (04) Plumbing
[ ] (05) Other:
Phone: (518)457-5589 Fax: (518)485-1870
W. Averell Hardman State Office Campus, Bldg. 12, Room 130, Albany, NY 12240
www.la bor. state.ny.us. PW 16 PWAsk~labor.state.ny.us
To all State Departments, Agency Heads and Public Benefit Corporations
IMPORTANT NOTICE REGARDING PUBLIC WORK ENFORCEMENT FUND
Budget Policy & Reporting Manual
B-610
Public Work Enforcement Fund
effective date December 7, 2005
1. Purpose and Scope:
This Item describes the Public Work Enforcement Fund (the Fund, PWEF) and its
relevance to State agencies and public benefit corporations engaged in construction or
reconstruction contracts, and announces the recently-enacted increase to the percentage of
the dollar value of such contracts that must be deposited into the Fund. This item also
describes the roles of the following entities with respect to the Fund:
New York State Department of Labor (DOL),
The Office of the State of Comptroller (OSC), and
State agencies and public benefit corporations.
2. Background and Statutory References:
DOL uses the Fund to enforce the State's Labor Law as it relates to contracts for
construction or reconstruction as defined in subdivision two of Section 220 of the Labor
Law. State agencies and public benefit corporations participating in such contracts are
required to make payments to the Fund.
Chapter 511 of the Laws of 1995 (as amended by Chapter 513 of the Laws of 1997,
Chapter 655 of the Laws of 1999, Chapter 376 of the Laws of 2003 and Chapter 407 of the
Laws of 2005) established the Fund.
3. Procedures and Agency Responsibilities:
The Fund is supported by transfers and deposits based on the value of contracts for
construction and reconstruction, as defined in subdivision two of Section 220 of the Labor
Law, into which all State agencies and public benefit corporations enter.
Chapter 407 of the Laws of 2005 increased the mount required to be provided to this fund
to .10 of one-percent of the total cost of each such contract, to be calculated at the time
agencies or public benefit corporations enter into a new contract or if a contract is amended.
The provisions of this bill became effective August 2, 2005.
To all State Departments, Agency Heads and Public Benefit Corporations
IMPORTANT NOTICE REGARDING PUBLIC WORK ENFORCEMENT FUND
OSC will report to DOL on ail construction-related ("D") contracts approved during the
month, including contract amendments, and then DOL will bill agencies the appropriate
assessment monthly. An agency may then make a determination if any of the billed
contracts are exempt and so note on the bill submitted back to DOL. For any instance
where an agency is unsure ifa contract is or is not exempt, they can call the Bureau of
Public Work at the number noted below for a determination. Payment by check or journal
voucher is due to DOL within thirty days from the date of the billing. DOL will verify the
amounts and forward them to OSC for processing.
For those contracts which are not approved or administered by the Comptroller, monthly
reports and payments for deposit into the Public Work Enforcement Fund must be provided
to the Administrative Finance Bureau at the DOL within 30 days of the end of each month
or on a payment schedule mutually agreed upon with DOL.
Reports should contain the following information:
Name and billing address of State agency or public
benefit corporation;
State agency or public benefit corporation contact and
phone number;
Name and address of contractor receiving the award;
Contract number and effective dates;
Contract amount and PWEF assessment charge (if
contract amount has been amended, reflect increase or
decrease to original contract and the adjustment in the
PWEF charge); and
Brief description of the work to be performed under each
contract.
Checks and Journal Vouchers, payable to the "New York State Department of Labor"
should be sent to:
Department of Labor
Administrative Finance Bureau-PWEF Unit
Building 12, Room 464
State Office Campus
Albany, NY 12240
Any questions regarding billing should be directed to NYSDOL's Administrative Finance
Bureau-PWEF Unit at (518) 457-3624 and any questions regarding Public Work Contracts
should be directed to the Bureau of Public Work at (518) 457-5589.
Prevailing Wage Rates for 07/01/2007 - 06/30/2008 Published by the New York State Depadment of Labor
Last Published on Jan 01 2008 PRO Number 2008000852
Introduction to the Prevailing Rate Schedule
Information About Prevailing Rate Schedule
This information is provided to assist you in the interpretation of part cular requirements for each classification of worker contained in the
attached Schedule of Prevailing Rates.
Classification
It is the duty of the Commissioner of Labor to make the proper classification of workers taking into account whether the work is heavy and
highway building sewer and water tunne work, or resident a, and to make a determination of wages and supplements to be paid dr
provided. It is the responsibilityof the pub c work contractor to use the Dreper rate. If there is a question on the proper classification to be
used, please call the district office located nearest the project. District office locations and phone numbers are listed below.
Prevailing Wage Schedules are issued separately for "General Construction Projects' and "Res'dent'al Construction Projects" on a county-
by-county basis.
General Construction Rates apply to projects such as: Buildings, Heavy & Highway, and Tunnel and Water & Sewer rates.
Residential Construction Rates genera y app y to construction, reconstruction, repair alteration, or demolition of one family two family, row
housing or rental type units intended for res dential use.
Some rates listed in the Residential Construct on Rate Schedule have a very limited applicability listed along with the rate. Rates for
occupations or locations not shown on the residential schedule must be obtained from the General Construction Rate Schedule. Please
contact the local Bureau of Public Work office before using Residential Rate Schedules, to ensure that the project meets the required criteria.
Paid Holidays
wP(~C~sHoOlnid..a~y~..a,r~.d_a~v_s~fo_r w~i~c~h a,~j eligj~b!e employee..rec.ei~es a, r,.e.~ul~r day's pay, b. ut is not required to perform work. If an employee
performed.
Overtime
At a minimum, all work performed on a public work project in excess of eight hours in any one day or more than five days in any workweek is
overtime. However, the specific overt me requirements for each trade or occupation on a public work project may differ. SpecBc overtime
requirements for each trade or occupation are contained in the prevailing rate schedules.
Overtime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required where the employee
actually performs work on such holidays.
The applicable holidays are listed under HOLIDAYS: OVERTIME The required rate of pay for these covered holidays can be found in the
OVERTIME PAY section listings for each classification.
Supplemental Benefits
Particular attention should be given to the supp emental benefit requirements. Although in most cases the payment or provision of
supp!e ,m.e, nls is for.ifa,ch hour ,worked,.some classifications require the payment or provision of supplements for each hour paid (including
palonol~aays on wnlcn 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
determinafion whlch takes effect on July l ofeachyear Al contractorear~dsubcontractorsarerequiredtopaythecurrentprevatlingretes
of wages and supplements. If you have any quest one p ease contact the Bureau of Public Work or visit the New York State Department of
Labor website (www.labor.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 rat o 1;1,1:3 indicates the allowable initial ratio is one Apprentice to one Journeyworker. The Joumeyworker must be in
place on fha project before an Apprentice is a owed Then three additiona/Joumeyworkers are needed before a second Apprentice is
aalln~Wseod~n.The last ratio repeats indefinitely. Therefore, three more Joumeyworkers must be present before a third Appmnfice can be hired,
Please call Apprentice Training Central Office at (518) 457-6820 If you have any questions.
Tiffs (Trade) Ratio
Boilermaker 1:1,1:3
Mason 1:1,1:4
Carpenter 1:1,1:4
Electrical (Outside) Lineman 1:1,1:2
Electrician (Inside) 1:1,1:3
Page 11
Prevailing Wage Rates for 07/01/2007 - 06/30/2008
Last Published on Jan 01 2008
Published by the New York State Department of Labor
PRC Number 200800085?
ElevatoflEscalator Construction & Modernizer 1:1,1:2
Glazier 1:1,1:3
Insulation & Asbestos Worker 1:1,1:4
Iron Worker 1:1,1:6
Laborer 1:1,1:3
Op Engineer 1:1,1:5
Painter 1:1,1:3
Plumber & Steamfitter 1:1,1:3
Roofer 1:1,1:2
Sheet Metal Worker 1:1,1:3
Sprinkler Fitter 1:1,1:2
If you have any questions concerning the attached schedule or would like additional information, please contact the nearest BUREAU of
PUBLIC WORK Distdct Off~ce or write to:
New York State Department of Labor
Bureau of Public Work
State Office Campus, Bldg. 12
Albany, NY 12240
District Office Locations:
Bureau of Public Work - Albany
Bureau of Public Work - Binghamton
Bureau of Public Work - Buffalo
Bureau of Public Work - Garden City
Bureau of Public Work - Newburgh
Bureau of Public Work - New York City
Bureau of Public Work - Patchogue
Bureau of Public Work - Rochester
Bureau of Public Work - Syracuse
Bureau of Public Work - Utica
Bureau of Public Work - White Plains
Bureau of Public Work - Central Office
Telephone Cf
518-457-2744
607-721-8005
716-847-7159
516-228-3915
845-568-5287
212-775-3568
631-687-4883
585-258-4505
315-428-4056
315-793-2314
914-997-9507
518-457-5589
FAX Cf
518-485-0240
607-721-8004
716-847-7650
516-794-3518
845-568-5332
212-775-3579
631-687-4904
585-258-4708
315-428-4671
315-793-2514
914-997-9523
518-485-1870
Page 12
Prevailing Wage Rates for 07/0112007 - 06/8012008
Last Published on Jan 01 2008
Suffolk County General Construction
Published by the New York Slate Department of Labor
PRC Number 2008000852 Suffolk County
JOB DESCRIPTION Asbestos Worker
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk
WAGES
Per hour: 07/01/2007
Abestos Worker
Removal & Abatement Only* $ 28.45
NOTE; *On Mechanical Systems that are NOT to be SCRAPPED.
NOTE: **May be distributed between wages and/or supplemental benefits.
SUPPLEMENTAL BENEFITS
Abestos Worker
Removal & Abatement Only $ 7.50
OVERTIME PAY
See (B, B2, K) on OVERTIME PAGE
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6) on HOLIDAY PAGE
NOTE: Easter Paid at Time and One-half IF worked
REGISTERED APPRENTICES
Apprentice Removal & Abatement Only:
1000 hour terms at the following percentage of Journeyman's rates.
1st 2nd 3rd 4th
78% 80% 83% 89%
DISTRICT 9
Supplemental Benefits:
(per Hour worked)
Apprentice
Removal & Abatement Only $ 7.50
9-12a - Removal Only
JOB DESCRIPTION Boilermaker DISTRICT 4
ENTIRE COUNTIES
Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, Westchester
WAGES
Per Hour: 07/01/2007- 01/01/2008- 01/01/09
12/31/2007 12/31/2008
Boilermaker $ 44.09 $ 44.98 $ 45.89
Repairs & Renovation $ 44.09 $ 44.98 $ 45.89
SUPPLEMENTAL BENEFITS
Per Hour: 07/01/2007- 01/01/2008- 01/01/2009
12/31/2007 12/31/2008
BoilerMaker
Repairs & Renovation*
48% of Hourly 48% of Hourly 48% of Hoady
Wage Paid + Wage Paid + Wage Paid +
$ 7.85 $ 8.09 $ 8.33
NOTE: "Houdy Wage Paid" shall in(Jude any and all premium(s) pay.
*Same as Boilermaker (Includes replacement of parts and repairs & renovation of an existing unit).
OVERTIME PAY
Page 13
Prevailing Wage Rates for 07/01/2007 - 06/30/2008 Published by the New York State Department of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
See (D, O) on OVERTIME PAGE
HOLIDAY
Paid: See (8, 16, 23, 24) on HOLIDAY PAGE
Overtime: See (5, 6, 11, 12, 15, 25) on HOLIDAY PAGE
NOTE: *Employee must work in pay week to receive Holiday Pay.
**Boilermarker gets 4 times the hourly wage rate for working on Labor Day.
***Repairs & Renovation see (B,E,Q) on HOLIDAY PAGE
REGISTERED APPRENTICES
(1/2) Year Terms at the following pecentage of Boilermaker's Wage
1st 2nd 3rd 4th 5th 6th 7th 8th
65% 65% 70% 75% 80% 85% 90% 95%
Supplemental Benefits Per Hour:
07/01/2007- 01/01/2008- 01/01/2009
12J31/2007 12/31/2008
Boilermaker 48% of Hourly 48% of Hourly 48% of Houdy
Apprentice(s) Wage Paid + Wage Paid + Wage Paid +
$ 7.85 $ 8.09 $ 8.33
Repaim & Renovation*
Apprentice(s)
$48% of Houdy
Wage Paid +
$ 7.61
NOTE: "Houdy Wage Paid" shall include any and all premium(s) pay.
*Includes replacement of pads and repairs & renovation of an existing unit.
4-5
JOB DESCRIPTION Carpenter DISTRICT 9
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Westchester
PARTIAL COUNTIES
Orange: South of but including the following, Waterloo Mills, SlateHill, New Hampton, Goshen, Btooming Grove, Mountainvi~le, east to the
Hudson River.
Putnam: South of but including the following, Cold Spring, TompkinsCorner, Mahopac, Croton Falls, east to Connecticut border.
Suffolk: West of Port Jefferson and Patchoque Road to Route 112 tothe Atlantic Ocean.
WAGES
Per hour: 07/01/2007
Core Drilling:
Driller $ 29.56
Assistant Driller 24.59
Note: Hazardous Waste Pay Differentiak
For Level C, an additional 10% above wage rate per hour
For Level B, an additional 10% above wage rate per hour
For Level A, an additional 10% above wage rata per hour
Note: When required to work on water:, an additional $ 0.50 per hour.
SUPPLEMENTAL BENEFITS
Per hour paid:
Driller $10.36
Assistant 10.36
OVERTIME PAY
OVERTIME:
See (B,E,K*,P,R**) on OVERTIME PAGE.
Page 14
Prevailing Wage Rates for 07/01/2007 - 06/30/2008 Published by the New York State Depadment of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
HOLIDAY
HOLIDAY:
Paid:
Overtime:
See (5,6) on HOLIDAY PAGE.
* See (5,6) on HOLIDAY PAGE.
** See (8,10,11,13) on HOLIDAY PAGE.
Assistant: One (1) year increments at the following percentage of Assistant
wages. This is not an apprenticeship for Driller.
1st Year 2nd Year 3rd Year 4th Year
70% 80% 90% 100%
9-1536-CoreDriller
JOB DESCRIPTION Carpenter
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester
WAGES
Per Hour: 07/01/2007
Timberman $ 38.04
SUPPLEMENTAL BENEFITS
Per hour paid:
Timberman $ 36.06
OVERTIME PAY
See (B, E, E2, Q) on OVERTIME PAGE
HOLIDAY
Paid:
Paid: for 1st & 2nd yr.
Apprentices
Overtime;
REGISTERED APPRENTICES
Wages per hour;
( 1 ) year terms:
1st
4O%
See (18,19) on HOLIDAY PAGE.
See (5,6,11,13,16,18,19,25)
See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE.
DISTRICT 9
2nd 3rd 4th
50% 655 80%
Supplemental benefits per hour:
Apprentices $ 23.89
9-1536
JOB DESCRIPTION Carpenter DISTRICT 9
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester
WAGES
Per hour:
Building
Millwright
SUPPLEMENTAL BENEFITS
Per hour paid:
Millwright
OVERTIME PAY
07/01/2007
$ 42.42
$ 39.97
Page 15
Prevailing Wage Rates for 07/01/2007 - 06/30/2008 Published by the New York State Depadment of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
See (B, E, E2, Q) on OVERTIME PAGE
HOLIDAY
Paid:
Paid: for 1st & 2nd yr.
Apprentices
Overt[me
REGISTERED APPRENTICES
Wages per hour:
(1) year terms:
See (18,19) on HOLIDAY PAGE.
See (5,6,11,13,16,18,19,25)
See (5,6,11,13,16,18,19,25)on HOLIDAY PAGE.
1st. 2nd, 3rd. 4th.
$ 23.33 $ 27.57 $ 31.82 $ 40.30
Supplemental benefits per hoer:
(I) year terms:
1st. 2nd. 3rd. 4th.
$ 25.34 $ 28.09 $ 31.84 $ 36.38
9-740.1
JOB DESCRIPTION Carpenter DISTRICT 9
ENTIRE COUNTIES
Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester
WAGES
Per hour: 07/01/2007
Madne Construction:
Marine Diver $ 52.53
M.D.Teeder 37.78
SUPPLEMENTAL BENEFITS
Per hour paid:
Journeyman $ 36.06
OVERTIME PAY
See (B, E, E2, Q) on OVERTIME PAGE
HOLIDAY
Paid: See (18,19) on HOLIDAY PAGE.
Paid: for 1st & 2nd yr.
Apprentices
See (5,6,10,11,13,16,18,19)
Overtime: See (5,6,10,11,13,16,18,19) on HOLIDAY PAGE.
REGISTERED APPRENTICES
Wager per hour:
(1) year terms:
1st 2nd 3rd 4th
$16,55 $ 20.69 $ 26.90 $ 33.11
Supplemental benefits per hour:
Page 16
Prevailing Wage Rates for 07/01/2007 - 06/30/2008 Published by the New York State Department of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
Apprentices $ 23.89
9-1456MC
JOB DESCRIPTION Carpenter DISTRICT 9
ENTIRE COUNTIES
Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester
WAGES
Per hour: 07/01/2007
CarpetJResilient
Floor Coverer $ 41.71
SUPPLEMENTAL BENEFITS
Per hour paid:
Floor Coverer $ 34.56
OVERTIME PAY
See (B, E, Q) on OVERTIME PAGE
HOLIDAY
Paid;
Paid; for 1st & 2nd yr.
Apprentices
Overtime:
See (18, 19)on HOLIDAY PAGE.
See (5,6,11,13,16,18,19,25)
See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE.
REGISTERED APPRENTICES
Wage per hour:
(1) year terms:
1st.
$16.68
2nd. 3rd. 4th.
$ 20.85 $ 27.11 $ 33.37
Supplemental benefits per hour:
Apprentices $ 23.14
9-2287
JOB DESCRIPTION Carpenter DISTRICT 9
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester
WAGES
Per hour:, 07/01/2007
Pileddver $ 42.01
Dockbuilder $ 42.01
SUPPLEMENTAL BENEFITS
Per hour paid:
Journeyman $ 36.01
Page 17
Prevailing Wage Rates for 07101/2007 - 0613012008 Published by lhe New York State Department of Labor
Last Published on ,lan 01 2008 PRC Number 2008000852 Suffolk County
OVERTIME PAY
See (B, E2, O) on OVERTIME PAGE
HOLIDAY
Paid:
Paid: for 1st & 2nd yr.
Apprentices
Overtime:
REGISTERED APPRENTICES
Wages per hour:
( 1)year terms:
1st.
$18.80
See (18,19)on HOLIDAY PAGE.
See (5,6,11,13,16,18,19,25)
See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE.
2nd. 3rd. 4th.
$ 22.83 $ 28.87 $ 34.92
Supplemental benefits per hour:
Apprentices $ 23.89
9-1456
,JOB DESCRIPTION Carpenter - Building / Heavy&Highway DISTRICT 4
ENTIRE COUNTIES
Nassau, Suffolk
WAGES
Per Hour:
Building Carpenter
Heavy Highway Carpenter
SUPPLEMENTAL BENEFITS
Per Hour:
07/01/2007
$ 35.60
$ 35.60
07/01/2007
Both Carpenter
Categories $ 29.25
OVERTIME PAY
See (B, E, Q) on OVERTIME PAGE
HOLIDAY
Paid: See (18, 19) on HOLIDAY PAGE
Overtime: See (5, 6, 16, 23, 24, 25) on HOLIDAY PAGE
REGISTERED APPRENTICES
One(l) Year Terms at the following pecentage of Joumeymans Wage
1st 2nd 3rd 4th
40% 55% 65% 75%
Supplemental Benefits
Per Hour:
All Apprentice Terms
07/01/2007
$15.90
4-Reg. Council Nass/Suff
JOB DESCRIPTION Electrician
ENTIRE COUNTIES
Nassau, Suffotk
Page 18
DISTRICT 4
Prevailing Wage Rates for 07/0112007 - 06/30/2008 Published by lhe New York State Department of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
WAGES
Per Hour:
07/01/2007- 01/01/2008- 01/01/2009
12/31/2007 12/31/2008
Tree Trimmer/
Line Clearance Specialist
SUPPLEMENTAL BENEFITS
Per Hour:
Tree Trimmed
Line Clearance Specialist
$ 24,71 $ 25.57 $ 26.46
07/01/2007- 01/01/2008- 01/01/2009
12/31/2007 12/31/2008
17.5% of Hourly 19.0% of Hourly 20.5% of Hourly
Wage Paid + Wage Paid + Wage Paid +
$ 5.18 $ 5.33 $ 5.48
NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay
OVERTIME PAY
See (B, E, P) on OVERTIME PAGE
HOLIDAY
Paid: See (5, 6, 8, 16, 23, 24, 25, 26) on HOLIDAY PAGE
NOTE: Time and One Half the Hourly Rate plus Holiday Pay if Worked
4-1049/Tree
JOB DESCRIPTION Electrician DISTRICT 4
ENTIRE COUNTIES
Nassau, Suffolk
WAGES
Per Hour: 07/01/2007
Telephone &
Intergrated Tele-
Data Sytems
Electrician
$ 31.80
"PLEASE NOTE"
This rate classification applies to ALL Voice,Data & Video work.: Excluding Fire Alarm Systems and Energy Managment Systems (HVAC
Controls), in those cases the regular Electrician rate applies. To ensure proper use of this rate please call the Garden City District Office at
(516)228-3915.
SUPPLEMENTAL BENEFITS
Per Hour: 07/01/2007
Electrician
47.5% of Houdy
Wage Paid +
$ 3.90
NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay
OVERTIME PAY
See (B, E, E2, Q) on OVERTIME PAGE
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE
4-25tela
JOB DESCRIPTION Electrician DISTRICT 4
ENTIRE COUNTIES
Nassau, Suffolk
WAGES
Per Hour: 07/01/2007
Page 19
Prevailing Wage Rates for 07/01 ~2007 - 06~30/2008 Published by the New York State Department of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
Electrcian
Electrical Maintenance
$ 34.90
"PLEASE NOTE"
Applicable to "EXISTING ELECTRICAL SYSTEMS"
including, but not limited to TRAFFIC SIGNALS &
STREET LIGHTING, Not used for addons.
SUPPLEMENTAL BENEFITS
Per Hour:
07/01/2007
Elec~cian
35.5% of Hourly
Wage Paid +
$ 5.28
NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay
OVERTIME PAY
See (B, E2, H) on OVERTIME PAGE
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE
REGISTERED APPRENTICES
One(l) Year Term(s) at the following Percentage
of Journeyman(s) Wage:
1st Yr 2nd Yr 3rd Yr 4th Yr 5th Yr
40% 50% 60% 70% 80%
Supplemental Benefits per hour
Apprentice(s)
35.5% of Houdy
Wage Paid +
$ 5.28
NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay
4-25m
JOB DESCRIPTION Electrician
ENTIRE COUNTIES
Nassau, Suffolk
WAGES
Per Hour: 07/01/2007-
04/25/2008
04/26/2008- 04125/2009
04/24/2009
Electrician $ 44.00 $ 44.75 $ 45.75
Fire Alarm 44.00 $ 44.75 $ 45.75
HVAC Controls 44.00 $ 44.75 $ 45.75
DISTRICT 4
PUMP & TANK WORK
Electrcian $ 35.20
SUPPLEMENTAL BENEFITS
Per Hour: 07/01/2007-
O4/25/2008
O4/26/2008- 04~25~2009
04124/2009
Electrcian
35.5% of Hourly 28.0% of Houdy 16.0% of Hourly
Wage Paid + Wage Paid + Wage Paid +
$11.91 $16.31 $ 22.69
NOTE: "Hourly Wage Paid" shall Include any and all premium(s)
OVERTIME PAY
See (B, E, Q) on OVERTIME PAGE
Page 20
Prevailing Wage Rates for 07/01/2007 - 06/30/2008 Published by the New York State Department of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE
REGISTERED APPRENTICES
One(l) Year Terms at the following Percetage of Journeyman(s) Wage
1st 2nd 3rd 4th 5th 6th
35% 40% 45% 50% 60% 70%
Supplemental Benefits per hour
Apprentice(s)
1st Term
2nd Term
3rd Term
4th Term
5th Term
6th Term
15% of Hourly 15% of Hourly 3% of Houdy
Wage Paid + Wage Paid + Wage Paid +
$1.97 $ 2.36 $ 4.54
15% of Hourly 15% of Hourly 3% of Houdy
Wage Paid + Wage Paid + Wage Paid +
$ 3.84 $ 4.30 $ 6.79
35.5% of Hourly 28.0% of Houdy 16.0% of Hourly
Wage Paid + Wage Paid + Wage Paid +
$ 5.36 $ 7.34 $10.21
35.5% of Hourly 28.0% of Houdy 16.0% of Hourly
Wage Paid + Wage Paid + Wage Paid +
$ 5.97 $ 8.17 $11.35
35.5% of Houdy 28.0% of Houdy 16.0% of Houdy
Wage Paid + Wage Paid + Wage Paid +
$ 7.14 $ 9.78 $13.61
35.5% of Houdy 28.0% of Houdy 16.0% of Hourly
Wage Paid + Wage Paid + Wage Paid +
$ 8.34 $11.42 $15.88
NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay
4-25
,.lOB DESCRIPTION Electrician Lineman DISTRICT 4
ENTIRE COUNTIES
Nassau, Suffolk
WAGES
For Utility Dis~bution & Transmission Line Construction
Per Hour: 07/01/2007
Lineman/Splicer $ 39.50
Maredal Man 34.37
Heavy Equip. Operator 31.60
Groundman 32.70
Flagman 17.78
Undergrond Natural Gasline Mechanic (2" or Less)
07/01/2007
Journeyman U.G,Mech. $ 31.81
SUPPLEMENTAL BENEFITS
Per Hour:.
Page 21
Prevailing Wage Rates for 07/01/2007 - 06/30/2008 Published by the New York State Depadment of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
Ufility Distribution & Transmission Line Construction
07101/2007
All Classifications
24% of Hourly
Wage Paid +
$ 6.40
Underground Natural Gas Mechanic
Journeyman U.G.Mech.
07/01/2007
12% of Hourly
Wage Paid +
$ 5.96
NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay
OVERTIME PAY
See (B, Q) on OVERTIME PAGE
Use Codes (B,G,P) for Natural Gas Mechanic
HOLIDAY
Paid: See (5, 6, 8, 16, 23, 25, 26) on HOLIDAY PAGE
QverUme: See (1) on HOLIDAY PAGE
REGISTERED APPRENTICES
1000 hour Periods at the following Percentage of Journeyman's Wage.
1st. 2nd. 3rd. 4th. 5th. 6th. 7th.
60% 65% 70% 75% 80% 86% 90%
4-1049 Line/Gas
JOB DESCRIPTION Bevator Constructor DISTRICT 9
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk
PARTIAL COUNTIES
Rockland: Enfire County except for the Township of Stony Point
Westchester. Entire County except for the Townships of Bedford, Lewisboro, Cortland, Mt. Kisce, North Salem, Pound Ridge, Somers and
Yorktown.
WAGES
Per hour:
07/01/2007
Elevator Constructor $ 45.98
Elevator Constructor
Modem. & Service $ 36.80
SUPPLEMENTAL BENEFITS
Per hour. 07/01/2007
Elevator Constructor $ 20.02
Modem./Service $19.87
OVERTIME PAY
Constructor. See ( C, O ) on OVERTIME PAGE.
Modern./Service See ( B, H ) on OVERTIME PAGE.
When a service contract requires two 8-hour shifts, Mon-Sat, worker assigned to each of the double shifts shall work 8 hours per day, 6 days
per week for a total of 48 hours. Worker shall be paid for 52 hours at single rate. Any worker who works less than 48 hours shall have his
premium prorated.
HOLIOAY
Paid: See (5, 6, 9, 11, 15, 16, 25) on HOLIDAY PAGE
Overtime: See (5, 6, 9, 11, 15, 16, 25) on HOLIDAY PAGE
Page 22
Prevailing Wage Rates for 07/01/2007 - 0613012008 Published by the New York State Department of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
REGISTERED APPRENTICES
WAGES: Per Hour 07/01/2007
One (1) year terms at the following rate
Elevator Constructor
1st Term $ 20.70
2nd Term $ 25.29
3rd Term $ 29.89
4th Term $ 34.49
Modem ./Service
1st Term $ 20.70
2nd Term $ 20.24
3rd Term $ 23.92
4th Term $ 27.60
Supplemental Benefits per hour paid:
One (1) year term at the following dollar amount
Elevator Constructor:
1st Term $16.79
2nd Term $17.12
3rd Term $17.76
4th Term $18.41
Modern/& Service:
1st Term $16.62
2nd Term $16.93
3rd Term $17.66
4th Term $18.29
9-1
JOB DESCRIPTION Glazier DISTRICT 9
ENTIRE COUNTIES
Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, Westchester
WAGES
Per hou~ 07/01/2007
Glazier $ 42.80
Scaffolding $ 43.80
Repair & Maintenance:
Glazier $ 25.35
Repair & Maintenance- Ail repair & maintenance work on a padicular building,
whenever performed, where the total cumulative contract value is under
$100,000.00.
SUPPLEMENTAL BENEFITS
Per hour paid:
Journeyman .... $ 21.94
Glazier
Repair & Maintenance**: $11.89
OVERTIME PAY
OVERTIME: See (C*,D*O) on OVERTIME PAGE.
· Denotes if an optional 8th hour is required same will be at the
regular rate of pay. If 9th hour is worked then both hours or more
( 8th and 9th or more ) will be at the double time rate of pay.
Page 23
Prevailing Wage Rates for 07/01/2007 ~ 06/30/2008 Published by the New York State Department of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk C0unt¥
** For Repair & Maintenance see ( B,F, P) on overtime page.
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6, 16, 25) on HOLIDAY PAGE
The Following are paid holidays for the Repair & Maintenance Class:
New Years day, Presidents day, Memorial day, Independents day, Labor day, Thanksgiving day, Day after Thanksgiving, and Christmas day.
REGISTERED APPRENTICES
Wage per hour:
(1) year terms at the following wage rates,
lstterm... $14.21
2nd term... $ 20.75
3rd term... $ 24.89
4thterm... $ 33.17
Supplemental Benefits:
(Per hour worked)
1st term .... $ 9.13
2nd term .... $13.62
3rd term .... $14.87
4th term .... $17.39
9-1281 (DC9 NYC)
JOB DESCRIPTION Insulator- Heat & Frost
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk
WAGES
Per hour: 07/01/2007- 12/31/2007
12/30/2007
Heat, Frost & Asbestos
Insulator(s)
$ 44.41 additional $1.75'
+ additional $1.50'
DISTRICT 9
Note: *May be added to wages and/or supplemental benefits.
SUPPLEMENTAL BENEFITS
Per Hour:
Insulator(s) $ 25.67 $ 25.67
OVERTIME PAY
See (C, O, V) on OVERTIME PAGE
HOUDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE
REGISTERED APPRENTICES
Wages:
,~Oprentice Insulator(s)
1 year terms at the following percentage of Journeyman's rates.
1st 2nd 3rd 4th
40% 6O% 70% 8O%
Supplemental Benefits per hour.
Page 24
Prevailing Wage Rates for 07/01/2007 - 06/30/2008 Published by the New York State Depa~tmenl of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
Apprentice Insulator(s)
Same % as
for Wage of
$ 25.67
Same % as
for Wage of
$ 25.67
9-12
JOB DESCRIPTION Ironworker
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchestar
WAGES
Wages: (Per Hour)
07/01/2007
Structural ..... $ 38.40
Riggers ..... $ 38.40
Machinery Movers ..... $ 38.40
Machinery Erectors ..... $ 38.40
DISTRICT 9
SUPPLEMENTAL BENEFITS
Per Hour:
Joumeyman.. $ 48.25
OVERTIME PAY
See (B*,E**,Q,V) on OVERTIME PAGE.
* Time and one-half shall be paid for all work in excess of (8) eight hours at the end of a work day to a maximum of two hoars on any regular
work day (the ninth (9th) and tenth (10th) hours of work)and double time shall be paid for all work thereafter.
** Time and one-half shall be paid for all work on Saturday up to eight (8) hours and double time shall be paid for all work thereafter.
HOLIDAY
Paid: See ('~) on HOLIDAY PAGE
Overtime: See (5, 6, 8, 18, 19) on HOLIDAY PAGE
REGISTERED APPRENTICES
Wages:
(Per Hour)
Six (6) month terms at the following wage rate.
1 st 2nd 3rd 4th 5th 6th
$20.29 20.89 21,49 21.49 21.49 21.49
Supplemental Benefits:
(Per Hour)
$ 34.38*
* Applies to all Apprentices.
9-40/361-Sir
JOB DESCRIPTION Ironworker DISTRICT 9
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester
PAR'RAL COUNTIES
Rockland: Southere Section
Page 25
Prevailing Wage Rates for 07/01/2007 - 06/30/2008 Published by the New York Stale Departmenl o1 Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
WAGES
Per hour: 07/01/2007
Reinforcing &
Metal Lathing... $ 45.57
SUPPLEMENTAL BENEFITS
Per hour paid:
Journeyman $ 30.96
OVERTIME PAY
OVERTIME: See (A*,E*,Q,V)on OVERTIME PAGE.
* All overtime in excess of ten (10)hours shall be paid at doubJe wage.
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6, 8, 10, 11, 13, 18, 19) on HOLIDAY PAGE
REGISTERED APPRENTICES
Wage per hour:
(1) year terms at the following wage rates:
1st 2nd 3rd
$ 26.52 $ 30.59 $ 35.12
Supplemental Benefits per hour paid:
1st 2nd 3rd
$ 21.33 $ 22.88 $ 23.93
9-46Reinf
JOB DESCRIPTION Ironworker DISTRICT 9
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester
WAGES
Per hour: 07/01/2007 01/01/2008
Ornamental $ 38.60 plus $1.25'
Chain Link Fence $ 38.60 plus $1.25'
Guide Rail Installation $ 38.60 plus $1.25'
Note: *May be distributed to wages and/or supplemental benefits
SUPPLEMENTAL BENEFITS
Per hour paid:
additional $1.25'
additional $1.25'
additional $1.25'
Journeyman: $ 36.37
OVERTIME PAY
OVERTIME: See (A*,D1,E**,Q,V) on OVERTIME PAGE.
*Time and one-half shall be paid for all work in excess of seven (7) hoom at the end of a work day to a maximum of two (2) houm on any
regular work da (8th & 9th houm of work) and double time shall be paid for all work thereafter.
**Time and one-half shall be paid for all work on Saturday up to seven (7) houm and double time shall be paid for all work thereaffer.
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Over,me: See (5, 6, 25) on HOLIDAY PAGE
REGISTERED APPRENTICES
1st term represents first 1-4 months, lhereaffer (1/2) year terms at the following percentage of Journeyman's wage.
APPRENTICES:
I st 2nd 3rd 4th 5th 6th
60% 65% 70% 80% 85% 95%
Page 26
Prevailing Wage Rates for 07/01/2007 - 06/30/2008
Last Published on Jan 01 2008
Published by the New York State Depadment of Labor
PRC Number 2008000852 Suffolk County
Supplemental Benefits per hour paid:
07/01/2007
001/01/2008
1st Term $ 27.45 $ 28.15
2nd Term $ 28.26 $ 28.96
3rdTerm $ 29.06 $ 29.78
4th Term $ 30.68 $ 31.41
5th Term $ 31.49 $ 32.23
6th Term $ 33.11 $ 33.86
9-580-0r
JOB DESCRIPTION ironworker
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester
WAGES
Per houc 07/01/2007
Derrickman/Rigger $ 47.36
SUPPLEMENTAL BENEFITS
Journeyman $ 25.09
DISTRICT 9
OVERTIME PAY
OVERTIME
See (A*,D1,E**,Q,V) on OVERTIME PAGE.
*Time and one-half shall be paid for all work in excess of seven (7)
houm at the end of a work day to a maximum of two hours on any regular
work day (the eighth (8th) and ninth (9) hours of work) and double time
shall be paid for all work thereafter.
**Time and one-half shall be paid for all work on Saturday up to seven
(7) hours and double time shall be paid for all work thereafter.
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6, 8, 10) on HOLIDAY PAGE
HOLIDAY:
Paid: ........ See (1) on HOLIDAY PAGE.
Overtime:....See (5', 6', 8'*, 24***, 25**) on HOLIDAY PAGE.
*No work shall be performed on this day, except in cases of emergency.
Such work shall be done at double time rate of pay.
**Double time rate of pay.
***Work stops at schedule lunch break with full day's pay.
REGISTERED APPRENTICES
Wage per hour.
(1/2) year terms at the following percentage of journeyman's wage.
1st 2nd 3rd 4th 5th
50% 50% 70% 80% 90%
Supplemental benefits per hour paid:
Registered ApprenUce
1 st year
All others
50% of joumeyman's rate
75% of joumeyman's rate
6th
90%
9-197D/R
JOB DESCRIPTION Laborer- Building
ENTIRE COUNTIES
Nassau, Suffolk
Page 27
DISTRICT 4
Prevailing Wage Rates for 07/01/2007 - 06/30/2008
Last Published on Jan 01 2008
Published by the New York State Department of Labor
PRC Number 2008000852 SuffolkCounty
WAGES
Per Hour:
Build[ng Laborer
Asbestos Abatment Worker
(Re-Roofing see Roofer)
07/01/2007
$ 27.00
25.50
SUPPLEMENTAL BENEFITS
Per Hour:
Building Laborer
Asbestos Worker
07/01/2007
$ 22.54
9.91
OVERTIME PAY
See (A, E, Q) on OVERTIME PAGE
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6, 25) on HOLIDAY PAGE
REGISTERED APPRENTICES
Regular Hours Work Terms (Not Available for Abatment Work)
TERM #1 1 hr to lO00hrs
TERM #2 1001hrs to 2000hrs
TERM #3 2001hrs to 3000hrs
TERM ~ 3001hrs to 4000hrs
Wages per hour:
APPRENTICES (Not Allowed on Abatment Work)
TERM #1 $16.21
TERM #2 18.90
TERM #3 21.60
TERM #4 24.30
Supplemental Benefits per hour:
APPRENTICES
TERM #1 $11.05
TERM #2 12.54
TERM #3 13.03
TERM ~t 13.45
4--66
DISTRICT 4
JOB DESCRIPTION Laborer- Heavy&Highway
ENTIRE COUNTIES
Nassau, Suffolk
WAGES
Laborer (Heavy/Highway):
GROUP # 1: Asphalt Rakers and Form,setters.
GROUP # 2: Asphalt Shovelers, Roller Boys and Tampers.
GROUP # 3: Basic Laborer, Power Tool, Tmckmen, Landscape, Pipelayer, Jackhammer and Concrete, Traffic Control Personnel.
07~1~007
WAGES PER HOUR:
GROUP # 1 $ 31.53
GROUP # 2 30.66
Page 28
Prevailing Wage Rates for 07/01/2007 - 06130/2008 Published by the New York Slate Department o[ Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk C0unly
GROUP # 3
SUPPLEMENTAL BENEFITS
Per Hour:
ALL GROUPS
After Forty (40)paid
Hours in a work Week
OVERTIME PAY
See (B, E2, F) on OVERTIME PAGE
NOTE:
NOTE:
HOLIDAY
Paid:
Overtime:
28.05
07/01/2007
$ 21.34
13.27
Premium Pay of 25% of wage for all Straight time hours on all
New York State D.O.T. and other Goverment Mandated
Off-Shift Work
Hazardous Material Work add an Additional 10%
of Houdy Rate
See (1) on HOLIDAY PAGE
See (1) on HOLIDAY PAGE
REGISTERED APPRENTICES
One (1) Year Terms at the following Pecentage of the Journeyman's Wage
1st 2nd
80% 90%
Supplemental Benefits per hour:
APPRENTICES $ 21.34
After Forty (40)paid
Hours in a work Week 13.27
4-1298
JOB DESCRIPTION Mason DISTRICT 9
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk
WAGES
Per Hour: 07/01/2007
BricPJBIocklayer $ 43.34
SUPPLEMENTAL BENEFITS
Per Hour:
Brick/Block Layer
07/01/2007
$ 20.61
OVERTIME PAY
See (A, E, E2, Q) on OVERTIME PAGE
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6, 25) on HOLIDAY PAGE
REGISTERED APPRENTICES
(750)Hour) Terms at the following Percentage of BdcldBIocklayer's Wage
1st 2nd 3rd 4th 5th 6th
500hm 500hm
50% 60% 70% 80% 90% 95%
Supplemental Benefits per hour:
Page 29
Prevailing Wage Rates for 07/01/2007 - 06/30/2008 Published by the New York State Department of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
All Apprentices $13.30
9-1Brk
JOB DESCRIPTION Mason- Building DISTRICT 9
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester
WAGES
Per hour: 07/01/2007
Building:
Tile Finisher $ 34.00
SUPPLEMENTAL BENEFITS
Journeyman $16.85
OVERTIME PAY
See (A, E, Q) on OVERTIME PAGE
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6, 8, 10, 11, 15, 16) on HOLIDAY PAGE
REGISTERED APPRENTICES
Wages:
(per hour paid)
( 750 hour ) terms at the following percentages of journeyman's wage.
I st 2nd 3rd 4th 5th 6th
50% 55% 65% 70% 75% 85%
Supplemental Benefits:
(per hour paid)
7th 8th
90% 95%
(750) hoer terms at the following dollar amount:
Apprentices. $ 7.50 + term wage % of $ 9.35
9-7/88-ff
JOB DESCRIPTION Mason- Building DISTRICT 9
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester
WAGES
Per hour: 07/01/2007
Building
Marble/Sawyer, Rubber
& Polisher $ 36.58
Marble Restoration
Finishers 18.66
SUPPLEMENTAL BENEFITS
Journeyman:
Polisher $14.63
Finisher 5.95
OVERTIME PAY
See (A, E, Q, V) on OVERTIME PAGE
HOLIDAY
Paid: See (*5, 6, 11, 15) on HOLIDAY PAGE
Overtime: See (5, 6, 11, 15) on HOLIDAY PAGE
oumeymen receive 1/2 days pay for Labor Day. Cleaner, Maintenance and 1 ST three terms of Apprentices see ( 5, 6, 11, 15 )on
HOLIDAY PAGE. All others See ( 1 ) on HOLIDAY PAGE.
REGISTERED APPRENTICES
Wages:
(per hour worked).
Page30
Prevailing Wage Rates for 07/01/2007 - 06/30/2008 Published by the New York State DeparLment of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
( 1/2 ) year terms at the following percentage of Journeyman's wage,
1 st 2nd 3rd 4th 5th
50% 55% 60% 65% 70%
Supplemental Benefits:
(per hour worked)
(750) hours term at the following dollar amount:
Apprentices:
term wage % of $ 8.20 + $ 6.78
6th 7th 8th
80% 90% 95%
9-7/24
JOB DESCRIPTION Mason- Building DISTRICT 9
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester
WAGES
Per hour: 07/01/2007
Building:
Tile Setters $ 42.27
SUPPLEMENTAL BENEFITS
Journeyman: $19.28
OVERTIME PAY
See (A, E, Q) on OVERTIME PAGE
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6, 8, 10, 11, 15, 16) on HOLIDAY PAGE
REGISTERED APPRENTICES
Wage per hour:
(750 hr)terms at the following percentage of journeyman's wage.
1 st 2nd 3rd 4th 5th 6th
50% 55% 65% 75% 85% 95%
Supplemental Benefits per hour paid:
Apprentice:
$ 9.93+ term wage % of 9.35
9-7/52
JOB DESCRIPTION Mason-Building DISTRICT 9
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester
WAGES
Building: 07/01/2007
Mosaic & Terrazzo Worker $41.68
Mosaic & Terrazzo Finisher $40.37
SUPPLEMENTAL BENEFITS
Journeyman: $18.55
OVERTIME PAY
See (A, E, Q, *V) on OVERTIME PAGE
* ADD $8.05 per hour to supplements on time & one-half overtime hours. ADD $10.05 per hour to supplements on double-time overtime
hours.
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6, 8, 11, 15, 16, 25) on HOLIDAY PAGE
REGISTERED APPRENTICES
Wage per hour:
Page 31
Prevailing Wage Rates for 07/01/2007 - 06/30/2008 Published by the New York State Depadment of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
(750 Hour) terms at the following percentage of the journeymans wage.
1st 2nd 3rd 4th 5th 6th
50% 55% 65% 70% 80% 95%
Supplemental benefits per hour paid:
(750 hour) terms at the following percentage of Journeyman's benefit.
1 st 2nd 3rd 4th 5th 6th
50% 55% 65% 70% 80% 95%
9-7/3
JOB DESCRIPTION Mason - Building / Heavy&Highway
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk
WAGES
Per Hour: 07/01/2007
Stone Setter $ 52.45
Stone Tender $ 34.13
DISTRICT 9
SUPPLEMENTAL BENEFITS
Per Hour: 07/01/2007
Stone Set~er $ 22.08
Stone Tender $14.88
OVERTIME PAY
See (*C, **E, Q)on OVERTIME PAGE
* On weekdays the eighth (Sth) and ninth (9th) hours are time and one-half all work thereafter is paid at double the hourly rate.
** The first seven (7) hours on Saturday is paid at time and one-half all work thereafter is paid at double the houdy rate.
HOLIDAY
Paid: See (8, 25) on HOLIDAY PAGE
Overtime: See (5, 6) on HOLIDAY PAGE
REGISTERED APPRENTICES
Per Hour: 07/01/2007
(750 hour) terms at the following percentage of Stone Setters Houdy Wage:
1st 2nd 3rd 4th 5th 6th
term term term term term term
50% 60% 70% 80% 90% 100%
Supplemental Benifit for all terms
07/01/2007
$13.56
9-1 Sin
JOB DESCRIPTION Mason - Building / Heavy&Highway DISTRICT 9
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk
WAGES
Shall Include but not limited to: fired day brick pavers, pre-cast con-crete slabs (london walks), pressed concrete pavers, cobble stone, all
types of flagging, asphalt concrete pavers- asphaltic cement sand and stone aggregate, unit safety surface,
WAGES: (per hour)
Page 32
Prevailing Wage Rates for 07/01/2007 - 06~30~2008 Published by the New York State Depadment of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
Journeyman
SUPPLEMENTAL BENEFITS
Journeyman
07/01/2007
$24.12
$10.76
OVERTIME PAY
See (B, E, Q) on OVERTIME PAGE
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Over[ime: See (5, 6, 25) on HOLIDAY PAGE
REGISTERED APPRENTICES
Wages: 0710112007
(per hour paid)
One year(l) Apprenticeship $ 20.27
Supplemental Benefits:
Apprentice: $ 6.08
9-1 Paver
JOB DESCRIPTION Mason ~ Building / Heavy&Highway DISTRICT 9
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester
WAGES
Per hour: 07/01/2007
Marble-Riggers,
Crane & Derrickman $ 39.23
SUPPLEMENTAL BENEFITS
Journeyman $18.82
OVERTIME PAY
See (C, O, V) on OVERTIME PAGE
HOLIDAY
Paid: See (*2) on HOLIDAY PAGE
Overtime: See (5, 6, 8, 11, 15, 25) on HOLIDAY PAGE
* 1/2 Day for Labor Day.
REGISTERED APPRENTICES
Wages: '
(per hour paid):
( 1/2 ) year terms at the following percentage of Journeyman's wage.
1 st 2nd 3rd 4th 5th 6th
07/01/2007 50% 55% 65% 75% 85% 95%
Supplemental Benefits:
(per hour paid)
07/01/2007 $ 8.65 + term wage % of $10.17
9-7/20-MR
JOB DESCRIPTION Mason- Heavy&Highway DISTRICT 9
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk
WAGES
Per Hour, 07/01/2007
(MASON)
Pointer, Cleaner &
Caulkers
35.98
Page 33
Prevailing Wage Rates for 07/01/2007 - 06/30/2008 Published by the New York State Department of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
SUPPLEMENTAL BENEFITS
Pointer, Cleaners &
Caulkem
OVERTIME PAY
See {B, E2, H) on OVERTIME PAGE
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Ovedime: See (5, 6) on HOLIDAY PAGE
REGISTERED APPRENTICES
Wages:
(Per hour)
$19.61
One (1) year terms at the following wage rotes.
1st
07/01/2007 $18.43
Apprentices Supplemental Benefits:
(per hour paid)
2nd 3rd 4th
$ 21.40 $ 26,31 $ 32,44
07/01/2007 I st 2nd 3rd 4th
$ 3.00 $ 6.85 $ 9.35 $ 9,35
9-1PCC
JOB DESCRIPTION Mason- Heavy&Highway DISTRICT 9
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk
WAGES
Per Hour: 07/01/2007
Cement Mason $ 41.80
SUPPLEMENTAL BENEFITS
Per Hour: 07/01/2007
Cement Mason $ 26.11
OVERTIME PAY
See (C, O, V) on OVERTIME PAGE
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6, 8, 11, 13, 25) on HOLIDAY PAGE
REGISTERED APPRENTICES
( 1 ) year terms at the following wage rates.
1 st Term $ 22.20
2nd Term 26.64
3rd Term 31.08
Supplement Benefits per hour paid:
Apprentices:
1st term $16.81
2nd term 18.67
3rd term 20.53
9-780
JOB DESCRIPTION Opemting Engineer- Building DISTRICT 9
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk
WAGES
NOTE: For Building Construction Only/All others refer to Heavy Highway
Page 34
Prevailing Wage Rates for 07101/2007 - 06/30/2008 Published by the New York State Department ef Labor
Last Published on Jan 01 2008
PRC Number 2008000852 Suffolk County
Per Hour: 07/01/2007- 07/01/2005
06/30/2008
Building Contruction
Party Chief $ 51.19 Add $ 2.60/Hr
Inetrument Man 40.59 Add 2.22/Hr
Rodman 27.52 Add 1.76/Hr
SUPPLEMENTAL BENEFITS
Per Hour: 07/01/2007- 07/01/2008
06/30/2008
All Catorgories $ 21.64 $ 21.64
OVERTIME PAY
See (A, *E, Q) on OVERTIME PAGE
* Doubletime paid on the 8th hour on Saturday.
HOLIDAY
Paid: See (5, 6, 8, 11, 12, 15, 25) on HOLIDAY PAGE
Overtime: See (5, 6, 8, 11, 12, 25) on HOLIDAY PAGE
9-15Db
JOB DESCRIPTION Operating Engineer- Building DISTRICT 4
ENTIRE COUNTIES
Nassau, Suffolk
WAGES
BUILDING CATEGORIES:
CLASS "AA "CRANES:
Crane, Truck Crane, Derrick, Dragline, Dredge, Crawler Crane, Tower Crane & Pile Driver.
CLASS "A":
Asphalt Spreader, Backhoe Crawler, Boiler, Boring Machine, Cherry Picker (over 50 tons), Concrete Pump, Gradall, Grader, Hoist, Loading
Machine (10 yds. or more), Milling Machine, Power Winch - Stone Setting/Structural Steel & Truck Mounted, Powerhouse, Road Paver,
Scoop-Carryall-Scraper in Tandem, Shovel, Sidebeem Tractor, Stone Spreader (self-propelled), Tank Work, Tower Crane Engineer.
CLASS "B":
Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Cherry Picker (under 50 Tons), Conveyor-Multi, Dinkey Locomotive, Fork Lift, Hoist
(2 Dram), Loading Machine & Front Loader, Mulch Machine (Machine Fed), Power Winches (Not Included in Class "A"), Asphalt Roller,
Hydraulic Pump with Boring Machine, Scoop, CanTall, Sceper, Maintenance Man on Tower Crane,
Trenching Machine, Vermeer Cutter, Work Boat.
CLASS "C":
Curb Machine, Maintenance Engineer (Small Equip. & Well Point), Field Mechanic, Milling Machine (Small), Pulv[ Mixer, Pumps (all), Roller
(dirt), Ridge Cutter, Vac-AiI, Shotblaster, Striping Machine, Interior Hoist, Concrete Finish Machine, ConcreteSpreeder, Conveyer, Curing
Machine, Hoist (one drum).
CLASS "D":
Concrete Breaker, Concrete Saw/Cutter, Fork Life or Walk Behind (power operated), Generator, Hydra Hammer, Compactors (mechanical or
hand operated), Pin Puller, Portable Heaters, Power Booms. Power Buggies, Pump (doubte action diaphragm).
CLASS "E":
Batching Plant, Generator, Gdnder, Mixer, Mulching Machine, Oiler, Pump (gypsum), Pump (single action diaphragm), Stump Chipper, Track
Tamper, Tractor (ceterpiller or wheel), Vibrator, Deckhand on Workboat.
07/01/2007
Class "AA"
Cranes: Boom length over 100 feet add $1.00 per hour
"150" "$1,50" ·
"250" "$ 2.00" ·
"350" '$3.00""
$ 50.11
Page 35
Prevailing Wage Rates for 07/01/2007 * 06/30/2008 Published by the New York State Department of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
Class "A"
* d
A d $3,50 for Hazardous Waste Work
Class "B"
*Add $2.50 for Hazardous Waste Work
Class "C"
*Add $1.50 for Hazardous Waste Work
Class "D"
Class "E"
$44.11'
$ 41.81'
$ 40.28'
$ 37.20
$ 35.65
SUPPLEMENTAL BENEFITS
Per Hour:
ALL CLASSES
07/01/2007
$ 27.29
$ 22~85
NOTE: Overtime Rate
OVERTIME PAY
See (D, O) on OVERTIME PAGE
HOLIDAY
Paid: See (5, 6, 8, 9, 15, 25) on HOLIDAY PAGE
Overtime: See (5, 6, 8, 9, 15, 25) on HOLIDAY PAGE
"NOTE": Employee must be employed day before and day after a
holiday to receive holiday pay.
REGISTERED APPRENTICES
One(l) Year Terms at the following Rate:
07/01/2007
1st Term $ 20.84
2nd Term 21.67
3rd Term 22.33
Supplemental Benefits per hour:
APPRENTICES
Note: OVERTIME AMOUNT
$15.89
5.85
4-138
JOB DESCRIPTION Operating Engineer- Building / Heavy&Highway DISTRICT 4
ENTIRE COUNTIES
Nassau, Suffolk
WAGES
Per Hour: 07/01/2007- 08/01/2007
07/31/2007
Well Driller $ 28.22 $ 29.00
Well Ddller Helper 24.87 25.52
Hazardous Waste Differential
,N:lded to Houdy Wage:
Level A $ 3.00 $ 3.00
Level B 2.00 2,00
Level C 1.00 1.00
Monitoring Well Work
Add to Hourly Wage:
Page36
Prevailing Wage Rates for 0710112007 - 06/30/2008 Published by the New York State Depadment of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
Level A
Level B
SUPPLEMENTAL BENEFITS
Per Hour:
Well Driller
Well Ddler Helper
(NOTE)
OVERTIME PAY
See (B, E, G, P) on OVERTIME PAGE
HOLIDAY
Paid:
Over[ime:
$ 3.00
2.00
07/01/2007-
07/31/2007
$10% of straight
time rate plus $9.55
Additional $2.25 for
Premium Time
See (5, 6, 16, 23) on HOLIDAY PAGE
See(5, 6, 16, 23) on HOLIDAY PAGE
$ 3.00
2.00
08/01/2007
10% of straight time
rate plus $ 9.55
Additional $ 2.88 for
Premium Time
4-138well
JOB DESCRIPTION Operating Engineer- Heavy&Highway
ENTIRE COUNTIES
Nassau, Suffolk
WAGES
HEAVY/HIGHWAY CATEGORIES:
DISTRICT 4
CLASS "AA" CRANES:
Crane, Truck Crane, Derrick, Dragline, Dredge, Crawler Crane, Tower Crane, Pile Driver.
CLASS "A":
Asphalt Spreader, Backhoe Crawler, Boiler Cherrypicker (over 50 tons), Concrete Pump, Grader, Gradall, Hoist Loading Machine 10 yds. or
morn), Milling Machine, Power Winch-Stone Setting/Structural Steel or Track Mounted, Powerhouse, Road Paver, Scoop-Can3,alI-Scaper in
Tandem, Shovel, Sidebeem Tractor, Stone Spreader (self propelled), Tank Work, Track Alignment Machine.
CLASS "B":
Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Cherry Picker (under 50 tons), Conveyor-Multi, Dinky Locomotive, Fork Lift, Hoist
(2 drum), Loading Machine & Front Loader, Mulch Machine (machine fed), Power Winches (all others not included in CLASS A), Asphalt
Roller, Hydraulic Pump with Boring Machine, Scoop, Carryall, Scaper, Maintenance Man on Tower Crane, Trenching Machine, Verrneer
Cutter, Work Boat.
CLASS "C":
Curb Machine, Maintenance Engineer (Small Equip. & Well Point), Field Mechanic, Milling Machine (Small), Pulvi-Mixer, Pumps, Roller
(Dirt), Vac-AII, Welding/Burning, Compressor (Structural Steel & 2 or more Batteries), Concrete Finish Machine, Concrete Spreader,
Conveyor, Cudng Machine, Fireman, Hoist (One Drum), Ridge Cutter, Striping Machine, Welding Machine (Structural Steel & Pile Work).
CLASS "D":
Compressor (Pile,Crane,Stone Setting), Concrete Saw Cutted Breaker, Work Lift (Walk Behind,Power Operated), Generater (Pile
Work),Hydra Hammer, Hand Operated Compactor, Pin Puller, Portable Heater, Powered Broom/Buggy/Grinder, Pump (Single Actiee-1 to 3
Inches/Gypsum/Double Action Diaphragm), Hand Trenching Machine, Welding Machine.
CLASS "E":
Batching Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Pump (Centrifugal up to 3 In.), Root Cutter, Stump Chipper, Oiler on
Tower Crane, Track Tamper, Tractor, Vibrator, Deckhand on Work Boat.
07/01/2007
Crane.s: Boom Length over 100 feet add $1.00 per hour
"150" "$1,50""
"250" "$2.00""
"350" "$3.00""
$ 51.34
Class "A"
"Add $3.50 for Hazardous Waste Work.
$ 45.33*
Class 'B"
$ 42.28*
Page 37
Prevailing Wage Rates for 07/01/2007 - 06/30/2008 Published by the New York State Department of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
*Add $2.50 for Hazardous Waste Work.
Class "C"
*Add $1.50 for Hazardous Waste Work
$ 40.74'
Class "D" $ 37.66
Class "E" $ 36.13
"NOTE": PREMIUM PAY of 25% on straight time hours for NEW YORK STATE-
D.O.T. and other GOVERNMENTAL MANDATED off-shift work.
SUPPLEMENTAL BENEFITS
Per Hour: 07/01/2007
ALL CLASSES $ 27.29
Note: OVERTIME AMOUNT $ 22.85
OVERTIME PAY
See (D, O) on OVERTIME PAGE
HOLIDAY
Paid: See (5, 6, 8, 9, 15, 25) on HOLIDAY PAGE
Overtime: See (5, 6, 8, 9, 15) on HOLIDAY PAGE
"NOTE": Employee must be employed day before and day after a
holiday to receive horiday pay.
REGISTERED APPRENTICES
One(l) Year Terms at the following Rate:
1st Term $ 20.84
2nd Term 21.67
3rd Term 22.33
APPRENTICES $ 15.69
Note: OVERTIME AMOUNT 5.85
4-138
JOB DESCRIPTION Operating Engineer- Marine Construction DISTRICT 4
ENTIRE COUNTIES
Albany, Allegany~ Bronx, Broome Cattaraugus Cayuga Chautauqua, Chemung, Chenango, Cl nton, Co umbia, Cortland Delaware,
Dutchess, Er e, ~ssex, Frankl n, Fulton, Genesee, Greene, Hamilton, Herklmer, Jefferson, Kings, Lew s, Livingston, Madison, Monroe,
Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Odeans, Oswego, Otsego, Putnam, Queens, Rensselaer,
Richmor~d,Rockland Saratoga, Schenectady, Schohade, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins,
U ster, Warren, Washington, Wayne, Westchester, Wyoming, Yates
WAGES
Per Hour:
DIPPER,CLAMSHELL DREDGES
& HYDRAULIC DREDGES
CLASS A
Operator, Leverman,
Lead Dredgeman
07/01/2007- 10/01/2007- 10/01/2008
09/30/2007 09/30/2008
$ 31.59 $ 32.09 $ 32.89
CLASS B
Spider/Spill Ba~ge Operator,
Tug Operator(over1000hp),
Operatcrll, Fill Placer,
Derrick Operator, Engineer,
Chief Mate, Elec~ician,
Chief Welder,
Malntenanca Engineer
Cedified Welder,
Boat Operator(licensed)
$ 27.49 $27.94 $ 28.49
$ 25.79
Page 38
$ 26.29 $ 26.84
Prevailing Wage Rates for 07/01/2007 * 06/30/2008 Published by the New York State Depar[rnent of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
CLASS C
Drag Barge Operator,
Steward, Mate,
Assistant Fill Placer,
Welder (please add)
Boat Operator
CLASS D
Shoreman, Deckhand,
Rodman, Scowman, Cook,
Messman, Porter/Janitor
Oiler(please add)
$ 25.04 $ 25.49 $ 26.14
$ 0.51 $ 0.06
$ 24.29 $ 24.79 $ 25.29
$ 20.34 $ 20.64 $ 21.09
$ O.O9
SUPPLEMENTAL BENEFITS
Per Hour:
THE FOLLOWING SUPPLEMENTAL BENEFITS APPLY TO ALL CATEGORIES
07/01/2007- 10/01/2007- 10/01/2008
09/30/2007 09/30/2008
All Classes A & B $ 7.55 plus $ 7.80 plus $ 8.05 plus
7% of straight 7% of straight 7% of straight
time wage time wage time wage
(overtime hours add) $ 0.63 $ 0.63 $ 0.63
All Class C $ 7.35 plus $ 7.50 plus $ 7.75 plus
7% of straight 7% of straight 7% of straight
time wage time wage time wage
(overtime hours add) $ 0.48 $ 0.48 $ 0.48
AiI Class D
(overtime hours add)
OVERTIME PAY
See (B, F, R) on OVERTIME PAGE
HOLIDAY
$ 6.95 plus $ 7.20 plus $ 7.45 plus
7% of straight 7% of straight 7% of straight
time wage time wage time wage
$ 0.33 $ 0.23 $ 0.23
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6, 8, 15, 26) on HOLIDAY PAGE
4-25a-MarConst
.JOB DESCRIPTION Operating Engineer-Trenchless Pipe Rehab DISTRICT 4
ENTIRE COUNTIES
Albany, Allegany, Bronx, Broome, Cattaraugus, Cayuga Chautauqua, Chemung, Chenango, C nton, Colurabia, Co,and, Delaware,
Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe,
Montgome~, Nassau, New York, Niagara, One da, Onondaga, Ontario, Orange, Odeans, Oswego, Otsego, Putnam, Queens, Rensselaer,
Richmond,Rockland Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins,
U ster, Warren, Washington, Wayne, Westchester, Wyoming, Yates
WAGES
Per Hour:
07/01~2007
DSET/DSSET Operator
$ 30.00
Robotic Unit Operator 30.00
DDCC Injection Operator
30.00
Techniden/Equipment Operator
25.50
Page39
Prevailing Wage Rales for 07101/2007 - 06/30/2008 Published by the New York Stale Department of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
AM LineflHydra Seal Installer
Hobas Pipe, Polyethyene Pipe or
Pull and Inflate Liner Inst.
25.50
25.50
SUPPLEMENTAL BENEFITS
Per Hour Worked
All Classifacations $11.34
OVERTIME PAY
See (B, H) on OVERTIME PAGE
HOLIDAY
Paid: See (5, 6, 8, 9, 15, 25) on HOLIDAY PAGE
REGISTERED APPRENTICES
At One Year Terms
(Per Hour)
Fimt Year $16.00
Second Year 16.75
Third Year 17.25
FoudhYear 18.00
Supplemental Senifit
(Per Hour Worked)
All Terms $11.34
4-138TrchPReh
JOB DESCRIPTION Painter DISTRICT 9
ENTIRE COUNTIES
Nassau, Suffolk
WAGES
Per hour: 05/01/~008
07/01/2007-
04/30/2008
Drywall Taper
SUPPLEMENTAL BENEFITS
Per hour worked:
$34.50 $ 35.0O
Journeyman $19.94 $ 20.84
OVERTIME PAY
See (A, H) on OVERTIME PAGE
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (4, 5, 6, 25) on HOLIDAY PAGE
REGISTERED APPRENTICES
Wages(per Hour) 07/01/2007-
04/30/2008
05/01/2008
lstYear $12.70 $13.25
2ndYear 17,25 17.50
3rd Year 20.70 21.00
4thYear 27.60 28.00
Suppemental Benefits:
(per Hour)
1st year $ 9.67
2nd Year 11,82
3rd year 14.15
Page40
$ 9.82
12.32
14.74
Prevailing Wage Rates for 07/01/2007 - 06130/2008 Published by the New York State Department of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
4th year 18.62 19.42
9-NYDCT9-DVVT
JOB DESCRIPTION Painter
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, Westchester
WAGES
(Per hour) 07/01/2007-
04/30/2008
05/01/2008
DISTRICT 9
Brush $ 34.50
Spray & Scaffold 37.50
Fire Escape 37.50
Decorator 37.50
Paperhanger/Wail Coverer 36.33
SUPPLEMENTAL BENEFITS
( per hour worked ) 07/01/2007-
04/30/2008
Paperhanger $ 23.15
All others 20.83
$ 35.00
38.00
38.00
38.00
36.83
05/01/2008
$24.15
20.94
OVERTIME PAY
See (A, H) on OVERTIME PAGE
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6, 16, 25) on HOLIDAY PAGE
REGISTERED APPRENTICES
Indentured after 5/31/93 ( 1 ) year terms at the following wage rate.
(per hour)
Appr 1st term... $12.70 $13.25
Appr 2nd term.., 17.25 17.50
Appr 3rd term... 20.70 21.00
Appr 4th term... 27.60 28.00
Spplemental benefls:
(per Hour worked)
Appr lstterm... $ 9.67 $ 9.82
Appr 2nd term... 11.82 12.32
Appr 3rd term... 14.15 14.74
Appr 4th term... 18.62 19.42
9-NYDC9-B/S
JOB DESCRIPTION Painter- Heavy&Highway DISTRICT 4
ENTIRE COUNTIES
Nassau, Suffolk
WAGES
Per Hour: 07/01/2007- 10/01/2007
09/30/2007
Structural Steel $ 43.00 $ 44.00
Bridge Painting 43.00 44.00
Power Tool/Compressor 49.00 50.00
"NOTE"
Bddge Painting Contracts, ALL WORKERS on and off the bridge(including flagmen) am to be paid Painting Rate, The Contract must be
ONLY for Bridge Painting.
SUPPLEMENTAL BENEFITS
Per Hour, 07/01/2007- 10/01A)7
09/30/2007
Page 41
Prevailing Wage Rates for 07/01/2007 - 06/30/2008 Published by the New York State Department of Labor
Last Published on Jan 01 2008
PRC Number 2008000852 Suffolk County
Painters/
All Classifications $ 26.47
$ 27,66
OVERTIME PAY
See (A, F, R) on OVERT[ME PAGE
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6) on HOLIDAY PAGE
REGISTERED APPRENTICES
Wages per hour:
One(l) Year Terms at the following
Percentage of the Journeyman(s) Wage:
lstTerm 40%
2nd Term 60%
3rd Term 80%
Supplemental Benefits per hour:
Apprentice(s)
1st Term $ 21.47 $ 27.66
2nd Term 26.47 27.66
3rd Term 26.47 27.66
4-DC9/NS-BrSS
JOB DESCRIPTION Painter- Line Striping DISTRICT 9
ENTIRE COUNTIES
Albany, Bronx, Clinton, Columbia, Dutchess Essex Franklin Fu ton, Greene, Hamilton, Kings, Montgomery, Nassau, New York Orange,
Putnam, Queens Rensse aer, R chmond, Rock and, Saratoga, Schenectady, Schoharie, Suffolk, Sullivan,'(Jlster, Warren, Washington,
Westchester
WAGES
Per hour:
Painter (Striping-Highway):
Striping-Machine Operator*
Linerman Thermoplastic
Note; *includes Traffic Control
SUPPLEMENTAL BENEFITS
Per hour paid:
Joumeyman:
OVERTIME PAY
See (B, E, P, S) on OVERTIME PAGE
HOLIDAY
07/01/2007 06/01/2008
$ 24.71 $ 25.53
$ 29.79 $ 30.79
07/01/2007
$ 8.72 + 7% of wage
06/01/2008
$ 9.97 + 7% of wage
Paid: See (5, 20) on HOLIDAY PAGE
Overtime: See (5, 8, 11, 12, 15, 16, 17, 20, 21, 22) on HOLIDAY PAGE
9-8A/28A-LS
,JOB DESCRIPTION Painter- Metal Polisher DISTRICT 9
ENTIRE COUNTIES
Albany, Allegany, Bronx, Breeme, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Corlland, Delaware
DMUotn~%~Er~, ~aEsSsSaeuX.,NFerawny~io~(.F~iitaO(n, Ge~nese..e, Greene., Hamilton,.Herldmer, Jefferson, Kings, Lewis, Livingston, Madison Monroe,
,y , , gara, une~a, unoneaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Queens, Rensselaer
RJchmend, Rockland, Saratoga, Schenectady, Schohade, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga Torepkins,
Ulster, Warren Washington, Wayne, Westchester, Wyoming, Yates
WAGES
07/01/2007
Metal Polisher $ 23.10'
Page42
Prevailing Wage Rates for 07/01/2007 - 06/30/2008 Published by the New York State Department of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
Note: *All workers shall be paid an additional premium in an amount equal to ~venty (20%) percent of their basic straight time rate of pay for
ali time worked on hanging scaffolds and on standing scaffolds while working more than 34 feet off the ground. Such premium are to be paid
on top of their straight time or overtime, whichever is applicable. This also applies to employees erecting scaffolding.
SUPPLEMENTAL BENEFITS
Per Hour: 07/01/2007
Journeyman: $11.02
OVERTIME PAY
See (B, E, Q, T) on OVERTIME PAGE
HOLIDAY
Paid: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE
Overtime: See (5, 6, 9, 11, 15, 16, 25, 26) on HOLIDAY PAGE
REGISTERED APPRENTICES
55% of Basic Polisher Rate (*)
9-8N28A-MP
JOB DESCRIPTION Plasterer DISTRICT 9
ENTIRE COUNTIES
Kings, Nassau, Queens, Suffolk
PARTIAL COUNTIES
New York: Includes work in all Islands in New York City, except Manhattan.
WAGES
Per hoer:
07/01/2007
Building:
Plasterer/Traditional $ 35,53
SUPPLEMENTAL BENEFITS
Per hour worked:
Joumeyman $ 21.80
OVERTIME PAY
See (B, E, E2, Q) on OVERTIME PAGE
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6, 8, 11, 13, 25, 26) on HOLIDAY PAGE
REGISTERED APPRENTICES
Wages:
(per hour)
( 1 ) year terms at the following % journeyman's wage rate.
First year: I st 6 months 2nd 6 months
40% 45%
Second year: I st 6 months 2nd 6 months
55% 60%
Third year: 1st 6 months 2nd 6 months
70% 75%
Supplemental Benefits:
(per hour paid):
(1) year term broken down into six month pedods:
1 st year.
1st six months $ 8.37
2nd six months 9.35
3rd six months 11.35
4th six months 12.33
5th six months 14.33
6th six months 15.33
Page 43
Prevailing Wage Rates for 07/0112007 - 06/30/2008
Last Published on Jan 01 2008
Published by the New York State Department of Labor
PRC Number 2008000852 Suffolk County
9-530-Z1
JOB DESCRIPTION Plumber
ENTIRE COUNTIES
Nassau, Suffolk
WAGES
Per Hour:
07/01/2007- 06/01/2008
05/31/2008
Plumbed
PUMP & TANK $ 40.18 $ 42.24
SUPPLEMENTAL BENEFITS
Per Hour: 07/01/2007- 06/01/2008
05/31/2008
Plumber $18.57 $18.57
DISTRICT 4
OVERTIME PAY
See (B, N, V) on OVERTIME PAGE
(V) Sunday & Holidays Only
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6, 16, 25) on HOLIDAY PAGE
REGISTERED APPRENTICES
One(l) Year Terms at the Following Wage Per Hour:
07/01/2007- 06/01/2008
05/31/2008
lstTerm $ 9.66 $ 9.77
2nd Term 14.54 15.37
3rd Term 19.93 20.96
4th Term 25.57 26.80
Supplemental Benefits per hour:
1st Term $ 7,89 $ 8.39
2nd Term 8.89 8,89
3rd Term 9.39 9.39
4th Term 9.64 9.64
4-200 Pump & Tank
JOB DESCRIPTION Plumber
ENTIRE COUNTIES
Nassau, Suffolk
WAGES
Per Hour: 07/01/2007
Plumber
MAINTENANCE ONLY $ 24.25
(NOTE)
Malnterance: Correction of problem(s)wlth the existing fixture or group of
fixtures, preventive repalm or servicing of said fixtures.
SUPPLEMENTAL BENEFITS
Per Hour:.
DISTRICT 4
Page44
Prevailing Wage Rates for 07/0112007 - 06/30/2008
Last Published on Jan 01 2008
Published by the New York State Department of Labor
PRC Number 2008000852 Suffolk County
Plumber $ 7.65
OVERTIME PAY
See (B, J) on OVERTIME PAGE
HOLIDAY
Paid: See 1)on HOLIDAY PAGE
Overtime: See 5, 6, 15, 16) on HOLIDAY PAGE
REGISTERED APPRENTICES
One(l) Year Terms, Wages Per Hour as Follows:
07/01/2007
1st Term $12.34
2nd Term 13.29
3rd Term 14.28
4th Term 15.31
5th Term 16.38
Supplemental Benefits per hour:
1st Term $ 6.20
2nd Term 6.20
3rd Term 6.20
4th Term 6.20
5th Term 6.20
4-200 Maintance
,,lOB DESCRIPTION Plumber DISTRICT 4
ENTIRE COUNTIES
Nassau, Suffolk
WAGES
Per Hour: 07/01/2007- 11/01/2007-
10/31/2007 04/30/2008
Plumber $ 44.90 $ 46.08
05/01/2008
$ 46.98
SUPPLEMENTAL BENEFITS
Per Hour:
Plumber $ 23.42 $ 24.33 $ 24.68
OVERTIME PAY
See (A, O, V) on OVERTIME PAGE
CODE "V" is only for SUNDAYS and HOLIDAYS WORKED
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE
REGISTERED APPRENTICES
One(l) Year Terms at the following percentage of Plumpem Rate:
1st Term 2nd Term 3rd Term
30% 40% 50%
4th Term 5th Term
60% 70%
Supplemental Benefits per hour:.
07/01/2007-
10/31/2007
ls! Term $11.99
11/01/2007-
04/30/2008
$12.79
Page 45
05/01/2008
$12.89
Prevailing Wage Rates for 07/01/2007 - 06/30/2008 Published by the New York State Department of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
2nd Term 13.82 14.64 15.14
3rd Term 15.83 16.38 16.78
4th Term 16.83 17.68 17.78
5th Term 17.68 18.68 18.78
4-200
JOB DESCRIPTION Roofer
ENTIRE COUNTIES
Nassau, Suffolk
WAGES
Per Hour: 07/01/2007
Roofer/Waterproofer $ 35.50
SUPPLEMENTAL BENEFITS
Per Hour:
Roofer/Waterproofer $ 22.62
DISTRICT 4
OVERTIME PAY
Per Hour:
NEW ROOF SEE (B,E,Q)
RE-ROOF SEE (B,E,E2,Q)
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6, 13, 16, 25) on HOLIDAY PAGE
REGISTERED APPRENTICES
(1) Year terms at the following pecentage of Roofers/Waterproofers Wage
1st 2nd 3rd 4th
40% 50% 70% 80%
Supplemental Benefits per hour:.
1st Term $ 2.00
2nd Term 6.00
3rd Term 12.35
4th Term 17.31
4-154
JOB DESCRIPTION Sheetmetal Worker DISTRICT 4
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk
WAGES
Per Hour; 07/01/2007
Sheetmetal Worker $ 42.06
For Temporary Operation or
Maintenance of Fans is 80% of Above Wage Rata
SUPPLEMENTAL BENEFITS
Par Hour: 07/01/2007
08/01/2007
42,06 + additional
$1.25'
02/01/2008
an additional
$1.75'
Sheetmetal Worker $ 33.34
Page46
Prevailing Wage Rates for 07/01/2007 - 06/30/2008 Published by the New York State Department of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
*May be distributed between wages and/or supplemental benefits.
OVERTIME PAY
See (A, O) on OVERTIME PAGE
For Fan Maintenance See Codes B & O
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE
REGISTERED APPRENTICES
Per Hour:
(1/2) Year Terms at the following percentage of joumeyman*s houdy wage:
1st 2nd 3rd
30% 35% 40%
4th
45%
5th 6th 7th 8th
50% 55% 60% 70%
Supplemental Benefits per hour:
1st Term $13.11
2nd Term 14.86
3rd Term 16.35
4th Term 17.92
5th Term 19.45
6th Term 20.89
7th Term 22.79
8th Term 26.49
4-28
JOB DESCRIPTION Sheetmetar Worker DISTRICT 9
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffork, Westchester
WAGES
Per Hour: 07/01/2007
Sign Erector* $ 36.20
*NOTE: Overhead Highway Signs and Structurally Supported Signs
(See IRON WORKER CLASS)
SUPPLEMENTAL BENEFITS
Per Hour:
07/01/2007
Sign Erector $ 25.48
OVERTIME PAY
See (A, F, S) on OVERTIME PAGE
HOLIDAY
Paid: See (5, 6, 11, 12, 16, 25) on HOLIDAY PAGE
Overtime: See (5, 6, 10, 11.12, 16, 25) on HOLIDAY PAGE
REGISTERED APPRENTICES
Wage per hour: 07/01~007
Half (1/2) year terms at the following rate(s):
1 st 2nd 3rd
$12,67 $14,48 $16.29
4th
$18.10
5th
$19.91
6th 7th 8th ~h 10th
$21.72 $23.53 $25.34 $27.15 $28.96
Supplemental Benefits per hour paid:
Half (1/2) year terms at the following dollar amount
Page 47
Prevailing Wage Rates for 07/01/2007 - 06/30/2008 Published by [he New York State Department of Labor
Last Published on Jan 01 2008
PRC Number 2008000852 Suffolk County
1st 2nd 3rd 4th 5th
$8.28 $9.21 $10.16 $11.09 $12.18
6th 7th 8th 9th loth
$12.97 $14.07 $14.86 $15.95 $16.74
9-137-SE
JOB DESCRIPTION Steamfitter
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk
WAGES
Per Hour
07/01/2007-
12/25/2008
Steam Fitter* $ 45.17
Sprinkler Fitter* 45.17
For Work on Temporary Heat**
& Air Conditioning 34.32*
SUPPLEMENTAL BENEFITS
Per Hour
Steamfitter $ 38.38
Sprinkler Fitter 38.38
1 2/2612008
Additional
$ 2.00 per
Hour for all
Catagories
DISTRICT 9
(For Work on Temporary
Heat & Air conditioning).
OVERTIME PAY
See (*C, **D, O, V) on OVERTIME PAGE
$ 27.40
HOLIDAY
Paid: See (1) on HOLIDAY PAGE
Overtime: See (5, 6, 11, 15, 16, 25) on HOLIDAY PAGE
REGISTERED APPRENTICES
Wages per hour worked:
( 1 ) year terms at the following pementage of Journeyman's
wage.
Apprentices: 1 st 2nd
3rd
65%
40%
Suppelmental Benefits:
(1) year term at the following dollar amounts:
Apprentices: 1 st
07/01/2007 $15.79
50%
4th
8O%
5th
85%
2nd 3rd 4th 5th
$19.47 $24.98 $ 30,15 $ 32.32
9-638A-StmSpFtr
JOB DESCRIPTION Steamfitter
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk
WAGES
Per Hour: 07/01/2007
Steamfltter/Maintance $ 32.45
Page 48
DISTRICT 9
Prevailing Wage Rates for 07/01/2007 - 0613012008 Published by the New York State Departmenl of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
Refrigeration, NC, Oil Burner and Stoker Service and Installations,
limited on Refrigeration to combined compressors up to five (5) horsepower,
and on A/C Heating and Air Cooling to combined compressors up to ten (10)
horsepower.
SUPPLEMENTAL BENEFITS
Per Hour 07/01/2007
Steamfitter/Maintance $ 7.71
OVERTIME PAY
OVERTIME:....See ( B, E, Q*, S** ) on OVERTIME PAGE.
HOLIDAY
HOLIDAY:
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 )
9-638B-StmFtrRef
JOB DESCRIPTION Survey Crew Consulting DISTRICT 9
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, Westchester
PARTIAL COUNTIES
Dutchess: Only the portion south of the north city line in Poughkeepsie.
WAGES
Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a
Consulting Engineer agreement.
WAGES: (per hour)
07/01/2007
OVERTIME PAY
OVERTIME:.... See ( B, E*, Q, V ) ON OVERTIME PAGE.
*Doubletime paid on the 9th hour on Saturday.
HOLIDAY
Paid: See (5, 6, 7, 11, 16) on HOLIDAY PAGE
Overtime: See (5, 6, 7, 11, 16) on HOLIDAY PAGE
9-15dconsult
JOB DESCRIPTION Teamster- Building / Heavy&Highway DISTRICT 4
ENTIRE COUNTIES
Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk
WAGES
Per Hour: 07/01/2007
Track Ddver, Chauffeur
Trailers $ 26.33
Straight Jobs 26,03
SUPPLEMENTAL BENEFITS
Per Hour: 07/01/2007
Page 49
Survey Rates:
Party Chief. .... $ 29.82
Instrument Man., $ 25.01
Rodman .......... $ 21.95
SUPPLEMENTAL BENEFITS
(per hour paid)
Journeyman ...... $11.70
Prevailing Wage Rates for 07/01/2007 - 06~30~2008 Published by the New York State Department of Labor
Last Published on Jan 01 2008 PRC Number 2008000852 Suffolk County
All Classifications $19.20
OVERTIME PAY
See (B, L, S, S1) on OVERTIME PAGE
HOLIDAY
Paid: See (5, 6, 7, 8, 11, 12, 26) on HOLIDAY PAGE
Employee must work Two(2) Days in Holiday Week
4-282.Demo
JOB DESCRIPTION Teamster - Building / Heavy&Highway
ENTIRE COUNTIES
Nassau, Suffolk
WAGES
Per Hour: 07/01/2007
DISTRICT 4
"TRUCK DRIVER"
Heavy Highway $ 32.885
Building 32.885
Asphalt Delivery 32.885
Concrete Delivery 32.885
ADDITIONS Per Day:
Three(3) Axle Tractors
and Trailers: $10.00
Heavy Equipment
and Tag-Along Trailers: $10.00
BoomTruck Drivem: $ 8.00
SUPPLEMENTAL BENEFITS
Per Hour: 07/01/2007
"TRUCK DRIVER"
All Classifications $ 27.05
OVERTIME PAY
See (B, E, Q, R, T) on OVERTIME PAGE
(NOTE) PREMIUM PAY of 25% on straight time hours for New York State
D.O.T. and or other GOVERNMENTAL MANDATED off shift work.
HOEDAY
Paid: See (5, 6, 11, 12, 15, 25) on HOLIDAY PAGE
Overtime: See (11, 12, 15, 25) on HOLIDAY PAGE
Employee must Work TWO(2) Days in Holiday Week.
5,6,13 Paid at Tdple if Worked.
4-282ns
JOB DESCRIPTION Welder DISTRICT 1
ENTIRE COUNTIES
Albany, Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware,
Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe,
Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontado, Orange, Orleans, Oswego, Otsego, Putnam, Queens, Rensselaer,
Richmond,Rockland Saratoga, Schenectady Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins,
U ster, Warren, Wash ngton, Wayne, Westchester, W~oming, Yates
WAGES
Per hour 07/01/2007
Welder (To be paid the same rate of the mechanic performing the work)
OVERTIME PAY
HOLIDAY
1-~rT~de
P~e50
Prevailing Wage Rates for 07/01/2007 ~ 06/30/2008 Published by the New York State Depadment of Labor
Last Published on Jan 01 2008 PRC Number 2008000852
Overtime Codes
Following is an explanation of the code(s) listed in the OVERTIME section of each classification contained in the attached schedule.
Additional requirements may also be listed in the HOLIDAY sec[ion.
(A)
(AA)
B)
B1 )
B2)
C)
Cl )
D)
D1 )
E)
E1 )
(E3)
(E2)
( E4
(F
(G
(H
(~
(J
(K
(L
(M
(N
(o
(P
(Q
(R
(S
(SI)
(T)
Time and one half of the hourly rate after 7 hours per day
Time and one half of the hourly rate after 7 and one half hours per day
Time and one half of the houdy rate after 8 hours per day
Time and one half of the hourly rate for the 9th & 10th hours week days and the 1st 8 hours on Saturday.
Double the hourly rate for all additional hours
Time and one half of the houdy rate after 40 hours per week
Double the hourly rate after 7 hours per day
Double the houdy rate after 7 and one half hours per day
Double the hourly rote after 8 hours per day
Double the hourly rate after 9 hours per day
Time and one half of the hourly rate on Saturday
Time and one half 1st 4 hours on Saturday Double the hourly rote all addiaonal Saturday hours
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
Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement
weather
Saturday and Sunday may be used as a make-up day at straight time when a day is lost dudng that week due
to inclement weather
Time and one half of the hourly rote on Saturday and Sunday
Time and one half of the hourly rate on Saturday and Holidays
Time and one half of the houdy rate on Saturday, Sunday, and Holidays
Time and one half of the hourly rate on Sunday
Time and one half of the hourly rate on Sunday and Holidays
Time and one haif of the houriy rote on Holidays
Double the hoed ~ rote on Saturday
Double the houd ~ rate on Saturday and Sunday
Double the houd ~ rote on Saturday and Holidays
Double the houd ~ rate on Saturday, Sunday, and Holidays
Double the hoed, rote on Sunday
Double the houd, rate on Sunday and Holidays
Double the houri, rote on Holidays
Two and one half times the houriy rate for Holidays. if worked
Two and one half ames the houdy rate the first 8 hours on Sunday or Holidays One and one half times the
hourly rote all additional hours.
Triple the houdy rate for Holidays. if worked
Page 51
Prevailing Wage Rates for 07/011200? - 0613012008 Published by the New York State Department of Labor
Last Published on Jan 01 2008 PRC Number 2008000852
( U ) Four times the hourly rate for Holidays, if worked
( V ) Including benefits at SAME PREMIUM as shown for overtime
( W ) Time and one half for benefits on all ovedime hours.
NOTE:BENEFITS are PER HOUR WORKED for each hour worked, unless otherwise noted
Page 52
Prevailing Wage Rates for 07/01/2007 - 06/30/2008 Published by the New York State Department of Labor
Last Published on Jan 01 2008 PRC Number 2008000852
Holiday Codes
PAID Holidays:
Paid Holidays are days for which an eligible employee rece ves a regu ar day's pay, but is not required to perform work. If an employee
works on a day listed as a paid holiday, this remuneration is in addition to paymentof the required prevailing rate for the work actuell
performed. Y
OVERTIME Holiday Pay:
Overtime holiday pay is the prem um pay that is re.gulfed for work performed on specified holidays. It is only requ red where the employee
actually performs work on such holidays. The apphcable holidays are listed under HOLIDAYS: OVERTIME. The requ red rate of pa~/fdr
these covered holidays can be found in the OVERTIME PAY section listings for each classification.
Following is an explanation of the code(s) listed in the HOL DAY section of each classification contained in the attached schedule. The
Holidays as listed below are to be paid at the wage rates at which the employee is normally classified.
( 1 ) None
( 2 ) Labor Day
( 3 ) Memorial Day and Labor Day
( 4 ) Memodal Day and July 4th
( 5 ) Memorial Day, July 4th, and Labor Day
( 6 ) New Year's, Thanksgiving, and Christmas
( 7 ) Lincoln's Birthday, Washington's Birthday, and Veterans Day
( 8 ) Good Friday
( 9 ) Lincoln's Birthday
( 10 ) Washington's Bidhday
( 11 ) Columbus Day
( 12 ) Becfion Day
( 13 ) Presidential Election Day
( 14 ) 1/2 Day on Presidential Election Day
( 15 ) Veterans Day
( 16 ) Day after Thanksgiving
( 17 ) July 4th
( 18 ) 1/2 Day before Christmas
( 19 ) 1/2 Day before New Years
( 20 ) Thanksgiving
( 21 ) New Year's Day
( 22 ) Christmas
( 23 ) Day before Christmas
( 24 ) Day before New Year's
( 25 ) Presidents' Day
( 26 ) Martin Luther King, Jr, Day
Page 53
BUREAU OF PUBLIC WORK
STATE OFFICE BUILDING CAMPUS
ALBANY, NY 12240
REQUEST FOR WAGE AND SUPPLEMENT INFORMATION: REQUIRED BY ARTICLES 8 AND 9 OF THE LABOR LAW
Fax: (518) 48S-'1870 or mail this form for new schedules or for determination for additional occupations.
THIS FORM MUST BE TYPED
SUBMIT['ED BY: EJ CONTRACTING AGENCY [] PUBLIC WORK DISTRICT OFFICE I DATE:
(CHECK ONE) EJ ARCHITECT OR ENGINEERING FIRM
A. PUBLIC WORK CONTRACT TO BE LET BY: (Enter Data Pertaining to Contracting Agency)
1. Name end coreplete address ( [] check if new or change):
Telephone: ( ) Fax: ( )
E-Mail:
2. NY State Units (see Item 5) [3 01 DOT
[] 02 OGS
[] 03 Dormitory Authority
[] 04 State University
Construction Fund
[] 05 SUNY/Colleges
[] 06 Mental Hygiene
Facilities Corp,
[] 07 OTHER N.Y, STATE UNIT
[] 08 City
[] 09 Local School Distdct
[] 10 Special Local Dictdc[, i.e.,
Fire, Sewer, Water Distdct
[] 11 Village
[] 12 Town
[] 13 County
[] 14 Other Non-N.Y, State
(Des~be)
3. SEND REPLY TO ([] check if new or change)
Name and complete address:
Telephone: ( ) Fax:( )
E-Mail:
B. PROJECT PARTICULARS
5. Project Title
Description of Work
Contract Identification Number
Note: For NYS units, the OSC Contract No.
4, SERVICE REQUIRED. Check appropriate box and provide project
information.
[] New Schedule of Wages and Supplements.
IAPPROXIMATE BID DATE:
[] Additional Occupation and/or Redetermination
PHC NUMBER ISSUED PREVIOUSLY FOR OFFICE USE ONLY
TH S PROJECT:
6. Location of Project:
Location on Site
Route No/Street Address
Village or City
Town
County
8. OCCUPATION FOR PROJECT:
7. Nature of Project- Check One: [] 1. New Building
[] 2. Addition to Existing Structure
[] 3. Heavy and Highway Construction (New and Repair)
[] 4. New Sewer or Waterline
[] 5. Other New Construction (Explain
[3 6. Other Reconstruction, Maintenance, Repair or Alteration
[3 7. Demolition
[] 8. Building Service Contract
[] Construction (Building Heavy
H ghway/Sewer/Water)
[] Tunnel
[] Residential
[] Landscape Maintenance
[] Elevator maintenance
[] Exterminators, Fumigators
[] Guards, Watchmen
[] Janitors, Porters, Cleaners
[3 Moving furniture and
equipment
[] Trash and refuse removal
[3 Window cleaners
[] Other (Describe)
9, Name and Title of Requester
Signature
OFFICE USE ONLY
Locality Designations:
(03-07) SEE PAGE TWO FOR LAWS RELATING TO PUBLIC WORK CONTRACTS
PAYROLL CERTIFICATION FORM
I
do horeby at, ate:
1. That I pay or supervise the payment of the persons employed by
on the ; that during the payroll period commencing
onthe dayof , 20 ,andendlngthe dayof , ~20 .all
pemons employed on ssld project have been paid the full weekly wages earned ¢*x=.~ .~ ~ c,~a... ~e. ~ ~ ~
that no reha~es have been or will be made either directly or indirectly tooron behalf ofrmld contractor,
from rite full weekly wages earned by any person and that
rio deductJo~ls haYe been made either dlrocfly or Indireedy from the full wages earned by any person o~or than
permissible d~ucflons as defined by Regulations Issued by the HewYod($tate Depmtment of Labor. If
any wages are unpaid, as reported in Column 10 on the front of this form, explain below:.
made lo a~x~wo~d~e p~og~,a~ f~' the beee~t o~ m~4~ employee, exeep~ ~ ao~d is Secaoa 4 (c) below.
(c). EXCEP~OaS
Town Hall Roof
k-1
PAYROLL CERTIFICATION FOR PUBLIC WORKS PROJECTS. :
(for contractor and Sub-Contractor's use for Weekly and Final CertlficaUon)
Nameof [] Contmctoror, [] Sub.Con~,-L~k,r: AddressofContractororSub. Contr-_c'tor: Date Wage Due & Pald:
Telephone No. Week Ending or Final CertlflcaUor Project Name & Location: Prevailing Wage Serial Number:. Agency Project Numbe~
Name, Address and
iii work ~ I'l I I II TOTAL RATE GROSS WITH- TOTAL WAGE AMOUHT~
Social Security Number · Classification ~ STATE
NOURS OF PAl AMOUNT FICA PAID FOR UNPAID
of Employee HOLDING DEDUC-
O .ouas WORXF. O EACH OAy EARNED TAX TION$ WEEK
O
S
O
$
O
O
S
S
C
NEW YORK STATE DEPARTMENT OF
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 he 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 previsions of said paragraph, this Contract may be canceled or terminated by the
Owner and all monies due or to become due hereunder may be forfeited.
FEDERAL REGULATIONS:
CERTIFICATION OF NONSEGREGATED FACILITIES.
By the submission of this bid, the bidder, offerer, applicant, or subcontractor certifies
that he does not maintain or provide for his employees any segregated facilities at any
of his establishments, and that he does not permit his employees to perform their
services at any location, under his control, where segregated facilities are maintained.
He certifies further that he will not maintain or provide for his employees any
segregated facilities at any of his establishments, and that he will not permit his
employees to perform their services at any location, under' this control, where
segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor
agrees that a breach of this certification is a violation of the Equal Opportunity clause
in his contract. As used in this certification, the term "segregated facilities" means
any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other
eating areas, time clocks, locker rooms and other storage or dressing areas, time
clocks, locker rooms and other storage or drasslng areas, parking lots, dunking
fountalns, recreation or entertainment areas, transportation, and housing facilltlee
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):
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2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT
FOR CERTIFICATIONS OF NON ~EGREGATED FACILITIES.
A certification of Non-segregated Facilities must be submitted prior to the award of a
subcontract exceeding $10,000 - which is not exempt from the provisions of the Equal
Opportunity clause. The certification may be submitted either for each subcontract or
for all subcontracts during a period (I.e., quarterly, semiannually, or annually).
NOTE: The penalty for making false statements in offers is prescribed in
18 U.S.C. 1001.
"During the performance of this contract", the Contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, creed, color, or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, creed, color, or national
origin. SuCh action shall Include, but not be Ilmltad to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post In conspicuous places,
available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
(2) The contractor wlll, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive consideration
for employment without regard to race, creed, color, or national origin.
(3) The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract ar understanding, a notice
to be provided by the agency contracting officer, edvlslng the labor union or workers
representative of the contractor's commitments under Section 202 of Executive Order
No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, and regulations, and relevant orders of the
Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the ~'ules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the contracting agency and the Secretary of Labor for the purposes
of Investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order No. 11245 of September 24, 1965, and such other
sanctions may be Imposed and remedies Invoked as provided In Executive Order No.
11246 of September 24, 1966, or by rule, regulation, or order of the Secretary of Labor~
or as otherwise provided by law.
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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: ~, howewr, 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 REGULATIONR
EQUAL OPPORTUNITY IN EMPLOYMENT
~ Reports end OtherReq~Jired Information
(a) Requirements for prime contractors and subcontractors.
(1) Each agency shall requlre 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-t)
promulgated jointly by the Office of Federal Contract Compliance, the Equal
Employment Opportunity Commission, and Plans for Progress, or on such
form as may hereafter be promulgated in its place, If such pdme contractor or
subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in
accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime
contractor or first.tier subcontractor; and (iv) has a contract, sub-contract, or
purchase order amounting to $ 50,000 or more, or serves as a depository of
Government funds in any amount, or is a financial Institution which is an
issuing and paying agent for U.S. savings bonds and savings notes: Provided,
that any subcontractor below the first tier which performs construction work
at the site of construction shall be required, to file such a report If It meets the
requirements in subdivisions (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 agenoy, 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 wdtlng to the Director by
the agency as soon as practicable after It occurs.
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1-12.805.4 Repnrts 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 Jt 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 Jn 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 Jn a
previous contract or subcontract subject to the Equal Opportunity clause
herein, or the clause originally contained in sectlon 301 of Executive Order No.
10925, or the clause contained in section 201 of Execufive 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 falls to execute the representation, the omission shall
be considered a minor Informality and the bidder or offeror shall be permitted
to safisfy 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 fumleh such other
Information as the agency, the applicant, or the Director requests.
(C) Useof reports.
Reports filed pursuant to this 1-12.805.4 shall be used only In connection with the
admlnistrafion of the Order, the Civil Rights Act of 1964, or in furtherance of the
purposes of the Order and said Act.
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( 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 cnn_~tnJCtinn or repair shall include a prevision for
compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as
supplemented in Department of Labor Regulations (29 CFR, Part 3).
This Act provides that each Contractor shall be prohibited from
inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the
compensation to which he is otherwise entitled. The Grantee shall
report all suspected or reported violations to the Grantor .A~gency.
Where applicable, all Contracts awarded in excess of $ 2,000 for
~ 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 ~1 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 sur~oundings or under worldng
conditions which are unsanltsry, 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 transmlsalon of Intelligence.
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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 requlras 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 vtelate 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 ~ or facility improvement awarded In
excess of $100,000, grantees shall observe the bonding requirements
provided in Attachment B to this Circular.
All COntracts and sub-granta 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 speclflee 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.
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COMPLIANCE WITH PROVIfilONS OF THE LAROR LAW
Pursuant to Article 8 of the Labor Law, the contractor's attention is directed
to the following requirements:
w
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 pravalling rate or wages and shall be provided supplements not less
than the prevailing supplements as detarmlned 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 t° 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
municlpellty agrees:
(a) Tha{ 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 discHminata 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 ~tl~ 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 Intimldatsd in vlolatlon of the
provisions of the contract;
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(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 slx 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 ff 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 deecrlbed
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 employmenL" The Notice may be obtained
from the department having jurisdiction, or from the office of the State Commission for Hummt
Rights in the respective area.
You are requested to refer to the Bureau of Public Work all charges of discrimination in employment
including discrimination bec. ause of age, race, creed, color or national origin.
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PROJECT SPECIFICATIONS - 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 t0'10 - SUMMARY OF WORK
'1.01 WORK COVERED BY THE CONTRACT DOCUMENTS:
A. The work in this project includes the demolition of the existing roof system.
This will include the disconnection of all building utilities and the protection of
all roof penetrations. The disposal of all debris generated under this contract
shall be the responsibility of the contractor.
B. The contractor shall be responsible for the protection of all existing building
features and site improvements. Unnecessary damage caused by
construction activities to existing facilities shall be repaired by the contractor
at his/her cost.
C. The contractor shall be responsible for maintenance and protection of
vehicular & pedestrian traffic to and from the Town Hall facility during
construction. Proper signage and fencing to secure active areas of work shall
be the Contractors responsibility.
D. The work in this project also covers the installation of a new roof system to
serve the existing Town Hall facility. All work shall conform to the
specifications provided herein and shall meet the minimum requirements and
specifications of all roofing manufacturers.
E. The intent of the Contract Documents is for the work to be completed and
finished in all respects, including all labor, materials, equipment, tools,
construction equipment, water, heat utilities, transportation, and other
facilities and services necessary for the proper execution of the v~ork as
celled for on the drawings, specified herein Or as may be reasonably inferred
there from.
F. This contract includes all site work necessary for the completion of Work.
G. The contractor may store his materials and equipment on the Work site but
the Town of Southold will not be responsible for damage or theft of same.
H. In the event that anything reasonable, necessary or proper for the complete
performance of the work to produce a first class finished job; has*not been '
described in these specifications clearly, through oversight or palpable error,
the contractor shall, notwithstanding, execute and provide all omitted works
and things as if they were severally described, without extra charge and to
the satisfaction of the Town's authorized representatives.
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1.02 CONSTRUCTION FACILITIES & TEMPORARY CONTROLS
A. TEMPORARY ELECTRICITY: The Contractor shall provide electrical power for
the use of all trades during construction and shall pay for all electrical power
used.
B. TEMPORARY HEAT & VENTILATION: The Contractor shall provide heat and
ventilation during construction to prevent freezing of materials, reasonable
comfort for the workmen, and proper conditioning for installing finish materials.
C. TEMPORARY WATER: The Contractor shall provide a temporary potable water
supply for all trades dudng the construction period.
1.03
CONSTRUCTION SITE SAFETY & BARRIERS
The contractor is specifically advised that he shall be responsible for on-site safety
in regard to his area of work and shall indemnify and hold harmless the Town of
Southold and the Architect from any and all cta'ms resulting from on-site accidents
or safety conditions.
A. Barricades and warning devices shall be provided around all active construction
areas and other hazardous areas during construction. The project site shall'be
maintained in accordance with Uniform Statewide Building Code and local
requirements.
B. The Contractor shall maintain access to the Town Hall facility at all times during
construction
1.04 SUBSTITUTIONS
1.05
A. The contractor may submit substitutions for products specified herein, where
such substitutions are allowed~ Requests for substitutions shall be submitted
with complete data necessary to substantiate compliance with the contract
documents. All substitutions shall be approved in writing prior to being ordered,
fabricated or incorporated into the work. No claims for additional costs related to
substitutions will be allowed.
DISPOSAL
All debris shall be contained in a certified waist container.' The stocl~piling of Debris ·
generated by this project shall not be permitted, All full containers shall be
removed from site within 24 hours.
A. Burning of material on site will not be permitted.
B. All debris generated from this project shall be removed from the site daily as
it accumulates.
C. Should the contractor elect to continue work.beyond normal working hours,
material to be removed shall not be allowed to accumulate for more than 48
hours.
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CONSTRUCTION SPECIFICATIONS
All work in this Division shall comply with all particulars of the General Conditions and
the Supplementary General Conditions of these Specifications,
Section 7000 - THERMAL & MOISTURE PROTECTION
Part t General
1.01 GENERAL DESCRIPTION:
A. Provide New Membrane roofing and insulation where indicated or
required,
B. Provide New Asphalt roofing on 30# roofing felt where indicated or
required.
1.03
QUALITY ASSURANCE:
A, Acceptable Manufacturers; Roofing:
1, EPDM Membrane roofing system as manufactured by. Firestone,
Or approved Equal.
2, Asphalt Roof Shingles as manufactured by Johns-Manville.
Or Approved Equal,
Acceptable Manufacturers; High Densi{y Fiberboard Roof Insulation:
1, Knight-Celotex Fiberboard as manufactured by'Celotex,
The roofing Contractor shall be certified by the manufacturer and shall
have a minimum of five (5) years experience as a roofing contractor,
All materials and workmanship shall conform with the manufacturer's
standard specifications for New Roofing for Membrane Roof and Asphalt
roof systams, The newestand most updated manufacturer's
specifications and installation guidelines are hereby made a part of this
section as if fully repeated 'herein these specifications,
1,05 WARRANTY:
A, The roofing contractor shall fumish the Town of Southold with all extended
manufacturer's warranties relating to materials and he shall further guarantee
all labor and installation techniques for a period of not less than five (5) Years, '
Part 2 Products:
2.01 Materials:
,060" thick EPDM Membrane roofing as manufactured by Firestone,
0,5" thick High Density Fiberboard Roof Insulation,
Asphalt roof shingles -Architectural Grade With Lifetime warranty,
(Color as selected by the Town,)
30~ Asphalt impregnated building felt,
Page 3
2.01.1 GENERAL
This section of Firestone's Technical Ma~lual provides Instru~ons for the Installation of
Firestone's RubberGard EPDM Roof Systems. Reference to the Design Guide, Technical
Inforroatica Sheets (T.I.S.), and ether sections of Firestone's Techalca~ Specifications is
necessary to ensure that the finished roof system Is Installed in compliance with Firestone '
requirements.
Extended warranties, 15, 20, and 30 year, may require special considerations with regards to
fasteners, insulations, membrane gauge, and attachment requlreroents. Refer to the System
Design Guide of this Technical Manual for specific requlremants. ·
NOTE: IF A PROPOSED APPLICATION FALLS OUTSIDE OF THIS SPECIFICATION,
CONTACT FIRESTONE TECHNICAL SERVICES FOR ADDITIONAL INFORMATION.
2.02.1 JOB SITE CONSIDERATIONS (CAUTION AND WARNINGS)
Keep all adhesives, sealants and cleaning materials away from ALL Ignition sources (i,e~, flames, fire,
sparks, etc.). Do not smoke while using these materials.
A. Consult container labels, Material Safely Data Sheets and Technical Information Sheets for
specific safely Instructions for all products used on the project.
B. Care must be used when installing fasteners to avoid possible conduits and other piping In
and under the deck.
C. Fumes from adhesive solvents may be drawn into the building during installation through,
rooftop intakes. Refer to Flrestone's Technical Information Sheet "Recommended Guidelines
for Application of Roofing Materials to an Occupied Building".
D. Store Firestone RubberGard EPDM membrane in the original undislurbed plastic wrap in a
manner to protec~ it from becoming damaged.
E. Do not use all-base or bltumlnous-bsse roof cement with Firestone RubberGerd EPDM
membrane,
F. Insulation must be properly stored and prefected from Ignltioh sources, moisture and
damage.
G. When the outside temperature Is below 40 °F (4.4 °C), ~ertaln combinations of temperature
and humidity may cause condensation on Ihe surface of solvent.based adhesives and
primers. If this condition occurs, diasonlinoe Ihe application. When rite ambient ~r co~]itioes
no longer cause condancation on adhesive su;facos, re-apply additional adhesive or Ixfmer
1. The conalste~cy of sealants, adhesives and primers will begin tO thicken as the '
temperature drops. To rolnlmlze this, the following is recommended:
e. Start work with sealants, adhesives and primers that have been stored belween
60 °F and 80 °F (15.5 "C and 26.7 °C). Insulated heated boxes may be helpful.
b. Complete test areas to determine If conditions will cause problems such as
condensation ~ the application of lhe material.
c. Stop the operation or change to another warm cootaleer when roateilal becomes too
2. Do not use heat guns or apan Ifaroes to dry adhe ,sires and Primers.
S. No4old or single fold panels are easlar to apply In cold wealher and are recommended.
4. If using Water-Based Bonding Adbesive, tantperatures must be at least 40 OF (4.4 oC)
be expected for lower temperatures and h;gher huroldity.
Page 4
2.03.1 ROOF SUBSTRATE PREPARATION
A. Correct Substrate Defects:
1. Defects that need to be corrected before work c~n commence should be brought to the
attention of the General Contractor or Owner in writing and addressed by them.
2. For re-roofing applications, remove existing roof system components as specified by the
project designer. If components are discovered during installation that could be
detrimental to the performance of the new roof system, they should be brought to the
attention of the project designer for corrective action.
3. Good roofing practice requires a complete tear-off to the structural deck if soundness and
integrity of the existing roof system cannot be verified. Recovering an existing roof
system Is an alternative to removing existing roof components. However, non-destructive
testing, in conjunction with core cuts, must be completed to determine the condition of the
existing roof system and dasklng.
4. The building owner or project designer is responsible for assuring that all wet insulation
and/or wet substrate materials are removed In a re-roofing application. The best
diagnostic technique Is taking and evaluating a series of roof euts. There are three cther
techniques that are currently available to make thIs determination by Indirect means:
These am:
· nuclear raoisture detection,
· infrared thermography
electric capacitance.
5. These techniques provide measurement of factors that can be associated wtih the
presence of moisture, whioh can then be correlated to the roofing cuts to verify the results
of the hen-destructive testing.
B. Reraove Moisture:
Ponded water, snow, frost and/or ice, present in mom than trace amounts must be removed
from the work surface(s) prior to installing the RubberGard EPDM Roofing System.
C. Prepare Surface:
Acceptable substrates to which the RubberGard EPDM Roofing System is installed must be
propedy prepared prior to membrane Installation. The sudace must be relatively even, clean,
dry, smooth, free of sharp edges, fins, loose or foreign materials, ~11, grease and other-
raateriais that may damage the membrane. Rough sudaces.that could cause damage to the.
raembraue most be overlaid with insulation.
D. RII Voids:
All surface voids of the immediate substrete greater than 1/4' (6.35 mm) Wide must be filled
E. Install Vapor Retarder (When Specified):
Install a vapor retarder as specified by the pmjec~ deslgee~:.
2.04.1 WOOD NAIl. ER LOCATION AND INSTALLATION
Wood nailers must be Installed as specified by the project designer or as noted in Rrestone
Details and the System Design Guide. Install wood nailers as follows:
Position Wood Hailer
Total wood nailer.height must match the total thk~'~ss of Insulation being used and ~hould
be Installed with a 1/8' (3.2 mm) gap belwean each leagth and each change of dlrsotio~.
Page 5
B. Secure Wood Nailer
Wood nailers must be firmly fastened to the deck or buliding~ Mechanically fasten wood
nallem to resist a force of 200 Ibf (890 N) in any direction, typically 12" (305 mm) o.c. Refer to
attachment requirements as specified by the project designer.
C. Taper Wood Nailer
The wood nailer must be tapered (if applicable) se that it will always be flush at the point of
contact w~th the insulation (refer to Firestone Details).
D. Chemical Treating of Wood Nailer
Chemical treating for fire resistance or other purposes (ether than pressure treating for rot
resistance, Lo. 'Wcimanlzed' or "Osmose K-33") may affect the performance of the Firestone
RubberGard EPDM membrane and accasseHes. Submit MSDS sheets for any chemically
treated lumber that comes in contact with the RubberGard Membrane, with active ingredients
listed, to Firestone Technical ,Services for acceptance regarding compatibility.
E. Installation of Wood Nailers by Others
Make these specifications and details available when nailers am to be installed by othem.
Work that compromises the Integrtiy of the system may jeopardize the warranty for the entire
project.
2.05.1 INSULATION INSTALLATION
A. Install Insulation:
Install only as much insulation as can be covered with roofing membrane and completed
before the end of the day's werk or before the onset, of inclement weather.
B. Fit Insulation:
Neatly ffi insulation to ail penetrations, projections, and nailers. Insulation should be loosely
fated, with gaps greater than 1/4' (6.3 mm) tilled with aoceptable insulation. The edges of
Insulation beards running parallel with the deck should be supporled by the top flange. Under
no circumstances should the membrane be left unsupported over a space greater than 1/4"
(6.3 mm). Tapered insulation with acceptable facem for bonding must be installed around
roof drains se as to provide proper slope for drainage as shown in Iqrestone Details.
C. Stagger Insulation Joints:
When Installing multiple layers of insulation, all joints between layem shon!d be staggered,
but is not required for the issuance of a Firestone Warranty.
2.05.1.1 Attach Insulation
A. Mechanicai Attachment:
Ineulation must be attad~d using firestone Insulation Plates and Fasteners.
1. Refer to the Technical Infofmatlen Sheet that references the !Aoeclfic Insulation being
used, for attachment patterns and fastening rates of Ihat Insulation.
2. Refer to the Technical Information Sheet that references the spocific fastener being
used, for deck penetration requirements of that festsnsr.
3. When Installing a multi-layer Insulation assert, Ihe fastening pattem is determined
by the type and thldmess of the tap layer of Insulation.
4. When installing a multi-layer insulation assembly on.an MA8 System with a ~ully
adhered perimeter, the fastening pattern Is detemflned by the type and thldmees of
the top layer of Insulation for a Fully Adhered System. '
5. Ensure that lhe fasteners are fully seated, but nol overddven. The Insulation plat~
may cup If the fasteners am overddvon.
6. Multiole lavem may be Installed using a common fastener. Page 6
DO NOT MECHANICALLY ATTACH THE INSULATION LAYER DIRECTLY BENEATH THE
MEMBRANE ON A BALLASTED SYSTEM.
B. Asphalt Attachment,
Insulation may be attached using a solid mopping of ASTM D 312 Typo III or Type IV
asphalt or Fir6stons SEBS Asphalt (as required by warranty term).
1. The insulation should be no larger than 4' X 4' (1.2 m X 1.2. m).
2. The substrate may require priming prior to installing the insulation. Refer Io the
Design Guide for specific Information.
3. The asphalt shall be al the manufacturer's stated EVI' atthe point of Installation.
Enough asphalt must be installed (approximately 25,f/100 sq .fl (1.2 k/sq. m)) to'
ensure that complete adhesion is achieved.
4. It Is necessary to walk beards in to ensure complete adhesion ~o the substrete.
5. Additional layem of Insulation may be Installed in the same fashion.
C. Adhesive Attachment:
Insulation may be attached using LS.O. FIX, I.S.O.SPRAY, or another Firestone-accepted
Insulation adhesive. ' ·
1. Apply the adhesive in strict accordance with the instructions provided with the
product and the Technical Information Sheets that are a part of this Technlca!
Manual.
2. It may be necessary to prime the substrate prior to installing the InSulation in
adhesive.
3. If Installing on a metal deck (where allowed by spocificatlon), the edge of the board.
parallel with the roof deck should be completely supporled.
4. The insulation should be no larger than 4' X 4' (1.2 m X 1.2 m).
5. It Is necessary !o walk boards in or weight them down lo ensure complete adhealon
to the substrate.
6. Addltioflal layem of insulation may be Instal~ed in lhe same fashion.
· D. Insulation may be attached aslng Rrestene MB Cold Adhesive
1. Apply the adhesive in strict accordance with the instructions provided with the
product, and the Technical Information Sheets that are a part of this Technical
Manual.
2. The insulation should be no larger than 4' X 4' (1.2 m X 1.2 m).
3. Apply Firestone MB Cold Adhesive wllh an airless sprayer or a ¼' (6.4 mm) notched.
neoprene squeegee at a rate of 1~t/2 to 2 gallons por 100 square feet
(0.6 to 0.8 L/sq. m). (SOME SUBSTRATES MAY.TAKE MORE ADHESIVE
DEPENDING UPON '['HE ABSORBENCY AND TEXTURE OF THE SURFACE).
4. Insulation may be Installed Imme~llataly or up to as much as 20 minutes after the
application of the adhesive depending on application, rates and ambier~ conditions.
(THE SURFACE SHOULD BE SHINY WHEN INSTALLING INSULATION. IF NOT,
THEN ADDmONAL ADHESIVE MUST BE APPUED).
5. After the Insulation has been set In the Rrestono MB Cold Adhesive, walk boards in
Immediately and welght down if necessary to ensure that they are fully bonded. -.
6. Addtiional layers of Insulation may be Installed In the same fashion.
1. ' Rrastons MB Cold Adhesive contains solvents that have an odor and am slow to .
evaporate. Because of this, adhesive fumes may enter the building through openings
In the de~k or through ah' Intakes and may remain for some time. If Firestone MB
Cold Adhesive Is u~:l for attaching Insulation and/or base sheets, measures must be
taken to prevent fumes from entering the buit(ting. In addition, dlsouss this with
building owners before proceeding to make them aware of the .potential for fumes
enter g the bu,crmg.
2. Ambient air temperature and relative hundcrdy een greatiy affect the length of time
required for M.B Cold Adhesive reach optimum adhesive strength. Colder
temperatures and/or higher humidity may reduce the Initial wind uplift resistance.
Page 7
Existing Town Holl Praking Lot
NO WORK
PROTECT EXI~I'ING ROOF
DURING CONSTRUCTION
THIS AREA
L_
i I
NOTE:
THIS PLAN IS SHOWN FOR REFERENCE ONLY.
ALL MEASUKEMENTS AND QUANTitIES OF
MATERIALS SHALL BE THE RBGPONIr4BEL'FrY
OF 'THE CONTRACTOR.
STATE ROUTE 25
MAiN ROAD
R-t